Статус Конвенции Совета Европы о доступе к официальным документам (CETS № 205) (Тромсе, 18 июня 2009 года) [рус., англ.]

СПИСОК ПОДПИСАНИЙ И РАТИФИКАЦИЙ

Вступление в силу: 01.12.2020

a — присоединение; s — подписание без оговорок о ратификации; su — правопреемство; r — подписание «ad referendum».

R — оговорки; D — заявления, денонсации, частичные отмены; A — государственные органы; T — территориальное применение; C — уведомление; O — возражения.

CHART OF SIGNATURES AND RATIFICATIONS OF TREATY 205

COUNCIL OF EUROPE CONVENTION ON ACCESS TO OFFICIAL DOCUMENTS (CETS No. 205)

Status as of: 29.10.2026

Members of Council of Europe

a: Accession s: Signature without reservation as to ratification su: Succession r: Signature «ad referendum».

R.: Reservations D.: Declarations, Denunciations, Derogations A.: Authorities T.: Territorial Application C.: Communication O.: Objection.

RESERVATIONS AND DECLARATIONS FOR TREATY No. 205

COUNCIL OF EUROPE CONVENTION ON ACCESS TO OFFICIAL DOCUMENTS (CETS No. 205)

Declarations in force as of today Status as of: 29.10.2026

Finland

Declarations contained in a Note verbale from the Permanent Representation of Finland, dated 22 September 2020, registered at the Secretariat General on 23 September 2020 — Or. Engl.

The Government of the Republic of Finland declares that, due to an administrative oversight, the following declarations, contained in the decision of the President of the Republic of Finland dated 13 January 2015 on the acceptance of the Convention, and communicated to the Secretariat General after the deposit of the instrument of acceptance of the Convention, are to be considered as deposited simultaneously with the said instrument.

The Government of the Republic of Finland declares that:

1. for the purposes of the Convention, the definition of «public authorities» referred to in Article 1, paragraph 2, of the Convention includes natural and legal persons when performing statutory duties involving the exercise of public authority;

2. the provisions of Article 8 of the Convention concerning the review procedure do not apply to a decision made by the President of the Republic in response to a request for access to a document.

Period covered: 01/12/2020

Articles concerned: 8 1

Hungary

Declaration handed over by the Minister for Justice and Law Enforcement of Hungary to the Deputy Secretary General of the Council of Europe at the time of signature of the instrument, on 18 June 2009 — Or. Engl., and confirmed in the instrument of ratification deposited on 5 January 2010 — Or. Engl.

In accordance with Article 1, paragraph 2, subparagraph a.ii, of the Convention, the Republic of Hungary informs the Secretary General of the Council of Europe that, for the Republic of Hungary, the definition of «public authorities» includes the following:

• legislative bodies as regards their other activities;
• judicial authorities as regards their other activities;
• natural or legal persons insofar as they perform public functions or operate with public funds, according to national law.

Period covered: 01/12/2020

Articles concerned: 1

Lithuania

Declaration from the Minister of Foreign Affairs of Lithuania contained in the instrument of ratification deposited on 26 July 2012 — Or. Engl.

Pursuant to Article 1, paragraph 2.a, of the Convention, the Republic of Lithuania declares that the definition of «public authorities» also includes legislative bodies as regards their other activities, judicial authorities as regards their other activities, natural or legal persons insofar as they perform public functions or operate with public funds, according to national law.

Period covered: 01/12/2020

Articles concerned: 1

North Macedonia

Declaration contained in the instrument of ratification deposited on 13 November 2024 — Or. Engl.

In accordance with Article 1, paragraph 2, of the Council of Europe Convention on Access to Official Documents, the Republic of North Macedonia declares that the definition of «public authorities» includes:

1. The Assembly of the Republic of North Macedonia, as regards its other activities;

2. Judicial authorities as regards their other activities;

3. Natural or Legal persons exercising public powers established by Law and activities of public interest.

Period covered: 01/03/2025

Articles concerned: 1

Norway

Declaration contained in the instrument of approval deposited on 11 September 2009 — Or. Engl.

In accordance with Article 3, paragraph 1, of the Convention, the Government of Norway declares that communication with the reigning Family and its Household shall also be included among the possible limitations.

Period covered: 01/12/2020

Articles concerned: 3

Slovenia

Declaration contained in a Note verbale from the Ministry of Foreign and European Affairs of Slovenia, dated 3 March 2023, deposited with the instrument of ratification on 20 March 2023 — Or. Engl.

In accordance with Article 1, paragraph 2, of the Convention, the Republic of Slovenia declares that the definition of «public authorities» also include the following:

1. legislative bodies as regards their other activities;

2. judicial authorities as regards their other activities;

3. natural or legal persons insofar as they perform public functions or operate with public funds, according to national law.

Period covered: 01/07/2023

Articles concerned: 1

Spain

Reservations contained in a Note verbale from the Permanent Representation of Spain, dated 10 November 2021, deposited at the time of signature of the instrument on 23 November 2021 — Or. Engl., and confirmed in the instrument of ratification deposited on 27 September 2023 — Or. Spa./Fr.

