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Download XMLTweede Aanvullend Protocol bij het Europees Verdrag betreffende uitlevering
Partijen met voorbehouden, verklaringen en bezwaren
| Partij | Voorbehoud / verklaring | Bezwaren |
|---|---|---|
| Azerbeidzjan | Ja | Nee |
| België | Ja | Nee |
| Bulgarije | Ja | Nee |
| Frankrijk | Ja | Nee |
| Georgië | Ja | Nee |
| Ierland | Ja | Nee |
| Letland | Ja | Nee |
| Malta | Ja | Nee |
| Monaco | Ja | Nee |
| Nederlanden, het Koninkrijk der | Ja | Nee |
| Noorwegen | Ja | Nee |
| Oekraïne | Ja | Nee |
| Oostenrijk | Ja | Nee |
| Russische Federatie | Ja | Nee |
| Turkije | Ja | Nee |
| Verenigd Koninkrijk | Ja | Ja |
| Zuid-Korea | Ja | Nee |
| Zwitserland | Ja | Nee |
Azerbeidzjan
28-06-2002
The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Convention and its Additional Protocols in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation.
België
18-11-1997
Belgium declares that it does not accept Chapter V of the Second Additional Protocol to the European Convention on Extradition.
Bulgarije
17-06-1994
In accordance with Article 9 paragraph 2, the Republic of Bulgaria declares that it
reserves the right not to accept Chapter I and the right to accept Chapter II in respect
of offences concerning taxes, customs charges and currency exchange charges which
are punishable under the Bulgarian Criminal Code.
Frankrijk
10-06-2021
In replacement of the declaration contained in the instrument of ratification [of the European Convention on Extradition] deposited on 10 February 1986, the Government of the French Republic declares that, with regards to France, the Convention and its second, third and fourth Additional Protocols apply to the entire territory of the Republic.
Georgië
15-06-2001
In pursuance of Article 9, paragraph 2, Georgia declares that it does not accept Chapter
V of this Protocol.
According to the legislation of Georgia, the competent body to review extradition
cases is the General Prosecutor's Office of Georgia. Herewith the use of the diplomatic
channels for extradition cases is not excluded.
Georgia will not be responsible for the application of the provisions of the Protocol
on the territories of Abkhazia and Tskhinvali region until the full jurisdiction of
Georgia is restored over these territories.
Ierland
22-03-2019
In accordance with paragraph 2 of Article 9 of the Protocol, Ireland declares that it does not accept Chapter I, Chapter III, Chapter IV or Chapter V thereof.
Letland
02-05-1997
In pursuance of paragraph 2 of Article 9 of the Second Additional Protocol to the
Convention on Extradition of 1978, the Republic of Latvia reserves the right not to
accept Chapter V of the Protocol.
Malta
20-11-2000
In accordance with Article 9 of the Protocol, Malta reserves the right not to apply
Chapter I and Chapter III of the Protocol.
Monaco
30-01-2009
1.The Principality of Monaco declares, in accordance with Article 9, paragraph 1,
of the Second Additional Protocol, that it reserves the right not to accept Chapter
I of the Protocol.
2.The Principality of Monaco declares, in accordance with Article 9, paragraph 2.b,
of the Second Additional Protocol, that it reserves the right only to accept Chapter
II of the Protocol in respect of offences concerning indirect taxes, including VAT,
customs and exchange, those relating to direct taxes being excluded.
Nederlanden, het Koninkrijk der
10-02-2006
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.
By Note of 31 August 2005, the Permanent Representation of the Kingdom of the Netherlands
informed the Secretary General of the Council of Europe 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.
Accordingly, the Permanent Representation of the Kingdom of the Netherlands has the
honour to confirm that, in view of the foregoing, the Second Additional Protocol to
the European Convention on Extradition ("the Second Additional Protocol") is likewise
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 Second Additional Protocol.
The Permanent Representation of the Kingdom of the Netherlands would emphasise that
the above in no way alters the application of the Second Additional Protocol in relations
between :
- the Netherlands Antilles and Aruba and the Parties to the Second Additional Protocol,
or
- the part of the Kingdom of the Netherlands situtated in Europe and the Parties to
the Second Additional Protocol that are not Member States of the European Union.
09-01-2012
The Protocol remains applicable in the relation between Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) and those States with which notes have been exchanged on the extension of the Convention.
Noorwegen
11-12-1986
Pursuant to Article 9, Norway declares that it does not accept Chapters I and V of
the Protocol.
Oekraïne
01-02-2000
The Ministry of Justice of Ukraine (in case of requests by courts) and the Prosecutor-General's
Office of Ukraine (in case of requests by bodies of pre-trial investigation) shall
be the authorities to which reference is made in article 12, paragraph 1 of the Convention,
as amended by the Second Additional Protocol.
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
Oostenrijk
09-09-1994
With respect to the member States of this Additional Protocol, Austria declares that,
under the conditions provided by Chapter II, it will grant extradition also for offences
which are exclusively contraventions against regulations concerning monopolies on
the export, import, transit and rationing of goods.
