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Law Approving The Second Additional Protocol To The European Convention On Mutual Assistance In Criminal Matters, Done At Strasbourg On 8 November 2001 (1)

Original Language Title: Loi portant assentiment au Deuxième Protocole additionnel à la Convention européenne d'entraide judiciaire en matière pénale, fait à Strasbourg le 8 novembre 2001 (1)

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belgiquelex.be - Carrefour Bank of Legislation

18 FEBRUARY 2009. - Act enacting the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, done in Strasbourg on 8 November 2001 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Second Additional Protocol to the European Convention on Mutual Legal Assistance in Criminal Matters, done in Strasbourg on 8 November 2001, will come out of its full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 February 2009.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Justice,
S. DE CLERCK
Seal of the State Seal:
Minister of Justice,
S. DE CLERCK
____
Notes
(1) 2007-2008 and 2008-2009 session.
Senate.
Documents. - Bill tabled on 3 October 2008, No. 4-943/1.
Session 2008-2009.
Senate.
Documents. - Report, number 4-943/2.
Annales parliamentarians. - Discussion and voting: meeting of 4 December 2008.
Room.
Documents. - Project transmitted by the Senate, No. 52-1651/1. - Text adopted in plenary and subject to Royal Assent, No. 52-1651/2.
Annales parliamentarians. - Discussion and voting: meeting of 29 January 2009.

Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters
The States members of the Council of Europe, signatories to this Protocol,
Given their commitments under the Statute of the Council of Europe;
Desirous of helping to protect human rights, defend the rule of law and support the democratic fabric of society;
Considering that it is desirable for this to strengthen their individual and collective capacity to respond to crime;
Decided to improve and supplement in some respect the European Convention on Mutual Assistance in Criminal Matters, made in Strasbourg on 20 April 1959 (hereinafter referred to as the Convention), as well as its Additional Protocol, done in Strasbourg on 17 March 1978;
Taking into account the Convention for the Protection of Human Rights and Fundamental Freedoms, made in Rome on 4 November 1950, as well as the Convention for the Protection of Persons with regard to the automated processing of personal data, made in Strasbourg on 28 January 1981,
The following agreed:
CHAPTER I
Article 1
Scope
Article 1 of the Convention is replaced by the following provisions:
“1. The Parties undertake to mutually agree, in accordance with the provisions of this Convention and as soon as possible, the widest possible mutual legal assistance in any proceedings involving offences whose repression is, at the time the mutual assistance is requested, the jurisdiction of the judicial authorities of the requesting Party.
2. This Convention does not apply to the enforcement of arrest decisions, convictions or military offences that do not constitute ordinary offences.
3. Mutual legal assistance may also be granted in proceedings for acts that are punishable under the national law of the requesting Party or the requested Party in respect of offences prosecuted by administrative authorities whose decision may result in an appeal to a competent court, including in criminal matters.
4. Mutual legal assistance will not be denied on the sole ground that the facts of the case may involve the liability of a legal person in the requesting Party. »
Article 2
Presence of authority of the requesting Party
Article 4 of the Convention is supplemented by the following text, the original article 4 of the Convention constituting paragraph 1 and the following provisions:
“2. Requests for the presence of these authorities or persons in question should not be denied where such a presence tends to better meet the needs of the requesting Party and thereby avoid additional requests for assistance. »
Article 3
Temporary transfer of detained persons in the territory of the requesting Party
Article 11 of the Convention is replaced by the following provisions:
“1. Any detained person whose personal appearance for the purpose of instruction, excluding his or her appearance for the purposes of judgment, is requested by the requesting Party shall be temporarily transferred to his or her territory, provided that he or she is referred within the period specified by the requested Party and subject to the provisions of Article 12 of this Convention, to the extent that they may apply.
The transfer may be refused:
(a) if the detained person does not consent to it;
(b) if its presence is necessary in an ongoing criminal procedure in the territory of the requested Party;
(c) if his transfer is likely to extend his detention; or
(d) if other compelling considerations oppose its transfer to the territory of the requesting Party.
2. Subject to the provisions of Article 2 of this Convention, in a case provided for in paragraph 1, the transit of the person held by a territory of a third State shall be granted upon request, together with all relevant documents, addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party of the transit. Any Party may refuse to grant the transit of its nationals.
