Liste des déclarations formulées au titre du traité n° 028

Troisième Protocole additionnel à l'Accord général sur les privilèges et immunités du Conseil de l'Europe

Situation au 30/8/2014

 

    Allemagne :


Reservation made at the time of signature, on 18 March 1959, and confirmed at the time of deposit of the instrument of ratification, on 8 August 1963 - Or. Engl./Fr.

As regards tax exemption, the Federal Republic of Germany will be unable to grant to Resettlement Fund loans more advantageous terms than those accorded to its own loans or the loans of other international organisations.

Article 7, paragraph 4, cannot therefore entail any obligation on the part of the Government of the Federal Republic of Germany to make the arrangements mentioned therein.
Période d'effet : 8/8/1963 -
Déclaration ci-dessus relative aux articles : 7

 

    Espagne :


Reservation contained in the instrument of accession, deposited on 16 December 1996 - Or. Span./Engl.

With regard to the fourth paragraph, sub-paragraph a, of Article 7 of the Protocol, the Government of the Kingdom of Spain makes a reservation according to which the ratification does not oblige Spain to grant exemption from taxes on income derived from interest on bonds issued or loans contracted by the Fund.
Période d'effet : 16/12/1996 -
Déclaration ci-dessus relative aux articles : 7

 

    Estonie :


Reservation contained in the instrument of accession deposited on 17 December 1998 - Or. Engl.

The Republic of Estonia makes a reservation to Article 7, paragraph 4, sub-paragraph a, according to which it reserves the right not to guarantee the exemption from taxes on income derived from interest on bonds issued or loans contracted by the Council of Europe Resettlement Fund.
Période d'effet : 17/12/1998 -   
Déclaration ci-dessus relative aux articles : 7


Declaration contained in the instrument of accession deposited on 17 December 1998 - Or. Engl.

The Republic of Estonia designates the City Court of Tallinn as the competent authority for the purpose of Article 3 of the Protocol.
Période d'effet : 17/12/1998 -
Déclaration ci-dessus relative aux articles : 3

 

    Italie :


Reservation made at the time of signature, on 6 March 1959, and confirmed at the time of deposit of the instrument of ratification, on 15 March 1963 - Or. Engl./Fr.

With regard to Article 3, Italy reserves the right, in view of the general principles of its legal system, not to enforce by execution awards arising from the arbitration procedure mentioned in Article 2, paragraph 3, when such awards are contrary to the national "ordre public".
Période d'effet : 15/3/1963 -
Déclaration ci-dessus relative aux articles : 3

 

    Liechtenstein :


Reservation contained in the instrument of accession, deposited on 11 December 1979 - Or. Fr.

As regards the exemption from taxes under the terms of Article 7, second paragraph, the Principality of Liechtenstein will not be able to grant for loans contracted by the Resettlement Fund advantages exceeding those granted to its own loans according to Liechtenstein law. The second paragraph of Article 7 cannot therefore involve any undertaking by the Principality of Liechtenstein to take the measures provided for in it.
Période d'effet : 11/12/1979 -   
Déclaration ci-dessus relative aux articles : 7


Reservation contained in the instrument of accession, deposited on 11 December 1979 - Or. Fr.

As regards the remission or return, under the terms of Article 7, fourth paragraph, letter b, of indirect taxes which form part of the price to be paid for movable or immovable property or of the payment for services rendered, the Principality of Liechtenstein will not be able to grant to the Fund, in respect of its acquisition of merchandise or of services in Liechtenstein and intended for use on the territory of Liechtenstein, advantages exceeding those granted for its own acquisitions of merchandise or services according to Liechtenstein law. Article 7, fourth paragraph, letter b cannot therefore involve any undertaking by the Principality of Liechtenstein to take the measures provided for in that clause for the merchandise or services acquired by the Fund and used on the territory of Liechtenstein.
Période d'effet : 11/12/1979 -   
Déclaration ci-dessus relative aux articles : 7


Declaration contained in the instrument of accession, deposited on 11 December 1979 - Or. Fr.

On 29 March 1923, the Principality of Liechtenstein concluded a customs treaty with the Swiss Confederation. Under this treaty, the Principality of Liechtenstein and Switzerland make up a common customs area with the effect that Swiss legislation concerning imports and exports, customs duties, import taxes, stamp duties and tax on turn-over also applies in the Principality of Liechtenstein.
Période d'effet : 11/12/1979 -
Déclaration ci-dessus relative aux articles : -

 

    Lituanie :


Reservation contained in the instrument of accession deposited on 19 October 2000 - Or. Engl.

