identifier: ETS No. 057

reference: ETS No. 057

title: European Convention on Establishment of Companies

text: European Treaty Series - No. 57

text: European Convention on the Establishment of Companies

text: Strasbourg, 20.I.1966

text: The member States of the Council of Europe, signatory hereto,

text: Considering that the aim of the Council of Europe is to safeguard and realise the ideals and principles which are the common heritage of its members and to facilitate their economic and social progress;

text: Recognising the special nature of the links between the member States of the Council of Europe as affirmed in conventions and agreements already concluded within the framework of the Council, for example the

text: Convention for the Protection of Human Rights and Fundamental Freedoms

text: signed on 4th November 1950, the Protocol to this Convention signed on th 20 March 1952, the European Convention on Establishment, signed on 13th December 1955, and the European Convention for the Peaceful Settlement of Disputes signed on th 29 April 1957;

text: Being convinced that the adoption, by the conclusion of a regional convention, of common rules for the treatment to be accorded to companies and other bodies of each member State in the territory of the others may promote the process of unification;

text: Affirming that the rights and privileges which they grant to each other's companies and other bodies are conceded expressly by virtue of the close association uniting the member States of the Council of Europe by means of its Statute;

text: Being satisfied that the general plan of the Convention is consonant with the structure of the Council of Europe,

text: Have agreed as follows:

text: Chapter I – Beneficiaries of the Convention

text: For the purposes of this Convention the expression "companies and other bodies of a Contracting Party" shall apply to any company or other body, which, having for object the acquisition of gain and possessing either legal personality, or the capacity to be a litigant and to enter into legal relations, has been constituted in the territory of one of the Contracting Parties in conformity with its law and which has its registered office in the territory of that Party.

text: The companies and other bodies of a Contracting Party shall receive the benefit of this Convention. A Contracting Party may, however, make the application of Chapters III and IV dependent on the existence of a genuine and continuing connection between the company or other body and the economy of the Contracting Parties.

text: ETS 57 – Establishment of Companies, 20.I.1966 __________________________________________________________________________________

text: Article 1

text: Chapter II – Immediate measures

text: The companies and other bodies of a Contracting Party shall be accorded, in the territory of any other Contracting Party, the same treatment as that received by that Party's companies and other bodies, in respect of the enjoyment and exercise of private rights, whether rights of a personal nature or rights relating to property.

text: Article 2

text: The companies and other bodies of a Contracting Party shall be accorded in the territory of any other Contracting Party, on the same terms as the companies and other bodies of that Party, the full protection of the law and the courts with regard to their property, rights and interests. They shall, in particular, enjoy full and unrestricted access to the judicial tribunals and administrative authorities and, for this purpose, have the right to receive the assistance of and be represented by any person of their choice who is eligible under the law in force in the territory.

text: Article 3

text: The subsidiaries, branches, agencies, offices and other establishments of companies and of other bodies of a Contracting Party may, in the territory of any other Contracting Party, employ, irrespective of nationality, such personnel as are necessary by virtue of their special ability for the installation of the enterprise or for the effective conduct thereof.

text: The personnel in question shall not be denied permission to enter, reside and enjoy freedom of movement except for reasons of ordre public, national security, public health or morality. Subject to the fulfilment of any formalities regulating their admission to the activities concerned, they shall be granted all necessary permits and authorisations.

text: Nothing in the provisions of the preceding paragraphs shall derogate from those of paragraph 1 of

text: Article 15

text: of the European Convention on Establishment.

text: Article 4

text: The companies and other bodies of a Contracting Party shall not be subjected, in the territory of any other Contracting Party, to any taxation or any requirement connected therewith other or more burdensome than that to which companies and other bodies of the latter Party are or may be, in the same circumstances, subjected.

text: Article 5

text: Without prejudice to the principles and guarantees recognised by international law for the protection of their interests, companies and other bodies of a Contracting Party shall be entitled, in the event of expropriation or nationalisation by any other Contracting Party, to treatment at least as favourable as that accorded to the companies and other bodies of the latter Party.

text: Article 6

text: Any member State of the Council of Europe may, at the time of signature of this Convention or at the deposit of its instrument of ratification or acceptance, make a reservation in respect of any provision of this chapter, to the extent that the said provision is not consistent with its law. Reservations of a general nature shall not be permitted.

text: Any such reservation shall include a brief statement of the provisions of law on which it is based.

text: Any such reservation shall be withdrawn as soon as circumstances permit. Such withdrawal shall be made by notification addressed to the Secretary General of the Council of Europe who shall transmit the text of this notification to all the signatories of the Convention.

text: A Contracting Party which has made a reservation in respect of any provision of this chapter may not claim the application of that provision by any other Party; it may, however, if its reservation is partial or conditional, claim the application of that provision in so far as it has itself accepted the provision.

text: Article 7

text: Chapter III

text: taking any new measures which accord to companies and other bodies of other Contracting Parties less favourable treatment than that received by its companies and other bodies;

text: intensifying the application of any existing measures which accord to companies and other bodies of other Contracting Parties less favourable treatment than that received by its companies and other bodies.

text: Over and above the matters dealt with in Chapter II and as a step towards the achievement of the objectives referred to in Chapter IV, each Contracting Party shall, as from the date of entry into force of this Convention in relation to itself, refrain from:

text: Each Contracting Party shall, at the time of signature of this Convention, send to the Secretary General of the Council of Europe, for information, a list of the measures which accord to companies and other bodies of other Contracting Parties treatment different from that received by its companies and other bodies; it shall likewise communicate to him any subsequent modification to these measures. The Secretary General shall communicate these lists and modifications to the other Contracting Parties.

text: Article 8

text: Chapter IV – Progressive measures

text: Subject to the conditions and following the course set out in the following articles, each Contracting Party shall adopt as its objective to grant progressively to the companies and other bodies of other Contracting Parties – whether or not they maintain establishments in its territory – treatment not less favourable than that received by its companies and other bodies, especially with regard to the conduct of their activities, and to the creation of subsidiaries, branches, agencies, offices and other establishments.

text: This treatment may involve conditions, guarantees and formalities which, provided that they are not more burdensome, may be other than those required by a Contracting Party of its companies and other bodies.

text: Article 9

text: Chapter V – Standing committee

text: A Standing Committee shall be set up within twelve months of the entry into force of this Convention.

text: The Standing Committee shall be composed of one representative of each of the member States of the Council of Europe which have ratified or approved the Convention. Any other member State may be represented by an observer with the right to speak.

text: The first session of the Standing Committee shall be convened by the Secretary General of the Council of Europe within three months of the date of its establishment. It will subsequently meet on its own initiative or at the behest of the Committee of Ministers. In all cases, the Standing Committee shall be convened by the Secretary General.

text: The Standing Committee shall elect its Chairman and draw up its own Rules of Procedure. It may set up sub-committees.

text: Article 10

text: The Standing Committee shall make proposals with a view to the progressive elimination of the measures referred to in paragraph 1.b of

text: Article 8

text: The Standing Committee shall, in formulating its proposals, take into account the situation existing in the various spheres of activity. If a disparity between legislative or administrative provisions of the Contracting Parties in practice prevents the liberalisation of access to a sphere of activity, the Standing Committee may put forward proposals for ensuring the equivalence of national treatments.

text: The Standing Committee may formulate proposals with a view to removing the restrictions imposed by a Contracting Party upon its companies and other bodies in respect of the nationality of founders, administrators, shareholders or associates who are nationals of another Contracting Party.

text: improve the practical implementation of the Convention;

text: amend or supplement its provisions.

text: The Standing Committee may also make proposals designed to:

text: All proposals of the Standing Committee shall be adopted by majority vote of its members and shall be submitted to the Committee of Ministers.

text: Article 11

text: In the event of any difference of opinion which may arise between two or more Contracting Parties concerning the interpretation or application of the provisions of this Convention the Standing Committee shall, without prejudice to the provisions of

text: Article 19

text: , at the request of any one of the Parties involved, endeavour to settle such differences.

text: Article 12

text: Chapter VI – Committee of Ministers

text: For the purposes of this Convention except for paragraph 4 of

text: Article 19

text: the term "Committee of Ministers" shall mean the Committee of Ministers of the Council of Europe at meetings limited to the representatives of member States which have ratified or approved the Convention.

text: The Committee of Ministers shall, on the basis of the proposals of the Standing Committee, make recommendations to the governments of the Contracting Parties, in particular with a view to achieving the objectives set out in Chapter IV.

