Reservations and Declarations for Treaty No.190 - Protocol amending the European Convention on the Suppression of Terrorism

Declarations in force as of today
Status as of 26/08/2016

Azerbaijan

Declaration contained in a Note verbale handed over by the Minister of Foreign Affairs of Azerbaijan to the Secretary General at the time of signature of the instrument, on 12 May 2004 - Or. Engl. - and confirmed in the instrument of ratification deposited on 2 December 2008 - Or. Engl.

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Protocol in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories is available here).
Articles concerned : -


Belgium

Reservation contained in the instrument of ratification deposited on 16 August 2007 - Or. Fr.

The Belgian Government declares that it intends to maintain the reservation made at the time of deposit of the instrument of ratification of the European Convention on the Supression of Terrorism done in Strasbourg on 17 January 1977. (Reservation made pursuant to Article 13.1 of the Convention).

Therefore, the Belgian Government declares the following:

"With due observance of Article 16, paragraph 5, of the Convention, Belgium reserves the right to refuse extradition in respect of any offence mentioned in Article 1, paragraph 1, under a) up to and including h), with the exception of sub-paragraph d), and Article 1, paragraph 2, insofar as the latter covers any offence mentioned in the first paragraph, under a) up to and including h), with the exception of sub-paragraph d), of the Convention, which it considers to be a political offence or an offence connected with a political offence; in these cases, Belgium undertakes to take into due consideration, when evaluating the character of the offence, its particularly serious aspects, including :
a. that it created a collective danger to the life, physical integrity or liberty of persons; or,
b. that it affected persons foreign to the motives behind it; or
c. that cruel or vicious means have been used in the commission of the offence."
Articles concerned : 12


Czech Republic

Declaration contained in a letter from the Permanent Representative of the Czech Republic, dated 26 November 2007, handed to the Deputy Secretary General at the time of signature of the instrument, on 27 November 2007 - Or. Engl.

The Government of the Czech Republic notes that Article 1, paragraph 1, subparagraphs i) and j) of the Convention, as amended by the Protocol, covers offences within the scope of the International Convention for the Suppression of Terrorist Bombings, adopted at New York on 15 December 1997, and the International Convention for the Suppression of the Financing of Terrorism, adopted at New York on 9 December 1999. The Government of the Czech Republic further notes that Article 16, paragraph 1, of the Convention, as amended by the Protocol, authorizes any Contracting State to the Convention to reserve the right to refuse extradition in respect of any offence mentioned in Article 1 of the Convention (including offences within the scope of the above two conventions mentioned in Article 1, paragraph 1, subparagraphs i) and j) of the Convention) which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives.

The Government of the Czech Republic recalls that Article 11 of the International Convention for the Suppression of Terrorist Bombings and Article 14 of the International Convention for the Suppression of the Financing of Terrorism lay down the principle that none of the offences set forth in the two conventions shall be regarded for the purposes of extradition as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. In addition, these articles provide that a request for extradition with respect to the offences within the scope of the two conventions may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

The Government of the Czech Republic is of the view that the provisions of Article 11 of the International Convention for the Suppression of Terrorist Bombings and of Article 14 of the International Convention for the Suppression of the Financing of Terrorism properly reflect the evergrowing relevance of the principle that claims of political motivation may not be recognized as the sole ground for refusing requests for the extradition of alleged perpretators of terrorist offences. The Government of the Czech Republic declares that, in the context, it will consider the possibility of raising an objection to any reservation, made by a Contracting Party to the aforementioned United Nations conventions pursuant to Article 16, paragraph 1, of the Convention, as amended by the Protocol, covering the offences mentioned in Article 1, paragraph 1, subparagraphs i) and j) of the Convention.
Articles concerned : 12


Denmark

Declaration contained in the instrument of ratification deposited on 14 April 2004 - Or. Engl.

Denmark declares that, until further decision, the Protocol will not apply to the Feroe Islands and Greenland.
Articles concerned : -


Greece

Declaration made at the time of signature of the instrument, on 15 May 2003 - Or. Fr.

