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On The Convention On The Fight Against Corruption Involving Officials Of The European Communities Or Officials Of Member States Of The European Union, Drawn Up On The Basis Of Article K.3 Of The Treaty On European Union, Paragraph 2 Of Point "c"

Original Language Title: Par Konvenciju par cīņu pret korupciju, kurā iesaistītas Eiropas Kopienas amatpersonas vai Eiropas Savienības dalībvalstu amatpersonas, kas izstrādāta, pamatojoties uz Līguma par Eiropas Savienību K.3 panta 2.punkta "c" apakšpunktu

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The Saeima has adopted and the President promulgated the following laws: The Convention on the fight against corruption involving officials of the European communities or officials of Member States of the European Union, drawn up on the basis of article k.3 of the Treaty on European Union, paragraph 2 of the section "c" of article 1. 26 May 1997 Convention on the fight against corruption involving officials of the European communities or officials of Member States of the European Union, drawn up on the basis of article k.3 of the Treaty on European Union, paragraph 2 of the section "c" (hereinafter referred to as the Convention), with this law is accepted and approved. 2. article. The Convention shall enter into force on its article 14 within the time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 3. article. Fulfilment of the obligations provided for in the Convention shall coordinate the corruption prevention and combating Bureau. 4. article. The law shall enter into force on 1 May 2004. By law to be put before the text of the Convention in English and its translation into Latvian language. The law adopted by the Parliament in 2004 on April 22. State v. President Vaira Vīķe-Freiberga in Riga on 1 May 2004 the CONVENTION DRAWN UP ON the basis OF article k. 3 (2) (c) OF the TREATY ON EUROPEAN UNION ON the fight against CORRUPTION INVOLVING officials OF the EUROPEAN communities OR officials OF MEMBER STATES OF the EUROPEAN UNION of the CONVENTION drawn up on the basis of article k. 3 (2) (c) of the Treaty on European Union on the fight against corruption involving officials of the European communities or officials of 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, whereas the Member States consider the improvement of judicial cooperation in the fight against corruption to be a matter of common interest coming under the cooperation provided, for in Title VI of the Treaty; Whereas by its act of 27 September 1996 the Council drew up a Protocol directed in particular at acts of corruption involving national or Community officials and damaging or likely to damage the European Communities ' financial interests; Whereas, for the purpose of improving judicial cooperation in criminal matters between Member States, it is not to go further than the cessary said Protocol and to draw up a Convention directed at acts of corruption involving officials of the European communities or officials of the Member States in general; DESIRO of ensuring consistent and effective application of this Convention throughout the European Union, have AGREED ON the FOLLOWING PROVISION: article 1 Definition For the purpose of this Convention: (a) ' official ' shall mean any Community or national official, including any national official of another Member State; (b) ' Community official ' shall mean: — any person who is an official or other contracted employee within the meaning of the Staff Regulations of officials of the European communities or the conditions of employment of other servants of the European communities, any person seconded to the European communities by the Member States or by any public or private body, who carr out functions equivalent to those performed by European Community officials or other servants. Members of bodies set up in accordanc with the Treats to establishing the European communities and the staff of such bodies shall be treated as Community officials, inasmuch as the Staff Regulations of officials of the European communities or the conditions of employment of other servants of the European communities do not apply to them; (c) ' national official ' shall be understood by reference to the definition of ' official ' or ' public officer ' in the national law of the Member State in which the person in question perform that function for the purpose of application of the criminal law of that Member State. Vertheles, not in the case of proceedings involving a Member State's official initiated by another Member State, the latter shall not be bound to apply the definition of ' national official ' except insofar as that the definition is compatible with its national law. Article 2 passive corruption For the purpose of 1 of this Convention, the deliberate action of an official, who, directly or through an intermediary, requests or receive the advantage of any kind whatesoever, for himself or for a third party, or accept a promise of such an advantage, to act or refrain from acting in accordanc with his duty or in the exercise of his functions in breach of his official duties shall constitut of passive corruption. 2. Each Member State shall take the measure of the cessary ensur that conduct of the type referred to in paragraph 1 is made a criminal offenc. Article 3 active corruption 1. For the purpose of this Convention, the deliberate action of whosoever promises or give, directly or through an intermediary, an advantage of any kind whatsoever to an official for himself or for a third party for him to act or refrain from acting in accordanc with his duty or in the exercise of his functions in breach of his official duties shall constitut active corruption. 2. Each Member State shall take the measure of the cessary ensur that conduct of the type referred to in paragraph 1 is made a criminal offenc. Article 4 Each Member State Assimilation 1. shall take the measure of the cessary ensur that in its criminal law the descriptions of the offenc referred to in the articles 2 and 3 committed by or against its Government Minister, elected members of parliamentary chambers, it is the members of its highest courts or the members of the Court of Auditors of it in the exercise of their functions apply similarly in cases where such of the offenc committed by or against members of the Commission of the European communities, the European Parliament, the Court of Justice and the Court of Auditors of the European Communities of respectively in the exercise of their duties. 