Aanvullend Protocol bij de Europese Overeenkomst nopens het verstrekken van inlichtingen over buitenlands recht

Partijen met voorbehouden, verklaringen en bezwaren

Partij	Voorbehoud / verklaring	Bezwaren
Belarus	Ja	Nee
Bulgarije	Ja	Nee
Cyprus	Ja	Nee
Duitsland	Ja	Nee
Estland	Ja	Nee
Frankrijk	Ja	Nee
Italië	Ja	Nee
Letland	Ja	Nee
Liechtenstein	Ja	Nee
Litouwen	Ja	Nee
Luxemburg	Ja	Nee
Malta	Ja	Nee
Mexico	Ja	Nee
Moldavië	Ja	Nee
Nederlanden, het Koninkrijk der	Ja	Nee
Noord-Macedonië	Ja	Nee
Oekraïne	Ja	Nee
Polen	Ja	Nee
Roemenië	Ja	Nee
Slowakije	Ja	Nee
Spanje	Ja	Nee
Tsjechië	Ja	Nee
Turkije	Ja	Nee
Verenigd Koninkrijk	Ja	Nee
Zweden	Ja	Nee
Zwitserland	Ja	Nee

Belarus

02-07-1997

The Republic of Belarus shall apply Additional Protocol to the European Convention on Information on Foreign Law with the exception of provisions of Chapter II of this Protocol.

Bulgarije

18-03-1991

Receiving and Transmitting Agency:
Ministry of Justice,
2, bd Dondoukov,
SOFIA 1040,
BULGARIA
Tel: 2-8601
Telex: 23882

Cyprus

03-04-1979

When depositing this instrument of ratification, the Permanent Representative of Cyprus to the Council of Europe, in accordance with the provisions of Article 5.1, declares that the Republic of Cyprus will only be bound by Chapter I of this Protocol.

Duitsland

23-07-1987

The Federal Republic of Germany interprets the second sentence of Article 1 of the Additional Protocol as meaning that the different degree of decriminalisation in the member States of the Council of Europe should not, in the application of this Additional Protocol, lead to a one-sided limitation of opportunities for obtaining information and that for administrative offences (Ordnungswidrigkeiten), too, authorities may accordingly supply or request information to the extent envisaged in the said Protocol.
The Federal Republic of Germany declares in accordance with Article 5(1) of the Additional Protocol that the Federal Republic of Germany will not be bound by Chapter II of the said Protocol.

29-02-1996

The Governments of the five new German States (Länder) have now appointed the agencies competent to receive requests for the information referred to in sections 5 and 8 of the Act on Information on Foreign Law and those acting as transmitting agencies pursuant to section 9, paragraph 2, second sentence, of the Act. These are, as in the old Länder, the State judicial authorities.
In 1975, the following address of the Federal Ministry of Justice as receiving and transmitting agency for requests for information originating from the Federal Constitutional Court or federal courts was communicated to the Secretary General of the Council of Europe: "Der Bundesminister der Justiz, 53 Bonn-Bad Godesberg, Stresemannstr. 6".

The address of the Federal Ministry of Justice has changed. The addresses of the receiving agency and the transmitting agency pursuant to article 2, paragraph 1 and 2 of the Convention now read as follow:
Receiving agency:
Bundesministerium der Justiz
Heinemannstr. 6
D-53175 BONN

Transmitting agencies:
a. for requests originating from the Federal Constitutional Court of federal courts:
Bundesministerium der Justiz
Heinemannstr. 6
D-53175 BONN

b. for requests originating from judicial authorities of a Land:
the Ministry of Justice of the Land concerned.

28-01-2000

I have the honour to inform you that the transmitting agency referred to in Article 2, paragraph 2 of the European Convention on Information on Foreign Law for requests emanating from judicial authorities within the Federal State of Saxony has been transferred to the President of the Higher Regional Court in Dresden. His address is as follows:

Präsident des Oberlandesgerichts Dresden
Postfach 12 07 32
01008 Dresden, Germany

Estland

28-04-1997

The Republic of Estonia, in accordance with Article 5, paragraph 1, of the Protocol, shall only be bound by Chapter I of the Protocol.

Frankrijk

22-09-1983

In accordance with the provisions of Article 2(2) of the Convention on Information on Foreign Law of 7 June 1968 and of Article 4 of the Protocol, the French Government appoints as the French liaison body the:
Bureau du Droit européen et international,
Ministère de la Justice,
13 place Vendôme,
75042 PARIS Cedex 01

Italië

11-02-1982

Italy, having already designated the Ministry of Justice as competent agency pursuant to Article 2 par. 2 of the European Convention of 7 June 1968, the said agency is also competent pursuant to Article 4 of the said Protocol.

Letland

02-11-1998

In pursuance of Article 5 of the Additional Protocol, the Republic of Latvia declares that it will not be bound by Chapter II of the Protocol.

Liechtenstein

13-05-2003

In accordance with Article 5, paragraph 1, the Principality of Liechtenstein declares that it will be bound only by the provisions of Chapter I of the Additional Protocol.

Litouwen

19-05-2004

Pursuant to Article 5, paragraph 1, of the Additional Protocol, the Republic of Lithuania declares that it will only be bound by Chapter I of the said Adittional Protocol.

Luxemburg

11-06-1982

The name and address of the transmitting agency appointed by Luxembourg in accordance with Article 4, para.2 is the following:
Ministère de la Justice,
16, boulevard Royal,
Luxembourg

21-04-2010

Ministry of Justice
13 Rue Erasme
Centre Aministratif Pierre Werner
L - 1468 Luxembourg

Malta

25-04-1989

In accordance with Article 5 of the Additional Protocol to the European Convention on Information on Foreign Law, I, on behalf of the Government of the Republic of Malta, would like to declare that, "With effect from the time of deposit of the Instrument of Ratification of the aforesaid Protocol, Malta will be bound only by the provisions of Chapter I of the said Protocol.
Pursuant to Article 4 of the aforesaid Protocol, my Government would like to designate the Chambers of the Attorney General at The Palace, Valletta, as the agency for the purpose of transmitting any request for information to the competent foreign receiving agency.

