Reservations and Declarations for Treaty No.210 - Council of Europe Convention on preventing and combating violence against women and domestic violence

Declarations in force as of today
Status as of 24/08/2016

Andorra

Reservation contained in instrument of ratification deposited on 22 April 2014 – Or. Fr.

In accordance with Article 78, paragraph 2, of the Convention, Andorra reserves the right not to apply the provisions laid down in Article 30, paragraph 2, of the Convention.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 August 2014 to 1 August 2019.]
Period covered: 01/08/2014 -
Articles concerned : 30, 78


Austria

Objection contained in a Note Verbale from the Permanent Representation of Austria, dated 11 April 2016, registered at the Secretariat General on 13 April 2016 – Or. Engl

The Government of Austria has examined the declaration made by the Republic of Poland upon ratification of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, stating that the Republic of Poland will apply the Convention in accordance with the principles and the provisions of the Constitution of the Republic of Poland.

Austria considers that this declaration amounts to a reservation. According to Article 78 of the Convention, reservations are only permitted with regard to a limited and specified number of Articles. Austria also considers that by referring to the principles and provisions of its constitution, Poland has made a reservation of a general and indeterminate scope which does not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention.

Austria therefore considers this reservation also as incompatible with the object and purpose of the Convention and objects to it.

This objection shall not preclude the entry into force of the Convention between the Republic of Austria and the Republic of Poland.

Period covered: 13/04/2016 -
Articles concerned : -


Belgium

Declaration contained in a Note verbale from the Permanent Representation of Belgium, dated 20 April 2016, registered at the Secretariat General on 25 April 2016 – Or. Fr.

The Kingdom of Belgium declares that the official body designated under Article 10 of the Convention is the Institute for the equality of women and men, Brussels, Belgium.
Period covered: 25/04/2016 -
Articles concerned : 10


Cyprus

Reservation contained in a Note verbale from the Permanent Representation of Cyprus dated 15 June 2015, deposited at the time of the signature of the instrument, on 16 June 2015 – Or. Engl.

In accordance with Article 78, paragraph 2, of the Convention, the Republic of Cyprus reserves the right not to apply the provisions laid down in:

a) Article 30, paragraph 2;
b) Article 44, paragraphs 1.e, 3 and 4;
c) Article 59.

Articles concerned : 30, 44, 59, 78


Czech Republic

Reservation contained in the full powers of signature handed over to the Deputy Secretary General on 2 May 2016 - Or. Engl.

In accordance with Article 78, paragraph 2, of the Convention, the Czech Republic reserves the right not to apply the provisions laid down in Article 44, paragraph 1.e, of the Convention.
Articles concerned : 44, 78


Denmark

Reservation contained in instrument of approval deposited on 23 April 2014 – Or.Engl.

In accordance with Article 78, paragraph 2, of the Convention, Denmark reserves the right not to apply the provisions laid down in Article 44, paragraph 3, in respect of Articles 36, 37 and 39 of the Convention.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 August 2014 to 1 August 2019.]
Period covered: 01/08/2014 -
Articles concerned : 44, 78

Reservation contained in instrument of approval deposited on 23 April 2014 – Or.Engl.

In accordance with Article 78, paragraph 3, of the Convention, Denmark reserves the right to provide for non-criminal sanctions, instead of criminal sanctions, for the behaviours referred to in Article 34 of the Convention.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 August 2014 to 1 August 2019.]
Period covered: 01/08/2014 -
Articles concerned : 34, 78

Declaration contained in instrument of approval deposited on 23 April 2014 – Or.Engl.

In accordance with Article 77 of the Convention, Denmark declares that, until further notice, the Convention shall not apply to Greenland and the Faroe Islands.
Period covered: 01/08/2014 -
Articles concerned : 77


Finland

Reservation contained in the instrument of acceptance deposited on 17 April 2015 – Or. Engl.

