80. Representing of the Federal Chancellor concerning the entry into force of the Convention on the basis of Article K.3 of the Treaty on European Union on mutual assistance and cooperation between customs administrations and declarations

According to the note by the Secretary-General of the Council of the European Union, the Convention is based on Article K.3 of the Treaty on European Union on mutual assistance and cooperation between customs administrations and declarations (BGBl). III No 100/2006), pursuant to Article 32 of its Article 32, which entered into force on 23 June 2009.

STATEMENTS BY THE REPUBLIC OF AUSTRIA

Pursuant to Art. 20 (6):

A.		With regard to the common border of the Republic of Austria with the Federal Republic of Germany:
		In the territory of the Republic of Austria, the staff of the customs administration which are known to be known in accordance with Article 20 (1) of the Convention shall exercise the following conditions in accordance with the following procedures:
a)			In accordance with Article 20 (2) (b), (4) and (5), the following officials shall be granted a right of detention.
b)			The parts are subject to neither a spatial nor a time limit (Art. 20 para. 3 lit. (b)
B.		With regard to the common border of the Republic of Austria with the Italian Republic:
		In the territory of the Republic of Austria, the staff of the customs administration to be known in accordance with Article 20 (1) shall exercise the following elements in accordance with the following procedures:
a)			The following officials do not have a detention law (Art. 20 para. 2 lit. (a)
b)			The ropes can be carried out on motorways up to 20 kilometers, otherwise up to 10 kilometers (Art. 20 para. 3 lit. (a)

Pursuant to Art. 23 (5):

The Republic of Austria declares, in application of Article 23 (5) (covert investigation) of the Convention on Mutual Administrative Assistance and Cooperation of Customs Administrations, that the Republic of Austria only allows the use of covert investigators, if criminal proceedings are pending in the other Member State, the acts of which comply with the conditions for the release of a European arrest warrant, and the investigation of the acts without the planned investigative actions is hopelessly or substantially would be difficult.

Pursuant to Art. 26 (4):

The Republic of Austria shall recognise the jurisdiction of the Court of Justice of the European Communities in accordance with Article 26 (5) (lit). b.

On Art. 26:

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 to the Court of Justice of the European Communities, if a question relating to the interpretation of the Convention on Mutual Administrative Assistance and Cooperation of Customs Administrations has been raised in a suspended procedure .

In addition to Austria, the following other countries have notified the adoption of the Convention, respectively. have joined him:

Belgium, Bulgaria, Denmark, Germany, Estonia, Finland, France, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, United Kingdom, Cyprus.

On the occasion of the deposit of their notification or The following Member States have expressed reservations or reservations. Statements made:

Belgium:

Declaration pursuant to Article 20 (6) of the Convention on mutual assistance and cooperation between customs administrations concerning the common borders of the Kingdom of Belgium with the Kingdom of the Netherlands, the Grand Duchy of Luxembourg, the Kingdom of Belgium, the Kingdom of the Netherlands, the Grand Duchy of Luxembourg, Federal Republic of Germany and the French Republic:

(a) Common borders of the Kingdom of Belgium with the Kingdom of the Netherlands:

In Belgian territory, the competent officials of the Kingdom of the Netherlands shall exercise the right to follow-up, with regard to the power to exercise the rights of the holding, its territorial scope and the facts relating to the latter's The following shall be applicable:

		in the case of the offences referred to in Article 19 (2) (a), (b) and (d) of the above Convention, in accordance with the relevant provisions of Article 27 of the Benelux Treaty of 27 June 1962 on extradition and inter-State legal assistance in Criminal matters in the version as amended by the Protocol of 11 May 1974;
		in the case of infringements, in accordance with Article 19 (2) (lit). (c) of the Convention referred to above in accordance with the relevant provisions of Article 24 of the Convention of 29 April 1969 on administrative and judicial cooperation in criminal matters in the field of the arrangements for the implementation of the objectives the Benelux Economic Union and the Additional Protocol thereto, with specific tax provisions.

(b) the common borders of the Kingdom of Belgium with the Grand Duchy of Luxembourg:

In Belgian territory, the competent officials of the Grand Duchy of Luxembourg shall exercise the right to follow-up, as regards the exercise of the rights of the holding, their territorial scope and the facts relating to the latter's right to can be applied-we follow the following steps:

		in the case of the offences referred to in Article 19 (2) (a), (b) and (d) of the above Convention, in accordance with the relevant provisions of Article 27 of the Benelux Treaty of 27 June 1962 on extradition and inter-State legal assistance in Criminal matters in the version as amended by the Protocol of 11 May 1974;
		in the case of infringements, in accordance with Article 19 (2) (lit). (c) of the above Convention in accordance with the relevant provisions of Article 24 of the Convention of 29 April 1969 on administrative and judicial cooperation in criminal matters in the field of the arrangements for the implementation of the objectives of the Benelux Economic Union and the Additional Protocol thereto, with specific tax provisions.

