28. Representing the Federal Chancellor concerning the scope of the Convention, drawn up by the Council in accordance with Article 34 of the Treaty on European Union, on mutual legal assistance in criminal matters between the Member States of the European Union

According to the note by the Secretary-General of the Council of the European Union, the following States have ratified their instruments of ratification or ratification. Instruments of accession to the Convention, drawn up by the Council in accordance with Article 34 of the Treaty on European Union, on mutual legal assistance in criminal matters between the Member States of the European Union (Kundrendered in BGBl. III No 65/2005):

States:	Date of deposit of the Ratifications and/or Certificate of Accession:
Belgium	25 May 2005
Germany	4 November 2005
France	10 May 2005
Poland	28 July 2005
Sweden	7 July 2005
Slovakia	3 July 2006
Slovenia	28 June 2005
Czech Republic	14. March 2006
United Kingdom	22 September 2005
Cyprus	3 November 2005

On the occasion of the deposit of their instruments of ratification or The following declarations have been made by the following States:

Belgium:

In accordance with Article 24 of the Convention, the Kingdom of Belgium declares that the application of the Convention is the responsibility of the judicial authorities; it has a central authority to act, the Federal Public Service of Justice (Service public fédéral) is Justice, Direction générale de la Législation et des Libertés et Droits fondamentaux, Autorité centrale d' entraide pénale, Boulevard de Waterloo 115, 1000 Bruxelles).

Under the judicial authority the Kingdom of Belgium understands, in accordance with the declarations made in the framework of the 1959 Convention, the members of the jurisdiction responsible for the jurisdiction, the investigating magistrates and the members of the judiciary the prosecutor's office.

The Kingdom of Belgium does not designate a non-judicial authority for the application of the Convention.

Germany:

On Art. 9 (6):

In the event of a temporary transfer of imprisoned persons for investigation purposes, the agreement of the detained person pursuant to Art. 9 (3) is generally required for the conclusion of the agreement pursuant to Art. 9 (1).

On Art. 10 (9):

The application of the first subparagraph of Article 10 (9) (hearing of an accused person by video conference) shall not be excluded in principle. However, the questioning of an accused person by videoconference is only possible on a voluntary basis (Art. 10 (9), third subparagraph). In addition, it must also be against a witness or expert (Art. 10 (1), which does not comply with a summons to be taken by a foreign judicial authority by means of the videoconference, in accordance with the national law of the Federal Republic of Germany, the imposition of costs or the fixing of a charge Order-by-order means.

France:

On Art. 6 (7):

France declares, in accordance with Article 6 (7), that it is not bound by Article 6 (5), first sentence, and Article 6 (6).

On Art. 10 (9):

France declares that it does not apply the first subparagraph of Article 10 (9) to accused persons if they appear before the discerning court.

On Art. 24 (1):

France declares that, in addition to the judicial authorities already designated by the French Government at the time of the signature of the European Convention on Legal Assistance, the following authorities are responsible:

-		for the application of Art. 6 (2) and (8) (lit. (a) The Ministry of Justice, Division of Criminal Matters and Pardons;
-		for the application of Art. 6 (8) lit. b: the Ministry of Justice, Division of Criminal Matters and Pardons, National Criminal Records Service;
-		for the purposes of the application of Articles 18 and 19: the local competent investigating judge;
-		for the application of Article 20 (1) to (5): the Ministry of Justice, Division of Criminal Law and pardon.

France declares that, for the purposes of the European Convention on Mutual Assistance in Criminal Matters, enforcement judges and regional courts in charge of conditional redundancies should also be considered as the French judicial authority.

On Art. 27 (5):

France declares that this Convention is applicable in its relations with the Member States, which have made a declaration of the same content, in accordance with Article 27 (5).

