Luxembourg

Declaration made upon signature and confirmed upon ratification:

[The] Government of the Grand Duchy of Luxembourg, on signing this Agreement, declares that the obligations arising therefrom in no way affect the commitments assumed by Luxembourg by virtue of its membership in the European Union.

25 January 2013

Declaration:

The Government of the Grand Duchy of Luxembourg declares, in accordance with article 3 of the Protocol, that by law the minimum age for voluntary recruitment into the Armed Forces of Luxembourg is 18 years of age.

Declaration:

Pursuant to article 2, paragraph 2, subparagraph (a), of the Convention, Luxembourg declares that when the Convention is applied to it, the treaties listed in the annex which have not yet been ratified by Luxembourg shall be deemed not to appear in the annex.
As at the date of ratification of the Convention, the following treaties listed in the annex had been ratified by Luxembourg:
Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague, on 16 December 1970;
Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal, on 23 September 1971;
International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations, on 17 December 1979;
Convention on the Physical Protection of Nuclear Material, adopted in Vienna on 3 March 1980.

Declaration:

Article 3, paragraph 5, of [the Protocol], provides that each Party shall reduce its total annual emissions of each of the substances listed in annex III from the level of the emission in a reference year set in accordance with that annex. Annex III sets as the reference year 1990, or an alternative year from 1985 to 1995 inclusive specified by a Party upon ratification, acceptance, approval or accession.
[The Government of Luxembourg hereby declares] that the Grand Duchy of Luxembourg intends to choose 1990 as the reference year.

Declaration:

Article 3, paragraph 1, of [the Protocol], provides that each Party shall reduce its total annual emissions into the atmosphere of each of the heavy metals listed in annex I from the level of the emission in the reference year set in accordance with that annex. Annex I sets as the reference year 1990, or an alternative year from 1985 to 1995 inclusive specified by a Party upon ratification, acceptance, approval or accession.
[The Governnment of Luxembourg hereby declares] that the Grand Duchy of Luxembourg intends to choose 1990 as the reference year.

Reservation:

To the extent to which certain provisions of the Tampere Convention on the Provision of Telecommunications Resources for Disaster Mitigation and Relief Operations fall within the area of responsibility of the European Community, the full implementation of the Convention by Luxembourg has to be done in accordance with the procedures of this international organisation.

Declaration:

... [As a ] member of the European Community, Luxembourg has transferred competence with regard to the matters governed by this Agreement to the European Community.
[Luxembourg has] the honour to confirm, ... , the declaration concerning the competence of the European Community with regard to all the matters governed by 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, included in annex B, as well as the delcarations made by the European Community regarding the ratification of the aforementioned Agreement, included in annex C.
[See declarations under “European Community”.]

Declaration made upon signature and confirmed upon ratification:

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

Upon signature:

Luxembourg undertakes to reduce its national annual emissions of VOCs by at least 30 per cent by the year 1999, using 1990 levels as a basis (article 2, paragraph 2 ( a )).

Reservations:

1) The Government of Luxembourg believes that it is in the interest of families and children to maintain the provision of article 334-6 of the Civil Code, which reads as follows:
Article 334-6. If at the time of conception, the father or mother was bound in marriage to another person, the natural child may be raised in the conjugal home only with the consent of the spouse of his parent.
2) The Government of Luxembourg declares that the present Convention does not require modification of the legal status of children born to parents between whom marriage is absolutely prohibited, such status being warranted by the interest of the child, as provided under article 3 of the Convention.
3) The Government of Luxembourg declares that article 6 of the present Convention presents no obstacle to implementation of the provisions of Luxembourg legislation concerning sex information, the prevention of back-street abortion and the regulation of pregnancy termination.
4) The Government of Luxembourg believes that article 7 of the Convention presents no obstacle to the legal process in respect of anonymous births, which is deemed to be in the interest of the child, as provided under article 3 of the Convention.
5) The Government of Luxembourg declares that article 15 of the present Convention does not impede the provisions of Luxembourg legislation concerning the capacity to exercise rights.

Interpretative declaration:

Article l

The Grand Duchy of Luxembourg hereby declares that the only "lawful sanctions" that it recognizes within the meaning of article 1, paragraph 1, of the Convention are those which are accepted by both national law and international law.