2. Where a Member State has enacted special legislation concerning acts or omission for which the Government is responsible to the Minister by reason of their special political position in that Member State, paragraph 1 may not apply to such legislation, provided that the Member State of ensur that members of the Commission of the European communities are also covered by the criminal legislation implementing articles 2 and 3. Paragraphs 1 and 2 shall be without prejudice to the provision of applicable in each Member State concerning criminal proceedings and the determination of the competent court. 4. This Convention shall apply in full accordanc with the relevant provision of the Treats to establishing the European communities, the Protocol on the Privileges and to the Immunit of the European communities, the Statute of the Court of Justice and the texts adopted for the purpose of their implementation, as regards the withdrawals of immunity. Article 5 penalties 1. Each Member State shall take the measure of the cessary ensur that the conduct referred to in articles 2 and 3, and participating in and instigating the conduct in question, is punishabl by effective, proportionat and dissuasiv in criminal penalties, including, at least in serious cases, penalties involving deprivation of liberty which can give rise to extradition. 2. Paragraph 1 shall be without prejudice to the exercise of disciplinary powers by the competent authorities to be against national officials or Community officials. In determining the penalty to be imposed, the national criminal courts may, in accordanc with the principles of their national law, take into account any disciplinary penalty already imposed on the same person for the same conduct. Article 6 Criminal liability of Heads of businesses Each Member State shall take the measure to allow cessary heads of businesses or any persons having power to take decisions or exercise control within a business to be declared criminally liabl in accordanc with the principles defined by its national law in cases of corruption, as referred to in article 3, by a person under their authority acting on behalf of the business. Article 7 Jurisdiction 1. Each Member State shall take the measure not to establish its jurisdiction over the cessary the offenc it has established in accordanc with the obligation of arising out of articles 2, 3 and 4 where: (a) the offenc is committed in whole or in part within its territory; (b) the offender is one of its nationals or one of its officials; (c) the offenc is committed against one of the persons referred to in article 1 or a member of one of the European Community institutions referred to in article 4 (1) who is at the same time one of its nationals; (d) the offender is a Community official working for a European Community institution or a body set up in accordanc with the Treats to establishing the European communities which has its headquarters in the Member State in question. 2. Each Member State may declare, when giving the notification provided for in article 13 (2), that it will not apply or will apply only in specific cases or conditions one or more of the jurisdiction rules passed down in paragraph 1 (b), (c) and (d). Article 8 Extradition and prosecution 1. Any Member State which, under its law, does not own the Dodgers extradit it shall take the measure to establish its cessary jurisdiction over the offenc it has established in accordanc with the obligation of arising out of articles 2, 3 and 4, when committed by its own nationals outside its territory. 2. Each Member State shall, when one of its nationals is alleged to have committed in another Member State of the UN in accordanc with offenc established the obligation of the arising out of articles 2, 3 and 4 and it does not that person to extradit that other Member State solely on the ground of his nationality, submit the case to its competent authorities for the purpose of prosecution if the appropriate. In order to enable prosecution to take place, the files, information and relating it to the exhibit of the offenc shall be transmitted in accordanc with the procedures put down in article 6 of the European Convention on Extradition of 13 December 1957. The requesting Member State shall be informed of the prosecution initiated and of its outcomes. 3. For the purpose of this article, the term ' national ' of a Member State shall be construed in accordanc with any declaration made by that State under article 6 (1) (b) of the European Convention on Extradition and with paragraph 1 (c) of that article. Article 9 Cooperation 1. If any procedure in connection with an Office established in accordanc offenc with the obligation of arising out of articles 2, 3 and 4 concerns at least two Member States, those States shall cooperate effectively in the investigation, the prosecution and in carrying out the punishment imposed by means, for example, of mutual legal assistance, extradition, transfer of proceedings or enforcement of the line passed in another Member State. 2. Where more than one Member State has jurisdiction and has the possibility of prosecution of an offenc viabl is based on the same facts, the Member States involved shall cooperate in deciding which shall the offender or offender prosecut with a view to centralizing the prosecution in a single Member State where possible of. Article 10 Ne bis in idem 1. Member States shall apply in their national criminal law, the ne bis in idem rule, under which a person whose trial has been finally disposed of in a Member State may not be prosecuted in another Member State in respect of the same facts, provided that if a penalty was imposed, it has been enforced that is actually in the process of being enforced or can no longer be enforced under the laws of the sentencing State. 2. A Member State may, when giving the notification referred to in article 13 (2), declare that it shall not be bound by paragraph 1 of this article in one or more of the following cases: (a) if the facts which were the subject of the judgement rendered abroad took place in its own territory either in whole or in part; in the latter case this exception shall not apply if those facts took place partly in the territory of the Member State where the judgement was rendered; (b) if the facts which where the subject of the judgement rendered abroad constitut an offenc is directed against the security or other equally essential interests of that Member State; (c) if the facts which were the subject of the judgement rendered abroad were committed by an official of that Member State contrary to the duties of his Office. 