Статус Конвенции Совета Европы против торговли человеческими органами (CETS № 216) (Сантьяго-де-Компостела, 25 марта 2015 года) [рус., англ.]

СПИСОК ПОДПИСАНИЙ И РАТИФИКАЦИЙ

Вступление в силу: 01.03.2018

Примечания. 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 216

Members of Council of Europe

Non-Members of Council of Europe

Notes

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.

63: Since 2013 the decision to invite a non-member State to sign the treaty is valid five years as from its adoption. See the Chart on https://rm.coe.int/16806cac22

65: Signature considered to be suspended as from 16 March 2022.

RESERVATIONS AND DECLARATIONS FOR TREATY No. 216

COUNCIL OF EUROPE CONVENTION AGAINST TRAFFICKING IN HUMAN ORGANS (CETS No. 216)

Declarations in force as of today Status as of: 29.10.2026

Azerbaijan

Declaration contained in the full powers handed over to the Secretary General of the Council of Europe at the time of signature of the instrument, on 30 October 2023 — Or. Engl.

The Republic of Azerbaijan declares that provisions of the present Convention will not be applied by the Republic of Azerbaijan in relation to the Republic of Armenia until the consequences of the conflict are completely eliminated and relations between the Republic of Armenia and the Republic of Azerbaijan are normalized.

Period covered:

Articles concerned: 0

Belgium

Reservation contained in the instrument of ratification deposited on 22 February 2022 — Or. Fr.

In accordance with the provisions of Article 9, paragraph 3, and Article 30, paragraph 1, of the Convention, the Government of the Kingdom of Belgium reserves the right not to apply Article 9, paragraph 2, to offences established in accordance with Article 7, paragraphs 2 and 3.

Period covered: 01/06/2022

Articles concerned: 30

Reservation contained in the instrument of ratification deposited on 22 February 2022 — Or. Fr.

In accordance with the provisions of Article 9, paragraph 3, and Article 30, paragraph 1, of the Convention, the Government of the Kingdom of Belgium reserves the right not to apply Article 9, paragraph 2, to offences established in accordance with Article 7, paragraphs 2 and 3.

Period covered: 01/06/2022

Articles concerned: 9

Reservation contained in the instrument of ratification deposited on 22 February 2022 — Or. Fr.

In accordance with the provisions of Article 10, paragraphs 3 and 5, and Article 30, paragraph 1, of the Convention, the Government of the Kingdom of Belgium reserves the right to apply the jurisdiction rules laid down in Article 10, paragraph 1.d and e, and paragraph 4, of the Convention, within the limits provided for in chapter II of the Titre préliminaire du Code de procédure pénale .

Period covered: 01/06/2022

Articles concerned: 10

Reservation contained in the instrument of ratification deposited on 22 February 2022 — Or. Fr.

In accordance with the provisions of Article 10, paragraphs 3 and 5, and Article 30, paragraph 1, of the Convention, the Government of the Kingdom of Belgium reserves the right to apply the jurisdiction rules laid down in Article 10, paragraph 1.d and e, and paragraph 4, of the Convention, within the limits provided for in chapter II of the Titre préliminaire du Code de procédure pénale .

Period covered: 01/06/2022

Articles concerned: 30

Declaration contained in the instrument of ratification deposited on 22 February 2022 — Or. Fr.

The Government of the Kingdom of Belgium declares that its «national contact point for the exchange of information pertaining to trafficking in human organs» is the:

Service public fédéral Justice

Direction Générale législation , libertés et droits fondamentaux

Boulevard de Waterloo, 115

B — 1000 Bruxelles

Belgique

Tel.: +32 2 542 65 11.

Period covered: 01/06/2022

Articles concerned: 22

Objection contained in the instrument of ratification deposited on 22 February 2022 — Or. Fr.

The Government of the Kingdom of Belgium has examined the content of the declaration made by the Czech Republic on 25 March 2015 with regard to the Council of Europe Convention against Trafficking in Human Organs, according to which the Czech Republic reserves the right to apply Article 5 of the Convention, in the case of organs removed from a deceased person, only to offenses committed for the purpose of personal enrichment or the enrichment of others.

The Government of the Kingdom of Belgium notes that this reservation limits the scope of Article 5 of the Convention, in a way that is not in conformity with Article 30, paragraph 2. Indeed, the Explanatory Report of the Convention explains clearly that the term «purposes» used in Article 5 must be understood in the sense of «use» (no. 48). In n° 21, it also specifies that: «The term „other purposes“ is intended to refer to any purpose other than transplantation, for which organs illicitly removed from a donor could now, or in the future, be used. Concerning what constitutes the term „other purposes“, the negotiators identified, in particular, scientific research and the use of organs to collect tissue and cells, such as the use of heart valves from a heart illicitly removed, or the use of cells from a organ illicitly removed organ for cell therapy.»

Period covered: 01/06/2022

Articles concerned: 5

Croatia

Declaration contained in the instrument of ratification deposited on 16 May 2019 — Or. Engl.

