Entry Into Force Of The Convention On The Basis Of Article K.3. 3 Paragraph 2 Letter C Of The Treaty On European Union, On The Fight Against Of Corruption, To The Officials Of The European Community...

Original Language Title: Inkrafttreten des Übereinkommens auf Grund von Artikel K.3 Absatz 2 Buchstabe c des Vertrags über die Europäische Union über die Bekämpfung der Bestechung, an der Beamte der Europäischen Gemeins...

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49. Revelation of the Federal Minister of Arts and Culture, Constitution and Civil Service concerning the entry into force of the Convention pursuant to Article K.3 (2) (c) of the Treaty on European Union, on the fight against Bribery involving officials of the European Communities or of Member States of the European Union

According to the note by the Secretary-General of the Council of the European Union, the Convention is based on Article K.3 (2) (c) of the Treaty on European Union on the fight against corruption, to which officials of the European Union are communities or of the Member States of the European Union (BGBl. III No 38/2000, last proclamation of the BGBl scope. 1/2004) entered into force on 28 September 2005 in accordance with its Article 13 (3).

STATEMENTS BY THE REPUBLIC OF AUSTRIA

(1) In accordance with Article 7 (2):

The Republic of Austria declares, in accordance with Article 7 (2) of the Convention, to be bound by Article 7 (1) (b) of the Convention with respect to acts of its own nationals only if the offence is also punishable in the country, in where it was committed.

(2) In accordance with Article 10 (2):

The Republic of Austria declares, in accordance with Article 10 (2) of the Convention, that it shall not be bound by Article 10 (1) of the Convention in the following cases:

a)

if the act on which the judgment was based was committed, in whole or in part, in its territory. In the latter case, however, this exception shall not apply if this act was carried out in part in the territory of the Member State in which the judgment was delivered;

b)

if the act on which the foreign judgment was based has complied with one of the following offences:

-

Reconnaiation of a business or business secret in favour of the foreign country (§ 124 StGB);

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High treason and preparation of high treason (§ § 242 and 244 StGB);

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State-hostile connections (§ 246 StGB);

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Degrading of the state and its symbols (§ 248 StGB);

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Attacks on supreme state bodies (§ § 249 to 251 of the StGB);

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National betrayal (§ § 252 to 258 StGB);

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Criminal acts against the Bundesheer (§ § 259 to 260 StGB);

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Criminal acts committed by a person against an Austrian official (§ 74 Z 4 StGB) during or due to the execution of his duties;

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offences under the Foreign Trade Act; and

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Offences under the War Material Act;

c)

if the act on which the foreign judgment was based was committed by an Austrian official (§ 74 Z 4 StGB) in breach of his official duties.

(3) In accordance with Article 12 (4):

a)

The Republic of Austria shall recognise the jurisdiction of the Court of Justice of the European Communities in accordance with Article 12 (3) of the Convention.

b)

The Republic of Austria reserves the right, in its national law, to provide for a provision according to which a national court whose decisions may no longer be challenged by means of appeal under national law shall be entitled to is obliged to refer the matter to the Court of Justice of the European Communities when a question relating to the interpretation of the Convention on the fight against corruption involving officials of the European Communities or the Member States is to be interpreted of the European Union, in a floating procedure occurs.

(4) In accordance with Article 13 (4):

The Republic of Austria declares that the Convention, with the exception of Article 12, shall apply to it in its relations with the Member States which have made the same declaration.

In addition to Austria, the following other countries have notified the adoption of the Convention, respectively. are acceding to this:

Belgium 1 , Denmark 2 (excluding Faroe Islands and Greenland), Germany 3 , Estonia, Finland 4 , France 2 , Greece 1 , Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands 1 , Poland, Portugal 1 , Sweden 4 , Slovakia, Slovenia, Spain 4 , Hungary, United Kingdom 4 , Cyprus.

On the occasion of the deposit of their certificate of notification, the following states have expressed reservations, or Statements made:

Denmark 2 :

In accordance with Article 7 (2), Denmark reserves the right, in the cases referred to in Article 7 (1) (b), to make the reasons for its jurisdiction subject to the fact that the act is also punishable under the legislation of the country, in which the act was committed (double criminality).

In accordance with Article 10 (2) (a), (b) and (c), Denmark shall not be bound by Article 10 (1) in the cases referred to in Article 10 (2) (a), (b) and (c). With regard to the acts referred to in Article 10 (2) (b), the Declaration shall include offences under Chapter 12 of the Criminal Code (offences against the sovereignty and security of the State), Chapter 13 (Crime offences against the Constitution). and the highest levels of government), Chapter 14 (Crime offences against public violence) and offences that can be treated as equivalent to those. Denmark understands Article 10 (2) (b) in the sense that, inter alia, the acts described in Section 8 (1) of the Penal Code are covered. In addition, Denmark sets out Article 10 in the sense that it concerns only the possibility of imposing penalties, but not the possibility of recognising rights.