(c) Common borders of the Kingdom of Belgium with the Federal Republic of Germany:

In Belgian territory, the competent officials of the Federal Republic of Germany shall exercise the right to follow-up, as regards the exercise of the right of detention, its territorial scope and the facts relating to which it is entitled to do so. may be applied in accordance with the following procedures:

		the law of detention in accordance with the provisions of Article 20 (2) (lit). b only in extremely urgent cases;
		Non-spatial or temporal limitation;
		In the case of persons who have been affected in the event of a fresh act as an offender or a co-perpetrator in one of the extraditable offences listed in Article 19 (2), the right to abided by persons who have been affected by the act of committing a person

(d) Common borders of the Kingdom of Belgium with the French Republic:

In Belgian territory, the competent officials of the Federal Republic of Germany shall exercise the right to follow-up, as regards the exercise of the right of detention, its territorial scope and the facts relating to which it is entitled to do so. may be applied in accordance with the following procedures:

	no detention order;
	Post-iron law without any time or space limitation;
	In the case of persons who have been affected in the event of a fresh act as an offender or a co-perpetrator in one of the extraditable offences listed in Article 19 (2), the right to abided by persons who have been affected by the act of committing a person

The Kingdom of Belgium declares that it is the jurisdiction of the Court of Justice of the European Communities in accordance with the procedure laid down in Article 26 (5) (lit). (b) of the Convention.

Bulgaria:

In accordance with Article 20 (8) of the Convention, the Republic of Bulgaria declares that it does not consider itself bound by Article 20.

In accordance with Article 21 (5) of the Convention, the Republic of Bulgaria declares that it does not consider itself bound by Article 21.

According to Article 23 (5) of the Convention, the Republic of Bulgaria declares that it does not consider itself bound by Article 23.

In accordance with Article 26 (4) of the Convention, the Republic of Bulgaria declares that it is the jurisdiction of the Court of Justice of the European Communities in accordance with the provisions of Article 26 (5) (lit). (b) of the Convention.

Denmark:

In the context of the ratification of the Naples II Convention, Denmark would like to make the statements contained in this note.

At an earlier stage, Denmark made statements on Art. 1 (2), Article 3 (2), Article 4 (3) and Article 6 (4) of the Naples II Convention. We assume that these declarations will continue to be annexed to the Convention.

Since Art. 4 is not divided into paragraphs but in numbers, it must be specified that the declaration relates to Art. 4 Z 3 (and not to paragraph 3).

Law No 465 of 7 June 2001 on the amendment of the Criminal Code and the Code of Civil Procedure (Hehlerei and further participation as well as investigations in the field of IT) is a general provision for the Hehlerei in Section 290 of the Criminal Code were introduced. On the same occasion, § § 191a and 284 of the Penal Code have been repealed. The references to these paragraphs in the Declaration on Art. 4 Z 3, third indent, therefore no longer coincide with the Penal Code.

The declaration should therefore be amended as follows:

For the third indent of Article 4 Z 3:

Denmark declares that the third indent of Article 4 (3) of the third indent shall apply to Denmark only for the infringements in question, in respect of which the hehlery of property under Danish law is punishable at any time (Article 290 of the Criminal Code).

In the context of the signing of the Convention, Denmark has also made a declaration under Article 20 (6) on the conditions for the exercise of the secondary law:

Denmark states that the following conditions may be applied in Denmark on the other side of the border with Sweden and Germany only under the following conditions:

	The Swedish authorities and the German authorities may continue to carry out a subsection in the Danish territory only at a distance of up to 25 kilometres from the border;
	The Swedish and German authorities are not entitled to retain persons in the Danish territory.

Denmark has also made statements on Articles 20 and 21. Since, in accordance with the articles in question, each Member State may, in the notification of the Convention, declare that it is not bound by the article or parts of this Article, those declarations shall, in our opinion, be reissued .

Danish declarations:

Article 20 (4) (lit). e:

Denmark declares that, with respect to Denmark, customs agents who have a duty to operate may carry their service weapon over the national border, unless Denmark has expressly objected to it.

Denmark also declares that, with regard to Denmark, the trailing customs staff member may not, in principle, carry out his/her service weapon if the trailing parts of the Danish territory are continued by the ship or aircraft.

On Art. 20 (8):

Denmark declares that it accepts the provisions of Article 20, subject to the following conditions:

	in the case of a cross-border hurry by the customs authorities of another Member State by sea or air, the offroad may only be placed on Danish territory, including the Danish territorial sea and airspace above the Danish territory. The territory and the Danish territorial sea shall be extended if the competent Danish authorities have been informed of this beforehand.

