extradition is sought. Therefore, for the dual criminality requirement to be
met, it is sufficient if an offence is considered to be 'similar` (3*).
Paragraph 2 lays down a similar rule to that provided for in the second
Protocol (4**) which provides that extradition may not be refused on the
ground that the law of the requested Member State does not impose the
same type of fiscal levies as the law of the requesting State. Here again,
the basic idea is that the essential constituent elements of the offence
shall be decisive for ascertaining the application of the dual criminality
principle.
Paragraph 3 allows for a reservation to be made in respect of offences
which are not connected with excise, value-added tax or customs, which
can be excluded from the scope of application of the Convention. By
contrast, in respect of offences connected with excise, VAT or customs,
paragraph 1 of the Article cannot be derogated from through the use of
the reservation possibility. Where a reservation has been made, this is also
relevant in relation to Article 10 as provided for in paragraph 4 of that
Article.
Member States that are Parties to the second Protocol may not prescribe a
more restrictive system for extradition in connection with fiscal offences
than that which they have already agreed to under the second Protocol. It
follows from this principle that Member States that are parties to the
second Protocol and who did not enter a reservation to Article 2 of the said
Protocol cannot make the declaration provided for by paragraph 3.
extradition is sought. Therefore, for the dual criminality requirement to be
met, it is sufficient if an offence is considered to be 'similar` (3*).
Paragraph 2 lays down a similar rule to that provided for in the second
Protocol (4**) which provides that extradition may not be refused on the
ground that the law of the requested Member State does not impose the
same type of fiscal levies as the law of the requesting State. Here again,
the basic idea is that the essential constituent elements of the offence
shall be decisive for ascertaining the application of the dual criminality
principle.
Paragraph 3 allows for a reservation to be made in respect of offences
which are not connected with excise, value-added tax or customs, which
can be excluded from the scope of application of the Convention. By
contrast, in respect of offences connected with excise, VAT or customs,
paragraph 1 of the Article cannot be derogated from through the use of
the reservation possibility. Where a reservation has been made, this is also
relevant in relation to Article 10 as provided for in paragraph 4 of that
Article.
Member States that are Parties to the second Protocol may not prescribe a
more restrictive system for extradition in connection with fiscal offences
than that which they have already agreed to under the second Protocol. It
follows from this principle that Member States that are parties to the
second Protocol and who did not enter a reservation to Article 2 of the said
Protocol cannot make the declaration provided for by paragraph 3.
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extradition is sought. Therefore, for the dual criminality requirement to be
met, it is sufficient if an offence is considered to be 'similar` (3*).
Paragraph 2 lays down a similar rule to that provided for in the second
Protocol (4**) which provides that extradition may not be refused on the
ground that the law of the requested Member State does not impose the
same type of fiscal levies as the law of the requesting State. Here again,
the basic idea is that the essential constituent elements of the offence
shall be decisive for ascertaining the application of the dual criminality
principle.
Paragraph 3 allows for a reservation to be made in respect of offences
which are not connected with excise, value-added tax or customs, which
can be excluded from the scope of application of the Convention. By
contrast, in respect of offences connected with excise, VAT or customs,
paragraph 1 of the Article cannot be derogated from through the use of
the reservation possibility. Where a reservation has been made, this is also
relevant in relation to Article 10 as provided for in paragraph 4 of that
Article.
Member States that are Parties to the second Protocol may not prescribe a
more restrictive system for extradition in connection with fiscal offences
than that which they have already agreed to under the second Protocol. It
follows from this principle that Member States that are parties to the
second Protocol and who did not enter a reservation to Article 2 of the said
Protocol cannot make the declaration provided for by paragraph 3.
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