identifier: ETS No. 165

openingPlace: Lisbon

reference: ETS No. 165

title: Convention on the Recognition of Qualifications concerning Higher Education in the European Region

text: European Treaty Series - No. 165

text: Convention on the Recognition of Qualifications concerning Higher Education

text: in the European Region

text: Lisbon, 11.IV.1997

text: Preamble

text: The Parties to this Convention,

text: Conscious of the fact that the right to education is a human right, and that higher education, which is instrumental in the pursuit and advancement of knowledge, constitutes an exceptionally rich cultural and scientific asset for both individuals and society;

text: Considering that higher education should play a vital role in promoting peace, mutual understanding and tolerance, and in creating mutual confidence among peoples and nations;

text: Considering that the great diversity of education systems in the European region reflects its cultural, social, political, philosophical, religious and economic diversity, an exceptional asset which should be fully respected;

text: Desiring to enable all people of the region to benefit fully from this rich asset of diversity by facilitating access by the inhabitants of each State and by the students of each Party's educational institutions to the educational resources of the other Parties, more specifically by facilitating their efforts to continue their education or to complete a period of studies in higher education institutions in those other Parties;

text: Considering that the recognition of studies, certificates, diplomas and degrees obtained in another country of the European region represents an important measure for promoting academic mobility between the Parties;

text: Attaching great importance to the principle of institutional autonomy, and conscious of the need to uphold and protect this principle;

text: Convinced that a fair recognition of qualifications is a key element of the right to education and a responsibility of society;

text: Having regard to the Council of Europe and Unesco Conventions covering academic recognition in Europe:

text: – European Convention on the Equivalence of Diplomas leading to Admission to Universities (1953, ETS No. 15), and its Protocol (1964, ETS No. 49);

text: _____ (*) 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 165 – Recognition of Higher Education Qualifications in the European Region, 11.IV.1997 __________________________________________________________________________________

text: – European Convention on the Equivalence of Periods of University Study (1956, ETS No. 21);

text: – European Convention on the Academic Recognition of University Qualifications (1959, ETS No. 32);

text: – Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region (1979);

text: – European Convention on the General Equivalence of Periods of University Study (1990, ETS No. 138);

text: Having regard also to the International Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab and European States bordering on the Mediterranean (1976), adopted within the framework of Unesco and partially covering academic recognition in Europe;

text: Mindful that this Convention should also be considered in the context of the Unesco conventions and the international recommendation covering other Regions of the world, and of the need for an improved exchange of information between these Regions;

text: Conscious of the wide ranging changes in higher education in the European region since these conventions were adopted, resulting in considerably increased diversification within and between national higher education systems, and of the need to adapt the legal instruments and practice to reflect these developments;

text: Conscious of the need to find common solutions to practical recognition problems in the European region;

text: Conscious of the need to improve current recognition practice and to make it more transparent and better adapted to the current situation of higher education in the European region;

text: Confident of the positive significance of a convention elaborated and adopted under the joint auspices of the Council of Europe and Unesco providing a framework for the further development of recognition practices in the European region;

text: Conscious of the importance of providing permanent implementation mechanisms in order to put the principles and provisions of the current Convention into practice,

text: Have agreed as follows:

text: Section I – Definitions

text: For the purposes of this Convention, the following terms shall have the following meaning:

text: Access (to higher education)

text: The right of qualified candidates to apply and to be considered for admission to higher education.

text: Admission (to higher education institutions and programmes)

text: The act of, or system for, allowing qualified applicants to pursue studies in higher education at a given institution and/or a given programme.

text: Assessment (of institutions or programmes)

text: The process for establishing the educational quality of a higher education institution or programme.

text: Assessment (of individual qualifications)

text: The written appraisal or evaluation of an individual's foreign qualifications by a competent body.

text: Competent recognition authority

text: A body officially charged with making binding decisions on the recognition of foreign qualifications.

text: Higher education

text: All types of courses of study, or sets of courses of study, training or training for research at the post secondary level which are recognised by the relevant authorities of a Party as belonging to its higher education system.

text: Higher education institution

text: An establishment providing higher education and recognised by the competent authority of a Party as belonging to its system of higher education.

text: Higher education programme

text: A course of study recognised by the competent authority of a Party as belonging to its system of higher education, and the completion of which provides the student with a higher education qualification.

text: Period of study

text: Any component of a higher education programme which has been evaluated and documented and, while not a complete programme of study in itself, represents a significant acquisition of knowledge or skill.

text: Qualification

text: A. Higher education qualification

text: Any degree, diploma or other certificate issued by a competent authority attesting the successful completion of a higher education programme.

text: B. Qualification giving access to higher education

text: Any diploma or other certificate issued by a competent authority attesting the successful completion of an education programme and giving the holder of the qualification the right to be considered for admission to higher education (cf. the definition of access).

text: Recognition

text: A formal acknowledgement by a competent authority of the value of a foreign educational qualification with a view to access to educational and/or employment activities.

