Reservations and Declarations for Treaty No.097 - Additional Protocol to the European Convention on Information on Foreign Law

Declarations in force as of today
Status as of 08/02/2016

Belarus

Declaration contained in the instrument of ratification, deposited on 2 July 1997 - Or. Engl.

The Republic of Belarus shall apply Additional Protocol to the European Convention on Information on Foreign Law with the exception of provisions of Chapter II of this Protocol.
Period covered: 03/10/1997 -
Articles concerned : 5


Bulgaria

Declaration contained in a letter from the Minister of Foreign Affairs of Bulgaria, dated 25 February 1991, registered at the Secretariat General on 18 March 1991 - Or. Bulg.

Receiving and Transmitting Agency :

Ministry of Justice, 2, bd Dondoukov, SOFIA 1040, BULGARIA
Tel : 2 - 8601 Telex : 23882
Period covered: 01/05/1991 -
Articles concerned : 4


Cyprus

Declaration made at the time of signature, on 1 December 1978, and renewed at the time of deposit of the instrument of ratification, on 3 April 1979 - Or. Engl.

When depositing this instrument of ratification, the Permanent Representative of Cyprus to the Council of Europe, in accordance with the provisions of Article 5.1, declares that the Republic of Cyprus will only be bound by Chapter I of this Protocol.
Period covered: 31/08/1979 -
Articles concerned : 5


Czech Republic

Declaration contained in the instrument of ratification deposited on 24 June 1998 - Or. Engl.

In conformity with the provisions of Article 5, paragraph 1, of the Protocol, the Government of the Czech Republic declares that the Czech Republic feels bounds by Chapter I of the Protocol.
Period covered: 25/09/1998 -
Articles concerned : 5


Estonia

Declaration contained in the instrument of ratification, deposited on 28 April 1997 - Or. Engl.

The Republic of Estonia, in accordance with Article 5, paragraph 1, of the Protocol, shall only be bound by Chapter I of the Protocol.
Period covered: 29/07/1997 -
Articles concerned : 5


France

Declaration made at the time of deposit of the instrument of approval, on 22 September 1983 - Or. Fr.

In accordance with the provisions of Article 2(2) of the Convention on Information on Foreign Law of 7 June 1968 and of Article 4 of the Protocol, the French Government appoints as the French liaison body the :

Bureau du Droit européen et international, Ministère de la Justice, 13 place Vendôme, 75042 PARIS Cedex 01.
Period covered: 23/12/1983 -
Articles concerned : 4


Germany

Declaration contained in two letters from the Permanent Representative of the Federal Republic of Germany, dated 23 July 1987, handed to the Secretary General at the time of deposit of the instrument of ratification, on 23 July 1987 - Or. Germ/Engl/Fr.

The Federal Republic of Germany interprets the second sentence of Article 1 of the Additional Protocol as meaning that the different degree of decriminalisation in the member States of the Council of Europe should not, in the application of this Additional Protocol, lead to a one-sided limitation of opportunities for obtaining information and that for administrative offences (Ordnungswidrigkeiten), too, authorities may accordingly supply or request information to the extent envisaged in the said Protocol.
Period covered: 24/10/1987 -
Articles concerned : 1

Declaration contained in two letters from the Permanent Representative of the Federal Republic of Germany, dated 23 July 1987, handed to the Secretary General at the time of deposit of the instrument of ratification, on 23 July 1987 - Or. Germ/Engl/Fr.

The Federal Republic of Germany declares in accordance with Article 5 (1) of the Additional Protocol that the Federal Republic of Germany will not be bound by Chapter II of the said Protocol.
Period covered: 24/10/1987 -
Articles concerned : 5

Declaration transmitted by the Permanent Representative of Germany, registered at the Secretariat General on 29 February 1996 - Or. Engl.

The Governments of the five new German States (Länder) have now appointed the agencies competent to receive requests for the information referred to in sections 5 and 8 of the Act on Information on Foreign Law and those acting as transmitting agencies pursuant to section 9, paragraph 2, second sentence, of the Act. These are, as in the old Länder, the State judicial authorities.

In 1975, the following address of the Federal Ministry of Justice as receiving and transmitting agency for requests for information originating from the Federal Constitutional Court or federal courts was communicated to the Secretary General of the Council of Europe: "Der Bundesminister der Justiz, 53 Bonn-Bad Godesberg, Stresemannstr. 6".