text: These recommendations shall require the unanimous vote of the representatives casting a vote, and of a majority of the representatives. However, after three years have elapsed from the date of constitution of the Standing Committee, the recommendations based on paragraphs 1 to 3 of

text: Article 11

text: shall require a two-thirds majority of the representatives casting a vote, being a majority of the representatives.

text: Article 13

text: Chapter VII – General provisions

text: Any Contracting Party may withhold or withdraw from companies or other bodies of any other Contracting Party the benefit of any provision of this Convention:

text: if the former Party has good reason for believing that the activities of these companies or other bodies are directed towards ends not genuinely economic;

text: if it considers such action necessary in order to guarantee the interests of its essential security or to safeguard public health or morality;

text: if it considers such action necessary in order to guarantee or safeguard other national interests which are of imperative nature. In such case, it shall keep the Secretary General of the Council of Europe fully informed of the measures taken and of the reasons therefor. The Secretary General shall communicate this information to the other Contracting Parties.

text: Article 14

text: In time of war or other public emergency threatening the life of the nation, any Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation and provided that such measures are not inconsistent with its other obligations under international law.

text: Any Contracting Party availing itself of this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures taken and the reasons therefor. It shall also inform him when such measures have ceased to operate. The Secretary General shall communicate all such information to the other Contracting Parties.

text: Article 15

text: Without prejudice to the enjoyment of the immediate measures provided for in Chapter II of this Convention, companies and other bodies of a Contracting Party, to the extent that they carry on an activity of:

text: transport of persons or goods;

text: fishing or hunting in territorial waters;

text: shall not benefit from the provisions of Chapters III and IV, pending the conclusion of such supplementary protocols in this sense as may be drawn up.

text: Article 16

text: Nothing in the provisions of this Convention shall prejudice the provisions of municipal law, bilateral or multilateral treaties, conventions or agreements, including both those already in force and those which come into force hereafter, providing for more favourable treatment for companies and other bodies of one or more of the other Contracting Parties.

text: Article 17

text: Chapter VIII – Territorial application clause

text: This Convention shall apply to the metropolitan territories of the Contracting Parties.

text: Any member State of the Council of Europe may, at the time of the signature, ratification or acceptance of this Convention or at any later date, declare by means of a notification to the Secretary General of the Council of Europe that this Convention shall apply to the territory or territories specified in that notification and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.

text: Any notification in pursuance of the preceding paragraph may be withdrawn in respect of any territory specified, in conformity with the procedure laid down in

text: Article 22

text: of this Convention.

text: The Secretary General shall communicate to the other member States of the Council of Europe any notification transmitted to him in accordance with paragraph 2 or paragraph 3 of this article.

text: Article 18

text: Chapter IX – Settlement of disputes

text: Any disputes which may arise between the Contracting Parties concerning the interpretation or the application of this Convention shall be submitted to the International Court of Justice by special agreement or on the application by one of the parties to the dispute, unless a different method of peaceful settlement is agreed by them.

text: The Parties to the European Convention for the Peaceful Settlement of Disputes shall apply those of its provisions which are binding upon them to all disputes which may arise between them concerning the present Convention.

text: Any dispute subjected to a procedure referred to in the preceding paragraphs shall be immediately reported by the Parties concerned to the Secretary General of the Council of Europe who shall inform the other Contracting Parties.

text: If one of the parties to a dispute fails to carry out its obligations laid down in a decision of the International Court of Justice or the award of an arbitral tribunal, the other party may appeal to the Committee of Ministers of the Council of Europe. The latter may, if it deems necessary, make recommendations by a majority of two thirds of the representatives entitled to sit on the Committee with a view to ensuring the execution of the said decision or award.

text: Article 19

text: Chapter X – Final clauses

text: The Protocol attached to this Convention shall form an integral part of it.

text: Article 20

text: This Convention shall be open to signature by the member States of the Council of Europe. It shall be ratified or accepted. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

text: This Convention shall come into force one month after the date of deposit of the fifth instrument of ratification or of acceptance.

text: As regards any signatory ratifying or accepting subsequently, the Convention shall come into force one month after the date of deposit of its instrument of ratification or of acceptance.

text: The Secretary General shall notify all the member States of the Council of Europe of the entry into force of the Convention, the names of the Contracting Parties which have ratified or accepted it, any reservations made and the subsequent deposit of any instruments of ratification or of acceptance.

text: Article 21

text: This Convention may be denounced by a Contracting Party only at the end of four years from the date on which it became a party thereto; six months' prior notice of denunciation shall be given by means of a notification to the Secretary General of the Council of Europe who shall inform the other Parties. If a Contracting Party does not make such a notification of denunciation it will remain bound for further successive periods of two years; in this event it may denounce this Convention at the end of any such period, subject to six months' prior notice.

text: In the event of denunciation the Contracting Party concerned shall remain bound by this Convention in so far as concerns any act performed by it before the date upon which the denunciation became effective.

text: Any Contracting Party which ceases to be a member State of the Council of Europe shall thereby cease to be a Party to this Convention.

text: In witness whereof, the undersigned, being duly authorised thereto, have signed this Convention.

text: Done at Strasbourg, this 20th day of January 1966, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified true copies to each of the signatory States.

text: Protocol

text: Article 22

text: The Contracting Parties agree, with a view to the interpretation of

text: Article 5

text: of this Convention, to refer to the content of Article 24 of the Model Convention entitled "Draft Convention on Double Taxation" embodied in the Annex to the Recommendation of the OECD Council of 30th July 1963, as this article was interpreted in the comments in the report of the OECD Fiscal Committee which served as a basis for this recommendation.

text: Article 11

text: , paragraph 4.a

text: It is understood that the Standing Committee may make proposals concerning the withdrawal of reservations made in accordance with the provisions of

text: Article 7

text: . The Committee may, however, not make any proposals concerning the withdrawal of measures taken by a Contracting Party in pursuance of

text: Articles 14

text: and 15.

text: Article 5

text: It is understood that this Convention shall not apply to industrial, literary and artistic property, rights in respect of new vegetable products or to the rights of performers, producers of phonograms and broadcasting organisations, as these subjects are reserved for international conventions or other international agreements relating thereto which are already in force or will come into force.

text: Article 16

text: Any member State of the Council of Europe which makes a declaration in accordance with

text: Article 18

text: , paragraph 2, of this Convention shall, at the same time and in respect of any territory mentioned in such declaration, transmit to the Secretary General the lists of measures specified in

text: Article 8

text: , paragraph 2, any reservation made in accordance with

text: Article 7

text: , and any notification made in accordance with

text: Article 14

text: The Federal Republic of Germany may extend the application of this Convention to the Land Berlin by a declaration addressed to the Secretary General who shall notify the other Contracting Parties thereof.

text: Article 18


doctype: treaty

identifier: ETS No. 058

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: ETS No. 058

title: European Convention on the Adoption of Children

text: European Treaty Series - No. 58

type: stycke

text: Strasbourg, 24.IV.1967

text: Preamble

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose, among others, of facilitating their social progress; Considering that, although the institution of the adoption of children exists in all member countries of the Council of Europe, there are in those countries differing views as to the principles which should govern adoption and differences in the procedure for effecting, and the legal consequences of, adoption; and Considering that the acceptance of common principles and practices with respect to the adoption of children would help to reduce the difficulties caused by those differences and at the same time promote the welfare of children who are adopted, Have agreed as follows:

text: Part I – Undertakings and field of application

type: rubrik

text: Each Contracting Party undertakes to ensure the conformity of its law with the provisions of Part II of this Convention and to notify the Secretary General of the Council of Europe of the measures taken for that purpose.

text: Article 1

type: artikel

text: Each Contracting Party undertakes to give consideration to the provisions set out in Part III of this Convention, and if it gives effect, or if, having given effect, it ceases to give effect to any of these provisions, it shall notify the Secretary General of the Council of Europe.

text: Article 2

text: This Convention applies only to legal adoption of a child who, at the time when the adopter applies to adopt him, has not attained the age of 18, is not and has not been married, and is not deemed in law to have come of age.

text: ETS 58 – Adoption of Children, 24.IV.1967 __________________________________________________________________________________

text: Article 3

text: Part II – Essential provisions

text: An adoption shall be valid only if it is granted by a judicial or administrative authority (hereinafter referred to as the "competent authority").