In accordance with Article 12 (4), Denmark accepts that the courts in Denmark have a question relating to the interpretation of Articles 1 to 4 and 12 to 16, which has been raised in a legal dispute before them, to the Member or official of Community institutions or bodies established in accordance with the Treaties establishing the European Communities who have acted in the performance of their duties may submit a preliminary ruling to the Court of Justice if they are to: Decision to adopt their judgment is considered necessary.

In accordance with Article 13 (4), Denmark states that the Agreement shall apply to Denmark from the first day of the month following the date of deposit 90 days after the date of deposit, in relation to States which have adopted a corresponding declaration. .

Germany 3 :

On Article 10:

In accordance with Article 10 (2) (a), the Federal Government declares that the Federal Republic of Germany is not bound by Article 10 (1) if the act on which the foreign judgment was based, in whole or in part, in its territory if the act was not carried out in part in the territory of the Member State in which the judgment was delivered.

On Article 12:

In accordance with Article 12 (4), the Federal Government declares that the Federal Republic of Germany recognises decisions of the Court of Justice of the European Communities. A national court whose decisions may no longer be challenged by means of appeal under national law has referred questions to the Court of Justice of the European Communities for a preliminary ruling in accordance with Article 12 (3), if it deems it necessary to adopt its decision.

On Article 13:

The Federal Government declares, in accordance with Article 13 (4), that the Convention for the Federal Republic of Germany shall, in respect of the Member States which have made a declaration of the same content, from the first day of the month to a period of time to 90 days after the date of deposit of the declaration, it shall apply.

Greece 1 :

The jurisdiction of the offence of bribery is with the Greek courts if one of the cases referred to in Article 7 (1) of the Convention adopted by the aforementioned law is present. The provisions of the law shall also apply if the offence in question was committed by a Greek national abroad, even if it is not punishable under the law of the State in which it was committed.

In accordance with Article 10 (2) and Article 15 (1) of the Convention, Greece shall not be bound by Article 10 (2) (b) and (c) of this Convention by Article 10 (1) of this Convention.

In accordance with Article 12 (4) of the Convention, Greece accepts the jurisdiction of the Court of Justice of the European Communities, which is governed by this Article, for reference for a preliminary ruling made by its courts.

Estonia:

The Republic of Estonia declares that, in accordance with Article 12 (4) of the Convention, an Estonian court is to the European Court of Justice a question relating to the interpretation of the Convention, which has been raised in a dispute before it, may be referred for a preliminary ruling if it considers that this decision is necessary to adopt its judgment.

Finland 4 :

Finland shall apply the provisions of Article 7 (1) (b) of the Convention to its nationals in accordance with Chapter 1 (11) of the Criminal Code only if the offence is punishable also by law applicable in the place of the offence. and could have been punished before a court of that other state. The offence can therefore not be punished harsher in Finland than is possible in accordance with the laws in force at the place of the offence.

2. Finland shall not apply the provisions of Article 7 (1) (c) and (d) of the Convention.

Article 10 (1) of the Convention does not bind Finland in the cases referred to in Article 10 (2) (a) to (c).

Finland declares that, in accordance with Article 12 (3) of the Convention, each Finnish court may refer the questions referred to in that Article to the European Court of Justice for a preliminary ruling.

France 2 :

1. Declaration in application of Article 12 (4):

In accordance with the declaration made by France on 14 March 2000 in application of Article 35 of the Treaty on European Union, the French Republic declares that it is the competent authority of the Court of Justice of the European Communities for an issue relating to the interpretation of Articles 1 to 4 and 12 to 16 of the Convention by means of a preliminary ruling under the conditions laid down in Article 12 (3).

Declaration in application of Article 7 (2):

With regard to the cases in which the offences referred to in Articles 2, 3 and 4 of this Convention are committed outside the territory of the French Republic, France shall declare, in accordance with Article 6 (2), that the criminal prosecution of these offences in connection with the persons referred to in Article 7 (1) (b), (c) and (d), may be made only at the request of the Public Prosecutor's Office. Prosecution may only be carried out on prior action by the victim or his legal successor, or an official ad by the authority of the country in which the offence has been committed.

Italy:

Italy will take part in the provisions on jurisdiction in Article 7 (1) (a) and (d) of the Convention on the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union , the provisions of points (b) and (c), on the other hand, will be applied under the circumstances currently referred to in Articles 7, 9 and 10 of the Italian Penal Code.

In the cases referred to in Article 10 (2) (a), (b) and (c), Italy shall not be bound by Article 10 (1).