Greece signs the Protocol subject to Article 12.
Articles concerned : 12


Moldova

Declaration contained in the instrument of ratification deposited on 10 March 2005 - Or. Engl.

The Republic of Moldova declares that until the full establishment of the territorial integrity of the Republic of Moldova, the provisions of the Protocol will be applied only on the territory controlled by the Government of the Republic of Moldova.
Articles concerned : -

Declaration contained in the instrument of ratification deposited on 10 March 2005 - Or. Engl.

The Republic of Moldova declares that, according to Article 18, paragraph 2, of the Constitution, the citizens of the Republic of Moldova shall not be extradited.
Articles concerned : -

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Moldova, dated 10 February 2005, deposited with the instrument of ratification on 10 March 2005 - Or. Engl.

According to Article 10 of the Convention, as amended by Article 6 of the Protocol, the General Prosecutor Office of the Republic of Moldova has been designated as the central authority that is responsible for informing the European Committee on Crime Problems on the application of the European Convention on the Suppression of Terrorism.
Articles concerned : 6


Netherlands

Reservation contained in the instrument of acceptance deposited on 27 July 2006 - Or. Engl.

With due observance of Article 16, paragraph 5, of the Convention, the Kingdom of the Netherlands reserves the right to refuse extradition in respect of any offence mentioned in Article 1, paragraph 1, under a) up to and including h), and Article 1, paragraph 2, insofar as the latter covers any offence mentioned in the first paragraph, under a) up to and including h), of the Convention, which it considers to be a political offence or an offence connected with a political offence.
Articles concerned : 12

Declaration contained in the instrument of acceptance deposited on 27 July 2006 - Or. Engl.

The Kingdom of the Netherlands accepts the Protocol for the Kingdom in Europe and Aruba.
Articles concerned : -

Communication contained in a Note verbale from the Permanent Representation of the Netherlands, dated 27 September 2010, registered at the Secretariat General on 28 September 2010 – Or. Engl.

The Kingdom of the Netherlands currently consists of three parts : the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consists of the islands of Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba.

With effect from 10 October 2010, the Netherlands Antilles will cease to exist as a part of the Kingdom of the Netherlands. From that date onwards, the Kingdom will consist of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten will enjoy internal self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands Antilles do.

These changes constitute a modification of the internal constitutional relations within the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain the subject of international law with which agreements are concluded. The modification of the structure of the Kingdom will therefore not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles: these agreements, including any reservations made, will continue to apply to Curaçao and Sint Maarten.

The other islands that have until now formed part of the Netherlands Antilles – Bonaire, Sint Eustatius and Saba – will become parts of the Netherlands, thus constituting "the Caribbean part of the Netherlands". The agreements that now apply to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements.

In addition, a number of the agreements that currently apply to the Netherlands are hereby declared applicable, from 10 October 2010, to this Caribbean part of the Netherlands. The agreements concerned are listed in the Annex which also includes a declaration – regarding Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto – on the modification of the internal constitutional relations within the Kingdom.

A status report of the agreements that apply to Curaçao, Sint Maarten and/or the Caribbean part of the Netherlands, including any reservations and further declarations, will be supplied in the near future.

Annex – Treaties extended to the Caribbean part of the Netherlands (islands of Bonaire, Sint Eustatius and Saba) as per 10 October 2010

- European Convention on State Immunity (ETS No. 74)
- Additional Protocol to the European Convention on State Immunity (ETS No. 74A)
- European Convention on the Non-Applicability of Statutory Limitation to Crimes against Humanity and War Crimes (ETS No. 82)
- European Convention on the Suppression of Terrorism (ETS No. 90)
- European Agreement on the Transmission of Applications for Legal Aid (ETS No. 92)
- Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108)
- Amendments to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data allowing the European Communities to accede (Strasbourg, 15 June 1999)
- Convention for the Protection of the Architectural Heritage of Europe (ETS No. 121)
- Criminal Law Convention on Corruption (ETS No. 173)
- Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows (ETS No. 181)
- Protocol amending the European Convention on the Suppression of Terrorism (ETS No. 190)
- Additional Protocol to the Criminal Law Convention on Corruption (ETS No. 191)
- Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198).
Period covered: 01/10/2010 -
Articles concerned : -


Portugal

Reservation contained in the instrument of ratification deposited on 25 November 2015 – Or. Engl.

