Reservations and Declarations for Treaty No.024 - European Convention on Extradition

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 23/10/2017

Netherlands

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 13 February 1969, handed to the Secretary General at the time of deposit of the instrument of ratification, on 14 February 1969 - Or. Fr.

The Netherlands Government will not grant extradition of its own nationals. As regards the Netherlands, "nationals" for the purposes of the Convention are to be understood as meaning persons of Netherlands nationality as well as foreigners integrated into the Netherlands community insofar as they can be prosecuted within the Netherlands for the act in respect of which extradition is requested.
Period covered: 15/05/1969 - 15/10/1987
Articles concerned : 6

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 13 February 1969, handed to the Secretary General at the time of deposit of the instrument of ratification, on 14 February 1969 - Or. Fr.

The Netherlands Government will not grant transit of its own nationals. As regards the Netherlands, "nationals" for the purposes of the Convention are to be understood as meaning persons of Netherlands nationality as well as foreigners integrated into the Netherlands community insofar as they can be prosecuted within the Netherlands for the act in respect of which extradition is requested.
Period covered: 15/05/1969 - 15/10/1987
Articles concerned : 21

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 13 February 1969, handed to the Secretary General at the time of deposit of the instrument of ratification, on 14 February 1969 - Or. Fr.

The Netherlands Government will not grant temporary extradition under Article 19 (2) save of a person who is serving a sentence in its territory and if necessitated by special circumstances.
Period covered: 15/05/1969 -
Articles concerned : 19

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 13 February 1969, handed to the Secretary General at the time of deposit of the instrument of ratification, on 14 February 1969 - Or. Fr.

The Netherlands Government reserves the right not to grant transit except on the same conditions on which it grants extradition.
Period covered: 15/05/1969 - 15/10/1987
Articles concerned : 21

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 14 October 1987, registered at the Secretariat General on 15 October 1987 - Or. Engl. - and completed by a Note Verbale from the Permanent Representation of the Netherlands, dated 12 December 1994, registered at the Secretariat General on 15 December 1994 - Or. Engl.

The Government of the Kingdom of the Netherlands will not permit the transit of Netherlands nationals nor their extradition for the purposes of the enforcement of penalties or other measures.

However, Netherlands nationals may be extradited for purposes of prosecution if the requesting State provides a guarantee that the person claimed may be returned to the Netherlands to serve his sentence there if, following his extradition, a custodial sentence other than a suspended sentence or a measure depriving him of his liberty is imposed upon him.

As regards the Kingdom of the Netherlands, "nationals" for the purpose of the Convention are to be understood as meaning persons of Netherlands nationality as well as foreigners integrated into the Netherlands community insofar as they can be prosecuted within the Kingdom of the Netherlands for the act in respect of which extradition is requested and insofar as such foreigners are not expected to lose their right of residence in the Kingdom as a result of the imposition of a penalty or measure subsequent to their extradition.

The present declaration will enter into force on 1 January 1988.

Note from the Secretariat: the declaration dated 12 December 1994 read as follows:

"For the sake of clearness, the following clause is added to the declaration made on 15 October 1987:

(... is requested) and in so far as such foreigners are not expected to lose their right of residence in the Kingdom as a result of the imposition of a penalty or measure subsequent to their extradition."
Period covered: 01/01/1988 -
Articles concerned : 21, 6

Declaration contained in a Note verbale from the Permanent Representation of the Netherlands, dated 31 August 2005, registered at the Secretariat General on 5 September 2005 - Or. Engl./Fr.

On 13 June 2002, the Council of the European Union adopted a framework decision on the European arrest warrant and surrender procedures between Member States (no. 2002/584/JHA) ("the Framework Decision"). Article 31 of the Framework Decision provides that from 1 January 2004 the Framework Decision will replace the corresponding provisions of the relevant extradition conventions applicable in the field of extradition in relations between the Member States.

The Permanent Representation of the Kingdom of the Netherlands therefore has the honour to inform the Secretary General of the Council of Europe that pursuant to Article 28, paragraph 3, of the Convention on Extradition, the Convention shall no longer be applied in relations between the European part of the Kingdom of the Netherlands and the Member States of the European Union that are a Party to the Convention.

