Франция

Declarations made at the time of ratification

1. 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, France hereby makes an exception to exclude retroactive application, as provided for in the second sentence of article 10, paragraph 1, such that the provisions of this Agreement, for France, apply only to activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction collected or generated after the entry into force of this Agreement for France.
2. With reference to article 71 of the Agreement, France wishes to reaffirm that it fully supports the United Nations Declaration on the Rights of Indigenous Peoples, adopted on 13 September 2007, which is mentioned in the preamble to the Agreement. The Declaration represents the culmination of a long process marking a vital advance in the protection of the human rights of Indigenous and local populations.
With reference to the interpretive statement that it made at the time of adoption of the Declaration, France wishes to reaffirm that, by virtue of the constitutional principles of the indivisibility of the Republic, the unity of the French people and the equality of citizens before the law, all French citizens have the same rights and obligations under the Constitution, irrespective of their origin.
France is directly concerned with the populations of its overseas territorial communities and has established specific provisions in its national laws that are aligned with its constitutional principles.
France thus carries out programmes to support their economic and social development within a framework that is tailored to the specificities of those populations, which are holders of traditional knowledge, and to their cultural expression. Those specificities are reflected in Act No. 2016-1087 on the restoration of biodiversity, nature and the countryside, adopted on 8 August 2016, through which France meets its international obligations under the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity. Title V of the Act, on access to genetic resources and the sharing of benefits arising from their utilization, enables France to honour in particular its obligations to protect the traditional knowledge held by local communities.
In order to ensure consistency with the laws in force and legal certainty for users, the provisions of the Agreement relating to the traditional knowledge held by local communities will be
interpreted in a manner consistent with our constitutional principles.
3. With reference to article 60, paragraph 4, of the Agreement, France reaffirms the declaration that it made when it ratified the United Nations Convention on the Law of the Sea concerning Part XV, on settlement of disputes:
“With reference to the provisions of article 298, paragraph 1, France does not accept any of the procedures provided for in Part XV, section 2, with respect to the following disputes:
- Disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations, or those involving historic bays or titles;
- Disputes concerning military activities, including military activities by government vessels and aircraft engaged in non-commercial service, and disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal under article 297, paragraph 2 or 3;
- Disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations, unless the Security
Council decides to remove the matter from its agenda or calls upon the parties to settle it by the means provided for in this Convention.”
4. With regard to the division of the competence of regional economic integration organizations and their member States in respect of the matters governed by this Agreement, France refers to the declaration of competence to be made by the European Union in accordance with article 67, paragraph 2, of the Agreement.

Declaration:

1. The French Republic reiterates the declaration that it made upon the ratification of the Convention on Biological Diversity concerning article 16 on the transfer of technology, with regard to the implementation of articles l and 23 of the Protocol.
2. The French Republic recalls the terms of decision UNEP/CBD/COP/DEC/ XII/12 of 25 June 2014 in connection with the use of the term 'indigenous peoples and local communities' instead of the term 'indigenous and local communities' found in various provisions of the Protocol:
- The use of the term 'indigenous peoples and local communities' in future decisions and all secondary documents under the Protocol shall have no effect on the legal meaning of the articles of the Protocol that use the term 'indigenous and local communities';
- The use of the term 'indigenous peoples and local communities' cannot be interpreted as implying for any Party the amendment of rights or obligations under the Protocol;
- The use of the term 'indigenous peoples and local communities' in future decisions and all secondary documents shall not serve as a context for the interpretation of the Protocol, or a subsequent agreement nor subsequent practice, among the Parties to the Protocol, within the
meaning of article 31 of the Vienna Convention on the law of treaties of 23 May 1969, which codifies customary international law in this area.
With reference to the declaration that it made during the adoption of the United Nations Declaration on the Rights of Indigenous Peoples of 13 September 2007, France would recall that, in accordance with the constitutional principles of the indivisibility of the Republic and the unity of the French people, the French people is composed of all French citizens without distinctionbased on origin, race or religion. Under those principles and the principle of the equality of citizens before the law, only the French people as a whole can be granted rights.

Declaration:

France hereby declares that the Protocol on Pollutant Release and Transfer Registers to the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (with four annexes), signed at Kiev on 21 May 2003, shall be applicable, in the case of France, to the same territories as the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (with two annexes), done at Aarhus on 25 June 1998.

Declaration:

Pursuant to articles 15 and 21 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, no French authority or official shall order, apply, permit or tolerate any sanction against any person or organization for having communicated to the Subcommittee on Prevention or to its delegates or to the national preventive
mechanism any information, whether true or false, and no such person or organization shall be otherwise prejudiced in any way, provided that, in the case of false information, the person or organization in question was unaware of the false nature of the information at the time of its communication and, moreover, without prejudice to the legal remedies that persons who are implicated
may invoke for harm suffered as a result of the communication of false information about them.