The address of the Federal Ministry of Justice has changed. The addresses of the receiving agency and the transmitting agency pursuant to article 2, paragraph 1 and 2 of the Convention now read as follow:

Receiving agency: Bundesministerium der Justiz
Heinemannstr. 6
D-53175 BONN

Transmitting agencies:

a. for requests originating from the Federal Constitutional Court of federal courts:

Bundesministerium der Justiz
Heinemannstr. 6
D-53175 BONN

b. for requests originating from judicial authorities of a Land:

the Ministry of Justice of the Land concerned.
Period covered: 29/02/1996 -
Articles concerned : 4

Declaration contained in a letter from the Permanent Representative of the Federal Republic of Germany, dated 24 January 2000, registered at the Secretariat General on 28 January 2000 - Or. Eng.

I have the honour to inform you that the transmitting agency referred to in Article 2, paragraph 2 of the European Convention on Information on Foreign Law for requests emanating from judicial authorities within the Federal State of Saxony has been transferred to the President of the Higher Regional Court in Dresden. His address is as follows:

Präsident des Oberlandesgerichts Dresden
Postfach 12 07 32
01008 Dresden - Germany

This decision has taken effect on January 1, 2000.
Period covered: 01/01/2000 -
Articles concerned : 4


Italy

Declaration contained in a letter from the Permanent Representative of Italy, dated 5 February 1982, handed to the Secretary General at the time of deposit of the instrument of ratification, on 11 February 1982 - Or. It.

Italy, having already designated the Ministry of Justice as competent agency pursuant to Article 2 par. 2 of the European Convention of 7 June 1968, the said agency is also competent pursuant to Article 4 of the said Protocol.
Period covered: 12/05/1982 -
Articles concerned : 4


Latvia

Declaration transmitted by a letter from the Permanent Representative of Latvia, dated 29 October 1998, registered at the Secretariat General on 2 November 1998 - Or. Engl.

In pursuance of Article 5 of the Additional Protocol, the Republic of Latvia declares that it will not be bound by Chapter II of the Protocol.
Period covered: 06/11/1998 -
Articles concerned : 5


Liechtenstein

Declaration contained in the instrument of ratification deposited on 13 May 2003 - Or. Engl.

In accordance with Article 5, paragraph 1, the Principality of Liechtenstein declares that it will be bound only by the provisions of Chapter I of the Additional Protocol.
Period covered: 14/08/2003 -
Articles concerned : 5


Lithuania

Declaration contained in the instrument of ratification deposited on 19 May 2004 - Or. Engl.

Pursuant to Article 5, paragraph 1, of the Additional Protocol, the Republic of Lithuania declares that it will only be bound by Chapter I of the said Additional Protocol.
Period covered: 20/08/2004 -
Articles concerned : 5


Luxembourg

Declaration contained in a letter from the Permanent Representative of Luxembourg, dated 10 June 1982, handed to the Secretary General at the time of deposit of the instrument of ratification, on 11 June 1982 - Or. Fr.

The name and address of the transmitting agency appointed by Luxembourg in accordance with Article 4, para. 2 is the following:

Ministry of Justice
13 Rue Erasme
Centre Administratif Pierre Werner
L – 1468 Luxembourg.

[Note by the Secretariat: The address of the competent authority has been updated by a Note verbale from the Permanent Representation of Luxembourg, dated 20 April 2010, registered at the Secretariat General on 21 April 2010 - Or. Fr.]
Period covered: 12/09/1982 -
Articles concerned : 4


Malta

Declaration contained in a letter from the Prime Minister of Malta dated 17 April 1989 handed to the Secretary General at the time of deposit of the instrument of ratification on 25 April 1989 - Or. Engl.

In accordance with Article 5 of the Additional Protocol to the European Convention on Information on Foreign Law, I, on behalf of the Government of the Republic of Malta, would like to declare that, "With effect from the time of deposit of the Instrument of Ratification of the aforesaid Protocol, Malta will be bound only by the provisions of Chapter I of the said Protocol".
Period covered: 26/07/1989 -
Articles concerned : 5

Declaration contained in a letter from the Prime Minister of Malta dated 17 April 1989 handed to the Secretary General at the time of deposit of the instrument of ratification on 25 April 1989 - Or. Engl.

