Германия

Declaration under article 25 (2):

The Federal Republic of Germany declares, in accordance with article 25, paragraph 2, of the Minamata Convention on Mercury, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.
Declaration under article 30 (5):

The Federal Republic of Germany declares, in accordance with article 30, paragraph 5, of the Minamata Convention on Mercury, that any amendment to an annex to the Convention shall enter into force for the Federal Republic of Germany only upon the deposit of its instrument of ratification, acceptance, approval, or accession with respect thereto.

Declaration:

“The Federal Republic of Germany recognizes the competence of the Committee to receive and consider communications pursuant to Article 12(1) of the Optional Protocol.”

Declaration:

“The distribution of competences within the Federal Republic of Germany means that a treaty between the Länder (federal states), which requires parliamentary approval, is needed in order to establish the national preventive mechanism at Länder level. Because of this requirement, Germany shall postpone the implementation of its obligations under Part IV of the Optional Protocol. The Subcommittee will be informed as soon as possible of the date from which the national prevention mechanism is operational.”

Declaration:

"Germany declares according to Art. 23 of the Agreement that persons referred to in articles 15, 16, 18, 19 and 21 who are either nationals or permanent residents of the Federal Republic of Germany enjoy, while staying in German territory, only the privileges and immunities to the extent necessary for the independent performance of his or her functions or his or her appearance or testimony before the Court as laid down in the respective Article."

Declaration:

“With reference to Article 14, paragraph 3, sub-paragraph b, of the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN), the Government of the Federal Republic of Germany declares that the implementation of the Agreement on the Rhine is subject to compliance with the procedures set out in the statutes of the Central Commission for the Navigation of the Rhine (CCR), and its implementation on the Moselle is subject to compliance with the procedures set out in the statutes of the Moselle Commission.”

Declaration:

The Federal Republic of Germany declares that it considers a minimum age of 17 years to be binding for the voluntary recruitment of soldiers into its armed forces under the terms of Article 3 paragraph 2 of the Optional Protocol. Persons under the age of 18 years shall be recruited into the armed forces solely for the purpose of commencing military training.
The protection of voluntary recruits under the age of 18 years in connection with their decision to join the armed forces is ensured by the need to obtain the consent of their legal guardian and the indispensable requirement that they present an identification card or passport as a reliable proof of their age.

Upon signature:

Declaration:
The text of the Convention raises a number of difficult questions regarding its practical implementation in the German legal system which it was not possible to finally resolve during the period provided for the signing of the Convention. These questions require careful consideration, including a consideration of the legislative consequences, before the Convention becomes binding under international law.
The Federal Republic of Germany assumes that implementing the Convention through German administrative enforcement will not lead to developments which counteract efforts towards deregulation and speeding up procedures.

Upon signature and confirmed upon ratification:

Declaration:

The Federal Republic of Germany understands article 1 para. 4 of [the said Convention] in the sense that the term "military forces of a state" includes their national contingents operating as part of the United Nations forces. Furthermore, the Federal Republic of Germany also understands that, for the purposes of this Convention, the term "military forces of a state" also covers police forces.

Declaration made upon signature:

It is the understanding of the German Government that nothing in this Treaty shall ever be interpreted or applied in such a way as to prejudice or prevent research into and development of controlled thermonuclear fusion and its economic use.

Declaration:

"The Federal Republic of Germany recalls that as a Member of the European Community, the Federal Republic of Germany has transferred competence to the European Community in respect of certain matters governed by the Agreement, which are specified in Annex I to this declaration.
The Federal Republic of Germany hereby confirms the declarations made by the European Community upon ratification of the Agreement (see Annex II)."
[See declarations under “European Community”.]

Declaration:

In accordance with German law, the authorities of the Federal Republic of Germany will communicate information on alleged offenders, victims and circumstances of the crime (personal data) directly to the states concerned and, in parallel with this, will inform the Secretary-General of the United Nations that such information has been communicated.