Article 21 (3) lit. d:

Denmark declares that, in the case of Denmark, customs agents may use their arms across the national border within the framework of cross-border observations, unless Denmark has explicitly objected to it.

Denmark, for its part, also declares that, with regard to Denmark, the trailing customs staff shall not, in principle, carry their service weapon with them if the surveillance in the Danish territory is continued by ship or aircraft.

On Art. 21 (5):

Denmark declares that it accepts the provisions of Article 21 with the following conditions:

	Cross-border surveillance without prior consent may be carried out in accordance with the provisions of Article 21 (2) and (3) only if there is reasonable grounds for believing that the persons to be obserated shall be placed in one of the persons referred to in Article 19 (2). Infringements that could lead to extradition are involved.

On Art. 23 (5):

Denmark declares that it is not bound by Art. 23.

On Art. 26 (4) and (5):

Denmark declares that all Danish courts are entitled, but not obliged, to refer a question to the Court of Justice for a preliminary ruling on the interpretation of this Convention, which is the subject of proceedings, if the court concerned considers that a decision is required to adopt a judgment.

Germany:

Art. 20 (6) (Nacheile):

In the territory of the Federal Republic of Germany, the competent officials of the Member States shall exercise the right of repudiation without any limitation of space and time (Art. 20 para. 4 lit. (b) and in the event of the detention of the person in detention (Art. 20 (2)). Officials of Member States who have completely ruled out the applicability of this Article in accordance with paragraph 8 shall not be entitled to do so.

Art. 26 (Reference for a preliminary ruling from the Court of Justice):

Declaration No 9 (earlier 10), annex to the Convention. The Federal Republic of Germany shall be included in the text of the present declarations. Paragraph 2 of the Declaration:

The Federal Republic of Germany shall make the declaration in accordance with Art. 26 (5) (lit). b. Preliminary ruling on the Court of Justice for a preliminary ruling procedure for each court. Paragraph 3 of the Declaration: The Federal Republic of Germany makes the declaration on the plea of the last-instance courts.

Estonia:

Explanations:

According to Art. 20 (2) lit. In the territory of the Republic of Estonia, the impartial staff of another Member State shall not have any detention rights.

In accordance with Article 20 (3) of the Convention, the parts are subject to the crossing of the Estonian border without any limitation of time or space.

According to Art. 20 (4) (lit). (e) the Convention may, on the basis of reciprocity, carry out its duties with respect to their arms.

In accordance with Article 26 (4) of the Convention, an Estonian court may refer a question to the Court of Justice of the European Communities for a preliminary ruling on the interpretation of the Convention, which is the subject of proceedings pending before it, if: this court considers it necessary to adopt its judgment.

The tax and customs office shall inform the shipper of the application of the provisions of Article 20 (1) and Article 21 (1) of the Convention to the Verwahrer.

The designated authority pursuant to Article 21 (1) of the Convention is the Tax and Customs Office.

Finland:

The Government of the Republic of Finland would like to make the following statement:

Article 20 of the Convention: Article 20 of the Convention provides that a rearing staff member shall have the right of detention in accordance with Article 20 (2) lit. (b) and the re-eider law shall be referred to in Article 20 (3). b was exercised without time or space limitation.

The Government of the Republic of Finland also wishes to make the following statements:

On Art. 26 (4) and (5) (5). (b) of the Convention: any Finnish court may, in a situation referred to in this Article, request the Court of Justice of the European Communities to make a preliminary ruling.

France:

Declaration pursuant to Art. 20:

The competent officials of the Member States shall have the power to have the right of secondary action in the territory of the French Republic within the meaning of Article 31, in accordance with the terms and conditions of space and time (Art. 20 para. 3 lit. (a) to be established on the basis of reciprocity (Art. 20 (6)). However, in the territory of the French Republic referred to above, the following officials do not have the right of detention.

The Member States which have completely excluded the application of this Article pursuant to Article 20 (8) shall not be subject to such a right to follow-up.

Declaration pursuant to Art. 23 (5):

France declares that it is not bound by any of the provisions of Article 23 of the Convention because of restrictions stemming from its national legal order.

Greece:

Declaration pursuant to Article 20 (8) of Law No 2772/1999 concerning the ratification of the Convention on Mutual Administrative Assistance and Cooperation of Customs Administrations:

The Hellenic Republic declares, pursuant to Article 20 (8) of the Convention on Mutual Administrative Assistance and Cooperation of Customs Administrations, that the Hellenic Republic is not bound by this Article.

