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 Liste des déclarations formulées au titre du traité n° 173
Reservations contained in the instrument of acceptance deposited on 11 April 2002 - Or. Engl. In accordance with Article 37, paragraph 1, the Netherlands will not fulfil the obligation under Article 12. In accordance with Article 37, paragraph 2, and with regard to Article 17, paragraph 1, the Netherlands may exercise jurisdiction in the following cases : a. in respect of a criminal offence that is committed in whole or in part on the Dutch territory; b. - over both Dutch nationals and Dutch public officials in respect of offences established in accordance with Article 2 and in respect of offences established in accordance with Articles 4 to 6 and Articles 9 to 11 in conjunction with Article 2, where these constitute criminal offences under the law of the country in which they were committed; - over Dutch public officials and also over Dutch nationals who are not Dutch public officials in respect of offences established in accordance with Articles 4 to 6 and 9 to 11 in conjunction with Article 3, where these constitute criminal offences under the law of the country in which they were committed; - over Dutch nationals in respect of offences established in accordance with Articles 7, 8, 13 and 14, where these constitute criminal offences under the law of the country in which they were committed; c. over Dutch nationals involved in an offence that constitutes a criminal offence under the law of the country in which it was committed. [Notes by the Secretariat : 1. The Government of the Netherlands has informed the Secretary General of its intention to uphold wholly these reservations for a period of 3 years (Article 38 of the Convention): - by a Note verbale from the Ministry for Foreign Affairs of the Netherlands, dated 27 January 2006, registered at the Secretariat General on 16 February 2006 - Or. Engl. (Period covered: from 01/08/2005 to 01/08/2008); - by a Note verbale from the Ministry of Foreign Affairs of the Netherlands, dated 26 January 2009, registered at the Secretariat General on 30 January 2009 – Or. Engl. (Period covered: from 01/08/2008 to 01/08/2011); - by a Note verbale from the Ministry of Foreign Affairs of the Netherlands, dated 27 January 2011, registered at the Secretariat General on 7 February 2011 – Or. Engl. (Period covered: from 01/08/2011 to 01/08/2014). 2. See also the territorial made by the Netherlands on 28 September 2010.] Période d'effet : 1/8/2002 -
Declaration contained in a Note verbale from the Permanent Representation of the Netherlands, dated 15 April 2002, registered at the Secretariat General on 15 April 2002 - Or. Engl. In accordance with Article 29, paragraph 2, of the Convention, the Netherlands declare that the central authority is : Het Ministerie van Justitie (Ministry of Justice) Directie Internationale Strafrechtelijke Aangelegenheden en Drugsbeleid Bureau Internationale Rechtshulp in Strafzaken Postbus 20301 2500 EH Den Haag. Période d'effet : 1/8/2002 - 10/10/2010
Declaration contained in the instrument of acceptance deposited on 11 April 2002 - Or. Engl. The Kingdom of the Netherlands accepts the Convention for the Kingdom in Europe. Période d'effet : 1/8/2002 -
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). Période d'effet : 1/10/2010 -
Renewal of reservations contained in a Note verbale from the Ministry of Foreign Affairs of the Netherlands, dated 27 January 2011, registered at the Secretariat General on 7 February 2011 – Or. Engl. In accordance with Article 38, paragraph 2, of the Convention, the Government of the Netherlands declares that it upholds wholly the reservations made in accordance with Article 37, paragraphs 1 and 2, of the Convention, for the period of three years set out in Article 38, paragraph 1, of the Convention, for the European part of the Kingdom of the Netherlands. By Notification of 28 September 2010, the Kingdom of the Netherlands declared that, as from 10 October 2010, the Convention is applicable to the Caribbean part of the Netherlands (the islands of Bonaire, Sin Eustatius and Saba). The said reservations shall also apply to this part of the Netherlands as from 10 October 2010. [Note by the Secretariat: See the declaration made by the Netherlands on 28 September 2010.] Période d'effet : 7/2/2011 -
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. In accordance with Article 29, paragraph 2, of the Convention, the Netherlands declares that the central authority is : Het Ministerie van Veiligheid en Justitie (Ministry of Security and Justice) Directie Internationale Strafrechtelijke Aangelegenheden en Drugsbeleid Bureau Internationale Rechtshulp in Strafzaken Postbus 20301 2500 EH Den Haag [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.] Période d'effet : 10/10/2010 -
Source : Bureau des Traités sur http://conventions.coe.int |
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