THE EUROPEAN UNION,
on the one hand, and
THE REPUBLIC OF ICELAND
and
THE KINGDOM OF NORWAY,
on the other hand,
hereinafter referred to as 'the Contracting
Parties',
WISHING to improve judicial cooperation in criminal
matters between the Member States of the European Union and
Iceland and Norway, without prejudice to the rules protecting
individual freedom,
CONSIDERING that current relationships among the
Contracting Parties require close cooperation in the fight
against crime,
POINTING OUT the Contracting Parties' common interest
in ensuring that mutual assistance between the Member States of
the European Union and Iceland and Norway 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 at
Rome on 4 November 1950,
EXPRESSING their mutual confidence in the structure and
functioning of their legal systems and in the ability of all
Contracting Parties 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 an Agreement
between the European Union, Iceland and Norway,
RECOGNISING that the provisions of those Conventions
remain applicable for all matters not covered by this
Agreement,
RECALLING that this Agreement, including Annex I
thereto, regulates mutual assistance in criminal matters, based
on the principles of the Convention of 20 April
1959,
CONSIDERING that in Article 2 paragraph 1 of the
Convention of 29 May 2000 on Mutual Assistance in Criminal
Matters between the Member States of the European Union, and in
Article 15 of the Protocol of 16 October 2001 thereto, the
provisions have been identified which constitute a development
of the Schengen acquis, and which therefore have been
accepted by Iceland and Norway by virtue of their obligations
under the Agreement of 18 May 1999 concluded by the Council of
the European Union, the Republic of Iceland and the Kingdom of
Norway on the latters' association with the application,
implementation and development of the provisions of the
Schengen acquis,
CONSIDERING that Iceland and Norway have expressed
their wish to enter into an agreement enabling them to apply
also the other provisions of the 2000 Mutual Assistance
Convention and of the 2001 Protocol in their relations with the
Member States of the European Union,
CONSIDERING that the European Union also considers it
necessary to have such an agreement in place,
HAVE AGREED AS FOLLOWS:
Article 1
1. Subject to the provisions of this Agreement, the
content of the following provisions of the Convention of 29 May
2000, established by the Council of the European Union 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, hereinafter referred to as 'the EU
Mutual Assistance Convention', shall be applicable in the
relations between the Republic of Iceland and the Kingdom of
Norway and in the mutual relations between each of these States
and the Member States of the European Union:
Articles 4, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19,
20, 21, 22, 25 and 26, as well as Articles 1 and 24 to the
extent that they are relevant for any of those other
Articles.
2. Subject to the provisions of this Agreement, the
content of the following provisions of the Protocol of 16
October 2001,established by the Council of the European Union
in accordance with Article 34 of the Treaty on European Union,
to the Convention on Mutual Assistance in Criminal Matters
between the Member States of the European Union, hereinafter
referred to as 'the EU Mutual Assistance Protocol', shall be
applicable in the relations between the Republic of Iceland and
the Kingdom of Norway and in the mutual relations between each
of these States and the Member States of the European
Union:
Articles 1 (paragraphs 1 to 5), 2, 3, 4, 5, 6, 7, 9, 11
and 12.
3. The declarations made by Member States under
Articles 9(6), 10(9), 14(4), 18(7) and 20(7) of the EU Mutual
Assistance Convention and Article 9(2) of the EU Mutual
Assistance Protocol shall also be applicable in the relations
with the Republic of Iceland and the Kingdom of
Norway.
Article 2
1. The Contracting Parties, in order to achieve the
objective of arriving at as uniform an application and
interpretation as possible of the provisions referred to in
Article 1,shall keep under constant review the development of
the case-law of the Court of Justice of the European
Communities, as well as the development of the case-law of the
competent courts of Iceland and Norway relating to such
provisions. To this end a mechanism shall be set up to ensure
regular mutual transmission of such case-law.
2. Iceland and Norway shall be entitled to submit
statements of case or written observations to the Court of
Justice in cases where a question has been referred to it by a
court or tribunal of a Member State for a preliminary ruling
concerning the interpretation of any provisions referred to in
Article 1.
Article 3
If a request is refused, Norway or Iceland may ask the
requested Member State to report to Eurojust any problem
encountered concerning the execution of the request, for a
possible practical solution.
Article 4
Any dispute between either Iceland or Norway and a
Member State of the European Union regarding the interpretation
or the application of this Agreement or of any of the
provisions referred to in Article 1 thereof may be referred by
a Party to the dispute to a meeting of representatives of the
governments of the Member States of the European Union and of
Iceland and Norway, with a view to its settlement within six
months.
Article 5
The Contracting Parties agree to carry out a common
review of this Agreement no later than five years after its
entry into force. The review shall in particular address the
practical implementation, interpretation and development of the
Agreement and may also include issues such as the consequences
of further development of the European Union relating to the
subject matter of this Agreement.
Article 6
1. The Contracting Parties shall notify each other of
the completion of the procedures required to express their
consent to be bound to this Agreement.