Declaration made upon signature and confirmed uponratification:

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

Declaration made upon signature and confirmed upon ratification:

"The Federal Republic of Germany, in order to protect information related to personal data according to its national law, reserves the right to supply personal data only under the condition that the part receiving such protected information shall respect the confidentiality of the information received and the conditions under which it is supplied, and shall only use that information for the purposes for which it was supplied".

Upon signature:

"Germany specifies that it shall reduce its national annual emissions of VOCs by at least 30% by the year 1999 using 1988 levels as a basis according to article 2, paragraph 2 ( a )."

Declaration made upon signature and confirmed upon ratifica- tion:

"It is the understanding of the Government of the Federal Republic of Germany that the provisions in article 4, paragraph 12 of this Convention shall in no way affect the exercise of navigation rights and freedoms as provided for in international law. Accordingly, it is the view of the Government of the Federal Republic of Germany that nothing in this Convention shall be deemed to require the giving of notice to or the consent of any State for the passage of hazardous wastes on a vessel under the flag of a party exercising its right of innocent passage through the territorial sea or the freedom of navigation in an exclusive economic zone under international law."

Declaration:

It is the understanding of the Federal Republic of Germany that the basic concepts of the legal system referred to in article 3, paragraph 2 of the Convention may be subject to change.

Declarations:

1. The Federal Republic of Germany presumes that the juris- diction of the International Court of Justice brought about by consent of States outside the [said] Convention cannot be excluded by invoking the provisions of article 66, paragraph 4 of the Convention.
2. The Federal Republic of Germany interprets "measures taken in conformity with the Charter of the United Nations" as referred to in article 76 of the [said] Convention to mean decisions taken in future by the United Nations Security Council in conformity with Chapter VII of the Charter on the maintenance of international peace and security.

Upon signature:

The Government of the Federal Republic of Germany reserves the right to communicate, upon ratification, such reservations or declarations of interpretation as are deemed necessary especially with respect to the applicability of article 3.
Upon ratification:

Article 3
This provision prohibits the transfer of a person directly to a State where this person is exposed to a concrete danger of being subjected to torture. In the opinion of the Federal Republic of Germany, article 3 as well as the other provisions of the Convention exclusively establish State obligations that are met by the Federal Republic of Germany in conformity with the provisions of its domestic law which is in accordance with the Convention.

Statements :