Declaration:

With regard to the definition of “antique firearms”, provided for in article 3 (a) of the Protocol, the French Republic will apply the definition of historical and collectible firearms as set out in its domestic law, namely models of firearms manufactured prior to 1st January 1900 and the limited list of firearms manufactured after 1st January 1900 but that are of cultural, scientific or historical interest.
With regard to article 8, paragraph 1, of the Protocol, the French Republic will, for the purpose of identifying and tracing each firearm, add a proof mark to firearms manufactured in or imported into the national territory, in accordance with the Convention for the reciprocal recognition of proof marks on small arms of 1st July 1969. The proof mark allows for the identification of the national proof house that added it and is recognized by Council Directive 91/477/EEC as amended by Directive 2017/853 of the European Parliament and of the Council of 17 May 2017 in its article 4 as an alternative to marking for the purpose of tracing firearms.

Declaration:

… the French Republic, with reference to Article 14, paragraph 3, sub b, declares that the implementation of the Agreement on the Rhine and the Moselle is subject to compliance with the procedures set out in the statutes of the Central Commission for the Navigation of the Rhine.

Declaration:

France hereby declares that it recruits only volunteers aged at least 17 who have been informed of the rights and duties involved in military service and that the enlistment of recruits under the age of 18 is valid only with the consent of their legal representatives.

Declarations:

Declaration pursuant to article 2, paragraph 2 (a)
In accordance with article 2, paragraph 2 (a) of this Convention, France declares that in the application of the Convention to France, the Convention of 14 December 1973 on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, shall be deemed not to be included in the annex referred to in article 2, paragraph 1, subparagraph (a), since France is not a party thereto.

I. Interpretative declarations:

1. The provisions of the Statute of the International Criminal Court do not preclude France from exercising its inherent right of self-defence in conformity with Article 51 of the Charter.
2. The provisions of article 8 of the Statute, in particular paragraph 2 (b) thereof, relate solely to conventional weapons and can neither regulate nor prohibit the possible use of nuclear weapons nor impair the other rules of international law applicable to other weapons necessary to the exercise by France of its inherent right of self-defence, unless nuclear weapons or the other weapons referred to herein become subject in the future to a comprehensive ban and are specified in an annex to the Statute by means of an amendment adopted in accordance with the provisions of articles 121 and 123.
3. The Government of the French Republic considers that the term ‘armed conflict' in article 8, paragraphs 2 (b) and (c), in and of itself and in its context, refers to a situation of a kind which does not include the commission of ordinary crimes, including acts of terrorism, whether collective or isolated.
4. The situation referred to in article 8, paragraph 2 (b) (xxiii), of the Statute does not preclude France from directing attacks against objectives considered as military objectives under international humanitarian law.
5. The Government of the French Republic declares that the term "military advantage" in article 8, paragraph 2 (b) (iv), refers to the advantage anticipated from the attack as a whole and not from isolated or specific elements thereof.
6. The Government of the French Republic declares that a specific area may be considered a "military objective" as referred to in article 8, paragraph 2 (b) as a whole if, by reasonof its situation, nature, use, location, total or partial destruction, capture or neutralization, taking into account the circumstances of the moment, it offers a decisive military advantage.
The Governmt of the French Republic considers that the provisions of article 8, paragraph 2 (b) (ii) and (v), do not refer to possible collateral damage resulting from attacks directed against military objectives.
7. The Government of the French Republic declares that the risk of damage to the natural environment as a result of the use of methods and means of warfare, as envisaged in article 8, paragraph 2 (b) (iv), must be weighed objectively on the basis of the information available at the time of its assessment.
...

Declaration:

Interpretative declaration concerning articles 4, 5 and 6 of the Convention:
The French Government will see to the dissemination of relevant information for the protection of the environment while, at the same time, ensuring protection of industrial and commercial secrets, with reference to established legal practice applicable in France.

23 January 2012

Reservation

France intends to limit the exemption from taxation provided for in articles 8 (c) and 9 (e) of the Protocol:
- To the officials of the Authority referred to in article 8, excluding the experts on mission for the Authority referred to in article 9;
- To the salaries and emoluments received from the Authority by these officials, excluding any other form of payment which may be made to them by the Authority.

Upon signature

Declarations:

1. The Government of the French Republic recalls that the requirements for implementing the Agreement must be strictly in conformity with the 1982 United Nations Convention on the Law of the Sea.
2. The Government of the French Republic hereby declares that the provisions of article 21 and 22 apply only to maritime fishing operations.
3. These provisions cannot be regarded as capable of being extended to cover vessels engaged in maritime transport under another international instrument, or of being transferred to any instrument not dealing directly with the conservation and management of fisheries resources covered by the Agreement.
Upon ratification:

Declarations

Declaration :
In accordance with article 47.1 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 (with two annexes), done at New York on 4 December 1995, of which the United Nations is the depository, and in accordance with article 5.2 of annex IX to the United Nations Convention on the Law of the Sea, the Government of the French Republic hereby declares that, as a member of the European Community, France has transferred competences dealt with in the Agreement to the European Community. These competences are listed in an annex to this declaration.
The Government of the French Republic also confirms the content of the declarations made by the European Community upon ratification of the Agreement.
[See declarations under “European Community”.]
Interpretative declarations:
1. In ratifying 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, the Gnment of the French Republic declares that it considers that the Agreement constitutes an important effort to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks and to promote international cooperation to that end.
2. The Government of the French Republic understands that the terms "geographical particularities", "specific characteristics of the subregion or region", "socio-economic, geographical and environmental 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.
3. The Government of the French Republic 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 recognized by international law.
4. The Government of the French Republic understands that the term "States whose nationals fish on the high seas" shall 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.
5. The Agreement does not grant any State the right to maintain or apply unilateral measures during the transition period as referred to in article 21, paragraph 3. Thereafter, if no agreement has been reached, the States shall act only in accordance with the provisions provided for in articles 21 and 22 of the Agreement.
6. Regarding the application of article 21 of the Agreement, the Government of the French Republic understands that, when the flag State declares that it intends to exercise its authority, in accordance with article 19, over a fishing vessel flying its flag within the framework of an alleged violation committed on the high seas, 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 set forth in Part VIII of the Agreement (Peaceful settlement of disputes). No State may invoke this type of dispute to remain in control of a vessel which does not fly its flag for an alleged violation committed on the high seas. In addition, the Government of the French Republic considers that the word "unlawful" in article 21, paragraph 18, of the Agreement should be interpreted in the light of the whole Agreement, and, in particular, articles 4 and 35 thereof.
7. The Government of the French Republic 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 Charter of the United Nations and the United Nations Convention on the Law of the Sea.
8. In addition, the Government of the French Republic stresses 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 entail the international liability of the inspecting State. Any case of non-compliance must be resolved by peaceful means, in accordance with the applicable dispute-settlement procedures. It considers, moreover, that the relevant conditions for boarding and inspection should be further elaborated in accordance with the applicable principles of international law, within the framework of the appropriate subregional and regional fisheries management organizations and arrangements.
9. The Government of the French Republic understands that, in the application of the provisions of article 21, paragraphs 6, 7 and 8, the flag State may avail itself of its legal provisions under which the prosecuting authorities have the power to decide whether or not there are grounds for prosecution in the light of all the facts of the case. Decisions by the flag State based on such provisions must not be iterpreted as failure to respond or to take action.
10. The Government of the French Republic declares that the provisions of articles 21 and 22 apply only to the sole sector of sea fishing.
11. The Government of the French Republic is of the view that the provisions of articles 21 and 22 could not be considered as liable to be extended to vessels engaged in maritime transport within the framework of another international instrument or to be transposed to any instrument that does not deal directly with the conservation and management of the fish resources dealt with in the Agreement.

Upon signature:

Declaration:

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

Upon signature:

Declaration:

With reference to article 3, that it interprets that article as a guiding principle to be taken into account in the implementation of the Convention;
With reference to article 21, paragraph 1, that the decision taken periodically by the Conference of the Parties concerns the "amount of resources needed" and that no provision of the Convention authorizes the Conference of the Parties to take decisions concerning the amount, nature or frequency of the contributions from Parties to the Convention.
Upon ratification:

Declaration:

With reference to article 3, that it interprets that article as a guiding principle to be taken into account in the implementation of the Convention;
The French Republic reaffirms its belief in the importance of the transfer of technology and biotechnology in guaranteeing the protection and long-term utilization of biological diversity. Respect for intellectual property rights is an essential element of the implementation of policies for technology transfer and co-investment.
The French Republic affirms that the transfer of technology and access to biotechnology, as defined in the Convention on Biological Diversity, will be implemented according to article 16 of that Convention and with respect for the principles and rules concerning the protection of intellectual property, including multilateral agreements signed or negotiated by the Contracting Parties to the present Convention.
The French Republic will encourage recourse to the financial mechanism established by the Convention for the purpose of promoting the voluntary transfer of intellectual property rights under French ownership, inter alia , as regards the granting of licences, by traditional commercial decisions and mechanisms while ensuring the appropriate and effective protection of property rights.
With reference to article 21, paragraph 1, the French Republic considers that the decisiontaken periodically by the Conference of the Parties concerns the "amount of resources needed" and that no provision of the Convention authorizes the Conference of the Parties to take decisions concerning the amount, nature or frequency of the contributions from Parties to the Convention.
31 August 2016

Upon its ratification of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, the French Republic reiterated its declaration made upon its ratification of the Convention on Biological Diversity.

Declaration and reservation:

1. Interpretative declaration:
The French Government declares that the term "military installations" appearing in article 2, paragraph 2 (b), of the Convention on the Transboundary Effects of Industrial Accidents is understood to refer to installations serving the interests of national defence and to weapons systems and nuclear-powered vessels of the national navy.
2. Reservation:
At the time of adopting the Convention on the Transboundary Effects of Industrial Accidents, signed at Helsinki on 18 March 1992, the French Republic associates itself with the reservations expressed by the European Community at the time of the deposit of its instrument of ratification and states that it will apply the Convention in accordance with its obligations under Directive 96/82 of the Council of the European Union of 9 December 1996 on the control of major-accident hazards involving dangerous substances.

