Reservations and Declarations for Treaty No.051 - European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders

Declarations in force as of today
Status as of 14/02/2016

Austria

Declaration contained in the instrument of ratification deposited on 1 April 1980 - Or. Engl./Germ.

In the case of offences which are violations of regulations concerning imposts, taxes, duties, monopolies and foreign exchange, or of regulations concerning the export, import, transit and rationing of goods (fiscal offences) Austria will carry out supervision only under the conditions set out in Article 7, paragraph 3.
Period covered: 01/07/1980 -
Articles concerned : 7

Declaration contained in the instrument of ratification deposited on 1 April 1980 - Or. Engl./Germ.

Without prejudice to Article 29, paragraph 3, requests and supporting documents which are not drawn up in German, French or English, must be accompanied by a translation into one of these languages.
Period covered: 01/07/1980 -
Articles concerned : 29

Reservation contained in the instrument of ratification deposited on 1 April 1980 - Or. Engl./Germ.

Austria does not accept the provision of this Convention as related to the enforcement of sentences (Part III) or their complete application (Part IV).
Period covered: 01/07/1980 -
Articles concerned : 16, 17, 18, 19, 20, 21, 22, 23, 24, 25


Belgium

Reservation made at the time of the deposit of instrument of ratification on 21 September 1970 - Or. Fr.

The Government of the Kingdom of Belgium declares that complete application shall be refused if the person to whom the decision relates has been finally sentenced for the same offence by the competent authorities of a third State and if, having been sentenced, he is serving, has already served or has been dispensed from serving sentence.
Period covered: 22/08/1975 -
Articles concerned : 22, 23, 24, 25

Reservation made at the time of the deposit of instrument of ratification on 21 September 1970 - Or. Fr.

The Government of the Kingdom of Belgium does not accept the provisions of Part III.
Period covered: 22/08/1975 -
Articles concerned : 16, 17, 18, 19, 20, 21

Reservation made at the time of the deposit of instrument of ratification on 21 September 1970 - Or. Fr.

By reason of the special system in force between the Benelux countries, the Government of the Kingdom of Belgium does not accept the provisions of paragraph 2 of Article 37.
Period covered: 22/08/1975 -
Articles concerned : 37

Declaration made at the time of the deposit of instrument of ratification on 21 September 1970 - Or. Fr.

The Government of the Kingdom of Belgium declares that the provisions of Part II and of Part IV shall not be applied to sentences pronounced in absentia.
Period covered: 22/08/1975 -
Articles concerned : 10, 11, 12, 13, 14, 15, 22, 23, 24, 25


Czech Republic

Declaration contained in the instrument of ratification deposited on 10 April 2002 - Or. Engl.

In accordance with Article 29, paragraph 2, the Czech Republic declares that it shall require that requests and supporting documents should be accompanied by a translation into the Czech or English or French language.
Period covered: 11/07/2002 -
Articles concerned : 29


Estonia

Reservation contained in the instrument of ratification deposited on 28 April 2005 – Or. Engl.

In accordance with Article 38, paragraph 1, of the Convention, the Republic of Estonia declares that it reserves the right not to accept Parts III and IV of the Convention.
Period covered: 29/07/2005 -
Articles concerned : 38

Declaration contained in the instrument of ratification deposited on 28 April 2005 – Or. Engl.

In accordance with Article 29, paragraph 2, of the Convention, the Republic of Estonia declares that requests and supporting documents should be accompanied by a translation into English.
Period covered: 29/07/2005 -
Articles concerned : 29


France

Reservation contained in a letter from the Ministry of Foreign Affairs of France, dated 7 January 1965, registered at the Secretariat General on 8 January 1965 and confirmed in the instrument of approval deposited on 16 September 1968 - Or. Fr.

The Government of the French Republic confirms that it is availing itself of the reservation provided for in Article 38, paragraph 1 of the Convention and its Annex allowing non acceptance of the whole of Part III (enforcement of sentences) and of Part IV (relinquishment to the requested State).
Period covered: 22/08/1975 -
Articles concerned : 16, 17, 18, 19, 20, 21, 22, 23, 24, 25


Greece

Declaration contained in a letter from the Permanent Representation of Greece, dated 6 July 1994, registered at the Secretariat General, on 7 July 1994 - Or. Fr.

