Treaty

Second Additional Protocol to the European Convention on Extradition

Parties with reservations, declarations and objections

Party Reservations / Declarations Objections
Austria Yes No
Azerbaijan Yes No
Belgium Yes No
Bulgaria Yes No
France Yes No
Georgia Yes No
Ireland Yes No
Latvia Yes No
Malta Yes No
Monaco Yes No
Netherlands, the Kingdom of the Yes No
Norway Yes No
Republic of Korea, the Yes No
Russian Federation Yes No
Switzerland Yes No
Türkiye Yes No
Ukraine Yes No
United Kingdom Yes Yes

Austria

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.

Azerbaijan

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.

Belgium

18-11-1997

Belgium declares that it does not accept Chapter V of the Second Additional Protocol to the European Convention on Extradition.

Bulgaria

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.

France

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.

Georgia

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.

Ireland

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.

Latvia

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.

Netherlands, the Kingdom of the

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.

Norway

11-12-1986

Pursuant to Article 9, Norway declares that it does not accept Chapters I and V of the Protocol.

Republic of Korea, the

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.

Russian Federation

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.

Switzerland

11-03-1985

Switzerland declares not to accept Chapter II of the Second Additional Protocol to the European Convention on Extradition.

Türkiye

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.

Ukraine

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

United Kingdom

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.

Objection Spain, 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.

Objection Spain, 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.

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