Португалия

Declaration made upon approval:

“The Portuguese Republic hereby declares, in accordance with paragraph 1 of Article 10 and Article 70 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, that the provisions 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 pertaining to activities related to marine genetic resources and digital sequence information on marine genetic resources from areas beyond national jurisdiction shall not apply to the resources and information that were collected or generated prior to the entry into force 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. These provisions shall apply exclusively from the date on which 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 enters into force.”

“The Portuguese Republic declares that it recognizes the competence of the Committee on the Rights of the Child in accordance and for the purposes of article twelve of the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, adopted in New York, on the nineteenth of December of two thousand and eleven.”

Declaration:

"With regard to the Agreement on the Privileges and Immunities of the International Criminal Court, Portugal declares that the persons referred to in article 23 that are Portuguese nationals or have permanent residence in Portugal enjoy in Portuguese territory only the privileges and immunities referred to in this article."

7 August 2026>
Objection to the reservations made by the Islamic Republic of Iran upon ratification>
“Considering the Reservation, the Government of the Portuguese Republic notes that it objects to it on the following grounds: Article 19 of the Vienna Convention prohibits reservations that are incompatible with the object and purpose of a treaty. The Reservation is incompatible with the purpose and objective of the Convention, namely ‘to promote cooperation to prevent and combat transnational organized crime more effectively’.
The Reservation applies to Article 2 concerning the use of terms, Article 3 concerning the scope of application, Article 5 concerning the criminalization of participation in an organized criminal group, Article 10 concerning the liability of legal persons, Article 14(1) concerning the utilization of property, and Article 23 concerning the criminalization of obstruction of justice. These articles are essential and pivotal to the Convention, particularly in defining concepts and in the application of the Convention itself. The Reservation intends to subordinate the compliance of these norms of the Convention to its Constitution and Sharia Law, instead of adapting the latter to the international obligations that the Islamic Republic of Iran has undertaken by ratifying the Convention.
The Reservation equally falls to clearly define the extent of Iran's obligations under the Convention and aims at granting Iran an excessively broad margin of discretion, not foreseen in the Convention, by stating that "[t]he Islamic Republic of Iran will decide, on a case-by-case basis, the application of Article 15, 16 and 18 of the Convention regarding cooperation in matters related to extradition or mutual legal assistance." This equally undermines the object and purpose of the Convention as it weakens essential cooperation mechanisms concerning the extradition and mutual legal assistance which are two basic aspects of the Convention. This makes this reservation equally incompatible with the object and purpose of the Convention pursuant to Article 19(c) VCLT.
The Reservation in the part that concerns the right to self-determination comes into question due to the lack of necessity. No provision of the Convention can validly be interpreted as conflicting with the right to self-determination.
Declaration No. 2 constitutes in effect a reservation, as it neither clarifies the scope of application of a treaty provision nor provides information required by the Convention itself. Instead, it replaces the conventional dispute resolution regime with the regime established in Principle 139 of the Constitution of the Islamic Republic of Iran, subordinating the application of the Convention to a rule of domestic law. Regardless of its formal designation, the intended legal effects are incompatible with the law of treaties, and Portugal does not consider itself bound by any dispute resolution process under which the jurisdiction of an arbitral tribunal depends upon the fulfilment of any requirements under the domestic legal system of the Islamic Republic of Iran.
The Government of the Portuguese Republic therefore objects to the aforesaid reservations made by the Islamic Republic of Iran to the United Nations Convention against Transnational Organized Crime. However, this objection shall not preclude the entry into force of the Convention between the Portuguese Republic and the Islamic Republic of Iran.”

Upon signature:

Declaration:

“Concerning article 2 of the Protocol, the Portuguese Republic considering that it would have preferred the Protocol to exclude all types or recruitment of persons under the age of 18 years - whether this recruitment is voluntary or not, declares that it will apply its domestic legislation which prohibits the voluntary recruitment of persons under the age of 18 years and will deposit a binding declaration, in conformity with paragraph 2 of article 3 of the Protocol, setting forth 18 years as the minimum age for voluntary recruitment in Portugal.”
Upon ratification:

Declaration:

"The Government of Portugal declares, in accordance with article 3, paragraph 2, of the Optional Protocol to the Convention on the Rights of the Child on the Involvment of Children in Armed Conflict that the minimum age for any recruitment - including voluntary - of persons into its national armed forces is 18 years. This age limit is already contained in the Portuguese domestic legisation."

