THE HIGH CONTRACTING PARTIES,
HAVE AGREED on the following provisions, which shall be
annexed to the Convention:
Article 1
The Court of Justice of the European Communities shall
have jurisdiction, under the conditions laid down in this
Protocol, to give preliminary rulings on the interpretation of
the Convention on the establishment of a European Police
Office, hereinafter referred to as 'the Europol
Convention'.
Article 2
1. By a declaration made at the time of the signing of
this Protocol or at any time thereafter, any Member State shall
be able to accept the jurisdiction of the Court of Justice of
the European Communities to give preliminary rulings on the
interpretation of the Europol Convention under the conditions
specified in either paragraph 2 (a) or (b).
2. A Member State making a declaration under paragraph
1 may specify that either:
(a) any court or tribunal of that State against whose
decisions there is no judicial remedy under national law may
request the Court of Justice of the European Communities to
give a preliminary ruling on a question raised in a case
pending before it and concerning the interpretation of the
Europol Convention if that court or tribunal considers that a
decision on the question is necessary to enable it to give
judgment;
or
(b) any court or tribunal of that State may request the
Court of Justice of the European Communities to give a
preliminary ruling on a question raised in a case pending
before it and concerning the interpretation of the Europol
Convention if that court or tribunal considers that a decision
on the question is necessary to enable it to give
judgment.
Article 3
1. The Protocol on the Statute of the Court of Justice
of the European Communities and the Rules of Procedure of that
Court of Justice shall apply.
2. In accordance with the Statute of the Court of
Justice of the European Communities, any Member State, whether
or not it has made a declaration pursuant to Article 2, shall
be entitled to submit statements of case or written
observations to the Court of Justice of the European
Communities in cases which arise under Article 1.
Article 4
1. This Protocol shall be subject to adoption by the
Member States in accordance with their respective
constitutional requirements.
2. Member States shall notify the depositary of the
completion of their respective constitutional requirements for
adopting this Protocol and communicate to him any declaration
made pursuant to Article 2.
3. This Protocol shall enter into force 90 days after
the notification, referred to in paragraph 2, by the Member
State which, being a member of the European Union on the date
of adoption by the Council of the act drawing up this Protocol,
is the last to fulfil that formality. However, it shall at the
earliest enter into force at the same time as the Europol
Convention.
Article 5
1. This Protocol shall be open to accession by any
State that becomes a member of the European Union.
2. Instruments of accession shall be deposited with the
depositary.
3. The text of this Protocol in the language of the
acceding State, drawn up by the Council of the European Union,
shall be authentic.
4. This Protocol shall enter into force with respect to
any State that accedes to it 90 days after the date of deposit
of its instrument of accession, or on the date of the entry
into force of this Protocol if the latter has not yet come into
force when the said period of 90 days expires.
Article 6
Any State that becomes a member of the European Union
and accedes to the Europol Convention in accordance with
Article 46 thereof shall accept the provisions of this
Protocol.
Article 7
1. Amendments to this Protocol may be proposed by any
Member State, being a High Contracting Party. Any proposal for
an amendment shall be sent to the depositary, who shall forward
it to the Council.
2. Amendments shall be established by the Council,
which shall recommend that they be adopted by the Member States
in accordance with their respective constitutional
requirements.
3. Amendments thus established shall enter into force
in accordance with the provisions of Article 4.
Article 8
1. The Secretary-General of the Council of the European
Union shall act as depositary of this Protocol.
2. The depositary shall publish in the Official Journal
of the European Communities the notifications, instruments or
communications concerning this Protocol.
Done in a single original in the Danish, Dutch,
English, Finnish, French, German, Greek, Irish, Italian,
Portuguese, Spanish and Swedish languages, each text being
equally authentic.