In accordance with Article 22, item b, of the Convention, the Republic of Croatia designates the Office for Human Rights and the Rights of National Minorities of the Government of the Republic of Croatia as the national contact point for the exchange of information pertaining to trafficking of human organs.

Period covered: 01/09/2019 -

Articles concerned: 22

Reservation contained in the instrument of ratification deposited on 16 May 2019 — Or. Engl.

In accordance with Article 10, paragraph 3, of the Convention, the Republic of Croatia reserves the right to apply the jurisdiction rules laid down in Article 10, paragraph 1.d and e, of the Convention subject to the conditions prescribed by the criminal legislation of the Republic of Croatia.

Period covered: 01/09/2019 -

Articles concerned: 10

Reservation contained in the instrument of ratification deposited on 16 May 2019 — Or. Engl.

In accordance with Article 10, paragraph 5, of the Convention, the Republic of Croatia reserves the right to apply Article 10, paragraph 4, of the Convention in specific cases as arises from the criminal legislation of the Republic of Croatia.

Period covered: 01/09/2019 -

Articles concerned: 10

Czech Republic

Reservation contained in the instrument of ratification deposited on 21 September 2017 — Or. Engl.

In accordance with Article 4, paragraph 2, of the Convention, the Czech Republic reserves the right not to apply paragraph 1.a of this Article to the removal of human organs from living donors, in exceptional cases, when the consent of the donor is not needed.

There is in force Section 4 of the Act No. 258/2002 Coll., on the donation, removals and transplantations of tissues and organs and on the amending of certain Acts, in the Czech Republic. The first paragraph of this provision states that solely renewable tissues may be removed from donors who are minors, persons with limited legal capacity or fully legally incapacitated persons or persons who gave their consent to the removal, but with regard to their health condition it is reasonable to assume that despite receiving due instructions they did not consider or could not consider all consequences of removal of renewable tissues for their own health (hereinafter «person unable to express consent»), unless provided otherwise further, and only if:

a) there is no other donor who could give his explicit and concrete consent,

b) the recipient is a sibling of the donor,

c) donation constitutes an option of rescuing the recipient's life,

d) legal representative of the donor who is a minor or person with limited legal capacity/incapacitated person expressed consent to the removal pursuant to section 7(4),

e) ethic committee expressed consent to the removal pursuant to section 5(5)b) and

f) the donor does not oppose the donation.

Second paragraph states that provisions of subsection 1 b) and c) do not apply to removal of cells, if such removal poses only minimal risk for health and life of the donor.

Period covered: 01/03/2018 -

Articles concerned: 4

Reservation contained in the instrument of ratification deposited on 21 September 2017 — Or. Engl.

In accordance with Article 10, paragraph 3, of the Convention, the Czech Republic reserves the right not to apply in full the provisions of Article 10, paragraph 1.e, of the Convention and to apply it only in the extent as follows: the law of the Czech Republic shall also assess the culpability of an act committed abroad by a person with no nationality who has been granted permanent residence in their territory.

Period covered: 01/03/2018 -

Articles concerned: 10

Reservation handed over to the Secretary General of the Council of Europe at the time of signature of the instrument, on 25 March 2015 — Or. Engl. and confirmed in the instrument of ratification deposited on 21 September 2017 — Or. Engl.

In accordance with Article 30, paragraph 2, of the Convention, the Czech Republic reserves the right to apply the Article 5 of the Convention in case of organs removed from a deceased person only to conduct committed with the aim to enrich oneself or other.

Period covered: 01/03/2018 -

Articles concerned: 5, 30

France

Reservation contained in the Full powers handed over to the Deputy Secretary General of the Council of Europe at the time of signature of the instrument, on 25 November 2019 — Or. Fr.

In accordance with Article 9, paragraph 3, of the Convention, the French Government declares that it reserves the right not to apply the rules on the attempt laid down in Article 9, paragraph 2, to offences established in accordance with Articles 7 and 8 of the Convention.

Articles concerned: 9, 8, 7

Reservation contained in the Full powers handed over to the Deputy Secretary General of the Council of Europe at the time of signature of the instrument, on 25 November 2019 — Or. Fr.

In accordance with Article 10, paragraph 3, of the Convention, the French Government declares that, regarding the jurisdiction rules laid down under Article 10, paragraph 1.d, of the Convention, it shall exercise its jurisdiction in respect of offences established in accordance with the Convention and committed by its nationals outside the territory of the French Republic only on condition that the facts are also punishable by the law of the country in which they were committed and that these gave rise either to a complaint of the victim or of its rights holders, or to an official denunciation by the authorities of the country where they were committed. The French Government declares that it will not apply the jurisdiction rules laid down under Article 10, paragraph 1.e, of the Convention.

Articles concerned: 10

Reservation contained in the Full powers handed over to the Deputy Secretary General of the Council of Europe at the time of signature of the instrument, on 25 November 2019 — Or. Fr.

In accordance with Article 10, paragraph 5, of the Convention, the French Government declares that it will not apply Article 10, paragraph 4, of the Convention.

