17 FEBRUARY 2002. - An Act to grant the following International Acts: 1° Convention, established on the basis of Article K.3 of the Treaty on the European Union on the protection of the financial interests of the European Communities, made in Brussels on 26 July 1995. 2° Protocol, based on Article K.3 of the Treaty on the European Union, to the Convention on the Protection of the Financial Interests of the European Communities, made in Dublin on 27 September 1996. 3° Second Protocol, based on Article K.3 of the Treaty on the European Union, to the Convention on the Protection of the Financial Interests of the European Union, and Joint Declaration, made in Brussels on 19 June 1997. 4th Protocol, based on Article K.3 of the Treaty on the European Union, concerning the pre-judicial interpretation by the Court of Justice of the European Communities of the Convention on the Protection of the Financial Interests of the European Communities, and Declaration, made in Brussels on 29 November 1996. 5° Convention, based on Article K.3, paragraph 2 (c), of the Treaty on the European Union, on the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union, made in Brussels on 26 May 1997 (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 Convention, based on Article K.3 of the Treaty on the European Union, on the protection of the financial interests of the European Communities, made in Brussels on 26 July 1995, will come out its full and full effect.
Art. 3. The Protocol, based on Article K.3 of the Treaty on the European Union, to the Convention on the Protection of the Financial Interests of the European Communities, made in Dublin on 27 September 1996, will come out its full and full effect.
Art. 4. The Second Protocol, based on Article K.3 of the Treaty on the European Union, to the Convention on the Protection of the Financial Interests of the European Communities, and the Joint Declaration, made in Brussels on 19 June 1997, will come out their full and full effect.
Art. 5. The Protocol, established on the basis of Article K.3 of the Treaty on the European Union, concerning the pre-judicial interpretation by the Court of Justice of the European Communities of the Convention on the Protection of the Financial Interests of the European Communities, and the Declaration, made in Brussels on 29 November 1996, will come out their full and full effect.
Art. 6. The Convention, established on the basis of Article K.3, paragraph 2 (c) , of the Treaty on the European Union , on the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union, made in Brussels on 26 May 1997, will come out its full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 February 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
____
Note
(1) Session 2000-2001.
Senate.
Documents. - Bill tabled on 31 July 2001, 2-885 - No. 1.
Session 2001-2002.
Senate.
Documents. - Report, 2-885 - No. 2.
Annales parliamentarians. - Discussion and voting. Session of October 18, 2001.
Room.
Documents. - Project transmitted by the Senate, 50-1466 - No. 1. - Text adopted in plenary and subject to Royal Assent, 50-1466 - No. 2.
Annales parliamentarians. - Discussion. Session of December 18, 2001. - Vote. Session of December 20, 2001.

Convention established on the basis of Article K.3 of the Treaty on the European Union on the protection of the financial interests of the European Communities
The High Contracting Parties to this Convention, Member States of the European Union,
Referring to the act of the Council of the European Union of 26 July 1995,
Desiring to ensure that their criminal legislation effectively contributes to the protection of the financial interests of the European Communities;
Noting that fraud affecting community revenues and expenditures is not limited in many cases to one country and is often the result of organized criminal channels;
Convinced that the protection of the financial interests of the European Communities requires that any fraudulent conduct that infringes on the interests in question should lead to criminal prosecution and that, for that purpose, a common definition be adopted;
Convinced of the need to erect these behaviours as criminal offences punishable by effective, proportionate and deterrent criminal sanctions, without prejudice to the application of other sanctions in certain appropriate cases, and to provide, at least in serious cases, custodial penalties that may result in extradition;
Recognizing that companies play an important role in the areas funded by the European Communities and that persons with decision-making power in companies should not escape criminal liability in certain circumstances;
Determined to fight together against fraud affecting the financial interests of the European Communities by making commitments in terms of competence, extradition and mutual cooperation,
Consistent with the following provisions:
Article 1^er
General provisions
1. For the purposes of this Agreement, is a fraud that infringes the financial interests of the European Communities:
(a) in respect of expenses, any intentional act or omission relating to:
- the use or presentation of false, inaccurate or incomplete statements or documents, having the effect of undue collection or retention of funds from the general budget of the European Communities or from the budgets managed by the European Communities or on their behalf;
- the non-communication of information in violation of a specific obligation, having the same effect;
- the diversion of such funds for purposes other than those for which they were initially granted;
(b) in respect of income, any intentional act or omission relating to:
- the use or presentation of false, inaccurate or incomplete statements or documents, having the effect of the illegal decrease in the resources of the general budget of the European Communities or of the budgets managed by the European Communities or on their behalf;
- the non-communication of information in violation of a specific obligation, having the same effect;
- the diversion of a legally obtained advantage, having the same effect.
2. Subject to article 2, paragraph 2, each Member State shall take the necessary and appropriate measures to transpose into domestic criminal law the provisions of paragraph 1^er so that the behaviours they aim to be criminalized.
3. Subject to Article 2, paragraph 2, each Member State shall also take the necessary measures to ensure that the establishment or intentional provision of false, inaccurate or incomplete statements or documents having the effect referred to in paragraph 1^er are criminalized if they are not already punishable as a principal offence or as a complicity, instigation or attempted fraud as defined in paragraph 1^er.
4. The intentional nature of an act or omission referred to in paragraphs 1^er and 3 may result from objective factual circumstances.
Article 2
Sanctions
1. Each Member State shall take the necessary measures to ensure that the conduct referred to in Article 1^er, as well as complicity, instigation or attempted conduct referred to in section 1^er paragraph 1^er, shall be liable to effective, proportionate and deterrent criminal sanctions, including, at least in cases of serious fraud, custodial penalties that may result in extradition, on the understanding that any fraud in respect of a minimum amount to be determined in each Member State must be considered a serious fraud. This minimum amount cannot be fixed to more than 50,000 epics.
2. However, a Member State may provide, for cases of minor fraud involving a total amount of less than 4,000 epics and not having special circumstances of gravity under its legislation, for sanctions of a different nature than those provided for in paragraph 1^er.
3. The Council of the European Union, unanimously deciding, may amend the amount referred to in paragraph 2.
Article 3
Criminal accountability of business leaders
Each Member State shall take the necessary measures to ensure that the heads of business or any person with the power of decision or control within a company may be declared criminally liable according to the principles defined by its domestic law, in the event of fraudulent acts committed against the financial interests of the European Communities, as referred to in Article 1^erby a person subject to their authority on behalf of the company.
Article 4
Jurisdiction
1. Each Member State shall take the necessary measures to establish its jurisdiction over the offences established in accordance with Article 1^er and Article 2, paragraph 1^er where:
- fraud, participation in fraud or attempted fraud affecting the financial interests of the European Communities is committed, in whole or in part, in its territory, including the case of fraud in which the gain has been realized in that territory,
- a person in his or her territory knowingly participates or encourages the commission of such fraud in the territory of any other State,
- the perpetrator of the offence is a national of the Member State concerned, on the understanding that the legislation of that Member State may provide that the conduct is also punishable in the country where it took place.
