Vorbehalte und Erklärungen für Vertrag Nr.098 - Zweites Zusatzprotokoll zum Europäischen Auslieferungsübereinkommen

In Kraft befindliche Erklärungen zum heutigen Datum
Datum 29/07/2017

Aserbaidschan

Declaration contained in the instrument of ratification deposited on 28 June 2002 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Convention and its Additional Protocols in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
In Kraft: 26/09/2002 -
Artikel betroffen : -


Belgien

Reservation contained in the instrument of ratification deposited on 18 November 1997 - Or. Fr. .

Belgium declares that it does not accept Chapter V of the Second Additional Protocol to the European Convention on Extradition.
In Kraft: 16/02/1998 -
Artikel betroffen : 5


Bulgarien

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or. Fr. .

In accordance with Article 9 paragraph 2, the Republic of Bulgaria declares that it reserves the right not to accept Chapter I and the right to accept Chapter II in respect of offences concerning taxes, customs charges and currency exchange charges which are punishable under the Bulgarian Criminal Code.
In Kraft: 15/09/1994 -
Artikel betroffen : 1, 2


Georgien

Declaration contained in the instrument of ratification, deposited on 15 June 2001 - Or. Engl./Geo

In pursuance of Article 9, paragraph 2, Georgia declares that it does not accept Chapter V of this Protocol.

According to the legislation of Georgia, the competent body to review extradition cases is the General Prosecutor's Office of Georgia. Herewith the use of the diplomatic channels for extradition cases is not excluded.
In Kraft: 13/09/2001 -
Artikel betroffen : 5

Declaration contained in the instrument of ratification, deposited on 15 June 2001 - Or. Engl./Geo

Georgia will not be responsible for the application of the provisions of the Protocol on the territories of Abkhazia and Tskhinvali region until the full jurisdiction of Georgia is restored over these territories.
In Kraft: 13/09/2001 -
Artikel betroffen : -


Lettland

Reservation contained in a Note Verbale from the Minister of Foreign Affairs of Latvia dated 17 April 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 2 May 1997 - Or. Engl. .

In pursuance of paragraph 2 of Article 9 of the Second Additional Protocol to the Convention on Extradition of 1978, the Republic of Latvia reserves the right not to accept Chapter V of the Protocol.
In Kraft: 31/07/1997 -
Artikel betroffen : 5


Malta

Reservation contained in a Note Verbale, handed at the time of deposit of the instrument of ratification on 20 November 2000 - Or. Engl.

In accordance with Article 9 of the Protocol, Malta reserves the right not to apply Chapter I and Chapter III of the Protocol.
In Kraft: 18/02/2001 -
Artikel betroffen : 9


Monaco

Reservation contained in the instrument of ratification deposited on 30 January 2009 - Or. Fr.

The Principality of Monaco declares, in accordance with Article 9, paragraph 1, of the Second Additional Protocol, that it reserves the right not to accept Chapter I of the Protocol.
In Kraft: 01/05/2009 -
Artikel betroffen : 9

Reservation contained in the instrument of ratification deposited on 30 January 2009 - Or. Fr.

The Principality of Monaco declares, in accordance with Article 9, paragraph 2.b, of the Second Additional Protocol, that it reserves the right only to accept Chapter II of the Protocol in respect of offences concerning indirect taxes, including VAT, customs and exchange, those relating to direct taxes being excluded.
In Kraft: 01/05/2009 -
Artikel betroffen : 9


Niederlande

Declaration contained in the instrument of acceptance, deposited on 12 January 1982 - Or. Engl. .

The Government of the Kingdom of the Netherlands accepts the said Protocol for the Kingdom in Europe.
In Kraft: 05/06/1983 -
Artikel betroffen : 8

Declaration contained in a Note Verbale from the Permanent Representation of the Kingdom of the Netherlands, dated 21 July 1993 and registered at the Secretariat General on the same day - Or. Engl. .

The Permanent Mission of the Kingdom of the Netherlands declares that the Government of the Kingdom of the Netherlands, in accordance with Article 5, paragraph 2 of the Additional Protocol to the European Convention on Extradition and in accordance with Article 8, paragraph 2 of the Second Additional Protocol of 17 March 1978, is extending the application of both Protocols to the Netherlands Antilles and Aruba in relation with the Parties, for which the European Convention on Extradition also applies to the Netherlands Antilles and Aruba
In Kraft: 21/07/1993 -
Artikel betroffen : 8

Declaration contained in a Note verbale from the Permanent Representation of the Netherlands, dated 8 February 2006, registered at the Secretariat General on 10 February 2006 - Or. Engl.

