SCHEDULE 2EXCHANGE OF NOTES BETWEEN THE GOVERMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE KINGDOM OF SPAIN PROVIDING FOR THE EXTENSION OF THE EXTRADITION TREATY SIGNED ON 22nd JULY 1985

NO. 2HER MAJESTY'S AMBASSADOR AT MADRID TO THE MINISTER FOR FOREIGH AFFAIRS OF THE KINGDOM OF SPAIN

British Embassy

Madrid

1st February 1991

Excmo Sr D Francisco Fernández Ordónez

Ministro de Asuntos Exteriores

Ministerio de Asuntos Exteriores

Plaza de la Provincia 1

28012 MADRID

Your Excellancy

I have the honour to acknowledge receipt of your Note 1 February 1991 which in translation reads as follows:

I have the honour to refer to the discussions I had with the Secretary of State for Foreign and Commonwealth Affairs of the United Kingdom of Great Britain and Northern Ireland in Madrid on 26 February 1990, in which it was decided that the Extradition Treaty between our two countries should extend to Gibraltar.

This arrangement and any activity or measure undertaken in applying it or as consequence of it is understood to be without prejudice to the legal position of the Kingdom of Spain with regard to the dispute over sovereignty over the Isthmus.

I have the honour to propose that this Note together with Your Excellancy’s reply shall constitute an Agreement between our two Governments, that the Extradition Treaty between our two countries signed at London on 22 July 1985 shall, in accordance with Article 21(1)(a)(ii), extend to Gibraltar. This agreement shall enter into force when each Government has notified the other of the completion of its internal procedures to give effect to it.

I avail myself of this opportunity to renew to Your Excellancy the assurance of my highest consideration.

In reply, I have the honour to confirm that the terms and conditions set out in your Note are acceptable to the Government of the United Kingdom of Great Britain and Northern Ireland, and that your Note, together with this reply, shall constitute an Agreement between our two Governments, which shall enter into force when each Government has notified the other of the completion of its internal procedures to give effect to it.

I avail myself of this opportunity to renew to Your Excellancy the assurance of my highest consideration.

Robin Fearn