Verdrag van de Raad van Europa inzake de bescherming van kinderen tegen seksuele uitbuiting en seksueel misbruik
Partijen met voorbehouden, verklaringen en bezwaren
Partij | Voorbehoud / verklaring | Bezwaren |
---|---|---|
Albanië | Ja | Nee |
Andorra | Ja | Nee |
Azerbeidzjan | Ja | Ja |
België | Ja | Nee |
Bosnië en Herzegovina | Ja | Nee |
Bulgarije | Ja | Nee |
Cyprus | Ja | Nee |
Denemarken | Ja | Nee |
Duitsland | Ja | Nee |
Estland | Ja | Nee |
Finland | Ja | Nee |
Frankrijk | Ja | Nee |
Georgië | Ja | Nee |
Griekenland | Ja | Nee |
Hongarije | Ja | Nee |
Ierland | Ja | Nee |
IJsland | Ja | Nee |
Italië | Ja | Nee |
Kroatië | Ja | Nee |
Letland | Ja | Nee |
Liechtenstein | Ja | Nee |
Litouwen | Ja | Nee |
Luxemburg | Ja | Nee |
Malta | Ja | Nee |
Moldavië | Ja | Nee |
Monaco | Ja | Nee |
Montenegro | Ja | Nee |
Nederlanden, het Koninkrijk der | Ja | Nee |
Noord-Macedonië | Ja | Nee |
Noorwegen | Ja | Nee |
Oekraïne | Ja | Nee |
Oostenrijk | Ja | Nee |
Polen | Ja | Nee |
Portugal | Ja | Nee |
Roemenië | Ja | Nee |
Russische Federatie | Ja | Nee |
San Marino | Ja | Nee |
Servië | Ja | Nee |
Slovenië | Ja | Nee |
Slowakije | Ja | Nee |
Spanje | Ja | Nee |
Tsjechië | Ja | Nee |
Tunesië | Ja | Nee |
Turkije | Ja | Nee |
Verenigd Koninkrijk | Ja | Nee |
Zweden | Ja | Nee |
Zwitserland | Ja | Nee |
Albanië
11-10-2010
In accordance with Article 37 of the Convention, Albania designates as national authority:
Ministry of Justice
Department of Codification
Ms Mimoza SELENICA
Head of the Section of Justice for children and familial right
[...]
Andorra
30-04-2014
Pursuant to Article 24, paragraph 3, of the Convention, Andorra reserves the right
not to apply paragraph 2 of Article 24 regarding the repression of the attempt to
commit the offences established in accordance with the Convention, to the offences
established in accordance with Article 21, paragraph 1 c, of the Convention.
Pursuant to Article 37, paragraph 2, of the Convention, Andorra designates as the
single national authority in charge for the purposes of Article 37, paragraph 1, of
the Convention, the following authority:
Ministère chargé de l'Intérieur
[...]
Azerbeidzjan
19-12-2019
1. The Republic of Azerbaijan declares that the provisions of the Convention shall
not be applied by the Republic of Azerbaijan in respect of the Republic of Armenia.
2. The Republic of Azerbaijan declares that it does not guarantee the implementation
of the provisions of the Convention in its territories occupied by the Republic of
Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts
surrounding that region), until the liberation of these territories from the occupation
and complete elimination of the consequences of that occupation (the schematic map
of the occupied territories of the Republic of Azerbaijan is enclosed [see: https://rm.coe.int/0900001680995270]).
3. The Republic of Azerbaijan declares that it reserves the right to amend or revoke
at any time the provisions of paragraphs 1 and 2 of the present Declaration, and other
Parties shall be notified in writing of any such amendments or revocations.
In accordance with Article 37, paragraph 2, of the Convention, the Republic of Azerbaijan
designates as the national authority in charge for the purposes of Article 37, paragraph
1, of the Convention:
Ministry of Internal Affairs of the Republic of Azerbaijan
[...]
Bezwaar Armenië, 07-09-2020
The Republic of Armenia objects to the paragraph 1 of the declaration of the Republic
of Azerbaijan contained in the instrument of ratification deposited on 19 December
2019, limiting the implementation of the provisions of the Convention only to the
selected parties. Such selective implementation of any convention of the Council of
Europe goes against the essence of cooperation within the Council of Europe and threatens
the proper functioning of the European human rights system.
The aforementioned declaration, which attempts to modify or limit the rights and obligations
under the Convention, constitutes, in fact, reservation and neither falls under the
scope or Article 48 of the Convention, nor is compatible with the object and purpose
of the Convention to establish a framework for the cooperation between the member
States of the Council of Europe, therefore, as such shall be considered null and void.