Russische Federatie
07-11-1996
The designated authority of the Russian Federation to consider questions of extradition is the Procurator-General's Office of the Russian Federation.
10-12-1999
The Russian Federation shall reserve the right not to apply Chapter V of the Second
Additional Protocol of March 17, 1978 to the European Convention on Extradition of
December 13, 1957.
Turkije
10-07-1992
The Government of the Republic of Turkey reserves the right to use diplomatic channels
in transmitting extradition requests in order to follow-up and carry out the necessary
proceedings by diplomatic missions in the requested State, taking into consideration
the type of request.
Verenigd Koninkrijk
08-03-1994
In accordance with paragraph 2 of Article 9, the United Kingdom declares that it does
not accept Chapter I, Chapter III, Chapter IV or Chapter V of the Protocol.
25-04-2003
In accordance with paragraph 2 of Article 9, the United Kingdom does not accept, in
respect of the Isle of Man and Guernsey, Chapter I, Chapter III, Chapter IV or Chapter
V of the Protocol.
31-07-2019
[…] the United Kingdom of Great Britain and Northern Ireland wishes the application
of the Convention to be extended to the territory of Gibraltar, for whose international
relations the United Kingdom is responsible.
The Government of the United Kingdom requests the Secretariat General of the Council
of Europe to circulate this Note to all other Contracting Parties informing them that,
pursuant to Article 27, paragraph 4, of the Convention, an arrangement giving effect
to this extension will be deemed to have been made between the United Kingdom and
each of the Contracting Parties from which the Secretariat has not received a Note
of objection within 90 days of the date of circulation.
Bezwaar Spanje, 25-10-2019
With regard to the communication that the United Kingdom addressed to the Secretariat
General of the Council of Europe on 29 July 2019, concerning the intention of the
United Kingdom to extend to Gibraltar the application of the European Convention on
Extradition (ETS No. 24), of the Second Additional Protocol to the European Convention
on Extradition (ETS No. 98), of the Third Additional Protocol to the European Convention
on Extradition (CETS No. 209) and of the Fourth Additional Protocol to the European
Convention on Extradition (CETS No. 212), Spain, recalling that it is a Party to the
said Convention, as well as to the Additional Protocol to the European Convention
on Extradition (ETS No. 86) and to the Second and Third Additional Protocols, makes
the following statement:
Spain desires that co-operation in this matter, made possible between Spain and the
United Kingdom by the Convention and the Protocols thereto, should also be effective
in Gibraltar. As required by Article 27, paragraph 4, of the Convention, this requires
the direct agreement of the Parties. Consequently, the Spanish authorities consider
that, under Article 27, paragraph 4, the United Kingdom must apply directly to the
Parties to seek their agreement, which must be express. States Parties should not
have received a communication from the Council of Europe’s Treaty Office, other than
a request from the United Kingdom. Reaffirming the need to follow this procedure for
future occasions, Spain responded to this communication by addressing the United Kingdom
directly, by means of a Note verbale delivered to its Embassy in Madrid on 22 October,
expressing its agreement. Spain does not accept that a territorial extension of the
Convention can take place merely by tacit acceptance.
Bezwaar Spanje, 06-05-2022
With regard to the communication that the United Kingdom addressed to the Secretariat
General of the Council of Europe on 29 July 2019, concerning the intention of the
United Kingdom to extend to Gibraltar the application of the European Convention on
Extradition (ETS No. 24), of the Second Additional Protocol thereof (ETS No. 98),
of the Third Additional Protocol thereof (CETS No. 209) and of the Fourth Additional
Protocol thereof (CETS No. 212), Spain, recalling that it is a Party to the said Convention,
as well as to the Additional Protocol to the European Convention on Extradition (ETS
No. 86) and to the Second and Third Additional Protocols, makes the following statement:
- 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.
- The authorities of Gibraltar have a local character 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 of which the mentioned non-autonomous territory
is dependent.
- As a result, any participation of the Gibraltarian authorities in the application
of the European Convention on Extradition and of the Protocols thereof will be understood
as carried out exclusively as part of the internal competences of Gibraltar and cannot
be considered to modify in any way what was established in the two previous paragraphs.
- The procedure foreseen in the Arrangements relating to Gibraltar authorities in
the context of certain international treaties which were adopted by Spain and the
United Kingdom on 19 December 2007 (as well as the Agreed Arrangements relating to
Gibraltar authorities in the context of EU and EC instruments and related treaties,
dated 19 April 2000), apply to this Convention and to the Protocols thereof.
- The application of this Convention to Gibraltar and of the Protocols thereof 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 Crowns of Spain and of the United Kingdom. Finally, Spain wishes to reiterate
the content of the reservations and declarations made to this date with regard to
the Convention and the Protocols thereof.
Zuid-Korea
29-09-2011
In respect of Article 5 of the Second Additional Protocol to the Convention, the Republic of Korea declares that it shall communicate through the diplomatic channel in principle, and directly between the Ministries of Justice of the Contracting Parties in urgent cases.
Zwitserland
11-03-1985
Switzerland declares not to accept Chapter II of the Second Additional Protocol to
the European Convention on Extradition.