The Government of the Hellenic Republic declares that the accession of the Former Yugoslav Republic of Macedonia to the Conventions of the Council of Europe to which the Hellenic Republic is a Contracting Party does not imply the recognition of the Former Yugoslav Republic of Macedonia by the Hellenic Republic.
Articles concerned : -


Italy

Reservation contained in a letter from the Permanent Representative of Italy dated 28 June 1965 registered at the Secretariat General on 30 June 1965 - Or. Fr. - and withdrawn at the time of deposit of the instrument of ratification on 21 May 1975 - Or. Fr.

The Italian Government, availing themselves of Article 38, paragraph 1 and point 1 of the Annex, declares that Italy does not accept the provisions of the Convention on the enforcement of sentences (Part III) or on their complete application (Part IV).
Articles concerned : 16, 17, 18, 19, 20, 21, 22, 23, 24, 25

Declaration contained in a letter from the Permanent Representative of Italy dated 28 June 1965 registered at the Secretariat General on 30 June 1965 and confirmed at the time of deposit of the instrument of ratification on 21 May 1975 - Or. Fr.

At the time of signing and in pursuance of the provisions of paragraph 2 of Article 29 of the Convention, the Italian Government declared that it reserves the right to require that requests and supporting documents should be accompanied by a translation into French.
Period covered: 22/08/1975 -
Articles concerned : 29


Luxembourg

Reservation made at the time of deposit of the instrument of ratification on 22 September 1976 - Or. Fr.

Availing itself of the option provided for in Article 38, paragraph 1 of the Convention and its Annex, the Government of the Grand Duchy of Luxembourg declares that complete application shall be refused if the person to whom the decision relates has been finally sentenced for the same offence by the competent authorities of a third State and if, having been sentenced, he is serving, has already served or has been dispensed from serving sentence (Article 7).
Period covered: 23/12/1976 -
Articles concerned : 22, 23, 24, 25

Reservation made at the time of deposit of the instrument of ratification on 22 September 1976 - Or. Fr.

Availing itself of the option provided for in Article 38, paragraph 1 of the Convention and its Annex, the Government of the Grand Duchy of Luxembourg does not accept the provisions of Part III;
Period covered: 23/12/1976 -
Articles concerned : 16, 17, 18, 19, 20, 21

Reservation made at the time of deposit of the instrument of ratification on 22 September 1976 - Or. Fr.

Availing itself of the option provided for in Article 38, paragraph 1 of the Convention and its Annex, the Government of the Grand Duchy of Luxembourg does not accept the provisions of paragraph 2 of Article 37.
Period covered: 23/12/1976 -
Articles concerned : 37

Declaration made at the time of deposit of the instrument of ratification on 22 September 1976 - Or. Fr.

Availing itself of the option referred to in paragraph 2 of Article 29, the Government of the Grand Duchy of Luxembourg requires that requests and supporting documents should be drawn up in or accompanied by a translation into French, German or English.
Period covered: 23/12/1979 -
Articles concerned : 29

Reservation made at the time of deposit of the instrument of ratification on 22 September 1976 - Or. Fr.

Availing itself of the option provided for in Article 38, paragraph 1 of the Convention and its Annex, the Government of the Grand Duchy of Luxembourg declares that the provisions of Part II and of Part IV shall not be applied to sentences pronounced in absentia (Article 7, paragraph 2.c).
Period covered: 23/12/1976 -
Articles concerned : 10, 11, 12, 13, 14, 15, 22, 23, 24, 25


Netherlands

Declaration contained in the instrument of acceptance, deposited on 30 September 1987 - Or. Engl.

The Kingdom of the Netherlands accepts the said Convention with Annex, for the Kingdom in Europe.
Period covered: 01/01/1988 -
Articles concerned : 36

Reservation contained in the instrument of acceptance, deposited on 30 September 1987 - Or. Engl.