2. When giving their notification under paragraph 1 or,
if so provided, at any time thereafter, Iceland and Norway may
make any of the declarations provided for in Articles 9(6),
10(9),14(4),18(7) and 20(7) of the EU Mutual Assistance
Convention and Article 9(2) of the EU Mutual Assistance
Protocol.
3. As far as the relevant provisions of the EU Mutual
Assistance Convention are concerned, this Agreement shall enter
into force on the first day of the third month following the
day on which the Secretary-General of the Council of the
European Union establishes that all formal requirements
concerning the expression of the consent by or on behalf of the
Parties to this Agreement have been fulfilled, or on the date
on which the EU Mutual Assistance Convention enters into force
in accordance with Article 27(3) thereof, if such date is
later. As far as the relevant provisions of the EU Mutual
Assistance Convention are concerned, the entry into force of
this Agreement creates rights and obligations between Iceland
and Norway and between Iceland, Norway and those EU Member
States in respect of which the EU Mutual Assistance Convention
has entered into force.
4. As far as the relevant provisions of the EU Mutual
Assistance Protocol are concerned, this Agreement shall enter
into force on the first day of the third month following the
day on which the Secretary-General of the Council of the
European Union establishes that all formal requirements
concerning the expression of the consent by or on behalf of the
Parties to this Agreement have been fulfilled, or on the date
on which the EU Mutual Assistance Protocol enters into force in
accordance with Article 13(3) thereof, if such date is later.
As far as the relevant provisions of the EU Mutual Assistance
Protocol are concerned, the entry into force of this Agreement
creates rights and obligations between Iceland and Norway and
between Iceland, Norway and those EU Member States in respect
of which the EU Mutual Assistance Protocol has entered into
force.
5. Subsequently, such rights and obligations shall come
into being between Norway, Iceland and other EU Member States
as from the dates on which the EU Mutual Assistance Convention
and/or the EU Mutual Assistance Protocol enter into force for
such other EU Member States.
6. This Agreement shall apply only to mutual assistance
procedures initiated after the date on which it creates rights
and obligations by virtue of paragraphs 3 and 4.
Article 7
Accession by new Member States of the European Union to
the EU Mutual Assistance Convention and/or to the EU Mutual
Assistance Protocol shall create rights and obligations under
this Agreement between those new Member States and Iceland and
Norway.
Article 8
1. This Agreement may be terminated by the Contracting
Parties. In the event of termination by either Iceland or
Norway, this Agreement shall remain in force between the
European Union and the State for which it has not been
terminated.
2. Termination of this Agreement pursuant to paragraph
1 shall take effect six months after the deposit of the
notification of termination. Procedures for complying with
requests for mutual legal assistance still pending at that date
shall be completed in accordance with the provisions of this
Agreement.
3. This Agreement shall be terminated in the event of
termination of the Agreement of 18 May 1999 concluded by the
Council of the European Union, the Republic of Iceland and the
Kingdom of Norway on the latters' association with the
application, implementation and development of the Schengen
acquis.
4. Termination of this Agreement pursuant to paragraph
3 shall take effect for the same Party or Parties and on the
same date as the termination of the Agreement of 18 May 1999
referred to in paragraph 3.
Article 9
1. The Secretary-General of the Council of the European
Union shall act as the depository of this Agreement.
2. The depository shall make public information on any
notification made concerning this Agreement.
Article 10
This Agreement shall be drawn up in one single copy in
the Danish, Dutch, English, Finnish, French, German, Greek,
Icelandic, Irish, Italian, Norwegian, Portuguese, Spanish and
Swedish languages, each text being equally
authentic.
Hecho en Bruselas, el diecinueve de diciembre de dos mil
tres.
Udfærdiget i Bruxelles, den nittende december to tusind og
tre.
Geschehen zu Brüssel am neunzehnten Dezember
zweitausendunddrei.
Έγινε στις Βρυξέλλες, στις δέκα εννέα Δεκεμβρίου δύο χιλιάδες
τρία.
Done at Brussels, this nineteenth day of December, in the year
two thousand and three.
Fait à Bruxelles, le dix-neuf décembre deux mille trois.
Arna dhéanamh sa Bhruiséil ar an naoú lá déag de Nollaig sa
bhliain dhá mhíle is a trí.
Fatto a Bruxelles, addì diciannove dicembre duemilatre.
Gedaan te Brussel, de negentiende december
tweeduizenddrie.
Feito em Bruxelas, em dezanove de Dezembro de dois mil e
três.
Tehty Brysselissä yhdeksäntenätoista päivänä joulukuuta vuonna
kaksituhattakolme.
Som skedde i Bryssel den nittonde december
tjugohundratre.
Gjört í Brussel nítjánda dag desembermánaðar árið tvö þúsund
og þrjú.
Utferdiget i Brussel den 19. desember 2003.
Por la Unió Europea
For Den Europæiske Union
Für die Europäische Union
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l'Union européenne
Thar ceann an Aontais Eorpaigh
Per l'Unione europea
Voor de Europese Unie
Pela União Europeia
Euroopan unionin puolesta
För Europeiska unionen