Declaration pursuant to Article 21 (5) of Law 2772/1999 concerning the ratification of the Convention on Mutual Administrative Assistance and Cooperation of Customs Administrations:

The Hellenic Republic declares, in application of Article 21 (5) (Transnational Observation) of the Convention on Mutual Assistance and Cooperation of Customs Administrations, that the Hellenic Republic shall not be bound by this Article is.

Declaration pursuant to Article 23 (5) of Law 2772/1999 concerning the ratification of the Convention on Mutual Administrative Assistance and Cooperation of Customs Administrations:

The Hellenic Republic declares, pursuant to Article 23 (5) (covert investigation) of the Convention on Mutual Administrative Assistance and Cooperation of Customs Administrations, that the Hellenic Republic is not bound by this Article.

Ireland:

Declaration pursuant to Art. 20 (6):

Ireland intends to declare, when depositing the instrument for the adoption of this Convention, in accordance with Article 20 (8), that it is not bound by this Article. It follows that no detailed rules should be laid down in accordance with paragraphs 2, 3 and 4 of this Article for the purposes of the Irish rebates.

Declaration on Art. 26 (4) and (5) lit. a:

Any Irish court whose decisions may no longer be challenged by means of appeal under national law may refer to the Court of Justice of the European Communities a question concerning the interpretation of the said Convention, which may be found in a shall submit pending proceedings for a preliminary ruling if it deems it necessary to take a decision on that decision to adopt its judgment.

Declaration on Art. 20:

The Government of Ireland hereby declares that, by Article 20 of the Convention signed at Brussels on 18 December 1997, on the basis of Article K.3 of the Treaty on European Union on mutual assistance and cooperation between Customs administrations or parts of this Article shall not be bound. This declaration shall be made in accordance with Article 20 (8) of this Convention.

Declaration on Art. 21:

The Government of Ireland hereby declares that, on the basis of Article K.3 of the Treaty on European Union, by Article 21 of the Convention on Mutual Administrative Assistance and Cooperation of the European Union, signed in Brussels on 18 December 1997, it is Customs management authorities or parts of this Article shall not be bound. This declaration shall be made in accordance with Article 21 (5) of this Convention.

Declaration on Art. 23:

The Government of Ireland hereby declares that, on the basis of Article K.3 of the Treaty on European Union, by Article 23 of the Convention on Mutual Assistance and Cooperation of the European Union, signed in Brussels on 18 December 1997, Customs administrations or parts of this Article shall not be bound. This declaration shall be made in accordance with Article 23 (5) of this Convention.

Italy:

Declaration pursuant to Art. 20 (6):

The competent officials of the Member States may exercise the right of repute in the territory of the Italian Republic under Article 31, subject to such temporal and territorial restrictions as those laid down in accordance with the principle of reciprocity . Under no circumstances will such officials have the right to arrest the person or persons who are being persecuted in the territory of the Italian Republic. Officials of Member States who have declared, pursuant to Article 20 (8), not to be bound by this Article shall not have the right to a subsequent hurry.

Declaration on Art. 26:

Italy declares that it is the jurisdiction of the Court of Justice of the European Communities to provide for the issuing of rules for the interpretation of the Convention in accordance with Article 26 (5) (lit). b acknowledges. Italy declares that it reserves the right to make provision in its national law to the effect that, when a question relating to the interpretation of the Convention on Mutual Assistance and Cooperation between the customs authorities are raised in a case pending before a national court or tribunal in which, under national law, there is no appeal, that court or tribunal is bound to refer the matter to the Court of Justice of the European Communities.

Latvia:

Explanations:

In accordance with Article 21 (5) of the Convention on the basis of Article K.3 of the Treaty on European Union on mutual assistance and cooperation between customs administrations, the Republic of Latvia declares that this Article is not applicable to it.

In accordance with Article 20 (8) of the Convention on the basis of Article K.3 of the Treaty on European Union on mutual assistance and cooperation between customs administrations, the Republic of Latvia declares that this article is not applicable to it.

In accordance with Article 23 (5) of the Convention on the basis of Article K.3 of the Treaty on European Union on mutual assistance and cooperation between customs administrations, the Republic of Latvia declares that this Article is not applicable to it.

In accordance with Article 26 (4) of the Convention on the basis of Article K.3 of the Treaty on European Union on mutual assistance and cooperation between customs administrations, the Republic of Latvia declares that it has jurisdiction over the Court of Justice of the European Union European Communities for preliminary rulings on the interpretation of this Convention as set out in paragraph 5 lit. a.

Lithuania:

Explanations:

The Seimas of the Republic of Lithuania declares that since no agreements have been made with individual Member States to achieve equivalent arrangements in these States, they have not made a declaration on the terms of Article 20 (6) of this Regulation concerning the arrangements for the exercise of secondary law in its territory.

