Danemark

Declaration made at the time of Approval

“Pursuant to Articles 70 and 10(1) of the Agreement, the Government of the Kingdom of Denmark declares the exception of the retroactive effects as set out in the second sentence of Article 10(1), therefore the provisions of this Agreement shall apply for the Kingdom of Denmark only to activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction collected and generated after the entry into force of this Agreement for the Kingdom of Denmark.”

Upon signature:

Declaration:

“Both the Faroe Islands and Greeland are self-governing under Home Rule Acts, which implies inter alia that environmental affairs in general and the areas covered by the Protocol are governed by the right of self-determination.
Signing by Denmark of the Protocol, therefore does not necessarily mean that Danish ratification will in due course include the Faroe Islands and Greenland.”

Declaration:

"In connection with the deposit of Denmark's instrument of ratification of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography Denmark declares that she interprets the words "any representation"in article 2 (c), of the Protocol to mean "any visual representation". Denmark further declares that the possession of pornographic visual representation of a person, who has completed his or her fifteenth year and who has consented to the said possession, shall not be considered covered by the binding provisions of the Protocol."

Declaration:

“In connection with the deposit of Denmark’s instrument of ratification of the Optional Protocol on the Rights of the Child on the Involvement of Children in Armed Conflict [the Government of Denmark declares] that Danish legislation does not permit the recruitment of any person below the age of 18 in the arrmed forces.”

Upon signature:

Declaration:
"Both the Faroe Islands and Greenland are self-governing under Home Rule Acts, which implies inter alia that environmental affairs in general and the areas covered by the Convention are governed by the right of self-determination. In both the Faroe and the Greenland Home Rule Governments there is great political interest in promoting the fundamental ideas and principles embodied in the Convention to the extent possible. However, as the Convention is prepared with a view to European countries with relatively large populations and corresponding administrative and social structures, it is not a matter of course that the Convention is in all respects suitable for the scarcely populated and far less diverse societies of the Faroe Islands and of Greenland. Thus, full implementation of the Convention in these areas may imply needless and inadequate bureaucratization. The authorities of the Faroe Islands and of Greenland will analyse this question thoroughly.
Signing by Denmark of the Convention, therefore, not necessarily means that Danish ratification will in due course include the Faroe Islands and Greenland."

Declaration:

"In connexion with Denmark's ratification of the Tampere Convention on the Provision of Telecommunications Resources for Disaster Mitigation and Relief Operations ("the Convention") Denmark declares that to the extent to which certain provisions of the Convention fall within the area of responsibility of the European Community, the full implementation of the Convention by Denmark has to be done in accordance with the procedures of this international Organisation."

Territorial Exclusion

Until further notice, the Convention shall not apply to the Faroe Islands and Greenland.

Declaration:

"In this respect, the Government of the Kingdom of Denmark recalls that as a Member of the European Community, Denmark has transferred competence to the European Community in respect of certain matters governed by the Agreement, which are specified in the Annex to this letter. This Annex also contains interpretative declarations by the European Community and its Member States to the Agreement.
At the same time, [Denmark] hereby confirms the declarations1 made by the European Community upon ratification of the Agreement."
[See declarations under “European Community”.]

Upon signature:

Declaration:

[Same declaration , mutatis mutandis, as the one made by Belgium.]

Upon signature:

"Denmark hereby declares that it will reduce its national annual emissions of VOCs by at least 30% by the year 1999, using 1985 as a basis.

Reservations:

"Article 40, paragraph 2 (b) (v) shall not be binding on Denmark.
"It is a fundamental principle of the Danish Administration of Justice Act that everybody shall be entitled to have any penal measures imposed on him or her by a court of first instance reviewed by a higher court. There are, however, some provisions limiting this right in certain cases, for instance verdicts returned by a jury on the question of guilt, which have not been reversed by the legally trained judges of the court."

Declaration made upon signature:

"Denmark's signature of the Global Convention of the Control of Transboundary Movements of Hazardous Wastes and their Disposal does not apply to Greenland and the Faroe Islands."
30 April 2008

Declaration:

“Denmark deposited its instrument of approval to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal on 6 February 1994. This instrument did not confirm the territorial exclusion concerning the application of the Convention with respect to Greenland and the Faroe Islands, which had been made upon the signature of the Convention on 22 March 1989. The approval of the Convention in 1994 therefore includes both Greenland and the Faroe Islands.”

Declarations:

"The Convention shall not apply to the Faroe Islands and Greenland."
With regard to article 17:

"Authorization granted by Danish authority pursuant to article 17 denotes only that Denmark will abstain from pleading infringement of Danish sovereignty in connection with the requesting State's boarding of a vessel. Danish authorities cannot authorize another State to take legal action on behalf of the Kingdom of Denmark."