On 13 June 2002, the Council of the European Union adopted a framework decision (2002/584/JHA) on the European arrest warrant and the surrender procedures between Member States ("the framework decision"). Article 31 of the framework decision states that, from 1 January 2004, the provisions of the framework decision shall replace the corresponding provisions of the conventions pertaining to extradition that apply in relations between the Member States of the European Union.

By Note of 31 August 2005, the Permanent Representation of the Kingdom of the Netherlands informed the Secretary General of the Council of Europe that the European Convention on Extradition, done at Paris on 13 December 1957 ("the Convention"), would no longer be applied in relations between the part of the Kingdom of the Netherlands situated in Europe and the Member States of the European Union that are Parties to the Convention.

Accordingly, the Permanent Representation of the Kingdom of the Netherlands has the honour to confirm that, in view of the foregoing, the Second Additional Protocol to the European Convention on Extradition ("the Second Additional Protocol") is likewise no longer applied in relations between the part of the Kingdom of the Netherlands situated in Europe and the Member States of the European Union that are Parties to the Second Additional Protocol.

The Permanent Representation of the Kingdom of the Netherlands would emphasise that the above in no way alters the application of the Second Additional Protocol in relations between :

- the Netherlands Antilles and Aruba and the Parties to the Second Additional Protocol, or
- the part of the Kingdom of the Netherlands situtated in Europe and the Parties to the Second Additional Protocol that are not Member States of the European Union.
In Kraft: 10/02/2006 -
Artikel betroffen : -

Declaration transmitted by a Note verbale from the Permanent Representation of the Netherlands, dated 4 January 2012, registered at the Secretariat General on 9 January 2012 - Or. Engl.

The Protocol remains applicable in the relation between Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) and those States with wich notes have been exchanged on the extension of the Convention.

[Note by the Secretariat: This Declaration supplements the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom as of 10 October 2010.]
In Kraft: 10/10/2010 -
Artikel betroffen : 8


Norwegen

Reservation contained in the instrument of ratification, deposited on 11 December 1986 - Or. Engl. .

Pursuant to Article 9, Norway declares that it does not accept Chapters I and V of the Protocol.
In Kraft: 11/03/1987 -
Artikel betroffen : 1, 5


Österreich

Declaration contained in a letter from the Permanent Representative of Austria, dated 8 September 1994, registered at the Secretariat General on 9 September 1994 - Or. Fr. .

With respect to the member States of this Additional Protocol, Austria declares that, under the conditions provided by Chapter II, it will grant extradition also for offences which are exclusively contraventions against regulations concerning monopolies on the export, import, transit and rationing of goods.
In Kraft: 09/09/1994 -
Artikel betroffen : 2


Republik Korea

Declaration contained in in the instrument of accession deposited on 29 September 2011 - Or. Engl.

In respect of Article 5 of the Second Additional Protocol to the Convention, the Republic of Korea declares that it shall communicate through the diplomatic channel in principle, and directly between the Ministries of Justice of the Contracting Parties in urgent cases.
In Kraft: 29/12/2011 -
Artikel betroffen : 5


Russische Föderation

Reservation contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996 - Or. Rus./Engl. .

The Russian Federation reserves the right not to apply Chapter V.
Artikel betroffen : 5

Declaration contained in a letter from the First Deputy Minister for Foreign Affairs of the Russian Federation, handed over to the Secretary General at the time of signature, on 7 November 1996 - Or. Rus./Engl. .

The designated authority of the Russian Federation to consider questions of extradition is the Procurator-General's Office of the Russian Federation.
Artikel betroffen : 5

Reservation contained in the instrument of ratification deposited on 10 December 1999 – Or. Engl./Russ.

The Russian Federation shall reserve the right not to apply Chapter V of the Second Additional Protocol of March 17, 1978 to the European Convention on Extradition of December 13, 1957.
In Kraft: 09/03/2000 -
Artikel betroffen : 9


Schweiz

Reservation made at the time of signature, on 17 November 1981, and renewed at the time of deposit of the instrument of ratification, on 11 March 1985 - Or. Fr. .

Switzerland declares not to accept Chapter II of the Second Additional Protocol to the European Convention on Extradition.
In Kraft: 09/06/1985 -
Artikel betroffen : 2


Türkei

Reservation made at the time of signature, on 16 July 1987, and confirmed in the instrument of ratification, déposited on 10 July 1992 - Or. Engl. .