3 January 1999

Declaration:

The Government of the French Republic, in approving the Convention on the Protection and Use of Transboundary Watercourses and International Lakes, declares that reference to the concept of reasonable and equitable use of transboundary waters does not constitute recognition of a principle of customary law, but illustrates a principle of cooperation between Parties to the Convention; the scope of such cooperation is specified in agreements, to which the Convention between States bordering the same transboundary waters - such agreements being concluded on the basis of equality and reciprocity.

Declaration made upon signature and confirmed upon approval:

The French Republic undertakes to reduce its national annual emissions of VOCs by at least 30 per cent by the year 1999, using 1988 levels as a basis (article 2, paragraph 2 ( a )).

Declarations:

.... When approving the Convention on Environmental Impact Assessment in a Transboundary Context, signed at Espoo on 25 February 1991, the Government of the French Republic declares that it associates itself with the declarations made by the European Commission, both when signing this Convention and when depositing the Community's instrument of ratification, and stresses in particular that:
– In its relations with the member States of the European Union, France will apply the Convention in accordance with the Union's internal rules, including those laid down in the Euratom treaty;
– When the public in the Party of origin is provided with information through the public distribution of the environmental impact assessment documentation, the notification of the affected Party by the Party of origin must be given no later than when the documentation is distributed;
– The Convention implies that it is the responsibility of each Party to ensure the public distribution within its territory of the environmental impact assessment documentation, inform the public and collect its comments, except where different bilateral arrangements apply.
It specifies that, any projects for which a request for authorization or approval is required and has already been submitted to the competent authority at the time when the Convention enters into force in France shall not be subject to the Convention.
Lastly, it specifies that the word ‘national' in article 2, paragraph 8, of the Convention shall be understood to refer to national laws, national regulations, national administrative provisions and commonly accepted national legal practices.

Declarations and reservation made upon signature and confirmed upon ratification:

(1) The Government of the French Republic declares that this Convention, particularly article 6, cannot be interpreted as constituting any obstacle to the implementation of the provisions of French legislation relating to the voluntary interruption of pregnancy.
(2) The Government of the Republic declares that, in the light of article 2 of the Constitution of the French Republic, article 30 is not applicable so far as the Republic is concerned.
(3) The Government of the Republic construes article 40, paragraph 2 (b) (v), as establishing a general principle to which limited exceptions may be made under law. This is particularly the case for certain non-appealable offences tried by the Police Court and for offences of a criminal nature. None the less, the decisions handed down by the final court of jurisdiction may be appealed before the Court of Cassation, which shall rule on the legality of the decision taken.

Reservations:

The Government of the French Republic does not consider itself bound by the provisions of article 32, paragraph 2, and declares that any dispute relating to the interpretation or application of the Convention which cannot be settled in the manner prescribed in paragraph 1 of the said article may not be referred to the International Court of Justice unless all the parties to the dispute agree thereto.
Similarly, the Government of the French Republic does not consider itself bound by the provisions of article 32, paragraph 3.

Reservation:

The Government of France declares in accordance with article 30, paragraph 2, of the Convention, that it shall not be bound by the provisions of paragraph 1 of [article 30].

Upon signature:

1. The provisions of the Convention relating to the status of the different maritime spaces and to the legal régime of the uses and protection of the marine environment confirm and consolidate the general rules of the law of the sea and thus entitle the French Republic not to recognize as enforceable against it any foreign laws or regulations that are not in conformity with those general rules.
2. The provisions of the Convention relating to the area of the sea-bed and ocean floor beyond the limits of national jurisdiction show considerable deficiencies and flaws with respect to the exploration and exploitation of the said area which will require rectification through the adoption by the Preparatory Commission of draft rules, regulations and procedures to ensure the establishment and effective functioning of the International Sea-Bed Authority.
To this end, all efforts must be made within the Preparatory Commission to reach general agreement on any matter of sub- stance, in accordance with the procedure set out in rule 37 of the rules of procedure of the Third United Nations Conference on the Law of the Sea.
3. With reference to article 140, the signing of the Con- vention by France shall not be interpreted as implying any change in its position in respect of resolution 1514 (XV).
4. The provisions of article 230, paragraph 2, of the Con- vention shall not preclude interim or preventive measures against the parties responsible for the operation of foreign vessels, such as immobilization of the vessel. They shall also not preclude the imposition of penalties other than monetary penalties for any willful and serious act which causes pollution.
Upon ratification :

1. France recalls that, as a Member State of the European Community, it has transferred competence to the Community in certain areas covered under the Convention. A detailed statement of the nature and scope of the areas of competence transferred to te European Community will be made in due course in accordance with the provisions of Annex IX of the Convention.
2. France rejects declarations or reservations that are contrary to the provisions of the Convention. France also rejects unilateral measures or measures resulting from an agreement between States which would have effects contrary to the provisions of the Convention.
3. With reference to the provisions of article 298, paragraph 1, France does not accept any of the procedures provided for in Part XV, section 2, with respect to the following disputes:
Disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations, or those involving historic bays or titles;
Disputes concerning military activities, including military activities by government vessels and aircraft engaged in non-commercial service, and disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal under article 297, paragraph 2 or 3;
Disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations, unless the Security Council decides to remove the matter from its agenda or calls upon the parties to settle it by the means provided for in this Convention.

