Declarations in force as of today
Status as of 22/01/2021

CETS No.198
Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

Communication contained in a Note verbale from the Council of the European Union and the Commission of the European Communities, dated 27 November 2009, registered at the Secretariat General on 30 November 2009 – Or. Engl./Fr.

The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community will enter into force on 1 December 2009.

As a consequence, as from that date, the European Union will replace and succeed the European Community (Article 1, third paragraph, of the Treaty on European Union as it results from the amendments introduced by the Treaty of Lisbon).

Therefore, as from that date, the European Union will exercise all rights and assume all obligations of the European Community, including its status in the Organisation, whilst continuing to exercise existing rights and assume obligations of the European Union.

In particular, as from that date, the European Union will succeed to all agreements concluded and all commitments made by the European Community with your Organisation and to all agreements or commitments adopted within your Organisation and binding on the European Community.

[Note by the Secretariat : As from 1 December 2009, any reference to "the European Economic Community", "the European Community" or "the European Communities" contained in the text of the treaties and agreements concluded within the Council of Europe shall be read as "the European Union". The website of the Treaty Office has been modified accordingly, and a Note by the Secretariat will be added to the texts of the treaties concerned.]
Period covered: 01/12/2009 -
Articles concerned : -


ETS No.193
European Convention for the Protection of Animals during International Transport (Revised)

Objection contained in a letter from the Head of the European Union Delegation to the Council of Europe, dated 7 February 2020, registered at the Secretariat General on 7 February 2020 - Or. Engl.

The EU has examined the Declaration made by the Republic of Turkey upon its ratification of the European Convention for the Protection of Animals During International Transport (revised). The EU regrets the Declaration made by Turkey and terminology used therein and considers such a Declaration to be null and void.

Cyprus is a member of the Council of Europe and the European Union. The EU reconfirms its well-known position, as expressed in the Objection registered on 16 May 2019 regarding the European Convention for the Protection of Animals kept for Farming Purposes. The EU has also as expressed this position in the Declaration of 21 September 2005 by the European Community and its Member States: The Republic of Cyprus became a member state of the European Union on 1 May 2004 and the EU recognises only the Republic of Cyprus as a subject of international law.

The EU remains fully committed to a comprehensive settlement of the Cyprus question and to supporting the efforts of the UN Secretary General to bring about a comprehensive settlement in line with relevant UN Security Council resolutions and the principles on which the EU is founded (1)


(1) : This language is based on paragraph 7 of the Declaration of 21 September 2005 by the European Community and its member States.
Period covered: 07/02/2020 -
Articles concerned : -

Communication contained in a Note verbale from the Council of the European Union and the Commission of the European Communities, dated 27 November 2009, registered at the Secretariat General on 30 November 2009 – Or. Engl./Fr.

The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community will enter into force on 1 December 2009.

As a consequence, as from that date, the European Union will replace and succeed the European Community (Article 1, third paragraph, of the Treaty on European Union as it results from the amendments introduced by the Treaty of Lisbon).

Therefore, as from that date, the European Union will exercise all rights and assume all obligations of the European Community, including its status in the Organisation, whilst continuing to exercise existing rights and assume obligations of the European Union.

In particular, as from that date, the European Union will succeed to all agreements concluded and all commitments made by the European Community with your Organisation and to all agreements or commitments adopted within your Organisation and binding on the European Community.

[Note by the Secretariat : As from 1 December 2009, any reference to "the European Economic Community", "the European Community" or "the European Communities" contained in the text of the treaties and agreements concluded within the Council of Europe shall be read as "the European Union". The website of the Treaty Office has been modified accordingly, and a Note by the Secretariat will be added to the texts of the treaties concerned.]
Period covered: 01/12/2009 -
Articles concerned : -


ETS No.180
Convention on Information and Legal Co-operation concerning "Information Society Services"

Communication contained in a Note verbale from the Council of the European Union and the Commission of the European Communities, dated 27 November 2009, registered at the Secretariat General on 30 November 2009 – Or. Engl./Fr.

The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community will enter into force on 1 December 2009.

As a consequence, as from that date, the European Union will replace and succeed the European Community (Article 1, third paragraph, of the Treaty on European Union as it results from the amendments introduced by the Treaty of Lisbon).

Therefore, as from that date, the European Union will exercise all rights and assume all obligations of the European Community, including its status in the Organisation, whilst continuing to exercise existing rights and assume obligations of the European Union.

In particular, as from that date, the European Union will succeed to all agreements concluded and all commitments made by the European Community with your Organisation and to all agreements or commitments adopted within your Organisation and binding on the European Community.

[Note by the Secretariat : As from 1 December 2009, any reference to "the European Economic Community", "the European Community" or "the European Communities" contained in the text of the treaties and agreements concluded within the Council of Europe shall be read as "the European Union". The website of the Treaty Office has been modified accordingly, and a Note by the Secretariat will be added to the texts of the treaties concerned.]
Period covered: 01/12/2009 -
Articles concerned : -


ETS No.178
European Convention on the Legal Protection of Services based on, or consisting of, Conditional Access

Communication contained in the instrument of approval deposited on 10 September 2015 - Or. Engl.

While fully recognising the objectives pursued by the European Convention on the Legal Protection of Services based on, or consisting of, Conditional Access, the Union expresses its concern regarding the application of Article 9 and Article 10(3) of the Convention, following the accession of the Union thereto, on basis of its exclusive competence.

This Declaration is without prejudice to the voting procedures within the Committee of Ministers of the Council of Europe.
Period covered: 01/01/2016 -
Articles concerned : 9, 10


ETS No.153
European Convention relating to questions on Copyright Law and Neighbouring Rights in the Framework of Transfrontier Broadcasting by Satellite

Communication contained in a Note verbale from the Council of the European Union and the Commission of the European Communities, dated 27 November 2009, registered at the Secretariat General on 30 November 2009 – Or. Engl./Fr.

The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community will enter into force on 1 December 2009.

As a consequence, as from that date, the European Union will replace and succeed the European Community (Article 1, third paragraph, of the Treaty on European Union as it results from the amendments introduced by the Treaty of Lisbon).

Therefore, as from that date, the European Union will exercise all rights and assume all obligations of the European Community, including its status in the Organisation, whilst continuing to exercise existing rights and assume obligations of the European Union.

In particular, as from that date, the European Union will succeed to all agreements concluded and all commitments made by the European Community with your Organisation and to all agreements or commitments adopted within your Organisation and binding on the European Community.

[Note by the Secretariat : As from 1 December 2009, any reference to "the European Economic Community", "the European Community" or "the European Communities" contained in the text of the treaties and agreements concluded within the Council of Europe shall be read as "the European Union". The website of the Treaty Office has been modified accordingly, and a Note by the Secretariat will be added to the texts of the treaties concerned.]
Period covered: 01/12/2009 -
Articles concerned : -


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Communication transmitted by the Director General of Legal Affairs of the OECD by a letter dated 7 February 2007 and registered by the Secretariat General on 12 February 2007 - Or. Engl./Fr.

OPINION BY THE CO-ORDINATING BODY OF THE JOINT COUNCIL OF EUROPE/OECD CONVENTION ON MUTUAL ADMINISTRATIVE ASSISTANCE IN TAX MATTERS ON THE USE OF THE TERMS "PARTIES" AND "STATES" IN CERTAIN ARTICLES OF THE CONVENTION

I. The use of terms "Parties", "States" and "competent authorities" in the Convention


1. In the Joint Council of Europe/OECD Convention on Mutual Administrative Assistance in Tax Matters, the use of the terms "Parties", "States" or "competent authorities" has been found not to be always consistent, in particular with regard to the authority to enter into agreements for the implementation of the Convention.

II. Opinion of the Co-ordination Body of the Convention

2. Under international law, a treaty shall be interpreted taking into account "any subsequent agreement between the parties regarding the interpretation of the treaty of the application of its provisions" (article 31.3.a of the Vienna Convention on the Law of Treaties). According to paragraph 4 of Article 24 of the Convention on Mutual Administative Assistance in Tax Matters, the Co-ordinating Body (composed of representatives of the competent authorities of the Parties) which monitors the implementation and development of this Convention, under the aegis of OECD, can furnish opinions "on the interpretation of the provisions of the Convention".

3. Given that in certain articles of the Convention the use of the terms "Parties" and "States" may raise issues of interpretation, the following opinion, which as been agreed by the Co-ordinating Body of the Convention, after having consulted with the OECD Secretariat, and particularly with the Directorate of Legal Affairs, will dispel ambiguity and will clarify the interpretation of these articles :

In accordance with paragraph 4 of article 24 of the Convention, the Co-ordinating Body agrees to the following opinion on the interpretation of the Convention:
When the text of the Convention uses, in particular in paragraph 2 of Article 4; paragraph 2 of Article 11; paragraph 2 of Article 22; and Articles 25 and 26, the terms "Parties" or "States" in relation to agreements concluded for the implementation of the Convetnion, these two terms are to be understood to refer to the "competent authorities", as defined in paragraph 1, subparagraph d, of Article 3.

Period covered: 12/02/2007 -
Articles concerned : 24


ETS No.123
European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes

Communication contained in a Note verbale from the Council of the European Union and the Commission of the European Communities, dated 27 November 2009, registered at the Secretariat General on 30 November 2009 – Or. Engl./Fr.

The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community will enter into force on 1 December 2009.

As a consequence, as from that date, the European Union will replace and succeed the European Community (Article 1, third paragraph, of the Treaty on European Union as it results from the amendments introduced by the Treaty of Lisbon).

Therefore, as from that date, the European Union will exercise all rights and assume all obligations of the European Community, including its status in the Organisation, whilst continuing to exercise existing rights and assume obligations of the European Union.

In particular, as from that date, the European Union will succeed to all agreements concluded and all commitments made by the European Community with your Organisation and to all agreements or commitments adopted within your Organisation and binding on the European Community.

[Note by the Secretariat : As from 1 December 2009, any reference to "the European Economic Community", "the European Community" or "the European Communities" contained in the text of the treaties and agreements concluded within the Council of Europe shall be read as "the European Union". The website of the Treaty Office has been modified accordingly, and a Note by the Secretariat will be added to the texts of the treaties concerned.]
Period covered: 01/12/2009 -
Articles concerned : -

Reservation contained in the instrument of approval deposited on 30 April 1998 - Or. Engl/Fr.

In application of Article 34, paragraph 1, of the European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes, the European Community states that it does not consider itself bound by the requirements to communicate statistical data laid down in Article 28, paragraph 1, of the said Convention.
Period covered: 01/11/1998 -
Articles concerned : 28


ETS No.104
Convention on the Conservation of European Wildlife and Natural Habitats

Communication contained in a Note verbale from the Council of the European Union and the Commission of the European Communities, dated 27 November 2009, registered at the Secretariat General on 30 November 2009 – Or. Engl./Fr.

The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community will enter into force on 1 December 2009.

As a consequence, as from that date, the European Union will replace and succeed the European Community (Article 1, third paragraph, of the Treaty on European Union as it results from the amendments introduced by the Treaty of Lisbon).

Therefore, as from that date, the European Union will exercise all rights and assume all obligations of the European Community, including its status in the Organisation, whilst continuing to exercise existing rights and assume obligations of the European Union.

In particular, as from that date, the European Union will succeed to all agreements concluded and all commitments made by the European Community with your Organisation and to all agreements or commitments adopted within your Organisation and binding on the European Community.

[Note by the Secretariat : As from 1 December 2009, any reference to "the European Economic Community", "the European Community" or "the European Communities" contained in the text of the treaties and agreements concluded within the Council of Europe shall be read as "the European Union". The website of the Treaty Office has been modified accordingly, and a Note by the Secretariat will be added to the texts of the treaties concerned.]
Period covered: 01/12/2009 -
Articles concerned : -


ETS No.087
European Convention for the Protection of Animals kept for Farming Purposes

Objection contained in a Note Verbale from the Delegation of the European Union to the Council of Europe, dated 14 May 2019, registered at the Secretariat General on 16 May 2019 – Or. Engl.

The European Union (EU) has examined the Declaration made by the Republic of Turkey upon its ratification of the European Convention for the Protection of Animals kept for Farming Purposes. The EU regrets the Declaration made by Turkey and terminology used therein and considers such a Declaration to be null and void.

Cyprus is a member of the Council of Europe and the European Union. The EU reconfirms its well-known position, as expressed in the Declaration of 21 September 2005 by the European Community and its Member States: The Republic of Cyprus became a member state of the European Union on 1 May 2004 and the EU recognises only the Republic of Cyprus as a subject of international law. The EU remains fully committed to a comprehensive settlement of the Cyprus question and to supporting the efforts of the UN Secretary General to bring about a comprehensive settlement in line with relevant UN Security Council resolutions and the principles on which the EU is founded.(1)

(1) This language is based on paragraph 7 of the Declaration of 21 September 2005 by the European Community and its member States.
Period covered: 16/05/2019 -
Articles concerned : -

Communication contained in a Note verbale from the Council of the European Union and the Commission of the European Communities, dated 27 November 2009, registered at the Secretariat General on 30 November 2009 – Or. Engl./Fr.

The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community will enter into force on 1 December 2009.

As a consequence, as from that date, the European Union will replace and succeed the European Community (Article 1, third paragraph, of the Treaty on European Union as it results from the amendments introduced by the Treaty of Lisbon).

Therefore, as from that date, the European Union will exercise all rights and assume all obligations of the European Community, including its status in the Organisation, whilst continuing to exercise existing rights and assume obligations of the European Union.

In particular, as from that date, the European Union will succeed to all agreements concluded and all commitments made by the European Community with your Organisation and to all agreements or commitments adopted within your Organisation and binding on the European Community.

[Note by the Secretariat : As from 1 December 2009, any reference to "the European Economic Community", "the European Community" or "the European Communities" contained in the text of the treaties and agreements concluded within the Council of Europe shall be read as "the European Union". The website of the Treaty Office has been modified accordingly, and a Note by the Secretariat will be added to the texts of the treaties concerned.]
Period covered: 01/12/2009 -
Articles concerned : -


ETS No.084
European Agreement on the Exchange of Tissue-Typing Reagents

Communication contained in a Note verbale from the Council of the European Union and the Commission of the European Communities, dated 27 November 2009, registered at the Secretariat General on 30 November 2009 – Or. Engl./Fr.

The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community will enter into force on 1 December 2009.

As a consequence, as from that date, the European Union will replace and succeed the European Community (Article 1, third paragraph, of the Treaty on European Union as it results from the amendments introduced by the Treaty of Lisbon).

Therefore, as from that date, the European Union will exercise all rights and assume all obligations of the European Community, including its status in the Organisation, whilst continuing to exercise existing rights and assume obligations of the European Union.

In particular, as from that date, the European Union will succeed to all agreements concluded and all commitments made by the European Community with your Organisation and to all agreements or commitments adopted within your Organisation and binding on the European Community.

[Note by the Secretariat : As from 1 December 2009, any reference to "the European Economic Community", "the European Community" or "the European Communities" contained in the text of the treaties and agreements concluded within the Council of Europe shall be read as "the European Union". The website of the Treaty Office has been modified accordingly, and a Note by the Secretariat will be added to the texts of the treaties concerned.]
Period covered: 01/12/2009 -
Articles concerned : -


ETS No.050
Convention on the Elaboration of a European Pharmacopoeia

Communication contained in a Note verbale from the Council of the European Union and the Commission of the European Communities, dated 27 November 2009, registered at the Secretariat General on 30 November 2009 – Or. Engl./Fr.

The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community will enter into force on 1 December 2009.

As a consequence, as from that date, the European Union will replace and succeed the European Community (Article 1, third paragraph, of the Treaty on European Union as it results from the amendments introduced by the Treaty of Lisbon).

Therefore, as from that date, the European Union will exercise all rights and assume all obligations of the European Community, including its status in the Organisation, whilst continuing to exercise existing rights and assume obligations of the European Union.

In particular, as from that date, the European Union will succeed to all agreements concluded and all commitments made by the European Community with your Organisation and to all agreements or commitments adopted within your Organisation and binding on the European Community.

[Note by the Secretariat : As from 1 December 2009, any reference to "the European Economic Community", "the European Community" or "the European Communities" contained in the text of the treaties and agreements concluded within the Council of Europe shall be read as "the European Union". The website of the Treaty Office has been modified accordingly, and a Note by the Secretariat will be added to the texts of the treaties concerned.]
Period covered: 01/12/2009 -
Articles concerned : -


ETS No.039
European Agreement on the Exchanges of Blood-Grouping Reagents

Communication contained in a Note verbale from the Council of the European Union and the Commission of the European Communities, dated 27 November 2009, registered at the Secretariat General on 30 November 2009 – Or. Engl./Fr.

The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community will enter into force on 1 December 2009.

As a consequence, as from that date, the European Union will replace and succeed the European Community (Article 1, third paragraph, of the Treaty on European Union as it results from the amendments introduced by the Treaty of Lisbon).

Therefore, as from that date, the European Union will exercise all rights and assume all obligations of the European Community, including its status in the Organisation, whilst continuing to exercise existing rights and assume obligations of the European Union.

In particular, as from that date, the European Union will succeed to all agreements concluded and all commitments made by the European Community with your Organisation and to all agreements or commitments adopted within your Organisation and binding on the European Community.

[Note by the Secretariat : As from 1 December 2009, any reference to "the European Economic Community", "the European Community" or "the European Communities" contained in the text of the treaties and agreements concluded within the Council of Europe shall be read as "the European Union". The website of the Treaty Office has been modified accordingly, and a Note by the Secretariat will be added to the texts of the treaties concerned.]
Period covered: 01/12/2009 -
Articles concerned : -


ETS No.033
Agreement on the Temporary Importation, free of duty, of Medical, Surgical and Laboratory Equipment for use on free loan in Hospitals and other Medical Institutions for purposes of Diagnosis or Treatment

Communication contained in a Note verbale from the Council of the European Union and the Commission of the European Communities, dated 27 November 2009, registered at the Secretariat General on 30 November 2009 – Or. Engl./Fr.

The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community will enter into force on 1 December 2009.

As a consequence, as from that date, the European Union will replace and succeed the European Community (Article 1, third paragraph, of the Treaty on European Union as it results from the amendments introduced by the Treaty of Lisbon).

Therefore, as from that date, the European Union will exercise all rights and assume all obligations of the European Community, including its status in the Organisation, whilst continuing to exercise existing rights and assume obligations of the European Union.

In particular, as from that date, the European Union will succeed to all agreements concluded and all commitments made by the European Community with your Organisation and to all agreements or commitments adopted within your Organisation and binding on the European Community.

[Note by the Secretariat : As from 1 December 2009, any reference to "the European Economic Community", "the European Community" or "the European Communities" contained in the text of the treaties and agreements concluded within the Council of Europe shall be read as "the European Union". The website of the Treaty Office has been modified accordingly, and a Note by the Secretariat will be added to the texts of the treaties concerned.]
Period covered: 01/12/2009 -
Articles concerned : -


ETS No.026
European Agreement on the Exchange of Therapeutic Substances of Human Origin

Communication contained in a Note verbale from the Council of the European Union and the Commission of the European Communities, dated 27 November 2009, registered at the Secretariat General on 30 November 2009 – Or. Engl./Fr.

The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community will enter into force on 1 December 2009.

As a consequence, as from that date, the European Union will replace and succeed the European Community (Article 1, third paragraph, of the Treaty on European Union as it results from the amendments introduced by the Treaty of Lisbon).

Therefore, as from that date, the European Union will exercise all rights and assume all obligations of the European Community, including its status in the Organisation, whilst continuing to exercise existing rights and assume obligations of the European Union.

In particular, as from that date, the European Union will succeed to all agreements concluded and all commitments made by the European Community with your Organisation and to all agreements or commitments adopted within your Organisation and binding on the European Community.

[Note by the Secretariat : As from 1 December 2009, any reference to "the European Economic Community", "the European Community" or "the European Communities" contained in the text of the treaties and agreements concluded within the Council of Europe shall be read as "the European Union". The website of the Treaty Office has been modified accordingly, and a Note by the Secretariat will be added to the texts of the treaties concerned.]
Period covered: 01/12/2009 -
Articles concerned : -


CETS No.214
Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms

Declaration contained in the instrument of ratification deposited on 22 July 2015 - Or. Engl.

Pursuant to Article 10 of Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms, the Republic of Albania declares that the national courts designated for the purposes of Article 1, paragraph 1, of the Protocol are the Supreme Court of the Republic of Albania and the Constitutional Court of the Republic of Albania.
Period covered: 01/08/2018 -
Articles concerned : 10, 1


CETS No.201
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse

Declaration contained in a Note verbale from the Permanent Representation of Albania, dated 11 October 2010, registered at the Secretariat General on 11 October 2010 – Or. Engl.

In accordance with Article 37 of the Convention, Albania designated as national authority:

Ministry of Justice
Department of Codification
Ms Mimoza SELENICA
Head of the Section of Justice for children and familial right
Tel: +355 672 067335
Email: mimoza.selenica@justice.gov.al
Period covered: 11/10/2010 -
Articles concerned : 37


CETS No.198
Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

Declaration contained in a Communication from the Permanent Representation of Albania to the Council of Europe, dated 26 October 2017, registered at the Secretariat General on 26 October 2017 - Or. Engl.

The Republic of Albania declares that the authority designated in pursuance of Article 46, paragraph 13, of the Convention, which is a financial intelligence unit (FIU) within the meaning of this article, is the following:

General Directorate for the Prevention of Money Laundering
Address: D.P.P.P.P.
"Bulevardi Dëshmorët e Kombit", Nr. 3
Tirana, Albania
Email: public.relations@fint.gov.al
Tel: + 355 4 22 44602 s
Period covered: 26/10/2017 -
Articles concerned : 46

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Albania, dated 27 October 2016, registered at the Secretariat General on 22 November 2016 - Or. Engl., and completed by a Communication from the Permanent Representation of Albania, registered at the Secretariat General on 10 January 2017 - Or. Engl.

The Republic of Albania declares that the authorities designated in pursuance of Article 33, paragraph 1, of the Convention are the following:
The Ministry of justice is the central authority for the implementation of the Convention, and the Department of Foreign Jurisdictional Relations is the responsible authority for the execution of requests based on it.

The requests submitted according to the Convention shall be delivered in the following address:
Ministry of Justice
Department of Foreign Jurisdictional Relations
Address: BLV. “Zog I”
Postal Code: 256, Tirana Albania
Email: foreigndepart@drejtesia.gov.al
Tel: 00355 4 222 15 54
Period covered: 22/11/2016 -
Articles concerned : 33


ETS No.192
Convention on Contact concerning Children

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Albania, dated 13 May 2005, deposited with the instrument of ratification, on 27 May 2005 - Or. Engl.

In accordance with Article 18, paragraph 3, of the Convention, the Republic of Albania declares that it can refuse the use of either French or English languages, under paragraphs 1 and 2 of this article, in any application, communication or other documents sent to the central authorities.
Period covered: 01/09/2005 -
Articles concerned : 18

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Albania, dated 13 May 2005, deposited with the instrument of ratification, on 27 May 2005 - Or. Engl.

In accordance with Article 11, paragraph 1, of the Convention, the Republic of Albania appoints the Ministry of Justice as central authority to carry out the functions provided for by this Convention. The address is as following:

Ministry of Justice
Bulevardi "Zogu I" Tiranë
Shquipëri
Period covered: 01/09/2005 -
Articles concerned : 11


ETS No.185
Convention on Cybercrime

Declaration contained in a Note verbale from the Permanent Representation of Albania, dated 10 October 2006, registered at the Secretariat General on 10 October 2006 - Or. Engl.

The 24/7 Network point of contact designated by Albania is :

the Police of State
Ministry of Interior
Bulevardi Deshmoret e Kombit
Tirana
Albania

[Note by the Secretariat: For more information please contact the Executive Secretary of the Cybercrime Convention Committee,, alexander.seger@coe.int.]
Period covered: 10/10/2006 -
Articles concerned : 35

Declaration contained in a Note verbale from the Permanent Representation of Albania, dated 19 June 2006, registered at the Secretariat General on 19 June 2006 – Or. Engl.

In accordance with Article 27, paragraph 2, of the Convention, Albania declares that the name and address of the central authority responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution is:

Ministry of Justice, Bulevardi Zog. I., Tirana
Period covered: 19/06/2006 -
Articles concerned : 27

Declaration contained in a Note verbale from the Permanent Representation of Albania, dated 19 June 2006, registered at the Secretariat General on 19 June 2006 – Or. Engl.

In accordance with Article 24, paragraph 7, of the Convention, Albania declares that the name and address of the authorities responsible for making or receiving requests for extradition or provisional arrest in the absence of a treaty are :

Ministry of Justice, Bulevardi Zog. I., Tirana
National Central Office of Interpol, Bulevardi Deshmoret e Kombit, Tirana.
Period covered: 19/06/2006 -
Articles concerned : 24


ETS No.173
Criminal Law Convention on Corruption

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Albania, dated 27 June 2005 and in a Note Verbale from the Permanent Representation, dated 18 July 2005– Or. Engl.

In accordance with Article 30, paragraph 6, of the Convention, the Republic of Albania declares that, for reasons of efficiency, requests made under Chapter IV are to be addressed to the central authority.
Period covered: 01/07/2002 -
Articles concerned : 30

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Albania, dated 27 June 2005 and in a Note Verbale from the Permanent Representation, dated 18 July 2005– Or. Engl.

In accordance with Article 29, paragraph 2, of the Convention, the Republic of Albania declares that the central authority designated by the Republic of Albania is:

the Ministry of Justice
Boulevard “Zog I”
Tirana – Albania
Period covered: 01/07/2002 -
Articles concerned : 29


ETS No.169
Protocol No. 2 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning interterritorial co-operation

Declaration contained in a Note verbale from the Permanent Representation of Albania, dated 2 November 2001, handed to the Secretary General of the Council of Europe at the time of deposit of the instrument of ratification, on 11 December 2001 - Or. Engl.

For the purpose of Article 6, paragraph 1, of Protocol No. 2, the Republic of Albania declares that it will apply the provisions of Articles 4 and 5 of the Additional Protocol.
Period covered: 12/03/2002 -
Articles concerned : 6


ETS No.166
European Convention on Nationality

Declaration from the Ministry of Foreign Affairs of Albania deposited with the instrument of ratification, on 11 February 2004 - Or. Engl.

The Republic of Albania declares that, concerning Article 22 of the European Convention on Nationality, in the Republic of Albania the age referred to in Article 22, paragraph b, is considered to have been reached with the completion of age 27.
Period covered: 01/06/2004 -
Articles concerned : 22


ETS No.165
Convention on the Recognition of Qualifications concerning Higher Education in the European Region

Declaration contained in a Note Verbale from the Permanent Representation of Albania, dated 13 May 2002, and registered at the Secretariat General on 14 May 2002 - Or. Engl.

Directory of Higher Education to the Ministry
of Education and Science of Albania.
Rruga e Durresit 23
Tirana – Albania
Tel: 00355 42 25987
Fax: 00355 42 32002
Period covered: 14/05/2002 -
Articles concerned : IX.2, II.2


ETS No.163
European Social Charter (revised)

Declaration contained in the instrument of ratification deposited on 14 November 2002 - Or. Engl.

The Republic of Albania in accordance with Part III, Article A of the Charter, considers itself bound by the following Articles of the Charter:


. Article 1 – The right to work;
. Article 2 – The right to just conditions of work;
. Article 3 – The right to safe and healthy working conditions;
. Article 4 – The right to a fair remuneration;
. Article 5 – The right to organize;
. Article 6 – The right to bargain collectively;
. Article 7 – The right of children and young persons to protection;
. Article 8 – The right of employed women to protection of maternity;
. Article 11 - The right to protection of health;
. Article 19 - The right of migrants workers and their families to protection and assistance;
. Article 20 - The right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex;
. Article 21 - The right to information and consultation;
. Article 22 - The right to take part in the determination and improvement of the working conditions and working environment;
. Article 24 - The right to protection in cases of termination of employment;
. Article 25 - The right of workers to the protection of their claims in the event of insolvency of their employer;
. Article 26 - The right to dignity at work;
. Article 28 - The right of workers’representatives to protection in the undertaking and facilities to be accorded to them;
. Article 29 - The right to information and consultation in collective redundancy procedures.
Period covered: 01/01/2003 -
Articles concerned : A


ETS No.160
European Convention on the Exercise of Children's Rights

Declaration contained in a Note verbale from the Permanent Representation of Albania, dated 18 October 2011, deposited with the instrument of ratification on 19 October 2011 - Or. Engl.

In accordance with Article 1, paragraph 4, of the Convention, the Republic of Albania declares that it shall apply the Convention for any family matter before a judicial authority belonging to the child in regard to :

- review of disputes arising from marriage;
- review of consequences of marriage dissolution;
- recognition and challenge of maternity and paternity;
- review of disputes for granting of alimony (maintenance) obligation;
- exercise of parental responsibility;
- adoption;
- custody;
- protection from all forms of violence.
Period covered: 01/02/2012 -
Articles concerned : 1


ETS No.159
Additional Protocol to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities

Declaration contained in a Note verbale from the Permanent Representation of Albania, dated 2 November 2001, handed to the Secretary General of the Council of Europe at the time of deposit of the instrument of ratification, on 11 December 2001 - Or. Engl.

For the purpose of Article 8, paragraph 1, of the Additional Protocol, the Republic of Albania declares that it will apply the provisions of Articles 4 and 5.
Period covered: 12/03/2002 -
Articles concerned : 8, 5, 4


ETS No.147
European Convention on Cinematographic Co-Production

Declaration contained in a Note verbale from the Permanent Representation of Albania deposited with the instrument of ratification, on 9 September 2009 – Or. Engl.

In accordance with Article 5, paragraph 5, of the Convention, the competent authority in Albania is the National Film Centre:

Qendra Kombëtare e Kinematografisë
Rruga : « Aleksandër Moisiu », nr 77
Tiranë, Albania
Tel./Fax.: 00355 4 2378005
Period covered: 01/01/2010 -
Articles concerned : 5


ETS No.144
Convention on the Participation of Foreigners in Public Life at Local Level

Declaration contained in the instrument of ratification deposited on 19 July 2005 - Or. Engl.

In accordance with Article 1, paragraph 1, of the Convention, the Republic of Albania declares that it reserves the right not to apply the provisions of Chapter C of the Convention.
Period covered: 01/11/2005 -
Articles concerned : 1


ETS No.141
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime

Declaration contained in a Note Verbale from the Permanent Representation of Albania, handed at the time of deposit of the instrument of ratification on 31 October 2001 - Or. Fr.

For the purpose of Article 23 of the Convention, the responsible authority for Albania is the Directory for the co-ordination of the fight against money laundering.

The address of this directory is:

MINISTRY OF FINANCE OF ALBANIA
Rruga « Deshmoret e Kombit »
Tirana – Albania
Phone: + 355 42 486 40
Fax: + 355 42 486 40
e-mail: info@minfin.gov.al

Period covered: 01/02/2002 -
Articles concerned : 23


ETS No.132
European Convention on Transfrontier Television

Declaration contained in a Note verbale from the Ministry of Foreign Affaires of Albania, dated 18 April 2005, deposited with the instrument of ratification, on 27 April 2005 – Or. Engl.

In accordance with Article 19, paragraph 2.a, of the Convention, the Republic of Albania declares that the designated authority for the implementation of the Convention is the:

National Council of Radio and Television
Këshilli Kombëtar i Radios dhe Televizionit
Rruga "A. Toptani", Tiranë
SHQUIPËRI
Period covered: 01/08/2005 -
Articles concerned : 19


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Reservations contained in the instrument of ratification deposited with the Secretary General of the OECD on 8 August 2013 - Or. Engl.

Pursuant to Article 30, paragraph 1.a, of the Convention, the Republic of Albania reserves the right not to provide any form of assistance in relation to the taxes of other Parties included in any of the following categories listed in Article 2, paragraph 1.b:

iii. Taxes in other categories, except customs duties, imposed on behalf of a Party, namely:
A. estate, inheritance or gift taxes,
B. taxes on immovable property,
F. taxes on the use or ownership of movable property other than motor vehicles.

iv. Taxes in categories referred to in sub-paragraph iii above which are imposed on behalf of political subdivisions or local authorities of a Party.

In accordance with Article 30, paragraph 1.b, of the Convention, the Republic of Albania reserves the right not to provide assistance in the recovery of any tax claim, or in the recovery of an administrative fine, for taxes described in Article 2, paragraph 1.b, of the Convention.

In accordance with Article 30, paragraph 1.d, of the Convention, the Republic of Albania reserves the right not to provide assistance in the service of documents for the taxes described in Article 2, paragraph 1.b, of the Convention.

In accordance with Article 30, paragraph 1.e, of the Convention, the Republic of Albania reserves the right not to permit the service of documents through the post as provided in Article 17, paragraph 3, with respect to the taxes described in Article 2, paragraph 1.b, of the Convention.
Period covered: 01/12/2013 -
Articles concerned : 30, 2

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 8 August 2013 - Or. Engl.

ANNEX B – Competent Authorities

the Republic of Albania declares that the competent authority, with the powers mentioned in Article 3, paragraph 1.d., of the Convention, is the Ministry of Finance: General Tax Directory.
Period covered: 01/12/2013 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 8 August 2013 - Or. Engl.

ANNEX A – Existing taxes to which the Convention shall apply:

Article 2, paragraph 1.a.i:
- Personal Income Tax (Tatimi mbi te Ardhurat Personale)

Article 2, paragraph 1.a.ii:
- Corporate Income Tax (Tatim Fitimi)

Article 2, paragraph 1.b.i:
- Local Tax on Small Business (Taska Vendore mbi Biznesin e Vogel)

Article 2, paragraph 1.b.ii:
- Social Security Contributions (Kontributet e Sigurimeve Shoqerore)

Article 2, paragraph 1.b.iii.C:
- Value Added Tax (Tatimi mbi Vleren e Shtuar)

Article 2, paragraph 1.b.iii.D:
- Excise Duties (Akciza)

Article 2, paragraph 1.b.iii.E:
- Annual Tax on used motor Vehicles (Taska vjetore e mjeteve të përdorura)

Article 2, paragraph 1.b.iii.G:
- Local Tax on Real Estate (Tatimet mbi Pasurine e Paluajtshme)
Period covered: 01/12/2013 -
Articles concerned : 2


ETS No.116
European Convention on the Compensation of Victims of Violent Crimes

Declaration contained in the instrument of ratification deposited on 26 November 2004 - Or. Engl.

Regarding Article 2, paragraph 1 (b) of the Convention, the Republic of Albania declares that it defines the term “dependants” in conformity with the Albanian legislation as meaning “under age children, the spouse, disabled parents, who were entirely or partly dependent on the deceased person, as well as persons who lived in the family of the deceased person and were entitled to receive maintenance payments from such person”.
Period covered: 01/03/2005 -
Articles concerned : 2

Reservation contained in the instrument of ratification deposited on 26 November 2004 - Or. Engl.

According to Article 18, paragraph 1, of the Convention, the Republic of Albania reserves the right to declare that the central authority, designated under Article 12, may refuse a request for assistance made by another Contracting State, if such request is not made in the Albanian language or in the English language or in the French language or if it is not accompanied by a translation into one of the official languages of the Council of Europe.
Period covered: 01/03/2005 -
Articles concerned : 18, 12

Declaration contained in the instrument of ratification deposited on 26 November 2004 - Or. Engl.

In accordance with Article 12 of the Convention, the Republic of Albania declares that the Ministry of Justice is the Central Authority.
Period covered: 01/03/2005 -
Articles concerned : 12


ETS No.112
Convention on the Transfer of Sentenced Persons

Declarations contained in the instrument of ratification deposited on 4 April 2000 - Or. Engl.

In accordance with Article 3, paragraph 3, the Republic of Albania declares that it intends to exclude the application of the procedures provided for in Article 9, paragraph 1, letter “a” of the Convention.

In accordance with Article 3, paragraph 4, the term “national”, for the purposes of this Convention, shall mean Albanian nationals as well as stateless persons permanently residing in Albania and persons with double nationality, in case either of them is Albanian.
Period covered: 01/08/2000 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 4 April 2000 - Or. Engl.

In accordance with Article 17, paragraph 3, the Republic of Albania declares that it requires that requests for the transfer of sentenced persons and supporting documents be accompanied by a translation into the Albanian language or into one of the official languages of the Council of Europe.
Period covered: 01/08/2000 -
Articles concerned : 17


ETS No.108
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Albania, dated 4 April 2017, registered at the Secretariat General on 12 April 2017 - Or. Engl.

The Republic of Albania, pursuant to Article 13 of the Convention, declares that the competent authority designated for co-operation among the Parties in accordance with paragraph 2 of this article is the following:

Office of the Information and Data Protection Commissioner
Rruga “Abdi Toptani”
Tiranë, Shqipëri.
Period covered: 12/04/2017 -
Articles concerned : 13

Declaration contained in a Note verbale from the Permanent Representation of Albania to the Council of Europe, dated 4 April 2005, registered at the Secretariat General on 5 April 2005 – Or. Engl.

The Government of Albania accepts the amendments to the Convention adopted during the 675th meeting of the Committee of Ministers, allowing the European Communities to accede to the Convention.
Articles concerned : 21

Declarations contained in the instrument of ratification deposited on 14 February 2005 - Or. Engl.

In accordance with Article 3, paragraph 2, sub-paragraph a, of the Convention, the Republic of Albania declares that it will not apply the Convention to the following categories of personal data:

a) Processing of personal data carried out by individuals exclusively for personal purposes provided (on the condition) that these data are not intended for distribution (broadcast) through different means of communication;
b) To personal data which, by virtue of a law, are accessible to the public and to the personal data which are published in accordance with the law.

In accordance with Article 3, paragraph 2, sub-paragraph b, of the Convention, the Republic of Albania declares that it will apply the Convention to the data (information) relating to groups of persons, associations, foundations, companies, institutions or any other bodies, consisting directly or indirectly of individuals whether or not such bodies possess legal personality.
Period covered: 01/06/2005 -
Articles concerned : 3


ETS No.073
European Convention on the Transfer of Proceedings in Criminal Matters

Reservation contained in the instrument of ratification deposited on 4 April 2000 - Or. Engl.

With reference to Appendix I, sub-paragraphs a, b, c, d and g the Republic of Albania declares that it reserves the right:

- to refuse a request for proceedings, if it considers that the offence is purely religious offence;
- to refuse a request for proceedings for an act the sanctions for which, in accordance with its own law, can be imposed only by an administrative authority;
- not to accept Article 22;
- not to accept Article 23;
- not to apply Articles 30 and 31 in respect of an act for which the sanctions, in accordance with its own law or that of the other State concerned, can be imposed only by an administrative authority.
Period covered: 05/07/2000 -
Articles concerned : 41

Declaration contained in the instrument of ratification, deposited on 4 April 2000 - Or. Engl.

With reference to the second paragraph of Appendix II, the term “national”, for the purpose of this Convention, shall mean Albanian nationals as well as stateless persons permanently residing in Albania and persons with double nationality, in case either of them is Albanian.
Period covered: 05/07/2000 -
Articles concerned : 41

Declaration contained in the instrument of ratification deposited on 4 April 2000 - Or. Engl.

In accordance with Article 18, paragraph 2 of the Convention, the Republic of Albania declares that requests and any other documents related to them which are not drawn up in one of the official languages of the Council of Europe shall be accompanied by a translation into the Albanian language or into one of those languages.
Period covered: 05/07/2000 -
Articles concerned : 18


ETS No.070
European Convention on the International Validity of Criminal Judgments

Reservation contained in the instrument of ratification deposited on 22 October 2003 - Or. Engl./Alb.

In accordance with Article 61, paragraph 1, of the Convention, the Republic of Albania reserves the right :

a) to refuse enforcement if it considers that the sentence relates to a fiscal or religious offence (Appendix I, a);
b) to refuse enforcement of a sanction for an act which according to the law of the Republic of Albania could have been dealt with only by an administrative authority (Appendix I, b);
c) to refuse enforcement of a European criminal judgment which the authorities of the requesting State rendered on a date when, under its own law, the criminal proceedings in respect of the offence punished by the judgment would have been precluded by the lapse of time (Appendix I, c);
d) to refuse the application of the provisions of Article 8 where this State has an original competence and to recognise in these cases only the equivalence of acts interrupting or supending time limitation which have been accomplished in the requesting State (Appendix I, e).
Period covered: 23/01/2004 -
Articles concerned : 61

Declaration contained in the instrument of ratification deposited on 22 October 2003 - Or. Engl./Alb.

In accordance with Article 19, paragraph 2, of the Convention,the Republic of Albania reserves the right to require that requests and supporting documents be accompanied by a translation into the Albanian language.
Period covered: 23/01/2004 -
Articles concerned : 19


ETS No.062
European Convention on Information on Foreign Law

Declaration contained in a Note verbale from the Permanent Representation of Albania, dated 8 April 2002, registered at the Secretariat General on 8 April 2002 - Or. Engl.

In accordance with Article 2 of the Convention, the competent authority in Albania is :

The Directory of international treaties
and jurisdictional relations
to the Ministry of Justice
Bulevardi "Zogu I"
Tirana
Albania
Phone : 00355.42.59388 ext. : 117, 118.
Period covered: 08/04/2002 -
Articles concerned : 2


ETS No.046
Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto

Withdrawal of Derogation contained in the Note Verbale No. 129/20 of the Permanent Representation of Albania, dated 24 June 2020, registered at the Secretariat General on 24 June 2020 - Or. Engl.

The Permanent Representation of Albania to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, informs that the emergency situation which necessitated a derogation from certain obligations under Article 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, ceased to exist. Consequently, pursuant to Article 15, paragraph 3, of the Convention, the Government withdraws the derogations from Article 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

The Permanent Representation of Albania to the Council of Europe recalls that on 31 March 2020, it informed the Secretary General of the Council of Europe that following the announcement of the World Health Organization, on 24 March 2020 the Government of the Republic of Albania declared an emergency situation in the entire territory of the Republic of Albania for 30 (thirty) days which was subsequently extended. On 12 May 2020, the Permanent Representation of Albania to the Council of Europe informed the Secretary General on the decision of the Government to extend the period of the emergency situation until 23 June 2020.

Considering that the Government has decided not to extend the emergency situation in Albania, the measures chosen to prevent further spread of the Covid-19 and the continuous threat it poses to public health, which necessitated a derogation under Articles 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol no.4 to the Convention for the Protection of Human Rights and Fundamental Freedoms ceased to operate on 23 June 2020. Accordingly, the Government withdraws its derogations under the remaining Articles of the Convention and of Protocols thereto, and the provisions of the Convention are being fully executed again.
Period covered: 24/06/2020 -
Articles concerned : 2


ETS No.030
European Convention on Mutual Assistance in Criminal Matters

Declaration contained in a Note Verbale from the Permanent Representation of Albania, dated 27 July 2006, registered at the Secretariat General on 2 August 2006 – Or. Engl.

In accordance with Article 24 and for the purposes of the Convention, the Republic of Albania considers the following to be as the judicial authorities :

The Supreme Court
The Courts of Appeal
The Courts of First Instance
The General Prosecutor Office
The Prosecutor Offices at the Courts of Appeals
The Prosecutor Offices at the Courts of First Instance.
Period covered: 02/08/2006 -
Articles concerned : 24

Reservation contained in the instrument of ratification deposited on 4 April 2000 - Or. Engl.

The execution of letters rogatory for search or seizure of property shall be dependant on the conditions stipulated in Article 5, paragraph 1, letters “a” and “c”.
Period covered: 03/07/2000 -
Articles concerned : 5

Declaration contained in the instrument of ratification deposited on 4 April 2000 - Or. Engl.

In accordance with Article 16, paragraph 2, Albania declares that requests and annexed documents shall be accompanied by an official translation into one of the official languages of the Council of Europe, unless agreements concluded on the basis of reciprocity provide otherwise.
Period covered: 03/07/2000 -
Articles concerned : 16

Declaration contained in the instrument of ratification deposited on 4 April 2000 - Or. Engl.

In accordance with Article 15, paragraph 6, Albania declares that a copy of all requests for assistance which are communicated directly between judicial authorities, as well as of accompanying acts, shall be transmitted at the same time to its Ministry of Justice.
Period covered: 03/07/2000 -
Articles concerned : 15


ETS No.024
European Convention on Extradition

Reservation contained in the instrument of ratification deposited on 19 May 1998 - Or. Engl.

Relating to paragraph 1 of Article 7, the Albanian Party does not allow the extradition of the persons who have committed offences either in the Albanian territory or outside it, when the offence has injured the interests of the State or of the nationals, unless it is otherwise agreed with the interested Party.

This declaration is valid only in conditions of reciprocity.
Period covered: 17/08/1998 -
Articles concerned : 7

Declaration contained in the instrument of ratification deposited on 19 May 1998 - Or. Engl.

Relating to paragraph 1, sub-paragraph a, of Article 6, the Albanian Party refuses the extradition of its nationals, unless otherwise provided in the international agreements to which Albania is a Contracting Party.
Period covered: 17/08/1998 -
Articles concerned : 6

Declaration contained in the instrument of ratification deposited on 19 May 1998 - Or. Engl.

Relating to paragraph 1, sub-paragraph b, of Article 6, the Albanian Party includes in the term "nationals" the persons with double nationality, in case either of them is Albanian.
Period covered: 17/08/1998 -
Articles concerned : 6

Declaration contained in the instrument of ratification deposited on 19 May 1998 - Or. Engl.

Relating to paragraph 4, sub-paragraph a, of Article 21, the Albanian Party declares that prior notification is not necessary in cases of transit by air that does not schedule a landing in Albanian territory.
Period covered: 17/08/1998 -
Articles concerned : 21

Declaration contained in the instrument of ratification deposited on 19 May 1998 - Or. Engl.

Relating to paragraph 1 of Article 2 of the Convention, the Albanian Party has no minimum limits for the term of imprisonment for the effect of extradition. The Albanian Party considers this declaration as valid only in conditions of reciprocity.

This declaration is valid only in conditions of reciprocity.
Period covered: 17/08/1998 -
Articles concerned : 2

Declaration contained in the instrument of ratification deposited on 19 May 1998 - Or. Engl.

Relating to paragraph 2 of Article 19, the Albanian Party declares that when a person asked to be surrendered is serving a sentence for another offence, he or she, in the event of extradition, shall be permitted to serve the full sentence in the requesting country.

This declaration is valid only in conditions of reciprocity.
Period covered: 17/08/1998 -
Articles concerned : 19

Reservation contained in the instrument of ratification deposited on 19 May 1998 - Or. Engl.

Relating to paragraph 2 of Article 12, the Albanian Party presents the reservation that the request for extradition must be accompanied always by the original text, or authenticated copy of the applied law.
Period covered: 17/08/1998 -
Articles concerned : 12


ETS No.009
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

Withdrawal of Derogation contained in the Note Verbale No. 129/20 of the Permanent Representation of Albania, dated 24 June 2020, registered at the Secretariat General on 24 June 2020 - Or. Engl.

The Permanent Representation of Albania to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, informs that the emergency situation which necessitated a derogation from certain obligations under Article 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, ceased to exist. Consequently, pursuant to Article 15, paragraph 3, of the Convention, the Government withdraws the derogations from Article 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

The Permanent Representation of Albania to the Council of Europe recalls that on 31 March 2020, it informed the Secretary General of the Council of Europe that following the announcement of the World Health Organization, on 24 March 2020 the Government of the Republic of Albania declared an emergency situation in the entire territory of the Republic of Albania for 30 (thirty) days which was subsequently extended. On 12 May 2020, the Permanent Representation of Albania to the Council of Europe informed the Secretary General on the decision of the Government to extend the period of the emergency situation until 23 June 2020.

Considering that the Government has decided not to extend the emergency situation in Albania, the measures chosen to prevent further spread of the Covid-19 and the continuous threat it poses to public health, which necessitated a derogation under Articles 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol no.4 to the Convention for the Protection of Human Rights and Fundamental Freedoms ceased to operate on 23 June 2020. Accordingly, the Government withdraws its derogations under the remaining Articles of the Convention and of Protocols thereto, and the provisions of the Convention are being fully executed again.
Period covered: 24/06/2020 -
Articles concerned : 2, 1


ETS No.005
Convention for the Protection of Human Rights and Fundamental Freedoms

Withdrawal of Derogation contained in the Note Verbale No. 129/20 of the Permanent Representation of Albania, dated 24 June 2020, registered at the Secretariat General on 24 June 2020 - Or. Engl.

The Permanent Representation of Albania to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, informs that the emergency situation which necessitated a derogation from certain obligations under Article 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, ceased to exist. Consequently, pursuant to Article 15, paragraph 3, of the Convention, the Government withdraws the derogations from Article 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

The Permanent Representation of Albania to the Council of Europe recalls that on 31 March 2020, it informed the Secretary General of the Council of Europe that following the announcement of the World Health Organization, on 24 March 2020 the Government of the Republic of Albania declared an emergency situation in the entire territory of the Republic of Albania for 30 (thirty) days which was subsequently extended. On 12 May 2020, the Permanent Representation of Albania to the Council of Europe informed the Secretary General on the decision of the Government to extend the period of the emergency situation until 23 June 2020.

Considering that the Government has decided not to extend the emergency situation in Albania, the measures chosen to prevent further spread of the Covid-19 and the continuous threat it poses to public health, which necessitated a derogation under Articles 8 and 11 of the Convention, as well as Articles 1 and 2 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 2 of Protocol no.4 to the Convention for the Protection of Human Rights and Fundamental Freedoms ceased to operate on 23 June 2020. Accordingly, the Government withdraws its derogations under the remaining Articles of the Convention and of Protocols thereto, and the provisions of the Convention are being fully executed again.
Period covered: 24/06/2020 -
Articles concerned : 8, 15, 11

Withdrawal of derogation contained in a Note Verbale from the Ministry for Foreign Affairs of Albania, dated 26 July 1997, registered at the Secretariat General on 24 October 1997 - Or. Fr./Alb.

The Ministry for Foreign Affairs of the Republic of Albania presents its compliments to the Secretary General of the Council of Europe and, referring to the content of Article 15.3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, has the honour of informing him that the People's Assembly of the Republic of Albania, when adopting the Law No. 8225 of 24 July 1997 "On the lifting of the state of public emergency in the Republic of Albania", decided to put an end to the state of public emergency in the whole territory of the country. As from that date, all the measures taken in application of the state of public emergency have ceased to have effect.
Period covered: 24/07/1997 -
Articles concerned : 15


CETS No.214
Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms

Declaration contained in a Note Verbale from the Permanent Representation of Andorra to the Council of Europe, dated 14 May 2019, deposited with the instrument of ratification on 16 May 2019 - Or. Fr.

Pursuant to Article 10 of Protocol No.16 to the Convention for the Protection of Human Rights and Fundamental Freedoms, the Principality of Andorra declares that the courts designated for the purposes of Article 1, paragraph 1, of the Protocol are the Constitutional Court and the High Court of Justice.
Period covered: 01/09/2019 -
Articles concerned : 10


CETS No.210
Council of Europe Convention on preventing and combating violence against women and domestic violence

Declaration contained in a Communication from the Ministry of Foreign Affairs of Andorra, dated 9 January 2020, registered at the Secretariat General on 29 January 2020 – Or. Fr.

In accordance with Article 79, paragraph 3 (If a Party makes a reservation in conformity with Article 78, paragraphs 2 and 3, it shall provide, before its renewal or upon request, an explanation to GREVIO, on the grounds justifying its continuance.), the Government of Andorra wishes to inform that in cases where the prejudice is not covered by other mechanisms, Andorra considers that accepting its subsidiary responsibility and thus granting compensation to those who have suffered serious bodily injury or damage to health would create a disadvantage for victims of other crimes. Moreover, this subsidiary liability is not yet regulated in the domestic legal order.

This issue was debated in the General Council (Parliament) on 12 December 2019, on the initiative of the Member of Parliament Mrs Judith Salazar Alvarez, who presented the opposition to the renewal of this reservation. Finally, the Chamber granted the maintenance of this reservation with the commitment to make the necessary legislative changes in order to be able to withdraw the reservation to Article 30, paragraph 2, of the Convention as soon as possible. Accordingly, the Government of Andorra has decided to initiate a study of the laws that need to be amended for this purpose.

Moreover, domestic legislation already provides for a comprehensive protection system that includes, inter alia, social, health, psychological and legal assistance for victims.
Period covered: 29/01/2020 -
Articles concerned : 79

Reservation contained in instrument of ratification deposited on 22 April 2014 – Or. Fr.

In accordance with Article 78, paragraph 2, of the Convention, Andorra reserves the right not to apply the provisions laid down in Article 30, paragraph 2, of the Convention.

[Note by the Secretariat: The Principality of Andorra has informed the Secretary General of its intention to uphold wholly this reservation for a period of 5 years (Article 79 of the Convention):
- by a letter from the Permanent Representative of Andorra, dated 29 January 2020 and registered at the Secretariat General on 29 January 2020 – Or. Engl. (Period covered: from 1 August 2019 to 1 August 2024).]
Period covered: 01/08/2014 -
Articles concerned : 78, 30


CETS No.201
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse

Declaration contained in the instrument of ratification deposited on 30 April 2014 – Or. Fr.

Pursuant to Article 37, paragraph 2, of the Convention, Andorra designates as the single national authority in charge for the purposes of Article 37, paragraph 1, of the Convention, the following authority:

Ministère chargé de l’Intérieur(
Ctra. de l’Obac s/n
Obac Administrative Center
AD700 Escaldes-Engordany
Principality of Andorra
Phone: +376 872 080
Fax: +376 869 250
interior_gov@andorra.ad
Period covered: 01/08/2014 -
Articles concerned : 37

Reservation contained in the instrument of ratification deposited on 30 April 2014 – Or. Fr.

Pursuant to Article 24, paragraph 3, of the Convention, Andorra reserves the right not to apply paragraph 2 of Article 24 regarding the repression of the attempt to commit the offences established in accordance with the Convention, to the offences established in accordance with Article 21, paragraph 1 c, of the Convention.
Period covered: 01/08/2014 -
Articles concerned : 24


CETS No.196
Council of Europe Convention on the Prevention of Terrorism

Declaration contained in a Note verbale from the Permanent Representation of Andorra, dated 30 November 2010, registered at the Secretariat General on 6 December 2010 – Or. Fr.

The Principality of Andorra considers that, as long as it will not be a party to the International Convention for the Suppression of Acts of Nuclear Terrorism, adopted in New York, on 13 April 2005, the said Convention shall be deemed not to be included in the Appendix to the Council of Europe Convention on the Prevention of Terrorism in its application to Andorra.
Period covered: 06/12/2010 -
Articles concerned : 1


ETS No.185
Convention on Cybercrime

Reservation contained in a Note Verbale from the Ministry of Foreign Affairs of Andorra, dated 14 October 2016, deposited with the instrument of ratification on 16 November 2016 – Or. Fr.

In accordance with Article 9, paragraph 4, of the Convention, the Principality of Andorra reserves the right not to apply Article 9, paragraph 2.b, related to a person appearing to be a minor engaged in sexually explicit conduct, and also the right not to apply Article 9, paragraph 2.c, related to realistic images representing a minor engaged in sexually explicit conduct.
Period covered: 01/03/2017 -
Articles concerned : 9

Reservation contained in a Note Verbale from the Ministry of Foreign Affairs of Andorra, dated 14 October 2016, deposited with the instrument of ratification on 16 November 2016 – Or. Fr.

In accordance with Article 6, paragraph 3, of the Convention, the Principality of Andorra reserves the right not to apply Article 6, paragraph 1.a, on the procurement of devices for use and Article 6, paragraph 1.b, with respect to possession of any of the items referred to in subparagraphs a.i or a.ii.
Period covered: 01/03/2017 -
Articles concerned : 6

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Andorra, dated 14 October 2016, deposited with the instrument of ratification on 16 November 2016 – Or. Fr.

In accordance with Article 35 of the Convention, the Principality of Andorra designates as point of contact available on a twenty-four hour, seven-day-a-week basis the following Department:

Police Department
Edifici administratiu de l’Obac
AD700 Escaldes-Engordany

[Note by the Secretariat: For more information please contact the Executive Secretary of the Cybercrime Convention Committee, alexander.seger[at]coe.int.]
Period covered: 01/03/2017 -
Articles concerned : 35

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Andorra, dated 14 October 2016, deposited with the instrument of ratification on 16 November 2016 – Or. Fr.

In accordance with Article 29, paragraph 4, of the Convention, the Principality of Andorra declares that, in respect of offences other than those established in accordance with Articles 2 through 11 of the Convention, it will accept requests for mutual assistance aiming to order the preservation of stored computer data, as provided for in Article 16 of the Convention, only if the condition of dual criminality is fulfilled at the moment of the request.
Period covered: 01/03/2017 -
Articles concerned : 29

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Andorra, dated 14 October 2016, deposited with the instrument of ratification on 16 November 2016 – Or. Fr.

In accordance with Article 27, paragraph 2, of the Convention, the Principality of Andorra declares that the central authority responsible for sending and answering requests for mutual assistance and for their transmission to the authorities competent for their execution is:

The Ministry of Justice, Social and Interior affairs
Edifici administratiu de l’Obac
AD700 Escaldes-Engordany
Tel. +376 872 080
Fax: +376 869 250
E-mail: interior@govern.ad
Period covered: 01/03/2017 -
Articles concerned : 27

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Andorra, dated 14 October 2016, deposited with the instrument of ratification on 16 November 2016 – Or. Fr.

In accordance with Article 24, paragraph 7, of the Convention, the Principality of Andorra declares that, in the absence of a treaty, the authority responsible for making or receiving requests for extradition or provisional arrest is:

Service des Affaires générales et juridiques
Ministry for Foreign Affairs
Edifici administratiu del Govern
C/ Prat de la Creu, 62-64
AD500 Andorra la Vella
Tel. +376 875 704
Fax: +376 869 559
E-mail: exteriors@govern.ad
Period covered: 01/03/2017 -
Articles concerned : 24

Reservation contained in a Note Verbale from the Ministry of Foreign Affairs of Andorra, dated 14 October 2016, deposited with the instrument of ratification on 16 November 2016 – Or. Fr.

Pursuant to Article 2 of the Convention, the Principality of Andorra declares that it will incriminate the conducts provided for in Article 2 when committed with criminal intent in order to obtain data without being entitled thereto, to alter or damage data or programs of a computer system, or with any other criminal intent.
Period covered: 01/03/2017 -
Articles concerned : 2

Reservation contained in a Note Verbale from the Ministry of Foreign Affairs of Andorra, dated 14 October 2016, deposited with the instrument of ratification on 16 November 2016 – Or. Fr.

In accordance with Article 14, paragraph 3.a, of the Convention, the Principality of Andorra reserves the right to apply the measures provided for in Article 20 of the Convention only to major offenses as defined in the Criminal Code in force.
Period covered: 01/03/2017 -
Articles concerned : 14

Reservation contained in a Note Verbale from the Ministry of Foreign Affairs of Andorra, dated 14 October 2016, deposited with the instrument of ratification on 16 November 2016 – Or. Fr.

In accordance with Article 11, paragraph 3, of the Convention, the Principality of Andorra reserves the right not to apply Article 7 concerning certain forms of attempted computer-related forgery.
Period covered: 01/03/2017 -
Articles concerned : 11


ETS No.181
Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows

Declaration contained in the instrument of ratification deposited on 6 May 2008 - Or. Fr.

In accordance with Article 1, paragraph 1, of the Additional Protocol, Andorra designates the "Agència Andorrana de Protecció de Dades" as the authority competent for controlling and ensuring compliance with the measures in its domestic law giving effect to the Chapters II and III of the Convention.
Period covered: 01/09/2008 -
Articles concerned : 1


ETS No.173
Criminal Law Convention on Corruption

Reservation contained in the instrument of ratification deposited on 6 May 2008 - Or. Fr.

In accordance with Article 37, paragraph 1, of the Convention, Andorra declares that it will establish as a criminal offence the conduct referred to in Articles 7 and 8, in accordance with its domestic law, only when it will be qualified as such by the Criminal Code of the Principality of Andorra.

[Note by the Secretariat: The Government of Andorra has informed the Secretary General of its intention to uphold wholly this reservation for a period of 3 years (Article 38 of the Convention)
- By a letter from the Minister for Foreign Affairs of Andorra, dated 7 October 2011, registered at the Secretariat General on 24 October 2011 – Or. Fr.(Period covered: from 01/09/2011 to 01/09/2014),
- By a Note Verbale from the Permanent Representation of Andorra, dated 17 November 2014, registered at the Secretariat General on 21 November 2014 – Or. Fr.(Period covered: from 01/09/2014 to 01/09/2017),
- By a a Note Verbale from the Permanent Representation of Andorra, dated 3 April 2017, registered at the Secretariat General on 3 April 2017 – Or. Fr.(Period covered: from 01/09/2017 to 01/09/2020).

In accordance with Article 38, paragraph 2, of the Criminal Law Convention on Corruption, this reservation is considered to have been extended automatically for a period of six months, with an expiry on 1 March 2021.]
Period covered: 01/09/2008 -
Articles concerned : 8, 7, 37

Declaration contained in the instrument of ratification deposited on 6 May 2008 - Or. Fr.

In accordance with Article 29, paragraph 2, of the Convention, Andorra declares that it designates as central authority, in accordance with Article 29, paragraph 1, of the Convention :

Ministeri de Justícia i Interior
(Ministry of Justice and Interior)
Edifici administratiu de l'Obac
AD700 Escaldes-Engordany
Principat d'Andorra
Period covered: 01/09/2008 -
Articles concerned : 29


ETS No.165
Convention on the Recognition of Qualifications concerning Higher Education in the European Region

Declaration contained in the instrument of accession deposited with the Director General of UNESCO, on 22 April 2008 - Or. Fr.

In accordance with Article II, paragraph 2, of the Convention, Andorra declares that the competent authority to make decisions in recognition cases in the principality of Andorra is the Ministry in charge of Higher Education.
Period covered: 01/06/2008 -
Articles concerned : II.2


ETS No.163
European Social Charter (revised)

Declaration contained in a Note Verbale from the Permanent Representation of Andorra, handed to the Secretary General at the time of deposit of the instrument of ratification, on 12 November 2004 - Or. Fr.

In accordance with Part III, Article A, of the Charter, the Principality of Andorra declares to be bound by the following Articles and paragraphs of Part II of the Charter :

Article 1 – the right to work (paragraphs 1-4)
Article 2 - the right to just conditions of work (paragraphs 1-7)
Article 3 - the right to safe and healthy working conditions (paragraphs 1-4)
Article 4 – the right to a fair remuneration (paragraphs 1-5)
Article 5 – the right to organize
Article 7 – the right of children and young persons to protection (paragraphs 1-10)
Article 8 – the right of employed women to protection of maternity (paragraphs 1-5)
Article 9 – the right to vocational guidance
Article 10 - the right to vocational training (paragraphs 1-5)
Article 11 – the right to protection of health (paragraphs 1-3)
Article 12 – the right to social security (paragraphs 1-4)
Article 13 – the right to social and medical assistance (paragraphs 1-4)
Article 14 – the right to benefit from social welfare services (paragraphs 1-2)
Article 15 – the right of persons with disabilities to independence, social integration and participation in the life of the community (paragraphs 1-3)
Article 17 – The right of children and young persons to social, legal and economic protection (paragraphs 1-2)
Article 18 – The right to engage in a gainful occupation in the territory of other Parties (paragraph 4)
Article 19 – The right of migrant workers and their families to protection and assistance (paragraphs 1, 3, 5, 7, 9, 11, 12)
Article 20 – The right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex
Article 23 – The right of elderly persons to social protection
Article 26 – The right to dignity at work (paragraphs 1-2)
Article 30 – The right to protection against poverty and social exclusion
Article 31 – The right to housing (paragraphs 1-2).
Period covered: 01/01/2005 -
Articles concerned : A

Declaration contained in a letter from the Minister for External Relations of Andorra, dated 2 November 2000, handed to the Secretary General at the time of signature of the instrument on 4 November 2000 - Or. Fr.

The Government of the Principality of Andorra wishes this act of signature to be interpreted as a sign in favour of European solidarity. With the signature of the European Social Charter (revised), the Principality of Andorra joins the majority of member States of the Council of Europe which have recognised the Charter's principles. Nevertheless, the particular structure of the Andorran society and economy commit the Principality of Andorra to protect the essential elements of its specificity, and in this view, some articles of the European Social Charter (revised) seem to present difficulties for an immediate ratification.
Articles concerned : -


ETS No.141
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime

Reservation contained in the instrument of ratification and in a letter from the Permanent Representative of Andorra, dated 28 July 1999, handed to the Secretary General at the time of deposit of the instrument of ratification, on 28 July 1999 - Or. Fr./Cat.

In accordance with Article 6, paragraph 4, the Andorran State declares that paragraph 1 of Article 6 applies only to predicate offences or categories of such offences provided for in Andorran national legislation concerning the laundering of money or values derived from crime.
Period covered: 01/11/1999 -
Articles concerned : 6

Reservation contained in the instrument of ratification and in a letter from the Permanent Representative of Andorra, dated 28 July 1999, handed to the Secretary General at the time of deposit of the instrument of ratification, on 28 July 1999 - Or. Fr./Cat.

In accordance with paragraph 2 of Article 32, information or evidence provided by the Andorran State under this chapter may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.
Period covered: 01/11/1999 -
Articles concerned : 32

Reservation contained in the instrument of ratification and in a letter from the Permanent Representative of Andorra, dated 28 July 1999, handed to the Secretary General at the time of deposit of the instrument of ratification, on 28 July 1999 - Or. Fr./Cat.

In accordance with Article 25, paragraph 3, the documents sent to the Andorran State should be drafted in or translated into Catalan, Spanish, French or English.
Period covered: 01/11/1999 -
Articles concerned : 25

Declaration contained in the instrument of ratification and in a letter from the Permanent Representative of Andorra, dated 28 July 1999, handed to the Secretary General at the time of deposit of the instrument of ratification, on 28 July 1999 - Or. Fr./Cat.

In accordance with Article 23, paragraph 2, the central authority is:
Administration of Justice or the President of the «Batllia»
Edifici de les Columnes
Avinguda Tarragona
Andorra la Vella
Principat d''Andorra

Tel : 861 661
Fax : 867 661
Period covered: 01/11/1999 -
Articles concerned : 23

Reservation contained in the instrument of ratification and in a letter from the Permanent Representative of Andorra, dated 28 July 1999, handed to the Secretary General at the time of deposit of the instrument of ratification, on 28 July 1999 - Or. Fr./Cat.

In accordance with Article 21, paragraph 2, the Andorran State declares that service of judicial documents can be effected only through the central authority, which is the Administration of Justice or the President of the “Batllia”.
Period covered: 01/11/1999 -
Articles concerned : 21

Reservation contained in the instrument of ratification and in a letter from the Permanent Representative of Andorra, dated 28 July 1999, handed to the Secretary General at the time of deposit of the instrument of ratification, on 28 July 1999 - Or. Fr./Cat. and partialy withdrawn in a Note verbale from the Permanent Representation of the Principality of Andorra, dated 3 June 2013, registered at the Secretariat General on 5 June 2013 – Or. Engl.

According to the commitments derived from the Monetary Agreement signed between the Principality of Andorra and the European Commission, the Government of Andorra has decided to amend the reservation formulated with regards to Article 2, paragraph 2, of the Convention, contained in the instrument of ratification deposited before the Secretary General of the Council of Europe on 28 July 1999. The reservation should now read as follows:

In accordance with Article 2, paragraph 2, the Andorran State declares that paragraph 1 of Article 2 applies only to criminal offences or to categories of criminal offences provided for in Andorran national legislation which have a maximum penalty of loss of liberty exceeding one year and do not constitute a tax offence.

Note by the Secretariat : The reservation made on 28 July 1999 read as follows :
"In accordance with Article 2, paragraph 2, the Andorran State declares that paragraph 1 of Article 2 applies only to criminal offences or to categories of criminal offences provided for in Andorran national legislation concerning the laundering of money or values derived from crime."
Period covered: 01/11/1999 -
Articles concerned : 2

Reservation contained in the instrument of ratification and in a letter from the Permanent Representative of Andorra, dated 28 July 1999, handed to the Secretary General at the time of deposit of the instrument of ratification, on 28 July 1999 - Or. Fr./Cat.

In accordance with Article 14, paragraph 3, the Andorran State declares that paragraph 2 of Article 14 applies only subject to its constitutional principles and the basic concepts of the Andorran legal system.
Period covered: 01/11/1999 -
Articles concerned : 14

Declaration contained in the instrument of ratification and in a letter from the Permanent Representative of Andorra, dated 28 July 1999, handed to the Secretary General at the time of deposit of the instrument of ratification, on 28 July 1999 - Or. Fr./Cat.

As the legal system of Andorra contains already almost all the measures referred to in the Convention of Strasbourg, accession to the said Convention implies for the Andorran State only slight adaptations of its legal system which will be taken into consideration during future legislative reforms. As concerns the respect of rights and obligations resulting from the accession to this Convention, without relinquishing the specific characteristics of the internal legislation, particularly concerning the protection of individual freedoms and the rights of third parties in good faith, and concerning the protection of the national sovereignty and the general interest, Andorra undertakes to respect the obligations between States provided for in the Convention of Strasbourg for the fight against the laundering of money and values derived from crime, and to collaborate, through its judicial authorities and in the framework of reciprocity, with the other States respecting the provisions of the Convention.
Period covered: 01/11/1999 -
Articles concerned : -


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 25 August 2016 - Or. Fr.

In accordance with Article 9, paragraph 3, of the Convention, the Principality of Andorra declares that it will, as a general rule, not accept requests to allow representatives of the competent authority of the applicant State to be present at the appropriate part of a tax examination in the Principality of Andorra.
Period covered: 01/12/2016 -
Articles concerned : 9

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 25 August 2016 - Or. Fr.

In accordance with Article 4, paragraph 3, of the Convention, the Principality of Andorra may inform the persons concerned before transmitting information to a Party pursuant to Articles 5 and 7 of the Convention.
Period covered: 01/12/2016 -
Articles concerned : 4

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 25 August 2016 - Or. Fr.

In accordance with Article 30, paragraph 1.a, of the Convention, the Principality of Andorra will not provide any form of administrative assistance in relation to the taxes of other Parties referred to in Article 2, paragraph 1.b, of the Convention.

In accordance with Article 30, paragraph 1.b, of the Convention, the Principality of Andorra will not provide any form of administrative assistance in the recovery of tax claims, or in the recovery of administrative fines, for all taxes listed in Article 2, paragraph 1, of the Convention.

In accordance with Article 30, paragraph 1.c, of the Convention, the Principality of Andorra will not provide assistance in respect of any tax claim which was in existence at the date of entry into force of the Convention in respect of the Principality of Andorra.

The Principality of Andorra will not provide assistance in respect of any tax claim which was in existence at the date of withdrawal of a reservation made under Article 30, paragraphs 1.a or 1.b, of the Convention.

In accordance with Article 30, paragraph 1.d, of the Convention, the Principality of Andorra will not provide assistance in the service of documents for all taxes listed in Article 2, paragraph 1, of the Convention.

In accordance with Article 30, paragraph 1.f, of the Convention, the Principality of Andorra declares that, for tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant Party the provisions of this Convention shall apply for administrative assistance related to taxable periods beginning on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of the Principality of Andorra, or, where there is no taxable period, for administrative assistance related to charges to tax arising on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of the Principality of Andorra.
Period covered: 01/12/2016 -
Articles concerned : 30

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 25 August 2016 - Or. Fr.

ANNEX B - Competent authorities

In Andorra, the term "competent authority" means the Minister of Finance or his authorised representative.
Period covered: 01/12/2016 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 25 August 2016 - Or. Fr.

ANNEX A - Taxes to which the Convention would apply

Article 2, paragraph 1.a.i - Taxes on income or profits
- Corporation tax;
- Tax on income of individuals;
- Income tax of economic activities;
- Income tax on income of non-residents in Andorra

Article 2, paragraph 1.a.ii - Taxes on capital gains which are imposed separately from the tax on income or profits
- Tax on capital gain on real estate capital transfer.

Article 2, paragraph 1.a.iii - Taxes on net wealth
- None
Period covered: 01/12/2016 -
Articles concerned : 2


ETS No.122
European Charter of Local Self-Government

Declaration contained in the instrument of ratification deposited on 23 March 2011 - Or. Fr.

In accordance with Article 12, paragraph 2, of the Charter, the Principality of Andorra declares itself bound by the following Articles and paragraphs :

Article 2;
Article 3: paragraphs 1 and 2;
Article 4: paragraphs 1, 2, 3, 4, 5 and 6;
Article 5;
Article 6: paragraphs 1 and 2;
Article 7: paragraphs 1, 2 and 3;
Article 8: paragraphs 1, 2 and 3;
Article 9: paragraphs 1, 3, 4, 6 and 7;
Article 10: paragraphs 1, 2 and 3;
Article 11.
Period covered: 01/07/2011 -
Articles concerned : 12


ETS No.112
Convention on the Transfer of Sentenced Persons

Declaration contained in a letter from the Minister for Foreign Affairs of Andorra, dated 5 July 2013, transmitted by a Note verbale from the Permanent Representation of Andorra dated 15 July 2013, registered at the Secretariat General on 16 July 2013 - Or. Fr.

The Government of Andorra declares that the Andorran Parliament (Consell General) has approved the withdrawal of the declaration made at the time of ratification in accordance with Article 5, paragraph 3, of the Convention.

Therefore, pursuant to Article 5, paragraph 2, of the Convention, requests for transfer shall be addressed directly to the Ministry of Justice of the Principality of Andorra (Ctra. de l’Obac, s/n – Edif. administratiu de l’Obac AD700 Escaldes-Engordany. Tel.: +376.872.080).
Period covered: 16/07/2013 -
Articles concerned : 5

Declaration contained in the instrument of ratification deposited on 13 July 2000 - Or. Fr.

The Principality of Andorra declares, in accordance with Article 5, paragraph 3, that requests for transfer shall be dispatched and received by the Ministry for External Relations.
Period covered: 01/11/2000 -
Articles concerned : 5

Declaration contained in the instrument of ratification deposited on 13 July 2000 - Or. Fr.

The Principality of Andorra declares that, in accordance with Article 3, paragraph 3, it excludes the application of the procedure provided for in Article 9.1.b, when it is the administering State.

The Principality of Andorra declares, in accordance with Article 3, paragraph 4, that the term “national” means any person having Andorran nationality at the time of the commission of the facts, in accordance with the lei qualificada [Law which, to be passed, requires a higher majority than other laws] on Andorran nationality.
Period covered: 01/11/2000 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 13 July 2000 - Or. Fr.

The Principality of Andorra declares, in accordance with Article 17, paragraph 3, that requests for transfer and the supporting documents shall be accompanied by a translation into either Catalan, Spanish or French.
Period covered: 01/11/2000 -
Articles concerned : 17


ETS No.108
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Declaration contained in the instrument of ratification deposited on 6 May 2008 - Or. Fr.

In accordance with Article 3, paragraph 2, subparagraph a, of the Convention, Andorra declares that it does not apply the Convention to the following personal data :

a. Personal data relating to State security and to the investigation and prevention of criminal offences.
b. Datas concerning individuals and related to their entrepreneurial, professional and commercial activity.
c. Public registers specifically regulated by Law in Andorra, the regulation applicable to bank confidentiality as well as regulatory rules on professional confidentiality.
Period covered: 01/09/2008 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 6 May 2008 - Or. Fr.

In accordance with Article 3, paragraph 2, subparagraph b, of the Convention, Andorra declares that it will apply the Convention to personal data files which are not processed automatically and which are subjected to provisions under Andorra's domestic law.
Period covered: 01/09/2008 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 6 May 2008 - Or. Fr.

In accordance with Article 13, paragraph 2, of the Convention, Andorra designates as competent authority to render mutual assistance between the Parties :

Agència Andorrana de Protecció de Dades
(Agence andorrane pour la protection des données)

C/Prat de la Creu, 59-65
AD500 Andorra la Vella
Principat d'Andorra
Tel. (+376) 808115
Period covered: 01/09/2008 -
Articles concerned : 13


ETS No.105
European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children

Reservation contained in the instrument of ratification deposited on 23 March 2011 - Or. Fr.

In accordance with Article 27 and pursuant to various provisions of Article 6 of the Convention, the Principality of Andorra will only accept communications addressed to its central authority that shall be made into the Catalan language (Article 6.1.a) or into the French language (Article 6.1.b), or accompanied by a translation into one of these languages.
Period covered: 01/07/2011 -
Articles concerned : 6, 27

Reservation contained in the instrument of ratification deposited on 23 March 2011 - Or. Fr.

In accordance with the provisions of Article 27, paragraph 1, and pursuant to Article 17, paragraph 1, of the Convention, the Principality of Andorra declares that it reserves its right, in the cases provided for by Articles 8 and 9, to refuse the recognition and enforcement of decisions concerning child custody for any grounds specified in Article 10, paragraph 1, of the Convention.
Period covered: 01/07/2011 -
Articles concerned : 27, 17

Declaration contained in the instrument of ratification deposited on 23 March 2011 - Or. Fr.

