1. When giving the notification referred to in
Article 27(2), each Member State shall make a statement naming
the authorities which, in addition to those already indicated
in the European Mutual Assistance Convention and the Benelux Treaty,
are competent for the application of this Convention and the application
between the Member States of the provisions on mutual assistance
in criminal matters of the instruments referred to in Article
1(1), including in particular:
(a) the competent administrative authorities
within the meaning of Article 3(1), if any;
(b) one or more central authorities for the
purposes of applying Article 6 as well as the authorities competent
to deal with the requests referred to in Article 6(8);
(c) the police or customs authorities competent
for the purpose of Article 6(5), if any;
(d) the administrative authorities competent
for the purposes of Article 6(6), if any; and
(e) the authority or authorities competent
for the purposes of the application of Articles 18 and 19 and
Article 20(1) to (5).
2. Statements made in accordance with paragraph
1 may be amended in whole or in part at any time by the same procedure.
No reservations may be entered in respect of this
Convention, other than those for which it makes express provision.
The application of this Convention to Gibraltar will
take effect upon extension of the European Mutual Assistance Convention
The United Kingdom shall notify in writing the
President of the Council when it wishes to apply the Convention
to the Channel Islands and the Isle of Man following extension
of the European Mutual Assistance Convention to those territories.
A decision on this request shall be taken by the Council acting
with the unanimity of its members.
Entry into force
1. This Convention shall be subject to adoption
by the Member States in accordance with their respective constitutional
2. Member States shall notify the Secretary-General
of the Council of the European Union of the completion of the
constitutional procedures for the adoption of this Convention.
3. This Convention shall, 90 days after
the notification referred to in paragraph 2 by the State, member
of the European Union at the time of adoption by the Council of
the Act establishing this Convention, which is the eighth to complete
this formality, enter into force for the eight Member States concerned.
4. Any notification by a Member State subsequent
to the receipt of the eighth notification referred to in paragraph
2 shall have the effect that, 90 days after the subsequent notification,
this Convention shall enter into force as between this Member
State and those Member States for which the Convention has already
entered into force.
5. Before the Convention has entered into
force pursuant to paragraph 3, any Member State may, when giving
the notification referred to in paragraph 2 or at any time thereafter,
declare that it will apply this Convention in its relations with
Member States which have made the same declaration. Such declarations
shall take effect 90 days after the date of deposit thereof.
6. This Convention shall apply to mutual
assistance initiated after the date on which it has entered into
force, or is applied pursuant to paragraph 5, between the Member
Accession of new Member States
1. This Convention shall be open to accession
by any State which becomes 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. The instruments of accession shall be
deposited with the depositary.
4. This Convention shall enter into force
with respect to any State which accedes to it 90 days after the
deposit of its instrument of accession or on the date of entry
into force of this Convention if it has not already entered into
force at the time of expiry of the said period of 90 days.
5. Where this Convention is not yet in force
at the time of the deposit of their instrument of accession, Article
27(5) shall apply to acceding Member States.
Entry into force for Iceland and Norway
1. Without prejudice to Article 8 of the Agreement
concluded by the Council of the European Union and the Republic
of Iceland and the Kingdom of Norway concerning the latters' association
with the implementation, application and development of the Schengen
acquis (the "Association Agreement"), the provisions
referred to in Article 2(1) shall enter into force for Iceland
and Norway 90 days after the receipt by the Council and the Commission
of the information pursuant to Article 8(2) of the Association
Agreement upon fulfilment of their constitutional requirements,
in their mutual relations with any Member State for which this
Convention has already entered into force pursuant to Article
27(3) or (4).
2. Any entry into force of this Convention
for a Member State after the date of entry into force of the provisions
referred to in Article 2(1) for Iceland and Norway, shall render
these provisions also applicable in the mutual relations between
that Member State and Iceland and Norway.
3. The provisions referred to in Article
2(1) shall in any event not become binding on Iceland and Norway
before the date to be fixed pursuant to Article 15(4) of the Association
4. Without prejudice to paragraphs 1, 2
and 3 above, the provisions referred to in Article 2(1) shall
enter into force for Iceland and Norway not later than on the
date of entry into force of this Convention for the fifteenth
State, being a member of the European Union at the time of the
adoption by the Council of the Act establishing this Convention.
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 adoptions and accessions, statements and reservations and also
any other notification concerning this Convention.
Council Declaration on Article 10(9)
When considering the adoption of an instrument
as referred to in Article 10(9), the Council shall respect Member
States' obligations under the European Convention on Human Rights.
Declaration by the United Kingdom on Article 20
This Declaration shall form an agreed, integral
part of the Convention.
In the United Kingdom, Article 20 will apply
in respect of interception warrants issued by the Secretary of
State to the police service or HM Customs and Excise where, in
accordance with national law on the interception of communications,
the stated purpose of the warrant is the detection of serious
crime. It will also apply to such warrants issued to the Security
Service where, in accordance with national law, it is acting in
support of an investigation presenting the characteristics described
in Article 20(1).