identifier: ETS No. 127

reference: ETS No. 127

title: Convention on Mutual Administrative Assistance in Tax Matters

text: European Treaty Series - No. 127

text: Convention on Mutual Administrative Assistance in Tax Matters as amended

text: by the 2010 Protocol

text: Strasbourg, 25.I.1988

text: Preamble

text: The member States of the Council of Europe and the member countries of the Organisation for Economic Co-operation and Development (OECD), signatories of this Convention,

text: Considering that the development of international movement of persons, capital, goods and services – although highly beneficial in itself – has increased the possibilities of tax avoidance and eva-sion and therefore requires increasing co-operation among tax authorities;

text: Welcoming the various efforts made in recent years to combat tax avoidance and tax evasion on an international level, whether bilaterally or multilaterally;

text: Considering that a co-ordinated effort between States is necessary in order to foster all forms of administrative assistance in matters concerning taxes of any kind whilst at the same time ensuring adequate protection of the rights of taxpayers;

text: Recognising that international co-operation can play an important part in facilitating the proper determination of tax liabilities and in helping the taxpayer to secure his rights;

text: Considering that fundamental principles entitling every person to have his rights and obligations determined in accordance with a proper legal procedure should be recognised as applying to tax matters in all States and that States should endeavour to protect the legitimate interests of taxpayers, including appropriate protection against discrimination and double taxation;

text: Convinced therefore that States should not carry out measures or supply information except in conformity with their domestic law and practice, having regard to the necessity of protecting the confidentiality of information, and taking account of international instruments for the protection of privacy and flows of personal data;

text: Convinced therefore that States should carry out measures or supply information, having regard to the necessity of protecting the confidentiality of information, and taking account of international instruments for the protection of privacy and flows of personal data;

text: Considering that a new co-operative environment has emerged and that it is desirable that a multilateral instrument is made available to allow the widest number of States to obtain the benefits of the new co-operative environment and at the same time implement the highest international standards of co-operation in the tax field; _____ (*) Text amended according to the provisions of the Protocol amending the Convention (CETS No. 208), as from its entry into force on 1 June 2011. (1) Text amended according to the provisions of the Protocol amending the Convention (CETS No. 208). (2) Text added according to the provisions of the Protocol amending the Convention (CETS No. 208).

text: ETS 127 – Mutual Administrative Assistance in Tax Matters amended by 2010 Protocol, 25.I.1988 __________________________________________________________________________________

text: Desiring to conclude a convention on mutual administrative assistance in tax matters, Have agreed as follows:

text: Chapter I – Scope of the Convention

text: The Parties shall, subject to the provisions of Chapter IV, provide administrative assistance to each other in tax matters. Such assistance may involve, where appropriate, measures taken by judicial bodies. 2 Such administrative assistance shall comprise: a exchange of information, including simultaneous tax examinations and participation in tax examinations abroad; b assistance in recovery, including measures of conservancy; and c service of documents. 3 A Party shall provide administrative assistance whether the person affected is a resident or national of a Party or of any other State.

text: Article 1 – Object of the Convention and persons covered

text: This Convention shall apply: a to the following taxes: i taxes on income or profits; ii taxes on capital gains which are imposed separately from the tax on income or profits; iii taxes on net wealth; imposed on behalf of a Party; and b to the following taxes: i taxes on income, profits, capital gains or net wealth which are imposed on behalf of political subdivisions or local authorities of a Party; ii compulsory social security contributions payable to general government or to social security institutions established under public law, and iii taxes in other categories, except customs duties, imposed on behalf of a Party, namely: A estate, inheritance or gift taxes, B taxes on immovable property, C general consumption taxes, such as value-added or sales taxes,

text: D specific taxes on goods and services such as excise taxes, E taxes on the use or ownership of motor vehicles, F taxes on the use or ownership of movable property other than motor vehicles, G any other taxes. iv taxes in categories referred to in sub-paragraph iii above which are imposed on behalf of political subdivisions or local authorities of a Party. 2 The existing taxes to which the Convention shall apply are listed in Annex A in the categories referred to in paragraph 1. 3 The Parties shall notify the Secretary General of the Council of Europe or the Secretary General of OECD (hereinafter referred to as the "Depositaries") of any change to be made to Annex A as a result of a modification of the list mentioned in paragraph 2. Such change shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Depositary. 4 The Convention shall also apply, as from their adoption, to any identical or substantially similar taxes which are imposed in a Contracting State after the entry into force of the Convention in respect of that Party in addition to or in place of the existing taxes listed in Annex A and, in that event, the Party concerned shall notify one of the Depositaries of the adoption of the tax in question.

text: Article 2 – Taxes covered

text: Chapter II – General definitions

text: For the purposes of this Convention, unless the context otherwise requires: a the terms "applicant State" and "requested State" mean respectively any Party applying for administrative assistance in tax matters and any Party requested to provide such assistance; b the term "tax" means any tax or social security contribution to which the Convention applies pursuant to

text: Article 2

text: ; c the term "tax claim" means any amount of tax, as well as interest thereon, related administrative fines and costs incidental to recovery, which are owed and not yet paid; d the term "competent authority" means the persons and authorities listed in Annex B; e the term "nationals" in relation to a Party means: i all individuals possessing the nationality of that Party, and ii all legal persons, partnerships, associations and other entities deriving their status as such from the laws in force in that Party. For each Party that has made a declaration for that purpose, the terms used above will be understood as defined in Annex C.

text: As regards the application of the Convention by a Party, any term not defined therein shall, unless the context otherwise requires, have the meaning which it has under the law of that Party concerning the taxes covered by the Convention.

text: The Parties shall notify one of the Depositaries of any change to be made to Annexes B and C. Such change shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Depositary in question.

text: Article 3 – Definitions

text: Chapter III – Forms of assistance

text: Section I – Exchange of information

text: The Parties shall exchange any information, in particular as provided in this section, that is foreseeably relevant for the administration or enforcement of their domestic laws concerning the taxes covered by this Convention.

text: Deleted.

text: Any Party may, by a declaration addressed to one of the Depositaries, indicate that, according to its internal legislation, its authorities may inform its resident or national before transmitting information concerning him, in conformity with

text: Articles 5

text: and 7.

text: Article 4 – General provision

text: At the request of the applicant State, the requested State shall provide the applicant State with any information referred to in

text: Article 4

text: which concerns particular persons or transactions.

text: If the information available in the tax files of the requested State is not sufficient to enable it to comply with the request for information, that State shall take all relevant measures to provide the applicant State with the information requested.

text: Article 5 – Exchange of information on request

text: With respect to categories of cases and in accordance with procedures which they shall determine by mutual agreement, two or more Parties shall automatically exchange the information referred to in

text: Article 4

text: Article 6 – Automatic exchange of information

text: the first-mentioned Party has grounds for supposing that there may be a loss of tax in the other Party;

text: a person liable to tax obtains a reduction in or an exemption from tax in the firstmentioned Party which would give rise to an increase in tax or to liability to tax in the other Party;

text: business dealings between a person liable to tax in a Party and a person liable to tax in another Party are conducted through one or more countries in such a way that a saving in tax may result in one or the other Party or in both;

text: a Party has grounds for supposing that a saving of tax may result from artificial transfers of profits within groups of enterprises;

ordinal: e

text: information forwarded to the first-mentioned Party by the other Party has enabled information to be obtained which may be relevant in assessing liability to tax in the latter Party.

