Австрия

Declaration made upon ratification:

“In accordance with Article 70 and Article 10, paragraph 1, of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, the Republic of Austria declares the exception to exclude retroactive application as set out in the second sentence of Article 10, paragraph 1, of the Agreement. Therefore, the provisions of the Agreement shall apply for the Republic of Austria 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 the Agreement for the Republic of Austria.”

Declaration:

“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.”

Declaration:

“In accordance with Article 23 of the Agreement, the Republic of Austria declares that persons referred to in this article who are Austrian nationals or permanent residents of Austria shall, in the territory of the Republic of Austria, enjoy only the privileges and immunities referred to in this article.”

Declaration:

“The Republic of Austria declares in accordance with Article 18 paragraph 2 of the Convention that it accepts both of the means of dispute settlement mentioned in paragraph 2 as compulsory in relation to any party accepting an obligation concerning one or both of these means of dispute settlement.”

Declaration:

The Agreement applies to the Danube (including the Vienna Danube channel), the March, the Enns and the Traun, as well as their arms, side-channels, ports and branches. The Agreement shall not apply to the following:
1. The New Danube (bypass channel) from the inlet (km 1,938.06) to Weir II (km 1,918.30);
2. Greiffenstein barrage weir: the section of the old Danube arm above the sill (km 1,948.89,right bank);
3. Altenwörth barrage weir: the section of the old Danube arm above the sill (km 1,979.55, left bank);
4. Melk barrage weir: the section of the left-bank old Danube arm above the sill (km 2,037.30, left bank), as well as the section of the Melk old Danube arm above the sill (km 2,035.70, right bank);
5. Abwinden barrage weir: the section of the old Danube arm above the sill (km 2,120.40, left bank);
6. The Enns from km 2.7;
7. The Traun from km 1.8;
8. The March from km 6;
9. Any other waters to which reference has not been made.

Declaration:

Under Austrian law the minimum age for the voluntary recruitment of Austrian citizens into the Austrian army (Bundesheer) is 17 years.
According to paragraph 15, in conjunction with paragraph 65 (c) of the Austrian National Defence Act 1990 (Wehrgesetz 1990), the explicit consent of parents or other legal guardians is required for the voluntary recruitment of a person between 17 and 18 years.
The provisions of the Austrian National Defence Act 1990, together with the subjective legal remedies guaranteed by the Austrian Federal Constitution, ensure that legal protection in the context of such a decision is afforded to volunteers under the age of 18. A further guarantee derives from the strict application of the principles of rule of law, good governance and effective legal protection.

Declaration:

"The Republic of Austria declares in accordance with Article 20 (2) of the Convention that it accepts both of the means of dispute settlement mentioned in Paragraph 2 as compulsory in relation to any party accepting an obligation concerning one or both of these means of dispute."

Declaration:

“The Republic of Austria declares in accordance with article 16 (2) of the Convention that it accepts both of the means of dispute settlement mentioned in paragraph 2 as compulsory in relation to any party accepting an obligation concerning one or both of these means of dispute settlement."

Declarations:

“The Republic of Austria declares in accordance with Article 3 Paragraph 5 (a) and Annex III of the Protocol the year 1987 as a reference year for the obligations of this Paragraph.
The Republic of Austria declares in accordance with Article 12 of the Protocol that it accepts both of the means of dispute settlement mentioned in Paragraph 2 as compulsory in relation to any party accepting an obligation concerning one or both of these means of disputes settlement.”

Declaration:

“The Republic of Austria declares in accordance with Article 3 paragraph 1 and Annex 1 of the Protocol the year 1985 as a reference year for the obligations of this Paragraph.
The Repbulic of Austria declares in accordance with Article 11 of the Protocol that it accepts both the means of dispute settlement mentioned in Paragraph 2 as compulsroy in relation to any party accepting an obligation concerning one or both of these means of dispute settlement.”

“In accordance with article 11 of the Agreement, the Republic of Austria declares that it does not consider itself bound by article 10 of this Agreement.”

