Annex
Convention established by the Council
in accordance with Article 34 of the Treaty on European Union,
on Mutual Assistance in Criminal Matters between the Member States
of the European Union
The High Contracting Parties to this Convention,
Member States of the European Union.
Referring to the Council Act establishing the
Convention on Mutual Assistance in Criminal Matters between the
Member States of the European Union,
Wishing to improve judicial co-operation in
criminal matters between the Member States of the Union, without
prejudice to the rules protecting individual freedom,
Pointing out the Member States' common interest
in ensuring that mutual assistance between the Member States is
provided in a fast and efficient manner compatible with the basic
principles of their national law, and in compliance with the individual
rights and principles of the European Convention for the Protection
of Human Rights and Fundamental Freedoms, signed in Rome on 4
November 1950,
Expressing their confidence in the structure
and functioning of their legal systems and in the ability of all
Member States to guarantee a fair trial,
Resolved to supplement the European Convention
on Mutual Assistance in Criminal Matters of 20 April 1959 and
other Conventions in force in this area, by a Convention of the
European Union,
Recognising that the provisions of those Conventions
remain applicable for all matters not covered by this Convention,
Considering that the Member States attach importance
to strengthening judicial co-operation, while continuing to apply
the principle of proportionality,
Recalling that this Convention regulates mutual
assistance in criminal matters, based on the principles of the
Convention of 20 April 1959,
Whereas, however, Article 20 of this Convention
covers certain specific situations concerning interception of
telecommunications, without having any implications with regard
to other such situations outside the scope of the Convention,
Whereas the general principles of international
law apply in situations which are not covered by this Convention,
Recognising that this Convention does not affect
the exercise of the responsibilities incumbent upon Member States
with regard to the maintenance of law and order and the safeguarding
of internal security, and that it is a matter for each Member
State to determine, in accordance with Article 33 of the Treaty
on European Union, under which conditions it will maintain law
and order and safeguard internal security,
Have agreed on the following provisions:
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