Upon signature:

Declaration:
After signing the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be excessively Injurious or to Have Indiscriminate Effects, the French Government, as it has already had occasion to state
- through its representative to the United Nations Conference on Prohibitions or Restrictions on the Use of Certain Conventional Weapons in Geneva, during the discussion of the proposal concerning verification arrangements submitted by the delegation of the Federal Republic of Germany and of which the French Government became a sponsor, and at the final meeting on 10 October 1980;
- on 20 November 1980 through the representative of the Netherlands, speaking on behalf of the nine States members of the European Community in the First Committee at the thirty-fifth session of the United Nations General Assembly;
Regrets that thus far it has not been possible for the States which participated in the negotiation of the Convention to reach agreement on the provisions concerning the verification of facts which might be alleged and which might constitute violations of the undertakings subscribed to.
It therefore reserves the right to submit, possibly in associ- ation with other States, proposals aimed at filling that gap at the first conference to be held pursuant to article 8 of the Conven- tion and to utilize, as appropriate, procedures that would make it possible to bring before the international community facts and information which, if verified, could constitute violations of the provisions of the Convention and the Protocols annexed thereto.
Interpretative statement
The application of this Convention will have no effect on the legal status of the parties to a conflict.
Reservation:
France, which is not bound by Additional Protocol I of 10 June 1977 to the Geneva Conventions of 12 August 1949:
Considers that the fourth paragraph of the preamble to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, which reproduces the provisions of article 35, paragraph 3, of Additional Protocol I, applies only to States parties to that Protocol;
States, with reference to the scope of application defined in article 1 of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons, that it will apply the provisions of the Convention and its three Protocols to all the armed conflicts referred to in articles 2 and 3 common to the Geneva Conventions of 12 August 1949;
States that as regards the Geneva Conventions of 12 August 1949, the declaration of acceptance and application provided for in article 7, paragraph 4 (b), of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons will have no effects other than those provided for in article 3 common to the Geneva Conventions, in so far as that article is applicable.
18 July 2002

Interpretative declarations [made upon consent to be bound by Protocol III]:

The French Republic accepts the provisions of article 2, paragraphs 2 and 3, insofar as the terms used in these paragraphs do not lead to the assumption that an attack using incendiary weapons launched from an aircraft would involve any greater risk of indiscriminate hits than one launched by any other means.
It is the understanding of the French Republic that the term "clearly separated"used in article 2, paragraph 3, can be interpreted as meaning either a separation in terms of space or a separation by means of a physical barrier between the military target and the concentration of civilians.

Upon signature:
Declaration:
The Government of the French Republic declares that article 9 of the Convention must not be interpreted as precluding the application of the second paragraph of article 96 of the code of French nationality.
[All other declarations and reservations were confirmed in substance upon ratification.]
Upon ratification:
Declarations:
The Government of the French Republic declares that the preamble to the Convention in particular the eleventh preambular paragraph contains debatable elements which are definitely out of place in this text.
The Government of the French Republic declares that the term "family education" in article 5 (b) of the Convention must be interpreted as meaning public education concerning the family and that, in any event, article 5 will be applied subject to respect for article 17 of the International Covenant on Civil and Political Rights and article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The Government of the French Republic declares that no provision of the Convention must be interpreted as prevailing over provisions of French legislation which are more favourable to women than to men.
Reservation:
...
Article 29
The Government of the French Republic declares, in pursuance of article 29, paragraph 2, of the Convention, that it will not be bound by the provisions of article 29, paragraph 1.

Declarations:

1. France considers that the act of hostage-taking is prohibited in all circumstances.
2. With regard to the application of article 6, France, in accordance with the principles of its penal procedure, does not intend to take an alleged offender into custody or to take any other coercive measures prior to the institution of criminal proceedings, except in cases where pre-trial detention has been requested.
3. With regard to the application of article 9, extradition will not be granted if the person whose extradition is requested was a French national at the time of the events or, in the case of a foreign national, if the offence is punishable by the death penalty under the laws of the requesting State, unless that State gives what are deemed to be adequate assurances that the death penalty will not be imposed or, if a death sentence is passed, that it will not be carried out.

With regard to paragraph 2 (a) (iv) of article 11:

1. Whether the remuneration of employees of the Institute is exempted from the tax levied in France shall depend on the establishment by the Institute of an internal tax on such remuneration;
2. This exemption shall not apply to pensions and like income;
3. Salaries and emoluments may be taken into account for purposes of calculating the tax due on income from other sources.

Upon signature:

Declaration:

In accordance with the provisions of paragraph 16 (a) of the said Protocol, the Government of France 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 France shall not be bound by parts II and IV and anenxes C.1, F, G and H of the Protocol.

In depositing its instrument of approval, the Government of the French Republic declares, in accordance with the provisions of section 4 of article 13, that it will not accept, in so far as it is concerned, the application of the procedure provided for in section 2 of article 11 whereby a party may request the President of the International Court of Justice to appoint an arbitrator.

