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The Member States Of The European Community To The Convention On The Enforcement Of Foreign Criminal Sentences

Original Language Title: Par Eiropas Kopienas dalībvalstu konvenciju par ārvalstu kriminālsodu izpildi

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The Saeima has adopted and the President promulgated the following laws: the Member States of the European Community to the Convention on the enforcement of foreign criminal sentences article 1. The Member States of the European Community of the Convention on the execution of criminal sentences abroad (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. In accordance with article 1 of the Convention, the second part of the Republic of Latvia shall not apply the Convention to the offences are administrative irregularities. 3. article. In accordance with article 18 of the Convention, article 7 of the documents referred to in the Republic of Latvia are translated into Latvian language. 4. article. In accordance with article 22 of the Convention, in accordance with its article 21, third — until the Convention enters into force, the Republic of Latvia shall apply this Convention with respect to the Member States, which have come up with the same declaration.
Declaration by the Republic of Latvia shall enter into force 90 days after the date of its deposit. 5. article. The Ministry of Justice to coordinate the fulfilment of the obligations provided for in the Convention. 6. article. The Convention shall enter into force on the 22nd for the period specified in article and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 7. article. The law shall enter into force on 1 May 2004. With the law put the Convention in English and its translation into Latvian language. The law adopted by the Parliament in 2004 on April 7. State v. President Vaira Vīķe-Freiberga in Riga 2004 21 April CONVENTION BETWEEN the MEMBER STATES OF the EUROPEAN communities ON the enforcement OF FOREIGN CRIMINAL LINE of the preamble the MEMBER States, HAVING REGARD to the close Court between their peoples; CONSIDERING the importanc of strengthening judicial co-operation in view of the creation of a European area without internal frontiers in which the free movement of persons shall be guaranteed in accordanc with the provision of the single European Act; CONVINCED that the existing form of international co-operation in criminal matters among them should be supplemented with the provision on the transfer of the enforcement of the criminal, in line with the line involving particular custodial penalties and pecuniary sanctions; AWARE of the need to take into account, in the transfer of the enforcement of the criminal line, the interests of all persons involved; BEARING IN MIND the Convention of the Council of Europe on the International Validity of Criminal Judgment, concluded at the Hague on 28 May 1970, and Transfer of Sentenced Persons on the, concluded at Strasbourg on 21 March 1983, have AGREED AS follows: article 1 Definition 1. For the purpose of this Convention: (a) "judgement" shall mean the final decision of a court imposing a line in respect of (a) the criminal offenc; It shall also mean the imposition of a pecuniary sanction by an administrative authority for an administrative or an offenc offenc against regulations, the individual concerned prvided has had the opportunity to bring the matter before a court; (b) the "Line" shall mean the imposition of a custodial or pecuniary penalty by a court or the imposition of a pecuniary sanction by an administrative authority mentioned under (a) of the present article; (c) "Sentencing State" shall mean the State in which the line in respect of which the transfer of enforcement may be requested, has been or was delivered; (d) "Administering State" shall mean the State in which the enforcement of the line has been or may be transferred. 2. When signing this Convention or depositing its instrument of ratification, acceptance, approval or accession thereof, each Member State may state in a declaration those of which it intends to offenc exclude from the scope of this Convention. The other Member States may apply the rule of reciprocity. Article 2 General principles 1. Members States to accord each others undertak the wides possible be co-operation with regards to the transfer of enforcement of the line in accordanc with the provision of this Convention. 2. The transfer of enforcement may be requested either by the sentencing State or by the administering State. Article 3 enforcement of a custodial penalty of a line involving the transfer of enforcement of a custodial penalty of involving a line may be requested where: (a) the sentenced person is in the territory of the administering State and is a national of this State or is permanently resident in its territory; or (b) the sentenced person is in the territory of the administering State and his extradition has been refused, would be refused if requested, or is not possible; or (c) the sentenced person is in the territory of the administering State and is serving or is to serve a custodial penalty there. Article 4 enforcement of (a) a pecuniary penalty involving the line or sanction the transfer of enforcement of a pecuniary penalty or a line involving a sanction may be requested where: (a) the sentenced person is a natural person who is permanently resident in the territory of the administering State or has realizabl property or income in its territory; or (b) the sentenced person is a legal person having its seat in the territory of the administering State or having realizabl property or funds in its territory. Article 5 conditions for the transfer of enforcement of the transfer of the enforcement of a line needs the agreement of the sentencing State and the administering State. The transfer of the enforcement shall be subject to the following conditions: (a) the judgement is final and enforceabl; (b) the acts or omission on account of which the line has been imposed one of the constitut offenc referred to in of article 1 (1) (a) according to the law of the administering State or would such an offenc constitut-if committed in its territory; (c) under the law of the sentencing State or the administering State, the enforcement is not by time limitations Barreda Fontes; (d) the final judgement against the sentenced person in respect of the same acts has not been delivered in the administering State; (e) when a final judgement against the sentenced person in respect of the same acts has been delivered in a third State, the transfer of enforcement would not run counter to the principle of prohibiting double jeopardy. Article 6 means of transmission 1. Requests for enforcement shall be addressed in writing by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State. 