Reservations and Declarations for Treaty No.216 - Council of Europe Convention against Trafficking in Human Organs
Nature of declaration : Declarations, Denunciations, Derogations
Status as of 15/10/2019
SpainDeclaration 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.
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