Italie

1 December 2016

Declaration:

“... pursuant to Article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure, done at New York on 19 December 2011, the Italian Republic declares that it recognizes the competence of the Committee on the Rights of the Child to receive and consider communications in which a State party claims that another State party is not fulfilling its obligations under the instruments referred to in this Article.”

Declaration:

“… In depositing the present instrument of ratification, the Italian Republic wishes to underline that Italy understands that the Convention will be interpreted and applied in accordance with the principles of international law and, in particular, with the principles concerning the protection of human rights from serious violations. In addition, Italy states its understanding that the Convention does not apply to the activities of armed forces and their personnel, whether carried out during an armed conflict as defined by international humanitarian law, or undertaken in the exercise of their official duties.
Similarly, the Convention does not apply where there are special immunity regimes, including the ones concerning the status of armed forces and associated personnel following the armed forces, as well as immunities ratione personae. Italy understands that the express reference, in Article 3,paragraph 2, of the Convention, to Heads of State cannot be interpreted so as to exclude or affect the immunity ratione personae of other State officials according to international law...”

Declarations:

"Pursuant to article 15, paragraph 6 of the Agreement on the Privileges and Immunities of the International Criminal Court, Italy declares that tax exemption for salaries, emoluments and allowances only applies to sum paid by the International Criminal Court to eligible persons under article 15, paragraph 6; and
In accordance with article 23 of the Agreement on the Privileges and Immunities of the International Criminal Court, Italy declares that persons referred to in articles 15, 16, 18, 19 and 21 of the Agreement who are nationals or residents of Italy enjoy, while in Italy, only the privileges and immunities as required for the independent performance of his or her functions, or his or her appearance or testimony before the International Criminal Court, as laid down in article 23."

Declaration:

The Government of the Italian Republic declares, in compliance with article 3:
- That Italian legislation on voluntary recruitment provides that a minimum age of 17 years shall be required with respect to requests for early recruitment for compulsory military service or voluntary recruitment (military duty on a short-term and yearly basis);
- That the legislation in force guarantees the application, at the time of voluntary recruitment, of the provisions of article 3, paragraph 3, of the Protocol, inter alia, as regards the requirement of the consent of the parent or guardian of the recruit.

Declaration:

“With reference to article 39 b) of the Agreement, the Government of the Italian Republic retains the right to tax not only its own citizens or nationals, but also those foreign citizens who reside permanently in Italy."

Declaration:

"..., the Government of Italy recalls that as a Member of the European Community, it has transferred competence to the Community in respect of certain matters governed by the Agreement, which are specified in the Annex to this letter. Italy confirms the declarations made by the European Community upon ratification of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks."
[See declarations under “European Community”.]

Reservation :

[ Same reservation, identical in essence, mutatis mutandis, as the one made under European Community. ]

Declaration made upon signature and confirmed upon ratification:

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

Declaration made upon signature and confirmed upon ratification:

"The Italian Government [. . .] declares its understanding that the decision to be taken by the Conference of the Parties under article 21.1 of the Convention refers to the `amount of resources needed' by the financial mechanism, not to the extent or nature and form of the contributions of the Contracting Parties."

Upon signature:

"Italy declares its intention to meet the requirements of article 2.1 of the Protocol in the way specified at article 2, paragraph 2, letter ( a ) and its intention to indicate as reference year as a basis for reduction: 1990."

Declaration made on 30 March 1990 and confirmed upon ratification:

The Government of Italy declares . . . that it is in favour of the establishment of a global control system for the environmentally sound management of transboundary movements of hazardous wastes.