text: Article 4

text: Subject to paragraphs 2 to 4 of this article, an adoption shall not be granted unless at least the following consents to the adoption have been given and not withdrawn: a the consent of the mother and, where the child is legitimate, the father; or if there is neither father nor mother to consent, the consent of any person or body who may be entitled in their place to exercise their parental rights in that respect; b the consent of the spouse of the adopter. 2 The competent authority shall not: a dispense with the consent of any person mentioned in paragraph 1 of this article, or b overrule the refusal to consent of any person or body mentioned in the said paragraph 1, save on exceptional grounds determined by law. 3 If the father or mother is deprived of his or her parental rights in respect of the child, or at least of the right to consent to an adoption, the law may provide that it shall not be necessary to obtain his or her consent. 4 A mother's consent to the adoption of her child shall not be accepted unless it is given at such time after the birth of the child, not being less than six weeks, as may be prescribed by law, or, if no such time has been prescribed, at such time as, in the opinion of the competent authority, will have enabled her to recover sufficiently from the effects of giving birth to the child. 5 For the purposes of this article "father" and "mother" mean the persons who are according to law the parents of the child.

text: Article 5

text: The law shall not permit a child to be adopted except by either two persons married to each other, whether they adopt simultaneously or successively, or by one person. 2 The law shall not permit a child to be again adopted save in one or more of the following circumstances: a where the child is adopted by the spouse of the adopter; b where the former adopter has died; c where the former adoption has been annulled; d where the former adoption has come to an end.

text: Article 6

text: A child may be adopted only if the adopter has attained the minimum age prescribed for the purpose, this age being neither less than 21 nor more than 35 years. 2 The law may, however, permit the requirement as to the minimum age to be waived: a when the adopter is the child's father or mother, or b by reason of exceptional circumstances.

text: Article 7

text: The competent authority shall not grant an adoption unless it is satisfied that the adoption will be in the interest of the child. 2 In each case the competent authority shall pay particular attention to the importance of the adoption providing the child with a stable and harmonious home. 3 As a general rule, the competent authority shall not be satisfied as aforesaid if the difference in age between the adopter and the child is less than the normal difference in age between parents and their children.

text: Article 8

text: The competent authority shall not grant an adoption until appropriate enquiries have been made concerning the adopter, the child and his family. 2 The enquiries, to the extent appropriate in each case, shall concern, inter alia, the following matters: a the personality, health and means of the adopter, particulars of his home and household and his ability to bring up the child; b why the adopter wishes to adopt the child; c where only one of two spouses of the same marriage applies to adopt a child, why the other spouse does not join in the application; d the mutual suitability of the child and the adopter, and the length of time that the child has been in his care and possession; e the personality and health of the child, and subject to any limitations imposed by law, his antecedents; f the views of the child with respect to the proposed adoption; g the religious persuasion, if any, of the adopter and of the child. 3 These enquiries shall be entrusted to a person or body recognised for that purpose by law or by a judicial or administrative body. They shall, as far as practicable, be made by social workers who are qualified in this field as a result of either their training or their experience. 4 The provisions of this article shall not affect the power or duty of the competent authority to obtain any information or evidence, whether or not within the scope of these enquiries, which it considers likely to be of assistance.

text: Article 9

text: Adoption confers on the adopter in respect of the adopted person the rights and obligations of every kind that a father or mother has in respect of a child born in lawful wedlock.

text: Adoption confers on the adopted person in respect of the adopter the rights and obligations of every kind that a child born in lawful wedlock has in respect of his father or mother.

text: When the rights and obligations referred to in paragraph 1 of this article are created, any rights and obligations of the same kind existing between the adopted person and his father or mother or any other person or body shall cease to exist. Nevertheless, the law may provide that the spouse of the adopter retains his rights and obligations in respect of the adopted person if the latter is his legitimate, illegitimate or adopted child.

text: In addition the law may preserve the obligation of the parents to maintain (in the sense of l'obligation d'entretenir and l'obligation alimentaire) or set up in life or provide a dowry for the adopted person if the adopter does not discharge any such obligation.

text: As a general rule, means shall be provided to enable the adopted person to acquire the surname of the adopter either in substitution for, or in addition to, his own.

text: If the parent of a child born in lawful wedlock has a right to the enjoyment of that child's property, the adopter's right to the enjoyment of the adopted person's property may, notwithstanding paragraph 1 of this article, be restricted by law.

text: In matters of succession, in so far as the law of succession gives a child born in lawful wedlock a right to share in the estate of his father or mother, an adopted child shall, for the like purposes, be treated as if he were a child of the adopter born in lawful wedlock.

text: Article 10

text: Where the adopted child does not have, in the case of an adoption by one person, the same nationality as the adopter, or in the case of an adoption by a married couple, their common nationality, the Contracting Party of which the adopter or adopters are nationals shall facilitate acquisition of its nationality by the child.

text: A loss of nationality which could result from an adoption shall be conditional upon possession or acquisition of another nationality.

text: Article 11

text: The number of children who may be adopted by an adopter shall not be restricted by law.

text: A person who has, or is able to have, a child born in lawful wedlock, shall not on that account be prohibited by law from adopting a child.

text: If adoption improves the legal position of a child, a person shall not be prohibited by law from adopting his own child not born in lawful wedlock.

text: Article 12

text: Before an adopted person comes of age the adoption may be revoked only by a decision of a judicial or administrative authority on serious grounds, and only if revocation on that ground is permitted by law.

ordinal: a

text: an adoption which is null and void; b an adoption coming to an end where the adopted person becomes the legitimated child of the adopter.

type: punkt

text: The preceding paragraph shall not affect the case of:

text: Article 13

text: When the enquiries made pursuant to

text: Articles 8

text: and 9 of this Convention relate to a person who lives or has lived in the territory of another Contracting Party, that Contracting Party shall, if a request for information is made, promptly endeavour to secure that the information requested is provided. The authorities may communicate directly with each other for this purpose.

text: Article 14

text: Provision shall be made to prohibit any improper financial advantage arising from a child being given up for adoption.

text: Article 15

text: Each Contracting Party shall retain the option of adopting provisions more favourable to the adopted child.

text: Article 16

text: Part III – Supplementary provisions

text: An adoption shall not be granted until the child has been in the care of the adopters for a period long enough to enable a reasonable estimate to be made by the competent authority as to their future relations if the adoption were granted.

text: Article 17

text: The public authorities shall ensure the promotion and proper functioning of public or private agencies to which those who wish to adopt a child or to cause a child to be adopted may go for help and advice.

text: Article 18

text: The social and legal aspects of adoption shall be included in the curriculum for the training of social workers.

text: Article 19

text: Provision shall be made to enable an adoption to be completed without disclosing to the child's family the identity of the adopter. 2 Provision shall be made to require or permit adoption proceedings to take place in camera. 3 The adopter and the adopted person shall be able to obtain a document which contains extracts from the public records attesting the fact, date and place of birth of the adopted person, but not expressly revealing the fact of adoption or the identity of his former parents. 4 Public records shall be kept and, in any event, their contents reproduced in such a way as to prevent persons who do not have a legitimate interest from learning the fact that a person has been adopted or, if that is disclosed, the identity of his former parents.

text: Article 20

text: Part IV – Final clauses

text: This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

text: This Convention shall enter into force three months after the date of the deposit of the third instrument of ratification or acceptance.

text: In respect of a signatory State ratifying or accepting subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification or acceptance.

text: Article 21

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State to accede thereto.

text: Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit.

text: Article 22

text: Any Contracting Party may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, specify the territory or territories to which this Convention shall apply.

text: Any Contracting Party may, when depositing its instrument of ratification, acceptance or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.

text: Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in

text: Article 27

text: of this Convention.

text: Article 23

text: Any Contracting Party whose law provides more than one form of adoption shall have the right to apply the provisions of

text: Article 10

text: , paragraphs 1, 2, 3 and 4, and

text: Article 12

text: , paragraphs 2 and 3, of this Convention to one only of such forms.

text: The Contracting Party exercising this right, shall, at the time of signature or when depositing its instrument of ratification, acceptance or accession, or when making a declaration in accordance with paragraph 2 of

text: Article 23

text: of this Convention, notify the Secretary General of the Council of Europe thereof and indicate the way in which it has been exercised.

text: Such Contracting Party may terminate the exercise of this right and shall give notice thereof to the Secretary General of the Council of Europe.