The Federal Republic of Germany recalls that, as a Member of the European Community, it has transferred competence to the Community in respect of certain matters governed by the Convention. A detailed declaration on the nature and extent of the competence transferred to the European Community will be made in due course in accordance with the provisions of Annex IX of the Convention.
For the Federal Republic of Germany the link between Part IX of the United Nations Convention on the Law of the Sea of 10 December 1982 and the Agreement of 28 July 1994 relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea as foreseen in article 2 (1) of that Agreement is fundamental.
In the absence of any other peaceful means, which would be given preference by the Government of the Federal Republic of Germany, that Government considers it useful to choose one of the following means for the settlement of disputes concerning the interpretation or application of the two Conventions, as it is free to do under article 287 of the Convention on the Law of the Sea, in the following order:
1. the International Tribunal for the Law of the Sea established in accordance with Annex VI;
2. An arbitral tribunal constituted in accordance with Annex VII;
3. the International Court of Justice.
Also in the absence of any other peaceful means, the Government of the Federal Republic of Germany 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.
With reference to similar declarations made by the Govern- ment of the Federal Republic of Germany during the Third United Nations Conference on the Law of the Sea, the Government of the Federal Republic of Germany, in the light of declarations already made or yet to be made by States upon signature, ratification of or accession to the Convention on the Law of the Sea declares as follows:
Territorial Sea, Archipelagic Waters, Straits
The provisions on the territorial sea represent in general a set of rules reconciling the legitimate desire of coastal States to protect their sovereignty and that of the international community to exercise the right of passage. The right to extend the breadth of the territorial sea up to 12 nautical miles will significantly increase the importance of the right of innocent passage through the territorial sea for all ships including warships, merchant ships and fishing vessels; this is a fundamental right of the community of nations.
None of the provisions of the Convention, which in so far reflect existing international law, can be regarded as entitling the coastal State to make the innocent passage of any specific category of foreign ships dependent on prior consent or notification.
A prerequisite for the recognition of the coastal State's right to extend the territorial sea is the régime of transit passage through straits used for international navigation. Article 38 limits the right of transit passage only in cases where a route of similar convenience exists in respect of navigational and hydrographical characteristics, which include the economic aspect of shipping.
According to the provisions of the Convention, archipelagic sea-lane passage is not dependent on the designation by the archipelagic States of specific sea-lanes or air routesin so far as there are existing routes through the archipelago normally used for international navigation.
Exclusive Economic Zone
In the exclusive economic zone, which is a new concept of international law, coastal States will be granted precise resource-related rights and jurisdiction. All other States will continue to enjoy the high seas freedoms of navigation and overflight and of all other internationl lawful uses of the sea. These uses will be exercised in a peaceful manner, and that is, in accordance with the principles embodied in the Charter of the United Nations.
The exercise of these rights can therefore not be construed as affecting the security of the coastal State or affecting its rights and obligations under international law. Accordingly, the notion of a 200-mile zone of general rights of sovereignty and jurisdiction of the coastal State cannot be sustained either in general international law or under the relevant provisions of the Convention.
In articles 56 and 58 a careful and delicate balance has been struck between the interests of the coastal State and the freedoms and rights of all other States. This balance includes the reference contained in article 58, paragraph 2, to articles 88 to 115 which apply to the exclusive economic zone in so far as they are not incompatible with Part V. Nothing in Part V is incompatible with article 89 which invalidates claims of sovereignty.
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 rights to obtain notification of military exercises or manoeuvres or to authorize them.
Apart from artificial islands, the coastal State enjoys the right in the exclusiveeconomic zone to authorize, construct, operate and use only those installations and structures which have economic purposes.
The High Seas
As geographically disadvantaged State with important interests in the traditional uses of the seas, the Federal Republic of Germany remains committed to the established principle of the freedom of the high seas. This principle, which has governed all uses of the sea for centuries, has been affirmed and in various fields, adapted to new requirements in the provisions of the Convention, which will therefore have to be interpreted to the furthest extent possible in accordance with that traditional principle.
Land-Locked States
As to the regulation of the freedom of transit enjoyed by land-locked States, transit through the territory of transit States must not interfere with the sovereignty of these States. In accordance with article 125, paragraph 3, the rights and facilities provided for in Part X in no way infringe upon the sovereignty and legitimate interests of transit States. The precise content of the freedom of transit has in each single case to be agreed upon by the transit State and the land-locked State concerned. in the absence of such agreement concerning the terms and modalities for exercising the right of access of persons and goods to transit through the territory of the Federal Republic of Germany is only regulated by national law, in particular with regard to means and ways of transport and the use of traffic infrastructure.
Marine Scientific Research
Although the traditional freedom of research suffered a considerable erosion by the Convention, this freedom will remain in force for States, international organizations and private entities in some maritime areas, e.g., the sea-bed beyond the continental shelf and the high seas. However, the exclusive economic zone and the continental shelf, which are of particular interest to marine scientific research, will be subject to a consent régime, a basic element of which is the obligation of the coastal State under article 246, paragraph 3, to grant its consent in normal circumstances. In this regard, promotion and creation of favourable conditions for scientific research, as postulated in the Convention, are general principles governing the application and interpretation of all relevant provisions of the Convention.
The marine scientific research régime on the continental shelf beyond 200 nautical miles denies the coastal State the discretion to withhold consent under article 246, paragraph 5 (a), outside areas it has publicly designated in accordance with the prerequisitestipulated in paragraph 6. Relating to the obligation, to disclose information about exploitation or exploratory operations in the process of designation is taken into account in article 246, paragraph 6, which explicitly excluded details from the information to be provided.

