World Intellectual Property Organization

Convention on the Protection and Promotion of the Diversity of Cultural Expressions 2005

Argentina

Reservation made upon ratification:
"The Argentine Republic considers that Article 27, paragraph 2, of the Convention is not applicable in respect of territories that are the subject of a sovereignty dispute recognized by the General Assembly of the United Nations between two States Parties to the Convention."

Australia

Declaration made upon accession:
"Australia declares that it considers that the obligation in Article 16 on developed countries to "facilitate cultural exchanges with developing countries by granting, through the appropriate institutional and legal frameworks, preferential treatment to artists and other cultural professionals and practitioners as well as cultural goods and services from developing countries" is not intended to affect the content or interpretation of domestic legislation, regulations, rules or criteria relating to eligibility for immigration visas or permits, or the exercise of discretion under legislation or regulations or in respect of rules or criteria."

Reservation made upon accession:
"The Convention shall be interpreted and applied in a manner that is consistent with the rights and obligations of Australia under any other treaties to which it is a party, including the Marrakesh Agreement Establishing the World Trade Organization. This Convention shall not prejudice the ability of Australia to freely negotiate rights and obligations in other current or future treaty negotiations."

Azerbaijan

Declaration made upon accession:
"The Republic of Azerbaijan declares that it is unable to guarantee implementation of the provisions of the Convention in its territories occupied by the Republic of Armenia (the Nagorno Karabakh region of the Republic of Azerbaijan and its seven districts surrounding that region), until the liberation of those territories from the occupation and complete elimination of the consequences of that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
The occupying power – the Republic of Armenia shall bear all responsibility for destroying cultural expressions in the occupied territories of the Republic of Azerbaijan as from the date of the occupation until the liberation of those territories from the occupation and complete elimination of the consequences of that occupation."

Declaration made upon accession:
"The Republic of Azerbaijan declares that in accordance with Article 25, paragraph 4 of the Convention, it does not recognize the conciliation procedure set out in Article 25, paragraph 3 of the Convention."

Central African Republic

The instrument contained the following declaration:
[…] le gouvernement des Emirats Arabes Unis adhère à la Convention de 2005 et s’engage à mettre en œuvre toutes ses dispositions, tout en émettant une réserve sur l’article (25) de cette Convention relative au règlement des litiges. En se basant sur l’alinéa (4) de cet article, le gouvernement des Emirats Arabes Unis se considère comme dispensé d’appliquer les mesures de conciliation.» [original : arabic]

Chile

Declaration made upon ratification:
"The Republic of Chile expresses a reservation with regard to the provisions of Article 25, paragraph 3, concerning the settlement of disputes and the Annex to the Convention. It hereby declares, in accordance with Article 25, paragraph 4, that it does not recognize the conciliation procedure laid down therein, which it considers to be inapplicable in its respect."

European Union (EU)

Declaration made upon accession:
"Declaration of the European Community in application of Article 27(3) (c) of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions
The current members of the European Community are the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Po land, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.
This Declaration indicates the competences transferred to the Community by the Member States under the Treaties, in the areas covered by the Convention.
The Community has exclusive competence for the common commercial po1icy (Articles 131-134 of the Treaty), except for the commercial aspects ofintel1ectua1 property and trade in services in those areas set out in Article 133 (5) and (6) of the Treaty (in particu1ar, in this context, trade in cultural and audiovisual services) where responsibility is shared between the Community and the Member States. 1t conducts a development cooperation po1icy (Articles 177-181 of the Treaty) and a policy of cooperation with industrialised countries (Article 181a of the Treaty) without prejudice to the respective competences of the Member States. It has shared competence as regards the free movement of goods, persons, services and capital (Articles 23-31 and 39-60 of the Treaty), competition (Articles 81-89 of the Treaty) and the internal market, including inte1lectual property (Articles 94-97 of the Treaty). Pursuant to Article 151 of the Treaty, in particu1ar paragraph 4 thereof, the Community takes cultural aspects into account in its action under other provisions of the Treaty, in particular in order to respect and to promote the diversity of its cultures.
The Community acts listed below illustrate the extent of the area of competence of the Community in accordance with the provisions establishing the European Community.
Council Decision 94/800/EC of22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the Agreements reached in the Uruguay Round multi1ateral negotiations (1986 to 1994) (OJ L 336,23.12.1994).
Council Regulation (EC) No 2501/2001 of 10 December 2001 applying a scheme of generalised tariff preferences for the period from 1 January 2002 to 31 December 2004 -Statements on a Council Regulation applying a scheme of generalised tariff preferences for the period from 1 January 2002 to 31 December 2004 (OJ L 346, 3l.12.2001,p. 0001 -0060).

