Mutual assistance in criminal matters: accession of Croatia to the 2000 Convention and 2001 Protocol thereto

PURPOSE: to allow Croatia to adhere to the Convention of 29 May 2000, 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 and its Protocol of 16 October 2001.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

BACKGROUND: the Act of 2011 concerning the conditions of accession of Croatia to the European Union simplified its accession to the conventions and protocols concluded by the Member States on the basis of Article 34 of the Treaty on European Union. It is no longer necessary to negotiate and conclude specific accession protocols (which would have to be ratified by the 28 Member States): the Act of Accession simply state that Croatia accedes to the conventions and protocols by virtue of the Act.

Accordingly, the Council will take a decision determining the date on which these conventions will enter into force in relation to Croatia and making all the adjustments required by reason of the accession of this new Member State to these conventions (including at the very least the adoption of the conventions in the Croatian language so that this version can be ‘equally authentic’). The Council will act on a recommendation by the Commission, after consulting the European Parliament.

CONTENT: this proposal recommends the Council to allow Croatia to adhere to the Convention of 29 May 2000, 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 and its Protocol of 16 October 2001.

N.B.: Annex I of the Act of Accession lists the six conventions and protocols concerned in the area of justice and home affairs.