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...

Read the untranslated law here: https://www.global-regulation.com/law/austria/2995567/inkrafttreten-des-bereinkommens-auf-grund-von-artikel-k.3-absatz-2-buchstabe-c-des-vertrags-ber-die-europische-union-ber-die-bekmpfung-der-bestechung%25.html

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49. public announcement of the Federal Minister for arts and culture, constitutional and civil service concerning the entry into force of the Convention on the basis of Article K.3. 3 paragraph 2 of the Treaty on European Union on the fight against of the bribery involved in the civil servants of the European communities or of Member States of the European Union are

After notification of the Secretary-General of the Council of the European Union, the Convention on the basis of Article K is. 3 paragraph 2 of the Treaty on European Union on the fight against of the bribery involved in the civil servants of the European communities or of Member States of the European Union are (BGBl. III No. 38/2000, last proclamation of the scope BGBl. III No. 1 / 2004) in accordance with its article 13 paragraph 3 with 28 September 2005 entered into force.

EXPLANATIONS OF THE REPUBLIC OF AUSTRIA

1. in accordance with article 7 paragraph 2:

The Republic of Austria declares in accordance with article 7 paragraph 2 of the Convention, by article 7 paragraph 1 point (b) of the Convention with regard to acts of their own nationals to be bound only if the fact in the country is punishable by law, in which it was committed.

2. in accordance with article 10 paragraph 2:

The Republic of Austria declares in accordance with article 10 paragraph 2 of the Convention, to be bound in the following cases by article 10 paragraph 1 of the Convention: a) if the crime which underlay the judgment was committed wholly or in part in its territory. In the latter case this exception does not apply however if this crime was committed partly within the territory of the Member State in which the judgment has been obtained;

(b) if the Act underlying the foreign judgment has fulfilled one of the following criminal offences:-spotting a commercial or operational secrecy in favor of foreign (§ 124 of the Criminal Code);

-High treason and preparation of high treason (sections 242 and 244 of the Criminal Code);

-Torcidas connections (section 246 of the Criminal Code);

-Degradation of the State and its symbols (article 248 of the Criminal Code);

-Attacks on Supreme State bodies (sections 249 to 251 of the Criminal Code);

-Treason (sections 252 and 258 of the Criminal Code);

-Offences against the armed forces (§§ 259 and 260 of the Criminal Code);

-Criminal offences, the someone against an Austrian Officer (§ 74 no. 4 StGB) during or because of the execution of his duties commits;

-Offences under the Trade Act; and - crime after the war materials law;

(c) if the Act underlying the foreign judgment by an Austrian official (§ 74 no. 4 CP) was committed in breach of his official duties.

3. in accordance with article 12 paragraph 4: a) the Republic of Austria recognises the competence of the Court of Justice of the European communities pursuant to article 12 paragraph 3 of the Convention.

b) the Republic of Austria reserves the right to provide a provision in its national law, according to which a national court, rendering decisions no longer can be appealed judicial remedy under national law, is obliged to call the Court of Justice of the European communities, when a question relating to the interpretation of the Convention on combating bribery of officials of the European communities or of Member States of the European Union involved are that occurs in a case pending.

4. in accordance with article 13 paragraph 4:

The Republic of Austria declares that the Convention with the exception of article 12 for them in their relations with the Member States shall apply that same declaration.

 

In addition to Austria, following more States have notified the adoption of the Convention or acceded to this:

Belgien1, Dänemark2 (excluding the Faroe Islands and Greenland), Deutschland3, Estonia, Finnland4, Frankreich2, Griechenland1, Ireland, Italy, Latvia, Lithuania, Luxembourg, Niederlande1, Poland, Portugal1, Schweden4, Slovakia, Slovenia, Spanien4, Hungary, United kingdom4, Cyprus.

On the occasion of the deposit of their Notifikationsurkunde, the following States have declared reservations or made statements:

Dänemark2:

Denmark 7 reserves the right in accordance with article 2, the establishment of its jurisdiction in article 7 paragraph 1 letter of b first part cases referred to of depending on to make that action even after the legal provisions of the country is punishable by law in which the crime was committed (dual criminality).

In accordance with article 10 paragraph 2 a, b and c is Denmark in the article 10 paragraph 2 a, b and c referred cases by article 10 paragraph 1 uncommitted. In terms of article 10 paragraph 2 letter of b above acts includes the Declaration of offences referred to in Chapter 12 of the Penal Code (offences against the sovereignty and the security of the State), chapter 13 (offences against the Constitution and the highest State bodies), chapter 14 (offences against the public authorities) and offences which can be assimilated to them. Denmark understands article 10 paragraph 2 b in the sense, that of including the acts which are covered, number 1 of the Penal Code described in section 8 are letter. Denmark interprets article 10 also in the sense that it concerns only the possibility of penalties to impose, but not the ability to recognize rights.