3. The transferred person shall remain in detention in the territory of the requesting Party and, where appropriate, in the territory of the requested Party of transit, unless the requested Party of the transfer requests its release. »
Article 4
Communication channels
Article 15 of the Convention is replaced by the following provisions:
“1. Requests for mutual legal assistance, as well as any spontaneous information, will be sent, in written form, by the Ministry of Justice of the requesting Party to the Department of Justice of the requested Party and returned by the same way. However, they may be addressed directly by the judicial authority of the requesting Party to the judicial authority of the requested Party and referred by the same way.
2. Requests under Article 11 of this Convention and those provided for in Article 13 of the Second Additional Protocol to this Convention shall be addressed in all cases by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party and referred by the same way.
3. Requests for mutual legal assistance in the proceedings referred to in article 1, paragraph 3, of this Convention may also be sent directly by the administrative or judicial authority of the requesting Party to the administrative or judicial authority of the requested Party, as the case may be, and referred by the same way.
4. Requests for mutual legal assistance under Articles 18 or 19 of the Second Additional Protocol to this Convention may also be addressed directly by the competent authority of the requesting Party to the competent authority of the requested Party.
5. Requests under article 13, paragraph 1, of this Convention may be sent directly by the relevant judicial authorities to the competent service of the requested Party, and responses may be referred directly by that service. The requests under Article 13, paragraph 2, of this Convention will be addressed by the Ministry of Justice of the requesting Party to the Department of Justice of the requested Party.
6. Requests for copies of the sentences and measures referred to in Article 4 of the Additional Protocol to the Convention may be sent directly to the competent authorities. Any Contracting State may, at any time, by declaration addressed to the Secretary General of the Council of Europe, indicate the authorities that it shall consider competent for the purposes of this paragraph.
7. In the event of an emergency and where direct transmission is permitted under this Convention, it may be carried out through the International Criminal Police Organization (Interpol).
8. Any Party may, at any time, by declaration addressed to the Secretary General of the Council of Europe, reserve the right to submit requests for mutual legal assistance to one or more of the following conditions:
(a) a copy of the application must be addressed to the designated central authority;
(b) the application, except where it is urgent, must be addressed to the designated central authority;
(c) in the case of a direct emergency transmission, a copy shall be communicated at the same time to the Department of Justice;
(d) some or all requests for mutual legal assistance must be addressed to it by means other than that provided for in this article.
9. Requests for mutual legal assistance or any other communication under this Convention or its Protocols may be made by electronic means of communication, or by any other means of telecommunications, provided that the requesting Party is prepared to produce at any time, upon request, a written record of the shipment and the original. However, any Contracting State may, at any time, by declaration addressed to the Secretary General of the Council of Europe, specify the conditions under which it is prepared to accept and implement requests received electronically or any other means of telecommunications.
10. This Article shall not affect the provisions of the bilateral agreements or arrangements in force between the Parties that the direct transmission of requests for mutual legal assistance between the authorities of the Parties is foreseen. »
Article 5
Fees
Article 20 of the Convention is replaced by the following provisions:
“1. Parties shall not mutually claim reimbursement of costs arising from the application of the Convention or its Protocols, except:
(a) costs incurred by experts in the territory of the requested Party;
(b) costs incurred by the transfer of detained persons under articles 13 or 14 of the Second Protocol to this Convention or article 11 of this Convention;
(c) significant or extraordinary costs.
2. However, the cost of establishing the video or telephone link, the costs of providing the video or telephone link in the requested Party, the remuneration of the interpreters it provides, and the compensation paid to witnesses and their travel expenses in the requested Party shall be reimbursed by the requesting Party to the requested Party, unless the Parties agree otherwise.
3. The Parties shall consult with a view to determining the conditions for payment of fees that may be claimed under the provisions of paragraph 1.c of this Article.
4. The provisions of this Article shall apply without prejudice to the application of the provisions of Article 10, paragraph 3, of this Convention. »
Article 6
Judicial authorities
Article 24 of the Convention is replaced by the following provisions:
"Every State, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, by declaration addressed to the Secretary General of the Council of Europe, shall indicate which authorities it shall consider as judicial authorities for the purposes of this Convention. Subsequently, he may, at any time and in the same way, change the terms of his statement. »
CHAPTER II
Article 7
Deferred application
1. The Requested Party may override the satisfaction of a request if it may have a negative impact on an investigation, prosecution or other related procedure conducted by its authorities.
2. Before denying or denying such assistance, the requested Party shall consider, if any after consulting the requesting Party, whether it may be granted in part or subject to such conditions as it deems necessary.
3. Any decision to suspend the mutual assistance is motivated. The requested Party shall also inform the requesting Party of the reasons that make it impossible for mutual assistance or that are likely to delay it significantly.
