Riserve e dichiarazioni per trattato n°199 - Convenzione quadro del Consiglio d'Europa sul valore del patrimonio culturale per la società
Natura della dichiarazione : Dichiarazioni, Denunce, Deroghe
Situazione in data del 23/10/2019
SpagnaDeclaration contained in a Note verbale from the Permanent Representation of Spain, dated 12 December 2018, handed over to the Deputy Secretary General of the Council of Europe at the time of signature of the instrument, on 12 December 2018 – Or. Engl.
Spain considers that this Convention can be interpreted in a manner that is consistent with its legislation currently in force with regards to National Heritage ("Patrimonio Nacional") and the assignment of other goods to public utility purposes according to national law and under the regime established therein.
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Declaration contained in a Note verbale from the Permanent Representation of Spain, dated 12 December 2018, handed over to the Deputy Secretary General of the Council of Europe at the time of signature of the instrument, on 12 December 2018 – Or. Engl.
In the event that this Framework Convention were to be ratified by the United Kingdom and extended to Gibraltar, Spain would like to make the following declaration:
1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory is dependent.
3. As a result, any participation of the Gibraltarian authorities in the application of this Framework Convention will be understood as carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way what was established in the two previous paragraphs.
4. The procedure foreseen in the “Arrangements relating to Gibraltar authorities in the context of certain international treaties” which were adopted by Spain and the United Kingdom on 19 December 2007, as well as the "Agreed Arrangements relating to Gibraltar authorities in the context of EU and EC instruments and related treaties", dated 19 April 2000, apply to Framework Convention on the Value of Cultural Heritage for Society.
5. The application of this Framework Convention to Gibraltar should not be interpreted as an acknowledgment of any right or any situation regarding areas not covered by Article X of the Treaty of Utrecht of 13 July 1713, concluded between the Crowns of Spain and of the United Kingdom.
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