Liste des déclarations formulées au titre du traité n° 181

Protocole additionnel à la Convention pour la protection des personnes à l'égard du traitement automatisé des données à caractère personnel, concernant les autorités de contrôle et les flux transfrontières de données

Situation au 27/8/2014

 

    Allemagne :


Declaration contained in a Note verbale from the Permanent Representation of Germany, dated 26 February 2003, confirming the declaration made at the time of signature on 8 November 2001, handed to the Secretary General of the Council of Europe at the time of deposit of the instrument of ratification, on 12 March 2003 - Or. Engl./Germ.

Article 1, paragraph 3, of the Additional Protocol (as well as paragraph 2 of its Preamble) provides that supervisory authorities shall exercise their functions in complete independence.

The Federal Republic of Germany recalls its statement made at the meeting of 6 to 8 June 2000 of the Consultative Committee, set up by virtue of Article 18 of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, that the existing practice for supervising data protection in Germany meets the requirements of Article 1, paragraph 3, of the Additional Protocol because the supervisory authorities responsible for data protection - even where they are incorporated in a hierarchical administrative structure - exercise their functions in complete independence.
Période d'effet : 1/7/2004 -
Déclaration ci-dessus relative aux articles : 1

 

    Andorre :


Declaration contained in the instrument of ratification deposited on 6 May 2008 - Or. Fr.

In accordance with Article 1, paragraph 1, of the Additional Protocol, Andorra designates the "Agència Andorrana de Protecció de Dades" as the authority competent for controlling and ensuring compliance with the measures in its domestic law giving effect to the Chapters II and III of the Convention.
Période d'effet : 1/9/2008 -
Déclaration ci-dessus relative aux articles : 1

 

    Bulgarie :


Declaration contained in a note verbale from the Permanent Representation of Bulgaria, dated 5 July 2010, deposited simultaneously with the instrument of ratification on 8 July 2010 Or. Engl.

In accordance with Article 1, paragraph 1, of the Additional Protocol, Bulgaria declares the following:

a. The supervisory authority under Article 1, paragraph 1, of the Additional Protocol is the Commission for Protection of Personal Data;
b. The Commission for Protection of Personal Data is an independent state authority which exercises the protection of individuals in processing of their personal data and in providing the access to these data;
c. The Commission for Protection of Personal Data passes decisions to complaints submitted by individuals concerning violation of their rights with regard to the processing of personal data;
d. The decisions of the Commission for Protection of Personal Data are subject to appeal before the Supreme Administrative Court;
e. The transfer of personal data to another State is admitted only if it ensures an adequate level of protection of the personal data on its territory.
Période d'effet : 1/11/2010 -
Déclaration ci-dessus relative aux articles : 1

 

    Espagne :


Declaration contained in the instrument of ratification deposited on 3 June 2010 - Or. Engl.

If the Additional Protocol were to be extended by the United Kingdom 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 Protocol 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.
Période d'effet : 1/10/2010 -
Déclaration ci-dessus relative aux articles : -

 

    Pays-Bas :


Declaration contained in the instrument of acceptance deposited on 8 September 2004 - Or. Engl.

The Kingdom of the Netherlands accepts the Protocol for the Kingdom in Europe.
Période d'effet : 1/1/2005 -   
Déclaration ci-dessus relative aux articles : -


Communication contained in a Note verbale from the Permanent Representation of the Netherlands, dated 27 September 2010, registered at the Secretariat General on 28 September 2010 – Or. Engl.

The Kingdom of the Netherlands currently consists of three parts : the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consists of the islands of Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba.

With effect from 10 October 2010, the Netherlands Antilles will cease to exist as a part of the Kingdom of the Netherlands. From that date onwards, the Kingdom will consist of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten will 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 until now formed part of the Netherlands Antilles – Bonaire, Sint Eustatius and Saba – will become parts of the Netherlands, thus constituting "the Caribbean part of the Netherlands". The agreements that now apply 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.

In addition, a number of the agreements that currently apply to the Netherlands are hereby declared applicable, from 10 October 2010, to this Caribbean part of the Netherlands. The agreements concerned are listed in the Annex which also includes a declaration – regarding Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto – on the modification of the internal constitutional relations within the Kingdom.

A status report of the agreements that apply to Curaçao, Sint Maarten and/or the Caribbean part of the Netherlands, including any reservations and further declarations, will be supplied in the near future.

Annex – Treaties extended to the Caribbean part of the Netherlands (islands of Bonaire, Sint Eustatius and Saba) as per 10 October 2010

- European Convention on State Immunity (ETS No. 74)
- Additional Protocol to the European Convention on State Immunity (ETS No. 74A)
- European Convention on the Non-Applicability of Statutory Limitation to Crimes against Humanity and War Crimes (ETS No. 82)
- European Convention on the Suppression of Terrorism (ETS No. 90)
- European Agreement on the Transmission of Applications for Legal Aid (ETS No. 92)
- Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108)
- Amendments to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data allowing the European Communities to accede (Strasbourg, 15 June 1999)
- Convention for the Protection of the Architectural Heritage of Europe (ETS No. 121)
- Criminal Law Convention on Corruption (ETS No. 173)
- Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows (ETS No. 181)
- Protocol amending the European Convention on the Suppression of Terrorism (ETS No. 190)
- Additional Protocol to the Criminal Law Convention on Corruption (ETS No. 191)
- Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198).
Période d'effet : 1/10/2010 -
Déclaration ci-dessus relative aux articles : -

 

    Royaume-Uni :


Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 8 November 2001, handed to the Secretary General of the Council of Europe at the time of signature of the instrument, on 8 November 2001 - Or. Engl.

The Government of the United Kingdom declares that the United Kingdom's signature of the Additional Protocol is extended to the Bailiwicks of Jersey and Guernsey and the Isle of Man, being territories for whose international relations the United Kingdom is responsible.
Déclaration ci-dessus relative aux articles : -

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