text: A Party shall, without prior request, forward to another Party information of which it has knowledge in the following circumstances:

text: _____ (1) Article amended according to the provisions of the Protocol amending the Convention (CETS No. 208).

text: Each Party shall take such measures and implement such procedures as are necessary to ensure that information described in paragraph 1 will be made available for transmission to another Party.

text: Article 7 – Spontaneous exchange of information

text: At the request of one of them, two or more Parties shall consult together for the purposes of determining cases and procedures for simultaneous tax examinations. Each Party involved shall decide whether or not it wishes to participate in a particular simultaneous tax examination.

text: For the purposes of this Convention, a simultaneous tax examination means an arrangement between two or more Parties to examine simultaneously, each in its own territory, the tax affairs of a person or persons in which they have a common or related interest, with a view to exchanging any relevant information which they so obtain.

text: Article 8 – Simultaneous tax examinations

text: At the request of the competent authority of the applicant State, the competent authority of the requested State may allow representatives of the competent authority of the applicant State to be present at the appropriate part of a tax examination in the requested State.

text: If the request is acceded to, the competent authority of the requested State shall, as soon as possible, notify the competent authority of the applicant State about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the requested State for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the requested State.

text: A Party may inform one of the Depositaries of its intention not to accept, as a general rule, such requests as are referred to in paragraph 1. Such a declaration may be made or withdrawn at any time.

text: Article 9 – Tax examinations abroad

text: If a Party receives from another Party information about a person's tax affairs which appears to it to conflict with information in its possession, it shall so advise the Party which has provided the information.

text: Article 10 – Conflicting information

text: Section II – Assistance in recovery

text: At the request of the applicant State, the requested State shall, subject to the provisions of

text: Articles 14

text: and 15, take the necessary steps to recover tax claims of the first-mentioned State as if they were its own tax claims.

text: The provision of paragraph 1 shall apply only to tax claims which form the subject of an instrument permitting their enforcement in the applicant State and, unless otherwise agreed between the Parties concerned, which are not contested. However, where the claim is against a person who is not a resident of the applicant State, paragraph 1 shall only apply, unless otherwise agreed between the Parties concerned, where the claim may no longer be contested.

text: The obligation to provide assistance in the recovery of tax claims concerning a deceased person or his estate, is limited to the value of the estate or of the property acquired by each beneficiary of the estate, according to whether the claim is to be recovered from the estate or from the beneficiaries thereof.

text: Article 11 – Recovery of tax claims

text: At the request of the applicant State, the requested State shall, with a view to the recovery of an amount of tax, take measures of conservancy even if the claim is contested or is not yet the subject of an instrument permitting enforcement.

text: Article 12 – Measures of conservancy

text: a declaration that the tax claim concerns a tax covered by the Convention and, in the case of recovery that, subject to paragraph 2 of

text: Article 11

text: , the tax claim is not or may not be contested,

text: an official copy of the instrument permitting enforcement in the applicant State, and

text: any other document required for recovery or measures of conservancy.

text: The request for administrative assistance under this section shall be accompanied by:

text: The instrument permitting enforcement in the applicant State shall, where appropriate and in accordance with the provisions in force in the requested State, be accepted, recognised, supplemented or replaced as soon as possible after the date of the receipt of the request for assistance, by an instrument permitting enforcement in the latter State.

text: Article 13 – Documents accompanying the request

text: Questions concerning any period beyond which a tax claim cannot be enforced shall be governed by the law of the applicant State. The request for assistance shall give particulars concerning that period.

text: Acts of recovery carried out by the requested State in pursuance of a request for assistance, which, according to the laws of that State, would have the effect of suspending or interrupting the period mentioned in paragraph 1, shall also have this effect under the laws of the applicant State. The requested State shall inform the applicant State about such acts.

text: In any case, the requested State is not obliged to comply with a request for assistance which is submitted after a period of 15 years from the date of the original instrument permitting enforcement.

text: Article 14 – Time limits

text: The tax claim in the recovery of which assistance is provided shall not have in the requested State any priority specially accorded to the tax claims of that State even if the recovery procedure used is the one applicable to its own tax claims.

text: Article 15 – Priority

text: The requested State may allow deferral of payment or payment by instalments if its laws or administrative practice permit it to do so in similar circumstances, but shall first inform the applicant State.

text: Article 16 – Deferral of payment

text: Section III – Service of documents

text: At the request of the applicant State, the requested State shall serve upon the addressee documents, including those relating to judicial decisions, which emanate from the applicant State and which relate to a tax covered by this Convention. 2 The requested State shall effect service of documents: a by a method prescribed by its domestic laws for the service of documents of a substantially similar nature; b to the extent possible, by a particular method requested by the applicant State or the closest to such method available under its own laws. 3 A Party may effect service of documents directly through the post on a person within the territory of another Party. 4 Nothing in the Convention shall be construed as invalidating any service of documents by a Party in accordance with its laws. 5 When a document is served in accordance with this article, it need not be accompanied by a translation. However, where it is satisfied that the addressee cannot understand the language of the document, the requested State shall arrange to have it translated into or a summary drafted in its or one of its official languages. Alternatively, it may ask the applicant State to have the document either translated into or accompanied by a summary in one of the official languages of the requested State, the Council of Europe or the OECD.

text: Article 17 – Service of documents

text: Chapter IV – Provisions relating to all forms of assistance

text: in the case of a request for service of documents, the nature and the subject of the document to be served;

text: whether it is in conformity with the law and administrative practice of the applicant State and whether it is justified in the light of the requirements of Article 21.2.g.

text: A request for assistance shall indicate where appropriate: a the authority or agency which initiated the request made by the competent authority; b the name, address, or any other particulars assisting in the identification of the person in respect of whom the request is made; c in the case of a request for information, the form in which the applicant State wishes the information to be supplied in order to meet its needs; d in the case of a request for assistance in recovery or measures of conservancy, the nature of the tax claim, the components of the tax claim and the assets from which the tax claim may be recovered; _____ (1) Text amended according to the provisions of the Protocol amending the Convention (CETS No. 208).

text: As soon as any other information relevant to the request for assistance comes to its knowledge, the applicant State shall forward it to the requested State.

text: Article 18 – Information to be provided by the applicant State

text: Article 19 – Deleted

text: If the request for assistance is complied with, the requested State shall inform the applicant State of the action taken and of the result of the assistance as soon as possible.

text: If the request is declined, the requested State shall inform the applicant State of that decision and the reason for it as soon as possible.

text: If, with respect to a request for information, the applicant State has specified the form in which it wishes the information to be supplied and the requested State is in a position to do so, the requested State shall supply it in the form requested.

text: Article 20 – Response to the request for assistance

text: Nothing in this Convention shall affect the rights and safeguards secured to persons by the laws or administrative practice of the requested State.

text: to carry out measures at variance with its own laws or administrative practice or the laws or administrative practice of the applicant State;

text: to carry out measures which would be contrary to public policy (ordre public);

text: to supply information which is not obtainable under its own laws or its administrative practice or under the laws of the applicant State or its administrative practice;

text: to supply information which would disclose any trade, business, industrial, commercial or professional secret, or trade process, or information the disclosure of which would be contrary to public policy (ordre public);

text: to provide administrative assistance if and insofar as it considers the taxation in the applicant State to be contrary to generally accepted taxation principles or to the provisions of a convention for the avoidance of double taxation, or of any other convention which the requested State has concluded with the applicant State;

text: to provide administrative assistance for the purpose of administering or enforcing a provision of the tax law of the applicant State, or any requirement connected therewith, which discriminates against a national of the requested State as compared with a national of the applicant State in the same circumstances;

text: to provide administrative assistance if the applicant State has not pursued all reasonable measures available under its laws or administrative practice, except where recourse to such measures would give rise to disproportionate difficulty;

text: to provide assistance in recovery in those cases where the administrative burden for that State is clearly disproportionate to the benefit to be derived by the applicant State.