text: Article 24

text: Any Contracting Party may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, or when making a declaration in accordance with paragraph 2 of

text: Article 23

text: of this Convention, make not more than two reservations in respect of the provisions of Part II of the Convention. Reservations of a general nature shall not be permitted; each reservation may not affect more than one provision. A reservation shall be valid for five years from the entry into force of this Convention for the Contracting Party concerned. It may be renewed for successive periods of five years by means of a declaration addressed to the Secretary General of the Council of Europe before the expiration of each period. 2 Any Contracting Party may wholly or partly withdraw a reservation it has made in accordance with the foregoing paragraph by means of a declaration addressed to the Secretary General of the Council of Europe, which shall become effective as from the date of its receipt.

text: Article 25

text: Each Contracting Party shall notify the Secretary General of the Council of Europe of the names and addresses of the authorities to which requests under

text: Article 14

text: may be addressed.

text: Article 26

text: This Convention shall remain in force indefinitely. 2 Any Contracting Party may, in so far as it is concerned, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 3 Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification.

text: Article 27

text: The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention of: a any signature; b any deposit of an instrument of ratification, acceptance or accession; c any date of entry into force of this Convention in accordance with

text: Article 21

text: thereof; d any notification received in pursuance of the provisions of

text: Article 1

text: ; e any notification received in pursuance of the provisions of

text: Article 2

text: ; f any declaration received in pursuance of the provisions of paragraphs 2 and 3 of

text: Article 23

text: ; g any information received in pursuance of the provisions of paragraphs 2 and 3 of

text: Article 24

ordinal: h

text: any reservation made in pursuance of the provisions of paragraph 1 of

text: Article 25

ordinal: i

text: the renewal of any reservation carried out in pursuance of the provisions of paragraph 1 of

text: Article 25

ordinal: j

text: the withdrawal of any reservation carried out in pursuance of the provisions of paragraph 2 of

text: Article 25

text: Article 26

text: Article 27

text: and the date on which denunciation takes effect.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

text: Done at Strasbourg, this 24th day of April 1967, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 28


identifier: ETS No. 059

reference: ETS No. 059

title: European Agreement on the Instruction and Education of Nurses

text: European Treaty Series - No. 59

text: Strasbourg, 25.X.1967

text: The member States of tChe Council of Europe, signatory hereto,

text: Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose, among others, of facilitating their social progress and promoting the social well-being of their populations by means of appropriate action;

text: Having regard to the Conventions furthering this purpose already concluded within the framework of the Council, in particular the European Social Charter, signed on 18th October 1961, and the European Convention on Establishment, signed on 13th December 1955;

text: Being convinced that the conclusion of a regional Agreement on the harmonisation of the instruction and education of nurses will promote social progress and guarantee the standard of the nurses required for their establishment in the territory of other Contracting Parties on an equal footing with those countries' nationals;

text: Considering it necessary to lay down minimal standards,

text: Have agreed as follows:

text: Each Contracting Party shall apply or, if the education of nurses is not under its direct control, recommend the competent authority to apply the provisions governing the instruction and education of nurses set out in Annex I to this Agreement.

text: For the purpose of this Agreement, nurses shall be intended to include only "general trained nurses", male or female. Those nurses whose training is solely within the field of public health, infants' and sick children's nursing, obstetrics or mental health are excluded.

text: Article 1

text: Each Contracting Party shall communicate to the Secretary General of the Council of Europe a list of its authorities or other bodies authorised to certify the accomplishment of a nurse's instruction and education satisfying at least the standards laid down in Annex I to this Agreement.

text: Article 2

text: After the entry into force of this Agreement in accordance with

text: Article 5

text: , the Committee of Ministers of the Council of Europe sitting with its membership limited to the representatives of the Contracting Parties, shall be responsible for the further elaboration of the regulations contained in Annex I to this Agreement in accordance with the current developments in this field.

text: ETS 59 – Instruction of Nurses, 25.X.1967 __________________________________________________________________________________

text: Any modification or extension of the regulations contained in Annex I unanimously approved by the Committee of Ministers referred to in the preceding paragraph shall be communicated by the Secretary General of the Council of Europe to the Contracting Parties and shall enter into force three months after the date on which the Secretary General is notified by the Contracting Parties of their approval of the modification or extension.

text: Article 3

text: signature without reservation in respect of ratification or acceptance, or

ordinal: b

text: signature with reservation in respect of ratification or acceptance, followed by ratification or acceptance.

text: This Agreement shall be open to signature by the member States of the Council of Europe, who may become Parties to it either by:

text: Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

text: Article 4

text: This Agreement shall enter into force three months after the date on which three member States of the Council shall have become Parties to the Agreement, in accordance with the provisions of

text: Article 4

text: As regards any member States who shall subsequently sign the Agreement without reservation in respect of ratification or acceptance or who shall ratify or accept it, the Agreement shall enter into force three months after the date of such signature or after the date of deposit of the instrument of ratification or acceptance.

text: Article 5

text: After the entry into force of this Agreement, the Committee of Ministers of the Council of Europe may invite any non-member State to accede thereto.

text: Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit.

text: Article 6

text: Any Contracting Party may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, declare that it avails itself of one or more of the reservations provided for in Annex II to this Agreement.

text: Any Contracting Party may wholly or partly withdraw a reservation it has made in accordance with the foregoing paragraph by means of a declaration addressed to the Secretary General of the Council of Europe, which shall become effective as from the date of its receipt.

text: Article 7

text: The annexes shall be an integral part of this Agreement.

text: Article 8

text: Any Contracting Party may at the time of signature or when depositing its instrument of ratification, acceptance or accession, specify the territory or territories to which this Agreement shall apply. 2 Any Contracting Party may, when depositing its instrument of ratification, acceptance or accession or at any later date by declaration addressed to the Secretary General of the Council of Europe, extend this agreement to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. 3 Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in

text: Article 10

text: of this Agreement.

text: Article 9

text: This Agreement shall remain in force indefinitely. 2 Any Contracting Party may, in so far as it is concerned, denounce this Agreement by means of a notification addressed to the Secretary General of the Council of Europe. 3 Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification.

text: Article 10

text: The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Agreement of: a any signature without reservation in respect of ratification or acceptance; b any signature with reservation in respect of ratification or acceptance; c the deposit of any instrument of ratification, acceptance or accession; d any date of entry into force of the modifications or extensions referred to in Article 3.2; e any date of entry into force of this Agreement in accordance with

text: Article 5

text: ; f any communication received in pursuance of the provisions of

text: Article 2

text: ; g any notification received in pursuance of the provisions of

text: Article 7

text: ; h any declaration received in pursuance of the provisions of

text: Article 9

text: ; i any notification received in pursuance of the provisions of

text: Article 10

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Agreement.

text: Done at Strasbourg, this 25th day of October 1967, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 11

type: internationell-overenskommelse


identifier: ETS No. 060

openingPlace: Paris

reference: ETS No. 060

title: European Convention on Foreign Money Liabilities

text: European Treaty Series - No. 60

text: Paris, 11.XII.1967

text: The member States of the Council of Europe, signatory hereto, Whereas the aim of the Council of Europe is to achieve a greater unity between its members, in particular by the adoption of common rules in the legal field; Considering that it is advisable to harmonise certain rules relating to foreign money liabilities, Have agreed as follows:

text: Each Contracting Party undertakes that within twelve months of the date of entry into force of the present Convention in respect of that Party, its national law shall conform with the rules set forth in the annex appended hereto. 2 The application of the rules of the annex shall extend to all liabilities under which a sum of money is due, whether originally expressed in money or not. 3 Each Contracting Party has the right, in specific matters, not to apply the provisions of the annex or to apply them with the modifications it finds necessary.

text: Article 1

text: Each Contracting Party shall have the right to substitute the date from which the debtor finds himself in demeure for the date of maturity referred to in

text: Article 4

text: of the annex.

text: Article 2

text: Each Contracting Party shall have the right to make its law conform to one only of the alternatives referred to in

text: Article 5

text: of the annex.

text: Article 3

text: This Convention shall not prevent any Contracting Party from maintaining or introducing into its legislation provisions concerning exchange control or prohibiting in certain cases the conclusion of contracts and the payment in foreign money.

text: Article 4

text: This Convention shall be without prejudice to the provisions of any treaties, conventions or bilateral or multilateral agreements concluded or to be concluded, governing in special fields matters covered by this Convention.

