Partijen en gegevens

Subject to reservation provided for in Article 34 and Article 26, numbers 1 and 2.

…subject to the reservations in conformity with Article 34 of the Convention made in connection with the signing of the Convention

In accordance with Article 34 of the Convention on the recognition and enforcement of decisions relating to maintenance obligations, the Italian Republic reserves the right not to recognise or enforce a decision or settlement unless it provides for the periodical payment of maintenance, provided for in Article 26, paragraph 3, except a decision or settlement providing for a single payment of the sum owed upon the dissolution of the marriage, as governed by the final sentence of Article 5, paragraph 4 of the law of 1 December 1970, No. 898.

In application of Article 34 in connection with Article 26 of the Convention the Kingdom makes the reservation that the Convention shall not be applied to decisions or settlements in respect of maintenance obligations between persons related collaterally.

[…] the provisions of the Convention are extended, in relation to other States making the same declarations to an official deed drawn up by or before an authority or public official and directly enforceable in the State of origin insofar as these provisions can be applied to such deeds.

In accordance with Article 34 of the Convention the Grand Duchy of Luxembourg reserves the right not to recognise or enforce

With the reservation provided for in Article 26, paragraph 1, sub 2.

In conformity with Article 34, the Government of Norway reserves the right provided for in Article 26, paragraph 1 No 2, not to recognise or enforce decisions and settlements relating to maintenance obligations between persons related collaterally and between persons related by affinity.

In accordance with Article 34, first paragraph of the Convention Portugal reserves the right not to recognise or enforce the decisions and settlements mentioned in Article 26, paragraph 1 and 2 (b).

The Socialist Republic of Czechoslovakia, referring to the Convention on the recognition and enforcement of decisions relating to maintenance obligations, concluded at The Hague on 2 October 1973, reserves the right in accordance with Article 34 of that Convention not to recognise or enforce the decisions and settlements relating to the maintenance obligations described in Article 26, para 2 (a) and (b), since Czechoslovak Law does not recognise maintenance obligations between the persons mentioned therein.

At the same time, the Socialist Republic of Czechoslovakia wishes to state, in connection with Article 32 of the Convention according to all States the right to declare that the Convention shall be applicable to all territories for the international relations of which it is responsible, that keeping certain countries in a state of dependence is in its opinion con-trary to the spirit and objectives of the United Nations Declaration of 14 December 1960 on the granting of independence to colonial countries and peoples, which declares the necessity for a speedy and unconditional end to colonialism in all its forms.

Pursuant to article 34 of the Convention, the Republic of Turkey reserves the right provided for in article 26, paragraphs 2 and 3 not to recognise or enforce decisions or settlements in respect of maintenance obligations between persons related collaterally or by affinity, or decisions or settlements that do not provide for the periodical payment of maintenance.

[…] and under the declaration with reference to Article 33 that the Convention shall extend to all the territorial units of the United Kingdom: England and Wales, Northern Ireland, Scotland.

In accordance with the second paragraph of Article 34, the United Kingdom, acting in respect of the Isle of Man:

Requests for the recognition and enforcement in the Isle of Man of decisions relating to maintenance obligations are to be adressed to:

The Secretary of State

Home Office (C2 Division)

Queen Anne's Gate

London SWIH 9AT.

In conformity with Article 34 of this Convention Sweden reserves the right not to recognise or enforce the decisions and settlements described in Article 26, numbers 1 and 2.

In conformity with Article 34, Switzerland reserves the right provided for in Article 26, paragraph 1, number 2, a en b., not to recognise or enforce the decisions and settlements relating to maintenance obligations between persons related collaterally and between persons related by affinity.

This reservation was withdrawn on 29 March 1993. It will cease to have effect on 1 June 1993.

The Federal Republic of Germany declares pursuant to sub-paragraph 2 of Article 26 of the Convention that it will not recognize or enforce a decision or settlement in respect of maintenance obligations

Notwithstanding this reservation, the Federal Republic of Germany will proceed as follows in accordance with its internal law:

It will also recognize and enforce in conformity with the provisions of the Convention any decisions and settlement from another Contracting State in respect of maintenance obligations between persons related collaterally and between persons related by affinity; however, it will refuse recognition and enforcement of such decisions at the request of the maintenance debtor if there is no maintenance obligation under the internal law of the State of which the debtor and the creditor are nationals or, in the absence of a common nationality, under the law applicable at the habitual residence of the debtor.

