(Unless otherwise indicated, the declarations were made upon
ratification, acceptance, approval, accession or succession.)
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Bahrain16 Declaration:
[See under chapter XXVII.2.] |
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European Union
European Union Upon signature:
"In the light of article 2.8 of the Protocol, the Community wishes to state that its signature takes place on the assumption that all its member states will take the necessary steps to adhere to the Convention and to conclude the Protocol." 23 May 1989
[See under chapter XXVII.2.]
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Holy See
Holy See Declaration:
“In acceding to the Vienna Convention on the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer, as well as its four Amendments: London (1990), Copenhagen (1992), Montreal (1997) and Beijing (1999), the Holy See desires to encourage the entire International Community to be resolute in promoting authentic cooperation between politics, science and economics. Such cooperation, as has been shown in the case of the ozone regime, can achieve important outcomes, which make it simultaneously possible to safeguard creation, to promote integral human development and to care for the common good, in a spirit of responsible solidarity and with profound positive repercussions for present and future generations.
In conformity with its own nature and with the particular character of Vatican City State, the Holy See, by means of the solemn act of accession, intends to give its own moral support to the commitment of States to the correct and effective implementation of the Treaties in question and to the attaining of the mentioned objectives. To this end, it expresses the wish that by recognizing ‘the signs of [an economic growth] that has not always been able to protect the delicate balances of nature’ (Homily of Pope Benedict XVI at Loreto, 2 September 2007), all actors will intensify the aforesaid cooperation and strengthen ‘the alliance between man and the environment, which must mirror the creative love of God, from whom we come and to whom we are bound’(Benedict XVI, After the Angelus, 16 September 2007).” |
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End Note
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1. For the purpose of entry into force of the [Convention/Protocol] , any instrument of ratification, acceptance, approval or accession deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of that Organization.
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2. On 27 May 1992, the Government of Singapore notified the Secretary-General, in accordance with article 10 (2) ( b ) of the Vienna Convention for the Protection of the Ozone Layer, of the following:
"Singapore is still in the process of evaluating the feasibility of imposing controls on all the products listed in Annex D. In the interim, Singapore can only approve the intention to ban import of the following:
(a) All products classified under item 2 of Annex D except domestic refrigerators and freezers; and
(b) All products classified under item 3 of Annex D."
Consequently, on the expiry of six months from the date of its circulation, i.e., 27 May 1992, in accordance with the provisions of article 10 (2) ( c ) of the Vienna Convention, Annex D became effective in its entirety for all Parties to the Montreal Protocol, with the exception of Singapore, for which the Annex became effective only with respect of the products described above.
Subsequently, on 20 April 1993, the Government of Singapore in- formed the Secretary-General that "the Republic of Singapore is now in a position to approve the full list of products under Annex D... with immediate effect."
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3. The former Yugoslavia had acceeded to the Protocol on 3 January 1991. See also note 1 under “Bosnia and Herzegovina”, “Croatia”, “former Yugoslavia”, “Slovenia”, “The Former Yugoslav Republic of Macedonia” and “Yugoslavia” in the “Historical Information” section in the front matter of this volume.
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4. On 6 and 10 June 1997, the Secretary-General received communications concerning the status of Hong Kong from the Governments of the United Kingdom and China (see also note 2 under “China” and note 2 under “United Kingdom of Great Britain and Northern Ireland” regarding Hong Kong in the “Historical Information” section in the front matter of this volume). Upon resuming the exercise of sovereignty over Hong Kong, China notified the Secretary-General that the Convention with the reservation made by China will also apply to the Hong Kong Special Administrative Region.
In addition, the notification made by the Government of China contained the following declaration:
Provisions of article 5 of the [said Protocol] will not be applied to the Hong Kong Special Region.
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5. On 19 October 1999, the Secretary-General received from the Government of China, the following communication:
In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau (hereinafter referred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999. Macau will, from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defense affairs which are the responsibilities of the Central People's Government of the People's Republic of China.