Reservation:

... Where parties formulate reservations or partial reserva- tions with respect to the provisions of article 66 of the Convention concerning the obligatory settlement of certain disputes, Denmark does not consider itself bound by the provisions of Part V of the Convention whereby the procedures for settlement set forth in article 66 shall not be applied if reservations have been formulated by other parties.

Declarations:

“The Kingdom of Denmark makes the following declaration: It is the position of the Government of the Kingdom of Denmark that the exception from the transit passage regime provided for in article 35 (c) of the Convention applies to the specific regime in the Danish straits (the Great Belt, the Little Belt and the Danish part of the Sound), which has developed on the basis of the Copenhagen Treaty of 1857. The present legal regime of the Danish straits will therefore remain unchanged.
The Government of the Kingdom of Denmark declares pursuant to article 287 of the Convention that it chooses the International Court of Justice for the settlement of disputes concerning the interpretation or application of the Convention.
The Government of the Kingdom of Denmark declares pursuant to article 298 of the Convention that it does not accept an arbitral tribunal constituted in accordance with Annex VII for any of the categories of disputes mentioned in article 298.
The Government of the Kingdom of Denmark declares, in accordance with article 310 of the Convention, its objection to any declaration or position excluding or amending the legal scope of the provisions of the Convention. Passivity with respect to such declarations or positions shall be interpreted neither as acceptance nor rejection of such declarations or positions.
The Kingdom of Denmark recalls that, as a member of the European Community, it has transferred competence in respect of certain matters governed by the Convention. In accordance with the provisions of Annex IX of the Convention, a detailed declaration on the nature and ex tent of the competence transferred to the European Community was made by the European Community upon deposit of its instrument of formal confirmation. This transfer of competence does not extend to the Faroe Islands and Greenland.”

Declaration:

"According to the main rule of article 17, paragraph 1 (d), in the Agreement establishing the African Development Bank, the proceeds of any financing undertaken by the Bank shall be used only for procurement in Member Countries of goods and services produced in Member Countries.
"The declared shipping policy of the Danish Government is based on the principle of free circulation of shipping in international trade in free and fair competition. In accordance with this policy, transactions and transfers in connection with maritime transport should not be hampered by provisions giving preferential treatment to one country or group of countries, the aim always being that normal commercial considerations should determine the method and flag of shipment. The Government of Denmark trusts that article 17, paragraph 1 (d), will not be applied contrary to this principle."

Declarations:

"...
"2) under paragraph 1 of article 93 that the Convention shall not apply to the Faroe Islands and Greenland,
"3) under paragraph 1 cf. paragraph 3 of article 94 that the Convention shall not apply to contracts of sale where one of the parties has his place of business in Denmark, Finland, Norway or Sweden and the other party has his place of business in another of the said states,
"4) under paragraph 2 of article 94 that the Convention is not to apply to contracts of sale where one of the parties has his place of business in Denmark, Finland, Norway or Sweden and the other party has his place of business in Iceland."
2 July 2012

"[...] In addition to the previous declaration made under Article 94 Denmark declares, in respect of Iceland in accordance with paragraph 1, in respect of Finland and Sweden in accordance with paragraph 1 cf. paragraph 3 and in repect of Norway in accordance with paragraph 2 that the Convention will not apply to the formation of contracts of sale where the parties have their places of business in Denmark, Iceland, Finland, Sweden or Norway."

Upon signature:

Declaration:

In accordance with the provisions of paragraph 16 (a) of the said Protocol, the Government of Denmark made a declaration according to the terms of which it shall not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H of the said Protocol, and within the framework of the European Economic Community, it will examine the possibility of accepting Annex C.1 in the light of the position adopted by other Contracting Parties with regard to that Annex.
Upon ratification:

Declaration:

Pursuant to paragraph 16 (a) of the said Protocol, the Government of Denmark declares that shall not be bound by part II, part IV, annex C.I, annex F, annex G and annex H of the Protocol.

[ Same reservations as those under chapter XI.B-20. ]

[ Same reservations as those under chapter XI.B.20. ]

[ Same reservations as those made by Denmark under chapter XI.B.19. ]
Reservation:

Annex, item 18, re: article 23.3(a) according to which standing or parking shall be prohibited within 5 m. of an intersection.

[Same declaration as the one reproduced under "Belgium".]

As between itself and any State which formulates, wholly or in part, a reservation relating to the provisions of article 66 of the Convention concerning the compulsory settlement of certain disputes, Denmark will not consider itself bound by those provisions of part V of the Convention, according to which the procedures for settlement set forth in article 66 are not to apply in the event of reservations formulated by other States.

“Reservation to article 27, paragraph 3 "according to which ‘give way’ shall be indicated both by transverse marking and a plate."

