–
the European Convention on Extradition, opened for signature in
Paris, on 13 December 1957 (ETS No. 24);
–
the European Convention on Mutual Assistance in Criminal
Matters, opened for signature in Strasbourg, on 20 April 1959 (ETS
No. 30);
–
the Additional Protocol to the European Convention on Mutual
Assistance in Criminal Matters, opened for signature in Strasbourg,
on 17 March 1978 (ETS No. 99).
2
If two or more Parties have already concluded an agreement or treaty on
the matters dealt with in this Convention or have otherwise established
their relations on such matters, or should they in future do so, they shall
also be entitled to apply that agreement or treaty or to regulate those
relations accordingly. However, where Parties establish their relations in
respect of the matters dealt with in the present Convention other than as
regulated therein, they shall do so in a manner that is not inconsistent with
the Convention’s objectives and principles.
3
Nothing in this Convention shall affect other rights, restrictions,
obligations and responsibilities of a Party.
Article 40 –
Declarations
By a written notification addressed to the Secretary General of the
Council of Europe, any State may, at the time of signature or when
depositing its instrument of ratification, acceptance, approval or
accession, declare that it avails itself of the possibility of requiring
additional elements as provided for under Articles 2, 3, 6 paragraph 1.b, 7,
9 paragraph 3, and 27, paragraph 9.e.
Article 41 –
Federal clause
1
A federal State may reserve the right to assume obligations under Chapter
II of this Convention consistent with its fundamental principles governing
the relationship between its central government and constituent States or
other similar territorial entities provided that it is still able to co-operate
under Chapter III.
2
When making a reservation under paragraph 1, a federal State may not
apply the terms of such reservation to exclude or substantially diminish its
obligations to provide for measures set forth in Chapter II. Overall, it shall
provide for a broad and effective law enforcement capability with respect
to those measures.
3
With regard to the provisions of this Convention, the application of which
comes under the jurisdiction of constituent States or other similar
territorial entities, that are not obliged by the constitutional system of the
federation to take legislative measures, the federal government shall
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