Reservations made upon acceptance

1. The Federal Republic of Germany retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Bank to German citizens, nationals or residents.
2. In the territory of the Federal Republic of Germany the immunities conferred by articles 53 and 56 of the Agreement shall not apply in relation to a civil action arising out of an accident caused by a motor vehicle belonging to the Bank or operated on its behalf, or to a traffic offence committed by the driver of such a vehicle.
3. According to the exchange of notes between the African Development Bank and the Federal Republic of Germany executed at Abidjan on 24 January 1983,
(a) The Bank shall not claim exemption from direct taxation, customs duties or taxes having equivalent effect on goods imported or exported for other than its official use;
(b) The Bank shall not claim exemption from taxes and duties which are no more than charges for services rendered, and
(c) The Bank shall sell articles imported under an exemption pursuant to article 57 paragraph 1 of the Agreement in the territory of a member granting the exemption only on the terms agreed with that member.

The Government of the Federal Republic of Germany holds the view that Parties to the Convention that have made a declaration under article 95 of the Convention are not considered Contracting States within the meaning of subparagraph (a) (b) of article 1 of the Convention. Accordingly, there is no obligation to apply - and the Federal Republic of Germany assumes no obligation to apply - this provision when the rules of private international law lead to the application of the law of a Party that has made a declaration to the effect that it will not be bound by subparagraph (1) (b) of article 1 of the Convention. Subject to this observation the Government of the Federal Republic of Germany makes no declaration under article 95 of the Convention.

Declaration:

The right of peoples to self-determination, as enshrined in the Charter of the United Nations and in the International Covenants of 19 December 1966, applies to all peoples and not only to those living 'under alien and colonial domination and foreign occupation'. All peoples thus have the inalienable right freely to determine their political status and freely to pursue their economic, social and cultural development. The Federal Republic of Germany would be unable to recognize as legally valid an interpretation of the right to self-determination which contradicts the unequivocal wording of the Charter of the United Nations and of the two International Covenants of 19 December 1966 on Civil and Political Rights and on Economic, Social and Cultural Rights. It will interpret the 11th paragraph of the Preamble accordingly.

Upon signature:

"With the proviso that the correct designation of the Federal Republic of Germany in the Russian language is `Federativnuju Respubliku Germaniju'."
16 June 1977

"The correct designation of the Federal Republic of Germany in the Russian language following the preposition `sa' in the Russian text was spelled out in the afore-mentioned proviso as `Federativnuju Respubliku Germaniju'."

The Government of the Federal Republic of Germany herewith declares in pursuance of article 2 (2) of the Convention that the protection accorded pursuant to article 2 ( 1) is restricted in its territory to a period of 25 years after the expiry of the calendar year in which the transmission by satellite has occurred.

Upon signature:

"The Federal Republic of Germany reserves the right, upon ratifying this Convention, to state its views on the explanations of vote and declarations made by other States upon signing or ratifying or acceding to that Convention and to make reservations regarding certain provisions of the said Convention."

Reservation:

Ad paragraph 6 of the annex

(Article 29, paragraph 2, of the Convention): The Federal Republic of Germany does not consider itself bound by the provision that the zigzag lines showing places where parking is prohibited shall be yellow.

Reservations:

Ad paragraph 3 of the annex

(Article 1, sub-paragraph (l) of the Convention):

The Federal Republic of Germany does not consider itself bound by paragraph 3 of the annex (article 1, sub-paragraph (l) of the Convention).
Ad paragraph 15 of the annex

Article 33, paragraph 1, sub-paragraph (a), No. (i) of the Convention):

The Federal Republic of Germany does not consider itself bound by paragraph 15 of the annex (article 33, paragraph 1, sub-paragraph (a) No. (i) of the Convention).

Reservations:

Ad paragraph 3 of the annex

(Article 1, sub-paragraph (n), of the Convention):

The Federal Republic of Germany does not consider itself bound by paragraph 3 of the annex (article 1, sub-paragraph (n) of the Convention).
Ad paragraph 18 of the annex

(Article 23, paragraph 3, sub-paragraph (a), new No. (iii) of the Convention):

The Federal Republic of Germany does not consider itself bound by paragraph 18 of the annex (article 23, paragraph 3, sub-paragraph (a), new No. (iii) of the Convention).
Ad paragraph 18 of the annex

(Article 23, paragraph 3, sub-paragraph (b), new No. (iv) of the Convention):

The Federal Republic of Germany does not consider itself bound by paragraph 18 of the annex (article 23, paragraph 3, sub-paragraph (b), new No. (iv) of the Convention).