In accordance with article 12 paragraph 4 Denmark accepts that the courts in Denmark is a interpretation of articles 1 to 4 and 12 to 16 question was raised in proceedings pending before them, are involved in the members or officials of Community institutions or bodies established under the treaties establishing the European communities, which have acted in the exercise of their Office , can submit the Court of Justice for a preliminary ruling, if they deem necessary this decision to issue its ruling.

In accordance with article 13, paragraph 4 Denmark explained that the Convention applies to Denmark from the first day of the month following a period of 90 days after the date of deposit, in relation to States, which have made a declaration.

Deutschland3: To article 10: the Federal Government explained paragraph 2 letter a, that the Federal Republic of Germany by article 10 paragraph 1 not is bound, when the Act underlying the foreign judgment was committed wholly or in part in its territory, if not the Act was partially committed within the territory of the Member State in which the judgment has been rendered in accordance with article 10.

Article 12: The Federal Government declared paragraph 4 Article 12, that the Federal Republic of Germany to recognize decisions of the Court of Justice of the European communities. A national court, rendering decisions be challenged no judicial remedy under national law, has the Court of Justice of the European communities for a preliminary ruling under article 12 to present paragraph 3 questions, if it considers that a decision to adopt its decision necessary.

Article 13: The Federal Government declared paragraph 4 referred to in article 13, that the agreement of the Federal Republic of Germany towards the Member States which have made a declaration of same content, will be applicable from the first day of the month following a period of 90 days after the date of deposit of the Declaration.

Griechenland1:

The jurisdiction for offences of bribery is the Greek courts, if one of the cases is given under article 7 paragraph 1 of the Convention adopted by the aforementioned Act. The provisions of the Act shall also apply if the relevant offence was committed by a Greek nationals abroad even if it is not punishable under the law of the State where it was committed.

In accordance with article 10 paragraph 2 and article 15 paragraph 1 of the Convention is Greece in the cases referred to in article 10 paragraph 2 letters b and c to this agreement through its article 10 paragraph 1 not bound.

In accordance with article 12, paragraph 4 of the Convention accepted the jurisdiction of the Court of Justice of the European communities for references for preliminary rulings provided by its courts this article Greece.

Estonia:

The Republic of Estonia told that an Estonian court in accordance with article 12 paragraph 4 of the Convention the European Court of justice the interpretation of the Convention question was raised in proceedings pending before him, may submit to the ruling if it considers that this decision to the date of his judgment is necessary.

Finnland4:

1. Finland applies the provisions of article 7 paragraph 1 point (b) of the Convention on its nationals in accordance with Chapter 1, section 11 of the Penal Code only indicates if the offence also under the laws in force in the place of the offence is punishable by law and also before a Court of the other State a sentence would have can be imposed. The offence is not harder punishable in Finland as according to the laws in force in the place of the offence possible.

2. Finland applies the provisions of article 7 paragraph 1 letter c and d of the Convention not to.

3. Article 10 paragraph 1 of the Convention binds in the Finland article 10 paragraph 2 letter of a cases to (c) do not.


4. Finland stated that in accordance with article 12 paragraph 3 of the Convention each Finnish Court the European Court of justice the questions for a preliminary ruling referred to in that article may submit.

Frankreich2:

1. Declaration in accordance with article 12 paragraph 4:

According to the statement, issued by France on March 14, 2000, in accordance with article 35 of the Treaty on European Union, the French Republic, explains that the jurisdiction of the Court of Justice of the European communities for the interpretation of articles 1 to 4 and 12 to 16 of the Convention question by way of a preliminary ruling after they recognised in accordance with article 12 paragraph 3.

2. Declaration in accordance with article 7 paragraph 2:

With regard to the cases in which committed the offences referred to in articles 2, 3 and 4 of this Convention, outside the territory of the French Republic, France declared paragraph 2 referred to in article 6, that the prosecution of these offences in connection with article 7 paragraph 1, can be letters b, c and d referred people only at the request of the public prosecutor's Office. Law enforcement can be only on previous complaint of the victim or his successor in title or an official report by the authority of the country where the offence has been committed.

Italy:

Italy will apply the rules on jurisdiction in article 7 paragraph 1 are combating bribery of officials of the European communities or of Member States of the European Union involved in letters a and d of the Convention, without reservation; It will apply currently the provisions of the letters b and c on the other hand among the in circumstances referred to in articles 7, 9 and 10 of the Italian Penal Code.

Italy is in the article 10, paragraph 2 a, b and c referred cases not bound by article 10 paragraph 1.