Declarations made upon signature and confirmed upon ratification:

"Upon signing the United Nations Convention on the Law of the Sea of 10 December 1982, Italy wishes to state that in its opinion part XI and annexes III and IV contain considerable flaws and deficiencies which require rectification through the adoption by the Preparatory Commission of the International Sea-Bed Authority and the International Tribunal for the Law of the Sea of appropriate draft rules, regulations and procedures.
Italy wishes also to confirm the following points made in its written statement dated 7 March 1983:
- - according to the Convention, the Coastal State does not enjoy residual rights in the exclusive economic zone. In particular, the rights and jurisdiction of the Coastal State in such zone do not include the right to obtain notification of military exercises or manoeuvres or to authorize them.
Moreover, the rights of the Coastal State to build and to authorize the construction operation and the use of installations and structures in the exclusive economic zone and on the continental shelf is limited only to the categories of such installations and structures as listed in art. 60 of the Convention.
- - None of the provisions of the Convention, which corresponds on this matter to customary International Law, can be regarded as entitling the Coastal State to make innocent passage of particular categories of foreign ships dependent on prior consent or notification."
Upon ratification:

"Upon depositing its instrument of ratification Italy recalls that, as Member State of the European Community, it has transferred competence to the Community with respect to certain matters governed by the Convention. A detailed declaration on the nature and extension of the competence transferred to the European Community will be made in due course in accordance with the provisions in Annex IX of the Convention.
Italy has the honour to declare, under paragraph 1(a) of article 298 of the Convention, that it does not accept any of the procedures provided for in section 2 of Part XV with respect to disputes concerning the interpretation of articles 15, 74 and 83 relating to sea boundary delimitations as well as those involving historic bays or titles.
In any case, the present declarations should not be interpreted as entailing acceptance or rejection by Italy of declarations concerning matters other than those considered in it, made by other States upon signature or ratification.
Italy reserves the right to make further declarations relating to the Convention and to the Agreement."
26 February 1997

In implementation of article 287 of the United Nations Convention on the Law of the Sea, the Government of Italy has the honour to declare that, for the settlement of disputes concerning the application or interpretation of the Convention and of the Agreement adopted on 28 July 1994 relating to the Implementation of Part XI, it chooses the International Tribunal for the Law of the Sea and the International Court of Justice, without specifying that one has precedence over the other.
In making this declaration under article 287 of the Convention on the Law of the Sea, the Government of Italy is reaffirming its confidence in the existing international judicial organs. In accordance with article 287, paragraph 4, Italy considers that it has chosen "the same procedure" as any other State Party that has chosen the International Tribunal for the Law of the Sea or the International Court of Justice.

Declaration:

The Government of Italy declares, in accordance with article 64 (3) of the Agreement Establishing the African Development Bank (Khartoum, 4 August 1963), amended by Resolution 05-09, that it retains for itself and its constitutional subdivisions the right to tax salaries and emoluments paid to citizens and residents.

Upon signature:

Declaration:
On 10 October 1980 in Geneva, the representative of Italy at the Conference speaking at the closing meeting, emphasized that the Conference, in an effort to reach a compromise between what was desirable and what was possible, had probably achieved the maximum results feasible in the circumstances prevailing at that time.
However, he observed in his statement that one of the objectives which had not been achieved at the Conference, to his Government's great regret, was the inclusion in the text of the Convention, in accordance with a proposal originated by the Federal Republic of Germany, of an article on the establishment of a consultative committee of experts competent to verify facts which might be alleged and which might constitute violations of the undertakings subscribed to.
On the same occasion, the representative of Italy expressed the wish that the proposal, which was aimed at strengthening the credibility and effectiveness of the Convention, should be reconsidered at the earliest opportunity within the framework of the mechanisms for the amendment of the Convention expressly provided for in that instrument.
Subsequently, through the representative of the Netherlands, speaking on behalf of nine States members of the European Community in the First Committee of the United Nations General Assembly on 20 November 1980, when it adopted draft resolution A/C.1/31/L.15 (subsequently adopted as General Assembly Resolution 35/153), Italy once again expressed regret that the States which had participated in the preparation of the texts of the Convention and its Protocols had been unable to reach agreement on provisions that would ensure respect for the obligations deriving from those texts.
In the same spirit, Italy - which has just signed the Convention in accordance with the wishes expressed by the General Assembly in its resolution 35/153 - wishes to confirm solemnly that it intends to undertake active efforts to ensure that the problem of the establishment of a mechanism that would make it possible to fill a gap in the Convention and thus ensure that it achieves maximum effectiveness and maximum credibility vis-à-vis the international community is taken up again at the earliest opportunity in every competent forum.

