Reservations and Declarations for Treaty No.197 - Council of Europe Convention on Action against Trafficking in Human Beings

Declarations in force as of today
Status as of 13/02/2016

Azerbaijan

Declarations contained in the instrument of ratification deposited on 23 June 2010 - Or. Engl.

The Republic of Azerbaijan declares that the rights and obligations set out in the provisions of the Convention shall not be applied by the Republic of Azerbaijan in respect of Armenia.

The Republic of Azerbaijan declares that it is unable to guarantee the implementation of the provisions of the Convention in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of these territories from the occupation and complete elimination of the consequences of that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is available here).
Period covered: 01/10/2010 -
Articles concerned : -


Denmark

Reservation contained in a letter from the Minister of Foreign Affairs of Denmark deposited with the instrument of ratification, on 19 September 2007 - Or. Engl.

In accordance with Article 31, paragraph 2, of the Convention, Denmark reserves the right not to apply Article 31, paragraph 1.e, of the Convention.
Period covered: 01/02/2008 -
Articles concerned : 31

Declaration contained in the instrument of ratification deposited on 19 September 2007 - Or. Fr.

Denmark declares that the Convention shall not apply to the Faroe Islands and Greenland until further decision.
Period covered: 01/02/2008 -
Articles concerned : 44


Estonia

Reservation contained in theinstrument of ratification deposited on 5 February 2015 – Or. Engl.

According to Article 31, paragraph 2, of the Convention, the Republic of Estonia reserves the right not to apply Article 31, paragraphs 1.d and e, of the Convention.
Period covered: 01/06/2015 -
Articles concerned : 31


Finland

Reservation contained in the instrument of acceptance deposited on 30 May 2012 - Or. Engl.

Pursuant to Article 31, paragraph 2 of the Convention, the Republic of Finland declares that Finland will apply Article 31, paragraph 1 (d) when the offence is committed outside of the territorial jurisdiction of any State only if the offence is punishable under Finnish criminal law by imprisonment for more than six months; and Article 31, paragraph 1(e) only if the offence is punishable under Finnish criminal law by imprisonment for more than six months and if the offence is also punishable under criminal law where it was committed and it could have been punished also by a court of law in the foreign State.
Period covered: 01/09/2012 -
Articles concerned : 31


France

Reservation contained in the instrument of ratification deposited on 9 January 2008 - Or. Fr.

In accordance with Article 31, paragraph 2, of the Convention, the French Government declares that it will establish its jurisdiction on offences established in accordance with Article 20 of this Convention and committed by its nationals outside the territory of the French Republic, only if the offences are also punishable under the legislation of the State where they have been committed, and if these offences are also the subject either of a complaint from the victim or his/her beneficiaries, or of an official denunciation from the authorities of the country where they have been committed.
Period covered: 01/05/2008 -
Articles concerned : 20, 31

Reservation contained in the instrument of ratification deposited on 9 January 2008 - Or. Fr.

In accordance with Article 31, paragraph 2, of the Convention, the French Government declares that it will establish its jurisdiction on offences established by this Convention and committed against one of its nationals outside the territory of the French Republic, only if the offences are the subject either of a complaint from the victim or of an official denunciation by the authorities of the country where they have been committed.
Period covered: 01/05/2008 -
Articles concerned : 31


Georgia

Declaration contained in the instrument of ratification deposited on 14 March 2007 - Or. Engl.

Georgia declares that, until the restoration of the territorial integrity of Georgia, the Convention shall apply on the part of the territory of Georgia where Georgia exercises its full jurisdiction.
Period covered: 01/02/2008 -
Articles concerned : -


Germany

Reservation contained in a letter from the Permanent Representative of Germany, dated 17 December 2012, deposited with the instrument of ratification on 19 December 2012 – Or. Ger./Engl.

The Federal Republic of Germany reserves the right to apply the jurisdiction rules laid down in Article 31, paragraph 1(d), to offences under Article 20 of the Convention only in such cases in wich the offender is found on the territory of the Federal Republic of Germany and is not extradited - provided those offences do not also, under German criminal law, constitute participation in an offence defined in Article 4 in conjunction with Article 18 of the Convention.
Period covered: 01/04/2013 -
Articles concerned : 31


Latvia

Reservation contained in the instrument of ratification deposited on 6 March 2008 - Or. Engl.

In accordance with Article 31, paragraph 2, of the Convention, the Republic of Latvia declares that it reserves the right not to apply the jurisdiction rules laid down in paragraphs 1 (d) and (e).
Period covered: 01/07/2008 -
Articles concerned : 31


Malta

Reservation contained in the instrument of ratification deposited on 30 January 2008 - Or. Engl.

Regarding Article 31, paragraph 1, of the Convention, Malta declares that it will apply the jurisdiction rules set out in sub-paragraph (d) only when the offence is committed by one of its nationals. Malta declares that it will not apply the jurisdiction rules set out in sub-paragraph (e) of this article.
Period covered: 01/05/2008 -
Articles concerned : 31


Moldova

Declaration contained in the instrument of ratification deposited on 19 May 2006 - Or. angl.

