 |
Lista delle dichiarazioni formulate in relazione al trattato no. 190
Situazione in data del : 20/5/2013
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).
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."
Declaration contained in the instrument of ratification deposited on 14 April 2004 - Or. Engl. Denmark declares that, until further decision, the Protocol will not apply to the Feroe Islands and Greenland.
Declaration made at the time of signature of the instrument, on 15 May 2003 - Or. Fr. Greece signs the Protocol subject to Article 12.
Declaration contained in the instrument of ratification deposited on 10 March 2005 - Or. Engl. The Republic of Moldova declares that until the full establishment of the territorial integrity of the Republic of Moldova, the provisions of the Protocol will be applied only on the territory controlled by the Government of the Republic of Moldova.
Declaration contained in the instrument of ratification deposited on 10 March 2005 - Or. Engl. The Republic of Moldova declares that, according to Article 18, paragraph 2, of the Constitution, the citizens of the Republic of Moldova shall not be extradited.
Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Moldova, dated 10 February 2005, deposited with the instrument of ratification on 10 March 2005 - Or. Engl. According to Article 10 of the Convention, as amended by Article 6 of the Protocol, the General Prosecutor Office of the Republic of Moldova has been designated as the central authority that is responsible for informing the European Committee on Crime Problems on the application of the European Convention on the Suppression of Terrorism.
Reservation contained in the instrument of acceptance deposited on 27 July 2006 - Or. Engl. With due observance of Article 16, paragraph 5, of the Convention, the Kingdom of the Netherlands reserves the right to refuse extradition in respect of any offence mentioned in Article 1, paragraph 1, under a) up to and including h), and Article 1, paragraph 2, insofar as the latter covers any offence mentioned in the first paragraph, under a) up to and including h), of the Convention, which it considers to be a political offence or an offence connected with a political offence.
Declaration contained in the instrument of acceptance deposited on 27 July 2006 - Or. Engl. The Kingdom of the Netherlands accepts the Protocol for the Kingdom in Europe and Aruba.
Communication contained in a Note verbale from the Permanent Representation of the Netherlands, dated 27 September 2010, registered at the Secretariat General on 28 September 2010 – Or. Engl. The Kingdom of the Netherlands currently consists of three parts : the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consists of the islands of Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba. With effect from 10 October 2010, the Netherlands Antilles will cease to exist as a part of the Kingdom of the Netherlands. From that date onwards, the Kingdom will consist of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten will enjoy internal self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands Antilles do. These changes constitute a modification of the internal constitutional relations within the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain the subject of international law with which agreements are concluded. The modification of the structure of the Kingdom will therefore not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles: these agreements, including any reservations made, will continue to apply to Curaçao and Sint Maarten. The other islands that have until now formed part of the Netherlands Antilles – Bonaire, Sint Eustatius and Saba – will become parts of the Netherlands, thus constituting "the Caribbean part of the Netherlands". The agreements that now apply to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements. In addition, a number of the agreements that currently apply to the Netherlands are hereby declared applicable, from 10 October 2010, to this Caribbean part of the Netherlands. The agreements concerned are listed in the Annex which also includes a declaration – regarding 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 – on the modification of the internal constitutional relations within the Kingdom. A status report of the agreements that apply to Curaçao, Sint Maarten and/or the Caribbean part of the Netherlands, including any reservations and further declarations, will be supplied in the near future. Annex – Treaties extended to the Caribbean part of the Netherlands (islands of Bonaire, Sint Eustatius and Saba) as per 10 October 2010 - European Convention on State Immunity (ETS No. 74) - Additional Protocol to the European Convention on State Immunity (ETS No. 74A) - European Convention on the Non-Applicability of Statutory Limitation to Crimes against Humanity and War Crimes (ETS No. 82) - European Convention on the Suppression of Terrorism (ETS No. 90) - European Agreement on the Transmission of Applications for Legal Aid (ETS No. 92) - Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108) - Amendments to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data allowing the European Communities to accede (Strasbourg, 15 June 1999) - Convention for the Protection of the Architectural Heritage of Europe (ETS No. 121) - Criminal Law Convention on Corruption (ETS No. 173) - 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 (ETS No. 181) - Protocol amending the European Convention on the Suppression of Terrorism (ETS No. 190) - Additional Protocol to the Criminal Law Convention on Corruption (ETS No. 191) - Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198). Periodo di efficacia : 1/10/2010 -
