Reservations and Declarations for Treaty No.193 - European Convention for the Protection of Animals during International Transport (Revised)

Declarations in force as of today
Status as of 19/04/2021

European Union

Objection contained in a letter from the Head of the European Union Delegation to the Council of Europe, dated 7 February 2020, registered at the Secretariat General on 7 February 2020 - Or. Engl.

The EU has examined the Declaration made by the Republic of Turkey upon its ratification of the European Convention for the Protection of Animals During International Transport (revised). The EU regrets the Declaration made by Turkey and terminology used therein and considers such a Declaration to be null and void.

Cyprus is a member of the Council of Europe and the European Union. The EU reconfirms its well-known position, as expressed in the Objection registered on 16 May 2019 regarding the European Convention for the Protection of Animals kept for Farming Purposes. The EU has also as expressed this position in the Declaration of 21 September 2005 by the European Community and its Member States: The Republic of Cyprus became a member state of the European Union on 1 May 2004 and the EU recognises only the Republic of Cyprus as a subject of international law.

The EU remains fully committed to a comprehensive settlement of the Cyprus question and to supporting the efforts of the UN Secretary General to bring about a comprehensive settlement in line with relevant UN Security Council resolutions and the principles on which the EU is founded (1)


(1) : This language is based on paragraph 7 of the Declaration of 21 September 2005 by the European Community and its member States.
Period covered: 07/02/2020 -
Articles concerned : -

Communication contained in a Note verbale from the Council of the European Union and the Commission of the European Communities, dated 27 November 2009, registered at the Secretariat General on 30 November 2009 – Or. Engl./Fr.

The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community will enter into force on 1 December 2009.

As a consequence, as from that date, the European Union will replace and succeed the European Community (Article 1, third paragraph, of the Treaty on European Union as it results from the amendments introduced by the Treaty of Lisbon).

Therefore, as from that date, the European Union will exercise all rights and assume all obligations of the European Community, including its status in the Organisation, whilst continuing to exercise existing rights and assume obligations of the European Union.

In particular, as from that date, the European Union will succeed to all agreements concluded and all commitments made by the European Community with your Organisation and to all agreements or commitments adopted within your Organisation and binding on the European Community.

[Note by the Secretariat : As from 1 December 2009, any reference to "the European Economic Community", "the European Community" or "the European Communities" contained in the text of the treaties and agreements concluded within the Council of Europe shall be read as "the European Union". The website of the Treaty Office has been modified accordingly, and a Note by the Secretariat will be added to the texts of the treaties concerned.]
Period covered: 01/12/2009 -
Articles concerned : -


Cyprus

Objection contained in a Note Verbale from the Permanent Representation of Cyprus, dated 3 September 2019, registered at the Secretariat General on 13 September 2019 - Or. Engl.

The Republic of Cyprus has examined the Declaration deposited by the Republic of Turkey on 7 February 2019, upon ratification of the European Convention for the Protection of Animals during International Transport (Revised) of 6 November 2003 (ETS No.193) and notes with regret that such a declaration is inconsistent with international law and contradicts, inter alia, the binding UN Security Council Resolutions on Cyprus.

In the view of the Republic of Cyprus, the content and purported effect of this Declaration renders it tantamount to a reservation contrary to the object and purpose of the Convention. By means of such a Declaration, the Republic of Turkey purports to evade its obligations under the Convention vis-a-vis an equal and sovereign State Party, namely the Republic of Cyprus, a member state of the United Nations, the European Union, the Council of Europe and other international organizations. Indeed, the Declaration prevents the realization of cooperation between States Parties provided by the Convention.

The Republic of Cyprus, therefore, strongly rejects the aforesaid Declaration made by the Republic of Turkey and considers it null and void. The aforementioned objection of the Republic of Cyprus shall not preclude the entry into force of the Convention, in its entirety, between the Republic of Cyprus and the Republic of Turkey.
Period covered: 12/09/2019 -
Articles concerned : 5


Greece

Objection contained in a Note Verbale from the Permanent Representation of Greece, dated 25 September 2019, registered at the Secretariat General on 17 October 2019 - Or. Engl.

The Government of the Hellenic Republic has examined the declaration made by the Republic of Turkey upon ratification, on 7 February 2019, of the European Convention for the Protection of Animals during International Transport (Revised).

The Republic of Turkey, inter alia, declares its ratification of the Convention should not imply any obligation on the part of Turkey to enter into any dealing with the Republic of Cyprus within the framework of the said Convention.

The Government of the Hellenic Republic reiterates its view that the above Declaration amounts to a reservation, as it purports to exclude the application of the Convention in its entirety between Turkey and the Republic of Cyprus, thus defeating the object and purpose of the said Convention.

The Government of the Hellenic Republic, therefore, objects to the declaration made by the Republic of Turkey upon ratification of the Convention.