The Permanent Representation of the Kingdom of the Netherlands would emphasise that the above does not alter the application of the Convention in relations between :

– the Netherlands Antilles and Aruba and the Parties to the Convention, or
– the European part of the Kingdom and the Parties to the Convention that are not Member States of the European Union.

[Note by the Secretariat: As of 10 October 2010, the term "the Netherlands Antilles" should be read as "Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba)" – see the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom. ]
Period covered: 05/09/2005 -
Articles concerned : 28

Declaration transmitted by a Note verbale from the Permanent Representation of the Netherlands, dated 4 January 2012, registered at the Secretariat General on 9 January 2012 - Or. Engl., supplemented by a Note verbale from the Permanent Representation of the Netherlands, dated 27 June 2013, registered at the Secretariat General on 28 June 2013 - Or. Engl.

The reservations and declarations as made by the Kingdom of the Netherlands on 14 February 1969 and, as amended, on 15 October 1987 apply to Aruba and, as succeeding to the Netherlands Antilles, to Curaçao, Sint Maarten and the Caribbean part of the Nertherlands (the islands of Bonaire, Sint Eustatius and Saba) in their relations with the States with which notes were exchanged on the extension of the Convention :

Sweden – on 8 July 1993 and 29 July 1993
Liechtenstein – on 30 June 1993 and 29 September 1993
Switzerland – on 20 October 1993 and 28 October 1993
Luxembourg – on 20 September 1993 and 22 November 1993
France – on 30 July 1993 and 22 November 1993
Italy – on 8 June 1993 and 21 December 1993
Turkey – on 19 January 1994 and 3 February 1994
Denmark – on 20 January 1994 and 4 February 1994
Norway – on 26 January 1994 and 18 February 1994
Cyprus – on 3 August 1993 and 3 March 1994
Czech Republic – on 20 July 1993 and 21 February 1994
Greece – on 21 September 1993 and 16 June 1994
Slovakia – on 20 July 1993 and 30 June 1994
Iceland – on 26 January 1994 and 22 July 1994
Austria – on 22 July 1994 and 28 July 1994
Spain – on 11 November 1993 and 24 November 1994
United Kingdom of Great Britain and Northern Ireland, – on 8 November 1994 and 4 November 1994
Israel – on 28 February 1994 and 31 July 1995
Portugal – on 6 July 1995 and 29 August 1995
Croatia – on 16 October 1995 and 12 February 1996
Slovenia – on 7 March 1996 and 13 March 1996
Hungary – on 28 March 1996 and 2 April 1996
Finland – on 5 February 1996 and 4 July 1996
Lithuania – on 9 January 1996 and 16 July 1996
Bulgaria – on 29 March 1996 and 17 July 1996
Malta – on 2 April 1997 and 17 April 1997
Estonia – on 24 June 1997 and 17 July 1997
Ukraine – on 13 October 1999 and 22 October 1999
Republic of Moldova – on 7 May 1999 and 2 November 1999
Romania – on 16 June 1999 and 27 March 2000
Ireland – on 27 July 1995 and 4 December 2000
Albania – on 26 March 1999 and 18 December 2000
Germany – on 10 December 2001 and 22 January 2002

[Note by the Secretariat: This Declaration supplements the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom as of 10 October 2010.]
Period covered: 10/10/2010 -
Articles concerned : 27

Declaration transmitted by a Note verbale from the Permanent Representation of the Netherlands, dated 4 January 2012, registered at the Secretariat General on 9 January 2012 - Or. Engl.

Having regard to the relations existing in public law between the European part of the Netherlands, Aruba, Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), the term "metropolitan territories", used in paragraph 1 of Article 27 of the present Convention, no longer has its original sense in relation to the Kingdom of the Netherlands and consequently shall be deemed to signify, so far as it concerns the Kingdom, "European territory".

[Note by the Secretariat: This Declaration supplements the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom as of 10 October 2010.]
Period covered: 10/10/2010 -
Articles concerned : 27


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