3. If a further prosecution is brough in a Member State against a person whose trial, in respect of the same facts, has been finally disposed of in another Member State, any period of deprivation of liberty served in the latter Member State arising from those facts shall be deducted from any sanction imposed. To the permitted by national law, be exten sanctions not involving deprivation of liberty shall also be taken into account insofar as they have been enforced. 4. The exception to which may be the subject of a declaration under paragraph 2 shall not apply if the Member State concerned in respect of the same facts requested the other Member State to bring the prosecution or granted extradition of the person concerned. 5. Relevant bilateral agreements concluded between the multilaterals or Member States and relevant declarations shall remain unaffected by this article. Article 11 Internal provision of provision in this Convention shall prevent Member States from adopting internal legal provision will go beyond the obligations of which deriving from this Convention. Article 12 Court of Justice Any dispute between 1. Members States on the interpretation or application of this Convention which it has proved impossible to resolve bilaterally must in an initial stage be examined by the Council in accordanc with the procedure set out in Title VI of the Treaty on European Union with a view to reaching a solution. If a solution has been found from within six months, the matter may be referred to the Court of Justice of the European communities by one of the parties to the dispute. 2. Any dispute between one or more Member States and the Commission of the European communities concerning article 1, with the exception of point (c), or articles 2, 3 and 4, insofar as it concerns a question of Community law or of the communities ' financial interests, or of members of official involv of Community institutions of bodies set up in accordanc with the Treats to establishing the European communities , which it has proved impossible to settle through negotiation may be submitted to the Court of justice by one of the parties to the dispute. 3. Any court in a Member State may ask the Court of Justice to give a preliminary ruling on a matter concerning the interpretation of articles 1 to 4 and 12 to 16 raised in a case pending before it and involving members or officials of Community institutions or bodies set up in accordanc with the Treats to establishing the European communities , acting in the exercise of their functions, if it consider that a decision on the matter is not to enable it cessary to give judgement. 4. The competence of the Court of Justice provided for in paragraph 3 shall be subject to its acceptance by the Member State concerned in a declaration to that effect made at the time of the notification referred to in article 13 (2) or at any subsequent time. 5. A Member State making a declaration under paragraph 4 may restrict the possibility of asking the Court of Justice to give a preliminary ruling by the courts of those it against the decisions of which there is no judicial remedy under national law. 6. The Statute of the Court of Justice of the European Community and its rules of procedure shall apply. In accordanc with those of the Statute, any Member State, or the Commission, whethers or not it has made a declaration, paragraph 4, it shall be pursuan be entitled to submit statements of case or written observations to the Court of Justice in cases which under paragraph 3 of «arise. Article 13 Entry into force this Convention shall be 1 subject to adoption by the Member States in accordanc with their respectiv is constitutional requirements. 2. Member States shall notify the Secretary-General of the Council of the European Union of the completion of the procedures put down by their constitutional requirements for adopting the respectiv this Convention. 3. This Convention shall enter into force ninety days after the notification, referred to in paragraph 2, by the last Member State to fulfil that formality. 4. Until the entry into force of this Convention, any Member State may, when giving the notification referred to in paragraph 2 or at any time thereafter, declare that this Convention, with the exception of article 12 thereof, shall apply to it in its relationships with those Member States which have made the same declaration. This Convention shall become applicable in respect of the Member State that makes such a declaration on the first day of the month following the expiry of a period of ninety days after the date of deposit of its declaration. 5. A Member State that has not made any declaration as referred to in paragraph 4 may apply this Convention with respect to the other contracting Member States on the basis of bilateral agreements. Article 14 Accession of new Member States 1. This Convention shall be open to accession by any State that become a member of the European Union. 2. The text of this Convention in the language of the acceding State, drawn up by the Council of the European Union, shall be authentic. 3. Instruments of accession shall be deposited with the depositary. 4. This Convention shall enter into force with respect to any State acceding to it ninety days after the date of deposit of its instrument of accession or on the date of entry into force of the Convention if it has not already entered into force at the time of expiry of the said period of ninety days. 5. If this Convention has not yet entered into force when the instrument of accession is deposited, article 13 (4) shall apply to acceding States. Article 15 reservations reservation shall be authorized From 1 with the exception of those provided for in articles 7 (2) and 10 (2). 2. Any Member State which has entered a reservation may withdraw it at any time in whole or in part by notifying the depositary. Withdrawals shall take effect on the date on which the depositary receive the notification. Article 16 Depositary 1. The Secretary-General of the Council of the European Union shall act as depositary of this Convention. 2. The depositary shall publish in the Official Journal of the European communities information on the progress of adoption and accession, declarations and reservations and any other notification concerning this Convention.