In accordance with Article 26 (4) of the Convention, the Seimas of the Republic of Lithuania notes that the Republic of Lithuania has the jurisdiction of the Court of Justice of the European Communities for preliminary rulings on the interpretation of this Convention, under the conditions laid down in Article 26 (5) (lit). b acknowledges.

In accordance with Article 33 (5) of the Convention, the Seimas of the Republic of Lithuania states that this Convention shall apply to the Republic of Lithuania until its entry into force, with the exception of Article 23 thereof, to the Member States of the European Union, which shall: Declaration of the same content shall be applicable. Therefore, the Agreement between Lithuania and the other Contracting Parties which have made a declaration of the same content on Article 33 (5) shall be applied provisionally.

Luxembourg:

In accordance with Article 20 (6) of the Convention, the Government of the Grand Duchy of Luxembourg shall, on the basis of Article K.3 of the Treaty on European Union, make the following statement on mutual assistance and cooperation between customs administrations:

1) Common border of the Grand Duchy of Luxembourg with the Kingdom of Belgium:

In the event of the infringements referred to in Article 19 (2) (a), (b) and (d) of this Convention, the parts shall be provided in accordance with the procedures laid down in Article 27 of the Benelux Treaty of 27 June 1962 on extradition and mutual assistance in criminal matters, as amended by the Protocol of 11 May 1974; in the case of infringements in accordance with Article 19 (2) (2) (2). In accordance with the provisions of Article 24 of the Convention of 29 April 1969 on administrative and judicial cooperation in criminal matters relating to the arrangements for the attainment of the objectives of the Convention, the Convention shall be subject to the Convention Benelux Economic Union and the Additional Protocol thereto, with specific tax provisions.

2) Common border of the Grand Duchy of Luxembourg with the Federal Republic of Germany:

The staff referred to in Article 20 (1) shall be subject to the following conditions in the territory of the Grand Duchy of Luxembourg in accordance with the following procedures:

	(a) The following staff members shall have the right of detention in accordance with the provisions of Article 20 (2) and (5);
	(b) The parts shall only be exercised within a zone of 10 km from the border.

3) Common border of the Grand Duchy of Luxembourg with the French Republic:

The members of the staff referred to in Article 20 (1) shall be subject in the territory of the Grand Duchy of Luxembourg in accordance with the procedures set out below:

	(a) the following officials shall not have a detention right;
	(b) the ropes may only be exercised within a zone of 10 km from the border.

I would also like to inform you that the Luxembourg legislation on the approval of the Convention contains the following reservations:

		" Art. 2. The special forms of cooperation referred to in Articles 21 to 24 of the Convention shall require the consent of the Attorney General of the territory of the State. In the case of the suburb referred to in Article 20 of the Convention, the Attorney General, who has the territory, shall grant the request for the hiring of the parts.
		Art. 3. The Grand Duchy of Luxembourg shall recognise the jurisdiction of the Court of Justice of the European Communities in accordance with the provisions of Article 26 (5) (lit). (b) procedures established by the Convention.

Malta:

Explanation:

In accordance with Article 30 of the Convention, Malta opts against the provisions on 'Reforms' (Art. 20), cross-border observation (Art. 21) and covert investigations (Art. 23).

Netherlands:

Declaration pursuant to Article 20 (6) of the Convention on Mutual Administrative Assistance and Cooperation of Customs Administrations concerning the Common Border of the Kingdom of the Netherlands with the Kingdom of Belgium:

On Dutch territory, the competent officials of the Kingdom of Belgium shall exercise the right to a succession as regards the power to exercise the detention, its territorial scope and the facts relating to the latter's The following shall be applicable:

	-in the case of the infringements referred to in Article 19 (2) (a), (b) and (d) of the said Convention in accordance with the relevant provisions of Article 27 of the Benelux Treaty of 27 June 1962 on extradition and mutual legal assistance in Criminal matters in the version as amended by the Protocol of 11 May 1974;
	-in the case of infringements in accordance with Article 19 (2) (lit). (c) of the said Convention in accordance with the relevant provisions of Article 24 of the Convention of 29 April 1969 on administrative and judicial cooperation in criminal matters in the field of the arrangements for the implementation of the objectives of the The Benelux Economic Union and the Additional Protocol thereto, with specific tax provisions, to the extent that this is compatible with Article 20 of the above Convention.

Declaration pursuant to Article 20 (6) of the Convention on Mutual Administrative Assistance and Cooperation of Customs Administrations concerning the Common Border of the Kingdom of the Netherlands with the Federal Republic of Germany:

In Dutch territory, the competent officials of the Federal Republic of Germany shall exercise the right of secondary education within a zone of 10 km from the common border; within that zone, they shall be entitled to the following person: on public roads and publicly accessible land where there is a suspicion of an extraditable infringement pursuant to Article 19 (2).

