Communication from the Ministry of Foreign Affairs No 214 / 2024 Coll.

The Ministry of Foreign Affairs announces that by a note dated 2 March 2021, the Czech Republic made a declaration pursuant to Article 24 of the European Convention on Legal Assistance in Criminal Matters (1):

"In accordance with Article 24 of this Convention (as amended by Article 6 of the Second Additional Protocol to the Convention2), the Czech Republic, as a Member State of the European Union participating in enhanced cooperation for the purpose of establishing the Office of the European Public Prosecutor, declares that the Office of the European Public Prosecutor is to be considered as a judicial authority for the purpose of submitting requests for mutual legal assistance in accordance with the Convention and its Additional Protocols, as well as for the purposes of providing information or evidence already obtained or capable of obtaining by the Office of the European Public Prosecutor following an investigation in the field of its competence, following a request from another Contracting Party in accordance with the Convention and its Additional Protocols. The Office of the European Public Prosecutor is also to be considered as a judicial authority for the purposes of receiving information in accordance with Article 21 of the Convention in relation to offences falling within its competence as enshrined in Articles 22, 23 and 25 of Council Regulation (EU) 2017 / 1939. This declaration shall complement the previous declarations made by the Czech Republic in accordance with Article 24 of the Convention.

With regard to this declaration made pursuant to Article 24 of the Convention, the Czech Republic allows itself to interpret the legal effects of this declaration as follows:

(a) In cases where the Convention or its Additional Protocols refer to a requesting or requested party, this shall be interpreted as a reference to the EU Member State of the relevant European Delegated Prosecutor, the powers and functions of which are referred to in Article 13 of Council Regulation (EU) 2017 / 1939, in the cases of applications issued or addressed to the European Public Prosecutor's Office.

(b) In cases where the Convention or its Additional Protocols refer to the right of the requesting or requested party, this shall be interpreted as a reference to Union law, in particular Council Regulation (EU) 2017 / 1939, and to the national law of the EU Member State of the relevant European Delegated Prosecutor, to the extent applicable pursuant to Article 5 (3) of this Regulation, in cases of applications issued or addressed to the European Public Prosecutor's Office.

(c) In cases where the Convention or its Additional Protocols provide the Contracting Party with the possibility of making a declaration or reservations, all declarations and any reservations made by the Czech Republic shall be deemed to be applicable to applications addressed to another Party to the Office of the European Public Prosecutor at any time where, pursuant to Article 13 (1) of Council Regulation (EU) 2017 / 1939, the competent European Delegated Prosecutor is established in the Czech Republic.

(d) As a requesting judicial authority acting in accordance with Article 24 of the Convention (as amended by Article 6 of the Second Additional Protocol to the Convention), the Office of the European Public Prosecutor shall comply with any conditions or restrictions on the use of information or evidence received which may be determined by the requested Party under the Convention and its Additional Protocols.

(e) The obligations laid down by Article 12 of the Convention shall also be binding on the judicial authorities of the EU Member State of the European Delegated Prosecutor concerned. The same applies to the obligations of the requesting Party under Article 11 of the Convention (as amended by Article 3 of the Second Additional Protocol and under Articles 13, 14 and 23 of the Second Additional Protocol) in respect of the EU Member State of the European Delegated Prosecutor, which is competent under Article 13 (1) of Council Regulation (EU) 2017 / 1939.

1. The Czech Republic, in accordance with Article 15 of the Convention (as amended by Article 4 of the Second Additional Protocol to the Convention), declares that requests for legal assistance and information communicated by a Contracting Party pursuant to Article 21 of the Convention which are addressed to the Office of the European Public Prosecutor are to be sent directly to the Office of the European Public Prosecutor (and declarations made pursuant to Article 15 (6) of the Convention (as amended by Article 4 of the Second Additional Protocol to the Convention) shall not be applied to the Office of the European Public Prosecutor). Requests for mutual legal assistance shall be sent either directly to the headquarters of the Office of the European Public Prosecutor or to the offices of the European authorised applicant of that EU Member State. Where necessary, the Office of the European Public Prosecutor shall forward those requests to the competent national authorities in cases where the Office of the European Public Prosecutor does not have or does not exercise its powers in the present case.

2. The Czech Republic further declares, pursuant to Article 15 of the Convention (as amended by Article 4 of the Second Additional Protocol to the Convention), that applications pursuant to Article 11 of the Convention (as amended by Article 3 of the Second Additional Protocol and Articles 13 and 14 of the Second Additional Protocol, to the extent that they relate to Article 11), originating from one of the European authorised applicants residing in the Czech Republic, will be sent through the Supreme Prosecutor of the Czech Republic.

3. Czech Republic pursuant to Article 33 (2) The Second Additional Protocol declares that the Office of the European Public Prosecutor may act as a "competent authority 'in accordance with Article 20 of this Protocol only with the prior consent of the Czech Prosecutor's Office and in accordance with Council Regulation (EU) 2017 / 1939 and applicable national law, where the joint investigation team is intended to operate in the Czech Republic.'

The Declaration was adopted by the Secretary-General of the Council of Europe on 4 March 2021.