Scope Of The Convention On The Basis Of Article K.3. 3 Of The Treaty On European Union, On The Protection Of The Financial Interests Of The European Communities; The Protocol...

Original Language Title: Geltungsbereich des Übereinkommens auf Grund von Artikel K.3 des Vertrags über die Europäische Union über den Schutz der finanziellen Interessen der Europäischen Gemeinschaften; des Protokolls au...

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997737/geltungsbereich-des-bereinkommens-auf-grund-von-artikel-k.3-des-vertrags-ber-die-europische-union-ber-den-schutz-der-finanziellen-interessen-der-europ.html

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22 announcement of the Federal Chancellor concerning the scope of the Convention on the basis of Article K.3. 3 of the Treaty on European Union, on the protection of the financial interests of the European communities; the Protocol on the basis of Article K.3. 3 of the Treaty on the European Union to the Convention on the protection of the financial interests of the European communities and of the Protocol on the basis of Article K.3. 3 of the Treaty on European Union regarding the interpretation of the Convention on the protection of the financial interests of the European communities in preliminary of rulings

After release of the Secretary-General of the Council of the European Union, following more States have their instruments of accession to the Convention on the basis of Article K.3. 3 of the Treaty on European Union, on the protection of the financial interests of the European communities; to the Protocol on the basis of Article K.3. 3 of the Treaty on the European Union to the Convention on the protection of the European Communities financial interests and the Protocol on the basis of Article K.3. 3 of the Treaty on European Union regarding the interpretation of the Convention on the protection of the financial interests of the European communities in preliminary of rulings (BGBl. III No. 267/2002) deposited :

 



States:



Date of deposit of the instrument of accession to the Convention:



Date of deposit of the instrument of accession to the Protocol:



Date of deposit of the instrument of accession to the Protocol on the interpretation of the Convention:



Bulgaria



December 6, 2007



December 6, 2007



December 6, 2007



Estonia



February 3, 2005



February 3, 2005



Latvia



August 31, 2004



August 31, 2004



August 31, 2004



Lithuania



May 28, 2004



May 28, 2004



May 28, 2004



Malta



February 3, 2011



February 3, 2011



February 3, 2011



Poland



September 9, 2008



September 9, 2008



September 9, 2008



Romania



December 6, 2007



December 6, 2007



December 6, 2007



Slovakia



September 30, 2004



September 30, 2004



September 30, 2004



Slovenia



April 17, 2007



April 17, 2007



April 17, 2007



Hungary



January 18, 2010



January 18, 2010



January 18, 2010



Cyprus



March 31, 2005



March 31, 2005



March 31, 2005, on the occasion of the deposit of their instruments of accession following States have declared following reservations or made declarations:

TO THE CONVENTION:

Bulgaria:

In relation to article 8, paragraph 1 of the Convention explains the Republic of Bulgaria consent refer disputes between Member States regarding the interpretation and application of the Convention to the Court of Justice of the European communities.

Slovakia:

The Slovak Republic declares that it para. 2 of the Convention is not bound by article 7, if the Act underlying the foreign judgment-oriented crime represents one against the security or other equally essential interests of the Slovak Republic.

Slovenia:

In relation to article 7 paragraph 1 of the Convention on the basis of Article K.3. 3 of the Treaty on European Union, on the protection of the financial interests of the European communities declared the Republic of Slovenia, that they in the article 7 para 2 lit. b of the agreement cited cases by article 7 para 1 is not bound.

 

TO THE PROTOCOL:

Lithuania:

And considering the Parliament declared article 2 of the Republic of Lithuania in accordance with paragraph 1 of the Protocol adopted on 29 November 1996, that the Republic of Lithuania the jurisdiction of the Court of Justice of the European communities by way of a preliminary ruling on the interpretation of the Convention and of the Protocol of 27 September 1996 in accordance with article 2 paragraph 2 in lit. recognise b specified conditions.

And considering the Parliament of the Republic of Lithuania, in accordance with article 6 paragraph 2 of the Protocol adopted on 27th September 1996 explains that the Republic of Lithuania that in article 6 par. 1 lit. c of this Protocol jurisdiction rules provided for not applying.

Poland:

The Republic of Poland declares that if a criminal offence outside the territory of a civil servant of the community, who is a foreigner, has been committed, they that in article 6 par. 1 lit. d jurisdiction rules, only then will apply, if the official is in their territory and provided that not his extradition was decided.

Slovakia:

The Slovak Republic declares that it the determination of jurisdiction according to article 6 par. 1 lit. c of the Protocol do not apply.