Declarations:

"Declaration concerning the competence of the Republic of Austria with regard to matters governed by the Agreement on 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.
The Republic of Austria declares upon ratification of the Agreement on 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 that she has, as a Member State of the European Community, transferred competence to the Community in respect of the following matters governed by the Agreement:
I. Matters for which the Community has exclusive competence
1. Member States have transferred competence to the Community with regard to the conservation and management of living marine resources. Hence, in this field, it is for the Community to adopt the relevant rules and regulations (which the Member States enforce) and within its competence to enter into external undertakings with third States or competent organisations. This competence applies in regard of waters under national fisheries jurisdiction and to the high seas.
2. The Community enjoys the regulatory competence granted under international law to the flag State of a vessel to determine the conservation and management measures for marine fisheries resources applicable to vessels flying the flag of Member States and to ensure that Member States adopt provisions allowing for the implementation of the said measures.
3. Nevertheless, measures applicable in respect of masters and other officers of fishing vessels, for example refusal, withdrawal or suspension of authorisations to serve as such, are within the competence of the Member States in accordance with their national legislation. Measures relating to the exercise of jurisdiction by the flag State over its vessels on the high seas, in particular provisions such as those related to the taking and relinquishing of control of fishing vessels by States other than the flag State, international cooperation in respect of enforcement and the recovery of the control of their vessels, are within the competence of the Member States in compliance with Community law.
II. Matters for which both the Community and its Member States have competence
4. The Community shares competence with its Member States on the following matters governed by this Agreement: requirements of developing States, scientific research, port-State measures and measures adopted in respect of non-members of regional fisheries organisations and non-Parties to the Agreement. The following provisions of the Agreement apply both to the Community and to its Member States:
- general provisions: (articles 1, 4, and 34 to 50)
- dispute settlement: (Part VIII)."
Interpretative Declarations by the Republic of Austria with regard to the Agreement on 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
1. The Republic of Austria understands that the terms ‘geographical particularities', ‘specific characteristics of the sub-region or region', ‘socioeconomic geographical and environment factors', ‘natural characteristics of that sea' or any other similar terms employed in reference to a geographical region do not prejudice the rights and duties of States under international law.
2. The Republic of Austria understands that no provision of this Agreement may be interpreted in such a way as to conflict with the principle of freedom of the high seas, recognised by international law.
3. The Republic of Austria understands that the term ‘States whose nationals fish on the highll not provide any new grounds for jurisdiction based on the nationality of persons involved in fishing on the high seas rather than on the principle of flag State jurisdiction.
4. The Agreement does not grant any State the right to maintain or apply unilateral measures during the transitional period as referred to in article 21 (3). Thereafter, if no agreement has been reached, States shall act only in accordance with the provisions provided for in articles 21 and 22 of the Agreement.
5. Regarding the application of article 21, the Republic of Austria understands that, when a flag State declares that it intends to exercise its authority, in accordance with the provisions in article 19, over a fishing vessel flying its flag, the authorities of the inspecting State shall not purport to exercise any further authority under the provisions of article 21 over such a vessel. Any dispute related to this issue shall be settled in accordance with the procedures provided for in Part VIII of the Agreement. No State may invoke this type of dispute to remain in control of a vessel which does not fly its flag. In addition, the Republic of Austria considers that the word ‘unlawful' in article 21 (18) of the Agreement should be interpreted in the light of the whole Agreement, and in particular, articles 4 and 35 thereof.
6. The Republic of Austria reiterates that all States shall refrain in their relations from the threat or use of force in accordance with general principles of international law, the United Nations Charter and the United Nations Convention on the Law of the Sea. In addition, the Republic of Austria underlines that the use of force as referred to in article 22 constitutes an exceptional measure which must be based on the strictest compliance with the principle of proportionality and that any abuse thereof shall imply the international liability of the inspecting State. Any case of non-compliance shall be resolved by peaceful means and in accordance wi the applicable dispute-settlement procedures. Furthermore, the Republic of Austria considers that the relevant terms and conditions for boarding and inspection should be further elaborated in accordance with the relevant principles of international law in the framework of the appropriate regional and subregional fisheries management organisations and arrangements.
7. The Republic of Austria understands that in the application of the provisions of article 21 (6), (7) and (8), the flag State may rely on the requirements of its legal system under which the prosecuting authorities enjoy a discretion to decide whether or not to prosecute in the light of all the facts of a case. Decisions of the flag State based on such requirements shall not be interpreted as failure to respond or to take action."
Confirmation by the Republic of Austria of the declarations made by the European Community upon ratification of the Agreement for the implementing 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
The Republic of Austria hereby confirms the declarations made by the European Community upon ratification of the Agreement for the implementing 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,... :"
[See declarations under “European Community”.]

