Reservations and Declarations for Treaty No.167 - Additional Protocol to the Convention on the Transfer of Sentenced Persons

Declarations in force as of today
Status as of 24/07/2016

Belgium

Declaration contained in the instrument of ratification deposited on 26 May 2005 - Or. Fr.

The Government of Belgium declares that Belgium undertakes not to apply Article 3 of the Protocol when the sentenced person has its habitual residence in the Kingdom's territory at the time of his/her arrest.
Period covered: 01/09/2005 -
Articles concerned : 3


Denmark

Declaration contained in the instrument of ratification deposited on 10 September 2001 - Or. Engl.

In accordance with Article 6, paragraph 1, of the Additional Protocol to the Convention, the Government of the Kingdom of Denmark declares that, until notification to the contrary, the Protocol shall not apply to the Faroe Islands and Greenland.
Period covered: 01/01/2002 -
Articles concerned : 6


Ireland

Declaration contained in the instrument of ratification deposited on 13 December 2006 - Or. Engl.

Pursuant to Article 3, paragraph 6, of the Additional Protocol, Ireland declares that it will not apply Article 3 of the said Protocol and will not take over the execution of sentences under the circumstances described in Article 3 until notification to the contrary.
Period covered: 01/04/2007 -
Articles concerned : 3


Moldova

Declaration contained in the instrument of ratification deposited on 12 May 2004 - Or. Engl.

The Republic of Moldova declares that the provisions of the Additional Protocol will be applied only on the territory controlled by the Government of the Republic of Moldova until the full establishment of the territorial integrity of the Republic of Moldova.
Period covered: 01/09/2004 -
Articles concerned : -


Netherlands

Declaration contained in the instrument of ratification deposited on 18 June 2002 - Or. Engl./Tur.

Conformément à l’article 6 du Protocole, le Gouvernement du Royaume des Pays-Bas accepte ledit Protocole pour le Royaume en Europe, les Antilles néerlandaises et Aruba.
Period covered: 01/10/2002 -
Articles concerned : 6


Romania

Declaration contained in the instrument of ratification deposited on 7 December 2001 - Or. Engl.

The Government of Romania declares that the declarations formulated by Romania with respect to the Convention on the Transfer of Sentenced Persons (ETS 112) shall apply mutatis mutandis to the Additional Protocol.

[Note by the Secretariat : The above-mentioned declarations read as follows : "In pursuance of Article 3, paragraph 4, of the Convention, the term "national" means the citizen of the administering State (see Article 3, paragraph 1.a and Article 6, paragraph 1.a) or the citizen of the State of transit (see Article 16, paragraph 2a).

In pursuance of Article 17, paragraph 3, the requests for transfer and supporting documents shall be accompanied by a translation into Romanian or into one of the official languages of the Council of Europe."]
Period covered: 01/04/2002 -
Articles concerned : 1


Russia

Declaration contained in the instrument of ratification deposited on 28 August 2007 - Or. Engl.

In accordance with Article 3, paragraph 6, of the Additional Protocol, the Russian Federation declares that it will not take over the execution of sentences under the circumstances described in Article 3 of the Addiditional Protocol.
Period covered: 01/12/2007 -
Articles concerned : 3


Spain

Declaration contained in a Note verbale from the Permanent Representation of Spain, dated 28 August 2014, deposited at the time of signature of the instrument on 9 September 2014 - Or. Fr.

In the event that this Protocol were to be ratified by the United Kingdom and extended to Gibraltar, Spain would like to make the following declaration:

1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom, 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 Administration status and exercise exclusively internal competences which have their origin and their foundation in a 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, it is considered that the eventual participation of the Gibraltarian authorities in the application of this Protocol will be carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way the declarations formulated in the two previous paragraphs.

4. The process provided for by the “Agreed Arrangements relating to Gibraltar authorities in the context of certain international treaties” which have been adopted by Spain and the United Kingdom on 19 December 2007, jointly with the "Agreed Arrangements relating to Gibraltar authorities in the context of EU and EC instruments and related treaties", dated 19 April 2000 apply to the Additional Protocol to the Convention on the Transfer of Sentenced Persons.

5. The application of the said Protocol to Gibraltar should not be interpreted as an acknowledgment of any right or any situation regarding areas not covered by Article X of the Treaty of Utrecht of 13 July 1713, concluded between the Crowns of Spain and of the United Kingdom.
Articles concerned : 6


Turkey

Declaration contained in a Note verbale from the Permanent Representation of Turkey, deposited at the time of signature of the instrument on 10 November 2010 - Or. Engl., and confirmed in the instrument of ratification deposited on 2 May 2016 - Or. Engl.

In accordance with Article 3, paragraph 6, of the Additional Protocol, the Government of the Republic of Turkey declares that it excludes the application of Article 3 of the said Protocol, and unless otherwise notified, shall not take over the execution of sentences under the circumstances described in Article 3.
Period covered: 01/09/2016 -
Articles concerned : 3


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 a letter from the Secretary of State for Foreign and Commonwealth Affairs of the United Kingdom, dated 4 February 2013, registered at the Secretariat General on 27 February 2013 - Or. Engl.

The Government of the United Kingdom of Great Britain and Northern Ireland wishes the United Kingdom's ratification of the Convention as amended by its Additional Protocol to be extended to the territory of Jersey, for whose international relations the United Kingdom is responsible.
Period covered: 01/06/2013 -
Articles concerned : 6


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