Upon signature:

Reservation:
Italy reserves the right to exercise, when depositing the instrument of ratification, the option provided for in article 19 of the Vienna Convention on the Law of Treaties of 23 May 1969.

Upon signature:

The Italian Government declares that, because of the differing interpretations to which certain formulations in the text lend themselves, Italy reserves the right, when depositing the instrument of ratification, to invoke article 19 of the Vienna Convention on the Law of Treaties of 23 May 1969 in conformity with the general principles of international law.

Declaration:

The Italian Government will apply the Convention on the Privileges and Immunities of the United Nations of 13 February 1946, in accordance with article 21, paragraph 2 (b), of the Constitution.
The Italian Government reserves the right to take into account the tax-free emoluments paid by the United Nations Industrial Development Organization (UNIDO) to its officials who are nationals or permanent residents of Italy for the purpose of calculating the amount of tax to be levied on income from other sources.

Upon signature:

Declaration:

“In accordance with the provisions of paragraph 16 (a) of the said Protocol, the Government of Italy 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:

"(a) Italy shall not be bound by part II, part IV, annex C.1, annex F, annex G and annex H;
"(b) Italy, within the framework of the European Economic Community, 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."

The Italian Government declares, in accordance with the provisions of article 2 (2) of the Convention, that the protection accorded pursuant to article 2 (1) shall be limited in its territory to a period of 25 years following the end of the year in which the satellite transmission took place.

Reservation:

1. In application of the Code of Conduct, the concept of a "national shipping line" may, in the case of a member State of the European Community, include all shipping companies established on the territory of that member State in accordance with the treaty setting up the European Economic Community.
2. (a) Without prejudice to the text of paragraph (b) of this reservation, article 2 of the Code of Conduct shall not be applied in trade carried by a conference between the member States of the Community and, on a reciprocal basis, between those States and the other OECD countries parties to the Code,
(b) The text of paragraph (a) shall not affect the opportunities for shipping lines of developing countries, as third-country shipping lines, to take part in such trade in accordance with the principles set out in article 2 of the Code, provided they have been recognized as national shipping lines under the terms of the Code and:
(i) Are already members of a conference carrying such trade, or
(ii) Have been accepted for membership of such a conference under the provisions of article 1(3) of the Code.
3. Article 3 and article 14(9) of the Code of Conduct shall not be applied in trade carried out by a conference between the member States of the Community and, on a reciprocal basis, between those countries and the other OECD countries parties to the Code.
4. In any trade to which article 3 of the Code of Conduct applies, the last sentence of the article is taken to mean that:
(a) The two groups of national shipping lines shall co-ordinate their positions before voting on matters relating to trade between their two countries;
(b) The sentence shall be applied solely to matters defined in a conference agreement as requiring the consent of the two groups of national shipping lines concerned and not to all matters covered by the conference agreement.
Declaration:

The Government of the Republic of Italy
- Will not prevent non-conference lines from operating as long as they compete with conferences on a commercial basis while adhering to the principle of fair competition, in accordance with the Resolution on non-conference lines adopted by the Conference of Plenipotentiaries;
- Confirms its intention of acting in accordance with the said Resolution."

