Reservations and Declarations for Treaty No.216 - Council of Europe Convention against Trafficking in Human Organs

Declarations in force as of today
Status as of 19/08/2018

Czech Republic

Reservation handed over to the Secretary General of the Council of Europe at the time of signature of the instrument, on 25 March 2015 – Or. Engl. and confirmed in the instrument of ratification deposited on 21 September 2017 – Or. Engl.

In accordance with Article 30, paragraph 2, of the Convention, the Czech Republic reserves the right to apply the Article 5 of the Convention in case of organs removed from a deceased person only to conduct committed with the aim to enrich oneself or other.
Period covered: 01/03/2018 -
Articles concerned : 30, 5

Reservation contained in the instrument of ratification deposited on 21 September 2017 – Or. Engl.

In accordance with Article 4, paragraph 2, of the Convention, the Czech Republic reserves the right not to apply paragraph 1.a of this Article to the removal of human organs from living donors, in exceptional cases, when the consent of the donor is not needed.

There is in force Section 4 of the Act No. 258/2002 Coll., on the donation, removals and transplantations of tissues and organs and on the amending of certain Acts, in the Czech Republic. The first paragraph of this provision states that solely renewable tissues may be removed from donors who are minors, persons with limited legal capacity or fully legally incapacitated persons or persons who gave their consent to the removal, but with regard to their health condition it is reasonable to assume that despite receiving due instructions they did not consider or could not consider all consequences of removal of renewable tissues for their own health (hereinafter “person unable to express consent”), unless provided otherwise further, and only if:

a) there is no other donor who could give his explicit and concrete consent,
b) the recipient is a sibling of the donor,
c) donation constitutes an option of rescuing the recipient’s life,
d) legal representative of the donor who is a minor or person with limited legal capacity / incapacitated person expressed consent to the removal pursuant to section 7(4),
e) ethic committee expressed consent to the removal pursuant to section 5(5)b) and
f) the donor does not oppose the donation.

Second paragraph states that provisions of subsection 1 b) and c) do not apply to removal of cells, if such removal poses only minimal risk for health and life of the donor.
Period covered: 01/03/2018 -
Articles concerned : 4

Reservation contained in the instrument of ratification deposited on 21 September 2017 – Or. Engl.

In accordance with Article 10, paragraph 3, of the Convention, the Czech Republic reserves the right not to apply in full the provisions of Article 10, paragraph 1.e, of the Convention and to apply it only in the extent as follows: the law of the Czech Republic shall also assess the culpability of an act committed abroad by a person with no nationality who has been granted permanent residence in their territory.
Period covered: 01/03/2018 -
Articles concerned : 10


Russian Federation

Communication contained in the full powers of signature handed over to the Secretary General at the time of signature of the instrument, on 24 September 2015 – Or. Eng.

The Russian Federation strongly condemns the inclusion into Article 4 of the Convention, despite objections from many States, of the provision which allows the formulation of declarations providing for the possibility of removal of human organs without permission of a living donor. The Russian Federation considers indent 2 of Article 4 of the Convention as a digression from the high standards of the Council of Europe in the field of protection of human rights which significantly undermines the regime of combating the inhuman crimes covered by the Convention, and hopes that the States acceding to the Convention shall refrain from making such declarations.
Articles concerned : 4


Spain

Declaration contained in a Note Verbale from the Permanent Representation of Spain, dated 3 May 2017, registered at the Secretariat General on 5 May 2017 - Or. Fr.

The Permanent Representation of the Kingdom of Spain has the honour to communicate that if the Council of Europe Convention against Trafficking in Human Organs (CETS No. 216) 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 of which the mentioned non-autonomous territory is dependent.

3. As a result, any 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.

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 Council of Europe Convention against Trafficking in Human Organs, opened for signature, in Santiago de Compostela, on 25 March 2015.

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.
Articles concerned : -


United Kingdom

Reservation contained in a Note verbale from the Permanent Representation of the United Kingdom, handed over to the Secretary General of the Council of Europe at the time of signature of the instrument, on 25 March 2015 - Or. Engl.

In accordance with the provisions of paragraph 3 of Article 10 and paragraph 1 of Article 30 of the Convention, the Government of the United Kingdom reserves the right not to apply the jurisdiction rules laid down in paragraph 1.d and e of Article 10 of the Convention.
Articles concerned : 10, 30


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