In accordance with the provisions of Article 2 of the Convention, the Principality of Andorra designates the following central authority to implement the obligations imposed by the Convention:

Département de l'Intérieur
Carretera de l'Obac s/n. Edifici administratiu de l'Obac
Tel.: +376 872080
Fax: +376 869250
Period covered: 01/07/2011 -
Articles concerned : 2


ETS No.080
Agreement on the Transfer of Corpses

Declaration contained in the instrument of ratification deposited on 9 February 2007 - Or. Fr.

In accordance with Article 8 of the Agreement, the Principality of Andorra declares that the competent authority referred to in Article 3, paragraph 1, in Article 5 and in Article 6, paragraphs 1 and 3, of the Agreement is the "Service de Médecine Légale du Département de Médecine Légale du ministère chargé de la justice et de l'intérieur".
Period covered: 10/03/2007 -
Articles concerned : 8


ETS No.030
European Convention on Mutual Assistance in Criminal Matters

Declaration contained in the instrument of ratification deposited on 26 April 2005 - Or. Fr.

For the purposes of Article 7, paragraph 3, the Principality of Andorra declares that service of a summons on an accused person in a criminal procedure who is in its territory should be transmitted to the Andorran authorities at least 30 days before the date set for the appearance of this person.

The Principality of Andorra declares also that, when the subject of a letter rogatory includes a summons to appear in court as person charged, injured party, expert or witness, the summons can be made by a registered letter if the law of the requesting State authorises it.
Period covered: 25/07/2005 -
Articles concerned : 7

Reservation contained in the instrument of ratification deposited on 26 April 2005 - Or. Fr.

In accordance with Article 5 of the Convention, the Principality of Andorra reserves the ability to submit the execution of letters rogatory, for the purposes of search or seizure of objects, to the conditions provided for by Article 5, paragraph 1, sub-paragraphs a and c, of the Convention.
Period covered: 25/07/2005 -
Articles concerned : 5

Declaration contained in the instrument of ratification deposited on 26 April 2005 - Or. Fr.

In accordance with Article 24, the Principality of Andorra declares that it considers as judicial authorities of the Principality of Andorra for the purposes of this Convention, the following authorities :

- the Higher Court of Justice of Andorra;
- the Court of Corts (Court with exclusively criminal competences);
- The President of the Court of Corts;
- The Court of Batlles (Court of first instance);
- The Batlle (the judge);
- The Prosecutor General;
- The Deputy Prosecutor.
Period covered: 25/07/2005 -
Articles concerned : 24

Reservation contained in the instrument of ratification deposited on 26 April 2005 - Or. Fr.

Concerning Article 22 of the Convention, the Principality of Andorra declares that, due to the internal organisation and the functioning of the register of judicial records, the authorities responsible for keeping the register of judicial records are not able to guarantee a systematical exchange of information concerning decisions to convict contained in these registers.

Nevertheless, upon the previous request of the foreign judicial authority who is competent for a specific criminal procedure, these authorities will deliver the extracts of judicial records of foreigners not residing in the Principality of Andorra and of residents having been charged or summoned to appear in court as the accused.
Period covered: 25/07/2005 -
Articles concerned : 22

Declaration contained in the instrument of ratification deposited on 26 April 2005 - Or. Fr.

The Principality of Andorra declares that in case of urgency, information referred to in Article 21 can be addressed simultaneously to the Ministry of Justice and of Interior and to the Public Prosecutor of the Principality of Andorra accompanied by all the necessary information for the procedure brought into action.
Period covered: 25/07/2005 -
Articles concerned : 21

Reservation contained in the instrument of ratification deposited on 26 April 2005 - Or. Fr.

Regarding Article 2 of the Convention, the Principality of Andorra reserves the right to grant mutual assistance in pursuance of the Convention at the express condition that the results of inquiries as well as information contained in the documents and files transmitted cannot, without its prior consent, be used or transmitted by the authorities of the requesting Party for purposes (of investigations or procedures) different from those indicated in the request.
Period covered: 25/07/2005 -
Articles concerned : 2

Reservation contained in the instrument of ratification deposited on 26 April 2005 - Or. Fr.

Regarding Article 2 ot the Convention, the Principality of Andorra reserves the right to refuse a request for mutual assistance:

a) if the criminal offences upon which a letter rogatory is based are not punished by the Andorran Law as criminal offences;
b) if the person subject of the request has been convicted by a final judgment in the Principality of Andorra and that he/she has served his/her sentence or if he/she has been acquitted in Andorra for the same facts.
Period covered: 25/07/2005 -
Articles concerned : 2

Declaration contained in the instrument of ratification deposited on 26 April 2005 - Or. Fr.

The Principality of Andorra declares that, in accordance with Article 16, paragraph 2, the requests and the annexed documents, should be addressed to the Andorran authorities accompanied by a translation into Catalan, Spanish or French.
Period covered: 27/05/2005 -
Articles concerned : 16

Declaration contained in the instrument of ratification deposited on 26 April 2005 - Or. Fr.

Taking into account what is stipulated in Article 15, paragraph 6, the Principality of Andorra declares the following:

A copy of the letters rogatory referred to in Article 15, paragraph 2 and of the requests for a preliminary investigation mentioned by Article 15, paragraph 4, shall be transmitted to the Ministry of Justice and of Interior of the Government of Andorra.

In case of urgency, the Andorran judicial authorities will return the letters rogatory, executed or not according to the case, to the authorities indicated in Article 15, without prejudice to the fact that, simultaneously, they may be transmitted through Interpol or handed over to the authorities of the requesting State expressly entitled thereto.
Period covered: 25/07/2005 -
Articles concerned : 15

Reservation contained in the instrument of ratification deposited on 26 April 2005 - Or. Fr.

With respect to Article 13 of the Convention, the Principality of Andorra reserves the ability to submit the communication of extracts from judicial records of a person residing in the Principality of Andorra to the condition that he/she has been indicted or summoned to a judgment as the accused.
Period covered: 25/07/2005 -
Articles concerned : 13


ETS No.024
European Convention on Extradition

Declaration contained in the instrument of ratification deposited on 13 October 2000 - Or. Fr./Cat.

Article 14, paragraph 1, of the Law "qualificada" on Extradition prohibits the extradition of persons having the Andorran nationality. For the purposes of this Convention, the term "national" means any person having the Andorran nationality at the time of the commission of the facts in accordance with the provisions of the Law "qualificada" on Andorran nationality.
Period covered: 11/01/2001 -
Articles concerned : 6

Declaration contained in the instrument of ratification deposited on 13 October 2000 - Or. Fr./Cat.

The Principality of Andorra will require the requesting Party to supply a translation of the request for extradition and all accompanying documents into Catalan, Spanish or French.
Period covered: 11/01/2001 -
Articles concerned : 23

Declaration contained in the instrument of ratification deposited on 13 October 2000 - Or. Fr./Cat.

The Principality of Andorra will only grant transit when all the conditions required for the granting of extradition are fulfilled in accordance with this Convention.
Period covered: 11/01/2001 -
Articles concerned : 21

Declaration contained in the instrument of ratification deposited on 13 October 2000 - Or. Fr./Cat.

In the case of a request for provisional arrest, the Principality of Andorra shall require, as complementary information, a short statement of the facts alleged against the person sought.
Period covered: 11/01/2001 -
Articles concerned : 16

Reservation contained in the instrument of ratification deposited on 13 October 2000 - Or. Fr./Cat.

The Principality of Andorra reserves itself the right to require the requesting Party to produce evidence establishing a sufficient presumption that the offence was committed by the person whose extradition is requested. Should such evidence be deemed insufficient, extradition may be refused.
Period covered: 11/01/2001 -
Articles concerned : 12

Declaration contained in the instrument of ratification deposited on 13 October 2000 - Or. Fr./Cat.

Article 8, paragraph 3, of the Constitution of the Principality of Andorra prohibits the death penalty. When the offence for which the extradition is requested may be punishable by death under the law of the requesting Party, the Principality of Andorra shall refuse extradition, unless the requesting Party gives such assurance as considered sufficient by the requested Party that the death penalty will not be executed.
Period covered: 11/01/2001 -
Articles concerned : 11

Reservation contained in the instrument of ratification deposited on 13 October 2000 - Or. Fr./Cat.

The Constitution of the Principality of Andorra prohibits special courts in its Article 85, paragraph 2., Extradition shall therefore not be granted in cases if the person sought would be tried in the requesting State by a special court or if extradition is requested for the enforcement of a sentence or detention order imposed by such a court.

In the same way, and pursuant to Article 14, paragraphs 12, 13, 14 and 15 of the Law "qualificada" of the Principality of Andorra [Law which, to be passed, requires a higher majority than other laws], extradition shall not be granted :

a. when the sentence is based on a manifest error;
b. when extradition is likely to have consequences of an exceptional gravity for the person sought, particularly by reason of his or her age or state of health;
c. when the person sought would be tried in the requesting State by a tribunal which does not assure the fundamental procedural guarantees and the protection of the rights of the defence or by a tribunal created for that person's particular case, as the only person concerned or not.
Period covered: 11/01/2001 -
Articles concerned : 1


ETS No.009
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

Declaration contained in the instrument of ratification deposited on 6 May 2008 - Or. Fr.

Considering the historical reality of the principality of Andorra, of Catholic tradition, with a Coprince being a bishop since the XIIIth century, the actual legislation on education (Article 30, paragraph 3, of the Constitution of the principality of Andorra; Article 10 of the Organic Law on education and Article 19 of the Law on the prioritization of the Andorran instructive system) allows to give Catholic religion lessons in all educational centres, on an optional basis, outside the scholastic timetable. Other religions can offer their study in the educational centres, outside the scholastic timetable, with the approval of the Government and the education representatives and without implicating public expenditures.
Period covered: 06/05/2008 -
Articles concerned : 2


ETS No.005
Convention for the Protection of Human Rights and Fundamental Freedoms

Reservation contained in the instrument of ratification, deposited on 22 January 1996 - Or. Cat./Fr.

The provisions of Article 5 of the Convention relating to deprivation of liberty shall apply without prejudice to what is laid down in Article 9, paragraph 2, of the Constitution of the Principality of Andorra.

Article 9, paragraph 2, of the Constitution states:

"Police custody shall take no longer then the time needed to carry out the enquiries in relation to the clarification of the case, and in all cases the detained shall be brought before the judge within 48 hours."
Period covered: 22/01/1996 -
Articles concerned : 5

Reservation contained in the instrument of ratification, deposited on 22 January 1996 - Or. Cat./Fr.

The provisions of Article 15 of the Convention concerning a time of war or public emergency shall be applied within the limits provided for in Article 42 of the Constitution of the Principality of Andorra.

Article 42 of the Constitution states:

"1. A Llei Qualificada shall regulate the states of alarm and emergency. The former may be declared by the Govern in the event of natural catastrophe, for a term of fifteen days, notifying the Consell General. The latter shall be declared by the Govern for a term of thirty days in the case of interruption of the normal functioning of democratic life and this shall require the previous authorization of the Consell General. Any extension of these states requires the necessary approval of the Consell General.

2. In the event of the state of alarm the exercise of the rights recognised in Articles 21 and 27 may be limited. In the event of the state of emergency the rights covered by Articles 9.2, 12, 15, 16, 19 and 21 may be suspended. The suspension of the rights covered by Articles 9.2 and 15 must be always carried on under the control of the judiciary notwithstanding the procedure of protection established in Article 9, paragraph 3."
Period covered: 22/01/1996 -
Articles concerned : 15

Reservation contained in the instrument of ratification, deposited on 22 January 1996 - Or. Cat./Fr.

The provisions of Article 11 of the Convention relating to the right to form employers', professional and trade-union associations shall be applied to the extent that they are not in conflict with what is laid down in Articles 18 and 19 of the Constitution of the Principality of Andorra.

Article 18 of the Constitution states:

"The right to form and maintain employers', professional and trade-union associations shall be recognised. Without prejudice to their links with international institutions, these organisations shall operate within the limits of Andorra, shall have their own autonomy without any organic dependence on foreign bodies and shall function democratically."

Article 19 of the Constitution states:

"Workers and employers have the right to defend their own economic and social interests. A law shall regulate the conditions to exercise this right in order to guarantee the functioning of the services essential to the community."
Period covered: 22/01/1996 -
Articles concerned : 11

General declaration contained in the instrument of ratification, deposited on 22 January 1996 - Or. Cat./fr.

The Government of the Principality of Andorra, while resolutely committing itself not to provide or authorise any derogation from obligations assumed, believes that it is necessary to emphasise that the fact that it forms a State with limited territorial dimensions requires it to pay special attention to problems of residence, work and other social measures in respect of foreigners, even if these questions are not covered by the Convention for the Protection of Human Rights and Fundamental Freedoms.
Period covered: 22/01/1996 -
Articles concerned : -


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 16 October 2018 - Or. Engl.

Antigua and Barbuda ratifies the Convention with the following declaration:

ANNEX B - Competent authorities

The Commissioner of the Inland Revenue Department or his authorised representative.
Period covered: 01/02/2019 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 16 October 2018 - Or. Engl.

ANNEX C - Definition of the word "national" for the purpose of the Convention

The term “national” in relation to Antigua and Barbuda means:
i. all individuals possessing the nationality of Antigua and Barbuda, and
ii. all legal persons, partnerships, associations and other entities deriving their status as such from the laws in force in Antigua and Barbuda.
Period covered: 01/02/2019 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 16 October 2018 - Or. Engl.

Antigua and Barbuda ratifies the Convention with the following declaration:

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information.
Period covered: 01/02/2019 -
Articles concerned : 28

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 16 October 2018 - Or. Engl.

Antigua and Barbuda ratifies the Convention with the following declaration:

ANNEX A – Taxes to which the Convention would apply

Article 2, paragraph 1.a.i: Income Tax.
Article 2, paragraph 1.a.ii: None.
Article 2, paragraph 1.a.iii: Income Tax.
Article 2, paragraph 1.b.i: Income Tax.
Article 2, paragraph 1.b.ii: Social Security Tax.
Article 2, paragraph 1.b.iii.A: Stamp Duty.
Article 2, paragraph 1.b.iii.B: Property Tax.
Article 2, paragraph 1.b.iii.C: Antigua and Barbuda Sales Tax.
Article 2, paragraph 1.b.iii.D: Customs Tax.
Article 2, paragraph 1.b.iii.E: Transport Board Tax.
Article 2, paragraph 1.b.iii.F: Property Tax.
Article 2, paragraph 1.b.iii.G: None.
Period covered: 01/02/2019 -
Articles concerned : 2


ETS No.185
Convention on Cybercrime

Reservation contained in the instrument of accession, received and registered at the Secretariat General on 5 June 2018 – Or. Fr.

The Argentine Republic makes a reservation to Articles 9.1.d, 9.2.b and 9.2.c of the Convention on Cybercrime and declares that they are not transposable to its jurisdiction because they contain anticipatory assumptions inconsistent with the Criminal Code in force, in accordance with the reform introduced by Law 26.38.
Period covered: 01/10/2018 -
Articles concerned : 9

Reservation contained in the instrument of accession, received and registered at the Secretariat General on 5 June 2018 – Or. Fr., and withdrawn by a letter from the Minister of External Relations and Faith of Argentina, dated 12 July 2018, registered at the Secretariat General on 30 July 2018 – Or. Span.

The Argentine Republic makes a partial reservation to Article 9.1.e of the Convention on Cybercrime and declares that it’s not transposable to its jurisdiction because, in accordance with the legislation in force until this date, this article is only applicable when the manifest purpose of the possession in question is the distribution or commercialisation (Article 128, second paragraph, of the Criminal Code).
Articles concerned : 9

Reservation contained in the instrument of accession, received and registered at the Secretariat General on 5 June 2018 – Or. Fr.

The Argentine Republic makes a reservation to Article 6.1.b of the Convention on Cybercrime and declares that it’s not transposable to its jurisdiction because it contains an anticipatory assumption of the sanction since preparatory actions are established as criminal offences, which is unknown in Argentina’s legislative tradition in criminal legal matters.
Period covered: 01/10/2018 -
Articles concerned : 6

Reservation contained in the instrument of accession, received and registered at the Secretariat General on 5 June 2018 – Or. Fr.

The Argentine Republic makes a reservation to Article 29.4 of the Convention on Cybercrime and declares that it’s not transposable to its jurisdiction because the requirement of dual criminality is one of the fundamental bases of the Law on International Cooperation in Criminal Matters No. 24.767 for the kind of cooperation measures provided for in the article and paragraph mentioned.
Period covered: 01/10/2018 -
Articles concerned : 29

Declaration contained in the instrument of accession, received and registered at the Secretariat General on 5 June 2018 – Or. Fr.

In accordance with the provisions of Article 27.2.c of the Convention, the Government of Argentina designates as responsible authority the Directorate for International Mutual Legal Assistance of the Ministry of Foreign Affairs and Worship of the Argentine Republic.
Period covered: 01/10/2018 -
Articles concerned : 27

Declaration contained in the instrument of accession, received and registered at the Secretariat General on 5 June 2018 – Or. Fr.

In accordance with the provisions of Article 24.7 of the Convention, the Government of Argentina designates as responsible authority the Directorate for International Mutual Legal Assistance of the Ministry of Foreign Affairs and Worship of the Argentine Republic.
Period covered: 01/10/2018 -
Articles concerned : 24

Reservation contained in the instrument of accession, received and registered at the Secretariat General on 5 June 2018 – Or. Fr.

The Argentine Republic makes a reservation to Article 22.1.d of the Convention on Cybercrime and declares that it’s not transposable to its jurisdiction because its content differs from the rules governing the definition of national criminal jurisdiction.
Period covered: 01/10/2018 -
Articles concerned : 22


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Declaration transmitted by the Embassy of the Argentine Republic in France to the Secretariat General of the OECD on 31 October 2018 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on the Exchange of Country-by-Country reports.
Period covered: 31/10/2018 -
Articles concerned : 28

Declaration transmitted by the Embassy of the Argentine Republic in France to the Secretariat General of the OECD on 4 October 2018 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information.
Period covered: 04/10/2018 -
Articles concerned : 28

Reservation contained in the instrument of ratification deposited with the Secretary General of OECD on 13 September 2012 - Or. Engl.

The Argentine Republic shall not provide any type of assistance in relation to the taxes of the other Parties as mentioned in Article 2, paragraph 1, sub-paragraphs b.i or b.iv, of the Convention according to Article 30, paragraph 1.a, of the Convention.
Period covered: 01/01/2013 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of OECD on 13 September 2012 - Or. Engl.

The Argentine Republic shall not provide assistance in the collection of tax claims or in the collection of administrative fines, for all the taxes, according to the provisions of Articles 11 and 12 of the Convention.
Period covered: 01/01/2013 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of OECD on 13 September 2012 - Or. Engl.

The Argentine Republic shall not provide assistance for the notification and the transfer of documents for any tax, according to the provisions of Article 17 of the Convention.
Period covered: 01/01/2013 -
Articles concerned : 30

Declaration contained in the instrument of ratification deposited with the Secretary General of OECD on 13 September 2012 - Or. Engl.

ANNEX B – Competent Authorities

The Argentine Republic declares that the competent authority, with the powers mentioned in Article 3, paragraph 1.d, of the Convention, is the Federal Administration of Public Revenue.
Period covered: 01/01/2013 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of OECD on 13 September 2012 - Or. Engl.

Argentina ratifies the Convention with the following declaration:

ANNEX A – Taxes to which the Convention would apply:

Article 2, paragraph 1.a.i: Income Tax.

Article 2, paragraph 1.b.ii: Contributions to Social Security.

Article 2, paragraph 1.b.iii. A: Tax on Personal Property.

Article 2, paragraph 1.b.iii. C: Value Added Tax.

Article 2, paragraph 1.b.iii. D:
Tax on Liquid Fuels,
Domestic Tax, Law 24764,
Tax on Insurance and other Assets, Law 3764.

Article 2, paragraph 1.b.iii. G:
Presumptive Income Tax,
Real Property Transfer Tax,
Tax on the Debits and Credits originated from Financial Transactions, Law 25413,
Simpified Regime for Taxpayers (Monotributo).
Period covered: 01/01/2013 -
Articles concerned : 2


ETS No.108
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Declaration contained in Note Verbale from the Embassy of the Argentine Republic in France, dated 6 September 2019, registered at the Secretariat General on 13 September 2019 - Or. Fr.

The Republic of Argentina designates the Public Information Access Agency (Agence de l’accès à l’information publique – AAIP), Avenida Presidente General Julio A. Roca 710, 2do piso, Ciudad Autónoma de Buenos Aires (C1067ABP) as the authority in order to implement the Convention, in conformity with its Article 13, paragraph 2.
Period covered: 13/09/2019 -
Articles concerned : 13


CETS No.220
Council of Europe Convention on Cinematographic Co-Production (revised)

Declaration contained in the instrument of ratification deposited on 20 October 2020 – Or. Engl.

In accordance with Article 5, paragraph 5, of the Convention, the Republic of Armenia declares that the competent authority mentioned in paragraph 2 of Article 5 of the Convention is:

The Ministry of Education, Science, Culture and Sport of the Republic of Armenia

RA, Yerevan 0010,
Vazgen Sargsyan 3, Government House 2,
Tel: +37410 59-96-68,
E-mail: secretariat@escs.am
Period covered: 01/02/2021 -
Articles concerned : 5


CETS No.218
Council of Europe Convention on an Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events

Declaration contained in a letter from the Permanent Representative of Armenia, deposited at the time of the signature of the Instrument, on 24 January 2018 – Or. Engl.

The Republic of Armenia makes the following statement with regard to the declaration made by the Republic of Azerbaijan in respect of the Council of Europe Convention on an Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events (hereinafter Convention), signed on 29 November 2016:

1. The declaration of the Republic of Azerbaijan is of a discriminatory nature in respect of the Republic of Armenia and is in contradiction with the purposes established by Article 2 of the Convention as well as with values of the Council of Europe. The Republic of Azerbaijan refrain not only from the obligations set forth in the Convention to apply practical measures for ensuring safety and security during the football matches and other sports events but also blatantly incites discrimination.

2. The declaration of the Republic of Azerbaijan is incompatible with the object and purpose of the Convention and thus being in violation with the provisions of the Vienna Convention on the Law of Treaties of 1969.

3. The Republic of Azerbaijan deliberately misrepresents the essence of the Nagorno-Karabakh issue, with respect to causes and effects of the conflict. The conflict arose due to the policy of ethnic cleansing by the Republic of Azerbaijan followed by the massive military aggression against the self-determined Nagorno-Karabakh Republic - with the aim to repress the free will of the Nagorno-Karabakh population. As a result, the Republic of Azerbaijan has occupied several territories of the Nagorno-Karabakh Republic.
Articles concerned : -


CETS No.214
Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Armenia, deposited with the instrument of ratification on 31 January 2017 - Or. Engl.

In accordance with Article 10 of Protocol No.16 to the Convention for the Protection of Human Rights and Fundamental Freedoms, the Republic of Armenia designates the following national courts for the purposes of Article 1, paragraph 1, of this Protocol:

The Constitutional Court of the Republic of Armenia
The Court of Cassation of the Republic of Armenia.
Period covered: 01/08/2018 -
Articles concerned : 10, 1


CETS No.210
Council of Europe Convention on preventing and combating violence against women and domestic violence

Reservation contained in a Note verbale from the Permanent Representation of Armenia handed over to the Deputy Secretary General at the time of signature of the instrument on 18 January 2018 - Or. Engl.

In accordance with Article 78, paragraph 2, of the Convention the Republic of Armenia reserves the right not to apply the provisions of the Convention laid down in:

- Article 30, paragraph 2;
- Article 55, paragraph 1 in respect of Article 35 regarding minor offences;
- Article 58 in respect of Article 37;
- Article 59.
Articles concerned : 78, 59, 58, 55, 35, 30


CETS No.201
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse

Declaration contained in the instrument of ratification deposited on 7 September 2020 – Or. Engl.

In accordance with Article 37, paragraph 2, of the Convention, Republic of Armenia designates the following authority as the single national authority in charge for the purposes of Article 37, paragraph 1, of the Convention:

Police of the Republic of Armenia,
130 Nalbandyan sir.,
0025 Yerevan
Mrs. Nelly Duryan - Deputy Head of the General Department of Public Security Protection of Police of the Republic of Armenia,
Police Colonel
Tel.+374 11 55-09-33
Period covered: 01/01/2021 -
Articles concerned : 37

Objection contained in the instrument of ratification deposited on 7 September 2020 – Or. Engl.

The Republic of Armenia objects to the paragraph 1 of the declaration of the Republic of Azerbaijan contained in the instrument of ratification deposited on 19 December 2019, limiting the implementation of the provisions of the Convention only to the selected parties. Such selective implementation of any convention of the Council of Europe goes against the essence of cooperation within the Council of Europe and threatens the proper functioning of the European human rights system.

The aforementioned declaration, which attempts to modify or limit the rights and obligations under the Convention, constitutes, in fact, reservation and neither falls under the scope or Article 48 of the Convention, nor is compatible with the object and purpose of the Convention to establish a framework for the cooperation between the member States of the Council of Europe, therefore, as such shall be considered null and void.

Until the withdrawal of the aforementioned reservation, the Republic of Armenia declares that it will be unable to ensure the application of the Convention in respect of the Republic of Azerbaijan.
Period covered: 01/01/2021 -
Articles concerned : -

Declaration contained in the instrument of ratification deposited on 7 September 2020 – Or. Engl.

The paragraph 2 of the declaration of the Republic of Azerbaijan contained in the instrument of ratification deposited on 19 December 2019, includes unsubstantiated and baseless allegations against the Republic of Armenia and distorts the essence of the Nagorno-Karabakh conflict which was triggered and sustained by the use of force by Azerbaijan against peaceful demands of the people of Nagorno-Karabakh (Republic of Artsakh) for human rights and self-determination.
Period covered: 01/01/2021 -
Articles concerned : -


CETS No.198
Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

Objection contained in a letter from the Permanent Representative of Armenia, dated 20 February 2018, registered at the Secretariat General on 26 February 2018 – Or. Engl.

The Republic of Armenia makes the following statement with regard to the declaration made by the Republic of Azerbaijan in respect of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism /hereinafter Convention/, stated in the instrument of ratification deposited on 9 August 2017:

1. The declaration of the Republic of Azerbaijan is incompatible with the object and purpose of the Convention and thus being in violation with the provisions of the Vienna Convention on the Law of Treaties of 1969.

2. The Republic of Azerbaijan deliberately misrepresents the essence of the Nagorno-Karabakh issue, with respect to the causes and effects of the conflict. The conflict arose due to the policy of ethnic cleansing by the Republic of Azerbaijan followed by the massive military aggression against the self-determined Nagorno-Karabakh Republic - with the aim to repress the free will of the Nagorno-Karabakh population. As a result, the Republic of Azerbaijan has occupied several territories of the Nagorno-Karabakh Republic.
Period covered: 26/02/2018 -
Articles concerned : -

Declaration contained in a Communication from the Permanent Representation of Armenia to the Council of Europe, dated 23 October 2017, registered at the Secretariat General on 23 October 2017 - Or. Fr.

The Republic of Armenia declares that the unit which acts as FIU, designated pursuant to Article 46, paragraph 13, of the Convention, is the Financial Monitoring Center of the Central Bank of the Republic of Armenia.
Period covered: 23/10/2017 -
Articles concerned : 46

Declaration contained in the instrument of ratification deposited on 2 June 2008 – Or. Engl.

In accordance with Article 42, paragraph 2, of the Convention, information or evidence provided by the Republic of Armenia, under Chapter 7, may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.
Period covered: 01/10/2008 -
Articles concerned : 42

Declaration contained in the instrument of ratification deposited on 2 June 2008 – Or. Engl.

In accordance with Article 35, paragraph 3, of the Convention, the requests made to the Republic of Armenia and the documents supporting such requests shall be accompanied by a translation into English.
Period covered: 01/10/2008 -
Articles concerned : 35

Declaration contained in the instrument of ratification deposited on 2 June 2008 – Or. Engl.

In accordance with the Article 33, paragraph 1, of the Convention, the Financial Monitoring Center of the Central Bank of the Republic of Armenia is the central authority which shall be responsible for sending and answering requests made under this chapter, the execution of such requests or the transmission of them to the authorities competent for their execution.
Period covered: 01/10/2008 -
Articles concerned : 33

Declaration contained in the instrument of ratification deposited on 2 June 2008 – Or. Engl.

In accordance with Article 3, paragraph 2, of the Convention, the Republic of Armenia will apply Article 3, paragraph 1, only to offences specified in the appendix to the Convention.
Period covered: 01/10/2008 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 2 June 2008 – Or. Engl.

In accordance with the Article 24, paragraph 3, of the Convention, the Republic of Armenia will apply Article 24, paragraph 2 only subject to its constitutional principles and the basic concepts of its legal system.
Period covered: 01/10/2008 -
Articles concerned : 24

Declaration contained in the instrument of ratification deposited on 2 June 2008 – Or. Engl.

In accordance with Article 17, paragraph 5, of the Convention, the Republic of Armenia will apply Article 17 of the Convention only to the categories of offences specified in the list contained in the appendix to the Convention.
Period covered: 01/10/2008 -
Articles concerned : 17


CETS No.196
Council of Europe Convention on the Prevention of Terrorism

Objection contained in the instrument of ratification deposited on 30 August 2016 – Or. Engl.

The Republic of Armenia makes the following objection to the declaration made by the Republic of Azerbaijan in respect of the Council of Europe Convention on the Prevention of Terrorism, signed on 16 May 2005:

The Republic of Armenia states that the Republic of Azerbaijan deliberately misrepresents the essence of the Nagorno-Karabakh issue as regards the causes and consequences of the conflict. The conflict arose due to the policy of ethnic cleansing by the Republic of Azerbaijan aimed at repression of the free will of the Nagorno-Karabakh population, followed by the massive military aggression against the self-determined Nagorno-Karabakh Republic. As a result, the Republic of Azerbaijan has occupied several territories of Nagorno-Karabakh.
Period covered: 01/12/2016 -
Articles concerned : -


ETS No.185
Convention on Cybercrime

Declaration transmitted by the Permanent Representation of Armenia, dated 16 July 2008, registered at the Secretariat General on 16 July 2008 – Or. Engl., confirmed by a communication from the Permanent Representation of Armenia, dated 10 October 2008, registered at the Secretariat General on 10 October 2008 – Or. Engl., and up-dated by a communication from Armenia registered at the Secretariat General on 20 June 2010 – Or. Engl

In accordance with Article 24, paragraph 7, Article 27, paragraph 2, and Article 35, paragraph 1, of the Convention on Cybercrime, the Republic of Armenia designated as the national point of contact for cooperation in combating cybercrime, available on a twenty-four hour, seven-day-a-week basis:

National Contact Point (NCP)
Main Department of Struggle Against Organised Crime (MDSAOC) of the Police of the Republic of Armenia
130, Nalbandyan str.
Yerevan, 0025
Republic of Armenia

[Note by the Secretariat: For more information please contact the Executive Secretary of the Cybercrime Convention Committee, alexander.seger[at]coe.int.]
Period covered: 16/07/2008 -
Articles concerned : 35, 27, 24


ETS No.182
Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Declaration contained in the instrument of ratification deposited on 8 December 2010 – Or. Engl.

In accordance with Article 6 of the Protocol, the Republic of Armenia declares that the judicial authorities, for the purpose of the Convention, shall be deemed :

. The Ministry of Justice of the Republic of Armenia;
. The General Prosecutor's Office of the Republic of Armenia;
. The Judicial Department of the Republic of Armenia;
. The Police of the Republic of Armenia;
. The National Security Service of the Republic of Armenia;
. The Court of Cassation of the Republic of Armenia;
. The Courts of Appeal of the Republic of Armenia,
. The Courts of General Jurisdiction and Specialised Courts of the First Instance of the Republic of Armenia.
Period covered: 01/04/2011 -
Articles concerned : 6

Declaration contained in the instrument of ratification deposited on 8 December 2010 – Or. Engl.

In accordance with Article 4, paragraph 8, of the Protocol, the Republic of Armenia declares that the copy of the requests for assistance shall be transmitted at the same time to the Ministry of Justice of the Republic of Armenia.
Period covered: 01/04/2011 -
Articles concerned : 4

Declaration contained in the instrument of ratification deposited on 8 December 2010 – Or. Engl.

In accordance with Article 26, paragraph 5, of the Protocol, the Republic of Armenia declares that without the prior consent of the Republic of Armenia, the personal data – the transmission or the use of which could have been refused or limited within the framework of corresponding procedures – may not be used, for the purposes of paragraph 1 of the mentioned article.
Period covered: 01/04/2011 -
Articles concerned : 26

Declaration contained in the instrument of ratification deposited on 8 December 2010 – Or. Engl.

In accordance with Article 19, paragraph 4, of the Protocol, the Republic of Armenia declares that the authorities that are competent for the purposes of paragraph 2 of the mentioned article shall be the the General Prosecutor's Office of the Republic of Armenia, the Police of the Republic of Armenia and the National Security Service of the Republic of Armenia.
Period covered: 01/04/2011 -
Articles concerned : 19

Declaration contained in the instrument of ratification deposited on 8 December 2010 – Or. Engl.

In accordance with Article 18, paragraph 4, of the Protocol, the Republic of Armenia declares that the authority that is competent for the purposes of the mentioned article shall be the General Prosecutor's Office of the Republic of Armenia.
Period covered: 01/04/2011 -
Articles concerned : 18

Declaration contained in the instrument of ratification deposited on 8 December 2010 – Or. Engl.

In accordance with Article 17, paragraph 4, of the Protocol, the Republic of Armenia declares that the competent authorities, for the purposes of paragraphs 1 and 2 of Article 17 of the Protocol, shall be the Police of the Republic of Armenia and the National Security Service of the Republic of Armenia.
Period covered: 01/04/2011 -
Articles concerned : 17


ETS No.173
Criminal Law Convention on Corruption

Reservation contained in the instrument of ratification deposited on 9 January 2006 - Or. Engl.

Pursuant to Article 37, paragraph 3, of the Convention, the Republic of Armenia declares that it may refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence which it considers a political offence.

[Note by the Secretariat: The Government of Armenia has informed the Secretary General of its intention to uphold wholly this reservation for a period of 3 years (Article 38 of the Convention)
- In a letter from the Permanent Representative of Armenia, dated 22 December 2008, registered at the Secretariat General on 5 January 2009 - Or. Engl. - (Period covered: from 01/05/2009 to 01/05/2012).
- In a letter from the Permanent Representation of Armenia, dated 8 October 2012, registered at the Secretariat General on 16 October 2012 – Or. Eng.(Period covered: from 01/05/2012 to 01/05/2015).
- In a Communication from the Permanent Representation of Armenia, dated 16 December 2014, registered at the Secretariat General on 16 December 2014 – Or. Fr.(Period covered: from 01/05/2015 to 01/05/2018).
- In a letter from the Permanent Representative of Armenia dated 30 November 2017, registered at the Secretariat General on 1 December 2017 – Or. Engl.(Period covered: from 01/05/2018 to 01/05/2021).]
Period covered: 01/05/2006 -
Articles concerned : 37, 26

Declaration contained in the instrument of ratification deposited on 9 January 2006 - Or. Engl.

Pursuant to Article 29 of the Convention, the Republic of Armenia declares that it designates the following central authorities, which shall be responsible for co-operation under Chapter IV of the Convention :

a. The General Prosecutor's office of the Republic of Armenia (5, Vazgen SARGSYAN Street, 375010 YEREVAN) for the criminal offences at the pre-trial stage;
b. The Ministry of Justice of the Republic of Armenia (3, Vazgen SARGSYAN Street, 375010 YEREVAN) for the criminal offences at the trial stage.
Period covered: 01/05/2006 -
Articles concerned : 29


ETS No.169
Protocol No. 2 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning interterritorial co-operation

Declaration contained in the instrument of ratification deposited on 31 October 2003 - Or. Engl.

In accordance with Article 6, paragraph 1, of Protocol No. 2, the Republic of Armenia declares that it will apply, pursuant to Article 4 of that Protocol, the provisions of Articles 4 and 5 of the Additional Protocol.
Period covered: 01/02/2004 -
Articles concerned : 6


ETS No.165
Convention on the Recognition of Qualifications concerning Higher Education in the European Region

Reservation contained in the instrument of ratification deposited on 7 January 2005 - Or. Engl.

In accordance with Article XI.7 of the Convention, the Republic of Armenia declares that it reserves the right not to apply Article IV.8 of the Convention.
Period covered: 01/03/2005 -
Articles concerned : XI.7

Declaration contained in the instrument of ratification deposited on 7 January 2005 - Or. Engl.

In accordance with Article XI.4, paragraph 2, of the Convention, the Republic of Armenia declares that it will abstain from ratifying the European Convention on the General Equivalence of Periods of University Study (ETS No. 138), signed by Armenia on 26 May 2000.
Period covered: 01/03/2005 -
Articles concerned : XI.4

Declaration contained in the instrument of ratification deposited on 7 January 2005 - Or. Engl.

In accordance with Article II.2 of the Convention, the Republic of Armenia declares that the authority competent to make decisions in recognition cases in the Republic of Armenia is the Ministry of Education and Science:

Ministry of Education and Science
13 Movses Khorenatsi Street
375010 Yerevan
Armenia
Tel: +374(2) 526-602 +374(2) 589-543
Fax: +374(2) 151-651 +374(2) 580-403
E-mail: mines@edu.am; mher@edu.am;
mhermg@freenet.am
Internet : http://www.edu.am/mes
Period covered: 01/03/2005 -
Articles concerned : II.2


ETS No.163
European Social Charter (revised)

Declaration contained in the instrument of ratification deposited on 21 January 2004 - Or. Engl.

In accordance with subparagraphs b and c of paragraph 1 of Article A, Part III of the revised Charter, the Republic of Armenia considers itself bound by Articles 1, 5, 6, 7, 8, 17, 18, 19, 20, 22, 24, 27 and 28 as well as by the following paragraphs :

Paragraphs 1, 2, 3, 4, 5 and 6 of Article 2,
Paragraph 1 of Article 3,
Paragraphs 2, 3, 4 and 5 of Article 4,
Paragraphs 1 and 3 of Article 12,
Paragraphs 1 and 2 of Article 13,
Paragraph 2 of Article 14,
Paragraphs 2 and 3 of Article 15.
Period covered: 01/03/2004 -
Articles concerned : A


ETS No.159
Additional Protocol to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities

Declaration contained in the instrument of ratification deposited on 31 October 2003 - Or. Engl.

In accordance with Article 8 of the Additional Protocol, the Republic of Armenia declares that it will apply the provisions of Articles 4 and 5.
Period covered: 01/02/2004 -
Articles concerned : 8


ETS No.148
European Charter for Regional or Minority Languages

Declaration contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

In accordance with Article 3, paragraph 1, of the Charter, the Republic of Armenia declares that within the meaning of the European Charter for Regional or Minority Languages, minority languages in the Republic of Armenia are Assyrian, Yezidi, Greek, Russian and Kurdish languages.
Period covered: 01/05/2002 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

According to Article 2, paragraph 2, of the Charter, the Republic of Armenia declares that it shall apply the following provisions of the Charter to the Assyrian, Yezidi, Greek, Russian and Kurdish languages:

Article 8 - Education
Sub-paragraphs 1.a.iv ; 1.b.iv ; 1.c.iv ; 1.d.iv ; 1.e.iii ; 1.f.iii.

Article 9 - Judicial authorities
Sub-paragraphs 1.a.ii, iii, iv ; 1.b.ii ; 1.c.ii and iii ; 1.d.
Paragraph 3.

Article 10 - Administrative authorities and public services
Sub-paragraphs 1.a.iv and v ; 1.b ; 2.b ; 2.f ; 2.g ; 3.c ; 4.c.
Paragraph 5.

Article 11 - Media
Sub-paragraphs 1.a.iii ; 1.b.ii ; 1.c.ii ; 1.e.
Paragraphs 2 and 3.

Article 12 - Cultural activities and facilities
Sub-paragraphs 1.a.d.f. (*)
Paragraphs 2 and 3.

Article 13 - Economic and social life
Sub-paragraphs 1.b ; 1.c ; 1.d ; 2.b ; 2.c.

Article 14 - Transfrontier exchanges
Paragraphs a and b.

[(*)   Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Armenia, dated 23 March 2004, transmitted by a Note verbale from the Permanent Representation of Armenia, dated 31 March 2004, registered at the Secretariat General on 1 April 2004 - Or. Engl.

The Ministry of Foreign Affairs of the Republic of Armenia draws the attention of the Secretariat General to a technical error contained in Armenia’s instrument of ratification of the Charter.
When depositing the instrument of ratification, an error of translation occurred, namely Armenia made undertakings concerning Article 12 of the Charter, where the subparagraph c) was included. Indeed, by decision N-247-2 of 28 December 2001 of the National Assembly, Armenia is bound by subparagraph d) of Article 12.]
Period covered: 01/05/2002 -
Articles concerned : 2


ETS No.147
European Convention on Cinematographic Co-Production

Declaration contained in the instrument of ratification, deposited on 17 December 2004 - Or. Engl.

In accordance with Article 5, paragraph 5, of the Convention, the Republic of Armenia declares that the competent authority mentioned in Article 5, paragraph 2, of the Convention is the Ministry of Culture and Youth Affairs.
Period covered: 01/04/2005 -
Articles concerned : 5


ETS No.141
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime

Reservation contained in the instrument of ratification deposited on 24 November 2003 - Or. Engl.

In accordance with paragraph 4 of Article 6, the Republic of Armenia declares that paragraph 1 of Article 6 of the Convention shall apply to all categories of crimes set forth in its declaration made in accordance with paragraph 2 of Article 2.
Period covered: 01/03/2004 -
Articles concerned : 6

Reservation contained in the instrument of ratification deposited on 24 November 2003 - Or. Engl.

In accordance with paragraph 2 of Article 32, the Republic of Armenia declares that information or evidence provided it under Chapter III may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.
Period covered: 01/03/2004 -
Articles concerned : 32

Reservation contained in the instrument of ratification deposited on 24 November 2003 - Or. Engl.

In accordance with paragraph 3 of Article 25, the Republic of Armenia declares that the requests and supporting documents to be sent to the Armenian authorities shall be accompanied by a certified translation into Armenian or into one of the official languages of the Council of Europe.
Period covered: 01/03/2004 -
Articles concerned : 25

Declaration contained in the instrument of ratification deposited on 24 November 2003 - Or. Engl.

In accordance with paragraph 2 of Article 23 of the Convention, the Republic of Armenia communicates that the central authorities designated in pursuance of paragraph 1 of Article 23 are:

a) the Ministry of Justice of the Republic of Armenia, in respect of requests for the enforcement of judgments in force,

b) the General Prosecutor’s Office of the Republic of Armenia, in respect of requests at criminal prosecution stage.
Period covered: 01/03/2004 -
Articles concerned : 23

Reservation contained in the instrument of ratification deposited on 24 November 2003 - Or. Engl.

In accordance with paragraph 2 of Article 2, the Republic of Armenia declares that paragraph 1 of Article 2 shall apply to the following categories of crimes:

a) Crimes against Property
b) Crimes against Economic Activity
c) Crimes against Public Security
d) Crimes against Public Health
e) Crimes against the Foundations of Constitutional Order and Security of the State
f) Crimes against State service

The Republic of Armenia reserves the right of further adding other categories of criminal activities.
Period covered: 01/03/2004 -
Articles concerned : 2

Reservation contained in the instrument of ratification deposited on 24 November 2003 - Or. Engl.

In accordance with paragraph 3 of Article 14, the Republic of Armenia declares that paragraph 2 of Article 14 applies only subject to its constitutional principles and the basic concepts of its legal system.
Period covered: 01/03/2004 -
Articles concerned : 14


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Declaration contained in the instrument of ratification deposited with the Secretary General of the Council of Europe on 6 February 2020 - Or. Engl.

Armenia ratifies the Convention with the following declaration:

ANNEX B – Competent Authorities:

The State Revenue Committee or its authorised representative.
Period covered: 01/06/2020 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the Council of Europe on 6 February 2020 - Or. Engl.

Armenia ratifies the Convention with the following declaration:

ANNEX A – Taxes to which the Convention would apply:

Article 2, paragraph 1.a.i:
. Income Tax,
. Profit Tax.

Article 2, paragraph 1.b.iii.C: Value-Added Tax.

Article 2, paragraph 1.b.iii.D: Excise Tax.

Article 2, paragraph 1.b.iii.G:
. Turnover Tax,
. Environmental Tax,
. Road Tax.
Period covered: 01/06/2020 -
Articles concerned : 2

Objection contained in the instrument of ratification deposited with the Secretary General of the Council of Europe on 6 February 2020 - Or. Engl.

The Republic of Armenia objects to the declaration of the Republic of Azerbaijan dated 23 May 2014, registered at the Secretariat General of the OECD on 23 September 2014 and confirmed at the time of ratification of the Protocol on 29 May 2015, and to the declaration of the Republic of Turkey dated 19 October 2011, handed over to the Secretary General of the OECD on 3 November 2011 and confirmed in the instrument of ratification deposited with the Secretary General of the OECD on 26 March 2018, both limiting the implementation of the provisions of the Convention and Protocol only to the States with which the Republic of Azerbaijan and the Republic of Turkey have diplomatic relations.

The aforementioned declarations, which attempt to modify or limit the rights and obligations under the Convention, constitute, in fact, reservations and neither fall under the scope or Article 30 of the Convention, nor are compatible with the object and purpose of the Convention to establish a framework for the cooperation between the member States of the Council of Europe, therefore, as such shall be considered null and void.

Until the withdrawal of the aforementioned reservations, the Republic of Armenia declares that it will be unable to ensure the application of the Convention and Protocol in respect of the Republic of Azerbaijan and the Republic of Turkey.
Period covered: 01/06/2020 -
Articles concerned : -

Declaration contained in the instrument of ratification deposited with the Secretary General of the Council of Europe on 6 February 2020 - Or. Engl.

The Declaration of the Republic of Azerbaijan contained in the instrument of ratification deposited on 3 June 2004, includes unsubstantiated and baseless allegations against the Republic of Armenia and distorts the essence of the Nagorno-Karabakh conflict which was triggered and sustained by the use of force by Azerbaijan against peaceful demands of the people of Nagorno-Karabakh (Republic of Artsakh) for human rights and self-determination.
Period covered: 01/06/2020 -
Articles concerned : -


ETS No.122
European Charter of Local Self-Government

Declaration contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

In accordance with Article 12 of the Charter, the Republic of Armenia declares to be bound by the following Articles and paragraphs :

Article 2;
Article 3, paragraphs 1 and 2;
Article 4, paragraphs 1, 2, 3, 4, 5 and 6;
Article 7, paragraphs 1 and 3;
Article 8, paragraphs 1, 2 and 3;
Article 9, paragraphs 1, 2, 3, 4, 5, 6, 7 and 8;
Article 10, paragraphs 1 and 2;
Article 11.

Declaration contained in a letter from the Permanent Representative of Armenia to the Council of Europe, dated 17 December 2015, registered at the Secretariat General on 18 December 2015 - Or. Engl.

In accordance with Article 12 of the Charter, the Republic of Armenia declares to be bound by the following Articles and paragraphs:

Article 5;
Article 6;
Article 7, paragraph 2;
Article 10, paragraph 3.

Period covered: 01/05/2002 -
Articles concerned : 12


ETS No.112
Convention on the Transfer of Sentenced Persons

Declaration contained in the instrument of ratification deposited on 11 May 2001 - Or. Engl.

In accordance with Article 3, paragraph 4, of the Convention, the Republic of Armenia declares that the term "national" for the purposes of this Convention shall refer to any person who, at the time of commission of the offence, was a national of the Republic of Armenia.

However, the Republic of Armenia may permit the transfer to the Republic of Armenia of a prisoner who was not a national of the Republic of Armenia at the time the offence was committed, provided that he/she was a national at the time of the request.
Period covered: 01/09/2001 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 11 May 2001 - Or. Engl.

In accordance with Article 17, paragraph 3, of the Convention, the Republic of Armenia declares that the requests for the transfer of sentenced persons and supporting documents be accompanied by a translation into the Armenian language or into one of the official languages of the Council of Europe or into Russian language.
Period covered: 01/09/2001 -
Articles concerned : 17


ETS No.108
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Objection contained in the instrument of ratification deposited on 9 May 2012 - Or. Engl.

Objection of the Republic of Armenia against the Declaration made by the Republic of Azerbaijan to the Convention.

With regard to the Declaration submitted by the Republic of Azerbaijan on 3 May 2010 upon depositing the instrument of ratification of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, the Republic of Armenia hereby declares:

The Republic of Azerbaijan deliberately misrepresents the essence of the Nagorno-Karabakh issue, with respect to causes and effects of the conflict. The conflict arose due to the policy of ethnic cleansing of the Republic of Azerbaijan aimed at suppressing the free will of the Nagorno-Karabakh population, which has been followed by the massive military aggression against the self-determined Nagorno-Karabakh Republic. As a result, the Republic of Azerbaijan has occupied several territories of the Nagorno-Karabakh Republic.
Period covered: 01/09/2012 -
Articles concerned : -


ETS No.099
Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Reservation contained in the instrument of ratification deposited on 23 March 2004 - Or. Engl.

According to Article 8, paragraph 2, of the Protocol, the Republic of Armenia declares that :

a) accepting the Chapter I, Armenia will not make the execution of letters rogatory for search or seizure of property;
b) Armenia does not accept Chapter II.
Period covered: 21/06/2004 -
Articles concerned : 8


ETS No.073
European Convention on the Transfer of Proceedings in Criminal Matters

Declaration contained in the instrument of ratification, deposited on 17 December 2004 - Or. Engl.

In accordance with Appendix II, the Republic of Armenia declares that the term “national” within the meaning of this Convention refers to a person who is a national of the Republic of Armenia, as well as a person who has a status of refugee of the Republic of Armenia.
Period covered: 18/03/2005 -
Articles concerned : 41

Reservations contained in the instrument of ratification, deposited on 17 December 2004 - Or. Engl.

In accordance with Article 41, paragraph 1, of the Convention, the Republic of Armenia declares that it avails itself of the reservations provided for in paragraphs a, b, c, d, e, f and g of Appendix I.
Period covered: 18/03/2005 -
Articles concerned : 41

Declaration contained in the instrument of ratification, deposited on 17 December 2004 - Or. Engl.

In accordance with Article 18, paragraph 2 of the Convention, the Republic of Armenia declares that requests and all the relevant documents shall be accompanied by a certified translation into one of the official languages of the Council of Europe or into the Armenian language.
Period covered: 18/03/2005 -
Articles concerned : 18

Declaration contained in the instrument of ratification, deposited on 17 December 2004 - Or. Engl.

In accordance with Article 13, paragraph 3, of the Convention, the Republic of Armenia declares that the requests for transfer of criminal proceedings shall be sent and received through:

a. the General Prosecutor's Office of the Republic of Armenia during the pre-trial stage of the criminal proceedings,
b. the Ministry of Justice of the Republic of Armenia during the trial stage.
Period covered: 18/03/2005 -
Articles concerned : 13


ETS No.046
Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto

Derogation contained in the Note verbale No. 3201/C-308/2020 from the Permanent Representation of the Republic of Armenia, dated 29 September 2020, registered at the Secretariat General on 29 September 2020 – Or. Engl.

The Permanent Representation of the Republic of Armenia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour to inform that early in the morning on September 27 the Azerbaijani armed forces launched large-scale airborne, missile and land attack along the entire line of contact with the Republic of Artsakh (Nagorno-Karabakh Republic). Azerbaijani army has resorted to the use of tanks, helicopters, heavy artillery, unmanned aerial vehicles (UAV), multiple launch rocket system, such as Grad and Smerch as well as other types of weaponry in its possession. Moreover, the town of Vardenis in the east of the Republic of Armenia has also been subjected to the UAV and missile attacks.

This is a pre-planned aggression, during which civilian settlements, infrastructure, schools and kindergartens have been targeted. There are numerous casualties among both the military and the civilians, including children.

As a result of the operations undertaken by the Republic of Azerbaijan, there is an imminent threat of armed attacks against the Republic of Armenia and invasion of its territory threatening the sovereignty, security, territorial integrity of the Republic of Armenia. The life and safety of peaceful citizens are under threat and call for emergency measures.

Moreover, the Republic of Armenia is the guarantor of security and safety of the population of the Republic of Artsakh and is resolute in exercising its duties as such.

In this context the Government of Armenia has enacted martial law throughout the country. The Decree No. 1586-N of the Government of the Republic of Armenia of 27 September 2020 on “Declaring martial law in the Republic of Armenia” and its annex on the ensuing measures and restrictions are herewith provided.

In accordance with the Article 15 of the European Convention on Human Rights, the Permanent Representation hereby notifies of the temporary derogations from the obligations under Articles 8, 10 and 11 of the Convention, Article 1, Protocol 1 of the Convention and Article 2, Protocol 4 of the Convention.

Annex

Decree No. 1586-N of the Government of the Republic of Armenia of 27 September 2020 on “Declaring martial law in the Republic of Armenia” and its Annex.
Period covered: 29/09/2020 -
Articles concerned : 2


ETS No.030
European Convention on Mutual Assistance in Criminal Matters

Amendment of declaration contained in a letter from the Permanent Representative of Armenia, dated 22 October 2008, registered at the Secretariat General on 24 October 2008 - Or. Engl.

In the declaration made by the Republic of Armenia in 2002 to the Convention, the Ministry of Internal Affairs of the Republic of Armenia, was designated among others as a competent judicial authority for the purposes of the Convention. As of 2003, the Ministry of Internal Affairs of the Republic of Armenia has been reorganised into the Police of the Republic of Armenia; thereby the Police of the Republic of Armenia succeeds the previous Ministry of Internal Affairs of the Republic of Armenia as a competent judicial authority.
Period covered: 24/10/2008 -
Articles concerned : 24

Declaration contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

In accordance with Article 7 of the Convention, the Republic of Armenia declares that the letters rogatory for service of summons shall be transmitted not less than 50 days before the date set for appearance.
Period covered: 25/04/2002 -
Articles concerned : 7

Reservation contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

In conformity with Article 5 of the Convention, the Republic of Armenia reserves the right to make the execution of letters rogatory for search and/or seizure of property dependent on the conditions, provided for in sub-paragraphs a, b, c, paragraph 1 of Article 5 of the Convention.
Period covered: 25/04/2002 -
Articles concerned : 5

Reservation contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

In accordance with Article 3 of the Convention, the Republic of Armenia at the time of execution of any letters rogatory for procuring evidence of witnesses will take into account Article 42 of the Constitution according to which a person shall not be compelled to be a witness against himself or herself, or to be a witness against his or her spouse or against a close relative.
Period covered: 25/04/2002 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

In accordance with Article 24 of the Convention, for the purposes of the Convention, the judicial authorities for the Republic of Armenia shall be :

Ministry of Justice
General Prosecutor’s Office
Police of the Republic of Armenia (*)
Ministry of National Security
Court of Cassation
Courts of Review
District courts of first instance of Yerevan City
Kotayk Region court of first instance
Ararat Region court of first instance
Armavir Region court of first instance
Aragatzotn Region court of first instance
Shirak Region court of first instance
Tavoush Region court of first instance
Gegharqunik Region court of first instance
Vayotz Tzor Region court of first instance
Sjuniq Region court of first instance.

[Notes by the Secretariat:
(*) Declaration amended by a letter from the Permanent Representative of Armenia, dated 22 October 2008, registered at the Secretariat General on 24 October 2008 - Or. Engl. The former declaration read "The Ministry of Internal Affairs".
See also the declaration made by Armenia to Article 6 of the Second Additional Protocol to the Convention (ETS No. 182), on 8 December 2010.]
Period covered: 25/04/2002 -
Articles concerned : 24

Reservation contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

In addition to the grounds provided for in Article 2, the Republic of Armenia reserves the right to refuse assistance in any one of the following cases:

a) if the offence, in respect of which legal assistance is requested, is not qualified as a “crime” and is not punishable under the legislation of the Republic of Armenia,

b) if, in respect of the criminal offence for which legal assistance is requested, an action is brought in the Republic of Armenia,

c) if there is a judgement in force or another final decision regarding the criminal offence, in respect of which legal assistance is requested.
Period covered: 25/04/2002 -
Articles concerned : 2

Declaration contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

In accordance with Article 16, paragraph 2, the Republic of Armenia declares that requests and annexed documents shall be accompanied by certified translation into the Armenian language or one of the official languages of the Council of Europe.
Period covered: 25/04/2002 -
Articles concerned : 16

Declaration contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

In accordance with Article 15, paragraph 6, a copy of all requests for assistance, which are communicated between judicial authorities, in the cases provided in paragraph 2 of the same Article, shall be transmitted simultaneously to the Ministry of Justice of the Republic of Armenia.

[Note by the Secretariat: See also the declaration made by Armenia to Article 4 of the Second Additional Protocol to the Convention (ETS No. 182), on 8 December 2010.]
Period covered: 25/04/2002 -
Articles concerned : 15


ETS No.024
European Convention on Extradition

Declaration contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

Pursuant to sub-paragraph a of paragraph 1 of Article 6, the Republic of Armenia declares that it will not extradite its nationals.

Pursuant to sub-paragraph c of paragraph 1 of Article 6, nationality of the Republic of Armenia within the meaning of this Convention shall be determined at the time of the decision concerning extradition.
Period covered: 25/04/2002 -
Articles concerned : 6

Declaration contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

As all military offences are under the ordinary criminal law of the Republic of Armenia, extradition requested by another Party will be granted if the offence, in respect of which the request for the extradition is made, is also under ordinary criminal law of the requesting Party.
Period covered: 25/04/2002 -
Articles concerned : 4

Declaration contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

As the legislation of the Republic of Armenia does not define the notion of “political offence” or that of “offence connected with a political offence”, the Republic of Armenia, being requested for extradition on such grounds, will grant extradition if the offence mentioned in the request is considered as such under its ordinary criminal law or under the International Treaties in force in the Republic of Armenia.
Period covered: 25/04/2002 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

The Republic of Armenia declares that the request for extradition and documents to be produced shall be accompanied by a certified translation into the Armenian language or into one of the official languages of the Council of Europe.
Period covered: 25/04/2002 -
Articles concerned : 23

Reservation contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

The Republic of Armenia declares that the extradition for the serving of a sentence, provided in Article 2, paragraph 1 of the Convention, will be granted if the person, whose extradition is requested, has been convicted for a period of at least six months or a more severe penalty.
Period covered: 25/04/2002 -
Articles concerned : 2

Declaration contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

Provisional arrest, provided in paragraph 4 of Article 16, will be terminated in any case, if, within a period of one month after arrest, the requested Party has not received the request for extradition and the documents mentioned in Article 12.
Period covered: 25/04/2002 -
Articles concerned : 16

Reservation contained in the instrument of ratification deposited on 25 January 2002 - Or. Engl.

In respect of Article 1 of the Convention, the Republic of Armenia reserves the right to refuse to grant extradition:

a. if the person to be extradited will be brought before an extraordinary court or in respect of the person who is to serve a sentence passed by such a court;

b. if there are sufficient grounds to suppose that in result of the person’s state of health and age her/his extradition will be injurious to her/his health or threaten her/his life;

c. if political asylum is granted in the Republic of Armenia to the person, whose extradition is requested.
Period covered: 25/04/2002 -
Articles concerned : 1


ETS No.009
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

Derogation contained in the Note verbale No. 3201/C-308/2020 from the Permanent Representation of the Republic of Armenia, dated 29 September 2020, registered at the Secretariat General on 29 September 2020 – Or. Engl.

The Permanent Representation of the Republic of Armenia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour to inform that early in the morning on September 27 the Azerbaijani armed forces launched large-scale airborne, missile and land attack along the entire line of contact with the Republic of Artsakh (Nagorno-Karabakh Republic). Azerbaijani army has resorted to the use of tanks, helicopters, heavy artillery, unmanned aerial vehicles (UAV), multiple launch rocket system, such as Grad and Smerch as well as other types of weaponry in its possession. Moreover, the town of Vardenis in the east of the Republic of Armenia has also been subjected to the UAV and missile attacks.

This is a pre-planned aggression, during which civilian settlements, infrastructure, schools and kindergartens have been targeted. There are numerous casualties among both the military and the civilians, including children.

As a result of the operations undertaken by the Republic of Azerbaijan, there is an imminent threat of armed attacks against the Republic of Armenia and invasion of its territory threatening the sovereignty, security, territorial integrity of the Republic of Armenia. The life and safety of peaceful citizens are under threat and call for emergency measures.

Moreover, the Republic of Armenia is the guarantor of security and safety of the population of the Republic of Artsakh and is resolute in exercising its duties as such.

In this context the Government of Armenia has enacted martial law throughout the country. The Decree No. 1586-N of the Government of the Republic of Armenia of 27 September 2020 on “Declaring martial law in the Republic of Armenia” and its annex on the ensuing measures and restrictions are herewith provided.

In accordance with the Article 15 of the European Convention on Human Rights, the Permanent Representation hereby notifies of the temporary derogations from the obligations under Articles 8, 10 and 11 of the Convention, Article 1, Protocol 1 of the Convention and Article 2, Protocol 4 of the Convention.

Annex

Decree No. 1586-N of the Government of the Republic of Armenia of 27 September 2020 on “Declaring martial law in the Republic of Armenia” and its Annex.
Period covered: 29/09/2020 -
Articles concerned : 1


ETS No.005
Convention for the Protection of Human Rights and Fundamental Freedoms

Derogation contained in the Note verbale No. 3201/C-308/2020 from the Permanent Representation of the Republic of Armenia, dated 29 September 2020, registered at the Secretariat General on 29 September 2020 – Or. Engl.

The Permanent Representation of the Republic of Armenia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour to inform that early in the morning on September 27 the Azerbaijani armed forces launched large-scale airborne, missile and land attack along the entire line of contact with the Republic of Artsakh (Nagorno-Karabakh Republic). Azerbaijani army has resorted to the use of tanks, helicopters, heavy artillery, unmanned aerial vehicles (UAV), multiple launch rocket system, such as Grad and Smerch as well as other types of weaponry in its possession. Moreover, the town of Vardenis in the east of the Republic of Armenia has also been subjected to the UAV and missile attacks.

This is a pre-planned aggression, during which civilian settlements, infrastructure, schools and kindergartens have been targeted. There are numerous casualties among both the military and the civilians, including children.

As a result of the operations undertaken by the Republic of Azerbaijan, there is an imminent threat of armed attacks against the Republic of Armenia and invasion of its territory threatening the sovereignty, security, territorial integrity of the Republic of Armenia. The life and safety of peaceful citizens are under threat and call for emergency measures.

Moreover, the Republic of Armenia is the guarantor of security and safety of the population of the Republic of Artsakh and is resolute in exercising its duties as such.

In this context the Government of Armenia has enacted martial law throughout the country. The Decree No. 1586-N of the Government of the Republic of Armenia of 27 September 2020 on “Declaring martial law in the Republic of Armenia” and its annex on the ensuing measures and restrictions are herewith provided.

In accordance with the Article 15 of the European Convention on Human Rights, the Permanent Representation hereby notifies of the temporary derogations from the obligations under Articles 8, 10 and 11 of the Convention, Article 1, Protocol 1 of the Convention and Article 2, Protocol 4 of the Convention.

Annex

Decree No. 1586-N of the Government of the Republic of Armenia of 27 September 2020 on “Declaring martial law in the Republic of Armenia” and its Annex.
Period covered: 29/09/2020 -
Articles concerned : 8, 15, 11, 10

Withdrawal of Derogation contained in a Note verbale No. 3201/C-288/2020 from the Permanent Representation of Armenia, dated 16 September 2020, registered at the Secretariat General on 16 September 2020 – Or. Engl.

The Permanent Representation of the Republic of Armenia to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour to inform that the state of emergency, instituted on 16 March 2020 in the Republic of Armenia in response to the global outbreak and spread of COVID-19 virus, has now expired as of 11 September 2020.

Pursuant to Article 15, paragraph 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Permanent Representation informs that the Government of Armenia withdraws its derogations under the relevant Articles of the Convention and its Protocols
Period covered: 11/09/2020 -
Articles concerned : 15

Withdrawal of derogation contained in a Note verbale from the Ministry of Foreign Affairs of Armenia, dated 21 March 2008, transmitted by the Permanent Representation of Armenia and registered by the Secretariat General on 21 March 2008 - Or. Engl.

The Ministry of Foreign Affairs of the Republic of Armenia presents its compliments to H.E. Mr Terry Davis, Secretary General of the Council of Europe, and, referring to its Notes Verbales of 2, 10 and 13 March 2008, has the honour to inform him that, in accordance with paragraph 1 of the Decree NH-35-N of the President of the Republic of Armenia, dated 1 March 2008, the state of emergency in the city of Yerevan has been lifted as of 24:00, on 20 March 2008.

The Republic of Armenia declares the termination of all derogations from the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe (ETS No. 5).
Period covered: 21/03/2008 -
Articles concerned : 15

Reservation contained in the instrument of ratification deposited on 26 April 2002 - Or. Engl.

In accordance with Article 57 of the Convention (as amended by Protocol No.11) the Republic of Armenia makes the following reservation:

The provisions of Article 5 shall not affect the operation of the Disciplinary Regulations of the Armed Forces of the Republic of Armenia approved by Decree No. 247 of 12 August 1996 of the Government of the Republic of Armenia, under which arrest and isolation as disciplinary penalties may be imposed on soldiers, sergeants, ensigns and officers.

Extract of the Disciplinary Regulations of the Armed Forces of the Republic of Armenia (approved by Decree No. 247 of 12 August 1996 of the Government of the Republic of Armenia)

Paragraph 51. Disciplinary penalties may be imposed on a serviceman for the breach of disciplinary order or public order and he will be subject to individual disciplinary responsibility.
[Servicemen who are subject to disciplinary sanctions]
Disciplinary penalties to be imposed on soldiers and sergeants:

Paragraph 54
a. reprimand;
b. severe reprimand;
c. deprivation for conscripted soldiers of scheduled leave from their unit;
d. detaining of conscripted soldiers for up to five extra tours of duty;
e. arrest and isolation in the guard-house for up to ten days in the case of conscripted soldiers and for up to seven days in the case of soldiers serving under a contract;
f. deprivation of the badge of excellence;
g. early transfer to the reserve in the case of soldiers serving under a contract.

Paragraph 55

The following disciplinary penalties may be imposed on conscripted sergeants:
a. reprimand;
b. severe reprimand;
c. deprivation of regularly scheduled leave from the unit;
d. arrest and isolation in the guard-house for up to ten days;
e. deprivation of the badge of excellence;
f. demotion in post;
g. demotion in rank by one grade;
h. demotion in rank by one grade with transfer to a lower post;
i. deprivation of the rank, as well as transfer to a lower post.

Paragraph 56

The following penalties may be imposed on sergeants serving under contract:
a. reprimand;
b. severe reprimand;
c. arrest and isolation in the guard-house for up to seven days;
d. deprivation of the badge of excellence;
e. demotion in post;
f. deprivation of the rank, as well as transfer to a lower post;
g. early transfer to the reserve;
h. deprivation of the sergeant’s rank with the transfer to the reserve during peaceful period.

Paragraph 67

The following penalties may be imposed on ensigns:
a. reprimand;
b. severe reprimand;
c. arrest and isolation in the guard-house for up to seven days;
d. issue of a warning on service misfit;
e. demotion in post;
f. demotion in rank of senior ensign by one grade;
g. demotion in rank of senior ensign by one grade with transfer to a lower post;
h. early transfer to the reserve;
i. deprivation of the rank of ensign, senior ensign with the transfer to the reserve during peaceful period.

Paragraph 74

The following penalties may be imposed on army officers (with the exception of high officers’ staff):
a. reprimand;
b. severe reprimand;
c. arrest and isolation in the guard-house for up to five days (officers commanding a regiment and a brigade, officers with colonelcy are not subject to isolation);
d. issue of a warning on service misfit;
e. demotion in post;
f. demotion in rank by one grade starting from the lieutenant colonels and persons having lower ranks;
g. early transfer to the reserve starting from the deputies of officers commanding a regiment and a brigade and officers having lower posts.

[Authorities entitled to impose disciplinary penalties]

Paragraph 62
Subparagraph d. Officers commanding a company are entitled to arrest and isolate soldiers, sergeants in the guard-house for up to three days.

Paragraph 63
Subparagraph d. Officers commanding a battalion are entitled to arrest and isolate in the guard-house conscripted soldiers and sergeants for up to five days and soldiers and sergeants serving under a contract for up to three days.

Paragraph 64
Subparagraph d. Officers commanding a regiment and a brigade are entitled to arrest in the guard-house conscripted soldiers and sergeants for up to ten days and servicemen and sergeants serving under a contract for up to seven days.

Paragraph 70
Subparagraph b. Officers commanding a regiment and a brigade are entitled to arrest and isolate ensigns in the guard-house for up to three days.

Paragraph 71
Subparagraph b. Officers commanding a brigade and a division are entitled to arrest and isolate ensigns in the guard-house for up to five days.

Paragraph 72
Subparagraph b. Officers commanding corps are entitled to arrest and isolate ensigns in the guard-house for up to seven days.

Paragraph 77
Subparagraph c. Officers commanding a regiment and a brigade are entitled to arrest and isolate officers of ensigns in the guard-house for up to three days.

Paragraph 78
Subparagraph a. Officers commanding corps, a brigade and a division are entitled to arrest and isolate officers of ensigns in the guard-house for up to four days.

Paragraph 79
Subparagraph a. Army commander is entitled to arrest and isolate officers in the guard-house for up to five days.
Period covered: 26/04/2002 -
Articles concerned : 5


ETS No.185
Convention on Cybercrime

Declarations contained in a Note verbale from the Australian Department of Foreign Affairs and Trade deposited with the instrument of accession on 30 November 2012 – Or. Engl., updated in a Communication from the Department of Home Affairs of Australia, dated and registered at the Secretariat General on 17 July 2020 – Or. Engl.

Article 24(7) - Australia’s Designated Competent Authority:

International Crime Cooperation Central Authority
Attorney-General’s Department
3-5 National Circuit
Barton ACT 2600
Australia

E-Mail: iccca@ag.gov.au
Tel: + 61 (0)2 6141 3280

Article 27(2) - Australia’s Designated Competent Authority:

International Crime Cooperation Central Authority
Attorney-General’s Department
3-5 National Circuit
Barton ACT 2600
Australia

E-Mail: iccca@ag.gov.au
Tel: + 61 (0)2 6141 3280

Article 35 - 24/7 Network:

AOCC Watchfloor Operations
Australian Federal police
GPO Box 401
Canberra ACT 2601
Australia

[Note by the Secretariat: For more information please contact the Executive Secretary of the Cybercrime Convention Committee, alexander.seger[at]coe.int.]
Period covered: 01/03/2013 -
Articles concerned : 35, 27, 24

Reservations contained in the instrument of accession deposited on 30 November 2012 – Or. Engl.– Or. fr.

In accordance with Article 42 and Article 22, paragraph 2, of the Convention, Australia reserves the right not to apply the jurisdiction rules laid down in Article 22, paragraph 1.b-d, to offences established in accordance with Article 7 (Computer-related forgery), Article 8 (Computer-related fraud) and Article 9 (Offences related to child pornography). The Parliament of the Commonwealth of Australia does not enjoy a plenary power to make laws establishing offences for computer-related forgery, computer-related fraud or offences related to child pornography. The Parliament of the Commonwealth of Australia has established offences for computer-related forgery, computer-related fraud and offences related to child pornography, committed on board ships flying Australian flags, on board aircraft registered under Australian law, or by Australian nationals outside Australia, where the offending conduct involves some subject matter with respect to which it has legislative power. In addition to those offences, the Australian States and Territories have also established offences in accordance with Articles 7, 8 and 9 when commited on their territory.

In accordance with Article 42 and Article 22, paragraph 2, of the Convention, Australia further reserves the right not to apply the jurisdiction rules laid down in Article 22, paragraphs 1.b-d, to offences established in accordance with Article 10 (Offences related to infringements of copyright and related rights). Autralian law does not presently provide jurisdiction over acts constituting infringements of copyright and related rights committed on board ships flying Australian flags, on board aircraft registered under Australian law, or by Australian nationals outside Australia.
Period covered: 01/03/2013 -
Articles concerned : 22

Reservations contained in the instrument of accession deposited on 30 November 2012 – Or. Engl.– Or. fr.

In accordance with Article 42 and Article 14, paragraph 3.a, of the Convention, Australia reserves the right to apply the measures referred to in Article 20 (Real-time collection of traffic data) only to offences that are punishable by imprisonment for at least 3 years and any other ‘serious offences’ as defined under domestic law governing the collection and recording of traffic data in real time and the interception of content data. Under Australian law, domestic agencies may only gain access to traffic data collected and recorded in real time in relation to offences that are punishable by imprisonment for at least 3 years and other ‘serious offences’. Domestic agencies may only gain access to intercepted content data in relation to ‘serious offences’.
Period covered: 01/03/2013 -
Articles concerned : 14


ETS No.141
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime

Reservation contained in the instrument of ratification, deposited at the Secretariat General on 31 July 1997 - Or. Engl.

In accordance with Article 32, paragraph 2, Australia declares that information or evidence provided by it under Chapter III of the Convention may not, without the prior consent of the competent Australian authorities, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.
Period covered: 01/11/1997 -
Articles concerned : 32

Reservation contained in the instrument of ratification, deposited at the Secretariat General on 31 July 1997 - Or. Engl.

In accordance with Article 25, paragraph 3, Australia declares that it reserves the right to require that requests made to it and documents supporting such requests be accompagnied by a translation into English.
Period covered: 01/11/1997 -
Articles concerned : 25

Declaration contained in the instrument of ratification, deposited at the Secretariat General on 31 July 1997 - Or. Engl.

The Government of Australia declares that, in accordance with Article 23, paragraph 2, the central authority of Australia designated in pursuance of Article 23, paragraph 1, is as follows:


Mutual Assistance Unit
International Branch
Criminal Law Division
Attorney-General''s Department
Robert Garran Offices
National Circuit
BARTON ACT 2600
AUSTRALIA.
Period covered: 01/11/1997 -
Articles concerned : 23

Reservation contained in the instrument of ratification, deposited at the Secretariat General on 31 July 1997 - Or. Engl.

In accordance with Article 21, paragraph 2, Australia declares that judicial documents should be served only through its central authority.
Period covered: 01/11/1997 -
Articles concerned : 21


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Declaration transmitted by a Note verbale from the Permanent Delegation of Australia to the OECD, dated 2 November 2017, registered at the Secretariat General of the OECD on 3 November 2017 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information.
Period covered: 03/11/2017 -
Articles concerned : 28

Declaration transmitted by a Note verbale from the Permanent Delegation of Australia to the OECD, dated 2 November 2017, registered at the Secretariat General of the OECD on 3 November 2017 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on the Exchange of Country-by-Country reports.
Period covered: 03/11/2017 -
Articles concerned : 28

Declaration transmitted by the Australian Permanent Delegation to the OECD at the time of deposit of the instrument of ratification with the Secretary General of OECD on 30 August 2012 - Or. Engl.

Annex C - Definition of the term “national” for the purpose of the Convention

In relation to Australia, the term “national” means any individual possessing the citizenship of Australia; and any legal person, company, partnership or association deriving its status as such from the laws in force in Australia.
Period covered: 01/12/2012 -
Articles concerned : 3

Declaration transmitted by the Australian Permanent Delegation to the OECD at the time of deposit of the instrument of ratification with the Secretary General of OECD on 30 August 2012 - Or. Engl.

Annex B - Competent authorities

In relation to Australia, the term “competent authority” means the Commissioner of Taxation or an authorised representative of the Commissioner.
Period covered: 01/12/2012 -
Articles concerned : 3

Declaration transmitted by the Australian Permanent Delegation to the OECD at the time of deposit of the instrument of ratification with the Secretary General of OECD on 30 August 2012 - Or. Engl.

Article 29 - Territorial application of the Convention

Pursuant to Article 29, paragraph 1, of the Convention, Australia declares that with respect to Australia, the Convention shall apply to Australia, excluding all external territories other than:

(i) the Territory of Norfolk Island;
(ii) the Territory of Christmas Island;
(iii) the Territory of Cocos (Keeling) Islands;
(iv) the Territory of Ashmore and Cartier Islands;
(v) the Territory of Heard Island and McDonald Islands; and
(vi) the Coral Sea Islands Territory,

but including any area adjacent to the territorial limits of Australia (including the Territories specified in this Declaration) in respect of which there is for the time being in force, consistently with international law, a law of Australia dealing with the exploration for or exploitation of any of the natural ressources of the exclusive economic zone or the seabed or subsoil of the continental shelf.
Period covered: 01/12/2012 -
Articles concerned : 29

Declaration transmitted by the Australian Permanent Delegation to the OECD at the time of deposit of the instrument of ratification with the Secretary General of OECD on 30 August 2012 - Or. Engl.

Annex A - Taxes to which the Convention applies

For Australia, the Convention shall apply to taxes of every kind and description imposed under the federal laws of Australia administered by the Commissioner of Taxation which correspond to the taxes in the categories referred to in paragraphs 1(a) and (b)(ii) and (iii) of Article 2 of the Convention.
Period covered: 01/12/2012 -
Articles concerned : 2


CETS No.222
Protocol amending the Additional Protocol to the Convention on the Transfer of Sentenced Persons

Declaration contained in the instrument of ratification deposited on 8 July 2020 – Or. Engl.