Pursuant to Article 78, paragraph 2, of the Convention, the Government of the Republic of Finland declares that Finland reserves the right not to apply Article 55, paragraph 1, to petty assault when the offence is committed against a person other than the person referred to in Chapter 21, Section 16, subsection 1, of the Criminal Code of Finland.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 August 2015 to 1 August 2020.]
Period covered: 01/08/2015 -
Articles concerned : 55, 78

Objection contained in a Note Verbale from the Permanent Representation of Finland, dated 26 April 2016, registered at the Secretariat General on 29 April 2016 – Or. Engl.

The Government of Finland has carefully examined the contents of the declaration made by the Republic of Poland concerning the Council of Europe Convention on preventing and combating violence against women and domestic violence according to which the Republic of Poland will apply the Convention in accordance with the principles and provisions of the Constitution of the Republic of Poland. The Government of Finland notes that the declaration seems to constitute a reservation as it limits the scope of the application of the Convention. This declaration/reservation seems to be incompatible with Article 78 according to which no reservation may be made in respect of any provision of the Convention with a limited number of exceptions provided for by that Article.

Furthermore, a reservation which consists of a general reference to national law without specifying its contents does not clearly define for the other Parties of the Convention the extent to which the Republic of Poland commits itself to the Convention and therefore may raise doubts as to the commitment of the Republic of Poland to fulfil its obligations under the Convention. Such a reservation is also subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.

In its present formulation, the declaration/reservation made by the Republic of Poland seems to be incompatible with both Article 78 and the object and purpose of the Convention. According to Article 19 of the Vienna Convention on the Law of the Treaties, such reservations shall not be permitted.

Therefore, the Government of Finland objects to the aforesaid declaration/reservation made by the Republic of Poland. This objection does not preclude the entry into force of the Convention between Finland and the Republic of Poland. The Convention will thus become operative between the two States without the Republic of Poland benefitting from this reservation.
Period covered: 29/04/2016 -
Articles concerned : -


France

Reservation contained in the instrument of approval deposited on 4 July 2014 - Or. Fr.

In accordance with Article 78, paragraph 2, of the Convention, France declares that it will apply the provisions laid down in Article 44, paragraphs 1.e, 3 and 4, only in specific cases or conditions.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 November 2014 to 1 November 2019.]
Period covered: 01/11/2014 -
Articles concerned : 44, 78

Reservation contained in the instrument of approval deposited on 4 July 2014 - Or. Fr.

In accordance with Article 78, paragraph 2, of the Convention, France declares that it will apply the provisions laid down in Article 58 to the offences established in accordance with Articles 37, 38 and 39, in all cases where these offences are qualified as crimes by French Law and in specific cases or conditions where these offences are qualified as torts (délits) by French Law.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 November 2014 to 1 November 2019.]
Period covered: 01/11/2014 -
Articles concerned : 37, 38, 39, 58, 78

Declaration contained in a Note verbale from the Permanent Representation of France, dated 12 August 2015, registered at the Secretariat General on 18 August 2015 – Or. Fr.

Competent authority as regards to Article 10 of the Convention:
Directorate General of Social Cohesion, Ministry of Health, Social Affairs and Women's Rights.
Period covered: 18/08/2015 -
Articles concerned : 10


Germany

Reservation handed over by the State Secretary for Foreign Affairs of Germany to the Secretary General of the Council of Europe at the time of signature of the instrument, on 11 May 2011 - Or. Engl.

In accordance with Article 78, paragraph 2, of the Convention, the Federal Republic of Germany reserves the right not to apply the provisions laid down in Article 59, paragraphs 2 and 3, of the Convention.
Articles concerned : 59, 78


Latvia

Reservation contained in a Declaration from the Prime Minister of Latvia, dated 17 May 2016, handed over to the Deputy Secretary General at the time of signature of the instrument on 18 May 2016 - Or. Engl.

In accordance with Article 78, paragraph 2, of the Convention, the Republic of Latvia declares that it reserves the right not to apply Article 55, paragraph 1, in respect of Article 35 regarding minor offences.
Articles concerned : 35, 55, 78

Declaration contained in a Declaration from the Prime Minister of Latvia, dated 17 May 2016, handed over to the Deputy Secretary General at the time of signature of the instrument on 18 May 2016 - Or. Engl.

