D

DECLARATIONS LODGED BY THE KINGDOM OF SPAIN UNDER THE RAIL PROTOCOL AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF RAFITICATION

DECLARATIONS
LODGED BY THE KINDGOM OF SPAIN UNDER THE RAIL PROTOCOL AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF RATIFICATION

 

I. Declaration pursuant to Article XIII

The “Registro de Bienes Muebles” will be the entry point which will authorise the transmission to the International Registry of the information required for the registration of international interests in railway rolling stock, as well as notices of national interests, other than those arising under the laws of other States .

 

II. Declaration pursuant to Article XIV (2 and 3)

With regard to the identification of rolling stock, Spain ratifies the vehicle numbering system adopted by the European Union in Commission Decision 2006/920/EC, as amended by Decision 2012/757/EU of 14 November 2012, and the data exchange system provided for in Commission Decision 2007/756/EC, as amended on 14 November 2012 by Decision 2012/757/EU.

 

III. Declaration pursuant to Article XXV
Spain will continue to apply its existing legal norms in relation to railway rolling stock habitually used for public service.

 

IV. Declaration pursuant to Article 60(1) of the Convention in terms of Article XXVI of the Rail Protocol and for the purposes of rail rolling stock only
The Kingdom of Spain declares that the Convention shall apply to pre-existing rights or interests on railway rolling stock, for the purpose of determining priority, on the day following the third anniversary of the date on which this declaration becomes effective.

 

V. Declaration pursuant to Article XXIV

In the event that this Luxembourg Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Railway Rolling Stock 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 Protocol 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 the Kingdom of Spain and the United Kingdom on 19 December 2007 is applicable to this agreement.

5. The application to Gibraltar of the present Protocol 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.