Italy, within the meaning of Article 13 (4), shall apply the Convention, with the exception of Article 12, in its relations with the Member States which have made the same declaration.

Lithuania:

The Seimas of the Republic of Lithuania declares, in accordance with Article 7 (2) of the Convention, that the Republic of Lithuania does not apply the rules on jurisdiction provided for in Article 7 (1) (c) and (d) of the Convention. The Seimas of the Republic of Lithuania declares, in accordance with Article 12 (4) of the Convention, that the Republic of Lithuania recognizes the jurisdiction of the International Court of Justice in accordance with Article 12 (3) of the Convention.

Luxembourg:

Pursuant to Article 7 (2) of the Convention, signed at Brussels on 26 May 1997, on the basis of Article K.3 of the Treaty on European Union, on the fight against corruption, to officials of the European Communities or to officials of the European Communities, Member States of the European Union, the Government of the Grand Duchy of Luxembourg shall declare that, except in the cases referred to in Article 7 (1) (a) of the Convention, they shall be those referred to in Article 7 (1) (b), (c) and (d) shall apply only if the offender is the Luxembourg-based Nationality.

Pursuant to Article 12 (4) of the Convention, signed at Brussels on 26 May 1997, on the basis of Article K.3 of the Treaty on European Union, on the fight against corruption, to officials of the European Communities or to officials of the European Communities, Member States of the European Union, the Government of the Grand Duchy of Luxembourg declares that it recognises the jurisdiction of the Court of Justice of the European Communities in accordance with the provisions of Article 12 (3) of the Convention.

Netherlands 1 :

Reservation on Article 7:

The Netherlands Government declares that the Netherlands may exercise jurisdiction in the following cases with regard to Article 7 (1):

point (a):

in the case of an offence which has been committed in whole or in part in the territory of the Netherlands;

Point (b):

in the case of a criminal offence referred to in Article 2, if they are Dutch officials, and, furthermore, if they are Dutch nationals who are not officials, to the extent that the act is in accordance with the legislation of the country in which they are , has been punished;

in the case of offences referred to in Articles 3 and 4, in the case of Dutch nationals and Dutch officials, to the extent that the act is punishable under the legislation of the country in which it was committed;

Point (c):

in the case of Dutch nationals, to the extent that the act is punishable under the legislation of the country in which it was committed;

Point (d):

in the case of staff members of an institution of the European Communities established in the Netherlands or a body established in accordance with the Treaties establishing the European Communities and having its head office in the Netherlands, to the extent that: Act in accordance with the legislation of the country in which it was committed.

Portugal: 1 :

In accordance with Article 7 (2) of the Convention, Portugal shall declare:

(a) If the offender is a Portuguese national who, however, is not a national civil servant, Portugal shall apply the provision of the jurisdiction referred to in Article 7 (1) (b) of the Convention only if:

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the offender is in Portugal;

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the offence committed shall also be punished in accordance with the law applicable at the crime scene, unless jurisdiction is not exercised in that place in respect of sanctions;

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is, moreover, an extraditable offence and the extradition cannot be granted.

(b) Portugal shall not apply the provision on the jurisdiction referred to in Article 7 (1) (c) of the Convention.

With regard to Article 12 (4), Portugal states that it recognises the jurisdiction of the Court of Justice for a preliminary ruling on the interpretation of the Convention in accordance with Article 12 (3) of the Convention.

In the context of Article 13 (4) of the Convention, Portugal states that it applies the Convention in its relations with the other Member States which have made the same declaration.

Sweden 4 :

Explanations:

In accordance with Article 7 (2):

(a) that Sweden does not intend to exercise its jurisdiction in cases where the offence has been committed against a Community official in accordance with Article 1 or a member of the bodies referred to in Article 4 (1), which shall: Swedish citizenship (Article 7 (1) (c)); and

(b) that Sweden does not intend to exercise its jurisdiction in cases where the offender is a Community official of an institution or body having its registered office in Sweden (Article 7 (1) (d));

in accordance with Article 10 (2):

that Sweden may pursue a person who has been convicted in another Member State of the European Union for the same act, provided that:

(a) is wholly or partly committed on Swedish territory (Article 10 (2) (a)); or

(b) has been directed against the security or other equally essential interests of Sweden (Article 10 (2) (b));

pursuant to Article 12 (4) and (5):

the Swedish courts have been given the opportunity to refer a preliminary ruling to the Court of Justice of the European Communities on the interpretation of the Convention. This option will not be restricted to courts that decide at last instance.

in accordance with Article 13 (4): the Convention shall apply in Sweden's relations with the other Member States which have made the same declaration before it enters into force.