Reservation:

In accordance with article 55, paragraph 5, of the Agreement, the Italian Government reserves for itself and its political subdivisions the right to exclude from the tax exemption for remuneration employees who are Italian nationals and aliens who are permanently resident in Italy.
Declaration:

The Italian Government hereby declares that the immunities provided for by the Agreement shall be conditional on the requirements of maintaining public order and national security.
(With regard to the above-mentioned declaration, the Secretary-General received from the Government of Italy the following clarification which has been duly acknowledged by the Bank:
"This declaration does not exclude the immunities provided for in the Agreement establishing the Caribbean Development Bank. It is only intended as a safeguard instrument in respect of Bank representatives, recognizing the Italian Government's authority and power to take exceptional measures in case of extraordinary circumstances regarding public order and national security. In those circumstances, the Government of Italy would give treatment to the Bank's representatives no less favourable than what is accorded by Italy to representatives of any other Member of the Bank as contemplated by article 54 (B) and (C) of the agreement establishing the Bank. Therefore, this declaration is not a reservation. The possibility that this declaration will ever have practical relevance is indeed very remote. In fact, it will be applicable only when extraordinary events occur during the stay in Italy of representatives of the Bank who are not citizens or nationals of Italy."

The Italian Republic ratifies the Optional Protocol to the International Covenant on Civil and Political Rights, it being understood that the provisions of article 5, paragraph 2, of the Protocol mean that the Committee provided for in article 28 of the Covenant shall not consider any communication from an individual unless it has ascertained that the same matter is not being and has not been examined under another procedure of international investigation or settlement.

.....
Article 15, paragraph 1

With reference to article 15, paragraph 1, last sentence: "If, subsequent to the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby", the Italian Republic deems this provision to apply exclusively to cases in progress.
Consequently, a person who has already been convicted by a final decision shall not benefit from any provision made by law, subsequent to that decision, for the imposition of a lighter penalty.
Article 19, paragraph 3

The provisions of article 19, paragraph 3, are interpreted as being compatible with the existing licensing system for national radio and television and with the restrictions laid down by law for local radio and television companies and for stations relaying foreign programmes.

Declaration made upon signature and confirmed upon ratification:

(a) The positive measures, provided for in article 4 of the Convention and specifically described in sub-paragraphs (a) and (b) of that article, designed to eradicate all incitement to, or acts of, discrimination, are to be interpreted, as that article provides, "with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5" of the Convention. Consequently, the obligations deriving from the aforementioned article 4 are not to jeopardize the right to freedom of opinion and expression and the right to freedom of peaceful assembly and association which are laid down in articles 19 and 20 of the Universal Declaration of Human Rights, were reaffirmed by the General Assembly of the United Nations when it adopted articles 19 and 21 of the International Covenant on Civil and Political Rights, and are referred to in articles 5 (d) (viii) and (ix) of the Convention. In fact, the Italian Government, in conformity with the obligations resulting from Articles 55 (c) and 56 of the Charter of the United Nations, remains faithful to the principle laid down in article 29 (2) of the Universal Declaration, which provides that "in the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society."
(b) Effective remedies against acts of racial discrimination which violate his individual rights and fundamental freedoms will be assured to everyone, in conformity with article 6 ofthe Convention, by the ordinary courts within the framework of their respective jurisdiction. Claims for reparation for any damage suffered as a result of acts of racial discrimination must be brought against the persons responsible for the malicious or criminal acts which caused such damage.

"The Italian Government, pursuant to article 56, paragraph 2, of the Agreement, retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Bank to Italian citizens employed in offices of the Bank that might be set up in Italy or performing any activities in Italy on behalf of the Bank.
"On the occasion of the deposit of the instrument of ratifica- tion, the Permanent Representative of Italy to the United Nations, on the instructions of the Minister for Foreign Affairs of Italy, has made the following observations:
"The Italian Government considers that paragraph 1 of article 56 is to be construed in the light of current practice concerning exemption of international organizations from taxation. According to such practice, relief from taxation is granted to international organizations only in respect of articles acquired in pursuance of the official activities of an organization and, in the case of internal indirect taxes, only for substantial purchases where it is reasonably practicable to allow such relief.
"The Italian Government considers that the provision of article 50, paragraph 1, concerning immunity from jurisdiction is to be construed within the limits in which such immunity is provided by international law.
"[The Permanent Representative also has] the honour to inform your Excellency that it is the intention of the Italian Government to seek from the Asian Development Bank an understanding to the effect that the special procedure to be provided for pursuant to paragraph 2 of article 50 of the by-laws and regulations of the Bank or in contracts entered into with the Bank should not be of prejudice to the jurisdiction of Italian Courts with respect to any claims put forward by private parties."