text: ETS 60 – Foreign Money Liabilities, 11.XII.1967 __________________________________________________________________________________

text: Article 5

text: Any contracting Party may, at the time of the signature or when depositing its instrument of ratification, acceptance or accession, declare that, in regard to non-contractual liabilities, it reserves the right not to apply the provisions of paragraphs 1 and 2 of

text: Article 4

text: and

text: Article 6

text: Article 6

text: Each Contracting Party shall transmit to the Secretary General of the Council of Europe the official text of any legislation concerning the matters governed by the Convention. The Secretary General shall transmit copies of the texts to the other Parties.

text: Article 7

text: This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

text: This Convention shall enter into force three months after the date of the deposit of the third instrument of ratification or acceptance.

text: In respect of a signatory State ratifying or accepting subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification or acceptance.

text: Article 8

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State to accede thereto.

text: Article 9

text: Any Contracting Party may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, specify the territory or territories to which this Convention shall apply.

text: Any Contracting Party may, when depositing its instrument of ratification, acceptance or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.

text: Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in

text: Article 11

text: of this Convention.

text: Article 10

text: This Convention shall remain in force indefinitely. 2 Any Contracting Party may, in so far as it is concerned, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 3 Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification.

text: Article 11

text: The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention of: a any signature; b any deposit of an instrument of ratification, acceptance or accession; c any date of entry into force of this Convention in accordance with

text: Article 8

text: thereof; d any declaration received in pursuance of the provisions of paragraphs 2 and 3 of

text: Article 10

text: ; e any reservation made in pursuance of the provisions of paragraph 1 of

text: Article 6

text: ; f the withdrawal of any reservation carried out in pursuance of the provisions of paragraph 2 of

text: Article 6

text: Article 11

text: and the date on which denunciation takes effect.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Paris, this 11th day of December 1967, in French and English, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 12


identifier: ETS No. 061

reference: ETS No. 061

title: European Convention on Consular Functions

text: European Treaty Series - No. 61

text: European Convention on Consular Functions

text: Paris, 11.XII.1967

text: Preamble

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve greater unity between its members, in order to protect and promote the ideals and principles that are their common heritage and to facilitate their economic and social progress, and that this aim can in particular be attained by the conclusion of international conventions; Taking note of the fact that consular relations, privileges and immunities are dealt with in the Vienna Convention on Consular Relations signed on 24th April 1963, and in other conventions; Being convinced that the conclusion of a European Convention on Consular Functions will further the process of European unification and co-operation; Affirming that the questions not regulated by the present Convention continue to be governed by customary international law; Whereas it has been found possible to establish special rules in this field, concerning the consular officers of the Contracting Parties, solely by virtue of the close co-operation between them, Have agreed as follows:

text: Chapter I – Definitions

text: For the purposes of the present Convention: a "consular officer" means any person entrusted by the sending State with, and admitted by the receiving State to, the exercise of consular functions; b "sending State" means the Contracting Party by whom a consular officer is appointed; c "receiving State" means a Contracting Party within whose territory a consular officer performs his functions; d "national" means, in relation to the sending State, any person who is regarded as a national by the law of that State, including, where the context so permits, any legal person;

text: ETS 61 – Consular Functions, 11.XII.1967 __________________________________________________________________________________

ordinal: e

text: "consular post" means any consulate-general, consulate, vice-consulate or consular agency; f "consular district" means the area assigned to a consular post for the exercise of consular functions; g "vessel of the sending State" means any seagoing vessel, other than a warship, which possesses the nationality of the sending State under the law of that State.

text: Article 1

text: Chapter II – General consular functions

text: A consular officer shall be entitled to protect the nationals of the sending State and to defend their rights and interests. 2 He shall likewise be entitled to further the interests of the sending State, including its interests in relation to commercial, economic, social, professional, touristic, artistic, scientific, educational and maritime matters and civil aviation, and to promote and develop co-operation between the sending and the receiving States in these and other fields. 3 Upon notification to the receiving State, any Contracting Party is entitled to entrust the protection of its nationals and the defence of their rights and interests to consular officers of another Contracting Party.

text: Article 2

text: In the exercise of his consular functions, a consular officer shall be entitled to apply: a to the competent authorities, administrative and judicial, of his district; b in matters relevant to his district, to the competent central authorities, administrative and judicial, of the receiving State to the extent that this is permitted by the practice of that State. 2 In the case of any written communication to these authorities, the authority concerned may require that a translation should be made into one of the official languages of the receiving State.

text: Article 3

text: With a view to the protection of the rights and interests of the nationals of the sending State, a consular officer shall be entitled: a subject to the provisions of

text: Article 6

text: to have access to, communicate with, interview and advise, any such national; b to seek information on any incident affecting the interests of any such national; c to assist any such national in his relations with the administrative authorities referred to in

text: Article 3

text: ; d to assist him, provided that there is nothing contrary thereto in the law of the receiving State, in proceedings before the judicial authorities referred to in

text: Article 3

text: ; e to arrange legal representation for him if necessary;

ordinal: f

text: to suggest an interpreter to assist any such national before the authorities referred to in

text: Article 3

text: , or, with the consent of the said authorities, act as interpreter on behalf of any such national.

text: Article 4

text: A national of the sending State shall at all times be entitled to communicate with the appropriate consular officer subject to the provisions of

text: Article 6

text: , and, unless he is under arrest or detention, to have access to him at his consular post.

text: Article 5

text: A consular officer shall be informed without delay by the competent authorities of the receiving State when, within his district, any national of the sending State is subjected by the said authorities to any measure depriving him of his liberty.

text: All communications between a consular officer and a national of the sending State who is arrested or detained otherwise than in pursuance of a final judgment of a court or of a final administrative decision, shall be forwarded without delay by the competent authorities. A consular officer shall be entitled to visit him and to interview him. The rights referred to in the present paragraph shall be exercised in conformity with the law of the receiving State, provided, however, that the said law enables full effect to be given to the purposes for which the rights accorded under this paragraph are intended.

text: All communications between a consular officer and a national of the sending State who is detained in an institution within his district in pursuance of a final judgment of a court or of a final administrative decision, shall be forwarded without delay having regard to the regulations of that institution. Subject to that limitation, a consular officer shall have the right, after having informed the competent authority, to visit such national and to interview him, including interviews in private.

text: Article 6

text: A consular officer shall be entitled to:

text: register nationals of the sending State;

text: issue and renew to nationals of the sending State and to any other persons entitled to receive them:

text: identity documents;

text: ii passports or other travel documents;

ordinal: c

text: grant and renew visas for entry into the sending State.

text: Article 7

text: carry out all formalities connected with compulsory national service including the military obligations of nationals of the sending State, issue notices for their attention, and send them individual calling-up papers or any other papers relating to such obligations;

text: send individual notifications to nationals of the sending State in connection with referendums and elections, national and local, and to receive ballot papers of his nationals qualified to participate in the said referendums and elections.

text: Article 8

text: A consular officer shall be entitled in civil and commercial matters to serve judicial documents, transmit extra-judicial documents or take evidence on behalf of the courts of the sending State, in accordance with international agreements in force or, in the absence of such agreements, if no objection is raised by the receiving State.

text: Article 9

text: A consular officer may issue certificates of origin or of immediate source of goods and other similar documents.

text: Article 10

text: A consular officer may receive for safe custody such sums of money, documents and objects of all kinds as may be delivered to him by, or on behalf of, nationals of the sending State.

text: Article 11

text: A consular officer shall be entitled to receive such declarations as may be required by the law of the sending State, particularly as regards nationality.

text: He shall likewise be entitled, to the extent that there is nothing contrary thereto in the law of the receiving State, to legalise or certify signatures, authenticate or certify documents, and translate these documents in particular for the purpose of their production before an authority in the receiving State.

text: Article 12

text: draw up or record documents on the birth or death of nationals of the sending State or any other documents concerning the civil status of such nationals;

text: celebrate a marriage, provided that at least one of the parties is a national of the sending State, that neither of them is a national of the receiving State and that there is nothing in the law of the receiving State which would prevent the celebration of the marriage by the consular officer.

text: The issue of the documents referred to in paragraph 1.a shall not involve exemption from any obligation imposed by the law of the receiving State.

text: Article 13

text: Provided that there is nothing contrary thereto in the law of the receiving State and without prejudice to any action which the competent authorities of that State may take to this effect, a consular officer shall be entitled to safeguard the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly to arrange for matters of guardianship and trusteeship.