2. The requested State shall in the same manner and as soon as possible inform the requesting State of its decision to agree to it or the refus request. 3. By virtue of the particular agreements or, in their absence, in cases of urgency, requests, documents and relating the replies of the requested State may be transmitted directly between the judicial authorities of the requesting State and those of the requested State. 4. Similarly, in cases of urgency and by virtue of the particular agreements, requests for enforcement, relating documents and the replies of the requested State may be transmitted through any appropriate channels leaving a written record, including a telecopy. 5. In the cases provided for in paragraphs 3 and 4 of the present article, a copy of the documents mentioned therein shall be transmitted without delay to the Ministry of Justice of the requested State, unless that State has declared this to be unnecessary. 6. The means of transmission mentioned in the preceding paragraphs do not exclude the use of diplomatic channels. Article 7 Documentation 1. If enforcement is requested by the sentencing State, the request shall be accompanied by: (a) a duly certified copy of the judgement; (b) the text of the legal provision is applied; (c) a statement certifying any period of provisional detention already served or on any of the line of which, where appropriate, has already been enforced and any other matters of relevance for the enforcement of the line. 2. The request shall in every case be accompanied by documents enabling the requested State to decide or not to agree the whethers transfer of enforcement of the line. 3. The administering State may, for the purpose of lodging a request for enforcement, request one or more of the documents referred to in paragraphs 1 and 2 of this article. 4. If the requested State consider that the information supplied by the requesting State is not adequat to enable it to apply this Convention, it shall ask for the additional information cessary. Article 8 Determination of the custodial penalty 1. Where the transfer of enforcement of a custodial penalty is accepted, the competent authorities to be of the administering State shall: (a) enforce the penalty imposed in the sentencing State immediately or through a court or administrative order under the conditions set out in paragraph 4 of this article; or (b) through a judicial or administrative procedure convert the line into a decision of the administering State, thereby substituting the penalty imposed in the sentencing State by a penalty put down by the law of the administering State for the same, under the offenc condition set out in paragraph 5 of this article. 2. The administering State shall, if so requested, inform the sentencing State which of these procedures it will follow. 3. Any Member State may when signing this Convention or depositing its instrument of ratification, acceptance, approval or accession, by a declaration indicates that it intends to exclude the application of one of the procedures provided for in paragraph 1 (a) and (b) of this article in its relations with the other parties. 4. If the administering State adopts the procedure provided for in paragraph 1 (a) of this article it shall be bound by the legal nature and duration of the penalty as determined in the sentencing State. If, however, that penalty is by its nature or duration incompatibl with the law of the administering State, or if its law so requires, the administering State may, by a court or administrative order adap the penalty to a penalty put down by its own law for a comparabl» offenc. As to its nature the penalty shall, as far as possible, correspond with the penalty imposed by the line to be enforced. It may not aggravat by its nature or duration of the penalty imposed in the sentencing State, nor exceeds 100 the maximum penalty put down by the law of the administering State for the same offenc. 5. If the administering State adopts the procedure provided for in paragraph 1 (b) of this article, that State: (a) shall be bound by the finding as to the facts insofar as they appear explicitly or implicitly in the judgement handed down in the sentencing State; (b) may, except for the declaration provided for in paragraph 6 of this article, convert a custodial penalty into a pecuniary penalty, if the penalty is less than or equal to a period of six months; and (c) shall not aggravat the penal position of the sentenced person, and shall not be bound by any minimum penalty which it will own the law may provide for the offenc or offenc's committed. 6. Each Member State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession specify in a declaration that it only accept the application of the conversion procedure mentioned in paragraph 5 (b) of this article for custodial penalties of a specified period of less than 6 months. Other Member States may apply the rule of reciprocity. Article 9 Determination of the pecuniary penalty or sanction 1. If the transfer of enforcement of a pecuniary penalty or a line involving a sanction is accepted, the competent authorities to be of the administering State shall, by means which may include a court or administrative order, convert the penalty or sanction into the currency of the administering State at the rate of Exchange obtaining at the time when the decision is taken. However, the amount so determined shall not exceeds 100 the maximum amount fixed by that State's law for the same offenc. Where a penalty or sanction of a different and more sever in nature is permitted for the same offenc in the administering State, the competent authorities of the States to a State shall leave the amount of the pecuniary penalty or sanction imposed in the sentencing State unchanged. 