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Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Argentina | Yes | No |
| Armenia | Yes | No |
| Austria | Yes | No |
| Belgium | Yes | No |
| Canada | Yes | No |
| China | Yes | No |
| Cuba | Yes | No |
| Czech Republic | Yes | No |
| Denmark | Yes | No |
| EU (European Union) | Yes | No |
| Georgia | Yes | No |
| Germany | Yes | No |
| India | Yes | No |
| Iran | Yes | No |
| Jamaica | Yes | No |
| Malawi | Yes | No |
| Mauritius | Yes | No |
| Moldova | Yes | No |
| Namibia | Yes | No |
| Netherlands, the Kingdom of the | Yes | No |
| Norway | Yes | No |
| Palestine | Yes | No |
| Peru | Yes | No |
| Seychelles | Yes | No |
| Suriname | Yes | No |
| Thailand | Yes | No |
| Türkiye | Yes | No |
| Ukraine | Yes | No |
| United States of America | Yes | No |
Argentina
25-09-2017
Pursuant to article 30 (5) of the Minamata Convention on Mercury, the Argentinian Republic declares that any amendment to an annex to the Convention shall enter into force with respect of Argentina only upon the deposit of its instrument of ratification or accession with respect thereto.
Armenia
13-12-2017
Any amendment to an annex to the Convention shall enter into force for the Republic of Armenia only upon the deposit of its instrument of ratification, acceptance, approval or accession in respect thereto.
Austria
12-06-2017
The Republic of Austria declares in accordance with Article 25 paragraph 2 of the Convention that, with regard to any dispute concerning the interpretation or application of this Convention, it recognizes both of means of dispute settlement mentioned in paragraph 2 as compulsory in relation to any party accepting the same obligation.
Belgium
10-10-2013
This signature also engages the Wallon Region, the Flemish Region, the Brussels-Capital Region, the French Community, the Flemish Community and the German-speaking Community.
Canada
07-04-2017
Pursuant to Article 30 (5) of the Convention, Canada declares that any amendment to an annex to the Convention shall enter into force for Canada only upon the deposition of its instrument of ratification, acceptance, approval, or accession with respect thereto.
China
12-09-2023
The Government of the People’s Republic of China is fulfilling the domestic legal procedures for accepting the above-mentioned amendments, and is provisionally unable to accept the abovementioned amendments until further notice from the Government.
Cuba
30-01-2018
In accordance with the principle of the sovereign immunity of States, the Republic of Cuba declares that the recommendations contained in the report of the conciliation commission, established in accordance with Article 25 (6) of the Minamata Convention on Mercury and with the procedure set out in Part II of Annex E to the Convention, will be deemed to be non-binding, but will be considered in good faith for voluntary implementation, as appropriate.
Czech Republic
19-06-2017
… in accordance with paragraph 5 of Article 30 of the Minamata Convention on Mercury, the Czech Republic declares that any amendment to an annex to the Convention shall enter into force for the Czech Republic only upon the deposit of its instrument of ratification, acceptance, approval or accession in respect thereto.
Denmark
18-05-2017
Territorial exclusion in respect of Greenland and the Faroe Islands.
10-02-2021
Withdrawal of declaration relating to the territorial exclusion in respect of Greenland.
EU (European Union)
18-05-2017
Declaration of Competence by the European Union in accordance with Article 30 (3)
of the Minamata Convention on Mercury
The following States are at present Members of the European Union: the Kingdom of
Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the
Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic,
the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic,
the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand
Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands,
the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania,
the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom
of Sweden, the United Kingdom of Great Britain and Northern Ireland.
Article 30 (3) of the Minamata Convention provides: ‘3. In its instrument of ratification,
acceptance, approval or accession, a regional economic integration organization shall
declare the extent of its competence in respect of the matters governed by this Convention.
Any such organization shall also inform the Depositary, who shall in turn inform the
Parties, of any relevant modification of the extent of its competence.’
The European Union declares that, in accordance with the Treaty on the Functioning
of the European Union, and in particular Article 192 (1) thereof, it is competent
for entering into international agreements, and for implementing the obligations resulting
therefrom, which contribute to the pursuit of the following objectives:
- preserving, protecting and improving the quality of the environment;
- protecting human health;
- prudent and rational utilisation of natural resources;
- promoting measures at international level to deal with regional or worldwide environmental
problems, including climate change.
