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...

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22. Reaction of the Federal Chancellor concerning the scope of the Convention pursuant to Article K.3 of the Treaty on European Union on the protection of the financial interests of the European Communities; the Protocol on the basis of of Article K.3 of the Treaty on 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 of the Treaty on European Union concerning the European Union Interpretation of the Convention on the protection of the financial interests of the European Communities by means of preliminary rulings

According to the communications of the Secretary-General of the Council of the European Union, the following other States have their instruments of accession to the Convention on the basis of Article K.3 of the Treaty on European Union on the protection of financial interests of the European Communities; to the Protocol on the basis of Article K.3 of the Treaty on European Union, to the Convention on the Protection of the Financial Interests of the European Communities and to the Protocol on the basis of Article K.3 of the Treaty on European Union Treaty on the European Union on the interpretation of the Convention on the protection of the financial interests of the European Communities by means of preliminary rulings (BGBl). (III) No 267/2002):

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

6 December 2007

6 December 2007

6 December 2007

Estonia

3 February 2005

3 February 2005

Latvia

31 August 2004

31 August 2004

31 August 2004

Lithuania

28 May 2004

28 May 2004

28 May 2004

Malta

3 February 2011

3 February 2011

3 February 2011

Poland

9 September 2008

9 September 2008

9 September 2008

Romania

6 December 2007

6 December 2007

6 December 2007

Slovakia

30 September 2004

30 September 2004

30 September 2004

Slovenia

17 April 2007

17 April 2007

17 April 2007

Hungary

18. January 2010

18. January 2010

18. January 2010

Cyprus

31 March 2005

31 March 2005

31 March 2005

On the occasion of the deposit of their instruments of accession, the following states have declared the following reservations, or Statements made:

ON THE CONVENTION:

Bulgaria:

With regard to Article 8 (1) of the Convention, the Republic of Bulgaria declares its consent to the dispute between Member States on the interpretation and application of the Convention to the Court of Justice of the European Communities. .

Slovakia:

The Slovak Republic declares that it is not bound by Article 7 (2) of the Convention if the act on which the foreign judgment was based one against the security or other equally essential interests of the Slovak Republic Republic of the Republic of Germany.

Slovenia:

With regard to Article 7 (1) of the Convention on the basis of Article K.3 of the Treaty on European Union on the protection of the financial interests of the European Communities, the Republic of Slovenia declares that it is within the scope of Article 7 (2) (2) of the Convention. (b) the cases referred to in the Convention are not bound by Article 7 (1).

ABOUT THE PROTOCOL:

Lithuania:

And in view of this, the Parliament of the Republic of Lithuania declares, in accordance with Article 2 (1) of the Protocol adopted on 29 November 1996, that the Republic of Lithuania should have jurisdiction to the Court of Justice of the European Communities in the light of the Preliminary ruling on the interpretation of the Convention and of the Protocol of 27 September 1996 in accordance with the procedure laid down in Article 2 (2) in (lit). b specified conditions.

And in the light of this, the Parliament of the Republic of Lithuania declares, in accordance with Article 6 (2) of the Protocol adopted on 27 September 1996, that the Republic of Lithuania is the one set out in Article 6 (1) (1). (c) the provisions of this Protocol shall not apply.

Poland:

The Republic of Poland declares that if an offence has been committed outside its territory by an official of the Community who is a foreigner, it is the one in Art. 6 para. 1 lit. (d) the rules of jurisdiction shall be applied only if the official is located in their territory and provided that his extradition has not been decided.

Slovakia:

The Slovak Republic declares that it is the provision on jurisdiction under Article 6 (1) (1). The Protocol does not apply.

ON THE PROTOCOL ON THE INTERPRETATION OF THE CONVENTION:

Bulgaria:

With regard to Article 2 of the Protocol of 29 November 1996, the Republic of Bulgaria declares that it has 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 of the Treaty on the European Union on the protection of the financial interests of the European Communities in accordance with the procedure laid down in Article 2 (2) (2). a).