The Government of the Republic of Turkey reserves the right to use diplomatic channels in transmitting extradition requests in order to follow-up and carry out the necessary proceedings by diplomatic missions in the requested State, taking into consideration the type of request.
In Kraft: 08/10/1992 -
Artikel betroffen : 5


Ukraine

Declaration contained in a letter from the Permanent Representative, dated 31 January 2000, registered at the Secretariat General on 1 February 2000 - Or.Fr.

The Ministry of Justice of Ukraine (in case of requests by courts) and the Prosecutor-General's Office of Ukraine (in case of requests by bodies of pre-trial investigation) shall be the authorities to which reference is made in article 12, paragraph 1 of the Convention, as amended by the Second Additional Protocol.
In Kraft: 01/02/2000 -
Artikel betroffen : 5

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Ukraine, dated 12 October 2015, transmitted by a Note verbale from the Permanent Representation of Ukraine, dated 13 October 2015, registered at the Secretariat General on 16 October 2015 – Or. Engl.

The Ministry of Foreign Affairs of Ukraine presents its compliments to the Secretary General of the Council of Europe, as the Depositary of the European Convention on Information on Foreign Law of 7 June 1968, the Additional Protocol to the European Convention on Information on Foreign Law of 15 March 1978, the European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders of 30 November 1964, the Convention on the Transfer of Sentenced Persons of 21 March 1983, the Additional Protocol to the Convention on the Transfer of Sentenced Persons of 18 December 1997, the European Convention on the Transfer of Proceedings in Criminal Matters of 15 May 1972, the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 17 March 1978, the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 8 November 2001, the European Convention on Extradition of 13 December 1957, the Additional Protocol to the European Convention on Extradition of 15 October 1975, the Second Additional Protocol to the European Convention on Extradition of 17 March 1978, the European Convention on the Suppression of Terrorism of 27 January 1977, the Protocol amending the European Convention on the Suppression of Terrorism of 15 May 2003, the Council of Europe Convention on the Prevention of Terrorism of 16 May 2005, the European Convention on the International Validity of Criminal Judgments of 28 May 1970, the Convention on Cybercrime of 23 November 2001, the Additional Protocol to the Convention on Cybercrime, concerning the Criminalisation of Acts of a Racist and Xenophobic Nature committed through Computer Systems of 28 January 2003, the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of 8 November 1990, the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 16 May 2005, the Council of Europe Convention on Action against Trafficking in Human Beings of 16 May 2005, the European Convention on the Exercise of Children's Rights of 25 January 1996, the Convention on Contact concerning Children of 15 May 2003, the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children of 20 May 1980, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse of 25 October 2007, the Convention on the Establishment of a Scheme of Registration of Wills of 16 May 1972, the Agreement on Illicit Traffic by Sea, implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 31 January 1995, the Criminal Law Convention on Corruption of 27 January 1999, the Additional Protocol to the Criminal Law Convention on Corruption of 15 May 2003 (hereinafter referred to as the «Conventions, Protocols, Agreement» respectively), and has the honour to inform of the following.

In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.

The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.

In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, Protocols, Agreement, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.

Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.

The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv.
In Kraft: 16/10/2015 -
Artikel betroffen : -


Vereinigtes Königreich

Reservation contained in the instrument of ratification, deposited on 8 March 1994 - Or. Engl. .

In accordance with paragraph 2 of Article 9, the United Kingdom declares that it does not accept Chapter I, Chapter III, Chapter IV or Chapter V of the Protocol.
In Kraft: 06/06/1994 -
Artikel betroffen : 1, 3, 4, 5

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 23 April 2003 and registered at the Secretariat General on 25 April 2003 - Or. Engl.

The Government of the United Kingdom declares that the Second Additional Protocol should extend to the Isle of Man and Guernsey, being territories for whose international relations the Government of the United Kingdom is responsible.
In Kraft: 25/04/2003 -
Artikel betroffen : 8

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 23 April 2003 and registered at the Secretariat General on 25 April 2003 - Or. Engl.

In accordance with paragraph 2 of Article 9, the United Kingdom does not accept, in respect of the Isle of Man and Guernsey, Chapter I, Chapter III, Chapter IV or Chapter V of the Protocol.
In Kraft: 25/04/2003 -
Artikel betroffen : 9


Quelle : Vertragsbüro auf http://conventions.coe.int - * Disclaimer.