Convention on the fight against corruption involving officials of the European communities or OFFICIALS of Member States of the European Union, DRAWN UP on the basis of article k.3 of the Treaty on European Union, paragraph 2 of the section "C" of THIS CONVENTION, the High Contracting Parties, Member States of the European Union, referring to the Council of the European Union of 26 May 1997 decision, given that the Member States for the improvement of judicial cooperation in the fight against corruption is considered a matter of common interest arising from the said contract of cooperation set out in part IV; Considering that, with its 27 September 1996 the Council drew up a Protocol of the legislation that specifically targeted against corrupting activities involving national officials or officials and which cause or may cause damage to the European Communities ' financial interests; Noting that judicial cooperation in criminal matters between the Member States, it is necessary to go beyond the said Protocol and to develop the Convention, which address the corrupting activities involving officials of the European communities or officials of the Member States; With the desire to ensure the consistent and effective this Convention application throughout the European Union, have agreed upon the following provisions: article 1 definitions for the purposes of this Convention: (a) the term "officer" means any community or national official, including any national official of another Member State; (b) the term ' community official ' shall mean: — any person who is an official or other contract of employment, on the basis of the European Communities staff regulations of officials or the European Community rules for other hiring — any person or Member States of any public or private person has sent to the European communities and which carries out functions equivalent to European Community officials or other staff of the functions to be performed. The institutions, created under the treaties that established the European Community, members and staff are subject to the same rules as to community officials, noting that they are not subject to the provisions of the European Community or the European Community Staff provisions for other employee hired; (c) the term "national security" is to be understood under the term "official" or "public officials" definitions in national laws in the Member State in which the person concerned carries out functions of criminal law enforcement purposes. However, in cases where legal proceedings in cases where a Member State is involved, officials began a another Member State, the latter need not apply "national official" definition, except where the definition is adequate in that State's national law. Article 2 passive corruption for the purposes of this Convention, the deliberate activity of any official directly or with the help of mediation requests or receives advantages of any kind to yourself or any third party, or accepts such advantage, to offer this Executive perform its functions or duties or refrain from your function or duties in breach of his duties, shall be considered as the passive corruption. 2. Each Member State shall take the necessary measures to ensure that the article referred to in the first subparagraph to be qualified to conduct a criminal offence. 3. Article 1 of the active corruption of the meaning of this Convention an intentional action that any individual step or go directly or with the assistance of mediation officer benefits of any kind for this official or third party, this officer to perform its functions or duties or refrain from your function or duties in breach of his duties, shall be considered as the active corruption. 2. Each Member State shall take the necessary measures to ensure that the article referred to in the first subparagraph to be qualified to conduct a criminal offence. Article 4 Assimilation 1. Each Member State shall take the necessary measures to ensure that the Criminal Law Convention in 2 and 3 offences referred to in article, which is done its Government Ministers, elected to the Oireachtas members, members of the Supreme Court or the Court of Auditors of the Member in the performance of their functions, or who have been committed against them, are also extended to the cases where such offences are committed members of the Commission of the European Community in the , The European Parliament, the Court of Justice of the community and the members of the Court of Auditors, in the performance of their tasks, or which have been committed against them. 2. Where a Member State has adopted special rules concerning acts or omissions for which Government Ministers are responsible to their special political position in that Member State, the first part to such laws may not apply, if the Member State shall ensure that the Commission of the European communities will apply to members of the criminal law article, which provides for the responsibility for the Convention referred to in article 2 and 3. Article 3, first and second subparagraphs shall not affect any Member State rules relating to criminal proceedings and the determination of the competent court of 4. this Convention shall apply in full accordance with the relevant provisions of the Treaty establishing the European Community, the provisions of the European Community, of the Protocol on the privileges and immunities, the Statute of the Court of Justice and the texts adopted for their application, in relation to the withdrawal of immunity. Article 5 penalties 1. Each Member State shall take the necessary measures to ensure that article 2 and 3 of the said activities, participation in and promotion of the activity would be punished by effective, proportionate and appropriate criminal penalties, including, at least in cases of serious offences, the deprivation of liberty, which creates prerequisites for the extradition of criminals. 