text: propose to those authorities a person suitable to be appointed guardian or trustee;

text: concern himself with the interests of such minors and other persons lacking full capacity.

text: When such guardianship or trusteeship is to be arranged by the authorities of the receiving State, a consular officer shall be entitled to:

text: If it should come to the knowledge of the competent local authorities of the receiving State that a national of the sending State, in respect of whom guardianship or trusteeship is to be arranged, is in the receiving State, they shall inform the appropriate consular officer accordingly. The consular officer shall similarly inform the said authorities if such information should reach him through any other channel.

text: Article 14

text: acts and contracts concerning exclusively nationals of the sending State;

text: contracts of marriage provided that at least one of the parties is a national of the sending State;

text: acts and contracts notwithstanding that none of the parties concerned is a national of the sending State, provided that such acts and contracts relate to property situated within that State or are intended to have effect within that State.

text: A consular officer shall be entitled to draw up or receive in notarial form or in such similar form as may be laid down by the law of the sending State:

text: The acts and contracts referred to in the preceding paragraph shall have judicial effect in the receiving State only to the extent that there is nothing contrary thereto under the law of that State.

text: When the law of the sending State requires the administration of an oath or affirmation, a consular officer shall be entitled to administer such oath or affirmation.

text: Article 15

text: A consular officer may advise nationals of the sending State in regard to their rights and duties under the law of the receiving State relating to social security and social and medical assistance, and assist them in this connection.

text: He may, in particular, when the beneficiary is not duly represented in the receiving State receive, in accordance with the law of that State, payment of pensions or allowances due to nationals of the sending State, and pass them on to the entitled persons, in conformity with the law of the sending State and with international agreements in force, especially in the field of social security.

text: Article 16

text: Chapter III – Estates

text: of the death within his district of any national of the sending State;

text: of the existence in the district of an estate with regard to which the consular officer may have a right to represent interests under the provisions of this chapter.

text: The competent authorities of the receiving State shall inform the appropriate consular officer as soon as they have knowledge:

text: The consular officer, if he is the first to have knowledge of such a death or the existence of such an estate shall similarly inform the competent authorities of the receiving State and, should the eventuality arise, other consular officers concerned.

text: Article 17

text: If a national of the sending State dies in the receiving State without being either domiciled or ordinarily resident there, the consular officer within whose district such national has died shall be permitted, for the purpose of safeguarding the money and effects in the personal possession of the deceased, to take immediate custody thereof, subject to the right of the administrative or judicial authorities of the receiving State to take custody of such money and effects in any case where the interests of justice so require. The preservation or disposal of such money or effects shall be subject to the law of the receiving State.

text: Article 18

text: If, in the receiving State, it is permitted to receive and distribute an estate of small value without first obtaining a grant of representation, a consular officer shall be entitled to receive and distribute such an estate of a national of the sending State.

text: Article 19

text: In any case where a deceased person leaves property in the receiving State and a national of the sending State who is not resident in the receiving State and is not legally represented there has or may have an interest in such property, the consular officer in whose district the estate is being administered or otherwise dealt with in conformity with the law of the receiving State, or, failing this, in whose district the property is situated, shall have the right to represent such national as regards his interests in the estate or property as if power of attorney had been conferred by him upon the consular officer.

text: The provisions of the foregoing paragraph shall, provided that this is consistent with the law of the receiving State, also apply when a national of the sending State who is resident in the receiving State is incapable of exercising his rights.

text: The presumed power of attorney of the consular officer shall cease to be operative as from the date when the consular officer is informed that such national is defending his interests in the receiving State either in person or through a duly appointed representative.

text: If, however, a grant has been made to the consular officer in accordance with

text: Article 23

text: , the presumed power of attorney shall cease to be operative as from the date when at the request of the national or his representative, or otherwise, the grant is terminated.

text: Article 20

text: When a consular officer exercises the right of representation provided for by

text: Article 20

text: , he may intervene with a view to the protection and preservation of the interests of the person whom he is entitled to represent, subject to the provisions of paragraph 1 of

text: Article 23

text: . He may, for example, request the administrative or judicial authorities of the receiving State to place the property under seal and subsequently to remove the seals and make the inventory.

text: Where

text: Article 20

text: does not apply, the consular officer of the State of which the deceased was a national may, provided that this is consistent with the law of the receiving State, intervene, to the same extent and subject to the provisions in paragraph 1 of

text: Article 23

text: , with a view to the protection and preservation of the property. He may likewise intervene when the executors are not present or represented.

text: Article 21

text: Article 20

text: , he may, subject to the provisions of paragraph 2 of

text: Article 23

text: , and provided that this is consistent with the law of the receiving State, also take into his control and administer the estate to the same extent as if a power of attorney had been conferred upon him by the national, unless another person, having equal or greater rights, has already taken the necessary steps for this purpose.

text: Article 22

text: If, under the law of the receiving State, a grant of representation or order of a court is necessary to enable the consular officer to protect and preserve the estate, any grant or order which would have been made in favour of the duly appointed attorney of the person whose interests are represented by the consular officer shall be made in favour of the consular officer on his application. On prima facie evidence of the necessity for the immediate protection and preservation of the estate and of the existence of persons with an interest therein which the consular officer has a right to represent, the court may make a grant or order to the consular officer provisionally, limited to the protection and preservation of the estate until such time as a further grant or order is made.

text: If, under the law of the receiving State, a grant of representation is necessary to enable the consular officer to take control of and to administer the estate, the consular officer shall be entitled to request and obtain a grant of representation in the same way as the duly appointed attorney of the person whose interests he represents.

text: The court may postpone the making of a grant to a consular officer for such time as it deems necessary to enable the person represented by the consular officer to be informed and to decide whether he desires to be represented otherwise than by the consular officer.

text: Article 23

text: Where a consular officer has a grant under paragraph 2 of

text: Article 23

text: , he shall, if the court so requests, furnish reasonable evidence of the receipt of the assets by those entitled to them or repay or return those assets to the appropriate authority or person in the event of his being unable to furnish such evidence. He shall likewise, after having administered the estate, transfer the assets to the persons entitled to them through any channels which, if the eventuality arises, the court may direct.

text: Where a consular officer may take into his control and administer an estate without a grant or order of a court, he shall, as regards transfer of the assets to the beneficiaries, be bound by the law of the receiving State.

text: Article 24

text: When a consular officer exercises with regard to an estate the rights referred to in

text: Articles 18

text: to 24, he shall, to that extent and in his consular capacity, be subject to the jurisdiction of the courts of the receiving State.

text: Article 25

text: A consular officer may receive from a competent authority or person, for transmission to a national of the sending State who is not resident in the receiving State, money or other property to which such national is entitled as a consequence of the death of any person. Such money or other property may include, but is not limited to, shares in an estate, payments made pursuant to social legislation or other relevant laws, and the proceeds of life assurance policies. With regard to furnishing reasonable evidence of the receipt of the money or other property by the national to whom it is to be transmitted, and with regard to returning the money or other property in the event of the consular officer being unable to furnish such evidence, the latter shall comply with any conditions laid down by the competent authority or person referred to above.

text: Article 26

text: Money or other property may be paid, delivered or transferred to a consular officer, only to the extent that, and subject to the conditions under which, payment, delivery, or transfer to the person whom the consular officer represents or on whose behalf he receives the money or other property, would be permitted under the law of the receiving State. The consular officer shall acquire no greater rights in respect of such money or other property than the person whom he represents or on whose behalf he receives the money or other property would have acquired, if the money or other property had been paid, delivered or transferred to such person directly.

text: Article 27

text: Chapter IV – Shipping

text: When a vessel of the sending State is in a port of the receiving State or in the territorial or internal waters of that State, a consular officer shall be entitled to afford all appropriate assistance to the vessel.

text: Article 28

text: A consular officer may invoke the assistance of the authorities of the receiving State in any matter pertaining to the performance of the functions described in this chapter, and the said authorities shall give such assistance unless they have serious reasons to put forward for refusing it in a particular case.

text: Article 29

text: When a vessel of the sending State is in a port of the receiving State or anchors in the territorial or internal waters of that State, the appropriate consular officer may, as soon as she has received pratique, go on board this vessel himself or send his representative.

text: The master and members of the crew shall be permitted to communicate with the consular officer. They may proceed to the consular post provided that sufficient time is available before the departure of the vessel. If, however, the authorities of the receiving State consider that sufficient time is not available, they shall immediately so inform the appropriate consular officer.