The Federal Republic of Germany also declares pursuant to Article 25 of the Convention that the provisions of the Convention will be extended, in relation to other States making a declaration under this Article, to an official deed (‘acte authentique’) drawn up by or before an authority or public official and directly enforceable in the State of origin insofar as these provisions can be applied to such deeds.

The Government of the Federal Republic of Germany declared, furthermore, that the Convention shall apply also to Berlin(West) with effect from the date on which it enters into force for the Federal Republic of Germany.

With reservations provided for in Article 26, numbers 1 and 2, under a and b.

The provisions of the Convention will be extended, in relation to other States making a declaration under this Article to an official deed (‘acte authentique’) drawn up by or before un authority or public official and directly enforceable in the State of origin insofar as these provisions can be applied to such deeds.

[…]

As from 01-01-1992 the Norwegian National Insurance Office for Social Insurance Abroad, Child Maintenance Division, functions as transmitting as well as receiving agency for the recovery of maintenance contri-butions to children where one of the parents is resident abroad.

The Norwegian body designated as requesting agency is:

The Labour and Welfare Collection Agency,

N-9917 Kirkenes, Norway.

Phone number: +47 78 97 77 00

Fax number: +47 78 99 97 99

E-mail: nav.innkrevingssentral@nav.no

The Norwegian body designated as receiving agency is:

The National Office for Social Insurance Abroad,

Postboks 8138, Dep.,

N-0033 Oslo, Norway.

Telephone: +47 23 31 13 00

Fax: +47 23 31 13 01

E-mail: nav.utland@nav.no

The Czech Republic maintains the reservation made by Czechoslovakia.

Slovakia maintains the reservations made by Czechoslovakia.

The Kingdom of the Netherlands consisted of three parts: the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consisted of the islands of Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba.

With effect from 10 October 2010, the Netherlands Antilles ceased to exist as a part of the Kingdom of the Netherlands. Since that date, the Kingdom consists of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten enjoy internal self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands Antilles do.

These changes constitute a modification of the internal constitutional relations within the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain the subject of international law with which agreements are concluded. The modification of the structure of the Kingdom will therefore not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles. These agreements, including any reservations made, will continue to apply to Curaçao and Sint Maarten.

The other islands that have formed part of the Netherlands Antilles - Bonaire, Sint Eustatius and Saba - became part of the Netherlands, thus constituting 'the Caribbean part of the Netherlands'. The agreements that applied to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements.

The reservation and declaration [of 12 December 1980] are confirmed for Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba).

The reservation and declaration remain valid for the European part of the Netherlands and Aruba.

[…], the Estonian Riigikogu while acceding to the said Convention made a reservation in accordance with Article 34 not to recognize and enforce the decisions or settlements of paragraphs 2 and 3 of Article 26.

[…], the Estonian Riigikogu while acceding to the said Convention declared that the public body acting in Estonia as Transmitting- and Receiving Agency shall be the Ministry of Justice.

The government of Australia, pursuant to subparagraph 2 of the first paragraph of Article 26, hereby reserves the right not to recognise or enforce decisions or settlements in respect of maintenance obligations

The government of Australia further declares, pursuant to Article 32, that the Convention will extend to all the territories for the international relations of which Australia is responsible.

The designated central/competent authority of Jersey is:

The Attorney General of Jersey

William J. Bailhache, QC

HM Attorney General

Law Officers Dept

Morier House

St Helier

Jersey JE1 1DD

Tel 0044 1534 502 200

Fax 0044 1534 502 299

law.officers@jersey.gov.je

In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.

The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.

In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine - the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against the Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.

Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.

The provisions of the Conventions regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The procedure of the relevant communication is determined by the central authorities of Ukraine in Kyiv.

(Unofficial translation)

Statement on the Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations:

Reaffirming its firm commitment to respect and fully comply with generally recognised principles and rules of international law, the Russian Federation, with reference to the declaration of Ukraine of 16 October 2015 regarding the Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations, states the following.

The Russian Federation rejects to the above mentioned declaration of Ukraine and states that it cannot be taken into consideration as it is based on a bad faith and incorrect presentation and interpretation of facts and law.

The declaration of Ukraine regarding "certain districts of the Donetsk and Luhansk oblasts of Ukraine" cannot serve as a justification for non-compliance with its obligations, disregard for humanitarian considerations, refusal or failure to take necessary measures to find practical solutions for issues that have a very serious and direct impact on the ability of residents of those regions to exercise their fundamental rights and freedoms provided for by international law.