Declaration on Art. 26 (5) (lit). b:

The Netherlands declare that they recognise the jurisdiction of the Court of Justice of the European Communities to make a preliminary ruling on a question by a Dutch court concerning the interpretation of the Convention, which is to be found in the Netherlands. a procedure pending before that court if that court considers it necessary to take a decision on the matter in order to adopt its judgment.

Reservation:

The Kingdom of the Netherlands declares, in accordance with Article 10 (9), that the first sub-paragraph of Article 10 (9) is not applied.

Explanations:

The Kingdom of the Netherlands declares, in accordance with Article 24 (1), that the authorities referred to in the European Convention on Mutual Administrative Assistance and the Benelux Treaty are competent to implement this Convention and the Additional Protocol, and that they are additionally determined as: -the administrative authorities within the meaning of Article 3 (1): the Public Prosecutor and the Central Office of Inkassobureau (Centraal Justititeel Incassobureau);-the competent central authorities pursuant to Article 6 (2) and (8): the International Office for Mutual Legal Assistance Ministry of Justice in The Hague (Bureau Internationale Rechtshulp); competent authorities within the meaning of Article 6 (5): the Public Prosecutor concerning an outgoing and an outgoing request and for the notification of a Member State to set up proceedings courts in other Member States and the requesting magistrate for outgoing requests;- Administrative authorities within the meaning of Article 6 (6): the central office of debt collection (Centraal Justitieel Incassobureau) in Leeuwarden;-competent authorities within the meaning of Articles 18, 19 and 20 (1) to (5): the Public Prosecutor and the competent authority Receipt of the communication pursuant to Art. 20 (2): the Sirene Bureau of the Netherlands. In accordance with Article 27 (5), the Kingdom of the Netherlands states that the Convention shall be applied until its entry into force in its relations with the Member States which have made declarations of the same content.

Poland:

Declaration on Art. 20 (8):

The Republic of Poland declares that Article 20 of this Convention does not bind the Republic of Poland.

Statements on Art. 21 (5):

The Republic of Poland declares that Article 21 of this Convention may be applied by the competent authorities of other Member States to the Republic of Poland, taking into account the principle of reciprocity. The Republic of Poland also declares that officials of the competent authorities of Member States may carry their arms to the territory of the Republic of Poland, but may only use them in cases of legitimate self-defence, as in Art. 25 of the Law of 6 June 1997 (Criminal Code) (Code of Law of the Republic of Poland in 1997, No 88, Item 553 in the amended version). The Republic of Poland declares that Art. 21 para. 3 lit. (d) this Convention may be applied by the competent authorities of other Member States to the Republic of Poland, taking into account the principle of reciprocity.

Declaration on Art. 23 (5):

The Republic of Poland declares that Article 23 of this Convention may be applied by the competent authorities of other Member States to the Republic of Poland, taking into account the principle of reciprocity.

Declaration on Art. 26 (4):

The Republic of Poland declares that it will issue the declaration in accordance with Article 26 (4) at a later date.

Portugal:

Under the terms of Article 20 (6) of the Convention, the Portuguese Republic declares that the officials of the customs administrations of the Member States may continue the repute in the territory of the Portuguese Republic under the following conditions:

	the following staff shall not be allowed to arrest the person being pursued.
	the ropes may be used for a distance of up to 50 km from the border, or over a period of two hours.

In accordance with Article 26 (4) of the Convention, the Portuguese Republic declares that:

	(a) The Portuguese Republic shall recognise the jurisdiction of the Court of Justice of the European Communities for preliminary rulings on the interpretation of the Convention.
	(b) For this purpose, according to Art. 26 (5) (lit). (b) any national court shall refer the matter to the Court of Justice for a preliminary ruling on the interpretation of the Convention which is the subject of proceedings pending before it, if it considers that it is necessary to adopt its judgment .

Sweden:

On the occasion of the signing of the Convention on Mutual Administrative Assistance and Cooperation of the Customs Administration, Sweden declares, in relation to Article 20 (6), that the provisions of paragraphs 2, 3 and 4 of this Article are to be applied as follows:

	Article 20 (3) (lit) is applied. b.

On the occasion of the adoption of the Convention on Mutual Administrative Assistance and Cooperation of Customs Administrations, Sweden makes the following declarations:

On Article 23 (5) of the Convention, Sweden does not intend to apply the coworking form of the investigation covered.

On Article 26 (5) (lit). b of the Convention: All Swedish courts are entitled to obtain a preliminary ruling on the interpretation of this Convention to the extent necessary for a decision in a case or other matter.