text: Except in the case of

text: Article 14

text: , the provisions of this Convention shall not be construed so as to impose on the requested State the obligation:

text: _____ (1) Text amended according to the provisions of the Protocol amending the Convention (CETS No. 208). (2) Article deleted according to the provisions of the Protocol amending the Convention (CETS No. 208). (3) Article amended according to the provisions of the Protocol amending the Convention (CETS No. 208).

text: If information is requested by the applicant State in accordance with this Convention, the requested State shall use its information gathering measures to obtain the requested information, even though the requested State may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations contained in this Convention, but in no case shall such limitations, including in particular those of paragraphs 1 and 2, be construed to permit a requested State to decline to supply information solely because it has no domestic interest in such information.

text: In no case shall the provisions of this Convention, including in particular those of paragraphs 1 and 2, be construed to permit a requested State to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person.

text: Article 21 – Protection of persons and limits to the obligation to provide assistance

text: Any information obtained by a Party under this Convention shall be treated as secret and protected in the same manner as information obtained under the domestic law of that Party and, to the extent needed to ensure the necessary level of protection of personal data, in accordance with the safeguards which may be specified by the supplying Party as required under its domestic law.

text: Such information shall in any case be disclosed only to persons or authorities (including courts and administrative or supervisory bodies) concerned with the assessment, collection or recovery of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, taxes of that Party, or the oversight of the above. Only the persons or authorities mentioned above may use the information and then only for such purposes. They may, notwithstanding the provisions of paragraph 1, disclose it in public court proceedings or in judicial decisions relating to such taxes.

text: If a Party has made a reservation provided for in sub-paragraph a of paragraph 1 of

text: Article 30

text: , any other Party obtaining information from that Party shall not use it for the purpose of a tax in a category subject to the reservation. Similarly, the Party making such a reservation shall not use information obtained under this Convention for the purpose of a tax in a category subject to the reservation.

text: Notwithstanding the provisions of paragraphs 1, 2 and 3, information received by a Party may be used for other purposes when such information may be used for such other purposes under the laws of the supplying Party and the competent authority of that Party authorises such use. Information provided by a Party to another Party may be transmitted by the latter to a third Party, subject to prior authorisation by the competent authority of the first-mentioned Party.

text: _____ (1) Text amended according to the provisions of the Protocol amending the Convention (CETS No. 208).

text: Article 22 – Secrecy

text: Proceedings relating to measures taken under this Convention by the requested State shall be brought only before the appropriate body of that State.

text: Proceedings relating to measures taken under this Convention by the applicant State, in particular those which, in the field of recovery, concern the existence or the amount of the tax claim or the instrument permitting its enforcement, shall be brought only before the appropriate body of that State. If such proceedings are brought, the applicant State shall inform the requested State which shall suspend the procedure pending the decision of the body in question.

text: However, the requested State shall, if asked by the applicant State, take measures of conservancy to safeguard recovery. The requested State can also be informed of such proceedings by any interested person. Upon receipt of such information the requested State shall consult on the matter, if necessary, with the applicant State.

text: As soon as a final decision in the proceedings has been given, the requested State or the applicant State, as the case may be, shall notify the other State of the decision and the implications which it has for the request for assistance.

text: Article 23 – Proceedings

text: Chapter V – Special provisions

text: The Parties shall communicate with each other for the implementation of this Convention through their respective competent authorities. The competent authorities may communicate directly for this purpose and may authorise subordinate authorities to act on their behalf. The competent authorities of two or more Parties may mutually agree on the mode of application of the Convention among themselves.

text: Where the requested State considers that the application of this Convention in a particular case would have serious and undesirable consequences, the competent authorities of the requested and of the applicant State shall consult each other and endeavour to resolve the situation by mutual agreement.

text: A co-ordinating body composed of representatives of the competent authorities of the Parties shall monitor the implementation and development of this Convention, under the aegis of the OECD. To that end, the co-ordinating body shall recommend any action likely to further the general aims of the Convention. In particular it shall act as a forum for the study of new methods and procedures to increase international co-operation in tax matters and, where appropriate, it may recommend revisions or amendments to the Convention. States which have signed but not yet ratified, accepted or approved the Convention are entitled to be represented at the meetings of the co-ordinating body as observers.

text: A Party may ask the co-ordinating body to furnish opinions on the interpretation of the provisions of the Convention.

text: Where difficulties or doubts arise between two or more Parties regarding the implementation or interpretation of the Convention, the competent authorities of those Parties shall endeavour to resolve the matter by mutual agreement. The agreement shall be communicated to the coordinating body.

text: The Secretary General of OECD shall inform the Parties, and the Signatory States which have not yet ratified, accepted or approved the Convention, of opinions furnished by the coordinating body according to the provisions of paragraph 4 above and of mutual agreements reached under paragraph 5 above.

text: Article 24 – Implementation of the Convention

text: Requests for assistance and answers thereto shall be drawn up in one of the official languages of the OECD and of the Council of Europe or in any other language agreed bilaterally between the Contracting States concerned.

text: Article 25 – Language

text: Unless otherwise agreed bilaterally by the Parties concerned:

text: ordinary costs incurred in providing assistance shall be borne by the requested State;

text: extraordinary costs incurred in providing assistance shall be borne by the applicant State.

text: Article 26 – Costs

text: Chapter VI – Final provisions

text: The possibilities of assistance provided by this Convention do not limit, nor are they limited by, those contained in existing or future international agreements or other arrangements between the Parties concerned or other instruments which relate to co-operation in tax matters.

text: Notwithstanding paragraph 1, those Parties which are member States of the European Union can apply, in their mutual relations, the possibilities of assistance provided for by the Convention in so far as they allow a wider co-operation than the possibilities offered by the applicable European Union rules.

text: Article 27 – Other international agreements or arrangements

text: This Convention shall be open for signature by the member States of the Council of Europe and the member countries of OECD. It is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with one of the Depositaries.

text: This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five States have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 1.

text: In respect of any member State of the Council of Europe or any member country of OECD which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval.

text: Any member State of the Council of Europe or any member country of OECD which becomes a Party to the Convention after the entry into force of the Protocol amending this Convention, opened for signature on 27th May 2010 (the “2010 Protocol”), shall be a Party to the Convention as amended by that Protocol, unless they express a different intention in a written communication to one of the Depositaries.

text: _____ (1) Text amended according to the provisions of the Protocol amending the Convention (CETS No. 208). (2) Text added according to the provisions of the Protocol amending the Convention (CETS No. 208).

text: After the entry into force of the 2010 Protocol, any State which is not a member of the Council of Europe or of the OECD may request to be invited to sign and ratify this Convention as amended by the 2010 Protocol. Any request to this effect shall be addressed to one of the Depositaries, who shall transmit it to the Parties. The Depositary shall also inform the Committee of Ministers of the Council of Europe and the OECD Council. The decision to invite States which so request to become Party to this Convention shall be taken by consensus by the Parties to the Convention through the co-ordinating body. In respect of any State ratifying the Convention as amended by the 2010 Protocol in accordance with this paragraph, this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of ratification with one of the Depositaries.

