29 JANVIER 2002. - Act enacting the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, done in Strasbourg on 17 March 1978 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, done in Strasbourg on 17 March 1978, will come out of its full effect.
Promulgation of this law, let us order that it be clothed with the seal to the State and published by the Belgian Monitor.
Given in Brussels, 29 January 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2000-2001.
Senate.
Documents. - Bill tabled on 21/08/2001, No. 2-889/1
(1) Session 2001-2002.
Senate.
Report, no. 2-889/2. - Text adopted by the Commission.
Annales parlementaire. - Discussion and vote, meeting of 29/11/2001
House of Representatives.
Documents. - Project transmitted by the Senate, No. 50-1541/1
Report. Text adopted in plenary and subject to Royal Assent, No. 50-1541/2
Annales parliamentarians. - Discussion.
Session of 18/12/2001. Vote meeting of 20/12/2001.
Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters
The States members of the Council of Europe, signatories to this Protocol,
Desirous of facilitating the application of the European Convention on Mutual Assistance in Criminal Matters for signature in Strasbourg on 20 April 1959 (hereinafter referred to as the "Convention");
Considering also that it is appropriate to supplement the Convention in certain other respects,
The following agreed:
PART I
Article 1^er
Contracting Parties shall not exercise the right under Article 2.a of the Convention to refuse mutual legal assistance on the sole ground that the application relates to an offence that the requested Party considers to be a tax offence.
Article 2
1. In the event that a Contracting Party has reserved the right to submit the execution of the rogatory commissions for the purpose of searching or seizure of objects provided that the offence driving the rogatory commission is punishable under the law of the requesting Party and the requested Party, that condition shall be fulfilled with respect to tax offences if the offence is punishable under the law of the requesting Party and corresponds to the law of the requesting Party and
2. The application may not be rejected on the ground that the legislation of the requested Party does not impose the same type of taxes or taxes, or does not contain the same type of tax, customs and exchange regulations as the legislation of the requesting Party.
PART II
Article 3
The Convention will also apply:
(a) the notification of acts for the execution of a sentence, the recovery of a fine or the payment of procedural fees;
(b) measures relating to the stay of a sentence or its execution, the conditional release, the dismissal of the execution of the sentence or the interruption of its execution.
PART III
Article 4
Article 22 of the Convention is supplemented by the following text, the original article 22 of the Convention comprising paragraph 1 and the following provisions:
“2. In addition, any Contracting Party that has given the above-mentioned notices shall, upon its request, transmit to the interested Party, in particular cases, a copy of the sentences and measures referred to therein, as well as any other information referred to therein, to enable it to examine whether they require domestic action. This communication will be made between the relevant Ministries of Justice. »
PART IV
Article 5
1. This Protocol is open for signature by the States members of the Council of Europe that have signed the Convention. It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
2. The Protocol will enter into force 90 days after the date of deposit of the third instrument of ratification, acceptance or approval.
3. It shall enter into force with respect to any signatory State that will ratify, accept or approve it at a later date 90 days after the date of deposit of its instrument of ratification, acceptance or approval.
4. A Member State of the Council of Europe may not ratify, accept or approve this Protocol without having simultaneously or previously ratified the Convention.
Article 6
1. Any State that has acceded to the Convention may accede to this Protocol after its entry into force.
2. The accession shall be effected by the deposit, near the Secretary General of the Council of Europe, of an instrument of accession which shall take effect 90 days after the date of its deposit.
Article 7
1 .Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Protocol shall apply.
2. Any State may, at the time of deposit of its instrument of ratification, acceptance, approval or accession, or at any other time thereafter, extend the application of this Protocol, by declaration addressed to the Secretary General of the Council of Europe, to any other territory designated in the declaration and to which it provides international relations or for which it is authorized to provide.
3. Any declaration made under the preceding paragraph may be withdrawn, with respect to any territory designated in that declaration, by notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect six months after the date of receipt of the notification by the Secretary General of the Council of Europe.
Article 8
1. The reservations made by a Contracting Party concerning a provision of the Convention 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 statements made under Article 24 of the Convention.
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 that it reserves the right to:
(a) not to accept Title I, or to accept it only in respect of certain offences or categories of offences referred to in section 1, or not to execute the rogatory commissions for the purpose of searching or seizure of objects in respect of tax offences;
(b) not to accept Title II;
(c) not to accept Title III.
3. Any Contracting Party that has made a reservation under the preceding paragraph may withdraw it by means of a declaration addressed to the Secretary General of the Council of Europe and that will take effect on the date of its receipt.
4. A Contracting Party that has applied to this Protocol a reservation made with respect to a provision of the Convention or that has formulated a reservation with respect to a provision of this Protocol shall not claim to the application of that provision by another Contracting Party; However, if the reservation is partial or conditional, it may apply this provision to the extent that it has accepted it.
5. No other reservation is permitted to the provisions of this Protocol.
Article 9
The provisions of this Protocol do not impede the more detailed rules contained in bilateral or multilateral agreements concluded between Contracting Parties pursuant to Article 26, paragraph 3, of the Convention.
Article 10
The European Committee for Criminal Problems of the Council of Europe will follow the implementation of this Protocol and will facilitate as much as necessary the friendly settlement of any difficulties to which the execution of the Protocol would take place.
Article 11
1. Any Contracting Party may, with respect to it, denounce this Protocol by sending a notification to the Secretary General of the Council of Europe.
2. The denunciation shall take effect six months after the date of receipt of the notification by the Secretary-General.
3. The denunciation of the Convention automatically results in the denunciation of this Protocol.
Article 12
The Secretary General of the Council of Europe shall notify the States members of the Council and any State that has acceded to the Convention:
(a) any signature of this Protocol;
(b) the deposit of any instrument of ratification, acceptance, approval or accession;
(c) any effective date of this Protocol in accordance with Articles 5 and 6;
(d) any declaration received pursuant to paragraphs 2 and 3 of Article 7;
(e) any declaration received under the provisions of paragraph 1 of Article 8;
(f) any reservation made pursuant to the provisions of paragraph 2 of Article 8;
(g) the withdrawal of any reservation made pursuant to the provisions of paragraph 3 of Article 8;
(h) any notification received under the provisions of Article 11 and the date on which the denunciation takes effect.
In faith, the undersigned, duly authorized to do so, have signed this Protocol.
Done in Strasbourg on 17 March 1978, 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 to each of the signatories and members.
Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, done in Strasbourg on 17 March 1978
LIST OF LIES
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