2. The first paragraph shall not affect the competent bodies implement the application of disciplinary sanctions against national officials or community officials. In determining the applicable penalty, national courts, which view the criminal, according to their national legal principles in cases of corruption, may take into account the fact that the person for the same Act is the appropriate disciplinary action. Article 6 of the criminal liability of the operator of each Member State shall take the necessary measures to ensure that cases of corruption as referred to in article 3, and that person is within their competence, done on behalf of the company or any other person with the right to take decisions or exercise control within the company, to be called the criminally liable in accordance with its national laws and principles. Article 7 jurisdiction 1. Each Member State shall take the necessary measures to establish its jurisdiction over the offences it has established in accordance with the obligations arising from the 2, 3 and 4, where: (a) a criminal offence is committed in whole or in part within its territory; (b) criminal offender is a national of the Member State concerned or official; (c) a criminal offence is committed against one of 1. persons referred to in article 1, or to any of the article referred to in the first subparagraph, Member of the European Community institutions, which is also the national; (d) criminal offender is a community official working for a European Community institution or body, established under the treaties establishing the European Community, and whose location is in the Member State concerned. 2. Submit an article 13 referred to in the second paragraph of the notice, each Member State may determine that it will establish its jurisdiction or establish it only in special cases, all of the first paragraph of this article, (b), (c) and (d) the cases referred to in points. Article 8 extradition proceedings 1. Any Member State which, under its law fails of its nationals shall take the necessary measures to establish its jurisdiction over the offences that it has specified under 2, 3 and 4, when required for criminal offences committed by its nationals outside its territory. 2. each Member State shall, where the citizen is suspected of an offence established in accordance with 2, 3 & 4, required in another Member State and that Member State fails the person, only on the basis of his or her nationality, submit the case to the case to their competent authorities with a view to prosecution. In order to facilitate further progress towards the proposed case, data, information and materials relating to the criminal offence, is passed under the 1957 December 13 of the European Convention on extradition provisions of article 6. The requesting Member State is informed of the proposed use and the outcome of the proceedings. 3. The meaning of this article, the term "Member State" is translated according to the reservations made by Member States in accordance with the European Convention on extradition article 6, first paragraph, (b) and (c) of this article. Article 9 cooperation 1. If a procedure that is linked to the criminal offences defined in accordance with 2, 3 and 4 and in article concerns at least two Member States, those States shall cooperate effectively in the investigation, judicial proceedings and enforcement of judgments, such as providing mutual legal assistance, extradition, cooperation in the transfer of proceedings or enforcement of judgments given in another Member State. 2. If more than one Member State has jurisdiction and has a real chance to prosecute a criminal offence based on the same facts, the Member States involved shall cooperate in deciding which continues the progress of the case against the offender or offenders, in order, if possible, of centralising proceedings in this one Member State. Article 10 Ne bis in idem 1. Member States shall introduce into their national legislation in the field of criminal law the ne bis in idem principle according to which a person whose trial has expired, the Member State cannot be accused in another Member State for the same offence, if the punishment has been ordered, has been completed, currently being executed or can not be further executed in accordance with its national laws and regulations that make the judgment. 2. Submit an article 13 the notice referred to in the second subparagraph, the Member State may provide that it shall not link the first part of this article in one or more of the cases listed below: (a) if the actions that are the basis for the judgment given in another country, to be carried out on its territory fully or in part; in the latter case this exception is not applicable, if these operations take place partly in the territory of the Member State in which the judgment was given; (b) if the actions that are the basis for other country given judgment contains a criminal signs, against the State security or other equally important interests; (c) if the actions that are the basis for the judgment given in another country, the Member State officials made the opposite to their job. 3. If a further prosecution in the particular person is a Member State, on the basis of the same facts, on the basis of which the thing has already ended in another Member State, on the basis of the limitation or deprivation of liberty, the last Member State must abandon its imposition of sanctions on the basis of the above facts. According to the national regulations, sanctions, which do not involve deprivation of liberty, also be taken into account in so far as they are appropriate. 