Reservations and Declarations for Treaty No.024 - European Convention on Extradition

Nature of declaration : nature-decl-14
Article number:27
Events between 05/05/1949 and 25/10/2019

Spain

Declaration contained in a Note verbale from the Permanent Representation of Spain to the Council of Europe, dated 24 October 2019, registered at the Secretariat General on 25 October 2019 – Or. Fr.

With regard to the communication that the United Kingdom addressed to the Secretariat General of the Council of Europe on 29 July 2019, concerning the intention of the United Kingdom to extend to Gibraltar the application of the European Convention on Extradition (ETS No. 24), of the Second Additional Protocol to the European Convention on Extradition (ETS No. 98), of the Third Additional Protocol to the European Convention on Extradition (CETS No. 209) and of the Fourth Additional Protocol to the European Convention on Extradition (CETS No. 212), Spain, recalling that it is a Party to the said Convention, as well as to the Additional Protocol to the European Convention on Extradition (ETS No. 86) and to the Second and Third Additional Protocols, makes the following statement:

Spain desires that co-operation in this matter, made possible between Spain and the United Kingdom by the Convention and the Protocols thereto, should also be effective in Gibraltar. As required by Article 27, paragraph 4, of the Convention, this requires the direct agreement of the Parties. Consequently, the Spanish authorities consider that, under Article 27, paragraph 4, the United Kingdom must apply directly to the Parties to seek their agreement, which must be express. States Parties should not have received a communication from the Council of Europe’s Treaty Office, other than a request from the United Kingdom. Reaffirming the need to follow this procedure for future occasions, Spain responded to this communication by addressing the United Kingdom directly, by means of a Note verbale delivered to its Embassy in Madrid on 22 October, expressing its agreement. Spain does not accept that a territorial extension of the Convention can take place merely by tacit acceptance.
Period covered: 25/10/2019 -
Articles concerned : 27


Source : Treaty Office on http://conventions.coe.int - * Disclaimer.