Until the withdrawal of the aforementioned reservation, the Republic of Armenia declares
that it will be unable to ensure the application of the Convention in respect of the
Republic of Azerbaijan.
Declarations
The paragraph 2 of the declaration of the Republic of Azerbaijan contained in the
instrument of ratification deposited on 19 December 2019, includes unsubstantiated
and baseless allegations against the Republic of Armenia and distorts the essence
of the Nagorno-Karabakh conflict which was triggered and sustained by the use of force
by Azerbaijan against peaceful demands of the people of Nagorno-Karabakh (Republic
of Artsakh) for human rights and self-determination.
In accordance with Article 37, paragraph 2, of the Convention, Republic of Armenia
designates the following authority as the single national authority in charge for
the purposes of Article 37, paragraph 1, of the Convention:
Police of the Republic of Armenia,
[…]
[…] Deputy Head of the General Department of Public Security Protection of Police
of the Republic of Armenia,
Police Colonel
[…]
Bezwaar Duitsland, 09-12-2020
The Government of the Federal Republic of Germany has carefully examined the declarations made by the Republic of Azerbaijan upon signature, on 19 December 2019, of the Council of Europe Convention of 25 October 2007 (CETS No. 201) on the Protection of Children against Sexual Exploitation and Sexual Abuse. (i) The Federal Republic of Germany notes that the declaration by the Republic of Azerbaijan, according to which the Republic of Azerbaijan declares that the provisions of the Convention shall not be applied by the Republic of Azerbaijan in respect of the Republic of Armenia, amounts to a reservation which, however, is impermissible pursuant to Article 48 of the Convention that prohibits reservations to this Convention except for those specifically mentioned, which do not include the reservation in question made by the Republic of Azerbaijan. (ii) Furthermore, the reservation is contrary to the functioning of a multilateral treaty framework in general which, unless specifically provided for in the respective treaty, does not allow for the unilateral exclusion of the territory of a State that intends to become or is a State Party by another State that intends to become or is a State Party from the application of multilateral treaty obligations. The Federal Republic of Germany therefore considers the reservation to be contrary to the provisions and the object and purpose of the Convention as a multilateral treaty. (iii) The Federal Republic of Germany objects to the aforementioned reservation. This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and the Republic of Azerbaijan.
Bezwaar Oostenrijk, 16-12-2020
The Government of Austria has carefully examined the declarations made by the Republic
of Azerbaijan upon ratification of the Council of Europe Convention on the Protection
of Children against Sexual Exploitation and Sexual Abuse on 19 December 2019.
Austria considers the first declaration to amount to a reservation, because it aims
at generally excluding the application of the Convention by Azerbaijan in relation
to another State Party, namely the Republic of Armenia, on a unilateral basis.
This reservation is impermissible according to Article 48 of the Convention that prohibits
reservations to this Convention except for those specifically mentioned, which do
not include the reservation in question.
Furthermore, the reservation is contrary to the functioning of a multilateral treaty
framework in general which, unless specifically provided for in the respective treaty,
does not allow for the unilateral exclusion of the territory of a State that intends
to become or is a State Party by another State that intends to become or is a State
Party from the application of multilateral treaty obligations. Austria therefore considers
the reservation to be contrary to the provisions and the object and purpose of the
Convention as a multilateral treaty.
Austria objects to the aforementioned reservation. This objection shall not preclude
the entry into force of the Convention between the Republic of Austria and the Republic
of Azerbaijan.
Bezwaar Griekenland, 16-12-2020
The Government of the Hellenic Republic has examined the declaration made by the Republic
of Azerbaijan upon ratification, on 19 December 2019, of the Council of Europe Convention
on the Protection of Children against Sexual Exploitation and Sexual Abuse.
The Republic of Azerbaijan declares, in paragraph 1 of its declaration, that it shall
not apply the provisions of the Convention in respect of the Republic of Armenia.
In the view of the Government of the Hellenic Republic, this declaration in fact amounts
to a reservation, as it purports to unilaterally exclude the application of the Convention
in its entirety in relations of Azerbaijan with another State Party to the Convention,
and would like to recall that, according to Article 48 thereof, no reservation may
be made in respect of any provision of this Convention, with the exception of the
reservations expressly authorized by the Convention.
The Government of the Hellenic Republic, therefore, considers that the aforementioned
reservation of the Republic of Azerbaijan is impermissible as prohibited by Article
48 of the Convention and as contrary to its object and purpose, namely to prevent
and combat sexual exploitation and sexual abuse of children, to protect the rights
of victims without discrimination on any ground, as well as to promote cooperation
in this field.