In accordance with Article 5, Austria declares that it will apply the provisions of this Protocol on a provisional basis in relation to the other Parties which have made a declaration to the same effect.
Period covered: 08/07/2020 -
Articles concerned : 5


CETS No.212
Fourth Additional Protocol to the European Convention on Extradition

Objection contained in a Note Verbale from the Permanent Representation of Austria, dated 19 October 2020, registered at the Secretariat General on 19 October 2020 - Or. Engl.

The Government of Austria has carefully examined the declarations made by the Republic of Azerbaijan upon signature of the Fourth Additional Protocol to the European Convention on Extradition on 15 October 2019.

Austria considers the first declaration to amount to a reservation, because it aims at generally excluding the application of the Protocol by Azerbaijan in relation to another signatory state, namely the Republic of Armenia, on a unilateral basis.

This reservation is impermissible according to Article 13, paragraph 3, of the Protocol that prohibits reservations to this Protocol except for those specifically mentioned, which do not include the reservation in question.

Furthermore, the reservation is contrary to the functioning of a multilateral treaty framework in general which, unless specifically provided for in the respective treaty, does not allow for the unilateral exclusion of the territory of a state that intends to become or is a State Party by another state that intends to become or is a State Party from the application of multilateral treaty obligations. Austria therefore considers the reservation to be contrary to the provisions and the object and purpose of the Protocol as a multilateral treaty.

Austria objects to the aforementioned reservation. This objection shall not preclude the entry into force of the Convention between the Republic of Austria and the Republic of Azerbaijan.
Period covered: 19/10/2020 -
Articles concerned : -

Objection contained in a Note Verbale from the Permanent Representation of Austria, dated 10 July 2017, registered at the Secretariat General on 11 July 2017 - Or. Engl.

The Government of Austria has examined the declaration made by the Republic of Turkey upon ratification of the Fourth Additional Protocol to the European Convention on Extradition, adopted on 20 September 2012. It welcomes the ratification of the Additional Protocol by Turkey as a significant step for cooperation in extradition procedures. However, as a member State of the European Union, Austria opposes the declaration made by the Republic of Turkey which describes another member State, the Republic of Cyprus, as a defunct entity.

[Note by the Secretariat : Austria refers to its expressions of disagreement with interpretive declarations as “oppositions”, not as “objections”.]
Period covered: 11/07/2017 -
Articles concerned : -


CETS No.210
Council of Europe Convention on preventing and combating violence against women and domestic violence

Objection contained in a Note Verbale from the Permanent Representation of Austria, dated 11 April 2016, registered at the Secretariat General on 13 April 2016 – Or. Engl

The Government of Austria has examined the declaration made by the Republic of Poland upon ratification of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, stating that the Republic of Poland will apply the Convention in accordance with the principles and the provisions of the Constitution of the Republic of Poland.

Austria considers that this declaration amounts to a reservation. According to Article 78 of the Convention, reservations are only permitted with regard to a limited and specified number of Articles. Austria also considers that by referring to the principles and provisions of its constitution, Poland has made a reservation of a general and indeterminate scope which does not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention.

Austria therefore considers this reservation also as incompatible with the object and purpose of the Convention and objects to it.

This objection shall not preclude the entry into force of the Convention between the Republic of Austria and the Republic of Poland.

Period covered: 13/04/2016 -
Articles concerned : -


CETS No.209
Third Additional Protocol to the European Convention on Extradition

Objection contained in a Note Verbale from the Permanent Representation of Austria, dated 7 July 2017, registered at the Secretariat General on 10 July 2017 - Or. Engl.

The Government of Austria has examined the declaration made by the Republic of Turkey upon ratification of the Third Additional Protocol to the European Convention on Extradition, adopted on 10 November 2010. It welcomes the ratification of the Additional Protocol by Turkey as a significant step in simplifying and accelerating extradition procedures. However, as a member State of the European Union, Austria opposes the declaration made by the Republic of Turkey which describes another member State, the Republic of Cyprus, as a defunct entity.

[Note by the Secretariat : Austria refers to its expressions of disagreement with interpretive declarations as “oppositions”, not as “objections”.]
Period covered: 10/07/2017 -
Articles concerned : -

Declaration contained in the instrument of ratification deposited on 10 April 2015 - Or. Engl.

With reference to Article 5.a. of the Protocol, Austria declares that Article 14 of the Convention will not be applied, if the person extradited agrees to the extradition in accordance with Article 4 of this Protocol.
Period covered: 01/08/2015 -
Articles concerned : 5, 4, 14


CETS No.201
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse

Objection contained in the Note verbale No. RECHT-ÖV/0039/2020 from the Permanent Representation of Austria to the Council of Europe, dated 16 December 2020, registered at the Secretariat General on 16 December 2020 – Or. Engl.

The Government of Austria has carefully examined the declarations made by the Republic of Azerbaijan upon ratification of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse on 19 December 2019.

Austria considers the first declaration to amount to a reservation, because it aims at generally excluding the application of the Convention by Azerbaijan in relation to another State Party, namely the Republic of Armenia, on a unilateral basis.

This reservation is impermissible according to Article 48 of the Convention that prohibits reservations to this Convention except for those specifically mentioned, which do not include the reservation in question.

Furthermore, the reservation is contrary to the functioning of a multilateral treaty framework in general which, unless specifically provided for in the respective treaty, does not allow for the unilateral exclusion of the territory of a State that intends to become or is a State Party by another State that intends to become or is a State Party from the application of multilateral treaty obligations. Austria therefore considers the reservation to be contrary to the provisions and the object and purpose of the Convention as a multilateral treaty.

Austria objects to the aforementioned reservation. This objection shall not preclude the entry into force of the Convention between the Republic of Austria and the Republic of Azerbaijan.
Period covered: 16/12/2020 -
Articles concerned : -

Declaration contained in a letter from the Chargé d'affaires a.i. of Austria deposited with the instrument of ratification, on 25 February 2011 - Or. Engl.

In accordance with Article 37, paragraph 2, of the Convention, Austria designates as the single national authority in charge for the purposes of Article 37, paragraph 1, of the Convention :

The Federal Ministry of the Interior
Criminal Intelligence Service Austria
Josef-Holaubek Platz 1
1090 - Wien
Phone: +43-(0)1-24836-85025 to 85027
Email: BMI-II-BK-SPO@bmi.gv.at
Period covered: 01/06/2011 -
Articles concerned : 37


CETS No.198
Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

Declaration contained in the instrument of ratification deposited on 28 July 2020 – Or. Engl./Germ.

Pursuant to Article 53, paragraph 1, read in conjunction with Article 9, paragraph 4, of the Convention, Austria declares that Article 9, paragraph 1, applies only to certain predicate offences, namely pursuant to Article 9, paragraph 4.a, to predicate offences punishable by deprivation of liberty for a maximum of more than one year and pursuant to Article 9, paragraph 4.b, to a list of specified predicate offences.
Period covered: 01/11/2020 -
Articles concerned : 9, 53

Declaration contained in the instrument of ratification deposited on 28 July 2020 – Or. Engl./Germ.

Austria informs with regards to Article 9, paragraph 2.b, of the Convention that the offences set forth in Article 9, paragraph 1, do not fully apply to the persons who committed the predicate offence.
Period covered: 01/11/2020 -
Articles concerned : 9

Declaration contained in the instrument of ratification deposited on 28 July 2020 – Or. Engl./Germ.

Pursuant to Article 53, paragraph 1, read in conjunction with Article 17, paragraph 5, of the Convention, Austria declares that it applies Article 17 only to the categories of offences specified in the list contained in the appendix to this Convention.
Period covered: 01/11/2020 -
Articles concerned : 53, 17

Declaration contained in the instrument of ratification deposited on 28 July 2020 – Or. Engl./Germ.

Pursuant to Article 53, paragraph 1, read in conjunction with Article 3, paragraph 2.a, of the Convention, Austria declares that proceeds from tax offences within the meaning of Article 3 may be suject to confiscation both nationally and through international cooperation, under national and international tax debt recovery legislation.
Period covered: 01/11/2020 -
Articles concerned : 53, 3

Declaration contained in the instrument of ratification deposited on 28 July 2020 – Or. Engl./Germ.

Pursuant to Article 33 of the Convention, Austria declares that the Austrian central authority responsible for sending and answering requests is the Federal Ministry of Justice.
Period covered: 01/11/2020 -
Articles concerned : 33

Declaration contained in the instrument of ratification deposited on 28 July 2020 – Or. Engl./Germ.

Austria informs with regards to Article 18, paragraph 4, of the Convention that it makes the execution of information requests on banking transactions dependant on the same conditions as it applies in respect of requests for search and seizure.
Period covered: 01/11/2020 -
Articles concerned : 18

Declaration contained in the instrument of ratification deposited on 28 July 2020 – Or. Engl./Germ.

Pursuant to Article 17, paragraph 4, of the Convention Austria declares that it makes the execution of information requests on bank accounts dependant on the same conditions as it applies in respect of requests for search and seizure.
Period covered: 01/11/2020 -
Articles concerned : 17


CETS No.197
Council of Europe Convention on Action against Trafficking in Human Beings

Objection contained in a Note verbale from the Permanent Representation of Austria, dated 25 April 2017, registered at the Secretariat General on 25 April 2017 - Or. Engl.

The Government of Austria has examined the declaration made by the Republic of Turkey upon ratification of the Council of Europe Convention on Action against Trafficking in Human Beings, adopted on 16 May 2005. It welcomes the ratification of the Convention by Turkey as a significant step in combatting human trafficking and the protection of human rights. However, as a member State of the European Union, Austria opposes the declaration made by the Republic of Turkey which describes another member State, the Republic of Cyprus, as a defunct entity.

[Note by the Secretariat : Austria refers to its expressions of disagreement with interpretive declarations as “oppositions”, not as “objections”.]
Period covered: 25/04/2017 -
Articles concerned : -


ETS No.185
Convention on Cybercrime

Declaration contained in a Note verbale from the Permanent Representation of Austria deposited with the instrument of ratification, on 13 June 2012 - Or. Engl.

Austria declares that the following authority has been designated as point of contact pursuant to Article 35 of the Convention:

Bundesministerium für Inneres (Federal Ministry of the Interior)
Bundeskriminalamt (Federal Criminal Police Office)
Büro 5.2 Cyber-Crime-Competence-Center
Josef Holaubek Platz 1
1090 Wien

[Note by the Secretariat: For more information please contact the Executive Secretary of the Cybercrime Convention Committee, alexander.seger@coe.int.]
Period covered: 01/10/2012 -
Articles concerned : 35

Reservation contained in the instrument of ratification deposited on 13 June 2012 - Or. Engl.

Austria will, in accordance with Article 29, paragraph 4, of the Convention, refuse a request for mutual assistance to order the preservation of stored computer data, as provided for under Article 16 of the Convention, if the condition of dual criminality is not fulfilled; this does not apply to the offences established in accordance with Articles 2 through 11 of this Convention.
Period covered: 01/10/2012 -
Articles concerned : 29

Declaration contained in a Note verbale from the Permanent Representation of Austria deposited with the instrument of ratification, on 13 June 2012 - Or. Engl.

Austria declares that the following authority has been designated as responsible pursuant to Articles 24, paragraph 7, and 27, paragraph 2, of the Convention on Cybercrime:

Bundesministerium für Justiz (Federal Ministry of Justice)
Abt. IV 4 Internationale Strafsachen (International Criminal Matters)
1070 Wien, Museumstrasse 7
Tel.: +43 1 52 1 52-0
E-Mail: team.s@bmj.gv.at
Period covered: 01/10/2012 -
Articles concerned : 27, 24


ETS No.182
Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Declaration contained in the instrument of ratification deposited on 10 November 2017 - Or. Engl.

In accordance with Article 6, Austria declares that it will regard as judicial authorities the Criminal Courts, the Public Prosecution Services as well as the Federal Ministry of Justice.
Period covered: 01/03/2018 -
Articles concerned : 6

Declaration contained in the instrument of ratification deposited on 10 November 2017 - Or. Engl.

In accordance with Article 27, Austria declares that the competent administrative authorities within the meaning of Article1, paragraph 3, of the Second Additional Protocol are the district administrative authorities having territorial jurisdiction (district chief officers' departments or bodies of a city with a status of its own); however, in matters falling within the remit of the Land police departments in a local authority area in respect of which the Land police department is also the security authority of first instance, the Land police departments as well as the local fiscal law enforcement authorities (tax and customs authorities) are the competent administrative authorities.
Period covered: 01/03/2018 -
Articles concerned : 27, 1

Declaration contained in the instrument of ratification deposited on 10 November 2017 - Or. Engl.

In accordance with Article 19, Austria declares that the Public Prosecution Service where the operation is expected to begin is the competent authority for requests under Article 19.
Period covered: 01/03/2018 -
Articles concerned : 19

Declaration contained in the instrument of ratification deposited on 10 November 2017 - Or. Engl.

In accordance with Article 18, Austria designates the officials of the Federal Ministry of the Interior, Directorate-General for Public Security - Branch for Special Units - Central Surveillance as well as the officials of the customs law enforcement authorities as competent officials for the implementation of a controlled delivery. Austria declares that the authority competent for granting requests under Article 18 is the Public Prosecution Service where crossing of the border is expected to take place or where the controlled delivery will begin.
Period covered: 01/03/2018 -
Articles concerned : 18

In accordance with Article 17, Austria designates the officials of the Federal Ministry of the Interior, Directorate-General for Public Security - Branch for Special Units - Central Surveillance as competent officials for the implementation of a cross-border observation.

In accordance with Section 55, paragraph 1, of the Federal Act of 4 December 1979 on Extradition and Mutual Legal Assistance, Federal Law Gazette Nr.529/1979, the Austrian authority competent for granting cross-border observations is the Public Prosecution Service where crossing of the border is expected to take place or where the observation will begin; in case of an observation of an incoming aircraft, the Public Prosecution Service where landing will take place. Should determination of a competent authority not be possible under these rules, the Vienna Public Prosecution Service is the competent authority for granting cross-border observations.
Period covered: 01/03/2018 -
Articles concerned : 17


ETS No.181
Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows

Objection contained in a Note Verbale from the Permanent Representation of Austria, dated 13 June 2017, registered at the Secretariat General on 15 June 2017 - Or. Engl.

The Government of Austria has examined the declaration made by the Republic of Turkey upon ratification of the of the Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows, adopted on 8 November 2001. It welcomes the ratification of the Protocol by Turkey as a significant step for the promotion of data protection. However, as a member State of the European Union, Austria opposes the declaration made by the Republic of Turkey which describes another member State, the Republic of Cyprus, as a defunct entity.

[Note by the Secretariat : Austria refers to its expressions of disagreement with interpretive declarations as “oppositions”, not as “objections”.]
Period covered: 15/06/2017 -
Articles concerned : -


ETS No.173
Criminal Law Convention on Corruption

Declaration contained in a letter from the Permanent Representative of Austria, deposited with the instrument of ratification on 25 September 2013 – Or. Eng.

Pursuant to Article 29, paragraph 1, of the Convention, Austria designated the Austrian Federal Ministry of Justice as the central authority.

Federal Ministry of Justice
Museumstraße 7
1070 Wien
Austria
Tel.: +43 (0)1 52 1 52-0
Email : post@bmj.gv.at
Period covered: 01/01/2014 -
Articles concerned : 29


ETS No.169
Protocol No. 2 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning interterritorial co-operation

Declaration contained in the full powers handed by the Permanent Representative of Austria to the Deputy Secretary General at the time of signature of the instrument, on 19 October 2005 - Or. Engl. - and in the instrument of ratification deposited on 22 September 2006 - Or. Engl.

The Republic of Austria, in accordance with Article 6, paragraph 1, of the Protocol No. 2 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities, declares that it will apply, pursuant to Article 4 of this Protocol, the provisions of Article 4 of the Additional Protocol only.
Period covered: 23/12/2006 -
Articles concerned : 6


ETS No.166
European Convention on Nationality

Reservation contained in the instrument of ratification deposited on 17 September 1998 - Or. Engl./Fr./Germ.

Concerning Article 8, paragraph 1, Austria declares to retain the right of permitting renunciation of its nationality by a national only in the case that:

1. the national possesses a foreign nationality;

2. no criminal procedure or execution of a criminal sentence is pending in Austria for an offence punishable with more than six months of imprisonment;

3. in the case of the national, being a male person, he is not a member of the Federal Armed Forces and:

a. has not yet passed the age of sixteen or has already passed the age of thirty-six;

b. has fulfilled his regular military or civilian service obligations;

c. has been found unfit for military service by the Recruiting Commission or has been declared permanently unfit for any kind of civilian service by the competent administrative physician;

d. has been dispensed from recruitment to the Federal army for reasons of mental illness or mental disorder, or

e. has fulfilled the military obligations, or in their place service obligations in another State of which he is a national and is therefore dispensed from regular military or civilian service on the basis of a bilateral agreement or an international convention.

The conditions listed under sub-paragraphs 2 and 3 do not apply if the person renouncing his nationality has had his ordinary residence outside the territory of the Republic for a continuous period of not less than five years.
Period covered: 01/03/2000 -
Articles concerned : 8

Reservation contained in the instrument of ratification deposited on 17 September 1998 - Or. Engl./Fr./Germ.

Austria declares to retain the right to deprive a national of its nationality if:

1. he acquired the nationality more than two years ago either through naturalisation or the extension of naturalisation under the Law on Nationality of 1985 as amended;

2. neither Section 10, paragraph 4, nor Section 16, paragraph 2, nor Section 17, paragraph 4, of the Law on Nationality 1985 as amended were applied;

3. on the day of naturalisation (extension of naturalisation) he was not a refugee as defined in the Convention of 28th July 1951 or the Protocol relating to the legal Status of Refugees of 31st January 1967, and

4. despite the acquisition of its nationality he has retained a foreign nationality for reasons he is accountable for.
Period covered: 01/03/2000 -
Articles concerned : 7

Reservation contained in the instrument of ratification deposited on 17 September 1998 - Or. Engl./Fr./Germ.

Austria declares to retain the right to deprive a national of its nationality, if such person, being in the service of a foreign State, conducts himself in a manner seriously prejudicial to the interests or the reputation of the Republic of Austria.
Period covered: 01/03/2000 -
Articles concerned : 7

Reservation contained in the instrument of ratification deposited on 17 September 1998 - Or. Engl./Fr./Germ.

Concerning Article 7 in conjunction with Article 7, paragraph 1, lit (c), Austria declares to retain the right to deprive a national of its nationality, if such person voluntarily enters the military service of a foreign State.
Period covered: 01/03/2000 -
Articles concerned : 7

Reservation contained in the instrument of ratification deposited on 17 September 1998 - Or. Engl./Fr./Germ.

Concerning Article 7 in conjunction with Article 7, paragraph 1, lit (f), Austria declares to retain the right to deprive a national of its nationality whenever it has been ascertained that the conditions leading to the acquisition of nationality ex lege, as defined by its internal law, are not fulfilled any more.
Period covered: 01/03/2000 -
Articles concerned : 7

Reservation contained in the instrument of ratification deposited on 17 September 1998 - Or. Engl./Fr./Germ.

Austria declares that the term “parents/parents” used in Articles 6 and 7 of this Convention does not, according to the Austrian legislation on nationality, include the father of children born out of wedlock.
Period covered: 01/03/2000 -
Articles concerned : 6

Declaration contained in the instrument of ratification deposited on 17 September 1998 - Or. Engl./Fr./Germ.

Austria declares that the term “lawful and habitual residence/résidence légale et habituelle” used in Articles 6 and 9 of this Convention will be interpreted according to the Austrian legislation on nationality as “Hauptwohnsitz” (main domicile) in the sense of the Austrian legislation concerning the main domicile.
Period covered: 01/03/2000 -
Articles concerned : 6

Declaration contained in the instrument of ratification deposited on 17 September 1998 - Or. Engl./Fr./Germ.

Concerning Article 6, paragraph 1, lit (b), Austria declares to retain the right that foundlings found in the territory of the Republic are regarded, until proven to the contrary, as nationals by descent only if they are found under the age of six months.
Period covered: 01/03/2000 -
Articles concerned : 6

Reservation contained in the instrument of ratification deposited on 17 September 1998 - Or. Engl./Fr./Germ.

Concerning Article 6, paragraph 2, lit (b), Austria declares to retain the right to grant an alien nationality only if he:

1. was born in the territory of the Republic and has been stateless since birth;

2. has had his ordinary residence in the territory of the Republic for a period of not less than ten years, of which a continuous period of not less than five years must precede the granting of nationality;

3. has not been convicted with final effect by a domestic court for certain offences, specified in section 14, paragraph 1, sub-paragraph 3, of the Law on Nationality 1985 as amended;

4. has neither been sentenced with final effect by a domestic nor a foreign court to imprisonment of five or more years; if the offences underlying the sentence pronounced by the foreign court are also punishable under domestic law and the sentence was passed in proceedings complying with the principles of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4th November 1950;

5. applies for naturalisation after completing the age of eighteen and not later than two years after attaining majority.
Period covered: 01/03/2000 -
Articles concerned : 6

Reservation contained in the instrument of ratification deposited on 17 September 1998 - Or. Engl./Fr./Germ.

Concerning Article 6, paragraph 4, lit (g), Austria declares to retain the right not to facilitate the acquisition of its nationality for stateless persons and recognised refugees lawfully and habitually resident on its territory (i.e. main domicile) for this reason alone.
Period covered: 01/03/2000 -
Articles concerned : 6

Reservation contained in the instrument of ratification deposited on 17 September 1998 - Or. Engl./Fr./Germ.

Concerning Article 22, lit (a), Austria declares to retain the right that a person who has been exempted from his military obligations in relation to one State Party is not deemed having fulfilled his military obligation in relation to the Republic of Austria.
Period covered: 01/03/2000 -
Articles concerned : 22

Declaration contained in the instrument of ratification deposited on 17 September 1998 - Or. Engl./Fr./Germ.

Concerning Article 22, lit (b), Austria declares that in the Republic of Austria the age referred to in Article 22, lit (b) is considered to have been reached with completion of age 35.
Period covered: 01/03/2000 -
Articles concerned : 22

Reservation contained in the instrument of ratification deposited on 17 September 1998 - Or. Engl./Fr./Germ.

Austria declares that the terms “military obligations/obligations militaires” used in Articles 21 and 22 of this Convention will be interpreted in a manner that they only comprise the obligation of an individual to fulfil his compulsory military service. Other military obligations are not affected by this Convention.
Period covered: 01/03/2000 -
Articles concerned : 21


ETS No.165
Convention on the Recognition of Qualifications concerning Higher Education in the European Region

Declaration contained in a letter from the Permanent Representative of Austria, dated 26 March 1999, registered at the Secretariat General on 26 March 1999 - Or. Engl.

Referring to the Convention on the Recognition of Qualifications concerning Higher Education in the European Region, the Government of Austria submits the following Declaration:

Article II.2
In Austria, the competence to make decisions in recognition cases lies with the organs of the universities or with "Fachhochschul-Studiengänge" or with the "Fachhochschulrat" (advisory council on "Fachhochschule" matters).

Article IV.5
Austria avails itself of the provisions of this Article, intending - at present - to apply it in regard to school leaving certificates from Greece (until the entry into force in Greece of the Law on a unified Lyceum) and from Turkey.

Article VIII.1
Austria is a Party under lit.a, having established a system of formal assessment of higher education institutions and programmes, with separate assessments for universities on one hand and for "Fachhochschul-Studiengänge" on the other.

Article VIII.2
The categories of information addressed in this provision are available in Austria.
Period covered: 01/04/1999 -
Articles concerned : VIII.2, VIII.1, IV.5, II.2

Declaration contained in a letter from the Permanent Representative of Austria, dated 26 March 1999, registered at the Secretariat General on 26 March 1999 - Or. Engl.

Article IX.2
The following office is the national information centre of Austria on recognition matters (*):

NARIC AUSTRIA, Bundesministerium für Bildung, Wissenschaft und Kultur
Abteilung VII/D/3
Teinfaltstrasse 8
A-1014 Wien.

Persons to be addressed:

Dr Heinz KASPAROVSKY, Tel.: 00431.53120/5920, Fax: 00431.53120/7890, Email: heinz.kasparovsky@bmwf.gv.at

Dr Christoph DEMAND, Tel.: 00431.53120/5922, Fax: 00431.5320/7890, Email: christoph.demand@bmwf.gv.at

(*) Name modified by a letter from the Permanent Representative of Austria, dated 26 July 2000, registered at the Secretariat General on 26 July 2000 - Or. Fr.
Period covered: 01/04/1999 -
Articles concerned : IX.2


ETS No.163
European Social Charter (revised)

Declaration contained in the instrument of ratification deposited on 20 May 2011 - Or. Engl.

In accordance with Part III, Article A, paragraph 2, of the Charter, Austria declares that it considers itself bound by the following Articles and paragraphs:

a) In accordance with Article A, paragraph 1, sub-paragraph b:

Articles 1, 5, 12, 13, 16 and 20.

b) In accordance with Article A, paragraph 1, sub-paragraph c:

Article 2, paragraphs 2, 3, 4, 5, 6 and 7;
Article 3, paragraphs 1, 2, 3 and 4;
Article 4, paragraphs 1, 2, 3, and 5;
Article 6, paragraphs 1, 2 and 3;
Article 7, paragraphs 1, 2, 3, 4, 5, 7, 8, 9 and 10;
Article 8, paragraphs 1, 3, 4 and 5;
Article 9 ;
Article 10, paragraphs 1, 2, 3, 4 and 5;
Article 11, paragraphs 1, 2 and 3;
Article 14, paragraphs 1 and 2;
Article 15, paragraphs 1 and 3;
Article 17, paragraphs 1 and 2;
Article 18, paragraphs 1, 2 and 4;
Article 19, paragraphs 1, 2, 3, 5, 6, 7, 9 and 12;
Article 25; Article 26, paragraph 1;
Article 27, paragraphs 1 and 2, and
Article 28.
Period covered: 01/07/2011 -
Articles concerned : A


ETS No.160
European Convention on the Exercise of Children's Rights

Declaration contained in the instrument of ratification deposited on 25 June 2008 - Or. Engl.

In accordance with Article 1, paragraph 4, of the Convention, Austria declares that it will apply the Convention to all family cases before a judicial authority regarding:

- custody
- access/contact
- adoption.
Period covered: 01/10/2008 -
Articles concerned : 1


ETS No.159
Additional Protocol to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities

Declaration contained in the full powers handed at the time of signature on 28 February 2001 - Or. Fr.- and confirmed in the instrument of ratification deposited on 17 March 2004.

The Government of the Republic of Austria, in accordance with Article 8 of the Additional Protocol, declares that it will apply the provisions of Article 4 only.
Period covered: 18/06/2004 -
Articles concerned : 8


ETS No.157
Framework Convention for the Protection of National Minorities

Declaration contained in the instrument of ratification deposited on 31 March 1998 - Or. Engl.

The Republic of Austria declares that, for itself, the term "national minorities" within the meaning of the Framework Convention for the Protection of National Minorities is understood to designate those groups which come within the scope of application of the Law on Ethnic Groups (Volksgruppengesetz, Federal Law Gazette No. 396/1976) and which live and traditionally have had their home in parts of the territory of the Republic of Austria and which are composed of Austrian citizens with non-German mother tongues and with their own ethnic cultures.
Period covered: 01/07/1998 -
Articles concerned : -


ETS No.156
Agreement on Illicit Traffic by Sea, implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

Reservation contained in the instrument of ratification deposited on 14 December 2000 - Or. Engl./Fr./Germ.

The Republic of Austria declares that it will not apply paragraphs 2 and 3 of Article 3 for the reason provided for in Article 3, paragraph 6.
Period covered: 15/03/2001 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 14 December 2000 - Or. Engl./Fr./Germ.

In accordance with Article 17 of the Agreement, the Republic of Austria designates as the competent authority the Federal Ministry for Transport, Innovation and Technology, Radetzkystrasse 2, A-1030 Vienna, Tel.: +431 / 71162 / 5700, Fax: +431 / 71162 / 5799.
Period covered: 15/03/2001 -
Articles concerned : 17


ETS No.148
European Charter for Regional or Minority Languages

Declaration contained in the instrument of ratification deposited on 28 June 2001 - Or. Engl./Ger.

Austria declares that minority languages within the meaning of the Charter in the Republic of Austria shall be the Burgenlandcroatian, the Slovenian, the Hungarian, the Czech, the Slovakian languages and the Romany language of the Austrian Roma minority.

Pursuant to Article 3, paragraph 1, of the Charter, the Republic of Austria shall specify the minority languages to which the provisions selected pursuant to Article 2, paragraph 2, of the Charter shall apply upon the entry into force of the Charter in the Republic of Austria :

Burgenlandcroatian in the Burgenlandcroatian language area in the Land Burgenland :

Article 8, paragraph 1 a ii; b ii; c iii; d iv; e iii; f iii; g; h; i; paragraph 2;
Article 9, paragraph 1 a ii and iii, b ii and iii; c ii and iii; d; paragraph 2 a;
Article 10, paragraph 1 a iii, c; paragraph 2 b and d; paragraph 4 a; paragraph 5;
Article 11, paragraph 1 b ii; c ii; d; e i; f ii; paragraph 2;
Article 12, paragraph 1 a, d; paragraph 2; paragraph 3;
Article 13, paragraph 1 d;
Article 14 b.

Slovenian in the Slovenian language area in the Land Carinthia :

Article 8, paragraph 1 a iv; b ii; c iii; d iv; e iii; f iii; g; h; i; paragraph 2;
Article 9, paragraph 1 a ii and iii, b ii and iii; c ii and iii; d; paragraph 2 a;
Article 10, paragraph 1 a iii, c; paragraph 2 b and d; paragraph 4 a; paragraph 5;
Article 11, paragraph 1 b ii; c ii; d; e i; f ii; paragraph 2;
Article 12, paragraph 1 a, d; f; paragraph 2; paragraph 3;
Article 13, paragraph 1 d;
Article 14 b.

Hungarian in the Hungarian language area in the Land Burgenland :

Article 8, paragraph 1 a ii; b ii; c iii; d iv; e iii; f iii; g; h; i; paragraph 2;
Article 9, paragraph 1 a ii and iii, b ii and iii; c ii and iii; d; paragraph 2 a;
Article 10, paragraph 1 a iii, c; paragraph 2 b and d; paragraph 4 a; paragraph 5;
Article 11, paragraph 1 b ii; c ii; d; e i; f ii; paragraph 2;
Article 12, paragraph 1 a and d; paragraph 2; paragraph 3;
Article 13, paragraph 1 d;
Article 14 b.

The separate specification of these provisions for the territories of each individual Land is in keeping with the federal structure of the Republic of Austria and takes into account the situation of each of these languages in the Land in question.

Part II of the Charter shall be applied to the Burgenlandcroatian, the Slovenian, the Hungarian, the Czech, the Slovakian languages and the Romany language of the Austrian Roma minority upon its entry into force in the Republic of Austria. The objectives and principles laid down in Article 7 of the Charter shall form the bases with regard to these languages. At the same time, Austrian law and established administrative practice thus meet individual requirements laid down in Part III of the Charter.

With regard to Czech in the Land Vienna :

Article 8, paragraph 1 a iv;
Article 11, paragraph 1 d; f ii; paragraph 2;
Article 12, paragraph 1 a and d; paragraph 3;
Article 14 b.

With regard to Slovakian in the Land Vienna :

Article 8, paragraph 1 a iv;
Article 11, paragraph 1 d; f ii; paragraph 2;
Article 12, paragraph 1 a and d; paragraph 3;
Article 14 b.

With regard to Romany in the Land Burgenland :

Article 8, paragraph 1 f iii;
Article 11, paragraph 1 b ii; d; f ii;
Article 12, paragraph 1 a and d; paragraph 3;
Article 14 b.

With regard to Slovenian in the Land Styria :

Article 8, paragraph 1 a iv; e iii; f iii;
Article 11, paragraph 1 d; e i; f ii; paragraph 2;
Article 12, paragraph 1 a and d; paragraph 2; paragraph 3;
Article 13, paragraph 1 d;
Article 14 b.

With regard to Hungarian in the Land Vienna :

Article 8, paragraph 1 a iv; e iii; f iii;
Article 11, paragraph 1 d; e i; f ii;
Article 12, paragraph 1 a and d; paragraph 2; paragraph 3;
Article 13, paragraph 1 d;
Article 14 b.

The separate specification of these provisions for the territory of each individual Land is in keeping with the federal structure of the Republic of Austria and takes into account the situation of each of these languages in the Land in question.

In accordance with the national distribution competencies, the way in which the above-mentioned provisions of Part III are implemented through legal regulations and Austria's administrative practice with due regard to the objectives and principles specified in Article 7 of the Charter shall be the responsibility of either the Federation or the competent Land.
Period covered: 01/10/2001 -
Articles concerned : 3, 2


ETS No.147
European Convention on Cinematographic Co-Production

Declaration contained in a letter from the Permanent Representation of Austria, dated 21 March 1995, registered at the Secretariat General on 28 March 1995 - Or. Fr.

In accordance with Article 5, paragraph 5, of the Convention, the competent authority in Austria is :

Federal Ministry for Economic Affairs
Bundesministerium für wirtschaftliche Angelegenheiten
Abt. Präs. 9
Stubenring 1
A-1011 Wien.
Period covered: 28/03/1995 -
Articles concerned : 5


ETS No.142
Protocol amending the European Social Charter

Declaration contained in the instrument of ratification, deposited on 13 July 1995 - Or. Engl./Ger.

The Republic of Austria declares that with regard to Article 4 she considers herself bound only by the English text.
Articles concerned : 4


ETS No.141
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime

Reservation contained in the instrument of ratification, deposited on 7 July 1997 - Or. Engl./All.

The Republic of Austria declares in accordance with Article 6, paragraph 4, that Article 6, paragraph 1, will apply only to predicate offences which are crimes ("Verbrechen") under Austrian penal legislation (paragraph 17 of the Austrian Penal Code).
Period covered: 01/11/1999 -
Articles concerned : 6

Declaration contained in a Note Verbale from the Permanent Representation of Austria, dated 4 July 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 7 July 1997 - Or. Engl.

The central authority under Article 23 is:

Bundesministerium für Justiz
Museumsstraße 7
1070 Wien
Period covered: 01/11/1999 -
Articles concerned : 23

Reservation contained in the instrument of ratification, deposited on 7 July 1997 - Or. Engl./All.

The modalities of serving judicial documents under Article 21, paragraph 2, will be permitted in Austria only insofar as provided for in another bilateral or multilateral treaty.
Period covered: 01/11/1999 -
Articles concerned : 21


ETS No.132
European Convention on Transfrontier Television

Declaration contained in a Note Verbale from the Permanent Representation of Austria, dated 7 August 1998, handed to the Secretary General at the time of deposit of the instrument of ratification, on 7 August 1998 - Or. Engl.

The Central Authority in Austria, designated in accordance with Article 19, paragraph 2, of the European Convention on Transfrontier Television, is the

Bundeskanzleramt - Verfassungsdienst
Ballhausplatz 2
A 1014 Wien
Austria
Tel: 0043 1 53115-0.
Period covered: 01/12/1998 -
Articles concerned : 19


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Declarations transmitted by a Note Verbale from the Permanent Representation of Austria to the Council of Europe to the Secretariat General of the Council of Europe on 15 November 2018 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on the Exchange of Country-by-Country reports.
Period covered: 15/11/2018 -
Articles concerned : 28

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 28 August 2014 - Or. Engl.

Pursuant to paragraph 1.a of Article 30 of the Convention, the Republic of Austria reserves the right not to provide any form of assistance in relation to the taxes of other Parties included in any of the following categories listed in sub-paragraph b of paragraph 1 of Article 2:

i. taxes on income, profits, capital gains or net wealth which are imposed on behalf of political subdivisions or local authorities of a Party;
ii. compulsory social security contributions payable to general government or social security institutions established under public law;
iii. taxes in other categories, except customs duties, imposed on behalf of a Party, namely:
A. estate, inheritance or gift taxes,
B. taxes on immovable property,
D. specific taxes on goods and services such as excise taxes,
E. taxes on the use or ownership of motor vehicles,
F. taxes on the use or ownership of movables property other than motor vehicles,
G. any other taxes;
iv. taxes in categories referred to in sub-paragraph iii above which are imposed on behalf of political subdivisions or local authorities of a Party.
Period covered: 01/12/2014 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 28 August 2014 - Or. Engl.

Pursuant to paragraph 1.b of Article 30 of the Convention, the Republic of Austria reserves the right not to provide assistance in the recovery of any tax claim or in the recovery of an administrative fine, for all taxes listed in paragraph 1 of Article 2 of the Convention.
Period covered: 01/12/2014 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 28 August 2014 - Or. Engl.

Pursuant to paragraph 1.c of Article 30 of the Convention, the Republic of Austria reserves the right not to provide assistance in respect of any tax claim, which is in existence at the date of entry into force of the Convention in respect of the Republic of Austria.
Period covered: 01/12/2014 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 28 August 2014 - Or. Engl.

Pursuant to paragraph 1.d of Article 30 of the Convention, the Republic of Austria reserves the right not to provide assistance in the service of documents for the taxes listed in the reservation made pursuant to paragraph 1.a of Article 30 of the Convention.
Period covered: 01/12/2014 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 28 August 2014 - Or. Engl.

Pursuant to paragraph 1.f of Article 30 of the Convention, the Republic of Austria reserves the right not to apply paragraph 7 of Article 28 exclusively for administrative assistance related to taxable periods beginning on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party.
Period covered: 01/12/2014 -
Articles concerned : 30

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 28 August 2014 - Or. Engl.

ANNEX B – Competent Authorities

In relation to the Republic of Austria, the term “competent authority” means the Federal Minister for Finance or his authorised representative.
Period covered: 01/12/2014 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 28 August 2014 - Or. Engl.

ANNEX A – Existing taxes to which the Convention shall apply

Article 2, paragraph 1.a.i

- income tax (Einkommensteuer)
- corporation tax (Körperschaftsteuer)

Article 2, paragraph 1b.iii. C

- value-added tax (Umsatzsteuer).
Period covered: 01/12/2014 -
Articles concerned : 2


ETS No.124
European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations

Declaration contained in a letter from the Permanent Representative dated 25 May 1992, registered at the Secretariat General on 26 May 1992 - Or. Fr.

In accordance with Article 3, paragraph 1, the competent authority is the Federal Ministry of the Interior.
Period covered: 01/08/1992 -
Articles concerned : 3


ETS No.122
European Charter of Local Self-Government

Declaration contained in the instrument of ratification, deposited on 23 September 1987 - Or. Engl./Fr./Germ.

In accordance with Article 12, paragraph 2 of the Charter, the Republic of Austria declares to consider herself bound by the following Articles and paragraphs :

- Article 2
- Article 3, paragraphs 1 and 2
- Article 4, paragraphs 1 and 4
- Article 5,
- Article 7, paragraph 1
- Article 9, paragraphs 1 to 3
- Article 10, paragraph 1

and:

- Article 4, paragraph 6
- Article 6, paragraphs 1 and 2
- Article 7, paragraph 3
- Article 8, paragraphs 1 and 3
- Article 9, paragraphs 4 to 8
- Article 10, paragraphs 2 and 3
Period covered: 01/09/1988 -
Articles concerned : 12


ETS No.121
Convention for the Protection of the Architectural Heritage of Europe

Reservation made at the time of signature, on 3 October 1985 - Or. Engl.

The Republic of Austria, according to Article 25, paragraph 1 of the Convention for the Protection of the Architectural Heritage of Europe, declares that it reserves the right not to comply in whole with the provisions of Article 4, paragraphs c) and d).
Articles concerned : 4


ETS No.117
Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms

Declarations contained in the instrument of ratification, deposited on 14 May 1986 - Or. Engl./Fr.

The Republic of Austria declares:

1. Higher Tribunals in the sense of Article 2, paragraph 1, include the Administrative Court and the Constitutional Court.

2. Articles 3 and 4 exclusively relate to criminal proceedings in the sense of the Austrian code of criminal procedure.
Period covered: 01/11/1988 -
Articles concerned : 4, 3, 2


ETS No.116
European Convention on the Compensation of Victims of Violent Crimes

Reservation contained in the instrument of ratification deposited on 30 August 2006 - Or. Engl.

In accordance with Article 18 of the Convention, Austria declares that the Convention shall be applicable for persons who are not citizens of the European Union or of States Parties to the Agreement on the European Economic Area only if the crime against them was committed after 30 June 2005 in Austria or on board of an Austrian ship or aircraft, wherever it is situated, and if they stayed lawfully there at the time when the crime occurred.
Period covered: 01/12/2006 -
Articles concerned : 3, 18

Declaration contained in the instrument of ratification deposited on 30 August 2006 - Or. Engl.

Pursuant to Article 12 of the Convention, the Republic of Austria designates the Federal Office for Social Affairs as the central authority.
Period covered: 01/12/2006 -
Articles concerned : 12


ETS No.112
Convention on the Transfer of Sentenced Persons

Declaration contained in the instrument of ratification, deposited on 9 September 1986 - Or. Germ/Engl/Fr.

Austria will in principle apply the procedure referred to in Article 9, paragraph 1, subsection b, - Article 11 -. However, the application of the procedure referred to in Article 9, paragraph 1, subsection a - Article 10 -, in cases where the other Contracting Party is not willing to apply the procedure referred to in Article 9, paragraph 1, subsection b - Article 11 - and where an interest of transfer prevails, is not excluded.
Period covered: 01/01/1987 -
Articles concerned : 9, 3

Declaration contained in the instrument of ratification, deposited on 9 September 1986 - Or. Germ/Engl/Fr. .

If requests for transfer and supporting documents are not written in German, French or English they must be accompanied by a translation into one of these languages.
Period covered: 01/01/1987 -
Articles concerned : 17

Declaration contained in the instrument of ratification, deposited on 9 September 1986 - Or. Germ/Engl/Fr. .

Austria requests to be notified of the transit by air of sentenced persons. The transit by air will not be authorised if the person to be transferred is an Austrian citizen.
Period covered: 01/01/1987 -
Articles concerned : 16


ETS No.108
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Objection contained in a Note verbale from the Permanent Representation of Austria, dated 10 April 2017, registered at the Secretariat General on 11 April 2017 - Or. Engl.

The Government of Austria has examined the declaration made by the Republic of Turkey upon ratification of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, adopted on 28 January 1981. It welcomes the ratification of the Convention by Turkey as a significant step for the promotion of data protection. However, as a member State of the European Union, Austria opposes the declaration made by the Republic of Turkey which describes another member State, the Republic of Cyprus, as a defunct entity.

[Note by the Secretariat : Austria refers to its expressions of disagreement with interpretive declarations as “oppositions”, not as “objections”.]
Period covered: 11/04/2017 -
Articles concerned : -

Declaration contained in a letter from the Deputy Permanent Representative of Austria, dated 27 July 1999, registered at the Secretariat General on 26 August 1999 - Or. Fr.

The Government of Austria accepts the amendments proposed by the Consultative Committee to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and approved by the Committee of Ministers at its 675th meeting (15 June 1999, item 10.3) held at the Deputies level.
Articles concerned : 21

Interpretative declaration contained in the instrument of ratification deposited on 30 March 1988 - Or. Ger./Engl./Fr.

The Republic of Austria takes the assumption that the contents of the phrase "provided for by the law of the Party" contained in the introductory sentence of Article 9(2) of the Convention conforms to the contents of the phrase "in accordance with the law" contained in Article 8(2) of the European Convention on Human Rights, and that it is therefore in agreement with the Convention if under the Austrian basic right to data protection it is admissible to restrict such basic right only if provided for by the law.
Period covered: 01/07/1988 -
Articles concerned : 9

Interpretative declaration contained in the instrument of ratification deposited on 30 March 1988 - Or. Ger./Engl./Fr.

The Republic of Austria takes the assumption that, in its scope, the restriction in the interest of the "monetary interests of the State" as provided for in Article 9(2)a of the Convention in conjunction with the restriction under paragraph 2(b) corresponds to the restriction in the interest of the "economic well-being of the country" contained in Article 8(2) of the European Convention on Human Rights.
Period covered: 01/07/1988 -
Articles concerned : 9

Interpretative declaration contained in the instrument of ratification deposited on 30 March 1988 - Or. Ger./Engl./Fr.

The Republic of Austria takes the assumption that this requirement [Article 5.e] is fully met by the stipulation of the Austrian Data Protection Act concerning the deletion of data upon application by the data subject.
Period covered: 01/07/1988 -
Articles concerned : 5

Declaration contained in the instrument of ratification deposited on 30 March 1988 - Or. Ger./Engl./Fr.

In accordance with Article 3(2)b it is hereby notified that Austria will also apply this Convention to information relating to groups of persons, associations, foundations, companies, corporations or any other bodies consisting directly or indirectly of individuals whether or not such bodies possess legal personality (legal persons or associations of persons within the meaning of section 3(2), Data Protection Act).
Period covered: 01/07/1988 -
Articles concerned : 3

Interpretative declaration contained in the instrument of ratification deposited on 30 March 1988 - Or. Ger./Engl./Fr.

The Republic of Austria takes the assumption that the term "dissemination" covers the terms "communication" and "making available" used in section 3 paragraphs 9 and 10 of the amendment to the Austrian Data Protection Act, Federal Law Gazette No. 370/1986.
Period covered: 01/07/1988 -
Articles concerned : 2

Declaration contained in the instrument of ratification deposited on 30 March 1988 - Or. Ger./Engl./Fr.

In compliance with Article 13(2) it is hereby notified that the authority responsible for rendering assistance in the implementation of this Convention shall be:

Bundeskanzleramt
Ballhausplatz 2,
A-1014 VIENNA
Period covered: 01/07/1988 -
Articles concerned : 13


ETS No.105
European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children

Declaration made at the time of deposit of the instrument of ratification, on 12 April 1985 - Or. Engl.

The Republic of Austria appoints, in accordance with the provisions of Article 2, the Federal Ministry of Justice, A-1016 Wien, Postfach 63, as Central Authority.
Period covered: 01/08/1985 -
Articles concerned : 2


ETS No.099
Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Declaration contained in the instrument of ratification, deposited on 2 May 1983 - Or. Engl.

On the grounds of the Austrian reservation to Article 2, paragraph b. of the Convention and with a view to Article 8, paragraph 1, of the Protocol, the Republic of Austria declares that mutual assistance according to Chapter I of the Protocol will be granted only under the condition that - in conformity with Austrian legislation on secrecy - information and evidence received by way of mutual assistance will only be used in the criminal proceedings for which mutual assistance was requested and in directly related proceedings in respect of offences in connection with taxes, duties and customs.
Period covered: 31/07/1983 -
Articles concerned : 8


ETS No.098
Second Additional Protocol to the European Convention on Extradition

Declaration contained in a letter from the Permanent Representative of Austria, dated 8 September 1994, registered at the Secretariat General on 9 September 1994 - Or. Fr. .

With respect to the member States of this Additional Protocol, Austria declares that, under the conditions provided by Chapter II, it will grant extradition also for offences which are exclusively contraventions against regulations concerning monopolies on the export, import, transit and rationing of goods.
Period covered: 09/09/1994 -
Articles concerned : 2


ETS No.094
European Convention on the Service Abroad of Documents relating to Administrative Matters

Declaration contained in a letter from the Permanent Representation of Austria, dated 7 October 2011, registered at the Secretariat General on 22 November 2011- Or. Engl.

The Republic of Austria declares, in pursuance of Article 2 (5), that the following authorities are hereby designated as central authorities to receive and take action on requests for service of documents emanating from authorities of other Contracting States;

A. In respect of documents relating to matters concerning refugees, arms and weapons, or police regulations on aliens, for the whole federal territory:

Bundesministerium für Inneres (Federal Ministry of the Interior)
Herrengasse 7
1014 Wien

B. Otherwise, for each of the Länder the Amt der Landesregierung (Office of the Land Government) as follows:

a. for the Land of Burgenland: Amt der Burgenländischen Landesregierung, Europaplatz 1, 7000 Eisenstadt;

b. for the Land of Kärnten: Amt der Kärntner Landesregierung, Arnulfplatz 1, 9020 Klagenfurt am Wörthersee;

c. for the Land of Niederösterreich: Amt der Niederösterreichischen Landesregierung, Landhausplatz 1, 3109 St. Pölten;

d. for the Land of Oberösterreich: Amt der Oberösterreichischen Landesregierung, Landhausplatz 1, 4021 Linz;

e. for the Land of Salzburg: Amt der Salzburger Landesregierung, Postfach 527/Chiemseehof, 5010 Salzburg;

f. for the Land of Steiermark: Amt der Steiermärkischen Landesregierung, 8011 Graz-Burg;

g. for the Land of Tirol: Amt der Tiroler Landesregierung, Eduard-Wallnöfer-Platz 3, 6020 Innsbruck;

h. for the Land of Vorarlberg: Amt der Vorarlberger Landesregierung, Landhaus, 6901 Bregenz;

i. for the Land of Wien: Amt der Wiener Landesregierung, Rathaus, 1082 Wien.


Period covered: 22/11/2011 -
Articles concerned : 3

Declaration contained in the instrument of ratification, deposited on 24 November 1982 - Or. Engl.

On ratification of the Convention the Republic of Austria declares, in pursuance of Article 1, paragraph 2, that the Convention shall also apply to fiscal matters and criminal matters on the basis of reciprocity.
Period covered: 01/03/1983 -
Articles concerned : 1

Declaration contained in the instrument of ratification, deposited on 24 November 1982 - Or. Engl.

On ratification of the Convention the Republic of Austria declares, in pursuance of Article 11, paragraph 2, that service directly through the post shall be permitted on the basis of reciprocity except for documents :

a. ordering expropriation,

b. relating to the ascertainment of the fitness for military service of persons liable to military service, or calling up the recipient for military service, or - as far as an Austrian national is concerned - ordering that any property of his located in another country shall be used permanently or temporarily for military purposes,

c. containing a ruling based on the Convention on the Legal Status of Refugees of 28 July 1951, or

d. relating to a matter concerning arms and weapons or police regulations on aliens.
Period covered: 01/03/1983 -
Articles concerned : 11

Declaration contained in the instrument of ratification, deposited on 24 November 1982 - Or. Engl.

On ratification of the Convention the Republic of Austria declares that service by consular officers or diplomatic agents under Article 10, paragraph 2, is objected to except for such documents as are served by consular officers or diplomatic agents upon their own nationals;
Period covered: 01/03/1983 -
Articles concerned : 10


ETS No.092
European Agreement on the Transmission of Applications for Legal Aid

Reservation contained in the instrument of ratification, deposited on 15 February 1982 - Or. Engl/Germ.

The Republic of Austria, according to Article 13, paragraph 1, declares that she entirely excludes the application of Article 6, paragraph 1, lit. b.
Period covered: 16/03/1982 -
Articles concerned : 6

Declaration contained in the instrument of ratification, deposited on 15 February 1982 - Or. Engl/Germ.

According to Article 8 of the European Agreement on the Transmission of Applications for Legal Aid the Republic of Austria declares that the transmitting authorities in the Republic of Austria as referred to in Article 2, paragraph 1 of the Agreement are the district courts (Bezirksgerichte) authorised to exercise jurisdiction in civil affairs, the receiving authority in the Republic of Austria as referred to in Article 2, paragraph 2 of the Agreement is the Federal Ministry of Justice.
Period covered: 16/03/1982 -
Articles concerned : 2


ETS No.087
European Convention for the Protection of Animals kept for Farming Purposes

Objection contained in a Note Verbale from the Permanent Representation of Austria, dated 10 August 2018, registered at the Secretariat General on 14 August 2018 - Or. Engl.

The Government of Austria has examined the declaration made by the Republic of Turkey upon ratification of the European Convention for the Protection of Animals kept for Farming Purposes, adopted on 10 March 1976. It welcomes the ratification of the Convention by Turkey. However, as a member State of the European Union, Austria opposes the declaration made by the Republic of Turkey which describes another member State, the Republic of Cyprus, as a defunct entity.

[Note by the Secretariat: Austria refers to its expressions of disagreement with interpretative declarations as “oppositions”, not as “objections”.]
Period covered: 14/08/2018 -
Articles concerned : -


ETS No.083
European Convention on the Social Protection of Farmers

Reservations made at the time of signature, on 3 December 1975, and contained in the instrument of ratification, deposited on 15 February 1983 - Or. Engl./Fr.

In accordance with the provisions of Article 19, paragraph 1, of the European Convention on the Social Protection of Farmers, the Republic of Austria declares that it reserves the right provided for in the Annex, points 4 and 5 :

Point 4 : not to apply the provisions of Article 5, paragraph 1, sub-paragraph d. ;

Point 5 : not to apply the provisions of Article 5, paragraph 3.
Period covered: 16/05/1983 -
Articles concerned : 5, 19


ETS No.080
Agreement on the Transfer of Corpses

Declaration contained in a letter from the Permanent Representative of Austria, dated 25 July 1978, registered at the Secretariat General on 27 July 1978 - Or. Fr.

The competent authority referred to in Article 3.1, Article 5 and Article 6.1 and 3 is the following :

- in the Bundesland Niederösterreich : the Mayor, competent for the place of death ;

- in all other Bundesländer : the District Authority (Bezirksverwaltungsbehörde) competent for the place of death.
Period covered: 11/08/1978 -
Articles concerned : 8


ETS No.078A
Supplementary Agreement for the Application of the European Convention on Social Security

Article 4, paragraph 5 : Provisions of arrangements remaining in force (Annex 5)

Austria-Belgium

Arrangement of 1 December 1977 for the application of the Convention on Social Security of 4 April 1977.

Austria-France

Administrative Arrangement of 1 September 1972 for the application of the General Convention on Social Security of 28 May 1971.

Austria-Germany

- Arrangement of 22 December 1966 for the application of the Convention on Social Security and First Supplementary Arrangement of 10 April 1969 and Second Supplementary Arrangement of 29 March 1974.
- Arrangement of 30 January 1953 for the application of the Convention on Unemployment Insurance, as amended by the Arrangement of 31 October 1953.

Austria-Italy

Administrative Agreement of 21 January 1981 for the application of the Convention on Social Security of 21 January 1981.

Austria-Spain

Agreement, dated 8 april 1983, for the application of the Convention on Social Security between Spain and the Republic of Austria.

Austria-Sweden

Arrangement of 1 June 1976 for the application of the Convention on Social Security.

Austria-Switzerland

Arrangement of 1 October 1968 for the application of the Convention on Social Security and Supplementary Arrangement of 2 May 1974 for the application of the Supplementary Arrangement of 17 May 1973.

Austria-Turkey

Arrangement of 15 November 2000 for the application of the Convention on Social Security of 28 october 1999.

Austria-United Kingdom

Administrative Arrangement for the application of the Convention on Social Security of 18 June 1972.

[Note by the Secretariat: Initial declaration contained in the official annexes adopted by the Committee of Ministers in 1972 - Last up-dating transmited by a letter from the Permanent Representative of Austria, registered at the Secretariat General on 12 September 2001 - Or. Engl./Fr. ]
Period covered: 01/03/1977 -
Articles concerned : 6, 46, 4

Article 48, paragraph 1 : Banking Institutions (Annex 6)

Österreichische Nationalbank (National Bank of Austria), Vienna.

[Note by the Secretariat : Initial declaration contained in the official annexes adopted by the Committee of Ministers in 1972.]
Period covered: 01/03/1977 -
Articles concerned : 48, 4

Article 4, paragraph 1 : Competent authorities (Annex 1)

Bundesminister für soziale Sicherheit und Generationen (Federal Minister of Social Security and Generations), Vienna;

with regard to unemployment : Bundesminister für Wirtschaft und Arbeit (Federal Minister for Economic Affairs and Labour), Vienna.

[Note by the Secretariat : Last up-dating transmitted by a letter from the Permanent Representative of Austria, registered at the Secretariat General on 12 September 2001 - Or. Engl./Fr.]
Period covered: 01/03/1977 -
Articles concerned : 4

Article 4, paragraph 3 : Institutions of the place of residence and institutions of the place of temporary residence (Annex 3)

1. Sickness
Gebietskrankenkasse (Regional fund for sickness insurance) which is locally competent for the place of residence or temporary residence of the beneficiary.

2. Occupational injuries and diseases
a. Gebietskrankenkasse (Regional fund for sickness insurance) which is locally competent for the place of residence or temporary residence providing that it is a question of the granting of benefits in kind or in cash (apart from pensions and death grants).

b. Allgemeine Unfallversicherungsanstalt (the general office for accidents insurance) at Vienna with respect to the payment of cash benefits (apart from cash benefits within the meaning of sub-paragraph (a) and provided that Article 68 of this agreement is being applied.

3. Unemployment
Regionale Geschäftsstelle des Arbeitsmarktservice (Local Office of Labour market Service) which is competent for the place of residence or temporary residence of the beneficiary.

4. Family benefits
Finanzamt (Finance Office) which is competent for the place of residence or temporary residence of the beneficiary.

[Note by the Secretariat : Last-up-dating transmitted by a letter from the Permanent Representative of Austria, registered at the Secretariat General on 12 September 2001 - Or. Engl./Fr.]
Period covered: 01/03/1977 -
Articles concerned : 4

Article 4, paragraph 2 : Competent Institutions (Annex 2)

Unless otherwise stated in this annex, Austrian laws and regulations determine the competent institution.

1. Sickness and maternity
Hauptverband der österreichischen Sozialversicherungsträger (Central Association of the Austrian Social Insurance Institutions), Vienna, it being understood that the refund of expenses in pursuance of Article 24, paragraph 2, of the Convention shall be effected from contributions to sickness insurance of the pensioners, paid by the pension insurance institutions to the said Central Association.

2. Invalidity, old age, death (pensions)
The competence of Austrian pension insurance institutions concerning the decision on claims and provision of pensions is exclusively determined by Austrian laws and regulations. The determination of the Austrian competent institution is the responsibility of the Hauptverband der österreichischen Sozialversicherungsträger (Central Association of the Austrian Social Insurance Institutions), Vienna.

3. Unemployment
Bundesministerium für Wirtschaft und Arbeit (Federal Ministry for Economic Affairs and Labour), Vienna.

4. Family benefits
Bundesministerium für soziale Sicherheit und Generationen (Federal Ministry for Social Security and Generations), Vienna.

Article 4, paragraph 4 : The Liaison Bodies (Annex 4)

1. Sickness, accidents and pensions
Hauptverband der österreichischen Sozialversicherungsträger (Central Association of Austrian Social Security Institutions), Vienna.

2. Unemployment
Bundesministerium für Wirtschaft und Arbeit (Federal Ministry for Economic Affairs and Labour), Vienna.

3. Family allowances
Bundesministerium für soziale Sicherheit und Generationen (Federal Ministry for Social Security and Generations), Vienna.

Article 4, paragraph 7: Institutions designated by the Competent Authorities of the Contracting Parties (Annex 7)

1. For the application of Article 7, paragraph 1, of this Agreement:

a. the competent Austrian institution according to the nature of the occupation last exercised;
b. where the nature of the occupation last exercised cannot be determined: Pensionsversicherungsanstalt der Arbeiter (Workers' Pension Insurance Office), Vienna.

2. For the application of Article 12, paragraph 1, of this Agreement:

a. the competent institution for sickness insurance.
b. for persons not covered by sickness insurance: the competent institution for accident insurance.

3. For the application of Article 14, paragraphs 2 and 3, of this agreement: the competent institution for sickness insurance.

4. For the application of Article 22, paragraph 1, of this Agreement:
Gebietskrankenkasse (Regional Fund for Sickness Insurance) competent for permanent or temporary place of residence.

5. For the application of Article 34 of this Agreement:
Gebietskrankenkasse (Regional Fund for Sickness Insurance) within whose area of competence the members of the family reside.

6. For the application of Article 57, paragraph 1, of this Agreement:
Hauptverband der österreichischen Sozialversicherungsträger (Central Association of the Austrian Social Insurance Institutions), Vienna.

7. For the application of Article 63 of this Agreement:
Gebietskrankenkasse (Regional Fund for Sickness Insurance) within whose area of competence the members of the family reside.

8. For the application of Article 72, paragraph 2, of this Agreement:
Gebietskrankenkasse (Regional Fund for Sickness Insurance) with which the person concerned was insured in his last employment.

9. For the application of the second sentence of Article 73, paragraph 2, second sentence of this Agreement:
Regionale Geschäftsstelle des Arbeitsmarktservice (Local Office of the Labour market Service) of the district where the new place of residence or temporary residence of the unemployed worker is situated.

10. For the application of Articles 76 and 77 of this Agreement:
a. the Regionale Geschäftsstelle des Arbeitsmarktservice (Local Office of the Labour market Service) from which the worker last received benefit in Austria;
b. where the worker did not receive benefit in Austria: the Regionale Geschäftsstelle des Arbeitsmarktservice (Local Office of the Labour market Service) in the district in which the last place of employment in Austria is situated.

11. For the application of Article 78, paragraph 2, of this Agreement:
Gebietskrankenkasse (Regional Fund for Sickness Insurance) in the district in which the occupation concerned was exercised.

12. For the application of Article 83, paragraph 1, of this Agreement:
the Regionale Geschäftsstelle des Arbeitsmarktservice (Local Office of the Labour market Service) from which the employed person receives benefit.

13. For the application of Article 84 of this Agreement:
Hauptverband der österreichischen Sozialversicherungsträger (Central Association of the Austrian Social Insurance Institutions), Vienna, when the local competent institution is not known.

14. For the application of Article 87, paragraph 2, of this Agreement:
Hauptverband der österreichischen Sozialversicherungsträger (Central Association of the Austrian Social Insurance Institutions), Vienna, it being understood that the refund of expenses for benefits in kind shall be effected from contributions to sickness insurance of the pensioners, paid by the pension insurance institutions to the said Central Association.

[Note by the Secretariat : Last up-dating transmitted by a letter from the Permanent Representative of Austria, registered at the Secretariat General on 12 September 2001 - Or. Engl./Fr.]
Period covered: 01/03/1977 -
Articles concerned : 4


ETS No.078
European Convention on Social Security

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

Austria-Italy

Convention on social security of 21 January 1981.

[Note by the Secretariat : Last up-dating transmitted by a letter from the Permanent Representative of Austria, registered at the Secretariat General on 12 September 2001 - Or. Engl./Fr.]
Period covered: 01/03/1977 -
Articles concerned : 9

Declaration contained in a letter from the Minister for Foreign Affairs of Austria dated 14 December 1972 handed to the Secretary General at the time of signature on the same day and renewed at the time of deposit of the instrument of ratification on 10 June 1975  Or. Fr./Engl.

The Republic of Austria declares that it interprets paragraph 3 of Article 73 of the European Convention on Social Security as meaning that this provision does not empower the Committee of Ministers of the Council of Europe to decide whether an opposition is valid or not.
Period covered: 01/03/1977 -
Articles concerned : 73

Annex VII: Particular measures for the application of the legislation of the Contracting Parties

A. Application of Austrian legislation concerning sickness insurance, insurance against occupational injuries and diseases and pensions insurance

1. The provisions of Article 8, paragraph 1, of this Convention do not affect the provisions of the bilateral conventions between Austria and other States which govern insurance liabilities.

2. The provisions of Article 8, paragraph 1, of this Convention shall apply with regard to the provisions of Austrian legislation concerning the taking into account of periods of war service and periods considered as such only to nationals of the other Contracting Parties who where Austrian nationals immediately before 13 March 1938.

3. The benefits provided under Austrian pension insurance shall be calculated in accordance with the provisions of Article 29, paragraph 5, of this Convention directly, solely on the bases of the periods completed under Austrian legislation, taking into account the following provisions :

a. Benefits or parts of benefits, the amount of which does not depend on the duration of the periods of insurance completed, shall be payable in proportion to the ratio of the Austrian periods of insurance to thirty years, but shall not exceed the full amount.

b. Where periods after the contingency arises are to be taken into account for the calculation of invalidity or survivor's benefits, such periods shall be taken into account only in proportion to the ratio of the Austrian periods of insurance to two-thirds of the number of full calendar months between the date on which the person concerned reached the age of sixteen and the date on which the contingency occurred, but shall not exceed the full period.

c. Sub-paragraph (a) of this paragraph shall not apply to :

i. benefits resulting from supplementary insurance;
ii. means-tested benefits or parts of benefits designed to ensure a minimum income.

4. Entitlement to benefits by virtue of Austrian legislation shall not be affected by reason of this Convention where a person has suffered in his social security situation for political or religious reasons or for reasons of his descent.

5. The provisions of Article 51, paragraphs 1 and 2, of this Convention concerning the adding together of periods are not applicable for the acquisition of the right to parental leave benefits.

B. Application of Austrian legislation concerning unemployment insurance

1. The provisions of Article 8, paragraph 1, of this Convention do not affect the provisions of Austrian legislation concerning emergency benefits.

2. The provisions of Article 51, paragraphs 1 and 2, of this Convention concerning the adding together of periods are not applicable for the acquisition of the right to unpaid leave benefits.

[Note by the Secretariat : Last up-dating transmitted by a letter from the Permanent Representative of Austria, registered at the Secretariat General on 12 September 2001 - Or. Engl./Fr.]
Period covered: 01/03/1977 -
Articles concerned : 72

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Austria-Belgium
Convention on social security of 4 April 1977.

Austria-France
Convention on social security of 28 May 1971.

Austria-Germany
Convention on social security of 22 December 1966.
Convention on unemployment insurance of 19 May 1951.
Additional Protocol of 23 November 1951 to the Convention on unemployment insurance of 19 May 1951.
Second Convention on unemployment insurance of 31 October 1953.
First Supplementary Convention of 10 April 1969 to the Convention on social security of 22 December 1966.
Second Supplementary Convention of 29 March 1974 to the Convention on social security of 22 December 1966.

Austria-Italy
Convention on social security of 21 January 1981.

Austria-Luxembourg
Convention on social security of 31 July 1997.

Austria-Netherlands
Convention on social security of 9 December 1998.

Austria-Spain
Convention on social security and final Protocol of 6 November 1981.

Austria-Sweden
Convention on social security of 11 November 1975.

Austria-Switzerland
Convention on social security of 15 November 1967.
Supplementary Convention of 17 May 1973 to the Convention on social security of 15 November 1967.

Austria-Turkey
Convention on social security of 28 October 1999.

Austria–United Kingdom
Supplementary Convention on social security of 16 September 1975.

[Note by the Secretariat : Last up-dating transmitted by a letter from the Permanent Representative of Austria, registered at the Secretariat General on 12 September 2001 - Or. Engl./Fr. ]
Period covered: 01/03/1977 -
Articles concerned : 6

Annex II: Legislation and schemes to which this Convention is applicable

Legislation concerning:

a. sickness insurance (sickness, maternity and death);
b. wage-earners'' pension insurance;
c. salaried employees'' pension insurance;
d. miners'' pension insurance;
e. pension insurance for self-employed persons in commerce;
f. pension insurance for self-employed persons in agriculture and forestry;
g. notaries'' insurance;
h. insurance against occupational injuries and diseases;
i. unemployment insurance;
j. family allowances.

[Note by the Secretariat : Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]
Period covered: 01/03/1977 -
Articles concerned : 3

Annex VI: Benefits to which the provisions of paragraph 1 or paragraph 2 of Article 11 are not applicable

Article 11, paragraph 3, sub-paragraph d:

- the provisions of Article 11, paragraph 1, do not apply to the compensatory supplements under pensions insurance.

[Note by the Secretariat : Last updating contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]
Period covered: 01/03/1977 -
Articles concerned : 11

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of Austria.
Nationals: persons of Austrian nationality.

[Note by the Secretariat : Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]
Period covered: 01/03/1977 -
Articles concerned : 1


ETS No.076
European Convention on the Calculation of Time-Limits

Communication contained in a letter from the Permanent Representative of Austria, registered at the Secretariat General on 8 September 1999 - Or. Engl.

According to the Austrian Federal Law on the 31st of December 1999 in respect of the calculation of time limits (Federal Gazette BGB1. I Nr. 186/1999), the 31st of December 1999 shall be considered as legal holiday for the purposes of Article 5 of the European Convention on the Calculation of Time-limits.
Period covered: 08/09/1999 -
Articles concerned : 5

Declaration contained in the instrument of ratification, deposited on 11 August 1977 - Or. Engl./Fr./Germ.

The application of Article 3, paragraph 1, and Article 5 is excluded as regards time-limits in the field of

- elections for general representative bodies and for bodies representing professional interests established by law, and

- referendums and popular initiatives.
Period covered: 28/04/1983 -
Articles concerned : 5, 3

Declaration made at the time of deposit of the instrument of ratification, on 11 August 1977 - Or. Fr.

The Permanent Representative notified the Secretary General, in accordance with the provisions of Article 11 of the Convention, of the official holidays or days which shall be considered as official holidays, in the territory of the Republic of Austria under Article 5 of the Convention:

1st January, 6 January, Good Friday, Easter Monday, 1st May, Ascension, Whit Monday, Corpus Christi, 15 August, 26 October, 1st November, 8 December, 25 December, 26 December
Period covered: 28/04/1983 -
Articles concerned : 5, 11


ETS No.074
European Convention on State Immunity

Declaration signed by the Federal President on 17 December 1976, transmitted by a letter from the Permanent Representative of Austria, dated 10 January 1976, registered at the Secretariat General on 11 January 1976 - Or. Germ./Engl./Fr.

In compliance with paragraph 4 of Article 21 of the European Convention on State Immunity, the Republic of Austria declares that it designates the Vienna Regional Civil Court (Landesgericht für Zivilrechtssachen Wien) as solely competent to determine whether the Republic of Austria shall give effect, in accordance with Article 20 of the above-mentioned Convention, to any judgement given by a court of another Contracting States.
Period covered: 11/06/1976 -
Articles concerned : 21

Declaration contained in the instrument of ratification, deposited on 10 July 1974 - Or. Germ./Engl./Fr.

The Republic of Austria declares according to Article 28, paragraph 2, of the European Convention on State Immunity that its constituent States Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tyrol, Vorarlberg and Vienna may invoke the provisions of the European Convention on State Immunity applicable to Contracting States and have the same obligations.
Period covered: 11/06/1976 -
Articles concerned : 28


ETS No.073
European Convention on the Transfer of Proceedings in Criminal Matters

Declaration contained in the instrument of ratification, deposited on 1 April 1980 - Or. Engl./Germ.

Austria will refuse acceptance of a request for proceedings in the cases of sub-paragraphs a, d to g and i to k. Should the request only be founded in Article 8, paragraph 1, sub-paragraph c or d, Austria will also avail itself of the provisions of sub-paragraphs b and c in order to refuse the acceptance of requests. Austria regards all those offences as fiscal offences which are violations of regulations concerning imposts, taxes, duties, monopolies and foreign exchange, or of regulations concerning the export, import, transit and rationing of goods.
Period covered: 01/07/1980 -
Articles concerned : 8, 11

Reservation contained in the instrument of ratification, deposited on 1 April 1980 - Or. Engl./Germ.

Austria will not apply Articles 30 and 31 in respect of acts for which the sanctions, in accordance with Austrian law, can be imposed only be an administrative authority [Appendix I, paragraph g].
Period covered: 01/07/1980 -
Articles concerned : 31, 30

Reservation contained in the instrument of ratification, deposited on 1 April 1980 - Or. Engl./Germ.

Austria does not accept Articles 22 and 23 [Appendix I, paragraphs c and d].
Period covered: 01/07/1980 -
Articles concerned : 23, 22

Declaration contained in the instrument of ratification, deposited on 1 April 1980 - Or. Engl./Germ.

Article 18, paragraph 2

Without prejudice to the provision set out in Article 18, paragraph 3, requests for proceedings and supporting documents which are not drawn up in either German, French or English, must be accompanied by a translation into one of these languages.
Period covered: 01/07/1980 -
Articles concerned : 18

Reservation contained in the instrument of ratification, deposited on 1 April 1980 - Or. Engl./Germ.

Austria will refuse a request for proceedings for an act the sanctions for which, in accordance with Austrian law, can be imposed only by an administrative authority [Appendix I, paragraph b].
Period covered: 01/07/1980 -
Articles concerned : 11


ETS No.070
European Convention on the International Validity of Criminal Judgments

Reservation contained in the instrument of ratification, deposited on 1 April 1980 - Or. Engl/Germ.

Austria will refuse enforcement if it considers that the sentence relates to a fiscal offence, Austria regards all those offences as fiscal offences which are violations of regulations concerning imposts, taxes, duties, monopolies and foreign exchange, or of regulations concerning the export, import, transit and rationing of goods (Appendix I, paragraph a).

Austria will refuse enforcement of a sanction for an act which according to Austrian law could have been dealt with only by an administrative authority (Appendix I, paragraph b).

Austria will refuse enforcement of a European criminal judgment which the authorities of the requesting state rendered on a date when, under Austrian law, the criminal proceedings in respect of the offence punished by the judgment would have been precluded by the lapse of time (Appendix I, paragraph c).

Austria will refuse enforcement of sanctions rendered in absentia and of ordonnances pénales (Appendix I, paragraph d).

Austria will refuse the application of the provisions of Article 8 where Austria has an original competence, and will recognise in these cases only the equivalence of acts interrupting or suspending time limitation which have been accomplished in the requesting State (Appendix I, paragraph e).
Period covered: 01/07/1980 -
Articles concerned : 61

Declaration contained in the instrument of ratification, deposited on 1 April 1980 - Or. Engl/Germ.

Austria will refuse enforcement where and to the extent that the sentence imposes a disqualification.
Period covered: 01/07/1980 -
Articles concerned : 6

Declaration contained in the instrument of ratification, deposited on 1 April 1980 - Or. Engl/Germ.

Without prejudice to Article 19, paragraph 3, requests for enforcement and supporting documents which are not drawn up in German, French or English, must be accompanied by a translation into one of these languages.
Period covered: 01/07/1980 -
Articles concerned : 19

Declaration made at the time of signature, on 28 May 1970 - Or. Germ.

At the time of signature of the said Convention the Minister of Justice of the Republic of Austria declared that his government wished to avail itself of the reservations provided for in paragraphs a, b and c of Appendix I to the Convention.
Articles concerned : 61


ETS No.062
European Convention on Information on Foreign Law

Declaration contained in a note from the Federal President of the Republic of Austria, dated 9 September 1971 handed to the Secretary General at the time of deposit of the instrument of ratification on 4 October 1971 - Or. Engl.

The Republic of Austria designates the Bundesministerium für Justiz, Museumstrasse 12, A - 1016 WIEN as the receiving and the transmitting agency referred to in Article 2 of the European Convention on Information on Foreign Law.
Period covered: 05/01/1972 -
Articles concerned : 2


ETS No.059
European Agreement on the Instruction and Education of Nurses

Declaration contained in a letter from the Permanent Representative of Austria, dated 1 December 1987, registered at the Secretariat General on 3 December 1987 - Or. Engl.

I have the honour to inform you that the competent Austrian Authority to certify the accomplishment of a nurse's instruction and education in accordance with Article 2 of the above mentioned agreement is: Bundeskanzleramt, Sektion VI (Volksgesundheit), Radetzkystr. 2, A-1031 WIEN.
Period covered: 03/12/1987 -
Articles concerned : 2

Reservation made at the time of signature, on 19 April 1972, and contained in the instrument of ratification, deposited on 9 November 1972 - Or. Fr.

Austria declares that it avails itself of the reservations provided for in paragraphs 1 and 3 of Annex II to the European Agreement on the Instruction and Education of Nurses.
Period covered: 10/03/1973 -
Articles concerned : 7


ETS No.058
European Convention on the Adoption of Children

Declaration contained in a letter from the Permanent Representative of Austria, dated 12 April 1984, registered at the Secretariat General on 13 April 1984 - Or. Fr.

I have the honour to notify you, in pursuance of Article 26 of the European Convention on the Adoption of Children, of the Austrian authorities to which requests under Article 14 of the said Convention may be addressed:

Burgenland : Amt der Burgenländischen Landesregierung - Landhaus - A-7000 EISENSTADT
Kärnten : Amt der Kärntner Landesregierung - Arnulfplatz 2 - A-9020 KLAGENFURT

Niederösterreich : Amt der Niederösterreichischen Landesregierung - Herrengasse 9-13 - A-1010 WIEN

Oberösterreich : Amt der Oberösterreichischen Landesregierung - Klosterstrasse 7 - A-4010 LINZ

Salzburg : Amt der Salzburger Landesregierung - Chiemseehof - A-5010 SALZBURG

Steiermark : Amt der Steiermärkischen Landesregierung - Hofgasse - A-8011 GRAZ

Tirol : Amt der Tiroler Landesregierung - Maria Theresienstrasse, 43 - A-6020 INNSBRUCK

Vorarlberg : Amt der Vorarlberger Landesregierung - Montfortstrasse, 12 - A-6900 BREGENZ

Wien : Magistrat der Stadt Wien - Magistratsabteilung 11/Jugendamt - Schottenring, 24 - A-1010 WIEN.
Period covered: 13/04/1984 -
Articles concerned : 26, 14


ETS No.051
European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders

Declaration contained in the instrument of ratification deposited on 1 April 1980 - Or. Engl./Germ.

