Reservations and Declarations for Treaty No.086 - Additional Protocol to the European Convention on Extradition

Declarations in force as of today
Status as of 23/08/2016

Azerbaijan

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).
Period covered: 26/09/2002 -
Articles concerned : -


Denmark

Declaration contained in the instrument of ratification, deposited on 13 September 1978 - Or. Fr.

In accordance with Article 6.1 of the Additional Protocol, we declare not to accept Chapter I.
Period covered: 20/08/1979 -
Articles concerned : 1


Georgia

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

Georgia declares that it does not accept Chapter I of the Protocol and reserves the right to decide, in accordance with the Chapter, on a case-by-case basis whether or not to satisfy an extradition request.
Period covered: 13/09/2001 -
Articles concerned : 1

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.
Period covered: 13/09/2001 -
Articles concerned : -


Hungary

Declaration contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993 - Or. Engl.

Since Article 6 of the Additional Protocol to the European Convention on Extradition makes possible the exclusion of the totality of Chapter I or II only, Hungary declares, that it does not accept Chapter I of the said Protocol.
Period covered: 11/10/1993 -
Articles concerned : 1

Reservation contained in a letter from the Permanent Representative of Hungary, handed to the Secretary General at the time of deposit of the instrument of ratification, on 13 July 1993 - Or. Engl.

Although Hungarian law is in accordance with Article 1.a and b, and does not contain any provision contrary to subparagraph c, Hungary reserves the right to consider on a case-by-case basis whether or not to satisfy extradition requests based on subparagraph c.
Period covered: 11/10/1993 -
Articles concerned : 1


Iceland

Declaration made at the time of deposit of the instrument of ratification, on 20 June 1984 - Or. Engl.

Iceland does not accept Chapter I of the Protocol.
Period covered: 18/09/1984 -
Articles concerned : 1


Luxembourg

Declaration contained in a letter from the Permanent Representative of Luxembourg, dated 4 September 2001, deposited with the instrument of ratification on 12 September 2001 - Or. Fr.

Pursuant to Article 6, paragraph 1, the Government of the Grand Duchy of Luxembourg declares that it does not accept Chapter II of the Additional Protocol.
Period covered: 11/12/2001 -
Articles concerned : 6


Malta

Declaration 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 6 of the Protocol, Malta declares that it does not accept Chapter I of the Protocol.
Period covered: 18/02/2001 -
Articles concerned : 1


Netherlands

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.
Period covered: 12/04/1982 -
Articles concerned : 5

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

The Government of the Kingdom of the Netherlands declares, in accordance with Article 6 of the aforementioned Protocol, that it does not accept Chapter I of the Protocol.
Period covered: 12/04/1982 -
Articles concerned : 1

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

Although Dutch legislation is fully in accordance with Article 1 (opening words and a. and b.) and does not contain any provisions, contrary to Article 1 (opening words and c.) in the case of acts committed during an international armed conflict, the Government of the Kingdom of the Netherlands wishes to reserve for itself the right to refuse extradition in cases of violations of laws and customs of war which have been committed during a non-international armed conflict.
Period covered: 12/04/1982 -
Articles concerned : 1

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.
Period covered: 21/07/1993 -
Articles concerned : 5

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 declaration as made by the Netherlands in respect of the Additional Protocol of 15 October 1975 shall also apply to the Netherlands Antilles and Aruba.

[Note by the Secretariat: The Government of the Kingdom of the Netherlands had declared that it does not accept Chapter I of the Protocol].
Period covered: 21/07/1993 -
Articles concerned : 5

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 Additional Protocol to the European Convention on Extradition ("the 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 Additional Protocol.

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

- the Netherlands Antilles and Aruba and the Parties to the Additional Protocol, or
- the part of the Kingdom of the Netherlands situtated in Europe and the Parties to the Additional Protocol that are not Member States of the European Union.
Period covered: 10/02/2006 -
Articles concerned : -

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. The declaration as made for the Kindgom of the Netherlands on 12 January 1982 remains applicable between the States mentioned above and Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba).

[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.]
Period covered: 10/10/2010 -
Articles concerned : 5


Norway

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

Pursuant to Article 6, Norway declares that it does not accept Chapter I of the Protocol.
Period covered: 11/03/1987 -
Articles concerned : 1


Russia

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.

Considering its declaration on Article 3 of the European Convention on Extradition of 1957, the Russian Federation does not regard as exhaustive the list of offences contained in Article 1 of this Protocol that are not offences of a political nature.
Articles concerned : 1

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

Given its statement concerning Article 3 of the European Convention on Extradition of December 13, 1957 the Russian Federation does not consider the list of offences that are not “Political offences” set forth in Article 1 of the Additional Protocol of October 15, 1975 to the European Convention on Extradition of December 13, 1957, as exhaustive”.
Period covered: 09/03/2000 -
Articles concerned : 1


Sweden

Declaration contained in the instrument of ratification, deposited on 2 February 1976 - Or. Engl.

Sweden does not accept Chapter I of the said Protocol.
Period covered: 20/08/1979 -
Articles concerned : 1


Turkey

Reservation contained in the instrument of ratification deposited on 11 July 2016 - Or. Engl.

Pursuant to Article 6, paragraph 1, the Republic of Turkey declares that it does not accept Chapter I of the Additional Protocol.
Period covered: 09/10/2016 -
Articles concerned : 6

Declaration contained in the instrument of ratification deposited on 11 July 2016 - Or. Engl.

Turkey declares that its signing/ratification of the Additional Protocol to the European Convention on Extradition neither amounts to any form of recognition of the Greek Cypriot Administration’s pretention to represent the defunct “Republic of Cyprus” as party to the Additional Protocol to the European Convention on Extradition, nor should it imply any obligations on the part of Turkey to enter into any dealing with the so-called Republic of Cyprus within the framework of the said Additional Protocol to the European Convention on Extradition.

“The Republic of Cyprus” was founded as a Partnership State in 1960 by Greek and Turkish Cypriots in accordance with international treaties. This partnership was destroyed by the Greek Cypriot side when it unlawfully seized the state by forcibly ejecting all Turkish Cypriot members in all the state organs in 1963. Eventually, Turkish Cypriots who were excluded from the Partnership State in 1963 have organized themselves under their territorial boundaries and exercise governmental authority, jurisdiction and sovereignty. There is no single authority which in law or in fact is competent to represent jointly the Turkish Cypriots and the Greek Cypriots and consequently Cyprus as a whole. Thus, the Greek Cypriots cannot claim authority, jurisdiction or sovereignty over the Turkish Cypriots who have equal status or over the entire Island of Cyprus.
Period covered: 09/10/2016 -
Articles concerned : -


Ukraine

Declaration contained in the instrument of ratification deposited on 11 March 1998 - Engl./Ukr.

Although Ukrainian legislation is in accordance with Article 1, paragraphs a and b, and does not contain any provision contrary to the paragraph c, Ukraine declares that it does not accept Chapter I and reserves the right to decide, in accordance with the Chapter, on a case-by-case basis whether or not to satisfy extradition requests.
Period covered: 09/06/1998 -
Articles concerned : 1

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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