Poland:

Explanations:

1.		According to Art. 24 (1) (b), (c) and (e) of the Convention, Poland states that:
-			the central authority for the application of Art. 6 (2) and (8), the Ministry of Justice, Al. Ujazdowskie 11, 00-950 Warsaw, Poland;
-			the competent authorities responsible for the application of Article 6 (5) are as follows: for the scope of Articles 12 and 14 of the Chief Police Chief ("Komendant Glówny Policji"), for the scope of Article 12, in relation to heavy fiscal offences Actions-moreover, the Ministry of Finance and the scope of Article 13 of the Attorney General;
-			the local district attorneys ("Procurator Okregowy") are the competent authorities responsible for the application of Articles 18 and 19 and Article 20 (1), (2) and (5); the tasks of the contact points pursuant to Article 20 (4) shall be carried out by the local competent authorities. Police chiefs of voivodships ("Komendant Wojewódzki Policji").
2.		In accordance with Article 27 (5) of the Convention, Poland declares that it will apply this Convention in its relations with other Member States which have made a declaration of the same content prior to its entry into force.

Reservations:

1.		In accordance with Article 9 (6) of the Convention, Poland declares that, in order to reach an agreement under Article 9 (1), it shall seek the prior consent of the person to be temporarily transferred, as the State of the supremation.
2.		In accordance with Article 10 (9) of the Convention, Poland declares that it will not request any interrogations of defendants by videoconference or that it will comply with such requests.

Sweden:

a)		The authorities designated by Sweden in accordance with Article 24 of the 1959 European Convention on Mutual Assistance in Criminal Matters (prosecutors and tribunal) are in favour of the application of the EU Convention of 29 May 2000 on the application of the Convention on Mutual Assistance in Criminal Matters ( mutual legal assistance in criminal matters and the additional protocol of 16 This Convention is responsible for the implementation of this Convention.
b)		Further:
1)			the competent central authority shall be referred to in Article 24 (1) (1). b of the Convention the Ministry of Justice;
2)			the following police and customs authorities shall be referred to in Article 24 (1) (1). c of the Convention:
i)				for controlled deliveries (Art. 12) the Reichspolizeiamt, the police authorities, the customs administration and the Coast Guard,
ii)				for the joint investigation teams (Art. 13) the Reichspolizeiamt, the Police Department, the Customs Administration and the Coast Guard and
iii)				for covert investigations (Art. 14) the Reichspolizeiamt and the Police Department;
3)			are in accordance with Article 24 (1) lit. e of the Convention shall be the competent authority.

Slovakia:

Statements and reservations according to Articles 24 and 25:

The Slovak Republic declares, in accordance with Article 24 (1), that, in addition to the authorities already referred to in the declaration of the Slovak Republic to the European Convention on Mutual Assistance in Criminal Matters, the following authorities are responsible for the application of the Convention in charge of:

	the Ministry of Justice of the Slovak Republic shall be the central authority responsible for the transmission of mutual assistance requests within the meaning of Art. 6 (2);
	for the procedures referred to in Articles 12 and 14, the Public Prosecutor's Office shall be a competent authority within the meaning of Article 6 (5);
	in respect of the procedures laid down in Article 13, the General Prosecutor's Office of the Slovak Republic shall be a competent authority within the meaning of Article 6 (5);
	The Ministry of Justice of the Slovak Republic is the competent central authority within the meaning of Art. 6 (8) (a);
	the General Prosecutor's Office of the Slovak Republic is the competent central authority within the meaning of Art. 6 (8) (b);
	The Bureau of the Police Force, Office for International Police Cooperation, National Central Office Interpol, Racianska 45, 812 72 Bratislava, Slovak Republic, Tel.: + 421-(0) 9610 50318, Fax: + 421-(0) 9610 59002, is the contact point in the sense of of Art. 20 (4) (lit). d.

The Slovak Republic declares, in accordance with Article 9 (6), that for the purpose of establishing an agreement on the temporary transfer of an investigative or enforceable person for the purpose of investigation, the agreement must be approved by the Slovak Republic for the purpose of determining the Transfer is required.

In accordance with Article 6 (7), the Slovak Republic declares that it reserves the right not to be bound by Article 6 (5), first sentence, and by Article 6 (6).