2. Any Member State may declare, at the time of notification referred to in Article 11, paragraph 2, that it does not apply the rule set out in paragraph 1^er third drawer of this article.
Article 5
Extradition and prosecution
1. Any Member State that, under its legislation, does not extradite its own nationals shall take the necessary measures to establish its jurisdiction over the offences it has instituted in accordance with Article 1^er and Article 2 (1)^er when committed by its own nationals outside its territory.
2. Each Member State shall, where one of its nationals is presumed to have committed in another Member State a criminal offence consisting of conduct as described in Article 1^er and Article 2, paragraph 1^er and that he does not extradite this person to that other Member State solely because of his nationality, submit the case to his competent authorities for prosecution, if applicable. In order to allow prosecution, the files, information and objects relating to the offence are sent in accordance with the terms set out in Article 6 of the European Extradition Convention. The requesting Member State will be informed of the proceedings and their results.
3. A Member State may not refuse extradition in the event of fraud affecting the financial interests of the European Communities on the sole ground that it is an offence in respect of taxes or customs duties.
4. For the purposes of this article, the words "nationals of a Member State" shall be interpreted in accordance with any declaration made by that State under Article 6, paragraph 1^er point (b) of the European extradition agreement and paragraph 1^er (c) of the same article.
Article 6
Cooperation
1. If a fraud as defined in section 1^er constitutes a criminal offence and involves at least two Member States, the latter effectively cooperate in the investigation, prosecution and enforcement of the sanction imposed by, for example, mutual legal assistance, extradition, transfer of prosecutions or enforcement of judgments pronounced in another Member State.
2. Where an offence falls within the jurisdiction of more than one Member State and any of these States may validly prosecute on the basis of the same facts, the Member States concerned shall cooperate to decide which of them shall pursue the perpetrator(s) of the offence, with the aim of centralizing, if possible, the prosecution in a single Member State.
Article 7
Ne bis in idem
1. The Member States apply in domestic criminal law the principle n bis in idem under which a person who has been permanently tried in a Member State may not be prosecuted for the same acts in another Member State, provided that, in the event of a conviction, the penalty has been executed, is being executed or cannot be executed according to the law of the sentencing State.
2. Any Member State may declare, at the time of notification referred to in Article 11, paragraph 2, that it is not bound by paragraph 1^er in one or more of the following cases:
(a) where the facts referred to in the foreign judgment took place, either in whole or in part, in its territory. In the latter case, however, this exception does not apply if these facts occurred in part in the territory of the Member State where the judgment was rendered;
(b) where the facts referred to in the judgment rendered abroad constitute an offence against security or other equally essential interests of that Member State;
(c) where the facts referred to in the foreign judgment were committed by an official of that Member State in violation of his or her obligations.
3. Exceptions that have been the subject of a declaration under paragraph 2 shall not apply where the Member State concerned has, for the same facts, requested the prosecution of the other Member State or granted the extradition of the person concerned.
4. Bilateral or multilateral agreements between member States on this matter and their statements are not affected by this article.
Article 8
Court of Justice
1. Any dispute between Member States concerning the interpretation or application of this Convention shall, in a first step, be considered within the Council in accordance with the procedure set out in Part VI of the Treaty on the European Union for a solution.
Upon the expiration of six months, if a solution could not be found, the Court of Justice of the European Communities may be seized by a party to the dispute.
2. Any disputes relating to articles 1^er or 10 of this Agreement between one or more Member States and the Commission of the European Communities that could not be settled by negotiation can be submitted to the Court of Justice.
Article 9
Internal provisions
Nothing in this Convention prevents Member States from adopting provisions of domestic law that go beyond the obligations under this Convention.
Article 10
Communication
1. The Member States shall communicate to the Commission of the European Communities the text of the provisions transposing their obligations under the provisions of this Convention into their domestic law.
2. For the purposes of the application of this Convention, the High Contracting Parties shall define within the Council of the European Union the information which shall be communicated or exchanged between the Member States or between them and the Commission, and the modalities of their transmission.
Article 11
Entry into force
1. This Convention is subject to the adoption by the Member States in accordance with their respective constitutional rules.
2. The Member States shall notify the Secretary General of the Council of the European Union of the fulfilment of the procedures required by their respective constitutional rules for the adoption of this Convention.
3. This Convention shall enter into force ninety days after the notification referred to in paragraph 2 by the Member State which shall make the last formality.
Article 12
Access
1. This Convention is open to the accession of any State that becomes a member of the European Union.
2. The text of the present Convention in the language of the acceding State, established by the Council of the European Union, shall be authentic.
3. The instruments of accession shall be deposited with the depositary.
4. This Agreement shall enter into force with respect to any State which accedes to it ninety days after the deposit of its instrument of accession or the date of entry into force of that Convention, if it has not yet entered into force at the time of the expiry of that period of ninety days.
Article 13
Depositary
1. The Secretary General of the Council of the European Union is depositary of this Convention.
2. The depositary shall publish in the Official Journal of the European Communities the status of adoptions and accessions, declarations and reservations, as well as any other notification relating to this Convention.
In faith, undersigned Plenipotentiaries have affixed their signatures at the bottom of this Convention.
Done in Brussels, on July twenty-six, nine hundred and ninety-five, in a single copy, in German, English, Danish, Spanish, Finnish, French, Greek, Irish, Italian, Dutch, Portuguese and Swedish, all these texts being equally authentic, a copy which is deposited in the archives of the General Secretariat of the Council of the European Union.
Convention, based on Article K.3 of the Treaty on the European Union, on the protection of the financial interests of the European Communities, made in Brussels on 26 July 1995
LIST OF LIES
For the consultation of the table, see image
This agreement has not yet entered into force.