In the case of offences which are violations of regulations concerning imposts, taxes, duties, monopolies and foreign exchange, or of regulations concerning the export, import, transit and rationing of goods (fiscal offences) Austria will carry out supervision only under the conditions set out in Article 7, paragraph 3.
Period covered: 01/07/1980 -
Articles concerned : 7

Declaration contained in the instrument of ratification deposited on 1 April 1980 - Or. Engl./Germ.

Without prejudice to Article 29, paragraph 3, requests and supporting documents which are not drawn up in German, French or English, must be accompanied by a translation into one of these languages.
Period covered: 01/07/1980 -
Articles concerned : 29

Reservation contained in the instrument of ratification deposited on 1 April 1980 - Or. Engl./Germ.

Austria does not accept the provision of this Convention as related to the enforcement of sentences (Part III) or their complete application (Part IV).
Period covered: 01/07/1980 -
Articles concerned : 25, 24, 23, 22, 21, 20, 19, 18, 17, 16


ETS No.049
Protocol to the European Convention on the Equivalence of Diplomas leading to Admission to Universities

Declaration contained in a Note Verbale from the Permanent Representation dated 1 December 1992, registered at the Secretariat General on 4 December 1992 - Or. Fr.

The Protocol to the European Convention on the Equivalence of Diplomas leading to Admission to Universities, Official Gazette of the Federal Republic No. 327, 1985, shall apply to the following Austrian schools abroad:

Gymnazium Bilikova ulcia 24,
CS-84419 Bratislava

Gymnazium Dr. Karla Polsneho,
Komenského No. 4,
CS-66975 Znojmo

Kossuth Lajos Gymnazium,
Gorkij u. 1,
H-9200 Mosonmagyarovar

Obchodna akadémia Hrobakova 11,
CS - 85102 Bratislava

According to the Act relating to the equivalence, Official Gazette No. 469/1991 and its paragraph 1Z5, the graduates of these schools will have access to universities in Austria not according to conditions of access of the host State, but in accordance with the conditions of access prevailing in Austria.
Period covered: 04/12/1992 -
Articles concerned : 2

Declaration contained in a letter from the Permanent Representation of Austria dated 7 November 1990, registered at the Secretariat General on 8 November 1990 - Or. Fr.

In accordance with Article 2 of the Protocol to the European Convention on the equivalence of diplomas leading to admission to Universities (1964), the Permanent Representation of Austria to the Council of Europe has the honour to notify the following Austrian school :

Österreichische Schule Budapest, Tabor ut. 2-4, H-BUDAPEST 1, Hungary.

There is no change with regard to the other two schools already notified.
Period covered: 08/11/1990 -
Articles concerned : 2

Declaration contained in a letter from the Permanent Representative of Austria dated 26 August 1985, registered at the Secretariat General on 28 August 1985 - Or. Fr.

With reference to the the Protocol to the European Convention on the equivalence of diplomas leading to admission to Universities, which was ratified by Austria on 28 June 1985, I have the honour to notify the following list of institutions referred to in Article 2 of the said Protocol :

Österreichisches St. Georgs-Kolleg Istanbul, Karaköy, Kart Cinar, Sokak 2, ISTANBUL, TURKEY.
Instituto Austriaco Guatemalteco, Carretera a Santa Rosita, Zona 16, GUATEMALA CITY, C.A. GUATEMALA.
Period covered: 28/08/1985 -
Articles concerned : 2


ETS No.046
Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto

Reservation made at the time of signature, on 16 September 1963, and renewed at the time of deposit of the instrument of ratification, on 18 September 1969 - Or. Fr.

Protocol No. 4 is signed with the reservation that Article 3 shall not apply to the provisions of the Law of 3 April 1919, StGBl. No. 209 concerning the banishment of the House of Habsbourg-Lorraine and the confiscation of their property, as set out in the Act of 30 October 1919, StGBl. No. 501, in the Constitutional Law of 30 July 1925, BGBl. No. 292, in the Federal Constitutional Law of 26 January 1928, BGBl. No. 30, and taking account of the Federal Constitutional Law of 4 July 1963, BGBl. No. 172.
Period covered: 18/09/1969 -
Articles concerned : 3


ETS No.043
Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality

Reservation contained in the instrument of ratification, deposited on 31 July 1975 - Or. Germ./Engl./Fr.

The Republic of Austria avails itself of the reservation provided for in point 3 of the Annex of the Convention.
Period covered: 01/09/1975 -
Articles concerned : 8

Declaration contained in the instrument of ratification, deposited on 31 July 1975 - Or. Germ./Engl./Fr.

On the occasion of today's deposit of the instrument of ratification of the present Convention the Republic of Austria declares that the terms "military obligations / obligations militaires" used in Articles 5 and 6 will be interpreted in such a way that they only comprise the obligation of an individual to fulfill his Compulsory Military Service. Other military obligations are not affected by this Convention.
Period covered: 01/09/1975 -
Articles concerned : 6, 5


ETS No.035
European Social Charter

Communication contained in a Note verbale from the Permanent Representation of Austria, dated 31 May 2011, registered at the Secretariat General on 3 June 2011 Or. Engl.

With regard to the deposit of the Austrian instrument of ratification and the Austrian declaration according to Part III, Article A, paragraph 2, and Part IV, Article K, of the European Social Charter (Revised, ETS No. 163), Austria wishes to notify that it does not intend to denounce Article 8, paragraph 2, and Article 15, paragraph 2, of the 1961 European Social Charter (ETS No. 35) implicitly by ratifying the European Social Charter (Revised). Rather, in addition to the European Social Charter (Revised), Austria continues to consider itself bound by Article 8, paragraph 2, and Article 15, paragraph 2, of the 1961 European Social Charter.
Period covered: 03/06/2011 -
Articles concerned : 20

Declaration contained in the instrument of ratification, deposited on 29 October 1969 - Or.Engl./Germ.

The Republic of Austria declares, in accordance with Article 20, paragraph 2, that it considers itself bound by the following Articles and paragraphs of the European Social Charter :

Article 1,
Article 5,
Article 12,
Article 13,
Article 16 ; furthermore
Article 2, paragraphs 2, 3, 4, 5 ;
Article 3, paragraphs 1, 2, 3 ;
Article 4, paragraphs 1, 2, 3, 5 ;
Article 6, paragraphs 1, 2, 3 ;
Article 7, paragraphs 2, 3, 4, 5, 7, 8, 9, 10 ;
Article 8, paragraphs 1, 2, 3, 4 ;
Article 9,
Article 10, paragraphs 1, 2, 3, 4 ;
Article 11, paragraphs 1, 2, 3 ;
Article 14, paragraphs 1, 2 ;
Article 15, paragraphs 1, 2 ;
Article 17,
Article 18, paragraphs 1, 2, 4 ;
Article 19, paragraphs 1, 2, 3, 5, 6, 9.
Period covered: 28/11/1969 -
Articles concerned : 20


ETS No.032
European Convention on the Academic Recognition of University Qualifications

Declaration contained in a letter from the Permanent Representative of Austria, dated 25 August 1986, registered at the Secretariat General on 29 August 1986 - Or. Fr.

Competent authority, for Austria, to deal with matters pertaining to the equivalence of university qualifications :

Bundesministerium für Wissenschaft und Forschung
Abteilung I/4
A - 1014 WIEN
Tel. : 19 (43) 222/6620 4419
Period covered: 29/08/1986 -
Articles concerned : 2


ETS No.030
European Convention on Mutual Assistance in Criminal Matters

Objection contained in a Note verbale from the Permanent Representation of Austria to the Council of Europe, dated 25 October 2019, registered at the Secretariat General on 25 October 2019 – Or. Engl.

Austria raises an objection against the extension of the United Kingdom’s ratification of the European Convention on Mutual Assistance in Criminal Matters, ETS No. 30, to the territory of Gibraltar. Austria is bound to raise this objection because Austria is not in a position to obtain the approval necessary in this case according to the Austrian Constitution within the period of 90 days set forth in the letter JJ8909C Tr./030-128 of 1 August 2019. Any new developments concerning this issue will be brought immediately to the attention of the Council of Europe.
Period covered: 25/10/2019 -
Articles concerned : 25

Withdrawal of objection contained in a Note verbale from the Permanent Representative of Austria, dated 1 December 2003, registered at the Secretariat General on 3 December 2003 - Or. Engl./Germ.

The Republic of Austria agrees to the extension of the United Kingdom's ratification of the European Convention on Mutual Assistance in Criminal Matters to the Bailiwick of Guernsey.

The Note of the United Kingdom of Great Britain and Northern Ireland and this Note are representing an arrangement in the sense of Article 25, paragraph 5, of the Convention, which shall enter into force on the first day of the second month after the receipt of this Note by the Directorate General I (Legal Affairs).

With this Note, the objection raised by the Note of the Permanent Represention of Austria No. 8.2.29/6-2002 of 20 November 2002, is withdrawn.
Period covered: 01/02/2004 -
Articles concerned : 25

Declaration made by the Minister for Foreign Affairs and registered at the Secretariat General on 2 May 1983 - Or. Engl.

The cases where Chapter 1 of the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters is not applicable, the Republic of Austria will apply Article 2, paragraph (a) of the European Convention on Mutual Assistance in Criminal Matters in accordance with the relevant national legislation (Federal Act of 4 December 1979 on Extradition and Mutual Assistance in Criminal Matters, Federal Law Gazette No. 529/1979). According to Section 51, paragraph 1 of the said Act the performance of assistance is precluded in all cases where extradition would be inadmissable according to Sections 14 and 15 of the Act. The provisions read as follows:

Section 14. Extradition shall be inadmissable

1. for political offences;
2. for other offences based on political motivation or aims unless, taking into consideration all the circumstances of the individual case, in particular the method of committing the offence, the means employed or threatened, or the gravity of the consequences caused or intended, the criminal character of the offence supersedes its political character.

Section 15. Extradition shall be inadmissable for offences which under Austrian law exclusively

1. are of a military nature, or
2. consist in a violation of regulations on duties, monopolies, customs or exchange, or of rules on the rationing of goods or on foreign trade.
Period covered: 02/05/1983 -
Articles concerned : 2

Declaration contained in the instrument of ratification deposited on 2 October 1968 - Or. Engl.

Austria will not serve a summons on an accused person who is in Austrian territory, unless the summons is transmitted to the competent Austrian judicial authority at least 30 days before the date set for appearance.
Period covered: 31/12/1968 -
Articles concerned : 7

Reservation contained in the instrument of ratification deposited on 2 October 1968 - Or. Engl.

Austria will make the execution of letters rogatory for search or seizure of property subject to the condition laid down in sub-paragraph c.
Period covered: 31/12/1968 -
Articles concerned : 5

Declaration contained in the instrument of ratification deposited on 2 October 1968 – Or. Engl.

For the purposes of the Convention, Austria will regard as judicial authorities the Criminal Courts, the Department of Public Prosecution and the Federal Ministry of Justice.
Period covered: 31/12/1968 -
Articles concerned : 24

Declaration contained in the instrument of ratification deposited on 2 October 1968 - Or. Engl.

Subject to the provisions of paragraph 3 of Article 16, requests and annexed documents, which are not drawn up in the German, French or English language, must be accompanied by a translation into one of these languages. A translation of informations mentioned in paragraph 1 of Article 21 is not required.
Period covered: 31/12/1968 -
Articles concerned : 21, 16

Declaration contained in the instrument of ratification deposited on 2 October 1968 - Or. Engl.

In "other essential interests of its country" Austria will include maintaining the secrecy stipulated by Austrian legislation.
Period covered: 31/12/1968 -
Articles concerned : 2

Reservation contained in the instrument of ratification deposited on 2 October 1968 - Or. Engl.

In the cases mentioned in Article 11, paragraph 1. a, b and c, the transfer of a person in custody as a witness or for purposes of confrontation will not be authorised.
Period covered: 31/12/1968 -
Articles concerned : 11

Reservation contained in the instrument of ratification deposited on 2 October 1968 - Or. Engl.

Austria will only grant assistance in proceedings in respect of offences also punishable under Austrian law and the punishment of which, at the time of the request for assistance, falls within the jurisdiction of the judicial authorities.
Period covered: 31/12/1968 -
Articles concerned : 1


ETS No.029
European Convention on Compulsory Insurance against Civil Liability in respect of Motor Vehicles

Reservation contained in the instrument of ratification, deposited on 10 April 1972 - Or. Germ.

According to the terms of the instrument of ratification of the said Convention and of the Protocol of signature, Austria declares that it avails itself of the reservations provided for in Annex II to the Convention under numbers 1, 3, 4, 7 and 10.
Period covered: 09/07/1972 -
Articles concerned : 3


ETS No.025
European Agreement on Regulations governing the Movement of Persons between Member States of the Council of Europe

Declaration contained in a Note verbale from the Permanent Representation of Austria, dated 27 July 2004, registered at the Secretariat General on 27 July 2004 - Or. Fr.

The Republic of Austria and Ukraine are Contracting Parties to the European Agreement of December 13th, 1957, on Regulations governing the Movement of Persons between Member States of the Council of Europe. On the basis of Article 7 of the said Agreement, the Republic of Austria has decided to suspend with immediate effect the application of the Agreement with regard to Ukraine. This step is deemed to be necessary on grounds relating to ordre public. Application of the Agreement with regard to Ukraine is incompatible with Council Regulation (EC) No. 539/2001 of March 15th, 2001, the Annex I of which stipulates that Ukraine is one of those States whose nationals are bound by the obligation of visa when crossing the Member States external borders.
Period covered: 27/07/2004 -
Articles concerned : 7

Objection contained in a letter from the Permanent Representation of Austria, dated 12 February 1999, registered at the Secretariat General on 18 February 1999 - Or. Fr.

With reference to the letter dated 14 December 1998 relating to the amendment of the Appendix - ETS 25 Declaration from Portugal - the Government of Austria makes an objection concerning the certificate of birth, if it is used by minors. The certificate of birth is not sufficient for the incontestable identification of the minor who holds it. Furthermore, minors must carry an identity card or be accompanied by an adult carrying a passport on which the minor appears.
Period covered: 18/02/1999 -
Articles concerned : 11

Declaration transmitted by letter from the Permanent Representative, dated 25 April 1990, registered at the Secretariat General on 30 April 1990 - Or. Germ.

The Federal President declares, on behalf of the Republic of Austria that the provisional suspension of the application in respect of Turkey of the Agreement of 13 December 1957 on Regulations governing the Movement of Persons between member States of the Council of Europe, according to Article 7 of the said Agreement, is extended with effect from 17 April 1990.
Period covered: 17/04/1990 -
Articles concerned : 7

Declaration contained in a letter from the Permanent Representative of Austria, dated 12 May 1976 - Or. Fr.

I have the honour to inform you that the Austrian Government wishes, in pursuance of Article 11 paragraph 2 of the European Agreement on Regulations governing the Movement of Persons, to withdraw from the list the child's travel certificate, a document which no longer exists in Austria.

[Note by the Secretariat: The list of document contained in the Appendix to the Agreement, regarding Austria, is the following:

- Valid passport or expired within the last five years.
- Official identity card.

The validity of this list has been confirmed by a letter from the Permanent Representative of Austria, dated 27 July 2012, registered at the Secretariat General on 30 July 2012 - Or. Engl.]
Period covered: 12/05/1976 -
Articles concerned : 11


ETS No.024
European Convention on Extradition

Objection contained in a Note verbale from the Permanent Representation of Austria to the Council of Europe, dated 25 October 2019, registered at the Secretariat General on 25 October 2019 – Or. Engl.

Austria raises an objection against the extension of the United Kingdom’s ratification of the European Convention on Extradition, ETS No. 24, to the territory of Gibraltar. Austria is bound to raise this objection because Austria is not in a position to obtain the approval necessary in this case according to the Austrian Constitution within the period of 90 days set forth in the letter JJ8909C Tr./024-116 of 1 August 2019. Any new developments concerning this issue will be brought immediately to the attention of the Council of Europe.
Period covered: 25/10/2019 -
Articles concerned : 27

Declaration contained in a Note verbale from the Permanent Representation of Austria, dated 18 March 2005, registered at the Secretariat General on 18 March 2005 - Or. Engl.

In accordance with Article 28, paragraph 3, of the Convention, Austria notifies that from 1 May 2004 it will apply the national legislation implementing the European Union Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) in relation to Contracting Parties which are Member States of the European Union and which already applied the EU Framework Decision on 1 May 2004, except requests relating to punishable acts committed partly or as a whole before 7 August 2002.
Period covered: 18/03/2005 -
Articles concerned : 28

Declaration contained in a letter from the Permanent Representative of Austria, dated 3 December 1997, registered at the Secretariat on 5 December 1997 - Or. Fr./Engl.

The Government of Austria declares that Romania's declaration concerning Article 6, paragraph 1 (a) and (b) and Article 21, paragraph 5, of the Convention is interpreted by Austria in the way that persons who have been granted asylum in Romania will be placed on an equal footing with Romanian nationals only in the event of a request for extradition or transit through Romania's territory by the persecuting State and that, in that case, such persons will neither be extradited nor transited through Romania.

The declaration by Romania concerning Article 6, paragraph 1 (a) and (b) and Article 21, paragraph 5, is compatible with the aim and purpose of the Convention only if the extradition or transit through Romania's territory to a third State of persons granted asylum in Romania is not refused solely on the grounds that those persons are treated as Romanian nationals.
Period covered: 05/12/1997 -
Articles concerned : 6

Declaration contained in a letter fom the Permanent Representation of Austria to the Council of Europe, dated 7 January 1994, registered at the Secretariat General on 11 January 1994 - Or. Fr.

Concerning the declarations and reservations formulated by Poland with regard to the European Convention on Extradition, the Austrian Government shares the interpretation contained in the declaration of the Government of the Federal Republic of Germany, dated 11 october 1993.

The Government of Austria declares that Poland's declaration concerning Article 6, paragraph 1(b) of the European Convention on Extradition is interpreted by Austria in the same way, as meaning that persons who have been granted asylum in Poland will be placed on an equal footing with Polish nationals only in the event of a request for extradition by the persecuting State and that, in that case, such persons will not be extradited.

The declaration by Poland concerning Article 6, paragraph 1(b) is compatible with the aim and purpose of the Convention only if the extradition to a third state of persons granted asylum in Poland is not refused solely on the grounds that those persons are treated as Polish nationals.
Period covered: 11/01/1994 -
Articles concerned : 6

Declaration contained in a letter from the Permanent Representative dated 4 June 1991, registered at the Secretariat General on 7 June 1991 - Or. Engl.

With reference to your circular No. JJ2356C Tr./24-4 of 16 February 1990 concerning the declarations and reservations made by Portugal [Note from the Secretariat: letter from the Permanent Representative of Portugal dated 12 February 1991] in respect of the European Convention on Extradition and with reference to the declaration by the Government of the Federal Republic of Germany dated 4 February 1991, I have the honour to inform you that my Government shares the German interpretation of the matter.

Article 11 of the European Convention on Extradition provides for the possibility of refusing extradition in cases in which the offence for which extradition is requested is punishable by death under the law of the requesting party. However, the Convention does not contain a similar provision for sentences of life imprisonment.

The application of the European Convention on Extradition in respect of Portugal withoutthe interpretation proposed by the German Government would result in a situation where extradition for a crime punishable by life imprisonment would have to be refused.

This is not compatible with the meaning and purpose of the Convention. The result of such an application would be the regular refusal of extradition for serious crimes and the authorisation of extradition for relatively minor crimes. This would be contrary to the purpose of the Convention, namely to achieve co-operation between the Contracting Parties to take international action against crime.
Period covered: 07/06/1991 -
Articles concerned : 11

Declaration contained in a letter from the Permanent Representative of Austria, dated 16 April 1985, registered at the Secretariat General on 17 April 1985 - Or. Engl.

The declaration submitted by the Republic of Austria with regard to Article 21 (5) of the European Convention on Extradition of 13 December 1957, is herewith restricted to the extent that the first sentence is to be deleted.

By consequence of this restriction, this declaration shall read henceforth as follows :

"Transit for offences punishable, under the law of the requesting Party, by death or by a sentence incompatible with the requirements of humanity and human dignity, will be granted under the conditions governing the extradition for such offences."
Period covered: 17/04/1985 -
Articles concerned : 21

Declaration contained in the instrument of ratification, deposited on 21 May 1969 - Or. Engl./Fr./Germ.

Austria will grant extradition if the person claimed was acquitted only for lack of Austrian jurisdiction, or if, only for this reason, criminal proceedings against this person have not been instituted or if instituted criminal proceedings were terminated.
Period covered: 19/08/1969 -
Articles concerned : 9

Declaration contained in the instrument of ratification, deposited on 21 May 1969 - Or. Engl./Fr./Germ.

Austria will only grant extradition of a person for an offence which, according to Austrian law, is under Austrian jurisdiction, in so far as that person will be extradited for another offence and as the condemnation of that person by the judicial authorities of the requesting State for all offences is in the interest of ascertaining the truth or useful by reason of fixing of the penalty and execution of the sentence.
Period covered: 19/08/1969 -
Articles concerned : 7

Declaration contained in the instrument of ratification, deposited on 21 May 1969 - Or. Engl./Fr./Germ.

Austria will regard the time of surrender of the person claimed as decisive for the determination of nationality.
Period covered: 19/08/1969 -
Articles concerned : 6

Reservation contained in the instrument of ratification, deposited on 21 May 1969 - Or. Engl./Fr./Germ.

Austria will further grant extradition for offences which are exclusively contraventions against regulations concerning monopolies or the export, import, transit and rationing of goods only under the conditions mentioned in Article 5.
Period covered: 19/08/1969 -
Articles concerned : 5

Declaration contained in the instrument of ratification, deposited on 21 May 1969 - Or. Engl./Fr./Germ.

In any case Austria will refuse transit of Austrian nationals.
Period covered: 19/08/1969 -
Articles concerned : 21

Declaration contained in the instrument of ratification, deposited on 21 May 1969 - Or. Engl./Fr./Germ.

Austria will grant extradition also under the conditions mentioned in Article 2, paragraph 2.
Period covered: 19/08/1969 -
Articles concerned : 2

Declaration contained in the instrument of ratification, deposited on 21 May 1969 - Or. Engl./Fr./Germ.

In case of a request for provisional arrest Austria also requires a short statement of the facts the person claimed is charged with.
Period covered: 19/08/1969 -
Articles concerned : 16

Reservation contained in the instrument of ratification, deposited on 21 May 1969 - Or. Engl./Fr./Germ.

Austria will refuse extradition requested in order to carry out death-penalty. Extradition for an offence punishable by the death under the law of the requesting Party will only be granted if the requesting State accepts the condition that a death-penalty will not be pronounced. Austria will apply the same principles in the case of sentences which are incompatible with the requirements of humanity and human dignity.
Period covered: 19/08/1969 -
Articles concerned : 11

Reservation contained in the instrument of ratification, deposited on 21 May 1969 - Or. Engl./Fr./Germ.

Austria will not grant extradition if the person claimed is to be brought before a special court or if the extradition should lead to the execution of a sentence or a detention order inflicted by such a court.
Period covered: 19/08/1969 -
Articles concerned : 1


ETS No.009
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

Reservation contained in the instrument of ratification, deposited on 3 September 1958 - Or. Germ.

... being desirous of avoiding any uncertainty concerning the application of Article 1 of the Protocol in connection with the State Treaty of 15 May 1955 for the Restoration of an Independent and Democratic Austria, (the Federal President) declares the Protocol ratified with the reservations that there shall be no interference with the provisions of Part IV "Claims arising out of the War" and Part V "Property, Rights and Interests" of the above-mentioned State Treaty.
Period covered: 03/09/1958 -
Articles concerned : 1


ETS No.005
Convention for the Protection of Human Rights and Fundamental Freedoms

Reservation contained in the instrument of ratification, deposited on 3 September 1958 - Or. Germ.

The Federal President declares the Convention to be ratified with the reservation :

The provisions of Article 6 of the Convention shall be so applied that there shall be no prejudice to the principles governing public court hearings laid down in Article 90 of the 1929 version of the Federal Constitution Law.
Period covered: 03/09/1958 -
Articles concerned : 6

Reservation contained in the instrument of ratification, deposited on 3 September 1958 - Or. Germ.

The Federal President declares the Convention to be ratified with the reservation :

The provisions of Article 5 of the Convention shall be so applied that there shall be no interference with the measures for the deprivation of liberty prescribed in the laws on administrative procedure, BGBl No. 172/1950, subject to review by the Administrative Court or the Constitutional Court as provided for in the Austrian Federal Constitution.
Period covered: 03/09/1958 -
Articles concerned : 5


CETS No.218
Council of Europe Convention on an Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events

Declaration contained in the Full Powers of signature handed over to the Deputy Secretary General of the Council of Europe at the time of signature of the instrument, on 29 November 2016 – Or. Engl., and confirmed in the instrument of ratification deposited on 11 December 2018 - Or. Engl.

1. The Republic of Azerbaijan declares that the provisions of the Council of Europe Convention on an Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events shall not be applied by the Republic of Azerbaijan in respect to the Republic of Armenia.

2. The Republic of Azerbaijan declares that it is unable to guarantee the implementation of the provisions of the Council of Europe Convention on an Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of these territories from the occupation and the complete elimination of the consequences of that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is available here).

3. The Republic of Azerbaijan reserves the right to amend or revoke at any time the provisions of paragraph 1 and paragraph 2 of the present Declaration, and other Parties shall be notified in writing of any such amendments or revocation.
Period covered: 01/02/2019 -
Articles concerned : -


CETS No.215
Council of Europe Convention on the Manipulation of Sports Competitions

Declaration handed over to the Secretary General of the Council of Europe at the time of signature of the instrument, on 18 September 2014 – Or. Eng.

The Republic of Azerbaijan declares that it is unable to guarantee the implementation of the provisions of the Convention in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of these territories from the occupation and the complete elimination of the consequences of that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Articles concerned : -


CETS No.212
Fourth Additional Protocol to the European Convention on Extradition

Reservation contained in the full powers handed to the Secretary General at the time of signature of the instrument on 15 October 2019 - Or. Engl.

In accordance with Article 6, paragraph 3, of the Fourth Additional Protocol to the Convention on Extradition, the Republic of Azerbaijan reserves the right to require the original or authenticated copy of the request and supporting documents referred to in Article 12 and Article 14, paragraph 1.a, of the Convention.
Articles concerned : 6

Reservation contained in the full powers handed to the Secretary General at the time of signature of the instrument on 15 October 2019 - Or. Engl.

The Republic of Azerbaijan reserves the right not to apply the provisions of Article 10, paragraph 2, of the European Convention on extradition, as amended by Article 1 of the Protocol, in circumstances described in Article 10, paragraphs 3(a) and (b), of the Convention.
Articles concerned : 1

Declaration contained in the full powers handed to the Secretary General at the time of signature of the instrument on 15 October 2019 - Or. Engl.

1. The Republic of Azerbaijan declares that the provisions of the Protocol shall not be applied by the Republic of Azerbaijan to the Republic of Armenia.

2. The Republic of Azerbaijan declares that it does not guarantee the implementation of the provisions of the Protocol in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of these territories from the occupation and the complete elimination of the consequences of that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).

3. The Republic of Azerbaijan declares that it reserves the right to amend or revoke at any time the provisions of paragraph 1 and paragraph 2 of the present Declaration, and other Parties shall be notified in writing of any such amendments or revocations.
Articles concerned : -


CETS No.209
Third Additional Protocol to the European Convention on Extradition

Declaration contained in the instrument of ratification deposited on 8 January 2014 - Or. Engl.

The Republic of Azerbaijan ratifies the Third Additional Protocol to the European Convention on Extradition and declares that it is unable to guarantee the implementation of the provisions of the Protocol in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of those territories from the occupation and complete elimination of the consequences of that occupation.

The Republic of Azerbaijan declares that, until the liberation of its territories occupied by the Republic of Armenia from the occupation and complete elimination of the consequences of that occupation, the Republic of Azerbaijan shall not cooperate with the Republic of Armenia within the framework of the Protocol. (the schematic map of the occupied territories of the Republic of Azerbaijan is available here).
Period covered: 01/05/2014 -
Articles concerned : -


CETS No.208
Protocol amending the Convention on Mutual Administrative Assistance in Tax Matters

Declaration contained in a Declaration from the Ministry of Taxes of the Republic of Azerbaijan, dated 23 May 2014, registered at the Secretariat General of the OECD on 23 September 2014 - Or. Engl. and confirmed at the time of the ratification of the Protocol on 29 May 2015.

The Republic of Azerbaijan will apply the provisions of the Convention and the Protocol only in respect of the States Parties with which the Republic of Azerbaijan has diplomatic relations.

Period covered: 01/09/2015 -
Articles concerned : -


CETS No.201
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse

Declaration contained in a letter from the Permanent Representative of Azerbaijan to the Council of Europe, dated 19 December 2019, deposited with the instrument of ratification on 19 December 2019 - Or. Engl.

In accordance with Article 37, paragraph 2, of the Convention, the Republic of Azerbaijan designates as the national authority in charge for the purposes of Article 37, paragraph 1, of the Convention:

Ministry of Internal Affairs of the Republic of Azerbaijan
7 Azerbaijan Avenue
AZ1005 Baku
Azerbaijan
Period covered: 01/04/2020 -
Articles concerned : 37

Declaration contained in the instrument of ratification deposited on 19 December 2019 - Or. Engl.

1. The Republic of Azerbaijan declares that the provisions of the Convention shall not be applied by the Republic of Azerbaijan in respect of the Republic of Armenia.

2. The Republic of Azerbaijan declares that it does not guarantee the implementation of the provisions of the Convention in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of these territories from the occupation and complete elimination of the consequences of that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is available here).

3. The Republic of Azerbaijan declares that it reserves the right to amend or revoke at any time the provisions of paragraphs 1 and 2 of the present Declaration, and other Parties shall be notified in writing of any such amendments or revocations.
Period covered: 01/04/2020 -
Articles concerned : -


CETS No.198
Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

Reservation contained in the full powers handed over to the Secretary General at the time of signature of the instrument, on 7 November 2016 – Or. Engl., and confirmed in the instrument of ratification deposited on 9 August 2017 - Or. Engl.

In accordance with Article 53, paragraph 2, of the Convention, the Republic of Azerbaijan declares that it reserves the right not to apply, in whole, the provisions of Article 46, paragraph 5, of the Convention.
Period covered: 01/12/2017 -
Articles concerned : 53, 46

Reservation contained in the full powers handed over to the Secretary General at the time of signature of the instrument, on 7 November 2016 – Or. Engl., and confirmed in the instrument of ratification deposited on 9 August 2017 - Or. Engl.

In accordance with Article 53, paragraph 4, of the Convention, the Republic of Azerbaijan declares that it will not apply Article 3, paragraph 4, of this Convention.
Period covered: 01/12/2017 -
Articles concerned : 53, 3

Declaration contained in the full powers handed over to the Secretary General at the time of signature of the instrument, on 7 November 2016 – Or. Engl., and confirmed in the instrument of ratification deposited on 9 August 2017 - Or. Engl.

In accordance with Article 46, paragraph 13, of the Convention, the Republic of Azerbaijan declares that the Financial Markets Supervision Authority of the Republic of Azerbaijan is indicated as the financial intelligence unit within the meaning of Article 46.
Period covered: 01/12/2017 -
Articles concerned : 46

Declaration contained in the full powers handed over to the Secretary General at the time of signature of the instrument, on 7 November 2016 – Or. Engl., and confirmed in the instrument of ratification deposited on 9 August 2017 - Or. Engl.

In accordance with Article 42, paragraph 2, of the Convention, the Republic of Azerbaijan declares that information or evidence provided by the Republic of Azerbaijan under Chapter IV may not, without its prior consent, be used or transmitted by the authorities of the requesting Party for investigations or proceedings other than those specified in the request.
Period covered: 01/12/2017 -
Articles concerned : 42

Declarations contained in the full powers handed over to the Secretary General at the time of signature of the instrument, on 7 November 2016 – Or. Engl., and confirmed in the instrument of ratification deposited on 9 August 2017 - Or. Engl.

In accordance with Article 35, paragraph 1, of the Convention, the Republic of Azerbaijan declares that it will accept and execute requests, transmitted electronically or by any other means of communication, provided that the requesting Party simultaneously shall send the original of such requests by post or by courier. The information concerning execution of requests transmitted electronically or by any other means of communication, will be sent to the requesting Party after the receipt of the original.

In accordance with Article 35, paragraph 3, of the Convention, the Republic of Azerbaijan declares that requests and documents supporting such requests shall be accompanied by a translation into Azerbaijani or English.
Period covered: 01/12/2017 -
Articles concerned : 35

Declaration contained in the full powers handed over to the Secretary General at the time of signature of the instrument, on 7 November 2016 – Or. Engl., and confirmed in the instrument of ratification deposited on 9 August 2017 - Or. Engl.

In accordance with Article 33, paragraph 2, of the Convention, the Republic of Azerbaijan declares that its central authorities, designated in pursuance of paragraph 1 of Article 33 of the Convention, shall be:

• the Ministry of Justice of the Republic of Azerbaijan (concerning the criminal proceedings and execution of judgments)
Address: Baku, AZ1073, Inshaatchilar avenue 1
Phone: (+99412) 510-10-01
Fax: (+99412) 538-08-57
Email: international@justice.gov.az

• the Financial Markets Supervision Authority of the Republic of Azerbaijan (concerning financial information exchange and financial intelligence)
Address: Baku, AZ1000, Bul-Bul avenue 27
Phone: (+99412) 493-50-58
Fax: (+99412) 493-67-97
Email: info@fmsa.az
Period covered: 01/12/2017 -
Articles concerned : 33

Declaration contained in the full powers handed over to the Secretary General at the time of signature of the instrument, on 7 November 2016 – Or. Engl., and confirmed in the instrument of ratification deposited on 9 August 2017 - Or. Engl.

In accordance with Article 24, paragraph 3, of the Convention, the Republic of Azerbaijan declares that Article 24, paragraph 2, of the Convention, applies only subject to constitutional principles of the Republic of Azerbaijan and the basic concepts of its legal system.
Period covered: 01/12/2017 -
Articles concerned : 24

Declaration contained in the full powers handed over to the Secretary General at the time of signature of the instrument, on 7 November 2016 – Or. Engl., and confirmed in the instrument of ratification deposited on 9 August 2017 - Or. Engl.

In accordance with Article 17, paragraph 5, of the Convention, the Republic of Azerbaijan declares that it will apply Article 17 of the Convention only to the categories of offences specified in the list contained in the Appendix to the Convention.
Period covered: 01/12/2017 -
Articles concerned : 17

Declaration contained in the full powers handed over to the Secretary General at the time of signature of the instrument, on 7 November 2016 – Or. Engl., and confirmed in the instrument of ratification deposited on 9 August 2017 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the implementation of the provisions of the Convention in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of these territories from the occupation and the complete elimination of the consequences of that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Period covered: 01/12/2017 -
Articles concerned : -


CETS No.197
Council of Europe Convention on Action against Trafficking in Human Beings

Declarations contained in the instrument of ratification deposited on 23 June 2010 - Or. Engl.

The Republic of Azerbaijan declares that the rights and obligations set out in the provisions of the Convention shall not be applied by the Republic of Azerbaijan in respect of Armenia.

The Republic of Azerbaijan declares that it is unable to guarantee the implementation of the provisions of the Convention in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of these territories from the occupation and complete elimination of the consequences of that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is available here).
Period covered: 01/10/2010 -
Articles concerned : -


CETS No.196
Council of Europe Convention on the Prevention of Terrorism

Declaration handed over to the Secretary General by the Minister of Foreign Affairs of Azerbaijan at the time of signature of the instrument, on 16 May 2005 – Or. Engl. and confirmed in the instrument of ratification deposited on 4 April 2014 – Or. Engl.

The Republic of Azerbaijan declares that it will be unable to guaranteethe implementation of the provisions of the Convention in its territories occupied by the Republic of Armenia, until the liberation of those territories from the occupation (the schematic map of the occupied territories is available here).
Period covered: 01/08/2014 -
Articles concerned : -


ETS No.191
Additional Protocol to the Criminal Law Convention on Corruption

Declaration contained in the instrument of ratification deposited on 3 April 2013 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the implementation of the provisions of the Additional Protocol in its territories occupied by the Republic of Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of those territories from occupation and the complete elimination of the consequences of that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is available here).
Period covered: 01/08/2013 -
Articles concerned : -


ETS No.190
Protocol amending the European Convention on the Suppression of Terrorism

Declaration contained in a Note verbale handed over by the Minister of Foreign Affairs of Azerbaijan to the Secretary General at the time of signature of the instrument, on 12 May 2004 - Or. Engl. - and confirmed in the instrument of ratification deposited on 2 December 2008 - Or. Engl.

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Protocol in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories is available here).
Articles concerned : -


ETS No.185
Convention on Cybercrime

Reservation appended to the full powers handed to the Secretary General at the time of signature of the instrument, on 30 June 2008 – Or. Engl., and confirmed in the instrument of ratification, deposited on 15 March 2010 - Or. Engl.

In relation to subparagraph “b” of paragraph 1 of Article 6 of the Convention, the Republic of Azerbaijan declares that when acts are not considered dangerous crimes for the general public, they will be evaluated not as criminal offences, but as punishable acts regarded as a breach of law. In case the deliberate perpetration of acts subject to the penalty risk which are not treated as dangerous crimes for the general public (action or inaction) generates a serious harm, then they are treated as crime.
Period covered: 01/07/2010 -
Articles concerned : 6

Reservation appended to the full powers handed to the Secretary General at the time of signature of the instrument, on 30 June 2008 – Or. Engl., and confirmed in the instrument of ratification, deposited on 15 March 2010 - Or. Engl.

In relation to paragraph 3 of Article 6 of the Convention, the Republic of Azerbaijan appraises the acts indicated in paragraph 1 of Article 6 of the Convention not as criminal offences, but as punishable acts regarded as a breach of law in case these acts are not considered dangerous crimes for general public and stipulates that the given acts be subjected to criminal charge only at the event of incurrence of serious harm.
Period covered: 01/07/2010 -
Articles concerned : 6

Reservation appended to the full powers handed to the Secretary General at the time of signature of the instrument, on 30 June 2008 – Or. Engl., and confirmed in the instrument of ratification, deposited on 15 March 2010 - Or. Engl.

In accordance with Article 42 and Article 4, paragraph 2, of the Convention, the Republic of Azerbaijan declares that criminal liability occurs if the acts described in Article 4 of the Convention result in serious harm.
Period covered: 01/07/2010 -
Articles concerned : 42, 4

Reservation appended to the full powers handed to the Secretary General at the time of signature of the instrument, on 30 June 2008 – Or. Engl., and confirmed in the instrument of ratification, deposited on 15 March 2010 - Or. Engl.

In accordance with Article 42 and Article 29, paragraph 4, of the Convention, the Republic of Azerbaijan reserves the right to refuse the request for preservation under this article in cases where it has reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled.
Period covered: 01/07/2010 -
Articles concerned : 42, 29

Declaration appended to the full powers handed to the Secretary General at the time of signature of the instrument, on 30 June 2008 – Or. Engl., and confirmed in the instrument of ratification, deposited on 15 March 2010 - Or. Engl.

According to Article 38 of the Convention, the Republic of Azerbaijan declares that it is unable to guarantee implementation of the Convention in the territories of the Republic of Azerbaijan, which have been occupied by the Republic of Armenia, until the liberation of those territories from occupation.
(the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Period covered: 01/07/2010 -
Articles concerned : 38

Declaration appended to the full powers handed to the Secretary General at the time of signature of the instrument, on 30 June 2008 – Or. Engl., and confirmed in the instrument of ratification deposited on 15 March 2010 - Or. Engl.

According to paragraph 1 of Article 35 of the Convention, the Republic of Azerbaijan designates the Ministry of National Security (address: 2, Parliament Avenue, Baky, AZ 1006, Republic of Azerbaijan) as a point of contact available on a twenty-four hour, seven-day-a-week basis, in order to ensure the provision of immediate assistance for the purpose of investigations or proceedings concerning criminal offences related to computer systems and data, or collection of evidence in electronic form of a criminal offence.

[Note by the Secretariat: For more information please contact the Executive Secretary of the Cybercrime Convention Committee, alexander.seger[at]coe.int.]
Period covered: 01/07/2010 -
Articles concerned : 35

Declaration appended to the full powers handed to the Secretary General at the time of signature of the instrument, on 30 June 2008 – Or. Engl., and confirmed in the instrument of ratification, deposited on 15 March 2010 - Or. Engl.

According to subparagraph “c” of paragraph 2 of Article 27 of the Convention, the Republic of Azerbaijan designates the Ministry of National Security ( Address: 2, Parliament Avenue, Baky, AZ 1006, Republic of Azerbaijan; e-mail: secretoffice@mns.gov.az) as a responsible authority for sending and answering requests for mutual assistance and the execution of such requests.
Period covered: 01/07/2010 -
Articles concerned : 27

Declaration appended to the full powers handed to the Secretary General at the time of signature of the instrument, on 30 June 2008 – Or. Engl., and confirmed in the instrument of ratification, deposited on 15 March 2010 - Or. Engl.

According to subparagraph “e” of paragraph 9 of Article 27 of the Convention, the Republic of Azerbaijan informs the Secretary General that, for reasons of efficiency, requests made under this paragraph are to be addressed to its central authority.
Period covered: 01/07/2010 -
Articles concerned : 27

Declaration appended to the full powers handed to the Secretary General at the time of signature of the instrument, on 30 June 2008 – Or. Engl., and confirmed in the instrument of ratification, deposited on 15 March 2010 - Or. Engl.

According to subparagraph “a” of paragraph 7 of Article 24 of the Convention, in case of the absence of an extradition treaty, the Republic of Azerbaijan designates the Ministry of Justice (Address: 1, Inshaatchilar Avenue, Baky, AZ 1073, Republic of Azerbaijan; e-mail: contact@justice.gov.az) as a responsible authority for receiving inquiries regarding extradition and temporary arrest.
Period covered: 01/07/2010 -
Articles concerned : 24


ETS No.174
Civil Law Convention on Corruption

Declaration contained in the instrument of ratification deposited on 11 February 2004 - Or. Engl.

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories is available here).
Period covered: 01/06/2004 -
Articles concerned : -


ETS No.173
Criminal Law Convention on Corruption

Reservation contained in the instrument of ratification deposited on 11 February 2004 - Or. Engl.

In accordance with Article 37, paragraph 3, of the Convention, the Republic of Azerbaijan declares that it may refuse mutual legal assistance under Article 26, paragraph 1, if the request concerns an offence which the Republic of Azerbaijan considers as political offence.

[Note by the Secretariat: The Government of Azerbaijan has informed the Secretary General of its intention to uphold wholly this reservation for a period of 3 years (Article 38 of the Convention):
- by a letter from the Minister of Foreign Affairs of Azerbaijan, dated 17 September 2007, transmitted by a letter from the Permanent Representative of Azerbaijan, dated 15 February 2008, registered at the Secretariat General on 19 February 2008 - Or. Engl. (Period covered: from 01/06/2007 to 01/06/2010);
- by a letter from the Minister of Foreign Affairs of Azerbaijan, dated 24 February 2010, registered at the Secretariat General on 25 February 2010 – Or. Engl. (Period covered: from 01/06/2010 to 01/06/2013);
- by a letter from the Minister of Foreign Affairs of the Republic of Azerbaijan, dated 23 November 2012, registered at the Secretariat General on 10 January 2013 – Or. Engl. (Period covered: from 01/06/2013 to 01/06/2016);
- by a letter from the Minister of Foreign Affairs of the Republic of Azerbaijan, dated 29 September 2015, registered at the Secretariat General on 19 October 2015 – Or. Engl. (Period covered: from 01/06/2016 to 01/06/2019);
- by a letter from the Minister of Foreign Affairs of the Republic of Azerbaijan, dated 3 October 2018, registered at the Secretariat General on 16 October 2018 – Or. Engl. (Period covered: from 01/06/2019 to 01/06/2022).]
Period covered: 01/06/2004 -
Articles concerned : 37, 26

Declaration contained in the instrument of ratification deposited on 11 February 2004 - Or. Engl.

In accordance with Article 29, paragraph 2, of the Convention, the Republic of Azerbaijan declares that it designates, according to Article 29, paragraph 1, as the central authority:

The Prosecutors’ Office of the Republic of Azerbaijan
Nigar Rafibeyli st. 7
AZ 1001, Baky - Azerbaijan
Period covered: 01/06/2004 -
Articles concerned : 29

Declaration contained in the instrument of ratification deposited on 11 February 2004 - Or. Engl.

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories is available here).
Period covered: 01/06/2004 -
Articles concerned : -


ETS No.169
Protocol No. 2 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning interterritorial co-operation

Declaration contained in the instrument of ratification deposited on 30 March 2004 - Or. Engl.

In accordance with Article 6, paragraph 1, of Protocol No. 2, the Republic of Azerbaijan declares that it will apply the provision of Article 4 of the Additional Protocol only.
Period covered: 01/07/2004 -
Articles concerned : 6

Declaration contained in the instrument of ratification deposited on 30 March 2004 - Or. Engl.

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories is available here).
Period covered: 01/07/2004 -
Articles concerned : -


ETS No.165
Convention on the Recognition of Qualifications concerning Higher Education in the European Region

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Azerbaijan, dated 23 March 2000, registered at the Secretariat General on 11 April 2000 - Or. Engl.

In accordance with Article X.2 of the Convention, the President of the Republic of Azerbaijan by his Instruction No. 346 on 6 March 2000 has designated the Ministry of Education of the Republic of Azerbaijan to represent the Republic of Azerbaijan in the Committee of the Convention on the Recognition of Qualifications concerning Higher Education in the European Region and to inform the competent authorities of other States Parties to this Convention about the higher education system and higher education qualifications in the Republic of Azerbaijan.

The address of the competent authority is (*):

Ministry of Education
370008, Kathai av., 49,
Baku, Azerbaijan
Tel. + (994 12)93 66 60, 93 19 66, 93 72 66.
Fax +(994 12)93 80 97.

(*) Address modified by a Note Verbale from the Ministry of Foreign Affairs of Azerbaijan, dated September 2000, registered at the Secretariat General on 30 September 2000 - Or. Engl.
Period covered: 11/04/2000 -
Articles concerned : X.2, II.2


ETS No.163
European Social Charter (revised)

Declaration contained in the instrument of ratification deposited on 2 September 2004 - Or. Engl.

In accordance with Part III, Article A, of the revised Charter, the Republic of Azerbaijan considers itself bound by the following Articles of Part II of the Charter : Articles 1, 4, 5, 6, 7, 8, 9, 11, 14, 16, 20, 21, 22, 24, 26, 27, 28 and 29.
Period covered: 01/11/2004 -
Articles concerned : A

Declaration contained in the instrument of ratification deposited on 2 September 2004 - Or. Engl.

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Charter in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories is available here).
Period covered: 01/11/2004 -
Articles concerned : -


ETS No.159
Additional Protocol to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities

Declaration contained in the instrument of ratification deposited on 30 March 2004 - Or. Engl.

The Republic of Azerbaijan, in accordance with paragraph 1 of Article 8 of the Additional Protocol, declares that it will apply the provisions of Article 4 only.
Period covered: 01/07/2004 -
Articles concerned : 8

Declaration contained in the instrument of ratification deposited on 30 March 2004 - Or. Engl.

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories is available here).
Period covered: 01/07/2004 -
Articles concerned : -


ETS No.157
Framework Convention for the Protection of National Minorities

Declaration contained in the instrument of accession deposited on 26 June 2000 - Or. Eng.

The Republic of Azerbaijan, confirming its adherence to the universal values and respecting human rights and fundamental freedoms, declares that the ratification of the Framework Convention for the Protection of National Minorities and implementation of its provisions do not imply any right to engage in any activity violating the territorial integrity and sovereignty, or internal and international security of the Republic of Azerbaijan.
Period covered: 01/10/2000 -
Articles concerned : -


ETS No.148
European Charter for Regional or Minority Languages

Declaration contained in a Note verbale handed by the Permanent Representative of Azerbaijan to the Deputy Secretary General at the time of signature of the instrument, on 21 December 2001 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Charter in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Articles concerned : -


ETS No.147
European Convention on Cinematographic Co-Production

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Azerbaijan, dated 22 January 2002, registered at the Secretariat General on 5 February 2002 - Or. Engl.

The Republic of Azerbaijan designates the Ministry of Culture as the competent authority in accordance with Article 5, paragraph 5 of the Convention.
Period covered: 05/02/2002 -
Articles concerned : 5


ETS No.143
European Convention on the Protection of the Archaeological Heritage (Revised)

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of the Republic of Azerbaijan, dated 22 mars 2000, handed to the Secretary General at the time of deposit of the instrument of accession, on 28 March 2000 - Or. Engl.

The Republic of Azerbaijan was invited by the Committee of Ministers, at the 570th meeting of Ministers’ Deputies on 2 July 1996, to accede to the European Convention on the Protection of Archaelogical Heritage. On the basis of this invitation, Law No. 712-IQ on the accession of the Republic of Azerbaijan was adopted by the Milli Mejlis (Parliament). For this reason, an instrument of accession was deposited with the Secretary General of the Council of Europe.
Period covered: 29/09/2000 -
Articles concerned : -


ETS No.141
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime

Reservation contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

In accordance with Article 6, paragraph 4, of the Convention, the Republic of Azerbaijan declares that paragraph 1 of Article 6 shall apply only to the predicate offences specified in the criminal legislation of the Republic of Azerbaijan.
Period covered: 01/11/2003 -
Articles concerned : 6

Reservation contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

In accordance with Article 32, paragraph 2, of the Convention, the Republic of Azerbaijan declares that information or evidence provided by the Republic of Azerbaijan may not, without its prior consent, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.
Period covered: 01/11/2003 -
Articles concerned : 32

Reservation contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

In accordance with Article 25, paragraph 3, of the Convention, the Republic of Azerbaijan declares that requests and documents supporting such requests shall be accompanied by a translation into Azerbaijani or English.
Period covered: 01/11/2003 -
Articles concerned : 25

Declaration contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

In accordance with Article 23, paragraph 2, of the Convention, the Republic of Azerbaijan declares that in pursuance of paragraph 1 of this article, the Ministry of Justice of the Republic of Azerbaijan is designated as the central authority of the Republic of Azerbaijan. The address is : 1 Inshaatchilar Avenue, 370073 Baky, Republic of Azerbaijan.
Period covered: 01/11/2003 -
Articles concerned : 23

Reservation contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

In accordance with Article 21, paragraph 2, of the Convention, the Republic of Azerbaijan declares that judicial documents shall be served through the Ministry of Justice of the Republic of Azerbaijan.
Period covered: 01/11/2003 -
Articles concerned : 21

Reservation contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

In accordance with Article 14, paragraph 3, of the Convention, the Republic of Azerbaijan declares that the provisons of Article 14, paragraph 2, of the Convention shall apply only subject to the constitutional principles of the Republic of Azerbaijan.
Period covered: 01/11/2003 -
Articles concerned : 14

Declaration contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories is enclosed).
Period covered: 01/11/2003 -
Articles concerned : -


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Declaration transmitted by the Embassy of the Republic of Azerbaijan in France to the Secretariat General of the OECD on 24 May 2018 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information.
Period covered: 24/05/2018 -
Articles concerned : 28

Declaration contained in a Declaration from the Ministry of Taxes of the Republic of Azerbaijan, dated 23 May 2014, registered at the Secretariat General of the OECD on 23 September 2014 - Or. Engl. and confirmed at the time of the ratification of the Protocol, on 29 May 2015.

Pursuant to Article 4, paragraph 3, of the Convention on Mutual Administrative Assistance in Tax Matters, according to the national legislation of the Republic of Azerbaijan, its competent authorities may inform its resident or national before transmitting information concerning him, in conformity with Article 5 and Article 7 of the Convention.

Period covered: 01/09/2015 -
Articles concerned : 7, 5

Declaration contained in a Declaration from the Ministry of Taxes of the Republic of Azerbaijan, dated 23 May 2014, registered at the Secretariat General of the OECD on 23 September 2014 - Or. Engl. and confirmed at the time of the ratification of the Protocol on 29 May 2015.

The Republic of Azerbaijan will apply the provisions of the Convention and the Protocol only in respect of the States Parties with which the Republic of Azerbaijan has diplomatic relations.

Period covered: 01/09/2015 -
Articles concerned : -

Declaration contained in the instrument of ratification deposited on 3 June 2004 - Or. Engl.

ANNEX C – Definition of the term “national” is given in the following:

The term “national” means:

. all individuals possessing the nationality of the Republic of Azerbaijan;
. all legal persons (including partnership and joint venture), companies, associations and other organisations deriving their status as such from the legislation of the Republic of Azerbaijan.
Period covered: 01/10/2004 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 3 June 2004 - Or. Engl.

ANNEX B – Competent authorities:

Ministry of taxes, State Customs Committee, Ministry of Labour and Social Protection of Population, Ministry of Finance.
Period covered: 01/10/2004 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 3 June 2004 - Or. Engl.

ANNEX A – Taxes to which the Convention would apply:

Article 2, paragraph 1. a. i:
. Income tax from individuals;
. ¨Profit tax from legal persons (with the exception of entities and enterprises that are the property of municipalities);
. Tax whitheld at the source of payment on income of non-residents;
. Tax withheld from the net profit of a permanent establishment.

Article 2, paragraph 1. b. i:
. Profit tax from entities and enterprises that are the property of municipalities.

Article 2, paragraph 1. b. ii:
. Payments to the State Social Protection Fund.

Article 2, paragraph 1. b. iii.A:
. Property tax from legal persons.

Article 2, paragraph 1. b. iii.B:
. Land tax from legal persons.

Article 2, paragraph 1. b. iii.C:
. Value added tax.

Article 2, paragraph 1. b. iii.D:
. Excise tax.

Article 2, paragraph 1. b. iii.E:
. Road tax.

Article 2, paragraph 1. b. iii.G:
. Mining tax;
. Tax under simplified system;
. Duties withheld according to the “Law of state duties”.

Article 2, paragraph 1. b. iv:
. Land tax from individuals;
. Property tax from individuals;
. Mining tax on the exploitation of constructions materials produced in certain regions.
Period covered: 01/10/2004 -
Articles concerned : 2

Declaration contained in the instrument of ratification deposited on 3 June 2004 - Or. Engl.

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories is available here).
Period covered: 01/10/2004 -
Articles concerned : -


ETS No.126
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

Declaration contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Convention in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Period covered: 01/08/2002 -
Articles concerned : -


ETS No.125
European Convention for the Protection of Pet Animals

Reservation contained in the instrument of ratification deposited on 19 October 2007 - Or. Engl.

In accordance with Article 21, paragraph 1, of the Convention, the Republic of Azerbaijan declares that subparagraph a of paragraph 1 of Article 10 shall not be applied in the Republic of Azerbaijan.
Period covered: 01/05/2008 -
Articles concerned : 21


ETS No.122
European Charter of Local Self-Government

Declaration contained in a letter from the Minister of Foreign Affairs of the Republic of Azerbaijan, dated 30 August 2013, registered at the Secretariat General on 13 November 2013 - Or. Engl.

In accordance with Article 12 of the Charter, the Republic of Azerbaijan declares to consider itself bound by the following Articles and paragraphs :

Article 2;
Article 3, paragraphs 1 and 2;
Article 4, paragraphs 1, 2, 4, 5 and 6;
Article 5;
Article 6, paragraphs 1 and 2;
Article 7, paragraphs 1 and 3;
Article 8, paragraphs 1, 2 and 3;
Article 9, paragraphs 1, 2, 3, 4, 7 and 8;
Article 10, paragraphs 1, 2 and 3;
Article 11.
Period covered: 01/03/2014 -
Articles concerned : 12

Declaration contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Charter in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Period covered: 01/08/2002 -
Articles concerned : -


ETS No.121
Convention for the Protection of the Architectural Heritage of Europe

Declaration contained in the instrument of ratification deposited on 15 February 2010 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee implementation of the provisions of the Convention in its territories occupied by the Republic of Armenia (the Nagorno Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of these territories from the occupation and complete elimination of the consequences of that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed here).

The occupying power – the Republic of Armenia shall bear all responsibility for destroying architectural heritage in the occupied territories of the Republic of Azerbaijan as from the date of the occupation until the liberation of those territories from the occupation and complete elimination of the consequences of that occupation.
Period covered: 01/06/2010 -
Articles concerned : -


ETS No.117
Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms

Declaration contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Period covered: 01/07/2002 -
Articles concerned : -


ETS No.116
European Convention on the Compensation of Victims of Violent Crimes

Declaration contained in the instrument of accession, deposited on 28 March 2000 - Or. Engl.

The Republic of Azerbaijan designates the Ministry of Justice as the competent authority, in accordance with the Article 12 of the Convention.
Period covered: 01/07/2000 -
Articles concerned : 12


ETS No.114
Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty

Declaration contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Period covered: 01/05/2002 -
Articles concerned : -


ETS No.112
Convention on the Transfer of Sentenced Persons

Declaration contained in the instrument of ratification deposited on 25 January 2001 - Or. Engl.

The Republic of Azerbaijan declares that it will use the Ministry of Justice and the diplomatic channels for the communications relating to the application of this Convention.
Period covered: 01/05/2001 -
Articles concerned : 5

Reservation contained in the instrument of ratification deposited on 25 January 2001 - Or. Engl.

The Republic of Azerbaijan hereby declares that the application of the procedures provided in Article 4, paragraph 5, of the Convention will be realised where it is compatible with the national law.
Period covered: 01/05/2001 -
Articles concerned : 4

Declaration contained in the instrument of ratification deposited on 25 January 2001 - Or. Engl.


In accordance with Article 3, paragraph 3, of the Convention, the Republic of Azerbaijan declares that it totally excludes the procedures provided in Article 9, paragraph 1, subparagraph b, of the Convention.

For the purposes of this Convention, the Republic of Azerbaijan declares that the term "national" means in relation to the Republic of Azerbaijan, the persons mentioned in the Article 52 of the Constitution of the Republic of Azerbaijan,
Period covered: 01/05/2001 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 25 January 2001 - Or. Engl.

In accordance with Article 17, paragraph 3, of the Convention, the Republic of Azerbaijan declares that requests for transfers and supporting documents should be transferred in French or English, and should be accompanied by a translation in Azerbaijanian.
Period covered: 01/05/2001 -
Articles concerned : 17

Declaration contained in the instrument of ratification deposited on 25 January 2001 - Or. Engl.

In accordance with Article 16, paragraph 7, of the Convention, the Republic of Azerbaijan requires to be notified of all transit passages of sentenced persons through its territory.
Period covered: 01/05/2001 -
Articles concerned : 16

Declaration contained in the instrument of ratification deposited on 25 January 2001 - Or. Engl.

In accordance with Article 12, of the Convention, the Republic of Azerbaijan declares that decisions regarding the pardons and amnesties of sentenced persons transferred by the Republic of Azerbaijan should be agreed with the relevant competent authorities of the Republic of Azerbaijan.
Period covered: 01/05/2001 -
Articles concerned : 12


ETS No.108
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Declaration contained in the instrument of ratification deposited on 3 May 2010 - Or. Engl.

In accordance with Article 3, paragraph 2, sub-paragraph a, of the Convention, the Republic of Azerbaijan declares that the provisions of the Convention will not be applied to the categories of personal data files, which are subject to State secret and processed by natural persons exclusively for personal and family needs in compliance with the rules defined by the legislation.
Period covered: 01/09/2010 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 3 May 2010 - Or. Engl.

In accordance with Article 3, paragraph 2, sub-paragraph c, of the Convention, the Republic of Azerbaijan declares that the provisions of the Convention will be applied to personal data files which are not processed automatically.
Period covered: 01/09/2010 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 3 May 2010 - Or. Engl.

In accordance with Article 13, paragraph 2, sub-paragraph a, of the Convention, the Ministry of Justice of the Republic of Azerbaijan is designated as a competent authority for furnishing information on the law and administrative practice in the field of data protection and for furnishing factual information. The contact information are the following:

Ministry of Justice of the Republic of Azerbaijan
1, Inshaatchilar Avenue,
Baky city, AZ 1073
Republic of Azerbaijan.
Email : contact@justice.gov.az
Period covered: 01/09/2010 -
Articles concerned : 13

Declarations contained in the instrument of ratification deposited on 3 May 2010 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the implementation of the provisions of the Convention in its territories occupied by the Republic of Armenia until the liberation of those territories from the occupation and complete elimination of the consequences of that occupation.

The Republic of Azerbaijan declares that the rights and obligations set out in the provisions of the Convention shall not be applied by the Republic of Azerbaijan in respect of the Republic of Armenia.
Period covered: 01/09/2010 -
Articles concerned : -


ETS No.106
European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities

Declaration contained in the instrument of ratification deposited on 30 March 2004 - Or. Engl.

The Republic of Azerbaijan, referring to paragraph 2 of Article 3 of the Convention, declares that its application shall be subject to the conclusion of inter-state agreements with the other Party concerned.
Period covered: 01/07/2004 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 30 March 2004 - Or. Engl.

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories is available here).
Period covered: 01/07/2004 -
Articles concerned : -


ETS No.101
European Convention on the Control of the Acquisition and Possession of Firearms by Individuals

Declaration contained in the instrument of accession deposited on 28 March 2000 - Or. Engl.

The Republic of Azerbaijan designates the Ministry of the Interior as the competent authority, in accordance with the Articles 9 and 11 of the Convention.
Period covered: 01/07/2000 -
Articles concerned : 9, 11


ETS No.100
European Convention on the Obtaining Abroad of Information and Evidence in Administrative Matters

Declaration contained in the instrument of accession deposited on 28 March 2000 - Or. Engl.

The Republic of Azerbaijan designates the Ministry of Justice as the competent authority, in accordance with the Article 2 of the said Convention.
Period covered: 01/07/2000 -
Articles concerned : 2


ETS No.099
Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Reservation contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

In accordance with Article 8, paragraph 2, of the Protocol, the Republic of Azerbaijan reserves the right to accept Chapter I only in respect of acts which are offences under the criminal legislation of the Republic of Azerbaijan, and not to accept Chapters II and III.
Period covered: 02/10/2003 -
Articles concerned : 8

Declaration contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Protocol in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories is enclosed).
Period covered: 02/10/2003 -
Articles concerned : -


ETS No.098
Second Additional Protocol to the European Convention on Extradition

Declaration contained in the instrument of ratification deposited on 28 June 2002 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Convention and its Additional Protocols in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Period covered: 26/09/2002 -
Articles concerned : -


ETS No.092
European Agreement on the Transmission of Applications for Legal Aid

Declaration contained in the instrument of accession deposited on 28 March 2000 - Or. Engl.

The Republic of Azerbaijan designates the Ministry of Justice as the transmitting and the central receiving authority, in accordance with the Article 2 of the said Agreement.
Period covered: 29/04/2000 -
Articles concerned : 2


ETS No.090
European Convention on the Suppression of Terrorism

Reservation contained in the instrument of ratification deposited on 11 February 2004 - Or. Engl.

In accordance with paragraph 1 of Article 13 of the Convention, the Republic of Azerbaijan reserves the right to refuse extradition in respect of any offence mentioned in Article 1 which it considers to be a political offence.
Period covered: 12/05/2004 -
Articles concerned : 13

Declaration contained in the instrument of ratification deposited on 11 February 2004 - Or. Engl.

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories is available here).
Period covered: 12/05/2004 -
Articles concerned : -


ETS No.088
European Convention on the International Effects of Deprivation of the Right to Drive a Motor Vehicle

Declaration contained in the instrument of accession deposited on 26 June 2000 - Or. Eng.

The Republic of Azerbaijan designates the Ministry of Internal Affairs as the competent authority in accordance with Article 6 of the Convention.
Period covered: 27/09/2000 -
Articles concerned : 6


ETS No.086
Additional Protocol to the European Convention on Extradition

Declaration contained in the instrument of ratification deposited on 28 June 2002 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Convention and its Additional Protocols in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Period covered: 26/09/2002 -
Articles concerned : -


ETS No.062
European Convention on Information on Foreign Law

Declaration contained in the instrument of accession deposited on 26 June 2000 - Or. Eng.

The Republic of Azerbaijan designates the Ministry of Justice (1, Inshaatchilar Avenue, 370073 BAKU) as receiving and transmitting agency in accordance with Article 2 of the Convention.
Period covered: 27/09/2000 -
Articles concerned : 2


ETS No.046
Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto

Withdrawal of Derogation, contained in the Note verbale No. 5/11-4331/01/20 from the Ministry of Foreign Affairs of the Republic of Azerbaïjan, registered at the Secretariat General on 15 December 2020 – Or. Engl.

The Ministry of Foreign Affairs of the Republic of Azerbaijan presents its compliments to the Secretary General of the Council of Europe and with reference to its Note Verbal 5/11-3283/01/20 of 28 September 2020, has the honour to inform that martial law throughout the country was lifted starting from 00:00 on 12 December 2020 by the Decree of the President of the Republic of Azerbaijan dated 7 December 2020, approved by the Decision of the Milli Majlis (Parliament) of the Republic of Azerbaijan.

Pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Government of the Republic of Azerbaijan declares that situation which necessitated a derogation from certain obligations under the Convention ceased to exist and Articles 5, 6, 8, 10 and 11 of the Convention, Article 1 and 2 of the Protocol to the Convention, and Article 2 of the Protocol No.4 to the Convention are again being fully executed.

The Ministry kindly requests to consider this communication as a notification on termination of the derogation in accordance with Article 15 (3) of the Convention.
Period covered: 15/12/2020 -
Articles concerned : 1

Declaration contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Period covered: 15/04/2002 -
Articles concerned : -


ETS No.030
European Convention on Mutual Assistance in Criminal Matters

Declaration contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

In accordance with Article 7 of the Convention, the Republic of Azerbaijan declares that service of summons on a person shall be transmitted not less than 50 days before the date set for appearance.
Period covered: 02/10/2003 -
Articles concerned : 7

Reservation contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

The Republic of Azerbaijan declares that letters rogatory for search or seizure of property shall be executed on conditions provided for in sub-paragraphs a and c of Article 5, paragraph 1, of the Convention.
Period covered: 02/10/2003 -
Articles concerned : 5

Declaration contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

The Republic of Azerbaijan declares that letters rogatory relating to criminal matters provided for in Article 3 of the Convention and for the purpose of procuring evidence shall be executed by taking into consideration the provisions of Article 66 of the Constitution of the Republic of Azerbaijan :

"Extract from the Constitution of the Republic of Azerbaijan:
Article 66. Prohibition on testifying against relatives
"No one may be forced to testify against him/herself or against his/her spouse, children, parents or siblings. The complete list of relatives against whom testifying is not obligatory is spectified by law.""
Period covered: 02/10/2003 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

In accordance with Article 24 of the Convention, the Republic of Azerbaijan declares that, for the purposes of the Convention, the following authorities shall be deemed as judicial authorities :

– the Ministry of Justice of the Republic of Azerbaijan;
– the General Prosecutor Office of the Republic of Azerbaijan;
– the courts of the Republic of Azerbaijan (except the Constitutional Court).
Period covered: 02/10/2003 -
Articles concerned : 24

Reservation contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

In accordance with Article 23, paragraph 1, of the Convention, the Republic of Azerbaijan declares that in addition to grounds provided for in Article 2 of this Convention, the assistance may be refused also in the following cases :

– if the request for assistance concerns acts which are not qualified as an offence under the legislation of the Republic of Azerbaijan;
– if there is an enforceable judgment of the court of the Republic of Azerbaijan or of a third State in respect of the person for committing the same offence of which he is suspected or accused in the requesting State;
– if the request for assistance concerns an offence that is under the investigation or judicial consideration in the Republic of Azerbaijan and if the postponement of execution of this request is impossible.
Period covered: 02/10/2003 -
Articles concerned : 2

Declaration contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

In accordance with Article 16, paragraph 2, of the Convention, the Republic of Azerbaijan declares that requests or any other documents relating to the application of the Convention shall be accompanied by a translation into Azerbaijani or English.
Period covered: 02/10/2003 -
Articles concerned : 16

Declaration contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

In accordance with Article 15, paragraph 6, of the Convention, the Republic of Azerbaijan declares that all requests for assistance which are communicated directly between judicial authorities, as well as other covering documents shall be transmitted at the same time to the Ministry of Justice of the Republic of Azerbaijan.
Period covered: 02/10/2003 -
Articles concerned : 15

Declaration contained in the instrument of ratification deposited on 4 July 2003 – Or. Engl.

The Republic of Azerbaijan declares that it will be unable to guarantee compliance with the provisions of the Convention in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories is enclosed).
Period covered: 02/10/2003 -
Articles concerned : -


ETS No.024
European Convention on Extradition



[Note by the Secretariat: See also the reservation made by Azerbaijan to Article 6 of the Fourth Additional Protocol to the Convention (CETS No. 212), on 15 October 2019.]
Articles concerned : 14, 12



[Note by the Secretariat: See also the reservation made by Azerbaijan to Article 1 of the Fourth Additional Protocol to the Convention (CETS No. 212), on 15 October 2019.]
Articles concerned : 10

Declaration contained in the instrument of ratification deposited on 28 June 2002 - Or. Engl.

The Republic of Azerbaijan declares that according to Article 53 (II) of the Constitution of the Republic of Azerbaijan in no circumstances a citizen of the Republic of Azerbaijan shall be extradited to another State. In this respect the Republic of Azerbaijan in any case will refuse to extradite its citizens.
Period covered: 26/09/2002 -
Articles concerned : 6

Declaration contained in the instrument of ratification deposited on 28 June 2002 - Or. Engl.

The Republic of Azerbaijan declares that the requests for extradition and the documents annexed thereto must be submitted with a translation into Azerbaijani language.
Period covered: 26/09/2002 -
Articles concerned : 23

Declaration contained in the instrument of ratification deposited on 28 June 2002 - Or. Engl.

The Republic of Azerbaijan declares that transit of extradited persons through the territory of the Republic of Azerbaijan will be allowed subject to the observance of the same conditions as for extradition.
Period covered: 26/09/2002 -
Articles concerned : 21

Reservations contained in the instrument of ratification deposited on 28 June 2002 - Or. Engl.

The Republic of Azerbaijan reserves the right not to grant extradition on humanitarian grounds taking into consideration the age or state of health of the person sought.

The Republic of Azerbaijan will refuse the extradition if there are sufficient grounds for supposing that the extradition would affect the sovereignty or national security of the Republic of Azerbaijan.

The Republic of Azerbaijan will refuse to grant extradition if there are sufficient grounds for supposing that the person requested for extradition will be exposed to torture or other cruel, inhuman or degrading treatment or punishment in the requesting State.

The Republic of Azerbaijan will not grant extradition if there are sufficient grounds for supposing that the person requested for the extradition will be persecuted for reasons of race, nationality, language, religion, citizenship or political opinion.
Period covered: 26/09/2002 -
Articles concerned : 1

Declaration contained in the instrument of ratification deposited on 28 June 2002 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Convention and its Additional Protocols in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Period covered: 26/09/2002 -
Articles concerned : -


ETS No.009
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

Withdrawal of Derogation, contained in the Note verbale No. 5/11-4331/01/20 from the Ministry of Foreign Affairs of the Republic of Azerbaïjan, registered at the Secretariat General on 15 December 2020 – Or. Engl.

The Ministry of Foreign Affairs of the Republic of Azerbaijan presents its compliments to the Secretary General of the Council of Europe and with reference to its Note Verbal 5/11-3283/01/20 of 28 September 2020, has the honour to inform that martial law throughout the country was lifted starting from 00:00 on 12 December 2020 by the Decree of the President of the Republic of Azerbaijan dated 7 December 2020, approved by the Decision of the Milli Majlis (Parliament) of the Republic of Azerbaijan.

Pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Government of the Republic of Azerbaijan declares that situation which necessitated a derogation from certain obligations under the Convention ceased to exist and Articles 5, 6, 8, 10 and 11 of the Convention, Article 1 and 2 of the Protocol to the Convention, and Article 2 of the Protocol No.4 to the Convention are again being fully executed.

The Ministry kindly requests to consider this communication as a notification on termination of the derogation in accordance with Article 15 (3) of the Convention.
Period covered: 15/12/2020 -
Articles concerned : 2, 1

Declaration contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

The Republic of Azerbaijan declares that it interprets the second sentence of Article 2 of the Protocol in the sense that this provision does not impose on the State any obligation to finance religious education.
Period covered: 15/04/2002 -
Articles concerned : 2

Declaration contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Period covered: 15/04/2002 -
Articles concerned : -


ETS No.005
Convention for the Protection of Human Rights and Fundamental Freedoms

Withdrawal of Derogation, contained in the Note verbale No. 5/11-4331/01/20 from the Ministry of Foreign Affairs of the Republic of Azerbaïjan, registered at the Secretariat General on 15 December 2020 – Or. Engl.

The Ministry of Foreign Affairs of the Republic of Azerbaijan presents its compliments to the Secretary General of the Council of Europe and with reference to its Note Verbal 5/11-3283/01/20 of 28 September 2020, has the honour to inform that martial law throughout the country was lifted starting from 00:00 on 12 December 2020 by the Decree of the President of the Republic of Azerbaijan dated 7 December 2020, approved by the Decision of the Milli Majlis (Parliament) of the Republic of Azerbaijan.

Pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Government of the Republic of Azerbaijan declares that situation which necessitated a derogation from certain obligations under the Convention ceased to exist and Articles 5, 6, 8, 10 and 11 of the Convention, Article 1 and 2 of the Protocol to the Convention, and Article 2 of the Protocol No.4 to the Convention are again being fully executed.

The Ministry kindly requests to consider this communication as a notification on termination of the derogation in accordance with Article 15 (3) of the Convention.
Period covered: 15/12/2020 -
Articles concerned : 8, 6, 5, 15, 11, 10

Reservation contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

According to Article 57 of the Convention, the Republic of Azerbaijan makes a reservation in respect of Articles 5 and 6 to the effect that the provisions of those Articles shall not hinder the application of extrajudicial disciplinary penalties involving the deprivation of liberty in accordance with Articles 48, 49, 50, 56-60 of the Disciplinary Regulations of Armed Forces adopted by the Law of the Republic of Azerbaijan No. 885 of 23 September 1994.

Disciplinary Regulations of Armed Forces adopted by the Law of the Republic of Azerbaijan No. 885 of 23 September 1994 (Official Gazette of the Supreme Council of the Republic of Azerbaijan » (« Azerbaycan Respublikasi Ali Sovetinin Melumati »), 1995, No. 5-6, Article 93)

48. Soldiers and sailors:
… d) can be arrested up to 10 days in “hauptvakht”(military prison).

49. Temporary service ensigns:
… g) can be arrested up to 10 days in “hauptvakht”(military prison).

50. Outer-limit service ensigns:
… g) can be arrested up to 10 days in “hauptvakht”(military prison).

56. Battalion (4th degree naval) commander has the power:
… g) to arrest soldiers, sailors and ensigns up to 3 days.

57. Company (3rd degree naval) commander has the power:
… g) to arrest soldiers, sailors and ensigns up to 5 days.

58. Regiment (brigade) commander has the power:
… g) to arrest soldiers, sailors and ensigns up to 7 days.

59. Division, special brigade (naval brigade) commanders have the additional powers other than those given to the Regiment (brigade) commanders:
… a) to arrest soldiers, sailors and ensigns up to 10 days.

60. Corps commanders, commanders of any type of army, of the different types of armed forces, as well as deputies of Defense Minister have the power to wholly impose the disciplinary penalties, prescribed in the present Regulations, in respect of soldiers, sailors and ensigns under their charge,

Period covered: 15/04/2002 -
Articles concerned : 6, 5

Reservation contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

According to Article 57 of the Convention, the Republic of Azerbaijan makes a reservation in respect of Article 10, paragraph 1, to the effect that the provisions of that paragraph shall be interpreted and applied in accordance with Article 14 of the Law of the Republic of Azerbaijan “on Mass Media” of 7 December 1999.

Law of the Republic of Azerbaijan “on Mass Media” of 7 December 1999
(Compilation of Legislation of the Republic of Azerbaijan
(« Azerbaycan Respublikasinin Qanuvericilik Toplusu »), 2000, n° 2, Article 82)

Article 14 :
… the establishment of mass media by legal persons and citizens of foreign states in the territory of the Republic of Azerbaijan shall be regulated by interstate treaties concluded by the Republic of Azerbaijan (“legal person of a foreign state” means a legal person of which the charter fund or more than 30% of the shares are owned by legal persons or citizens of foreign states, or a legal person of which 1/3 of founders are legal persons or citizens of foreign states).

Period covered: 15/04/2002 -
Articles concerned : 10

Declaration contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Convention in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Period covered: 15/04/2002 -
Articles concerned : -


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 26 April 2018 - Or. Engl.

In accordance with Article 30, paragraph 1.a, of the Convention, The Bahamas does not provide any form of assistance in relation to the taxes of other Parties in any of the categories listed in sub-paragraph b of paragraph 1 of Article 2, provided that it has not included any domestic tax in that category under Annex A of the Convention.
Period covered: 01/08/2018 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 26 April 2018 - Or. Engl.