Declaration made upon signature:

Under the French Constitution, approval of the Convention is subject to authorization by Parliament.
It is understood that this approval is conditional upon compliance with the commitments undertaken by France under the Treaty of Rome establishing the European Economic Community and the Code of Liberalisation of invisible trade of the Organisation for Economic Co-operation and Development, taking into account any reservations which the French Government may deem fit to make to the provisions of this Convention.
Reservations made upon approval:

[Same reservations, identical in essence, as those made by Denmark.]

Déclarations:

France understands that only acts which may be defined as acts of terrorism constitute crimes within the meaning of article 2 of the Convention.
The application of the Convention shall be without prejudice to the Convention adopted at New York on 9 December 1994 on the Safety of United Nations and Associated Personnel.

With regard to article 23, paragraph 3 bis (b), of the Agreement on Road Signs and Signals, France intends to retain the possibility of using lights placed on the side opposite to the direction of traffic, so as to be in a position to convey meanings different from those conveyed by the lights placed on the side appropriate to the direction of traffic.

Moreover, with regard to article 23, paragraph 3 (a) (i) and 3 (a) (iii), France does not intend to specify metric distances in connexion with the prohibition of standing and parking mentioned in those provisions.

With regard to article 31, France does not consider itself bound by the provisions of paragraph 2 and declares that disputes relating to the interpretation and application of the Convention which have not been settled through the channels provided for in paragraph 1 of the said article may be referred to the International Court of Justice only with the consent of all the parties to the dispute.

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

Declaration:

In acceding to the Agreement, the French Republic recalls that the Departments of Guyana, Martinique and Guadeloupe are integral parts of the French territory and that, as a result, it is a state of the Caribbean region.

The French Government enters a reservation with regard to the application of article 10, paragraph 6, of the Convention on Road Signs and Signals in respect of metropolitan France and French overseas territories:
Decisions adopted under the Economic Commission for Europe provide for advance warning of sign B, 2a (Stop) by means of sign B, 1, supplemented by a rectangular panel bearing the "Stop" symbol and a figure indicating the distance to sign B, 2a. This rule conflicts with the provisions of article 10 of the Convention.

Declaration:

France interprets article 1 of the Protocol as giving the Committee the competence to receive and consider communications from individuals subject to the jurisdiction of the French Republic who claim to be victims of a violation by the Republic of any of the rights set forth in the Covenant which results either from acts, omissions, developments or events occurring after the date on which the Protocol entered into force for the Republic, or from a decision relating to acts, omissions, developments or events after that date. With regard to article 7, France's accession to the Optional Protocol should not be interpreted as implying any change in its position concerning the resolution referred to in that article.
Reservation:

France makes a reservation to article 5, paragraph 2(a), specifying that the Human Rights Committee shall not have competence to consider a communication from an individual if the same matter is being examined or has already been considered under another procedure of international investigation or settlement.

Declarations and reservations:

(1) The Government of the Republic considers that, in accordance with Article 103 of the Charter of the United Nations, in case of conflict between its obligations under the Covenant and its obligations under the Charter (especially Articles 1 and 2 thereof), its obligations under the Charter will prevail.
(2) The Government of the Republic enters the following reservation concerning article 4, paragraph 1: firstly, the circumstances enumerated in article 16 of the Constitution in respect of its implementation, in article 1 of the Act of 3 April 1978 and in the Act of 9 August 1849 in respect of the declaration of a state of siege, in article 1 of Act No. 55-385 of 3 April 1955 in respect of the declaration of a state of emergency and which enable these instruments to be implemented, are to be understood as meeting the purpose of article 4 of the Covenant; and, secondly, for the purpose of interpreting and implementing article 16 of the Constitution of the French Republic, the terms "to the extent strictly required by the exigencies of the situation" cannot limit the power of the President of the Republic to take "the measures required by circumstances".
(3) The Government of the Republic enters a reservation concerning articles 9 and 14 to the effect that these articles cannot impede enforcement of the rules pertaining to the disciplinary régime in the armies.
(4) The Government of the Republic declares that article 13 cannot derogate from chapter IV of Order No. 45-2658 of 2 November 1945 concerning the entry into, and sojourn in, France of aliens, nor from the other instruments concerning the expulsion of aliens in force in those parts of the territory of the Republic in which the Order of 2 November 1945 does not apply.
(5) The Government of the Republic interprets article 14, paragraph 5, as stating a general principle to which the law may make limited exceptions, for example, in the case of certain offences subject to the initial and final adjudication of a police court. However, an appeal against a final decision may be made to the Court of Cassation which rules on the legality of the decision concerned.
(6) The Government of the Republic declares that articles 19, 21 and 22 of the Covenant will be implemented in accordance with articles 10, 11 and16 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950.
(7) The Government of the Republic declares that the term "war", appearing in article 20, paragraph1, is to be understood to mean war in contravention of international law and considers, in any case, that French legislation in this matter is adequate.
(8) In the light of article 2 of the Constitution of the French Republic, the French Government declares that article 27 is not applicable so far as the Republic is concerned.