Protocol established on the basis of Article K.3 of the Treaty on the European Union, to the Convention on the Protection of the Financial Interests of the European Communities
The High Contracting Parties to this Protocol, Member States of the European Union;
Referring to the act of the Council of the European Union of 27 September 1996;
Desiring to ensure that their criminal legislation effectively contributes to the protection of the financial interests of the European Communities;
Recognizing the importance of the convention on the protection of the financial interests of the European Communities, of 26 July 1995, in the fight against fraud affecting community revenues and expenditures;
Aware that the financial interests of the European Communities may be met or threatened by other criminal offences, including those that constitute acts of corruption committed by or against officials, both national and community, responsible for the collection, management or expenditure of community funds subject to their control;
Considering that persons of different nationality, employed by different public bodies or bodies, may be involved in such acts of corruption and that it is important, in the interest of effective action against such acts having international ramifications, that there is convergence as to the appreciation, in the criminal law of the Member States, of their reprehensible character;
Noting that the criminal legislation of several Member States in respect of offences related to the exercise of public office in general and corruption in particular applies only to acts committed by or against their national officials and does not cover, or cover only in exceptional cases, behaviours involving community officials or officials of other Member States;
Convinced of the need to adapt national legislation to the extent that they do not criminalize acts of corruption that affect or are likely to affect the financial interests of the European Communities and in which community officials or officials of other Member States are involved;
Convinced also that such adaptation of national legislation should not be limited to acts of active and passive corruption, but should extend to other offences affecting or likely to affect the revenues or expenses of the European Communities, including offences committed by or against persons who are invested with the highest responsibilities;
Considering that appropriate rules on competence and mutual cooperation should also be established, without prejudice to the legal conditions of their application in concrete cases, including, where appropriate, the lifting of immunity;
Considering finally that the relevant provisions of the Convention on the Protection of the Financial Interests of the European Communities, of 26 July 1995, applicable to the criminal acts covered by this Protocol,
Consistent with the following provisions:
Article 1^er
Definitions
For the purposes of this protocol:
(1) (a) the term "public servant" means any civil servant, both community and national, including any national official of another Member State;
(b) the term "community civil servant" means:
- any person who has the status of civil servants or agents contracted in the sense of the status of civil servants of the European Communities or the regime applicable to other agents of the European Communities;
- any person made available to the European Communities by the Member States or by any public or private body that performs functions equivalent to those exercised by officials or other agents of the European Communities.
The members of the bodies established in accordance with the treaties establishing the European Communities, as well as the staff of these bodies, are considered to be members of the community as long as the status of the officials of the European Communities or the regime applicable to the other officers of the European Communities does not apply to them;
(c) the term "national civil servant" is interpreted by reference to the definition of "public servant" or "public officer" in the national law of the Member State in which the person in question presents this quality, for the purposes of the application of the criminal law of that Member State.
However, when it comes to prosecution involving an official of a Member State and initiated by another Member State, the Member State is only required to apply the definition of "national civil servant" to the extent that it is consistent with its national law;
(2) the term "Convention" means the agreement, established on the basis of Article K.3 of the Treaty on the European Union, relating to the protection of the financial interests of the European Communities, of 26 July 1995 (1).
Article 2
Passive corruption
1. For the purposes of this protocol, is a form of passive corruption, the intentional fact, for an official, directly or through the interposition of third parties, to solicit or receive benefits, of any kind, for himself or for a third party, or to accept the promise, to perform or fail to perform, in a manner contrary to his official duties, an act of his or her function or an act in the exercise of his or her function, which infringes or is likely to affect
2. Each Member State shall take the necessary measures to ensure that the conduct referred to in paragraph 1^er are criminalized.
Article 3
Active corruption
1. For the purposes of this Protocol, an act of infringement or an act in the exercise of its function is an intentional act of corruption, for any person, to promise or to give, directly or through interposition of third parties, an advantage, of any kind, to an employee, for himself or for a third party, to carry out or abstain from performing, in a manner contrary to his official duties, an act of impairment or an act in the exercise of his or
2. Each Member State shall take the necessary measures to ensure that the conduct referred to in paragraph 1^er are criminalized.
Article 4
Assimilation
1. Each Member State shall take the necessary measures to ensure that, in its criminal law, the qualifications of offences constituting conduct as referred to in Article 1^er the Convention and committed by its national officials in the performance of their functions are equally applicable to cases in which the offences are committed by community officials in the performance of their duties.
2. Each Member State shall take the necessary measures to ensure that, in its criminal law, the qualifications of the offences referred to in paragraph 1^er of this article and of articles 2 and 3 committed by or to the ministers of its government, the elected members of its parliamentary assemblies, the members of its highest courts or the members of its Court of Auditors in the performance of their functions are applicable in the same way to the cases in which the offences are committed by or against the members of the Commission of the European Communities, the European Parliament, the Court of Justice and the Court of Accounts of the European Communities,
3. If a Member State has adopted special laws relating to acts or omissions to which the ministers of its government must respond because of the particular political position they occupy in that State, paragraph 2 of this article may not apply to these laws, provided that the Member State guaranteed that the criminal laws that implement articles 2 and 3 and paragraph 1^er of this article also applies to the members of the Commission of the European Communities.
4. Paragraphs 1^er, 2 and 3 agree without prejudice to the provisions applicable in each Member State in respect of the criminal procedure and the determination of the competent courts.
5. This Protocol shall apply in full compliance with the relevant provisions of the treaties establishing the European Communities, the Protocol on the Privileges and Immunities of the European Communities, the Statutes of the Court of Justice, and the texts adopted for their application, with regard to the lifting of immunities.
Article 5
Sanctions
1. Each Member State shall take the necessary measures to ensure that the conduct referred to in articles 2 and 3, as well as the complicity and instigation to such conduct, are subject to effective, proportionate and deterrent criminal sanctions, including, at least in serious cases, custodial sentences that may result in extradition.
2. Paragraph 1^er means without prejudice to the exercise of disciplinary powers by the competent authorities against national officials or community officials. In determining a criminal penalty to be imposed, national courts may take into account, in accordance with the principles of their national law, any disciplinary penalty already imposed on the same person for the same conduct.
Article 6
Jurisdiction
1. Each Member State shall take the necessary measures to establish its jurisdiction over the offences established in accordance with Articles 2, 3 and 4 in cases where:
(a) the offence is committed in whole or in part in its territory;
(b) the perpetrator of the offence is one of his or her nationals or officials;
(c) the offence is committed against one of the persons referred to in section 1^er or one of the members of the institutions referred to in Article 4(2) that is one of its nationals;
(d) the perpetrator of the offence is a community official serving an institution of the European Communities or an organization created in accordance with the treaties establishing the European Communities and having its seat in the Member State concerned.
2. Any Member State may declare, at the time of notification provided for in article 9, paragraph 2, that it does not apply, or applies only in specific cases or conditions, one or more of the rules of jurisdiction set out in paragraph 1^er (b), (c), and (d)
Article 7
Relationship with the convention
1. The provisions of Article 3, paragraph 1^er, 2 and 4 and 6 of the Convention shall apply as if there is a reference to the behaviours referred to in Articles 2, 3 and 4 of this Protocol.
2. The following provisions of the Convention also apply to this Protocol:
- Article 7, on the understanding that, unless otherwise specified in the notification provided in Article 9, paragraph 2, of this Protocol, any declaration within the meaning of Article 7, paragraph 2, of the Convention shall also apply to this Protocol,
- Article 9,
- Article 10.
Article 8
Court of Justice
1. Any dispute between Member States relating to the interpretation or application of this Protocol shall, in a first step, be considered within the Council in accordance with the procedure set out in Part VI of the Treaty on the European Union for a solution.
Upon the expiration of six months, if a solution could not be found, the Court of Justice of the European Communities may be seized by a party to the dispute.
2. Any dispute relating to Article 1^erwith the exception of point 1 (c) , articles 2, 3 and 4 and article 7, paragraph 2, third of this protocol between one or more Member States and the Commission of the European Communities that could not be settled by negotiation can be submitted to the Court of Justice of the European Communities.
