Reservations and Declarations for Treaty No.030 - European Convention on Mutual Assistance in Criminal Matters

Nature of declaration : Objections
Events between 05/05/1949 and 03/08/2016

Spain

Declaration contained in a letter from the Chargé d'Affaires a.i. of Spain, dated 9 September 2008, registered at the Secretariat General on 10 September 2008 – Or. Fr. - and completed by a letter from the Permanent Representative of Spain, dated 15 January 2009, registered at the Secretariat General on 19 January 2009 - Or. Fr.

With reference to the extension and application of the European Convention on Mutual Assistance in Criminal Matters of 1959 (ETS No. 30) and its Additional Protocol (ETS No. 99) to the Island of Jersey, I have the honour to inform you that the competent Spanish authorities are in the process of examining the content of the Note prepared by the British authorities and communicated by the Depositary, as well as the mechanism used in order to reach a direct agreement as provided for by Article 25.5 of the Convention.

Thus, as long as the process of examining this Note is not completed and a decision not taken, Spain will not consider itself bound by the content of the said Note.

Declaration contained in a letter from the Permanent Representative of Spain, dated 15 January 2009, registered at the Secretariat General on 19 January 2009 - Or. Fr.

Following the communication dated 9 September 2008 concerning the extension and application of the Convention and its Additional Protocol to the Isle of Jersey, the Spanish authorities, especially the Ministry of Justice, which is the competent authority in this matter, reported that there is an interest on their part to carry on mutual assistance in criminal matters with the Isle of Jersey.

The said authorities consider that the proper procedure to accomplish this task is that the United Kingdom requires the agreement of the Parties to the Convention to extend its application to the Isle of Jersey through direct bilateral agreement between the Parties and not just through a tacit acceptance after a certain time elapses.

In addition, the Ministry of Justice considers that the procedure for reimbursement of expenses generated by the mutual assistance in criminal matters proposed by the United Kingdom implies an exception to the general rules applicable which is not sufficiently justified, especially taking into account that the British argument to offer reimbursement (the legal authorities of Jersey receive more requests for assistance than they request) is also applicable to Spain in respect of the United Kingdom since Spain is facing more requests from the United Kingdom than the latter sends to the Spanish authorities.
Period covered: 02/10/2008 -
Articles concerned : 25


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