The following list of legal instruments of the Union illustrates the extent to which
the Union has exercised its internal competence, in accordance with the Treaty on
the Functioning of the European Union, regarding matters governed by the Minamata
Convention. The Union is competent for the performance of those obligations from the
Minamata Convention on Mercury regarding which the provisions of Union legal instruments,
in particular those listed below, establish common rules and insofar as these common
rules are affected or altered in scope by the provisions of the Minamata Convention
or an act adopted in implementation thereof.
- Regulation (EU) of the European Parliament and the Council of 17 May 2017 on mercury,
and repealing Regulation (EC) No 1102/2008,
- Directive 2011/65/EU of the European Parliament and the Council of 8 June 2011 on
the restriction of the use of certain hazardous substances in electrical and electronic
equipment (OJ L 174, 1.7.2011, p. 88),
- Directive 2006/66/EC of the European Parliament and the Council of 6 September 2006
on batteries and accumulators and waste batteries and accumulators and repealing Directive
91/157/EEC (OJ L 266, 26.9.2006, p. 1),
- Directive 2000/53/EC of the European Parliament and the Council of 18 September
2000 on end-of-life vehicles (OJ L 269, 21.10.2000, p. 34),
- Regulation (EC) 1223/2009 of the European Parliament and of the Council of 30 November
2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59),
- Regulation (EC) 1907/2006 of the European Parliament and of the Council of 18 December
2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals
(REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and
repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94
as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC,
93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1),
- Regulation (EU) 528/2012 of the European Parliament and of the Council of 22 May
2012 concerning the making available on the market and use of biocidal products (OJ
L 167, 27.6.2012, p. 1),
- Regulation (EC) 1107/2009 of 21 October 2009 concerning the placing of plant protection
products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC
(OJ L 309, 24.11.2009, p. 1),
- Council Directive 93/42/EC of 14 June 1993 concerning medical devices (OJ L 169,
12.7.1993, p. 1),
- Directive 2010/75/EU of the European Parliament and of the Council of 24 November
2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334,
17.12.2010, p. 17),
- Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012
on the control of major-accident hazards involving dangerous substances, amending
and subsequently repealing Council Directive 96/82/EC (OJ L 197, 24.7.2012, p. 1),
- Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18
January 2006 concerning the establishment of a European Pollutant Release and Transfer
Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006,
p. 1),
- Directive 2004/107/EC of the European Parliament and of the Council of 15 December
2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons
in ambient air (OJ L 23, 26.1.2005, p. 3),
- Directive 2000/60/EC of the European Parliament and of the Council of 23 October
2000 establishing a framework for Community action in the field of water policy (OJ
L 327, 22.12.2000, p. 1),
- Directive 2008/98/EC of the European Parliament and of the Council of 19 November
2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3),
- Council Directive 1999/31/EC of 26 April1999 on the landfill of waste (OJ L 182,
16.7.1999, p. 1),
- Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14
June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1).
The exercise of competences which Member States of the European Union have transferred
to the European Union pursuant to the Treaties is, by its nature, subject to continuous
development. The Union therefore reserves the right to adjust this Declaration.
Georgia
17-07-2023
a) Regarding paragraph 2 of Article 25:
In accordance with Article 25, paragraph 2 of the Convention, Georgia accepts both
means of dispute settlement referred to in this paragraph as compulsory in relation
to any party accepting the one or both means of dispute settlements;
b) Regarding paragraph 5 of Article 30:
Georgia declares in accordance with Article 30, paragraph 5 of the Convention, that
any amendments to [an] Annex to the Convention shall enter into the force for Georgia
only upon the deposit of its instrument of ratification, acceptance, approval or accession
with respect thereto;
c) Regarding the implementation of the Convention:
Georgia declares that the application of this Convention and its Annexes in relation
to Georgia's regions of Abkhazia and Tskhinvali region/South Ossetia - occupied by
the Russian Federation as a result of its illegal military aggression - shall commence
once Georgia's de facto jurisdiction over the occupied territories is fully restored.
Germany
15-09-2017
The Federal Republic of Germany declares, in accordance with article 25, paragraph
2, of the Minamata Convention on Mercury, that it accepts both means of dispute settlement
referred to in that paragraph as compulsory in relation to any Party accepting one
or both means of dispute settlement.