02-06-2021

Up-dating of contact information:
Office of the Attorney General
Admiralty House
[…]

Mexico

21-02-2003

In accordance with Article 4 of the Protocol, Mexico informs that in cases of requests deriving from the Additional Protocol to the Convention, the receiving and transmitting authority will be the Directorate General of International Legal Affairs of the Attorney General's Office.

Moldavië

14-03-2002

In accordance with Article 5, paragraph 1, of the Protocol, the Republic of Moldova reserves the right to be bound only by Chapter I of this Protocol.
Pursuant to Article 9, paragraph 1, of the Protocol, the Republic of Moldova declares that it will not be bound by the provisions of the Convention with respect to the territory actually controlled by the local authorities of the self-proclaimed Trans-Dniester Republic until the final settlement of the conflict in this region.

Nederlanden, het Koninkrijk der

03-06-1980

The Kingdom of the Netherlands -Kingdom in Europe- is only bound by Chapter I of this Protocol.

24-03-1981

The Ministry of Justice, Division of Public Law and Penal Law, P.O. Box 20301, 2500 EH The Hague has been appointed liaison body in accordance with Article 2 of the European Convention on Information on Foreign Law, opened for signature in London on 7 June 1968, but serves only as the receiving and forwarding agency of information as meant in Article 1 of the Protocol (i.e. information on material penal law and law as to criminal procedure and such like) and not as could be interpreted on the basis of the last sentence of my note of 13 October 1980 also for information based on the Convention of 1968.

Noord-Macedonië

15-01-2003

In accordance with Article 4 of the Protocol, "the former Yugoslav Republic of Macedonia" declares that the single body that will carry out the provisions of the Convention will be the Ministry of Justice of "the former Yugoslav Republic of Macedonia.
In accordance with Article 5, paragraph 1, of the Protocol, "the former Yugoslav Republic of Macedonia" declares that it shall not be bound by Chapter II of this Protocol.

Oekraïne

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.

19-04-2022

The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine.

07-12-2023

[…]
Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further clarif[ies] that international treaties mentioned therein are implemented on the territory of Ukraine in full, with the exception of the territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation, on which it is impossible to fully guarantee the Ukrainian Party’s fulfillment of its obligations under the relevant treaties as a result of the armed aggression of the Russian Federation against Ukraine, as well as the introduction of martial law on the territory of Ukraine until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation is located at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text

Polen

26-02-2002

In accordance with Article 2, paragraph 3, of the Convention and Article 4, paragraph 2, of the Additional Protocol to the Convention, the Government of Poland has designated as receiving and transmitting agency:
the Ministry of Justice of the Republic of Poland,
Aleje Ujazdowski 11,
00-950 Varsaw

Roemenië

26-04-1991

According to Article 2 of the Convention and Article 4 of the Protocol, the Ministry of Justice is designated as the "receiving agency" and as the "transmitting agency" in order to carry out their provisions.

Slowakije

05-12-1996

In pursuance of the provisions of Article 5, paragraph 1, of the Additional Protocol, the Slovak Republic declares that it will only be bound by Chapter I of this Protocol.
The Slovak Republic appoints, for the transmission of requests under Chapter I, as the transmitting agency in accordance with Article 2, paragraph 2, of the Convention, in addition to the Ministry of Justice of the Slovak Republic, also the General Attorney's Office:
Generálna prokuratúra
Slovenskej republiky
Zupné námestie 13
813 11 Bratislava

Spanje

26-01-1999

Central Authority:
Ministerio de Justicia
Secretaría General Técnica
San Bernardo, 45
28071 Madrid
Espana

05-03-2008

If the Additional Protocol to the European Convention on Information on Foreign Law were to extended by the United Kingdom to Gibraltar, the Kingdom of Spain would like to make the following declaration:
1. Gibraltar is a non-autonomous territory for the international relations of which the United Kingdom is responsible 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 character and exercise exclusively internal competences which have their origin and their foundation in the 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, the eventual participation of the Gibraltarian authorities in the application of this Convention will be understood as carried out exclusively as part of the internal competences of Gibraltar, and it cannot be considered to produce a change in relation with what was established in the two previous paragraphs.

Tsjechië

24-06-1998

In conformity with the provisions of Article 5, paragraph 1, of the Protocol, the Government of the Czech Republic declares that the Czech Republic feels bounds by Chapter I of the Protocol.

Turkije

01-12-2004

The Turkish Government confirms its declaration made in accordance with the provisions of Article 2, paragraph 2, of the Convention in which it has appointed the Ministry of Justice, Directorate General of International Law and Foreign Relations, as the transmitting agency.

Verenigd Koninkrijk

02-09-1981

The Government of the United Kingdom of Great Britain and Northern Ireland declare, in accordance with the provisions of Article 5, paragraph 1, that the United Kingdom of Great Britain and Northern Ireland will be bound only by the provisions of Chapter I of the Additional Protocol.

Zweden

01-02-2001

Receiving and transmitting agency:
The Ministry of Justice
Division for Criminal Cases and International Judicial Co-operation
Central Authority
S-103 33 STOCKHOLM
Suède
Téléphone: [phone] (Secrétariat)
Fax: [phone]
E-mail: [e-mail]

Zwitserland

11-03-1985

Switzerland will be bound only by the provisions of Chapter I of the Protocol.