In accordance with Article 30, paragraph 1.b, of the Convention, The Bahamas does not provide assistance in the recovery of any tax claim, or in the recovery of an administrative fine, for all taxes listed in paragraph 1 of Article 2.
Period covered: 01/08/2018 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 26 April 2018 - Or. Engl.

In accordance with Article 30, paragraph 1.c, of the Convention, The Bahamas does not provide assistance in respect of any tax claim, which is in existence at the date of entry into force of the Convention in respect of that State or, where a reservation has previously been made under sub-paragraph a or b above, at the date of withdrawal of such a reservation in relation to taxes in the category in question.
Period covered: 01/08/2018 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 26 April 2018 - Or. Engl.

In accordance with Article 30, paragraph 1.d, of the Convention, The Bahamas does not provide assistance in the service of documents for all taxes listed in paragraph 1 of Article 2.
Period covered: 01/08/2018 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 26 April 2018 - Or. Engl.

In accordance with Article 30, paragraph 1.e, of the Convention, The Bahamas does not permit the service of documents through the post as provided for in paragraph 3 of Article 17.
Period covered: 01/08/2018 -
Articles concerned : 30, 17

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 26 April 2018 - Or. Engl.

In accordance with Article 30, paragraph 1.f, of the Convention, The Bahamas applies Article 28, paragraph 7, of the Convention exclusively for administrative assistance related to taxable periods beginning on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party, or where there is no taxable period, for administrative assistance related to charges to tax arising on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party.
Period covered: 01/08/2018 -
Articles concerned : 30, 28

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 26 April 2018 - Or. Engl.

ANNEX C - Definition of the word "national" for the purpose of the Convention

In The Bahamas the term “national” is used when there is a reference to a person (whether natural person or legal person) in the international arena, for example, a “national” of The Bahamas or a “National” of a State. However, when referring to a person domestically (in the domestic legislation) a person is considered a citizen, not a national.
Period covered: 01/08/2018 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 26 April 2018 - Or. Engl.

ANNEX B - Competent Authorities

The Minister of Finance or his authorised representative.
Period covered: 01/08/2018 -
Articles concerned : 3

Declaration transmitted by the Ministry of Foreign Affairs of The Bahamas to the Secretariat General of the OECD on 26 April 2018 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information.
Period covered: 01/08/2018 -
Articles concerned : 28

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 26 April 2018 - Or. Engl.

ANNEX A – Existing taxes to which the Convention shall apply

Article 2, paragraph 1.b.ii: Compulsory social security contributions payable to general government.
Article 2, paragraph 1.b.iii.B: Taxes on immovable property.
Article 2, paragraph 1.b.iii.C: General consumption taxes, such as value-added or sales taxes.
Article 2, paragraph 1.b.iii.D: Specific taxes on goods and services such as excise taxes.
Article 2, paragraph 1.b.iii.E: Taxes on the use or ownership of motor vehicles.
Period covered: 01/08/2018 -
Articles concerned : 2


ETS No.112
Convention on the Transfer of Sentenced Persons

Declaration contained in a letter from the Ambassador of the Bahamas to the United Kingdom, dated 25 March 1992 registered at the Secretariat General on 1 April 1992 - Or. Engl. .

In accordance with Article 3, paragraph 3 of the Convention, the Government of the Commonwealth of The Bahamas, herewith amends the Declaration made at the time of the deposit of its instrument of accession, as such Declaration related to the definition of the term “national” (Article 3, paragraph 1.a.).

The Government of the Commonwealth of The Bahamas now declares that the term "national" (Article 3, paragraph 1.a) means a citizen of The Bahamas or the holder of a certificate of permanent residence issued under the Immigration Act who is the spouse of a citizen of The Bahamas.
Period covered: 01/04/1992 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 12 November 1991 - Or./Engl. .

In pursuance of Article 3, paragraph 3 of the Convention, the Commonwealth of The Bahamas declares that in light of this Article and as regards Article 9, paragraph 1, the Commonwealth of The Bahamas excludes the application of the procedure provided for in Article 9, paragraph 1.b. of the Convention in cases when the Commonwealth of The Bahamas is the Administering State.
Period covered: 01/03/1992 -
Articles concerned : 9, 3

Declaration contained in the instrument of ratification deposited on 12 November 1991 - Or./Engl. .

In accordance with the provisions of Article 5, paragraph 2 of the Convention, the Commonwealth of The Bahamas declares that the Central Authority to forward and receive requests is:

The Attorney General
Post Office Box N-3007
NASSAU
The Commonwealth of The Bahamas
Period covered: 01/03/1992 -
Articles concerned : 5

Declaration contained in the instrument of ratification deposited on 12 November 1991 - Or./Engl. .

The Commonwealth of The Bahamas also declares that in accordance with the provisions of Article 5, paragraph 3 that it accepts the right of any party to require that communication and legal papers pertaining to requests and replies be transmitted through the Diplomatic Channel.
Period covered: 01/03/1992 -
Articles concerned : 5

Declaration contained in the instrument of ratification deposited on 12 November 1991 - Or./Engl. .

In accordance with the provisions of Article 17, paragraph 3, the Commonwealth of The Bahamas declares that requests for transfer and supporting documents shall be accompanied by a translation in the English Language.
Period covered: 01/03/1992 -
Articles concerned : 17


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Declaration transmitted by the Embassy of the Kingdom of Bahrain in Paris to the Secretariat General of the OECD on 11 May 2018 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information.
Period covered: 01/09/2018 -
Articles concerned : 28

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 3 May 2018 - Or. Engl.

The Kingdom of Bahrain declares its intention, as a general rule, in accordance with paragraph 3 of Article 9 of the Convention, not to accept applications from applicant States that allows the presence of representatives of its competent authority in the appropriate part of the tax examination in the Kingdom of Bahrain.
Period covered: 01/09/2018 -
Articles concerned : 9

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 3 May 2018 - Or. Engl.

The Kingdom of Bahrain declares that, in accordance with paragraph 3 of Article 4 of the Convention, the competent authority of the Kingdom of Bahrain may, when applying Articles 5 and 7 of the Convention, inform its citizens and residents before sending information concerning them.
Period covered: 01/09/2018 -
Articles concerned : 7, 5, 4

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 3 May 2018 - Or. Engl.

Pursuant to paragraph 1.a of Article 30 of the Convention, the Kingdom of Bahrain reserves the right not to provide any form of assistance with respect to the taxes of other State Parties to the Convention in any of the categories listed in paragraph 1.b of Article 2 of the Convention, which are not included in Annex A of the Kingdom of Bahrain.
Period covered: 01/09/2018 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 3 May 2018 - Or. Engl.

Pursuant to paragraph 1.b of Article 30 of the Convention, the Kingdom of Bahrain reserves the right not to provide assistance in the recovery of any tax claim, or in the recovery of an administrative fine, for all taxes listed in paragraph 1 of Article 2.
Period covered: 01/09/2018 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 3 May 2018 - Or. Engl.

Pursuant to paragraph 1.d of Article 30 of the Convention, the Kingdom of Bahrain reserves the right not to provide assistance in the service of documents for all taxes listed in paragraph 1 of Article 2.
Period covered: 01/09/2018 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 3 May 2018 - Or. Engl.

Pursuant to paragraph 1.f of Article 30 of the Convention, the Kingdom of Bahrain reserves the right to apply paragraph 7 of Article 28 exclusively for administrative assistance related to taxable periods beginning on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of the Kingdom of Bahrain, or where there is no taxable period, for administrative assistance related to charges to tax arising on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of the Kingdom of Bahrain.
Period covered: 01/09/2018 -
Articles concerned : 30, 28

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 3 May 2018 - Or. Engl.

ANNEX B – Competent Authorities

The Minister of Finance or his authorised representative.
Period covered: 01/09/2018 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 3 May 2018 - Or. Engl.

The Kingdom of Bahrain declares that the Convention shall apply to all parts of the territory of the Kingdom of Bahrain and shall include the Kingdom’s territory, subsoil, territorial waters adjacent to it, its seabed and all of which the Kingdom’s sovereignty and jurisdiction is exercised in accordance with principals of international law.
Period covered: 01/09/2018 -
Articles concerned : 29

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 3 May 2018 - Or. Engl.

ANNEX A – Existing taxes to which the Convention shall apply

Article 2, paragraph 1.a.i: Income tax established by Legislative Decree No. 22 for the year 1979.
Period covered: 01/09/2018 -
Articles concerned : 2

Declaration transmitted by a Note Verbale from the Embassy of Barbados in Brussels, dated 11 December 2017, registered at the Secretariat General of the OECD on 15 December 2017 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information.
Period covered: 15/12/2017 -
Articles concerned : 28

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 4 July 2016 - Or. Engl.

Pursuant to Article 9, paragraph 3, of the Convention, Barbados will not accept, as a general rule, requests referred to in Article 9, paragraph 1, of the Convention.
Period covered: 01/11/2016 -
Articles concerned : 9

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 4 July 2016 - Or. Engl.

Pursuant to Article 4, paragraph 3, of the Convention, Barbados may inform its resident or national before transmitting information to another party, in conformity with Article 5 and Article 7 of the Convention.
Period covered: 01/11/2016 -
Articles concerned : 4

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 4 July 2016 - Or. Engl.

Pursuant to Article 30, paragraph 1.a, of the Convention, Barbados reserves the right not to provide any form of assistance in relation to the taxes of other Parties described in any of the categories listed in Article 2, paragraph 1.b., of the Convention.
Period covered: 01/11/2016 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 4 July 2016 - Or. Engl.

Pursuant to Article 30, paragraph 1.b, of the Convention, Barbados reserves the right not to provide assistance in the recovery of any tax claim, or in the recovery of an administrative fine, for all taxes.
Period covered: 01/11/2016 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 4 July 2016 - Or. Engl.

Pursuant to Article 30, paragraph 1.c, of the Convention, Barbados reserves the right not to provide assistance in respect of any tax claim, which is in existence at the date of entry into force of the Convention in respect of Barbados, or, if the tax claim is in relation to taxes which are listed in the reservation made under Article 30, paragraph 1. a or b of the Convention, at the date of withdrawal of such a reservation by Barbados.
Period covered: 01/11/2016 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 4 July 2016 - Or. Engl.

Pursuant to Article 30, paragraph 1.d, of the Convention, Barbados will not provide assistance in the service of documents for all taxes.
Period covered: 01/11/2016 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 4 July 2016 - Or. Engl.

Pursuant to Article 30, paragraph 1.e, of the Convention, Barbados reserves the right not to permit the service of documents through the post as provided for in paragraph 3 of Article 17.
Period covered: 01/11/2016 -
Articles concerned : 30, 17

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 4 July 2016 - Or. Engl.

Pursuant to Article 30, paragraph 1.f, of the Convention, Barbados reserves the right to apply paragraph 7 of Article 28 exclusively for administrative assistance related to taxable periods beginning on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of Barbados, or where there is no taxable period, for administrative assistance related to charges to tax arising on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of Barbados.
Period covered: 01/11/2016 -
Articles concerned : 30, 28

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 4 July 2016 - Or. Engl.

Annex C - Definition of the term “national” for the purpose of the Convention

For the purposes of Article 3, paragraph 1.e, of the Convention, the term "national" in relation to Barbados means any individual possessing the nationality or citizenship of Barbados; and any legal person, partnership or association deriving its status as such from the laws in force in Barbados.
Period covered: 01/11/2016 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 4 July 2016 - Or. Engl.

Barbados ratifies the Convention with the following declaration:

ANNEX A - Taxes to which the Convention would apply

Article 2, paragraph 1.a.i: Income tax.
Article 2, paragraph 1.a.ii: Corporation tax.
Period covered: 01/11/2016 -
Articles concerned : 2

Declaration deposited with the Secretary General of the OECD at the time of signature of the instrument, on 28 October 2015 - Or. Engl., and confirmed in the instrument of ratification deposited with the Secretary General of the OECD, on 4 July 2016 - Or. Engl.

ANNEX B - Competent authorities
The Barbados Revenue Authority.
Period covered: 01/11/2016 -
Articles concerned : 3


ETS No.173
Criminal Law Convention on Corruption

Declaration contained in a Note verbale from the Embassy of Belarus in France appended to the instrument of ratification deposited on 6 November 2007 – Or. Engl.

According to the provisions of Article 29, paragraph 1, of the Convention, the General Prosecutor's Office of the Republic of Belarus is designated as a central authority for the purposes of Chapter IV of the Convention. The contact information are the following :

General Prosecutor's Office
of the Republic of Belarus
22, Internacionalnaya str.
220050 MINSK
Republic of Belarus
Tel.: (+375-17)227-31
Fax : (+375-17)226-42-52
Period covered: 01/03/2008 -
Articles concerned : 29


ETS No.104
Convention on the Conservation of European Wildlife and Natural Habitats

Reservation contained in the instrument of accession deposited on 19 February 2013 - Or. Engl.

Pursuant to Article 22, paragraph 1, of the Convention, the Republic of Belarus shall not apply the provisions of Article 6 of the Convention in respect to the following species included in Appendix II to the said Convention:

- Canis Lupus ;
- Lutra lutra.
Period covered: 01/06/2013 -
Articles concerned : 22

Reservation contained in the instrument of accession deposited on 19 February 2013 - Or. Engl.

Pursuant to Article 22, paragraph 1, of the Convention, the Republic of Belarus shall not apply the provisions of Article 8 of the Convention in respect of the following prohibited means and methods of killing, capture and other forms of exploitation listed in Appendix IV:

- Snares, nets - in respect of the capture or killing of Castor fiber, Lutra lutra, Sciurus vulgaris, Martes martes, Martes foina, Putorius (Mustela) putorius, Canis lupus;

- Semi-automatic weapons with a magazine capable of holding more than two rounds of ammunition - in respect of the capture or killing of all game animals;

- Devices for illuminating targets, sighting devices for night shooting comprising an electronic image magnifier or image converter, artificial light sources - in respect of the capture or killing of Canis lupus, Capreolus capreolus, Alces alces, Cervus elaphus, Cervus dama, Cervis nippon in the periods of hunting which is allowed in the nighttime;

- Tape recorders - in respect of the capture or killing of all game animals;

- Aircrafts - in respect of the capture or killing of Canis lupus;

- Motor vehicles in motion - in respect of the capture or killing of all game animals.
Period covered: 01/06/2013 -
Articles concerned : 22


ETS No.097
Additional Protocol to the European Convention on Information on Foreign Law

Declaration contained in the instrument of ratification, deposited on 2 July 1997 - Or. Engl.

The Republic of Belarus shall apply Additional Protocol to the European Convention on Information on Foreign Law with the exception of provisions of Chapter II of this Protocol.
Period covered: 03/10/1997 -
Articles concerned : 5


ETS No.062
European Convention on Information on Foreign Law

Declaration contained in a letter from the Representative of Belarus, dated 13 May 1997, handed to the Secretary General at the time of deposit of the instrument of accession on 2 July 1997 - Or. Engl.

In accordance with Article 2 of the Convention, the Ministry of Justice of the Republic of Belarus has been appointed the receiving agency (Ministry of Justice, 10, Kollecktornaya-Str., Minsk, 220084, Belarus; tel. : +375-17-220.88.29; fax : +375-17-220.97.55).
Period covered: 03/10/1997 -
Articles concerned : 2


CETS No.210
Council of Europe Convention on preventing and combating violence against women and domestic violence

Declaration contained in a Note verbale from the Permanent Representation of Belgium, dated 20 April 2016, registered at the Secretariat General on 25 April 2016 – Or. Fr.

The Kingdom of Belgium declares that the official body designated under Article 10 of the Convention is the Institute for the equality of women and men, Brussels, Belgium.
Period covered: 25/04/2016 -
Articles concerned : 10


CETS No.202
European Convention on the Adoption of Children (Revised)

Declaration contained in a Note verbale from the Minister of Foreign Affairs of Belgium, dated 10 April 2015, supplementing the instrument of ratification deposited on 7 May 2015 - Or. Fr.

In accordance with Articles 15 and 28 of the Convention, Belgium declares that requests for information shall be addressed to the following authority:

Federal Public Service Justice
International Adoption Service
Boulevard de Waterloo, 115
1000 Bruxelles
Tel. : 00 32 2 542 75 72 or 00 32 2 542 71 61
Fax : 00 32 2 542 70 56
E-mail : adoption.int.adoptie@just.fgov.be

Period covered: 01/09/2015 -
Articles concerned : 7

Declaration contained in a Note verbale from the Minister of Foreign Affairs of Belgium, dated 10 April 2015, supplementing the instrument of ratification deposited on 7 May 2015 - Or. Fr.

In accordance with Article 7, paragraph 2, of the Convention, Belgium declares that under Article 343 of its Civil Code, the term “adopter” also applies to same sex couples who are married to each other or having made a declaration of legal cohabitation, as well as to different sex couples and same sex couples who are living together permanently and effectively since at least three years.

Period covered: 01/09/2015 -
Articles concerned : 28, 15


CETS No.201
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse

Objection contained in a letter from the Deputy Prime Minister and Minister of Foreign Affairs, European Affairs and Foreign Trade of Belgium, transmitted by a Note verbale from the Permanent Representation of Belgium to the Council of Europe, dated 18 December 2020, registered at the Secretariat General on 19 December 2020 – Or. Fr.

The Kingdom of Belgium has carefully examined the declarations made by the Republic of Azerbaijan upon ratification, on 19 December 2019, of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote, 25 October 2007, CETS No. 201).

The Kingdom of Belgium considers that by unilaterally excluding the application of the Convention by the Republic of Azerbaijan in respect of another State Party, in this case the Republic of Armenia, the first declaration in fact constitutes a reservation.

Such a reservation is inadmissible under Article 48 of the Convention, which prohibits reservations to the Convention except for those specifically mentioned, which do not include the reservation in question made by the Republic of Azerbaijan.

Furthermore, the Kingdom of Belgium considers that this reservation is contrary to the functioning of the multilateral treaty framework in general, which does not allow, unless expressly provided for in the treaty concerned, the unilateral exclusion of the territory of a State which intends to become or is a State Party, by another State which intends to become or is a State Party, from the application of multilateral treaty obligations. The Kingdom of Belgium therefore considers that this reservation is contrary to the object and purpose of the Convention as a multilateral treaty.

Consequently, the Kingdom of Belgium objects to the above-mentioned declaration made by the Republic of Azerbaijan with regard to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. This objection shall not constitute an obstacle to the entry into force of the Convention between the Kingdom of Belgium and the Republic of Azerbaijan.
Period covered: 19/12/2020 -
Articles concerned : -

Declaration contained in the instrument of ratification deposited on 8 March 2013 - Or. Fr.

Pursuant to Article 37, paragraph 2, of the Convention, Belgium designates as the single national authority in charge for the purposes of Article 37, paragraph 1, of the Convention, the following authority:

Institut National de Criminalistique et de Criminologie
Direction générale et Direction opérationnelle Criminalistique
Chaussée de Vilvorde 100
B-1120 Bruxelles
Tél. + 32 2 240 05 00
Fax + 32 2 241 61 05
nicc-incc@just.fgov.be
Period covered: 01/07/2013 -
Articles concerned : 37

Reservation contained in the instrument of ratification deposited on 8 March 2013 - Or. Fr.

Pursuant to Article 24, paragraph 3, of the Convention, Belgium reserves the right not to apply paragraph 2 of Article 24 related to repression of attempts to commit the offences established by the Convention, to offences established in accordance with Article 20, paragraph 1. e and f, Article 21, paragraph 1.c, and Article 23.
Period covered: 01/07/2013 -
Articles concerned : 24


CETS No.198
Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

Declaration contained in the instrument of ratification deposited on 17 September 2009 – Or. Fr.

Belgium declares that the unit which acts as FIU, designated pursuant to Article 46, paragraph 13, of the Convention, is the Cellule de traitement de informations financières (Belgian Financial Intelligence Unit), Avenue de la Toison d’Or 55 (boîte 1), B-1060 BRUXELLLES.
Period covered: 01/01/2010 -
Articles concerned : 46

Declaration contained in the instrument of ratification deposited on 17 September 2009 - Or. Fr.

Belgium declares that the central authority designated under Article 33, paragraph 2, of the Convention, is the Service Public Fédéral Justice, Direction générale Législation, Libertés et Droits fondamentaux, Service de coopération internationale pénale, Boulevard de Waterloo 115, B-1000 BRUXELLES.
Period covered: 01/01/2010 -
Articles concerned : 33


CETS No.194
Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending the control system of the Convention (*)

Declaration contained a in letter from the Minister of Foreign Affairs of the Kingdom of Belgium handed to the Secretary General at the time of signature of the instrument, on 20 April 2005 - Or. Fr.

Concerning Article 12 of the amending Protocol modifying Article 35 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Belgium declares that it understands this provision within the meaning specified in particular in paragraphs 79, 80, 83 and 84 of the Explanatory Report, from which it results that:

- the Court shall apply the new admissibility criterion by establishing a case-law allowing to define the legal terms which state this criterion on the basis of an interpretation establishing objective critera of definition (paragraphs 79 et 80);
- the new criteron is designed to avoid rejection of cases warranting an examination on the merits (paragraph 83);
- the single-judge formations and committees will not be able to apply the new critera in the absence of a clear and well established case-law of the Court’s Chambers and Grand Chamber (paragraph 84).
Articles concerned : 12


ETS No.190
Protocol amending the European Convention on the Suppression of Terrorism

Reservation contained in the instrument of ratification deposited on 16 August 2007 - Or. Fr.

The Belgian Government declares that it intends to maintain the reservation made at the time of deposit of the instrument of ratification of the European Convention on the Supression of Terrorism done in Strasbourg on 17 January 1977. (Reservation made pursuant to Article 13.1 of the Convention).

Therefore, the Belgian Government declares the following:

"With due observance of Article 16, paragraph 5, of the Convention, Belgium reserves the right to refuse extradition in respect of any offence mentioned in Article 1, paragraph 1, under a) up to and including h), with the exception of sub-paragraph d), and Article 1, paragraph 2, insofar as the latter covers any offence mentioned in the first paragraph, under a) up to and including h), with the exception of sub-paragraph d), of the Convention, which it considers to be a political offence or an offence connected with a political offence; in these cases, Belgium undertakes to take into due consideration, when evaluating the character of the offence, its particularly serious aspects, including :
a. that it created a collective danger to the life, physical integrity or liberty of persons; or,
b. that it affected persons foreign to the motives behind it; or
c. that cruel or vicious means have been used in the commission of the offence."
Articles concerned : 12


ETS No.185
Convention on Cybercrime

Declaration communicated by the Minister of Foreign Affairs of Belgium at the time of deposit of the intrument of ratification, on 20 August 2012 - Or. fr.

In accordance with Article 2 of the Convention, the Belgian Government declares that it will establish as criminal offences the conducts referred to in Article 2, in relation to “internal hacking” as provided for by Article 550bis, §2 of the Penal Code, only when those conducts are committed with intent to defraud or to cause damage.

In accordance with Article 7 of the Convention, the Belgian Government declares that it will establish as criminal offences the conducts provided for by Article 7 only when they are committed with fraudulent intent or intent to cause damage.
Period covered: 01/12/2012 -
Articles concerned : 7, 2

Reservation communicated by the Minister of Foreign Affairs of Belgium at the time of deposit of the intrument of ratification, on 20 August 2012 – Or. fr.

In accordance with Article 22 of the Convention, the Belgian Government reserves the possibility of applying Article 22.1.c of the Convention only if the following specific condition is fulfilled: Article 36 of the Law of 27 June 1937, relating to the regulation of air navigation, considers as committed in Belgium the offences committed on board a Belgian aircraft in flight.

In accordance with Article 42 of the Convention, Belgium reserves the right to apply Article 22.1.d of the Convention to a Belgian national who is guilty of a criminal offence committed outside the territory of the Kingdom, only in cases where such an offence is considered to be a criminal offence according to Belgian law, and the offence is punished by the law of the country where it was committed, and the perpetrator is found in Belgium. Belgium reserves the right to institute proceedings, in cases where the victim of the offence is a foreigner, only upon a preliminary complaint from the victim, his or her family or an official notice from the authorities of the State where the offence was committed.
Period covered: 01/12/2012 -
Articles concerned : 42, 22

Declaration communicated by the Minister of Foreign Affairs of Belgium at the time of deposit of the intrument of ratification, on 20 August 2012 - Or. Fr.

In accordance with Article 24.7.a of the Convention, the Belgian Government declares that the authority responsible for making or receiving requests for extradition or provisional arrest, in the absence of a treaty, is:

Service Public Fédéral Justice
Service de la coopération internationale pénale
Boulevard de Waterloo 115
1000 Bruxelles
fax : +32(0)2/210.57.98
(until the end of 2012).

In accordance with Article 27.2 of the Convention, the Belgian Government declares that the authority responsible for sending and answering requests for mutual assistance, and for the execution of such requests or their transmission to the authorities competent for their execution is:

Service Public Fédéral Justice
Service de la coopération internationale pénale
Boulevard de Waterloo 115
1000 Bruxelles
fax : +32(0)2/210.57.98
(until the end of 2012).

In accordance with Article 35 of the Convention, the Belgian Government designates a point of contact available on a twenty-four hour, seven-day-a-week basis.
[Note by the Secretariat: For more information please contact the Executive Secretary of the Cybercrime Convention Committee, alexander.seger[at]coe.int.]
Period covered: 01/12/2012 -
Articles concerned : 35, 27, 24


ETS No.182
Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Renewal of authority contained in a Note Verbale from the Permanent Representation of Belgium dated 11 March 2013, registered at the Secretariat General on 13 March 2013 - Or. Fr.

The Government of Belgium confirms the renewal of its declaration of competent authorities: “The Federal Prosecutor is designated as the Belgian judicial authority responsible for the implementation of requests for assistance involving the use of these particular methods of research”.
Period covered: 13/03/2013 -
Articles concerned : 20, 19, 18, 17

Declaration contained in a Note verbale from the Minister of Foreign Affairs of Belgium deposited jointly with the instrument of ratification, on 9 March 2009 – Or. Fr.

Pursuant to paragraph 8 of Article 4 of the Protocol, the Government of the Kingdom of Belgium declares that it requires the transmission of any request for mutual assistance, except when it is urgent, to the central authority for mutual assistance in criminal matters of its Federal Public Service Justice.
Period covered: 01/07/2009 -
Articles concerned : 4

Reservation contained in a Note verbale from the Minister of Foreign Affairs of Belgium deposited jointly with the instrument of ratification, on 9 March 2009 – Or. Fr.

Concerning Article 3 of the Protocol, the Government of the Kingdom of Belgium will grant the temporary transfer provided by this article only if the person concerned is serving a definitive sentence on its territory, excluding anybody in pretrial detention.
Period covered: 01/07/2009 -
Articles concerned : 3

Declaration contained in a Note verbale from the Minister of Foreign Affairs of Belgium deposited jointly with the instrument of ratification, on 9 March 2009 – Or. Fr.

Pursuant to paragraph 5 of Article 26 of the Protocol, the Government of the Kingdom of Belgium declares that, in proceedings for which Belgium could have refused or limited the transfer or use of personal data in accordance with the provisions of the Convention or its Protocols, the personal data which it transfers to another Party will not be used by the latter for the purposes referred to in paragraph 1 of Article 26 of the Protocol without its prior consent.
Period covered: 01/07/2009 -
Articles concerned : 26

Declaration contained in a Note verbale from the Minister of Foreign Affairs of Belgium deposited jointly with the instrument of ratification, on 9 March 2009 – Or. Fr.

Pursuant to paragraph 7 of Article 13 of the Protocol, the Government of the Kingdom of Belgium declares that it will grant the temporary transfer provided by this article only with the consent of the persons detained and to the extent that he/she is serving a definitive sentence on its territory, excluding anybody in pretrial detention.
Period covered: 01/07/2009 -
Articles concerned : 13

Reservation contained in a Note verbale from the Minister of Foreign Affairs of Belgium deposited jointly with the instrument of ratification, on 9 March 2009 – Or. Fr.

The Government of the Kingdom of Belgium will grant temporary transfer as provided for in Article 11 only if the person concerned is serving a sentence on its territory and if there are no special considerations opposed thereto.
Period covered: 01/07/2009 -
Articles concerned : 13

Declaration contained in a Note verbale from the Minister of Foreign Affairs of Belgium deposited jointly with the instrument of ratification, on 9 March 2009 – Or. Fr.

Pursuant to paragraph 4 of Article 11 of the Protocol, the Government of the Kingdom of Belgium declares that it reserves the right not to be bound by the conditions imposed by the providing Party under paragraph 2 of the said article, unless it receives prior notice of the nature of the information to be provided and agrees to its transmission.
Period covered: 01/07/2009 -
Articles concerned : 11


ETS No.173
Criminal Law Convention on Corruption

Declaration contained in a letter from the Permanent Representative of Belgium, dated 27 May 2004, registered at the Secretariat General on 28 May 2004 – Or. Fr.

According to Article 29, paragraph 1, of the Convention, the Government of the Kingdom of Belgium designates the "Service Public Fédéral Justice, Direction Générale de la Législation et des Libertés et Droits fondamentaux" as the central authority which shall be responsible for receiving the requests for mutual legal assistance and, either for executing or for transmitting them to the authorities competent for their execution. The address of this central authority is the following : 115 Boulevard de Waterloo, 1000 Bruxelles – Tel. 00.32.2.542.67.30 – Fax : 00.32.2.538.83.75 – Email : http://www.just.fgov.be
Period covered: 01/07/2004 -
Articles concerned : 29


ETS No.169
Protocol No. 2 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning interterritorial co-operation

Declaration contained in a Note Verbale from the Permanent Representation of Belgium, handed over to the Secretary General of the Council of Europe at the time of signature of the instrument, on 2 March 2004 – Or. French/Flemish - and confirmed by a letter from the Permanent Representation of Belgium dated 16 June 2009 - Or. Fr.

In accordance with Article 6, paragraph 1, of Protocol No. 2, the Kingdom of Belgium declares that it will apply the provisions of Article 4 and 5 of the Protocol.
Period covered: 13/09/2009 -
Articles concerned : 6


ETS No.167
Additional Protocol to the Convention on the Transfer of Sentenced Persons

Declaration contained in the instrument of ratification deposited on 26 May 2005 - Or. Fr.

The Government of Belgium declares that Belgium undertakes not to apply Article 3 of the Protocol when the sentenced person has its habitual residence in the Kingdom's territory at the time of his/her arrest.
Period covered: 01/09/2005 -
Articles concerned : 3


ETS No.165
Convention on the Recognition of Qualifications concerning Higher Education in the European Region

Declaration from the Minister of Foreign Affairs of Belgium, dated 3 July 2009, deposited with the instrument of ratification, on 22 July 2009 - Or. Fr.

In accordance with Articles II.2 and IX.2 of the Convention, the Kingdom of Belgium declares that the competent authorities are the following:

For the French Community of Belgium
Chantal KAUFMANN
Directrice générale f.f.
Direction générale de l'Enseignement non obligatoire et de la Recherche scientifique
Ministère de la Communauté française

Rue A. Lavallée 1
B-1080 Bruxelles
Tel.: 02.690.87.03/02
Fax: 02.690.87.60
email: chantal.kaufmann@cfwb.be

Kevin GUILLAUME
(contact person for the NARIC Centre)
Attaché
Direction générale de l'Enseignement non obligatoire et de la Recherche scientifique
Ministère de la Communauté française

Rue A. Lavallée 1
B-1080 Bruxelles
Tel.: 02.690.87.47
Fax: 02.690.87.60
email: kevin.guillaume@cfwb.be

For the Flemish Community of Belgium
NARIC- Vlaanderen
Hendrik Consciencegebouw
Toren A – 6de verdieping
Koning Albert II- laan 15
1210 Brussel
Tel.: 02.553.97.44
email: naric@vlaanderen.be
Period covered: 01/09/2009 -
Articles concerned : IX.2, II.2


ETS No.163
European Social Charter (revised)

Declarationfrom the Minister of Foreign and European Affairs of Belgium contained in an instrument registered at the Secretariat General on 10 June 2015 Or. Fr.

In accordance with Part III, Article A, paragraph 2, of the Charter, Belgium considers itself bound by the following articles of Part II:

Article 26 – The right to dignity at work (paragraph 2)
Article 27 – The right of workers with family responsibilities to equal opportunities and equal treatment (paragraph 1 and paragraph 2)
Article 28 – The right of workers' representatives to protection in the undertaking and facilities to be accorded to them.


Period covered: 01/08/2015 -
Articles concerned : A

Declaration contained in the instrument of ratification deposited on 2 March 2004 – Or.Fr.

In accordance with Part III, Article A, paragraph 2, of the Charter, Belgium considers itself bound by the following articles of Part II:

Article 1 – the right to work
Article 2 - the right to just conditions of work
Article 3 - the right to safe and healthy working conditions
Article 4 – the right to a faire remuneration
Article 5 – the right to organize
Article 6 – the right to bargain collectively
Article 7 – the right of children and young persons to protection
Article 8 – the right of employed women to protection of maternity
Article 9 – the right to vocational guidance
Article 10 - the right to vocational training
Article 11 – the right to protection of health
Article 12 – the right to social security
Article 13 – the right to social and medical assistance
Article 14 – the right to benefit from social welfare services
Article 15 – the right of persons with disabilities to independence, social integration and participation in the life of the community
Article 16 – The right of the family to social, legal and economic protection
Article 17 – The right of children and young persons to social, legal and economic protection
Article 18 – The right to engage in a gainful occupation in the territory of other Parties
Article 19 – The right of migrant workers and their families to protection and assistance (except paragraph 12)
Article 20 – The right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex
Article 21 – The right to information and consultation
Article 22 – The right to take part in the determination and improvement of the working conditions and working environment
Article 25 – The right of workers to the protection of their claims in the event of the insolvency of their employer
Article 26 – The right to dignity at work (except paragraph 2) *
Article 29 – The right to information and consultation in collective redundancy procedures
Article 30 – The right to protection against poverty and social exclusion.

* Note of the Secretariat: See also Declaration from 10 June 2015.


Period covered: 01/05/2004 -
Articles concerned : A


ETS No.159
Additional Protocol to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities

Declaration contained in the instrument of ratification deposited on 12 June 2009 - Or. Fr.

In accordance with Article 8, paragraph 1, of the Additional Protocol, the Kingdom of Belgium declares that it will apply the provisions of Articles 4 and 5 of the Protocol.
Period covered: 13/09/2009 -
Articles concerned : 8


ETS No.157
Framework Convention for the Protection of National Minorities

Reservation accompanying the signature of the instrument on 31 July 2001 - Or. Fr.

The Kingdom of Belgium declares that the Framework Convention applies without prejudice to the constitutional provisions, guarantees or principles, and without prejudice to the legislative rules which currently govern the use of languages. The Kingdom of Belgium declares that the notion of national minority will be defined by the inter-ministerial conference of foreign policy.
Articles concerned : -


ETS No.147
European Convention on Cinematographic Co-Production

Declaration contained in a letter from the Permanent Representative of Belgium, dated 1 December 2004, registered at the Secretariat General on 8 December 2004 - Or. Fr.

In accordance with Article 5 of the Convention, the Kingdom of Belgium declares that the following authorities are designated as the competent authorities, as mentioned in Article 5 :

For the Flemish Community
Vlaams Audiovisueel Fonds
Handelskaai 18/3
B-1000 Brussel

For the French Community
Cinematographic and Audiovisual Center of the French Community of Belgium
Boulevard Léopold II, 44
B-1080 Bruxelles

For the German-speaking Community
Government of the German-speaking Community
Klötzerbahn, 32
B-4700 Eupen
Period covered: 01/12/2004 -
Articles concerned : 5

Declaration contained in a letter from the Permanent Representation of Belgium, dated 27 July 2001 - Or. Fr.

Signature by Belgium of the European Convention on Cinematographic Co-Production on 19 February 1998 –
Failure to mention that this signature is binding not only for the Kingdom of Belgium but for its constituents as well.

On 19 February 1998, the Permanent Representative of Belgium signed the European Convention on Cinematographic Co-Production on behalf of the Government of Belgium. At the time of this signature, the field of cinematographic production in Belgium, according to the Constitution, was of a mixed competence, in other words, both the Federal Government and the constituents of the Kingdom (Communities and Regions) share competences in this area. Accordingly, the signature by the Permanent Representative ought to have been followed by the indication that QUOTE “This signature is also binding for the French Community, the Flemish Community, the German-speaking Community, the Walloon Region, the Flemish Region and the Region of Bruxelles-Capital”UNQUOTE.

Failure to mention the above has caused the Belgian Council of State to refuse giving a favourable opinion to the draft decree expressing the consent to be bound by the aforementioned Convention, as long as Belgium will not have specified to its partners in the Council of Europe that the signature by the Government representative of the Kingdom of Belgium is also binding upon the constituents (Communities and Regions) of the Kingdom.
Articles concerned : -


ETS No.141
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime

Declaration contained in a Note Verbale handed over to the Secretary General at the time of deposit of the instrument of ratification, on 28 January 1998 - Or. Fr.

Belgium declares that the central authority, designated in pursuance of Article 23, paragraph 1, of the Convention, is the Ministère de la Justice, Administration de la légalisation pénale et des droits de l''homme, Service des cas individuels en matière de coopération judiciaire internationale, 115 Bd de Waterloo, B-1000 BRUXELLES.
Period covered: 01/05/1998 -
Articles concerned : 23


ETS No.128
Additional Protocol to the European Social Charter

Declaration made at the time of deposit of the instrument of ratification on 23 June 2003 - Or. Fr.

In accordance with article 5, paragraphe 2, of the Additional Protocol, Belgium declares that it does not consider itself bound by Article 4.
Period covered: 22/07/2003 -
Articles concerned : 5


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Declaration transmitted by a letter from the Permanent Representation of Belgium to the OECD and UNESCO, dated 28 September 2017, registered at the Secretariat General of the OECD on 28 September 2017 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information.
Period covered: 28/09/2017 -
Articles concerned : 28

Declaration transmitted by a letter from the Permanent Representation of Belgium to the OECD and UNESCO, dated 28 September 2017, registered at the Secretariat General of the OECD on 28 September 2017 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on the Exchange of Country-by-Country reports.
Period covered: 28/09/2017 -
Articles concerned : 28

Reservation contained in a letter from the Permanent Representative, dated 7 February 1992, handed over at the time of signature on 7 February 1992 - Or. Fr. - and confirmed at the time of deposit of the instrument of ratification with the Secretary General of OECD, on 1 August 2000.

To Article 30, § 1.a, of the Convention

Belgium reserves the right not to provide any forms of assistance in relation to the taxes of other Parties in any of the categories listed in sub-paragraph b of paragraph 1 of Article 2:

ii. : Compulsory social security contributions payable to general government or to social security institutions established under public law;
iii. B : Taxes on immovable property;
iii. E : Taxes on the use or ownership of motor-vehicles;
iii. F : Taxes on the use or ownership of movable property other than motor-vehicles;
iii. G : Any other taxes;
iv. B : Taxes on immovable property;
iv. C : General consumption taxes, such as value-added or sales taxes;
iv. D : Specific taxes on goods and services such as excise duties;
iv. E : Taxes on the use or ownership of motor-vehicles;
iv. F : Taxes on the use or ownership of movable property other than motor-vehicles;
iv. G : Any other taxes.
Period covered: 01/12/2000 -
Articles concerned : 30

Reservation contained in a letter from the Permanent Representative, dated 7 February 1992, handed over at the time of signature on 7 February 1992 - Or. Fr. - and confirmed at the time of deposit of the instrument of ratification with the Secretary General of OECD, on 1 August 2000.

To Article 30, § 1.c, of the Convention

Belgium reserves the right not to provide assistance in respect of any tax claim:

- which is in existence at the date of entry into force of the Convention in respect of Belgium;
- which was the subject of a reservation by Belgium based on Article 30, § 1.a of the Convention and was already in existence at the date of withdrawal by Belgium of such a reservation.
Period covered: 01/12/2000 -
Articles concerned : 30

Declaration contained in a letter from the Permanent Representative, dated 7 February 1992, handed over at the time of signature on 7 February 1992 - Or. Fr. - and confirmed at the time of deposit of the instrument of ratification with the Secretary General of OECD, on 1 August 2000.

ANNEX B - Competent authorities

Minister for Finance or an authorised representative.
Period covered: 01/12/2000 -
Articles concerned : 3

Declaration contained in a letter from the Permanent Representative, dated 7 February 1992, handed over at the time of signature on 7 February 1992 - Or. Fr. - and confirmed at the time of deposit of the instrument of ratification with the Secretary General of OECD, on 1 August 2000.

ANNEX C - Definition of the word "national" for the purpose of the Convention

None.
Period covered: 01/12/2000 -
Articles concerned : 3

Declaration contained in a letter from the Permanent Representative, dated 7 February 1992, handed over at the time of signature on 7 February 1992 - Or. Fr. - and amended at the time of deposit of the instrument of ratification with the Secretary General of OECD, on 1 August 2000.

ANNEX A - Taxes to which the Convention would apply

I. Article 2, § 1.a.i:

Personal tax,
Corporation tax,
Tax on legal persons,
Tax on non-residents,
Withholding tax on income from movable assets (tax on capital incomes), income tax deducted at source
Special surcharge on tax on non-residents

II. Article 2, § 1.b.i:

Special surcharge on personal tax,
Withholding tax on income from immovable assets (property tax) and surcharge.

III. Article 2, § 1.b.iii:

Under category A:

Registration duties on gifts inter vivos.

Under category C:

Value added tax.

Under category D:

Excise duties,
Special excise duties,
Annual tax on insurance policies,
Annual tax on profit sharing.

IV. Article 2, § 1.b.iv:

Under category A:

Death duties and duties on transfers following death.
Period covered: 01/12/2000 -
Articles concerned : 2


ETS No.124
European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations

Declaration contained in a letter from the Permanent Representative dated 5 December 1996, registered at the Secretariat General on 6 December 1996 - Or. Fr. - and updated by a letter from the Permanent Representative of Belgium, dated 13 June 2008, registered at the Secretariat General on 17 June 2008 – Or. Fr.

In accordance with Article 3, paragraph 1, the competent authority is the Greffe du Tribunal du Commerce of the judiciary circonscription in which the organisation opens an office.
Period covered: 06/12/1996 -
Articles concerned : 3


ETS No.122
European Charter of Local Self-Government

Declaration contained in a Note verbale from the Permanent Representation of Belgium handed over to the Secretary General at the time of deposit of the instrument of ratification - Or. Fr.

In accordance with Article 13 of the Charter, the Kingdom of Belgium considers that it intends to confine the scope of the Charter to the provinces and municipalities. In accordance with the same Article, the provisions of the Charter do not apply to the "Centres publics d'Aide sociale" (CPAS) on the territory of the Brussels-Capital Region.
Period covered: 01/12/2004 -
Articles concerned : 13

Declaration contained in a Note verbale from the Permanent Representation of Belgium handed over to the Secretary General at the time of deposit of the instrument of ratification - Or. Fr.

In accordance with Article 12, paragraph 2, of the Charter, the Kingdom of Belgium declares that it considers itself bound by the following provisions of the Charter :

- Article 2;
- Article 3, paragraph 1;
- Article 4, paragraphs 1 to 6;
- Article 5;
- Article 6, paragraphs 1 and 2;
- Article 7, paragraphs 1 to 3;
- Article 8, paragraphs 1 and 3;
- Article 9, paragraphs 1, 3, 4, 5 and 8;
- Article 10, paragraphs 1 to 3,
- Article 11.
Period covered: 01/12/2004 -
Articles concerned : 12


ETS No.117
Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms

Declaration contained in a Note from the Minister of Foreign Affairs of Belgium, deposited by the Permanent Representative of Belgium at the time of signature of the instrument, on 11 May 2005 - Or. Fr., and withdrawn by a letter from the Minister of Foreign Affairs of Belgium, dated 14 March 2012, deposited with the instrument of ratification on 13 April 2012 - Or. Fr.

Belgium understands the words "resident" and "lawfully" mentioned in Article 1 of this Protocol in the sense that is given to them in paragraph 9 of its Explanatory Report.
Period covered: 11/05/2005 -
Articles concerned : 1


ETS No.116
European Convention on the Compensation of Victims of Violent Crimes

Declaration contained in a letter from the Permanent Representative of Belgium, dated 27 May 2004, registered at the Secretariat General on 28 May 2004 – Or. Fr.

According to Article 12 of the Convention, the Government of the Kingdom of Belgium designates as central authority the Secretariat of the "Commission pour l'aide aux victimes d'actes intentionnels de violence", Avenue de la Porte de Hal 5-8, 1060 Bruxelles – Tel. 00.32.2.542.72.24 – Fax : 00.32.2.542.72.40.

The Secretariat of the Commission is responsible for receiving and executing the requests for assistance; it will also be responsible for ensuring compliance with the provision of Article 13.
Period covered: 01/07/2004 -
Articles concerned : 12


ETS No.112
Convention on the Transfer of Sentenced Persons

Declaration made at the time of the deposit of the instrument of ratification on 6 August 1990 - Or. Fr. .

Belgium intends to exclude the application of the procedure provided in Article 9.1.b. in cases where Belgium is the administering State.
Period covered: 01/12/1990 -
Articles concerned : 9, 3

Declaration made at the time of the deposit of the instrument of ratification on 6 August 1990 - Or. Fr. .

Belgium requires that requests for transfer and supporting documents be accompanied by a translation into one of the official languages of the Council of Europe or into Dutch.
Period covered: 01/12/1990 -
Articles concerned : 17


ETS No.108
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Declaration contained in a letter from the Permanent Representative of Belgium, dated 30 June 1999, registered at the Secretariat General on 1 July 1999 - Or. Fr.

The Government of Belgium accepts the amendments proposed by the Consultative Committee to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data.
Articles concerned : 21

Declaration made at the time of deposit of the instrument of ratification, on 28 May 1993 - Or. fr.

In accordance with Article 3, paragraph 2 a of the Convention, Belgium will not apply the Convention to the processing of personal data managed by individuals which by its nature is intended for private, family or household use and retains this purpose.
Period covered: 01/09/1993 -
Articles concerned : 3

Declaration made at the time of deposit of the instrument of ratification, on 28 May 1993 - Or. fr.

In accordance with Article 3, paragraph 2 a of the Convention, Belgium will not apply the Convention to processing that applies exclusively to personal data made public by virtue of a statute or regulation.
Period covered: 01/09/1993 -
Articles concerned : 3

Declaration made at the time of deposit of the instrument of ratification, on 28 May 1993 - Or. fr.

In accordance with Article 3, paragraph 2 a of the Convention, Belgium will not apply the Convention to processing that applies exclusively to personal data, which the person to whom it relates makes public or has made public, provided the processing is in keeping with the purpose thereof.
Period covered: 01/09/1993 -
Articles concerned : 3

Declaration made at the time of deposit of the instrument of ratification, on 28 May 1993 - Or. fr.

In accordance with Article 3, paragraph 2 c of the Convention, Belgium will also apply this Convention to personal data files that are not processed automatically.
Period covered: 01/09/1993 -
Articles concerned : 3

Declaration made at the time of deposit of the instrument of ratification, on 28 May 1993 - Or. fr.

The designated authority for the purposes of Article 14 is the

Commission for the Protection of Privacy
Place Poelaert 3
1000 BRUXELLES
Period covered: 01/09/1993 -
Articles concerned : 14

Declaration made at the time of deposit of the instrument of ratification, on 28 May 1993 - Or. fr.

The designated authority for furnishing the information covered by Article 13, paragraph 3 a, is the

Ministry of Justice
Department of Civil and Criminal Affairs
Place Poelaert 3
1000 BRUXELLES
Period covered: 01/09/1993 -
Articles concerned : 13

Declaration made at the time of deposit of the instrument of ratification, on 28 May 1993 - Or. fr.

The competent authority for furnishing the information contained in Article 13, paragraph 3 b is the

Commission for the Protection of Privacy
Place Poelaert 3
1000 BRUXELLES
Period covered: 01/09/1993 -
Articles concerned : 13


ETS No.107
European Agreement on Transfer of Responsibility for Refugees

Reservation made at the time of signature, on 16 October 1980 - Or. Fr.

Under paragraph 1 of Article 14 of the Agreement, the Belgian State declares that insofar as it is concerned, transfer of responsibility under the provisions of paragraph 1 of Article 2 shall not occur for the reason that it has authorised the refugee to stay in its territory for a period exceeding the validity of the travel document solely for the purposes of studies or training.
Articles concerned : 2


ETS No.105
European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children

Declaration made at the time of deposit of the instrument of ratification, on 1 October 1985 - Or. Fr.

In accordance with the provisions of Article 2 of the Convention, the Belgian Government appoints as the Central Authority to carry out the functions provided by the Convention the Ministry of Justice, 4, Place Poelaert, B-1000 Brussels.
Period covered: 01/02/1986 -
Articles concerned : 2


ETS No.104
Convention on the Conservation of European Wildlife and Natural Habitats

Declaration made at the time of deposit of the instrument of ratification, on 24 August 1990 - Or. Fr.

The Kingdom of Belgium declares that the capture of birds for recreational purposes, in limited numbers and without hindering the survival of the species concerned, will continue in the Region of Wallonie and that it intends to apply Article 9 of the Convention to that effect, without prejudice to Community texts.

The species concerned are the following: Emberiza citrinella, Emberiza schoeniclus, Chloris chloris, Carduelis carduelis, Carduelis spinus, Carduelis flavirostris, Carduelis cannabina, Carduelis flammea, Loxia curvirostra, Coccothraustes coccothraustes.
Period covered: 01/12/1990 -
Articles concerned : 9


ETS No.100
European Convention on the Obtaining Abroad of Information and Evidence in Administrative Matters

Declaration made at the time of deposit of the instrument of ratification, on 8 July 1982 - Or. Fr.

The Belgian Government only allows the execution in Belgium of a letter of request by diplomatic or consular agents on condition that :

i. no measure of coercion is exercised, and
ii. the letter of request only concerns nationals of the sending State.
Period covered: 01/01/1983 -
Articles concerned : 22

Declaration made at the time of deposit of the instrument of ratification, on 8 July 1982 - Or. Fr.

The Belgian Government designates as central and forwarding authority the "Ministère des Affaires étrangères, du Commerce extérieur et de la Coopération au Développement, 2, rue Quatre Bras, 1000 Bruxelles - Ministerie van Buitenlandse Zaken, Buitenlandse Handel en Ontwikkelingssamenwerking, Quatre Brasstraat, 2, 1000 Brussel".
Period covered: 01/01/1983 -
Articles concerned : 2


ETS No.098
Second Additional Protocol to the European Convention on Extradition

Reservation contained in the instrument of ratification deposited on 18 November 1997 - Or. Fr. .

Belgium declares that it does not accept Chapter V of the Second Additional Protocol to the European Convention on Extradition.
Period covered: 16/02/1998 -
Articles concerned : 5


ETS No.094
European Convention on the Service Abroad of Documents relating to Administrative Matters

Declaration made at the time of deposit of the instrument of ratification, on 8 July 1982 - Or. Fr., updated by a Note verbale from the Permanent Representation of Belgium, dated 29 October 2018, registered at the Secretariat General on 31 October 2018 - Or. Fr.

The Belgian Government designates as central and forwarding authority the Service public fédéral Affaires étrangères 15 rue des Petits Champs, B-1000 Bruxellesl.
Period covered: 01/11/1982 -
Articles concerned : 2

Declaration made at the time of deposit of the instrument of ratification, on 8 July 1982 - Or. Fr.

The Belgian Government declares that it avails itself of the provision contained in Article 10, paragraph 2 of the Convention.
Period covered: 01/11/1982 -
Articles concerned : 10


ETS No.092
European Agreement on the Transmission of Applications for Legal Aid

Declaration made at the time of deposit of the instrument of ratification, on 10 May 1978 - Or. Fr.

In accordance with Article 8 of the European Agreement on the Transmission of Applications for Legal Aid, the Belgian Government has designated the Ministry of Justice, 4 place Poelaert, 1000 Bruxelles, as the Central Authority to forward and receive applications for legal aid.
Period covered: 11/06/1978 -
Articles concerned : 2


ETS No.090
European Convention on the Suppression of Terrorism

Reservation made at the time of deposit of the instrument of ratification, on 31 October 1985 - Or. Fr.

The Belgian Government referring to Article 13.1 of the Convention on the Suppression of Terrorism, declares as follows :

With the exception of offences committed upon the taking of hostages and other connected offences, Belgium reserves the right to refuse extradition in respect of any offence, mentioned in Article 1, which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives; in these cases, Belgium undertakes to take into due consideration, when evaluating the character of the offence, its particularly serious aspects, including :
a. that it created a collective danger to the life, physical integrity or liberty of persons; or,
b. that it affected persons foreign to the motives behind it; or
c. that cruel or vicious means have been used in the commission of the offence.
Period covered: 01/02/1986 -
Articles concerned : 1

Declaration contained in a letter from the Permanent Representative of Belgium, dated 31 October 1985, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 31 October 1985 – Or. Fr.

The Government of Belgium, like the Government of the Federal Republic of Germany, regards the reservation made by Portugal with regard to the European Convention on 27 January 1977 on the Suppression of Terrorism as incompatible with the meaning and purpose of the Convention. As the Government of the Federal Republic has stated, this reservation has no basis in the Convention which is not an extradition treaty. The object of the Convention is to prevent or restrict the requested State's invoking the political nature of an offence in order to oppose an extradition request. The matter of extradition is governed, as between Belgium and Portugal, by the Convention of 8 March 1875 and additional Conventions of 16 December 1881 and 9 August 1961.

The present declaration shall not be interpreted as preventing the entry into force of the European Convention between Belgium and Portugal.
Period covered: 01/02/1986 -
Articles concerned : -


ETS No.083
European Convention on the Social Protection of Farmers

Reservations contained in an Appendix to the instrument of ratification, deposited on 24 September 1976 - Or. Fr.

Belgium, availing itself of the possibility under Article 19, paragraph 1, of the European Convention on the Social Protection of Farmers,

- excludes from the field of application of this Convention one or several of the following categories of persons :

. self-employed persons occupied exclusively or mainly in agriculture, horticulture, forestry, viticulture or other similar work, but not deriving the major part of their income from these activities ;

. persons occupied exclusively in forestry ; and

- will not apply the provisions of Article 5, paragraph 3.
Period covered: 17/06/1977 -
Articles concerned : 5, 19


ETS No.082
European Convention on the Non-Applicability of Statutory Limitation to Crimes against Humanity and War Crimes

Declaration contained in a Note verbale handed over at the time of deposit of the instrument of ratification, on 26 March 2003 - Or. Fr.

The Government of the Kingdom of Belgium stipulates that Article 2 of the Convention is without prejudice to any rule of international law which is binding upon Belgium and to any Belgian law which contains or may contain provisions of a larger scope.
Period covered: 27/06/2003 -
Articles concerned : 2


ETS No.080
Agreement on the Transfer of Corpses

Declaration contained in a Note Verbale from the Permanent Representation of Belgium, dated 22 November 2005, registered at the Secretariat General, on 25 November 2005 Or. Fr.


The exact denomination for Belgium of the competent authority referred to in Article 3.1, in Article 5 and in Article 6.1 and 3 of the Agreement is from now:

Service Public Fédéral Santé publique, Sécurité de la Chaîne alimentaire et Environnement,
Direction ICM (Incident and Crisis Management)
Eurostation 2ème étage
Place Victor Horta 40 bte 10
1060 Bruxelles
Period covered: 25/11/2005 -
Articles concerned : 8

Declaration contained in a letter from the Permanent Representative of Belgium, dated 27 August 1982, registered at the Secretariat General on 30 August 1982 - Or. Fr.

I have the honour to inform you of the exact denomination for Belgium of the competent authority referred to in Article 3.1, in Article 5 and in Article 6.1 and 3 of the Agreement :

Ministère de la Santé Publique et de la Famille, Administration de l'Hygiène Publique, Inspections provinciales d'hygiène, Cité Administrative de l'Etat, B - 1050 BRUXELLES

Ministerie van Volksgezondheid en van het Gezin, Bestuur voor de volksgezondheid, Provinciale gezondheidsinspecties, Rijksadministratief Centrum, B - 1050 BRUSSEL.
Period covered: 30/08/1982 -
Articles concerned : 8


ETS No.078A
Supplementary Agreement for the Application of the European Convention on Social Security

Article 4, paragraph 5 : Provisions of arrangements remaining in force (Annex 5)

Belgium-Austria

Arrangement of 1 December 1977 for the application of the Convention on Social Security of 4 April 1977.

Belgium-Greece

Administrative Arrangement of 4 May 1970 on methods of application of the General Convention on social security between Belgium and Greece of 1 April 1958 amended by the Convention of 27 September 1967.

Belgium-Portugal

Administrative Arrangement of 14 September 1970 concerning the application of the General Convention on Social Security in the wording of the Administrative Arrangement of 23 September 1976.

Belgium-Switzerland

Administrative Arrangement of 24 July 1953 for the application of the Convention of 17 June 1952 on Social Insurance.

Belgium-Turkey

Administrative Arrangement of 6 January 1969 for the application of the General Convention on Social Security of 4 July 1966..

[Note by the Secretariat: Initial declaration contained in the official annexes adopted by the Committee of Ministers in 1972 - Last amendments via up-datings Austria, Greece and Portugal.]
Period covered: 22/04/1986 -
Articles concerned : 6, 46, 4

Article 4, paragraph 1 : Competent authorities (Annex 1)

Ministre de la Prévoyance sociale (Minister of Social Security), Brussels;
Ministre des Classes Moyennes (Minister for Middle Classes), Brussels.

[Note by the Secretariat : Last up-dating contained in a notification handed over by the Permanent Representative of Belgium at the time of deposit of the instrument of ratification on 21 January 1986 - Or. Fr.]
Period covered: 22/04/1986 -
Articles concerned : 4

Article 4, paragraph 4 : The Liaison Bodies (Annex 4)

A. Employed wage-earners

1. Sickness - maternity

a. as a general rule: Institut national d'assurance maladie-invalidité (National sickness and Invalidity Insurance Institution), Brussels;

b. for seamen: Caisse de secours et de prévoyance en faveur des marins (Welfare Fund for Seamen), Antwerp.

2. Invalidity

a. general invalidity: Institut national d'assurance maladie-invalidité (National Sickness and Invalidity Insurance Institution), Brussels.

b. special miners' invalidity: Fonds national de retraite des ouvriers-mineurs (National Retirement Fund for Mine Workers).

c. Seamen's invalidity: Caisse de secours et de prévoyance en faveur des marins (Welfare Fund for Seamen), Antwerp.

3. Old-age and death (pensions)

Office National des Pensions (National Pension Board), Brussels.

4. Occupational injuries and diseases

Ministry for Social Security.

5. Death grants

Institut national d'assurance maladie-invalidité (National Sickness and Invalidity Insurance Institution), Brussels.

6. Unemployment

Office national de l'emploi (National Employment Board).

7. Family allowances

Office national d'allocations familiales pour travailleurs salariés (National Office for Family Allowances for Wage earners), Brussels.

B. Self-employed persons

1. Sickness - invalidity

Institut national d'assurance maladie-invalidité (National Sickness and Invalidity Insurance Institution), Brussels.

2. Old-age - death pensions

a. Institut national d'assurances sociales pour travailleurs indépendants (National Social Insurance Institute for Self-employed Workers) (for investigation of claims).

b. Office national des pensions (National Pension Board), Brussels (for payment of benefit).

3. Family Allowances

Institut national d'assurances sociales pour travailleurs indépendants (National Social Insurance Institution for Self-employed Workers).

[Note by the Secretariat : Last up-dating contained in a letter from the Permanent Representation of Belgium, dated 19 October 1987 and registered at the Secretariat General on 20 October 1987 - Or. Fr.]
Period covered: 22/04/1986 -
Articles concerned : 4

Article 4, paragraph 2 : Competent Institutions (Annex 2)

1. Sickness - maternity

a. Application of Articles 16, 17, 19, 20, 21, 22, 24 and 25 of this Agreement:

i. as a general rule: the insurance institution to which the worker is affiliated;

ii. with regard to seamen: Caisse de secours et de prévoyance en faveur des marins (Welfare Fund for Seamen), Antwerp;

b. Application of Article 30 of this Agreement:

i. as a general rule: l'Institut national d'assurance maladie-invalidité (the national sickness and invalidity insurance institution), Brussels, together with the insurance body to which the worker is affiliated;

ii. with regard to seamen: Caisse de secours et de prévoyance en faveur des marins (Welfare Fund for Seamen), Antwerp.

2. Invalidity

a. With regard to general invalidity (wage-earners, salaried employees, self-employed persons and miners insofar as the latter are not entitled under the special scheme): Institut national d'assurance maladie-invalidité (National Sickness and Invalidity Insurance Institution), Brussels, together with the insuring bodies;

b. with regard to miners' special invalidity: Fonds national de retraite des ouvriers-mineurs (National Retirement Fund for Mine-Workers), Brussels;

c. with regard to seamen's invalidity: Caisse de secours et de prévoyance en faveur des marins (Welfare Fund for Seamen), Antwerp.

3. Old-age - death (pensions)

a. With regard to wage-earners: l'Office national des Pensions (National Pension Board), Brussels;

b. with regard to self-employed workers: Institut national d'assurances sociales pour travailleurs indépendants (National Social Insurance Institute for Self-Employed Workers), Brussels;

4. Occupational injury

a. With regard to claims for pension supplements: Fonds des accidents du travail (Occupational Injury Fund), Brussels;

b. in any other case:

i. as a general rule: the insurance body;

ii. in respect of seamen: Fonds des accidents du travail (Occupational Injury Fund), Brussels.

5. Occupational diseases

Fonds des maladies professionnelles (Occupational Diseases Fund), Brussels.

6. Death grants

a. Sickness and invalidity insurance

i. as a general rule: Institut national d'assurance maladie-invalidité (National Sickness and Invalidity Insurance Institution) Brussels, together with the insurance institution to which the worker was affiliated;

ii. in respect of seamen: Caisse de secours et de prévoyance en faveur des marins (Welfare Fund for Seamen), Antwerp;

b. Occupational injuries

i. as a general rule: the insurance body;

ii. in respect of seamen: Fonds des accidents du travail (Occupational Injury Fund);

c. Occupational diseases: Fonds des maladies professionnelles (Occupational Diseases Fund), Brussels.

7. Unemployment

i. as a general rule: Office national de l'emploi (National Employment Board), Brussels;

ii. in respect of seamen: Pool des marins de la marine marchande (Merchant Navy Seamen's Pool), Antwerp.

8. Family benefits

a. in respect of wage-earners: the body responsible for the provision of family allowances to wage-earners to which the employer is affiliated;

b. in respect of self-employed workers: Caisse libre d'assurances sociales pour travailleurs indépendants (Free Social Insurance Fund for Self-Employed Workers) or Caisse nationale auxiliaire d'assurances sociales pour travailleurs indépendants (Supplementary National Social Insurance Fund for Self-Employed Workers) to which the insured person is affiliated.

Article 4, paragraph 3 : Institutions of the place of residence and institutions of the place of temporary residence (Annex 3)

I. In respect of the institutions of the place of residence

1. Sickness - maternity

a. For the application of Articles 17, 19, 22, 25, 27 and 28 of this agreement: the insuring bodies;

b. Application of Article 29 of this agreement:

i. as a general rule: the insuring bodies;

ii. for seamen: Caisse de secours et de prévoyance en faveur des marins (Welfare Fund for Seamen), Antwerp, or the insuring bodies.

2. Invalidity

a. General invalidity (wage-earners, salaried employees, self-employed workers and miners in so far as the latter have no rights under the special scheme): Institut national d'assurances maladie-invalidité (National Sickness and Invalidity Insurance Institution), Brussels, together with the insuring bodies.

b. Special mine-workers' invalidity: Fonds national de retraite des ouvriers-mineurs (National Pension Fund for Mine-workers), Brussels.

c. Seamen's invalidity: Caisse de secours et de prévoyance en faveur des marins (Welfare Fund for Seamen), Antwerp.

3. Old age - death (pensions)

a. Wage-earners: Office national des pensions (National Pension Board), Brussels;

b. Self-employed workers: Institut national d'assurances sociales pour travailleurs indépendants (National Social Insurance Institute for Self-employed Workers), Brussels.

4. Occupational injuries: the insuring bodies.

5. Occupational diseases: Fonds des maladies professionnelles (Occupational Diseases Fund), Brussels.

6. Unemployment

a. as a general rule: Office national de l'emploi (National Employment Board), Brussels.

b. for seamen: Pool des marins de la marine marchande (Merchant Navy Seamen's Pool), Antwerp.

7. Family benefits

a. wage-earners: Office national d'allocations familiales pour travailleurs salariés (National Office for Family Allowances for Wage-earners), Brussels;

b. self-employed workers: Institut national d'assurances sociales pour travailleurs indépendants (National Social Insurance Institute for self-employed workers), Brussels.

8. Death grants

The insuring bodies together with Institut national d'assurance maladie-invalidité (National Sickness and Invalidity Insurance Institution).

II. For the institutions of the place of temporary residence

1. Sickness - maternity

Institut national d'assurance maladie-invalidité (National Sickness and Invalidity Insurance Institution), Brussels, through the insuring bodies.

2. Occupational injuries

Institut national d'assurance maladie-invalidité (National Sickness and Invalidity Insurance Institution), Brussels, through the insuring bodies.

3. Occupational diseases

Fonds des maladies professionnelles (Occupational Diseases Fund), Brussels.

Article 4, paragraph 7 : Institutions designated by the Competent Authorities of the Contracting Parties (Annex 7)

1. For the application of Article 15, paragraph 1, sub-paragraph a i and ii, of the Convention and Article 12 and Article 14, paragraph 1, of this Agreement:
Office national de sécurité sociale (National Social Security Office), Brussels.

2. For the application of Article 15, paragraph 2, sub-paragraph a, of the Convention and Article 12 of this Agreement:
Caisse de secours et de prévoyance en faveur des marins (Welfare Fund for Seamen), Antwerp.

3. For the application of Article 22, paragraph 1, and Article 87, paragraph 2, of this Agreement:
Institut national d'assurance maladie-invalidité (National Sickness and Invalidity Insurance Institution), Brussels.

4. For the application of Article 72, paragraph 2, Article 73, paragraph 2, Article 76, Article 77, Article 78, paragraph 2, and Article 83, paragraph 1, of this Agreement:
a. as a general rule: Office national de l'emploi (National Employment Office), Brussels.

b. for seamen: Pool des marins de la marine marchande (Merchant Navy Seamen's Pool), Antwerp.

5. For the application of Article 84 of this Agreement:
a. Special mine-workers' invalidity: Fond national de retraite des ouvriers mineurs (National Pension Fund for Mine-workers), Brussels.
b. Old age - death (pensions): Office national des pensions (National Pensions Bureau), Brussels.

[Note by the Secretariat : Last up-dating contained in a letter from the Permanent Representative of Belgium dated 13 September 1993, registered at the Secretariat General on 14 September 1993 - Or. Fr.]
Period covered: 22/04/1986 -
Articles concerned : 4


ETS No.078
European Convention on Social Security

Annex VII: Particular measures for the application of the legislation of the Contracting Parties

1. For the application of Article 29 of the Convention, the periods of old-age insurance completed under Belgian legislation prior to 1 January 1945 shall likewise be considered to be periods of insurance completed under the Belgian legislation relating to the general invalidity scheme and to the scheme for seamen.

2. For the application of Article 29 of the Convention, the periods of old-age insurance completed by non-employed persons prior to the entry into force of the legislation on incapacity for work of self-employed persons shall be considered to be periods completed under the latter legislation.

3. In order to determine whether the preconditions to which the Belgian legislation makes the right to unemployment benefits subject are fulfilled, only days of gainful occupation shall be taken into consideration; nevertheless, assimilated days within the meaning of that legislation shall be taken into consideration where the days preceding them were days of gainful occupation.

[Note by the Secretariat : Last up-dating contained in a letter from the Permanent Representation of Belgium to the Council of Europe, dated 4 April 1986, registered at the Secretariat General on 15 April 1986 - Or. Fr.]
Period covered: 22/04/1986 -
Articles concerned : 72

Annex VI: Benefits to which the provisions of paragraph 1 or paragraph 2 of Article 11 are not applicable

Article 11, paragraph 3, sub-paragraph c:

- those retirement and survivors'' pensions under the wage earners'' and salaried employees'' schemes granted on the basis of legal provisions in force before 1 January 1962, for that part of the pension which corresponds to the years before 1945 where these years are not effective periods of insurance.

[Note by the Secretariat : Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]
Period covered: 22/04/1986 -
Articles concerned : 11

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

Belgium-Portugal
General Convention on social security and appended Protocol of 14 September 1970.

[Note by the Secretariat : Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1977 - Last amendment via the up-dating Portugal.]
Period covered: 22/04/1986 -
Articles concerned : 9

Declaration made at the time of signature on 26 November 1976  Or. Fr.

The Belgian Government declares that for the purposes of Article 56 of the European Convention on Social Security, it should refer, taking into account the provisions of Article 6, paragraph 2 of the Convention, to Regulation 1408/71 of the Council of the European Communities, of 14 June 1971, relating to the application of social security schemes to employed persons and their families who move around within the Communities.
Articles concerned : 6, 56

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Belgium-Austria
Convention on social security of 4 April 1977.

Belgium-Greece
General Convention on Social Security of 1 April 1958.
Convention of 27 September 1967 amending the General Convention on social security between Belgium and Greece of 1 April 1958.

Belgium-Portugal
General Convention on social security and appended Protocol of 14 September 1970.

Belgium-Switzerland
Convention on social insurance and Final Protocol of 24 September 1975.

Belgium-Turkey
General Convention on social security of 4 July 1966.

[Note by the Secretariat : Declarations contained in the text of the official annexes adopted by the Committee of Ministers in 1972 and 1977 - Last amendment via the up-dating Portugal.]
Period covered: 22/04/1986 -
Articles concerned : 6

Annex II: Legislation and schemes to which this Convention is applicable

Legislation concerning:

a. sickness and invalidity insurance (sickness, maternity, invalidity and death):

i. schemes for employed persons (wage-earners, salaried employees, miners, public sector staff);
ii. schemes for seamen in the merchant marine;
iii. schemes for self-employed persons;

b. retirement pensions and survivors'' pensions:

i. schemes for employed persons (wage earners, salaried employees, miners, seamen in the merchant marine);
ii. scheme for self-employed persons;

c. compensation for damage resulting from occupational injuries:

i. scheme for employed persons in general;
ii. scheme for seafarers;

d. compensation for damage resulting from occupational diseases;
e. organisation of aid for involuntarily unemployed persons;
f. family allowances for employed persons and family benefits for self-employed persons, except birth grants provided for under this legislation.

[Note by the Secretariat : Last up-dating transmitted by the Permanent Representative of Belgium at the time of deposit of the instrument of ratification on 21 January 1986 - Or. Fr.]
Period covered: 22/04/1986 -
Articles concerned : 3

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of Belgium.
Nationals: persons of Belgian nationality.

[Note by the Secretariat : Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]
Period covered: 22/04/1986 -
Articles concerned : 1


ETS No.077
Convention on the Establishment of a Scheme of Registration of Wills

Declaration contained in a letter from the Permanent Representative of Belgium, dated 2 March 1977 - Or. Fr.

With reference to the deposit of the instrument of ratification of the Convention on the Establishment of a Scheme of Registration of Wills, I have the honour to notify herewith, in conformity with Article 3.2, the appointment by the Belgian Government of the National Body:

- FEDERATION ROYALE DES NOTAIRES DE BELGIQUE - CRT rue de la Montagne, 34 - Boîte postale 11, 1000 Bruxelles (name in French language)

- KONINGLIKJKE FEDERATIE VAN BELGISCHE NOTARISSEN - CRT Bergstraat 34 - Bus 11, 1000 Brussel (name in Dutch language).
Period covered: 09/05/1977 -
Articles concerned : 3


ETS No.074
European Convention on State Immunity

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 4 September 2003, transmitted by the Permanent Representative of Belgium and registered at the Secretariat General on 23 September 2003 – Or. Fr./Ger./Net.

In accordance with Article 28, paragraph 2, of the Convention, the Kingdom of Belgium declares that the French Community, the Flemish Community and the German-speaking Community as well as the Walloon Region, the Flemish Region and the Brussels-Capital Region may invoke the provisions of the European Convention on State Immunity applicable to Contracting States, and have the same obligations.
Period covered: 23/09/2003 -
Articles concerned : 28

Declaration contained in the instrument of ratification, on 27 October 1975 - Or. Fr.

With reference to Article 24, the Belgian Government declares that, in cases not falling within Articles 1 to 13, its courts shall be entitled to entertain proceedings against another Contracting State to the extent that its courts are entitled to entertain proceedings against States not Party to the present Convention. Such a declaration shall be without prejudice to the immunity from jurisdiction which foreign States enjoy in respect of acts performed in the exercise of sovereign authority (acta jure imperii).
Period covered: 11/06/1976 -
Articles concerned : 24

Declaration contained in the instrument of ratification, on 27 October 1975 - Or. Fr.

In accordance with Article 21, the Belgian Government designates the "Tribunal de première instance" for determining the question whether the Belgian State should give effect to a foreign judgement.
Period covered: 11/06/1976 -
Articles concerned : 21


ETS No.070
European Convention on the International Validity of Criminal Judgments

Declaration contained in the instrument of ratification deposited on 30 June 2010 - Or. Fr.

Conformément à l'article 19, paragraphe 2, de la Convention, la Belgique se réserve le droit d'exiger que les demandes et pièces annexes soient accompagnées d'une traduction en français, néerlandais, allemand ou anglais.
Period covered: 01/10/2010 -
Articles concerned : 19

Reservation contained in the instrument of ratification deposited on 30 June 2010 - Or. Fr.

Belgium reserves the right to refuse the enforcement of sanctions rendered in absentia and ordonnances pénales (Appendix I, d).
Period covered: 01/10/2010 -
Articles concerned : -


ETS No.065
European Convention for the Protection of Animals during International Transport

Declaration made at the time of deposit of the instrument of ratification, on 21 November 1973 - Or. Fr.

The European Convention for the Protection of Animals during International Transport will enter into force in respect of Belgium on 1 July 1974.
Period covered: 01/07/1974 -
Articles concerned : 48


ETS No.062
European Convention on Information on Foreign Law

Declaration contained in a Note Verbale from the Permanent Representation of Belgium, dated 22 July 2020, registered at the Secretariat General on 23 July 2020 – Or. Fr.

The Permanent Representation of Belgium declares that, concerning the European Convention on Information on Foreign Law, the name and adresse of the Receiving and Transmitting Agency regarding Belgium is

Le Service public fédéral Justice
Boulevard de Waterloo 115
1000 BRUSSELS
Belgium.
Period covered: 23/07/2020 -
Articles concerned : 2

Declaration contained in a Note Verbale from the Permanent Representation of Belgium, dated 9 September 1998, registered at the Secretariat General on 11 September 1998 – Or. Fr.

The Permanent Representation of Belgium declares that, concerning the European Convention on Information on Foreign Law – Liaison Bodies -, the name and adresse regarding Belgium are, since 1 September 1997:

1) Receiving Agency :
MINISTÈRE DE LA JUSTICE (MINISTERIE VAN JUSTITIE)
Administration de la Législation (Bestuur der Wetgeving)
Boulevard de Waterloo, 115 (Waterloolaan, 115)
B-1000 BRUXELLES (B-1000 BRUSSEL)

2) Transmitting Agency :
MINISTÈRE DES AFFAIRES ÉTRANGÈRES,
DU COMMERCE EXTÉRIEUR ET DE LA
COOPÉRATION AU DÉVELOPPEMENT
Bibliothèque Juridique
Rue des petits Carmes, 15
B-1000 BRUXELLES

(MINISTERIE VAN BUITEN-LANDSE ZAKEN,
BUITENLANDSE HANDEL EN ONTWIKKELINGS-SAMENWERKING,
Juridische Bibliotheek
Karmelietenstraat, 15
B-1000 BRUSSEL.)

Period covered: 01/09/1998 -
Articles concerned : 2


ETS No.056
European Convention providing a Uniform Law on Arbitration

Reservation made at the time of deposit of the instrument of ratification, on 22 February 1973 - Or. Fr.

In accordance with paragraph 1 of Article 8 of the Convention, Belgium reserves the rights provided for in letters (b), (g) and (n) of Annex II.
Articles concerned : 8

Reservation made at the time of deposit of the instrument of ratification, on 22 February 1973 - Or. Fr.

It is not her intention to avail herself of the options for which provision is made in Article 6 of the Convention, and in Annex III.
Articles concerned : 6

Declaration made at the time of deposit of the instrument of ratification, on 22 February 1973 - Or. Fr.

With regard to the choice as provided for in paragraph 1 of Article 5 of the Convention, the first of the solutions envisaged is adopted in paragraph 1 of Article 1707 of the Judicial Code, which corresponds to paragraph 1 of Article 28 of the uniform law, and the moment at which the parties are notified of the award is taken as marking the start of the period within which an application for the award to be set aside may be made.

