Council Act

of 16 October 2001

establishing, in accordance with Article 34 of the Treaty on European Union, the Protocol to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union

(2001/C 326/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 31(a) and 34(2)(d) thereof,

Having regard to the initiative of the French Republic(1),

Having regard to the opinion of the European Parliament(2),

Whereas:

(1) For the purposes of achieving the objectives of the Union the rules on mutual assistance in criminal matters between the Member States of the European Union should be improved and a Protocol, as set out in the Annex hereto, should be established to that end.

(2) Article 8 of the Protocol falls within the scope of Article 1 of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis(3).

(3) The procedures set out in the Agreement concluded by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis(4) have been observed in respect of this provision.

(4) When the adoption of this Act is notified to the Republic of Iceland and the Kingdom of Norway in accordance with Article 8(2)(a) of the aforementioned Agreement, those two States will be informed in particular of the contents of Article 16 on entry into force for Iceland and Norway,

HAS DECIDED

that the Protocol, the text of which is given in the Annex and which has been signed today by the Representatives of the Governments of the Member States of the Union, is hereby established,

RECOMMENDS that it be adopted by the Member States in accordance with their respective constitutional requirements,

INVITES the Member States to begin the procedures applicable for that purpose before 1 July 2002.

Done at Luxembourg, 16 October 2001.

For the Council

The President

D. Reynders

(1) OJ C 243, 24.8.2000, p. 11.

(2) Opinion delivered on 4 October 2001 (not yet published in the Official Journal).

(3) OJ L 176, 10.7.1999, p. 31.

(4) OJ L 176, 10.7.1999, p. 36.