Latvia:

The Republic of Latvia declares in accordance with Art. 2 para. 2 lit. of the Protocol on the basis of Article K.3 of the Treaty on European Union concerning the interpretation by the Court of Justice of the European Communities of the Convention on the protection of the financial interests of the European Communities Communities by way of a preliminary ruling, the Declaration on 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 means of a preliminary ruling and of the Declaration in accordance with Article 2 that any court of the Republic of Latvia whose decisions are no longer able to be challenged by means of national law shall be subject to the Court of Justice of the European Communities a question which is in a pending procedure and referring 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 a decision has been taken to adopt its judgment in respect of is required.

Lithuania:

And in view of this, the Parliament of the Republic of Lithuania declares, in accordance with Article 2 (1) of the Protocol adopted on 29 November 1996, that the Republic of Lithuania should have jurisdiction to the Court of Justice of the European Communities in the light of the Preliminary ruling on the interpretation of the Convention and of the Protocol of 27 September 1996 in accordance with the procedure laid down in Article 2 (2) in (lit). b specified conditions.

Slovakia:

The Slovak Republic declares that it is the responsibility 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 that Convention. Convention by means of a preliminary ruling under the conditions laid down in Article 2 (2) (lit). (a) The Protocol on the interpretation by the Court of Justice of the European Communities of the Convention on the Protection of the Financial Interests of the European Communities, by means of the preliminary ruling.

Slovenia:

Pursuant to Article 2 (1) of the Protocol, on the basis of Article K.3 of the Treaty on European Union, on the interpretation by the Court of Justice of the Convention on the protection of the European Communities ' financial interests, In the light of the preliminary ruling, the Republic of Slovenia declares that it is the jurisdiction of the Court of Justice of the European Communities in accordance with Article 2 (2) lit. b of the Protocol.

Hungary:

In accordance with Art. 2 para. 2 lit. The Protocol of 29 November 1996 recognises the jurisdiction of the Court of Justice of the European Communities on the interpretation of the Convention on the basis of Article K.3 of the Treaty on European Union on the the protection of the financial interests of the European Communities and of the Protocol to this Convention by means of a preliminary ruling if a court of the Republic of Hungary has a question to the Court of Justice of the European Communities, who is in a hovering procedure and who is based on the interpretation of the Convention on the basis of Article K.3 of the Treaty on European Union on the protection of the financial interests of the European Communities and of the Protocol to the present Convention, for a preliminary ruling.

According to other communications from the Secretary-General of the Council of the European Union, the Netherlands 1 the following declarations are made or Reservations concerning the continued application to the Caribbean part of the Netherlands are explained:

ON THE CONVENTION:

The Netherlands Government declares for the Caribbean part of the Netherlands (Bonaire, Sint Eustatius and Saba Islands) that, in respect of Article 6 (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)

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;

As regards the Caribbean part of the Netherlands, the jurisdiction of the Court of Justice for a decision on the basis of a preliminary ruling on the basis of the Protocol drawn up in Brussels on 29 November 1996 not only includes that on 26 July 1995 in Brussels. It also covers the protocol drawn up in Dublin on 27 September 1996.

ABOUT THE PROTOCOL:

As regards the Caribbean part of the Netherlands, the jurisdiction of the Court of Justice for a decision by means of a preliminary ruling on the basis of the Protocol drawn up in Brussels on 29 November 1996 not only concerns the Protocol to be adopted on 26 July 1995 in Brussels. It also extends to the protocol drawn up in Dublin on 27 September 1996.

ON THE PROTOCOL ON THE INTERPRETATION OF THE CONVENTION:

The Government of the Kingdom of the Netherlands reserves the right to provide, in national law, a provision according to which a court whose decisions are no longer challenged by the law of national law may be required to refer the case to the Court of Justice of the European Communities if 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 is set out in a floating procedure.

The Government of the Kingdom of the Netherlands declares that it accepts the jurisdiction of the Court of Justice of the European Communities in accordance with the procedures laid down in Article 2 (2):

-

The above caveat and the above declaration are confirmed for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatus and Saba).

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

Faymann