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|Partij||Voorbehoud / verklaring||Bezwaren|
|Nederlanden, het Koninkrijk der||Ja||Nee|
With regard to the third sentence of article 8 of the Convention, the Federal Republic
of Germany declares that it reserves the right to continue to require legalisation
of extracts from civil status records from a new Contracting State after its accession
if there are factual indications that:
- that State's civil status records or extracts from such records are to a large extent substantively incorrect, not official or forged; and
- continuing to require legalisation by Germany's diplomatic mission or consulate in the newly acceded Contracting State would provide the best safeguard against a deterioration in the international exchange of extracts from civil status records.
The Embassy deems it advisable to inform the Federal Department that Spain considers
that the 'Declaration' submitted by the Federal Republic of Germany on the third sentence
of article 8 of International Commission on Civil Status (ICCS) Convention No. 16
is in reality a reservation; and under the Vienna Convention on the Law of Treaties
of 23 May 1969, a State can make a reservation when signing, ratifying, accepting,
approving or acceding to a treaty.
Given that the Federal Republic of Germany's ratification of this Convention took place on 18 June 1997, this reservation has not been made in time. Accordingly, the reservation can only be admissible on the strict condition that it is accepted by all the Contracting States; in the absence of expressed opposition, tacit acceptance may be assumed.
On the other hand, the 'Declaration' proves on examination to open the door to the unilateral application of an international instrument, from which undesirable effects may be anticipated. In addition, one must assume that the extracts put in question by the 'Declaration' are sent in a secure manner (on security paper, numbered, etc.) that justifies exempting them from legalisation. In the event that circumstances alter the conditions that justified agreement on exempting these documents from legalisation, it would be appropriate to adjust the provisions of the Convention to reflect the new situation by means of a Protocol through a process of multilateral negotiation.
For all these reasons, and within the period laid down by the Depositary, Spain expresses its objection to this reservation, on the grounds that the reservation is compatible neither with the international law of treaties nor with ICCS Convention no. 16, which does not allow for the possibility of restricting the application of article 8 to the Contracting States.
Following the notice given by the depositary on 19 January 2009 (CIEC 1 / 09), the Republic of Serbia informed the depositary on 16 April 2009 that it considers as unacceptable the reservation made by the Federal Republic of Germany to the Convention on the issue of multilingual extracts from civil status records (ICCS Convention no. 16), done at Vienna on 8 September 1976. A copy of the Serbian Note verbale on this subject is appended to the present notice.
The Government of the Kingdom of the Netherlands has examined the declaration of the
Federal Republic of Germany of 27 November 2008 to the Convention on the issue of
multilingual extracts from civil status records and considers it a reservation.
The Government of the Kingdom of the Netherlands objects to this reservation, since it was made more than eleven years after ratification of the Convention by the Federal Republic of Germany and therefore inconsistent with article 19 of the Vienna Convention on the Law of Treaties.
In the absence of a unanimous consent of the contracting States, the reservation of the Federal Republic of Germany, following the ratification by that State, cannot be registered by the depositary.
With regard to the Kingdom of the Netherlands, in view of the equality that exists between the Netherlands and the Netherlands Antilles from the standpoint of public law, the terms 'metropolitan territory' and 'non-metropolitan territories' used in the text of the Convention will be interpreted as meaning 'European territory' and 'non-European territories'.
The Swiss Confederation declares in accordance with article 11 that it reserves the right not to apply this Convention to extracts from records relating to the birth of adopted children whose filiation ties with their biological parents is maintained.