The Republic of Latvia declares that it will apply the Convention in conformity with the principles and provisions of the Constitution of the Republic of Latvia.
Articles concerned : 0, 78


Lithuania

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs from Lithuania, dated 6 June 2013, handed over to the Secretary General at the time of signature of the Instrument, on 7 June 2013- Or. Engl.

The Republic of Lithuania declares that it will apply the Convention in conformity with the principles and the provisions of the Constitution of the Republic of Lithuania.
Articles concerned : -


Malta

Reservation contained in a Note verbale from the Permanent Representation of Malta, handed over at the time of signature of the instrument on 21 May 2012 - Or. Engl., and confirmed in the instrument of ratification deposited on 29 July 2014 - Or. Engl.

At this stage, Malta reserves the right not to apply Article 30(2) of the Convention and to continue to apply its current legislation in so far as State compensation is concerned.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 November 2014 to 1 November 2019.]
Period covered: 01/11/2014 -
Articles concerned : 30, 78

Reservation contained in a Note verbale from the Permanent Representation of Malta, handed over at the time of signature of the instrument on 21 May 2012 - Or. Engl., and confirmed in the instrument of ratification deposited on 29 July 2014 - Or. Engl.

Malta reserves the right not to apply Article 44(1)(e) and to establish jurisdiction when the offense is committed by a person holding permanent residence in terms of Article 7 of the Immigration Act.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 November 2014 to 1 November 2019.]
Period covered: 01/11/2014 -
Articles concerned : 44, 78

Reservation contained in a Note verbale from the Permanent Representation of Malta, handed over at the time of signature of the instrument on 21 May 2012 - Or. Engl., and confirmed in the instrument of ratification deposited on 29 July 2014 - Or. Engl.

At this stage, Malta reserves the right not to apply Article 59 and to continue to apply its current legislation in so far as the residence status of victims of violence whose residence status depends on that of the spouse or partner are concerned.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 November 2014 to 1 November 2019.]
Period covered: 01/11/2014 -
Articles concerned : 59, 78


Monaco

Reservation accompanying the instrument of ratification deposited on 7 October 2014 – Or. Fr.

In accordance with Article 78, paragraph 2, of the Convention, the Principality of Monaco reserves the right not to apply, in whole or in part, the jurisdiction rules established in Article 44, paragraphs 1.e, 3 and 4, of the Convention.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 February 2015 to 1 February 2020.]
Period covered: 01/02/2015 -
Articles concerned : 44, 78

Reservation accompanying the instrument of ratification deposited on 7 October 2014 – Or. Fr.

In accordance with Article 78, paragraph 2, of the Convention, the Principality of Monaco reserves the right not to apply, in whole or in part, the provisions of Article 59 of the Convention.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 February 2015 to 1 February 2020.]
Period covered: 01/02/2015 -
Articles concerned : 59, 78

Reservation accompanying the instrument of ratification deposited on 7 October 2014 – Or. Fr.

In accordance with Article 78, paragraph 2, of the Convention, the Principality of Monaco reserves the right not to apply Article 30 paragraph 2, of the Convention and to continue to apply its current legislation in so far as State compensation is concerned.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 February 2015 to 1 February 2020.]
Period covered: 01/02/2015 -
Articles concerned : 30, 78


Netherlands

Declaration contained in the instrument of acceptance deposited on 18 November 2015 – Or. Engl.

The Kingdom of the Netherlands accepts the Convention for the European part of the Netherlands.
Period covered: 01/03/2016 -
Articles concerned : 75

Objection contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 28 April 2016, registered at the Secretariat General on 29 April 2016 – Or. Engl.

The Government of the Kingdom of the Netherlands has carefully examined the declaration made by the Government of the Republic of Poland with respect to the Council of Europe Convention on preventing and combating violence against women and domestic violence.

The Government of the Kingdom of the Netherlands notes that in this declaration the Republic of Poland subjects’ application of the Convention to the principles and the provisions of the Constitution of the Republic of Poland, which in fact amounts to a reservation.

The Government of the Kingdom of the Netherlands considers that such a reservation, which seeks to limit the responsibilities of the reserving State under the Convention by general reference to national law, raises doubts as to the commitment of that State to the object and purpose of the Convention.