With reference to the provision contained in article 36, paragraph 1 (c), of the Convention on Consular Relations, the Italian Government considers that the right of a consular official to visit nationals of his State who are for any reason held in custody and to act on their behalf may not be waived, inasmuch as it is embodied in general law. The Italian Government will therefore act on the basis of reciprocity.

(1) With regard to article 6, paragraph 1, and in accordance with article 6, paragraph 2, of the Convention: Italy will protect broadcasts only if the headquarters of the broadcasting organiz- ation is situated in another Contracting State and the broadcast was transmitted from a transmitter situated in the same Contracting State;
(2) With regard to article 12 and in accordance with article 16, paragraph 1 (a), of the Convention:
(a) Italy will apply the provisions of article 12 to use for broadcasting or for any other communication to the public for commercial purposes, with the exception of cinematography;
(b) It will apply the provisions of article 12 only to pho- nograms fixed in another Contracting State;
(c) With regard to phonograms fixed in another Con- tracting State, it will limit the protection provided for by article 12 to the extent to which, and to the term for which, that Contracting State grants protection to phonograms first fixed in Italy; however, if that State does not grant the protection to the same beneficiary or beneficiaries as Italy, that fact will not be considered as a difference in the extent of the protection.
(3) With regard to article 13 and in accordance with article 16, paragraph 1 (b), of the Convention: Italy will not apply the provisions of article 13 (d);
(4) With regard to article 5 and in accordance with article 17 of the Convention, Italy will apply only the criterion of fixation for the purposes of article 5; the same criterion, instead of the criterion of nationality, will be applied for the purposes of the declarations provided for in article 16, paragraph 1 (a) (iii) and (iv), of the Convention.

Declaration:

At the time of the deposit of the instrument of accession, the [Italian] Government avails itself of the right provided for under article 8, paragraph 3, of the Convention…

The Government of the Republic of Italy, beside exercising control for the purposes of article 24, paragraph 1 in the zone of the high seas contiguous to the territorial sea, reserves the right to exercise surveillance within the belt of sea extending twelve nautical miles from the coast for the purpose of preventing and punishing infringements of the customs regulations in whatever point of this belt such infringements may be committed.

does not consider itself bound by article 10 of the Agreement.

The provisions of articles 17 and 18 are recognized as recommendations only.

"In acceding to the Convention on the Political Rights of Women, done at New York on 31 March 1953, the Italian Government declares that it reserves its rights to apply the provisions of Art. III as far as service in the armed forces and in special armed corps is concerned within the limits established by national legislation."

. . . In exercise of the right accorded to it by article 13, paragraph 2, of the said Convention, the Government of Italy desires that, in the case of letters of request concerning narcotic drugs, the procedure hitherto followed in previous relations with the other Contracting States should continue to be used and, failing that, the diplomatic channel, provided, however, that the method specified in article 13, paragraph 1, sub-paragraph (c) should be adopted in cases of emergency.

Declaration:

Pending adoption of the Headquarters Agreement, article 13, paragraphs 2 and 9, of the Statutes, will be implemented within the limits established by applicable norms of the Italian legal system.

The Permanent Representative of Italy wishes to notify the Secretary-General that the Italian Government intends to enter specific reservations to the Convention on depositing its instrument of ratification.