Declaration dated 18 April 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 convey hereby, on behalf of the Government of Ukraine, the list of international treaties concerning international cooperation within the Council of Europe, signed/ratified by Ukraine, as well as 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.
- European Convention on Information on Foreign Law (ETS No. 62)
- Additional Protocol to the European Convention on Information on Foreign Law (ETS No. 97)
- Convention on the Transfer of Sentenced Persons (ETS No. 112)
- Additional Protocol to the Convention on the Transfer of Sentenced Persons (ETS No. 167)
- European Convention on the Transfer of Proceedings in Criminal Matters (ETS No. 73)
- European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders (ETS No. 51)
- Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (ETS No. 141)
- European Convention on Extradition (ETS No. 24)
- Additional Protocol to the European Convention on Extradition (ETS No. 86)
- Second Additional Protocol to the European Convention on Extradition (ETS No. 98)
- Third Additional Protocol to the European Convention on Extradition (CETS No. 209)
- Fourth Additional Protocol to the European Convention on Extradition (CETS No. 212)
- European Convention on Mutual Assistance in Criminal Matters (ETS No. 30)
- Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (ETS No. 99)
- Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (ETS No. 182)
- European Convention on the Suppression of Terrorism (ETS No. 90)
- European Convention on the International Validity of Criminal Judgments (ETS No. 70)
- Convention on Cybercrime (ETS No. 185)
- Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (ETS No. 189)
- Council of Europe Convention on the Prevention of Terrorism (CETS No. 196)
- Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism (entry in force 01.07.2017) (CETS No. 217)
- Council of Europe Convention against Trafficking in Human Beings (CETS No. 197)
- Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198)
- European Convention on the Non-Applicability of Statutory Limitation to Crimes against Humanity and War Crimes (ETS No. 82)
- European Convention on the Exercise of Children's Rights (ETS No. 160)
Declaration dated 18 April 2022: (continued)
- Convention on Contact concerning Children (ETS No. 192)
- Convention on the Establishment of a Scheme of Registration of Wills (ETS No. 77)
- European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children (ETS No. 105)
- European Convention on the Legal Status of Children born out of Wedlock (ETS No. 85)
- Agreement on Illicit Traffic by Sea, implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (ETS No. 156)
- Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201)
- European Convention on the Adoption of Children (Revised) (CETS No. 202)
- Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health (CETS No. 211)
- Criminal Law Convention on Corruption (ETS No. 173)
- Additional Protocol to the Criminal Law Convention on Corruption (ETS No. 191)
- Civil Law Convention on Corruption (ETS No. 174)
- European Agreement on the Transmission of Applications for Legal Aid (ETS No. 92).
Reservation made upon ratification:
"The Russian Federation declares that, pursuant to subparagraph “d” of paragraph 1 of Article 10 of the Convention, it will criminally prosecute foreign citizens and stateless persons, permanently residing in the territory of the Russian Federation, only in case provided for in the Criminal Code of the Russian Federation."
Declarations made upon ratification:
1. "The Russian Federation declares that, pursuant to paragraph 3 of Article 21, when no international treaty on extradition or mutual legal assistance exists, it will, on the basis of reciprocity, consider this Convention as the legal basis for extradition or mutual legal assistance in respect of offences established in accordance with this Convention, including for the purposes of ensuring liability of legal persons pursuant to Article 11 of the Convention."
2. "The Russian Federation, pursuant to paragraph 2 of Article 22 declares that, for the purposes of the Convention, the Federal Service of Surveillance in Healthcare will be designated national contact point responsible for transmitting and receiving requests for information and/or co-operation in connection with the fight against counterfeiting of medical products and similar crimes involving threats to public health, excluding extradition requests and requests for legal assistance in criminal matters."
Declaration made upon ratification:
"Turkey declares that its ratification of the "Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health" neither amounts to any form of recognition of the Greek Cypriot Administration's pretention to represent the defunct "Republic of Cyprus" as party to that Convention, nor should it imply any obligation on the part of Turkey to enter into any dealing with the so-called Republic of Cyprus within the framework of the said Convention."
Reservations made upon signature:
1. "In accordance with Article 10, paragraph 4, of the Convention, the Tunisian Republic declares that it reserves the right not to apply, or to apply only in specific cases or conditions, the jurisdiction rules laid down in paragraph 1, subparagraph d, and paragraph 2 of Article 10."
2. "In accordance with Article 7, paragraph 2, of the Convention, the Tunisian Republic declares that it reserves the right not to apply, or to apply only in specific cases or conditions, paragraph 1, as regards documents related to excipients, parts and materials. "
Reservation contained in a Note verbale from the Consulate General of Tunisia in Strasbourg, dated 4 February 2024, handed to the Deputy Secretary General of the Council of Europe at the time of signature of the instrument, on 7 February 2024 - Or. Fr.
In accordance with Article 7, paragraph 2, of the Convention, the Tunisian Republic declares that it reserves the right not to apply, or to apply only in specific cases or conditions, paragraph 1, as regards documents related to excipients, parts and materials.
