14349/16 MP/SC/mvk 1 DG D 2B
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1 Council of the European Union Brussels, 15 November 2016 (OR. en) 14349/16 COPEN 336 EUROJUST 146 EJN 72 NOTE From: To: General Secretariat of the Council Delegations No. prev. doc.: 9638/15 Subject: Implementation of the of the Council of the European Union of 22 July 2003 (2003/577/JHA) on the execution in the European Union of orders freezing property or evidence - Information provided to the General Secretariat Delegations will find attached a table with information about the state of play concerning the implementation of Council on the execution in the European Union of orders freezing property or evidence (OJ L 196, , p.45). This information is based on information provided by s to the Council General Secretariat, to which reference is made in the last column. In accordance with Article 14, the should have been implemented by 2 August According to the information received, up to now 25 s (BE, BG, CZ, DK, DE, EE, ES, FR, HR, IE, CY, LV, LT, HU, MT, NL, AT, PL, PT, RO, SI, SK, FI, SE, UK) have implemented the in their national legal order /16 MP/SC/mvk 1 DG D 2B EN
2 The information in the table is a summary of the information received: delegations are invited to consult the documents referred to in the last column, in order to obtain more detailed information. The information provided in the table is up-to-date as at 15 November Any comments or suggestions for improvement should be sent to secretariat.criminal-law@consilium.europa.eu /16 MP/SC/mvk 2 DG D 2B EN
3 ANNEX BELGIUM BULGARIA CZECH REPUBLIC DENMARK DEUTSCHLAND / GERMANY 17 September 2006 Entry into force of legislation : 25 July July 2006 Entry into force of new legislation: 1 January December 2004 (Act of 6 June 2008) 30 June 2008 Public Prosecutor Sofia City Court The Prosecutor of the Regional Prosecutor s office (including Prague Municipal Prosecutor's Office) within which region is the property concerned by the freezing order situated Local Chief of Police Local Prosecutor State prosecutor French, Dutch, German and English Doc.14228/06 Bulgarian Czech Certificates from Slovakia in Slovak and from Austria in German provided that reciprocity is granted Doc /06 Danish German and Official language of other member States which accept freezing orders in German Doc. 9309/ /16 MP/SC/mvk 3
4 ESTONIA ELLAS - GREECE Entry into force of legislation : 19 June 2008 Prosecutor General's Office Estonian, English ESPANA - SPAIN FRANCE 7 June 2006 Entry into force of Organic Law 23/2014 on mutual recognition of judicial decisions in criminal matters in the EU: 21 November 2014 (Act nr of ) The examining magistrate ("Juez de instrucción") in which jurisdiction the property or evidence is located, and public prosecutors for those freezing evidence orders within their competence. Prosecutors, investigating magistrates, judges for liberties and detention according to internal rules of competence and depending on the purpose of the request Spanish Doc. 8138/15 and 8720/15. HRVATSKA / CROATIA Croatian In urgent cases accept translation in English on condition of reciprocity Doc /14 French 14349/16 MP/SC/mvk 4
5 IRELAND ITALY : Criminal Justice (Mutual Assistance) Act September 2008 Central Authority (see Art. 4.2): Irish, English Mutual Assistance and Extradition Division, Doc /08 Department of Justice, Equality and Law Reform (see address in 17405/08) KYPROS / CYPRUS 25 June 2010 Unit of Combating Money Laundering (MOKAS), Attorney General's Office (Orders freezing property) Greek, English LATVIA. General Prosecutor's Office Latvian and English Entry into force of legislation : Doc /08 1 January LITHUANIA. Entry into force of legislation: 21 July 2007 General Prosecutor's Office Lithuanian and English Doc. 8548/08 LUXEMBOURG MAGYARORSZÁG / HUNGARY Ministry of Justice and Law enforcement Hungarian Doc /05 5 November /16 MP/SC/mvk 5
6 MALTA NETHERLANDS 7 December 2007 (law adopted on 16 June2005) 1 August 2005 ÖSTERREICH/AUSTRIA 2 August2005 POLAND (law adopted on 7 July 2005) 2 August 2005 PORTUGAL Entry into force of legislation : 5 June 2009 Attorney General's Office International Legal Assistance Centres (competent authorities: prosecutors and investigating judges) Regional Court ("Gerichtshof erster Instanz") - At trial stage: District Court ("sad rejonowy") - At pre-trial stage: Circuit Prosecutor Office ("prokuratura okregowa") Maltese and English Dutch and English Certificates in other languages will be also accepted if accompanied by translation into English Doc /05 and 11730/05 German, other languages on the basis of reciprocity See doc /06 Polish Doc.7199/06 Portuguese 14349/16 MP/SC/mvk 6
7 ROMANIA Law No 222 of 24 October 2008 SLOVENIA SLOVAKIA 13 November 2008 Amended and supplemented by Law No 300, published in Official Gazette of Romania on 11 December November 2007 Replaced by Act on International Cooperation in Criminal matters between the MSs of the EU Entry into force: 20 September January 2006 Ministry of Justice Romanian Directorate for International Law and Judicial Cooperation Division for international judicial cooperation in criminal matters Investigating judges at district courts See doc. 8549/08 District prosecutors Slovenian and English See doc. 8549/08 and 17989/13 Slovak The Slovak Republic will accept certificates under this legal act in respect of the Czech Republic in Czech. Doc / /16 MP/SC/mvk 7
8 SUOMI / FINLAND SWEDEN 2 August July 2005 Same prosecutors as for EAW The public prosecutors at the international public prosecution offices are competent within their regions to deal with cases on freezing. Some specially authorized prosecutors at the Swedish Economic Crimes Authority are also competent to deal with cases concerning qualified economic criminality. Outside office hours regular duty and stand-by prosecutors are competent to handle cases on freezing. Finnish, Swedish, English or a translation in one of those languages. The competent prosecutor may also accept a certificate provided in a different language if there are no obstacles to such acceptance. See doc /05 Declaration made pursuant Article 9(3): yes Swedish, Danish, Norwegian, English See doc.11191/05 and doc.11728/ /16 MP/SC/mvk 8
9 UNITED KINGDOM those parts of the FD relating to the freezing of evidence. Work to implement the Framework Decision in relation to property is ongoing. Strong legislation is already in place which provides for international co-operation in both the freezing and confiscation of criminal assets (Part 11 of The Proceeds of Crime Act 2002, and supporting Orders in Council). Central Authority (see Art. 4.2): English or accompanied by an English translation. - UK Central Authority Doc. 5254/10 - Scotland: International Co-operation Unit (see addresses in doc. 5254/10) 14349/16 MP/SC/mvk 9
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