4. the exceptions which may be on the basis of the notification referred to in the second subparagraph shall not be applied if the Member State concerned in respect of the same facts requested the other Member State to prosecute the persons involved or extradition. 5. This article shall not affect the agreements among the Member States the relevant bilateral or multilateral agreements and, where appropriate, the notifications from Member States. Article 11 of the internal rules, none of the provisions of this Convention shall not prevent the Member States can adopt internal legal provisions which go beyond the provisions of this Convention. 12. Article 1 of the Court of Justice of the European communities. any dispute between Member States regarding the interpretation or application of this Convention, which mutually solve is impossible, originally present to the Council in accordance with the Treaty of the European Union the procedure laid down in title IV, for the purpose of reaching a solution. If no solution is reached within six months, the party to the dispute may refer the case to the Court of the European communities. 2. any dispute between one or more Member States and the European Community, which related to article 1 (c), except for the point, or 2, 3 and 4 of the article as much as it concerns the question of Community law or the financial interests of the community, or which are involved in accordance with the Treaty establishing the European Community, the Community institutions created or officials, and which cannot be settled through negotiation , one of the parties to the dispute may be submitted to the Court of the European communities. 3. any Member State may ask the Court to give a preliminary decision on the 1-4 and 12-interpretation of article 16, if the question raised in the proceedings in the case and it involved or the Community institutions in accordance with the treaties establishing the European communities or of the members of the organization created by officials who carry out their functions, if the Member State considers that a decision on the matter is necessary to enable it to pass judgment. 4. In the third paragraph, the jurisdiction of the Court provided for in the Member State concerned accepts the notification in this regard to article 13, second paragraph, the provision of this notice or at any later time. 5. the Member State shall give notification in accordance with the fourth paragraph, you can restrict who can request the Court of Justice to give a preliminary statement of its decision to the courts against decisions which, in accordance with the laws of the country do not have legal remedies. 6. The Statute of the Court of Justice of the European Community and its rules of procedure. Under these statutes, any Member State or the Commission, whether or not a given notification under the fourth part is the rights arising from the third paragraph, submit the case to the Court of Justice of the European communities or the conditions of the written notes. Article 13 entry into force 1. Member States shall adopt this Convention in accordance with their respective constitutional requirements. 2. Member States shall notify the Secretary-General of the Council of the European Union for the completion of all the procedures that are required under their respective constitutional rules for adopting this Convention. 3. this Convention shall enter into force ninety days after the date on which the last Member State has submitted the notification specified in the second paragraph of these formalities. 4. Until the entry into force of this Convention any time the Member State providing the notice specified in the second paragraph or any time thereafter, declare that this Convention, with the exception of article 12, the Member State shall apply to those Member States which have given the same notification. This Convention becomes applicable to the notifying Member State, on the first day of the month following the expiry of ninety days after the date of deposit of the notification. 5. a Member State which has not provided any notification, as described in the fourth paragraph, you can apply this Convention with respect to the remaining Contracting States, on the basis of bilateral agreements. Article 14 accession of new Member States 1 this Convention shall be open for accession by any State that becomes a member of the European Union. 2. the text of this Convention in the language of the country, and that the Council of the European Union, shall be authentic. 3. Accession shall be submitted to the depositary. 4. this Convention in relation to a State which accedes shall enter into force 90 days after the date of the Act of accession or on the date when this Convention enters into force, if it is not already entered into force on the expiry of that 90-day period ends. 5. If this Convention has not yet entered into force, after the accession, the country, which, joined to apply article 13 in the quarter. Article 15 reservations no reservations 1 is not permitted, except those that are defined in article 7, second paragraph, the paragraph and article 10, second paragraph. 2. any Member State which has notified a reservation, it may be totally or partially withdrawn at any time by informing the depositary of its decision. Reservation cancellation is effective from the date on which the depositary receives the notification said. Article 16 depositary 1. the Secretary-General of the Council of the European Union is the depositary of this Convention. 2. the depositary shall publish in the official journal of the European communities information on the progress of adoptions and accessions, declarations and reservations and other communications related to this Convention.