Reservations and Declarations for Treaty No.213 - Protocol No. 15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms
Nature of declaration : Declarations, Denunciations, Derogations
Status as of 26/01/2021
SpainDeclaration contained in the instrument of ratification deposited on 20 September 2018 - Or. Fr.
The Permanent Representation of Spain to the Council of Europe has the honour to communicate that if the Protocol No. 15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms (CETS No. 213) 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 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 process provided for by the 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 this Protocol No. 15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms.
5. The application of this 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.
Articles concerned : -