Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the application of certain provisions of the Convention of 29 may 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union a


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22004A0129(01)
 
Agreement between the European Union and the Republic of Iceland and
the Kingdom of Norway on the application of certain provisions of
the Convention of 29 may 2000 on Mutual Assistance in Criminal
Matters between the Member States of the European Union and the 2001
Protocol thereto
 
Official Journal L 026 , 29/01/2004 P. 0003 - 0009 
 
Dates:
of document:   19/12/2003
of effect:   00/00/0000; Entry into force See Art 6.3
of signature:   19/12/2003; Brussels
end of validity:   99/99/9999
 
Authentic language: Icelandic ; Norwegian ; German ; English ;
Danish ; Spanish ; Finnish ; French ; Greek ; Gaelic ; Italian ;
Dutch ; Portuguese ; Swedish ; The official languages
Author:
European Union ; Norway ; Iceland
 
Subject matter: Justice and home affairs ; External relations ;
Common foreign and security policy
Directory code: 19300000 ; 19500000 ; 18000000
EUROVOC descriptor: EC agreement ; Iceland ; Norway ; judicial
cooperation ; criminal proceedings
 
Legal basis:
102M024................... Adoption
102M038................... Adoption
Instruments cited:
299A0710(02)..............
300F0712(02)..............
400Y1229(02)..............
301F1121(01)..............
401A1121(01)..............
102M034...................
Subsequent related instruments:
Relation...... 304D0079..........
 
 
 
 
Agreement
between the European Union and the Republic of Iceland and the
Kingdom of Norway on the application of certain provisions of the
Convention of 29 may 2000 on Mutual Assistance in Criminal Matters
between the Member States of the European Union and the 2001
Protocol thereto
 
THE EUROPEAN UNION,
on the one hand, and
THE REPUBLIC OF ICELAND
and
THE KINGDOM OF NORWAY,
on the other hand,
hereinafter referred to as "the Contracting Parties",
WISHING to improve judicial cooperation in criminal matters between
the Member States of the European Union and Iceland and Norway,
without prejudice to the rules protecting individual freedom,
CONSIDERING that current relationships among the Contracting Parties
require close cooperation in the fight against crime,
POINTING OUT the Contracting Parties' common interest in ensuring
that mutual assistance between the Member States of the European
Union and Iceland and Norway is provided in a fast and efficient
manner compatible with the basic principles of their national law,
and in compliance with the individual rights and principles of the
European Convention for the Protection of Human Rights and
Fundamental Freedoms, signed at Rome on 4 November 1950,
EXPRESSING their mutual confidence in the structure and functioning
of their legal systems and in the ability of all Contracting Parties
to guarantee a fair trial,
RESOLVED to supplement the European Convention on Mutual Assistance
in Criminal Matters of 20 April 1959 and other Conventions in force
in this area, by an Agreement between the European Union, Iceland
and Norway,
RECOGNISING that the provisions of those Conventions remain
applicable for all matters not covered by this Agreement,
RECALLING that this Agreement, including Annex I thereto, regulates
mutual assistance in criminal matters, based on the principles of
the Convention of 20 April 1959,
CONSIDERING that in Article 2 paragraph 1 of the Convention of 29
May 2000 on Mutual Assistance in Criminal Matters between the Member
States of the European Union, and in Article 15 of the Protocol of
16 October 2001 thereto, the provisions have been identified which
constitute a development of the Schengen acquis, and which therefore
have been accepted by Iceland and Norway by virtue of their
obligations under the Agreement of 18 May 1999 concluded by the
Council of the European Union, the Republic of Iceland and the
Kingdom of Norway on the latters' association with the application,
implementation and development of the provisions of the Schengen
acquis,
CONSIDERING that Iceland and Norway have expressed their wish to
enter into an agreement enabling them to apply also the other
provisions of the 2000 Mutual Assistance Convention and of the 2001
Protocol in their relations with the Member States of the European
Union,
CONSIDERING that the European Union also considers it necessary to
have such an agreement in place,HAVE AGREED AS FOLLOWS:
Article 1
1. Subject to the provisions of this Agreement, the content of the
following provisions of the Convention of 29 May 2000, established
by the Council of the European Union in accordance with Article 34
of the Treaty on European Union, on Mutual Assistance in Criminal
Matters between the Member States of the European Union, hereinafter
referred to as "the EU Mutual Assistance Convention", shall be
applicable in the relations between the Republic of Iceland and the
Kingdom of Norway and in the mutual relations between each of these
States and the Member States of the European Union:
Articles 4, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25
and 26, as well as Articles 1 and 24 to the extent that they are
relevant for any of those other Articles.
2. Subject to the provisions of this Agreement, the content of the
following provisions of the Protocol of 16 October 2001, established
by the Council of the European Union in accordance with Article 34
of the Treaty on European Union, to the Convention on Mutual
Assistance in Criminal Matters between the Member States of the
European Union, hereinafter referred to as "the EU Mutual Assistance
Protocol", shall be applicable in the relations between the Republic
of Iceland and the Kingdom of Norway and in the mutual relations
between each of these States and the Member States of the European
Union:
Articles 1 (paragraphs 1 to 5), 2, 3, 4, 5, 6, 7, 9, 11 and 12.
3. The declarations made by Member States under Articles 9(6),
10(9), 14(4), 18(7) and 20(7) of the EU Mutual Assistance Convention
and Article 9(2) of the EU Mutual Assistance Protocol shall also be
applicable in the relations with the Republic of Iceland and the
Kingdom of Norway.
 
