COUNCIL
Communication by the Secretary-General
of the European Union under Article 30(2) of the 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
(2000/C197/02)
On 29 May 2000, on the signing of the 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 Grand Duchy
of Luxembourg made the following Declaration under Article 23(7)
of the Convention:
"In accordance with the provisions of Article
23 of the Convention, established by the Council in accordance
with Article 34 of the Treaty on European Union and Mutual Assistance
in Criminal Matters between the Member States of the European
Union, signed in Brussels on 29 May 2000, (hereinafter "the
Convention"), the Government of the Grand Duchy of Luxembourg
hereby declares that, where personal data are communicated by
the Grand Duchy of Luxembourg under this Convention to another
Member State, the Grand Duchy of Luxembourg may, subject to the
provisions of Article 23(1)(c) of the Convention, in the circumstances
of a particular case, require that, unless the Member State concerned
has obtained the consent of the data subject, the personal data
may only be used for the purposes referred to in Article 23(1)(a)
and (b) of the Convention with the prior consent of the Grand
Duchy of Luxembourg in respect of proceedings for which the Grand
Duchy of Luxembourg could have refused or limited the transmission
or use of the personal data in accordance with the provisions
of this Convention or the instruments referred to in Article 1
of the Convention.
If in the circumstances of a particular case
the Grand Duchy of Luxembourg refuses to give its consent following
a request by a Member State in application of the provisions of
paragraph 1, it will indicate the reasons for its decision in
writing."
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