2. The administering State which cannot comply with a request for enforcement on account of the fact that it is related to a legal person, may, by virtue of bilateral agreements, it is in the market indicates to recover, in accordanc with its provision on civil procedure in enforcement matters, the amount of the pecuniary penalty or sanction imposed by the sentencing State. Article 10 Provisional measure soon as the axis of the sentencing State has requested or accepted the transfer of enforcement of a custodial penalty, involving a line of the administering State may arrest the person sentenced or apply other provisional measure's provided that: (a) the law of the administering State will permit a person to be remanded in provisional custody or to be subject to the application of other measure for the offenc in respect of which the line has been delivered , and (b) there is reason to fear that the person sentenced may abscond. Article 11 Law enforcement each 1. The enforcement of the transfer shall be governed after line by the law of the administering State and that State alone shall be competent to decide on the procedures for enforcement and to determin all the measure of relating the theret. 2. Any part of the penalty or sanction enforced in whatever manner in the sentencing State shall be deducted in full from the line to be enforced in the administering State. Article 12 by the way of Imprisonmen substitution for non-recovery of the pecuniary penalty or sanction where a penalty or pecuniary sanction cannot be enforced, either totally or in part, an alternative custodial sanction can be applied by the administering State if the law of both States so provide in such cases, unless the sentencing State clearly in article 13 Amnesty excluded. , pardon, commutation, review of line 1. Either State concerned may grant Members an amnesty, pardon or commutation of a penalty or sanction. 2. Only the sentencing State may determin any application for review of the judgement. Article 14 Discontinuanc of enforcement the administering State shall terminate enforcement of the line as soon as it is informed by the sentencing State of any decision or measure as a result of which the cease of the line to be enforceabl. Article 15 of the mon to obtained from Accrual enforcement of pecuniary penalties and sanctions to obtained from the Mon enforcement of pecuniary penalties or sanctions shall accru to the administering State unless otherwise is agreed upon between that State and the sentencing State. Article 16 Information the administering State shall inform the sentencing State: (a) when it will consider enforcement of the line to have been completed; (b) if the sentenced person has escaped from custody before enforcement of the line has been completed; or (c) of the total or partial non-enforcement of the pecuniary penalty or sanction. Article 17 consequences of transfer for the sentencing State 1. The sentencing State may not proceed with enforcement of the a line once it has agreed with the administering State to transfer enforcement. However, if the sentenced person will abscond, the right of enforcement shall revert to the sentencing State, except where otherwise agreed between that State and the administering State. 2. Where the enforcement of (a) a pecuniary penalty involving the line or sanction is transferred, the right of enforcement of the line, including for the purpose of converting the pecuniary penalty or a custodial sanction, the sanction into shall revert to the sentencing State upon it being informed by the administering State of the total or partial non-enforcement of the pecuniary penalty or sanction and its failure to apply a sanction as referred to in the substitutiv article 12 article 18 language Documents to be produced shall be drawn up in the official language or in one of the official languages of the sentencing State. Any Member State may when signing this Convention or depositing its instrument of ratification, acceptance, approval or accession make a declaration reserving the right to require that the relevant documents referred to in article 7, be translated into its official language or into one of its official languages. The other Member States may apply the reciprocity rule. Article 19 the Member States shall not Costa claim from each other the refund of costs resulting from application of this Convention. Article 20 Relationship to the European Convention on the International Validity of Criminal Judgment, the Hague, 28 May 1970 In relations between Member States which are parties to the European Convention on the International Validity of Criminal Judgment is done at the Hague, 28 May 1970, this Convention shall apply to the exten the that it supplements the provision of that Convention or facilitat-the application of the principles therein led. Article 21 signature and entry into force 1 this Convention shall be open. for signature by the Member States. It shall be subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands. 2. This Convention shall enter into force ninety days after the date of deposit of the instrument of ratification, acceptance or approval by all Member States of the European communities on the date on which it is opened for signature. 3. Pending the entry into force of this Convention each Member State may, when depositing its instrument of ratification, acceptance or approval or at any later stage, declare the Convention applicable in its relations with those Member States which make a similar declaration, ninety days after the date of the deposit of its declaration. 