Reservation made upon ratification:
In accordance with paragraph 4 of Article 10 of the Convention, the Republic of Slovenia declares that it reserves the right not to apply the jurisdiction rules laid down in paragraph 1, subparagraph d, and in paragraph 2 of Article 10 of this Convention.
Declarations made upon ratification:
"1. In accordance with Article 10, paragraph 4, of the Convention, Switzerland reserves the right to apply its jurisdiction in accordance with Article 10, paragraphs 1.d and 2, only when the offence is committed by one of its nationals (paragraph 1.d) or against one of its nationals (paragraph 2).
2. In accordance with Article 22 of the Convention, Switzerland declares that the "Institut suisse des produits thérapeutiques (Swissmedic) Hallerstrasse 7, CH-3000 Berne 9" is the national contact point within the meaning of Article 22, paragraph 2, of the Convention."
Reservation made upon approval:
"In conformity with Article 10, paragraph 4, of the Convention, France declares that, as regard to Article 10, paragraphs 1.d and 2, of the Convention, in offence related matters, the applicability of the French law on acts committed abroad will remain subject to the local criminalisation of the acts, and to the complaint of the victim or to the denunciation of the State where the crime was committed, and that France does not intend to exercise jurisdiction in respect of acts committed abroad by or on persons habitually residing in France but not of French nationality, jurisdiction that the general criminal procedure does not provide for and for which it does not seem appropriate to create exemptions for individual case."
Objection submitted on 17 October 2017:
The Republic of Cyprus has examined the Declaration deposited by the Republic of Turkey upon ratification of the “Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health” (CETS No. 211) dated 28 October 2011, and registered at the Secretariat General of the Council of Europe on 21 September 2017.
The Republic of Turkey declares that its ratification of the “Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health” neither amounts to any form of recognition of the “Greek Cypriot Administration’s pretention to represent the defunct “Republic of Cyprus”, as party to that Convention, nor should it imply any obligation on the part of Turkey to enter into any dealing with the “so-called Republic of Cyprus” within the framework of the said Convention”.
The Republic of Cyprus is not a State Party to the “Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes Involving Threats to Public Health” (CETS No. 211). However, in the view of the Republic of Cyprus, the content and purported effect of this Declaration makes it tantamount in its essence to a reservation contrary to the object and purpose of the Convention. By such Declaration, the Republic of Turkey purports to evade its obligations under the Convention vis-à-vis another equal and sovereign State Party, namely the Republic of Cyprus. Indeed, the Declaration prevents the realization of cooperation between State Parties foreseen by the Convention.
The Republic of Cyprus therefore strongly rejects the aforesaid Declaration made by the Republic of Turkey and considers such declaration to be null and void. The aforementioned objections by the Republic of Cyprus shall not preclude the entry into force of the Convention, in its entirety, between the Republic of Cyprus and the Republic of Turkey.
Regarding the Republic of Turkey’s pretension, as expressed in the same Declaration, that “the Greek Cypriot Administration’s pretention to represent the defunct “Republic of Cyprus” as party to that Convention, nor should it imply any obligation on the part of Turkey to enter into any dealing with the so-called Republic of Cyprus within the framework of the said Convention”, the Republic of Cyprus would like to remind of the following:
Despite, being, through binding international agreements, a guarantor of “the independence, territorial integrity and security of the Republic of Cyprus” (Article II of the 1960 Treaty of Guarantee), the Republic of Turkey illegally invaded Cyprus in 1974 and continues since then occupying 36.2% of the territory of the Republic.
The illegality of such aggression was made manifested by the U.N. Security Council Resolutions 541 (1983) and 550 (1984). Resolution 541’s operative paragraph 2 considers “the declaration [of the Turkish Cypriot authorities of the purported secession of part of the Republic of Cyprus] as legally invalid and “calls for its withdrawal”. Paragraph 6 then “calls upon all States to respect the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus” and further at paragraph 7 “calls upon all States not to recognize any Cypriot state other than the Republic of Cyprus”. Resolution 550, operative para. 2, also “condemns all secessionist actions, including the purported exchange of Ambassadors between Turkey and the Turkish Cypriot leadership, declares them illegal and invalid, and calls for their immediate withdrawal”. Para. 3 then « reiterates the call upon all States not to recognize the purported state of the “Turkish Republic of Northern Cyprus” set up by secessionist acts and calls upon them not to facilitate or in any way assist the aforesaid secessionist
Reservation made upon ratification:
"In accordance with Article 10, paragraph 4, of the Convention, the Republic of Croatia reserves the right to apply the jurisdiction rules laid down in Article 10, paragraphs 1.d and 2 of the Convention, subject to the conditions prescribed by the criminal legislation of the Republic of Croatia."
Reservations made upon ratification:
"1. Hungary reserves the right not to apply Article 7, paragraph 1, of the Convention, on the basis of Article 7, paragraph 2, of the Convention.
2. Hungary reserves the right not to apply Article 10, paragraph 1.d and paragraph 2, of the Convention, on the basis of Article 10, paragraph 4, of the Convention."