Moldova declares that, until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Convention shall be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.
Period covered: 01/02/2008 -
Articles concerned : -


Monaco

Reservation handed over to the Deputy Secretary General at the time of signature of the instrument and deposit of the instrument of ratification, on 30 November 2015 – Or. Fr.

Pursuant to paragraph 2 of Article 31 of the Convention, the Principality of Monaco declares that it reserves the right not to apply the jurisdiction rules laid down in paragraphs 1 d) and 1 e) Article 31 of the Convention.
Period covered: 01/03/2016 -
Articles concerned : 31


Netherlands

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

In accordance with the provisions of Article 44, paragraph 2, of the Convention, the Kingdom of the Netherlands declares that it accepts the said Convention for the Kingdom in Europe.
Period covered: 01/08/2010 -
Articles concerned : 44

Declaration contained in a Declaration of territorial application from the Minister of Foreign Affairs of the Netherlands dated 19 December 2014, registered at the Secretariat General on 23 January 2015 – Or. Engl.

The Kingdom of the Netherlands accepts the Convention for Aruba.
Period covered: 01/05/2015 -
Articles concerned : 44


Poland

Declaration contained in the instrument of ratification deposited on 17 November 2008 - Or. Engl.

The Government of the Republic of Poland notes hereby that the effective realisation of the Parties' obligations resulting from Article 25 of the Convention requires establishing effective international legal and technical mechanisms concerning the exchange of information on sentences passed by another Party, in relation to offences established in accordance with the Convention.
Period covered: 01/03/2009 -
Articles concerned : 25

Reservation contained in the instrument of ratification deposited on 17 November 2008 - Or. Engl.

Pursuant to Article 31, paragraph 2, of the Council of Europe Convention on Action Against Trafficking in Human Beings, the Government of the Republic of Poland reserves hereby that, in reference to Article 31, paragraph 1, letter d, of the Convention, jurisdiction over any offence established in accordance with the Convention, when the offence is committed by a stateless person who has his or her habitual residence on the territory of the Republic of Poland, shall be established in respect to any offence punishable by penalty exceeding two years of deprivation of liberty in accordance with the Polish penal law, when the offender is present on the territory of the Republic of Poland and when no decision on his or her extradition has been taken.
Period covered: 01/03/2009 -
Articles concerned : 31


Portugal

Reservation contained in the instrument of ratification deposited on 27 February 2008 - Or. Engl.

The Portuguese Republic declares that, with regard to the provisions contained in Article 31, paragraph 1, sub-paragraphs d) and e), of the Convention, it reserves the right not to apply the provisions thereof established, considering that the Portuguese criminal law establishes more rigorous and encompassing jurisdiction rules than the ones established in the said provisions of Article 31.
Period covered: 01/06/2008 -
Articles concerned : 31


Slovenia

Reservation contained in the instrument of ratification deposited on 3 September 2009 – Or. Engl.

Pursuant to Article 31, paragraph 2, of the Convention, the Republic of Slovenia declares that it reserves the right not to apply the jurisdiction rule laid down in Article 31, paragraph 1 (d), given that it cannot ensure the criminal prosecution of a stateless person who has his or her habitual residence in its territory, if the offence is committed outside the territorial jurisdiction of any State.
Period covered: 01/01/2010 -
Articles concerned : 31


Spain

Declaration contained in a Note Verbale from the Permanent Representation of Spain deposited with the instrument of ratification on 2 April 2009 – Or. Fr.

If the Council of Europe Convention on action against trafficking in human beings were to be applied 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 character 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, the eventual participation of the Gibraltarian authorities in the application of this Convention will be understood as carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way what was established in the two previous paragraphs.
Period covered: 01/08/2009 -
Articles concerned : -


Sweden

Reservation contained in the instrument of ratification deposited on 31 May 2010 - Or. Engl.

In accordance with Article 31, paragraphs 1.e and 2, of the Convention, Sweden declares that it reserves the right not to apply or to apply only in specific cases or conditions the jurisdiction rules solely on the basis that an offence established in accordance with this Convention is committed against a Swedish national.
Period covered: 01/09/2010 -
Articles concerned : 31


Switzerland

Reservation contained in the instrument of ratification deposited on 17 December 2012 - Or. Engl.

Pursuant to Article 45 of the Convention, Switzerland reserves the right not to apply Article 31, paragraph 1.d, to stateless persons.
Period covered: 01/04/2013 -
Articles concerned : 31


The former Yugoslav Republic of Macedonia

Reservation contained in the instrument of ratification deposited on 27 May 2009 – Or. Engl.

In accordance with Article 31, paragraph 2, of the Convention, the Republic of Macedonia declares that it reserves the right to apply Article 31, paragraphs 1.d and 1.e, of the Convention in compliance with the conditions set forth in the Criminal Code of the Republic of Macedonia.
Period covered: 01/09/2009 -
Articles concerned : 31


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

Reservation contained in the instrument of ratification deposited on 17 December 2008 - Or. Engl.

In accordance with Article 31, paragraph 2, of the Convention, the United Kingdom reserves the right not to apply Article 31, paragraph 1.d or 1.e, of the Convention.
Period covered: 01/04/2009 -
Articles concerned : 31


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