Declaration:

"The Republic of Austria declares in accordance with article 28 of the Convention that it accepts both of the means of dispute in paragraph 2 as compulsory in relation to any Party accepting an obligation concerning one or both of these means of dispute settlement."

Upon signature:

Declaration:

"Austria declares that it understands the provisions of its article 7 paragraph 2 to signify with regard to its own position that pending parliamentary approval of the Convention and of the Agreement and their subsequent ratification it will have access to the organs for the International Sea-Bed authority."

Declaration:

“The Republic of Austria declares, in accordance with paragraph 2 of article 9 of the Protocol that it accepts both of the means of dispute settlement mentioned in this paragraph as compulsory in relation to any Party accepting an obligation concerning one or both of these means of dispute settlement.”

Reservation :

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

Declaration:

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

Declaration:

"The Republic of Austria declares in accordance with article 27, paragraph 3 of the Convention that it accepts both of the means of dispute settlement mentioned in this paragraph as compulsory in relation to any Party accepting an obligation concerning one or both of these means of dispute settlement."

Declaration:

"The Republic of Austria declares in accordance with article 21 paragraph 2 of the Convention to accept both of the means of the settlement of disputes mentioned in this paragraph as compulsory in relation to any Party accepting one or both of these means of settlement of disputes as compulsory."

Declaration:

"The Republic of Austria declares in accordance with article 22 paragraph 2 of the Convention, that it accepts both of the means of dispute settlement mentioned in this paragraph as compulsory in relation to any Party accepting an obligation concerning one or both these means of dispute settlement."

Declaration made upon signature and confirmed upon ratification:

"With regard to article 2 (basic obligations) Austria declares to be bound by the provisions of paragraph 2 ( a ). Furthermore, Austria chooses the year 1988 as a base year with respect to paragraph 2 ( a )."

Declaration:

"The Republic of Austria declares in accordance with article 15 paragraph 2 of the Convention that it accepts both of the means of dispute settlement mentioned in this paragraph as compulsory in relation to any Party accepting an obligation concerning one or both of these means of dispute settlement."

Declarations:

"re. Art. 2:
The Republic of Austria interprets the reference to the fundamental provisions of domestic legislative systems in art. 2 para 1 in the sense that the contents of these fundamental provisions may be subject to change. The same applies to all other references of the Convention to domestic law, its fundamental principles or the national constitutional order like they are contained in art. 3 para 1 lit.c; para 2, para 10 and para 11; art. 5 para 4 lit.c; para 7 and para 9 or art. 11 para 1.
re. Art. 3:
The Republic of Austria interprets art. 3 para 1 and 2 as follows: In cases of a minor nature, the obligations contained in this provision may also be implemented by the creation of administrative penal regulations providing adequate sanction for the offences enumerated therein.
re. Art. 7 para 10 to 12 :
The Republic of Austria declares that in pursuance of its domestic law, a request for the search of persons or rooms, for the seizure of objects or for the surveillance of telecommunication requires the enclosure of the certified copy or photocopy of the decision of the competent authority. If the decision has not been rendered by a court, a declaration of the authority requesting legal assistance has to be furnished, stating that all necessary preconditions are fulfilled, according to the law of the requesting state."

Declaration:

"Declaration in respect of Article 8 of the European Agreement on Main International Railway Lines (AGC):
The Federal Government of the Republic of Austria declares herewith in accordance with Article 9 of the European Agreement on Main International Railway Lines (AGC) that the Republic of Austria does not consider herself bound by the provisions of Article 8 of the AGC.
The topographic conditions in Austria do not permit a complete adherence to the parameter "nominal minimum speed" of 160 kph on existing lines and of 250 kph on new lines to be built. Also, when considering the optimal use of resources available for the improvement of railroad infrastructure and the prioritary goal of the lines capacity, the parameter of a "nominal minimum speed" of 250 kph cannot be upheld for all new lines."

Declaration:

“...
2. Austria regards article 15 as the legal basis for the inadmissibility provided for therein of the use of statements which are established to have been made as a result of torture.”