Declarations:

(1) The Government of the Republic considers that, in accordance with Article 103 of the Charter of the United Nations, in case of conflict between its obligations under the Covenant and its obligations under the Charter (especially Articles 1 and 2 thereof), its obligations under the Charter will prevail.
(2) The Government of the Republic declares that articles 6, 9, 11 and 13 are not to be interpreted as derogating from provisions governing the access of aliens to employment or as establishing residence requirements for the allocation of certain social benefits.
(3) The Government of the Republic declares that it will implement the provisions of article 8 in respect of the right to strike in conformity with article 6, paragraph 4, of the European Social Charter according to the interpretation thereof given in the annex to that Charter.

With regard to article 4, France wishes to make it clear that it interprets the reference made therein to the principles of the Universal Declaration of Human Rights and to the rights set forth in article 5 of the Convention as releasing the States Parties from the obligation to enact anti-discrimination legislation which is incompatible with the freedoms of opinion and expression and of peaceful assembly and association guaranteed by those texts.
With regard to article 6, France declares that the question of remedy through tribunals is, as far as France is concerned, governed by the rules of ordinary law.
With regard to article 15, France's accession to the Convention may not be interpreted as implying any change in its position regarding the resolution mentioned in that provision.

Upon signature of the Protocol of Signature:

Since the measurement signs affixed by the French services are not intended solely to establish the fact of measurement, the said signs shall not be either removed or effaced at the time of remeasurement; instead, an indelible mark consisting of a small cross with vertical and horizontal arms of equal length shall be applied to the left of such signs.

Pursuant to article 56 (2) of the said Agreement, the French Government retains for itself the right to levy taxes, as provided by French law, on salaries and emoluments paid by the Bank to French nationals.

Upon signature:

France declares that it accepts Protocol No. 1, annexed hereto, concerning Rights in rem in Inland Navigation Vessels, and Protocol No. 2, also annexed hereto, concerning Attachment and Forced Sale of Inland Navigation Vessels.
Upon ratification:

France, exercising the reservation provided for in article 19 of Protocol No. 1, declares pursuant to article 21, paragraph 2, of the Convention, that it will not apply the provisions of article 14, paragraph 2 (b), of this Protocol in the event of a forced sale in its territory.

declares that it will apply article 1 (2) of the Convention in accordance with its domestic laws reserving marriage celebrations in the absence of one of the parties only to exceptions expressly provided for in its legislation.
France declares that it will apply article 1 (1) of the Convention in accordance with its domestic legislation on the conditions for exemption from the formality of publication.

Article 5

The Government of the French Republic declares, in con- formity with article 5, paragraph 3 of the Convention, concerning the protection of phonograms, that it rejects the criterion of first publication in favour of the criterion of first fixation.
Article 12

The Government of the French Republic declares, first, that it will not apply the provisions of this article to all phonograms the producer of which is not a national of a Contracting State, in conformity with the provisions of article 16, paragraph 1 (a) (iii) of this Convention.
Secondly, the Government of the French Republic declares that, with regard to phonograms the producer of which is a national of another Contracting State, it will limit the extent and duration of the protection provided in this article (article 12), to those which the latter Contracting State grants to phonograms first fixed by French nationals.
29 June 1987

The Government of France specifies that it understands the expression "International Court of Justice", in article 30 of the Convention, as covering not only the Court itself but also a chamber of the Court.

The Government of the French Republic considers that article 38, paragraph 1, is to be interpreted as granting to a diplomatic agent who is a national of or permanently resident in the receiving State only immunity from jurisdiction, and inviolability, both being confined to official acts performed by the said diplomatic agent in the exercise of his functions.
The Government of the French Republic declares that the provisions of the bilateral agreements in force between France and foreign States are not affected by the provisions of the Con- vention.
The Government of the French Republic does not regard the statements concerning paragraph 1 of article 11 made by the Byelorussian Soviet Socialist Republic, the Mongolian People's Republic, the People's Republic of Bulgaria, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics as modifying any rights or obligations under that paragraph.
The Government of the French Republic does not regard as valid the reservation to article 27, paragraph 4, made by the State of Kuwait.
The Government of the French Republic does not regard as valid the reservations to article 37, paragraph 2, made by the Government of Cambodia, the Government of the Kingdom of Morocco, the Government of Portugal and the Government of the United Arab Republic.
None of these declarations shall be regarded as an obstacle to the entry into force of the Convention between the French Republic and the States mentioned.
28 December 1976

The Government of the French Republic does not regard as valid the reservations made by the People's Republic of China to article 37 of the Vienna Convention on Diplomatic Relations of 18 April 1961. This declaration is not to be regarded as preventing the Convention's entry into force as between the French Republic and the People's Republic of China.
29 August 1986

1. The Government of the French Republic declares that it does not recognize as valid the reservation entered by the Government of the Yemen Arab Republic which would make it permissible to request the opening of the diplomatic bag and to return it to the sender. The Government of the French Republic considers that this or any similar reservation is inconsistent with the object and the purpose of the Vienna Convention on Diplomatic Relations done at Vienna on 18April 1961.
2. This declaration shall not be regarded as an obstacle to the entry into force of the said Convention between the French Republic and the Yemen Arab Republic.