Article 8
Procedure
Notwithstanding the provisions of Article 3 of the Convention, where a request requires a formality or procedure imposed by the law of the requesting Party, even if the formality or procedure requested is not familiar with the requested Party, that Party shall give satisfaction to the request insofar as it is not contrary to the fundamental principles of its right, unless otherwise provided in this Protocol.
Article 9
Videoconferencing
1. If a person in the territory of a Party is to be heard as a witness or expert by the judicial authorities of another Party, the Party may request, if it is inappropriate or impossible for the person to hear to appear in person in its territory, that the hearing be held by videoconference in accordance with paragraphs 2 to 7.
2. The Requested Party consents to the hearing by videoconference provided that the use of this method is not contrary to the fundamental principles of its right and provided that it has the technical means to carry out the hearing. If the requested Party does not have the technical means for videoconferencing, the requesting Party may make them available to the requested Party with the consent of the requested Party.
3. Requests for hearing by videoconference contain, in addition to the information provided in article 14 of the Convention, the reason why it is not desirable or possible that the witness or expert be present in person at the hearing, the name of the judicial authority and the persons who will conduct the hearing.
4. The judicial authority of the Requested Party cites the appearance of the person concerned in the form provided for in its legislation.
5. The following rules apply to videoconferencing hearing:
(a) the hearing shall be held in the presence of a judicial authority of the requested Party, assisted as required by an interpreter; this authority is also responsible for the identification of the person heard and for respect for the fundamental principles of the law of the requested Party. If the judicial authority of the requested Party considers that the fundamental principles of the law of the requested Party are not respected during the hearing, it shall immediately take the necessary measures to ensure that the hearing continues in accordance with the said principles;
(b) the competent authorities of the requesting and requested Parties agree, where appropriate, measures relating to the protection of the person to be heard;
(c) the hearing shall be carried out directly by the judicial authority of the requesting Party, or under its direction, in accordance with its domestic law;
(d) at the request of the requesting Party or the person to be heard, the requested Party shall ensure that the person is, if necessary, assisted by an interpreter;
(e) the person to be heard may invoke the right not to testify who would be recognized by law either of the requested Party or of the requesting Party.
6. Without prejudice to all agreed measures with respect to the protection of persons, the judicial authority of the requested Party shall, at the conclusion of the hearing, establish a record of the date and place of the hearing, the identity of the person heard, the identities and qualities of all other persons of the requested Party who participated in the hearing, all possible oaths and the technical conditions under which the hearing is conducted. This document is transmitted by the competent authority of the requested Party to the competent authority of the requesting Party.
7. Each Party shall take the necessary measures to ensure that, where witnesses or experts are heard on its territory, in accordance with this article, and refuse to testify while they are required to do so, or make false statements, its national law shall apply as it would apply if the hearing took place in a national proceeding.
8. Parties may, if they so wish, also apply the provisions of this Article, where appropriate and with the consent of their competent judicial authorities, to videoconference hearings involving the person prosecuted or the suspect. In this case, the decision to hold the videoconferencing and the manner in which it takes place must be agreed between the Parties concerned and be consistent with their national law and international instruments in this regard. Hearings involving the person being prosecuted or the suspect may only take place if they consent.
9. Any Contracting State may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, declare that it does not intend to avail itself of the faculty, as provided for in paragraph 8 of this Article, to apply the provisions of this Article to videoconference hearings in which the person prosecuted or the suspect participates.
Article 10
Hearing by telephone conference
1. If a person in the territory of a Party is to be heard as a witness or expert by the judicial authorities of another Party, the Party may request, where its national law so provides, the assistance of the first Party so that the hearing may be held by telephone conference, in accordance with the provisions of paragraphs 2 to 6.
2. A hearing may only take place by telephone conference if the witness or expert agrees that the hearing is done by this means.
3. The requested Party consents to the hearing by telephone conference provided that the use of this method is not contrary to the fundamental principles of its right.
4. Requests for hearing by telephone conference contain, in addition to the information referred to in Article 14 of the Convention, the name of the judicial authority and the persons who will conduct the hearing and an indication that the witness or expert is willing to take part in a hearing by telephone conference.
5. The practical terms and conditions of the hearing are agreed by the Parties concerned. In accepting these terms, the requested Party shall:
(a) notify the witness or expert concerned of the time and place of the hearing;
(b) ensure the identification of the witness or expert;
(c) verify that the witness or expert accepts the hearing by telephone conference.