For the above reasons, the Government of the Hellenic Republic objects to the declaration
made by the Republic of Azerbaijan upon ratification of the said Convention. This
objection shall not preclude the entry into force of the Convention between the Hellenic
Republic and the Republic of Azerbaijan.
Bezwaar België, 19-12-2020
The Kingdom of Belgium has carefully examined the declarations made by the Republic of Azerbaijan upon ratification, on 19 December 2019, of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote, 25 October 2007, CETS No. 201). The Kingdom of Belgium considers that by unilaterally excluding the application of the Convention by the Republic of Azerbaijan in respect of another State Party, in this case the Republic of Armenia, the first declaration in fact constitutes a reservation. Such a reservation is inadmissible under Article 48 of the Convention, which prohibits reservations to the Convention except for those specifically mentioned, which do not include the reservation in question made by the Republic of Azerbaijan. Furthermore, the Kingdom of Belgium considers that this reservation is contrary to the functioning of the multilateral treaty framework in general, which does not allow, unless expressly provided for in the treaty concerned, the unilateral exclusion of the territory of a State which intends to become or is a State Party, by another State which intends to become or is a State Party, from the application of multilateral treaty obligations. The Kingdom of Belgium therefore considers that this reservation is contrary to the object and purpose of the Convention as a multilateral treaty. Consequently, the Kingdom of Belgium objects to the above-mentioned declaration made by the Republic of Azerbaijan with regard to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. This objection shall not constitute an obstacle to the entry into force of the Convention between the Kingdom of Belgium and the Republic of Azerbaijan.
België
08-03-2013
Pursuant to Article 37, paragraph 2, of the Convention, Belgium designates as the
single national authority in charge for the purposes of Article 37, paragraph 1, of
the Convention, the following authority:
Institut National de Criminalistique et de Criminologie
Direction générale et Direction opérationnelle Criminalistique
[...]
Pursuant to Article 24, paragraph 3, of the Convention, Belgium reserves the right
not to apply paragraph 2 of Article 24 related to repression of attempts to commit
the offences established by the Convention, to offences established in accordance
with Article 20, paragraph 1. e and f, Article 21, paragraph 1.c, and Article 23.
Bosnië en Herzegovina
14-11-2012
In accordance with Article 37, paragraph 2, of the Convention, Bosnia and Herzegovina
declares that the national authority in charge for the purposes of Article 37, paragraph
1, is:
Ministry for Human Rights and Refugees of Bosnia and Herzegovina
[...]
Bulgarije
15-12-2011
In accordance with Article 20, paragraph 4, of the Convention, the Republic of Bulgaria
declares that it will not apply in whole paragraph 1.f of Article 20.
In accordance with Article 21, paragraph 2, of the Convention, the Republic of Bulgaria
declares that it will apply paragraph 1.c of Article 21 only in cases where children
have been recruited or coerced in conformity with paragraph 1.a or b of the said Article.
In accordance with Article 24, paragraph 3, of the Convention, the Republic of Bulgaria
declares that it will not apply in whole paragraph 2 of Article 24 to offences established
in accordance with Article 20, paragraph 1.f.
In accordance with Article 37, paragraph 2, of the Convention, the Republic of Bulgaria
designates as the national authority in charge for the purposes of Article 37, paragraph
1, of the Convention:
The Research Institute for Forensic Science and Criminology
[...]
Cyprus
12-02-2015
Pursuant to Article 37, paragraph 2, of the Convention, Cyprus designates as the single
national authority in charge for the purposes of Article 37, paragraph 1, of the Convention,
the following authority:
Cyprus Police
[...]
Denemarken
18-11-2009
Declaration:
In accordance with Article 47, paragraph 1, of the Convention, Denmark declares that,
pending further decision, the Convention will not apply to the Faroe Islands and to
Greenland.
Reservation:
With regard to Article 20, paragraph 3, of the Convention, Denmark reserves the right
not to apply Article 20, paragraph 1 (a and e) to the production and possession of
pornographic material involving children who have reached the age set in application
of Article 18, paragraph 2, where these images are produced and possessed by them
with their consent and solely for their own private use.
14-02-2011
In accordance with Article 37, paragraph 2, of the Convention, Denmark hereby communicates
the name and address of the Danish national authority in charge of taking the necessary
legislative or other measures to collect and store, in accordance with the relevant
provisions on the protection of personal data and other appropriate rules and guarantees
as prescribed by domestic law, data relating to the identity and genetic profile (DNA)
of persons convicted of the offences established in the Convention :
The Danish Ministry of Justice
Criminal Law Division
[...]
Duitsland
18-11-2015
1. Reservation pursuant to Article 20, paragraph 3 of the Convention.
Pursuant to Article 20, paragraph 1 of the Convention, each party “shall take the
necessary legislative or other measures to ensure” that the intentional production
of child pornography, when committed without right (letter a), and the intentional
possession of child pornography, when committed without right (letter e), is criminalised.