Slovakia:

Explanations:

On Art. 1 (2) and Article 3 (2):

The Slovak Republic declares that the term "judicial authority" within the meaning of this Convention in the Slovak Republic shall be the Ministry of Justice, the General Prosecutor's Office, all courts and prosecutors, irrespective of their name .

On Art. 20 (1):

The Slovak Republic shall inform the company of the following: customs officers of the customs administration shall be informed of the following: staff members exercising the right of resurrecting under the conditions laid down in Article 20 (1).

On Art. 20 (6):

The Slovak Republic informs that, since no agreements have been made with individual Member States in order to achieve equivalent arrangements in those States, they do not make a statement on Article 20 (6) on the detailed rules for the application of the rules of the European Union. the exercise of secondary law in its territory. The Slovak Republic will make its declaration after the meeting of agreements with individual Member States.

On Article 20 (8):

The Slovak Republic declares that it accepts the provisions of Article 20 under the following conditions: in the case of a cross-border file by the customs staff of another Member State or through the airspace, such a case may be In the case of the Slovak authorities, the competent Slovak authorities have previously agreed to the customs authorities of the Slovak Republic, including the airspace above the Slovak territory, to be continued only after the competent Slovak authorities have previously agreed to Allow the Slovak Republic to revisit the possibilities.

On Art. 21 (1):

According to this article, staff in the Slovak Republic are staff of the special unit of the police or customs administration of the Slovak Republic. The authority designated for this purpose in the Slovak Republic is the Customs Directorate of the Customs Enforcement Authority of the Slovak Republic-the Central Coordination Office.

On Art. 21 (5):

The Slovak Republic declares that it accepts the provisions of Art. 21 under the following conditions: Cross-border observation without prior consent may be carried out in accordance with Article 21 (2) and (3) only if it is justified There is reason to believe that the persons to be extradited are involved in one of the extraditable infringements referred to in Article 19 (2) and only if the Member States are to the customs authorities of the Slovak Republic -Clean up the possibilities.

On Art. 26 (4):

The Slovak Republic declares, in accordance with Article 26 (4), that it has the jurisdiction of the Court of Justice of the European Communities for a preliminary ruling on the interpretation of the Convention in accordance with Article 26 (5) (lit). a, which means that any court or tribunal whose decision does not give an appeal under national law can refer the matter to the Court of Justice of the European Communities for a preliminary ruling on a question in a to bring about proceedings pending before it, in connection with the interpretation of the Convention on Mutual Assistance and Cooperation between Customs Administrations, if that court or Tribunal considers that a decision on this issue is necessary in order to enable him to make the judgment.

Slovenia:

Declaration pursuant to Art. 20 (8):

Slovenia declares that it is not bound by Art. 20.

Declaration pursuant to Art. 21 (5):

Slovenia declares that it is not bound by Art. 21.

Declaration pursuant to Art. 23 (5):

Slovenia declares that it is not bound by Article 23.

Declaration pursuant to Art. 26 (4):

Slovenia declares that it recognises the jurisdiction of the Court of Justice of the European Communities for preliminary rulings on the interpretation of this Convention referred to in paragraph 5 (a).

Spain:

Declaration by the Kingdom of Spain:

On Art. 20 (6):

In view of the fact that the compulsory prior consultation with all the Member States concerned has not taken place in the endeavour to ensure equivalence between the rules in force in those Member States, the Kingdom of Spain declares that: that the declaration cannot be made in accordance with Article 20 (6) on the arrangements under which the reputable is exercised in its territory.

Spain therefore invites the Presidency to take the necessary measures to ensure that the vote provided for in Article 20 (6) is carried out as soon as possible, so that the Member States can make the said declaration.

On the occasion of the adoption of the Convention on Mutual Administrative Assistance and Cooperation of Customs Administrations, the Kingdom of Spain makes the following declarations:

On Art. 26:

In accordance with Article 26 (4), Spain states that it is the responsibility of the Court of Justice of the European Communities for preliminary rulings on the interpretation of this Convention as referred to in paragraph 5 (5). a. Spain reserves the right to have a Spanish court whose decisions are no longer subject to appeal under national law and which has been asked to deal with such a question to the Court of Justice of the European Union. Court of Justice of the European Communities.

The President of the Congress of Representatives has found that on 30 April 2003 the Congress of Depuals gave its assent to Spain, the obligations arising from the statements relating to Article 5 (1), Article 20 (1), Article 20 (6) and Article 21 (1), (2) and (5) of the Convention on the basis of Article K.3 of the Treaty on European Union on Mutual Administrative Assistance and Customs Administration, signed in Brussels on 18 December 1997. Similarly, on 10 June 2003, the Senate gave its assent to Spain to be bound by the above statements.