6. The requested State may give its consent subject to the application, in whole or in part, of the relevant provisions of Article 9, paragraphs 5 and 7.
Article 11
Spontaneous transmission of information
1. Without prejudice to their own investigations or procedures, the competent authorities of a Party may, without prior request, transmit to the competent authorities of another Party information collected in the course of their own investigation when they consider that the communication of such information could assist the receiving Party to initiate or carry out investigations or procedures, or where such information could result in a request made by that Party under the Convention or its protocols.
2. The Party providing the information may, in accordance with its national law, subject to certain conditions its use by the recipient Party.
3. The recipient Party is required to meet these conditions.
4. However, any Contracting State may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to submit to the conditions imposed under the provisions of paragraph 2 of this Article by the Party providing the information, unless it is notified in advance of the nature of the information to be provided and that it accepts that the information be transmitted to it.
Article 12
Restitution
1. The requested Party may, upon request of the requesting Party and without prejudice to the rights of third parties in good faith, make objects obtained by illicit means available to the requesting Party for their return to their legitimate owner.
2. As part of the application of articles 3 and 6 of the Convention, the Requested Party may waive, either before, or after surrender to the requesting Party, the reference of the objects that have been handed over to the requesting Party if this may promote the return of these objects to their legitimate owner. The rights of third parties in good faith are not affected.
3. In the event that the Requested Party renounces the return of the objects before they are handed over to the requesting Party, it does not assert any right of gage or other right of recourse arising from the tax or customs legislation on such objects.
4. A waiver pursuant to paragraph 2 shall not affect the right of the requested Party to legitimize taxes or customs duties.
Article 13
Temporary transfer of detained persons to the territory of the requested Party
1. In the event of an agreement between the competent authorities of the Parties concerned, a Party that has requested an instruction requiring the presence of a detained person in its territory may temporarily transfer that person to the territory of the Party in which the instruction is to take place.
2. The agreement provides for the terms and conditions of the temporary transfer of the person and the period in which the person must be returned to the territory of the requesting Party.
3. If it is required that the person concerned consent to the transfer, a declaration of consent or a copy thereof shall be provided without delay to the requested Party.
4. The transferred person shall remain in detention in the territory of the requested Party and, where appropriate, in the territory of the transit Party, unless the requesting Party of the transfer requests its release.
5. The period of detention in the territory of the requested Party shall be deducted from the duration of the detention to which the person concerned shall be held in the territory of the requesting Party.
6. Article 11, paragraph 2, and Article 12 of the Convention shall apply by analogy.
7. Any Contracting State may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, declare that, for the fulfilment of the agreement referred to in paragraph 1 of this Article, the consent referred to in paragraph 3 of this Article shall be required, or that it shall be required under certain conditions specified in the declaration.
Article 14
Personal comparison of convicted and transferred persons
The provisions of articles 11 and 12 of the Convention shall apply by analogy also to persons detained in the territory of the requested Party, following their transfer to serve a sentence pronounced on the territory of the requesting Party, when their personal appearance for the purpose of reviewing the judgment is requested by the requesting Party.
Article 15
Language of proceedings and judicial decisions to be handed over
1. The provisions of this Article shall apply to any request made under Article 7 of the Convention or Article 3 of its Additional Protocol.
2. Proceedings and judicial decisions are always delivered in the language, or languages, in which, or in which, they have been produced.
3. Notwithstanding the provisions of Article 16 of the Convention, if the authority that is at the origin of the documents knows, or has reasons to consider, that the consignee knows only another language, the documents, or at least the most important passages thereof, must be accompanied by a translation into that other language.
4. Notwithstanding the provisions of Article 16 of the Convention, proceedings and judicial decisions shall be accompanied, to the authorities of the requested Party, by a short summary of their content translated into the language, or one of the languages, of that Party.
Article 16
Postal surrender
1. The competent judicial authorities of any Party may send directly, by post, proceedings and judicial decisions, to persons in the territory of any other Party.
2. Procedural acts and judicial decisions are accompanied by a note indicating that the recipient may obtain from the authority identified in the note of information on his rights and obligations regarding the delivery of the documents. The provisions of Article 15, paragraph 3, of this Protocol shall apply to this note.