Reservations:

1. In respect of article 11, paragraph 2 (only regarding schedule III):
In the Federal Republic of Germany, manufacturers, wholesale distributors, importers and exporters are not required to keep records of the type described but instead to mark specifically those items in their invoices which contain substances and preparations in Schedule III. Invoices and packaging slips showing such items are to be preserved by these persons for a minimum period of five years.
2. In respect of article 11, paragraph 4:
In the Federal Republic of Germany, the persons and institutions named in this provision will keep separate files, for at least five years, of invoices showing items that contain substances and preparations in Schedule III which they have received from the persons named in article 11, paragraph 2, and will once a year determine their stock of substances and preparations in Schedule III. Any other acquisition and any disposal or removal without prescription of substances and preparations in Schedule III will be recorded separately. These records will likewise be preserved for five years.

9 August 1979
[Same declaration, in essence, as the one reproduced under "Belgium".]

1. The Federal Republic of Germany proceeds on the understanding that the Caribbean Development Bank will, in accordance with article 57 of the Agreement, waive immunity from jurisdiction and execution in the event of a civil action for damage arising out of an accident caused by a motor vehicle belonging to the Bank or operated on its behalf or driven by a governor, director, alternate, official or employee of, or expert performing a mission for, the Bank;
2. Privileges in accordance with article 54 (b) as regards travel facilities will be granted to the degree that they are extended to World Bank officials in the Federal Republic of Germany;
3. The Federal Republic of Germany reserves the right for itself and its territorial entities to tax the salaries and other emoluments paid by the Caribbean Development Bank to Germans within the meaning of article 116 of the Basic Law of the Federal Republic of Germany domiciled or resident in the area of application of the Basic Law;
4. The provision of article 55 (2) regarding exemption from taxes which merely represent charges for public utility services will be extended to include all charges for services levied by public authorities of the Federal Republic of Germany;
5. The Federal Republic of Germany proceeds on the understanding that the Bank will not claim exemption from taxation in accordance with article 55 (3).

Upon signature:

"The Federal Republic of Germany reserves the right, upon ratifying the Vienna Convention on the Law of Treaties, to state its views on the declarations made by other States upon signing or ratifying or acceding to that Convention and to make reservations regarding certain provisions of the said Convention."
Upon ratification:

. . .
2. The Federal Republic of Germany assumes that the jurisdiction of the International Court of Justice brought about by consent of States outside the Vienna Convention on the Law of Treaties cannot be excluded by invoking the provisions of article 66 (b) of the Convention.
3. The Federal Republic of Germany interprets 'measures taken in conformity with the Charter of the United Nations', as referred to in article 75, to mean future decisions by the Security Council of the United Nations in conformity with Chapter VII of the Charter for the maintenance of international peace and security.

Reservations:
Ad article 10, paragraph 6
Article 10, paragraph 6, applies in the Federal Republic of Germany in accordance with paragraph 9 of the annex to the European Agreement of 1 May l97l supplementing the Conven- tion on Road Signs and Signals.
Ad article 23, paragraph 7
The Federal Republic of Germany does not consider itself bound by article 23, paragraph 7, of this Convention.
Ad annex 5, section F, No. 6
The Federal Republic of Germany does not consider itself bound regarding the design of signs E, 19 and E, 20.