In accordance with Article 7, paragraph 4.b, of the Protocol, the Republic of Lithuania reserves itself the right not to exempt the Development Bank from the excise duties on acquired goods or services or not to refund such excise duties.
Période d'effet : 19/10/2000 -
Déclaration ci-dessus relative aux articles : 7

 

    Pays-Bas :


Reservation contained in a letter from the Permanent Representative of the Netherlands, dated 8 August 1978, handed to the Secretary General at the time of deposit of the instrument of accession, on the same day - Or. Engl.

In the Kingdom of the Netherlands immunity from jurisdiction shall not apply in the case of a motor traffic offence committed by a privileged person or in the case of damage caused by a motor vehicle belonging to or driven by such a person.
Période d'effet : 8/8/1978 -   
Déclaration ci-dessus relative aux articles : 13


Reservation contained in a letter from the Permanent Representative of the Netherlands, dated 8 August 1978, handed to the Secretary General at the time of deposit of the instrument of accession, on the same day - Or. Engl.

The Kingdom of the Netherlands reserves the right to take into account the salaries and emoluments exempted under Article 13 of the Third Protocol in conjunction with Article 18 of the General Agreement on Privileges and Immunities of the Council of Europe, Paris, 2 September 1949, when assessing the tax to be applied to income from other sources. It is understood that the exemption mentioned in Article 13 of the Third Protocol in conjunction with Article 18 of the General Agreement does not apply to pensions paid to former employees of the Fund.
Période d'effet : 8/8/1978 -   
Déclaration ci-dessus relative aux articles : 13


Declaration contained in the instrument of accession, deposited on 8 August 1978 - Or. Engl.

The Protocol will apply to the Kingdom in Europe.
Période d'effet : 8/8/1978 -
Déclaration ci-dessus relative aux articles : -

 

    République tchèque :


Declaration contained in a Notification from the Government of the Czech Republic handed at the time of deposit of the instrument of accession, on 9 February 2001 - Or. Engl.

The Czech Republic makes the following notification, in respect of Article 3 of the Protocol, concerning the authority responsible for the executory formula:

“The legislation of the Czech Republic permits the recognition and execution of final and enforceable foreign arbitration awards in the Czech Republic. The applicable legislation is laid down in Sections 38 and 39 of Act No. 216/1994 regulating arbitration proceedings and the execution of arbitration awards.

The execution of a foreign arbitration award in the Czech Republic is subject to the decision of the competent district court; the legal channels are the same as those prescribed for the execution of domestic court decisions. However, the competent district court that decides on the execution must state the reasons for such decision. The district court does not issue any separate decision on the recognition of a foreign arbitration award and directly orders the execution of such foreign arbitration award”.
Période d'effet : 9/2/2001 -
Déclaration ci-dessus relative aux articles : 3

 

    Suède :


Reservation contained in the instrument of accession, deposited on 18 September 1992 - Or. Engl.

Sweden makes the reservation that it shall not be bound by Article 3, paragraph 2, which provides for the enforcement of awards by execution resulting from arbitration in accordance with the third paragraph of Article 2.
Période d'effet : 18/9/1992 -
Déclaration ci-dessus relative aux articles : 3

 

    Suisse :


Reservation made at the time of deposit of the instrument of accession, on 13 December 1973 - Or. Fr.

As regards the exemption from taxes, the Swiss Confederation will not be able to grant for loans contracted by the Resettlement Fund advantages exceeding those accorded to its own loans. The second paragraph of Article 7 cannot therefore involve any undertaking by the Swiss Confederation to take the measures provided for in it.
Période d'effet : 13/12/1973 -   
Déclaration ci-dessus relative aux articles : 7


Reservation made at the time of deposit of the instrument of accession, on 13 December 1973 - Or. Fr.

As regards the remission or return of indirect taxes which form part of the price to be paid for movable or immovable property or of the payment for services rendered, the Swiss Confederation will not be able to grant to the Fund, in respect of its acquisitions of merchandise or of services in Switzerland and intended for use on Swiss territory, advantages exceeding those granted for its own acquisitions of merchandise or services. Article 7, fourth paragraph, letter b cannot therefore involve any undertaking by the Swiss Confederation to take the measures provided for in that clause for the merchandise or services acquired by the Fund and used on Swiss territory.
Période d'effet : 13/12/1973 -
Déclaration ci-dessus relative aux articles : 7

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