Article 2
1. The Contracting Parties, in order to achieve the objective of
arriving at as uniform an application and interpretation as possible
of the provisions referred to in Article 1, shall keep under
constant review the development of the case-law of the Court of
Justice of the European Communities, as well as the development of
the case-law of the competent courts of Iceland and Norway relating
to such provisions. To this end a mechanism shall be set up to
ensure regular mutual transmission of such case-law.
2. Iceland and Norway shall be entitled to submit statements of case
or written observations to the Court of Justice in cases where a
question has been referred to it by a court or tribunal of a Member
State for a preliminary ruling concerning the interpretation of any
provisions referred to in Article 1.
 
Article 3
If a request is refused, Norway or Iceland may ask the requested
Member State to report to Eurojust any problem encountered
concerning the execution of the request, for a possible practical
solution.
 
Article 4
Any dispute between either Iceland or Norway and a Member State of
the European Union regarding the interpretation or the application
of this Agreement or of any of the provisions referred to in Article
1 thereof may be referred by a Party to the dispute to a meeting of
representatives of the governments of the Member States of the
European Union and of Iceland and Norway, with a view to its
settlement within six months.
 
Article 5
The Contracting Parties agree to carry out a common review of this
Agreement no later than five years after its entry into force. The
review shall in particular address the practical implementation,
interpretation and development of the Agreement and may also include
issues such as the consequences of further development of the
European Union relating to the subject matter of this Agreement.
 
Article 6
1. The Contracting Parties shall notify each other of the completion
of the procedures required to express their consent to be bound to
this Agreement.
2. When giving their notification under paragraph 1 or, if so
provided, at any time thereafter, Iceland and Norway may make any of
the declarations provided for in Articles 9(6), 10(9), 14(4), 18(7)
and 20(7) of the EU Mutual Assistance Convention and Article 9(2) of
the EU Mutual Assistance Protocol.
3. As far as the relevant provisions of the EU Mutual Assistance
Convention are concerned, this Agreement shall enter into force on
the first day of the third month following the day on which the
Secretary-General of the Council of the European Union establishes
that all formal requirements concerning the expression of the
consent by or on behalf of the Parties to this Agreement have been
fulfilled, or on the date on which the EU Mutual Assistance
Convention enters into force in accordance with Article 27(3)
thereof, if such date is later. As far as the relevant provisions of
the EU Mutual Assistance Convention are concerned, the entry into
force of this Agreement creates rights and obligations between
Iceland and Norway and between Iceland, Norway and those EU Member
States in respect of which the EU Mutual Assistance Convention has
entered into force.
4. As far as the relevant provisions of the EU Mutual Assistance
Protocol are concerned, this Agreement shall enter into force on the
first day of the third month following the day on which the
Secretary-General of the Council of the European Union establishes
that all formal requirements concerning the expression of the
consent by or on behalf of the Parties to this Agreement have been
fulfilled, or on the date on which the EU Mutual Assistance Protocol
enters into force in accordance with Article 13(3) thereof, if such
date is later. As far as the relevant provisions of the EU Mutual
Assistance Protocol are concerned, the entry into force of this
Agreement creates rights and obligations between Iceland and Norway
and between Iceland, Norway and those EU Member States in respect of
which the EU Mutual Assistance Protocol has entered into force.
5. Subsequently, such rights and obligations shall come into being
between Norway, Iceland and other EU Member States as from the dates
on which the EU Mutual Assistance Convention and/or the EU Mutual
Assistance Protocol enter into force for such other EU Member
States.
6. This Agreement shall apply only to mutual assistance procedures
initiated after the date on which it creates rights and obligations
by virtue of paragraphs 3 and 4.
 
Article 7
Accession by new Member States of the European Union to the EU
Mutual Assistance Convention and/or to the EU Mutual Assistance
Protocol shall create rights and obligations under this Agreement
between those new Member States and Iceland and Norway.
 
Article 8
1. This Agreement may be terminated by the Contracting Parties. In
the event of termination by either Iceland or Norway, this Agreement
shall remain in force between the European Union and the State for
which it has not been terminated.
2. Termination of this Agreement pursuant to paragraph 1 shall take
effect six months after the deposit of the notification of
termination. Procedures for complying with requests for mutual legal
assistance still pending at that date shall be completed in
accordance with the provisions of this Agreement.
3. This Agreement shall be terminated in the event of termination of
the Agreement of 18 May 1999 concluded by the Council of the
European Union, the Republic of Iceland and the Kingdom of Norway on
the latters' association with the application, implementation and
development of the Schengen acquis.
4. Termination of this Agreement pursuant to paragraph 3 shall take
effect for the same Party or Parties and on the same date as the
termination of the Agreement of 18 May 1999 referred to in paragraph
3.
 