Article 20, paragraph 2 of the Convention states that the term “child pornography”
within the meaning of that article includes “any material that visually depicts a
child engaged in real or simulated sexually explicit conduct or any depiction of a
child’s sexual organs for primarily sexual purposes.”
In Germany, sexual activities with persons under 14 years of age are not allowed.
Children who have reached the age specified under Article 18, paragraph 2 of the Convention,
are persons of the age of 14 or above.
The distribution, acquisition and possession of pornographic written materials relating
to children is governed by section 184 b of Germany’s Criminal Code (Strafgesetzbuch
- hereinafter StGB). This section pertains to persons under the age of 14. The distribution,
acquisition and possession of juvenile pornographic written materials is governed
by section 184 c StGB. This pertains to persons of the age of 14 years and over who
have not yet reached the age of 18. Simulated representations and realistic images
are not covered by all variants of possession and production in sections 184 b and
184 c StGB. Particularly when the variants of possession and production of child and/or
juvenile pornography without intent to distribute involve simulated sexual conduct
which does not include “actually existing” children and/or juveniles, there is no
identifiable sufficient connection to any legally protected interests. This connection
may also be lacking in the case of realistic images. Furthermore, the consent-based
production and associated possession of juvenile pornographic materials which portray
actual activities may take place within relationships between juvenile couples, in
particular, without this necessarily constituting a threat to any legally protected
interests.
Therefore, pursuant to Article 20, paragraph 3 of the Convention, the Federal Republic
of Germany reserves the right to not apply paragraph 1, letters a and e, to the production
and possession of pornographic material
- which contains exclusively simulated representations or realistic images of a non-existent
child,
- involving children who have reached the age set in application of Article 18, paragraph
2, where these images were produced and possessed by them with their consent and solely
for their own private use.
2. Reservation pursuant to Article 24, paragraph 3 of the Convention.
Article 24, paragraph 2 of the Convention states that “each Party shall take the necessary
legislative or other measures to establish as criminal offences, when committed intentionally,
attempts to commit the offences established in accordance with this Convention.”
The German criminal provisions which implement Article 20, paragraph 1 b, d, e and
f, Article 21, paragraph 1 c, Article 22 and Article 23 do not provide for criminal
liability for attempts where the acts constituting the offences are themselves located
so far in advance of the actual violation of the legally protected interests that
it is not appropriate to impose liability even earlier by criminalising attempts.
Pursuant to Article 24, paragraph 3 of the Convention, the Federal Republic of Germany
therefore reserves the right not to apply paragraph 2 to the offences established
in accordance with Article 20 paragraph 1 b, d, e, and f (offences concerning child
pornography), Article 21, paragraph 1 c (knowingly attending pornographic performances
involving the participation of children), Article 22 (corruption of children) and
Article 23 (solicitation of children for sexual purposes).
3. Reservation pursuant to Article 25, paragraph 3 of the Convention.
Pursuant to Article 25, paragraph 3 of the Convention, the Federal Republic of Germany
reserves the right to establish jurisdiction for offences committed abroad by persons
who have their habitual residence in the territory of the Federal Republic of Germany
(Article 25, paragraph 1 e) only in accordance with the conditions stipulated in section
7 (2) no. 2 StGB.
German criminal law does not contain any provision that implements Article 25 paragraph
1 e in its entirety, i.e. there is no provision pursuant to which offences committed
abroad by foreigners or stateless persons who have their habitual residence in Germany
are in principle always subject to German criminal law. The kinds of cases relevant
in practice are covered by section 7 (2) no. 2 StGB, whereby German criminal law is
applicable to offences committed abroad if the offender was a foreigner or stateless
at the time of the offence and is discovered in Germany and, although the Extradition
Act would permit extradition for such an offence, is not extradited. However, it is
conceivable that exceptional cases may arise where such prerequisites are not met.
Communication:
Article 37, paragraph 2, provides that each Party shall communicate to the Secretary
General of the Council of Europe, at the time of signature or when depositing its
instrument of ratification, the name and address of the national authority in charge
of collecting and storing personal data pursuant to paragraph 1 of that Article. The
DNA analysis database is maintained at the Federal Criminal Police Office (Bundeskriminalamt).
In addition, personal data may be stored by any criminal prosecution authority pursuant
to section 484 (1) of the Code of Criminal Procedure (Strafprozessordnung).
In accordance with Article 37, paragraph 2, of the Convention, Germany designates
as the single national authority in charge for the purposes of Article 37, paragraph
1, of the Convention
Bundeskriminalamt
(Federal Criminal Police Office)
[...]