3. The provisions of Articles 8, 9 and 12 of the Convention shall apply by analogy to posting.
4. The provisions of Article 15, paragraphs 1, 2 and 3, of this Protocol also apply to posting.
Article 17
Cross-border observation
1. Agents of one of the Parties who, as part of a judicial investigation, observe in their country a person presumed to have participated in a punishable act that may result in extradition, or a person in respect of whom there are substantial grounds for believing that he or she may lead to the identification or location of the person referred to above shall be allowed to continue that observation on the territory of another party, where the person authorized to act as a mutual assistance. Authorization may be subject to conditions.
Upon request, the observation shall be entrusted to the agents of the Party in whose territory it is carried out.
The request for mutual legal assistance referred to in paragraph 1 shall be addressed to an authority designated by each Party and competent to grant or transmit the requested authorization.
2. Where, for particularly urgent reasons, the prior authorization of the other Party may not be requested, observers acting in the course of a judicial investigation are authorized to continue beyond the border the observation of a person presumed to have committed punishable acts and listed in paragraph 6, under the following conditions:
(a) the border crossing shall be communicated immediately during the observation to the authority of the Party designated in paragraph 4, on the territory of which the continued observation;
(b) a request for mutual legal assistance submitted pursuant to paragraph 1 and setting out the grounds for crossing the border, without prior authorization, shall be forwarded without delay.
The observation shall be stopped as soon as the Party on the territory of which the request is made, following the communication referred to in point a, or at the request referred to in point b, or if the authorization is not obtained five hours after the crossing of the border.
3. The observation referred to in paragraphs 1 and 2 may only be exercised under the following general conditions:
(a) Observers shall comply with the provisions of this article and the law of the Party in the territory of which they operate; they must comply with the local authorities' orders.
(b) Subject to the circumstances set out in paragraph 2, officers shall be in possession during the observation of a document certifying that the authorization has been granted.
(c) Observers should be able to justify at any time their official status.
(d) Observer agents may carry their service weapon during observation, unless the requested Party decides otherwise; its use is prohibited except in the case of self-defence.
(e) Entry into homes and places not accessible to the public is prohibited.
(f) Observer agents cannot arrest or arrest the observed person.
(g) Any operation shall be reported to the authorities of the Party in the territory of which it intervened; personal appearance of observers may be required.
(h) The authorities of the Party whose Observer Agents are originating shall, when requested by the authorities of the Party in the territory of which the observation took place, assist in the investigation following the operation in which they participated, including the judicial proceedings.
4. Any Party, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, by declaration addressed to the Secretary General of the Council of Europe, shall indicate, on the one hand, which agents and, on the other, which authorities it designates for the purposes of paragraphs 1 and 2 of this article. Subsequently, any Party may, at any time and in the same manner, change the terms of its declaration.
5. Parties may, on a bilateral basis, extend the scope of this Article and adopt additional provisions in accordance with this Article.
6. The observation as referred to in paragraph 2 may only take place for one of the subsequent punishable acts:
- murder;
- murder;
- rape;
- voluntary fire;
- false currency;
- aggravated flight and recel;
- extortion;
- kidnapping and hostage taking;
- trafficking in human beings;
- illicit trafficking in narcotic drugs and psychotropic substances;
- violation of legal provisions on arms and explosives;
- explosive destruction;
- illegal transport of toxic and harmful wastes;
- foreign traffic,
- sexual abuse of children.
Article 18
Monitored delivery
1. Each Party undertakes to ensure that, at the request of another Party, controlled deliveries may be authorized in its territory in criminal investigations into offences that may result in extradition.
2. The decision to use controlled deliveries is taken in each case by the competent authorities of the requested Party, in accordance with the national law of that Party.
3. The controlled deliveries are carried out in accordance with the procedures provided by the requested Party. The authority to act, direction and control of the operation shall be vested in the competent authorities of the requested Party.
4. Any Party, when depositing its instrument of ratification, acceptance, approval or accession, by declaration addressed to the Secretary General of the Council of Europe, shall indicate the authorities that it designates as competent for the purposes of this Article. Subsequently, any Party may, at any time and in the same manner, change the terms of its declaration.
Article 19
Discreet investigations
1. The requesting Party and the requested Party may agree to assist in carrying out criminal investigations conducted by secret or fictional agents (discreet investigations).
2. The competent authorities of the requested Party shall, in each case of a species, decide the response to the request, taking due account of the law and national procedures. Both Parties shall agree, in accordance with their law and national procedures, the duration of the discrete investigation, its specific terms and the legal status of the agents concerned.
3. Discrete investigations are conducted in accordance with the law and national procedures of the Party in the territory of which they are conducted. The Parties concerned shall cooperate in their preparation and management, and to make arrangements for the safety of secret or fictitious agents.