4. Any Member States which has not made a declaration may apply the Convention in respect of the other contracting Member States on the basis of bilateral agreements. 5. The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify all Member States of any signature, the deposit of the instrument or declaration. Article 22 this Convention shall be open Accession to accession by any State which become a member of the European communities. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands. This Convention shall enter into force in respect of any Member State which accede to it ninety days after the date of deposit of its instrument of accession. If the Convention has not already entered into force at the time of the deposit of the instrument of accession, the provision of article 21 (3) and (4) shall apply to every Member State and acceding the Convention shall enter into force in regards of the at the time theret of the entry into force provided for in article 21 (2). Done at Brussels on 13 November 1991 in all the official languages of the European communities, all the texts being equally authentic, in a single copy which shall be deposited in the archives of the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

The Member States of the European Community of the Convention on the enforcement of foreign CRIMINAL SENTENCES Preamble the Member States taking into account the close links between their peoples; Recognizing the importance of strengthening cooperation in the field of Justice making Europe without internal frontiers in which, in accordance with the single European Act is guaranteed the free movement of persons; Convinced that the form in which take place between the Member States in international cooperation in criminal matters, should be supplemented by provisions on the transfer of the enforcement of criminal sanctions, in particular fines, providing for imprisonment and fines; Conscious of the need to take into account the interests of all parties concerned, transfer of the execution of criminal penalties; Bearing in mind the Council of Europe Convention on the international recognition of the kriminālspriedum, concluded in the Hague on 28 May 1970, and the Convention on the transfer of sentenced persons, Strasbourg, 21 March 1983, have agreed on the following. Article 1 definitions for the purposes of this Convention: 1 a) "judgment" is the final judgment of the Court establishing a penalty for a criminal offence; It is also the Act by which the administrative authority determines the material sanctions for administrative infringement or infringement of the administrative act, provided that the person concerned has had an opportunity to go to court; (b)) "penalty" is this article) mentioned in a custodial sentence or a fine, the determination by the Court, or the imposition of fines by the administrative body; (c)) "the sentencing country" means the country in which the fixed penalty in respect of which is sought or may be asked to execute commissioning; (d)) "State" means a State that is provided or can be released for execution. 2. By signing this Convention or depositing an instrument of ratification, acceptance, approval or accession, any Contracting Party may, in a declaration to specify the offences to which it intends to exclude from the scope of this Convention. Other Member States may apply the principle of reciprocity. Article 2 guiding principles 1. Member States shall undertake to cooperate as widely as possible with regard to the transfer of the execution of penalties, as provided for in this Convention. 2. the enforcement service can ask either the sentencing State or the State of the application. Article 3 of a execution of The penalty of execution of the transfer, which involves deprivation of liberty, may be asked to: (a)) if the sentenced person is in the territory of the State of the application, and is that country's citizen or permanently resident in its territory; or (b)) if the sentenced person is in the territory of the State of the application, and that person's extradition has been refused, may be refused if requested, or not; or c) the sentenced person is in the territory of the application and there served a custodial sentence or that person would have to suffer such punishment. Article 4 the execution of penalties which provides for fines or penalties the penalty of execution of the transfer, which provides for a fine or penalty may apply: (a)) if the sentenced person is a natural person resident in the territory of the State of the application, or if the person concerned in the territory of that State's movable property, or income; or (b) if the sentenced person is) a legal person whose location is in the territory of the State of the application, or if it is in the territory of the said State movable property or assets. Article 5 conditions for executing transfers execution to the transfer is necessary for the application of the sentencing State and the consent of the State. The transfer of enforcement subject to the following conditions: (a)) shall be final and judgment become final; (b)), the Act or omission for which the penalty is determined, in accordance with the application of national law is one of article 1, first paragraph, (a) the offences referred to in points), or it would be one of the following offences, if committed on its territory; (c)) in accordance with the application of the sentencing State or national law, not to the limitation period for execution; (d) the country of convicted) person no final judgment on those same activities; (e)) where a third country person convicted has given final judgment on those same activities, execution of the transfer will not be contrary to the principle of prohibition of double punishment. Article 6 Transmission features 1. Requests for enforcement in the requesting State shall be submitted in writing to the Ministry of Justice of the requested State to the Ministry of Justice. 