DECLARATIONS AND RESERVATIONS
AUSTRIA
Reservation (translation):
"Considering the obligations resulting from
its status as a permanently neutral state, the Republic of Austria
declares a reservation to the effect that its co-operation within
the framework of this Convention cannot exceed the limits determined
by the status of permanent neutrality and membership with the
United Nations. This reservation refers in particular to Article
VII of this Convention as well as to any similar provision replacing
or supplementing this Article."
BAHRAIN
Reservation:
"The accession by the State of Bahrain to
the Convention on the Prohibition of the Development, Production
and Stockpiling of Bacteriological (Biological) and Toxin Weapons
and on their Destruction, 1972, shall in no way constitute recognition
of Israel or be a cause for the establishment of any relations
of any kind herewith."
CHINA, PEOPLE'S
REPUBLIC OF
Statement:
"1. The basic spirit of the Convention
on the Prohibition of Biological Weapons conforms to China's consistent
position and is conducive to the efforts of the world's peace-loving
countries and peoples in fighting against aggression and maintaining
world peace. China once was one of the victims of biological (bacteriological)
weapons. China has not produced or possessed such weapons and
will never do so in the future. However, the Chinese Government
considers that the Convention has its defects. For instance, it
fails to provide in explicit terms for the "prohibition of
the use of" biological weapons and the concrete and effective
measures for supervision and verification; it lacks forceful measures
of sanctions in the procedure of complaint against instances of
violation of the Convention. It is the hope of the Chinese Government
that these defects maybe made up or corrected at an appropriate
time.
2. It is also the hope of the Chinese Government
that a convention on complete prohibition and thorough destruction
of chemical weapons will soon be concluded.
3. The signature and ratification of the
Convention by the Taiwan authorities in the name of China on 10
April 1972 and 9 February 1973 are illegal and null and void."
CZECH REPUBLIC
In a Note dated 24 March 1993, received on 5
April 1993 the Minister of Foreign Affairs for the Czech Republic
notified the Secretary of State for Foreign and Commonwealth Affairs
of the following:
"Upon the instruction of the Government
of the Czech Republic and referring to the Declaration of the
Czech National Council to All Parliaments and Nations of the World
of 17 December 1992, I have the honour to communicate to Your
Excellency the following:
In conformity with the valid principles of international
law and to the extent defined by it, the Czech Republic, as a
successor State to the Czech and Slovak Federal Republic, considers
itself bound, as of 1 January 1993 i.e. the date of the dissolution
of the Czech and Slovak Federal Republic, by multilateral international
treaties to which the Czech and Slovak Federal Republic was a
party on that date, including reservations and declarations to
their provisions made earlier by the Czech and Slovak Federal
Republic.
From among the treaties deposited with the Government
of the United Kingdom of Great Britain and Northern Ireland this
applies also to the following:
Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological) and
Toxin Weapons and on their Destruction, done at London, Washington
and Moscow on 10 April 1972."
INDIA
Statement on signature:
"India has stood for the elimination of
both chemical and bacteriological (biological) weapons. However,
in view of the situation that developed in regard to the discussions
concerning biological and chemical weapons, it became possible
to reach agreement at the present moment on a Convention on the
elimination of biological and toxin weapons only. Negotiations
would need to be continued for the elimination of chemical weapons
also. It has been recognised that, both in regard to the Convention
on biological and toxin weapons and in respect of future negotiations
concerning chemical weapons, the Geneva Protocol of 1925 should
be safeguarded and the inseparable link between prohibition of
biological and chemical weapons should be maintained.
India's position on the Convention on biological
and toxin weapons has been outlined in the statements of the representative
of India before the Conference of the Committee on Disarmament
(CCD) and the First Committee of the General Assembly.
The Government of India would like to reiterate
in particular its understanding that the objective of the Convention
is to eliminate biological and toxin weapons, thereby excluding
completely the possibility of their use, and that the exemption
in regard to biological agents or toxins, which would be permitted
for prophylactic, protective or other peaceful purposes would
not, in any way, create a loophole in regard to the production
or retention of biological and toxin weapons. Also, any assistance
which might be furnished under the terms of the Convention would
be of medical or humanitarian nature and in conformity with the
Charter of the United Nations.
India's support of the Convention on biological
and toxin weapons is based on these main considerations. It is
India's earnest hope that the Convention will be adhered to by
all States, including all the major Powers, at a very early date."
This statement was reiterated on ratification.
IRELAND
Declaration:
"The accession on 29 August 1930 of the
Government of the Irish Free State to the Protocol for the Prohibition
of the Use in War of Asphyxiating, Poisonous or other Gases, and
of Bacteriological Methods of Warfare, opened for signature at
Geneva on 17 June 1925, was subject to the reservations that they
did not intend to assume by this accession any obligation except
towards States which had signed and ratified this Protocol or
which would have finally acceded thereto, and that in the event
of the armed forces of any enemy State or of any ally of such
State failing to respect the said Protocol, the Government of
the Irish Free State would cease to be bound by the said Protocol
towards any such State.
The Government of Ireland recognise that the
value of the Convention on the Prohibition of the Development
Production and Stockpiling of Bacteriological (Biological) and
Toxin Weapons and on their Destruction which has been signed on
their behalf today, could be undermined if reservations made by
Parties to the 1925 Geneva Protocol were allowed to stand as the
prohibition of possession is incompatible with the right to retaliate.
As this Convention purports to strengthen the Geneva Protocol,
there should be an absolute and universal prohibition of the use
of the weapons in question. The Government of Ireland, accordingly,
have notified the depository Government for the 1925 Geneva Protocol
of their withdrawal of their reservations to the Protocol. The
withdrawal of these reservations applies to chemical as well as
to bacteriological (biological) and toxin agents of warfare."