The Government of the French Republic declares that it accedes to this Convention while reserving the possibility provided for in article 44, paragraph 2 in fine of continuing in force article 9 of the Convention for the Suppression of the Illicit Traffic in Dangerous Drugs, signed at Geneva on 26 June 1936.

In accordance with article 19 of the Convention, [the Government of France] considers the French text as authentic.

Referring to the possibility offered by paragraph 3 of arti- cle I of the Convention, France declares that it will apply the Convention on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another contracting State.
Referring to paragraphs 1 and 2 of article X of the Conven- tion, France declares that this Convention will extend to all the territories of the French Republic.

In depositing this instrument of accession, the Government of the French Republic declares:
Article 1
In the view of the Government of the French Republic, the expression "adjacent" areas implies a notion of geophysical, geological and geographical dependence which ipso facto rules out an unlimited extension of the continental shelf.
Article 2 (paragraph 4)
The Government of the French Republic considers that the expression "living organisms belonging to sedentary species" must be interpreted as excluding crustaceans, with the exception of the species of crab termed "barnacle"; and it makes the following reservations:
Article 4
The Government of the French Republic accepts this article only on condition that the coastal State claiming that the measures it intends to take are "reasonable" agrees that if their reasonableness is contested it shall be determined by arbitration.
Article 5 (paragraph 1)
The Government of the French Republic accepts the provisions of article 5, paragraph 1, with the following reservations:
(a) An essential element which should serve as the basis for appreciating any "interference" with the conservation of the living resources of the sea, resulting from the exploitation of the continental shelf, particularly in breeding areas for maintenance of stocks, shall be the technical report of the international scientific bodies responsible for the conservation of the living resources of the sea in the areas specified respectively in article 1 of the Convention for the Northwest Atlantic Fisheries of 8 February 1949 and article 1 of the Convention for the Northeast Atlantic Fisheries of 24 January 1959.
(b) Any restrictions placed on the exercise of acquired fishing rights in waters above the continental shelf shall give rise to a right to compensation.
(c) It must be possible to establish by means of arbitration, if the matter is contested, whether the exploration of the continental shelf and the exploitation of its natural resources result in an interference with the other activities protected by article 5, paragraph 1, which is "unjustifiable".
Article 6 (paragraphs 1 and 2)
In the absence of a specific agreement, the Government of the French Republic will not accept that any boundary of the continental shelf determined by application of the principle of equidistance shall be invoked against it:
-- if such boundary is calculated from baselines established after 29 April 1958;
-- if it extends beyond the 200-metre isobath;
-- if it lies in areas where, in the Government's opinion, there are "special circumstances" within the meaning of article 6, paragraphs 1 and 2, that is to say: the Bay of Biscay, the Bay of Granville, and the sea areas of the Straits of Dover and of the North Sea off the French coast.

The provisions of article 10, paragraph 2, are regarded by the French Government as applying only to stateless persons who were forcibly displaced from French territory, and who have, prior to the date of entry into force of this Convention, returned there direct from the country to which they were forced to proceed, without in the meantime having received authorization to reside in the territory of any other State.

It is expressly declared that the French Government reserves the right, in respect of French establishments in India, to apply the transitional measures of article 19 of this Protocol, it being understood that the period mentioned in paragraph 1, sub-paragraph (b) (iii) of that article shall be fifteen years after the coming into effect of this Protocol.
The French Government likewise reserves the right in accordance with the transitional measures of article 19 to authorize the export of opium to French establishments in India for the same period of time.

In depositing its instrument of ratification, the Government of the French Republic, acting in accordance with article 42 of the Convention, makes the following statements:
(a) It considers that article 29, paragraph 2, does not prevent the application in French territory of the provisions of the Act of 7 May 1934 authorizing the levying of the Nansen tax for the support of refugee welfare, resettlement and relief work.
(b) Article 17 in no way prevents the application of the laws and regulations establishing the proportion of alien workers that employers are authorized to employ in France or affects the obligations of such employers in connexion with the employment of alien workers.

Upon signature: Interpretative statement:

France is of the view that the provisions of article 3, paragraph 2, of the Agreement relating to the use or threat of force cannot be construed as anything other than a reaffirmation, for the purposes of the field of endeavour covered by the Agreement, of the principle of the prohibition of the threat or use of force, which States are obliged to observe in their international relations, as set forth in the United Nations Charter.

At the time of signature of this Convention, the Government of the French Republic declares that it reserves the right to exercise the power available to it under article 8 (3) on the terms laid down in that paragraph, when it deposits the instrument of ratification of the Convention.
The Government of the French Republic also declares, in accordance with article 17 of the Convention, that it makes a reservation in respect of article 11, and that article 11 will not apply so far as the French Republic is concerned.
The Government of the French Republic further declares, with respect to article 14 of the Convention, that in accordance with article 17 it accepts the jurisdiction of the Court only in relation to States Parties to this Convention which shall also have accepted its jurisdiction subject to the same reservations; it also declares that article 14 will not apply when there exists between the French Republic and another party to this Convention an earlier treaty providing another method for the settlement of disputes between the two States.