 

TO THE PROTOCOL ON THE INTERPRETATION OF THE CONVENTION:

Bulgaria:

In relation to article 2 of the Protocol of 29 November 1996, the Republic of Bulgaria, explains that they the jurisdiction of the Court of Justice of the European communities with regard to the Convention of 26 July 1995 on the basis of Article K.3. 3 of the Treaty on European Union, on the protection of the financial interests of the European communities in accordance with the article 2 para 2 lit. accepts a specified procedure.

Latvia:

The Republic of Latvia declared lit in accordance with article 2 paragraph 2. of the Protocol on the basis of Article K.3. 3 of the Treaty on European Union regarding the interpretation of the Convention on the protection of the financial interests of the European communities the Court of Justice of the European communities in preliminary of rulings, the explanation to the simultaneous adoption of the Convention on the protection of the financial interests of the European communities and of the Protocol on the interpretation of this Convention by the Court of Justice of the European communities by way of a preliminary ruling and the Declaration referred to in article 2 , that each court of the Republic of Latvia, rendering decisions can be appealed no judicial remedy under national law, the the Court of Justice of the European communities, can submit a question which arises in a case pending with him and which relates to the interpretation of the Convention on the protection of the financial interests of the European communities and of the first Protocol to this Convention, for a preliminary ruling , if it considers that a decision to his judgment necessary.

Lithuania:

And considering the Parliament declared article 2 of the Republic of Lithuania in accordance with paragraph 1 of the Protocol adopted on 29 November 1996, that the Republic of Lithuania the jurisdiction of the Court of Justice of the European communities by way of a preliminary ruling on the interpretation of the Convention and of the Protocol of 27 September 1996 in accordance with article 2 paragraph 2 in lit. recognise b specified conditions.

Slovakia:

The Slovak Republic declares that it the jurisdiction of the Court of Justice of the European communities for the interpretation of the Convention on the protection of the financial interests of the European communities and of the Protocol to this agreement by way of a preliminary ruling pursuant to article 2 paragraph 2 lit. of the Protocol on the interpretation of the Convention on the protection of the financial interests of the European communities by the Court of Justice of the European communities by way of a preliminary ruling acknowledges.

Slovenia:

In accordance with article 2 paragraph 1 of the Protocol on the basis of Article K.3. 3 of the Treaty on European Union regarding the interpretation of the Convention on the protection of the financial interests of the European communities by the Court of Justice of the European communities in the paths of Justice declares the Republic of Slovenia that it is the jurisdiction of the Court of Justice of the European communities in accordance with article 2 para 2 lit. b of the Protocol acknowledges.

Hungary:

In accordance with article 2, paragraph 2 lit. b of the Protocol of 29 November 1996 the Republic of Hungary recognizes the jurisdiction of the Court of Justice of the European communities about the interpretation of the Convention on the basis of Article K.3. 3 of the Treaty on the European Union to decide if a Court of the Republic of Hungary has a the Court of Justice of the European communities on the protection of the financial interests of the European communities and of the Protocol to this agreement by way of a preliminary ruling question , which with him in a pending turns and the on the interpretation of the Convention on the basis of Article K.3. 3 of the Treaty on European Union, on the protection of the financial interests of the European communities and of the Protocol to this Convention applies, shall submit to the ruling.

 

The European Union according to the Niederlande1 have made following statements further releases of the Secretary-General of the Council or reservations with regard to the further application on the Caribbean part of the Netherlands says:

TO THE CONVENTION:

The Dutch Government declared the Caribbean part of the Netherlands (Bonaire, Sint Eustatius and Saba Islands) that in relation to article 6 par. 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 under article 2 if it's 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;

As regards the Caribbean part of the Netherlands, includes the jurisdiction of the Court of Justice for a decision by way of a preliminary ruling on the basis of the log created on 29 November 1996 in Brussels created Convention not only that on July 26, 1995, in Brussels, but also extends to that on September 27, 1996 in Dublin created log.

 

TO THE PROTOCOL:

As regards the Caribbean part of the Netherlands does not include the jurisdiction of the Court of Justice for a decision by way of a preliminary ruling on the basis of the log created on 29 November 1996 in Brussels only that on July 26, 1995 in Brussels created conventions, but also extends to that on September 27, 1996 in Dublin created log.

 

TO THE PROTOCOL ON THE INTERPRETATION OF THE CONVENTION:

The Government of the Kingdom of the Netherlands reserves the right, to provide a provision in national law, according to which a court rendering decisions can be appealed no 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 the protection of the financial interests of the European communities or of the first Protocol to this Convention in a case pending.

The Government of the Kingdom of the Netherlands declares, that they the jurisdiction of the Court of Justice of the European communities in accordance with article 2 paragraph 2 laid down procedure accepted:-the above proviso and the above declaration will be confirmed for the Caribbean part of the Netherlands (the islands of Bonaire, Saba, and Sint Eustatus).

The reservation and the statement remain valid for the European part of the Netherlands.

Faymann