With regard to the choice as provided for in paragraph 2 of Article 5 of the Convention, the second of the solutions envisaged is adopted in paragraph 1 of Article 1712 and paragraph 2 of Article 1713 of the Judicial Code, which correspond to paragraph 1 of Article 30, and paragraph 3 of Article 30, respectively, of the uniform law, service of the award being taken into consideration.
Articles concerned : 5, 30, 28


ETS No.051
European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders

Reservation made at the time of the deposit of instrument of ratification on 21 September 1970 - Or. Fr.

By reason of the special system in force between the Benelux countries, the Government of the Kingdom of Belgium does not accept the provisions of paragraph 2 of Article 37.
Period covered: 22/08/1975 -
Articles concerned : 37

Reservation made at the time of the deposit of instrument of ratification on 21 September 1970 - Or. Fr.

The Government of the Kingdom of Belgium declares that complete application shall be refused if the person to whom the decision relates has been finally sentenced for the same offence by the competent authorities of a third State and if, having been sentenced, he is serving, has already served or has been dispensed from serving sentence.
Period covered: 22/08/1975 -
Articles concerned : 25, 24, 23, 22

Declaration made at the time of the deposit of instrument of ratification on 21 September 1970 - Or. Fr.

The Government of the Kingdom of Belgium declares that the provisions of Part II and of Part IV shall not be applied to sentences pronounced in absentia.
Period covered: 22/08/1975 -
Articles concerned : 25, 24, 23, 22, 15, 14, 13, 12, 11, 10

Reservation made at the time of the deposit of instrument of ratification on 21 September 1970 - Or. Fr.

The Government of the Kingdom of Belgium does not accept the provisions of Part III.
Period covered: 22/08/1975 -
Articles concerned : 21, 20, 19, 18, 17, 16


ETS No.049
Protocol to the European Convention on the Equivalence of Diplomas leading to Admission to Universities

Reservation made at the time of deposit of the instrument of ratification, on 5 June 1972 - Or. Fr.

When depositing the instrument of ratification, the Permanent Representative declared on behalf of his Government that these Conventions and this Protocol [Note by the Secretariat: ETS Nos 21, 32 and 49] are ratified subject to the effective application of reciprocity by each of the member States in respect of Belgian diplomas, certificates and periods of study.
Period covered: 06/07/1972 -
Articles concerned : -


ETS No.048
European Code of Social Security

Declaration made at the time of deposit of the instrument of ratification, on 13 August 1969 - Or. Fr.

The ratification by Belgium of the European Code of Social Security and Protocol thereto must be interpreted to mean that Belgium accepts all the obligations entailed by the Code, especially those of Parts II to X, and that it is not availing itself of the provisions of paragraph 2 of Article 2 as modified by the Protocol.
Period covered: 14/08/1970 -
Articles concerned : 3, 2


ETS No.043
Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality

Declaration contained in a Note verbale from the Permanent Representation of Belgium, dated 27 April 2007, registered at the Secretariat General on 30 April 2007 - Or. Fr.

In accordance with the Agreement on the interpretation of Article 12, paragraph 2, of the Convention, accepted by the Parties to the Convention and signed by the Secretary General on 2 April 2007, the Kingdom of Belgium denounces Chapter I of the Convention.
Period covered: 28/04/2008 -
Articles concerned : 12


ETS No.037
European Agreement on Travel by Young Persons on Collective Passports between the Member Countries of the Council of Europe

Declaration contained in a letter from the Permanent Representative of Belgium, dated 11 January 1962, registered at the Secretariat General on 12 January 1962 - Or. Fr.

The provisions of this Agreement shall be extended to young refugees and young stateless persons in accordance with the provisions of Article 13.
Period covered: 17/01/1962 -
Articles concerned : 13

Declaration made at the time of signature without reservation as to ratification, on 16 December 1961 - Or. Fr.

The Belgian Government, subject to reciprocity, will not demand a copy of the collective travel document.
Period covered: 17/01/1962 -
Articles concerned : 11


ETS No.035
European Social Charter

Declaration made at the time of deposit of the instrument of ratification on 16 October 1990 - Or. Fr. .

The Permanent Representative declared that his Government accepts in their entirety the undertakings arising out of the Charter.
Period covered: 15/11/1990 -
Articles concerned : 20


ETS No.034
European Agreement on the Protection of Television Broadcasts

Reservation contained in a letter from the Ministry of Foreign Affairs of Belgium, dated 17 April 1968, registered at the Secretariat General on 19 April 1968 - Or. Fr.

The Belgian Government withhold the protection against the diffusion of television broadcasts to the public by wire, provided for in Article 1, paragraph 1.b of the Agreement, in respect of broadcasting organisations constituted in or transmitting from Belgian territory.

The exercise of the above-mentioned protection is restricted, in respect of the broadcasts of any broadcasting organisations constituted or transmitting outside Belgian territory, to 50 per cent of the average weekly duration of the transmissions of such organisations.
Period covered: 08/03/1968 -
Articles concerned : 3

Reservation contained in a letter from the Ministry of Foreign Affairs of Belgium, dated 17 April 1968, registered at the Secretariat General on 19 April 1968 - Or. Fr.

The protection against the communication of television broadcasts to the public by means of any instrument for the transmission of signs, sounds or images, provided for in Article 1, paragraph 1.c of the Agreement, is restricted to cases where such communication is in places accessible to the public on payment of an entry charge.
Period covered: 08/03/1968 -
Articles concerned : 3

Reservation contained in a letter from the Ministry of Foreign Affairs of Belgium, dated 17 April 1968, registered at the Secretariat General on 19 April 1968 - Or. Fr.

The Belgian Government withhold the protection against any fixation of television broadcasts or still photograph thereof and any reproduction of such fixation, provided for in Article 1, paragraph 1.d of the Agreement, where the fixation or reproduction of the fixation is made for private use, or solely for educational purposes.
Period covered: 08/03/1968 -
Articles concerned : 3

Declaration contained in a letter from the Ministry of Foreign Affairs of Belgium, dated 17 April 1968, registered at the Secretariat General on 19 April 1968 - Or. Fr.

The Belgian Government, in respect of Belgian territory, intend to make an exception to the protection of television broadcasts for the purpose of reporting current events, in respect of the re-broadcasting, fixation or reproduction of the fixation, wire diffusion or public performance of short extracts from a broadcast which itself constitutes the whole or part of the event in question.
Period covered: 08/03/1968 -
Articles concerned : 3


ETS No.032
European Convention on the Academic Recognition of University Qualifications

Reservation made at the time of deposit of the instrument of ratification, on 5 June 1972 - Or. Fr.

When depositing the instrument of ratification, the Permanent Representative declared on behalf of his Government that these Conventions and this Protocol [Note by the Secretariat: ETS Nos 21, 32 and 49] are ratified subject to the effective application of reciprocity by each of the member States in respect of Belgian diplomas, certificates and periods of study.
Period covered: 06/07/1972 -
Articles concerned : -


ETS No.030
European Convention on Mutual Assistance in Criminal Matters

Communication contained in a joint letter from the Ministers of Justice of Belgium and of the Netherlands, dated 5 February 2010, registered at the Secretariat General on 10 February 2010 – Or. Fr., supplemented by a joint letter from the Permanent Representatives of Belgium and of the Netherlands, dated 16 February 2010, registered at the Secretariat General on 18 February 2010 - Or. Fr.

On 1 February 2010, a Convention between the Kingdom of the Netherlands and the Kingdom of Belgium came into effect under which the Netherlands made available to Belgium a prison located on Dutch territory (Tilburg) for the execution of criminal sentences imposed in Belgium under Belgian law(*). The Convention applies in principle until 31 December 2012, but the validity period may be reduced to 31 December 2011, or extended until 31 December 2013.

The Convention contains a specific provision for criminal co-operation with third States. Article 18 of the Convention deals with criminal action at the request of third States concerning Belgian prisoners detained in the prison located on Dutch territory. According to the first paragraph of this provision, the Netherlands will not examine requests for extradition and/or mutual assistance from third States, but they will transmit them to Belgium. This agreement logically follows on from other provisions of the Convention, according to which the judicial and other authorities of the Netherlands do not normally deal with prisoners of the prison of Tilburg.

In this context, Belgium and the Netherlands communicate the following:

Requests for extradition and provisional arrest
We recommend that States Parties to the European Convention on Extradition send exclusively to the Belgian authorities requests for extradition and provisional arrest of persons detained in the prison of Tilburg under the Convention concluded on 31 October 2009 in Tilburg between the Kingdom of the Netherlands and the Kingdom of Belgium, on the provision of a prison in the Netherlands for the enforcement of prison sentences imposed under Belgian law. If the Dutch authorities still receive requests for extradition or for provisional arrest of these persons, they will not deal with them but will transmit them to the Belgian authorities for further action.

Alerts via Interpol for the surrender and the requests for provisional arrest of persons who are in the prison in Tilburg will not be carried out in the Netherlands.

Requests for mutual assistance
We recommend that central and judicial authorities of the States Parties to the Convention on Mutual Assistance in Criminal Matters send exclusively to the competent Belgian authorities requests for mutual assistance concerning persons detained in the prison of Tilburg under the Convention concluded on 31 October 2009 in Tilburg between the Kingdom of the Netherlands and the Kingdom of Belgium, on the provision of a prison in the Netherlands for the enforcement of prison sentences imposed under Belgian law. If, nevertheless, requests for mutual assistance concerning these persons are sent to the Netherlands, they will be forwarded to the competent authorities of the Kingdom of Belgium.

[(*) Note by the Secretariat: The text of this Convention is available upon request to the Treaty Office (French and Dutch only).]
Period covered: 18/02/2010 -
Articles concerned : 15

Reservation made at the time of deposit of the instrument of ratification on 13 August 1975 - Or. Fr.

The Government of the Kingdom of Belgium declares that letters rogatory for search or seizure within Belgium will not be executed save for extraditable offences within the meaning of the European Convention on Extradition, and provided that the Belgian court has authorised execution in accordance with its municipal law.
Period covered: 11/11/1975 -
Articles concerned : 5

Reservation made at the time of deposit of the instrument of ratification on 13 August 1975 - Or. Fr.

By reason of the special arrangements between the Benelux countries, the Government of the Kingdom of Belgium does not accept Article 26, paragraphs 1 and 3 in respect of its relations with the Netherlands and Luxembourg.
Period covered: 11/11/1975 -
Articles concerned : 26

Reservation made at the time of deposit of the instrument of ratification on 13 August 1975 - Or. Fr.

The Government of the Kingdom of Belgium reserves the right to derogate from these provisions in respect of its relations with other member States of the European Economic Community.
Period covered: 11/11/1975 -
Articles concerned : 26

Declaration made at the time of deposit of the instrument of ratification on 13 August 1975 - Or. Fr.

The Government of the Kingdom of Belgium declares that, as regards Belgium, judicial authorities for the purposes of the Convention are to be understood as meaning members of the judiciary responsible for administering the law, examining magistrates and members of the Department of Public Prosecution.
Period covered: 11/11/1975 -
Articles concerned : 24

Reservation made at the time of deposit of the instrument of ratification on 13 August 1975 - Or. Fr.

The Government of the Kingdom of Belgium will not notify the subsequent measures referred to in Article 22 except in so far as the organisation of its judicial records allows of so doing.
Period covered: 11/11/1975 -
Articles concerned : 22

Reservation made at the time of deposit of the instrument of ratification on 13 August 1975 - Or. Fr.

The Government of the Kingdom of Belgium reserves the right not to comply with a request for assistance

a. if there are good grounds for believing that it concerns an inquiry instituted with a view to prosecuting, punishing or otherwise interfering with an accused person because of his political convictions or religion, his nationality, his race or the population group to which he belongs;

b. is so far as it concerns a prosecution or proceedings incompatible with the principle non bis in idem;

c. in so far as it concerns an inquiry into acts for which the accused person is being prosecuted in Belgium.
Period covered: 11/11/1975 -
Articles concerned : 2

Reservation made at the time of deposit of the instrument of ratification on 13 August 1975 - Or. Fr.

The Government of the Kingdom of Belgium will not grant temporary transit as provided for in Article 11, save where the person concerned is serving a sentence in its territory and where there are no special considerations opposed thereto.

[Note by the Secretariat: See also the reservation made by Belgium to Article 3 of the Second Additional Protocol to the Convention (ETS No. 182), on 9 March 2009.]
Period covered: 11/11/1975 -
Articles concerned : 11


ETS No.025
European Agreement on Regulations governing the Movement of Persons between Member States of the Council of Europe

Objection contained in a Note verbale from the Permanent Representation of Belgium, dated 20 August 2014, registered at the Secretariat General on 20 August 2014 - Or. Engl.

In reply to the French notification JJ7792C Tr./025-61 dated 20 June 2014, the government of the Kingdom of Belgium cannot agree with the proposed update of the list of documents contained in the Appendix to the Agreement, pursuant to Article 1 (1) of the Agreement, in its present form. The Kingdom of Belgium is concerned that the proposed formulation might be misunderstood.

While Decree No. 2013-1188 quite clearly only extends the validity of documents in circulation on 1 January 2014 with an additional 5 years, without mention on the document itself, the proposed text might be misunderstood to mean that all French identity cards would remain valid for an additional five years after the date of expiry as it is not unambiguously clear that the words “these cards” only refer to cards issued between 2 January 2004 and 31 December 2013.

In addition, the Belgian authorities would be grateful if the French authorities could clarify whether the national identity cards delivered to minors remain valid for the full 10 years even when the age of majority is reached earlier, or whether this hypothesis cannot occur in reality.

Furthermore, the Belgian authorities are grateful to the Secretariat General to suspend the term of tacit approval of this amendment until these questions have been resolved.
Period covered: 20/08/2014 -
Articles concerned : 11

Declaration contained in a Note Verbale from the Permanent Representation of Belgium, dated 16 July 2004, registered at the Secretariat General on 28 July 2004 - Or. Fr.

The Kingdom of Belgium and Ukraine are Contracting Parties to the European Agreement on Regulations governing the Movement of Persons between Member States of the Council of Europe of December 13th, 1957. The Kingdom of Belgium has however decided to suspend temporarily the entry into force of the Agreement with regard to Ukraine, with immediate effect, on the basis of Article 7 of the Agreement, if Ukraine ratifies this Agreement.

This step is deemed to be necessary on grounds relating to ordre public. Application of this Agreement with regard to Ukraine is incompatible with Council Regulation (EC) No. 539/2001 of March 15th, 2001, the Annex I of which stipulates that Ukraine is one of those States whose nationals are bound by the obligation of visa when crossing the Member States external borders.
Period covered: 28/07/2004 -
Articles concerned : 7

Partial withdrawal of an objection contained in a letter from the Chargé d'affaires a.i. of Belgium, dated 6 September 2002, registered at the Secretariat General on 11 September 2002 - Or. Fr.

The Belgian authorities withdraw their objection to the inclusion, in the scope of application of the Agreement, of the valid Slovene emergency passport under the condition that its use is limited to returning in Slovenia.
Period covered: 11/09/2002 -
Articles concerned : 11

Objection contained in a letter from the Permanent Representative of Belgium, dated 20 March 2002, registered at the Secretariat General on 26 March 2002 - Or. Fr.

Pursuant to Article 11 of the Agreement and within the two months delay provided by this provision, the Belgian authorities approve the inclusion, in the scope of application of this treaty, of the following Slovene travel documents :

- valid ordinary passport,
- valid diplomatic passport,
- valid service passport,
- valid group passport.

On the other hand, the Belgian authorities can not accept that the valid identity card and the valid emergency passport be covered by this Agreement. Nevertheless, the later document could be accepted in order to leave the territory of the Benelux countries with a view to returning in Slovenia.

Accordingly, Belgium objects to the list mentioned in the Slovene declaration insofar as it concerns the valid identity card and valid emergency passeport(*).

(*) Note by the Secretariat : The objection concerning the valid emergency passport has been withdrawn under condition. See the declaration from Belgium, dated 6 September 2002, registered at the Secretariat General on 11 September 2002 - Or. Fr.]
Period covered: 26/03/2002 -
Articles concerned : 11

Declaration contained in a Note Verbale of the Permanent Representation, dated 24 October 1980, registered at the Secretariat General on the same day - Or. Fr.

The Kingdom of Belgium and Turkey are Parties to the European Agreement of 13 December 1957 on Regulations governing the Movement of Persons between Member States of the Council of Europe.

In accordance with the provisions of Article 7, paragraph 1, of the European Agreement, the Belgian Government is obliged to suspend with regard to Turkey the provisions of Article 1, paragraphs 1 and 2, of the Agreement. Consequently, the Belgian Government has decided to introduce an obligation for Turkish nationals to obtain a visa as from 1 November 1980. The Belgo-Turkish Agreement of 2 January 1956 on visas has also been suspended.
Period covered: 24/10/1980 -
Articles concerned : 7

Declaration contained in a letter from the Permanent Representative, dated 27 April 1988, registered at the Secretariat General on 28 April 1988 - Or. Fr.

I have the honour to inform you that on 15 March last, the Ministry of the Interior has decided to introduce a provisional identity card for Belgians. This identity document will be delivered to Belgians who do not have a passport, who wish to travel to a country where a passport is not required and whose new format identity card (in conformity with Resolution (77)26 of the Council of Europe) had been lost or destroyed in the days preceding the travel.

Consequently, this provisional identity card is to be considered as a travel document in the sense of the European Agreement on Regulations Governing the Movement of Persons between Member States of the Council of Europe, signed in Paris, on 13 December 1957.

The specifications and modalities governing the issue of this card have been published in the "Moniteur belge" of 3 March 1988. A specimen of this card will be forwarded shortly to the Member States of the Council of Europe by the Diplomatic Representation of Belgium in the States concerned.
Period covered: 24/07/1980 -
Articles concerned : 11

Declaration contained in a letter from the Permanent Representative, dated 21 April 1971, registered at the Secretariat General on 22 April 1971 - Or. Fr.

In pursuance of Article 11 of the European Agreement of 13 December 1957 on regulations governing the movement of persons, I have the honour to inform you that the name of identity cards issued by Belgian posts abroad has been modified; in the Appendix to the said Agreement, those cards are called: "Official identity and registration of immatriculation card". Now the document is called: "Official identity card issued to a Belgian national, having the force of an immatriculation certificate".

Moreover, I call your attention on the fact that those cards may be drafted in French, Dutch or German.

[Note by the Secretariat: See also the foloowing declaration, contained in a letter from the Permanent Representative, dated 29 June 1971, registered at the Secretariat General on 30 June 1971 - Or. Fr.

Exact and complete denomination of the document appearing under "BELGIUM" in the Appendix of the European Agreement on regulations governing the movement of persons between Member States of the Council of Europe:

"Official identity card issued to a Belgian national, having the force of an immatriculation certificate, by a Belgian diplomatic or consular agent abroad."

The list of document contained in the Appendix to the Agreement, regarding Belgium, is therefore the following:

- Belgian passport, valid or expired within the last 5 years.
- Official identity card.
- Official identity card issued to a Belgian national, having the force of an immatriculation certificate, by a Belgian diplomatic or consular agent abroad.
- Identity certificate with photograph issued by a Belgian Local Authority to a child under 12 years of age.
- Identity paper without photograph issued by a Belgian Local Authority to a child under 12 years of age. This document will only be accepted in the case of children travelling with their parents.
- Valid alien's identity card, issued by the competent authorities of the country of residence, for Belgians lawfully residing in France, Luxembourg and Switzerland, and stating that the bearer is of Belgian nationality.
- Provisional identity card.]
Period covered: 22/04/1971 -
Articles concerned : 11

Declaration contained in a letter from the Permanent Representative, dated 8 January 1958, registered at the Secretariat General on 9 January 1958 - Or. Fr.

I have been instructed to inform you that, as far as Belgium is concerned, the word "territory" means, for the implementation of the said Agreement, "the metropolitan territory, excluding the Belgian Congo and Ruanda Urundi".
Period covered: 09/01/1958 -
Articles concerned : 1


ETS No.024
European Convention on Extradition

Communication contained in a joint letter from the Ministers of Justice of Belgium and of the Netherlands, dated 5 February 2010, registered at the Secretariat General on 10 February 2010 – Or. Fr., supplemented by a joint letter from the Permanent Representatives of Belgium and of the Netherlands, dated 16 February 2010, registered at the Secretariat General on 18 February 2010 - Or. Fr.

On 1 February 2010, a Convention between the Kingdom of the Netherlands and the Kingdom of Belgium came into effect under which the Netherlands made available to Belgium a prison located on Dutch territory (Tilburg) for the execution of criminal sentences imposed in Belgium under Belgian law(*). The Convention applies in principle until 31 December 2012, but the validity period may be reduced to 31 December 2011, or extended until 31 December 2013.

The Convention contains a specific provision for criminal co-operation with third States. Article 18 of the Convention deals with criminal action at the request of third States concerning Belgian prisoners detained in the prison located on Dutch territory. According to the first paragraph of this provision, the Netherlands will not examine requests for extradition and/or mutual assistance from third States, but they will transmit them to Belgium. This agreement logically follows on from other provisions of the Convention, according to which the judicial and other authorities of the Netherlands do not normally deal with prisoners of the prison of Tilburg.

In this context, Belgium and the Netherlands communicate the following:

Requests for extradition and provisional arrest
We recommend that States Parties to the European Convention on Extradition send exclusively to the Belgian authorities requests for extradition and provisional arrest of persons detained in the prison of Tilburg under the Convention concluded on 31 October 2009 in Tilburg between the Kingdom of the Netherlands and the Kingdom of Belgium, on the provision of a prison in the Netherlands for the enforcement of prison sentences imposed under Belgian law. If the Dutch authorities still receive requests for extradition or for provisional arrest of these persons, they will not deal with them but will transmit them to the Belgian authorities for further action.

Alerts via Interpol for the surrender and the requests for provisional arrest of persons who are in the prison in Tilburg will not be carried out in the Netherlands.

Requests for mutual assistance
We recommend that central and judicial authorities of the States Parties to the Convention on Mutual Assistance in Criminal Matters send exclusively to the competent Belgian authorities requests for mutual assistance concerning persons detained in the prison of Tilburg under the Convention concluded on 31 October 2009 in Tilburg between the Kingdom of the Netherlands and the Kingdom of Belgium, on the provision of a prison in the Netherlands for the enforcement of prison sentences imposed under Belgian law. If, nevertheless, requests for mutual assistance concerning these persons are sent to the Netherlands, they will be forwarded to the competent authorities of the Kingdom of Belgium.

[(*) Note by the Secretariat: The text of this Convention is available upon request to the Treaty Office (French and Dutch only).]
Period covered: 18/02/2010 -
Articles concerned : 16, 12

Declaration contained in a letter from the Minister of Justice of Belgium, dated 20 April 2004, registered at the Secretariat General on 26 April 2004 - Or. Fr.

In accordance with Article 28, paragraph 3, of the European Convention on Extradition, Belgium declares that it applies the Law of 19 December 2003, implementing the European Union Council's Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, to the arrest and surrender of all persons since 1 January 2004 in relations between Belgium and the Member States of the European Union. This Law shall apply also to relations between Belgium and the new Member States as from the date of their accession to the Union.

By way of exception, the European Convention on Extradition of 13 December 1957 and other conventions relating to extradition will continue to apply on a transitory basis :

1. with Member States which have not implemented the Framework Decision as from 1 January 2004 or on the date of their accession, and until these States will have notified to the Secretariat General of the Council of the Europan Union that they have put themselves into conformity;

2. for the surrender to Belgium (as requesting State) of persons :
a) sought after for acts committed before 1 November 1993 and arrested in France;
b) sought after for acts committed before 7 August 2002 and arrested in Austria or in Italy.
Period covered: 26/04/2004 -
Articles concerned : 28

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997 - Or. Fr.

By reason of the special arrangements between the Benelux countries, the Belgian Government does not accept Article 28, paragraphs 1 and 2, in respect of its relations with the Kingdom of the Netherlands and the Grand Duchy of Luxembourg.
Period covered: 27/11/1997 -
Articles concerned : 28

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997 - Or. Fr.

The Belgian Government reserves the right to derogate from these provisions in respect of its relations with the other member States of the European Community.
Period covered: 27/11/1997 -
Articles concerned : 28

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997 - Or. Fr.

If the request for extradition and the documents to be produced are in the language of the requesting Party and this language is neither Dutch, French, nor German, they must be accompanied by a translation into French.
Period covered: 27/11/1997 -
Articles concerned : 23

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997 - Or. Fr.

The Belgian Government will allow transit through its territory on the same conditions on which extradition is granted.
Period covered: 27/11/1997 -
Articles concerned : 21

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997 - Or. Fr.

The Government of the Kingdom of Belgium will grant the temporary surrender provided for by Article 19, paragraph 2, only if it concerns a person who serves a sentence on its territory and if particular circumstances require it.
Period covered: 27/11/1997 -
Articles concerned : 19

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997 - Or. Fr.

The obligation to release after the expiry of 30 days provided for by Article 18, paragraph 4, will not be applicable in the event that the person claimed has introduced an appeal against the decision to extradite or concerning the legality of the detention.
Period covered: 27/11/1997 -
Articles concerned : 18

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997 - Or. Fr.

Belgium considers that the exception provided for by Article 15 is extended, in the event that the person surrendered to Belgium has renounced to the speciality of extradition according to the legislation of the requested Party.
Period covered: 27/11/1997 -
Articles concerned : 15

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997 - Or. Fr.

Belgium considers that the rule of speciality is not applicable when the person claimed by Belgium has given, before the judicial authority of the requested State, his or her explicit consent to be prosecuted and punished on whatever count if this possibility is provided for in the legislation of the latter State. If, on the other hand, the extradition is requested from Belgium, it considers that, when the person to claimed has formally renounced to the formalities and guarantees of extradition, the rule of speciality shall no longer apply.
Period covered: 27/11/1997 -
Articles concerned : 14

Declaration contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997 - Or. Fr.

The Belgian Government considers that the reservation made by Portugal regarding Article 1, item c, is not compatible with the object of the Convention. It takes the reservation to mean that extradition shall not be granted only if, in accordance with the legislation of the requesting State, the person sentenced to life imprisonment cannot be released after a certain time, following a legal or administrative procedure.
Period covered: 27/11/1997 -
Articles concerned : 1

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997 - Or. Fr.

Belgium reserves the right not to grant extradition if the person claimed could be brought before a court of special jurisdiction, or if the extradition is requested for the execution of a sentence rendered by such a court.
Period covered: 27/11/1997 -
Articles concerned : 1

Reservation contained in a letter from the Minister of Foreign Affairs of Belgium, dated 3 June 1997, handed to the Secretary General at the time of deposit of the instrument of ratification, on 29 August 1997 - Or. Fr.

Extradition will not be granted when the surrender might have consequences of an exceptional gravity for the person claimed, in particular on account of his or her age or health.
Period covered: 27/11/1997 -
Articles concerned : 1


ETS No.023
European Convention for the Peaceful Settlement of Disputes

Declaration made at the time of deposit of the instrument of ratification, on 20 April 1970 - Or. Fr.

In accordance with the provisions of Article 34 (1) of the Convention, Belgium will not be bound by Chapter III relating to arbitration.
Period covered: 20/04/1970 -
Articles concerned : 34


ETS No.021
European Convention on the Equivalence of Periods of University Study

Reservation made at the time of deposit of the instrument of ratification, on 5 June 1972 - Or. Fr.

When depositing the instrument of ratification, the Permanent Representative declared on behalf of his Government that these Conventions and this Protocol [Note by the Secretariat: ETS Nos 21, 32 and 49] are ratified subject to the effective application of reciprocity by each of the member States in respect of Belgian diplomas, certificates and periods of study.
Period covered: 05/06/1972 -
Articles concerned : -

Reservation made by the Belgian representative at the time of the forty-third meeting of the Ministers'Deputies [CM/Del(56)43 - 3 to 6 December 1956] - Or. Engl./Fr - and withdrawn at the time of deposit of the instrument of ratification, on 5 June 1972

The Belgian representative said that his Government would sign the Convention subject to the provisions of the law of 2 July 1956, prescribing that the equivalence to be granted for periods of study spent abroad should be determined by commissions. It would, nevertheless, recommend these commissions to comply with the terms of the Convention as fully as possible.
Articles concerned : -


ETS No.019
European Convention on Establishment

Declaration made at time of deposit of the instrument of ratification, on 12 January 1962 - Or. Fr.

On deposit, on behalf of His Majesty the King of the Belgians, of the instrument of ratification of the European Convention on Establishment, signed in Paris on 13 December 1955, I have the honour to declare, in accordance with Article 12, that my Government does not agree to the terms of paragraph 1.b and c and that it extends the period laid down in a to ten years; furthermore, it will not automatically grant the right to change from a wage-earning occupation to an independent occupation.
Period covered: 23/02/1965 -
Articles concerned : 12


ETS No.014
European Convention on Social and Medical Assistance

Declaration contained in a letter from the Permanent Representative of Belgium, dated 16 October 1981, registered at the Secretariat General on 19 October 1981 - Or. Fr.

Annex II - Reservations formulated by the Contracting Parties

The Belgian Government reserves the right not to grant to nationals of Contracting Parties the benefit of the legislation concerning the minimum level of means of subsistence.
Period covered: 19/10/1981 -
Articles concerned : 7

Declaration contained in a letter from the Permanent Representative of Belgium, dated 16 October 1981, registered at the Secretariat General on 19 October 1981 - Or. Fr.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

Law of 27 June 1956 concerning the Special Assistance Fund.
Law of 2 April 1965 concerning Public Assistance.
Royal Decree No. 81 of 10 November 1967 establishing a Fund to provide for medical, social and educational services for the handicapped.
Law of 8 July 1964 concerning urgent Medical Assistance.
Law of 7 August 1974 establishing the right to a minimum level of means of subsistence.
Law of 8 July 1976 relating to the organisation of Public Social Assistance Centres.

Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention

Alien''s identity card or certificate of entry in the Register of Aliens or residence card issued to nationals of an EEC member State.
Period covered: 19/10/1981 -
Articles concerned : 16, 11, 1

Interpretation of the terms: "nationals" and "territory"

a Nationals : Persons possessing Belgian nationality.
b Territory : Belgian metropolitan territory, excluding the Belgian Congo and Ruanda-Urundi.
Period covered: 01/04/1957 -
Articles concerned : 2


ETS No.013
European Interim Agreement on Social Security other than Schemes for Old Age, Invalidity and Survivors

Interpretation of the terms: "nationals" and "territory"

a Nationals : Persons possessing Belgian nationality.
b Territory : Belgian metropolitan territory, excluding the Belgian Congo and Ruanda-Urundi.
Period covered: 01/04/1957 -
Articles concerned : 2

ANNEX II - Bilateral and Multilateral Agreements to which the Agreement applies

a. Convention between Belgium and the Netherlands regarding insurance against occupational accidents, dated 9 February 1921.

b. Convention between Belgium and the Netherlands regarding the application of the legislation of the two countries as regards social insurance, dated 29 August 1947.

c. General Convention between Belgium and France on social security, dated 17 January 1948.

d. General Convention between Belgium and Italy on social security, dated 30 April 1948.

e. General Convention between Belgium and the Grand Duchy of Luxembourg on social security, dated 3 December 1949.

f. Multilateral Convention on social security concluded by the Brussels Treaty Powers on 7 November 1949.

g. Agreement on the social security of Rhine boatmen, dated 27 July 1950, revised on 13 February 1961.

h. Convention between Belgium, France and Italy on social security, dated 19 January 1951.

i. Convention on social security between His Majesty the King of the Belgians and Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories, Head of the Commonwealth, signed at Brussels on 20 May 1957.

j. General Convention between Belgium and Greece on social security signed at Athens on 1 April 1958 (entry into force : 1 January 1961), and revised by the Convention dated 27 September 1967.

k. (i) General Convention on social security between the Kingdom of Belgium and the Federal Republic of Germany, Supplementary Agreements and Final Protocol, signed at Bonn on 7 December 1957 (entry into force : 9 November 1963, with retroactive effect from 1 January 1959).

(ii) Supplementary Protocol to the General Convention on social security, to the third Supplementary Agreement and to the Final Protocol, signed at Bonn, on 10 November 1960 (entry into force : 9 November 1963, with retroactive effect from 1 January 1959).

l. General Convention on social security between the Kingdom of Belgium and the Republic of Turkey, signed at Brussels on 4 July 1966 (entry into force : 1 May 1968), revised by the Convention of 2 February 1981.

m. General Convention on social security between the Kingdom of Belgium and the Republic of Portugal, dated 14 September 1970 (entry into force : 1 May 1973).

n. Convention between Belgium and Luxembourg dated 3 December 1949, revised by the Convention dated 16 November 1959.

[Note by the Secretariat : Last updating contained in a letter from the Permanent Representative of Belgium, dated 23 May 1984, registered at the Secretariat General on 24 May 1984.]
Period covered: 01/05/1957 -
Articles concerned : 8

ANNEX I - Social Security Schemes to which the Agreement applies

Laws and regulations relating to :

a. Sickness and invalidity insurance : schemes for employed persons and for self-employed persons.

b. Compensation for damage resulting from employment injuries.

c. Unemployment insurance.

d. Family benefits : schemes for employed persons and for self-employed persons.

All the above-mentioned schemes are of a contributory nature.

[Note by the Secretariat : Last updating contained in a letter from the Permanent Representative of Belgium, dated 13 May 1983, registered at the Secretariat General on 18 May 1983.]
Period covered: 01/05/1957 -
Articles concerned : 7


ETS No.012
European Interim Agreement on Social Security Schemes Relating to Old Age, Invalidity and Survivors

ANNEX III - Reservations to the Agreement formulated by the Contracting Parties

The Government of Belgium has formulated the following reservation:

The benefit of guaranteed income instituted by the Belgian Law of 1 April 1969, in favor of aged persons and which is a non-contributory benefit subject to a means test, will only be granted to nationals of Contracting States whose legislation allows the award of equivalent advantages of Belgian nationals.
Period covered: 25/07/1969 -
Articles concerned : 9

Interpretation of the terms: "nationals" and "territory"

a Nationals : Persons possessing Belgian nationality.
b Territory : Belgian metropolitan territory, excluding the Belgian Congo and Ruanda-Urundi.
Period covered: 01/04/1957 -
Articles concerned : 2

ANNEX II - Bilateral and Multilateral Agreements to which the Agreement applies

a. Convention between Belgium and the Netherlands in respect of the application of the legislation of the two countries as regards social insurance, dated 29 August 1947.

b. General Convention between Belgium and France on social security, dated 17 January 1948.

c. General Convention between Belgium and Italy on social security, dated 30 April 1948.

d. General Convention between Belgium and the Grand Duchy of Luxembourg on social security, dated 3 December 1949.

e. Multilateral Convention on social security concluded by the Brussels Treaty Powers on 7 November 1949.

f. Agreement on the social security of Rhine boatmen, dated 27 July 1950, revised on 13 February 1961.

g. Convention between Belgium, France and Italy on social security, dated 19 January 1951.

h. Convention on social security between His Majesty the King of the Belgians and Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories, Head of the Commonwealth, signed at Brussels on 20 May 1957.

i. (i) General Convention on social security between the Kingdom of Belgium and the Federal Republic of Germany, Supplementary Agreements and Final Protocol, signed at Bonn on 7 December 1957 (entry into force: 9 November 1963, with retroactive effect from 1 January 1959).

(ii) Supplementary Protocol to the General Convention on social security, to the third Supplementary Agreement and to the Final Protocol, signed at Bonn, on 10 November 1960 (entry into force: 9 November 1963, with retroactive effect from 1 January 1959).

j. General Convention between Belgium and Greece on social security, signed at Athens on 1 April 1958 (entry into force: 1 January 1961) and revised by the Convention of 27 September 1967.

k. General Convention on social security between the Kingdom of Belgium and the Republic of Turkey, signed at Brussels on 4 July 1966 (entry into force: 1 May 1968), revised by the Convention of 2 February 1981.

l. General Convention on social security between the Kingdom of Belgium and the Republic of Portugal, dated 14 September 1970 (entry into force: 1 May 1973).

m. Convention between Belgium and Spain on social security dated 28 November 1956, revised by the Convention of 1 October 1967.

[Note by the Secretariat : Last updating contained in a letter from the Permanent Representative of Belgium, dated 23 May 1984, registered at the Secretariat General on 24 May 1984.]
Period covered: 01/05/1957 -
Articles concerned : 8

ANNEX I - Social Security Schemes to which the Agreement applies

Laws and regulations relating to :

a. The income guaranteed to aged persons.

b. Retirement and survivors' pensions : schemes for employed persons and for self-employed persons.

c. Sickness and invalidity insurance : schemes for employed persons and for self-employed persons.

d. Allowances for handicapped persons.

The schemes listed under a. and d. are of a non-contributory nature, the others being contributory.

[Note by the Secretariat : Last updating contained in a letter from the Permanent Representative of Belgium, dated 13 May 1983, registered at the Secretariat General on 18 May 1983.]
Period covered: 01/05/1957 -
Articles concerned : 7


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Reservations contained in the instrument of acceptance deposited with the Secretary General of the OECD on 29 May 2013 - Or. Engl.

In accordance with Article 30, paragraph 1.b, of the Convention, Belize reserves the right not to provide assistance in the recovery of any tax claim or in the recovery of administrative fine, for all taxes.

In accordance with Article 30, paragraph 1.d, of the Convention, Belize reserves the right not to provide assistance in the service of documents for all taxes.
Period covered: 01/09/2013 -
Articles concerned : 30

Declaration contained in the instrument of acceptance deposited with the Secretary General of the OECD on 29 May 2013 - Or. Engl.

ANNEX B – Competent Authorities

In relation to Belize, the term “competent authority” means the Financial Secretary in the Ministry of Finance.
Period covered: 01/09/2013 -
Articles concerned : 3

Declaration contained in the instrument of acceptance deposited with the Secretary General of the OECD on 29 May 2013 - Or. Engl.

ANNEX C – Definition of the word "national" for the purpose of the Convention

In relation to Belize, the term “national” means any individual possessing the citizenship of Belize.
Period covered: 01/09/2013 -
Articles concerned : 3

Declaration contained in the instrument of acceptance deposited with the Secretary General of the OECD on 29 May 2013 - Or. Engl.

Pursuant to Article 29, paragraph 1, of the Convention, Belize declares that with respect to Belize, the Convention shall apply to the territory of Belize as defined in Schedule 1 to the Belize Constitution, including the territorial waters and any other area in the sea and in the air within which Belize, in accordance with international law, exercises sovereign rights or its jurisdiction.
Period covered: 01/09/2013 -
Articles concerned : 29

Declaration contained in the instrument of acceptance deposited with the Secretary General of the OECD on 29 May 2013 - Or. Engl.

Belize accepts the Convention with the following declaration:

Annex A – Taxes to which the Convention would apply:

Article 2, paragraph 1.a.i:
Income Tax (including surtax or surcharge)
Business Tax

Article 2, paragraph 1.b.iii. C:
General Sales Tax.

Period covered: 01/09/2013 -
Articles concerned : 2


ETS No.112
Convention on the Transfer of Sentenced Persons

Declaration contained in a Note verbale from the Embassy of Bolivia, dated 30 April 2004, registered at the Secretariat General on 5 May 2004 - Or. Fr./Spa.

In accordance with Article 5, paragraph 3, of the Convention, Bolivia will use the Ministry of Foreign Affairs and of Cult for the procedure of the requests for transfer.
Period covered: 01/06/2004 -
Articles concerned : 5

Declaration contained in a Note verbale from the Embassy of Bolivia, dated 30 April 2004, registered at the Secretariat General on 5 May 2004 - Or. Fr./Spa.

In accordance with Article 3, paragraph 4, of the Convention, Bolivia considers as nationals any person having this status in accordance with Title III, Chapter 1 of the Political Constitution of the State.
Period covered: 01/06/2004 -
Articles concerned : 3

Declaration contained in a Note verbale from the Embassy of Bolivia, dated 30 April 2004, registered at the Secretariat General on 5 May 2004 - Or. Fr./Spa.

In accordance with Article 17, paragraph 3, of the Convention, Bolivia requires that requests for transfer and supporting documents be accompanied by a translation into Spanish.
Period covered: 01/06/2004 -
Articles concerned : 17

Declaration contained in a Note verbale from the Embassy of Bolivia, dated 30 April 2004, registered at the Secretariat General on 5 May 2004 - Or. Fr./Spa.

The Embassy of the Republic of Bolivia regrets the belated communication of the declarations regarding the Convention on the Transfer of Sentenced Persons, which is the result of an unfortunate administrative oversight. The Embassy of the Republic of Bolivia in France recognises that the provisions of the Convention concerning the formulation of reservations and declarations should be respected by Contracting States. However, it needs to be pointed out that the declarations were made by the Bolivian Parliament during the procedures of domestic approval of the Convention. The Parliament, the only institution authorised by the Bolivian Constitution, has the right to approve international agreements of this nature. Consequently, in this respect, the declarations form an inseparable part of the Parliamentary decision.
Period covered: 01/06/2004 -
Articles concerned : -


CETS No.201
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse

Declaration contained in Note Verbale of the Permanent Representation of Bosnia and Herzegonina deposited with the instrument of ratification on 14 November 2012

In accordance with Article 37, paragraph 2, of the Convention, Bosnia and Herzegovina declares that the national authority in charge for the purposes of Article 37, paragraph 1, is:

Ministry for Human Rights and Refugees of Bosnia and Herzegovina
Ms Tijana Borovcanin-Maric
Tel.: 00 387 33 703 954
E-mail: tijana.borovcanin@mhrr.gov.ba
Address: Trg BiH 1, 71 000 Sarajevo, Bosnia and Herzegovina
Period covered: 01/03/2013 -
Articles concerned : 37


CETS No.198
Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

Declaration contained in a letter from the Permanent Representative of Bosnia and Herzegovina, dated 21 May 2013, registered at the Secretariat General on 21 May 2013 - Or. Engl.

The central authority designated by Bosnia and Herzegovina for the purposes of Article 33 of the Convention is :

Directorate for Coordination of Police Bodies of Bosnia and Herzegovina
Ministry of Security of Bosnia and Herzegovina
Contact person:
Mr Branislav Pavlovic
Sector for International Operative Police Collaboration
Email : branislav.pavlovic@dkpt.gov.ba
Tel : +387 33 250 062
Fax : +387 65 698 728
Period covered: 21/05/2013 -
Articles concerned : 33


ETS No.192
Convention on Contact concerning Children

Declaration contained in a Note verbale from the Permanent Representation of Bosnia and Herzegovina, dated 18 July 2013, registered at the Secretariat General on 18 July 2013 – Or. Fr.

In accordance with Article 11, paragraph 3, of the Convention, Bosnia and Herzegovina declares that the central authority of Bosnia and Herzegovina designated for the purposes of this Convention is the Ministry of Human Rights and Refugees of Bosnia and Herzegovina (Trg BiH 1, 71000 Sarajevo, Bosnia and Herzegovina; Tel. +387.33.202.600; Fax : +387.33.206.140).
Period covered: 18/07/2013 -
Articles concerned : 11


ETS No.185
Convention on Cybercrime

Declaration contained in a letter from the Permanent Representative of Bosnia and Herzegovina, dated 15 November 2011, registered at the Secretariat General on 15 November 2011 – Or. Engl.

In accordance with Article 24, paragraph 7, Article 27, paragraph 2, and Article 35, paragraph 1, of the Convention on Cybercrime, Bosnia and Herzegovina up-dates the information on its designated authorities for the purposes of the Convention as follows:

Competent authority in respect of Articles 24 and 27:
State Investigation and Protection Agency
of Bosnia and Herzegovina
(Ministry of Security)

Point of contact in respect of Article 35:
Direction for cooperation of police bodies
of Bosnia and Herzegovina
International police cooperation Sector, INTERPOL
(Ministry of Security)

[Note by the Secretariat: For more information please contact the Executive Secretary of the Cybercrime Convention Committee, alexander.seger@coe.int.]
Period covered: 15/11/2011 -
Articles concerned : 35, 27, 24


ETS No.182
Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Bosnia and Herzegovina appended to the instrument of ratification deposited on 7 November 2007 - Or. Engl.

In line with Article 6 of the Second Additional Protocol, Bosnia and Herzegovina declares that ordinary courts and prosecutor's office in Bosnia and Herzegovina shall be regarded as judicial authorities for the purpose of the Convention and this Protocol.
Period covered: 01/03/2008 -
Articles concerned : 6

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Bosnia and Herzegovina appended to the instrument of ratification deposited on 7 November 2007 - Or. Engl.

In connection with Article 4, paragraph 8, of the Second Additional Protocol, Bosnia and Herzegovina declares that all requests and other written notices related to Article 4, paragraphs 1 to 6, are to be delivered to the Ministry of Justice of Bosnia and Herzegovina, as the central authority.
Period covered: 01/03/2008 -
Articles concerned : 4

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Bosnia and Herzegovina appended to the instrument of ratification deposited on 7 November 2007 - Or. Engl.

In relation to Article 4, paragraph 8, of the Second Additionnal Protocol, Bosnia and Herzegovina declares that in case of direct addressing of urgent requests in line with Article 4, paragraph 7, of the Second Additional Protocol, copy of the request will be delivered concurrently to the Ministry of Justice of Bosnia and Herzegovina.
Period covered: 01/03/2008 -
Articles concerned : 4

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Bosnia and Herzegovina appended to the instrument of ratification deposited on 7 November 2007 - Or. Engl.

In line with Article 19, paragraph 4, of the Second Additionnal Protocol, Bosnia and Herzegovina declares that :

a. The authority responsible for receiving the request and decision making in accordance with Article 19, paragraph 2, of the Second Additional Protocol, is :
Prosecutor's Office of Bosnia and Herzegovina
Kraljice Jelene 88
71000 Sarajeco
Tel. ++387 33 707 100
Fax: ++387 33 707 463

b. The authority responsible for providing legal assistance in accordance with Article 19 of the Second Additional Protocol, is :
Ministry of Security of Bosnia and Herzegovina
Trg Bosne I Hercegovine
Tel. ++387 33 213 623
Fax. ++387 33 213 628
Period covered: 01/03/2008 -
Articles concerned : 19

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Bosnia and Herzegovina appended to the instrument of ratification deposited on 7 November 2007 - Or. Engl.

In line with Article 18, paragraph 4, of the Second Additional Protocol, Bosnia and Herzegovina declares that :

a. The authority responsible for receiving the request and decision making in accordance with Article 18, paragraph 2, of the Second Additional Protocol, is :
Prosecutor's Office of Bosnia and Herzegovina
Kraljice Jelene 88
71000 Sarajeco
Tel. ++387 33 707 100
Fax: ++387 33 707 463

b. The authority responsible for execution, management and control of undertaken actions in line with Article 18, paragraph 3, of the Second Additional Protocol, is :
Ministry of Security of Bosnia and Herzegovina
Trg Bosne I Hercegovine
Tel. ++387 33 213 623
Fax. ++387 33 213 628
Period covered: 01/03/2008 -
Articles concerned : 18

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Bosnia and Herzegovina appended to the instrument of ratification deposited on 7 November 2007 - Or. Engl.

In relation to Article 17, paragraph 4, of the Second Additional Protocol, Bosnia and Herzegovina declares that :

a. The authority responsible for receiving the request and decision making in line with Article 17, paragraph 1, of the Second Additional Protocol, is :
Prosecutor's Office of Bosnia and Herzegovina
Kraljice Jelene 88
71000 Sarajeco
Tel. ++387 33 707 100
Fax: ++387 33 707 463

b. The authority responsible for receiving the notice in line with Article 17, paragraph 2, of the Second Additional Protocol, is :
Ministry of Security of Bosnia and Herzegovina
Trg Bosne I Hercegovine
Tel. ++387 33 213 623
Fax. ++387 33 213 628
Period covered: 01/03/2008 -
Articles concerned : 17

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Bosnia and Herzegovina appended to the instrument of ratification deposited on 7 November 2007 - Or. Engl.

In line with Article 13, paragraph 7, of the Second Additional Protocol, Bosnia and Herzegovina declares that it shall request the approval referred to under Article 13, paragraph 3, of this Protocol, before reaching an agreement under paragraph 1 of this article.
Period covered: 01/03/2008 -
Articles concerned : 13


ETS No.173
Criminal Law Convention on Corruption

Declaration from the Minister of Foreign Affairs of Bosnia and Herzegovina, dated 18 August 2011, registered at the Secretariat General on 7 September 2011 – Or. Engl.

In accordance with Article 29 of the Convention, Bosnia and Herzegovina declares that the designated Central Authority for Bosnia and Herzegovina is the :

Ministry of Security of Bosnia and Herzegovina
Trg Bosne i Hercegovine no. 1
71 000 Sarajevo.
Period covered: 07/09/2011 -
Articles concerned : 29

Declaration contained in a letter from the Minister of Foreign Affairs of Bosnia and Herzegovina, transmitted by the Permanent Representation on 29 October 2003, and registered at the Secretariat General on 29 October 2003 - Or. Engl.

Pursuant to the Law on Ministries and other Bodies of Administration of Bosnia and Herzegovina ("Official Gazette", No. 5/03 of 7 March 2003), the Ministry of Security of Bosnia and Herzegovina has been responsible for "preventing and detecting perpetrators of criminal acts of terrorism, drugs trafficking, forgery of native and foreign currency and trafficking of human beings and other criminal acts with the international and inter-entity elements".

Therefore, the Ministry of Security will be the central authority-institution for preventing and detecting perpetrators of corruption on the State level of Bosnia and Herzegovina.
Period covered: 29/10/2003 -
Articles concerned : 29


ETS No.169
Protocol No. 2 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning interterritorial co-operation

Declaration contained in a letter from the Minister of Foreign Affairs of Bosnia and Herzegovina deposited with the instrument of ratification, on 7 October 2008 - Or. Engl.

In accordance with Article 6, paragraph 1, of Protocol No. 2, Bosnia and Herzegovina declares that it will apply the provisions of Articles 4 and 5 of the Additional Protocol.
Period covered: 08/01/2009 -
Articles concerned : 6


ETS No.166
European Convention on Nationality

Declaration contained in a Note verbale from the Minister of Foreign Affairs of Bosnia and Herzegovina, deposited with the instrument of ratification, on 22 October 2008 – Or. Engl.

Pursuant to Article 22, sub-paragraph b, of the Convention, Bosnia and Herzegovina notifies that military service (conscription) in Bosnia and Herzegovina was abolished by the provisions of Article 79 of Bosnia and Herzegovina's Law of Defense, starting as of 1 January 2006.
Period covered: 01/02/2009 -
Articles concerned : 22


ETS No.163
European Social Charter (revised)

Declaration contained in the instrument of ratification deposited on 7 October 2008 - Or. Engl.

In accordance with Part III, Article A, of the European Social Charter (revised), Bosnia and Herzegovina declares that it considers itself bound by the following articles:

Article 1 – The right to work
Article 2 – The right to just conditions of work
Article 4 – The right to a fair remuneration (paragraph 3)
Article 5 – The right to organise
Article 6 – The right to bargain collectively
Article 7 – The right of children and young persons to protection
Article 8 – The right of employed women to protection of maternity
Article 9 – The right to vocational guidance
Article 11 – The right to protection of health
Article 12 – The right to social security (paragraphs 1 and 2)
Article 13 – The right to social and medical assistance (paragraphs 1, 2 and 3)
Article 14 – The right to benefit from social welfare services
Article 16 – The right of the family to social, legal and economic protection
Article 17 – The right of children and young persons to social, legal and economic protection
Article 20 – The right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex
Article 21 – The right to information and consultation
Article 22 – The right to take part in the determination and improvement of the working conditions and working environment
Article 23 – The right of elderly persons to social protection
Article 28 – The right of workers' representatives to protection in the undertaking and facilities to be accorded to them
Period covered: 01/12/2008 -
Articles concerned : A


ETS No.159
Additional Protocol to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities

Declaration contained in a letter from the Minister of Foreign Affairs of Bosnia and Herzegovina deposited with the instrument of ratification, on 7 October 2008 - Or. Engl.

In accordance with Article 8, paragraph 1, of the Additional Protocol, Bosnia and Herzegovina declares that it will apply the provisions of Articles 4 and 5.
Period covered: 08/01/2009 -
Articles concerned : 8, 5, 4


ETS No.148
European Charter for Regional or Minority Languages

Declaration contained in the instrument of ratification deposited on 21 September 2010 - Or. Engl.

In accordance with Article 3, paragraph 1, of the Charter, Bosnia and Herzegovina declares that, it shall apply the Provisions of Part III of the Charter in relation to the following languages: Albanian, Montenegrin, Czech, Italian, Hungarian, Macedonian, German, Polish, Romani, Romanian, Rysin, Slovak, Slovene, Turkish, Ukrainian and Jewish (Yiddish and Ladino).
Period covered: 01/01/2011 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 21 September 2010 - Or. Engl.

In accordance with Article 2, paragraph 2, of the Charter, Bosnia and Herzegovina declares that, the following provisions shall apply to the Albanian, Montenegrin, Czech, Italian, Hungarian, Macedonian, German, Polish, Romanian, Rysin, Slovak, Slovene, Turkish, Ukrainian and Jewish (Yiddish and Ladino) languages:

Article 8, paragraph 1 a (iii), b (iv), c (iv), d (iv), g ;
Article 9, paragraph 1 a (ii), (iii), b (ii) (iii), c (ii), (iii); paragraph 2 c ;
Article 10, paragraph 1 a (iv), c; paragraph 2 a, b, g; paragraph 3 c; paragraph 4 c; paragraph 5 ;
Article 11, paragraph 1 a (iii), b (i), c (ii), e (ii); paragraph 2; paragraph 3;
Article 12, paragraph 1 a, e, f, g; paragraph 2,
Article 13, paragraph 1 c, d ;
Article 14, paragraphs a, b.

The following articles, paragraphs and sub-paragraphs shall apply to the Romani language:

Article 8, paragraph 1 a (iii), b (iv), c (iv), d (iv), e (iii), f (iii), g;
Article 9, paragraph 1 a (ii), (iii), b (ii) (iii), c (ii), (iii); paragraph 2 c ;
Article 10, paragraph 1 a (iv), c; paragraph 2 a, b, g; paragraph 3 c; paragraph 4 c; paragraph 5 ;
Article 11, paragraph 1 a (iii), b (i), c (ii), d, e (ii), g; paragraph 2; paragraph 3;
Article 12, paragraph 1 a, e, f, g; paragraph 2;
Article 13, paragraph 1 c, d ;
Article 14, paragraphs a, b.
Period covered: 01/01/2011 -
Articles concerned : 2

Declaration contained in the instrument of ratification deposited on 21 September 2010 - Or. Engl.

In accordance with Article 1, paragraph b, of the Charter, Bosnia and Herzegovina declares that the term ‘territory in which the regional or minority languages are used’ refers to areas in which regional or minority languages are in official use in accordance with the laws of Bosnia and Herzegovina.
Period covered: 01/01/2011 -
Articles concerned : 1


ETS No.147
European Convention on Cinematographic Co-Production

Declaration contained in a letter from the Chargée d'Affaires a.i. of Bosnia and Herzegovina, dated 11 June 2010, registered at the Secretariat General on 11 June 2010 - Or. Engl.

In accordance with Article 5, paragraph 5, of the Convention, Bosnia and Herzegovina designates as competent authorities:

Federal Ministry of Culture and Sports
Obala Maka Dizdara br. 2
71000 Sarajevo

Ministry of Education and Culture of the Republika Srpska
ul. Kralja Petra l Karadjordjevica bb
78000 Banka Luka
Period covered: 11/06/2010 -
Articles concerned : 5


ETS No.141
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime

Declaration contained in a letter from the Permanent Representative of Bosnia and Herzegovina, dated 30 November 2004 and registered at the Secretariat General on the same day – Or. Fr.

Bosnia and Herzegovina declares that the central authority responsible for matters concerning the Convention is the Ministry of Security of Bosnia and Herzegovina which, at a national level, acts as the Ministry of Internal Affairs of Bosnia and Herzegovina :

Ministarstvo Sigurnosti Bosne i Hercegovine
(Ministry of Security of Bosnia and Herzegovina)
Minister Mr Barisa COLAK
Trg Bosne i Hercegovine br. 1
71000 Sarajevo
Bosnia and Herzegovina
Tel. and Fax: +387 33 213 623.
Period covered: 30/11/2004 -
Articles concerned : 23


ETS No.132
European Convention on Transfrontier Television

Declaration contained in a letter from the Permanent Representation of Bosnia and Herzegovina, dated 27 August 2008, registered at the Secretariat General on 27 August 2008 - Or. Engl. - and supplemented by a letter from the Permanent Representative of Bosnia and Herzegovina, dated 4 December 2008, registered at the Secretariat General on 5 December 2008 - Or. Engl.

With reference to Article 19, paragraph 2, of the Convention, the Government of Bosnia and Herzegovina declares that the following institutions have been appointed to be responsible for the implementation of the Convention :

- Ministry of Communications and Transport of Bosnia and Herzegovina (Trg BiH br.1, 71000 Sarajevo – contact person : Mr Željko Kneževic, Minister Assistant for Communication and Informatization). The competence of this Ministry is the creation of the policies.

- Communications Regulatory Agency of Bosnia and Herzegovina (Mehmeda Spahe br.1., 71000 Sarajevo – contact person : Ms Dunja Mijatovic, Director of Broadcasting Division). The competences of the Agency are : the regulation of communications, meaning the regulation of the broadcasting and public telecommunication networks and services, including the establishment of permissions, regulating the prices, interconnecting and defining basic conditions for securing common and international communication assets, planning, coordination and allocation of the radio frequency spectrum, etc.

In their common work and intentions, the Ministry and the Agency will take all necessary measures for the implementation of goals such as: promoting fair competition, support for efficient managing of the resources of radio frequencies and numbers, disabling potential danger or limiting competition in the field of communication in line with sector's policies and other issues.
Period covered: 05/12/2008 -
Articles concerned : 19


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 21 September 2020- Or. Engl.

In accordance with Article 30, paragraph 1, subparagraph a of the Convention, Bosnia and Herzegovina reserves the right not to provide any form of assistance with respect to the taxes of other parties in any of the following categories mentioned in subparagraph b, paragraph 1 of Article 2:

i. taxes on income, profits, capital gains or net wealth which are imposed on behalf of political subdivisions or local authorities of a Party,
ii. compulsory social security contributions payable to general government or to social security institutions established under public law,
iii. taxes in other categories, except customs duties, imposed on behalf of a Party, namely:
- A: estate, inheritance or gift taxes,
- B: taxes on immovable property,
- D: specific taxes on goods and services such as excise taxes,
- E: taxes on the use or ownership of motor vehicles,
- F: taxes on the use or ownership of movable property, other than motor vehicles,
- G: any other taxes,
iv. taxes in categories referred to in subparagraph iii above which are imposed on behalf of political subdivisions or local authorities of a Party.
Period covered: 01/01/2021 -
Articles concerned : 30, 2

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 21 September 2020- Or. Engl.

In accordance with Article 30, paragraph 1, subparagraph b of the Convention, Bosnia and Herzegovina reserves the right not to provide assistance in the recovery of any tax claim or administrative fines, for taxes stated in the reservation made toward Article 30, paragraph 1, subparagraph a, of the Convention. In accordance with Article 30, paragraph 1, subparagraph c of the Convention, Bosnia and Herzegovina reserves the right not to provide assistance in relation to any tax claim existing at the date of entry into force of the Convention against Bosnia and Herzegovina, or if a tax claim relates to the taxes stated in the reservation made toward Article 30, paragraph 1, subparagraph a or b of the Convention, on the date of withdrawal of such reservation by Bosnia and Herzegovina. In accordance with Article 30, paragraph 1, subparagraph d of the Convention, Bosnia and Herzegovina reserves the right not to provide assistance with the submission of documents for the taxes specified in the reservation made toward Article 30, paragraph 1, subparagraph a of the Convention.
Period covered: 01/01/2021 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 21 September 2020- Or. Engl.

In accordance with Article 30, paragraph 1, subparagraph f of the Convention, Bosnia and Herzegovina reserves the right to apply Article 28, paragraph 7, exclusively for administrative assistance relating to tax periods beginning on or after 1 January of the third year preceding that in which the Convention, as amended by the 2010 Protocol, entered into force with respect to Bosnia and Herzegovina, or in the absence of a tax period, for administrative assistance relating to tax liabilities incurred on or after I January of the third year preceding that in which the Convention, as amended by the 2010 Protocol, entered into force in respect of Bosnia and Herzegovina.
Period covered: 01/01/2021 -
Articles concerned : 30, 28

Declaration contained in the instrument of ratification deposited with the Secretariat General of the OECD on 21 September 2020 – Or. Engl

ANNEX B - Competent authorities

For taxes referred to in Article 2, paragraph 1, subparagraph a.i., the competent authorities shall be as follows: the Federal Ministry of Finance for the territory of the Federation BiH; the Ministry of Finance of Republika Srpska for the territory of Republika Srpska, and the Brčko District Finance Directorate for the territory of the Brčko District;

For taxes referred to in Article 2, paragraph 1, subparagraph b.iii.C, the competent authority shall be the Indirect Taxation Authority.
Period covered: 01/01/2021 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretariat General of the OECD on 21 September 2020 – Or. Engl

ANNEX A – Taxes to which the Convention would apply

Article 2, paragraph 1.a.i:
- Personal income tax;
- Corporate income tax.

Article 2, paragraph 1.b.iii.C:
- Value Added Tax.
Period covered: 01/01/2021 -
Articles concerned : 2


ETS No.116
European Convention on the Compensation of Victims of Violent Crimes

Declaration contained in a letter from the Chargée d'affaires of Bosnia and Herzegovina, dated 25 April 2005, deposited with the instrument of ratification on 25 April 2005 – Or. Engl.

In accordance with Article 12 of the Convention, the Government of Bosnia and Herzegovina informs that the central authority is the Ministry of Justice of Bosnia and Herzegovina.
Period covered: 01/08/2005 -
Articles concerned : 12


ETS No.108
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Declaration contained in a letter from the Permanent Representative of Bosnia and Herzegovina, dated 21 September 2012, registered at the Secretariat General on 24 September 2012 - Or. Engl.

In accordance with Article 13, paragraph 2, sub-paragraph a, of the Convention, Bosnia and Herzegovina declares that the Personal Data Protection Agency has been established by law in June 2006 as an independent administrative authority in Bosnia and Herzegovina and as a supervisory body for the protection of personal data in accordance with the Convention. The Agency is in charge of the application of the Convention in the whole territory of Bosnia and Herzegovina. The Director of the Agency if Mr Petar Kovacevic.
Period covered: 24/09/2012 -
Articles concerned : 13


ETS No.092
European Agreement on the Transmission of Applications for Legal Aid

Declaration from the Minister of Foreign Affairs of Bosnia and Herzegovina deposited with the instrument of ratification, on 30 April 2009 - Or. Engl.

In accordance with Article 2, paragraphs 1 and 2, of the Agreement, Bosnia and Herzegovina declares that the central authority responsible for receiving and transmitting applications for legal aid in Bosnia and Herzegovina is:
The Ministry of Justice of Bosnia and Herzegovina
Trg Bosne i Hercegovine 1
71000 SARAJEVO
Period covered: 31/05/2009 -
Articles concerned : 2


ETS No.062
European Convention on Information on Foreign Law

Declaration contained in a Note Verbale from the Minister for Foreign Affairs of Bosnia and Herzegovina deposited with the instrument of ratification, on 17 May 2013 - Or. Engl.

In accordance with Article 2 of the European Convention on Information on Foreign Law, Bosnia and Herzegovina declares that the designated Central Authority is:

The Ministry of Justice of Bosnia and Herzegovina
Trg Bosne i Hercegovine No. 1,
71 000 SARAJEVO
Period covered: 18/08/2013 -
Articles concerned : 2


ETS No.030
European Convention on Mutual Assistance in Criminal Matters

Note by the Secretariat: See the declaration made by Bosnia and Herzegovina to Article 6 of the Second Additional Protocol to the Convention (ETS No. 182), on 7 November 2007.
Period covered: 01/03/2008 -
Articles concerned : 24

Note by the Secretariat: See the declaration made by Bosnia and Herzegovina to Article 4 of the Second Additional Protocol to the Convention (ETS No. 182), on 7 November 2007.
Period covered: 01/03/2008 -
Articles concerned : 15


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Declaration transmitted by the Delegate of Brazil to International Economic Organisations in Paris to the Secretariat General of the OECD on 29 March 2018 - Or. Engl

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information.
Period covered: 29/03/2018 -
Articles concerned : 28

Declaration transmitted by the Secretary of the Federal Revenue of Brazil to the Secretariat General of the OECD on 23 March 2017 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on the Exchange of Country-by-Country reports.
Period covered: 23/03/2017 -
Articles concerned : 28

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 1 June 2016 - Or. Engl.

Pursuant to Article 30, paragraph 1(b), of the Convention, the Government of Brazil will not provide assistance in the recovery of any tax claim, or in the recovery of administrative fines, for all taxes.
Period covered: 01/10/2016 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 1 June 2016 - Or. Engl.

Pursuant to Article 30, paragraph 1(d), of the Convention, the Government of Brazil will not provide assistance in the service of documents for all taxes.
Period covered: 01/10/2016 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 1 June 2016 - Or. Engl.

Pursuant to Article 30, paragraph 1(e), of the Convention, the Government of Brazil will not permit the service of documents through the post, as provided for in paragraph 3 of Article 17 of the Convention.
Period covered: 01/10/2016 -
Articles concerned : 30, 17

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 1 June 2016 - Or. Engl.

Brazil ratifies the Convention with the following declaration:

ANNEX B – Competent Authorities

The Competent Authority for the Federative Republic of Brazil is the Secretary of the Federal Revenue of Brazil.
Period covered: 01/10/2016 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 1 June 2016 - Or. Engl.

Brazil ratifies the Convention with the following declaration:

ANNEX A - Taxes to which the Convention applies

Article 2, paragraph 1:
a) paragraph 1.a.i: Income Tax and Social Contribution on Net Profits;
b) paragraph 1.b.ii: Contribution for the Program for Social Integration and Social Contribution for the Financing of Social Security;
c) paragraph 1 .b.iii.D: Tax on Industrialized Products;
d) paragraph 1.b.iii.G: any other taxes administered by the Secretariat of the Federal Revenue of Brazil.
Period covered: 01/10/2016 -
Articles concerned : 2

Declaration transmitted by the Embassy of Brunei Darussalam to France and registered at the Secretariat General of the OECD on 2 January 2020 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information.
Period covered: 02/01/2020 -
Articles concerned : 28

Declaration contained in the instrument of ratification deposited with the Secretariat General of the OECD on 28 March 2019 - Or. Engl.

In accordance with Article 9, paragraph 3, of the Convention, Brunei Darussalam declares that it will not accept, as a general rule, such requests as are referred to in Article 9, paragraph 1, of the Convention.
Period covered: 01/07/2019 -
Articles concerned : 9

Declaration contained in the instrument of ratification deposited with the Secretariat General of the OECD on 28 March 2019 - Or. Engl.

In accordance with Article 4, paragraph 3, of the Convention, Brunei Darussalam declares that its authorities may inform its resident or national before transmitting information concerning him, in conformity with Articles 5 and 7 of the Convention.
Period covered: 01/07/2019 -
Articles concerned : 7, 5, 4

Reservation contained in the instrument of ratification deposited with the Secretariat General of the OECD on 28 March 2019 - Or. Engl.

Pursuant to Article 30, paragraph 1.a, of the Convention, Brunei Darussalam reserves the right not to provide any form of assistance in relation to the taxes of other Parties included in any of the categories listed in Article 2, paragraph 1.b.
Period covered: 01/07/2019 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretariat General of the OECD on 28 March 2019 - Or. Engl.

Pursuant to Article 30, paragraph 1.b, of the Convention, Brunei Darussalam reserves the right not to provide assistance in the recovery of any tax claim, or in the recovery of an administrative fine, for all taxes.
Period covered: 01/07/2019 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretariat General of the OECD on 28 March 2019 - Or. Engl.

Pursuant to Article 30, paragraph 1.c, of the Convention, Brunei Darussalam reserves the right not to provide assistance in respect of any tax claim, which is in existence at the date of entry into force of the Convention in respect of Brunei Darussalam or, where a reservation has previously been made under sub-paragraph a or b of paragraph 1 of Article 30, at the date of withdrawal of such a reservation in relation to taxes in the category in question.
Period covered: 01/07/2019 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretariat General of the OECD on 28 March 2019 - Or. Engl.

Pursuant to Article 30, paragraph 1.d, of the Convention, Brunei Darussalam reserves the right not to provide assistance in the service of documents for all taxes.
Period covered: 01/07/2019 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretariat General of the OECD on 28 March 2019 - Or. Engl.

Pursuant to Article 30, paragraph 1.e, of the Convention, Brunei Darussalam reserves the right not to permit the service of documents through the post as provided for in Article 17, paragraph 3.
Period covered: 01/07/2019 -
Articles concerned : 30, 17

Reservation contained in the instrument of ratification deposited with the Secretariat General of the OECD on 28 March 2019 - Or. Engl.

Pursuant to Article 30, paragraph 1.f, of the Convention, Brunei Darussalam reserves the right to apply paragraph 7 of Article 28 exclusively for administrative assistance related to taxable periods beginning on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of Brunei Darussalam, or where there is no taxable period, for administrative assistance related to charges to tax arising on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of Brunei Darussalam.
Period covered: 01/07/2019 -
Articles concerned : 30, 28

Declaration contained in the instrument of ratification deposited with the Secretariat General of the OECD on 28 March 2019 - Or. Engl.

ANNEX B - Competent authorities

For the purposes of Article 3, paragraph 1.d, of the Convention, the term “competent authority” in relation to Brunei Darussalam means the Minister of Finance and Economy or his authorised representative.
Period covered: 01/07/2019 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretariat General of the OECD on 28 March 2019 - Or. Engl.

ANNEX C - Definition of the word "national" for the purpose of the Convention

For the purposes of Article 3, paragraph 1.e, of the Convention, the term “national” in relation to Brunei Darussalam means any individual possessing the nationality of Brunei Darussalam, and any legal person, partnership or association deriving its status as such from the laws in force in the Brunei Darussalam.
Period covered: 01/07/2019 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretariat General of the OECD on 28 March 2019 - Or. Engl.

Brunei Darussalam ratifies the Convention with the following declaration:

ANNEX A - Taxes to which the Convention would Apply

Article 2, paragraph 1.a.i:
- Income tax imposed under Income Tax Act (Chapter 35), and
- Petroleum profits tax imposed under Income Tax (Petroleum) Act (Chapter 119).
Period covered: 01/07/2019 -
Articles concerned : 2


CETS No.223
Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Declaration contained in the full powers of signature handed over to the Secretary General of the Council of Europe at the time of signature of the instrument, on 10 October 2018 – Or. Engl., and confirmed in the instrument of ratification deposited on 10 December 2019 - Or. Engl.

The Republic of Bulgaria will apply this Protocol on a provisional basis in accordance with Article 37, paragraph 3, thereof.
Period covered: 01/02/2019 -
Articles concerned : 37


CETS No.220
Council of Europe Convention on Cinematographic Co-Production (revised)

Declaration contained in a Note verbale from the Permanent Representation of Bulgaria, dated 9 December 2019, deposited with the instrument of ratification on 10 December 2019 - Or. Engl.

In accordance with Article 5, paragraph 5, of the Convention, the Republic of Bulgaria declares that the Executive Agency “National Film Center” with the Minister of Culture has been designated as the competent authority.
Period covered: 01/04/2020 -
Articles concerned : 5


CETS No.201
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse

Declaration contained in the instrument of ratification deposited on 15 December 2011 - Or. Engl.

In accordance with Article 37, paragraph 2, of the Convention, the Republic of Bulgaria designates as the national authority in charge for the purposes of Article 37, paragraph 1, of the Convention:

The Research Institute for Forensic Science and Criminology
1, Alexandar Malinov bul.
1715 Sofia, P.O. Box 934
Tel: + 359 2 982 9006
Fax: + 359 2 987 8210
Email: int.27@mvr.bg
Period covered: 01/04/2012 -
Articles concerned : 37

Reservation contained in the instrument of ratification deposited on 15 December 2011 - Or. Engl.

In accordance with Article 24, paragraph 3, of the Convention, the Republic of Bulgaria declares that it will not apply in whole paragraph 2 of Article 24 to offences established in accordance with Article 20, paragraph 1.f.
Period covered: 01/04/2012 -
Articles concerned : 24

Reservation contained in the instrument of ratification deposited on 15 December 2011 - Or. Engl.

In accordance with Article 21, paragraph 2, of the Convention, the Republic of Bulgaria declares that it will apply paragraph 1.c of Article 21 only in cases where children have been recruited or coerced in conformity with paragraph 1.a or b of the said Article.
Period covered: 01/04/2012 -
Articles concerned : 21

Reservation contained in the instrument of ratification deposited on 15 December 2011 - Or. Engl.

In accordance with Article 20, paragraph 4, of the Convention, the Republic of Bulgaria declares that it will not apply in whole paragraph 1.f of Article 20.
Period covered: 01/04/2012 -
Articles concerned : 20


CETS No.198
Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

Declaration contained in a Note verbale from the Permanent Representation of Bulgaria to the Council of Europe, dated 3 November 2017, registered at the Secretariat General on 7 November 2017 - Or. Engl.

The Republic of Bulgaria declares that in accordance with Article 46, paragraph 13, of the Convention, Bulgaria notifies as Financial Intelligence Unit (FIU) the Financial Intelligence Directorate (FID) to the State Agency for National Security (SANS):

Sofia 1407
45 ”CHERNI VRAH”BIVD.
Tel. 00359 2 814 79 51
Fax. 00359 2 814 7889
fid@dans.bg
Period covered: 07/11/2017 -
Articles concerned : 46

Reservation contained in the instrument of ratification deposited on 25 February 2013 Or. Engl.

In accordance with Article 53, paragraph 4, of the Convention, the Republic of Bulgaria declares that it shall not apply Article 3, paragraph 4, of this Convention.
Period covered: 01/06/2013 -
Articles concerned : 53

Reservation contained in the instrument of ratification deposited on 25 February 2013 Or. Engl.

In accordance with Article 42, paragraph 2, of the Convention, the Republic of Bulgaria declares that information or evidence provided by it under Chapter IV of the Convention may not, without the prior consent of the competent Bulgarian authorities, be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.
Period covered: 01/06/2013 -
Articles concerned : 42

Declaration contained in the instrument of ratification deposited on 25 February 2013 Or. Engl.

In accordance with Article 35, paragraph 1, of the Convention, the Republic of Bulgaria declares that concerning requests which are sent and received electronically or by any other means of telecommunication, the Bulgarian competent authorities shall be able to request the certification of authenticity of the materials sent, as well as to obtain originals by express mail.
Period covered: 01/06/2013 -
Articles concerned : 35

Declaration contained in the instrument of ratification deposited on 25 February 2013 Or. Engl.

In accordance with Article 35, paragraph 3, of the Convention, the Republic of Bulgaria declares that, for each individual case, it will require requests and supporting documents sent to it pursuant to Article 35, paragraph 1, to be accompanied by a translation into Bulgarian or into one of the official languages of the Council of Europe.
Period covered: 01/06/2013 -
Articles concerned : 35

Declaration contained in the instrument of ratification deposited on 25 February 2013 Or. Engl.

In accordance with Article 33, paragraph 2, of the Convention, the Republic of Bulgaria declares that requests made under Chapter IV shall be sent and received through the following central authorities :

- the General Prosecutor's Office of the Republic of Bulgaria – for the pre-trial stage of the criminal proceedings;
- the Ministry of Justice of the Republic of Bulgaria – for the trial stage.
Period covered: 01/06/2013 -
Articles concerned : 33

Declaration contained in the instrument of ratification deposited on 25 February 2013 Or. Engl.

In accordance with Article 24, paragraph 3, of the Convention, the Republic of Bulgaria declares that the provisions of Article 24, paragraph 2, shall apply only subject to its constitutional principles and the basic concepts of its legal system.
Period covered: 01/06/2013 -
Articles concerned : 24


ETS No.185
Convention on Cybercrime

Declaration contained in a Note verbale from the Permanent Representation of Bulgaria, dated 9 September 2005, registered at the Secretariat General on 12 September 2005 – Or. Engl., updated by a communication from Bulgaria registered at the Secretariat General on 21 June 2010 - Or. Engl.

In accordance with Article 35, paragraph 1, of the Convention, the Republic of Bulgaria declares that it designates the National Service for Combating Organized Crime under the Ministry of Interior to perform the functions of point of contact for the purpose of investigations concerning cybercrime:

Computer crimes and intellectual property division
Chief Directorate "Combating Organized Crime"
Ministry of Interior of the Republic of Bulgaria.

[Note by the Secretariat: For For more information please contact the Executive Secretary of the Cybercrime Convention Committee, alexander.seger@coe.int.]
Period covered: 12/09/2005 -
Articles concerned : 35

Declaration contained in a Note verbale from the Permanent Representation of Bulgaria, dated 9 September 2005, registered at the Secretariat General on 12 September 2005 – Or. Engl.