Estland
22-11-2016
In accordance with Article 37, paragraph 2, of the Convention, Estonia designates
as the single national authority in charge for the purposes of Article 37, paragraph
1, of the Convention:
The Ministry of Justice
Criminal Police Department
Analysis Division
Finland
09-06-2011
In accordance with Article 37, paragraph 2, of the Convention, Finland declares that
the national authority in charge of implementing the provisions in Article 37, paragraph
1, is the following:
Ministry of Justice
[...]
Frankrijk
27-09-2010
In accordance with Article 24, paragraph 3, of the Convention, France would like to
point out that, for all practical purposes, it reserves the right not to apply, in
whole or in part, paragraph 2 of Article 24, concerning the suppression of the attempts
to commit the offences established by the Convention, to certain offences, and in
particular, to those established in accordance with Article 20, paragraph 1, points
e and f, and Article 23.
France declares that the declaration in regard to Article 37, paragraph 2, of the
Convention will be transmitted to the Secretariat General of the Council of Europe
in due course, before the date of entry into force as regards France.
In accordance with Article 47, paragraph 1, of the Convention, France declares that
the Convention shall apply to the whole territory of the Republic.
26-04-2011
In accordance with Article 37, paragraph 2, of the Convention, France designates the
following authority as single national authority in charge for the purposes of Article
37, paragraph 1, of the Convention:
Ministère de la Justice et des Libertés
Direction des Affaires criminelles et des grâces
Bureau de l'entraide pénale internationale
[...]
Georgië
23-09-2014
In accordance with paragraph 2 of the Article 37, of the Convention, the Republic
of Georgia informs that to implement the functions of Article 37, paragraph 1, of
the Convention, the responsible authority of Georgia will be the Ministry of Internal
Affairs of Georgia.
[...]
Griekenland
24-06-2010
Ministry of Citizen Protection
Hellenic Police Headquarters
Forensic Science Division (F.S.D.)
[...]
Hongarije
03-08-2015
Hungary reserves the right not to apply Article 20, paragraphs 1.a and 1.e, of the
Convention on the basis of Article 20, paragraph 3, of the Convention, if the pornographic
material consists exclusively of simulated representations or realistic images of
a non-existent child.
Hungary reserves the right not to apply Article 20, paragraph 1.f, of the Convention
on the basis of Article 20, paragraph 4, of the Convention.
Hungary reserves the right not to apply Article 25, paragraph 1.e, of the Convention
on the basis of Article 25, paragraph 3, of the Convention.
Pursuant to Article 37, paragraph 2, of the Convention, Hungary designates as the
single national authority in charge for the purposes of Article 37, paragraph 1, of
the Convention: the Central Office for Administrative and Electronic Public Services,
[...], as well as the Hungarian Institute for Forensic Sciences, [...].
Ierland
21-12-2020
In accordance with Article 25, paragraph 5, of the Lanzarote Convention, Ireland declares
that it reserves the right to limit the application of Article 25, paragraph 4, with
regard to offences established in accordance with Article 18, paragraph 1.b, second
and third indents, to cases wher(e) its national as his or her habitual residence
in its territory.
In accordance with Article 37, paragraph 2, of the Convention, Ireland designates
as the single national authority in charge for the purposes of Article 37, paragraph
1, of the Convention the following: Director, Forensic Science Ireland Garda Headquarters
[…]
IJsland
20-09-2012
In accordance with Article 37, paragraph 2, of the Convention, Iceland declares that
the National Commissioner of Police is the competent national authority in charge
of recording and storing data relating to the identity and to the genetic profile
(DNA) of persons convicted of the offences established in accordance with Article
37, paragraph 1, of the Convention. The contact information of the national authority
is the following:
National Commissioner of Police
Ríkislögreglustjórinn
[...]
Italië
03-01-2013
In accordance with Article 37, paragraph 2, of the Convention, the Italian Republic
designates as national authority in charge for the purposes of collecting and storing
national data relating to persons convicted of sexual offences, in accordance with
Article 37, paragraph 1, of the Convention:
Ministero dell'Interno - [...].
Kroatië
21-09-2011
In accordance with Article 37, paragraph 2, of the Convention, Croatia designates
as its national authority in charge for the purposes of Article 37, paragraph 1, of
the Convention:
Ministry of Justice
[...].
Letland
18-08-2014
In accordance with paragraph 3 of the Article 25 of the Convention, the Republic of
Latvia declares that it reserves the right not to apply the provision of Article 25,
paragraph 1, subparagraph e) of the Convention.