KOREA
Statement:
"The signing by the Government of the Republic
of Korea of the present Convention does not in any way mean or
imply the recognition of any territory or regime which has not
been recognised by the Government of the Republic of Korea as
a state or government."
KUWAIT
Understanding:
"In ratifying the Convention on the Prohibition
of Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and their Destruction, 1972, the
Government of the State of Kuwait takes the view that its ratification
does not in any way imply its recognition of Israel, nor does
it oblige it to apply the provisions of the aforementioned Convention
in respect of the said country."
In tendering this "Understanding"
the Government of the State of Kuwait reaffirms its position its
accepting the obligations it has undertaken to assume by virtue
of its ratification of the said Convention. It also confirms that
the last clause of the "Understanding" does not prejudice
the said indivisible obligations.
MALAYSIA
Reservation:
"Malaysia's ratification of this Convention
does not in any way constitute recognition of the States of Israel
and South Africa nor does it consider itself duty bound by Article
VII to provide assistance to those two States."
MEXICO
Statement (translation):
On signing the Convention on the Prohibition
of the Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on their Destruction, the Government
of Mexico wishes to record that it:
1. Continues to be convinced that the same
reasons which made it advisable to prohibit biological and chemical
weapons jointly in the Geneva Protocol of 1925 exist now to strive
to pursue identical methods with respect to the prohibition of
the development, production and stockpiling of the said weapons,
as well as their elimination from the arsenals of all States.
2. Considers that the fact that the Convention
now open for signature applies solely to biological and toxin
weapons should be understood, as Resolution 2826 (XXVI) of the
United Nations General Assembly, to which the Convention is annexed,
explicitly indicates, to be merely a first step—the only
one which it has proved possible to take for the time being—towards
an agreement prohibiting also the development, production and
stockpiling of all chemical weapons.
3. Makes a note of the fact that the Convention
contains an express commitment to continue negotiations in good
faith with the aim of arriving at any early agreement on the prohibition
of the development, production and stockpiling of chemical weapons
and their destruction.
4. Makes a note, furthermore, that the General
Assembly, through its Resolution 2827 (XXVI), has requested the
Conference of the Disarmament Committee to continue, as a high
priority item, negotiations aimed at promptly reaching the agreement
relative to chemical weapons which is being sought; and that,
in Resolution 2827 B (XXVI), the General Assembly has urged all
States to commit themselves, while the said agreement is being
reached, to abstain from all additional development, production
and stock-piling of those chemical substances capable of being
used as weapons which, on account of their degree of toxicity,
have the highest lethal effect and are not usable for peaceful
purposes.
5. Is convinced that the success of the Convention
relative to biological weapons will depend, in the last resort,
on the manner in which the commitments under reference are honoured.
SLOVAKIA
In a Note dated 17 May 1993, received on 17
May 1993 the Ministry of Foreign Affairs of the Slovak Republic
notified the Foreign and Commonwealth Office of the following:
"In conformity with the valid principles
of international law and to the extent defined by it, the Slovak
Republic as one of the successor States to the Czech and Slovak
Federal Republic, considers itself bound, as of 1 January 1993,
ie the date of the dissolution of the Czech and Slovak Federal
Republic, by multilateral international treaties to which the
Czech and Slovak Federal Republic was a party on that date, including
reservations and declarations to their provisons made earlier
by the Czech and Slovak Federal Republic.
From among the treaties deposited with the Government
of the United Kingdom of Great Britain and Northern Ireland this
applies to the following:
Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological) and
Toxin Weapons and on their Destruction, done at London, Moscow
and Washington on 10 April 1972."
SWITZERLAND
Declarations on signature:
1. "En Suisse, la Convention ne sera
pas soumise a la procedure parlementaire d'approbation precedant
la ratification avant qu'elle ait atteint le degre d'universalite
juge necessaire par le Gouvernement suisse.
2. Du fait que la Convention s'applique aussi
aux armes, a" l'equipement ou aux vecteurs destines a l'emplois
des agents biologiques ou des toxines, la delimitation de son
champ d'application peut donner lieu a" des difficultes,
vu qu'il n'y a gue"re d'arms, d'equipement ou de vecteurs
typiques a" cet emploi. La Suisse se reserve de"s lors
de decider elle-meme quels moyens auxiliaires tombent sous cette
definition.
3. En raison des obligations resultant de
son status d'Etat perpetuellement neutre, la Suisse est tenue
de faire la reserve de portee generale que sa collaboration dans
le cadre de cette Convention ne peut aller au-dela" de ce
que ce status lui impose. Cette reserve vise specialement l'article
VII de la Convention ainsi que toute clause analogue qui pourrait
remplacer ou completer cette disposition dans la Convention (ou
dans un autre arrangement)." Ratification was accompanied
by reservations as at 2 and 3 above.
UNITED KINGDOM
In a statement dated 27 April 1972, communicated
to all States recognised by the United Kingdom, Her Majesty's
Government recalled their view that if a regime is not recognised
as the Government of a State, neither signature nor the deposit
of any instrument by it, nor notification of any of those acts
will bring about recognition of that regime by any other State.
On depositing their instrument of ratification
the Government of the United Kingdom made the following declaration:
". . . that the provisions of the Convention
shall not apply in regard to Southern Rhodesia unless and until
the Government of the United Kingdom informs the other Depositary
Governments that it is in a position to ensure that the obligations
imposed by the Convention in respect of that territory can be
fully implemented."
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