Reservations and Declarations for Treaty No.189 - Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems

Declarations in force as of today
Status as of 09/02/2016

Croatia

Reservation contained in the instrument of ratification deposited on 4 July 2008 - Or. Engl.

Pursuant to Article 3, paragraph 2, of the Additional Protocol, the Republic of Croatia reserves the right not to attach criminal liability to conduct as defined by paragraph 1 of Article 3 of the Additional Protocol, where racist and xenophobic material as defined in Article 2, paragraph 1, of the Additional Protocol advocates, promotes or incites discrimination that is not associated with hatred or violence.
Period covered: 01/11/2008 -
Articles concerned : 3


Denmark

Reservation contained in the instrument of ratification deposited on 21 June 2005 - Or. Engl. – and confirmed in a letter from the Deputy Permanent Representative of Denmark, dated 13 June 2006, registered at the Secretariat General on 15 June 2006 – Or. Engl.

In accordance with Article 3, paragraphs 2 and 3, of the Protocol, the Government of the Kingdom of Denmark declares that Denmark reserves the right to fully or to partially refrain from criminalising acts covered by Article 3, paragraph 1.
Period covered: 01/03/2006 -
Articles concerned : 3

Reservation contained in the instrument of ratification deposited on 21 June 2005 - Or. Engl. – and confirmed in a letter from the Deputy Permanent Representative of Denmark, dated 13 June 2006, registered at the Secretariat General on 15 June 2006 – Or. Engl.

In accordance with Article 5, paragraph 2, letter b, of the Protocol, the Government of the Kingdom of Denmark declares that Denmark reserves the right to fully or to partially refrain from criminalising acts covered by Article 5, paragraph 1.
Period covered: 01/03/2006 -
Articles concerned : 5

Reservation contained in the instrument of ratification deposited on 21 June 2005 - Or. Engl. – and confirmed in a letter from the Deputy Permanent Representative of Denmark, dated 13 June 2006, registered at the Secretariat General on 15 June 2006 – Or. Engl.

In accordance with Article 6, paragraph 2, letter b, of the Protocol, the Government of the Kingdom of Denmark declares that Denmark reserves the right to fully or to partially refrain from criminalising acts covered by Article 6, paragraph 1.
Period covered: 01/03/2006 -
Articles concerned : 6

Declaration contained in the instrument of ratification deposited on 21 June 2005 - Or. Engl.

Pursuant to Article 14 of the Protocol, Denmark declares, until further notice, the Protocol will not apply to the Feroe Islands and Greenland.
Period covered: 01/03/2006 -
Articles concerned : 14


Finland

Reservation contained in the instrument of acceptance deposited on 20 May 2011 - Or. Engl.

In accordance with Article 3, paragraph 3, of the Protocol, the Republic of Finland reserves the right not to apply Article 3, paragraph 1, to those cases of discrimination for which, due to established principles in its national legal system concerning freedom of expression, it cannot provide for effective remedies as referred to in Article 3, paragraph 2.
Period covered: 01/09/2011 -
Articles concerned : 3

Reservation contained in the instrument of acceptance deposited on 20 May 2011 - Or. Engl.

In accordance with Article 5, paragraph 2, subparagraph b, of the Protocol, the Republic of Finland, due to established principles in its national legal system concerning freedom of expression, reserves the right not to apply, in whole or in part, Article 5, paragraph 1, to cases where the national provisions on defamation or ethnic agitation are not applicable.
Period covered: 01/09/2011 -
Articles concerned : 5

Reservation contained in the instrument of acceptance deposited on 20 May 2011 - Or. Engl.

In accordance with Article 6, paragraph 2, subparagraph b, of the Protocol, the Republic of Finland, due to established principles in its national legal system concerning freedom of expression, reserves the right not to apply, in whole or in part, Article 6, paragraph 1, to cases where the national provisions on ethnic agitation are not applicable.
Period covered: 01/09/2011 -
Articles concerned : 6


France

Declaration contained in the instrument of approval deposited on 10 January 2006 - Or. Fr.

In accordance with Article 6, paragraph 1, of the Protocol, France interprets the terms "international court established by relevant international instruments and whose jurisdiction is recognised by that Party" (Article 6, paragraph 1) as being any international criminal jurisdiction explicitely recognised as such by the French authorities and established under its domestic law.
Period covered: 01/05/2006 -
Articles concerned : 6


Lithuania

Declaration contained in the instrument of ratification deposited on 12 October 2006 – Or. Engl.