text: The provisions of this Convention, as amended by the 2010 Protocol, shall have effect for administrative assistance related to taxable periods beginning on or after 1 January of the year following the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party, or where there is no taxable period, for administrative assistance related to charges to tax arising on or after 1 January of the year following the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party. Any two or more Parties may mutually agree that the Convention, as amended by the 2010 Protocol, shall have effect for administrative assistance related to earlier taxable periods or charges to tax.

text: Notwithstanding paragraph 6, for tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant Party, the provisions of this Convention, as amended by the 2010 Protocol, shall have effect from the date of entry into force in respect of a Party in relation to earlier taxable periods or charges to tax.

text: Article 28 – Signature and entry into force of the Convention

text: Each State may, at the time of signature, or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this Convention shall apply.

text: Any State may, at any later date, by a declaration addressed to one of the Depositaries, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Depositary.

text: Any declaration made under either of the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to one of the Depositaries. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Depositary.

text: Article 29 – Territorial application of the Convention

text: not to provide any form of assistance in relation to the taxes of other Parties in any of the categories listed in sub-paragraph b of paragraph 1 of

text: Article 2

text: , provided that it has not included any domestic tax in that category under Annex A of the Convention;

text: not to provide assistance in the recovery of any tax claim, or in the recovery of an administrative fine, for all taxes or only for taxes in one or more of the categories listed in paragraph 1 of

text: Article 2

text: not to provide assistance in respect of any tax claim, which is in existence at the date of entry into force of the Convention in respect of that State or, where a reservation has previously been made under sub-paragraph a or b above, at the date of withdrawal of such a reservation in relation to taxes in the category in question;

text: not to provide assistance in the service of documents for all taxes or only for taxes in one or more of the categories listed in paragraph 1 of

text: Article 2

text: not to permit the service of documents through the post as provided for in paragraph 3 of

text: Article 17

text: to apply paragraph 7 of

text: Article 28

text: exclusively for administrative assistance related to taxable periods beginning on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party, or where there is no taxable period, for administrative assistance related to charges to tax arising on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party.

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval or at any later date, declare that it reserves the right:

text: _____ (1) Text added according to the provisions of the Protocol amending the Convention (CETS No. 208).

text: No other reservation may be made.

text: After the entry into force of the Convention in respect of a Party, that Party may make one or more of the reservations listed in paragraph 1 which it did not make at the time of ratification, acceptance or approval. Such reservations shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of the reservation by one of the Depositaries.

text: Any Party which has made a reservation under paragraphs 1 and 3 may wholly or partly withdraw it by means of a notification addressed to one of the Depositaries. The withdrawal shall take effect on the date of receipt of such notification by the Depositary in question.

text: A Party which has made a reservation in respect of a provision of this Convention may not require the application of that provision by any other Party; it may, however, if its reservation is partial, require the application of that provision insofar as it has itself accepted it.

text: Article 30 – Reservations

text: Any Party may, at any time, denounce this Convention by means of a notification addressed to one of the Depositaries.

text: Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Depositary.

text: Any Party which denounces the Convention shall remain bound by the provisions of

text: Article 22

text: for as long as it retains in its possession any documents or information obtained under the Convention.

text: Article 31 – Denunciation

text: any signature;

text: the deposit of any instrument of ratification, acceptance or approval;

text: any date of entry into force of this Convention in accordance with the provisions of

text: Articles 28

text: and 29;

text: any declaration made in pursuance of the provisions of paragraph 3 of

text: Article 4

text: or paragraph 3 of

text: Article 9

text: and the withdrawal of any such declaration;

text: any reservation made in pursuance of the provisions of

text: Article 30

text: and the withdrawal of any reservation effected in pursuance of the provisions of paragraph 4 of

text: Article 30

text: any notification received in pursuance of the provisions of paragraph 3 or 4 of

text: Article 2

text: , paragraph 3 of

text: Article 3

text: Article 29

text: or paragraph 1 of

text: Article 31

text: any other act, notification or communication relating to this Convention.

text: The Depositary with whom an act, notification or communication has been accomplished, shall notify the member States of the Council of Europe and the member countries of OECD and any Party to this Convention of:

text: The Depositary receiving a communication or making a notification in pursuance of the provisions of paragraph 1 shall inform immediately the other Depositary thereof.

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

text: Done at Strasbourg, the 25th day of January 1988, in English and French, both texts being equally authentic, in two copies of which one shall be deposited in the archives of the Council of Europe and the other in the archives of OECD. The Secretaries General of the Council of Europe and of OECD shall transmit certified copies to each member State of the Council of Europe and of the member countries of OECD.

text: Article 32 – Depositaries and their functions


doctype: protocol

identifier: ETS No. 128

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: ETS No. 128

title: Additional Protocol to the European Social Charter

text: European Treaty Series - No. 128

type: stycke

text: Strasbourg, 5.V.1988

text: Preamble

text: The member States of the Council of Europe signatory hereto, Resolved to take new measures to extend the protection of the social and economic rights guaranteed by the European Social Charter, opened for signature in Turin on 18 October 1961 (hereinafter referred to as "the Charter"), Have agreed as follows:

text: Part I

type: rubrik

text: The Parties accept as the aim of their policy to be pursued by all appropriate means, both national and international in character, the attainment of conditions in which the following rights and principles may be effectively realised: 1 All workers have the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex. 2 Workers have the right to be informed and to be consulted within the undertaking. 3 Workers have the right to take part in the determination and improvement of the working conditions and working environment in the undertaking. 4 Every elderly person has the right to social protection.

text: Part II

text: The Parties undertake, as provided for in Part III, to consider themselves bound by the obligations laid down in the following articles:

text: With a view to ensuring the effective exercise of the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex, the Parties undertake to recognise that right and to take appropriate measures to ensure or promote its application in the following fields: – access to employment, protection against dismissal and occupational resettlement;

text: ETS 128 – Social Charter (Additional Protocol), 5.V.1988 __________________________________________________________________________________

text: – vocational guidance, training, retraining and rehabilitation;

text: – terms of employment and working conditions including remuneration;

text: – career development including promotion.

text: Provisions concerning the protection of women, particularly as regards pregnancy, confinement and the post-natal period, shall not be deemed to be discrimination as referred to in paragraph 1 of this article.

text: Paragraph 1 of this article shall not prevent the adoption of specific measures aimed at removing de facto inequalities.

text: Occupational activities which, by reason of their nature or the context in which they are carried out, can be entrusted only to persons of a particular sex may be excluded from the scope of this article or some of its provisions.

text: Article 1 – Right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex

type: artikel

ordinal: a

text: to be informed regularly or at the appropriate time and in a comprehensible way about the economic and financial situation of the undertaking employing them, on the understanding that the disclosure of certain information which could be prejudicial to the undertaking may be refused or subject to confidentiality; and

type: punkt

ordinal: b

text: to be consulted in good time on proposed decisions which could substantially affect the interests of workers, particularly on those decisions which could have an important impact on the employment situation in the undertaking.

text: With a view to ensuring the effective exercise of the right of workers to be informed and consulted within the undertaking, the Parties undertake to adopt or encourage measures enabling workers or their representatives, in accordance with national legislation and practice:

text: The Parties may exclude from the field of application of paragraph 1 of this article, those undertakings employing less than a certain number of workers to be determined by national legislation or practice.