Declaration contained in a letter from the Permanent Representative of the Czech Republic, dated 26 November 2007, handed to the Deputy Secretary General at the time of signature of the instrument, on 27 November 2007 - Or. Engl. The Government of the Czech Republic notes that Article 1, paragraph 1, subparagraphs i) and j) of the Convention, as amended by the Protocol, covers offences within the scope of the International Convention for the Suppression of Terrorist Bombings, adopted at New York on 15 December 1997, and the International Convention for the Suppression of the Financing of Terrorism, adopted at New York on 9 December 1999. The Government of the Czech Republic further notes that Article 16, paragraph 1, of the Convention, as amended by the Protocol, authorizes any Contracting State to the Convention to reserve the right to refuse extradition in respect of any offence mentioned in Article 1 of the Convention (including offences within the scope of the above two conventions mentioned in Article 1, paragraph 1, subparagraphs i) and j) of the Convention) which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives. The Government of the Czech Republic recalls that Article 11 of the International Convention for the Suppression of Terrorist Bombings and Article 14 of the International Convention for the Suppression of the Financing of Terrorism lay down the principle that none of the offences set forth in the two conventions shall be regarded for the purposes of extradition as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. In addition, these articles provide that a request for extradition with respect to the offences within the scope of the two conventions may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives. The Government of the Czech Republic is of the view that the provisions of Article 11 of the International Convention for the Suppression of Terrorist Bombings and of Article 14 of the International Convention for the Suppression of the Financing of Terrorism properly reflect the evergrowing relevance of the principle that claims of political motivation may not be recognized as the sole ground for refusing requests for the extradition of alleged perpretators of terrorist offences. The Government of the Czech Republic declares that, in the context, it will consider the possibility of raising an objection to any reservation, made by a Contracting Party to the aforementioned United Nations conventions pursuant to Article 16, paragraph 1, of the Convention, as amended by the Protocol, covering the offences mentioned in Article 1, paragraph 1, subparagraphs i) and j) of the Convention.
Declaration appended to the instrument of ratification deposited on 4 October 2006 - Or. Engl. The Russian Federation assumes that the provisions of Article 4 of the Protocol shall be applied in such a way as to ensure inevitable liability for the commitment of crimes falling within the scope of the Protocol, without prejudice to effective international co-operation in extradition and legal assistance matters.
Declaration handed over by the Ambassador of Spain in Bulgaria to the Secretary General of the Council of Europe at the time of signature of the instrument, on 9 October 2003 - Or. Spa. In conformity with the Conclusions of the Council of the European Union of 2 October 2003 on the application of the European arrest warrant and its relationship with Council of Europe legal instruments, and as recognised explicitly by the member States of the European Union, Spain declares that Council of Europe legal instruments allow member States of the European Union to apply between themselves pre-existing agreements or conclude new agreements in order to facilitate or simplify even further their procedures for the surrender of individuals. In conformity with the aforementioned Conclusions, Spain declares that the instruments adopted within the European Union in matters which affect the European Convention on the Suppression of Terrorism and its amending Protocol, constitute a series of agreements or a uniform law which will take precedence as between the member States of the European Union. In conformity with the aforementioned Conclusions, Spain declares that the series of European Union instruments will continue to take precedence when the present Protocol enters into force. In conformity with the aforementioned Conclusions, Spain understands that the said instruments adopted within the European Union, which take precedence as between the member States of the European Union, inter alia: The Agreement of 26 May 1989 between the Member States of the European Communities on the simplification and modernization of methods of transmitting extradition requests, The Convention of 10 March 1995 drawn up on the basis of article K.3 of the Treaty on European Union, on simplified extradition procedure between the Member States of the European Union (O.J. C 78-30/03/95 et O.J. C 375-12/12/96), The Convention of 27 September 1996 drawn up on the basis of article K3 of the Treaty on European Union, relating to extradition between the Members States of the European Union (O.J. C313-23/10/96 et O.J. C191-23/07/97), The Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism (O.J. L 344-28/12/2001) and its modifications, The Council Common Position of 27 December 2001 on combating terrorism (O.J. L 344-28/12/2001), The Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (O.J. L 344-28/12/2001), and its modifications, The Directive 2001/97/EC of the European Parliament and of the Council of 4 December 2001 amending Council Directive 91/308/EEC on prevention of the use of the financial system for the purpose of money laundering (O.J. L 344-28/12/2001), The Council Decision 2001/927/EC of 27 December 2001 establishing the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (O.J. L 344-28/12/2001), the Council Decision 2002/344/EC (O.J. L116-03/05/2002) and its modifications, The Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (O.J. L190-18/07/2002), The Council Framework Decision of 13 June 2002 on combating terrorism (O.J. L190-18/07/2002), As well as those which will be adopted in the future, in the matters affecting the European Convention on the Suppression of Terrorism, Will not be affected by the entry into force of the present Protocol.
Declaration contained in the instrument of ratification deposited on 21 December 2006 - Or. Engl. In accordance with Article 3, paragraph 2, of the Protocol amending the European Convention on the Suppression of Terrorism, Ukraine declares that it shall consider the Convention as the legal basis for the cooperation in matters of extradition of offenders in relation with the States Parties in case of unavailability of an international extradition treaty.
Fonte: Ufficio dei Trattati, http://conventions.coe.int |
