Deklarationen
Notifikationen
Artikel: 1,9
Notifications:
In a Note dated 21 April 1968 the Government of Portugal notified the following:
"Le Gouvernement portugais désire profiter de la possibilité qui lui est conférée par les alinéas 3 de l'art. 1 et de l'art. 9 de la Convention de La Haye relative à la procédure civile conclue le premier mars 1954. Dans ces conditions les Etats contractants devront continuer à transmettre par la voie diplomatique les actes judiciaires et les commissions rogatoires adressés aux autorités judiciaires portugaises."*
On 25 September 1967 Portugal notified its intention to apply the Convention to the Portuguese Overseas Territories.
The Convention entered into force between the Portuguese Overseas Territories and the Contracting States, with the exception of Poland and the Union of Soviet Socialist Republics, on 23 April 1968.*
*The Ambassador of Portugal at The Hague informed the Minister of Foreign Affairs of the Kingdom of the Netherlands by letter of 10 December 1999 that "the Republic of Portugal withdraws, exclusively as to the application of the Convention in Macao, the declaration it has made through its notification of 21 April 1968 regarding paragraphs 3 of Articles 1 and 9 of the Convention".
Extract from a Note of the depositary, dated 11 April 2006, about the status of the former Portuguese overseas territories concerning the 1954 Convention:
"(...) Portugal did, on 23 April 1968, extend the application of the Convention of 1954 to its overseas territories. Thus the Convention entered into force for present-day Cape Verde, Guinea-Bissau, Sao Tomé and Principe, Mozambique, Angola, East Timor and Macao on 25 September 1967.
(...) for none of these States, apart from SAR Macao, a declaration of succession has been deposited with the depositary.
In the case of East Timor such a declaration would not be acceptable, as 20 May 2002 is the official date of international recognition of East Timor's independence from Indonesia; Indonesia is no Party to the Convention and never declared that the Convention should remain applicable to East Timor. East Timor would have to accede to the Convention in order to be bound by it.
For Cape Verde, Guinea-Bissau, Sao Tomé and Principe, Mozambique and Angola the situation is different. Although at the moment none of these States is a Party to the Convention, they could still, in accordance with UN practice, succeed to the Convention. This would, again in accordance with UN practice, mean that such declarations would have retroactive effect to the respective dates of independence of these States, even after a lapse of several decades.
(...)."
Declaration:
13-03-2018
The Government of the Portuguese Republic takes note of the Declaration submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure, done at The Hague, on 1 March 1954 to the "Autonomous Republic of Crimea" and the city of Sevastopol and of the Declaration submitted by the Russian Federation on 19 July 2016 in relation to the Declaration made by Ukraine.
In relation to the Declaration made by the Russian Federation, the Government of the Portuguese Republic declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise 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 Convention, the Government of the Portuguese Republic therefore considers that the Convention in principle continues to apply to the "Autonomous Republic of Crimea" and the city of Sevastopol as part of the territory of Ukraine.
The Government of the Portuguese Republic further notes the Declaration by Ukraine that the "Autonomous Republic of Crimea" and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Convention is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the central authorities of Ukraine in Kiev will determine the procedure for relevant communication.
As a consequence of the above, the Government of the Portuguese Republic 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 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 in Kiev for the purposes of the application and implementation of the convention.