In accordance with Article 27, paragraph 2.c, of the Convention, the Republic of Bulgaria declares that it designates the following Central Authorities responsible for sending and answering requests for mutual assistance:

– the Supreme Cassation Prosecutor's Office – in respect of requests for mutual assistance at the stage of pre-trial proceeding;

– the Ministry of Justice – in respect of requests for mutual assistance at the stage of the trial.
Period covered: 12/09/2005 -
Articles concerned : 27

Declaration contained in a Note verbale from the Permanent Representation of Bulgaria, dated 9 September 2005, registered at the Secretariat General on 12 September 2005 – Or. Engl.

In accordance with Article 24, paragraph 7.a, of the Convention, the Republic of Bulgaria declares that it designates the Ministry of Justice as the Central Authority responsible for making or receiving requests for extradition, and the Supreme Cassation Prosecutor's Office as the Central Authority responsible for making and receiving requests for provisional arrest.
Period covered: 12/09/2005 -
Articles concerned : 24

Reservation contained in the instrument of ratification deposited on 7 April 2005 – Or. Engl.

In accordance with Article 14, paragraph 3, of the Convention, the Republic of Bulgaria reserves the right to apply the measures referred to in Article 20 only to serious offences, as they are defined by the Bulgarian Criminal Code.
Period covered: 01/08/2005 -
Articles concerned : 14


ETS No.182
Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Declaration contained in the instrument of ratification of the Second Additional Protocol to the Convention, deposited on 11 May 2004 – Or. Engl.

The Republic of Bulgaria declares that, for the purposes of the Convention, it defines to be judicial authorities the Courts, the public prosecutor's offices, the investigation authorities and the Ministry of Justice.
Period covered: 11/05/2004 -
Articles concerned : 6

Declaration contained in the instrument of ratification deposited on 11 May 2004 - Or. Engl.

In accordance with Article 15, paragraph 6, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4 of the Second Additional Protocol, the Republic of Bulgaria defines courts that have passed the convictions as competent authorities to which requests for copies of convictions and subsequent measures under Article 4 of the Second Additional Protocol may be forwarded.

In accordance with Article 15, paragraph 8, sub-paragraph b, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4 of the Second Additional Protocol, the Republic of Bulgaria declares that execution of all requests for legal assistance shall be determined by observation of the requirement of sub-paragraph "b" of paragraph 8 of Article 15. Central authority under sub-paragraph "b" regarding requests for legal assistance in pre-trial proceedings shall be the Supreme Cassation Prosecutor's Office, and for the rest of the requests for legal assistance under sub-paragraph "b", the Ministry of Justice.

In accordance with Article 15, paragraph 9, of the European Convention on Mutual Assistance in Criminal Matters, as worded by Article 4 of the Second Additional Protocol, the Republic of Bulgaria declares that requests for legal assistance and any other communications under Article 15, paragraph 9, received by fax and e-mail shall be accepted and executed, provided that the requesting Party shall verify their authenticity, if requested.
Period covered: 01/09/2004 -
Articles concerned : 4

Declaration contained in the instrument of ratification deposited on 11 May 2004 - Or. Engl.

In accordance with Article 33, paragraph 1, of the Second Additional Protocol, the Republic of Bulgaria declares that it shall not apply its declaration on Article 15, paragraph 6, of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 to the provisions of this Protocol.
Period covered: 01/09/2004 -
Articles concerned : 33

Reservation contained in the instrument of ratification deposited on 11 May 2004 - Or. Engl.

In accordance with Article 33, paragraph 2 and in connection with Article 16, of the Second Additional Protocol, the Republic of Bulgaria declares that it does not accept the service of procedural documents and judicial decisions on defendants and accused persons directly by post.
Period covered: 01/09/2004 -
Articles concerned : 33

Declaration contained in the instrument of ratification deposited on 11 May 2004 - Or. Engl.

In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Republic of Bulgaria declares that within the framework of the procedures for which the Republic of Bulgaria could have refused or limited the transmission or the use of personal data in accordance with the provisions of the Convention or one of its Protocols, personal data transmitted to another Contracting Party will be used by the latter for the purposes of Article 26, paragraph 1, only with the previous consent of the Republic of Bulgaria.
Period covered: 01/09/2004 -
Articles concerned : 26

Declaration contained in the instrument of ratification deposited on 11 May 2004 - Or. Engl.

In accordance with Article 19, paragraph 4 in connection with paragraph 2, of the Second Additional Protocol, the Republic of Bulgaria defines the Supreme Cassation Prosecutor's Office to be the competent authority entitled to decide on the request of covert investigation.
Period covered: 01/09/2004 -
Articles concerned : 19

Declaration contained in the instrument of ratification deposited on 11 May 2004 - Or. Engl.

In accordance with Article 18, paragraph 4 in connection with paragraphs 2 and 3, of the Second Additional Protocol, the Republic of Bulgaria defines the Supreme Cassation Prosecutor's Office to be the competent authority entitled to govern, control and decide on controlled delivery.
Period covered: 01/09/2004 -
Articles concerned : 18

Declaration contained in the instrument of ratification deposited on 11 May 2004 - Or. Engl.

In accordance with Article 17, paragraph 4 in connection with paragraphs 1 and 2, of the Second Additional Protocol, the Republic of Bulgaria defines the Supreme Cassation Prosecutor's Office to be the competent authority to which shall be submitted requests for legal assistance under Article 17, paragraph 1, and, in case of urgency in the course of observation, to be immediately notified of crossing the border under Article 17, paragraph 2. The officers, indicated in paragraphs 1 and 2 of the same article, who are to conduct the cross-border observation, will be investigators from the National Investigation Service, and the Ministry of the Interior will render co-operation.
Period covered: 01/09/2004 -
Articles concerned : 17

Declaration contained in the instrument of ratification deposited on 11 May 2004 - Or. Engl.

In accordance with Article 13, paragraph 7, of the Second Additional Protocol, the Republic of Bulgaria declares that consent of the person concerned in Article 13, paragraph 3, will be required before an agreement is reached between the competent authorities under paragraph 1 of the same article.
Period covered: 01/09/2004 -
Articles concerned : 13

Declaration contained in the instrument of ratification deposited on 11 May 2004 - Or. Engl.

In accordance with Article 11, paragraph 4, of the Second Additional Protocol, the Republic of Bulgaria declares that conditions, imposed by the Party which provides spontaneous information, shall be observed only if that Party has previously notified of the nature of the information to be provided and Bulgaria has agreed to its transmission.
Period covered: 01/09/2004 -
Articles concerned : 11


ETS No.181
Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows

Declaration contained in a note verbale from the Permanent Representation of Bulgaria, dated 5 July 2010, deposited simultaneously with the instrument of ratification on 8 July 2010 Or. Engl.

In accordance with Article 1, paragraph 1, of the Additional Protocol, Bulgaria declares the following:

a. The supervisory authority under Article 1, paragraph 1, of the Additional Protocol is the Commission for Protection of Personal Data;
b. The Commission for Protection of Personal Data is an independent state authority which exercises the protection of individuals in processing of their personal data and in providing the access to these data;
c. The Commission for Protection of Personal Data passes decisions to complaints submitted by individuals concerning violation of their rights with regard to the processing of personal data;
d. The decisions of the Commission for Protection of Personal Data are subject to appeal before the Supreme Administrative Court;
e. The transfer of personal data to another State is admitted only if it ensures an adequate level of protection of the personal data on its territory.
Period covered: 01/11/2010 -
Articles concerned : 1


ETS No.180
Convention on Information and Legal Co-operation concerning "Information Society Services"

Declaration contained in a Note Verbale from the Permanent Representation of Bulgaria transmitted at the time of deposit of the instrument of ratification, on 30 June 2005 - Or. Engl.

In accordance with the provisions of Article 3 of the Convention, the Republic of Bulgaria designates the State Agency for Metrology and Technical Surveillance to be a National Coordination Center for Exchange of information.
Articles concerned : 3


ETS No.173
Criminal Law Convention on Corruption

Declaration contained in a Note verbale from the Permanent Representation of Bulgaria, dated 27 November 2003, registered at the Secretariat General on 1 December 2003 - Or. Engl.

Bulgaria declares that the central authority designated for the purposes of Article 29 of the Convention is the Ministry of Justice, 1 Slavianska Str., 1000 Sofia - Bulgaria.
Period covered: 01/12/2003 -
Articles concerned : 29


ETS No.169
Protocol No. 2 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning interterritorial co-operation

Declaration contained in the instrument of ratification deposited on 30 June 2005 - Or. Engl.

In accordance with Article 6, paragraph 1, of Protocol No. 2, the Republic of Bulgaria declares that it will apply the provisions of Article 4 of the Additional Protocol only.
Period covered: 01/10/2005 -
Articles concerned : 6


ETS No.166
European Convention on Nationality

Reservation contained in the instrument of ratification deposited on 2 February 2006 - Or. Engl.

In accordance with Article 29, paragraph 1, of the Convention, the Republic of Bulgaria reserves the right not to apply the provision of Article 11 of the Convention.
Period covered: 01/06/2006 -
Articles concerned : 29, 11

Reservation contained in the instrument of ratification deposited on 2 February 2006 - Or. Engl.

In accordance with Article 29, paragraph 1, of the Convention, the Republic of Bulgaria reserves the right not to apply the provision of Article 12 of the Convention.
Period covered: 01/06/2006 -
Articles concerned : 29, 12

Reservation contained in the instrument of ratification deposited on 2 February 2006 - Or. Engl.

In accordance with Article 29, paragraph 1, of the Convention, the Republic of Bulgaria reserves the right not to apply the provision of Article 16 of the Convention.
Period covered: 01/06/2006 -
Articles concerned : 29, 16

Reservation contained in the instrument of ratification deposited on 2 February 2006 - Or. Engl.

In accordance with Article 29, paragraph 1, of the Convention, the Republic of Bulgaria reserves the right not to apply the provision of Article 17, paragraph 1, of the Convention. Under the terms of this reservation, the Republic of Bulgaria shall not apply in respect of the nationals of the Republic of Bulgaria in possession of another nationality and residing on its territory the rights and duties for which the Constitution and laws require only Bulgarian nationality.
Period covered: 01/06/2006 -
Articles concerned : 29, 17

Declaration contained in the instrument of ratification deposited on 2 February 2006 - Or. Engl.

Pursuant to Article 22, paragraph b, of the Convention, the Republic of Bulgaria declares that in the Republic of Bulgaria the age limit for compulsory military recruitment is 27.
Period covered: 01/06/2006 -
Articles concerned : 22


ETS No.165
Convention on the Recognition of Qualifications concerning Higher Education in the European Region

Declaration contained in a letter from the Chargée d'Affaires a.i. of Bulgaria, dated 29 September 2000, registered at the Secretariat General on 2 October 2000 - Or. Fr.

The authorities competent to make different categories of decision in recognition cases are : the Ministry of Education and Science of the Republic of Bulgaria and Higher Education Institutions.
Period covered: 02/10/2000 -
Articles concerned : II.2

Declaration contained in a Note Verbale from the Permanent Representation of Bulgaria, dated 19 May 2000, handed at the time of deposit of the instrument of ratification, on 19 May 2000 - Or. Fr.

In accordance with Article IX.2 of the Convention, the functions of the Bulgarian Centre for Equivalence and Information are fulfilled by the National Centre for Information on Academic Recognition the Ministry of Education and Science's "International Activities" Directorate (address: 2 A, bd. Kniaz Dondoukov, Sofia 1000, tel. +359.2.9880.494 ; fax: +359.2.9880.600 ; email: intcoop@minedu.govern.bg).
Period covered: 01/07/2000 -
Articles concerned : IX.2


ETS No.163
European Social Charter (revised)

Declaration contained in a Note verbale from the Permanent Representation of Bulgaria, dated 16 February 2007 and registered at the Secretariat General on 20 February 2007 - Or. Engl.

In accordance with Part III, Article A, paragraph 3, of the European Social Charter (revised), the Republic of Bulgaria declares that it considers itself bound by Part II, Article 2, paragraph 3, of the revised Charter.
Period covered: 01/04/2007 -
Articles concerned : A

Declaration contained in the instrument of ratification deposited on 7 June 2000 - Or. Engl.

In accordance with Part IV, Article D, paragraph 2, of the Charter, the Republic of Bulgaria accepts the supervision of its obligations under this Charter following the procedure provided in the Additional Protocol to the European Social Charter providing for a system of collective complaints of 9 November 1995.
Period covered: 01/08/2000 -
Articles concerned : D

Declaration contained in the instrument of ratification deposited on 7 June 2000 - Or. Fr.

In accordance with Part III, Article A, paragraph 1, of the Charter, the Republic of Bulgaria declares the following :

1. The Republic of Bulgaria considers Part I of this Charter as a declaration of the aims which it will pursue by all appropriate means both national and international in character, as stated in the introductory paragraph of that Part.

2. The Republic of Bulgaria considers itself bound by the following Articles of Part II of the Charter:

Article 1
Article 2, paragraphs 2, 4-7
Article 3
Article 4, paragraphs 2-5
Articles 5, 6, 7, 8, 11
Article 12, paragraphs 1 and 3
Article 13, paragraphs 1-3
Articles 14,16
Article 17, paragraph 2
Article 18, paragraph 4,
Articles 20, 21, 22, 24, 25, 26
Article 27, paragraphs 2 and 3
Articles 28 and 29.
Period covered: 01/08/2000 -
Articles concerned : A


ETS No.161
European Agreement relating to persons participating in proceedings of the European Court of Human Rights

Declaration contained in the full powers of signature handed to the Secretary General on 3 July 2000 - Or. Eng. and confirmed in the instrument of ratification deposited on 31 May 2001 - Or. Eng./Bul.

The Republic of Bulgaria declares that the provisions of Article 4, paragraph 2 (a), of the Agreement will not apply to its own nationals.
Articles concerned : 4


ETS No.159
Additional Protocol to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities

Declaration contained in the instrument of ratification deposited on 30 June 2005 - Or. Engl.

In accordance with Article 8, paragraph 1, of the Additional Protocol, the Republic of Bulgaria declares that it will apply the provisions of Article 4 only.
Period covered: 01/10/2005 -
Articles concerned : 8


ETS No.157
Framework Convention for the Protection of National Minorities

Declaration contained in the instrument of ratification deposited on 7 May 1999 - Or. Eng./Bulg.

Confirming its adherence to the values of the Council of Europe and the desire for the integration of Bulgaria into the European structures, committed to the policy of protection of human rights and tolerance to persons belonging to minorities, and their full integration into Bulgarian society, the National Assembly of the Republic of Bulgaria declares that the ratification and implementation of the Framework Convention for the Protection of National Minorities do not imply any right to engage in any activity violating the territorial integrity and sovereignty of the unitary Bulgarian State, its internal and international security.
Period covered: 01/09/1999 -
Articles concerned : -


ETS No.147
European Convention on Cinematographic Co-Production

Declaration contained in a Note verbale from the Permanent Representation of Bulgaria handed over to the Secretary General at the time of deposit of the instrument of ratification, on 27 April 2004 - Or. Engl.

In accordance with Article 5, paragraph 5, of the Convention, the Republic of Bulgaria declares that the National Film Center at the Ministry of Culture has been designated as the competent authority.
Period covered: 01/08/2004 -
Articles concerned : 5


ETS No.143
European Convention on the Protection of the Archaeological Heritage (Revised)

Declaration contained in the instrument of ratification, deposited on 1 June 1993 - Or. Engl.

The Republic of Bulgaria will continue to apply the denounced European Convention on the Protection of the Archaeological Heritage, signed in London on 6 May 1969, until the entry into force of the European Convention on the Protection of the Archaeological Heritage (revised) of 1992.
Articles concerned : 14


ETS No.141
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime

Reservation contained in the instrument of ratification, deposited on 2 June 1993 - Or. Engl.

In accordance with Article 32, paragraph 2 of the Convention, the Republic of Bulgaria declares that information or evidence provided by it under Chapter III of the Convention may not, without the prior consent of the competent Bulgarian authorities, be used or transmitted by the requesting Party in investigations or proceedings other than those specified in the request.
Period covered: 01/10/1993 -
Articles concerned : 32

Reservation contained in the instrument of ratification, deposited on 2 June 1993 - Or. Engl.

In accordance with Article 25, paragraph 3 of the Convention, the Republic of Bulgaria declares that, for each individual case, it will require requests and supporting documents sent to it pursuant to Article 25, paragraph 1 to be accompanied by a translation into Bulgarian or into such one of the official languages of the Council of Europe as it shall indicate.
Period covered: 01/10/1993 -
Articles concerned : 25

Declaration contained in the instrument of ratification, deposited on 2 June 1993 - Or. Engl.

The Republic of Bulgaria declares, with regard to the application of Article 15 of the Convention, that it proposes to conclude reciprocal agreements whereby property to which it may have a claim and which has been confiscated by a Party to the Convention will be returned.
Period covered: 01/10/1993 -
Articles concerned : 15

Reservation contained in the instrument of ratification, deposited on 2 June 1993 - Or. Engl.

In accordance with Article 14, paragraph 3 of the Convention, the Republic of Bulgaria declares that the provisions of Article 14, paragraph 2 shall apply only subject to its constitutional principles and the basic concepts of its legal system.
Period covered: 01/10/1993 -
Articles concerned : 14


ETS No.132
European Convention on Transfrontier Television

Declaration contained in a Note Verbale from the Permanent Representation of Bulgaria, handed to the Secretary General at the time of deposit of the instrument of ratification, on 3 March 1999 - Or. fr.

The authorities designated in accordance with Article 19 of the European Convention on Transfrontier Television, following the decision No. 81 of the Council of Ministers of the Republic of Bulgaria, dated 12 February 1999, are:

1. The National Council for Radio and Television, address: 1, "Alexander Batenberg" Square, Sofia 1000.
2. The State Commission for Telecommunications, address: 6, "Gourko" Street, Sofia 1000.

The competence of these two authorities, concerning the co-operation between member States, foreseen in paragraph 3 of Article 19 of the Convention, are distributed as following:

- The National Council for Radio and Television - authority for co-operation in accordance with letters "a", "b", "c" et "d" of paragraph 3 of Article 19 of the Convention;
- The State Commission for Telecommunications - authority for co-operation in accordance with letters "c" et "d" of paragraph 3 of Article 19 of the Convention - only concerning technical questions.
Period covered: 01/07/1999 -
Articles concerned : 19


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Declaration transmitted by a letter from the Ambassador of Bulgaria in France, dated 24 November 2017, registered at the Secretariat General of the OECD on 30 November 2017 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on the Exchange of Country-by-Country reports.
Period covered: 30/11/2017 -
Articles concerned : 28

Declaration contained in a Note Verbale from the Permanent Representation of Bulgaria and in the instrument of ratification, deposited simultaneously on 14 March 2016 - Or. Engl.

ANNEX B – Competent authorities

The Minister of Finance, the Executive Director of the National Revenue Agency or their authorised representative will be the competent authorities in Bulgaria under Annex B of the Convention.


Period covered: 01/07/2016 -
Articles concerned : 3

Declaration transmitted by the Permanent Representation of Bulgaria at the time of deposit of the instrument of ratification on 14 March 2016 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information pursuant to Article 28, paragraph 6 of the Convention as amended by the Protocol. .
Period covered: 01/07/2016 -
Articles concerned : 28

Declaration contained in a Note Verbale from the Permanent Representation of Bulgaria and in the instrument of ratification, deposited simultaneously on 14 March 2016 - Or. Engl.

ANNEX A – Taxes to which the Convention would apply

Article 2, paragraph 1.a.i:
• Personal income tax
• Corporate income tax
Article 2, paragraph 1.a.ii:
• --
Article 2, paragraph 1.a.iii:
• --
Article 2, paragraph 1.b.i:
• --
Article 2, paragraph 1.b.ii:
• Compulsory social security contributions payable to general government or to social security institutions established under public law.
Article 2, paragraph 1.b.iii.A:
• --
Article 2, paragraph 1.b.iii.B:
• --
Article 2, paragraph 1.b.iii.C:
• Value added tax
Article 2, paragraph 1.b.iii.D:
• --
Article 2, paragraph 1.b.iii.E:
• --
Article 2, paragraph 1.b.iii.F:
• --
Article 2, paragraph 1.b.iii.G:
• --


Period covered: 01/07/2016 -
Articles concerned : 2

Declaration contained in a Note Verbale from the Minister of Finance of the Republic of Bulgaria, dated 21 October 2015, registered at the Secretariat General of the OECD on 17 December 2015 - Or. Engl.

ANNEX B – Competent Authorities

The Minister of Finance of the Republic of Bulgaria or his, her authorised representative.
Articles concerned : 3


ETS No.122
European Charter of Local Self-Government

Declaration contained in a Note verbale from the Permanent Representation of Bulgaria, dated 7 August 2012, registered at the Secretariat General on 8 August 2012 - Or. Engl.

In accordance with Article 12, paragraph 3, of the European Charter of Local Self-Government, the Republic of Bulgaria withdraws its declaration with regards to Article 7, paragraph 2 of this treaty, following the adoption of a Law to this effect by the National Assembly of the Republic of Bulgaria on 11 July 2012, and will henceforth be bound also by the said provision.

[Note by the Secretariat:

The declaration made at the time of ratification of the Charter by Bulgaria reads henceforth as follows:
“The Republic of Bulgaria shall be considered bound by all the paragraphs of Part I of the European Charter.”]
Period covered: 01/12/2012 -
Articles concerned : 7


ETS No.112
Convention on the Transfer of Sentenced Persons

Amendment of declaration contained in a Note Verbale from the Permanent Representation of Bulgaria, dated 7 March 2002, registered at the Secretariat General on 11 March 2002 - Or. Engl.

The Republic of Bulgaria declares that it will require that requests for transfer and supporting documents be accompanied by a translation into Bulgarian, or in the absence of such, with a translation into either one of the official languages of the Council of Europe.
Period covered: 11/03/2002 -
Articles concerned : 17

Declaration made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or. Fr. .

The Republic of Bulgaria declares that in accordance with current law it will apply the procedure provided for in Article 9 paragraph 1 (a) and Article 10 of the Convention.
Period covered: 01/10/1994 -
Articles concerned : 9, 3

Declaration made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or. Fr. .

The Republic of Bulgaria declares that the consent of the person concerned cannot be withdrawn after the authorities responsible for his transfer have taken their decision.
Period covered: 01/10/1994 -
Articles concerned : 7


ETS No.105
European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children

Declaration contained in the instrument of ratification deposited on 5 June 2003 - Or. Engl.

In accordance with Article 6, paragraph 3, of the Convention, the Republic of Bulgaria declares that it will require translation in the Bulgarian language of any communication covered by Article 6 and of any document covered by Article 13, transmitted by States which use the reservation and have excluded the application of Article 6, paragraph 1. b, regarding the two official languages of the Council of Europe.
Period covered: 01/10/2003 -
Articles concerned : 6

Declaration contained in the instrument of ratification deposited on 5 June 2003 - Or. Engl.

In accordance with Article 2 of the Convention, the Republic of Bulgaria designates as a Central authority the Ministry of Justice with the following address: Republic of Bulgaria, Sofia 1040 No. 1, Slavianska str.
Period covered: 01/10/2003 -
Articles concerned : 2

Reservation contained in the instrument of ratification deposited on 5 June 2003 - Or. Engl.

In accordance with Article 17, paragraph 1, of the Convention, the Republic of Bulgaria declares that, in the cases covered by Articles 8 and 9, recognition and enforcement of decisions relating to custody of children may be refused on such grounds provided under Article 10, paragraphe 1 of the Convention.
Period covered: 01/10/2003 -
Articles concerned : 17, 10

Declaration contained in the instrument of ratification deposited on 5 June 2003 - Or. Engl.

In relation to Article 1. a of the Convention, the Republic of Bulgaria declares that habitual residence means the present address of the child, i.e. the address at which the person has resided in the last six months.
Period covered: 01/10/2003 -
Articles concerned : 1


ETS No.104
Convention on the Conservation of European Wildlife and Natural Habitats

Reservation contained in the instrument of ratification, deposited on 31 January 1991 - Or. Fr.

In pursuance of paragraph 1 of Article 22 of the Convention on the Conservation of European Wildlife and Natural Habitats of 1979, the Republic of Bulgaria reserves the right not to apply the provisions of the Convention in respect of the following species included in Annex II of the said Convention:
mammals - Citellus citellus, Canis lupus, Ursus arctus, Felis silvestris;
reptiles - Lacerta viridis, Lacerta trilineata, Lacerta agilis, Podarcis muralis, Podarcis taurica, Podarcis erhardii, Natrix tessellata;
amphibians - Rama dalmatina.

Because of their large population in the Republic of Bulgaria, the protection of these species in its territory does not prove to be necessary.
Period covered: 01/05/1991 -
Articles concerned : 22


ETS No.099
Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or.Fr.

The Republic of Bulgaria declares that it accepts Chapter I only in respect of acts which are offences under Bulgarian criminal law.
Period covered: 15/09/1994 -
Articles concerned : 1


ETS No.098
Second Additional Protocol to the European Convention on Extradition

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or. Fr. .

In accordance with Article 9 paragraph 2, the Republic of Bulgaria declares that it reserves the right not to accept Chapter I and the right to accept Chapter II in respect of offences concerning taxes, customs charges and currency exchange charges which are punishable under the Bulgarian Criminal Code.
Period covered: 15/09/1994 -
Articles concerned : 2, 1


ETS No.097
Additional Protocol to the European Convention on Information on Foreign Law

Declaration contained in a letter from the Minister of Foreign Affairs of Bulgaria, dated 25 February 1991, registered at the Secretariat General on 18 March 1991 - Or. Bulg.

Receiving and Transmitting Agency :

Ministry of Justice, 2, bd Dondoukov, SOFIA 1040, BULGARIA
Tel : 2 - 8601 Telex : 23882
Period covered: 01/05/1991 -
Articles concerned : 4


ETS No.092
European Agreement on the Transmission of Applications for Legal Aid

Reservation contained in the instrument of ratification, deposited on 31 May 1996 - Or. Fr.

According to Article 13, paragraph 1, of the Agreement, the Republic of Bulgaria declares that she entirely excludes the application of Article 6, paragraph 1(b).
Period covered: 01/07/1996 -
Articles concerned : 6

Declaration contained in the instrument of ratification, deposited on 31 May 1996 - Or. Fr.

According to Article 8 of the Agreement, the Republic of Bulgaria designates the Ministry of Justice as central receiving and transmitting authority, in charge of transmitting and receiving the applications for legal aid.
Period covered: 01/07/1996 -
Articles concerned : 2

Reservation made at the time of signature, on 27 November 1995 - Or. Fr.

According to Article 13, paragraph 1, of the Agreement, the Republic of Bulgaria declares that she entirely excludes the application of Article 6, paragraph 1(b).
Period covered: 01/07/1996 -
Articles concerned : 6


ETS No.073
European Convention on the Transfer of Proceedings in Criminal Matters

Reservation contained in the instrument of ratification deposited on 30 March 2004 - Or. Engl.

In accordance with Article 41, paragraph 1, of the Convention, the Republic of Bulgaria reserves its right:

a) to refuse a request for proceedings, if it considers that the offence is a purely religious offence (Appendix I, sub-paragraph a);
b) to refuse a request for proceedings for an act the sanctions for which, in accordance with its own law, can be imposed only by an administrative authority (Appendix I, sub-paragraph b);
c) not to accept Article 22 (Appendix I, sub-paragraph c);
d) not to accept Article 23 (Appendix I, sub-paragraph d);
e) not to accept the provisions contained in the second sentence of Article 25 (Appendix I, sub-paragraph e);
f) not to accept the provisions laid down in Article 26, paragraph 2 (Appendix I, sub-paragraph f);
g) not to apply Articles 30 and 31 in respect of an act for which the sanctions, in accordance with its own law or that of the other State concerned, can be imposed only by an administrative authority (Appendix I, sub-paragraph g).
Period covered: 01/07/2004 -
Articles concerned : 41

Declaration contained in the instrument of ratification deposited on 30 March 2004 - Or. Engl.

In accordance with Article 18, paragraph 2, of the Convention, the Republic of Bulgaria declares that requests and all the relevant documents shall be accompanied by a translation into one of the official languages of the Councill of Europe or into Bulgarian language.
Period covered: 01/07/2004 -
Articles concerned : 18

Declaration contained in the instrument of ratification deposited on 30 March 2004 - Or. Engl.

In accordance with Article 13, paragraph 3, of the Convention, the Republic of Bulgaria declares that the requests for transfer of criminal proceedings shall be sent and received through:

. the General Prosecutor’s Office of the Republic of Bulgaria, during the pre-trial stage of the criminal proceedings;
. the Ministry of Justice of the Republic of Bulgaria, during the trial stage.
Period covered: 01/07/2004 -
Articles concerned : 13


ETS No.070
European Convention on the International Validity of Criminal Judgments

Reservation contained in the instrument of ratification deposited on 30 March 2004 - Or. Engl.

In accordance with Article 61, paragraph 1, of the Convention, the Republic of Bulgaria reserves the right :

a) to refuse enforcement if it considers that the sentence relates to a religious offence (Appendix I, sub-paragraph a);
b) to refuse enforcement of a sanction for an act which according to the Bulgarian law could have been dealt with only by an administrative authority (Appendix I, sub-paragraph b);
c) to refuse enforcement of a European criminal judgment which the authorities of the requesting State rendered on a date when, under its own law, the criminal proceedings in respect of the offence punished by the judgment would have been precluded by the lapse of time (Appendix I, sub-paragraph c);
d) to refuse the enforcement of sanctions rendered in absentia and ordonnances pénales (Appendix I, sub-paragraph d);
e) to refuse the application of the provisions of Article 8 where it has an original competence and to recognise in these cases only the equivalence of acts interrupting or suspending time limitation which have been accomplished in the requesting State (Appendix I, sub-paragraph e).
Period covered: 01/07/2004 -
Articles concerned : 61

Declaration contained in the instrument of ratification deposited on 30 March 2004 - Or. Engl.

In accordance with Article 19, paragraph 2, of the Convention, the Republic of Bulgaria declares that the requests and accompanying documents shall be translated into Bulgarian language.
Period covered: 01/07/2004 -
Articles concerned : 19


ETS No.067
European Agreement relating to Persons participating in Proceedings of the European Commission and Court of Human Rights

Declaration contained in a letter from the Permanent Representation, dated 29 September 1994, handed to the Secretary General at the time of signature, on 3 October 1994 - Or. Engl.

The Republic of Bulgaria declares that the provisions of Article 4, paragraph 2a, shall not apply to Bulgarian citizens.
Articles concerned : 4


ETS No.062
European Convention on Information on Foreign Law

Declaration contained in a letter from the Minister of Foreign Affairs of Bulgaria, dated 25 February 1991, registered at the Secretariat General on 18 March 1991. Or. Bulg.

Receiving and Transmitting Agency :
Ministry of Justice,
2, bd Dondoukov
SOFIA 1040
BULGARIE
Tel : 2 - 8601
Telex : 23882
Period covered: 01/05/1991 -
Articles concerned : 2


ETS No.030
European Convention on Mutual Assistance in Criminal Matters

Amendment of declaration contained in a Note Verbale from the Permanent Representation of Bulgaria, dated 7 March 2002, registered at the Secretariat General on 11 March 2002 - Or. Engl.

The Republic of Bulgaria declares that it will require that requests for assistance and annexed documents be accompanied by a translation into Bulgarian, or in the absence of such, by a translation into either of the official languages of the Council of Europe.
Period covered: 11/03/2002 -
Articles concerned : 16

Declaration made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or. Fr.

The Republic of Bulgaria declares that a summons on an accused person who is in its territory must be transmitted to the competent authorities no later than 50 days before the date set for that person's appearance.
Period covered: 15/09/1994 -
Articles concerned : 7

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or. Fr.

The Republic of Bulgaria declares that it reserves the right to execute letters rogatory for search or seizure of property only on the conditions set out in Article 5 paragraph 1 (a) and (c).
Period covered: 15/09/1994 -
Articles concerned : 5

Declaration made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or. Fr.

The Republic of Bulgaria declares that for the purposes of the Convention it deems to be judicial authorities the courts, the Public Prosecutor Office and the Ministry of Justice.

[Note by the Secretariat: See the declaration made by Bulgaria to Article 6 of the Second Additional Protocol to the Convention (ETS No. 182), on 11 May 2004.]
Period covered: 15/09/1994 -
Articles concerned : 24

Reservation made at the time of signature, on 30 September 1993, confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or. Fr. - and partially withdrawn by a Note verbale from the Permanent Representation of Bulgaria, dated 5 January 2004, registered at the Secretariat General on 6 January 2004 – Or. Engl.

On 12 November 2003 the National Assembly of the Republic of Bulgaria adopted a Law amending the Law for the Ratification of the European Convention on Mutual Assistance in Criminal Matters and the Additional Protocol thereto, the Convention on the Transfer of Sentenced Persons and the European Convention on Extradition and the two Additional Protocols thereto. The said Law was published in the Official Journal, No. 103/2003, dated 25 November 2003.

Therefore, the reservation made by the Republic of Bulgaria in respect of Article 2 of the European Convention on Mutual Assistance in Criminal Matters is partially withdrawn and shall read :

"The Republic of Bulgaria declares that it will refuse legal aid in cases where :

- the offender shall not be held responsible by virtue of amnesty;
- the criminal responsibility is precluded by statutory limitation;
- after having committed the offence, the offender has fallen into a state of lasting mental disturbance precluding criminal responsibility;
- there is a pending penal procedure, an enforceable sentence, an order or an enforceable decision to terminate the case, with respect to the same person for the same offence.

[Note by the Secretariat : The original reservation read as follows : " The Republic of Bulgaria declares that it will refuse assistance where:
- the committed act is not incriminated as an offence according to the Bulgarian criminal law;
- the offender shall not be held responsible by virtue of amnesty;
- the criminal responsibility is precluded by statutory limitation;
- after having committed the offence, the offender has fallen into a state of lasting mental disturbance precluding criminal responsibility;
- there is a pending penal procedure, an enforceable sentence, an order of the Public Prosecutor or an enforceable decision of the court to terminate the case, with respect to the same person for the same offence.]
Period covered: 15/09/1994 -
Articles concerned : 2

Declaration made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or. Fr.

The Republic of Bulgaria declares that requests for assistance or letters rogatory must be addressed to the Ministry of Justice.

[Note by the Secretariat: See the declaration made by Bulgaria to Article 4 of the Second Additional Protocol to the Convention (ETS No. 182), on 11 May 2004.]
Period covered: 15/09/1994 -
Articles concerned : 15

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or. Fr.

The requirement to communicate extracts from judicial records applies solely to such information concerning pending criminal cases as is not covered by official secrecy under Bulgarian law.
Period covered: 15/09/1994 -
Articles concerned : 13


ETS No.024
European Convention on Extradition

Amendment of declaration contained in a Note Verbale from the Permanent Representation of Bulgaria, dated 7 March 2002, registered at the Secretariat General on 11 March 2002 - Or. Engl.

The Republic of Bulgaria declares that it will require that all documents be sent together with a translation into Bulgarian, or in the absence of such, with a translation into either of the official languages of the Council of Europe.
Period covered: 11/03/2002 -
Articles concerned : 23

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or. Fr.

The Republic of Bulgaria declares its right to refuse extradition if the requesting party refuses extradition in similar cases, in accordance with Article 7, paragraph 2.
Period covered: 15/09/1994 -
Articles concerned : 7

Declaration made at the time of signature, on 30 September 1993, confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or. Fr. - and modified by a Note verbale from the Permanent Representation of Bulgaria, dated 5 January 2004, registered at the Secretariat General on 6 January 2004 – Or. Engl. - and by a Note Verbale from the Permanent Representation of Bulgaria, dated 10 November 2006, registered at the Secretariat General on 13 November 2006 - Or. Engl.

On 12 November 2003 the National Assembly of the Republic of Bulgaria adopted a Law amending the Law for the Ratification of the European Convention on Mutual Assistance in Criminal Matters and the Additional Protocol thereto, the Convention on the Transfer of Sentenced Persons and the European Convention on Extradition and the two Additional Protocols thereto. The said Law was published in the Official Journal, No. 103/2003, dated 25 November 2003.

On 25 october 2006, the National Assembly of Bulgaria adopted a Law by which it modified the declaration of the Republic of Bulgaria relating to paragraph 1 of Article 6 of the European Convention on Extradition.

Therefore, the text of the declaration made by the Republic of Bulgaria in respect of Article 6, paragraph 1, of the European Convention on Extradition is modified and shall read :

"The Republic of Bulgaria declares that it will refuse extradition of its nationals. The Republic of Bulgaria declares that it will recognise as a national for the purposes of the convention any person having Bulgarian nationality at the time of receiving the request for extradition."

[Note by the Secretariat: The original declaration read as follows: "The Republic of Bulgaria declares that it will recognise as a national for the purposes of the convention any person having Bulgarian nationality at the time of the extradition order."]
Period covered: 15/09/1994 -
Articles concerned : 6

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or. Fr.

Extradition for military offences which are also offences under ordinary law may be granted solely on condition that the person extradited will not be tried by a military court or accused of a military offence.
Period covered: 15/09/1994 -
Articles concerned : 4

Declaration made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or. Fr.

The Republic of Bulgaria declares that it will allow transit on the same conditions on which extradition is granted.
Period covered: 15/09/1994 -
Articles concerned : 21

Reservation made at the time of signature, on 30 September 1993, and confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 - Or. Fr.

Extradition may be refused if the person proceeded against is to be tried by a special court in the requesting state or if a sentence delivered by such a court will be executed against that person.
Period covered: 15/09/1994 -
Articles concerned : 1


ETS No.009
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

Declaration contained in the instrument of ratification, deposited on 7 September 1992 - Or. Fr.

The second provision of Article 2 of the Protocol must not be interpreted as imposing on the State additional financial commitments relating to educational establishments with a specific philosophical or religious orientation other than the commitments of the Bulgarian State provided for in the Constitution and in legislation in force in the country.
Period covered: 07/09/1992 -
Articles concerned : 2

Reservation contained in the instrument of ratification, deposited on 7 September 1992 - Or. Fr.

The terms of the second provision of Article 1 of the Protocol shall not affect the scope or content of Article 22, paragraph 1, of the Constitution of the Republic of Bulgaria, which states that : "No foreign physical person or foreign legal entity shall acquire ownership over land, except through legal inheritance. Ownership thus acquired shall be duly transferred."
Period covered: 07/09/1992 -
Articles concerned : 1


ETS No.185
Convention on Cybercrime

Declaration contained in a Note Verbale from the Embassy of Cabo Verde in Brussels, deposited with the instrument of accession on 19 June 2018 - Or. Engl.

In accordance with Article 24, 27 and 35 of the Convention, the Republic of Cabo Verde designates the following authorities mainly responsible for making or receiving requests for extradition or for mutual assistance with another State Party:

Central authority:

Attorney General’s Office, Central Department of Cooperation and Compared Law
Postal Code No. 268, Cidade da Praia, Santiago Island, Cabo Verde
Telephone: (+238) 261 68 08
Fax: (+238) 261 68 84
E-mail: Autoridade.Central@prg.gov.cv
Website: http://www.ministeriopublico.cv/

Point of contact 24/7 network

International Cooperation Office of the National Direction of Criminal Police
Postal Code No. 324, Achada Grande, Cidade da Praia, Santiago Island, Cabo Verde
and
Central Department of Cooperation and Compared Law
Postal Code No. 268, Cidade da Praia, Santiago Island, Cabo Verde

[Note by the Secretariat : For more information please contact the Executive Secretary of the Cybercrime Convention Committee, alexander.seger@coe.int.]
Period covered: 01/10/2018 -
Articles concerned : 35, 27, 24


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Reservation contained in a Note Verbale from the Ministry of Foreign Affairs and Communities of Cabo Verde, dated 27 December 2019, accompanying the instrument of ratification deposited with the Secretary General of the OECD on 6 January 2020 - Or. Engl.

In accordance with Article 30, paragraph 1.a of the Convention, the Republic of Cabo Verde will not provide any form of assistance in relation to the taxes of other Parties in any of the categories listed in sub-paragraph b. of paragraph 1 of Article 2, except for those mentioned in letters C) and D of paragraph 1.b iii) of Article 2, as included in Annex A.
Period covered: 01/05/2020 -
Articles concerned : 30

Reservation contained in a Note Verbale from the Ministry of Foreign Affairs and Communities of Cabo Verde, dated 27 December 2019, accompanying the instrument of ratification deposited with the Secretary General of the OECD on 6 January 2020 - Or. Engl.

In accordance with Article 30, paragraph 1.b of the Convention, the Republic of Cabo Verde will not provide assistance in the recovery of any tax claim, or in the recovery of an administrative fine, for all taxes listed in paragraph 1.b of Article 2, except for those mentioned in letters C) and D of paragraph 1.b iii) of Article 2, as included in Annex A.
Period covered: 01/05/2020 -
Articles concerned : 30

Reservation contained in a Note Verbale from the Ministry of Foreign Affairs and Communities of Cabo Verde, dated 27 December 2019, accompanying the instrument of ratification deposited with the Secretary General of the OECD on 6 January 2020 - Or. Engl.

In accordance with Article 30, paragraph 1.c of the Convention, the Republic of Cabo Verde will not provide assistance in respect of any tax claim, which is in existence at the date of entry into force of the Convention in respect of the Republic of Cabo Verde.
Period covered: 01/05/2020 -
Articles concerned : 30

Reservation contained in a Note Verbale from the Ministry of Foreign Affairs and Communities of Cabo Verde, dated 27 December 2019, accompanying the instrument of ratification deposited with the Secretary General of the OECD on 6 January 2020 - Or. Engl.

In accordance with Article 30, paragraph 1.d of the Convention, the Republic of Cabo Verde will not provide assistance in the service of documents for all taxes listed in paragraph 1.b of Article 2, except for those mentioned in letters C) and D of paragraph 1 .b iii) of Article 2, as included in Annex A.
Period covered: 01/05/2020 -
Articles concerned : 30

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs and Communities of Cabo Verde, dated 27 December 2019, accompanying the instrument of ratification deposited with the Secretary General of the OECD on 6 January 2020 - Or. Engl.

ANNEX B - Competent authorities

The Vice-Prime Minister and Minister of Finance, the National Director of State Revenues or their authorised representatives.
Period covered: 01/05/2020 -
Articles concerned : 3

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs and Communities of Cabo Verde, dated 27 December 2019, accompanying the instrument of ratification deposited with the Secretary General of the OECD on 6 January 2020 - Or. Engl.

ANNEX A – Taxes to which the Convention would apply

Article 2, paragraph 1.a.i:
- Personal Income Tax ( “Imposto sobre o Rendimento das Pessoas Singulares” )
- Corporate Income Tax ( “Imposto sobre o Rendimento das Pessoas Colectivas” )

Article 2, paragraph 1.a.ii:
- Single Property Tax ( “Imposto unico sobre o patrimonio, no que diz respeito aos ganhos derivados da alienaçao de bens imobiliarios” )

Article 2, paragraph 1.b.iii.C:
- Value Added Tax ( “Imposto sobre o Valor Acrescentado” )

Article 2, paragraph 1.b.iii.D:
- Special Consumption Tax ( “Imposto sobre Consumos Especiais” )
Period covered: 01/05/2020 -
Articles concerned : 2


ETS No.108
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Declaration contained in a Note Verbale from the Embassy of Cabo Verde in Brussels, deposited with the instrument of accession on 19 June 2018 Or. Engl.

In accordance with Article 13 of the Convention, the Republic of Cabo Verde designates the following competent authority for co-operation among the Parties:

National Commission of Data Protection (CNDP)
Avenida da China, Rampa da Terra Branca
Apartado 1002, C.P. 7600 - Praia, Santiago Island, Cabo Verde
Tel.: (+238) 534 03 90
E-mail: cnpd@cnpd.cv
Web site: www.cnpd.cv
Period covered: 01/10/2018 -
Articles concerned : 13


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 30 June 2015 - Or. Fr.

Pursuant to Article 30, paragraph 1.a, of the Convention, the Republic of Cameroon will not provide any form of assistance in relation to the taxes of other Parties in the following categories listed in Article 2, paragraph 1.b, of the Convention:

i. taxes on income, profits, capital gains or net wealth which are imposed on behalf of political subdivisions or local authorities of a Party;
ii. compulsory social security contributions payable to general government or to social security institutions established under public law;
iii. taxes in other categories, except customs duties, imposed on behalf of a Party, namely:
A. estate, inheritance or gift taxes,
B. taxes on immovable property,
E. taxes on the use or ownership of motor vehicles,
F. taxes on the use or ownership of movable property other than motor vehicles,
iv. taxes in categories referred to in sub-paragraph iii above which are imposed on behalf of political subdivisions or local authorities of a Party.

Pursuant to Article 30, paragraph 1.b, of the Convention, the Republic of Cameroon will not to provide assistance in the recovery of any tax claim, or in the recovery of an administrative fine, for all taxes.


Period covered: 01/10/2015 -
Articles concerned : 30

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 30 June 2015 - Or. Fr.

Cameroon ratifies the Convention with the following declaration:

ANNEX B – Competent Authorities

The Minister of Finance or its representative.
Period covered: 01/10/2015 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 30 June 2015 - Or. Fr.

ANNEX C – Definition of the word "national" for the purpose of the Convention

All individuals of Cameroonian nationality and all legal persons, partnership or capital companies, associations and other entities planned and constituted under the laws in force in Cameroon.


Period covered: 01/10/2015 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 30 June 2015 - Or. Fr.

Cameroon ratifies the Convention with the following declaration:

ANNEX A – Taxes to which the Convention would apply

Article 2, paragraph 1.a.i
. Personal income Tax,
. Corporate income tax ;
. Special tax on income;

Article 2, paragraph 1.a.ii: Taxes on capital gains which are imposed separately from the tax on income or profits;

Article 2, paragraph 1.b.iii.C: Value-added tax;

Article 2, paragraph 1.b.iii.D: Excise tax.
Period covered: 01/10/2015 -
Articles concerned : 2

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 30 June 2015 - Or. Fr.

For the purposes of this Convention, the territory of Cameroon means the territory of the Republic of Cameroon including the territorial sea and beyond it any areas outside the territorial waters of Cameroon on which in accordance with international law, Cameroon has sovereign rights for the purpose of exploitation of natural resources of the seabed and its subsoil and underlying waters.
Period covered: 01/10/2015 -
Articles concerned : -


ETS No.185
Convention on Cybercrime

Reservation contained in a Note Verbale from the Mission of Canada to the European Union, deposited with the instrument of ratification on 8 July 2015 – Or. Engl.

In accordance with Article 10, paragraph 3 and Article 42 of the Convention, Canada reserves the right not to impose criminal liability under paragraphs 1 and 2 of Article 10 since effective remedies, such as civil remedies, are available under Canadian law.
Period covered: 01/11/2015 -
Articles concerned : 42, 10

Reservation contained in a Note Verbale from the Mission of Canada to the European Union, deposited with the instrument of ratification on 8 July 2015 – Or. Engl.

In accordance with Article 22, paragraph 2 and Article 42 of the Convention, Canada reserves the right not to exert its jurisdiction in relation to its nationals who commit offences established in accordance with the Convention outside its territorial jurisdiction.
Period covered: 01/11/2015 -
Articles concerned : 42, 22

Declaration contained in a Note Verbale from the Mission of Canada to the European Union, deposited with the instrument of ratification on 8 July 2015 – Or. Engl.

In accordance with Articles 2 and 40 of the Convention, Canada will require that the offence be committed with dishonest intent.
Period covered: 01/11/2015 -
Articles concerned : 40, 2

Declaration contained in a Note Verbale from the Mission of Canada to the European Union, deposited with the instrument of ratification on 8 July 2015 – Or. Engl.

In accordance with Articles 3 and 40 of the Convention, Canada will require that the offence be committed with dishonest intent.
Period covered: 01/11/2015 -
Articles concerned : 40, 3

Declaration contained in a Note Verbale from the Mission of Canada to the European Union, deposited with the instrument of ratification on 8 July 2015 – Or. Engl.

In accordance with Articles 27 and 40 of the Convention, Canada declares that all requests for mutual assistance be addressed to its central authority.
Period covered: 01/11/2015 -
Articles concerned : 40, 27

Declaration contained in a Note Verbale from the Mission of Canada to the European Union, deposited with the instrument of ratification on 8 July 2015 – Or. Engl.

For the purpose of Articles 24, 27 and 40 of the Convention, Canada designates as its central authority for extradition and mutual assistance, the International Assistance Group of the Department of Justice:
International Assistance Group
Department of Justice
284 Wellington Street
Ottawa, Ontario
Canada K1A 0H8
Tel: (613) 957-4832
Fax: (613) 957-8412
Email: Cdncentralauthority@justice.gc.ca
Period covered: 07/11/2015 -
Articles concerned : 40, 27, 24

Declaration contained in a Note Verbale from the Mission of Canada to the European Union, deposited with the instrument of ratification on 8 July 2015 – Or. Engl.

In accordance with Article 35 of the Convention, Canada designates the Royal Canadian Mounted Police as its point of contact that is available on a twenty-four hour, seven day-a-week basis:
Royal Canadian Mounted Police
National Operations Centre (NOC)
Ottawa, ON

[Note by the Secretariat: For more information please contact the Executive Secretary of the Cybercrime Convention Committee, alexander.seger[at]coe.int.]
Period covered: 01/11/2015 -
Articles concerned : 35


ETS No.165
Convention on the Recognition of Qualifications concerning Higher Education in the European Region

Declaration contained in the instrument of ratification transmitted to the Director General of the UNESCO on 13 June 2018 – Or. Engl.

Canadian declaration on the competent authorities to make decisions in recognition cases (Article II.2 of the Convention).

Canada’s Constitution provides for a federal system in which legislative powers are allocated between the federal Parliament and the provincial legislatures.

In compliance with the exclusive legislative powers in the field of education granted to the provinces by the Canadian Constitution and with the similar responsibilities given to the territories by delegation from the federal government, the implementation of the Convention in Canada will be ensured by the provinces and territories.

In accordance with Article IX.2, provincial and territorial governments have jointly determined that the Canadian Information Centre for international Credentials (CICIC) will serve as the national information centre.

Each postsecondary institution in Canada determines what qualifications it will accept for admission to various levels of study. Legislation also confers some autonomy on professional governing bodies in setting the content of regulations under which credentials and training are recognised. Professions therefore enjoy broad autonomy in recognising credentials, whether obtained in Canada or abroad, for the purposes of registration or permission to practise a profession in Canada.

This declaration is not a reservation.
Period covered: 01/08/2018 -
Articles concerned : IX.2, II.2


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 21 November 2013 - Or. Engl. / Fr.

Canada will not provide any form of assistance in relation to the taxes of other Parties described in any of sub paragraphs 1(b)(i), (ii), (iii) A, B, E, F and G and (iv) of Article 2 of the Convention (as permitted by sub paragraph 1(a) of Article 30 of the Convention).
Period covered: 01/03/2014 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 21 November 2013 - Or. Engl. / Fr.

Canada will not provide assistance in the recovery of any tax claim, or in the recovery of an administrative fine, for any tax, pursuant to Articles 11 through 16 of the Convention (as permitted by sub-paragraph 1(b) of Article 30 of the Convention).
Period covered: 01/03/2014 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 21 November 2013 - Or. Engl. / Fr.

Canada will not provide assistance in the service of document for any tax, pursuant to Article 17 of the Convention (as permitted by sub-paragraph 1(d) of Article 30 of the Convention); this reservation does not apply to the service of documents by mail, pursuant to paragraph 3 of Article 17 of the Convention.
Period covered: 01/03/2014 -
Articles concerned : 30

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 21 November 2013 - Or. Engl. / Fr.

The Minister of National Revenue or the Minister’s authorised representative.
Period covered: 01/03/2014 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 21 November 2013 - Or. Engl. / Fr.

Annex A – Taxes to which the Convention would apply:

Article 2, paragraph 1(a): the taxes on income or profits, including capital gains that are added to income at a rate determined under the following act, and taxes on net wealth that are imposed on behalf of Canada under the Income Tax Act (Canada).

Article 2, paragraph 1(b)(iii) C: the Value Added Tax imposed on behalf of Canada under Part IX of the Excise Tax Act (Canada).

Article 2, paragraph 1(b)(iii) D: the taxes imposed on behalf of Canada under Parts I and III of the Excise Tax Act (Canada) and the Excise Act, 2001 (Canada).
Period covered: 01/03/2014 -
Articles concerned : 2


ETS No.185
Convention on Cybercrime

Reservation contained in the instrument of accession, received and registered at the Secretariat General on 20 April 2017 – Or. Fr.

The Republic of Chile declares that, in accordance with Article 9, paragraph 4, of the Convention on Cybercrime, it will not apply, paragraph 2, sub-paragraphs b and c of the same article.
Period covered: 01/08/2017 -
Articles concerned : 9

Declaration contained in the instrument of accession, received and registered at the Secretariat General on 20 April 2017 – Or. Fr.

The Republic of Chile declares that it will require that the offense be committed with fraudulent intent and that it causes harm to third parties, to punish the actions described in Article 7 of the Convention on Cybercrime in accordance with the provisions of Article 197 of the Criminal Code.
Period covered: 01/08/2017 -
Articles concerned : 7

Reservation contained in the instrument of accession, received and registered at the Secretariat General on 20 April 2017 – Or. Fr., and corrected by a Note verbale from the Mission of Chile to the European Union, dated 3 July 2017, registered at the Secretariat General on 7 July 2017 – Or. Engl.

The Republic of Chile declares that, in accordance with Article 6, paragraph 3, of the Convention on Cybercrime, it will not apply paragraph 1 of the same Article inasmuch as it does not affect the sale, distribution or otherwise making available of the items referred to in paragraph 1 a) ii) of said Article 6.

[Note by the Secretariat: The Republic of Chile has corrected a substantive error detected in the Instrument of Accession of the Republic of Chile to the Convention on Cybercrime deposited with the Council of Europe on 20 April 2017, in such a manner that the new text of the reservation to Article 6 of the Convention replaces ab initio the erroneous one.]
Period covered: 01/08/2017 -
Articles concerned : 6

Reservation contained in the instrument of accession, received and registered at the Secretariat General on 20 April 2017 – Or. Fr.

The Republic of Chile declares that, in accordance with Article 4, paragraph 2, of the Convention on Cybercrime, it will establish as criminal offences under its domestic law, when committed intentionally, the damaging, deletion, deterioration, alteration or suppression of computer data without right, providing that this conduct results in serious harm.
Period covered: 01/08/2017 -
Articles concerned : 4

Declaration contained in the instrument of accession, received and registered at the Secretariat General on 20 April 2017 – Or. Fr.

The Republic of Chile declares that, as regards to Article 35 “24/7 Network”, paragraph 1, the point of contact available on a twenty-four hour, seven-day-a-week basis is:
The Office of Public Prosecution of Chile
International Cooperation and Extradition Unit
General Mackenna 1369, Santiago Chili.
Period covered: 01/08/2017 -
Articles concerned : 35

Declaration contained in the instrument of accession, received and registered at the Secretariat General on 20 April 2017 – Or. Fr.

The Republic of Chile declares that it will require that the offense be committed with a specified criminal intent, to punish the actions described in Articles 2 and 3 of the Convention on Cybercrime, in accordance with the provisions of Article 2 of Law No. 19.223 on computer-related offenses.
Period covered: 01/08/2017 -
Articles concerned : 3, 2

Reservation contained in the instrument of accession, received and registered at the Secretariat General on 20 April 2017 – Or. Fr.

The Republic of Chile, in respect of Article 29, paragraph 4, of the Convention on Cybercrime, reserves the right to refuse the request for international assistance in cases where the conduct is not defined under Chilean law at the time of the request.
Period covered: 01/08/2017 -
Articles concerned : 29

Declaration contained in the instrument of accession, received and registered at the Secretariat General on 20 April 2017 – Or. Fr.

The Republic of Chile declares that, as regards to Article 27 “Procedures pertaining to mutual assistance requests in the absence of applicable international agreements”, paragraph 2.a, the central authority responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution is:
The Office of Public Prosecution of Chile
International Cooperation and Extradition Unit
General Mackenna 1369, Santiago Chili.
Period covered: 01/08/2017 -
Articles concerned : 27

Declaration contained in the instrument of accession, received and registered at the Secretariat General on 20 April 2017 – Or. Fr.

The Republic of Chile declares that, under Article 24 "Extradition", paragraph 7, of the Convention, the authority responsible for making or receiving requests for extradition or provisional arrest is:
The Ministry of Foreign Affairs of the Republic of Chile
Teatinos 180, Santiago Chili.

Period covered: 01/08/2017 -
Articles concerned : 24

Reservation contained in the instrument of accession, received and registered at the Secretariat General on 20 April 2017 – Or. Fr.

The Republic of Chile declares that, in accordance with Article 22, paragraph 2, of the Convention on Cybercrime, it will not apply the jurisdiction rules laid down in paragraph 1.b of the same article.
Period covered: 01/08/2017 -
Articles concerned : 22


ETS No.182
Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Declaration contained in a Note Verbale from the Mission of Chile to the European Union, dated 3 January 2018 and registered at the Secretariat General on 8 January 2018 - Or. Fr.

Chile declares that the Public Prosecution of Chili - Unit of International Cooperation and Extradition of the National Prosecution - has been designated as the central authority of the Republic of Chile regarding the European Convention on Mutual Assistance in Criminal Matters, its Additional Protocol and its Second Additional Protocol, inter alia pursuant to Article 15, paragraph 6, of the Convention and of Article 4, paragraph 8.d of the Second Additional Protocol. The contact information are the following:

Public Prosecution of Chile
Unit of International Cooperation and Extradition of the National Prosecution
Unidad de Cooperación Internacional y Extradiciones de la Fiscalía Nacional del Ministerio PúblicoCatedral 1437, Piso 9
Santiago
Chili
Tel: + 56.229.659.576
Mail: uciex@minpublico.cl
asegoviaa@minpublico.cl
Period covered: 08/01/2018 -
Articles concerned : 4

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with the provisions in Article 9, paragraph 9, of the Second Additional Protocol, the Republic of Chile declares that it shall not apply the rules in this Article to hearings by video conference involving the accused person or the suspect.
Period covered: 01/09/2011 -
Articles concerned : 9

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with Article 6 of the Second Protocol, amending Article 24 of the Convention, the Republic of Chile declares that the courts of justice composing the Judiciary shall be deemed as Chilean judicial authorities for the purposes of the Convention.

Mutual assistance requests for the purposes of this Convention may also be transmitted to the Public Prosecutor’s Office, which shall request the intervention of the competent Guarantee Judge where, under Chilean laws, it is required due to the nature of the request. However, in no case will this declaration grant jurisdictional powers to the Public Prosecutor’s Office or make it a judicial authority.
Period covered: 01/09/2011 -
Articles concerned : 6

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with Article 4, paragraph 8, letter (d), of the Second Additional Protocol, the Republic of Chile declares that, for the purposes of Article 15, paragraph 2, of the Convention, replaced with Article 4 hereof, requests referred to in Article 11 of the Convention, replaced with Article 3 of this Protocol, as well as Article 13, shall be addressed, in all cases, to the Ministry of Foreign Affairs of Chile.
Period covered: 01/09/2011 -
Articles concerned : 4, 3, 13

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with Article 4, paragraph 8, letter (d), of the Second Additional Protocol, the Republic of Chile declares that, for the purposes of Article 15, paragraph 1, of the Convention, replaced with Article 4 of this Protocol, requests for mutual assistance, as well as spontaneous information, shall be addressed to the Ministry of Foreign Affairs of Chile, the Central Authority for the purposes hereof, without prejudice to their being forwarded directly by the judicial authorities of the requesting Party to the judicial authorities of the requested Party and returned through the same channels.
Period covered: 01/09/2011 -
Articles concerned : 4

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with Article 15, paragraph 6, of the Convention, replaced with Article 4 of the Second Additional Protocol, the Republic of Chile declares that the Ministry of Justice of Chile is the competent authority to which requests for mutual assistance referred to in Article 4 of the Additional Protocol must be forwarded.
Period covered: 01/09/2011 -
Articles concerned : 4

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with Article 15, paragraph 8, letter (a), of the Convention, replaced with Article 4 of the Second Additional Protocol, the Republic of Chile declares that in urgent cases where transmission is made by INTERPOL, under Article 15, paragraph 7, of the Convention, replaced with the Second Additional Protocol, where such communication relates to requests for mutual assistance referred to in Article 15, paragraph 6, of the Convention, replaced with the Second Additional Protocol, a copy shall be sent to the Ministry of Justice of Chile.
Period covered: 01/09/2011 -
Articles concerned : 4

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

Considering that the Republic of Chile makes no declaration as to Article 27 of the Second Additional Protocol, according to Article 4, paragraph 8, letter (d), the Republic of Chile declares that requests for mutual assistance forwarded by administrative authorities referred to in Article 15, paragraph 3, replaced with Article 4 of the Second Additional Protocol, shall always be forwarded to the Ministry of Foreign Affairs of Chile.
Period covered: 01/09/2011 -
Articles concerned : 4, 27

Reservation contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Chile states that it will not apply the provisions in Article 16 thereof.
Period covered: 01/09/2011 -
Articles concerned : 33, 16

Reservation contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Chile states that it will not apply the provisions in Article 17 thereof.
Period covered: 01/09/2011 -
Articles concerned : 33, 17

Reservation contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In relation to Articles 18 and 19 of the Second Additional Protocol, the Republic of Chile reserves the right under Article 33, paragraph 2, to accept controlled deliveries and covert investigations only where the Chilean laws expressly authorises such proceedings.
Period covered: 01/09/2011 -
Articles concerned : 33, 19, 18

Reservation contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Chile reserves the right to accept Article 20 thereof.
Period covered: 01/09/2011 -
Articles concerned : 33, 20

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Republic of Chile declares that it submits the handling and lapse of the requesting party’s information to domestic laws.
Period covered: 01/09/2011 -
Articles concerned : 26

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with Article 19, paragraph 4, of the Second Additional Protocol, the Republic of Chile declares that, according to domestic regulations, the authority responsible for accepting and coordinating requests for covert investigations is the Chilean Public Prosecutor’s Office.
Period covered: 01/09/2011 -
Articles concerned : 19

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with Article 18, paragraph 4, of the Second Additional Protocol, the Republic of Chile declares that, under domestic regulations, the authorities competent for acceptance and coordination of requests for controlled deliveries is the Chilean Public Prosecutor’s Office.
Period covered: 01/09/2011 -
Articles concerned : 18

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with the provisions in Article 13, paragraph 7, of the Second Additional Protocol, the Republic of Chile declares that before an agreement is reached under Article 13, paragraph 1, it shall grant the temporary transfer only with the consent of the detained person.
Period covered: 01/09/2011 -
Articles concerned : 13


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 7 July 2016 - Or. Engl.

According to Article 9, paragraph 3, of the Convention, the Republic of Chile will not accept, as a general rule, such requests as are referred to in Article 9, paragraph 1, of the Convention.
Period covered: 01/11/2016 -
Articles concerned : 9

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 7 July 2016 - Or. Engl.

According to Article 4, paragraph 3, of the Convention, the Republic of Chile declares that its authorities may inform its resident before transmitting information concerning them, in conformity with Article 5 and Article 7 of the Convention.
Period covered: 01/11/2016 -
Articles concerned : 4

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 7 July 2016 - Or. Engl.

According to Article 30, paragraph 1.a, of the Convention, the Republic of Chile reserves the right not to provide any form assistance in relation to the taxes of other Parties, save for the ones included by Chile in Annex A to the Convention.
Period covered: 01/11/2016 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 7 July 2016 - Or. Engl.

According to Article 30, paragraph 1.b, of the Convention, the Republic of Chile reserves the right not to provide any assistance in the recovery of any tax claim or in the recovery of an administrative fine, for all taxes.
Period covered: 01/11/2016 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 7 July 2016 - Or. Engl.

According to Article 30, paragraph 1.d, of the Convention, the Republic of Chile reserves the right not to provide assistance in the service of documents.
Period covered: 01/11/2016 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 7 July 2016 - Or. Engl.

According to Article 30, paragraph 1.e, of the Convention, the Republic of Chile reserves the right not to permit the service of documents through the post as provided for in paragraph 3 of Article 17 of the Convention.
Period covered: 01/11/2016 -
Articles concerned : 30, 17

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 7 July 2016 - Or. Engl.

According to Article 30, paragraph 1.f, of the Convention, the Republic of Chile reserves the right to apply paragraph 7 of Article 28 exclusively for administrative assistance related to taxable periods beginning on or after 1 January of the third year preceding the one in which the Convention entered into force in respect of Chile, or where there is no taxable period, for administrative assistance related to charges to tax arising on or after 1 January of the third year preceding the one in which the Convention entered into force in respect of Chile.
Period covered: 01/11/2016 -
Articles concerned : 30, 28

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 7 July 2016 - Or. Engl.

ANNEX C - Definition of the term “national” for the purpose of the Convention

The Republic of Chile, according to Article 3, paragraph 1.e, of the Convention, declares that the term "national" means any individual possessing the Chilean nationality; and any legal person or association organised under the laws in force in the Republic of Chile.
Period covered: 01/11/2016 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 7 July 2016 - Or. Engl.

The Republic of Chile ratifies the Convention with the following declaration:

ANNEX A - Taxes to which the Convention would apply

Article 2, paragraph 1.a.i: Tax included in the income tax.
Article 2, paragraph 1.a.ii: Sales and Services Tax Act.
Article 2, paragraph 1.a.iii: Estate, inheritance or gift taxes.
Period covered: 01/11/2016 -
Articles concerned : 2

Declaration contained in a Note Verbale from the Permanent Delegation of Chile to the OECD dated 29 May 2015, registered at the Secretariat of the OECD on 2 June 2015 - Or. Engl., and confirmed in the instrument of ratification deposited with the Secretary General of the OECD, on 7 July 2016 - Or. Engl.

ANNEX B - Competent Authorities
The Minister of Finance, the Commissioner of the Chilean Internal Revenue Service, and their authorised representatives.
Period covered: 01/11/2016 -
Articles concerned : 3


ETS No.099
Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

The Republic of Chile declares, for the purposes of Article 3, letter b, of the Additional Protocol, that requests for mutual assistance shall be addressed to the Ministry of Justice of Chile.
Period covered: 28/08/2011 -
Articles concerned : 3


ETS No.030
European Convention on Mutual Assistance in Criminal Matters

Declaration contained in a Note Verbale from the Mission of Chile to the European Union, dated 3 January 2018 and registered at the Secretariat General on 8 January 2018 - Or. Fr.

Chile declares that the Public Prosecution of Chili - Unit of International Cooperation and Extradition of the National Prosecution - has been designated as the central authority of the Republic of Chile regarding the European Convention on Mutual Assistance in Criminal Matters, its Additional Protocol and its Second Additional Protocol, inter alia pursuant to Article 15, paragraph 6, of the Convention and of Article 4, paragraph 8.d of the Second Additional Protocol. The contact information are the following:

Public Prosecution of Chile
Unit of International Cooperation and Extradition of the National Prosecution
Unidad de Cooperación Internacional y Extradiciones de la Fiscalía Nacional del Ministerio PúblicoCatedral 1437, Piso 9
Santiago
Chili
Tel: + 56.229.659.576
Mail: uciex@minpublico.cl
asegoviaa@minpublico.cl
Period covered: 08/01/2018 -
Articles concerned : 15

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with Article 7, paragraph 3, of the Convention, the Republic of Chile declares that service of a summons on an accused person shall be transmitted to its authorities at least fifty (50) days in advance of the date set for appearance.
Period covered: 28/08/2011 -
Articles concerned : 7

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with Article 15, paragraph 6, of the Convention, the Republic of Chile declares that for the purposes of Article 15, paragraph 1, letters rogatory referred to in Articles 3, 4 and 5 as well as the applications referred to in Article 11 shall be addressed by the Ministry of Foreign Affairs of Chile.

[Note by the Secretariat: See also the declarations made by Chile to Article 4 of the Second Additional Protocol to the Convention (ETS No. 182), on 30 May 2011.]
Period covered: 28/08/2011 -
Articles concerned : 5, 4, 3, 15, 11

Reservation contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with Article 5, paragraph 1, of the Convention, the Republic of Chile declares that it reserves the right to make the execution of letters rogatory for search or seizure of property dependent on the condition in letter (c), paragraph 1, of said Article 5.
Period covered: 28/08/2011 -
Articles concerned : 5

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with Article 24 of the Convention, the Republic of Chile declares that the courts of justice composing The Judiciary shall, for the purposes of the Convention, be deemed as judicial authority.

Mutual assistance requests for the purposes of this Convention may also be transmitted to the Public Prosecutor’s Office, which shall request the intervention of the competent Guarantee Judge where, under Chilean laws, it is required due to the nature of the request. However, in no case will this declaration grant jurisdictional powers to the Public Prosecutor’s Office or make it a judicial authority.

[Note by the Secretariat: See also the declaration made by Chile to Article 6 of the Second Additional Protocol to the Convention (ETS No. 182), on 30 May 2011.]
Period covered: 28/08/2011 -
Articles concerned : 24, 21

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with the provisions in Article 16, paragraph 2, of the Convention, the Republic of Chile declares that requests shall be addressed to it accompanied by a translation into the Spanish language. With respect to annexed documentation, the Republic of Chile reserves the right to demand that it be translated into the Spanish language.
Period covered: 28/08/2011 -
Articles concerned : 16

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with the provisions in Article 15, paragraph 6, of the Convention, for the purposes of Article 15, paragraph 3, in relation to Article 13, paragraphs 1 and 2, the Republic of Chile declares that requests for mutual assistance consisting in transmission of extracts and information on court files shall be sent to the Ministry of Justice, and an information copy thereof to the Ministry of Foreign Affairs of Chile.

[Note by the Secretariat: See also the declarations made by Chile to Article 4 of the Second Additional Protocol to the Convention (ETS No. 182), on 30 May 2011.]
Period covered: 28/08/2011 -
Articles concerned : 15, 13

Declaration contained in the instrument of accession deposited on 30 May 2011 – Or. Spa./Engl.

In accordance with the provisions in Article 15, paragraph 6, of the Convention, the Republic of Chile declares that for the purposes of enforcing Article 21, paragraph 1, communications shall be transmitted to the Chilean Public Prosecutor’s Office.

[Note by the Secretariat: See also the declarations made by Chile to Article 4 of the Second Additional Protocol to the Convention (ETS No. 182), on 30 May 2011.]
Period covered: 28/08/2011 -
Articles concerned : 15


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Declaration transmitted by the Embassy of the People’s Republic of China in France to the Secretariat General of the OECD on 25 June 2018 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information.
Period covered: 25/06/2018 -
Articles concerned : 28

Declaration transmitted by the Embassy of the People’s Republic of China in France to the Secretariat General of the OECD on 25 June 2018 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information
Period covered: 25/06/2018 -
Articles concerned : 28

Declaration contained in a letter from the Ambassador of the People’s Republic of China in France, dated 28 May 2018, registered at the Secretariat General of the OECD on 29 May 2018 - Or. Engl.

Pursuant to Article 9, paragraph 3, of the Convention, the Hong Kong SAR will not accept, as a general rule, such requests as are referred to in paragraph 1 of Article 9 of the Convention.
Period covered: 01/09/2018 -
Articles concerned : 9

Declaration contained in a letter from the Ambassador of the People’s Republic of China in France, dated 28 May 2018, registered at the Secretariat General of the OECD on 29 May 2018 - Or. Engl.

Pursuant to Article 4, paragraph 3, of the Convention, the Hong Kong SAR may inform its resident or national before transmitting information concerning that resident or national to another Party, in conformity with Article 5 of the Convention.
Period covered: 01/09/2018 -
Articles concerned : 4

Declaration contained in a letter from the Ambassador of the People’s Republic of China in France, dated 28 May 2018, registered at the Secretariat General of the OECD on 29 May 2018 - Or. Engl.

The Government of the People’s Republic of China declares that the reservation pursuant to paragraph 1.a of Article 30 and the three declarations pursuant to paragraph 1 of Article 2, paragraph 1.d of Article 3 and paragraph 3 of Article 4 of the Convention made by the PRC [on 16 October 2015] shall not apply to Hong Kong SAR.
Period covered: 01/09/2018 -
Articles concerned : 30

Reservation contained in a letter from the Ambassador of the People’s Republic of China in France, dated 28 May 2018, registered at the Secretariat General of the OECD on 29 May 2018 - Or. Engl.

Pursuant to Article 30, paragraph 1.a, of the Convention, the Hong Kong SAR shall not provide any form of assistance in relation to taxes of the other Parties described in paragraph 1.b of Article 2 of the Convention.
Period covered: 01/09/2018 -
Articles concerned : 30

Reservation contained in a letter from the Ambassador of the People’s Republic of China in France, dated 28 May 2018, registered at the Secretariat General of the OECD on 29 May 2018 - Or. Engl.

The Government of the People’s Republic of China declares that the reservation pursuant to paragraph 1.b of Article 30 of the Convention made by the PRC shall apply to the Hong Kong SAR: “Pursuant to Article 30, paragraph 1.b, of the Convention, the People’s Republic of China shall not provide assistance in the recovery of tax claims, or in conservancy measures, for all taxes.”.
Period covered: 01/09/2018 -
Articles concerned : 30

Reservation contained in a letter from the Ambassador of the People’s Republic of China in France, dated 28 May 2018, registered at the Secretariat General of the OECD on 29 May 2018 - Or. Engl.

Pursuant to Article 30, paragraph 1.c, of the Convention, the Hong Kong SAR shall not provide assistance in respect of any tax claim, which is in existence at the date of entry into force of the Convention in respect of the Hong Kong SAR or, where a reservation has previously been made under paragraph 1.a or 1.b of Article 30 of the Convention, at the date of withdrawal of such a reservation in relation to taxes in the category in question.
Period covered: 01/09/2018 -
Articles concerned : 30

Reservation contained in a letter from the Ambassador of the People’s Republic of China in France, dated 28 May 2018, registered at the Secretariat General of the OECD on 29 May 2018 - Or. Engl.

The Government of the People’s Republic of China declares that the reservation pursuant to paragraph 1.d of Article 30 of the Convention made by the PRC shall apply to the Hong Kong SAR: “Pursuant to Article 30, paragraph 1.d, of the Convention, the People’s Republic of China shall not provide assistance in the service of documents for all taxes.”.
Period covered: 01/09/2018 -
Articles concerned : 30

Reservation contained in a letter from the Ambassador of the People’s Republic of China in France, dated 28 May 2018, registered at the Secretariat General of the OECD on 29 May 2018 - Or. Engl.

The Government of the People’s Republic of China declares that the reservation pursuant to paragraph 1.e of Article 30 of the Convention made by the PRC shall apply to the Hong Kong SAR: “Pursuant to Article 30, paragraph 1.e, of the Convention, the People’s Republic of China shall not permit the service of documents through the post.”.
Period covered: 01/09/2018 -
Articles concerned : 30

Reservation contained in a letter from the Ambassador of the People’s Republic of China in France, dated 28 May 2018, registered at the Secretariat General of the OECD on 29 May 2018 - Or. Engl.

Pursuant to Article 30, paragraph 1.f, of the Convention, the Hong Kong SAR apply paragraph 7 of Article 28 exclusively for administrative assistance related to taxable periods beginning on or after 1 January of the third year preceding the one in which the Convention entered into force in respect of the Hong Kong SAR, or where there is no taxable period, for administrative assistance related to charges to tax arising on or after 1 January of the third year preceding the one in which the Convention entered into force in respect of the Hong Kong SAR.
Period covered: 01/09/2018 -
Articles concerned : 30, 28

Declaration contained in a letter from the Ambassador of the People’s Republic of China in France, dated 28 May 2018, registered at the Secretariat General of the OECD on 29 May 2018 - Or. Engl.

ANNEX B - Competent authorities

The competent authority for the Hong Kong SAR is the Commissioner of Inland Revenue of the Government of the Hong Kong SAR or the authorised representative of the Commissioner.
Period covered: 01/09/2018 -
Articles concerned : 3

Declaration contained in a letter from the Ambassador of the People’s Republic of China in France, dated 28 May 2018, registered at the Secretariat General of the OECD on 29 May 2018 - Or. Engl.

ANNEX C – Definition of the term "national" for the purpose of the Convention

For the application of the Convention to the Hong Kong SAR, paragraph 1.e of Article 3 of the Convention refers to any person having the right to abode, or is incorporated or otherwise constituted in the Hong Kong SAR.
Period covered: 01/09/2018 -
Articles concerned : 3

Declaration of territorial application contained in a letter from the Ambassador of the People’s Republic of China in France, dated 28 May 2018, registered at the Secretariat General of the OECD on 29 May 2018 - Or. Engl.

In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, the Government of the PRC decides that the Convention applies to the Hong Kong Special Administrative Region (Hong Kong SAR) of the PRC.
Period covered: 01/09/2018 -
Articles concerned : 29

Declaration contained in a letter from the Ambassador of the People’s Republic of China in France, dated 28 May 2018, registered at the Secretariat General of the OECD on 29 May 2018 - Or. Engl.

ANNEX A - Taxes to which the Convention applies

For the Hong Kong SAR, the Convention shall apply to the following taxes imposed under the laws of the Hong Kong SAR administered by its tax authority:

Article 2, paragraph 1.a.i:
- Profits tax;
- Salaries tax;
- Property Tax.
Period covered: 01/09/2018 -
Articles concerned : 2

Declaration contained in a letter from the Ambassador of the People’s Republic of China in France, dated 29 March 2018, registered at the Secretariat General of the OECD on 18 May 2018 - Or. Engl.

