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 List of declarations made with respect to treaty No. 030
Reservation contained in the intrument of ratification deposited on 18 August 1982 - Or. Fr. Spain reserves the right to make the execution of letters rogatory for search or seizure of property dependent on the following conditions: a. that the offence motivating the letters rogatory is punishable under Spanish law; b. that the offence motivating the letters rogatory is an extraditable offence under Spanish law; c. that execution of the letters rogatory is consistent with Spanish law. Period covered: 16/11/1982 -
Declaration contained in the intrument of ratification deposited on 18 August 1982 - Or. Fr. Spain declares that for the purpose of Article 7 (3) of the Convention, the time mentioned in this provision shall be not less than 30 days. Period covered: 16/11/1982 -
Declaration contained in the intrument of ratification deposited on 18 August 1982 - Or. Fr. Spain declares that when in case of urgency letters rogatory are addressed by the judicial authorities of the requesting Party directly to its judicial authorities, a copy of the letters rogatory must also be sent to the Spanish Ministry of Justice. Period covered: 16/11/1982 - 5/6/1987
Declaration contained in the intrument of ratification deposited on 18 August 1982 - Or. Fr. Spain reserves the right to stipulate that requests and annexed documents shall be addressed to it accompaned by a duly authenticated translation into Spanish. Period covered: 16/11/1982 -
Reservation contained in the intrument of ratification deposited on 18 August 1982 - Or. Fr. Spain reserves the right not to inform other Parties of deleted entries in the criminal records of Spanish nationals. Period covered: 16/11/1982 -
Declaration contained in the intrument of ratification deposited on 18 August 1982 - Or. Fr. Spain declares that for purposes of the Convention, the following shall be deemed judicial authorities: a. ordinary judges and courts; b. public prosecutors; c. military judicial authorities. Period covered: 16/11/1982 - 10/6/2011
Declaration contained in a letter from the Permanent Representative of Spain dated 5 June 1987 - Or. Fr. With reference to the provisions of Article 15.6 of the European Convention on Mutual Assistance in Criminal Matters, I have the honour to inform you that the Spanish Central Authority will be from now on: Secretario General Técnico - Ministerio de Justicia - San Bernardo 47 - 28015 MADRID Espagne. Period covered: 5/6/1987 -
Declaration contained in a letter from the Chargé d'Affaires a.i. of Spain, dated 9 September 2008, registered at the Secretariat General on 10 September 2008 – Or. Fr. - and completed by a letter from the Permanent Representative of Spain, dated 15 January 2009, registered at the Secretariat General on 19 January 2009 - Or. Fr. With reference to the extension and application of the European Convention on Mutual Assistance in Criminal Matters of 1959 (ETS No. 30) and its Additional Protocol (ETS No. 99) to the Island of Jersey, I have the honour to inform you that the competent Spanish authorities are in the process of examining the content of the Note prepared by the British authorities and communicated by the Depositary, as well as the mechanism used in order to reach a direct agreement as provided for by Article 25.5 of the Convention. Thus, as long as the process of examining this Note is not completed and a decision not taken, Spain will not consider itself bound by the content of the said Note. Declaration contained in a letter from the Permanent Representative of Spain, dated 15 January 2009, registered at the Secretariat General on 19 January 2009 - Or. Fr. Following the communication dated 9 September 2008 concerning the extension and application of the Convention and its Additional Protocol to the Isle of Jersey, the Spanish authorities, especially the Ministry of Justice, which is the competent authority in this matter, reported that there is an interest on their part to carry on mutual assistance in criminal matters with the Isle of Jersey. The said authorities consider that the proper procedure to accomplish this task is that the United Kingdom requires the agreement of the Parties to the Convention to extend its application to the Isle of Jersey through direct bilateral agreement between the Parties and not just through a tacit acceptance after a certain time elapses. In addition, the Ministry of Justice considers that the procedure for reimbursement of expenses generated by the mutual assistance in criminal matters proposed by the United Kingdom implies an exception to the general rules applicable which is not sufficiently justified, especially taking into account that the British argument to offer reimbursement (the legal authorities of Jersey receive more requests for assistance than they request) is also applicable to Spain in respect of the United Kingdom since Spain is facing more requests from the United Kingdom than the latter sends to the Spanish authorities. Period covered: 2/10/2008 -
Declaration contained in a Note verbale from the Permanent Representation of Spain, dated 9 June 2011, registered at the Secretariat General on 10 June 2011 – Or. Fr. and modified by a Note verbale from the Permanent Representation of Spain, dated 17 December 2012, registered at the Secretariat General on 19 December 2012 – Or. Fr. Spain modifies its declaration to Article 24 of the Convention contained in the instrument of ratification. This modification applies also to the Additional Protocol to the Convention, and reads as follows: "In accordance with Article 24 of the Convention, Spain declares that for the purposes of the Convention, the following shall be deemed judicial authorities: a) ordinary judges and courts; b) Secretarios Judiciales ; c) public prosecutors; d) military judges and courts; e) reporting registrars of the military courts. This declaration applies also to the Additional Protocol to the Convention, done in Strasbourg on 17 March 1978." Period covered: 10/6/2011 -
Source : Treaty Office on http://conventions.coe.int |
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