Articles: 4,8,16,23,35

"A. The Government of the Federal Republic of Germany makes the following declarations in accordance with paragraph 1 of Article 33 of the Convention of 18th March 1970:

The Federal Republic of Germany makes the reservation provided for in the first sentence of paragraph 1 of Article 33 of the Convention excluding the application of the provisions of paragraph 2 of Article 4 of the Convention. Letters of Request to be executed under Chapter I of the Convention must, in accordance with paragraphs 1 and 5 of Article 4 of the Convention, be in the German language or be accompanied by a translation into that language.

The Federal Republic of Germany declares in accordance with the option provided for in the first sentence of paragraph 1 of Article 33 of the Convention to make a reservation excluding the application of the provisions of Chapter II of the Convention that the taking of evidence by diplomatic officers or consular agents is not permissible in its territory if German nationals are involved.

B. The Government of the Federal Republic of Germany makes the following declarations pursuant to Article 35 of the Convention of 18th March 1970:

1. The authority competent to execute a Letter of Request shall be the local court (Amtsgericht) in whose district the official act is to be performed.

2. Pursuant to Article 8 of the Convention, the Government of the Federal Republic of Germany declares that members of the requesting court of another Contracting State may be present at the execution of a Letter of Request by the local court if prior authorization has been given by the Central Authority of the Land where the request is to be executed.

3. The taking of evidence by diplomatic officers or consular agents pursuant to paragraph 1 of Article 16 of the Convention which involves nationals of a third State or stateless persons shall be subject to permission from the Central Authority of the Land where the evidence is to be taken. Pursuant to paragraph 2 of Article 16 of the Convention, permission shall not be required if the national of the third State is also a national of the State of the requesting court.

4. A commissioner of the requesting court may not take evidence pursuant to Article 17 of the Convention unless the Central Authority of the Land where the evidence is to be taken has given its permission. Such permission may be made subject to conditions. The local court in whose district official acts would have to be performed by virtue of a Letter of Request in the same matter shall be entitled to control the preparation and the actual taking of the evidence. Under the second sentence of Article 19 of the Convention, a member of the court may be present at the taking of the evidence.

5. The Federal Republic of Germany declares in pursuance of Article 23 of the Convention that it will not, in its territory, execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common law countries."

The Ministry of Foreign Affairs of the Kingdom of the Netherlands received the following Note from the Embassy of the Federal Republic of Germany at The Hague on 15 October 1980:

"(...)
1. By Note of December 14, 1979, directed to the Ministry, the Czechoslovak Socialist Republic made a statement concerning the declaration made by the Federal Republic of Germany at the time of the deposit of its instrument of ratification of the Convention on the Taking of Evidence Abroad in Civil and Commercial Matters on April 27, 1979. This communication of the Czechoslovak Socialist Republic was circulated by a Notification of the Ministry dated January 22, 1980.

2. By Note of August 12, 1980, disseminated by a Notification of the Ministry of September 19, 1980, the Government of the United States of America, following consultations with the Governments of the United Kingdom and France, answered the assertions made in the communication of the Czechoslovak Socialist Republic. The Governement of the Federal Republic of Germany, on the basis of the legal situation set out in the Note of the United States, wishes to confirm that the application in Berlin (West) of the above-mentioned Convention extended by it under the established procedures continues in full force and effect.

3. The Government of the Federal Republic of Germany wishes to point out that the absence of a response to further communications of a similar nature should not be taken to imply any change of its position in this matter.

4. The Embassy of the Federal Republic of Germany has the honour to request that the contents of this note be brought to the attention of the Governments of those States which have received or will receive the above-mentioned Notifications."