Declarations:

"In the absence of any other peaceful means to which it would give preference the Government of the Republic of Austria hereby chooses one of the following means for the settlement of disputes concerning the interpretation or application of the two Conventions in accordance with article 287 of the [said Convention], in the following order:
1. The international Tribunal for the Law of the Sea established in accordance with Annex VI;
2. A special arbitral tribunal constituted in accordance with Annex VIII;
3. The International Court of Justice.
Also in the absence of any other peaceful means, the Government of the Republic of Austria hereby recognizes as of today the validity of special arbitration for any dispute concerning the interpretation or application of the Convention on the Law of the Sea relating to fisheries, protection and preservation of the marine environment, marine scientific research and navigation, including pollution from vessels and by dumping."

Reservation:

"Considering the obligations resulting from its status as a permanently neutral state, the Republic of Austria declares a reservation to the effect that its co-operation within the frame work of this Convention cannot exceed the limits determined by the Status of permanent neutrality and membership with the United Nations."

Declaration:

"Austria shall not be bound by Part II, Annex C.1, Annex F, Annex G and Annex H."

Reservation:

"Paragraph 6 of the Annex to the Protocol on Road Markings Additional to the European Agreement Supplementing the Convention on Road Signs and Signals (referring to article 29 of the Convention) is applied with the exception of the provision under paragraph 2 according to which road markings have to be white."

Reservation:

"Paragraph 18 of the Annex to the European Agreement supplementing the Convention on Road Traffic (referring to article 23 of the Convention) is applied with the exception of the provision under paragraph 3 (a) (i), according to which any halting or parking of a vehicle on the road is prohibited within a distance of less than 5 m before a pedestrian crossing."

Declaration:

"The Republic of Austria interprets Art. 22 as follows: In cases of a minor nature, the obligations contained in this provision may also be implemented by the creation of administrative penal regulations providing adequate sanction for the offences enumerated therein."

Reservations:
"1. Article 10 (6) of the Convention on Road Signs and Signals is applied with the exception that the sign B, 2a is announced in advance by the sign B, 1 supplemented by a rectangular panel bearing the symbol "STOP" and a figure indicating the distance to sign B, 2a.
"2. Article 23 (1) (a) (i), article 23 (2) and article 23 (3) of the Convention on Road Signs and Signals are applied with the exception that the green light may also be flashing. The flashing of the green light signifies that the green phase will end immediately.
"3. Paragraph 6 (signs E, 19 and E, 20) of Annex 5, section F of the Convention on Road Signs and Signals is not applied."

"On the understanding that, further to the provisions of article 5 (2) of the Protocol, the Committee provided for in Article 28 of the Covenant shall not consider any communication from an individual unless it has been ascertained that the same matter has not been examined by the European Commission on Human Rights established by the European Convention for the Protection of Human Rights and Fundamental Freedoms."

1. Article 12, paragraph 4, of the Covenant will be applied provided that it will not affect the Act of April 3, 1919, State Law Gazette No. 209, concerning the Expulsion and the Transfer of Property of the House of Habsburg-Lorraine as amended by the Act of October 30, 1919, State Law Gazette No. 501, the Federal Constitutional Act of July 30, 1925, Federal Law Gazette No. 292, and the Federal Constitutional Act of January 26, 1928, Federal Law Gazette No. 30, read in conjunction with the Federal Constitutional Act of July 4, 1963, Federal Law Gazette No. 172.
2. Article 9 and article 14 of the Covenant will be applied provided that legal regulations governing the proceedings and measures of deprivation of liberty as provided for in the Administrative Procedure Acts and in the Financial Penal Act remain permissible within the framework of the judicial review by the Federal Administrative Court or the Federal Constitutional Court as provided by the Austrian Federal Constitution.
3. Article 10, paragraph 3, of the Covenant will be applied provided that legal regulations allowing for juvenile prisoners to be detained together with adults under 25 years of age who give no reason for concern as to their possible detrimental influence on the juvenile prisoner remain permissible.
4. Article 14 of the Covenant will be applied provided that the principles governing the publicity of trials as set forth in article 90 of the Federal Constitutional Law as amended in 1929 are in no way prejudiced and that
(a) paragraph 3, sub-paragraph (d) is not in conflict with legal regulations which stipulate that an accused person who disturbs the orderly conduct of the trial or whose presence would impede the questioning of another accused person, of a witness or of an expert can be excluded from participation in the trial;
(b) paragraph 5 is not in conflict with legal regulations which stipulate that after an acquittal or a lighter sentence passed by a court of the first instance, a higher tribunal may pronounce conviction or a heavier sentence for the same offence, while they exclude the convicted person's right to have such conviction or heavier sentence reviewed by a still higher tribunal;
(c) paragraph 7 is not in conflict with legal regulations which allow proceedings that led up to a person's final conviction or acquittal to be reopened.
5. Articles 19, 21 and 22 in connection with article 2 (1) of the Covenant will be applied provided that they are not in conflict with legal restrictions as provided for in article 16 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
6. Article 26 is understood to mean that it does not exclude different treatment of Austrian nationals and aliens, as is also permissible under article 1, paragraph 2, of the International Convention on the Elimination of All Forms of Racial Discrimination.

"Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination provides that the measures specifically described in sub-paragraphs (a), (b) and (c) shall be undertaken 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. The Republic of Austria therefore considers that through such measures the right to freedom of opinion and expression and the right to freedom of peaceful assembly and association may not be jeopardized. These rights are laid down in articles 19 and 20 of the Universal Declaration of Human Rights; they 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 article 5 (d) (viii) and (ix) of the present Convention."

1. Austria accepts Protocol No. 1 annexed to the Conven- tion concerning the Rights in rem in Inland Navigation Vessels.
2. Austria accepts Protocol No. 2 annexed to the Conven- tion concerning Attachment and Forced Sale of Inland Naviga- tion Vessels.

1. In accordance with article 16, paragraph 1 (a) (iii), of the Convention, Austria will not apply the provisions of article 12 in respect of phonograms the producer of which is not a national of a Contracting State;
2. In accordance with article 16, paragraph 1 (a) (iv), of the Convention, [. . .], as regards phonograms the producer of which is a national of another Contracting State, Austria will limit the protection provided for by article 12 to the extent to which, and to the term for which the latter State grants protection to phonograms first fixed by an Austrian national;
3. In accordance with article 16, paragraph 1 (b), of the Convention, Austria will not apply article 13 (d).

Declarations concerning article 8, paragraph 3 (a), (i) and (ii):

"Austria declares to retain the right to deprive a person of his nationality, if such person enters, on his own free will, the military service of a foreign State.
"Austria declares to retain the right to deprive a person of his nationality, if such person being in the service of a foreign State, conducts himself in a manner seriously prejudicial to the interests or to the prestige of the Republic of Austria."

"The Republic of Austria interprets article 36, paragraph 1, as follows: The obligation of the Party contained therein may also be implemented by administrative regulations providing adequate sanction for the offences enumerated therein."

[The Government of Austria] considers the German text as authentic, in accordance with article 19 of the Convention.

"The accession of the Republic of Austria covers only the Agreement itself. The Republic of Austria is therefore not bound by any of the Regulations annexed to the Agreement."

Reservation:
The Republic of Austria shall only be bound by Article 27 insofar as it applies to stateless persons lawfully in the territory of the Republic of Austria.
Declaration:
The Republic of Austria will fulfil its obligation under Article 28 by issuing alien passports to stateless persons lawfully staying in its territory.

The Convention is ratified:
(a) Subject to the reservation that the Republic of Austria regards the provisions of article 17, paragraphs 1 and 2 (excepting, however, the phrase "who was already exempt from them at the date of entry into force of this Convention for the Contracting State concerned, or . . ." in the latter paragraph) not as a binding obligation, but merely as a recommendation.
(b) Subject to the reservation that the provisions of article 22, paragraph 1, shall not be applicable to the establishment and maintenance of private elementary schools, that the "public relief and assistance" referred to in article 23 shall be interpreted solely in the sense of allocations from public welfare funds ( Armenversorgung) , and that the "documents or certifications" referred to in article 25, paragraphs 2 and 3 shall be construed to mean the identity certificates provided for in the Convention of 30 June 1928 relating to refugees.

Subject to the reservation in respect of paragraph 1 of article 45 contained in paragraph 7 (f) of the Final Act of the Conference on Road and Motor Transport.