Council Decision 2005/599/EC of 21 June 2005 concerning the signing, on behalf of the European Community, of the Agreement amending the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (OJ L 20911.08.2005, p. 26-27).
Council Regulation (EC) No 2698/2000 of 27 November 2000 amending Regulation (EC) No 1488/96 on financial and technical measures to accompany the reform of economic and social structures in the framework of the Euro-Mediterranean partnership (MEDA) (DJ L 311, 12.12.2000, p. 0001-0008).
Council Regulation (EEC) No 3906/89 of 18 December 1989 on economic aid to the Republic of Hungary and the Polish People's Repub1ic, and subsequent amendments, still applicable to Bu1garia and Romania (OJ L 375,23/12/1989 p. 0011- 0012).
Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia and repealing Regulation (EC) No 1628/96 and amending Regulations (EEC) No 3906/89 and (EEC) No 1360/90 and Decisions 97/256/EC and 1999/311/EC (OJ L 306, 7.12.2000, p. 0001-0006).
Council Regulation (EEC) No 443/92 of 25 February 1992 on financia1 and technical assistance to, and economic cooperation with, the developing countries in Asia and Latin America (OJ L 52, 27.2.1992,p.0001-0006).
Council Regulation (EC, Euratom) No 99/2000 of29 December 1999 concerning the provision of assistance to the partner States in Eastern Europe and Central Asia (OJ L 12, 18.1.2000, p.0001-0009).
Decision No 792/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level in the field of culture (OJ L 138, 30.04.2004, p. 40).
Decision No 508/2000/EC of the European Parliament and the Council of 14 February 2000 establishing the Culture 2000 programme (Dl L 063, 10.03.2000, p. 1).
Decision No 1419/1999/EC of the European Parliament and of the Council of25 May 1999 establishing a Community action for the European Capital of Culture event for the years 2005 to 2019 (OJ L 166, 01.07.1999. p. 1).
Council Decision of 22 September 1997 regarding the future of European cultural action (OJ C305, 07.10.1997, p. 1).
Council Decision of 22 September 1997 on cross-border fixed book prices in European linguistic are as (OJ C 305, 07.10.1997, p. 2).
Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities (OJ L 298, 17.10.1989, p. 23). Directive amended by
Directive 97/36/EC of the European Parliament and of the Council (Dl L 202, 30.07.1997, p. 60).

Council Decision 2000/821/EC of 20 December 2000 on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus -Development, Distribution and Promotion) (2001-2005) (OJ L 336, 30.12.2000, p. 0082-0091).
Decision No 163/2001 /EC of the European Parliament and of the Council of 19 January 2001 on the imp1ementation of a training programme for professiona1s in the European audiovisual programme industry (MEDIA-Training) (2001-2005) (DJ L 026, 27.01.2001, p. 0001-0009).
Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ L 83 27.03.1999, p.1), relating to State aid.
Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 157.30.04.2004, p. 0045 -0086).
Directive 2001/29/EC of the European Parliament and of the Council of22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 0010-0019).
Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art (01 L 272,13.10.2001, p. 0032-0036).
Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (OJ L 248, 06.10.1993, p. 0015-0021).Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights (OJ L 290, 24.11.1993, p. 0009-0013).
Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the fieldofintellectua1 property (OJ L 346, 27.11.1992, p. 0061-0066).
The exercise of Community competence is, by its nature, subject to continuous development. In this respect, therefore, the Community reserves the right to notify other future declarations regarding the distribution of competences between the European Community and the Member States.
Unilateral declaration on behalf of the Community in connection with deposition of the instrument of accession
"As regards the Community competences described in the Declaration pursuant to Article 27(3)(c) of the Convention, the Community is bound by the Convention and Will ensure its due implementation. It follows that the Member States of the Community which are party to the Convention in their mutual relations apply the provisions of the Convention in accordance with the Community's internal rules and without prejudice to appropriate amendments being made to these rules."."

Indonesia

Declaration made upon accession:
"With reference to Article 25 Paragraph (4) of this present Convention, the Government of the Republic of Indonesia declares that it shall not be bound by the provisions of Article 25 paragraph (3) of the Convention." [Original: English]

Mexico

Reservations made upon ratification:
"The United Mexican States wishes to enter the following reservation to the application and interpretation of Article 20 of the Convention:
This Convention shall be implemented in a manner that is in harmony and compatible with other international treaties, especially the Marrakesh Agreement Establishing the World Trade Organization and other international trade treaties.
With regard to paragraph 1, Mexico recognizes that this Convention is not subordinate to any other treaties and that other treaties shall not be subordinate to this Convention.
With regard to paragraph 1 (b), Mexico does not prejudge its position in future international treaty negotiations."

New Zealand

Declarations made upon accession:
"And declares that it considers that the obligation in Article 16 on developed countries to “facilitate cultural exchanges with developing countries by granting, through the appropriate institutional and legal frameworks, preferential treatments to artists and other cultural professionals and practitioners as well as cultural goods and services from developing countries” is not intended to affect the content or interpretation of domestic legislation, or rules or criteria relating to eligibility for immigration visas or permits, or the exercise of discretion under legislation, or in respect of rules or criteria, but is intended to reflect the way in which the entry of those eligible for visas or permits may be facilitated, such as through special procedures for processing applications;
And declare that it considers the clear legal effect of Article 20 is to ensure the provisions of the Convention do not modify in any way the rights and obligations of the Parties under other treaties to which they are also parties."

Viet Nam

Declaration made upon ratification:
"In ratifying the convention, the Socialist Republic of Vietnam, pursuant to paragraph 4 of Article 25 of the Convention, declares that the Socialist Republic of Vietnam does not consider itself bound by the provisions of paragraph 3 of Article 25 of the Convention."

 

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