2. The requested State in the same way and as soon as possible inform the requesting State of its decision to accept the request or reject it. 3. on the basis of special agreements or, if absent, in urgent cases, requests for documents and, where appropriate, the requested State may send and receive replies directly to the requesting State and the requested State judicial authorities. 4. also in urgent cases and subject to certain agreements, requests for enforcement, relevant documents and requested response can be sent via the appropriate means of communication that provides a written record, including the telekopij. 5. the third and fourth part in the cases provided for in the specified document copies shall be forwarded at the request of the Ministry of Justice of the requested State, unless that State has not declared that there is no need to do so. 6. in earlier parts of the means of communication that does not exclude the use of diplomatic channels. Article 7 documents 1. If asked the sentencing State, the request shall be accompanied by: (a)) certified copy of the judgment; (b) the applicable law); (c)) for the time spent in remand, or any other part of the penalty in appropriate cases has already executed, as well as on other issues, enforcement of the sentence. 2. the request must be accompanied by the documents that the requested State allows you to decide whether to agree to the transfer of the execution of penalties. 3. to begin to examine the performance of public requests, the application may request one or more of the first and second part of the mentioned documents. 4. If the requested State considers that the request of the applicant State the information provided is not sufficient for the application of this Convention, it shall be requested to submit the necessary additional information. Article 8 a custodial sentence detection 1. If you accept a custodial sentence of execution of the transfer application, the competent national authorities: (a)), subject to the conditions laid down in the fourth subparagraph, in runs of the sentencing country set fines immediately or with a court or administrative order; or (b)) using the courts or the administrative procedures and subject to the conditions laid down in the fifth subparagraph, changes the State of application of the penalty decision, sentencing the country down the punishment with a fine, which the application provided for in the national law for the same offence. 2. The application of the country shall inform the sentencing State, if requested, as to which of these procedures will apply. 3. By signing this Convention or depositing an instrument of ratification, acceptance, approval or accession, each Member State may specify in the Declaration that it provides in relation to the other Contracting Parties shall not apply some of the first part (a)) and (b)) the procedures laid down in points. 4. If the State decides to apply for the application of the first subparagraph of point (a)) laid down in the rules of procedure, it is bound by the sentencing State a penalty of legal nature and duration. If the penalty is, by its nature or duration incompatible with the application of national legislation or if required by the law of that State, then the State of the application to the Court or administrative order, however, you can fine adjust the penalty for similar offences, that is designed for its legislation. The nature of the fine, as far as possible to meet the nature of the penalty awarded by the sentencing State. The essence of the period may not be more severe than the punishment of the sentencing country and exceed the highest penalty that the State of the application of law for the same offence. 5. If the State decides to apply for the application of this article, the first part of the procedure provided for in paragraph (b)), then: (a) it is binding) findings of fact, insofar as they directly or indirectly specified in the judgement given in the sentencing State; (b)) in cases where the sentence is less than six months, or is just six months, and except in the case relating to the sixth part of this article, the declaration provided for in its custodial sentence may be replaced by a fine; and (c)) it may not make a heavier penalty for the convicted person and has no binding minimum penalties that the law may be on the offence or offences committed. 6. By signing this Convention or depositing an instrument of ratification, acceptance, approval or accession, each Member State may specify in the Declaration that the fifth subparagraph of this article, provided for in paragraph (b)) replacement procedure it adopted only in relation to custodial penalties, with a term of less than 6 months. Other Member States may apply the principle of reciprocity. Article 9 of the fine or of the fine detection 1. If you accept the execution of transfer, which provides for fines or penalties, the State of the application, the competent authorities may, by any means, which may be a court or administrative order, the fine or the amount of the fine to convert application in national currency at the exchange rate in force at the time of adoption of the decision. However, such fixed amount may not be greater than the maximum amount referred to national law for the same offence. If the application of the State for the same offence is intended for a different and more serious punishment or a sanction, the competent authority of that State may be left unamended the sentencing State fines or the amount of the fine. 2. the State of the application, which, in view of the fact that execution refers to the legal person, cannot accept the request of the Executive, in bilateral agreements can indicate their desire to the sentencing State fines or the amount of the fine according to recover under its civilprocesuālaj provisions relating to enforcement. Article 10 safety features as soon as the sentencing State has asked or accepted by the execution of the transfer, which involves deprivation of liberty, the State of the application can arrest the sentenced person or the application of other security features, provided that: (a) in connection with any offence) what specific penalties, application of national law permits persons to put in pre-trial detention or apply in person for other security features, and (b)) is a cause for concern that the sentenced person may avoid execution. Article 11 of the law governing the enforcement of 1. Execution of transfers are governed by the law of the State of the application, and only in this country is entitled to decide on enforcement procedures and to identify all related measures. 