Article 9
Entry into force
1. This protocol is subject to the adoption by the Member States according to their respective constitutional rules.
2. The Member States shall notify the Secretary General of the Council of the European Union of the fulfilment of the procedures required by their respective constitutional rules for the adoption of this protocol.
3. This protocol comes into force ninety days after the notification provided for in paragraph 2 by the State, a member of the European Union at the time of the adoption by the Council of the act establishing this protocol, which proceeds the last to this formality. However, if the agreement has not entered into force on that date, the protocol comes into force on the date of entry into force of the convention.
Article 10
Accession of new member States
1. This protocol is open to the accession of any State that becomes a member of the European Union.
2. The text of the present protocol in the language of the adhering State, established by the Council of the European Union, is authentic.
3. The instruments of accession shall be deposited with the depositary.
4. This Protocol shall enter into force with respect to any State which accedes to it ninety days after the deposit of its instrument of accession or the date of entry into force of that Protocol, if it has not yet entered into force at the time of the expiry of that period of ninety days.
Article 11
Reservations
1. No reservation is allowed, except for those provided for in Article 6, paragraph 2.
2. Any Member State that has made a reservation may withdraw it at any time, in whole or in part, by sending a notification to the depositary. The withdrawal shall take effect on the date of receipt of the notification by the depositary.
Article 12
Depositary
1. The Secretary General of the Council of the European Union is depositary of this protocol.
2. The depositary shall publish in the Official Journal of the European Communities the status of adoptions and accessions, declarations and reservations, as well as any other notification relating to this protocol.
In faith, the Plenipotentiaries have affixed their signatures at the bottom of this protocol.
Made in a single copy in German, English, Danish, Spanish, Finnish, French, Greek, Irish, Italian, Dutch, Portuguese and Swedish, all these texts being equally authentic, exemplary which is deposited in the archives of the General Secretariat of the Council of the European Union.
____
Note
(1) JOCE No. C316 of 27 November 1995, p. 49.
Protocol, based on Article K.3 of the Treaty on the European Union, to the Convention on the Protection of the Financial Interests of the European Communities, made in Dublin on 27 September 1996
LIST OF LIES
For the consultation of the table, see image This protocol has not yet entered into force.

Second Protocol established on the basis of Article K.3 of the Treaty on the European Union, to the Convention on the Protection of the Financial Interests of the European Communities
The High Contracting Parties to this Protocol, Member States of the European Union;
Referring to the act of the Council of the European Union of 19 June 1997;
Desiring to ensure that their criminal legislation effectively contributes to the protection of the financial interests of the European Communities;
Acknowledging the importance of the convention on the protection of the financial interests of the European Communities, of 26 July 1995, in the fight against fraud affecting community revenues and expenditures;
Acknowledging the importance of the Protocol of 27 September 1996 to the so-called anti-corruption convention that infringes or may affect the financial interests of the European Communities;
Recognizing that the financial interests of the European Communities may be adversely affected or threatened by acts committed on behalf of legal persons and acts aimed at money-laundering;
Convinced of the need to adapt, where appropriate, national legislation, in such a way that legal persons may be held liable for acts of fraud or active corruption and money-laundering committed on their behalf, which affect or may affect the financial interests of the European Communities;
Convinced of the need to adapt national legislation, where appropriate, in order to criminalize acts aimed at the laundering of proceeds of fraud or corruption, which infringe or threaten to infringe the financial interests of the European Communities, and to make it possible to confiscate the proceeds of such fraud and corruption;
Convinced of the need to adapt, where appropriate, national legislation in order to prevent mutual assistance from being denied solely because the offences referred to in this protocol relate to or are considered to be tax or duty offences;
Noting that cooperation between the Member States is already covered by the Convention on the Protection of the Financial Interests of the European Communities, of 26 July 1995, but that it is necessary, without prejudice to the obligations arising from Community law, to provide in an appropriate provision cooperation between the Member States and the Commission with the aim of guaranteeing effective action against fraud, active and passive corruption, and money-laundering that is linked to them, which infringes or may affect the interests of the European Communities
Considering that it is necessary, in order to encourage and facilitate the exchange of information, to ensure adequate protection of personal data;
Considering that the exchange of information should not hinder the ongoing investigations and that it is therefore necessary to provide for the protection of the secrecy of the investigation;
Considering the need to establish appropriate provisions concerning the jurisdiction of the Court of Justice of the European Communities;
Considering finally that the relevant provisions of the Convention on the Protection of the Financial Interests of the European Communities, of 26 July 1995, applicable to certain acts covered by this Protocol,
Consistent with the following provisions:
Article 1^er
Definitions
For the purposes of this protocol:
(a) "Convention", the agreement established on the basis of Article K.3 of the Treaty on the European Union on the protection of the financial interests of the European Communities, of 26 July 1995 (1);
(b) "fraud", the behaviours referred to in Article 1^er Convention;
(c) - "passive corruption", the behaviours referred to in Article 2 of the Protocol established on the basis of Article K.3 of the Treaty on the European Union, to the Convention on the Protection of the Financial Interests of the European Communities, of 27 September 1996 (2);
- "active corruption", the behaviours referred to in Article 3 of the same protocol;
(d) "legal entity", any entity having that status under applicable national law, except for States or other public entities in the exercise of their prerogatives of public power and public international organizations;
e) "money laundering", behaviours as defined in Article 1^er, third indent, of Council Directive 91/308/EEC of 10 June 1991 on the prevention of the use of the financial system for money laundering (3), related to the proceeds of fraud, at least in serious cases, and active and passive corruption.
Article 2
Money laundering
Each Member State shall take the necessary measures to ensure that money-laundering is criminalized.
Article 3
Liability of legal persons
1. Each Member State shall take the necessary measures to ensure that legal persons may be held responsible for an act of fraud, active corruption and money-laundering committed on their behalf by any person acting either individually or as a member of a body of the legal person, who exercises executive power within the Member State, on the following grounds:
- a power of representation of the legal person, or
- an authority to make decisions on behalf of the legal person, or
- an authority to exercise control within the legal person,
as well as the participation in the commission of such fraud, active corruption or money-laundering as an accomplice or instigator, or the attempt to commit such fraud.
2. Abstract of cases already provided for in paragraph 1^ereach Member State shall take the necessary measures to ensure that a legal person may be held liable when the failure to monitor or control on the part of a person referred to in paragraph 1^er has made the commission of an act of fraud, active corruption or money-laundering on behalf of that legal person by a person subject to his or her authority.
3. The liability of the legal person under subsection 1^er and 2 does not exclude criminal proceedings against natural persons responsible, instigators or accomplices as a result of fraud, active corruption or money laundering.