In accordance with Article 6, paragraph 2, subparagraph a, and Article 12, paragraph 3, of the Additional Protocol to the Convention on Cybercrime, the Republic of Lithuania states that criminal liability for denial or gross minimisation arises if it has been committed “with the intent to incite hatred, discrimination or violence against any individual or group of individuals, based on race, colour, descent or national or ethnic origin, as well as religion if used as a pretext for any of these factors”.
Period covered: 01/02/2007 -
Articles concerned : 12, 6


Montenegro

Reservation contained in the instrument of ratification deposited on 3 March 2010 - Or. Engl.

In accordance with Article 6, paragraph 2, item b, and Article 12, paragraph 3, of the Additional Protocol, Montenegro requires that the denial or the gross minimization, approval or justification of acts constituting genocide or crimes against humanity, be committed with the intent to incite hatred, discrimination or violence against an individual or group of individuals based on race, color, descent or national or ethnic origin, as well as religion if used as pretext for any of these factors, or otherwise.
Period covered: 01/07/2010 -
Articles concerned : 12, 6


Netherlands

Reservation contained in the instrument of acceptance deposited on 22 July 2010 - Or. Engl.

The Kingdom of the Netherlands will comply with the obligation to criminalise the denial, gross minimisation, approval or justification of genocide or crimes against humanity laid down in Article 6, paragraph 1, of the Protocol where such conduct incites hatred, discrimination or violence on the grounds of race or religion.
Period covered: 01/11/2010 -
Articles concerned : 6

Declaration contained in the instrument of acceptance deposited on 22 July 2010 - Or. Engl.

The Kingdom of the Netherlands accepts the Protocol for the Kingdom in Europe.
Period covered: 01/11/2010 -
Articles concerned : 14


Norway

Reservation contained in the instrument of ratification deposited on 29 avril 2008 – Or. Engl.

In accordance with Article 3, paragraph 3 of the Protocol, Norway reserves the right not to apply paragraph 1 to those cases of discrimination for which, due to established principles in its national legal system concerning freedom of expression, it cannot provide for effective remedies as referred to in the said paragraph 2.
Period covered: 01/08/2008 -
Articles concerned : 3

Reservation contained in the instrument of ratification deposited on 29 avril 2008 – Or. Engl.

In accordance with Article 5, paragraph 2 b of the Protocol, Norway reserves the right not to apply paragraph 1 of this Article, except for hatred offences.
Period covered: 01/08/2008 -
Articles concerned : 5

Reservation contained in the instrument of ratification deposited on 29 avril 2008 – Or. Engl.

In accordance with Article 6, paragraph 2 b of the Protocol, Norway reserves the right not to apply paragraph 1 of this Article, except for hatred offences.
Period covered: 01/08/2008 -
Articles concerned : 6


Poland

Reservation contained in the instrument of ratification deposited on 20 February 2015 - Or. Engl.

Pursuant to Article 3, paragraph 3, of the Additional Protocol, the Republic of Poland reserves that the condition that is necessary to consider a conduct referred to in Article 3, paragraph 1, a criminal offence is discrimination associated with violence or hatred, as referred to in Article 3, paragraph 2.
Period covered: 01/06/2015 -
Articles concerned : 3

Reservation contained in the instrument of ratification deposited on 20 February 2015 - Or. Engl.

Pursuant to Article 6, paragraph 2.a, of the Additional Protocol, the Republic of Poland reserves that the condition that is necessary to consider a conduct referred to in Article 6, paragraph 1, a criminal offence is the intent as specified in Article 6, paragraph 2.a.
Period covered: 01/06/2015 -
Articles concerned : 6


Romania

Reservation contained in the instrument of ratification deposited on 16 July 2009 – Or. Engl.

In accordance with Article 5, paragraph 2.b, of the Additional Protocol, Romania reserves the right not to apply the provisions of Article 5, paragraph 1, of the Additional Protocol concerning racist and xenophobic motivated insult.
Period covered: 01/11/2009 -
Articles concerned : 5


Spain

Declaration contained in the instrument of ratification deposited on 18 December 2014 - Or. Fr.

Spain declares that, in the event that the present Protocol were to be ratified by the United Kingdom and extended to the territory of Gibraltar, Spain wishes to make the following Statement:

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 cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems.

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 Kingdoms of Spain and of the Great Britain.
Period covered: 01/04/2015 -
Articles concerned : -


Ukraine

Declaration contained in the instrument of ratification deposited on 21 December 2006 - Or. Engl.

In accordance with Article 6, paragraph 2, subparagraph a, of the Additional Protocol to the Convention on Cybercrime, Ukraine declares that it shall require that denial or gross minimization referred to in paragraph 1 of that Article is committed with the intention to provoke hatred, discrimination or violence against any person or group of persons based on signs of race, colour, national or ethnic origin as well as faith if [they are] used as a reason for any of those actions.
Period covered: 01/04/2007 -
Articles concerned : 6

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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