The Federal Republic of Germany declares, in accordance with article 30, paragraph
5, of the Minamata Convention on Mercury, that any amendment to an annex to the Convention
shall enter into force for the Federal Republic of Germany only upon the deposit of
its instrument of ratification, acceptance, approval, or accession with respect thereto.
India
18-06-2018
The Republic of India, in accordance with paragraph 5 of Article 30 of the Minamata Convention on Mercury declares that any amendment to an annex to the Convention shall enter into force for the Republic of India only upon the deposit of its instrument of ratification, acceptance, approval or accession with respect thereto.
Iran
16-06-2017
[…] pursuant to Article 30, paragraph 5 of the Convention, the Islamic Republic of
Iran hereby declares that any amendment to an annex to the Convention shall enter
into force for the Islamic Republic of Iran only upon the deposit of its instrument
of ratification, acceptance, approval or accession with respect thereto…
Consistent with its principal policy of protecting and promoting the environment and
human health, the Islamic Republic of Iran has ratified the Minamata Convention on
Mercury.
Fulfilling the obligations enshrined in the Convention is a clear duty of all relevant
stakeholders including governmental or non-governmental; the Ministry of Foreign Affairs
as the National Focal Point and the Organization of Protection of Environment as the
National Authority of the Convention are assigned with the task of handling and monitoring
the national implementation of the Convention.
It is the understanding of the Islamic Republic of Iran that implementation of the
Convention is subject to providing the developing countries with sustainable, adequate
and accessible financial support, technical assistance, technology transfer as well
as capacity building and proper training which are recognized in the Articles 13 and
14 of the Convention as part of responsibilities of all parties, specifically the
developed country parties.
The Islamic Republic of Iran is of the view that full and accurate implementation
of the said articles is as necessary as other articles of the Convention and non-implementation
of the said Articles may raise the issue of compliance.
Should the above assistance and support fail to be adequate, timely and sustainable;
the extension of the exemptions will be a necessity.
The Islamic Republic of Iran would like to encourage all countries that have not yet
done so, in particular developed countries to join the Convention and emphasizes that
the whole international community should work together to realize the accepted principle
of ‘Common But Differentiated Responsibilities’.
Jamaica
19-07-2017
… any amendment to an Annex to the Convention shall enter into force for Jamaica only
upon the deposit of its instrument of ratification, acceptance, approval or accession
with respect thereto.
Malawi
23-06-2023
… the Government of the Republic of Malawi … declares that:
(a) in accordance with Article 25 paragraph 2 of the Convention, with regard to any
dispute concerning the interpretation or application of this Convention, it recognizes
both means of dispute settlement mentioned in paragraph 2 as compulsory in relation
to any party accepting the same obligation; and
(b) in accordance with Article 30 paragraph [5] of the Convention, any amendment to
an annex to the Convention shall enter into force with respect of Malawi only upon
the deposit of its instrument of ratification or accession with respect thereto…
Mauritius
21-09-2017
(…) Pursuant to article 30, paragraph 5, of the Convention, the Republic of Mauritius declares that any amendment to an annex to the Convention shall enter into force for the Republic of Mauritius only upon the [deposit] of its instrument of ratification, acceptance, approval or accession with respect thereto (…).
Moldova
20-06-2017
In accordance with Article 25, paragraph 2 of the Convention, the Republic of Moldova
accepts both means of dispute settlement referred to in this paragraph as compulsory
in relation to any party accepting the same obligation.
In accordance with Article 30, paragraph 5 of the Convention, any amendment of an
annex shall enter into force for the Republic of Moldova only after the deposit of
its instrument of ratification, acceptance, approval or accession with respect thereto.
Namibia
06-09-2017
… as per article 30 (5) […] with regard to the Republic of Namibia, any amendment to an annex shall enter into force only upon the deposit of Namibia’s instrument of ratification, acceptance, approval or accession with respect thereto…
Netherlands, the Kingdom of the
18-05-2017
The Kingdom of the Netherlands declares, in accordance with Article 25, paragraph 2, of the Minamata Convention on Mercury, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.
Norway
12-05-2017
In accordance with Article 25, paragraph 2 of the Convention, Norway hereby declares (b) Submission of the dispute to the International Court of Justice.
Palestine
07-09-2020
The Ministry of Foreign Affairs and Expatriates of the State of Palestine presents
his compliments to the Secretary-General of the United Nations, in his capacity as
Depositary, and has the honor to refer to depositary notification C.N.166.2019.TREATIES-XXVII.17,
dated 10 May 2019, conveying a communication of the United States regarding the accession
of the State of Palestine to the Minamata Convention on Mercury, dated 10 October
2013.