Reservations:

Ad article 18, paragraph 3

Article 18, paragraph 3, applies in the Federal Republic of Germany in accordance with paragraph 15 of the annex to the European Agreement of 1 May1971 supplementing the Convention on Road Traffic.
Ad article 23, paragraph 3, sub-paragraph (c), No. (v)

The Federal Republic of Germany does not consider itself bound by article 23, paragraph 3, sub-paragraph (c), No. (v).
Ad article 31, paragraph 1, sub-paragraph (d)

The Federal Republic of Germany does not consider itself bound by article 31, paragraph 1, sub-paragraph (d).
Ad article 42, paragraph 1

The Federal Republic of Germany reserves the right of continuing to make entries of the kind mentioned in article 42, paragraph 1, sub-paragraph (c) also in foreign domestic driving permits.
Ad annex 1, paragraph 1

The Federal Republic of Germany reserves the right in international transport
(a) of requiring of foreign lorries the same minimum engine performance as of German vehicles,
(b) of not admitting to traffic motor vehicles
- equipped with studded tyres,
- exceeding the maximum permissible weight and the maximum axle load permitted in the Federal Republic of Germany or not complying with the provisions on the placement on the vehicles of these figures,
- not equipped with a tachograph (control device) of the prescribed type.
Ad annex 5, paragraph 11

The Federal Republic of Germany does not consider itself bound by the first half-sentence of paragraph 11 of annex 5.
Ad annex 5, paragraph 58

The Federal Republic of Germany does not consider itself bound by paragraph 58 of annex 5.
Declarations:

With reference to the notification, made upon signature of the Convention on Road Traffic done at Vienna on 8 November 1968, according to which the distinguishing sign of the Federal Republic of Germany would be the letter "D", the Government of the Federal Republic of Germany declares that the said notification was made for the whole area which through the ratification of the Convention by the Federal Republic of Germany fell within the purview of the said Convention.
Pursuant to the provisions of articles 3 (5) and 54 (2) of the Convention on Road Traffic, the Government of the Federal Republic of Germany shall treat mopeds as motor cycles for the purpose of the application of the Convention.

Reservation:

The Federal Republic of Germany formulates a reservation concerning article 5 paragraph 2 (a) to the effect that the competence of the Committee shall not apply to communications
a) which have already been considered under another procedure of international investigation or settlement, or
b) by means of which a violation of rights is reprimanded having its origin in events occurring prior to the entry into force of the Optional Protocol for the Federal Republic of Germany.

"1. The Federal Republic of Germany makes use of the reservation provided for in article 56, paragraph 2, of the Agreement establishing the Asian Development Bank and retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Asian Development Bank to Germans within the meaning of Article 116 of the Basic Law for the Federal Republic of Germany who have their domicile or ordinary residence in the area of application of the said Basic Law, including Land Berlin;
"2. The Agreement establishing the Asian Development Bank shall also apply to Land Berlin as from the day on which the Convention will enter into force for the Federal Republic of Germany."

8 April 1974

Declaration:

"The Federal Republic of Germany interprets the provisions of Chapter II of the Vienna Convention on Consular Relations, done on 24 April 1963, as applying to all career consular personnel (consular officers, consular employees and members of the service staff), including those assigned to a consular post headed by an honorary consular officer, and that it will apply the said provisions accordingly."

"1. The Federal Republic of Germany makes use of the following reservations provided for in article 5, paragraph 3, and article 16, paragraph 1 a (iv) of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations:
"1) As regards the protection of producers of phonograms it will not apply the criterion of fixation referred to in article 5, paragraph 1 (b) of the Convention;
"2) As regards phonograms the producer of which is a national of another Contracting State, it will limit the protection provided for by article 12 of the Convention to the extent to which, and to the term for which, the latter State grants protection to phonograms first fixed by a German national."

The Federal Republic of Germany will apply the said Convention:
(a) in respect of elimination of statelessness, to persons who are stateless under the terms of article 1, paragraph 1, of the Convention relating to the Status of Stateless Persons of 28 September 1954;
(b) in respect of prevention of statelessness and retention of nationality, to German nationals within the meaning of the Basic Law (Constitution) for the Federal Republic of Germany.

"With respect to paragraph 1 of article I, and in accordance with paragraph 3 of article I of the Convention, the Federal Re- public of Germany will apply the Convention only to the recognition and enforcement of awards made in the territory of another Contracting State."