Reservations:

Article 18, paragraph 2 according to which road users coming from a path or graved track shall give way to vehicles on the road.
Article 33, paragraph 1 (d) according to which it shall be permissible to use parking light also when driving outside a built-up area.
Annex 5, 17 (c) according to which the total permissible weight of a trailer without a service brake may not exceed half the sum of the hauling vehicle's unladen weight and the driver's weight.
Declaration:

Article 54, paragraph 2: for the purposes of the Convention Denmark treats mopeds whose maximum design speed exceeds 30 km per hour as motor cycles.

"With reference to article 5, paragraph 2 (a), the Government of Denmark makes a reservation with respect to the Competence of the Committee to consider a communication from an individual if the matter has already been considered under other procedures of international investigation."

2 April 2014

Modification of the reservation made upon ratification:
"2 (b) (i) Article 14, paragraph 5, shall be applied in such a manner that:
- An unlimited right to appeal does not have to be instituted in cases where the conviction concerns a minor offence and the sentence imposed is a fine and/or confiscation below a certain amount to be laid down by law.
- A right to a further appeal does not have to be instituted in cases where the accused person, having been acquitted by a lower court, is convicted for the first time by a higher court hearing an appeal of the acquittal.
- A right to appeal does not have to be instituted in criminal proceedings against a Member of Government or any other person brought before the High Court of the Realm (Rigsretten).
(ii) Article 14, paragraph 7, shall be applied in such a manner that criminal proceedings which led to a final conviction or acquittal may be reopened in certain circumstances to be laid down by law."
The Government of Denmark confirmed that the reservation to Article 14, paragraph 5 above is a narrowing of the reservation made upon ratification and that the reservation to Article 14, paragraph 7 above is a clarification of the reservation made upon ratification.
Paragraphs 1, 2 (a) and 3 of Denmark’s reservation made upon ratification remain unchanged:
"1. The Government of Denmark makes a reservation in respect of Article 10, paragraph 3, second sentence. In Danish practice, considerable efforts are made to ensure appropriate age distribution of convicts serving sentences of imprisonment, but it is considered valuable to maintain possibilities of flexible arrangements.
2. (a). Article 14, paragraph 1, shall not be binding on Denmark in respect of public hearings. In Danish law, the right to exclude the press and the public from trials may go beyond what is permissible under this Covenant, and the Government of Denmark finds that this right should not be restricted.
3. Reservation is further made to Article 20, paragraph 1. This reservation is in accordance with the vote cast by Denmark in the XVI General Assembly of the United Nations in 1961 when the Danish Delegation, referring to the preceding article concerning freedom of expression, voted against the prohibition against propaganda for war."

"The Government of Denmark cannot, for the time being, undertake to comply entirely with the provisions of article 7 (d) on remuneration for public holidays."

"According to article 14, paragraph ix, in the Agreement establishing the Asian Development Bank, `the proceeds of any loan, investment or other financing undertaken in the ordinary operations of the Bank or with Special Funds established by the Bank pursuant to paragraph 1 (i) of article 19, shall be used only for procurement in member countries of goods and services produced in member countries. . .'.
"The declared shipping policy of the Danish Government is based on the principle of free circulation of shipping in interna-tional trade in free and fair competition. In accordance with this policy transactions and transfers in connexion with maritime transport should not be hampered by provisions giving preferential treatment to one country or a group of countries, the aim always being that normal commercial consideration should determine the method and flag of shipment. The Government of Denmark trusts that article 14, paragraph ix, will not be applied contrary to this principle."

In respect of article 5 (j), consular posts established in Denmark by foreign States may not, except by virtue of a special agreement, execute letters rogatory or commissions to take evidence for the courts of the sending State, and may transmit judicial and extra-judicial documents only in civil or commercial matters.
(1) "With reference to Article 22, the Government of Denmark expresses the wish that it may be possible to maintain the practice existing between Denmark and a number of other countries to appoint honorary consular officers from among persons having the nationality of the receiving State or of a third State; the Government of Denmark further expresses the hope that States with which Denmark establishes consular relations will give their consent, pursuant to paragraphs 2 and 3 of Article 22, to the appointment of honorary consuls having the nationality of the receiving State or a third State.
(2) "With reference to Article 68, the Government of Denmark expresses its desire, in accordance with Danish practice, to continue appointing honorary consular officers and, on condition of reciprocity, its willingness to continue receiving honorary consular officers in Denmark."

"With the reservation that article 1, paragraph 2, shall not apply to the Kingdom of Denmark."