Upon signature:

The Government of the Grand Duchy of Luxembourg has decided to sign the United Nations Convention on the Law of the Sea because it represents, in the context of the law of the sea, a major contribution to the codification and progressive development of international law.
Nevertheless, in the view of the Government of Luxembourg, certain provisions of Part XI and Annexes III and IV of the Convention are marred by serious shortcomings and defects which, moreover, explain why it was not possible to reach a consensus on the text at the last session of the Third Conference on the Law of the Sea, held in New York in April 1982.
These shortcomings and defects concern, in particular, the mandatory transfer of technology and the cost and financing of the future Sea-Bed Authority and the first mine site of the Enterprise. They will have to be rectified by the rules, regulations and procedures to be drawn up by the Preparatory Commission. The Government of Luxembourg recognizes that the work remaining to be done is of great importance and hopes that it will be possible to reach agreement on the modalities for operating a sea-bed mining régime that will be generally acceptable and therefore conducive to promoting the activities of the international zone of the sea-bed.
As the representatives of France and the Netherlands pointed out two years ago, [the Government of Luxembourg] wishes to make it abundantly clear that, notwithstanding its decision to sign the Convention today, the Grand Duchy of Luxembourg is not here and now determined to ratify it.
It will take a separate decision on this point, at a later date, which will take account of what the Preparatory Commission has accomplished to make the international régime of the sea-bed acceptable to all.
[The Government of Luxembourg] also wishes to recall that Luxembourg is a member of the European Economic Community and, by virtue thereof, has transferred to the Community powers in certain ars covered by the Convention. Detailed declarations on the nature and extent of the powers transferred will be made in due course, in accordance with the provisions of Annex IX of the Convention.
Like other members of the Community, the Grand Duchy of Luxembourg also reserves its position on all declarations made at the final session of the Third United Nations Conference on the Law of the Sea, at Montego Bay, that may contain elements of interpretation concerning the provisions of the United Nations Convention on the Law of the Sea.
Declaration under article 287

In accordance with article 287, paragraph 1, of the United Nations Convention on the Law of the Sea, the Grand Duchy of Luxembourg declares that it accepts the jurisdiction of the International Tribunal for the Law of the Sea for the settlement of disputes concerning the interpretation or application of the Convention.

Upon signature:

Declaration:

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

The Government of Luxembourg will not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H of the Protocol and 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.

Declaration:

Luxembourg courts are competent to apply the Convention, and Luxembourg criminal law applies to the crimes referred to in article 2 of the Convention when the alleged offender is in Luxembourg territory and has not been extradited to another State, regardless of the nationality of the alleged offender and the place where the crime was perpetrated.

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

With regard to the provisions of article 10, paragraph 6:
The advance warning sign for sign B, 2a shall be sign B, 1, supplemented by a rectangular panel bearing the word "Stop" and a figure indicating the distance to sign B, 2a.
With regard to the provisions of article 23, paragraph 7:
Red or yellow arrows shall be used on a black circular background.

Declaration:

"The Grand Duchy of Luxembourg accedes to the Optional Protocol to the International Covenant on Civil and Political Rights, on the understanding that the provisions of article 5, paragraph 2, of the Protocol mean that the Committee established by article 28 of the Covenant shall not consider any communications from an individual unless it has ascertained that the same matter is not being examined or has not already been examined under another procedure of international investigation or settlement."

