Reservations and Declarations for Treaty No.190 - Protocol amending the European Convention on the Suppression of Terrorism

Article number:0
Events between 05/05/1949 and

Spain

Declaration handed over by the Ambassador of Spain in Bulgaria to the Secretary General of the Council of Europe at the time of signature of the instrument, on 9 October 2003 - Or. Spa.

In conformity with the Conclusions of the Council of the European Union of 2 October 2003 on the application of the European arrest warrant and its relationship with Council of Europe legal instruments, and as recognised explicitly by the member States of the European Union, Spain declares that Council of Europe legal instruments allow member States of the European Union to apply between themselves pre-existing agreements or conclude new agreements in order to facilitate or simplify even further their procedures for the surrender of individuals.

In conformity with the aforementioned Conclusions, Spain declares that the instruments adopted within the European Union in matters which affect the European Convention on the Suppression of Terrorism and its amending Protocol, constitute a series of agreements or a uniform law which will take precedence as between the member States of the European Union.

In conformity with the aforementioned Conclusions, Spain declares that the series of European Union instruments will continue to take precedence when the present Protocol enters into force.

In conformity with the aforementioned Conclusions, Spain understands that the said instruments adopted within the European Union, which take precedence as between the member States of the European Union, inter alia:

The Agreement of 26 May 1989 between the Member States of the European Communities on the simplification and modernization of methods of transmitting extradition requests,
The Convention of 10 March 1995 drawn up on the basis of article K.3 of the Treaty on European Union, on simplified extradition procedure between the Member States of the European Union (O.J. C 78-30/03/95 et O.J. C 375-12/12/96),
The Convention of 27 September 1996 drawn up on the basis of article K3 of the Treaty on European Union, relating to extradition between the Members States of the European Union (O.J. C313-23/10/96 et O.J. C191-23/07/97),
The Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism (O.J. L 344-28/12/2001) and its modifications,
The Council Common Position of 27 December 2001 on combating terrorism (O.J. L 344-28/12/2001),
The Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (O.J. L 344-28/12/2001), and its modifications,
The Directive 2001/97/EC of the European Parliament and of the Council of 4 December 2001 amending Council Directive 91/308/EEC on prevention of the use of the financial system for the purpose of money laundering (O.J. L 344-28/12/2001),
The Council Decision 2001/927/EC of 27 December 2001 establishing the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (O.J. L 344-28/12/2001), the Council Decision 2002/344/EC (O.J. L116-03/05/2002) and its modifications,
The Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (O.J. L190-18/07/2002),
The Council Framework Decision of 13 June 2002 on combating terrorism (O.J. L190-18/07/2002),
As well as those which will be adopted in the future, in the matters affecting the European Convention on the Suppression of Terrorism,

Will not be affected by the entry into force of the present Protocol.
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Declaration contained in the instrument of ratification deposited on 16 October 2014 - Or. Fr.

In the event that this Protocol 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 Administration status 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, it is considered that the eventual participation of the Gibraltarian authorities in the application of this Protocol will be carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way the declarations formulated in the two previous paragraphs.

4. The process provided for by the “Agreed 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 the Protocol amending the European Convention on the Suppression of Terrorism.

5. The application of the said 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 Kingdoms of Spain and of the Great Britain.
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