text: Article 30

text: question the master and members of the crew of a vessel of the sending State;

text: examine and countersign the vessel's papers; c in cases where this is required by the maritime laws of the sending State, take statements and execute maritime declarations with regard to all events relating to the master, members of the crew and other persons on board, the vessel, its voyage, destination and cargo; d generally facilitate the vessel's entry into, stay in, and departure from, a port, or territorial or internal waters; e deliver on behalf of the sending State any documents necessary to enable the vessel to sail; f issue and renew special documents relating to seamen in conformity with the law of the sending State; g arrange for the engagement, embarkation, discharge and disembarkation of the master and members of the crew; h receive, draw up or execute any declaration or other document prescribed by the maritime laws of the sending State concerning, inter alia: i the entry in, or removal from, the register of the sending State of any vessel; ii the transfer from one owner to another of any vessel inscribed on that register; iii the registration of any mortgage or charge of such a vessel; iv the fitting-out or laying-up of such a vessel; v the loss of such a vessel, or average in relation to such a vessel; i take any other measures for the enforcement on board the vessel of the maritime laws of the sending State.

text: Article 31

text: A consular officer or his representative shall be entitled to aid the master and members of the crew in their dealings with the administrative or judicial authorities of the receiving State.

text: Article 32

text: Subject to the provisions of

text: Articles 35

text: and 36, a consular officer shall be entitled to: a take measures for the preservation of good order and discipline on board vessels of the sending State; b settle disputes between the master and members of the crew, including disputes as to wages and contracts of service.

text: Article 33

text: A consular officer may make arrangements for medical assistance, including treatment in hospital, for the master and members of the crew of a vessel of the sending State, even after discharge.

text: He may likewise make arrangements for the repatriation of any such person.

text: Article 34

text: Except at the request or with the consent of the consular officer, the administrative authorities of the receiving State shall not concern themselves with any matter relating to the internal management of the vessel.

text: The administrative or judicial authorities of the receiving State shall not interfere with the detention of a seaman in custody on the vessel for a disciplinary offence, provided that such detention is lawful under the law of the sending State and is not accompanied by unjustifiable severity or inhumanity, and provided that there is no reasonable cause for believing that the life or liberty of the seaman will be endangered, for reasons of race, nationality, political opinion, or religion, in any country to which the vessel is likely to sail.

text: With regard to disputes between the master and members of the crew as to wages and contracts of service, the judicial authorities of the receiving State shall not exercise such jurisdiction as they possess under the law of that State unless the consular officer has been notified and has raised no objection.

text: Article 35

text: Unless paragraphs 2 and 3 of the present article provide otherwise, the judicial and administrative authorities of the receiving State shall not entertain prosecutions or intervene, as the case may be, in relation to offences committed or matters occurring on board the vessel, except at the request or with the consent of the consular officer or other duly authorised person.

text: have been committed by or against any person other than the master or member of the crew or by or against a national of the receiving State;

text: involve the tranquillity or safety of a port of the receiving State or the safety of the territorial or internal waters of such State;

text: are offences against the law of the receiving State regarding public safety, public health, the safeguarding of life at sea, immigration, customs or oil pollution;

text: are grave offences.

text: Irrespective of the consent of the consular officer or other duly authorised person, the judicial authorities of the receiving State may entertain prosecutions in respect of offences committed on board the vessel, when these offences:

text: where a person has been charged with having committed on board an offence in respect of which the judicial authorities of the receiving State may, in conformity with the foregoing paragraph, entertain a prosecution, or where there is reasonable cause for believing that such offence is about to be or is being or has been committed, on board;

text: where they are entitled to intervene in conformity with paragraph 2 of

text: Article 35

text: where a person is detained on board against his will, with the exception of a member of the crew detained for a disciplinary offence;

text: for the purpose of taking any action or making any examination which they consider necessary in regard to any of the matters specified in sub-paragraphs b and c of the foregoing paragraph.

text: The administrative authorities of the receiving State may likewise, intervene, irrespective of the consent of the consular officer or other duly authorised person, in relation to matters occurring on board the vessel:

text: For the purposes of this article, the term "grave offence" shall mean any offence which under the law of the receiving State is punishable with a maximum sentence of at least five years deprivation of liberty, or in the case of States which make a notification to this effect, three years or four years deprivation of liberty as the case may be.

text: Article 36

text: Unless it is impossible by reason of the urgency of the matter, the consular officer shall be given prior notice in sufficient time to enable him to be present whenever the authorities of the receiving State proceed on board the vessel to act in pursuance of

text: Article 36

text: In all cases where the authorities of the receiving State take action under

text: Article 36

text: , they shall provide the consular officer with full information about what has taken place.

text: The provisions of this article shall not apply to routine examination concerning customs, public health, the policing of ports, dangerous goods and immigration control.

text: Article 37

text: If a member of the crew of a vessel fails to report for duties on board a vessel of the sending State, the administrative and judicial authorities of the receiving State shall, at the request of the consular officer, accord every possible assistance in finding the said member of the crew.

text: On proof of desertion, the authorities of the receiving State shall, subject to the provisions of

text: Article 29

text: , detain the deserter and convey him on board the vessel, or deliver him to the master or such other person as may be competent under the law of the receiving State.

text: if the deserter is a national of the receiving State;

text: if there is reasonable cause for believing that his life or liberty will be endangered for reason of race, nationality, political opinion or religion in any country to which the vessel is likely to sail.

text: The authorities of the receiving State shall not, however, be bound by the provisions of the preceding paragraph:

text: If a member of the crew of a vessel misses that vessel and wishes to rejoin her at another port or to join another vessel or otherwise to leave the receiving State forthwith, the authorities of that State, at the request of the consular officer shall, subject to the provisions of

text: Article 29

text: , and where appropriate, accord facilities and assistance for these purposes and refrain from any action which would impede their fulfilment.

text: Article 38

text: a vessel of the sending State has been wrecked or stranded in the territorial or internal waters of the receiving State, or in the vicinity of those waters;

text: parts of a vessel of the sending State or of her cargo, have come to shore in the receiving State.

text: The authorities of the receiving State shall inform the appropriate consular officer as soon as it comes to their knowledge that:

text: The authorities of the receiving State shall take all necessary measures to maintain order, to ensure the protection of the vessel and of persons and property in the cases mentioned in the preceding paragraph, and to prevent any damage that might be caused to other vessels or to harbour installations. The authorities shall also inform the appropriate consular officer as soon as possible of the measures taken and, where appropriate and practicable, shall associate him with these measures.

text: Article 39

text: If neither the master, the owner nor the insurers or their agents are in a position to make arrangements to this effect, the appropriate consular officer may, as a representative of the owner, make, in collaboration with the authorities and in accordance with the law of the receiving State, the same arrangements in respect of any vessel, part of a vessel or cargo to which paragraph 1 of

text: Article 39

text: applies, as the owner could have made if he had been present.

text: Articles belonging to such a vessel or cargo shall not be liable to customs duties or import tax, unless they are brought ashore for use or consumption within the receiving State. The authorities of the receiving State may, however, if they think fit, require security for the protection of the revenue in relation to such articles temporarily based in the receiving State.

text: Article 40

text: If a master or member of a crew, not being a national of the State of the flag, has died at sea, or on land in any country whatsoever, the competent authorities of the State of the flag shall, without delay, send to the consular officer or to other competent authorities of the State of the deceased a copy of the accounts they have received relating to the effects, wages and other property of the deceased, as well as all information which may facilitate the search for persons entitled to make claims in order to succeed to his estate.

text: If the value of effects, wages and other property of the deceased master or seaman does not exceed 500 gold Swiss Francs or such higher sum as may be notified subsequently by the State of the flag, the competent authorities of such State, if they are satisfied that a person resident in the State of the deceased is entitled to succeed to the estate of the deceased, shall transfer, without delay, the effects, wages and other property of the deceased master or seaman in their custody to the consular officer or to other competent authorities of the State of the deceased. The authorities of the State of the flag shall, however, be entitled, before making such transfer, to deduct from the said estate any sums necessary to meet debts to persons not resident in the State of the deceased if they are satisfied that such debts are legally valid.

text: Article 41

text: Chapter V – General provisions

text: In the exercise of his functions, a consular officer may levy the fees and charges provided for by the sending State. Such fees and charges shall be freely convertible into the currency of, and transferable to, the sending State.

