Aanvullend Protocol bij het Verdrag inzake de overbrenging van gevonniste personen

Partijen met voorbehouden, verklaringen en bezwaren

Partij	Voorbehoud / verklaring	Bezwaren
België	Ja	Nee
Denemarken	Ja	Nee
Ierland	Ja	Nee
Moldavië	Ja	Nee
Oekraïne	Ja	Nee
Roemenië	Ja	Nee
Russische Federatie	Ja	Nee
Spanje	Ja	Nee
Turkije	Ja	Nee
Verenigd Koninkrijk	Ja	Nee

België

26-05-2005

The Government of Belgium declares that Belgium undertakes not to apply Article 3 of the Protocol when the sentenced person has its habitual residence in the Kingdom's territory at the time of his/her arrest.

Denemarken

10-09-2001

In accordance with Article 6, paragraph 1, of the Additional Protocol to the Convention, the Government of the Kingdom of Denmark declares that, until notification to the contrary, the Protocol shall not apply to the Faroe Islands and Greenland.

Ierland

13-12-2006

Pursuant to Article 3, paragraph 6, of the Additional Protocol, Ireland declares that it will not apply Article 3 of the said Protocol and will not take over the execution of sentences under the circumstances described in Article 3 until notification to the contrary.

Moldavië

12-05-2004

The Republic of Moldova declares that the provisions of the Additional Protocol will be applied only on the territory controlled by the Government of the Republic of Moldova until the full establishment of the territorial integrity of the Republic of Moldova.

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

Roemenië

07-12-2001

The Government of Romania declares that the declarations formulated by Romania with respect to the Convention on the Transfer of Sentenced Persons (ETS 112) shall apply mutatis mutandis to the Additional Protocol.
[Note by the Secretariat : The above-mentioned declarations read as follows : "In pursuance of Article 3, paragraph 4, of the Convention, the term "national" means the citizen of the administering State (see Article 3, paragraph 1.a and Article 6, paragraph 1.a) or the citizen of the State of transit (see Article 16, paragraph 2a).
In pursuance of Article 17, paragraph 3, the requests for transfer and supporting documents shall be accompanied by a translation into Romanian or into one of the official languages of the Council of Europe."]

Russische Federatie

28-08-2007

In accordance with Article 3, paragraph 6, of the Additional Protocol, the Russian Federation declares that it will not take over the execution of sentences under the circumstances described in Article 3 of the Additional Protocol.

Spanje

19-07-2017

The Permanent Representation of the Kingdom of Spain has the honour to communicate that, in the event that the Additional Protocol to the Convention on the Transfer of Sentenced Persons 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 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 on which the mentioned non-autonomous territory depends.
3. As a result, the eventual participation of the Gibraltarian authorities in the application of this Additional Protocol 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.
4. The process provided for by the 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) applies to this Additional Protocol to the Convention on the Transfer of Sentenced Persons.
5. The application of this Additional 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 Crowns of Spain and of the United Kingdom.

Turkije

10-11-2010

In accordance with Article 3, paragraph 6, of the Additional Protocol, the Government of the Republic of Turkey declares that it will not apply Article 3 of the said Protocol and will not take over the execution of sentences under the circumstances described in Article 3 until notification to the contrary.

02-05-2016

In accordance with Article 3, paragraph 6, of the Additional Protocol, the Government of the Republic of Turkey declares that it excludes the application of Article 3 of the said Protocol, and unless otherwise notified, shall not take over the execution of sentences under the circumstances described in Article 3.

Verenigd Koninkrijk

27-02-2013

In accordance with Article 5 of the Convention, the United Kingdom declares that the political responsibility for the administration of Her Majesty's Prison in the island of Jersey lies solely with the Minister for Home Affairs in Jersey, and, accordingly, requests all member States to address communications in relation to transfers between those States and the island of Jersey to the Minister for Home Affairs (11 Royal Square, St Helier, Jersey JE2 4WA, Channel Islands), or to such other address as the Minister may notify the Secretary General of the Council of Europe from time to time.