"1) With regard to article 6, paragraph 2: Protection will be granted to broadcasting organisations only if their headquarters is situated in another Contracting State and if their broadcasts are transmitted from a transmitter situated in the same Contracting State.
"2) With regard to article 16, paragraph 1 (a) (ii): The provisions of article 12 will be applied solely with respect to broadcasting as well as any other communication to the public which is carried out for profit-making purposes.
"3) With regard to article 16, paragraph 1 (a) (iv): As regards phonograms the producer of which is a national of another Contracting State, the protection provided for in article 12 will be limited to the extent to which, and to the term for which, the latter State grants protection to phonograms first fixed by a Danish national.
"4) With regard to article 17: Denmark will grant the protection provided for in article 5 only if the first fixation of the sound was made in another Contracting State (the criterion of fixation) and will apply for the purposes of paragraph 1 (a) (iii) and (iv) of article 16 the said criterion instead of the criterion of nationality."
Declarations made in accordance with articles 5(3) and 17 of the Convention:

“With regard to Article 5, paragraph 3, of the Convention, Denmark will not apply the criterion of publication in Article 5, paragraph 1 (c).
With regard to Article 17 of the Convention, the government of Denmark hereby withdraws its notification concerning the sole application of the criterion of fixation in relation to the protection of phonogram producers. This withdrawal of the notification shall take effect as of the same date as the notification pursuant to Article 5, paragraph 3, becomes effective.”

"The Government of Denmark does not regard the statement concerning paragraph 1 of Article 11 of the Vienna Convention on Diplomatic Relations made by the People's Republic of Bulgaria, the Byelorussian Soviet Socialist Republic, the Mongolian People's Republic, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics as modifying any rights and obligations under that paragraph. Further, the Government of Denmark does not regard as valid the reservation to paragraph 2 of Article 37 made by the United Arab Republic, Cambodia and Morocco. This statement shall not be regarded as precluding the entry into force of the Convention between Denmark and the above-mentioned countries."
5 August 1970

"The Government of Denmark does not regard the reserva- tion to article 37, paragraph 2, of the Vienna Convention on Diplomatic Relations made by Portugal on 11th of September 1968 as valid.
"This statement shall not be regarded as precluding the entry into force of the said Convention between Denmark and Portu- gal."
29 March 1977

"The Government of Denmark does not regard as valid the reservations made by the People's Republic of China to article 37 of the Vienna Convention on Diplomatic Relations of 18 April 1961. This statement is not to be regarded as preventing the Convention's entry into force as between Denmark and the People's Republic of China.

In accordance with the terms of article I, paragraph 3, [the Convention] shall have effect only as regards the recognition and enforcement of arbitral awards made by another Contracting State and [it] shall be valid only with respect to commercial relationships.

does not consider itself bound by the last sentence of article 2 of the Convention.

"Pursuant to article 5 in the prevailing Danish Customs Act, the Danish customs area does not comprise Faroe Islands and Greenland. The acceptance of the Convention by Denmark, therefore, applies only to the Danish customs area as defined in the said article."

is not bound by article 24, paragraph 3.
The provisions of article 24, paragraph 1, under which stateless persons are in certain cases placed on the same footing as nationals, shall not oblige Denmark to grant stateless persons in every case exactly the same remuneration as that provided by law for nationals, but only to grant them what is required for their support.
Article 31 shall not oblige Denmark to grant to stateless persons a status more favourable than that accorded to aliens in general.

Notwithstanding the provisions of article 3 of this Conven- tion, the Scandinavian countries shall be permitted to make special rules applicable to persons residing in those countries.

Subject to a reservation with respect to article III of the Con- vention, in so far as it relates to the right of women to hold military appointments or to act as heads of recruitment services or to serve on recruitment boards.

25 March 1968

“[Subject to] the following reservation:
The obligation in article 17, paragraph 1, to accord to refugees lawfully staying in Denmark the most favourable treatment accorded to nationals of a foreign country as regards the right to engage in wage-earning employment shall not be construed to mean that refugees shall be entitled to the privileges which in this respect are accorded to nationals of Finland, Iceland, Norway and Sweden."

Subject to a declaration made in accordance with paragraph 1 of article 2 of this Convention, excluding annex 1 from its application of the Convention.

"The Government of Denmark supports the work programme adopted during the first Assembly of the Organization in January 1959 and holds the view that it is in the field of technical and nautical matters that the Organization can make its contribution towards the development of shipping and seaborne trade throughout the world.
"If the Organization were to extend its activities to matters of purely commercial or economic nature, a situation might arise where the Government of Denmark would have to consider resorting to the provisions regarding withdrawal contained in article 59 of the Convention."

Upon signature:

“Both the Faroe Islands and Greeland are self-governing under Home Rule Acts, which implies inter alia that environmental affairs in general and the areas covered by the Protocol are governed by the right of self-determination.
Signing by Denmark of the Protocol, therefore does not necessarily mean that Danish ratification will in due course include the Faroe Islands and Greenland.”