Declarations made upon ratification: "Article 5 The Government of Spain, in conformity with article 5, paragraph 3, of the Convention for the protection of phonograms, declares that it will not apply the criterion of first publication and will apply instead the criterion of first fixation. Article 6 The Government of Spain, in conformity with article 6, paragraph 2, of the Convention, declares that it will protect broadcasts only if the headquarters of the broadcasting organization is situated in another Contracting State and the broadcast was transmitted from a transmitter situated in the same Contracting State. Article 16 The Government of Spain, in conformity with the provisions of article 16, paragraph 1, of the Convention, and in relation to article 12 of the Convention, declares that: Firstly, in conformity with the provisions of article 16, paragraph 1 (a) (iii), of the Convention, it will not apply the provisions of article 12 as regards phonograms the producer of which is not a national of a Contracting State. Secondly, the Spanish Government, as regards phonograms the producer of which is a national of another Contracting State, will reduce the scope and duration of the protection provided in article 12 insofar as the Contracting State does likewise with respect to phonograms whose fixations were first made by nationals of Spain, in conformity with the provisions of article 16, paragraph 1 (a) (iv), of the Convention."