Pursuant to Article 9, paragraph 3, of the Convention, the Macao Special Administrative Region will not accept, as a general rule, such requests as are referred to in paragraph 14 of Article 9 of the Convention.
Period covered: 01/09/2018 -
Articles concerned : 9

Declaration contained in a letter from the Ambassador of the People’s Republic of China in France, dated 29 March 2018, registered at the Secretariat General of the OECD on 18 May 2018 - Or. Engl.

Pursuant to Article 4, paragraph 3, of the Convention, the Macao Special Administrative Region may inform its resident before transmitting information concerning him to another Party, in conformity with Articles 5 and 7 of the Convention.
Period covered: 01/09/2018 -
Articles concerned : 4

Declaration contained in a letter from the Ambassador of the People’s Republic of China in France, dated 29 March 2018, registered at the Secretariat General of the OECD on 18 May 2018 - Or. Engl.

The Government of the People’s Republic of China declares that the reservation pursuant to paragraph 1.a of Article 30 and the three declarations pursuant to paragraph 1 of Article 2, paragraph 1.d of Article 3 and paragraph 3 of Article 4 of the Convention made by the PRC [on 16 October 2015] shall not apply to the Macao Special Administrative Region.
Period covered: 01/09/2018 -
Articles concerned : 30

Reservation contained in a letter from the Ambassador of the People’s Republic of China in France, dated 29 March 2018, registered at the Secretariat General of the OECD on 18 May 2018 - Or. Engl.

Pursuant to Article 30, paragraph 1.a, of the Convention, the Macao Special Administrative Region shall not provide any form of assistance in relation to taxes of the other Parties described in sub-paragraphs b.i, b.ii, b.iii.A, b.iii.C, b.iii.F and b.iv of paragraph 1 of Article 2 of the Convention.
Period covered: 01/09/2018 -
Articles concerned : 30

Reservation contained in a letter from the Ambassador of the People’s Republic of China in France, dated 29 March 2018, registered at the Secretariat General of the OECD on 18 May 2018 - Or. Engl.

The Government of the People’s Republic of China declares that the reservation pursuant to paragraph 1.b of Article 30 of the Convention made by the PRC shall apply to the Macao Special Administrative Region: “Pursuant to Article 30, paragraph 1.b, of the Convention, the People’s Republic of China shall not provide assistance in the recovery of tax claims, or in conservancy measures, for all taxes.”.
Period covered: 01/09/2018 -
Articles concerned : 30

Reservation contained in a letter from the Ambassador of the People’s Republic of China in France, dated 29 March 2018, registered at the Secretariat General of the OECD on 18 May 2018 - Or. Engl.

The Government of the People’s Republic of China declares that the reservation pursuant to paragraph 1.d of Article 30 of the Convention made by the PRC shall apply to the Macao Special Administrative Region: “Pursuant to Article 30, paragraph 1.d, of the Convention, the People’s Republic of China shall not provide assistance in the service of documents for all taxes.”.
Period covered: 01/09/2018 -
Articles concerned : 30

Reservation contained in a letter from the Ambassador of the People’s Republic of China in France, dated 29 March 2018, registered at the Secretariat General of the OECD on 18 May 2018 - Or. Engl.

The Government of the People’s Republic of China declares that the reservation pursuant to paragraph 1.e of Article 30 of the Convention made by the PRC shall apply to the Macao Special Administrative Region: “Pursuant to Article 30, paragraph 1.e, of the Convention, the People’s Republic of China shall not permit the service of documents through the post.”.
Period covered: 01/09/2018 -
Articles concerned : 30

Declaration contained in a letter from the Ambassador of the People’s Republic of China in France, dated 29 March 2018, registered at the Secretariat General of the OECD on 18 May 2018 - Or. Engl.

ANNEX B - Competent authorities

The competent authority for the Macao Special Administrative Region is the Chief Executive of the Macao Special Administrative Region or his authorized representative.
Period covered: 01/09/2018 -
Articles concerned : 3

Declaration of territorial application contained in a letter from the Ambassador of the People’s Republic of China in France, dated 29 March 2018, registered at the Secretariat General of the OECD on 18 May 2018 - Or. Engl.

In accordance with the Basic Law of the Macao Special Administrative Region of the People’s Republic of China, the Government of the PRC decides that the Convention applies to the Macao Special Administrative Region of the PRC.
Period covered: 01/09/2018 -
Articles concerned : 29

Declaration contained in a letter from the Ambassador of the People’s Republic of China in France, dated 29 March 2018, registered at the Secretariat General of the OECD on 18 May 2018 - Or. Engl.

ANNEX A - Taxes to which the Convention applies

For the Macao Special Administrative Region, the Convention shall apply to the following taxes imposed under the laws of the Macao Special Administrative Region administered by its tax authority:

Article 2, paragraph 1.a.i:
- Profits tax (Impost Complementar de Rendimentos) ;
- Salaries tax (Imposto Profissional);
- Urban Property Tax (Contribuição Predial Urbana).

Article 2, Paragraph 1.b.iii.B: Stamp Duty (Imposto do Selo).

Article 2, Paragraph 1.b.iii.D: Tourism Tax (Imposto de turismo).

Article 2, Paragraph 1.b.iii.E: Motor Vehicle Tax (Imposto sobre Veículos Motorizados).

Article 2, Paragraph 1.b.iii.G: Business Tax (Contribuição Industrial).
Period covered: 01/09/2018 -
Articles concerned : 2

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 16 October 2015 – Or. Engl.

Pursuant to Article 4, paragraph 3, of the Convention, the People’s Republic of China may inform its resident or national before transmitting information concerning him to another Party, in conformity with Articles 5 and 7 of the Convention.
Period covered: 01/02/2016 -
Articles concerned : 4

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 16 October 2015 – Or. Engl.

Pursuant to Article 30, paragraph 1.a, of the Convention, the People’s Republic of China shall not provide any form of assistance in relation to the taxes of other Parties described in sub-paragraphs b.i, b.ii, b.iii.A, b.iii.F, and b.iv of paragraph 1 of Article 2.
Period covered: 01/02/2016 -
Articles concerned : 30, 2

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 16 October 2015 – Or. Engl.

Pursuant to Article 30, paragraph 1.b, of the Convention, the People’s Republic of China shall not provide assistance in the recovery of tax claims, or in conservancy measures, for all taxes.
Period covered: 01/02/2016 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 16 October 2015 – Or. Engl.

Pursuant to Article 30, paragraph 1.d, of the Convention, the People’s Republic of China shall not provide assistance in the service of documents for all taxes.
Period covered: 01/02/2016 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD, on 16 October 2015 – Or. Engl.

Pursuant to Article 30, paragraph 1.e, of the Convention, the People’s Republic of China shall not permit the service of documents through the post.
Period covered: 01/02/2016 -
Articles concerned : 30

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 16 October 2015 – Or. Engl.

ANNEX B – Competent Authorities

Pursuant to Article 3, paragraph 1.d, of the Convention, for the People’s Republic of China, the term “competent authority” means the State Administration of Taxation or its authorised representative.
Period covered: 01/02/2016 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD, on 16 October 2015 – Or. Engl.

Pursuant to. Article 2, paragraph 1, of the Convention, for the People’s Republic of China, the Convention shall apply to the following taxes imposed under the laws of the People’s Republic of China administered by the tax authority:

Annex A – Taxes to which the Convention would apply

Article 2, paragraph 1.a.i
. Enterprise Income Tax.
. Individual Income Tax.

Article 2, paragraph 1.b.iii.B
. Urban and Township Land Use Tax.
. House Property Tax.
. Land Appreciation Tax.

Article 2, paragraph 1.b.iii.C
. Value Added Tax.
. Business Tax.

Article 2, paragraph 1.b.iii.D
. Excise Tax.
. Tobacco Tax.

Article 2, paragraph 1.b.iii.E
. Vehicle Purchase Tax.
. Vehicle and Vessel Tax.

Article 2, paragraph 1.b.iii.G
. Resource Tax
. City Maintenance and Construction Tax.
. Tax on the Use of Arable Land.
. Stamp Duty.
. Deed Tax.
Period covered: 01/02/2016 -
Articles concerned : 2


ETS No.185
Convention on Cybercrime

Declaration contained in a Note verbale from the Embassy of Colombia in France, dated 10 March 2020, deposited with the instrument of accession on 16 March 2020 - Or. Engl.

In accordance with article 35 of the Convention, Colombia designates as the contact point 24 hours a day, seven days a week:

National Police - Colombian Cybercrime Competence Center C4
Cybercrime Directorate
Carrera 62 # 19-04 Interior 1
Bogotá D.C.
Colombia.

[Note by the Secretariat: For more information please contact the Executive Secretary of the Cybercrime Convention Committee, alexander.seger@coe.int.]
Period covered: 01/07/2020 -
Articles concerned : 35

Declaration contained in a Note verbale from the Embassy of Colombia in France, dated 10 March 2020, deposited with the instrument of accession on 16 March 2020 - Or. Engl.

In accordance with Article 27 of the Convention, Colombia designates the following authorities as responsible for mutual legal assistance:

For mutual legal assistance during the investigation phase:

Department of International Affairs of the General Prosecutor's Office
Avenida Calle 24 No. 52-01 Edificio Gustavo de Greiff Piso 4.
Bogotá D.C.
Colombia.

For mutual legal assistance during the legalisation phase:

Department of International Affairs of the Ministry of Justice and Law
Calle 53 # 13-27 Piso 4,
Bogotá D.C.
Colombia.

[Note by the Secretariat: For more information please contact the Executive Secretary of the Cybercrime Convention Committee, alexander.seger@coe.int.]
Period covered: 01/07/2020 -
Articles concerned : 27

Declaration contained in a Note verbale from the Embassy of Colombia in France, dated 10 March 2020, deposited with the instrument of accession on 16 March 2020 - Or. Engl.

In accordance with Article 24 of the Convention, Colombia designates as competent authority in matters of extradition the:

Directorate of International Legal Affairs of the Ministry of Foreign Affairs of Colombia
Palacio de San Carlos, Calle 10 # 5-51
Bogotá D.C.
Colombia.

[Note by the Secretariat: For more information please contact the Executive Secretary of the Cybercrime Convention Committee, alexander.seger@coe.int.]
Period covered: 01/07/2020 -
Articles concerned : 24

Reservation contained in the instrument of accession deposited on 16 March 2020 - Or. Engl./Spa.

In accordance with Article 14, paragraph 3, and with reference to Articles 20 and 21 of the Convention, Colombia reserves the right to apply the measures referred to in the aforementioned articles in accordance with its internal regulations in matters of personal data and protection of the right to privacy.
Period covered: 01/07/2020 -
Articles concerned : 21, 20, 14


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Declarations transmitted by a Note Verbale from the Ministry of Foreign Affairs of Colombia, dated 13 December 2017, registered at the Secretariat General of the OECD on 20 December 2017 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on the Exchange of Country-by-Country reports.
Period covered: 20/12/2017 -
Articles concerned : 28

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 19 March 2014 – Or. Engl.

Pursuant to Article 30, paragraph 1.a, of the Convention, the Republic of Colombia reserves the right not to provide any form of assistance in relation to the taxes of other Parties included in any of the following categories listed in Article 2, paragraph 1.b, of the Convention:
i. taxes on income, profits, capital gains or net wealth which are imposed on behalf of political divisions or local authorities of a Party;
ii. compulsory social security contributions payable to general government or to social security institutions established under public law;
iii. B. taxes on immovable property;
iii. E. taxes on the use or ownership of motor vehicles;
iii. F. taxes on the use or ownership of movable property other than motor vehicles;
iii. G. any other taxes;
iv. taxes in categories referred to in sub-paragraph iii which are imposed on behalf of political subdivisions or local authorities of a Party.
Period covered: 01/07/2014 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 19 March 2014 – Or. Engl.

Pursuant to Article 30, paragraph 1.b, of the Convention, the Republic of Colombia reserves the right not to provide assistance in the recovery of any tax claim, or in the recovery of an administrative fine, for all the taxes.
Period covered: 01/07/2014 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 19 March 2014 – Or. Engl.

Pursuant to Article 30, paragraph 1.d, of the Convention, the Republic of Colombia reserves the right not to provide assistance in the service of documents for all taxes.
Period covered: 01/07/2014 -
Articles concerned : 30

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 19 March 2014 – Or. Engl.

ANNEX B – Competent Authorities

The competent authority for the Republic of Colombia is the Director General of the National Tax and Customs Administration (Director General de la Dirección de Impuestos y Aduanas Nationales – DIAN) or his autorised representative.
Period covered: 01/07/2014 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 19 March 2014 – Or. Engl.

ANNEX A – Existing taxes to which the Convention shall apply:

The existing taxes to which the Convention shall apply within the Colombian legal system are:

Article 2, paragraph 1.a.i:
- income tax and its complementary taxes ;
- Pro equity income tax – CREE;

Article 2, paragraph 1.a.ii:
- income tax and its complementary taxes ;

Article 2, paragraph 1.a.iii:
- tax on capital ;

Article 2, paragraph 1.b.i :
Not applicable ;

Article 2, paragraph 1.b.ii :
Not applicable ;

Article 2, paragraph 1.b.iii.A :
- income tax and complementary taxes ;

Article 2, paragraph 1.b.iii.B :
Not applicable ;

Article 2, paragraph 1.b.iii.C :
- value added tax - VAT ;

Article 2, paragraph 1.b.iii.D :
- national consumption tax ;

Article 2, paragraph 1.b.iii.E :
Not applicable ;

Article 2, paragraph 1.b.iii.F :
Not applicable ;

Article 2, paragraph 1.b.iii.G :
Not applicable.
Period covered: 01/07/2014 -
Articles concerned : 2

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs and Immigration of the Cook Islands, dated 22 March 2017, supplementing the instrument of ratification deposited with the Secretary General of the OECD on 29 May 2017 - Or. Engl.

ANNEX B - Competent authorities

The Treasurer of Revenue Management or his authorised representative.
Period covered: 01/09/2017 -
Articles concerned : 3

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs and Immigration of the Cook Islands, dated 22 March 2017, supplementing the instrument of ratification deposited with the Secretary General of the OECD on 29 May 2017 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information.
Period covered: 29/05/2017 -
Articles concerned : 28

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs and Immigration of the Cook Islands, dated 22 March 2017, supplementing the instrument of ratification deposited with the Secretary General of the OECD on 29 May 2017 - Or. Engl.

ANNEX A - Taxes to which the Convention would apply

Article 2, paragraph 1.a.i:
• Taxes on income or profits, including withholding taxes

Article 2, paragraph 1.b.iii.C:
• Value Added Tax

Article 2, paragraph 1.b.iii.D:
• Excise Taxes on alcohol and sugar
Period covered: 01/09/2017 -
Articles concerned : 2


ETS No.185
Convention on Cybercrime

Declaration contained in the instrument of accession and in a Note Verbale from the Embassy of Costa Rica in France, received and registered at the Secretariat General on 22 September 2017 – Or. Fr.

The Republic of Costa Rica indicates that, in conformity with the provisions of the Convention on Cybercrime in its Article 35, it designates the Judicial Authority as contact point to ensure the provision of immediate assistance for the purpose of investigations or proceedings concerning criminal offences related to computer systems and data, or for the collection of evidence.

[Note by the Secretariat : For more information please contact the Executive Secretary of the Cybercrime Convention Committee, alexander.seger@coe.int.]
Period covered: 01/01/2018 -
Articles concerned : 35

Declaration contained in the instrument of accession and in a Note Verbale from the Embassy of Costa Rica in France, received and registered at the Secretariat General on 22 September 2017 – Or. Fr., and updated in a letter from the Public Ministry of Costa Rica, dated 2 April 2018, registered at the Secretariat General on 16 April 2018 – Or. Engl.

In accordance with the provisions of Articles 24 and 27 of the Convention on Cybercrime, the authority designated by the Republic of Costa Rica is as follows:

Authority :
Oficina de Asesoría Técnica y Relaciones Internacionales
Fiscalía General de la República
Ministerio de Público de Costa Rica

Address:
Republic of Costa Rica, province of San José
Avenue 6 y 8, streets 13 y 15
Barrio Gonzales Lahmann, First judicial circuit of San José
Building of Courts of Justice, second floor,
Zip code: 80-1003

Telephones:
+506 2295-3449
+506 2295-3458

Fax: +506 2223-2602

Email: oatri-mp@poder-judicial.go.cr
Period covered: 01/01/2018 -
Articles concerned : 27, 24

Declaration contained in the instrument of accession and in a Note Verbale from the Embassy of Costa Rica in France, received and registered at the Secretariat General on 22 September 2017 – Or. Fr.

Regarding Article 24 of the Convention on Cybercrime, the Republic of Costa Rica interprets that it is understood that it will not apply to extradition of Costa Rican nationals who are in the territory of Costa Rica.
Period covered: 01/01/2018 -
Articles concerned : 24

Declaration contained in the instrument of accession and in a Note Verbale from the Embassy of Costa Rica in France, received and registered at the Secretariat General on 22 September 2017 – Or. Fr.

Regarding Article 10 of the Convention on Cybercrime, the Republic of Costa Rica interprets that it is understood that the use of copyright of literary or artistic works obtained through a computer system will not be punishable when its purpose is not for profit, to the extent required for illustration purposes for teaching, as long as the said use is done in accordance with proper use, and mention is made of the source and the name of the author, if this author appears in the source. Similarly, the reproduction and digital storage of literary or artistic works obtained by students and academic staff by computer means solely for illustration for teaching purposes shall not be punishable.
Period covered: 01/01/2018 -
Articles concerned : 10


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Declarations transmitted by the Permanent Delegation of Costa Rica to the OECD to the Secretariat General of the OECD on 9 November 2018 - Or. Engl.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information.

Declaration on the effective date for exchanges of information under the Multilateral Competent Authority Agreement on the Exchange of Country-by-Country reports.
Period covered: 09/11/2018 -
Articles concerned : 28

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 5 April 2013 - Or. Spa./Engl.

Pursuant to Article 30, paragraph 1.a, of the Convention, Costa Rica reserves the right not to provide any form of assistance in relation to taxes of other Parties included in one of the following categories listed in Article 2, paragraph 1.b:

i: taxes on income, profits, capital gains or net wealth which are imposed on behalf of political divisions or local authorities of a Party;
iii: A. estate, inheritance or gift tax;
iii: D. specific taxes on goods and services such as excise taxes;
iii: F. taxes on the use or ownership of movable property other than motor vehicles;
iii: G. any other taxes.
Period covered: 01/08/2013 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 5 April 2013 - Or. Spa./Engl.

Pursuant to Article 30, paragraph 1.b, of the Convention, Costa Rica reserves the right not to provide assistance in the recovery of any tax claim, or in the recovery of an administrative fine, for all taxes.
Period covered: 01/08/2013 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 5 April 2013 - Or. Spa./Engl.

Pursuant to Article 30, paragraph 1.c, of the Convention, Costa Rica reserves the right not to provide assistance in respect of any tax claim, which is in existence at the date of entry into force of the Convention in respect of that State or, where a reservation has previously been made under sub-paragraph a or b above, at the date of withdrawal of such a reservation in relation to taxes in the category in question.
Period covered: 01/08/2013 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 5 April 2013 - Or. Spa./Engl.

Pursuant to Article 30, paragraph 1.d, of the Convention, Costa Rica reserves the right not to provide assistance in the service of documents for all taxes.
Period covered: 01/08/2013 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 5 April 2013 - Or. Spa./Engl.

Pursuant to Article 30, paragraph 1.e, of the Convention, Costa Rica reserves the right not to permit the service of documents though the post as provided for in paragraph 3 of Article 17.
Period covered: 01/08/2013 -
Articles concerned : 30

Reservation contained in the instrument of ratification deposited with the Secretary General of the OECD on 5 April 2013 - Or. Spa./Engl.

Pursuant to Article 30, paragraph 1.f, of the Convention, Costa Rica reserves the right to apply paragraph 7 of Article 28 exclusively for administrative assistance related to taxable periods beginning on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party, or where there is no taxable period, for administrative assistance related to charges to tax arising on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party.
Period covered: 01/08/2013 -
Articles concerned : 30

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 5 April 2013 - Or. Spa./Engl.

Costa Rica ratifies the Convention with the following declaration:

ANNEX B – Competent authorities

The Director of the Tax Administration (Director General de Tributación).
Period covered: 01/08/2013 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited with the Secretary General of the OECD on 5 April 2013 - Or. Spa./Engl.

Costa Rica ratifies the Convention with the following declaration:

ANNEX A – Existing taxes to which the Convention shall apply:

Article 2, paragraph 1.a.i:
Income Tax (Impuesto sobre la renta).

Article 2, paragraph 1.b.ii:
Contributions made to the Costa Rican Social Security (Contribuciones a la caja Costarricense del Seguro Social).

Article 2, paragraph 1.b.iii. B:
Real estate tax (Impuesto a la propriedad de bienes inmuebles).

Article 2, paragraph 1.b.iii. C:
Value Added Tax (Impuesto general sobre las ventas).

Article 2, paragraph 1.b.iii. E:
Vehicles, ships and aircrafts tax (Impuesto a la propriedad de vehίculos, embarcaciones y aeronaves).
Period covered: 01/08/2013 -
Articles concerned : 2


ETS No.062
European Convention on Information on Foreign Law

Declaration contained in the instrument of accession deposited on 15 March 1976 - Or. Sp.

Receiving agency :

Secretaria de la Corte Suprema, SAN JOSE
Period covered: 16/06/1976 -
Articles concerned : -


CETS No.220
Council of Europe Convention on Cinematographic Co-Production (revised)

Declaration contained in a letter from the Permanent Representative of Croatia, deposited with the instrument of ratification on 28 September 2018 – Or. Engl.

In accordance with Article 5, paragraph 5, of the Convention, the competent authority designated with respect to the Republic of Croatia is:

The Ministry of Culture of the Republic of Croatia
Runjaninova 2
10000 Zagreb
Croatia
Period covered: 01/01/2019 -
Articles concerned : 5


CETS No.216
Council of Europe Convention against Trafficking in Human Organs

Declaration contained in the instrument of ratification deposited on 16 May 2019 – Or. Engl.

In accordance with Article 22, item b, of the Convention, the Republic of Croatia designates the Office for Human Rights and the Rights of National Minorities of the Government of the Republic of Croatia as the national contact point for the exchange of information pertaining to trafficking of human organs.
Period covered: 01/09/2019 -
Articles concerned : 22

Reservation contained in the instrument of ratification deposited on 16 May 2019 – Or. Engl.

In accordance with Article 10, paragraph 3, of the Convention, the Republic of Croatia reserves the right to apply the jurisdiction rules laid down in Article 10, paragraph 1.d and e, of the Convention subject to the conditions prescribed by the criminal legislation of the Republic of Croatia.
Period covered: 01/09/2019 -
Articles concerned : 10

Reservation contained in the instrument of ratification deposited on 16 May 2019 – Or. Engl.

In accordance with Article 10, paragraph 5, of the Convention, the Republic of Croatia reserves the right to apply Article 10, paragraph 4, of the Convention in specific cases as arises from the criminal legislation of the Republic of Croatia.
Period covered: 01/09/2019 -
Articles concerned : 10


CETS No.211
Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health

Reservation contained in the instrument of ratification deposited on 20 September 2019 - Or. Engl.

In accordance with Article 10, paragraph 4, of the Convention, the Republic of Croatia reserves the right to apply the jurisdiction rules laid down in Article 10, paragraphs 1.d and 2 of the Convention, subject to the conditions prescribed by the criminal legislation of the Republic of Croatia.
Period covered: 01/01/2020 -
Articles concerned : 10


CETS No.210
Council of Europe Convention on preventing and combating violence against women and domestic violence

Reservation contained in the instrument of ratification deposited on 12 June 2018 - Or. Engl.

In accordance with Article 78, paragraph 2, of the Convention, the Republic of Croatia reserves the right to apply the provisions laid down in Article 30, paragraph 2, only in respect of the victims who exercise the right to compensation in accordance with the national legislation governing the issue of compensation for the victims of offences.
Period covered: 01/10/2018 -
Articles concerned : 78, 30

Declaration contained in the instrument of ratification deposited on 12 June 2018 - Or. Engl.

The Republic of Croatia considers that the aim of the Convention is the protection of women against all forms of violence, as well as the prevention, prosecution and elimination of violence against women and domestic violence.
The Republic of Croatia considers that the provisions of the Convention do not include an obligation to introduce gender ideology into the Croatian legal and educational system, nor the obligation to modify the constitutional definition of marriage.
The Republic of Croatia considers that the Convention is in accordance with the provisions of the Constitution of the Republic of Croatia, in particular with the provisions on the protection of human rights and fundamental freedoms, and shall apply the Convention taking into account the aforementioned provisions, principles and values of the constitutional order of the Republic of Croatia.
Period covered: 01/10/2018 -
Articles concerned : -


CETS No.201
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse

Declaration contained in in the instrument of ratification deposited on 21 September 2011 - Or. Engl.

In accordance with Article 37, paragraph 2, of the Convention, Croatia designates as its national authority in charge for the purposes of Article 37, paragraph 1, of the Convention:

Ministry of Justice
Dežmanova 10
10000 Zagreb.
Period covered: 01/01/2012 -
Articles concerned : 37


CETS No.198
Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

Declaration contained in a Note verbale from the Permanent Representation of Croatia to the Council of Europe, dated 3 July 2019, registered at the Secretariat General on 5 July 2019 - Or. Engl.

The Republic of Croatia declares that in accordance with Article 46, paragraph 13, of the Convention, Croatia notifies as Financial Intelligence Unit (FIU) the Anti Money Laundering Office (Ured za sprječavanje pranja novca):

Ulica grada Vukovara 72
10000 Zagreb
Tel. +385 1 634455
e-mail: info.uzspn@mfin.hr
Period covered: 05/07/2019 -
Articles concerned : 46

Declaration contained in the instrument of ratification deposited on 10 October 2008 – Or. Engl.

In accordance with Article 42, paragraph 2, of the Convention, the Republic of Croatia declares that, without its prior consent, information or evidence may not be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.
Period covered: 01/02/2009 -
Articles concerned : 42

Declaration contained in the instrument of ratification deposited on 10 October 2008 – Or. Engl.

In accordance with Article 35, paragraph 3, of the Convention, the Republic of Croatia declares that requests and documents supporting such requests should be accompanied by a translation into the Croatian language or, if this is not possible, into the English language.
Period covered: 01/02/2009 -
Articles concerned : 35

Declaration contained in the instrument of ratification deposited on 10 October 2008 – Or. Engl.

In accordance with Article 33, paragraph 2, of the Convention, the Republic of Croatia declares that the central authorities designated in pursuance of paragraph 1 of Article 33 of the Convention are the Ministry of the Interior, Police Directorate, Criminal Police Department, Ilica 335, Zagreb, and State Attorney’s Office of the Republic of Croatia, Gajeva 30a, Zagreb.
Period covered: 01/02/2009 -
Articles concerned : 33

Declaration contained in the instrument of ratification deposited on 10 October 2008 – Or. Engl.

In accordance with Article 24, paragraph 3, of the Convention, the Republic of Croatia declares that Article 24, paragraph 2 of the Convention, applies only subject to the constitutional principles and the basic concepts of the Republic of Croatia’s legal system.
Period covered: 01/02/2009 -
Articles concerned : 24


ETS No.192
Convention on Contact concerning Children

Declaration contained in the instrument of ratification deposited on 5 February 2009 – Or. Engl., updated by a letter from the Permanent Representative of Croatia, dated 24 February 2017, registered at the Secretariat General on 24 February 2017 - Or. Engl.

Ministry of Demography, Family, Youth and Social Policy of the Republic of Croatia
Trg Nevenke Topalušić 1
10000 Zagreb
Croatia
Tel.: + 385 1 555 7111
fax : + 385 1 555 7222
E-mail: ministarstvo@mdomsp.hr


Period covered: 01/06/2009 -
Articles concerned : 11


ETS No.189
Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems

Reservation contained in the instrument of ratification deposited on 4 July 2008 - Or. Engl.

Pursuant to Article 3, paragraph 2, of the Additional Protocol, the Republic of Croatia reserves the right not to attach criminal liability to conduct as defined by paragraph 1 of Article 3 of the Additional Protocol, where racist and xenophobic material as defined in Article 2, paragraph 1, of the Additional Protocol advocates, promotes or incites discrimination that is not associated with hatred or violence.
Period covered: 01/11/2008 -
Articles concerned : 3


ETS No.185
Convention on Cybercrime

Declaration contained in a letter from the Chargée d'Affaires a.i. of Croatia, dated 8 January 2009, registered at the Secretariat General on 9 January 2009 – Or. Engl., updated by a communication from Croatia registered at the Secretariat General on 30 June 2010 - Or. Engl.

In accordance with Article 24, paragraph 7, Article 27, paragraph 2, and Article 35, paragraph 1, of the Convention on Cybercrime, Croatia designates as the competent authorities for the purposes of the Convention :

Articles 24 and 27:
the Ministry of Justice
Dežmanova 6
10 000 Zagreb.

Article 35:
The Ministry of Interior
General Police Directorate
Criminal Police Directorate
National Police Office for Suppression of Corruption and Organised Crime
Department for Economic Crime and Corruption
Ilica 335
10 000 Zagreb
Republic of Croatia
Internet: http://www.mup.hr

[Note by the Secretariat: For more information please contact the Executive Secretary of the Cybercrime Convention Committee, alexander.seger@coe.int.]
Period covered: 09/01/2009 -
Articles concerned : 35, 27, 24


ETS No.182
Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Declaration contained in the instrument of ratification deposited on 28 March 2007 - Or. Engl.

Concerning Article 9, paragraph 9, of the Second Additional Protocol, the Republic of Croatia declares that it will not apply the provisions of this article to hearings by video conference involving the accused person or the suspect.
Period covered: 01/07/2007 -
Articles concerned : 9

Declaration contained in the instrument of ratification deposited on 28 March 2007 - Or. Engl.

Concerning Article 6 of the Second Additional Protocol, the Republic of Croatia declares that for the purposes of the Convention and the Protocol, courts and state attorneys, shall be deemed judicial authorities.
Period covered: 01/07/2007 -
Articles concerned : 6

Declaration contained in the instrument of ratification deposited on 28 March 2007 - Or. Engl.

Concerning Article 4, paragraph 8, of the Second Additionnal Protocol, the Republic of Croatia declares that all the requests and other communications referred to in paragraphs 1 to 6 of Article 4 of the Second Additional Protocol should be forwarded to the Ministry of Justice.
Period covered: 01/07/2007 -
Articles concerned : 4

Reservation contained in the instrument of ratification deposited on 28 March 2007 - Or. Engl.

In accordance with Article 33, paragraph 2, of the Second Additional Protocol, the Republic of Croatia declares that it does not accept Articles 17, 18 and 19.
Period covered: 01/07/2007 -
Articles concerned : 33

Declaration contained in the instrument of ratification deposited on 28 March 2007 - Or. Engl.

In accordance with Article 26, paragraph 5, of the Second Additional Protocol, the Republic of Croatia declares that it requires that personal data transmitted to another Party not be used by that Party for the purposes referred to in paragraph 1 of Article 26, without its previous consent.
Period covered: 01/07/2007 -
Articles concerned : 26

Declaration contained in the instrument of ratification deposited on 28 March 2007 - Or. Engl.

Concerning Article 13, paragraph 7, of the Second Additional Protocol, the Republic of Croatia declares that the consent referred to in Article 13, paragraph 3, will be required before an agreement on a temporary transfer of a person held in custody is reached under Article 13, paragraph 1.
Period covered: 01/07/2007 -
Articles concerned : 13


ETS No.173
Criminal Law Convention on Corruption

Declaration contained in a Note verbale from the Permanent Representation of Croatia handed at the time of deposit of the instrument of acceptance, on 8 November 2000 - Or. Fr.

In accordance with Article 29 of the Convention, the central authority of the Republic of Croatia is the :
Ministry of Justice, Administration and Local Self-Government
of the Republic of Croatia
Directorate for International Co-operation,
International Judicial Cooperation and Human Rights
Ulica Republike Austrije 14
10 000 Zagreb
Croatia

Liaison Officer :

Ms Lidija Lukina KARAJKOVIC, Deputy Minister
Tel.: 00.385.1.37.10.670
Fax : 00.385.1.37.10.672
Period covered: 01/07/2002 -
Articles concerned : 29


ETS No.164
Convention for the protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine

Reservation contained in the instrument of ratification deposited on 28 November 2003 - Or. Engl.

In accordance with Article 36 of the Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine, the Republic of Croatia puts forward a reservation with regard to the conditions regulated in Article 20, paragraph 2, sub-paragraph ii of the Convention.

The Republic of Croatia excludes the limitation within Article 20, paragraph 2, sub-paragraph ii of the Convention, which exceptionally allows the removal of regenerative tissue from a person who is not able to consent solely when no compatible donor with the ability to consent is available, and the recipient is a brother or a sister of the donor. The limitation does not allow the removal of regenerative tissue (bone marrow) from a minor for the benefit of his/her parent. Such a limitation is not compatible with the Law of the Republic of Croatia in force – the Removal and Transplantation of Human Body Parts Act (Official Gazette No. 53/91), which allows the transplantation of regenerative tissue from a minor for the benefit of his/her parent. The Republic of Croatia hereby protects the vital interests of an underage donor, thereby saving the life of the donor’s parent who is of the utmost importance (for the minor).

The Republic of Croatia will apply Article 20, paragraph 2, sub-paragraph ii of the Convention, to the effect that the receiver is a parent, a brother or a sister of the donor.
Period covered: 01/03/2004 -
Articles concerned : 20


ETS No.161
European Agreement relating to persons participating in proceedings of the European Court of Human Rights

Declaration contained in a Note Verbale handed over to the Secretary General at the time of deposit of the instrument of ratification, on 2 December 1999 - Or. Engl.

Pursuant to Article 4, paragraph 2, sub-paragraph b of the European Agreement Relating to Persons Participating in Proceedings of the European Court of Human Rights, the Republic of Croatia declares that provision of Article 4, paragraph 2, sub-paragraph a will not apply to Croatian nationals.
Period covered: 01/02/2000 -
Articles concerned : 4


ETS No.160
European Convention on the Exercise of Children's Rights

Declaration contained in the instrument of ratification deposited on 6 April 2010 - Or. Engl.

In accordance with Article 1, paragraph 4, of the Convention, the Republic of Croatia designates the following categories of family cases to which this Convention is to apply before its judicial authorities:

. proceedings for deciding on parental care during the divorce of parents;
. proceedings for the exercise of parental care;
. measures for the protection of personal rights and interests of a child;
. proceedings for adoption, and
. proceedings concerning guardianship of minors.
Period covered: 01/08/2010 -
Articles concerned : 1


ETS No.148
European Charter for Regional or Minority Languages

Declaration contained in the instrument of ratification, deposited on 5 November 1997 - Or. Cro./Engl.

The Republic of Croatia declares that, in accordance with Article 2, paragraph 2, and Article 3, paragraph 1, of the European Charter for Regional of Minority Languages, it shall apply to Italian, Serbian, Hungarian, Czech, Slovak, Ruthenian and Ukrainian languages the following paragraphs of the Charter:

- In Article 8:
paragraph 1, sub-paragraphs a (iii), b (iv), c (iv), d (iv), e (ii), f (ii), g, h;

- In Article 9:
paragraph 1, sub-paragraphs a (ii), a (iv), b (ii), b (iii), c (ii), c (iii), d;
paragraph 2, sub-paragraph a;

- In Article 10:
paragraph 1, sub-paragraphs a (iii), a (iv) b, c;
paragraph 2, sub-paragraphs a, b, c, d, g;
paragraph 3, sub-paragraphs a, b, c;
paragraph 5;

- In Article 11:
paragraph 1, sub-paragraphs a (iii), d, e (ii);
paragraph 2;
paragraph 3;

- In Article 12:
paragraph 1, sub-paragraphs a, f, g;

- In Article 13:
paragraph 1, sub-paragraphs a, b, c;

- Article 14.
Period covered: 01/03/1998 -
Articles concerned : 9, 8, 3, 2, 14, 13, 12, 11, 10

Reservation contained in the instrument of ratification, deposited on 5 November 1997 - Or. Cro./Engl.

The Republic of Croatia declares, in pursuance of Article 21 of the European Charter for Regional of Minority Languages, that in respect of the Republic of Croatia the provisions of Article 7, paragraph 5, of the Charter shall not apply.
Period covered: 01/03/1998 -
Articles concerned : 7

Declaration contained in the instrument of ratification, deposited on 5 November 1997 - Or. Cro./Engl.
The Republic of Croatia declares, with regard to Article 1, paragraph b., of the Charter, that pursuant to Croatian legislature, the term "territory in which the regional or minority languages is used" shall refer to those areas in which the official use of minority language is introduced by the by-laws passed by the local self-government units, pursuant to Article 12 of the Constitution of the Republic of Croatia and Articles 7 and 8 of the Constitutional Law on Human Rights and Freedoms and the Rights of National and Ethnic Communities or Minorities on the Republic of Croatia.
Period covered: 01/03/1998 -
Articles concerned : 1


ETS No.147
European Convention on Cinematographic Co-Production

Declaration contained in a Note verbale from the Permanent Representation of Croatia handed over at the time of deposit of the instrument of ratification, on 6 August 2004 – Or. Fr.

In accordance with Article 5, paragraph 5, of the Convention, the Government of the Republic of Croatia designates the Ministry of Culture as competent authority (Ministartvo kulture – Runjaninova 2 – HR 10 000 Zagreb).
Period covered: 01/12/2004 -
Articles concerned : 5


ETS No.141
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime

Declaration contained in the instrument of ratification, deposited on 11 October 1997 - Or. Cro./Engl.

The Republic of Croatia does hereby declare that the Central Authority designated in pursuance of Article 23, paragraph 1, of the Convention is the Ministry of the Interior of the Republic of Croatia, Ulica grada Vukovara 33, 10000 Zagreb.
Period covered: 01/02/1998 -
Articles concerned : 23


ETS No.132
European Convention on Transfrontier Television

Declaration contained in a letter from the Permanent Representative of Croatia, dated 7 December 2001, handed to the Secretary General of the Council of Europe at the time of deposit of the instrument of acceptance, on 12 December 2001 - Or. Engl. - and updated by a letter from the Permanent Representative of Croatia, dated 13 December 2002, registered at the Secretariat General on 16 December 2002 - Or. Engl.

In accordance with Article 19, paragraph 2, of the Convention, the central authority in the Republic of Croatia is :

Vijece za radio I televiziju (Council for Radio and Television)

Prisavlje 14
10 000 Zagreb
Croatia
Tel.: 00.385.1.61.69.110/045
Fax : 00.385.1.61.96.662

The persons to contact are :

Mrs Tatjana HOLJEVAC

Deputy Minister at the Ministry for Shipping Affairs,
Transport and Communication.

Mr Krešo ANTONOVIC
Secretary of the Council for Radio and Television.
Tel. : 00.385.1.61.69.045
E-mail : krešo.antonovic@telekom.hr

Period covered: 01/04/2002 -
Articles concerned : 19


ETS No.128
Additional Protocol to the European Social Charter

Declaration contained in the instrument of ratification deposited on 26 February 2003 - Or. Engl.

The Republic of Croatia declares, in accordance with Article 5, paragraph 1, of the Additional Protocol to the European Social Charter, that it considers itself bound by Articles 1, 2 and 3 of Part II of the Additional Protocol.
Period covered: 28/03/2003 -
Articles concerned : 5


ETS No.127
Convention on Mutual Administrative Assistance in Tax Matters

Reservation contained in the instrument of ratification deposited on 28 February 2014 - Or. Engl.

Pursuant to Article 30, paragraph 1.a, of the Convention, the Republic of Croatia reserves the right not to provide any form of assistance in relation to the taxes of other Parties included in any of the following categories listed in Article 2, paragraph 1.b, of the Convention:

i. taxes on income, profits, capital gains or net wealth which are imposed on behalf of political subdivisions or local authorities of a Party;
ii. compulsory social security contributions payable to general government or to social security institutions established under public law;
iii. A. estate, inheritance or gift taxes,
iii. B. taxes on immovable property,
iii. D. specific taxes on goods and services such as excise taxes,
iii. E. taxes on the use or ownership of motor vehicles,
iii. F. taxes on the use or ownership of movable property other than motor vehicles;
iv. Taxes in categories referred to in sub-paragraph iii above which are imposed on behalf of political subdivisions or local authorities of a Party.

Pursuant to Article 30, paragraph 1.b, of the Convention, the Republic of Croatia reserves the right not to provide assistance in the recovery of any tax claim, or in the recovery of an administrative fine, for taxes listed in the reservation made under Article 30, paragraph 1.a, of the Convention.

Pursuant to Article 30, paragraph 1.c, of the Convention, the Republic of Croatia reserves the right not to provide assistance in respect of any tax claim, which is in existence at the date of entry into force of the Convention in respect of the Republic of Croatia, or, if the tax claim is in relation to taxes which are listed in the reservation made under Article 30, paragraph 1. a or b of the Convention, at the date of withdrawal of such a reservation by the Republic of Croatia.

Pursuant to Article 30, paragraph 1.d, of the Convention, the Republic of Croatia reserves the right not to provide assistance in the service of documents for the taxes in the reservation made under Article 30, paragraph 1.a, of the Convention.

Pursuant to Article 30, paragraph 1.f, of the Convention, the Republic of Croatia reserves the right to apply paragraph 7 of Article 28 exclusively for administrative assistance related to taxable periods beginning on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of the Republic of Croatia, or where there is no taxable period, for administrative assistance related to charges to tax arising on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of the Republic of Croatia.
Period covered: 01/06/2014 -
Articles concerned : 30

Declaration contained in the instrument of ratification deposited on 28 February 2014 - Or. Engl.

ANNEX B – Competent Authorities

In relation to the Republic of Croatia, the term “competent authority” means the Ministry of Finance or its authorised representative.
Period covered: 01/06/2014 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 28 February 2014 - Or. Engl.

ANNEX A – Existing taxes to which the Convention shall apply:

For the Republic of Croatia, the Convention shall apply to those taxes in Article 2, paragraph 1, of the Convention which fall within:

Article 2, paragraph 1.a.i:
- tax on income (porez na dohodak) ;
- tax on profits (porez na dobit).

Article 2, paragraph 1.b.iii :
C: - value-added Tax (porez na dodanu vrijednost);
G: - real estate transaction tax (porez na promet nekretnina).
Period covered: 01/06/2014 -
Articles concerned : 2


ETS No.122
European Charter of Local Self-Government

Declaration contained in a Note verbale from the Permanent Representation of Croatia, dated 24 June 2008, registered at the Secretariat General on 26 June 2008 - Or. Engl.

In accordance with Article 12, paragraph 3, of the Charter, the Republic of Croatia declares that it also considers itself bound by the following paragraphs of the Charter :

Article 4, paragraphs 3, 5 and 6;
Article 8, paragraph 3;
Article 9, paragraphs 4, 5, 6, 7 and 8,
Article 10, paragraph 2.
Period covered: 01/10/2008 -
Articles concerned : 12

Declaration contained in the instrument of ratification, deposited on 11 October 1997 - Or. Cro./Engl.

The Republic of Croatia hereby declares that, in pursuance of Article 12, paragraphs 1 and 2, of the Charter, it considers itself bound by the following paragraphs:

- Article 2;
- Article 3, paragraphs 1 and 2;
- Article 4, paragraphs 1, 2 and 4;
- Article 5;
- Article 6, paragraphs 1 and 2;
- Article 7, paragraphs 1, 2 and 3;
- Article 8, paragraphs 1 and 2;
- Article 9, paragraphs 1, 2 and 3;
- Article 10, paragraphs 1 and 3,
- Article 11.
Period covered: 01/02/1998 -
Articles concerned : 1


ETS No.116
European Convention on the Compensation of Victims of Violent Crimes

Declaration contained in the instrument of ratification deposited on 4 July 2008 - Or. Engl.

In accordance with Article 12 of the Convention, the Republic of Croatia designates the Ministry of Justice of the Republic of Croatia as a central authority to receive requests for mutual assistance in connection with the matters covered by the Convention.
Period covered: 01/11/2008 -
Articles concerned : 12


ETS No.112
Convention on the Transfer of Sentenced Persons

Modification of a declaration transmitted by a letter from the Permanent Representation, dated 27 June 2001, registered at the Secretary General on 28 June 2001 - Or. Engl.

Pursuant to the decision of the Croatian Parliament of 6 April 2001, I have the honour to inform you that the Republic of Croatia has decided to withdraw part of the exclusions indicated in the Declaration made at the time of the deposit of its Instrument of Accession, to the effect of extending the application of the Convention on the Transfer of Sentenced Persons in respect of the procedures provided in Article 9.1.a of the Convention to paragraphs 1 and 2 of Article 10.

The Republic of Croatia herewith amends the Declaration made at the time of the deposit of its Instrument of Accession and it now reads as follows :

"Pursuant to Article 3, paragraph 3, of the Convention, the Republic of Coratia declares that in the implementation of external sanctions in its territory it shall be committed to the procedure complying with the provisions of Article 9, paragraph 1.b, and Article 11 of the Convention.

This, however, does not exclude the application of the procedure defined in Article 9, paragraph 1.a, i.e. Article 10, paragraph 1, or Article 10, paragraph 2, of the Convention, in cases when another Party is unwilling to apply the procedure defined in Article 9, paragraph 1.b and Article 11, of the Convention, and if so required by the transfer concerned. In that case the sanction shall be adapted through a court order in compliance with the provision of Article 10, paragraph 1, or Article 10, paragraph 2, of the Convention, depending on the terms of the transfer, and the enforcement of the sentence passed in the sentencing State shall be continued.

In the application of the procedure provided in Article 10, paragraph 1, or Article 10, paragraph 2, of the Convention, in accordance with the terms of the transfer set by the sentencing State, the Republic of Croatia may decide not to exercise her rights provided in Article 12 of the Convention without the consent of the sentencing State."

Period covered: 28/06/2001 -
Articles concerned : 9, 3, 11, 10


ETS No.108
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Declaration contained in a Note verbale from the Permanent Representation of Croatia, dated 9 January 2006, registered at the Secretariat General on 9 January 2006 - Or. Engl.

The Croatian Government having seen and confirmed the Amendments to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data allowing the European Communities to accede (adopted by the Committee of Ministers, in Strasbourg, on 15 June 1999), accepts the same.
Articles concerned : 21

Declaration contained in the instrument of ratification deposited on 21 June 2005 - Or. Engl.

In accordance with Article 3, paragraph 2, sub-paragraph a, of the Convention, the Republic of Croatia declares that the Convention will not apply to the automated personal data files kept by individuals exclusively for personal use or for household purposes.
Period covered: 01/10/2005 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 21 June 2005 - Or. Engl.

In accordance with Article 3, paragraph 2, sub-paragraph c, of the Convention, the Republic of Croatia declares that the Convention will also apply to personal data files which are not processed automatically.
Period covered: 01/10/2005 -
Articles concerned : 3

Declaration contained in the instrument of ratification deposited on 21 June 2005 - Or. Engl.

In accordance with Article 13, paragraph 2, sub-paragraph a, of the Convention, the Republic of Croatia declares that the competent authority is the Personal Data Protection Agency.
Period covered: 01/10/2005 -
Articles concerned : 13


ETS No.104
Convention on the Conservation of European Wildlife and Natural Habitats

Reservations contained in the instrument of ratification deposited on 3 July 2000 – Or. Eng./Cro.

Pursuant to the provisions of paragraph 1 of Article 22, the Republic of Croatia makes the following reservations relating to Articles 5, 6 and 7 of the Convention:

Appendix I

- Salvinia natans: protection not to be implemented on fish farms.
- Trapa natans: protection not to be implemented on fish farms.
- Rheum rhaponticum.

Appendix II

To be considered a species mentioned in Appendix III :

- Felis silvestris
- Ursus arctus
- Vipera ammodytes

Appendix III

- Paracentrotus lividius
Period covered: 01/11/2000 -
Articles concerned : 22


ETS No.090
European Convention on the Suppression of Terrorism

Reservation contained in the instrument of ratification deposited on 15 January 2003 - Or. Engl.

In accordance with Article 13, paragraph 1, of the Convention, the Republic of Croatia reserves the right to refuse extradition in respect of any offence mentioned in Article 1 of the Convention, which it considers to be a political offence, or an offence inspired by political motives. In these cases, the Republic of Croatia undertakes to take into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence, including:

a. that it created a collective danger to the life, physical integrity or liberty of persons, or
b. that it affected persons foreign to the motives behind it, or
c. that cruel or vicious means have been used in the commission of the offence.
Period covered: 16/04/2003 -
Articles concerned : 13


ETS No.062
European Convention on Information on Foreign Law

Declaration contained in the instrument of ratification deposited on 6 February 2014 - Or. Engl.

In accordance with Article 2, paragraph 2, of the European Convention on Information on Foreign Law, Croatia declares that its receiving and transmitting agency pursuant to Article 2, paragraphs 1 and 2, of the Convention is:

The Ministry of Justice of the Republic of Croatia
Ulica grada Vukovara 49,
10 000 Zagreb.
Period covered: 07/05/2014 -
Articles concerned : 2


ETS No.035
European Social Charter

Declaration contained in the instrument of ratification deposited on 26 February 2003 - Or. Engl.

The Republic of Croatia declares, in accordance with Article 20, paragraph 2, of the Charter, that it considers itself bound by the following Articles of Part II of the Charter: Articles 1, 2, 5, 6, 7, 8, 9, 11, 13, 14, 16 and 17.
Period covered: 28/03/2003 -
Articles concerned : 20


ETS No.030
European Convention on Mutual Assistance in Criminal Matters

Declaration contained in the instrument of ratification deposited on 7 May 1999 - Or. Engl./Cro.

The Republic of Croatia declares that service of a summons on a person residing in the Croatian territory must be transmitted to the competent Croatian judicial authorities no less than 30 days before the date set for appearance.
Period covered: 05/08/1999 -
Articles concerned : 7

Reservation contained in the instrument of ratification deposited on 7 May 1999 - Or. Engl./Cro.

The Republic of Croatia declares that letters rogatory delivered for search or seizure of property will be executed only if conditions determined in sub-paragraphs a), b) and c) of Article 5, paragraph 1, are fulfilled.
Period covered: 05/08/1999 -
Articles concerned : 5

Declaration contained in the instrument of ratification deposited on 7 May 1999 - Or. Engl./Cro.

For the purposes of the Convention, judicial authorities in the Republic of Croatia are courts and offices of public prosecutor.

[Note by the Secretariat: See also the declaration made by Croatia to Article 6 of the Second Additional Protocol to the Convention (ETS No. 182), on 28 March 2007.]
Period covered: 05/08/1999 -
Articles concerned : 24

Declaration contained in the instrument of ratification deposited on 7 May 1999 - Or. Engl./Cro.

The Republic of Croatia declares that letters rogatory for mutual assistance and annexed documents shall be accompanied by a translation into the Croatian language or, if not possible, into the English language.
Period covered: 05/08/1999 -
Articles concerned : 16

Declaration contained in the instrument of ratification deposited on 7 May 1999 - Or. Engl./Cro.

The Republic of Croatia declares that letters rogatory for mutual assistance are to be addressed to the Ministry of Justice of the Republic of Croatia. In case of urgency, letters rogatory may be addressed to the Ministry of Justice of the Republic of Croatia through the International Criminal Police Organisation (INTERPOL).

[Note by the Secretariat: See also the declaration made by Croatia to Article 4 of the Second Additional Protocol to the Convention (ETS No. 182), on 28 March 2007.]
Period covered: 05/08/1999 -
Articles concerned : 15


ETS No.024
European Convention on Extradition

Declaration contained in the instrument of accession, deposited on 25 January 1995 - Or. Engl.

Article 9 of the Constitution of the Republic of Croatia prohibits the extradition of Croatian citizens.

Consequently, the Republic of Croatia will not allow any extradition of its own citizens.
Period covered: 25/04/1995 -
Articles concerned : 6

Declaration contained in the instrument of accession, deposited on 25 January 1995 - Or. Engl.

The "nationality" of a person being requested for extradition will be considered in terms of the time when the criminal act was committed and in compliance with the regulations of the Republic of Croatia regarding citizenship (Article 6, paragraph 1 (b), of the Convention).
Period covered: 25/04/1995 -
Articles concerned : 6

Declaration contained in the instrument of accession, deposited on 25 January 1995 - Or. Engl.

Article 9 of the Constitution of the Republic of Croatia prohibits the extradition of Croatian citizens.

Consequently, the Republic of Croatia will not allow any transit (Article 21, paragraph 2, of the Convention) of its own citizens.
Period covered: 25/04/1995 -
Articles concerned : 21

Declaration contained in the instrument of accession, deposited on 25 January 1995 - Or. Engl.

The Republic of Croatia will approve the transit of a person only under the conditions applying to extradition (Article 21, paragraph 5, of the Convention).
Period covered: 25/04/1995 -
Articles concerned : 21


ETS No.005
Convention for the Protection of Human Rights and Fundamental Freedoms

Reservation contained in the instrument of ratification, deposited on 5 November 1997 - Or. Cro./Engl.

In accordance with Article 64 of the Convention for the Protection of Human Rights and Fundamental Freedoms [Article 57 since the entry into force of the Protocol No 11], the Republic of Croatia does hereby make the following reservation in respect of the right to a public hearing as guaranteed by Article 6, paragraph 1, of the Convention:

The Republic of Croatia cannot guarantee the right to a public hearing before the Administrative Court in cases in which it decides on the legality of individual acts of administrative authorities. In such cases the Administrative Court in principle decides in closed session.

The relevant provision of the Croatian law referred to above is Article 34, paragraph 1, of the Law on Administrative Disputes, which reads as follows: "In administrative disputes the Administrative Court decides in closed session."
Period covered: 05/11/1997 -
Articles concerned : 6


CETS No.223
Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Declaration contained in the instrument of ratification deposited on 21 September 2020 – Or. Engl.

Pending the entry into force of the Protocol and action pursuant to Article 37, paragraph 3, of the Protocol, the Republic of Cyprus declares that it will apply this Protocol on a provisional basis.
Articles concerned : 37


CETS No.218
Council of Europe Convention on an Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events

Objection contained in a Note verbal from the Permanent Representation of Cyprus, dated 28 August 2020 and registered at the Secretariat General on 31 August 2020 – Or. Engl.

The Republic of Cyprus has examined the Declaration deposited by the Republic of Turkey on 25 May 2020, upon ratification of the Council of Europe Convention on an Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events (2016, CETS No. 218) and notes with regret that such a declaration is inconsistent with international law and contradicts, inter alia, the binding UN Security Council Resolutions on Cyprus.

Having signed the Convention on 4 May 2017, the Republic of Cyprus is not yet a State Party thereto, as the ratification is pending. Irrespectively, in the view of the Republic of Cyprus, a member state of the United Nations, the European Union, the Council of Europe and other International Organizations, the content and purported effect of this Declaration renders it tantamount to a reservation contrary to the object and purpose of the Convention.

It is the firm position of the Republic of Cyprus that Turkey, by repeatedly undermining the legitimacy of the Republic of Cyprus and promoting the illegal secessionist entity in the occupied part of the Republic of Cyprus, including, through declarations as the present one, holds in contempt international law and the international legal order.

The Republic of Cyprus, therefore, strongly rejects the aforesaid Declaration made by the Republic of Turkey and considers it null and void.
Articles concerned : -


CETS No.212
Fourth Additional Protocol to the European Convention on Extradition

Objection contained in a Note Verbale from the Permanent Representation of Cyprus, dated 6 December 2016, registered at the Secretariat General on 23 January 2017 - Or. Engl.

The Republic of Cyprus has examined the Declaration deposited by the Republic of Turkey upon ratification of the Fourth Additional Protocol to the European Convention on Extradition (CETS No. 212), dated 11 July 2016 and registered at the Secretariat General of the Council of Europe on 13 July 2016.

The Republic of Turkey declares that its ratification of the Fourth Additional Protocol to the European Convention on Extradition neither amounts to any form of recognition of the Republic of Cyprus as party to that Protocol, nor should it imply any obligation on the part of the Republic of Turkey to enter into any dealing with the Republic of Cyprus within the framework of the said Protocol.

The Republic of Cyprus is not a State Party to the Fourth Additional Protocol to the European Convention on Extradition. However, in the view of the Republic of Cyprus, the content and purported effect of this Declaration makes it tantamount in its essence to a reservation contrary to the object and purpose of the Protocol. The Republic of Cyprus therefore strongly rejects the aforesaid Declaration made by the Republic of Turkey and considers such declaration to be null and void.

Regarding the Republic of Turkey’s pretension, as expressed in the same Declaration, that ”the Republic of Cyprus is defunct and that there is no single authority which in law or in fact is competent to represent jointly the Turkish Cypriots and the Greek Cypriots and consequently Cyprus as a whole“, the Republic of Cyprus would like to remind of the following:

Despite, being, through binding international agreements, a guarantor of ”the independence, territorial integrity and security of the Republic of Cyprus“ (Article II of the 1960 Treaty of Guarantee), the Republic of Turkey illegally invaded Cyprus in 1974 and continues since then occupying 36.2% of the territory of the Republic.

The illegality of such aggression was made manifested by the U.N. Security Council Resolutions 541 (1983) and 550 (1984). Resolution 541’s operative paragraph 2 considers “the declaration [of the Turkish Cypriot authorities of the purported secession of part of the Republic of Cyprus] as legally invalid and “calls for its withdrawal”. Paragraph 6 then “calls upon all States to respect the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus” and further at par. 7 “calls upon all States not to recognize any Cypriot state other than the Republic of Cyprus”. Resolution 550, operative para. 2, also ”condemns all secessionist actions, including the purported exchange of Ambassadors between Turkey and the Turkish Cypriot leadership, declares them illegal and invalid, and calls for their immediate withdrawal”. Para. 3 then “reiterates the call upon all States not to recognize the purported state of the “Turkish Republic of Northern Cyprus” set up by secessionist acts and calls upon them not to facilitate or in any way assist the aforesaid secessionist entity”.

The European Court of Human Rights additionally, in its Judgment of 10th May 2001 on the Fourth Interstate Application of Cyprus v. Turkey, found, at para. 77, that Turkey, which has ”effective control over northern Cyprus“, is responsible for securing all human rights under the European Convention on Human Rights and for violations of such rights by her own soldiers or officials, or by the local administration, which are imputable to Turkey. The responsibilities of the occupying power emanate from international humanitarian law, including the Fourth Geneva Convention.

Turkey is responsible for the policies and actions of the “TRNC” because of the effective control she exercises through her army. Her responsibility is engaged by virtue of the acts of the local administration, which survives by virtue of Turkish military and other support (Cyprus v. Turkey, Judgment, 10 May 2001, at pp. 20-21, reiterating Loizidou). From the judgments of the European Court of Human Rights and the Security Council Resolutions on Cyprus, it is evident that the international community does not regard the “TRNC” (Turkey’s subordinate local administration in occupied Cyprus, condemned in the strongest terms by the Security Council ) as a State under international law (Cyprus v. Turkey, 10 May 2001, para. 61). In contrast, the Republic of Cyprus has repeatedly been held to be the sole legitimate Government of Cyprus, contrary to Turkey’s assertions about that Government, which Turkey calls “the Greek Cypriot Administration” with pretences “to represent the defunct Republic”. The Turkish assertions constitute a propaganda ploy to divert attention from Turkey’s responsibility for the violations in occupied Cyprus. Turkey’s assertions and her assorted objections to the Republic of Cyprus’ authority, jurisdiction and sovereignty, and her claims on behalf of the Turkish Cypriots and the “TRNC”, have repeatedly been rejected by the international community and relevant judicial bodies where such claims were fully argued and then rejected in Cyprus’s pleadings. Misrepresentations about the treatment of Turkish Cypriots by the Government of Cyprus were made. (These claims were repeated in Turkey’s current Declaration). In fact, the European Court of Human Rights and the Commission accepted Cyprus arguments and refutation of Turkish assertions and exaggerations about the period prior to Turkey’s invasion of Cyprus in July 1974. It refused to pronounce on Turkey’s version of the ejection of Turkish Cypriots from offices of State (there was in fact a Turkish boycott).

It is now time for the relevant pronouncement in Resolutions and the decisions therein, as well as in judgments of the European Court of Human Rights to be heard and acted upon. The Court itself insisted in its 12 May 2014 Just Satisfaction Judgment that this must happen once the Court had spoken (Cyprus v. Turkey, p. 23 Joint Concurring Judgment of nine Judges). It should be emphasized that, as recently as 26 July 2016 (Security Council Resolution 2300), the Security Council reaffirmed all its relevant Resolutions on Cyprus, having, over several decades, reiterated their content.

Nevertheless, the Republic of Turkey, not only flagrantly holds in contempt all relevant U.N. Resolutions, International Law rules and the U.N. Charter on the matter, but furthermore she continues violating international legality, by systematically questioning the legitimacy of the Republic of Cyprus and further promoting the illegal secessionist entity in the occupied part of the Republic of Cyprus, including through declarations, as the one at hand.
Articles concerned : -


CETS No.211
Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health

Objection contained in a Note Verbale from the Permanent Representation of Cyprus, dated 17 October 2017, registered at the Secretariat General on 7 November 2017 - Or. Engl.

The Republic of Cyprus has examined the Declaration deposited by the Republic of Turkey upon ratification of the “Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health” (CETS No. 211) dated 28 October 2011, and registered at the Secretariat General of the Council of Europe on 21 September 2017.

The Republic of Turkey declares that its ratification of the “Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health” neither amounts to any form of recognition of the “Greek Cypriot Administration’s pretention to represent the defunct “Republic of Cyprus”, as party to that Convention, nor should it imply any obligation on the part of Turkey to enter into any dealing with the “so-called Republic of Cyprus” within the framework of the said Convention”.

The Republic of Cyprus is not a State Party to the “Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health” (CETS No. 211). However, in the view of the Republic of Cyprus, the content and purported effect of this Declaration makes it tantamount in its essence to a reservation contrary to the object and purpose of the Convention. By such Declaration, the Republic of Turkey purports to evade its obligations under the Convention vis-à-vis another equal and sovereign State Party, namely the Republic of Cyprus. Indeed, the Declaration prevents the realization of cooperation between State Parties foreseen by the Convention.

The Republic of Cyprus therefore strongly rejects the aforesaid Declaration made by the Republic of Turkey and considers such declaration to be null and void. The aforementioned objections by the Republic of Cyprus shall not preclude the entry into force of the Convention, in its entirety, between the Republic of Cyprus and the Republic of Turkey.

Regarding the Republic of Turkey’s pretension, as expressed in the same Declaration, that “the Greek Cypriot Administration’s pretention to represent the defunct “Republic of Cyprus” as party to that Convention, nor should it imply any obligation on the part of Turkey to enter into any dealing with the so-called Republic of Cyprus within the framework of the said Convention”, the Republic of Cyprus would like to remind of the following:

Despite, being, through binding international agreements, a guarantor of “the independence, territorial integrity and security of the Republic of Cyprus” (Article II of the 1960 Treaty of Guarantee), the Republic of Turkey illegally invaded Cyprus in 1974 and continues since then occupying 36.2% of the territory of the Republic.

The illegality of such aggression was made manifested by the U.N. Security Council Resolutions 541 (1983) and 550 (1984). Resolution 541’s operative paragraph 2 considers “the declaration [of the Turkish Cypriot authorities of the purported secession of part of the Republic of Cyprus] as legally invalid and “calls for its withdrawal”. Paragraph 6 then “calls upon all States to respect the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus” and further at paragraph 7 “calls upon all States not to recognize any Cypriot state other than the Republic of Cyprus”. Resolution 550, operative para. 2, also “condemns all secessionist actions, including the purported exchange of Ambassadors between Turkey and the Turkish Cypriot leadership, declares them illegal and invalid, and calls for their immediate withdrawal”. Para. 3 then « reiterates the call upon all States not to recognize the purported state of the “Turkish Republic of Northern Cyprus” set up by secessionist acts and calls upon them not to facilitate or in any way assist the aforesaid secessionist entity”.

The European Court of Human Rights additionally, in its Judgment of 10th May 2001 on the Fourth Interstate Application of Cyprus v. Turkey, found, at para. 77, that Turkey, which has “effective control over northern Cyprus”, is responsible for securing all human rights under the European Convention on Human Rights and for violations of such rights by her own soldiers or officials, or by the local administration, which are imputable to Turkey. The responsibilities of the occupying power emanate from international humanitarian law, including the Fourth Geneva Convention.

Turkey is responsible for the policies and actions of the “TRNC” because of the effective control she exercises through her army. Her responsibility is engaged by virtue of the acts of the local administration, which survives by virtue of Turkish military and other support (Cyprus v. Turkey, Judgment, 10 May 2001, at pp. 20-21, reiterating Loizidou). From the judgments of the European Court of Human Rights and the Security Council Resolutions on Cyprus, it is evident that the international community does not regard the “TRNC” (Turkey’s subordinate local administration in occupied Cyprus, condemned in the strongest terms by the Security Council) as a State under international law (Cyprus v. Turkey, 10 May 2001, para. 61). In contrast, the Republic of Cyprus has repeatedly been held to be the sole legitimate Government of Cyprus, contrary to Turkey’s assertions about that Government, which Turkey calls “the Greek Cypriot Administration” with pretences “to represent the defunct Republic”. The Turkish assertions constitute a propaganda ploy to divert attention from Turkey’s responsibility for the violations in occupied Cyprus. Turkey’s assertions and her assorted objections to the Republic of Cyprus’ authority, jurisdiction and sovereignty, and her claims on behalf of the Turkish Cypriots and the “TRNC”, have repeatedly been rejected by the international community and relevant judicial bodies where such claims were fully argued and then rejected in Cyprus’s pleadings. Misrepresentations about the treatment of Turkish Cypriots by the Government of Cyprus were made. In fact, the European Court of Human Rights and the Commission accepted Cyprus arguments and refutation of Turkish assertions and exaggerations about the period prior to Turkey’s invasion of Cyprus in July 1974. It refused to pronounce on Turkey’s version of the ejection of Turkish Cypriots from offices of State (there was in fact a Turkish boycott).

It is now time for the relevant pronouncement in Resolutions and the decisions therein, as well as in judgments of the European Court of Human Rights to be heard and acted upon. The Court itself insisted in its 12 May 2014 Just Satisfaction Judgment that this must happen once the Court had spoken (Cyprus v. Turkey, p. 23 Joint Concurring Judgment of nine Judges). It should be emphasized that, as recently as 26 July 2016 (Security Council Resolution 2300), the Security Council reaffirmed all its relevant Resolutions on Cyprus, having, over several decades, reiterated their content.

Nevertheless, the Republic of Turkey, not only flagrantly holds in contempt all relevant U.N. Resolutions, International Law rules and the U.N. Charter on the matter, but furthermore she continues violating international legality, by systematically questioning the legitimacy of the Republic of Cyprus and further promoting the illegal secessionist entity in the occupied part of the Republic of Cyprus, including through declarations, as the one at hand.
Articles concerned : -


CETS No.210
Council of Europe Convention on preventing and combating violence against women and domestic violence

Reservation contained in a Note verbale from the Permanent Representation of Cyprus dated 15 June 2015, deposited at the time of the signature of the instrument, on 16 June 2015 – Or. Engl., confirmed in a Note verbale from the Permanent Representation of Cyprus deposited with the instrument of ratification on 10 November 2017 - Or. Engl.

In accordance with Article 78, paragraph 2, of the Convention, the Republic of Cyprus reserves the right not to apply the provisions laid down in:

a) Article 30, paragraph 2;
b) Article 44, paragraphs 1.e, 3 and 4;
c) Article 59.
Period covered: 01/03/2018 -
Articles concerned : 78, 59, 44, 30


CETS No.209
Third Additional Protocol to the European Convention on Extradition

Objection contained in a Note Verbale from the Permanent Representation of Cyprus, dated 6 December 2016, registered at the Secretariat General on 23 January 2017 - Or. Engl.

The Republic of Cyprus has examined the Declaration deposited by the Republic of Turkey upon ratification of the Third Additional Protocol to the European Convention on Extradition (ETS No. 209), dated 11 July 2016 and registered at the Secretariat General of the Council of Europe on 13 July 2016.

The Republic of Turkey declares that its ratification of the Third Additional Protocol to the European Convention on Extradition neither amounts to any form of recognition of the Republic of Cyprus, as party to that Protocol, nor should it imply any obligation on the part of the Republic of Turkey to enter into any dealing with the Republic of Cyprus within the framework of the said Protocol.

In the view of the Republic of Cyprus, the content and purported effect of this Declaration makes it tantamount in its essence to a reservation contrary to the object and purpose of the Protocol. By such Declaration, the Republic of Turkey purports to evade its obligations under the Protocol vis-à-vis another equal and sovereign State Party, namely the Republic of Cyprus. Indeed, the Declaration prevents the realization of cooperation between State Parties foreseen by the Protocol.

The Republic of Cyprus therefore strongly rejects the aforesaid Declaration made by the Republic of Turkey and considers such declaration to be null and void. The aforementioned objections by the Republic of Cyprus shall not preclude the entry into force of the Protocol, in their entirety, between the Republic of Cyprus and the Republic of Turkey.

Regarding the Republic of Turkey’s pretension, as expressed in the same Declaration, that ”the Republic of Cyprus is defunct and that there is no single authority which in law or in fact is competent to represent jointly the Turkish Cypriots and the Greek Cypriots and consequently Cyprus as a whole“, the Republic of Cyprus would like to remind of the following:

Despite, being, through binding international agreements, a guarantor of ”the independence, territorial integrity and security of the Republic of Cyprus“ (Article II of the 1960 Treaty of Guarantee), the Republic of Turkey illegally invaded Cyprus in 1974 and continues since then occupying 36.2% of the territory of the Republic.

The illegality of such aggression was made manifested by the U.N. Security Council Resolutions 541 (1983) and 550 (1984). Resolution 541’s operative paragraph 2 considers “the declaration [of the Turkish Cypriot authorities of the purported secession of part of the Republic of Cyprus] as legally invalid and “calls for its withdrawal”. Paragraph 6 then “calls upon all States to respect the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus” and further at par. 7 “calls upon all States not to recognize any Cypriot state other than the Republic of Cyprus”. Resolution 550, operative para. 2, also ”condemns all secessionist actions, including the purported exchange of Ambassadors between Turkey and the Turkish Cypriot leadership, declares them illegal and invalid, and calls for their immediate withdrawal”. Para. 3 then “reiterates the call upon all States not to recognize the purported state of the “Turkish Republic of Northern Cyprus” set up by secessionist acts and calls upon them not to facilitate or in any way assist the aforesaid secessionist entity”.

The European Court of Human Rights additionally, in its Judgment of 10th May 2001 on the Fourth Interstate Application of Cyprus v. Turkey, found, at para. 77, that Turkey, which has ”effective control over northern Cyprus“, is responsible for securing all human rights under the European Convention on Human Rights and for violations of such rights by her own soldiers or officials, or by the local administration, which are imputable to Turkey. The responsibilities of the occupying power emanate from international humanitarian law, including the Fourth Geneva Convention.

Turkey is responsible for the policies and actions of the “TRNC” because of the effective control she exercises through her army. Her responsibility is engaged by virtue of the acts of the local administration, which survives by virtue of Turkish military and other support (Cyprus v. Turkey, Judgment, 10 May 2001, at pp. 20-21, reiterating Loizidou). From the judgments of the European Court of Human Rights and the Security Council Resolutions on Cyprus, it is evident that the international community does not regard the “TRNC” (Turkey’s subordinate local administration in occupied Cyprus, condemned in the strongest terms by the Security Council ) as a State under international law (Cyprus v. Turkey, 10 May 2001, para. 61). In contrast, the Republic of Cyprus has repeatedly been held to be the sole legitimate Government of Cyprus, contrary to Turkey’s assertions about that Government, which Turkey calls “the Greek Cypriot Administration” with pretences “to represent the defunct Republic”. The Turkish assertions constitute a propaganda ploy to divert attention from Turkey’s responsibility for the violations in occupied Cyprus. Turkey’s assertions and her assorted objections to the Republic of Cyprus’ authority, jurisdiction and sovereignty, and her claims on behalf of the Turkish Cypriots and the “TRNC”, have repeatedly been rejected by the international community and relevant judicial bodies where such claims were fully argued and then rejected in Cyprus’s pleadings. Misrepresentations about the treatment of Turkish Cypriots by the Government of Cyprus were made. (These claims were repeated in Turkey’s current Declaration). In fact, the European Court of Human Rights and the Commission accepted Cyprus arguments and refutation of Turkish assertions and exaggerations about the period prior to Turkey’s invasion of Cyprus in July 1974. It refused to pronounce on Turkey’s version of the ejection of Turkish Cypriots from offices of State (there was in fact a Turkish boycott).

It is now time for the relevant pronouncement in Resolutions and the decisions therein, as well as in judgments of the European Court of Human Rights to be heard and acted upon. The Court itself insisted in its 12 May 2014 Just Satisfaction Judgment that this must happen once the Court had spoken (Cyprus v. Turkey, p. 23 Joint Concurring Judgment of nine Judges). It should be emphasized that, as recently as 26 July 2016 (Security Council Resolution 2300), the Security Council reaffirmed all its relevant Resolutions on Cyprus, having, over several decades, reiterated their content.

Nevertheless, the Republic of Turkey, not only flagrantly holds in contempt all relevant U.N. Resolutions, International Law rules and the U.N. Charter on the matter, but furthermore she continues violating international legality, by systematically questioning the legitimacy of the Republic of Cyprus and further promoting the illegal secessionist entity in the occupied part of the Republic of Cyprus, including through declarations, as the one at hand.
Period covered: 23/01/2017 -
Articles concerned : -

Declaration contained in a Note Verbale from the Permanent Representation of Cyprus, dated 6 February 2014, deposited with the instrument of ratification, on 7 February 2014 - Or. Engl.

In accordance with Article 5 (b) of the Third Additional Protocol to the European Convention on Extradition, the Republic of Cyprus declares that the rules laid down in Article 14 of the European Convention on Extradition do not apply when the person extradited by the Republic of Cyprus consented to her or his extradition and expressly renounced her or his entitlement to the rule of specialty, in accordance with Article 4 of the said Additional Protocol.
Period covered: 01/06/2014 -
Articles concerned : 5, 14


CETS No.208
Protocol amending the Convention on Mutual Administrative Assistance in Tax Matters

Objection contained in a Note verbale from the Permanent Representation of Cyprus, dated 25 February 2016, registered at the Secretariat General on 29 February 2016 - Or. Engl.

The Republic of Cyprus objects to the declaration of the Republic of Azerbaijan dated 23 May 2014, registered at the Secretariat General of the OECD on 23 September 2014 and confirmed at the time of ratification of the Protocol on 29 May 2015, limiting the implementation of the provisions of the Convention and Protocol only to the States with which the Republic of Azerbaijan has diplomatic relations. The aforesaid declaration is contrary to the object and purpose of the Convention as it precludes the realisation of the cooperation foreseen by the Convention between all member States of the Council of Europe, one of which is the Republic of Cyprus, and as such, the said reservation is invalid.
Period covered: 29/02/2016 -
Articles concerned : -

Objection contained in a Note verbale from the Ministry of Foreign Affairs of Cyprus, dated 11 September 2015, registered at the Secretariat General on 14 September 2015 - Or. Engl.

The Republic of Cyprus objects to the declaration of the Republic of Azerbaijan dated 23 may 2014 and registered at the Secretariat General of the OECD on 23 September 2014, limiting the implementation of the provisions of the Convention and Protocol only to the States with which the Republic of Azerbaijan has diplomatic relations. The aforesaid declaration is contrary to the object and purpose of the Convention as it precludes the realisation of the cooperation foreseen by the Convention between all member States of the Council of Europe, one of which is the Republic of Cyprus, and as such, the said reservation is invalid.
Period covered: 14/09/2015 -
Articles concerned : -

Objection contained in a Note verbale from the Permanent Representation of Cyprus, dated 16 December 2014, deposited with the instrument of ratification on 19 December 2014 - Or. Engl.

The Republic of Cyprus objects to the declaration deposited by the Republic of Turkey at the time of signature of the instrument on 3 November 2011, limiting the implementation of the provisions of the Convention and the Protocol only to the States with which the Republic of Turkey has diplomatic relations. The aforesaid declaration is contrary to the object and purpose of the Convention as it precludes the realization of the cooperation foreseen by the Convention between all member States of the Council of Europe, one of which is the Republic of Cyprus, and, as such, the said reservation is invalid
Period covered: 01/04/2015 -
Articles concerned : -


CETS No.207
Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority

Declaration appended to the full powers handed to the Deputy Secretary General at the time of the signature of the instrument on 16 May 2011 - Or. Engl., and confirmed in the instrument of ratification deposited on 28 September 2012 - Or. Engl.

In accordance with Article 3 of the Protocol, the Republic of Cyprus declares that the rights under the said Protocol shall be available in relation to Municipalities and Communities as defined, created and