4. Any Party, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, by declaration addressed to the Secretary General of the Council of Europe, shall indicate the authorities that it designates as competent for the purposes of paragraph 2 of this article. Subsequently, any Party may, at any time and in the same manner, change the terms of its declaration.
Rule 20
Joint fact-finding teams
1. The competent authorities of at least two Parties may, in common agreement, establish a joint investigation team, with a specific objective and for a limited period of time that may be extended with the agreement of all Parties, to conduct criminal investigations in one or more of the Parties that create the team. The composition of the team is stopped in the agreement.
A joint investigation team can be created when:
(a) in the course of an investigation conducted by a Party to detect offences, it is necessary to conduct difficult investigations and involve the mobilization of important means, which also involve other Parties;
(b) Several Parties carry out investigations into offences that, because of the facts behind them, require coordinated and concerted action in the Parties in question.
The request for the establishment of a joint investigation team may come from any Party concerned. The team is established in one of the Parties in which the investigation is to be conducted.
2. In addition to the guidance provided in the relevant provisions of Article 14 of the Convention, requests for the establishment of a joint investigation team include proposals for the composition of the team.
3. The joint investigation team is involved in the territory of the Parties that create it under the following general conditions:
(a) the team leader is a representative of competent authority B participating in the Party's criminal investigations B in the territory of which the team intervenes. The team leader acts within the limits of the competences of the team under national law;
(b) the team conducts its operations in accordance with the law of the Party in the territory of which it intervenes. Team members and team detached members carry out their duties under the responsibility of the person referred to in point a, taking into account the conditions set by their own authorities in the team creation agreement;
(c) the Party in whose territory the team intervenes creates the organizational conditions necessary to enable it to do so.
4. In this article, the members of the joint investigation team from the Party on the territory of which the team intervenes are designated as "members", while members from Parties other than the territory of which the team intervenes are designated as "supplied members".
5. Members detached from the Joint Investigation Team are entitled to be present when investigative actions are taken in the Response Party. However, the team leader may, for specific reasons, decide otherwise, in accordance with the Party's right to the territory of which the team intervenes.
6. Members detached from the joint investigation team may, in accordance with the law of the Response Party, be entrusted, by the team leader, with the task of taking certain investigative measures, with the consent of the competent authorities of the Response Party and the Party which proceeded to the detachment.
7. Where the Joint Investigation Team requires that investigative action be taken in one of the Parties that created it, the members who are seconded to the team by that Party may request their competent authorities to take such action. These measures are considered in the Party in question under the conditions that would apply if requested in a national survey.
8. Where the joint investigation team needs the assistance of a Party other than those that created it, or of a third State, the request for assistance may be sent by the competent authorities of the State of intervention to their counterparts of the other State concerned, in accordance with the relevant instruments or arrangements.
9. A member with the joint investigation team may, in accordance with its national law and within the limits of its competence, provide the team with information that is available in the Party that has detached it for the purpose of the criminal investigations conducted by the team.
10. The information obtained on a regular basis by a member or a detached member as part of his/her participation in a joint investigation team, which cannot otherwise be obtained by the competent authorities of the Parties concerned, may be used for the following purposes:
(a) for the purpose for which the team was established;
(b) to detect, investigate and prosecute other criminal offences subject to the prior consent of the Party where the information was obtained. Consent may be denied only in cases where such use would constitute a danger to criminal investigations in the Party concerned, or for which that Party may refuse assistance;
(c) to prevent an immediate and serious danger to public security and without prejudice to the provisions of sub-item (b) if, thereafter, a criminal investigation is initiated;
(d) for other purposes, provided that it was agreed by the Parties that established the team.
11. The provisions of this section do not affect other existing provisions or arrangements relating to the creation or intervention of joint investigation teams.
12. To the extent that the law of the Parties concerned or the provisions of any legal instrument applicable between them permit, arrangements may be made for persons other than representatives of the competent authorities of the Parties that create the joint investigation team to participate in the activities of the team. The rights conferred on members and members detached from the team under this section shall not apply to such persons, unless otherwise expressly stated in the agreement.
Article 21
Criminal accountability for civil servants
During the operations referred to in Articles 17, 18, 19 and 20, officials of a Party other than the Intervention Party shall be considered to the agents of the Party in respect of the offences against which they would be victims or committed, unless otherwise agreed between the Parties concerned.