As requested State, Portugal shall not grant extradition for offences punishable in the requesting State with either the death penalty, life imprisonment or detention order involving deprivation of liberty for life.
Articles concerned : -


Russia

Declaration appended to the instrument of ratification deposited on 4 October 2006 - Or. Engl.

The Russian Federation assumes that the provisions of Article 4 of the Protocol shall be applied in such a way as to ensure inevitable liability for the commitment of crimes falling within the scope of the Protocol, without prejudice to effective international co-operation in extradition and legal assistance matters.
Articles concerned : 4


Spain

Declaration handed over by the Ambassador of Spain in Bulgaria to the Secretary General of the Council of Europe at the time of signature of the instrument, on 9 October 2003 - Or. Spa.

In conformity with the Conclusions of the Council of the European Union of 2 October 2003 on the application of the European arrest warrant and its relationship with Council of Europe legal instruments, and as recognised explicitly by the member States of the European Union, Spain declares that Council of Europe legal instruments allow member States of the European Union to apply between themselves pre-existing agreements or conclude new agreements in order to facilitate or simplify even further their procedures for the surrender of individuals.

In conformity with the aforementioned Conclusions, Spain declares that the instruments adopted within the European Union in matters which affect the European Convention on the Suppression of Terrorism and its amending Protocol, constitute a series of agreements or a uniform law which will take precedence as between the member States of the European Union.

In conformity with the aforementioned Conclusions, Spain declares that the series of European Union instruments will continue to take precedence when the present Protocol enters into force.

In conformity with the aforementioned Conclusions, Spain understands that the said instruments adopted within the European Union, which take precedence as between the member States of the European Union, inter alia:

The Agreement of 26 May 1989 between the Member States of the European Communities on the simplification and modernization of methods of transmitting extradition requests,
The Convention of 10 March 1995 drawn up on the basis of article K.3 of the Treaty on European Union, on simplified extradition procedure between the Member States of the European Union (O.J. C 78-30/03/95 et O.J. C 375-12/12/96),
The Convention of 27 September 1996 drawn up on the basis of article K3 of the Treaty on European Union, relating to extradition between the Members States of the European Union (O.J. C313-23/10/96 et O.J. C191-23/07/97),
The Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism (O.J. L 344-28/12/2001) and its modifications,
The Council Common Position of 27 December 2001 on combating terrorism (O.J. L 344-28/12/2001),
The Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (O.J. L 344-28/12/2001), and its modifications,
The Directive 2001/97/EC of the European Parliament and of the Council of 4 December 2001 amending Council Directive 91/308/EEC on prevention of the use of the financial system for the purpose of money laundering (O.J. L 344-28/12/2001),
The Council Decision 2001/927/EC of 27 December 2001 establishing the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (O.J. L 344-28/12/2001), the Council Decision 2002/344/EC (O.J. L116-03/05/2002) and its modifications,
The Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (O.J. L190-18/07/2002),
The Council Framework Decision of 13 June 2002 on combating terrorism (O.J. L190-18/07/2002),
As well as those which will be adopted in the future, in the matters affecting the European Convention on the Suppression of Terrorism,

Will not be affected by the entry into force of the present Protocol.
Articles concerned : -

Declaration contained in the instrument of ratification deposited on 16 October 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 Protocol amending the European Convention on the Suppression of Terrorism.

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.
Articles concerned : -


Ukraine

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

In accordance with Article 3, paragraph 2, of the Protocol amending the European Convention on the Suppression of Terrorism, Ukraine declares that it shall consider the Convention as the legal basis for the cooperation in matters of extradition of offenders in relation with the States Parties in case of unavailability of an international extradition treaty.
Articles concerned : 3

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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