text: Article 42

text: The provisions of the present Convention shall not affect other international agreements in force as between States parties to them.

text: Article 43

text: A consular officer shall be entitled, in addition to the consular functions for which provision is made in the present Convention, to exercise any other consular functions entrusted to him by the sending State which are not prohibited by the law of the receiving State or to which no objection is taken by that State.

text: In any case where the present Convention provides for the exercise by a consular officer of a particular function, it shall be for the sending State to determine whether and to what extent the consular officer shall exercise such function.

text: No Contracting Party may claim under the present Convention the right for its consular officers to exercise in the territory of another Contracting Party any function which it does not permit the consular officers of that Party to exercise.

text: Article 44

text: In any case where the application of the present Convention may be of concern to the consular officers of two or more Contracting Parties, it is for the said officers to establish the necessary contacts to ensure effective co-operation not only among themselves but also between themselves and the administrative or judicial authorities of the receiving State.

text: Article 45

text: A consular officer of the State where a stateless person has his habitual residence, may protect such a person as if

text: Article 2

text: , paragraph 1, of the present Convention applied, provided that the person concerned is not a former national of the receiving State.

text: For the purposes of this article, the term "stateless person" means any person to whom the Convention relating to the status of stateless persons opened for signature at New York on 28th September 1954 applies.

text: Article 46

text: The receiving State shall not be obliged to recognise a consular officer as entitled to exercise consular functions on behalf of, or otherwise to act on behalf of or concern himself with, a national of the sending State who has become a political refugee whether for reasons of race, nationality, political opinion or religion.

text: Article 47

text: Nothing in the present Convention shall prejudice the special status and international protection accorded to refugees by the Parties to the Convention in conformity with international instruments, present or future.

text: Article 48

text: Chapter VI – Final provisions

text: The annexes to the present Convention shall form an integral part thereof.

text: Article 49

text: The present Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

text: The present Convention shall enter into force three months after the date of the deposit of the fifth instrument of ratification or acceptance.

text: In respect of a signatory State ratifying or accepting subsequently, the present Convention shall come into force three months after the date of the deposit of its instrument of ratification or acceptance.

text: Article 50

text: After the entry into force of the present Convention, the Committee of Ministers of the Council of Europe may decide by a unanimous vote to invite any non-member European State to accede thereto.

text: Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit.

text: Article 51

text: Any Contracting Party may at the time of signature or when depositing its instrument of ratification, acceptance or accession, specify the territory or territories to which the present Convention shall apply.

text: Any Contracting Party may, when depositing its instrument of ratification, acceptance or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend the present Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.

text: Any declaration made in pursuance of the preceding paragraph may, in respect of any territory specified in such declaration, be withdrawn according to the procedure laid down in

text: Article 55

text: of the present Convention.

text: Article 52

text: Any Contracting Party may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, declare that it avails itself of one or more of the reservations provided for in Annex I to the present Convention.

text: Any Contracting Party may wholly or partly withdraw a reservation it has made in accordance with the foregoing paragraph by means of a declaration addressed to the Secretary General of the Council of Europe which shall become effective as from the date of its receipt.

text: A Contracting Party which has made a reservation in respect of any provision of the present Convention may not claim the application of that provision by any other Party; it may, however, if its reservation is partial or conditional, claim the application of that provision in as far as it has itself accepted it.

text: Article 53

text: Any Contracting Party may declare, by a notification to the Secretary General of the Council of Europe, that it has agreed with one or more other Contracting Parties to expand the scope of certain provisions of the present Convention in respect of their mutual relations. Such notification shall be accompanied by the text of the agreement in question.

text: Article 54

text: The present Convention shall remain in force indefinitely. 2 Any Contracting Party may, in so far as it is concerned, denounce the present Convention by means of a notification addressed to the Secretary General of the Council of Europe. 3 This denunciation shall take effect six months after the date of receipt by the Secretary General of the notification.

text: Article 55

text: The parties to any dispute which may arise concerning the application or interpretation of the provisions of this Convention or its Protocols shall first of all seek to resolve it by means of negotiation, conciliation, arbitration or by any other methods of peaceful settlement accepted by mutual agreement between them. 2 The Committee of Ministers of the Council of Europe may establish procedures of settlement to be available for use by the parties in dispute if they should so agree. 3 If the parties do not succeed in settling the dispute by one of the methods indicated in the foregoing paragraph, it shall be submitted to the International Court of Justice at the request of one of the parties.

text: Article 56

text: The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to the present Convention of: a any signature; b any deposit of an instrument of ratification, acceptance or accession; c any date of entry into force of the present Convention in accordance with

text: Articles 50

text: and 51; d any declaration received in pursuance of the provisions of paragraphs 2 and 3 of

text: Article 52

text: Article 53

text: ; f the withdrawal of any reservations carried out in pursuance of the provisions of paragraph 2 of

text: Article 53

text: ; g any notification received in pursuance of the provisions of paragraph 4 of

text: Article 36

text: , paragraph 2 of

text: Article 41

text: , or

text: Article 54

text: ; h any notification received in pursuance of the provisions of

text: Article 55

text: In witness whereof the undersigned, being duly authorised thereto, have signed the present Convention.

text: Done at Paris, this 11th day of December 1967, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 57


doctype: protocol

identifier: ETS No. 061A

reference: ETS No. 061A

title: Protocol to the European Convention on Consular Functions concerning the Protection of Refugees

text: European Treaty Series - No. 61A

text: Paris, 11.XII.1967

text: Preamble

text: The member States of the Council of Europe, signatory hereto, Having regard to the provisions of the European Convention on Consular Functions (hereinafter referred to as "the Convention"); Desiring to ensure for refugees effective consular protection, Have agreed as follows:

text: The present Protocol shall apply to refugees in the sense of Article 48 of the Convention.

text: Article 1

text: The States signatory to the present Protocol recognise the right of a Contracting Party to decline to admit a consular officer as being entitled to act on behalf of, or otherwise concern himself with, a national of his State who is a refugee. 2 The consular officer of the State where the refugee has his habitual residence shall be entitled to protect such a refugee and to defend his rights and interests in conformity with the Convention, in consultation, whenever possible, with the Office of the United Nations High Commissioner for Refugees, or any other agency of the United Nations which may succeed it.

text: Article 2

text: The present Protocol shall be open to signature by the member States of the Council of Europe which have signed the Convention. It shall be subject to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe. 2 The present Protocol shall enter into force three months after the date of the deposit of the fifth instrument of ratification or acceptance. 3 In respect of a signatory State ratifying or accepting subsequently, the present Protocol shall come into force three months after the date of the deposit of its instrument of ratification or acceptance.

text: ETS 61A – Consular Functions (Protocol), 11.XII.1967 __________________________________________________________________________________

text: No member State of the Council of Europe may ratify or accept the present Protocol unless it has, simultaneously or previously, ratified or accepted the Convention.

text: Article 3

text: Any State which has acceded to the Convention may accede to the present Protocol after the latter's entry into force. 2 Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit.

text: Article 4

text: Any Contracting Party, may at the time of signature or when depositing its instrument of ratification, acceptance or accession, specify the territory or territories to which the present Protocol shall apply. 2 Any Contracting Party may, when depositing its instrument of ratification, acceptance or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend the present Protocol to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. 3 Any declaration made in pursuance of the preceding paragraph may, in respect of any territory specified in such declaration, be withdrawn according to the procedure laid down in

text: Article 7

text: of the present Protocol.

text: Article 5

text: No reservation may be made in respect of the present Protocol. However, reservations made to the Convention in pursuance of Article 53 thereof shall also apply to the Protocol.

text: Article 6

text: The present Protocol shall have the same duration as the Convention. 2 Any Contracting Party may, in so far as it is concerned, denounce the present Protocol by means of a notification addressed to the Secretary General of the Council of Europe. 3 Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification. 4 Denunciation of the Convention entails automatically denunciation of the present Protocol.

text: Article 7

text: The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to the present Protocol of: a any signature; b any deposit of an instrument of ratification, acceptance or accession; c any date of entry into force of the present Protocol in accordance with

text: Articles 3

text: and 4;

ordinal: d

text: any declaration received in pursuance of the provisions of paragraphs 2 and 3 of

text: Article 5

text: any notification received in pursuance of the provisions of

text: Article 7

text: and the date on which denunciation takes effect.

text: In witness whereof the undersigned, being duly authorised thereto, have signed the present Protocol.

text: Article 8