Articles concerned: 10

Portugal

Declaration contained in a letter from the Permanent Representative of Portugal, dated 22 October 2018, deposited with the instrument of ratification on 8 November 2018 — Or. Engl., and updated by a letter from the Permanent Representative of Portugal, received and registered at the Secretariat General on 13 December 2018 — Or. Fr.

The Portuguese authorities declare that Mr. Manuel MAGRIÇO , Deputy to the Office of the Minister of Justice has been designated as the authority responsible for the Council of Europe Convention against Trafficking in Human Organs.

Period covered: 01/03/2019 -

Articles concerned: 22

Russian Federation

Communication contained in the full powers of signature handed over to the Secretary General at the time of signature of the instrument, on 24 September 2015 — Or. Eng.

The Russian Federation strongly condemns the inclusion into Article 4 of the Convention, despite objections from many States, of the provision which allows the formulation of declarations providing for the possibility of removal of human organs without permission of a living donor. The Russian Federation considers indent 2 of Article 4 of the Convention as a digression from the high standards of the Council of Europe in the field of protection of human rights which significantly undermines the regime of combating the inhuman crimes covered by the Convention, and hopes that the States acceding to the Convention shall refrain from making such declarations.

Articles concerned: 4

Slovenia

Reservation contained in a Note verbale from the Ministry of Foreign Affairs of Slovenia, dated 15 April 2022, deposited simultaneously with the instrument of ratification on 3 May 2022 — Or. Engl.

In accordance with paragraph 2 of Article 4 of the Convention, the Republic of Slovenia declares that it reserves the right not to apply paragraph 1.a of Article 4 of the Convention to the removal of human organs from living donors, in exceptional cases and in accordance with appropriate safeguards or consent provisions under its domestic law.

The above exception applies to cases where, in accordance with domestic law, consent to donation in the case of the living donor is given by a legal representative instead of the donor, namely for a person under 18 years of age or a person who is incapable of judgement (paragraph 6 of Article 8 of the Act Regulating the Obtaining and Transplantation of Human Body Parts for the Purposes of Medical Treatment, Official Gazette of the Republic of Slovenia, Nos. 56/15 and 186/21 — KZ-1I).

Period covered: 01/09/2022

Articles concerned: 4

Reservation contained in a Note verbale from the Ministry of Foreign Affairs of Slovenia, dated 15 April 2022, deposited simultaneously with the instrument of ratification on 3 May 2022 — Or. Engl.

In accordance with paragraph 3 of Article 10 of the Convention, the Republic of Slovenia declares that it reserves the right not to apply the jurisdiction rules laid down in paragraph 1.e of Article 10 of the Convention.

Period covered: 01/09/2022

Articles concerned: 10

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Slovenia, dated 15 April 2022, deposited simultaneously with the instrument of ratification on 3 May 2022 — Or. Engl.

In accordance with Article 22.b of the Convention, the Republic of Slovenia declares that the national contact point responsible for carrying out the tasks referred to in Article 22 of the Convention is the Institute of the Republic of Slovenia for the Transplantation of Organs and Tissues, Slovenija-transplant.

Period covered: 01/09/2022

Articles concerned: 22

Spain

Reservation contained in the instrument of ratification deposited on 15 December 2020 — Or. Fr./Sp.

Spain declares that it reserves the right not to apply the jurisdiction rules laid down in paragraph 1.e of Article 10 of the Convention.

Period covered: 01/04/2021 -

Articles concerned: 10

Declaration contained in a Note Verbale from the Permanent Representation of Spain, dated 3 May 2017, registered at the Secretariat General on 5 May 2017 — Or. Fr., confirmed in the instrument of ratification and in a Note verbale from the Permanent Representation of Spain, dated 10 December 2020, deposited simultaneously on 15 December 2020 — Or. Fr./Spa.

The Permanent Representation of the Kingdom of Spain has the honour to communicate that if the Council of Europe Convention against Trafficking in Human Organs (CETS No. 216) were to be ratified by the United-Kingdom and extended 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 of which the mentioned non-autonomous territory is dependent.

3. As a result, any participation of the Gibraltarian authorities in the application of this Convention 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.

4. The procedure foreseen 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 Council of Europe Convention against Trafficking in Human Organs.

5. The application of the Convention to Gibraltar should not be interpreted as an acknowledgment 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 the United Kingdom.

Period covered: 01/04/2021 -

Articles concerned: -

Switzerland

Declaration contained in the instrument of ratification deposited on 21 October 2020 — Or. Fr.

Switzerland declares that the Office fédéral de la Santé publique is the national contact point responsible within the meaning of Article 22.b of the Convention.

Period covered: 21/10/2020 -

Articles concerned: 22

United Kingdom

Reservation contained in a Note verbale from the Permanent Representation of the United Kingdom, handed over to the Secretary General of the Council of Europe at the time of signature of the instrument, on 25 March 2015 — Or. Engl.

In accordance with the provisions of paragraph 3 of Article 10 and paragraph 1 of Article 30 of the Convention, the Government of the United Kingdom reserves the right not to apply the jurisdiction rules laid down in paragraph 1.d and e of Article 10 of the Convention.

Articles concerned: 30, 10