Article 4
Penalties against legal persons
1. Each Member State shall take the necessary measures to ensure that a legal person declared responsible within the meaning of Article 3, paragraph 1^er is subject to effective, proportionate and deterrent sanctions, which include criminal or non-criminal fines and possibly other sanctions, including:
(a) measures to exclude the benefit of a public benefit or assistance;
(b) temporary or permanent bans on commercial activity;
(c) judicial supervision;
(d) a judicial measure of dissolution.
2. Each Member State shall take the necessary measures to ensure that a legal person declared responsible under Article 3, paragraph 2 is liable to effective, proportionate and deterrent sanctions or measures.
Article 5
Confiscation
Each Member State shall take the necessary measures to enable the seizure and, without prejudice to the rights of third parties in good faith, the confiscation or withdrawal of the instruments and proceeds of fraud, active and passive corruption and money-laundering, or property of which the value corresponds to that product. The instruments, products or property seized or confiscated shall be treated by the Member State in accordance with its national law.
Article 6
Taxes and duty violations
A Member State may not refuse mutual legal assistance in the event of fraud, active and passive bribery and money-laundering on the sole ground that it is an offence in respect of taxes and customs duties or facts considered to be such.
Article 7
Cooperation with the Commission of the European Communities
1. Member States cooperate with the Commission in the area of combating fraud, active and passive corruption and money-laundering.
To this end, the Commission lends all necessary technical and operational assistance to facilitate the coordination of investigations undertaken by the competent national authorities.
2. The competent authorities of the Member States may exchange information with the Commission for the purpose of facilitating the establishment of facts and ensuring effective action against fraud, active and passive corruption and money-laundering.
The Commission and the competent national authorities take into account, for each specific case, the requirements of secrecy of data instruction and protection. To this end, when a Member State provides information to the Commission, it is entitled to establish specific conditions governing the use of such information by the Commission as by any other Member State to which such information could be transmitted.
Article 8
Data protection responsibility of the Commission
The Commission shall ensure, as part of the exchange of information in accordance with Article 7, paragraph 2, and with respect to the processing of personal data, a level of protection equivalent to the level of protection provided for in Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of natural persons in respect of the processing of personal data and the free movement of such data (4).
Article 9
Publication of data protection rules
The rules adopted under Article 8 obligations are published in the Official Journal of the European Communities.
Article 10
Reporting data to other Member States and third countries
1. Subject to the conditions provided for in Article 7, paragraph 2, the Commission may communicate to any other Member State the personal data it has obtained from a Member State in the performance of its functions in accordance with Article 7. The Commission shall inform the Member State that has provided this information of this communication.
2. The Commission may, under the same conditions, communicate to any third country any personal data it has obtained from a Member State in the exercise of its functions in accordance with Article 7, provided that the Member State which has provided the information has authorized this communication.
Article 11
Control Authority
Any authority designated or created for the purpose of exercising the function of independent data protection control in respect of personal data held by the Commission, in accordance with its functions under the Treaty establishing the European Community, is competent to exercise the same function in respect of personal data held by the Commission under this Protocol.
Article 12
Relationship with the convention
1. The provisions of Articles 3, 5 and 6 of the Convention also apply to the conduct referred to in Article 2 of this Protocol.
2. The following provisions of the convention also apply to this protocol:
- Article 4, on the understanding that, unless otherwise specified in the notification provided in Article 16, paragraph 2, of this Protocol, any declaration within the meaning of Article 4, paragraph 2, of the Convention shall also apply to this Protocol,
- Article 7, on the understanding that the principle "ne bis in idem" also applies to legal persons and that, unless otherwise specified in the notification provided in Article 16(2) of this Protocol, any declaration within the meaning of Article 7, paragraph 2 of the Convention shall also apply to this Protocol,
- Article 9,
- Article 10.
Article 13
Court of Justice
1. Any dispute between Member States relating to the interpretation or application of this Protocol shall, in a first step, be considered within the Council in accordance with the procedure provided for in Article VI of the Treaty on the European Union for a solution.
Upon the expiration of six months, if no solution has been found, the Court of Justice may be seized by a party to the dispute.
2. Any dispute between one or more Member States and the Commission relating to the application of Article 2 in connection with Article 1^er point (e) , as well as articles 7, 8 and 10 and 12, paragraph 2, fourth of the present protocol, which could not be settled by negotiation, may be submitted to the Court of Justice at the expiry of a period of six months from the date on which one of the parties notified the other of the existence of a dispute.
3. The protocol established on the basis of Article K.3 of the Treaty on the European Union, concerning the pre-judicial interpretation by the Court of Justice of the European Communities , of the Convention on the Protection of the Financial Interests of the European Communities , of 29 November 1996 (5), shall apply to this Protocol, provided that a declaration made by a Member State in accordance with Article 2 of this Protocol shall also be in respect of the State concerned
Article 14
Non-contractual liability
For the purposes of this protocol, the non-contractual liability of the Community is governed by Article 215 second paragraph of the Treaty establishing the European Community. Article 178 of the said treaty is applicable.
Article 15
Judicial review
1. The Court of Justice is competent to decide on appeals filed by any natural or legal person against a decision of the Commission which is addressed to it or which concerns it directly and individually, for violation of Article 8 or any rule adopted under that Article, or for diversion of power.
2. Article 168 A paragraphs 1^er and 2, Article 173, fifth paragraph, Article 174, first paragraph, Article 176 first and second paragraphs, Articles 185 and 186 of the Treaty establishing the European Community, and the Statute of the Court of Justice of the European Communities, are applicable, mutatis mutandis.
Article 16
Entry into force
1. This protocol is subject to the adoption of the Member States according to their respective constitutional rules.
2. The Member States shall notify the Secretary General of the Council of the European Union of the fulfilment of the procedures required by their respective constitutional rules for the adoption of this protocol.
3. This protocol comes into force ninety days after the notification provided for in paragraph 2 by the State, a member of the European Union on the date of the adoption by the Council of the act establishing this protocol, which proceeds the last to this formality. However, if the agreement has not entered into force on that date, the protocol comes into force on the date of entry into force of the convention.
4. However, the application of Article 7, paragraph 2 shall be suspended if, and as long as, the competent institution of the European Communities does not meet the obligation to publish the rules relating to the protection of the data that it has under Article 9, or that the terms of Article 11 concerning the supervisory authority have not been complied with.
Article 17
Accession of new member States
1. This protocol is open to the accession of any State that becomes a member of the European Union.
2. The text of the present protocol in the language of the adhering State, established by the Council of the European Union, is authentic.
3. The instruments of accession shall be deposited with the depositary.
4. This Protocol shall enter into force with respect to any State which accedes to it ninety days after the deposit of its instrument of accession or the date of entry into force of that Protocol, if it has not yet entered into force at the time of the expiry of that period of ninety days.
Article 18
Reservations
1. Each Member State may reserve the right to criminalize money laundering related to the proceeds of active and passive corruption, only in serious cases of active and passive corruption. Any Member State that makes use of this faculty shall notify the depositary of the reservation by specifying the scope of the reservation at the time of the notification referred to in article 16, paragraph 2.
