Third Additional Protocol to the European Convention on extradition

[Additional protocol in German-language translation see annexes]

[Additional protocol in English language version see annexes]

[Additional protocol in French language version see annexes]

The instrument of ratification, signed by the Federal President and countersigned by the Federal Chancellor, was deposited with the Secretary-General of the Council of Europe on 10 April 2015; the Third Additional Protocol shall enter into force in accordance with Article 14 (3) of the Treaty for Austria. August 2015, in force.

On the occasion of the deposit of its instrument of ratification, the Republic of Austria has made the following statement:

" On Art. 5:

Austria declares, in accordance with Article 5 (a), that Article 14 of the Convention shall not apply if the extradited person consents to his extradition pursuant to Article 4 of this Protocol. "

According to information from the Secretary-General of the Council of Europe, the following additional states have ratified or adopted the Third Additional Protocol:

Albania, Azerbaijan, Bosnia and Herzegovina, Latvia, the former Republic of Macedonia, the Netherlands, Serbia, Slovenia, Spain, the Czech Republic, the United Kingdom, Cyprus.

On the occasion of the deposit of their instrument of ratification or acceptance, the following states have expressed reservations, or Statements made:

Azerbaijan:

The Republic of Azerbaijan ratifies the Third Additional Protocol to the European Convention on extradition and declares that it shall apply the provisions of this Protocol for the territories occupied by the Republic of Armenia (the region Berg-Karabakh of the Republic of Azerbaijan and the seven provinces surrounding this region) can only be guaranteed if these territories are liberated from the occupation and the consequences of this occupation have been completely eliminated.

The Republic of Azerbaijan declares that it shall until the liberation of the territories occupied by the Republic of Armenia 1 and the full elimination of the related consequences, the Republic of Armenia does not support under this Protocol.

Latvia:

Latvia reserves the right, under Article 4 (5) of the Third Additional Protocol to the Convention, to withdraw its consent to extradition in the simplified procedure and the waiver of the protection of the principle of speciality.

Latvia declares, in accordance with Article 5 of the Third Additional Protocol to the Convention, that Article 14 of the Convention shall not apply if the person delivered by Latvia consents to his extradition pursuant to Article 4 of this Protocol and to the protection of the person who is extradited to him or her of the principle of speciality.

Netherlands:

The Kingdom of the Netherlands declares the application of the Protocol for the European and Caribbean parts of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba).

The Kingdom of the Netherlands declares, in accordance with Article 5 of the Third Additional Protocol to the Convention, that Article 14 of the European Convention on extradition in the European and Caribbean parts of the Netherlands (the islands of Bonaire, Sint Eustatius, and Saba) shall not be used.

Slovenia:

The Republic of Slovenia reserves the right, in accordance with Article 4 (5) of the Protocol, to consent to extradition pending the highest court decision of the competent national court on extradition in the simplified procedure. revoked.

Slovenia declares, in accordance with Article 5 of the Protocol, that Article 14 of the Convention shall not apply if the person delivered by the Republic of Slovenia agrees to his extradition and expressly refers to the protection of the principle of speciality. Without.

Spain:

In the event that the present Protocol has been ratified by the United Kingdom and its application is extended to Gibraltar, Spain would like to make the following statement:

1.		Gibraltar is a Non-Self-Governing Territory for whose international relations the United Kingdom is responsible and which is established in a process of decolonization in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.
2.		The authorities of Gibraltar are of a local nature and shall exercise exclusively internal competences originating in and based on the distribution and allocation of powers which the United Kingdom shall be responsible for in accordance with its national law. legislation and, in its capacity as a sovereign State, from which the said territory is dependent on the absence of self-government.
3.		Consequently, the possible involvement of the authorities of Gibraltar in the application of the Protocol must be understood as taking place exclusively within the limits of the internal competences of Gibraltar and must not be regarded as having regard to the provisions of the Protocol. both previous paragraphs.
4.		The proposed procedure for the arrangements concerning the authorities of Gibraltar under certain international treaties agreed by Spain and the United Kingdom on 19 December 2007 (jointly with the "agreed agreement") with regard to the authorities of Gibraltar within the framework of the EU and EC instruments and the relevant treaties ' of 19 April 2000), the Third Additional Protocol to the European Convention on extradition shall apply.
5.		The application of this Protocol to Gibraltar is not a recognition of any rights or situations other than those referred to in Article 10 of the Treaty of Utrecht between the Crown of Spain and the Crown of Great Britain of 13 July 1713 ,

Czech Republic:

The Czech Republic shall declare in accordance with Art. 5 lit. a of the Third Additional Protocol to the European Convention on Extradition, that Article 14 of the European Convention on Extradition does not apply if the person delivered by the Czech Republic is extradited in accordance with Art. 4 of the Convention. Third Additional Protocol agrees.

Cyprus:

Cyprus explains in accordance with Art. 5 lit. b of the Third Additional Protocol to the European Convention on Extradition, that Article 14 of the European Convention on Extradition does not apply if the person delivered by the Republic of Cyprus is extradited in accordance with Art. 4 of this Convention Additional protocol agrees and expressly renounts the protection of the principle of speciality.

Faymann