Pursuant to Article 4 of the aforesaid Protocol, my Government would like to designate the Chambers of the Attorney General at The Palace, Valletta, as the agency for the purpose of transmitting any request for information to the competent foreign receiving agency.
Period covered: 26/07/1989 -
Articles concerned : 4


Mexico

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Mexico, handed over at the time of deposit of the instrument of accession on 21 February 2003 - Or. Engl./Sp.

In accordance with Article 4 of the Protocol, Mexico informs that in cases of requests deriving from the Additional PRotocol to the Convention, the receiving and transmitting authority will be the Directorate General of International Legal Affairs of the Attorney General's Office.
Period covered: 22/05/2003 -
Articles concerned : 4


Moldova

Declaration contained in the instrument of ratification deposited on 14 March 2002 - Or. Engl./Mol.

In accordance with Article 5, paragraph 1, of the Protocol, the Republic of Moldova reserves the right to be bound only by Chapter I of this Protocol.
Period covered: 15/06/2002 -
Articles concerned : 5

Declaration contained in the instrument of ratification deposited on 14 March 2002 - Or. Engl./Mol.

Pursuant to Article 9, paragraph 1, of the Protocol, the Republic of Moldova declares that it will not be bound by the provisions of the Convention with respect to the territory actually controlled by the local authorities of the self-proclaimed Trans-Dniester Republic until the final settlement of the conflict in this region.
Period covered: 15/06/2002 -
Articles concerned : 9


Netherlands

Declaration made at the time of deposit of the instrument of approval, on 3 June 1980 - Or. Fr.

The Kingdom of the Netherlands - Kingdom in Europe - is only bound by Chapter I of this Protocol.
Period covered: 04/09/1980 -
Articles concerned : 5

Declaration contained in the instrument of approval, deposited on 3 June 1980 - Or. Engl.

The Government of the Kingdom of the Netherlands accepts the said Protocol for the Kingdom in Europe.
Period covered: 04/09/1980 -
Articles concerned : 9

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 23 March 1981, registered at the Secretariat General on 24 March 1981 - Or. Engl.

(...) With reference to my letter of 13 October 1980, I have to inform you of the following correction.

The Ministry of Justice, Division of Public Law and Penal Law, P.O. Box 20301, 2500 EH The Hague has been appointed liaison body in accordance with Article 2 of the European Convention on Information on Foreign Law, opened for signature in London on 7 June 1968, but serves only as the receiving and forwarding agency of information as meant in Article 1 of the Protocol (i.e. information on material penal law and law as to criminal procedure and such like) and not as could be interpreted on the basis of the last sentence of my note of 13 October 1980 also for information based on the Convention of 1968.
Period covered: 24/03/1981 -
Articles concerned : 2

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 16 June 1986, registered at the Secretariat General on 17 June 1986 - Or. Engl.

Further to my letter N( 1799 of 24 December 1985 (...) concerning the new situation of Aruba, I have the honour to bring to your attention, in your capacity of depositary of Council of Europe treaties, that the following Treaty and Protocol, at present only concerning the Kingdom of the Netherlands in Europe, can be considered as from 1st January 1986, equally applicable to Aruba :

- European Convention on Information on Foreign Law (1968) ;

- Additional Protocol to the European Convention on Information on Foreign Law (1978).
Period covered: 01/01/1986 -
Articles concerned : 9


Poland

Declaration contained in a Note verbale from the Permanent Representation of Poland, dated 22 February 2002, registered at the Secretariat General on 26 February 2002 - Or. Fr.

In accordance with Article 2, paragraph 3, of the Convention and Article 4, paragraph 2, of the Additional Protocol to the Convention, the Government of Poland has designated as receiving and transmitting agency : the Ministry of Justice of the Republic of Poland, Aleje Ujazdowski 11, 00-950 Varsaw.
Period covered: 26/02/2002 -
Articles concerned : 4


Romania

Declaration contained in the instrument of accession deposited on 26 April 1991 - Or fr.

According to Article 2 of the Convention and Article 4 of the Protocol, the Ministry of Justice is designated as the "receiving agency" and as the "transmitting agency" in order to carry out their provisions.
Period covered: 27/07/1991 -
Articles concerned : 4


Slovakia

Declaration contained in the instrument of ratification, deposited on 5 December 1996 - Or. Engl.