This reservation is valid for a period of five years from that notification. It may be extended only once for a period of five years.
2. The Republic of Austria may, when making the notification under Article 16, paragraph 2, declare that it will not be bound by Articles 3 and 4. This declaration shall cease to have effects five years after the date of adoption of the act establishing this protocol.
3. No other reservation is allowed, with the exception of those provided for in section 12, paragraph 2, first and second dash.
Article 19
Depositary
1. The Secretary General of the Council of the European Union is depositary of this protocol.
2. The depositary shall publish in the Official Journal of the European Communities the status of adoptions and accessions, declarations and reservations, as well as any other notification relating to this protocol.
In faith, undersigned Plenipotentiaries have affixed their signatures to the bottom of this protocol.
Done in Brussels, the nineteenth of June nine hundred and ninety-seven in a single copy, in German, English, Danish, Spanish, Finnish, French, Greek, Irish, Italian, Dutch, Portuguese and Swedish, each of these texts being equally authentic, a copy which is deposited in the archives of the General Secretariat of the Council of the European Union.
Joint statement on article 13, paragraph 2
The Member States state that the reference to Article 7 of the Protocol, as contained in Article 13, paragraph 2, applies only to the cooperation between the Commission, on the one hand, and the Member States, on the other hand, and does not affect the margin of appreciation available to the Member States with respect to providing information during criminal investigations.
____
Notes
(1) OJ No. C 316 of 27 November 1995, p. 49.
(2) OJ No. C 313 of 23 October 1996, p. 2.
(3) OJ No. L 166 of 28 June 1991, p. 77.
(4) OJ No. L 281 of 23 November 1995, p. 31.
(5) OJ No. C 151 of 20 May 1997, p. 1.
Second Protocol, based on Article K.3 of the Treaty on the European Union, to the Convention on the Protection of the Financial Interests of the European Communities, and Joint Declaration, held in Brussels on 19 June 1997
LIST OF LIES
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This protocol has not yet entered into force.
Protocol established on the basis of Article K.3 of the Treaty on the European Union, concerning the pre-judicial interpretation by the Court of Justice of the European Communities of the Convention on the Protection of the Financial Interests of the European Communities
High Contracting Parties,
The following provisions are agreed upon, which are annexed to the Convention:
Article 1^er
The Court of Justice of the European Communities is competent, under the conditions set out in this Protocol, to decide on a preliminary basis on the interpretation of the Convention on the Protection of the Financial Interests of the European Communities and the Protocol to that Convention, which was established on 27 September 1996 (1), below referred to as the "first protocol".
Article 2
1. Any Member State may, by a declaration made at the time of signature of this Protocol or at any other later time, accept the jurisdiction of the Court of Justice of the European Communities to rule, on a preliminary basis, on the interpretation of the Convention on the Protection of the Financial Interests of the European Communities and the first protocol to that Convention, under the conditions defined in paragraph 2, either in paragraph (a) or in paragraph (b).
2. Any Member State making a declaration under paragraph 1^er may indicate:
(a) that any jurisdiction of that State whose decisions are not subject to a judicial remedy of domestic law shall have the power to request the Court of Justice of the European Communities to rule, on a prejudicial basis, on a matter raised in a pending case before it and relating to the interpretation of the convention on the protection of the financial interests of the European Communities and the first protocol to that Convention when it considers that a decision on the matter is necessary;
(b) that any jurisdiction of that State has the power to request the Court of Justice of the European Communities to rule, on a preliminary basis, on a matter raised in a pending case before it and relating to the interpretation of the convention on the protection of the financial interests of the European Communities and the first protocol to that Convention, when it considers that a decision on this point is necessary to render its judgment.
Article 3
1. The Protocol on the Status of the Court of Justice of the European Communities and its Rules of Procedure are applicable.
2. In accordance with the statute of the Court of Justice of the European Communities, any Member State has the right, whether or not it has made a declaration under Article 2, to file with the Court of Justice of the European Communities a memorandum or written observations in the cases before it under Article 1^er.
Article 4
1. This protocol is subject to the adoption by the Member States according to their respective constitutional rules.
2. The Member States shall notify the depositary of the fulfilment of the procedures required by their respective constitutional rules for the adoption of this protocol, as well as any declaration made under Article 2.
3. This protocol comes into force ninety days after the notification referred to in paragraph 2, by the State which, being a member of the European Union on the date of the adoption by the Council of the act establishing this protocol, proceeds the last to this formality.
However, its entry into force occurs at the earliest possible time as the Convention on the Protection of the Financial Interests of the European Communities.
Article 5
1. This protocol is open to the accession of any State that becomes a member of the European Union.
2. The instruments of accession shall be deposited with the depositary.
3. The text of the present protocol in the language of the Member State acceding, established by the Council of the European Union, is authentic.
4. This Protocol shall enter into force with respect to the Member State adhering to ninety days after the date of deposit of its instrument of accession, or on the date of entry into force of this Protocol, if it has not yet entered into force on the expiry of the said period of ninety days.
Article 6
Any State that becomes a member of the European Union and adheres to the Convention on the Protection of the Financial Interests of the European Communities in accordance with Article 12 of this Convention shall accept the provisions of this Protocol.
Article 7
1. Amendments to this Protocol may be proposed by each Member State, a high Contracting Party. Any amendment proposal shall be forwarded to the depositary, who shall communicate it to the Council.
2. The amendments are decided by the Council, which recommends the adoption by the Member States according to their respective constitutional rules.
3. Such amendments shall enter into force in accordance with the provisions of Article 4.
Article 8
1. The Secretary General of the Council of the European Union is depositary of this protocol.
2. The depositary shall publish in the Official Journal of the European Communities the notifications, instruments or communications relating to this protocol.
In faith, undersigned Plenipotentiaries have affixed their signatures to the bottom of this protocol.
Done in Brussels, on the twenty-nine November, nine hundred and ninety-six, in a single copy, in German, English, Danish, Spanish, Finnish, French, Greek, Irish, Italian, Dutch, Portuguese and Swedish, each text being equally authentic.
Declaration on the simultaneous adoption of the Convention on the Protection of the Financial Interests of the European Communities and the Protocol concerning the pre-judicial interpretation by the Court of Justice of the European Communities of this Convention
Representatives of the governments of the Member States of the European Union gathered within the Council,
At the time of the signature of the Council's deed establishing the protocol concerning the pre-judicial interpretation by the Court of Justice of the European Communities of the Convention on the Protection of the Financial Interests of the European Communities ,
Desiring to ensure such an effective and uniform interpretation as possible of the Convention upon its entry into force,
Express their readiness to take appropriate measures to ensure that national procedures for the adoption of the European Community Financial Interests Convention and the Protocol concerning its interpretation are completed simultaneously and as soon as possible.
In faith, the undersigned Plenipotentiaries affixed their signatures at the bottom of this statement.
