LODGED BY THE KINGDOM OF SPAIN UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION
AND SUBSEQUENT DECLARATIONS
Declaration pursuant to Article 39(1)(a):
Pursuant to Article 39 (1) (a) of the Convention, the Kingdom of Spain declares that all categories of non-consensual rights or interests which under Spanish law have and will in the future have priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest, whether in or outside insolvency proceedings, and whether it was registered before or after the accession of the Kingdom of Spain. *
Declaration pursuant to Article 39(1)(b):
Pursuant to Article 39 (1) (b) of the Convention, the Kingdom of Spain declares that nothing in the Convention shall affect the its right or that of any entity thereof, any international organisation in which the Kingdom of Spain is a Party, or other private provider of public services in the Kingdom of Spain to arrest or detain an object under the Spanish law for payment of amounts owed to the Kingdom of Spain or any of the aforementioned entities, such organisation or provider directly relating to those services in respect of that object or another object.*
Declaration pursuant to Article 40:
The Kingdom of Spain declares that the following categories of non-consensual right or interest:
a) rights of a person obtaining court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment,
b) liens or other rights of a State entity relating to taxes or other unpaid charges
shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.*
Declaration pursuant to Article 53:
The Kingdom of Spain declares that the all courts and competent authorities in accordance with the laws of the Kingdom of Spain will be the relevant courts for the purposes of Article 1 and Chapter XII of the Convention.*
* [These declarations were notified to UNIDROIT by the Government of the Kingdom of Spain, as subsequent declarations pursuant to Article 57(1) of the Convention, on 27 November 2015, and in accordance with Article 57(2) of the Convention took effect on 1 June 2016.]
Pursuant to article 54.2 of the Convention, Spain declares that all remedies available to the creditor under the provisions of the Convention, the exercise of which is not subordinated by virtue of such provisions to a petition to the court, may be exercised only with leave of the court.
In the event that this Convention on International Interests in Mobile Equipment were to be applied to Gibraltar, Spain wishes to make the following declaration:
1. Gibraltar is a non‐autonomous territory for the international relations of which the United Kingdom is responsible 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 are of a local nature and exercise exclusively internal competences which have their origin and their foundation in the 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, should the Gibraltarian authorities participate in the application of this Convention it will be understood as effected exclusively within the scope of the internal competences of Gibraltar, and it cannot be considered to produce any change whatsoever in relation with what was established in the two preceding paragraphs.
4. The procedure established by the regime relating to Gibraltar authorities in the context of certain international treaties agreed upon by Spain and the United Kingdom on 19 December 2007 is applicable to this agreement.
5. The application to Gibraltar of the present Convention cannot be interpreted as recognition of any rights or situations involving matters not included in Article 10 of the Treaty of Utrecht of 13 July 1713, signed by the crowns of Spain and Great Britain.
* The original version of these declarations was submitted in Spanish. This version of the declarations is a translation prepared by the UNIDROIT Secretariat.