In this connection, [the Government of the People's Republic of China informs the Secretary-General of the following:]
The Vienna Convention for the Protection of the Ozone Layer, which the Government of the People's Republic of China deposited the instrument of accession on 11 September 1989, as well as the Montreal Protocol on Substances that Deplete the Ozone Layer of 16 September 1987 and the Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer of 29 June 1990 (hereinafter referred to as the "Convention, the Protocol and the Amendment"), will apply to the Macau Special Administrative Region with effect from 20 December 1999. The Government of the People's Republic of China also wishes to make the following declaration:
Provisions of Article 5 of the Montreal Protocol on Substances that Deplete the Ozone Layer of 16 September 1987 will not be applied to the Macau Special Administrative Region, and provisions of paragraph 1 of Article 5 of the Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer of 29 June 1990 will not be applied to the Macau Special Administrative Region.
The Government of the People's Republic of China will assume responsibility for the international rights, and oligations arising from the application of the Convention, the Protocol and the Amendment to the Macau Special Administrative Region.
In reference to the communication made on 19 October 1999, the Government of China furthermore informs the Secretary-General of the following:
The above-mentioned declaration is solely to make the provisions of the Protocol that had previously applied to Macau continue to so apply to the Macau Special Administrative Region. The declaration is not purported to modify the obligations previously undertaken by Macau under the Protocol and is fully consistent with the objectives and purposes of the Protocol. In fact, the Chinese Government had made a statement of the same nature in the note of 6 June 1997 to the Secretary-General of the United Nations concerning the continuing application of the Protocol to the Hong Kong Special Administrative Region. The past two years and a half since Hong Kong's return to China saw a clear and full understanding on the part of the Parties to the Protocol of the approach adopted by the Chinese Government.
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6. Czechoslovakia had acceded to the Protocol on 1 October 1990. See also note 1 under “Czech Republic” and note 1 under “Slovakia” in the “Historical Information” section in the front matter of this volume.
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7. The decision, made on 20 December 1991, to reserve the application to Greenland and the Faroe Islands, was lifted by a notification received on 12 February 1997.
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8. The German Democratic Republic had acceded to the Protocol on 25 January 1989. See also note 2 under “Germany” in the “Historical Information” section in the front matter of this volume.
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9. See note 1 under “Germany” regarding Berlin (West) in the “Historical Information” section in the front matter of this volume.
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10. On 9 January 2020, the Secretary-General received a communication from the Government of Mauritius relating to the Chagos Archipelago.
See C.N.48.2020.TREATIES-XXVII.2.a of 31 January 2020 for the text of the above-mentioned communication.
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11. See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.
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12. For the Kingdom in Europe, the Netherlands Antilles and Aruba.
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13. Upon ratification the Government of New Zealand specified that the Protocol shall not apply to the Cook Islands and Niue.
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14. On 15 February 1994, the Secretary-General received from the Government of Portugal a notification to the effect that it shall extend the Protocol to Macau.
Subsequently, the Secretary-General received, on 21 October 1999, from the Government of Portugal, the following communication:
“In accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macau signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility for Macau until 19 December 1999 and from that date onwards the People's Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999.
From 20 December 1999 onwards the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention to Macau."
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15. In respect of the United Kingdom of Great Britain and Northern Ireland, the Bailiwick of Jersey, the Isle of Man, Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands (Malvinas), Gibraltar, Hong Kong (see also note 3 ) , Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, Saint Helena, Saint Helena Dependencies, South Georgia and the South Sandwich Islands, Turks and Caicos Islands.
In this regard, the Secretary-General received, from the Government of Argentina the following objection:
The Argentine Republic rejects the ratification of the above-mentioned Convention by the Government of the United Kingdom of Great Britain and Northern Ireland with respect to the Malvinas, South Georgia and South Sandwich Islands and reaffirms its sovereignty over those Islands, which form a part of its national territory.
The United Nations General Assembly has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12 and 39/6 in which it recognizes the existence of a sovereignty dispute concerning the question of the Malvinas and urges the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find as soon as possible a peaceful and definitive solution to the dispute and to their remaining differences relating to the question, through the good offices of the Secretary-General, who is to report to the General Assembly on the progress made. The United Nations General Assembly also adopted resolution 40/21 and 41/40, which again urge the two parties to resume the negotiations.
