Бюро Договорoв

Оговорки и заявления по Договору №:216 - Конвенция Совета Европы против торговли человеческими органами

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Великобритания

Reservation contained in a Note verbale from the Permanent Representation of the United Kingdom, handed over to the Secretary General of the Council of Europe at the time of signature of the instrument, on 25 March 2015 - Or. Engl.

In accordance with the provisions of paragraph 3 of Article 10 and paragraph 1 of Article 30 of the Convention, the Government of the United Kingdom reserves the right not to apply the jurisdiction rules laid down in paragraph 1.d and e of Article 10 of the Convention.

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Испания

Declaration contained in a Note Verbale from the Permanent Representation of Spain, dated 3 May 2017, registered at the Secretariat General on 5 May 2017 - Or. Fr.

The Permanent Representation of the Kingdom of Spain has the honour to communicate that if the Council of Europe Convention against Trafficking in Human Organs (CETS No. 216) 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 of which the mentioned non-autonomous territory is dependent.

3. As a result, any participation of the Gibraltarian authorities in the application of this 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 this Council of Europe Convention against Trafficking in Human Organs, opened for signature, in Santiago de Compostela, on 25 March 2015.

5. The application of the 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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Росси́йская Федера́ция

Communication contained in the full powers of signature handed over to the Secretary General at the time of signature of the instrument, on 24 September 2015 – Or. Eng.

The Russian Federation strongly condemns the inclusion into Article 4 of the Convention, despite objections from many States, of the provision which allows the formulation of declarations providing for the possibility of removal of human organs without permission of a living donor. The Russian Federation considers indent 2 of Article 4 of the Convention as a digression from the high standards of the Council of Europe in the field of protection of human rights which significantly undermines the regime of combating the inhuman crimes covered by the Convention, and hopes that the States acceding to the Convention shall refrain from making such declarations.

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Чешская республика

Reservation handed over to the Secretary General of the Council of Europe at the time of signature of the instrument, on 25 March 2015 – Or. Eng.

In accordance with Article 30, paragraph 2, of the Convention, the Czech Republic reserves the right to apply the Article 5 of the Convention in case of organs removed from a deceased person only to conduct committed with the aim to enrich oneself or other.

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