This objection shall not preclude the entry into force of the Convention between the Hellenic Republic and the Republic of Turkey.
Period covered: 17/10/2019 -
Articles concerned : -


Luxembourg

Declaration contained in a letter from the Minister of Foreign Affairs of Luxembourg, dated 28 April 2005, deposited with the instrument of ratification of the Revised Convention on 2 May 2005 - Or. Fr.

In accordance with Article 37 of the European Convention for the Protection of Animals during International Transport (Revised), the Grand Duchy of Luxembourg will continue to apply the Convention of 1968 as amended by its Additional Protocol of 1979 until the entry into force of the revised Convention.
Period covered: 02/05/2005 -
Articles concerned : 37


Netherlands

Declaration contained in the instrument of acceptance deposited on 7 February 2008 - Or. Engl.

The Kingdom of the Netherlands accepts the Convention for the Kingdom in Europe.
Period covered: 08/08/2008 -
Articles concerned : 39

Declaration contained in a Note verbale from the Permanent Representation of the Netherlands, dated 5 February 2008, deposited with the instrument of acceptance on 7 February 2008 - Or. Engl.

In accordance with Article 36, paragraph 1, of the Convention, the Netherlands declare that the central authorities who are responsible in case of disputes regarding the interpretation or implementation of the provisions of the Convention are :

Under Article 1, paragraph 2, of the Convention :

Ministerie van Landbouw, Natuur en Voedselkwaliteit
(Ministry of Agriculture, Nature and Food Quality)
Bezuidenhoutseweg 73
P.O. Box 20401
2500 EK The Hague

Under the following articles of the Convention :
Article 5, paragraph 1, sub-paragraphs a and b,
Article 7, paragraph 4,
Article 9, paragraph 2, sub-paragraph a, and paragraph 3,
Article 28, paragraph 1 :

De Voedsel en Waren Autoriteit
(Food and Consumer Product Safety Authority)
Prinses Beatrixlaan 2
2595 AL The Hague
P.O. Box 19506
2500 CM The Hague

Under Article 5, paragraph 1, sub-paragraph a, and Article 7, paragraph 4, of the Convention :

De Algemene inspectiedienst(General Inspection Service)
P.O. Box 234
6460 AE Kerkrade
Period covered: 08/08/2008 -
Articles concerned : 36


Norway

Declaration contained in the instrument of ratification deposited on 2 March 2004 – Or. Engl.

In accordance with Article 37 of the European Convention for the Protection of Animals during International Transport (Revised), Norway will continue to apply the Convention of 1968 as amended by its Additional Protocol of 1979 until the entry into force of the revised Convention.
Articles concerned : 37


Sweden

Declaration contained in the instrument of ratification deposited on 6 November 2003 - Or. Engl.

In accordance with Article 37, paragraph 4, of the Convention, Sweden will continue to apply the Convention of 1968 as amended by its Additional Protocol of 1979 until the entry into force of the revised Convention.
Articles concerned : 37


Switzerland

Declaration contained in a Note from the Federal Department of Foreign Affairs of Switzerland deposited with the instrument of ratification of the Revised Convention (ETS No. 193), on 23 September 2005 – Or. Fr.

In accordance with Article 37 of the European Convention for the Protection of Animals during International Transport (Revised), Switzerland will continue to apply the Convention of 1968 as amended by its Additional Protocol of 1979 until the entry into force of the revised Convention if the denunciation of the 1968 Convention is not effective at the time of entry into force of the revised Convention.
Period covered: 24/03/2006 -
Articles concerned : 37


Turkey

Reservation contained in the instrument of ratification deposited on 7 February 2019 – Or. Engl.

The Republic of Turkey reserves the right not to apply the provisions of Article 8, paragraph 1, of the Convention, in respect of railway transportation.
Period covered: 08/08/2019 -
Articles concerned : 8

Declaration contained in the instrument of ratification deposited on 7 February 2019 – Or. Engl.

The Republic of Turkey declares that she shall give priority to the provisions of the Live Animals Regulations of the International Air Transport Association-Live Animals Regulations (IATA LAR) in respect of Article 30, paragraphs 4 and 5, of the Convention.
Period covered: 08/08/2019 -
Articles concerned : 30

Declaration contained in the instrument of ratification deposited on 7 February 2019 – Or. Engl.

Turkey declares that its ratification of the European Convention for the Protection of Animals during International Transport (Revised) (ETS No. 193) neither amounts to any form of recognition of the Greek Cypriot Administration’s pretention to represent the defunct “Republic of Cyprus” as Party to that Convention, nor should it imply any obligation on the part of Turkey to enter into dealing with the so-called Republic of Cyprus within the framework of the said Convention.
Period covered: 08/08/2019 -
Articles concerned : -


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