"(a) The Government of Luxembourg considers that article 10, paragraph 3, which provides that juvenile offenders shall be segregated from adults and accorded treatment appropriate to their age and legal status, refers solely to the legal measures incorporated in the system for the protection of minors, which is the subject of the Luxembourg youth welfare act. With regard to other juvenile offenders falling within the sphere of ordinary law, the Government of Luxembourg wishes to retain the option of adopting measures that might be more flexible and be designed to serve the interests of the persons concerned."
"(b) The Government of Luxembourg declares that it is implementing article 14, paragraph 5, since that paragraph does not conflict with the relevant Luxembourg legal statutes, which provide that, following an acquittal or a conviction by a court of first instance, a higher tribunal may deliver a sentence, confirm the sentence passed or impose a harsher penalty for the same crime. However, the tribunal's decision does not give the person declared guilty on appeal the right to appeal that conviction to a higher appellate jurisdiction."
The Government of Luxembourg further declares that article 14, paragraph 5, shall not apply to persons who, under Luxembourg law, are remanded directly to a higher court or brought before the Assize Court."
"(c) The Government of Luxembourg accepts the provision in article 19, paragraph 2, provided that it does not preclude it from requiring broadcasting, television and film companies to be licensed."
"(d) The Government of Luxembourg declares that it does not consider itself obligated to adopt legislation in the field covered by article 20, paragraph 1, and that article 20 as a whole will be implemented taking into account the rights to freedom of thought, religion, opinion, assembly and association laid down in articles 18, 19 and 20 of the Universal Declaration of Human Rights and reaffirmed in articles 18, 19, 21 and 22 of the Covenant."
1 December 2004*

The Government of Luxembourg declares that it is implementing article 14, paragraph 5, since that paragraph does not conflict with the relevant Luxembourg legal statutes, which provide that, following an acquittal or a conviction by a court of first instance, a higher tribunal may deliver a sentence, confirm the sentence passed or impose a harsher penalty for the same crime. However, the tribunal's decision does not give the person declared guilty on appeal the right to appeal that conviction to a higher appellate jurisdiction.
The Government of Luxembourg further declares that article 14, paragraph 5, shall not apply to persons who, under Luxembourg law, are remanded directly to a higher court.
* [Within a period of 12 months from the date of circulation of the depositary notification (i.e. 1 December 2003), none of the Contracting States to the above Covenant notified the Secretary-General of an objection. Consequently the modified reservation is deemed to have been accepted for deposit upon the expiration of the 12-month period, i.e., on 1 December 2004.]

declares that it accepts Protocol No. 1 concerning Rights in rem in Inland Navigation Vessels, and Protocol No. 2 concerning Attachment and Forced Sale of Inland Navigation Vessels.

1. With regard to the protection of producers of phono- grams, Luxembourg will not apply the criterion of publication but only the criteria of nationality and fixation, in accordance with article 5, paragraph 3, of the Convention.
2. With regard to the protection of phonograms, in accord- ance with article 16, paragraph 1 (a) (i), of the Convention, Lux- embourg will not apply any of the provisions of article 12.
3. With regard to broadcasting organizations, in accord- ance with article 16, paragraph 1 (b), of the Convention, Luxembourg will not apply the protection envisaged in article 13 (d) against communication to the public of their television broad casts.

Except where otherwise expressly provided for in the arbitration agreement, the presiding judges of the local courts shall assume the functions entrusted to the presidents of the chambers of commerce under article IV of the Convention. The presiding judges shall hear the disputes in chambers.

18 January 1965

With reference to the reservation and declaration made by the Governments of the Byelorussian Soviet Socialist Republic, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics upon ratification of the Convention, the Government of Luxembourg regrets that it cannot accept that reservation or that declaration which tends to modify the effect of certain provisions of the Convention.
25 October 1965

With reference to the statement made by the Government of Hungary upon ratification of the Convention, the Government of Luxembourg regrets that it cannot accept this declaration.

Declaration:

The Convention is applied on the basis of reciprocity to the recognition and enforcement of only those arbitral awards made in the territory of another Contracting State.

Upon signature:

Subject to the following reservation: in all cases where this Convention grants to refugees the most favourable treatment accorded to nationals of a foreign country, this provision shall not be interpreted as necessarily involving the régime accorded to nationals of countries with which the Grand Duchy of Luxembourg has concluded regional, customs, economic or political agreements.
15 November 1984

Interpretative statement:

The Grand Duchy of Luxembourg considers that the reservation made by the Republic of Guatemala concerning the Convention relating to the Status of Refugees of 28 July 1951 and the Protocol relating to the Status of Refugee of 31 January 1967 does not affect the obligations of Guatemala deriving from those instruments.

The Government of Luxembourg envisages the possibility, on depositing the instrument of ratification of the Convention on Transit Trade of Land-locked States, of entering a reservation relating to its membership in regional economic unions or common markets.