text: Article 2 – Right to information and consultation

text: to the determination and the improvement of the working conditions, work organisation and working environment;

text: to the protection of health and safety within the undertaking;

ordinal: c

text: to the organisation of social and socio-cultural services and facilities within the undertaking;

ordinal: d

text: to the supervision of the observance of regulations on these matters.

text: With a view to ensuring the effective exercise of the right of workers to take part in the determination and improvement of the working conditions and working environment in the undertaking, the Parties undertake to adopt or encourage measures enabling workers or their representatives, in accordance with national legislation and practice, to contribute:

text: Article 3 – Right to take part in the determination and improvement of the working conditions and working environment

text: With a view to ensuring the effective exercise of the right of elderly persons to social protection, the Parties undertake to adopt or encourage, either directly or in co-operation with public or private organisations, appropriate measures designed in particular:

text: adequate resources enabling them to lead a decent life and play an active part in public, social and cultural life;

text: provision of information about services and facilities available for elderly persons and their opportunities to make use of them;

text: to enable elderly persons to remain full members of society for as long as possible, by means of:

text: provision of housing suited to their needs and their state of health or of adequate support for adapting their housing;

text: the health care and the services necessitated by their state;

text: to enable elderly persons to choose their life-style freely and to lead independent lives in their familiar surroundings for as long as they wish and are able, by means of:

text: to guarantee elderly persons living in institutions appropriate support, while respecting their privacy, and participation in decisions concerning living conditions in the institution.

text: Article 4 – Right of elderly persons to social protection

text: Part III

text: to consider Part I of this Protocol as a declaration of the aims which it will pursue by all appropriate means, as stated in the introductory paragraph of that part;

text: to consider itself bound by one or more articles of Part II of this Protocol.

text: Each of the Parties undertakes:

text: The article or articles selected in accordance with sub-paragraph b of paragraph 1 of this article, shall be notified to the Secretary General of the Council of Europe at the time when the instrument of ratification, acceptance or approval of the Contracting State concerned is deposited.

text: Any Party may, at a later date, declare by notification to the Secretary General that it considers itself bound by any articles of Part II of this Protocol which it has not already accepted under the terms of paragraph 1 of this article. Such undertakings subsequently given shall be deemed to be an integral part of the ratification, acceptance or approval, and shall have the same effect as from the thirtieth day after the date of the notification.

text: Article 5 – Undertakings

text: Part IV

text: The Parties shall submit reports on the application of those provisions of Part II of this Protocol which they have accepted in the reports submitted by virtue of Article 21 of the Charter.

text: Article 6 – Supervision of compliance with the undertakings given

text: Part V

text: The relevant provisions of

text: Articles 1

text: to 4 of Part II of this Protocol may be implemented by: a laws or regulations; b agreements between employers or employers' organisations and workers' organisations; c a combination of those two methods; or d other appropriate means. 2 Compliance with the undertakings deriving from

text: Articles 2

text: and 3 of Part II of this Protocol shall be regarded as effective if the provisions are applied, in accordance with paragraph 1 of this article, to the great majority of the workers concerned.

text: Article 7 – Implementation of the undertakings given

text: The provisions of this Protocol shall not prejudice the provisions of the Charter. 2 Articles 22 to 32 and Article 36 of the Charter shall apply, mutatis mutandis, to this Protocol.

text: Article 8 – Relations between the Charter and this Protocol

text: This Protocol shall apply to the metropolitan territory of each Party. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify by declaration addressed to the Secretary General of the Council of Europe, the territory which shall be considered to be its metropolitan territory for this purpose. 2 Any Contracting State may, at the time of ratification, acceptance or approval of this Protocol or at any time thereafter, declare by notification addressed to the Secretary General of the Council of Europe that the Protocol shall extend in whole or in part to a non-metropolitan territory or territories specified in the said declaration for whose international relations it is responsible or for which it assumes international responsibility. It shall specify in the declaration the article or articles of Part II of this Protocol which it accepts as binding in respect of the territories named in the declaration. 3 This Protocol shall enter into force in respect of the territory or territories named in the aforesaid declaration as from the thirtieth day after the date on which the Secretary General shall have notification of such declaration.

text: Any Party may declare at a later date by notification addressed to the Secretary General of the Council of Europe, that, in respect of one or more of the territories to which this Protocol has been extended in accordance with paragraph 2 of this article, it accepts as binding any articles which it has not already accepted in respect of that territory or territories. Such undertakings subsequently given shall be deemed to be an integral part of the original declaration in respect of the territory concerned, and shall have the same effect as from the thirtieth day after the date on which the Secretary General shall have notification of such declaration.

text: Article 9 – Territorial application

text: This Protocol shall be open for signature by member States of the Council of Europe who are signatories to the Charter. It is subject to ratification, acceptance or approval. No member State of the Council of Europe shall ratify, accept or approve this Protocol except at the same time as or after ratification of the Charter. Instruments of ratification, acceptance of approval shall be deposited with the Secretary General of the Council of Europe.

text: This Protocol shall enter into force on the thirtieth day after the date of deposit of the third instrument of ratification, acceptance or approval.

text: In respect of any signatory State ratifying subsequently, this Protocol shall come into force as from the thirtieth day after the date of deposit of its instrument of ratification, acceptance or approval.

text: Article 10 – Signature, ratification, acceptance, approval and entry into force

text: Any Party may denounce this Protocol only at the end of a period of five years from the date on which the Protocol entered into force for it, or at the end of any successive period of two years, and, in each case, after giving six months' notice to the Secretary General of the Council of Europe. Such denunciation shall not affect the validity of the Protocol in respect of the other Parties provided that at all times there are not less than three such Parties.

text: Any Party may, in accordance with the provisions set out in the preceding paragraph, denounce any article of Part II of this Protocol accepted by it, provided that the number of articles by which this Party is bound shall never be less than one.

text: Any Party may denounce this Protocol or any of the articles of Part II of the Protocol, under the conditions specified in paragraph 1 of this article, in respect of any territory to which the Protocol is applicable by virtue of a declaration made in accordance with paragraphs 2 and 4 of

text: Article 9

text: Any Party bound by the Charter and this Protocol which denounces the Charter in accordance with the provisions of paragraph 1 of Article 37 thereof, will be considered to have denounced the Protocol likewise.

text: Article 11 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council and the Director General of the International Labour Office of:

text: any signature;

text: any date of entry into force of this Protocol in accordance with

text: Articles 9

text: and 10;

text: any other act, notification or communication relating to this Protocol.

text: Article 12 – Notifications

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

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol. Done at Strasbourg, this 5th day of May, 1988, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council in Europe shall transmit certified copies to each member State of the Council of Europe.

text: Article 13 – Appendix


doctype: treaty

identifier: ETS No. 129

reference: ETS No. 129

title: Arrangement for the Application of the European Agreement of 17 October 1980 concerning the Provision of Medical Care to Persons during Temporary Residence

text: European Treaty Series - No. 129

text: Arrangement for the application of the European Agreement of 17 October

text: Strasbourg, 26.V.1988

text: The member States of the Council of Europe, Parties to the European Agreement of 17 October 1980 concerning the Provision of Medical Care to Persons during Temporary Residence, signatory hereto, Having regard to Article 20, paragraph 1 of the said Agreement; Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose, inter alia, of facilitating their social progress; Being desirous of introducing in their mutual relations provisions for the application of the Agreement, Have agreed as follows:

text: For the purposes of this Arrangement: a the term "Agreement" means the European Agreement concerning the Provision of Medical Care to Persons during Temporary Residence, opened for signature by any European State in Geneva on 17 October 1980; b the term "Arrangement" means this Arrangement for the application of the Agreement; c the term "Party" means any State party to this Arrangement; d the terms defined in

text: Article 1

text: of the Agreement have the meanings given them in that article.