Czech Republic:

Declaration in connection with the deposit of the instrument of accession of the Czech Republic to the Convention of 18 December 1997 on the basis of Article K.3 of the Treaty on European Union on mutual assistance and cooperation the customs administrations:

On Art. 1 (2) and Article 3 (2):

The Czech Republic declares that it has the terms "judicial authorities" or "judicial authorities". "judicial authority" in Article 1 (2) and (2) respectively Article 3 (2) of the Convention shall, in accordance with the declarations made in accordance with Article 24 of the European Convention on Mutual Assistance in Criminal Matters, signed in Strasbourg on 20 April.

On Art. 4 Z 7:

The Czech Republic declares that, for the purposes of cooperation under Title IV of the Convention, the term 'customs administrations' shall also include the police of the Czech Republic.

On Art. 20 (1):

The Czech Republic declares that in the Czech Republic, officials of the institutions of the customs administration of the Czech Republic, who have the status of police bodies in accordance with national law, as well as the police of the Czech Republic, shall be responsible for the Czech Republic shall have the power to act in accordance with this Article.

On Art. 20 (6):

The Czech Republic declares that the competent officials of the Member States in the territory of the Czech Republic are responsible for cross-border parts without a spatial or temporal limitation (Art. 20 para. 3 lit. (b) and for the detention of the person (Art. 20 para. 2 lit. (b) are authorized. Those powers shall not apply to officials of those Member States which, in accordance with paragraph 8, have ruled out the validity of this entire article.

On Art. 21 (1):

The Czech Republic declares that, in the Czech Republic, the institutions of the customs administration of the Czech Republic, which have the status of police bodies in accordance with national law, as well as the police of the Czech Republic Republic shall have the power to act in accordance with this Article.

On Art. 21 (5):

The Czech Republic declares that it recognises the provisions of Article 21, subject to the following conditions: the cross-border surveillance may be carried out only in accordance with Article 21 (1), (2) and (3) if there is a reasonable suspicion , the persons being observed shall be involved in any of the offences referred to in Article 19 (2), provided that the requesting State has set at least one year of deprivation of liberty as the upper limit of the penalty for this purpose, and only to the extent that the person concerned is subject to the The purpose of the taking of evidence in criminal proceedings.

On Art. 26 (4):

The Czech Republic declares that it is the jurisdiction of the Court of Justice of the European Communities in accordance with Art. 26 (5) (lit). (b) of the Convention on the basis of Article K.3 of the Treaty on European Union on mutual administrative assistance and cooperation between customs administrations.

The Czech Republic reserves the right to determine, in its domestic law, that a national court whose decisions cannot itself be challenged by means of appeal under national law shall be required to determine: , if a question of interpretation of the Convention on the basis of Article K.3 of the Treaty on European Union on mutual administrative assistance and cooperation between customs administrations is subject to a pending procedure, .

Hungary:

Explanations:

On Art. 20 (6):

(a) Subject to Art. 20 (2):

	If, under Article 20 (1) of the Convention, officials of the customs administrations must not take any other measures during the repudiation on the territory of the Republic of Hungary than the detention under Article 20 (2) (2) of the Convention. b of the Convention.

(b) Subject Art. 20 (3):

	If the parts are not subject to spatial or temporal constraints.

(c) Subject to Art. 20 (4):

	Calls on the Republic of Hungary to regulate the details of the bans in bilateral agreements on the prevention and combating of cross-border crime with EU Member States.

(d) Subject to Art. 20 (8):

	If, pursuant to Article 20 (6), the statements of the Republic of Hungary relate to those Member States which do not rule out the application of Article 20 in whole or in part pursuant to paragraph 8 of this Article.

On Art. 23 (5):

In the case of covert investigations under Article 23 on the territory of the Republic of Hungary, in addition to the provisions of the Convention, the bilateral agreements on the prevention and combating of transboundary crime, as well as the provisions of the Agreement, apply to certain cases of ad-hoc agreements.

On Art. 26 (4):

In accordance with Article 35 (2) of the Treaty on European Union, the Republic of Hungary recognises the jurisdiction of the Court of Justice of the European Communities in accordance with Article 35 (3) (3) (3). b of the EU Treaty.

United Kingdom:

The United Kingdom declares that it is not bound by Article 20 of this Convention.

The United Kingdom declares that, for the purposes of Article 21 of this Convention, arms may never be brought into its territory.

In addition to Austria, the following states have declarations in accordance with. Art. 32 (4) delivered:

Belgium, Bulgaria, Denmark, Germany, Estonia, Finland, France, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, United Kingdom Kingdom, Cyprus.

Statements are made on the occasion of the entry into force of the Convention. Article 32 (4) must be regarded as being subject to the rule of law.

Faymann