Pursuant to Article 3.1 of the Convention, the Kingdom of Spain reserves the right to limit access to public documents, with the aim of protecting statistical confidentiality under the terms set forth in national and European Union legislations on statistical matters.

Pursuant to Article 3.1 of the Convention, for the purpose of protecting, in particular, those interests mentioned under c), e), and f), we specify that public documents containing sensitive information of a tax nature, obtained by the Spanish tax authorities in the exercise of their duties, are confidential and shall not be ceded to third parties, except in the circumstances specified in law, in accordance with the provisions of Articles 34.1.i) and 95 of the Spanish Law 58/2003 of 17 December 2003 (general tax law).

Period covered: 01/01/2024

Articles concerned: 3

Declaration contained in a Note verbale from the Permanent Representation of Spain, dated 10 November 2021, deposited at the time of signature of the instrument on 23 November 2021 — Or. Engl., and confirmed in the instrument of ratification deposited on 27 September 2023 — Or. Spa./Fr.

The Kingdom of Spain considers that the reference to privacy and legitimate private interests in Article 3.1.f) applies to the protection of personal data, as defined in Convention No. 108 of 28 January 1981. Likewise, it underlines that it specifically considers as a request difficult to comply with, in accordance with Article 5.5 (ii), any request for information requiring a prior action of redrafting so that said information may be disclosed

Period covered: 01/01/2024

Articles concerned: 3 5

Declaration contained in a Note verbale from the Permanent Representation of Spain, dated 10 November 2021, deposited at the time of signature of the instrument on 23 November 2021 — Or. Engl., and confirmed in the instrument of ratification deposited on 27 September 2023 — Or. Spa./Fr.

In the event that the Convention on Access to Official Documents is ratified by the United Kingdom and extended to the territory of Gibraltar, Spain would like to make the following statement:

1. Gibraltar is a non-self-governing territory, whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonization 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 carried out by the United Kingdom in accordance with its internal legislation, in its capacity as a sovereign State on which the aforementioned non-self-governing territory is dependent.

3. Consequently, any participation of the Gibraltar authorities in the application of this Convention shall be considered to be conducted exclusively within the internal competences of Gibraltar, and may not be understood as producing any change whatsoever regarding the stipulations of the previous two paragraphs.

4. The procedure envisaged 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.

5. The application of this Convention to Gibraltar may not be interpreted as an acknowledgement 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 Great Britain.

Period covered: 01/01/2024

Articles concerned: 0

Reservation contained in the instrument of ratification deposited on 27 September 2023 — Or. Spa./Fr.

Within the meaning of Article 3.1 of the Convention, for the purpose of protecting, in particular, the interests mentioned under c), e) and f), the Kingdom of Spain specifies that public documents containing data, reports or background obtained by administration of social security in the exercise of its duties are confidential and may not be ceded to third parties except in the circumstances specified in law, in accordance with the provisions of Article 77 of the revised text of the general law on Social Security, approved by Royal Legislative Decree 8/2015 of 30 October 2015.

Period covered: 01/01/2024

Articles concerned: 3

Declaration contained in the instrument of ratification deposited on 27 September 2023 — Or. Spa./Fr.

The Kingdom of Spain declares that communications with members of the Royal Family and the Household of H.M. the King fall within the possible limitations referred to in Article 3.1 of the Convention.

Period covered: 01/01/2024

Articles concerned: 3

Sweden

Reservation contained in the instrument of ratification deposited on 19 April 2010 — Or. Fr.

As a principal rule, all decisions taken by a Swedish public authority to deny access to an official document, in part or in full, can be appealed in court. However, special provisions apply for decisions taken by the Government, ministers and the Parliamentary Ombudsmen. Sweden is, therefore, lodging a reservation, in relation with Article 8, paragraph 1, of the Convention, on access to a review procedure before a court or another independent and impartial body established by law, as regards decisions taken by the Government, ministers and the Parliamentary Ombudsmen.

Period covered: 01/12/2020 -

Articles concerned: 8

Ukraine

Declaration contained in the instrument of ratification deposited on 19 August 2020 — Or. Engl.

In correspondence with the point 2 of the Article 1 of the Convention, Ukraine states that the definition of the notion «public authorities» also comprises: legislative authority bodies concerning their other functions; judicial authority bodies concerning their other functions; individuals and legal entities to the extent that they deliver state functions or manage state funds in line with national legislation.

Period covered: 01/12/2020 -

Articles concerned: 1

Declaration contained in the instrument of ratification deposited on 19 August 2020 — Or. Engl.

Ukraine states that, as a result of the armed aggression of the Russian Federation, the implementation of the obligations resulting from the Convention by Ukraine on the temporarily occupied territories of the Donetsk and Luhansk regions, Autonomous Republic of Crimea and the city of Sevastopol is not guaranteed until the restoration of the constitutional order of Ukraine on these territories.

All other bodies, officials and servicemen on the temporarily occupied territories of Donetsk and Luhansk regions, Autonomous republic of Crimea and the city of Sevastopol and their activities are illegal if these bodies and persons are established, elected or appointed under the procedure, unforeseen by the Constitution and laws of Ukraine, and all of their acts (decisions, documents) are non-valid and set no legal consequences.

Period covered: 01/12/2020 -

Articles concerned: -