Reservations and Declarations for Treaty No.034 - European Agreement on the Protection of Television Broadcasts

Declarations in force as of today
Status as of 20/10/2019

Belgium

Reservation contained in a letter from the Ministry of Foreign Affairs of Belgium, dated 17 April 1968, registered at the Secretariat General on 19 April 1968 - Or. Fr.

The Belgian Government withhold the protection against the diffusion of television broadcasts to the public by wire, provided for in Article 1, paragraph 1.b of the Agreement, in respect of broadcasting organisations constituted in or transmitting from Belgian territory.

The exercise of the above-mentioned protection is restricted, in respect of the broadcasts of any broadcasting organisations constituted or transmitting outside Belgian territory, to 50 per cent of the average weekly duration of the transmissions of such organisations.
Period covered: 08/03/1968 -
Articles concerned : 3

Reservation contained in a letter from the Ministry of Foreign Affairs of Belgium, dated 17 April 1968, registered at the Secretariat General on 19 April 1968 - Or. Fr.

The protection against the communication of television broadcasts to the public by means of any instrument for the transmission of signs, sounds or images, provided for in Article 1, paragraph 1.c of the Agreement, is restricted to cases where such communication is in places accessible to the public on payment of an entry charge.
Period covered: 08/03/1968 -
Articles concerned : 3

Reservation contained in a letter from the Ministry of Foreign Affairs of Belgium, dated 17 April 1968, registered at the Secretariat General on 19 April 1968 - Or. Fr.

The Belgian Government withhold the protection against any fixation of television broadcasts or still photograph thereof and any reproduction of such fixation, provided for in Article 1, paragraph 1.d of the Agreement, where the fixation or reproduction of the fixation is made for private use, or solely for educational purposes.
Period covered: 08/03/1968 -
Articles concerned : 3

Declaration contained in a letter from the Ministry of Foreign Affairs of Belgium, dated 17 April 1968, registered at the Secretariat General on 19 April 1968 - Or. Fr.

The Belgian Government, in respect of Belgian territory, intend to make an exception to the protection of television broadcasts for the purpose of reporting current events, in respect of the re-broadcasting, fixation or reproduction of the fixation, wire diffusion or public performance of short extracts from a broadcast which itself constitutes the whole or part of the event in question.
Period covered: 08/03/1968 -
Articles concerned : 3


Denmark

Reservation contained in a letter from the Permanent Representative of Denmark, dated 3 November 1961, registered at the Secretariat General on 6 November 1961 - Or. Engl.

On October 26, 1961, I placed in your hands the instrument of ratification of the European Agreement on the Protection of Television Broadcasts.

The Danish Government feel that certain reservations should be taken in connection with the ratification of the said Agreement before it enters into force one month after the date of deposit.

Consequently, I now have the honour to inform you that the Danish ratification is subject to the following reservations provided for in sub-paragraphs b, c and f of paragraph 1 of Article 3 and made in accordance with the provisions of Article 10 of the said Agreement:

1. The Danish Government withhold the protection provided for in sub-paragraph c of paragraph 1 of Article 1 of the said Agreement where the communication is not to a paying audience within the meaning of the domestic law of Denmark;

2. The Danish Government withhold the protection provided for in sub-paragraph d of paragraph 1 of Article 1 of the said Agreement where the fixation or reproduction of the fixation is made for private use or solely for educational purposes;

3. The Danish Government restrict the operation of the said Agreement to broadcasting organisations constituted in the territory and under the laws of a Party to the said Agreement and also transmitting from the territory of such Party.
Period covered: 27/11/1961 -
Articles concerned : 3


Germany

Reservation made at the time of deposit of the instrument of ratification, on 8 September 1967 - Or. Fr.

In accordance with Article 10 of the European Agreement on the protection of television broadcasts, the Federal Republic of Germany intends to avail itself of the reservations provided for in Article 3, paragraph 1, sub-paragraphs b and c, and sub-paragraph e as amended by Article 2, paragraph 2 of the Protocol to the said Agreement.
Period covered: 09/10/1967 -
Articles concerned : 3


Netherlands

Reservation made at the time of signature, on 7 October 1964 - Or. Engl.

Signature affixed subject to the reservations referred to in Article 3, paragraph 1, sub-paragraphs a, b and c formulated in the manner specified in Article 10 of the Agreement;
Articles concerned : 3

Declaration made at the time of signature, on 7 October 1964 - Or. Engl.

The Government of the Kingdom of the Netherlands interprets the word "signature" in the first line of Article 10 as meaning only the signature, without any reservation in respect of ratification;
Articles concerned : 10

Declaration made at the time of signature, on 7 October 1964 - Or. Engl.

In their application to the Kingdom of the Netherlands, the words "metropolitan territories" in Article 12, paragraph 1 of the Agreement no longer have their original sense but shall be deemed to signify "European Territory" in view of the equality existing in public law between the Netherlands, Surinam and the Netherlands West Indies.

[Note by the Secretariat: The Convention no longer applies to surinam since this territory became independent on 25 November 1975.]
Articles concerned : 12


Norway

Reservation made at the time of signature, on 29 June 1965, and confirmed in the instrument of ratification, deposited on 9 July 1968 - Or. Engl.