In accordance with paragraph 2 of the Article 37, of the Convention, the Republic
of Latvia informs that the State Police is the responsible authority for the provision
of data, referred to in paragraph 1 of the Article 37 of the Convention.
Liechtenstein
11-09-2015
Based on Article 20, paragraph 3, second indent, of the Convention, Liechtenstein
reserves the right not to apply Article 20, paragraphs 1.a and e, of the Convention,
to the production and possession of pornographic material involving children who have
reached the age set in application of Article 18, paragraph 2, where these images
are produced and possessed by them with their consent and solely for their own private
use.
In accordance with Article 37, paragraph 2, of the Convention, Liechtenstein designates
as the single national authority in charge for the purposes of Article 37, paragraph
1, of the Convention:
National Police
Litouwen
09-04-2013
Pursuant to Article 37, paragraph 2, of the Convention, the Republic of Lithuania
designates the following authority as the single national authority in charge for
the purposes of Article 37, paragraph 1, of the Convention:
Information Technology and Communications Department under the Ministry of the Interior
of the Republic of Lithuania
[...]
Luxemburg
09-09-2011
In accordance with Article 24, paragraph 3, of the Convention, Luxembourg reserves
the right not to apply paragraph 2 of Article 24 to offences established in accordance
with Article 20, paragraph 1, points e and f, and Article 23.
In accordance with Article 37, paragraph 2, of the Convention, Luxembourg declares
that the national authority in charge of implementing the provisions in Article 37,
paragraph 1, is the following:
Parquet Général
[...]
Malta
06-09-2010
Malta designates as the competent national authority for the purposes of Article 37,
paragraph 2, of the Convention:
Malta Police Force
General Headquarters
[...]
Moldavië
12-03-2012
The Republic of Moldova declares that, until the full re-establishment of its territorial
integrity, the provisions of the Convention will be applied only on the territory
controlled effectively by authorities of the Republic of Moldova.
In accordance with Article 37, paragraph 2, of the Convention, the Ministry of Interior
of the Republic of Moldova is designated as the national authority in charge of implementing
the provisions in Article 37,
paragraph 1.
Monaco
07-10-2014
Pursuant to Article 24, paragraph 3, of the Convention, the Principality of Monaco
reserves the right not to apply, in whole or in part, paragraph 2 of Article 24 on
the suppression of the attempt to commit offences established by the Convention, to
certain offences and in particular those established in accordance with Article 20,
paragraph 1.f, Article 21, paragraph 1.c, Article 22 and Article 23 of the Convention.
Pursuant to Article 37, paragraph 2, of the Convention, the Principality of Monaco
designates as the single national authority in charge for the purposes of Article
37, paragraph 1, of the Convention, the following authority:
Direction des Services Judiciaires
Palais de Justice
[...]
Montenegro
25-11-2010
In accordance with Article 18, paragraph 2, of the Convention, Montenegro declares
that it considers Article 18, paragraph 1, item a, as applying to a person younger
than 16 years, and item b to a person younger than 18.
In accordance with Article 25, paragraph 3, of the Convention, Montenegro declares
that it will take over prosecution for the case stipulated in Article 25, paragraph
1, item e, in accordance with its own criminal legislation.
Montenegro declares that the declaration in regard to Article 37, paragraph 2, of
the Convention will be transmitted to the Secretariat General of the Council of Europe
in due course.
In accordance with Article 47, paragraph 1, of the Convention, Montenegro declares
that the Convention shall apply to the territory of Montenegro.
08-03-2011
In accordance with Article 37, paragraph 2, of the Convention, Montenegro designates
as the competent national authority :
The Police Directorate of Montenegro
Forensic Center
[...]
Nederlanden, het Koninkrijk der
01-03-2010
In accordance with Article 47 of the Convention, the Kingdom of the Netherlands accepts
the Convention for the Kingdom in Europe.
In accordance with Article 37, paragraph 2, of the Convention, the Kingdom of the
Netherlands designates the following authority for the Kingdom in Europe:
National Forensic Institute
[...]
Noord-Macedonië
11-06-2012
In accordance with Article 37, paragraph 2, of the Convention, the Republic of Macedonia
communicates the name and address of the designated national authority in charge for
the purposes of Article 37, paragraph 1:
Ministry of Interior
Noorwegen
13-06-2018
In accordance with Article 37, paragraph 2, of the Convention, Norway designates the
following authority as single national authority in charge for the purposes of Article
37, paragraph 1, of the Convention:
The Ministry of Justice and Public Security
Oekraïne
27-08-2012
In accordance with Article 37, paragraph 2, of the Convention, Ukraine declares that
the national authority in charge for the purposes of Article 37, paragraph 1, is the
Ministry of the Interior of Ukraine.