Article 22
Civil liability for civil servants
1. Where, in accordance with Articles 17, 18, 19 and 20, officials of a Party are on a mission to the territory of another Party, the first Party shall be liable for the damage they cause during the course of the mission, in accordance with the law of the Party on whose territory they operate.
2. The Party in whose territory the damage referred to in paragraph 1 is caused shall take the compensation of such damage under the conditions applicable to the damage caused by its own agents.
3. The Party whose civil servants have caused damage to any person in the territory of another Party shall pay in full to that Party the sums it has paid to the victims or their beneficiaries.
4. Without prejudice to the exercise of its rights to third parties and with the exception of paragraph 3, each Party shall, in the case provided for in paragraph 1, waive the claim to another Party for reimbursement of the amount of the damage it suffered.
5. The provisions of this Article shall apply provided that the Parties have not agreed otherwise.
Article 23
Protection of witnesses
Where a Party makes a request for assistance under the Convention or any of its Protocols concerning a witness who may be exposed to intimidation or who needs protection, the competent authorities of the requesting Party and those of the requested Party shall do their best to agree on measures to protect the person concerned, in accordance with their national law.
Article 24
Provisional measures
1. At the request of the requesting Party, the requested Party, in accordance with its national law, may order interim measures to preserve evidence, maintain an existing situation, or protect threatened legal interests.
2. The requested Party may apply in part or subject to conditions, including by limiting the duration of the measures taken.
Rule 25
Confidentiality
The requesting Party may request the requested Party to ensure that the request and its content remain confidential, except to the extent that it is not compatible with the execution of the request. If the requested Party cannot comply with the confidentiality requirements, it shall promptly inform the requesting Party.
Rule 26
Data protection
1. The personal data transmitted from one Party to another as a result of an application under the Convention or one of its protocols cannot be used by the Party to which they were transmitted:
(a) for the purposes of procedures to which the Convention or any of its protocols applies, and
(b) for the purposes of other judicial or administrative procedures directly related to the procedures referred to in point a, and
(c) to prevent an immediate and serious danger to public security.
2. Such data may, however, be used for any other purpose, after prior consent, either of the Party that transmitted the data or of the data subject.
3. Any Party may refuse to transmit data obtained as a result of the application under the Convention or any of its protocols, where
- such data are protected under its national law and
- that the Party to which the data should be transmitted is not bound by the Convention for the Protection of Persons with regard to the automated processing of personal data, made in Strasbourg on 28 January 1981, unless the latter Party undertakes to grant the data the same protection granted to them by the first Party.
4. Any Party that transmits data obtained as a result of the execution of an application under the Convention or any of its Protocols may require the Party to which the data is transmitted to inform the Party of its use.
5. Any Party may, by a declaration addressed to the Secretary General of the Council of Europe, require that, in the course of procedures for which it may have refused or restricted the transmission or use of personal data in accordance with the provisions of the Convention or any of its protocols, the personal data it transmits to another Party shall be used by that Party for the purposes referred to in paragraph 1 only with its prior agreement.
Rule 27
Administrative authorities
Any Party may, at any time, by declaration addressed to the Secretary General of the Council of Europe, indicate which authorities it shall consider as administrative authorities within the meaning of Article 1, paragraph 3, of the Convention.
Rule 28
Relationship with other treaties
The provisions of this Protocol do not impede the more detailed rules contained in bilateral or multilateral agreements between Parties pursuant to Article 26, paragraph 3, of the Convention.
Rule 29
Amicable rules
The European Committee for Criminal Problems will monitor the interpretation and application of the Convention and its protocols, and will facilitate, as appropriate, the friendly settlement of any difficulty of application.
CHAPTER III
Rule 30
Signature and entry into force
1. This Protocol is open for signature by member States of the Council of Europe that are Parties to the Convention or have signed it. It is subject to ratification, acceptance or approval. A signatory may not ratify, accept or approve this Protocol without having previously or simultaneously ratified, accepted or approved the Convention. Instruments of ratification, acceptance or approval are to be deposited with the Secretary General of the Council of Europe.
2. This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the deposit of the third instrument of ratification, acceptance or approval.
3. For any signatory State that subsequently deposits its instrument of ratification, acceptance or approval, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit.
Rule 31
Access
1. Any non-member State that has acceded to the Convention may accede to this Protocol after the entry into force of this Protocol.
2. Such accession shall be made by the deposit of the instrument of accession to the Secretary General of the Council of Europe.
3. The Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession.
Rule 32
Territorial application
1. Any State may, when signing this Protocol or depositing its instrument of ratification, acceptance, approval or accession, specify the territory(s) to which the Protocol applies.