text: Article 1

text: The competent authorities of the Parties may designate liaison bodies empowered to communicate directly with one another; these bodies may also communicate with the institutions of any Party. 2 Any institution of a Party may approach the institution of another Party either directly, or through the liaison bodies.

text: ETS 129 – Medical Care during Temporary Residence (Arrangement), 26.V.1988 __________________________________________________________________________________

text: The competent authorities, the liaison bodies and the institutions of the Parties shall communicate with one another in their respective official languages or, if the competent authorities of two or more Parties have so agreed, in another language.

text: Article 2

text: Annex 1 names the competent authority or authorities of each Party. 2 Annex 2 names: a the liaison bodies designated by the competent authorities of the Parties pursuant to

text: Article 2

text: , paragraph 1, of this Arrangement; b the Parties whose institutions must be approached through the liaison bodies. 3 Annex 3 names the competent institutions of each Party. 4 Annex 4 names the institutions of the place of temporary residence of each Party. 5 Annex 5 lists the provisions referred to in

text: Article 5

text: , sub-paragraph b, of this Arrangement. 6 Annex 6 contains the certificate referred to in

text: Article 6

text: , paragraph 1, of this Arrangement. 7 Annex 7 names the Parties whose legislation is referred to in

text: Article 6

text: , paragraph 3, of this Arrangement, indicating for each of these Parties the document taking the place of the certificate of entitlement to medical care, as well as the Parties willing to admit this document as proof of entitlement to medical care. 8 Annex 8 lists the agreements concluded between Parties within the framework of

text: Article 6

text: of the Agreement. 9 Annex 9 names the Parties whose competent institutions shall refund costs in accordance with the provisions of

text: Article 9

text: , paragraph 2, of this Arrangement.

text: Article 3

text: Each Contracting State shall forward to the Secretary General of the Council of Europe the information to be included in Annexes 1 to 5, 7, 8 and 9 of this Arrangement at the time either of signature without reservation as to ratification, acceptance or approval or of deposit of the instrument of ratification, acceptance or approval. 2 Each Party shall communicate to the Secretary General of the Council of Europe any change in the information concerning it in Annexes 1 to 5, 7, 8 and 9 of this Arrangement. The Secretary General of the Council of Europe shall notify the other Parties of any communication received in accordance with the previous sub-paragraph. 3 Changes in the information contained in Annexes 5, 7 and 8 of this Arrangement shall be deemed to be approved by all Parties concerned if none of them objects within two months of their notification by the Secretary General. 4 The annexes referred to in

text: Article 3

text: , and any amendments made to these annexes, shall be an integral part of this Arrangement.

text: Article 4

text: In the relations between Parties, this Arrangement shall replace:

text: provisions for the application of such provisions in the conventions on social security as are listed in Annex II of the Agreement;

text: provisions for the application of such provisions in the conventions on social security as are not listed in Annex II of the Agreement, provided these provisions for application are listed in Annex 5 of this Arrangement by mutual agreement between the competent authorities of the Parties concerned.

text: Article 5

text: The certificate referred to in

text: Article 5

text: , paragraph 2, of the Agreement shall be issued by the competent institution at the request of the person concerned. It shall be valid for such maximum duration as it specifies.

text: In order to receive the medical care provided for in

text: Article 4

text: , paragraph 1, of the Agreement, the person concerned shall present the certificate referred to in the preceding paragraph of this article and, where appropriate, submit a copy thereof either to the institution of the place of temporary residence, or directly to the provider of the care at the place of temporary residence, as the case may be.

text: Where the person concerned is resident in the territory or a national of a Party whose legislation is of the kind referred to in

text: Article 5

text: , paragraph 3, of the Agreement, he may present, instead of the certificate referred to in paragraph 1 of this article, his social security card, passport or another identity document recognised as equivalent, within the duration of their validity, provided he is in the territory of another Party willing to admit such document as proof of entitlement to medical care. In such a case, the person concerned shall be required to indicate to the institution of the place of temporary residence his exact permanent address, as well as the name and address of the competent institution by which he is covered.

text: If the person concerned cannot submit at the appropriate time the certificate referred to in paragraph 1 of this article or one of the documents referred to in the preceding paragraph of this article the institution of the place of temporary residence shall without delay ask the competent institution to issue the certificate or to confirm that the person concerned is entitled to medical care under the legislation which the latter institution applies.

text: The benefits referred to in

text: Article 4

text: , paragraph 2, of the Agreement shall include the prosthetic appliances, major aids and other major benefits in kind which have been specified by mutual agreement by the competent authorities of the Parties. In cases of absolute urgency, the institution of the place of temporary residence shall immediately notify the competent institution that these benefits have been provided. This notification shall be accompanied by a detailed account of the reasons for their provision and shall include an estimate of the probable cost. The same information shall be sent in the case of a request for authorisation normally required in respect of the said benefits. In the latter case, the competent institution shall have fifteen days from the day on which such request is sent within which to raise any objection and state the reasons on which such objection is based. If, on the expiry of that period, no such objection has been raised, the institution of the place of temporary residence shall provide the benefits.

text: In the case referred to in

text: Article 4

text: , paragraph 3, of the Agreement, failing an agreement on repatriation, the institution of the place of temporary residence shall inform, if it considers this to be appropriate, the consular authority of the Party in whose territory the person concerned is resident, with a view to making the necessary arrangements for his repatriation.

text: Article 6

text: The reimbursements referred to in

text: Article 6

text: , paragraphs 2 and 3, of the Agreement shall be effected through the competent authorities or the liaison bodies or directly between the institutions concerned, for each half-year if the amount to be refunded is determined on the basis of the proven actual expenditure and for each year if the amount to be refunded is determined on a lump-sum basis. In the latter case, the payment of advances may be agreed between the competent authorities, the liaison bodies or the institutions of the Parties concerned.

text: Article 7

text: The competent authorities of each Party shall prepare leaflets for the purpose of informing the persons concerned of the steps to be taken in accordance with the provisions of

text: Article 6

text: , paragraphs 2 and 3 of this Arrangement in order to receive medical care during temporary residence in the territory of any other Party. In appropriate cases, instructions to this end shall be added to the certificate referred to in

text: Article 6

text: , paragraph 1, of this Arrangement.

text: Article 8

text: If the formalities provided for in

text: Article 6

text: , paragraphs 2 and 3, of this Arrangement could not be complied with during the temporary residence of the person concerned in the territory of a Party other than the competent State, the costs incurred by the person concerned shall be refunded to him, at his request, by the competent institution according to the tariffs of reimbursement applied by the institution of the place of temporary residence. The institution of the place of temporary residence shall furnish the necessary information on these tariffs to the competent institution if it so requires.

text: However, the competent institution may refund costs incurred by the person concerned at its charge according to the tariffs of the legislation that it applies.

text: Article 9

text: The claims, declarations, appeals and other papers submitted to an authority, a liaison body, an institution or other organ of a Party with a view to the application of this Arrangement shall not be rejected on the ground that they are drafted in a foreign language if that language is an official language of another Party.

text: Article 10

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

text: signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

text: This Arrangement shall be open for signature by the member States of the Council of Europe Parties to the Agreement, which may express their consent to be bound by:

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

text: Article 11

text: This Arrangement shall enter into force on the first day of the month following the expiration of a period of one month after the date on which two member States of the Council of Europe have expressed their consent to be bound by the Arrangement in accordance with the provisions of

text: Article 11

text: In respect of any member State which subsequently expresses its consent to be bound by it, the Arrangement shall enter into force on the first day of the month following the expiration of a period of one month after the date of signature or of the deposit of the instrument of ratification, acceptance or approval.

text: Article 12

text: After the entry into force of this Arrangement, the Committee of Ministers of the Council of Europe may invite any State not a member of the Council, Party to the Agreement, to accede to this Arrangement, by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee.

text: In respect of any acceding State, the Arrangement shall enter into force on the first day of the month following the expiration of a period of one month after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

text: Article 13

text: This Arrangement shall remain in force as long as the Agreement.

text: However, any Party may at any time denounce this Arrangement by means of a notification addressed to the Secretary General of the Council of Europe. Such denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General of the Council of Europe.

text: Article 14

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the Contracting States not members of the Council of Europe and the Director General of the International Labour Office of:

text: any signature;

text: the deposit of any instrument of ratification, acceptance, approval or accession;

text: any date of entry into force of this Arrangement in accordance with

text: Articles 12

text: and 13;

text: any notification received in pursuance of the provisions of

text: Article 4

text: , paragraphs 1 and 2;

text: Article 14

text: , paragraph 2, and the date on which the denunciation takes effect;

ordinal: f

text: any other act, notification or communication relating to this Arrangement.

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

text: Done at Strasbourg, this 26th day of May 1988, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the Director General of the International Labour Office and to any State invited to accede to this Arrangement.

text: Article 15

type: internationell-overenskommelse


identifier: ETS No. 130

reference: ETS No. 130

title: Convention on Insider Trading

text: European Treaty Series - No. 130

text: Convention on Insider Trading

text: Strasbourg, 20.IV.1989

text: Preamble

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

text: Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

text: Considering that certain financial transactions in securities traded on stock exchanges are carried out by persons seeking to avoid losses or to make profits by using the privileged information available to them, thus undermining equality of opportunity as between investors and the credibility of the market;

text: Considering that such behaviour is also proving dangerous for the economies of the member States concerned and in particular for the proper functioning of the stock markets;

text: Considering that, because of the internationalisation of markets and the ease of present-day communications, operations of this nature are carried out sometimes on the market of a State by persons not resident in that State or acting through persons not resident there;

text: Considering that efforts to counter such practices which are already being made on the domestic level in many member States make it essential to set up specific machinery to deal with these situations and co-ordinate endeavours at international level,

text: Have agreed as follows:

text: Chapter I – Definitions

text: who is the president or chairman, or a member of a board of directors or other administrative or supervisory organ, or is the authorised agent or in the employment of an issuer of securities, and has effected or caused to be effected an operation on an organised stock market knowingly using information not yet disclosed to the public, the possession of which he obtained by reason of his occupation and the disclosure of which was likely to have a significant influence on the stock market, with a view to securing an advantage for himself or a third party;

text: who has entered into the transactions described above knowingly using not yet disclosed information which he obtained in the performance of his duties or in the course of his occupation;

text: who has entered into the transactions described above knowingly using not yet disclosed information communicated to him by one of the persons mentioned in a or b above.

text: For the purposes of this Convention an irregular operation of insider trading means an irregular operation carried out by a person:

text: _____ (*) Text amended according to the provisions of Protocol (ETS No. 133), which entered into force on 1 October 1991. The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community entered into force on 1 December 2009. As a consequence, as from that date, any reference to the European Economic Community shall be read as the European Union.

text: ETS 130 – insider Trading, 20.IV.1989 __________________________________________________________________________________

text: the expression "organised stock market" signifies stock markets subject to regulations established by authorities recognised by the government for this purpose;

text: the term "stock" signifies transferable securities issued according to the national legislation of each Party by business firms or companies or other issuers, where such securities may be bought and sold on a market organised in accordance with the provisions of paragraph a above, as well as other transferable securities admitted on that market in conformity with the national rules applicable to it;

text: the expression "operation" signifies any act on an organised stock market which gives or may give entitlement to stock as provided for in paragraph b above.

text: For the purposes of applying this Convention:

text: Article 1

text: Chapter II – Exchange of information

text: The Parties undertake, in accordance with the provisions of this chapter, to provide each other with the greatest possible measure of mutual assistance in the exchange of information relating to matters establishing or giving rise to the belief that irregular operations of insider trading have been carried out.

text: Article 2

text: Each Party may, by a declaration to the Secretary General of the Council of Europe, undertake to provide other Parties, subject to reciprocity, with the greatest possible measure of mutual assistance in the exchange of information necessary for the surveillance of operations carried out in the organised stock markets which could adversely affect equal access to information for all users of the stock market or the quality of the information supplied to investors in order to ensure honest dealing.

text: Article 3

text: Each Party shall designate one or more authorities actually responsible for submitting any request for assistance, and for receiving and taking action on requests for assistance from the corresponding authorities designated by each Party.

text: Each Party shall, in a declaration addressed to the Secretary General of the Council of Europe, indicate the name and address of the authority or authorities designated in accordance with the provisions of this article and any modification thereto.

text: The Secretary General shall notify these declarations to the other Parties.

text: Article 4

text: Reasons shall be given for making a request for assistance. 2 The request shall contain a description of the facts establishing or giving rise to the belief that irregular operations of insider trading have been carried out or, if assistance is requested according to the rules laid down by Parties under

text: Article 3

text: , reference to the principles mentioned in that article which have been violated. 3 The request shall contain reference to the provisions by virtue of which the operations are irregular in the State of the requesting authority. 4 The request shall be in or translated into one of the official languages of the State of the requested authority, or in one of the official languages of the Council of Europe. 5 The request shall specify: a the requesting authority and the requested authority; b the information sought by the requesting authority, the persons or bodies which may be in possession of it, or the place where it may be available; c the reasons for and the purpose of the requesting authority's application, and the use it will make of the information under its national law; and d how soon a response is required and, in cases of urgency, the reasons therefor.

text: Article 5

text: The execution of requests for assistance by the requested authority is carried out in accordance with the rules and procedures laid down by the law of the Party in which that authority operates. 2 When the search for information so requires, and in the absence of specific provisions, the rules laid down by national law for obtaining evidence shall be capable of being applied by the requested authority or on its behalf. Sanctions laid down for breaches of professional secrecy shall not apply in regard to the information provided compulsorily in the course of enquiries. 3 These provisions shall not prejudice the rights accorded to the defendant by national law. 4 Save to the extent strictly necessary to carry out the request, the requested authority and the persons seeking the information requested are bound to maintain secrecy about the request, the component parts of the request and the information so gathered. 5 However, at the time of the designation of the authority, provided for by

text: Article 4

text: , each Party shall declare the derogations to the principle set forth in paragraph 4 of this article possibly imposed or permitted by national law: – either to guarantee free access of citizens to the files of the administration; – or when the designated authority is obliged to denounce to other administrative or judicial authorities information communicated or gathered within the framework of the request;

text: – or, provided the requesting authority has been informed, to investigate violations of the law of the requested Party or to secure compliance with such law.