1. Article 23 will be applied without restriction only to stateless persons who are also refugees within the meaning of the Convention of 28 July 1951 relating to the Status of Refugees and the Protocol of 31 January 1967 relating to the Status of Refugees, but otherwise only to the extent provided for under national legislation;
2. Article 27 will not be applied.

"The Federal Republic of Germany accedes to the Conven- tion with the reservation that article III of the Convention does not apply to service in the armed forces."

"The Federal Republic of Germany cannot consider roasted coffee, coffee–and tea extracts as well as tobacco goods includ- ing cigarette paper as samples of negligible value. No privileges provided for in Article II of the International Convention to Facilitate the Importation of Commercial Samples and Advertising Material can be granted with respect to the importation of the above-described products into the territory of the Federal Republic of Germany."

(1) "Until the expiration of the interim period as defined in article 3 of the Treaty between France and the Federal Republic of Germany of 27 October 1956 on the Settlement of the Saar Questions, the above-mentioned Agreement does not apply to the Saar Territory;
(2) "In accordance with the aims of the Agreement, as out lined in its preamble, the Federal Republic's interpretation of the provisions contained in article 1 of the Agreement is that the granting of customs exemption is intended to serve the promotion of a free exchange of ideas and knowledge between the States Parties; that, however, this provision does not aim at furthering the shifting of production to a foreign country if such shifts are made chiefly for commercial reasons."

Upon signature:

1. In the event of an occurrence in its territory, the Federal Republic of Germany will not apply the provisions of the Convention to cost and compensation due under article 4, paragraph 1 (e), for damage caused by water pollution (article 10, para. 1 (b)).
2. The Federal Republic of Germany will not apply the provision of article 4, paragraph 2 (a), of the Convention with respect to passengers carried on journeys for which the place of embarkation on board the vessel and the place of disembarkation therefrom are situated either both in its territory or in the territory of a State which has likewise made use of this reservation. In this case the Federal Republic of Germany will provide for the limitation fund established according to article 5, paragraph 1 (a), an amount higher than that foreseen by the Convention (article 10, para. 1 (c)).

"In respect of article 2, paragraph 1, article 5 and article 7 :
"The Federal Republic of Germany starts from the assump- tion that normal frontier controls which, in accordance with international agreements and with existing national legislation, are carried through in an adequate and non-discriminatory manner, meet the requirements of article 2, paragraph 1, article 5 and article 7.
"In respect of article 2, paragraph 2 :
"The Federal Republic of Germany understands this provi- sion to imply that, as long as agreements according to article 2, paragraph 2, have not been concluded, the national regulations of the transit state will apply.
"In respect of article 4, paragraph 1 and article 6, paragraph 1 :
"The Federal Republic of Germany is not in a position to assume obligations as provided for in article 4, paragraph 1 and in article 6, paragraph 1. Considering transport conditions in the Federal Republic of Germany, however, it may be taken for granted that sufficient means of transport as well as handling equipment and storage facilities will be available for traffic in transit. Should difficulties arise nevertheless, the Government of the Federal Republic of Germany would be prepared to seek remedies.
" In respect of article 4, paragraph 2 and article 6, paragraph 2 :
"The Federal Republic of Germany is not in a position to assume obligations as contained in article 4, paragraph 2 and article 6, paragraph 2.The Government of the Federal Republic of Germany is, however, prepared, within the scope of its possibi- lities, to use its influence as regards tariffs and charges so as to facilitate traffic in transit as much as possible."

The Federal Republic of Germany declares that:
1. German registration offices will supply extracts from documents deposited with them and referred to by the entries in the register only to applicants who produce evidence of a legitimate interest in obtaining such extracts.
2. It will not apply the Convention to vessels navigating on lakes and adjacent sections of waterways and belonging to the German Federal Railways.

"In signing the Convention on the Continental Shelf of 29 April 1958, the Federal Republic of Germany declares with reference to article 5, paragraph 1 of the Convention on the Continental Shelf that in the opinion of the Federal Government article 5, paragraph 1 guarantees the exercise of fishing rights ( Fischerei ) in the waters above the continental shelf in the manner hitherto generally in practice."