The Government of the State of Palestine regrets the position of the United States
and wishes to recall the United Nations General Assembly resolution 67/19 of 29 November
2012 according to which Palestine was accorded a ‘Non-member Observer State status
in the United Nations’. In this regard, Palestine is a State recognized by the United
Nations General Assembly on behalf of the international community.
As a State Party to the Minamata Convention on Mercury, dated 10 October 2013, which
[entered] into force on 16 June 2019 for the State of Palestine, the State of Palestine
will exercise its rights and honor its obligations with respect to all States Parties.
The State of Palestine trusts that its rights and obligations will be equally respected
by its fellow States Parties.
Peru
21-01-2016
Declaration under article 25 (2)
In exercise of the right to make the declarations or communications permitted under
the Convention and in relation to article 25, paragraph 2, the Republic of Peru wishes
to bring to the attention of the parties the declaration that it made on 7 July 2003
[…] which was made under Article 36, paragraph 2, of the Statute of the International
Court of Justice, pursuant to which the Republic of Peru recognizes as compulsory
ipso facto and without special agreement, in relation to any other party accepting
the same obligation, subject to the condition of reciprocity, the jurisdiction of
the International Court of Justice in all legal disputes.
Such declaration does not preclude the possibility of recourse to the arbitration
and conciliation procedures established in the Convention (annex E) for the matter
disputed if the other party or parties to the dispute agree to such in writing.
The present declaration does not prevent the parties from settling the dispute through
direct negotiation or any other means of settlement recognized by the Convention.
- Declaration under article 30 (5)
In exercise of the right to make the declarations or communications permitted under
the Convention and in relation to article 30, paragraph 5, the Republic of Peru declares
that, with regard to it, any amendment to an annex shall enter into force only upon
the deposit of its instrument of ratification, acceptance, approval or accession with
respect thereto.
Seychelles
13-01-2015
[...] in accordance with Article 30 (5) of the Convention, [...] any amendment to an annex to the Convention shall enter into force for the Republic of Seychelles only upon the deposit of its instrument of ratifications, acceptance, approval, or accession with respect thereto.
Suriname
02-08-2018
[…] in accordance with Article 30 paragraph 5 of the Minamata Convention, […] any amendment to an Annex to the Convention shall enter into force for the Republic of Suriname only upon its deposit of its instrument of ratification, acceptance, approval or accession with respect thereto.
Thailand
22-06-2017
… any amendment to an annex to the Convention shall enter into force only upon the deposit of [the Government of the Kingdom of Thailand’s] instrument of ratification, acceptance, approval or accession in accordance with Article 30 paragraph 5.
Türkiye
04-10-2022
The Republic of Türkiye hereby declares, pursuant to Article 30, paragraph 5, that
any
amendment to an Annex to the Convention shall enter into force for the Republic of
Türkiye
only upon the deposit of its instrument of ratification, acceptance, approval, or
accession with
respect thereto.
Ukraine
18-08-2023
Ukraine, in accordance with Article 25 paragraph 2 of the Convention, recognizes both of the means of dispute settlement, specified in this paragraph, as compulsory in relation to any Party accepting the same obligation.
United States of America
06-11-2013
The United States hereby declares, pursuant to Article 30, paragraph 5, that any amendment
to an annex to the Convention shall enter into force for the United States only upon
the deposit of its instrument of ratification, acceptance, approval, or accession
with respect thereto.
10-05-2019
The United States Mission to the United Nations presents its compliments to the Executive
Office of the Secretary-General of the United Nations and refers to the U.N. Secretary-General’s
depositary notification C.N.93.2019.TREATIES-XXVII.17, dated March 19, 2019, regarding
the purported accession of the ‘State of Palestine’ to the Minamata Convention on
Mercury, done at Kumamoto October 10, 2013 (the Convention), for which the Secretary-General
of the United Nations is the depositary.
The Government of the United States of America does not believe the ‘State of Palestine’
qualifies as a sovereign State and does not recognize it as such. Accession to the
Convention is limited to sovereign States and regional economic integration organizations.
Therefore, the Government of the United States of America believes that the ‘State
of Palestine’ is not qualified to accede to the Convention and affirms that it will
not consider itself to be in a treaty relationship with the ‘State of Palestine’ under
the Convention.