Spain 4 :

Reservation:

Spain, in accordance with Article 15 in conjunction with Article 10 (2), declares that, in the cases referred to in points (a), (b) and (c), it shall not be bound by paragraph 1 of the latter Article.

Explanation:

Spain declares, in accordance with Article 15, in conjunction with Article 12 (4) and (5), that it recognises the jurisdiction of the Court of Justice for matters relating to it by the Spanish courts, whose decisions are no longer contested by appeal. may be referred for a preliminary ruling.

Hungary:

The Republic of Hungary declares, in accordance with Article 7 (2) of the Convention, that it will not apply the provision on jurisdiction laid down in Article 7 (1) (c).

The Republic of Hungary declares, in accordance with Article 10 (2) of the Convention, that it is not bound by Article 10 (1) if the act on which the foreign judgment was based an act against the security or other essential interests of the Republic of Hungary is a criminal offence (Article 10 (2) (b)).

The Republic of Hungary declares, in accordance with Article 10 (2) of the Convention, that it is not bound by Article 10 (1) if the act on which the foreign judgment was based was carried out by an office-holder of the Republic of Hungary in violation of its Official duties were committed (Article 10 (2) (c)).

The Republic of Hungary recognises the jurisdiction of the Court of Justice of the European Communities in accordance with Article 35 (3) (b) of the Treaty on European Union.

United Kingdom 4 :

Reservation that the United Kingdom does not apply the provisions referred to in Article 7 (1) (b), (c) and (d).

Cyprus:

In accordance with Article 12 (4) of the Convention, the Republic of Cyprus declares that it recognises the jurisdiction of the European Court of Justice provided for in Article 12 (3) of the Convention.

The following other countries have deposited their accession documents after 28 September 2005:

States:

Date of deposit of the instrument of accession:

Bulgaria

8. November 2007

Romania

8. November 2007

Czech Republic

17 October 2013

On the occasion of the deposit of their instrument of accession, the following states have expressed reservations or reservations. Statements made:

Bulgaria:

The Republic of Bulgaria declares that it is the competent authority of the Court of Justice of the European Communities for preliminary rulings pursuant to Article 12 (3) of the Convention of 26 May 1997 on the basis of Article K.3 (2) (c) of the Treaty on the European Union on the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union. The Supreme Court of Cassation of the Republic of Bulgaria is responsible for the submission of preliminary rulings to the Court of Justice of the European Communities.

Czech Republic:

In accordance with Article 7 (2) of the Convention of 26 May 1997 on the basis of Article K.3 (2) (c) of the Treaty on European Union, on the fight against corruption, to officials of the European Communities or to Member States of the European Union, the Czech Republic declares that it will apply the jurisdiction under Article 7 (1) (c) of the said Convention if the offence is considered to be punishable at the place where it is committed or where the place of the offence is of their observance shall not be subject to criminal jurisdiction, and shall be subject to the jurisdiction of Article 7 (1) (d) of the said Convention for the pursuit of the offences defined in this Convention shall not apply.

In accordance with Article 12 (4) of the Convention of 26 May 1997 on the basis of Article K.3 (2) (c) of the Treaty on European Union, on the fight against corruption, to officials of the European Communities or to Member States of the European Union, the Czech Republic declares that it recognises the jurisdiction of the Court of Justice of the European Union under the conditions laid down in Article 12 (3). The Czech Republic reserves the right to provide, in its national law, a provision according to which a national court whose decision itself can no longer be challenged by means of appeal under national law, is entitled to is obliged to refer the matter to the Court of Justice of the European Union if a question relating to the interpretation of the Convention on the fight against corruption involving officials of the European Communities or the Member States of the Member States of the European Union is to be considered The European Union is involved in a floating process.

According to a further note by the Secretary-General of the Council of the European Union, the Netherlands 1 with effect from 10. The Council extended the scope of the Convention to the Caribbean part of the Netherlands (Bonaire, Sint Eustatius and Saba Islands) in October 2010 and declared the following reservation on the occasion of the following:

The Netherlands Government declares for the Caribbean part of the Netherlands (Bonaire, Sint Eustatius and Saba Islands) that, with regard to Article 7 (1), jurisdiction may be exercised by the Netherlands in the following cases:

(a) if the offence has been committed in whole or in part in the territory of the Caribbean part of the Netherlands;

(b) in the case of an offence referred to in Article 2, if they are Dutch officials, and, furthermore, if they are Dutch nationals who are not officials, to the extent that the act is in accordance with the legislation of the country in which they are , has been punished;

in the case of offences referred to in Articles 3 and 4, in the case of Dutch nationals or Dutch officials, to the extent that the act is punishable under the legislation of the country in which it was committed;

(c) if they are Dutch nationals, to the extent that the act is punishable under the legislation of the country in which it was committed;

Ostermayer