Slovenia:

In accordance with Article 24 of the Convention, drawn up by the Council in accordance with Article 34 of the Treaty on European Union, on mutual assistance in criminal matters between the Member States of the European Union, the Republic of Slovenia declares that: The following:

1.		According to Art. 24 (1) (lit). (a) of the Convention, the Republic of Slovenia declares that the authorities competent for the purposes of Article 6 (6) of the Convention are those authorities which, in accordance with the national legislation of the Republic of Slovenia, are Exercising supervisory functions for the implementation of regulations, and in this regard are responsible for decisions on minor offences.
2.		According to Art. 24 (1) (lit). (b) the Republic of Slovenia declares that the competent judicial authorities in the Republic of Slovenia are the competent judicial authorities and the district offices of the prosecutors in accordance with Article 6 (1) of the Convention.
3.		According to Art. 24 (1) (lit). (c) of the Convention, the Republic of Slovenia declares that, for the purposes of the application of Article 6 (8) of the Convention, the Central Authority in the Republic of Slovenia shall be the Ministry of Justice, the Directorate for International Cooperation and international legal assistance. The Ministry of Justice of the Republic of Slovenia also provides statements on territorial competent judicial authorities for the receipt of requests and for international legal assistance.
4.		According to Art. 24 (1) (lit). e. of the Convention, the Republic of Slovenia declares that the authority responsible for the application of Articles 18 and 19 and Article 20 (1) to (5) of the Convention is the Ministry of Internal Affairs of the Republic of Slovenia-the police; the Reception of telecommunications links in the territory of the Republic of Slovenia shall be ordered by the competent court.

Czech Republic:

In accordance with Article 6 (7) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that it is not bound by the first sentence of Article 6 (5) of the Convention. is.

In accordance with Article 6 (7) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic states that, as regards Article 6 (6) of the Convention, the following applies: Requests from administrative authorities pursuant to Article 3 (1) of the Convention to be transmitted to the judicial authorities of the Czech Republic and therefore cannot be sent directly to the administrative authorities of the Czech Republic.

In accordance with Article 9 (6) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that the assent under Article 9 (3) of the Convention shall be adopted before the The conclusion of an agreement on the temporary transfer of a person under Article 9 (1) of the Convention is required.

According to Art. 24 (1) (lit). (b) The Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000) states that the following judicial authority shall be responsible for processing requests for controlled The Regional Prosecutor's Office in Prague (Krajské státni zastupitelstvi v Praze), Rusová 11, 110 01 Praha 1, is responsible for deliveries within the meaning of Article 12 of the Convention.

According to Art. 24 (1) (lit). (b) The Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000) states that the following judicial authority shall be responsible for processing requests for education Joint investigation teams within the meaning of Article 13 of the Convention are: Supreme Prosecutor's Office of the Czech Republic (Nejvyssi státni zastupitelstvi Ceské republiky), International Department, Jezuitská 4, 660 55 Brno (Brno).

According to Art. 24 (1) (lit). (b) The Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000) states that the following judicial authority for the processing of requests relating to covert Investigations within the meaning of Article 14 of the Convention are in charge of the Attorney General's Office in Prague (Vrchni státni zastupitelstvi v Praze), námêsti Hrdinü 1300, 140 65 Praha 4).

According to Art. 24 (1) (lit). (b) of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that the central authority, within the meaning of Article 6 (8) of the Convention, The Ministry of Justice of the Czech Republic.

According to Art. 24 (1) (lit). e Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (Brussels, 29 May 2000), the Czech Republic declares that the contact point within the meaning of Article 20 (4) (4). The Convention is the Police Presidium of the Czech Republic (Policejni prezidium Ceské republiky), Department of International Police Cooperation, Interpol subdivision (Strojnická 27, 17089 Praha 7).

United Kingdom:

On Art. 6:

In accordance with Article 6 (3), the United Kingdom states that requests for mutual assistance are to be sent to one of the three authorities which, on the basis of its declaration on Article 24 (1) (1) (1), is to be sent. b are designated as central authorities.

By way of derogation from this declaration, requests for legal assistance in tax and customs matters (including those relating to direct and indirect taxation, import and export) shall also be accepted by the Royal Tax and Customs Administration (HM) Revenue and Customs).