The Kingdom of the Netherlands declares with regard to Article 7 of the Convention that complete application will not be accepted if the person to whom the decision relates has already been irrevocably tried by the competent authorities of a third State in respect of the same offence and if, in the event of conviction for this offence, the offender is serving or has already served his sentence or has been exempted from doing so.
Period covered: 01/01/1988 -
Articles concerned : 22, 23, 24, 25

Reservation contained in the instrument of acceptance, deposited on 30 September 1987 - Or. Engl.

The Kingdom of the Netherlands does not accept the provisions contained in Part III of the Convention.
Period covered: 01/01/1988 -
Articles concerned : 16, 17, 18, 19, 20, 21

Reservation contained in the instrument of acceptance, deposited on 30 September 1987 - Or. Engl.

By reason of the special regime between the Benelux countries, the Kingdom of the Netherlands does not accept the provisions of paragraph 2 of Article 37 of the Convention.
Period covered: 01/01/1988 -
Articles concerned : 37

Declaration made at the time of deposit of the instrument of acceptance on 30 September 1987 - Or. Engl.

With regard to Article 29, paragraph 2, of the Convention: The Kingdom of the Netherlands requires a translation in Dutch, French, English or German of any documents not drawn up in one of the above four languages.
Period covered: 01/01/1988 -
Articles concerned : 29

Declaration made at the time of deposit of the instrument of acceptance on 30 September 1987 - Or. Engl.

With regard to Article 7, paragraph 2(c), of the Convention: The provisions contained in Parts II and IV of the Convention will not be applied in the case of convictions in absentia.
Period covered: 01/01/1988 -
Articles concerned : 10, 11, 12, 13, 14, 15, 22, 23, 24, 25


Slovakia

Reservation contained in the instrument of ratification deposited on 21 July 2003 - Or. Engl.

The Slovak Republic avails itself of the possiblity given in Article 38, paragraph 1, of the Convention and reserves the right under point 3. of the Annex not to accept the provisions of Article 37, paragraph 2, of the Convention.
Period covered: 22/10/2003 -
Articles concerned : 37, 38

Declaration contained in the instrument of ratification deposited on 21 July 2003 - Or. Engl.

The Slovak Republic avails itself of the possibility given in Article 27, paragraph 4, of the Convention, and declares that requests and any communications under the Convention shall be sent to the Ministry of Justice of the Slovak Republic.
Period covered: 22/10/2003 -
Articles concerned : 27

Declaration contained in the instrument of ratification deposited on 21 July 2003 - Or. Engl.

The Slovak Republic avails itself of the possibility given in Article 29, paragraph 2, of the Convention and declares that requests and supporting documents sent to its authorities shall be accompanied by a translation into the Slovak language. Should the Requesting State, however, encounter insurmountable difficulties in arranging for a Slovak translation, the documents may be accompanied by a translation into either English or French.
Period covered: 22/10/2003 -
Articles concerned : 29


Sweden

Reservation contained in the instrument of ratification deposited on 27 February 1979 - Or. Fr.

Sweden does not accept Part III of the Convention (Enforcement of sentences).
Period covered: 28/05/1979 -
Articles concerned : 16, 17, 18, 19, 20, 21

Declaration contained in a letter from the Minister for Foreign Affairs of Sweden dated 12 February 1979, handed to the Secretary General at the time of deposit of the instrument of ratification on 27 February 1979 - Or. Fr.

Sweden reserves the right to require that requests and supporting documents drafted in a language other than Danish, Norwegian or Swedish should be accompanied by a translation into Swedish or English (Article 29, paragraph 2).
Period covered: 28/05/1979 -
Articles concerned : 29

Declaration contained in a letter from the Minister for Foreign Affairs of Sweden dated 12 February 1979, handed to the Secretary General at the time of deposit of the instrument of ratification on 27 February 1979 - Or. Fr.

In relations between Sweden on the one hand and Denmark, Finland, Iceland or Norway on the other, the Convention shall only apply to that co-operation not already regulated by uniform legislation within these countries (Article 37, paragraph 3).
Period covered: 28/05/1979 -
Articles concerned : 37


Ukraine

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.
Period covered: 16/10/2015 -
Articles concerned : -


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