APPENDIX 2
Text of EU Mutual Assistance Convention
Council Act of 29 May 2000 establishing
in accordance with Article 34 of the Treaty on European Union
the Convention on Mutual Assistance in Criminal Matters between
the Member States of the European Union
(2000/C 197/01)
THE COUNCIL
OF THE
EUROPEAN UNION
Having regard to the Treaty on European Union, and
in particular Articles 31(a) and 34(2)(d) thereof,
Having regard to the initiative of the Member
States,
Having regard to the opinion of the European
Parliament,[22]
Whereas:
(1) For the purposes of achieving the objectives
of the Union the rules on mutual assistance in criminal matters
between the Member States of the European Union should be improved
and a Convention, as set out in the Annex hereto, should be established
to that end.
(2) Some of the provisions of the Convention
fall within the scope of Article 1 of the Council Decision 1999/437/EC
of 17 May 1999 on certain arrangements for the application of
the Agreement concluded by the Council of the European Union and
the Republic of Iceland and the Kingdom of Norway concerning the
association of those two States with the implementation, application
and development of the Schengen acquis.[23]
(3) This is the case with Articles 3, 5,
6, 7, 12 and 23, and, to the extent relevant to Article 12, with
Article 15 and 16 and, to the extent relevant to the Articles
referred to, with Article 1.
(4) The procedures set out in the Agreement
concluded by the Council of the European Union with the Republic
of Iceland and the Kingdom of Norway concerning the latters' association
with the implementation, application and development of the Schengen
acquis[24]
have been observed in respect of these provisions.
(5) When the adoption of this Act is notified
to the Republic of Iceland and the Kingdom of Norway in accordance
with Article 8(2)(a) of the aforementioned Agreement, those two
States will be informed in particular of the contents of Article
29 on entry into force for Iceland and Norway and will be invited
to submit, at the time they inform the Council and the Commission
of the fulfilment of their constitutional requirements, the relevant
statements under Article 24 of the Convention.
Has decided that the Convention, the text of
which is given in the Annex and which has been signed today by
the Representatives of the Governments of the Member States of
the Union, is hereby established.
Recommends that it be adopted by the Member
States in accordance with their respective constitutional requirements.
Invites the Member States to begin the procedures
applicable for that purpose before 1 January 2001.
For the Council, The President
A Costa
Done at Brussels, 29 May 2000
22 Opinion delivered on 17 February 2000 (not yet
published in the Official Journal). Back
23
OJ L176, 10 July 1999, p 31. Back
24
OJ L176, 10 July 1999, p 36. Back
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