Italy will apply the Convention with the exception of article 12 in its relations with the Member States paragraph 4 within the meaning of article 13, that same declaration.

Lithuania:

The Seimas of the Republic of Lithuania declares in accordance with article 7 paragraph 2 of the Convention, that the Republic of Lithuania the in article 7 paragraph 1 letter c and d of the Convention laid down rules to justice doesn't apply. The Seimas of the Republic of Lithuania declares in accordance with article 12 paragraph 4 of the Convention, that the Republic of Lithuania paragraph 3 of the Convention recognises the competence of the International Court of Justice pursuant to article 12.

Luxembourg:

1. According to article 7 paragraph 2 of the Convention, signed on 26 May 1997 in Brussels, on the basis of Article K.3. 3 of the Treaty on European Union, on the fight against the bribery of officials of the European communities or of Member States of the European Union are involved in, explains the Government of the Grand Duchy of Luxembourg, that except in the article 7 paragraph 1 letter a of the Convention cases mentioned in article 7 paragraph 1 letter b , c and d referred to provisions on jurisdiction applies only if the offender has the Luxembourgish nationality.

2. pursuant to article 12 paragraph 4 of the Convention, signed on 26 May 1997 in Brussels, on the basis of Article K.3. 3 of the Treaty on European Union, on the fight against the bribery of officials of the European communities or of Member States of the European Union are involved in, explains the Government of the Grand Duchy of Luxembourg, that paragraph 3 of the Convention acknowledges the competence of the Court of Justice of the European communities in accordance with article 12.

Niederlande1:

Reservation in respect of article 7:

The Dutch Government declared that the Netherlands in relation to article 7 paragraph 1 in the following cases may exercise the jurisdiction:

Letter a:

in the case of a crime which was committed wholly or partly in the territory of the Netherlands.

Letter b:

in the case of an offence referred to in article 2, when dealing with Dutch officials, and also if it is Dutch nationals, that no officials, are, as far as the action under the legislation of the country in which it was committed is punishable;

in the case of offences referred to in articles 3 and 4, if it is to Dutch nationals and Dutch officials, as far as the action under the legislation of the country in which it was committed is punishable by law;

Letter c:

If Dutch nationals is, as far as the plot is made punishable under the legislation of the country in which it was committed;

Letter d:

when officials of an institution of the European communities established in the Netherlands or of bodies set up pursuant to the treaties establishing the European communities based in the Netherlands is, as far as the plot is made punishable under the legislation of the country in which it was committed.

Portugal1:

In accordance with article 7, paragraph 2, of the Convention declares that Portugal:

(a) if the offender to a Portuguese national who is not a national official, however as Portugal the determination of jurisdiction applies point (b) of the Convention only paragraph 1 referred to in article 7, if - if the offender is in Portugal;

-the committed offence punishable also under the laws at the crime scene is exercised no jurisdiction in relation to sanctions unless it is in this place;

-the fact is also an extraditable offense and the delivery does not take place can be given.

b) Portugal applies the provision relating to the jurisdiction referred to in article 7 paragraph 1 letter c of the Convention not to.

Article 12, paragraph 4 Portugal explained that it recognises the competence of the Court of Justice for a preliminary ruling concerning the interpretation of the Convention in accordance with article 12 paragraph 3 of the Convention.

In the context of article 13, paragraph 4 of the Convention Portugal explained that applying the Convention in its relations with the other Member States which have made the same declaration.

Schweden4:

Explanations:

In accordance with article 7 paragraph 2:

(a) that Sweden does not intend to exercise its jurisdiction in the cases, where is the offence of paragraph 1 listed facilities has set against an officer of the Community referred to in article 1 or a member in article 4, which has Swedish citizenship (article 7 paragraph 1 letter c); and

b) that Sweden does not intend to exercise its jurisdiction in cases where the perpetrator of community official of the organ or body is, which is headquartered in Sweden (article 7 paragraph 1 letter d);

in accordance with article 10 paragraph 2:

that Sweden can pursue someone who is convicted in another Member State of the European Union for same offence, provided that this

(a) wholly or partly on Swedish territory was committed (article 10 paragraph 2 letter a) or

(b) against the security or other equally essential interests of Sweden was (article 10 paragraph 2 point (b));

in accordance with article 12, paragraphs 4 and 5:

that the Swedish courts have the possibility to request the Court of Justice of the European communities for a preliminary ruling concerning the interpretation of the Convention. This possibility will not decide limited, final analysis on dishes.

pursuant to article 13 paragraph 4: the Convention is - even before it enters into force - in Sweden's relations with the other Member States which have issued the same statement.