text: Article 6

text: The requesting authority may not use the information supplied for purposes other than those set out in its request. 2 The requested authority may refuse to supply the requested information or subsequently oppose its use for purposes set out in the request or fix certain conditions unless: a the facts are within the scope of

text: Article 1

text: and b the purposes set out are in conformity with the aims defined in

text: Article 2

text: and c the facts constitute in each State an irregularity as regards the rules of both States. 3 When the requesting authority wishes to use the information supplied for purposes other than those set out in the initial request it must inform in advance the requested authority who may refuse to consent to such use unless the conditions in paragraph 2 above are fulfilled. 4 The information supplied may be used before a criminal court only in cases where it could have been obtained by application of Chapter III. 5 No authority of the requesting Party may use or transmit this information for tax, customs or currency purposes unless otherwise provided in a declaration by the requested Party.

text: Article 7

text: The requested authority may refuse to give effect to the request for assistance or to supply the information obtained, if: a the request is not in conformity with this Convention; b the communication of the information obtained might constitute an infringement of the sovereignty, security, essential interests or public policy (ordre public) of the requested Party; c the irregularities to which the requested information relates or the sanctions provided for such irregularities are time-barred under the law of the requesting or of the requested Party; d the requested information relates to matters which arose before the Convention entered into force for the requesting or the requested Party; e proceedings have already been commenced before the authorities in the requested Party in respect of the same matters and against the same persons, or if they have been finally adjudicated upon in respect of the same matters by the competent authorities of the requested Party; f the authorities of the requested Party have decided not to commence proceedings or to stop proceedings in respect of the same matters.

text: Article 8

text: The requested authority shall, in so far as it is able to do so, supply the information requested by the requesting authority in the form desired by that authority or in the form currently in use between them.

text: Article 9

text: Any Party which has ascertained that there has been a substantial breach by the requesting authority of the confidentiality of the information provided may suspend the application of Chapter II of this Convention with respect to the Party which has failed to discharge its obligation and shall notify the Secretary General of the Council of Europe of its decision. The Party may lift the suspension at any time and shall notify the Secretary General accordingly.

text: Any Party which intends to make use of the procedure provided for in paragraph 1 must first give an opportunity to the Party concerned to make observations on the alleged breach of confidentiality.

text: The Secretary General of the Council of Europe shall inform the member States and the Parties to this Convention of any use made of the procedure provided for in paragraph 1.

text: Article 10

text: Parties may agree that, notwithstanding the provisions of paragraph 4 of

text: Article 5

text: , requests for assistance and replies thereto may be drawn up in the language of their choice and made according to simplified procedures or by employing means of communication other than the exchange of written correspondence.

text: Article 11

text: Chapter III – Mutual assistance in criminal matters

text: The Parties undertake to afford each other the widest measure of mutual assistance in criminal matters relating to offences involving insider trading.

text: Nothing in this Convention shall be construed as restricting or prejudicing the application of the European Convention on Mutual Assistance in Criminal Matters and the Additional Protocol thereto among States party to these instruments or of specific agreements or arrangements on mutual assistance in criminal matters in force between Parties.

text: Article 12

text: Chapter IV – Final provisions

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

text: Article 13

text: This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three member States of the Council of Europe have expressed their consent to be bound by the Convention in accordance with the provisions of

text: Article 13

text: In respect of any member State which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval.

text: Article 14

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any State not a member of the Council of Europe or any international intergovernmental organisation to accede to this Convention, by a decision taken by the majority provided for in

text: Article 20

text: .d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee.

text: In respect of any acceding State or international intergovernmental organisation, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

text: Article 15

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

text: Any State may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

text: Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

text: Article 16bis

text: In their mutual relations, Parties which are members of the European Economic Community shall apply Community rules and shall therefore not apply the rules arising from this Convention except in so far as there is no Community rule governing the particular subject concerned.

text: Article 16

text: Without prejudice to the application of

text: Article 6

text: , no reservation may be made to the Convention.

text: _____ (1) Article added according to the provisions of the Protocol (ETS No. 133).

text: Article 17

text: After the entry into force of the present Convention, a group of experts representing the Parties to the Convention and the member States of the Council of Europe not being Parties to the Convention shall be convened at the request of at least two Parties or on the initiative of the Secretary General of the Council of Europe.

text: This group shall have the task of preparing an evaluation of the application of the Convention and making appropriate suggestions.

text: Article 18

text: Difficulties with regard to the interpretation and application of this Convention shall be settled by direct consultation between the competent administrative authorities and, if the need arises, through diplomatic channels.

text: Article 19

text: Any Party may at any time denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

text: Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General; denunciation shall not prejudice requests already in progress at the time of denunciation.

text: Article 20

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe and any Party to this Convention of:

text: any signature;

text: any date of entry into force of this Convention in accordance with

text: Articles 14

text: , 15 and 16;

text: any other act, notification or communication relating to this Convention.

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

text: Done at Strasbourg, the 20th April 1989 in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State and any international intergovernmental organisation invited to accede to this Convention.

text: Article 21

title: Convention on Insider Trading


identifier: ETS No. 131

reference: ETS No. 131

title: Third Additional Protocol to the Protocol to the European Agreement on the Protection of Television Broadcasts

text: European Treaty Series - No. 131

text: Strasbourg, 20.IV.1989

text: Preamble

text: The member States of the Council of Europe, signatories hereto, Having regard to the European Agreement on the Protection of Television Broadcasts of 22 June 1960, hereinafter called "the Agreement", as modified by the Protocol of 22 January 1965 and the Additional Protocols of 14 January 1974 and of 21 March 1983; Having regard to the fact that the date given in Article 13, paragraph 2, of the Agreement was extended by the said Additional Protocols of 14 January 1974 and of 21 March 1983; Considering the desirability of further extending this date for the benefit of States which are not yet Parties to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, signed in Rome on 26 October 1961, Have agreed as follows:

text: Paragraph 2 of

text: Article 3

text: of the Protocol to the Agreement and, consequently, paragraph 2 of Article 13 of the Agreement are replaced by the following text: "2 Nevertheless, as from 1 January 1995, no State may remain or become a Party to this Agreement unless it is also a Party to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, signed in Rome on 26 October 1961."

text: Article 1

text: This Additional Protocol shall be open for signature by the member States of the Council of Europe which have signed or acceded to the Agreement, which may become Parties to this Additional Protocol by: a signature without reservation as to ratification, acceptance or approval, or b signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval. 2 No member State of the Council of Europe shall sign without reservation as to ratification, acceptance or approval, or deposit an instrument of ratification, acceptance or approval, unless it is already or becomes simultaneously a Party to the Agreement.

text: ETS 131 – Television Broadcasts (Third Protocol), 20.IV.1989 __________________________________________________________________________________

text: Any State, not a member of the Council of Europe, which has acceded to the Agreement may also accede to this Additional Protocol. 4 Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary General of the Council of Europe.

text: Article 2

text: This Additional Protocol shall enter into force on the first day of the month following the date on which all the Parties to the Agreement have expressed their consent to be bound by this Additional Protocol in accordance with the provisions of

text: Article 2

text: Article 3

text: From the date of entry into force of this Additional Protocol, no State may become a Party to the Agreement without at the same time becoming a Party to this Additional Protocol.

text: Article 4

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any State having acceded to the Agreement and the Director General of the World Intellectual Property Organisation of: a any signature of this Additional Protocol; b the deposit of any instrument of ratification, acceptance, approval or accession; c the date of entry into force of this Additional Protocol in accordance with

text: Article 3

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Additional Protocol. Done at Strasbourg, the 20th April 1989 in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to any State invited to accede to the Agreement and to the Director General of the World Intellectual Property Organisation.

text: Article 5