In accordance with Article 38, paragraph 3, of the Convention, Ukraine declares that
this Convention will be considered the legal basis for co-operation in the area of
mutual legal assistance in criminal matters and extradition in cases where Ukraine
receives a request from a State Party to this Convention with which it has not concluded
a treaty on mutual legal assistance in criminal matters and extradition. The Ministry
of Justice of Ukraine (at the stage of judicial proceedings or of the execution of
a judgment) and the General Prosecutor's Office of Ukraine (at the stage of pretrial
proceedings) are the national authorities in charge of the application of paragraph
3 of Article 38 of the Convention.
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
25-02-2011
In accordance with Article 37, paragraph 2, of the Convention, Austria designates
as the single national authority in charge for the purposes of Article 37, paragraph
1, of the Convention :
The Federal Ministry of the Interior
Criminal Intelligence Service Austria
[...]
Polen
20-02-2015
Pursuant to Article 25, paragraph 3, of the Convention, the Republic of Poland declares
that it will not apply in whole Article 25, paragraph 1.e, of the Convention.
Pursuant to Article 37, paragraph 2, of the Convention, the Republic of Poland declares
that the authority responsible for collecting and storing data relating to the identity
and to the genetic profile (DNA) of persons convicted of the offences established
in accordance with the Convention is:
– The Police Commander in Chief (Komendant Główny Policji) – regarding data relating
to the genetic profile (DNA);
– The Information Bureau of the National Criminal Record (Biuro Informacyjne Krajowego
Rejestru Karnego) – regarding other data.
Portugal
23-08-2012
Portugal designates, pursuant to Article 37, paragraph 2, of the Convention, as single
national authority in charge for the purposes of Article 37, paragraph 1, of the Convention,
the following authority:
Instituto Nacional de Medicina Legal
(National Institute of Legal Medicine)
[...]
Roemenië
17-05-2011
In accordance with Article 37, paragraph 2, of the Convention, Romania declares that the national authority in charge of implementing the provisions in Article 37, paragraph 1, is the General Inspectorate of the Romanian Police, within the Ministry of Administration and Interior of Romania.
Russische Federatie
09-08-2013
In accordance with Article 20, paragraph 3, of the Convention, the Russian Federation
reserves the right not to apply in full the provisions of Article 20, paragraphs 1.a
and 1.e, of the Convention in respect of production and possession of pornographic
materials:
a) consisting exclusively of simulated representations or realistic images of a non-existent
child;
b) involving children who have reached the age set in application of Article 18, paragraph
2, where these images are produced and possessed by them with their consent and solely
for their own private use.
In accordance with Article 20, paragraph 4, of the Convention, the Russian Federation
reserves the right not to apply in full the provisions of Article 20, paragraph 1.f,
of the Convention.
In accordance with Article 21, paragraph 2, of the Convention, the Russian Federation
reserves the right to limit the application of Article 21, paragraph 1.c, of the Convention
to cases where children have been recruited or coerced in conformity with Article
21, paragraphs 1.a and 1.b, of the Convention.
In accordance with Article 24, paragraph 3, of the Convention, the Russian Federation
reserves the right not to apply in full Article 24, paragraph 2, of the Convention
in respect of offences established in accordance with Article 20, paragraph 1.b, d,
e and f, Article 21, paragraph 1.c, Article 22 and Article 23 of the Convention.
In accordance with Article 25, paragraph 3, of the Convention, the Russian Federation
reserves the right not to apply the jurisdiction rules laid down in Article 25, paragraph
1.e, of the Convention.
In accordance with Article 25, paragraph 5, of the Convention, the Russian Federation
reserves the right to limit the application of Article 25, paragraph 4, of the Convention
with regard to offences established in accordance with Article 18, paragraph 1.b,
second and third indents, to cases where nationals of the Russian Federation have
their habitual residence in the territory of the Russian Federation.
In accordance with Article 37, paragraph 2, of the Convention, the Russian Federation
designates as the national authority in charge for the purposes of collecting and
storing national data related to persons convicted of sexual offences, in accordance
with Article 37, paragraph 1, of the Convention : the Ministry of Internal Affairs
of the Russian Federation.
San Marino
28-09-2010
In accordance with Article 37 of the Convention, San Marino designates as its national
authority:
Authority for Equal Opportunities
[...]
Servië
31-05-2011
Ministry of Interior
Slovenië
26-09-2013
Pursuant to Article 24, paragraph 3, of the Convention, the Republic of Slovenia declares
that it reserves the right not to apply, in whole, Article 24, paragraph 2, to offence
in Article 23.
