Verdrag tussen de Lid-Staten van de Europese Gemeenschappen inzake de tenuitvoerlegging van buitenlandse strafvonnissen
Partijen met voorbehouden, verklaringen en bezwaren
Partij | Voorbehoud / verklaring | Bezwaren |
---|---|---|
Cyprus | Ja | Nee |
Denemarken | Ja | Nee |
Duitsland | Ja | Nee |
Frankrijk | Ja | Nee |
Letland | Ja | Nee |
Nederlanden, het Koninkrijk der | Ja | Nee |
Spanje | Ja | Nee |
Cyprus
16-11-2005
Pursuant to article 8, paragraph 3 of the Convention, the Republic of Cyprus declares
that it intends to exclude the application of the procedures as provided in paragraph
1(b) of this article in its relations with the other parties.
Pursuant to article 18 of the Convention, the Republic of Cyprus declares that it
reserves the right to require that the relevant documents referred to in article 7
be translated into its official language.
Denemarken
13-11-1991
[...] with reservation for application to the Faroe Islands and Greenland.
Duitsland
10-09-1997
Article 5
The Federal Republic of Germany will not agree to transfer of the enforcement of a
sentence if the costs that would be incurred in implementing the request are disproportionate
to the case and implementation is therefore likely to be prejudicial to fundamental
German interests. The latter situation is assumed to exist if the request relates
to the enforcement of a financial penalty of DM 200 or less. The Federal Government
reserves the right to raise this amount in line with inflation and to reduce it, for
instance if the administrative costs of implementing a request fall, as a result of
bilateral agreements on the admissibility of a direct channel between the criminal
justice authorities.
Article 6(1)
For the Federal Republic of Germany, the Ministry of Justice within the meaning of
the Convention will be the Federal Minister of Justice and the Justice ministers/senators
of the federal states.
Article 6(5)
In the cases referred to in paragraphs 3 and 4, the forwarding of a copy of the documents
specified therein to the Ministry of Justice will not be necessary.
Article 8(3)
The Federal Republic of Germany will accept the enforcement of a custodial sentence
only on condition that a German court has declared the sentence imposed in the sentencing
State to be enforceable. In assessing whether the conditions for transfer of enforcement
of the sentence have been met, the court will examine the considerations as to the
facts and to the law, as contained in the judgment.
Article 13(1)
Given the federal structure of the Federal Republic of Germany and the fact that the
federal states are responsible for granting pardons, the Federal Republic of Germany
reserves the right to agree to transfer of the enforcement of a sentence to another
Member State in accordance with the Convention subject to the condition that a general
or individual pardon in the administering State may only be implemented with the consent
of the German authority authorised to grant a pardon.
Article 18
Requests for enforcement and the accompanying documents which are not in German must
be accompanied by a German translation of both the request and the documents.
Article 21(3)
In accordance with article 21, paragraph 3, the Federal Republic declares the Convention
applicable to the Federal Republic of Germany, in its relations with those Member
States which have deposited their instruments of ratification, acceptance or approval,
ninety days after the date of deposit of its declaration.
Frankrijk
13-11-1991
In accordance with article 1, paragraph 2, the Government of the French Republic declares
that it intends to exclude from the scope of this Convention administrative offences
or offences against regulations falling within the competence of an administrative
authority as referred to in paragraph 1 of the same article if the individual concerned
has not had the opportunity to bring the matter before a court competent in criminal
matters.
In accordance with article 8, paragraph 6, the Government of the French Republic declares
that it only accepts the application of the conversion procedure mentioned in paragraph
5 (a) for custodial penalties of less than three months.
Letland
15-06-2004
In accordance with paragraph 2 of Article 1 of the Convention between the Member States
of the European Communities on the Enforcement of Foreign Criminal Sentences the Republic
of Latvia declares that it excludes from the scope of this Convention the offences
considered to be the administrative offences.
In accordance with Article 18 of the Convention between the Member States of the European
Communities on the Enforcement of Foreign Criminal Sentences the Republic of Latvia
declares that it reserves the right to require that the documents referred to in Article
7 of the Convention be translated into Latvian language.
In accordance with paragraph 3 of Article 21 of the Convention between the Member
States of the European Communities on the Enforcement of Foreign Criminal Sentences
the Republic of Latvia declares that it will apply the Convention in relation with
those Member States which make a similar declaration.
Nederlanden, het Koninkrijk der
17-11-1993
In accordance with Article 21, paragraph 3, of the Convention, the Convention is declared
applicable in relations between the Kingdom of the Netherlands (the Kingdom in Europe)
and those Member States which have made a similar declaration.
In accordance with Article 18 of the Convention, the Kingdom of the Netherlands (the
Kingdom in Europe) reserves the right to require that the relevant documents referred
to in Article 7 of the Convention be translated into Dutch.
15-02-2005
In accordance with Article 21, paragraph 3, of the Convention, the Convention is declared
applicable in relations between the Kingdom of the Netherlands (the Netherlands Antilles
and Aruba) and those Member States which have made a similar declaration.
In accordance with Article 18 of the Convention, the Kingdom of the Netherlands (the
Netherlands Antilles and Aruba) reserves the right to require that the relevant documents
referred to in Article 7 of the Convention be translated into Dutch.
18-10-2010
The Kingdom of the Netherlands consisted of three parts: the Netherlands, the Netherlands
Antilles and Aruba. The Netherlands Antilles consisted of the islands of Curaçao,
Sint Maarten, Bonaire, Sint Eustatius and Saba.
With effect from 10 October 2010, the Netherlands Antilles ceased to exist as a part
of the Kingdom of the Netherlands. Since that date, the Kingdom consists of four parts:
the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten enjoy internal
self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands
Antilles do.
These changes constitute a modification of the internal constitutional relations within
the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain
the subject of international law with which agreements are concluded. The modification
of the structure of the Kingdom will therefore not affect the validity of the international
agreements ratified by the Kingdom for the Netherlands Antilles. These agreements,
including any reservations made, will continue to apply to Curaçao and Sint Maarten.
The other islands that have formed part of the Netherlands Antilles - Bonaire, Sint
Eustatius and Saba - became part of the Netherlands, thus constituting 'the Caribbean
part of the Netherlands'. The agreements that applied to the Netherlands Antilles
will also continue to apply to these islands; however, the Government of the Netherlands
will now be responsible for implementing these agreements.
25-07-2012
In accordance with Article 18 of the Convention, the Kingdom of the Netherlands (Curaçao,
Sint Maarten, the Caribbean part of the Netherlands (the islands of Bonaire, Sint
Eustatius and Saba) and Aruba) reserves the right to require that the relevant documents
referred to in Article 7 of the Convention be translated into Dutch.
In accordance with Article 21, paragraph 3, of the Convention, the Convention is declared
applicable in relations between the Kingdom of the Netherlands (Curaçao, Sint Maarten,
the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and
Saba) and Aruba) and those Member States which have made a similar declaration.
Spanje
09-02-1994
In accordance with article 8, paragraph 3, Spain declares that when acting as administering State, it will adopt the procedure provided for in paragraph 1a of the said article and when acting as sentencing State, it will acquiesce in the administering State adopting either of the procedures provided for in paragraphs 1a and 1b of this article.