Done in Brussels, the twenty-nine November, nine hundred and ninety-six.
____
Note
(1) OJ No. C313 of 23 October 1996, p. 1.

Protocol, based on Article K.3 of the Treaty on the European Union, concerning the pre-judicial interpretation by the Court of Justice of the European Communities of the Convention on the Protection of the Financial Interests of the European Communities, and Declaration, made in Brussels on 29 November 1996
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Belgium made the following statement:
"The Kingdom of Belgium declares to accept the jurisdiction of the Court of Justice of the European Communities in accordance with the terms provided for in Article 2, paragraph 2, item (b). »
This protocol has not yet entered into force.
Convention established on the basis of Article K.3, paragraph 2, point (c) of the Treaty on the European Union concerning the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union
The High Contracting Parties to this Convention, Member States of the European Union,
Referring to the act of the Council of the European Union of 26 May 1997,
Considering that Member States consider that the strengthening of judicial cooperation in the fight against corruption is a matter of common interest that falls under the cooperation established by Title VI of the Treaty;
Considering that the Council established, by an act of 27 September 1996, a protocol aimed, inter alia, at combating acts of corruption in which officials, both national and community, are involved and who infringe or are likely to infringe on the financial interests of the European Communities;
Considering that, for the purpose of strengthening judicial cooperation in criminal matters between the Member States, it is necessary to go beyond the said Protocol and to establish a convention concerning acts of corruption in which officials of the Communities or officials of the Member States in general are involved;
Wishing to ensure a consistent and effective implementation of this Convention throughout the territory of the European Union,
The following provisions have been agreed:
Article 1^er
Definitions
For the purposes of this Convention:
(a) the term "employee" means any civil servant both community and national, including any national civil servant of another Member State;
(b) the term "community civil servant" means:
- any person who has the status of a civil servant or agent contracted in the sense of the status of officials of the European Communities or the regime applicable to other agents of the European Communities ,
- any person made available to the European Communities by the Member States or by any public or private body, who performs functions equivalent to those exercised by officials or other agents of the European Communities.
Members of the bodies established pursuant to the treaties establishing the European Communities and the staff of these bodies are considered to be community officials when the status of officials of the European Communities or the regime applicable to other agents of the European Communities are not applicable to them;
(c) the term "national civil servant" is interpreted by reference to the definition of "public servant" or "public officer" in the national law of the Member State in which the person in question presents this quality for the purposes of the criminal law of that Member State.
However, if proceedings involving an official of a Member State are initiated by another Member State, the Member State is only required to apply the definition of "national civil servant" to the extent that it is consistent with its national law.
Article 2
Passive corruption
1. For the purposes of this Convention, is a form of passive corruption, the intentional fact, for an employee, directly or by interposition of third parties, to solicit or receive benefits of any kind, for himself or for a third party, or to accept the promise, to perform or fail to perform, contrary to his official duties, an act of his or her function or an act in the exercise of his or her function.
2. Each Member State shall take the necessary measures to ensure that the conduct referred to in paragraph 1^er are criminalized.
Article 3
Active corruption
1. For the purposes of this Convention, an act of his or her function or an act in the exercise of his or her function is an act of corruption that is intended, for any person, to promise or to give, directly or through interposition of third parties, an advantage of any kind to an employee, for himself or for a third party, to perform or abstain from performing, contrary to his or her official duties.
2. Each Member State shall take the necessary measures to ensure that the conduct referred to in paragraph 1^er are criminalized.
Article 4
Assimilation
1. Each Member State shall take the necessary measures to ensure that, in its criminal law, the qualifications of the offences referred to in Articles 2 and 3 committed by or against the ministers of its Government, the elected members of its parliamentary assemblies, the members of its highest courts or the members of its Court of Auditors in the performance of their duties shall apply in the same way to cases in which the offences are committed by or against the members of the Commission of the European Communities, the European Parliament,
2. If a Member State has adopted special laws relating to acts or omissions to which the ministers of its government must respond because of their particular political position in that State, paragraph 1^er may not apply to these laws, provided that the Member State guarantees that the criminal laws that implement articles 2 and 3 also apply to the members of the Commission of the European Communities.
3. Paragraphs 1^er and 2 agree without prejudice to the provisions applicable in each Member State in respect of the criminal procedure and the determination of the competent courts.
4. This Convention shall apply in full compliance with the relevant provisions of the treaties establishing the European Communities, the Protocol on the Privileges and Immunities of the European Communities, the Statutes of the Court of Justice, and the texts adopted for their application, with regard to the lifting of immunities.
Article 5
Sanctions
1. Each Member State shall take the necessary measures to ensure that the conduct referred to in articles 2 and 3, as well as the complicity and instigation to such conduct, are subject to effective, proportionate and deterrent criminal sanctions, including, at least in serious cases, custodial sentences that may result in extradition.
2. Paragraph 1^er means without prejudice to the exercise of disciplinary powers by the competent authorities against national officials or community officials. In determining a criminal penalty to be imposed, national courts may take into account, in accordance with the principles of their national law, any disciplinary penalty already imposed on the same person for the same conduct.
Article 6
Criminal accountability of business leaders
Each Member State shall take the necessary measures to ensure that the heads of business or any person with the power of decision or control within a company may be declared criminally responsible according to the principles defined by its domestic law, in the event of acts of corruption as referred to in Article 3, committed by a person subject to their authority on behalf of the enterprise.
Article 7
Jurisdiction
1. Each Member State shall take the necessary measures to establish its jurisdiction over the offences it has instituted in accordance with the obligations under Articles 2, 3 and 4 in cases where:
(a) the offence is committed in whole or in part in its territory;
(b) the perpetrator of the offence is one of his or her nationals or officials;
(c) the offence is committed against persons referred to in section 1^er or one of the members of the institutions of the European Communities referred to in Article 4, paragraph 1^erwho is at the same time one of his nationals;
(d) the perpetrator of the offence is a community official serving an institution of the European Communities or an organization created in accordance with the treaties establishing the European Communities and having its seat in the Member State concerned.
2. Any Member State may declare, at the time of notification provided for in article 13, paragraph 2, that it does not apply, or applies only in specific cases or conditions, one or more of the rules of jurisdiction set out in paragraph 1^er (b), (c) and (d) .
Article 8
Extradition and prosecution
1. Any Member State that, under its legislation, does not extradite its own nationals shall take the necessary measures to establish its jurisdiction over the offences it has instituted in accordance with the obligations under Articles 2, 3 and 4 when they are committed by its own nationals outside its territory.
2. Each Member State shall, where one of its nationals is presumed to have committed an offence in another Member State established under the obligations under Articles 2, 3 or 4 and that it does not extradite that person to that other Member State solely because of its nationality, submit the case to its competent authorities for the purposes of prosecution, if applicable.
In order to allow the prosecution, the files, information and objects relating to the offence will be sent in accordance with the terms set out in Article 6 of the European Extradition Convention of 13 December 1957. The requesting Member State will be informed of the proceedings and their results.