Pursuant to Article 25, paragraph 3, of the Convention, the Republic of Slovenia declares
that it reserves the right to apply the rule of jurisdiction referred to in Article
25, paragraph 1. e), under the conditions laid down in Articles 10 and 13 of the Criminal
Code (Official Gazette of RS, no. 55/08, 66/08 - corr. 39/09, 55/09 - Odl. U.S 91/11
KZ-1).
Pursuant to Article 37, paragraph 2, of the Convention, the Republic of Slovenia declares
that the single national authority in charge for the purposes of Article 37, paragraph
1, is the Ministry responsible for the Interior - Police:
Ministry of the Interior
POLICE
Stefanova 2
1501 Ljubljana
Slovenia
Phone: +386 1 428 40 00
Fax: +386 1 251 43 30
E-mail: gp.policija@policija.si
Slowakije
01-03-2016
In accordance with Article 37, paragraph 2, of the Convention, the Slovak Republic
designates as the single national authority in charge for the purposes of Article
37, paragraph 1, of the Convention:
Institute of Forensic Science
[...]
Spanje
12-03-2009
If the Council of Europe Convention on the Protection of Children Against Sexual Exploitation
and Sexual Abuse were to be applied 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 Convention 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.
05-08-2010
Spain designates as the national authority responsible for the implementation of Article
37, paragraph 1, of the Convention :
Subdirección General de Registros Adminitrativos de Apoyo a la Actividad Judicial
(Sous-Direction Générale des Registres Administratifs de Soutien à l'Activité Judiciaire)
Dirección General de Modernización de la Administración de Justicia del Ministerio
de Justicia
(Direction Générale de Modernisation de l'Administration Judiciaire du Ministère de
la Justice)
[...]
If the Council of Europe Convention on the Protection of Children Against Sexual Exploitation
and Sexual Abuse, dated 25 October 2007, were to be applied 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 Convention 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 (2007) which have been agreed 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 this Council of Europe Convention on Protection
of Children against Sexual Exploitation and Sexual Abuse.
Tsjechië
02-05-2016
In accordance with Article 37, paragraph 2, of the Convention, the Czech Republic
designates as the single national authority in charge for the purposes of Article
37, paragraph 1, of the Convention:
Policejní prezidium České republiky
Tunesië
15-10-2019
In accordance with Article 37, paragraph 2, of the Convention, the Republic of Tunisia
designates as the single national authority in charge for the purposes of Article
37, paragraph 1, of the Convention:
Ministry of the Interior
Turkije
07-12-2011
In accordance with Article 37, paragraph 2, of the Convention, Turkey hereby communicates
the name and address of its national authority in charge of taking the necessary legislative
or other measures to collect and store data relating to the identity and to the genetic
profile (DNA) of persons convicted of the offences established in accordance with
the Convention:
Ministry of Justice of the Republic of Turkey
General Directorate of International Laws and Foreign Affairs
[...]
Verenigd Koninkrijk
20-06-2018
In accordance with Article 37, paragraph 2, of the Convention, the United Kingdom
designates as the single national authority in charge for the purposes of Article
37, paragraph 1, of the Convention:
Home Office
Zweden
28-06-2013
Pursuant to Article 20, paragraph 3, of the Convention, Sweden reserves the right
not to apply paragraph 1.a and e to the production and possession of pornographic
material involving children who have reached the age set in application of Article
18, paragraph 2, where these images are produced and possessed by them with their
consent and solely for their own private use.
Pursuant to Article 24, paragraph 3, of the Convention, Sweden reserves the right
not to apply paragraph 2 to offences established in accordance with Articles 22 and
23.
Pursuant to Article 27, paragraph 2, of the Convention, Sweden declares that the national
authority in Sweden in charge for collecting and storing data relating to the identity
and to the genetic profile (DNA) of persons convicted of the offences established
in accordance with the Convention is the Swedish National Police Board, [...].
Zwitserland
18-03-2014
Based on Article 20, paragraph 3, second indent, of the Convention, Switzerland reserves
the right not to apply Article 20, paragraphs 1.a and e, of the Convention, to the
production and possession of pornographic material involving children who have reached
the age set in application of Article 18, paragraph 2, where these images are produced
and possessed by them with their consent and solely for their own private use.
Based on Article 24, paragraph 3, of the Convention, Switzerland reserves the right
not to apply Article 24, paragraph 2, to the act of solicitation within the meaning
of Article 23 of the Convention.
Based on Article 25, paragraph 3, of the Convention, Switzerland reserves the right
not to apply Article 25, paragraph 1.e, of the Convention.
The Federal Office of Police (fedpol) of the Federal Department of Justice and Police,
[...], is the competent authority for the receipt and storage of data within the meaning
of Article 37, paragraph 1, of the Convention.