The Argentine Republic also rejects the ratification of the above-mentioned Convention by the Government of the United Kingdom of Great Britain and Northern Ireland with respect to what that country calls "British Antarctic Territory".
At the same time, it reaffirms its rights of sovereignty over the Argentine Antarctic Sector located between longitudes 25 o and 74 o W and latitude 60 o S and the South Pole, including its maritime spaces.
It is appropriate to recall, in this connection, the provisions concerning rights of or claims to territorial sovereignty in Antarctica contained in article IV of the Antarctic Treaty.
Further, upon ratification, the Government of Chile declared the following:
[Chile] rejects the declaration made by the United Kingdom of Great Britain and Northern Ireland upon ratification, as it concerns the Chilean Antarctic Territory, including the corresponding maritime zones: [Chile] reaffirms once more its sovereignty over the said territory including its maritime areas, as defined by Supreme Decree No. 1747 of 6 November 1940.
In this connection, the Secretary-General received, on 2 August 1990, from the Government of the United Kingdom, the following objection:
"The Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to British sovereignty over the British Antarctic Territory. In this respect, the Government of the United Kingdom would draw attention to the provisions of Article IV of the Antarctic Treaty of 1 December 1959, to which both Chile and the United Kingdom are parties.
For the above reasons, the Government of the United Kingdom reject the Chilean declaration."
In a communication received on 30 August 1990, the Government of the United Kingdom notified the Secretary-General that the Protocol shall extend to the Bailiwick of Guernsey for whose international relations the Government of the United Kingdom is responsible.
The Government of Mauritius, upon acceding to the Convention, made the following declaration:
"The Republic of Mauritius rejects the ratification of [the Protocol] effected by the Government of the United Kingdom of Great Britain and Northern Ireland on 16 December 1988 in respect of the British Indian Ocean Territory namely Chagos Archipelago and reaffirms its sovereignty over the Chagos Archipelago, which form an integral part of its national territory."
Subsequently, on 27 January 1993, the Secretary-General received from the Government of the United Kingdom of Great Britain and Northern Ireland the following communication with respect to the declaration made by the Government of Mauritius:
"The Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to British sovereignty over the British Indian Ocean Territory and their consequent right to extend the application of the [said] Convention and Protocol to it. Accordingly, the Government of the United Kingdom do not accept or regard as having any legal effect the declarations made by the Government of the Republic of Mauritius.
On 17 April 2015, the Secretary-General received from the Government of Spain the following communication relating to the territorial application by the United Kingdom of Great Britain and Northern Ireland to Gibraltar:
1. Gibraltar is a Non-Self-Governing Territory for whose international relations the Government of the United Kingdom is responsible and which is subject to a process of decolonization in accordance with the relevant decisions and resolutions of the General Assembly.
2. The authorities of Gibraltar are local in character, and exercise competences exclusively overinternal affairs that originate in and are based on the powers allocated to and conferred on them by the United Kingdom, in accordance with its domestic legislation and in its capacity as the sovereign State upon which depends the said Non-Self-Governing Territory.
3. Consequently, any involvement by the Gibraltarian authorities in the implementation of this Protocol shall be understood to take place exclusively within the framework of the internal affairs of Gibraltar and shall not be considered to affect in any way the content of the two preceding paragraphs.
4. The procedure envisaged in the "Arrangements relating to Gibraltar authorities in the context of certain international treaties (2007)", which were agreed to by Spain and the United Kingdom on 19 December 2007 together with "Agreed Arrangements relating to Gibraltar authorities in the context of European Union and European Community Instruments and Related Treaties" of 19 April 2000 applies to the present Protocol.
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.
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16. On 8 July 2021, the Government of Bahrain notified the Secretary-General of its withdrawal of the following declaration made upon accession:
"The accession by the State of Bahrain to the said Protocol shall in no way constitute recognition of Israel or be a cause for the establishment of any relations of any kind therewith."
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