2. any fines or penalties that are already part of any conviction in the country, completed the full report from the penalty to be enforced in the country of application. Article 12 imprisonment, replacing the outstanding fines or penalties if the fine or penalty cannot be secured in whole or in part, the application of the State instead of by deprivation of liberty, if such cases it allows both national law and if one is not out of the sentencing country denied such a possibility. Article 13 Amnesty, pardon, clemency, penalty penalty review 1. each participating Member State may apply the amnesty, pardon or fines or reduction of fines. 2. The applications for review of a judgment can decide only in the sentencing State. Article 14 termination of the application of the country of execution may terminate the execution when sentencing the country it has been informed of any decision or measure as a result of which the penalty is no longer enforceable. Article 15 fine and a fine collection of the resulting accumulation of funds funds obtained by fine and fine execution of the application state when accumulated one between this country and the sentencing State unless otherwise agreed. Article 16 the State of application of the Information shall inform the sentencing State: (a)) when the execution shall be complete; (b) if the sentenced person is) has escaped from custody before the complete execution; or (c)) on the fine or penalty in whole or in part. Article 17 the consequences in relation to the sentencing State generates referrals 1. The sentencing State may not continue execution if the application state has agreed on the transfer of enforcement. However, if the sentenced person is avoided to exercise enforcement returns back the sentencing State, except between that country and the country of application unless otherwise agreed. 2. If a penalty is passed, providing for fines or penalties, the right to carry out the execution, including the right to replace the fine or penalty to a custodial sentence, agree to the application of the sentencing State once the State has informed it of the fine or of the fine in whole or in part and that it has not imposed a fine alternate, as laid down in article 12. Article 18 language Supporting documents prepared for the sentencing State national language or in one of its official languages. In signing this Convention or depositing an instrument of ratification, acceptance, approval or accession, any party may submit the Declaration, while retaining the right to require that referred to in article 7, the relevant documents are translated into the official language or one of the official languages. Other Member States may apply the principle of reciprocity. Article 19 the costs between Member States will not be required to pay the costs arising from the application of this Convention. 20. the article link to the Hague on 28 May 1970 European Convention on the mutual recognition of the kriminālspriedum in relations between Member States which are Contracting Parties to the European Convention on the international recognition of the kriminālspriedum, which entered into the Hague, 28 May 1970, this Convention applies to the extent that it complements the said Convention or facilitating the application of the principles contained therein. Article 21 signature and entry into force 1 this Convention shall be open for signature by the Member States. To be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands. 2. this Convention shall enter into force ninety days after the date of deposit of instruments of ratification, acceptance or approval is deposited in all European Community Member States, which is a member of the day when the Convention is open for signature. 3. Until the date on which the Convention enters into force, any Member State, when depositing its instrument of ratification, acceptance or approval, or then you can declare that within ninety days following the deposit of the Declaration of the Convention started to apply in that Member State in its relations with Member States which are declared the same. 4. Member States which have not submitted the following declaration, the Convention can apply to the other Contracting States on the basis of bilateral agreements. 5. the Ministry of Foreign Affairs of the Kingdom of the Netherlands shall inform Member States of all subscription, deposit or statements. Article 22 of this Convention shall be open for Accession by any State that becomes a Member State of the European communities. Instruments of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands. For Member States which accede to the Convention, it shall enter into force ninety days after the deposit of the instrument of accession. If the accession date of deposit of the Convention has not yet entered into force, article 21 of the third and fourth parts of the rules relating to acceding Member States, and the Convention shall enter into force on a date fixed in the second paragraph of article 21. Convention signed in Brussels, 13 November 1991, the European Community in all official languages in a single copy, which is deposited by the Kingdom of the Netherlands in the archives of the Ministry of Foreign Affairs; the text is completely authentic in all languages.