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 List of declarations made with respect to treaty No. 090
Declaration contained in the instrument of acceptance deposited, on 18 April 1985 - Or. Engl. The Kingdom of the Netherlands accepts the Convention for the Kingdom in Europe. Period covered: 19/7/1985 -
Reservation contained in the instrument of acceptance deposited, on 18 April 1985 - Or. Engl. With due observance of Article 13, paragraph 1, of the Convention, the Kingdom of the Netherlands reserves the right to refuse extradition in respect of any offence mentioned in Article 1 of the Convention including the attempt to commit or participation in one of these offences, which it considers to be a political offence or an offence connected with a political offence. Period covered: 19/7/1985 -
Declaration and reservation contained in a letter from the Minister of Foreign Affairs of the Netherlands, dated 25 January 2006, registered at the Secretariat General on 10 February 2006 - Or. Engl. The Kingdom of the Netherlands accepts the Convention for Aruba with the following reservation : "With due observance of Article 13, paragraph 1, of the Convention, Aruba reserves the right to refuse extradition in respect of any offence mentioned in Article 1 of the Convention including the attempt to commit or participation in one of these offences, which it considers to be a political offence or an offence connected with a political offence." Period covered: 10/2/2006 -
Declaration contained in a Note verbale from the Permanent Representation of the Netherlands, dated 8 February 2006, registered at the Secretariat General on 10 February 2006 - Or. Engl. On 13 June 2002, the Council of the European Union adopted a framework decision (2002/584/JHA) on the European arrest warrant and the surrender procedures between Member States ("the framework decision"). Article 31 of the framework decision states that, from 1 January 2004, the provisions of the framework decision shall replace the corresponding provisions of the conventions pertaining to extradition that apply in relations between the Member States of the European Union. The Permanent Representation of the Kingdom of the Netherlands therefore has the honour to confirm to the Secretary General of the Council of Europe that the provisions of the European Convention on the Suppression of Terrorism ("the Convention") regarding extradition, in view of the above, are no longer applied in relations between the part of the Kingdom of the Netherlands situated in Europe and the Member States of the European Union that are Parties to the Convention. The Permanent Representation would emphasise that the above in no way alters the application of the Convention in relations between : - the Netherlands Antilles and Aruba and the Parties to the Convention, or - the part of the Kingdom of the Netherlands situtated in Europe and the Parties to the Convention that are not Member States of the European Union. [Note by the Secretariat: By Note of 31 August 2005, the Permanent Representation of the Netherlands informed the Secretary General that the European Convention on Extradition, done at Paris on 13 December 1957 ("the Convention"), would no longer be applied in relations between the part of the Kingdom of the Netherlands situated in Europe and the Member States of the European Union that are Parties to the Convention.] Period covered: 10/2/2006 -
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). Period covered: 1/10/2010 -
Declaration transmitted by a Note verbale from the Permanent Representation of the Netherlands, dated 4 January 2012, registered at the Secretariat General on 9 January 2012 - Or. Engl. The reservation made by the Kingdom of the Netherlands at the time of acceptance of the Convention, on 18 April 1985, is confirmed for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba). The reservation was confirmed for Aruba on 10 February 2006. The reservation remains valid for the European part of the Netherlands. [Note by the Secretariat: This Declaration supplements the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom as of 10 October 2010.] Period covered: 10/10/2010 -
Source : Treaty Office on http://conventions.coe.int |
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