Protocol tot wijziging van het Europees Verdrag tot bestrijding van terrorisme

Partijen met voorbehouden, verklaringen en bezwaren

Partij	Voorbehoud / verklaring	Bezwaren
Azerbeidzjan	Ja	Nee
België	Ja	Nee
Denemarken	Ja	Nee
Griekenland	Ja	Nee
Moldavië	Ja	Nee
Nederlanden, het Koninkrijk der	Ja	Nee
Oekraïne	Ja	Nee
Portugal	Ja	Nee
Russische Federatie	Ja	Nee
Spanje	Ja	Nee
Tsjechië	Ja	Nee

Azerbeidzjan

02-12-2008

The Republic of Azerbaijan declares that it will be unable to garantee compliance with the provisions of the Protocol in its territories occupied by the Republic of Armenia until these territories are liberated from that occupation.

België

16-08-2007

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.

Denemarken

14-04-2004

Denmark declares that, until further decision, the Protocol will not apply to the Feroe Islands and Greenland.

Griekenland

15-05-2003

Greece signs the Protocol subject to Article 12.

Moldavië

10-03-2005

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.
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.
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.

Nederlanden, het Koninkrijk der

27-07-2006

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.

Oekraïne

21-12-2006

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.

16-10-2015

In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, Protocols, Agreement, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.
The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv.

Portugal

25-11-2015

As requested State, Portugal shall not grant extradition for offences punishable in the requesting State with either the death penalty, life imprisonment or detention order involving deprivation of liberty for life.
Portugal declares that it accepts the provisions of Article 13, paragraph 4, of the Convention on the Suppression of Terrorism, subject to the provisions of Article 8, paragraph 2, of the Constitution of the Portuguese Republic according to which the entry into force of any amendment in Portuguese internal law requires its prior ratification and official publication.

Russische Federatie

04-10-2006

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.

25-03-2022

Depositary communication.
By the adoption of resolution CM/Res(2022)2 on the cessation of the membership of the Russian Federation to the Council of Europe on 16 March 2022, at the 1428ter meeting of the Ministers’ Deputies, the Committee of Ministers has decided, in the context of the procedure launched under Article 8 of the Statute of the Council of Europe, that the Russian Federation ceased to be a member of the Council of Europe as from 16 March 2022. The legal and financial consequences are specified in Resolution CM/Res(2022)3 adopted on 23 March 2022, at the 1429bis meeting of the Ministers’ Deputies.

Spanje

09-10-2003

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.

16-10-2014

In the event that this Protocol 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 Administration status 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 on which the mentioned non-autonomous territory depends.
3. As a result, it is considered that the eventual participation of the Gibraltarian authorities in the application of this Protocol will be carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way the declarations formulated in the two previous paragraphs.
4. The process provided for by the "Agreed Arrangements relating to Gibraltar authorities in the context of certain international treaties" which have been adopted by Spain and the United Kingdom on 19 December 2007, jointly with the "Agreed Arrangements relating to Gibraltar authorities in the context of EU and EC instruments and related treaties", dated 19 April 2000 apply to the Protocol amending the European Convention on the Suppression of Terrorism.
5. The application of the said Protocol 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 Kingdoms of Spain and of the Great Britain.

Tsjechië

27-11-2007

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.