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Download XMLConvention on the protection and promotion of the diversity of cultural expressions
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Argentina | Yes | No |
| Australia | Yes | No |
| Azerbaijan | Yes | No |
| Chile | Yes | No |
| Denmark | Yes | No |
| EU (European Union) | Yes | No |
| Indonesia | Yes | No |
| Mexico | Yes | No |
| Netherlands, the Kingdom of the | Yes | No |
| New Zealand | Yes | No |
| Türkiye | Yes | No |
| United Arab Emirates | Yes | No |
| Vietnam | Yes | No |
Argentina
07-05-2008
The Argentine Republic considers that Article 27, paragraph 2, of the Convention is not applicable in respect of territories that are the subject of a sovereignty dispute recognized by the General Assembly of the United Nations between two States Parties to the Convention.
Australia
18-09-2009
Declaration in respect of Article 16:
Australia declares that it considers that the obligation in Article 16 on developed
countries to ‘facilitate cultural exchanges with developing countries by granting,
through the appropriate institutional and legal frameworks, preferential treatment
to artists and other cultural professionals and practitioners as well as cultural
goods and services from developing countries’ is not intended to affect the content
or interpretation of domestic legislation, regulations, rules or criteria relating
to eligibility for immigration visas or permits, or the exercise of discretion under
legislation or regulations or in respect of rules or criteria.
Reservation with regard to Article 20(1) (a) and (b):
The Convention shall be interpreted and applied in a manner that is consistent with
the rights and obligations of Australia under any other treaties to which it is a
party, including the Marrakesh Agreement Establishing the World Trade Organization.
This Convention shall not prejudice the ability of Australia to freely negotiate rights
and obligations in other current or future treaty negotiations.
Azerbaijan
15-02-2010
The Republic of Azerbaijan declares that in accordance with Article 25, paragraph
4 of the Convention, it does not recognize the conciliation procedure set out in Article
25, paragraph 3 of the Convention.
The Republic of Azerbaijan declares that it is unable to guarantee implementation
of the provisions of the Convention in its territories occupied by the Republic of
Armenia (the Nagorno Karabakh region of the Republic of Azerbaijan and its seven districts
surrounding that region), until the liberation of those territories from the occupation
and complete elimination of the consequences of that occupation (the schematic map
of the occupied territories of the Republic of Azerbaijan is enclosed).
The occupying power - the Republic of Armenia shall bear all responsibility for destroying
cultural expressions in the occupied territories of the Republic of Azerbaijan as
from the date of the occupation until the liberation of those territories from the
occupation and complete elimination of the consequences of that occupation.
Chile
13-03-2007
The Republic of Chile expresses a reservation with regard to the provisions of Article 25, paragraph 3, concerning the settlement of disputes and the Annex to the Convention. It hereby declares, in accordance with Article 25, paragraph 4, that it does not recognize the conciliation procedure laid down therein, which it considers to be inapplicable in its respect.
Denmark
18-12-2006
Until otherwise decided, the Convention will not apply to the Faroe Islands and Greenland.
EU (European Union)
18-12-2006
Declaration of the European Community in application of Article 27(3)(c) of the Convention
on the Protection and Promotion of the Diversity of Cultural Expressions.
The current members of the European Community are the Kingdom of Belgium, the Czech
Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of
Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland,
the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic
of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic
of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of
Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the
Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain
and Northern Ireland.
This Declaration indicates the competences transferred to the Community by the Member
States under the Treaties, in the areas covered by the Convention.
The Community has exclusive competence for the common commercial policy (Articles
131-134 of the Treaty), except for the commercial aspects of intellectual property
and trade in services in those areas set out in Article 133 (5) and (6) of the Treaty
(in particular, in this context, trade in cultural and audiovisual services) where
responsibility is shared between the Community and the Member States. It conducts
a development cooperation policy (Articles 177-181 of the Treaty) and a policy of
cooperation with industrialised countries (Article 181a of the Treaty) without prejudice
to the respective competences of the Member States. It has shared competence as regards
the free movement of goods, persons, services and capital (Articles 23-31 and 39-60
of the Treaty), competition (Articles 81-89 of the Treaty) and the internal market,
including intellectual property (Articles 94-97 of the Treaty). Pursuant to Article
151 of the Treaty, in particular paragraph 4 thereof, the Community takes cultural
aspects into account in its action under other provisions of the Treaty, in particular
in order to respect and to promote the diversity of its cultures.
The Community Acts listed below illustrate the extent of the area of competence of
the Community in accordance with the provisions establishing the European Community.
Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf
of the European Community, as regards matters within its competence, of the Agreements
reached in the Uruguay Round multilateral negotiations (1986 to 1994) (OJ L 336, 23.12.1994,
p. 1).
Council Regulation (EC) No 2501/2001 of 10 December 2001 applying a scheme of generalised
tariff preferences for the period from 1 January 2002 to 31 December 2004 - Statements
on a Council Regulation applying a scheme of generalised tariff preferences for the
period from 1 January 2002 to 31 December 2004 (OJ L 346, 3l.12.2001, p. 1).
Council Decision 2005/599/EC of 21 June 2005 concerning the signing, on behalf of
the European Community, of the Agreement amending the Partnership Agreement between
the members of the African, Caribbean and Pacific Group of States, of the one part,
and the European Community and its Member States, of the other part, signed in Cotonou
on 23 June 2000 (OJ L 209, 11.8.2005, p. 26).
Council Regulation (EC) No 2698/2000 of 27 November 2000 amending Regulation (EC)
No 1488/96 on financial and technical measures to accompany the reform of economic
and social structures in the framework of the Euro-Mediterranean partnership (MEDA)
(OJ L 311, 12.12.2000, p. 1).
Council Regulation (EEC) No 3906/89 of 18 December 1989 on economic aid to the Republic
of Hungary and the Polish People's Repub1ic, and subsequent amendments, still applicable
to Bulgaria and Romania (OJ L 375, 23.12.1989, p. 11).
Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania,
Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former
Yugoslav Republic of Macedonia and repealing Regulation (EC) No 1628/96 and amending
Regulations (EEC) No 3906/89 and (EEC) No 1360/90 and Decisions 97/256/EC and 1999/311/EC
(OJ L 306, 7.12.2000, p. 1).
Council Regulation (EEC) No 443/92 of 25 February 1992 on financia1 and technical
assistance to, and economic cooperation with, the developing countries in Asia and
Latin America (OJ L 52, 27.2.1992, p. 1).
Council Regulation (EC, Euratom) No 99/2000 of 29 December 1999 concerning the provision
of assistance to the partner States in Eastern Europe and Central Asia (OJ L 12, 18.1.2000,
p. 1).
Decision No 792/2004/EC of the European Parliament and of the Council of 21 April
2004 establishing a Community action programme to promote bodies active at European
level in the field of culture (OJ L 138, 30.4.2004, p. 40).
Decision No 508/2000/EC of the European Parliament and the Council of 14 February
2000 establishing the Culture 2000 programme (OJ L 63, 10.3.2000, p. 1).
Decision No 1419/1999/EC of the European Parliament and of the Council of 25 May 1999
establishing a Community action for the European Capital of Culture event for the
years 2005 to 2019 (OJ L 166, 1.7.1999, p. 1).
Council Decision of 22 September 1997 regarding the future of European cultural action
(OJ C 305, 7.10.1997, p. 1).
Council Decision of 22 September 1997 on cross-border fixed book prices in European
linguistic areas (OJ C 305, 7.10.1997, p. 2).
Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions
laid down by Law, Regulation or Administrative Action in Member States concerning
the pursuit of television broadcasting activities (OJ L 298, 17.10.1989, p. 23). Directive
amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L
202, 30.7.1997, p. 60).
Council Decision 2000/821/EC of 20 December 2000 on the implementation of a programme
to encourage the development, distribution and promotion of European audiovisual works
(MEDIA Plus -Development, Distribution and Promotion) (2001-2005) (OJ L 336, 30.12.2000,
p. 82).
Decision No 163/2001 /EC of the European Parliament and of the Council of 19 January
2001 on the implementation of a training programme for professionals in the European
audiovisual programme industry (MEDIA-Training) (2001-2005) (OJ L 26, 27.1.2001, p.
1).
Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for
the application of Article 93 of the EC Treaty (OJ L 83 27.3.1999, p. 1), relating
to State aid.
Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 on
the enforcement of intellectual property rights (OJ L 157, 30.4.2004, p. 45).
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001
on the harmonisation of certain aspects of copyright and related rights in the information
society (OJ L 167, 22.6.2001, p. 10).
Directive 2001/84/EC of the European Parliament and of the Council of 27 September
2001 on the resale right for the benefit of the author of an original work of art
(OJ L 272, 13.10.2001, p. 32).
Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules
concerning copyright and rights related to copyright applicable to satellite broadcasting
and cable retransmission (OJ L 248, 6.10.1993, p. 15).
Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection
of copyright and certain related rights (OJ L 290, 24.11.1993, p. 9).
Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right
and on certain rights related to copyright in the field of intellectual property (OJ
L 346, 27.11.1992, p. 0061-0066).
The exercise of Community competence is, by its nature, subject to continuous development.
In this respect, therefore, the Community reserves the right to notify other future
declarations regarding the distribution of competences between the European Community
and the Member States.
Unilateral declaration on behalf of the Community in connection with deposition of
the instrument of accession.
As regards the Community competences described in the Declaration pursuant to Article
27(3)(c) of the Convention, the Community is bound by the Convention and Will ensure
its due implementation. It follows that the Member States of the Community which are
party to the Convention in their mutual relations apply the provisions of the Convention
in accordance with the Community's internal rules and without prejudice to appropriate
amendments being made to these rules.
Indonesia
12-01-2012
With reference to Article 25 Paragraph (4) of this present Convention, the Government of the Republic of Indonesia declares that it shall not be bound by the provisions of Article 25 paragraph (3) of the Convention.
Mexico
05-07-2006
The United Mexican States wishes to enter the following reservation to the application
and interpretation of Article 20 of the Convention:
(a) This Convention shall be implemented in a manner that is in harmony and compatible
with other international treaties, especially the Marrakesh Agreement Establishing
the World Trade Organization and other international trade treaties.
(b) With regard to paragraph 1, Mexico recognizes that this Convention is not subordinate
to any other treaties and that other treaties shall not be subordinate to this Convention.
(c) With regard to paragraph 1 (b), Mexico does not prejudge its position in future
international treaty negotiations.
Netherlands, the Kingdom of the
29-10-2009
[...] in conformity with Article 28 of the Convention, the Ministry of Education, Culture and Science of the Netherlands will be the contact point as referred to in Article 9 of the above mentioned Convention.
New Zealand
05-10-2007
[...] and declares that, consistent with the constitutional status of Tokelau and
taking into account the commitment of the Government of New Zealand to the development
of self-government for Tokelau through an act of self-determination under the Charter
of the United Nations, this accession shall not extend to Tokelau unless and until
a Declaration to this effect is lodged by the Government of New Zealand with the Depositary
on the basis of appropriate consultation with that territory;
and declares that it considers that the obligation in Article 16 on developed countries
to facilitate cultural exchanges with developing countries by granting, through the
appropriate institutional and legal frameworks, preferential treatments to artists
and other cultural professionals and practitioners as well as cultural goods and services
from developing countries is not intended to affect the content or interpretation
of domestic legislation, or rules or criteria relating to eligibility for immigration
visas or permits, or the exercise of discretion under legislation, or in respect of
rules or criteria, but is intended to reflect the way in which the entry of those
eligible for visas or permits may be facilitated, such as through special procedures
for processing applications;
and declares that it considers the clear legal effect of Article 20 is to ensure the
provisions of the Convention do not modify in any way the rights and obligations of
the Parties under other treaties to which they are also parties.
Türkiye
02-11-2017
The Republic of Turkey reserves the right to interpret and apply paragraph 1 of Article
7 of the Convention in accordance with the related provisions of the Constitution
of the Republic of Turkey and the Treaty of Lausanne of 24 July 1923 and its Appendixes.
Reservation in respect of Article 20:
This Convention shall be interpreted and applied in a manner that is consistent with
the rights and obligations of the Republic of Turkey under other treaties to which
it is a party and it shall not prejudice the right of the Republic of Turkey to freely
negotiate treaties.
The Republic of Turkey declares that there does not exist any group of people in its
territory which could be considered as "indigenous peoples" within the framework of
the Convention.
The Republic of Turkey declares, within the scope of paragraph 4 of Article 25 of
the Convention, that it does not recognize the conciliation procedure provided for
in paragraph 3 of Article 25 of the Convention.
United Arab Emirates
06-06-2012
[...] the Government of the United Arab Emirates accedes to the 2005 Convention and undertakes to implement all of its provisions, while expressing reservations about Article 25 of the Convention regarding the settlement of disputes. On the basis of Article 25, paragraph 4, the Government of the United Arab Emirates considers itself exempt from applying the conciliation procedure.
Vietnam
07-08-2007
In ratifying the convention, the Socialist Republic of Vietnam, pursuant to paragraph 4 of Article 25 of the Convention, declares that the Socialist Republic of Vietnam does not consider itself bound by the provisions of paragraph 3 of Article 25 of the Convention.