Spanien4:

Reservation of rights:

Spain explains 10 pursuant to article 15 in conjunction with article 2, that it is bound in the cases referred to by the letters a, b, and c not by paragraph 1 of the latter article.

Definition:

Spain declared pursuant to article 15 in conjunction with article 12, paragraphs 4 and 5 that it recognizes the competence of the Court for questions presented this by the Spanish courts, whose Entscheidungen itself no longer can be challenged through legal means, for a preliminary ruling.

Hungary:

The Republic of Hungary declares in accordance with article 7 paragraph 2 of the Convention, that it the article 7 paragraph 1 point c defined provision on jurisdiction not will apply.

The Republic of Hungary declared in accordance with article 10 paragraph 2 of the Convention, paragraph 1 being not bound by article 10, if the fact that underlying the foreign judgment, a against the security or other essential interests of the Republic of Hungary facing offence (article 10 paragraph 2 point (b)).

The Republic of Hungary declares in accordance with article 10 paragraph 2 of the Convention, by article 10 paragraph 1 not being, if the crime which underlay the foreign judgment, was committed by a public officials of the Republic of Hungary in breach of his official duties (article 10 paragraph 2 letter c).

The Republic of Hungary recognizes the jurisdiction of the European Court of Justice under article 35 paragraph 3 letter b of the Treaty on the European Union's.

United kingdom4:

Proviso that the United Kingdom the provisions referred to in article 7 paragraph 1 letter b, c, and d are not applying.

Cyprus:

Pursuant to article 12 paragraph 4 of the Convention, the Republic of Cyprus said that paragraph 3 of the Convention provided for jurisdiction of the European Court of Justice recognizing that in article 12.


 

The following additional States have deposited their instruments of accession after September 28, 2005:

 



States:



Date of deposit of the instrument of accession:



Bulgaria



November 8, 2007



Romania



November 8, 2007



Czech Republic



17 October 2013 on the occasion of the deposit of its instrument of accession the following States expressed reservations or declarations:

Bulgaria:

The Republic of Bulgaria declares that it the jurisdiction of the Court of Justice of the European communities for a preliminary ruling pursuant to article 12 paragraph 3 of the Convention of 26 May 1997 on the basis of Article K.3. 3 paragraph 2 of the Treaty on European Union on the fight against of the bribery of officials of the European communities or of Member States of the European Union are involved in, acknowledges. 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 paragraph 2 of the Convention of 26 May 1997 on the basis of Article K.3. 3 paragraph 2 letter c of the Treaty on European Union, on the fight against of the bribery of officials of the European communities or of Member States of the European Union are involved in the Czech Republic, explained that they the jurisdiction will apply according to article 7 paragraph 1 letter c of the Convention , if the offence is punishable as to the place of their ascent or the place of committed fall under no criminal jurisdiction, and that they jurisdiction paragraph 1 letter d of the Convention to the offences defined in this Convention does not apply pursuant to article 7.

In accordance with article 12 paragraph 4 of the Convention of 26 May 1997 on the basis of Article K.3. 3 paragraph 2 letter c of the Treaty on European Union, on the fight against of the bribery of officials of the European communities or of Member States of the European Union are involved in the Czech Republic, explained that they the jurisdiction of the Court of Justice of the European Union under the article 12 paragraph 3 recognises conditions set. The Czech Republic reserves the right in its domestic law to provide a provision according to which a national court, whose ruling itself is no longer judicial remedy under national law may be contested, is obliged to call the Court of Justice of the European Union, if a question relating to the interpretation of the Convention on combating bribery of officials of the European communities or of Member States of the European Union involved are that occurs in a case pending.

 

A further communication from the Secretary-General of the Council of the European Union according to the Niederlande1 effective from October 10, 2010 have the scope of the Convention to the Caribbean part of the Netherlands (Bonaire, Sint Eustatius and Saba Islands) expanded and explained on the occasion of the following reservation:

The Dutch Government declared the Caribbean part of the Netherlands (Bonaire, Sint Eustatius and Saba Islands), that in relation to article 7 paragraph 1 the jurisdiction in the following cases may be exercised by the Netherlands:

a) if the offence wholly or partly in the territory of the Caribbean part of the Netherlands was committed;

(b) in the case of an offence referred to in article 2, when dealing with Dutch officials, and also if it is Dutch nationals, that no officials, are, as far as the action under the legislation of the country in which it was committed is punishable by law;

in the case of offences referred to in articles 3 and 4, if it is to Dutch nationals or Dutch officials, as far as the action under the legislation of the country in which it was committed is punishable by law;

c) if it is Dutch nationals as far as the plot is made punishable under the legislation of the country in which it was committed;

Ostermayer