The Government of the Kingdom of the Netherlands further recalls that according to Article 78, paragraph 1, of the Convention, reservations are only permitted with regard to a limited and specified number of Articles. The Government of the Kingdom of the Netherlands therefore objects to this reservation.

This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and the Republic of Poland.
Period covered: 29/04/2016 -
Articles concerned : -


Poland

Reservation handed over to the Deputy Secretary General at the time of signature of the Instrument on 18 December 2012 - Or. Engl. - and confirmed in the instrument of ratification deposited on 27 April 2015 – Or. Engl.

In accordance with Article 78, paragraph 2, the Republic of Poland reserves hereby that Article 30, paragraph 2, of the Convention shall be applied solely in regard of victims who are citizens of the Republic of Poland or the European Union and in accordance with a procedure provided for by national law.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 August 2015 to 1 August 2020.]
Period covered: 01/08/2015 -
Articles concerned : 30, 78

Reservation handed over to the Deputy Secretary General at the time of signature of the Instrument on 18 December 2012 - Or. Engl. and confirmed in the instrument of ratification deposited on 27 April 2015 – Or. Engl.

In accordance with Article 78, paragraph 2, the Republic of Poland reserves the right not to apply the Convention when the offence is committed by a person whose habitual residences is the Republic of Poland.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 August 2015 to 1 August 2020.]
Period covered: 01/08/2015 -
Articles concerned : 44, 78

Declaration handed over to the Deputy Secretary General at the time of signature of the Instrument on 18 December 2012 - Or. Engl. and confirmed in the instrument of ratification deposited on 27 April 2015 – Or. Engl.

The Republic of Poland declares that it will apply the Convention in accordance with the principles and the provisions of the Constitution of the Republic of Poland.
Period covered: 01/08/2015 -
Articles concerned : 0, 78

Reservation contained in the instrument of ratification deposited on 27 April 2015 – Or. Engl.

In accordance with Article 78, paragraph 2, the Republic of Poland reserves hereby that Article 55, paragraph 1, of the Convention shall not be applied in respect of Article 35 regarding minor offences.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 August 2015 to 1 August 2020.]
Period covered: 01/08/2015 -
Articles concerned : 18

Reservation contained in the instrument of ratification deposited on 27 April 2015 – Or. Engl.

In accordance with Article 78, paragraph 2, the Republic of Poland reserves hereby that Article 58 of the Convention shall not be applied in respect of Articles 37, 38 and 39 of the Convention.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 August 2015 to 1 August 2020.]
Period covered: 01/08/2015 -
Articles concerned : 35, 55, 78

Declaration contained in the instrument of ratification deposited on 27 April 2015 – Or. Engl.

The Republic of Poland recognises the need to interpret Article 18, paragraph 5, of the Convention, in accordance with international agreements to which it is a Party and directly applicable normative acts of international organisations, to which the Republic of Poland submitted the competence of the state authority in some cases. Accordingly, the Republic of Poland shall provide consular protection only to Polish citizens and these national of the Member States of the European Union, which do not have access to diplomatic or consular post in the territory of a third country, on such terms as Polish citizens. Furthermore, in accordance with the universally accepted principles of international law, the Republic of Poland does not grant consular protection to nationals of the host state. The consul of the Republic of Poland can take actions of consular protection only by the measures provided for by international law on consular relations.
Period covered: 01/08/2015 -
Articles concerned : 37, 38, 39, 58, 78


Romania

Reservation contained in the instrument of ratification deposited on 23 May 2016 - Or. Engl.

In accordance with Article 78, paragraphs 1 and 2, of the Convention, Romania reserves the right not to apply or to apply only in specific cases or conditions the provisions laid down in:

- Article 30, paragraph 2;
- Article 44, paragraphs 1.e, 3 and 4;
- Article 55, paragraph 1, in respect of Article 35 regarding minor offences;
- Article 59.
Period covered: 01/09/2016 -
Articles concerned : 30, 44, 55, 59, 78

Reservation contained in the instrument of ratification deposited on 23 May 2016 - Or. Engl.