The Norwegian Government intends to avail itself of the reservations provided in sub-paragraphs b and c of paragraph 1 of Article 3 of the said Agreement.
Period covered: 10/08/1968 -
Articles concerned : 3


Spain

Reservation contained in the instrument of accession, deposited on 22 September 1971 - Or. Fr.

In accordance with the provisions of Article 10 of the Agreement, the Spanish Government intends to use all the options provided for in Article 3, paragraph 1.
Period covered: 23/10/1971 -
Articles concerned : 3


Sweden

Declaration made at the time of deposit of the instrument of ratification, on 31 May 1961 - Or. Engl.

This ratification shall take effect as from 1st July 1961.
Period covered: 01/07/1961 -
Articles concerned : 8

Declaration contained in a letter from the Permanent Representative of Sweden, dated 27 June 1986, registered at the Secretariat General on 30 June 1986 - Or. Engl.

Sweden withdraws its reservation made pursuant to article 3.1.f with effect as of 1 July 1986.

[Note by the Secretariat : as from 1 July 1986, the declaration read as follows: "In accordance with Article 10 of this Agreement, the Swedish Government has availed itself of reservations b and c provided for in paragraph 1 of Article 3."]
Period covered: 01/07/1986 -
Articles concerned : 3


Turkey

Reservation contained in a letter from the Permanent Representative of Turkey, dated 19 December 1975, handed to the Secretary General at the time of deposit of the instrument of ratification, on the same day - Or. Engl./Fr.

The Government of Turkey, while ratifying the European Agreement on the Protection of Television Broadcasts, declares that it does not consider itself bound to carry out the provisions of the said Agreement in relation to the Greek Cypriot Administration, which is not constitutionally entitled to represent alone the Republic of Cyprus.

[Note by the Secretariat: The Notification of the above reservation mentioned the Decision taken by the Committee of Ministers in February 1976, at the 254th meeting of the Ministers' Deputies, which reads as follows :

"The Deputies,
In the light of the foregoing discussion, and referring solely to the procedural aspects of the deposit of the seven instruments of ratification,
Considered that the Secretary General should proceed, with effect from 19 December 1975 to the registration of these instruments of ratification as presented by the Permanent Representative of Turkey by letters dated 19 December 1975 and notify the Governments of member States thereof, it being understood that the registration of reservations by the Secretary General has no effect on their validity.
The above decision will in no way affect the position of the Government of the Republic of Cyprus in the Committee of Ministers of the Council of Europe."]

Period covered: 20/01/1976 -
Articles concerned : -


United Kingdom

Declaration made at the time of signature, on 13 July 1960 - Or. Engl.

Her Majesty's Government understand the word "signature" in the first line of Article 10 to refer only to signature without reservation as to ratification.
Articles concerned : 10

Reservation contained in a letter from the Permanent Representative of the United Kingdom, dated 13 July 1960, handed to the Secretary General at the time of signature on the same day - Or. Engl.

On signing the European Agreement on the Protection of Television Broadcasts on behalf of the Government of the United Kingdom of Great Britain and Northern Ireland, I have the honour to state that Her Majesty's Government, in accordance with the provisions of Article 10 of the said Agreement, intend at the time of depositing their instrument of ratification to avail themselves of one or more of the options provided for in paragraph 1 of Article 3 of the Agreement.
Articles concerned : 3

Reservation contained in the instrument of ratification, deposited on 9th March 1961 - Or. Engl.

Now therefore the Government of the United Kingdom of Great Britain and Northern Ireland, having considered the Agreement aforesaid, hereby confirm and ratify the same and undertake to perform and carry out all the stipulations therein contained, subject to the following reservations provided for in sub-paragraphs a, b, c, d and f of paragraph 1 of Article 3 and made in accordance with the provisions of Article 10 of the said Agreement:

1. The Government of the United Kingdom of Great Britain and Northern Ireland withhold the protection provided for in sub-paragraph b of paragraph 1 of Article 1 of the said Agreement;

2. The Government of the United Kingdom of Great Britain and Northern Ireland withhold the protection provided for in sub-paragraph c of paragraph 1 of Article 1 of the said Agreement, where the communication is not to a paying audience within the meaning of the domestic law of the United Kingdom of Great Britain and Northern Ireland;

3. The Government of the United Kingdom of Great Britain and Northern Ireland withhold the protection provided for in sub-paragraph d of paragraph 1 of Article 1 of the said Agreement, where the fixation or reproduction of the fixation is made for private use or solely for educational purposes;

4. The Government of the United Kingdom of Great Britain and Northern Ireland withhold the protection provided for in sub-paragraphs d and e of paragraph 1 of Article 1 of the said Agreement, in respect of still photographs or reproductions of such photographs;

5. The Government of the United Kingdom of Great Britain and Northern Ireland restrict the operation of the said Agreement to broadcasting organisations constituted in the territory and under the laws of a Party to the said Agreement and also transmitting from the territory of such party.
Period covered: 01/07/1961 -
Articles concerned : 3


Source : Treaty Office on http://conventions.coe.int - * Disclaimer.