3. For the purposes of this article, the words "nationals" of a Member State shall be interpreted in accordance with any declaration made by that State under Article 6 (1)^er point (b) of the European extradition agreement and paragraph 1^er (c) of that article.
Article 9
Cooperation
1. If a procedure for an offence instituted in accordance with the obligations under Articles 2, 3 and 4 concerns at least two Member States, they shall effectively cooperate with the investigation, prosecution and enforcement of the sanction imposed by, for example, mutual legal assistance, extradition, transfer of prosecutions or enforcement of judgments pronounced in another Member State.
2. Where an offence falls within the jurisdiction of more than one Member State and any of these States may validly prosecute on the basis of the same facts, the Member States concerned shall cooperate to determine which of them shall pursue the perpetrator(s) of the offence with the objective of centralizing, if possible, the prosecution in a single Member State.
Article 10
Ne bis in idem
1. The Member States apply in domestic criminal law the principle n bis in idem under which a person who has been permanently tried in a Member State may not be prosecuted for the same acts in another Member State, provided that, in the event of a conviction, the penalty has been executed, is being executed or cannot be executed according to the law of the sentencing State.
2. Any Member State may declare, at the time of notification referred to in Article 13, paragraph 2, that it is not bound by paragraph 1^er in one or more of the following cases:
(a) where the facts referred to in the foreign judgment took place, in whole or in part, in its territory. In the latter case, however, this exception does not apply if these facts occurred in part in the territory of the Member State where the judgment was rendered;
(b) where the facts referred to in the judgment rendered abroad constitute an offence against security or other equally essential interests of that Member State;
(c) where the facts referred to in the foreign judgment were committed by an official of that Member State in violation of his or her obligations.
3. If a new prosecution is brought in a Member State against a person who has been permanently tried for the same facts in another Member State, any period of deprivation of liberty suffered in that State as a result of such acts must be deducted from the penalty that may be imposed. It will also be taken into account, to the extent permitted by national legislation, sanctions other than custodial sanctions that have already been imposed.
4. Exceptions that have been the subject of a declaration under paragraph 2 shall not apply where the Member State concerned has, for the same facts, requested the prosecution of the other Member State or granted the extradition of the person concerned.
5. Bilateral or multilateral agreements between member States on this matter and their statements are not affected by this article.
Article 11
Internal provisions
Nothing in this Convention prevents Member States from adopting domestic law provisions beyond the obligations arising from this Convention.
Article 12
Court of Justice
1. Any dispute between Member States relating to the interpretation or application of this Convention that could not be resolved bilaterally, must, in a first step, be considered within the Council in accordance with the procedure set out in Part VI of the Treaty on the European Union for a solution. Upon the expiration of a period of six months, if a solution could not be found, the Court of Justice of the European Communities may be seized by a party to the dispute.
2. Any dispute relating to Article 1^erwith the exception of point (c) and articles 2, 3 and 4 between one or more Member States and the Commission of the European Communities, to the extent that it concerns a matter relating to Community law or the financial interests of the Communities, or involving members or officials of their institutions or bodies established under the treaties establishing the European Communities, which could not be settled through negotiation, may be submitted to the Court of Justice by a party to the dispute.
3. Any jurisdiction of a Member State may request the Court of Justice to make a preliminary ruling on a matter concerning the interpretation of articles 1^er 4 and 12 to 16, raised in a case before it, involving members or officials of the community institutions or organizations created under the treaties establishing the European Communities, acting in the exercise of their functions, provided that it considers that a decision on this matter is necessary to render its judgment.
4. The jurisdiction of the Court of Justice referred to in paragraph 3 shall be subject to its acceptance by the Member State concerned in the form of a declaration in that sense made in the notification referred to in article 13, paragraph 2, or at any later time.
5. A Member State that makes a declaration under paragraph 4 may limit the ability to apply to the Court of Justice to make a preliminary determination to its jurisdictions whose decisions are not subject to a judicial remedy of domestic law.
6. The statute of the Court of Justice of the European Communities and its rules of procedure are applicable. In accordance with this statute, any Member State, as well as the Commission, has the right, whether or not it has made a declaration under paragraph 4, to file with the Court of Justice a memorandum or written observations in the cases before it under paragraph 3.
Article 13
Entry into force
1. This Convention is subject to the adoption by the Member States in accordance with their respective constitutional rules.
2. The Member States shall notify the Secretary General of the Council of the European Union of the fulfilment of the procedures required by their respective constitutional rules for the adoption of this Convention.
3. This Convention shall enter into force ninety days after the notification referred to in paragraph 2 by the Member State which shall make the last formality.
4. Until the entry into force of this Convention, each Member State may, at the time of the notification referred to in paragraph 2 or at any later time, declare that the Convention, with the exception of Article 12, shall be applicable to it, in its relations with the Member States that have made the same declaration. This Agreement shall become applicable to the Member State having made such a declaration on the first day of the month following the expiration of a period of ninety days after the date of the filing of its declaration.
5. A Member State that has not made any declaration under paragraph 4 may apply this Agreement with respect to other Contracting Member States on the basis of bilateral agreements.
Article 14
Accession of new member States
1. This Convention is open to the accession of any State that becomes a member of the European Union.
2. The text of the present Convention in the language of the acceding State, established by the Council of the European Union, shall be authentic.
3. The instruments of accession shall be deposited with the depositary.
4. This Agreement shall enter into force with respect to any State which accedes to it ninety days after the date of deposit of its instrument of accession or the date of entry into force of that Convention, if it has not yet entered into force at the time of the expiry of that period of ninety days.
5. In the event that this Agreement has not yet entered into force at the time of deposit of the instrument of accession, Article 13, paragraph 4 is applicable to the Member States.
Article 15
Reservations
1. No reservation is allowed, except for those provided for in Article 7, paragraph 2 and Article 10, paragraph 2.
2. Any Member State that has made a reservation may withdraw it at any time, in whole or in part, by sending a notification to the depositary. The withdrawal shall take effect on the date of receipt of the notification by the depositary.
Article 16
Depositary
1. The Secretary General of the Council of the European Union is depositary of this Convention.
2. The depositary shall publish in the Official Journal of the European Communities the status of adoptions and accessions, declarations and reservations, as well as any other notification relating to this Convention.
In faith, the Plenipotentiaries have affixed their signatures at the bottom of this Convention.
Done in Brussels, the twenty-six May nine hundred and ninety-seven, in a single copy, in German, English, Danish, Spanish, Finnish, French, Greek, Irish, Italian, Dutch, Portuguese and Swedish, all these texts being equally authentic, a copy which is deposited in the archives of the General Secretariat of the Council of the European Union.

Convention, prepared on the basis of Article K.3, paragraph 2 (c), of the Treaty on the European Union, on the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union, made in Brussels on 26 May 1997
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This agreement has not yet entered into force.