Reservations and Declarations for Treaty No.182 - Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Nature of declaration : Territorial Applications
Status as of 19/08/2019

Spain

Declaration contained in a Note verbale from the Permanent Representation of Spain handed over to the Deputy Secretary General of the Council of Europe at the time of the signature of the instrument, on 9 October 2015 - Or. Fr. and confirmed in the instrument of ratification deposited on 26 March 2018 - Or. Fr.

The Permanent Representation of the Kingdom of Spain has the honour to communicate that, in the event that the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters were to be extended to Gibraltar by the United Kingdom, 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 of which the mentioned non-autonomous territory is dependent.

3. As a result, any participation of the Gibraltarian authorities in the application of this Protocol 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.

4. The procedure foreseen in the "Arrangements relating to Gibraltar authorities in the context of certain international treaties" which were adopted by Spain and the United Kingdom on 19 December 2007, as well as 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 Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters.

5. The application of the 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 Crowns of Spain and of the United Kingdom.
Period covered: 01/07/2018 -
Articles concerned : -


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