The declaration of independence of the Republic of Crimea and its voluntary accession to the Russian Federation are the result of a direct and free expression of will by the people of Crimea in accordance with democratic principles, a legitimate form of exercising their right to selfdetermination given an aided from abroad violent coup d'état in Ukraine which caused rampant radical nationalist elements not hesitating to use terror, intimidation and harassment against both its political opponents and the population of entire regions of Ukraine.

The Russian Federation rejects any attempts to call into question an objective status of the Republic of Crimea and the city of Sevastopol as constituent entities of the Russian Federation, the territories of which are an integral part of the territory of the Russian Federation under its full sovereignty. Thus, the Russian Federation states that as it is not a party to the Convention, the Convention does not apply to this part of its territory.

Statement on the Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations:

Reaffirming its firm commitment to respect and fully comply with generally recognised principles and rules of international law, the Russian Federation, with reference to the declaration of Ukraine of 16 October 2015 regarding the Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations, states the following.

The Russian Federation rejects to the above mentioned declaration of Ukraine and states that it cannot be taken into consideration as it is based on a bad faith and incorrect presentation and interpretation of facts and law.

The declaration of Ukraine regarding "certain districts of the Donetsk and Luhansk oblasts of Ukraine" cannot serve as a justification for non-compliance with its obligations, disregard for humanitarian considerations, refusal or failure to take necessary measures to find practical solutions for issues that have a very serious and direct impact on the ability of residents of those regions to exercise their fundamental rights and freedoms provided for by international law.

The declaration of independence of the Republic of Crimea and its voluntary accession to the Russian Federation are the result of a direct and free expression of will by the people of Crimea in accordance with democratic principles, a legitimate form of exercising their right to selfdetermination given an aided from abroad violent coup d'état in Ukraine which caused rampant radical nationalist elements not hesitating to use terror, intimidation and harassment against both its political opponents and the population of entire regions of Ukraine.

The Russian Federation rejects any attempts to call into question an objective status of the Republic of Crimea and the city of Sevastopol as constituent entities of the Russian Federation, the territories of which are an integral part of the territory of the Russian Federation under its full sovereignty. Thus, the Russian Federation states that as it is not a party to the Convention, the Convention does not apply to this part of its territory.

The Republic of Poland takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on civil procedure (1954), the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965), the Convention on the taking of evidence abroad in civil or commercial matters (1970), the Convention on the recognition and enforcement of decisions relating to maintenance obligations (1973), the Convention on the civil aspects of international child abduction (1980) and the Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children (1996) and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.

In relation to the Declarations made by the Russian Federation, the Republic of Poland declares, in accordance with the duty of non-recognition as lawful a situation created by a serious breach by State of an obligation arising under a peremptory norm of general international law and in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognize the illegal referendum in Crimea and the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.

As regards the territorial scope of the above Conventions, the Republic of Poland therefore considers that the Conventions in principle continue to apply to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine. The Republic of Poland further notes the Declarations by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol as well as certain districts of the Donetsk and Luhansk oblasts of Ukraine are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Conventions is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the government of Ukraine will determine the procedure for relevant communication.

As a consequence of the above, the Republic of Poland declares that it will not engage in any direct communication or interaction with authorities in the Autonomous Republic of Crimea and the city of Sevastopol as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine and will not accept any documents or requests emanating from such authorities or through the authorities of the Russian Federation, but will only engage with the central authorities of Ukraine for the purposes of the application and implementation of the conventions.

In view of the ongoing aggression of the Russian Federation against Ukraine, Ukraine hereby informs the Depositary […] of the inability to guarantee the fulfilment by the Ukrainian side of obligations [under the above Convention] to the full extent for the period of the armed aggression of the Russian Federation and the martial law in place in the territory of Ukraine until complete termination of the encroachment upon the sovereignty, territorial integrity and inviolability of Ukraine.

In accordance with the first paragraph of Article 34 of the Convention, the principality of Andorra reserves the right not to recognise or enforce the decisions and the settlements described in paragraph 1 of Article 26.

Signature subject to the reservation entered pursuant to article 26.

Reservations to article 26 of the Convention:

Greece reserves the right not to recognise or enforce decisions or settlements in respect of maintenance obligations:

Reservation referred to in Article 26(3) of the Convention on the recognition and enforcement of decisions relating to maintenance obligations, concluded on October 2nd, 1973.

The Republic of Poland, in accordance with Article 34, reserves the right not to recognize or enforce a decision or settlement unless it provides for a periodical payment of maintenance.

One of the principles of the Polish law concerning maintenance obliga-tions is a periodical current provision of means of subsistence.