Declaration:

“... with the following declaration:
The Portuguese Republic declares the intention to exercise its jurisdictional powers over every person found in the Portuguese territory, that is being prosecuted for the crimes set forth in article 5, paragraph 1 of the Rome Statute of the International Criminal Court, within the respect for the Portuguese criminal legislation. ...”

Upon signature:

Declaration:

“For the purposes of article 8, paragraph 2, of the Convention, Portugal declares that the extradiction of Portuguese nationals from its territory will be authorized only if the following conditions, as stated in the Constitution of the Portuguese Republic, are met:
a) In case of terrorism and organised criminality; and
b) For purposes of criminal proceedings and, being so, subject to a guarantee given by the state seeking the extradition that the concerned person will be surrended to Portugal to serve the sentence or mesure imposed on him or her, unless such person does not consent thereto by means of expressed declaration.
For purposes of enforcement of a sentence in Portugal, the procedures referred to in the declaration made by Portugal to the European Convention on the transfer of sentenced persons shall be complied with.”

Declaration:

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

Declaration made upon signature and confirmed upon ratification:

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

Declarations:

1. Portugal reaffirms, for the purposes of delimitation of the territorial sea, the continental shelf and the exclusive economic zone, its rights under domestic law in respect of the mainland and of the archipelagos and the islands incorporated therein;
2. Portugal declares that, within a 12-nautical mile zone contiguous to its territorial sea, it will take such control measures as it deems to be necessary, in accordance with the provisions of article 33 of this Convention;
3. Pursuant to the provisions of the [said Convention], Portugal enjoys sovereign rights and jurisdiction over an exclusive economic zone of 200 nautical miles from the baseline from which the breadth of the territorial sea is measured;
4. The maritime boundary lines between Portugal and the States whose coasts are opposite or adjacent to its own coasts are those which historically have been established on the basis of international law;
5. Portugal expresses its understanding that Resolution III of the Third United Nations Conference on the Law of the Sea shall fully apply to the non-self-governing Territory of East Timor, of which it remains the administering Power, under the United Nations Charter and the relevant Resolutions of the General Assembly and of the Security Council. Accordingly the application of the Convention, in particular a delimitation, if any, of the maritime areas of the territory of East Timor, shall take into consideration the rights of its people under the Charter and the said Resolutions, and, furthermore, the responsibilities incumbent upon Portugal as administering Power of the Territory of East Timor;
6. Portugal declares that, without prejudice to the provisions of article 303 of the [said Convention] and to the application of other legal instruments of international law regarding the protection of the underwater archaeological heritage, any objects of a historical or archaeological nature found in the maritime zones under its sovereignty or jurisdiction may be removed only after prior notice to and subject to the consent of the competent Portuguese authorities.
7. Ratification by Portugal of this Convention does not imply the automatic recognition of any maritime or land boundary;
8. Portugal does not consider itself bound by the declarations made by other States and it reserves its position as regards each declaration to be expressed in due time;
9. Bearing in mind the available scientific information and with a view to the protection of the environment and of the sustained growth of economic activities based on the sea, Portugal will, preferably through international co-operation and taking into account the precautionary principle, carry out control activities beyond the areas under national jurisdiction;
10. For the purposes of article 287 of the Convention, Portugal declares that, in the absence of non-judicial means for the settlement of disputes arising out of the application of this Convention, it will choose one of the following means for the settlement of disputes:
a) The International Tribunal for the Law of the Sea, established in pursuance of Annex VI;
b) The International Court of Justice;
c) An arbitral tribunal, constituted in accordance with Annex VII;
d) A special arbitral tribunal, constituted in accordance with Annex VIII;
11. In the absence of other peaceful means for the settlement of disputes Portugal will in accordance with Annex VIII to the Convention, choose the recourse to a special arbitral tribunal in so far as the application of the provisions of this Convention, or the interpretation thereof, to the matters relating to fisheries, protection and preservation of marine living resources and marine environment, scientific research, navigation and marine pollution are concerned;
12. Portugal declares that, without prejudice to the provisions contained in Section 2, Part XV of this Convention, it does not accept the compulsory procedures referred to in Section 1 of the said Part, with respect to one or more of the categories specified in article 298 (a) (b) (c) of this Convention;
13. Portugal Notes that, as a Member State of the European community, it has transferred to the Community competence over a few matters governed by this Convention. A detailed declaration will be submitted in due time, specifying the nature and extent of the matters in respect of which it has transferred competence to the Community, in accordance with the provisions of Annex IX to the Convention.

Declaration:

Pursuant to article 16 (a) of the Protocol, [Portugal] shall not be bound by parts II and IV (a) and annexes C.1, F, G and H of the Protocol.

