Convention abolishing the requirement of legalisation for foreign public documents

Belgium

21-01-2005

On 21 January 2005 the depositary received the following objection from Belgium concerning Azerbaijan's accession. Since the objection was received after the time limit for filing objections had expired, it will have no legal consequences.

"The Embassy gives notice that, pursuant to article 12, paragraph 2 of the Convention, Belgium raises an objection to Azerbaijan's accession. The Convention will therefore not enter into force between Belgium and Azerbaijan."

05-02-2015

On 23 January 2015 the depositary received the following objection in Dutch from Belgium concerning Burundi's accession. Since the objection was received after the time limit for filing objections had expired, it will have no legal consequences.

(Translation)
The Embassy gives notice that, pursuant to article 12, paragraph 2 of the Convention, Belgium raises an objection to the accession of the Republic of Burundi.

France

25-11-1964

On depositing their instrument of ratification the French Government declared that the Convention applies to the entire territory of the French Republic.

Germany

15-12-1965

The instrument of ratification was accompanied by a note in which the Government of the Federal Republic of Germany declares that the Convention is applicable to "Land" Berlin as from 13 February 1966, the date of its entry into force for the Federal Republic of Germany.

Greece

23-12-1993

On 2 December 1993 the depositary received the following objection from Greece concerning the succession of the Former Yugoslav Republic of Macedonia. Since the objection was received after the time limit for filing objections had expired, it will have no legal consequences.
"As regards the notification of 1st October 1993 of the Ministry of Foreign Affairs of The Kingdom of [the] Netherlands and the proposed continuity by the Former Yugoslav Republic of Macedonia in respect to the conventions to which the Socialist Federal Republic of Yugoslavia was a party we would like to bring to your attention the following:
- Participation of the Former Yugoslav Republic of Macedonia to the conventions mentioned in the above notification does not amount to recognition of the Former Yugoslav Republic of Macedonia on behalf of Greece.
- Those of the above conventions which are binding upon Greece remain without effect as between the latter and the Former Yugoslav Republic of Macedonia.
This implies that the Convention will remain without effect as between Greece and the Former Yugoslav Republic of Macedonia."

Portugal

22-10-1969

Portugal has declared to extend the application of the Convention to the entire territory of the Republic of Portugal (the Convention entered into force for the entire territory of the Republic of Portugal on 21 December 1969).

07-06-2005

On 25 May 2005 the depositary received the following objection from Portugal concerning India's accession. Since the objection was received after the time limit for filing objections had expired, it will have no legal consequences.
"[...] and has the honour to notify the Netherlands, as depositary of the Hague Convention on Abolishing the Requirement of Legalization for Foreign Public Documents of the 5th October 1961 and according to its article 12, paragraph 2, that Portugal objects to the accession of India to the said Convention."

Spain

15-04-2016

The Ministry of Foreign Affairs of the Kingdom of the Netherlands, acting in its capacity as depositary, presents its compliments to the Embassy of the Kingdom of Spain and has the honour to acknowledge receipt on 4 April 2016 of the Embassy’s Note No. 25/16 of 1 April 2016. In this Note the Embassy draws the Ministry’s attention to the Conclusions and Recommendations adopted by the Council on General Affairs and Policy of the Hague Conference on Private International Law, held at 15-17 March, on the issue of “New ratifications/-accessions: the role of the Depositary and the Permanent Bureau” with regard to the Convention abolishing the Requirement of Legalisation for Foreign Public Documents, concluded at The Hague on 5 October 1961. The Embassy states that the Kingdom of the Netherlands, in its role as Depositary of the Convention abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention) has acted contrary to Article 76(2) of the Vienna Convention on the Law of Treaties of 1969.
The Kingdom of the Netherlands respectfully disagrees with this view. In regard of the acceptance of the instrument of accession to the Apostille Convention of the Republic of Kosovo, the Kingdom of the Netherlands, acting in its capacity of Depositary of the Apostille Convention, has acted on the basis of complete impartiality and thus in full conformity with Articles 76 and 77 of the Vienna Convention and with depositary practice. In this respect, the Kingdom of the Netherlands respectfully refers to its statement delivered during the 194th meeting of the Administrative Council of the Permanent Court of Arbitration in regard of the depositary practice of the Kingdom of the Netherlands.
As requested by the Kingdom of Spain, the Ministry of Foreign Affairs will bring the Embassy’s Note, together with this Note, to the attention of the other Contracting States of the Apostille Convention.
The Ministry of Foreign Affairs of the Kingdom of the Netherlands, acting in its capacity as depositary, avails itself of this opportunity to renew to the Embassy of the Kingdom of Spain the assurances of its highest consideration.

28-04-2016

The Ministry of Foreign Affairs of the Kingdom of the Netherlands, acting in its capacity as depositary, presents its compliments to the Embassy of the Kingdom of Spain and has the honour to acknowledge receipt on 22 April 2016 of the Embassy’s Note No. 32/16 of the same date, in which Note Spain wishes to make several clarifications and requests with regard to the Convention abolishing the Requirement of Legalisation for Foreign Public Documents, concluded at The Hague on 5 October 1961.
In its Note, Spain requests “to convene a meeting of all Contracting Parties before 15 May 2016, when the deadline for submission of objections under Article 12 of the Apostille Convention expires, to give the possibility to all Contracting Parties to take the appropriate decision”.
In accordance with Article 77, paragraph 2, of the Vienna Convention on the Law of Treaties, in the event of any difference appearing between a State and the depositary as to the performance of the latter's functions, the depositary shall bring the question to the attention of the signatory States and the contracting States or, where appropriate, of the competent organ of the international organization concerned.
As convening a meeting of the Contracting States is not one of the functions of the depositary mentioned in the Vienna Convention on the Law of Treaties, the Ministry would like to suggest that the Embassy directs its request to convene a meeting of the Contracting States to the Secretary General of the Permanent Bureau of the Hague Conference on Private International Law.
The Ministry of Foreign Affairs will, in accordance with Article 15 of the Convention, bring the Embassy’s Note No. 32/16 together with this note to the attention of the Contracting States to the aforementioned Convention.
The Ministry of Foreign Affairs of the Kingdom of the Netherlands, acting in its capacity as depositary, avails itself of this opportunity to renew to the Embassy of the Kingdom of Spain the assurances of its highest consideration.