Information concerning a request, including the return of evidence, may be exchanged immediately between the requesting and the exporting authority.

On Art. 9:

In accordance with Article 9 (6), the United Kingdom requires the written consent of the detainee before a temporary transfer is approved.

On Art. 10:

In accordance with Article 10 (9), the United Kingdom does not apply Article 10 to the interrogations by videoconferencing in which a defendant is involved.

On Art. 18:

In accordance with Article 18 (7), the United Kingdom is bound by paragraph 6 only if it is not in a position to provide for direct forwarding.

On Art. 20:

The United Kingdom confirms its declaration made at the time of the signing of the Convention, which reads as follows, which constitutes an agreed part of the Convention:

" In the United Kingdom, Article 20 applies to ministerial surveillance orders addressed to the police service or customs and tax authorities, if in accordance with the national legislation on the supervision of the Communication traffic is the purpose of the arrangement in detecting serious criminal offences. It shall also apply to surveillance orders addressed to the Security Service if, in accordance with the provisions of national law, the security service acts in support of the identification of the characteristics set out in Article 20 (1). "

The reference to the customs and tax authority (HM Customs and Excise) is understood to be due to a change in the law by the Act on the Office of the Taxation and Customs Act 2005 (Commissioners for Revenue and Customs Act 2005) as a Reference to the Royal Tax and Customs Commissioners (Commissioners for HM Revenue and Customs).

On Art. 24:

In accordance with Article 24 (1), the United Kingdom declares that the authorities already referred to in the European Convention on Legal Assistance are responsible for the application of this Convention.

In addition, according to Article 24 (1) (1). b the following authorities central authorities within the meaning of Article 6 and for requests pursuant to Art. 6 (8):

-the Home Office for England and Wales,

-the Crown Office for Scotland,

-Northern Ireland Office (Northern Ireland Office).

According to Art. 24 (1) (lit). In addition to the authorities already listed, the following authorities shall be responsible for the application of Article 6 (5):

The Scottish Drugs Enforcement Agency [SDEA], the Chief Officers of Police in England and Wales, and the Chief Constable of the Northern Ireland Police Service.

In accordance with Article 6 (4), the United Kingdom confirms that such requests may be submitted via the National Central Office of the Interpol.

According to Art. 24 (1) (lit). e are the competent authorities under Articles 18, 19 and 20 for England and Wales of the Minister of the Interior (Secretary of State for the Home Department), Northern Ireland (Secretary of State for Northern Ireland), and Scotland Scottish Minister.

The round-the-clock contact point pursuant to Art. 20 (4) lit. d is the National Central Bureau of Interpol.

Cyprus:

In accordance with Article 24 of the Convention on Mutual Assistance in Criminal Matters, the Republic of Cyprus declares that the following authorities have been designated for the application of the provisions of the Convention between the Member States:

a)		the Ministry of Justice and Public Order for the application of Article 3 (1) of the Convention,
b)		the Ministry of Justice and Public Order and the head of the Cyprus Police Department for the application of Art. 6 and Article 6 (8) of the Convention,
c)		the head of the Cyprus Police Department, the Head of the Customs and Excise Division, the Anti-Money Laundering Unit, the Head of the Income Tax Department of the Tax Administration and the Central Bank of Cyprus for the Application of Article 6 (5) of the Convention,
d)		the Ministry of Justice and the Public of the Republic for the application of Article 6 (6) of the Convention,
e)		the Electronic Communications Department of the Ministry of Communications and Public Works, the Telecommunications and Postal Services Regulators and the Data Protection Officer for the purposes of Articles 18 and 19 and of Article 20 (1) to (5) of the Convention.

In accordance with Article 9 (6) of the Convention, the Republic of Cyprus declares that the agreement of Article 9 (1) requires the written consent of the agreement pursuant to Article 9 (1) of this Article.

In accordance with Article 28 (5) and Article 27 (5) of the Convention, the Republic of Cyprus declares that, if the Convention has not yet entered into force at the time of the deposit of that declaration, the Agreement in the relations between the The Republic of Cyprus and the other Member States which have made a declaration of the same content.

Gusenbauer