A. Reservations :
1. In application of the Code of Conduct, the term "national shipping line" may, in the case of a Member State of the European Community, include any vessel-operating shipping line established on the territory of such Member State in accordance with the EEC Treaty.
2 (a) Without prejudice to paragraph (b) of this reserva- tion, article 2 of the Code of Conduct shall not be applied in conference trades between the Member States of the Community and, on a reciprocal basis, between such States and the other OECD countries which are parties to the Code.
(b) The text of paragraph (a) shall not affect the opportunities for participation as third country shipping lines in such trades, in accordance with the principles reflected in article 2 of the Code, of the shipping lines of a developing country which are recognized as national shipping lines under the Code and which are:
(i) Already members of a conference serving these trade; or
(ii) Admitted to such a conference under article 1 (3) of the Code.
3. Articles 3 and 14 (9) of the Code of Conduct shall not be applied in conference trades between the Member States of the Community and, on a reciprocal basis, between such States and the other OECD countries which are parties to the Code. In trades to which Article 3 of the Code of Conduct applies, the last sentence of that Article is interpreted as meaning that:
- The two groups of national shipping lines will co-ordinate their positions before voting on matters concerning the trade between their two countries;
- This sentence applies solely to matters which the conference agreement identifies as requiring the assent of both groups of national shipping lines concerned, and not to all matters covered by the conference agreement.
B. Declarations:
1. The Government of Portugal considers that the United Nations Convention on a Code of Conduct for Liner Conferences affords the shipping lines of developing countries extended opportunitieso participate in the conference system and is drafted so as to regulate conferences and their activities in open trades. The Government also considers that it is essential for the functioning of the Code and conferences subject thereto that opportunities for fair competition on a commercial basis by non-conference shipping lines continue to exist and that shippers are not denied an option in the choice between conference shipping lines and non-conference shipping lines, subject to loyalty arrangements where they exist. These basic concepts are reflected in a number of provisions of the Code itself, including its objectives and principles, and they are expressly set out in Resolution No. 2 on non-conference shipping lines adopted by the United Nations Conference of Plenipotentiaries.
2. The Government considers furthermore that any regulations or other measures adopted by a Contracting Party to the Convention with the aim or effect of eliminating such opportu- nities for competition by non-conference shipping lines would be inconsistent with the above-mentioned basic concepts and would bring about a radical change in the circumstances in which conferences subject to the Code are envisaged as operating. Nothing in the Convention obliges other Contracting Parties to accept either the validity of such regulations or measures or situations where conferences, by virtue of such regulations or measures, acquire effective monopoly in trades subject to the Code.
3. The Government of Portugal declares that it will implement the Convention in accordance with the basic concepts and considerations herein stated and, in so doing, is not precluded by the Convention from taking appropriate steps in the event that another Contracting Party adopts measures or practices that prevent fair competition on a commercial basis in its liner trade.

Declaration :

"Article 66" of the Vienna of the Convention is inextricably linked with the provisions of Part V to which it relates. Therefore, Portugal declares that as to its relation with any State which has made or makes a reservation to the effect that this State will not be bound by some or all of the provisions of article 66, it will consider itself bound neither by those procedural norms nor by the substantive norms of Part V of the Convention to which the procedures provided for in Article 66 do not apply as a result of the said reservation. However, Portugal does not object to the entry into force of the remaining of the Convention between the Portuguese Republic and such a State and considers that the absence of treaty relations between itself and that State with regard to all or certain norms of Part V will not in any way impair the latter to fulfil any obligation embodied in those provisions to which it is subject under international law in dependently of the Convention".

Reservation:

“Under paragraph 1 of Article 38 of the Convention, the Portuguese Republic declares that in all cases where the stateless persons are accorded the most favourable treatment accorded to nationals of a foreign country, this clause shall not be interpreted as covering the regime applicable to nationals of Brazil, nationals from the European Union countries or nationals from other countries with which Portugal has established or may establish community relations, namely the Portuguese speaking States.”

13 July 1976

"In all cases in which the Convention confers upon the refugees the most favoured person status granted to nationals of a foreign country, this clause will not be interpreted in such a way as to mean the status granted by Portugal to the nationals of Brazil."

In accordance with section IV (b) of annex 6, the Government of Portugal has indicated that it will only permit one trailer to be drawn by a vehicle and that it will not permit an articulated vehicle to draw a trailer, and that it will not permit articulated vehicles for the transport of passengers.

Upon signature:

"Portugal declares under its article 2, paragraph 2, sub-paragraph a ), that is shall control and reduce its national annual emissions of VOC's or their transboundary fluxes in accordance with the way specified at that article."