2. Any State may, at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory specified in that declaration. In respect of the said territory, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.
3. Any declaration made under the preceding two paragraphs may be withdrawn, with respect to any territory designated in that declaration, by notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.
Rule 33
Reservations
1. Any reservation made by a Party in respect of a provision of the Convention or its Protocol shall also apply to this Protocol, unless that Party expresses its intention to the contrary at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession. The same applies to any declaration made in respect of or under a provision of the Convention or its Protocol.
2. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare to avail itself of the right not to accept, in whole or in part, one or more of articles 16, 17, 18, 19 and 20. No other reservation is allowed.
3. Any State may withdraw all or part of the reservations it has made in accordance with the preceding paragraphs, with a statement to the Secretary General of the Council of Europe beginning on the date of its receipt.
4. The Party that has made a reservation with respect to any of the articles referred to in paragraph 2 of this article may not claim the application of this article by another Party. However, it may, if the reservation is partial or conditional, claim the application of this article to the extent that it has accepted it.
Rule 34
Denunciation
1. Any Party may, to the extent it is concerned, denounce this Protocol by notification addressed to the Secretary General of the Council of Europe.
2. This denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date on which the Secretary General has received notification.
3. The denunciation of the Convention automatically results in the denunciation of this Protocol.
Rule 35
Notifications
The Secretary General of the Council of Europe shall notify the Member States of the Council of Europe and any State which has acceded to this Protocol:
(a) any signature;
(b) the deposit of any instrument of ratification, acceptance, approval or accession;
(c) any effective date of this Protocol in accordance with Articles 30 and 31;
(d) any other acts, declarations, notifications or communications relating to this Protocol.
In faith, the undersigned, duly authorized to do so, have signed this Protocol.
Done in Strasbourg on 8 November 2001, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies thereof to each member State of the Council of Europe and to any non-member State that has acceded to the Convention.

Reservations and declarations
Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, done at Strasbourg on 8 November 2001
Reservation for Article 3
"With respect to Article 3 of the Protocol, the Government of the Kingdom of Belgium will grant the temporary transfer under this Article only if it is a person who is subject to a final sentence on its territory, excluding any person in pre-trial detention. »
Declaration on Article 4
"In accordance with § 8 of Article 4 of the Protocol, the Government of the Kingdom of Belgium declares that it imposes the transmission of any request for mutual legal assistance, except where it is urgent, to the central authority of the Federal Public Service Justice. »
Declaration on Article 11
"In accordance with § 4 of Article 11 of the Protocol, the Government of the Kingdom of Belgium declares that it reserves the right not to submit to the conditions imposed under § 2 of the same Article by the Party providing the information, unless it has been notified in advance of the nature of the information to be provided and has accepted the transmission of the information. »
Reservation for Article 13
"The Government of the Kingdom of Belgium will not grant the temporary transfer provided for in Article 11, unless it is a person who suffers a sentence in its territory and if special considerations do not oppose it. »
Declaration on Article 13
"In accordance with § 7 of Article 13 of the Protocol, the Government of the Kingdom of Belgium declares that it will grant the temporary transfer provided for in this article only with the consent of the detained person and, as long as the detained person is subject to a final sentence on its territory, excluding any person in pre-trial detention. »
Reservation relating to articles 17, 18, 19 and 20
"With respect to Articles 17, 18, 19 and 20 of the Protocol, the Government of the Kingdom of Belgium intends to avail itself of the possibility offered by Article 33, § 2, not to accept the use of border observation, controlled delivery, discrete investigation and joint investigative teams only for the following punishable acts: arms and drugs trafficking, human trafficking, pedophilia and terrorism.
Any use of these four specific research methods in Belgian territory should also be carried out by the only competent Belgian agents.
Pursuant to § 4 of the same articles 17, 18, 19 and 20, the Government of the Kingdom of Belgium declares that the Federal Prosecutor is designated as the competent Belgian judicial authority for the implementation of requests for mutual assistance involving the use of these particular research methods. "
Declaration on Article 26
"In accordance with § 5 of Article 26 of the Protocol, the Government of the Kingdom of Belgium declares that, in the framework of procedures for which Belgium could refuse or limit the transmission or use of personal data in accordance with the provisions of the Convention or one of its protocols, the personal data it transmits to another Party shall not be used by that Party for the purposes referred to in paragraph 1er Article 26 of the Protocol only with its prior agreement. "

Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, done at Strasbourg on 8 November 2001