In pursuance of the provisions of Article 5, paragraph 1, of the Additional Protocol, the Slovak Republic declares that it will only be bound by Chapter I of this Protocol.
Period covered: 06/03/1997 -
Articles concerned : 5

Declaration contained in the instrument of ratification, deposited on 5 December 1996 - Or. Engl.

The Slovak Republic appoints, for the transmission of requests under Chapter I, as the transmitting agency in accordance with Article 2, paragraph 2, of the Convention, in addition to the Ministry of Justice of the Slovak Republic, also the General Attorney's Office :

Generálna prokuratúra
Slovenskej republiky
Zupné námestie 13
813 11 Bratislava.
Period covered: 06/03/1997 -
Articles concerned : 4


Spain

Declaration contained in a letter from the Permanent Representative of Spain, dated 25 January 1999, registered at the Secretariat General on 26 January 1999 - Or. Fr., and confirmed by a letter dated 9 March 1999, registered at the Secretariat General on 10 March 1999 - Or. Fr.

Central Authority :

Ministerio de Justicia, Secretaría General Técnica, San Bernardo, 45, 28071 Madrid, Espana.
Period covered: 26/01/1999 -
Articles concerned : 4

Declaration contained in a letter from the Permanent Representative of Spain, dated 5 March 2008, registered at the Secretariat General on 5 March 2008 Or. Fr.

If the Additional Protocol to the European Convention on Information on Foreign Law were to be extended by the United Kingdom to Gibraltar, the Kingdom of Spain would like to make the following declaration :

1. Gibraltar is a non-autonomous territory for the international relations of which the United Kingdom is responsible and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.

2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in the distribution and attribution of competences performed by the United Kingdom, in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.

3. As a result, the eventual participation of the Gibraltarian authorities in the application of this Protocol will be understood as carried out exclusively as part of the internal competences of Gibraltar, and it cannot be considered to produce a change in relation with what was established in the two previous paragraphs.
Period covered: 05/03/2008 -
Articles concerned : 9


Sweden

Declaration contained in a letter from the Ministry for Foreign Affairs, dated 6 November 2000, registered at the Secretariat General on 24 November 2000 and in a letter from the Permanent Representation of Sweden, registered at the Secretariat General on 1 February 2001. - Or. Engl.

Sweden has appointed as receiving and transmitting agency :

The Ministry of Justice
Division for Criminal Cases and International Judicial Co-operation
Central Authority
S-103 33 STOCKHOLM
Suède
Téléphone: +46 8 405 45 00 (Secrétariat)
Fax: +46 8 405 46 76
E-mail:birs@justice.ministry.se
Period covered: 24/11/2000 -
Articles concerned : 4


Switzerland

Declaration made at the time of signature of the Protocol, on 17 February 1983, and contained in the instrument of ratification, deposited on 11 March 1985 - Or. Fr.

Switzerland will be bound only by the provisions of Chapter I of the Protocol.
Articles concerned : 5


The former Yugoslav Republic of Macedonia

Declaration contained in the instrument of ratification deposited on 15 January 2003 - Or. Engl.

In accordance with Article 5, paragraph 1, of the Protocol, the Republic of Macedonia declares that it shall not be bound by Chapter II of this Protocol.
Period covered: 16/04/2003 -
Articles concerned : 5

Declaration contained in the instrument of ratification deposited on 15 January 2003 - Or. Engl.

In accordance with Article 4 of the Protocol, the Republic of Macedonia declares that the single body that will carry out the provisions of the Convention will be the Ministry of Justice of the Republic of Macedonia.
Period covered: 16/04/2003 -
Articles concerned : 4


Turkey

Declaration contained in the instrument of ratification deposited on 1 December 2004 - Or. Engl.

The Turkish Government confirms is declaration made in accordance with the provisions of Article 2, paragraph 2, of the Convention in which it has appointed the Ministry of Justice, Directorate General of International Law and Foreign Relations, as the transmitting agency.
Period covered: 02/03/2005 -
Articles concerned : 4


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 : -


United Kingdom

Declaration contained in the instrument of ratification, deposited on 2 September 1981 - Or. Engl.

The Government of the United Kingdom of Great Britain and Northern Ireland declare, in accordance with the provisions of Article 5, paragraph 1, that the United Kingdom of Great Britain and Northern Ireland will be bound only by the provisions of Chapter I of the Additional Protocol.
Period covered: 03/12/1981 -
Articles concerned : 5


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