In accordance with Article 78, paragraphs 1 and 3, of the Convention, Romania reserves the right to provide for non-criminal sanctions, instead of criminal sanctions, for the behaviors referred into Articles 33 and 34.
Period covered: 01/09/2016 -
Articles concerned : 33, 34, 78


Serbia

Reservation contained in the full power of signature deposited on 4 April 2012 - Or. Engl. and confirmed in a Note Verbale from the Minister of Foreign Affairs of Serbia deposited simultaneously with the instrument of ratification on 21 November 2013 - Or. Engl.

In accordance with Article 78, paragraph 2, subparagraphs 1 and 2, of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, the Republic of Serbia reserves the right not to apply the provisions under Article 30, paragraph 2, and Article 44, paragraph 1.e, 3 and 4, of the Convention pending the alignment of its national criminal legislation with the said provisions of the Convention.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 August 2014 to 1 August 2019.]
Period covered: 01/08/2014 -
Articles concerned : 30, 44, 78


Slovenia

Reservation contained in the instrument of ratification as supplemented by a Note verbale from the Permanent Representation of Slovenia, deposited simultaneously on 5 February 2015 – Or. Engl.

In accordance with Article 78, paragraph 2, of the Convention, the Republic of Slovenia declares that it reserves the right not to apply the provisions laid down in

– Article 30, paragraph 2;
– Article 44, paragraphs 1.e, 3 and 4;
– Article 55, paragraph 1 in respect of Article 35 regarding minor offences;
– Article 58 in respect of Articles 37, 38 and 39, and
– Article 59.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 June 2015 to 1 June 2020.]
Period covered: 01/06/2015 -
Articles concerned : 30, 35, 37, 38, 39, 44, 55, 58, 59, 78


Spain

Declarations contained in the instrument of ratification deposited on 10 April 2014 - Or. Fr.

In the event that this Convention 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 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 the provisions of the two previous paragraphs.

4. The process provided for by the Arrangements relating to Gibraltar authorities in the context of certain international treaties (2007) 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 this Convention on preventing and combating violence against women and domestic violence, signed ad referendum by Spain on 11 May 2011.

5. The application of the Convention 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.
Period covered: 01/08/2014 -
Articles concerned : -

Declaration contained in the instrument of ratification deposited on 10 April 2014 - Or. Fr.

Spain will make the necessary changes to its domestic legislation in order for the Convention to be applied in its entirety.
Period covered: 01/08/2014 -
Articles concerned : -


Sweden

Reservation contained in the instrument of ratification deposited on 1 July 2014 - Or. Engl.

In accordance with Article 78, paragraph 2, of the Convention, Sweden reserves the right not to apply the provisions laid down in Article 44, paragraph 3, and Article 58 of the Convention.

[Note by the Secretariat : Period of validity of the reservation (Article 79 of the Convention): from 1 November 2014 to 1 November 2019.]
Period covered: 01/11/2014 -
Articles concerned : 44, 58, 78

Objection contained in a Note Verbale from the Ministry for Foreign Affairs of Sweden, dated 15 February 2016, registered at the Secretariat General on 3 March 2016 – Or. Engl.

The Government of Sweden has examined the contents of the declaration made by the Republic of Poland upon ratification of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, by which the Republic of Poland will apply the Convention in accordance with the principles and the provisions of the Constitution of the Republic of Poland.

Sweden considers that this declaration in fact amounts to a reservation.

According to Article 78 of the Convention, reservations are only permitted to a limited and specified number of Articles. The declaration made by the Republic of Poland goes beyond what is permitted under the Convention.

In addition, Sweden would like state the following. Reservations by which a State Party limits its responsibilities under the Convention by not considering itself bound by certain articles and by invoking general references to national or religious law may cast doubts on the commitments of the reserving state to the object and purpose of the Convention and, moreover, contribute to undermining the basis of international treaty law.

It is in the common interest of states that treaties to which they have chosen to become parties also are respected, as to object and purpose, by all parties.

For these reasons the Government of Sweden therefore objects to the aforementioned declaration.

This objection shall not preclude the entry into force of the Convention between Sweden and the Republic of Poland, without the Republic of Poland benefitting from its aforementioned declaration.


Period covered: 03/03/2016 -
Articles concerned : -


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