Article 9
1. The Secretary-General of the Council of the European Union shall
act as the depository of this Agreement.
2. The depository shall make public information on any notification
made concerning this Agreement.
 
Article 10
This Agreement shall be drawn up in one single copy in the Danish,
Dutch, English, Finnish, French, German, Greek, Icelandic, Irish,
Italian, Norwegian, Portuguese, Spanish and Swedish languages, each
text being equally authentic.
 
 
 
Hecho en Bruselas, el diecinueve de diciembre de dos mil
tres./Udfördiget i Bruxelles, den nittende december to tusind og
tre./Geschehen zu BrŽssel am neunzehnten Dezember
zweitausendunddrei./>ISO_7>øółżõ ėĮłĖ ĀęįžąūūõĖ, ėĮłĖ ōąśń õżżąń
Äõśõüņęč˙į ōž˙ šłūłĄōõĖ Įęčń./>ISO_1>Done at Brussels, this
nineteenth day of December, in the year two thousand and three./Fait
š Bruxelles, le dix-neuf dłcembre deux mille trois./Arna dhłanamh sa
Bhruisłil ar an naoŪ lń dłag de Nollaig sa bhliain dhń mhżle is a
trż./Fatto a Bruxelles, addü diciannove dicembre duemilatre./Gedaan
te Brussel, de negentiende december tweeduizenddrie./Feito em
Bruxelas, em dezanove de Dezembro de dois mil e trśs./Tehty
Brysselissō yhdeksōntenōtoista pōivōnō joulukuuta vuonna
kaksituhattakolme./Som skedde i Bryssel den nittonde december
tjugohundratre./GjŠrt ż Brussel nżtjńnda dag desembermńnaĘar ńriĘ
tvŠ ČŪsund og ČrjŪ./Utferdiget i Brussel den 19. desember 2003.
 
Por la Uniėn Europea/For Den Europöiske Union/FŽr die Europōische
Union/>ISO_7>Ćłń Į÷ż ÅįęųĘńŪśČ øżųė÷/>ISO_1>For the European
Union/Pour l'Union europłenne/Thar ceann an Aontais Eorpaigh/Per
l'Unione europea/Voor de Europese Unie/Pela Unióo Europeia/Euroopan
unionin puolesta/FŠr Europeiska unionen
>PIC FILE= "L_2004026EN.000701.TIF">
Fyrir hŠnd LžĘveldisins Ķslands
>PIC FILE= "L_2004026EN.000702.TIF">
For Kongeriket Norge
>PIC FILE= "L_2004026EN.000703.TIF">
 
 
ANNEX I
 
Application to Gibraltar
The United Kingdom of Great Britain and Northern Ireland, as Member
State responsible for Gibraltar, including its external relations,
confirms that this Agreement will take effect in the territory upon
extension of the 2000 EU Mutual Assistance Convention and the 2001
Protocol to Gibraltar, which is contingent upon the 1959 Council of
Europe Mutual Assistance Convention having been extended to
Gibraltar. At that time, the United Kingdom will designate a
relevant Gibraltarian authority as competent for the purposes of the
Agreement. Any formal communication with this authority will be
conducted in accordance with the Agreed Arrangements between the
United Kingdom and the Kingdom of Spain relating to Gibraltar
authorities in the context of EU and EC instruments and related
treaties, which were notified to the Member States and institutions
of the European Union on 19 April 2000. A copy of these Arrangements
shall be notified to the Republic of Iceland and Kingdom of Norway
by the Secretary-General of the Council of the European Union.
 
 
ANNEX II
 
 
 
 
Declaration by the Contracting Parties to the Agreement between the
European Union and the Republic of Iceland and the Kingdom of Norway
on the application of certain provisions of the Convention of 29 May
2000 on Mutual Assistance in Criminal Matters between the Member
States of the European Union and the 2001 Protocol thereto
 
The Contracting Parties agree to consult, as appropriate, when the
Republic of Iceland or the Kingdom of Norway or one of the Member
States of the European Union considers that there is occasion to do
so, to enable the most effective use to be made of this Agreement,
including with a view to preventing any dispute regarding the
practical implementation and interpretation of this Agreement. This
consultation shall be organised in the most convenient way, taking
into account the existing structures of cooperation.
 
 
Declaration by the Republic of Iceland and the Kingdom or Norway
 
The Republic of Iceland and the Kingdom of Norway declare, in view
of the provisions of the Convention of 29 May 2000 on Mutual
Assistance in Criminal Matters enabling direct contact between
judicial authorities, that their competent judicial authorities
wish, where appropriate, to make requisite enquiries through the
contact points of the European Judicial Network, in order to
establish which judicial authority of a Member State of the European
Union has the territorial competence for initiating and executing
requests for mutual assistance.