text: Requirement

text: A. General requirements

text: Conditions that must in all cases be fulfilled for access to higher education, or to a given level thereof, or for the award of a higher education qualification at a given level.

text: B. Specific requirements

text: Conditions that must be fulfilled, in addition to the general requirements, in order to gain admission to a particular higher education programme, or for the award of a specific higher education qualification in a particular field of study.

ordinal: I

text: Article I

text: Section II – The competence of authorities

text: Where central authorities of a Party are competent to make decisions in recognition cases, that Party shall be immediately bound by the provisions of this Convention and shall take the necessary measures to ensure the implementation of its provisions on its territory.

text: Where the competence to make decisions in recognition matters lies with components of the Party, the Party shall furnish one of the depositories with a brief statement of its constitutional situation or structure at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or any time thereafter. In such cases, the competent authorities of the components of the Parties so designated shall take the necessary measures to ensure implementation of the provisions of this Convention on their territory.

text: Where the competence to make decisions in recognition matters lies with individual higher education institutions or other entities, each Party according to its constitutional situation or structure shall transmit the text of this Convention to these institutions or entities and shall take all possible steps to encourage the favourable consideration and application of its provisions.

text: The provisions of paragraphs 1 and 2 of this article shall apply, mutatis mutandis, to the obligations of the Parties under subsequent articles of this Convention.

text: Article II.1

text: At the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any time thereafter, each State, the Holy See or the European Community shall inform either depository of the present Convention of the authorities which are competent to make different categories of decisions in recognition cases.

text: Article II.2

text: Nothing in this Convention shall be deemed to derogate from any more favourable provisions concerning the recognition of qualifications issued in one of the Parties contained in or stemming from an existing or a future treaty to which a Party to this Convention may be or may become a party.

text: Article II.3

text: Section III – Basic principles related to the assessment of qualifications

text: Holders of qualifications issued in one of the Parties shall have adequate access, upon request to the appropriate body, to an assessment of these qualifications.

text: No discrimination shall be made in this respect on any ground such as the applicant's gender, race, colour, disability, language, religion, political or other opinion, national, ethnic or social origin, association with a national minority, property, birth or other status, or on the grounds of any other circumstance not related to the merits of the qualification for which recognition is sought. In order to assure this right, each Party undertakes to make appropriate arrangements for the assessment of an application for recognition of qualifications solely on the basis of the knowledge and skills achieved.

text: Article III.1

text: Each Party shall ensure that the procedures and criteria used in the assessment and recognition of qualifications are transparent, coherent and reliable.

text: Article III.2

text: Decisions on recognition shall be made on the basis of appropriate information on the qualifications for which recognition is sought.

text: In the first instance, the responsibility for providing adequate information rests with the applicant, who shall provide such information in good faith.

text: Notwithstanding the responsibility of the applicant, the institutions having issued the qualifications in question shall have a duty to provide, upon request of the applicant and within reasonable limits, relevant information to the holder of the qualification, to the institution, or to the competent authorities of the country in which recognition is sought.

text: The Parties shall instruct or encourage, as appropriate, all education institutions belonging to their education systems to comply with any reasonable request for information for the purpose of assessing qualifications earned at the said institutions.

text: The responsibility to demonstrate that an application does not fulfil the relevant requirements lies with the body undertaking the assessment.

text: Article III.3

text: Each Party shall ensure, in order to facilitate the recognition of qualifications, that adequate and clear information on its education system is provided.

text: Article III.4

text: Decisions on recognition shall be made within a reasonable time limit specified beforehand by the competent recognition authority and calculated from the time all necessary information in the case has been provided. If recognition is withheld, the reasons for the refusal to grant recognition shall be stated, and information shall be given concerning possible measures the applicant may take in order to obtain recognition at a later stage. If recognition is withheld, or if no decision is taken, the applicant shall be able to make an appeal within a reasonable time limit.

text: Article III.5

text: Section IV – Recognition of qualifications giving access to higher education

text: Each Party shall recognise the qualifications issued by other Parties meeting the general requirements for access to higher education in those Parties for the purpose of access to programmes belonging to its higher education system, unless a substantial difference can be shown between the general requirements for access in the Party in which the qualification was obtained and in the Party in which recognition of the qualification is sought.

text: Article IV.1

text: Alternatively, it shall be sufficient for a Party to enable the holder of a qualification issued in one of the other Parties to obtain an assessment of that qualification, upon request by the holder, and the provisions of

text: Article IV.1

text: shall apply mutatis mutandis to such a case.

text: Article IV.2

text: Where a qualification gives access only to specific types of institutions or programmes of higher education in the Party in which the qualification was obtained, each other Party shall grant holders of such qualifications access to similar specific programmes in institutions belonging to its higher education system, unless a substantial difference can be demonstrated between the requirements for access in the Party in which the qualification was obtained and the Party in which recognition of the qualification is sought.

text: Article IV.3

text: Where admission to particular higher education programmes is dependent on the fulfilment of specific requirements in addition to the general requirements for access, the competent authorities of the Party concerned may impose the additional requirements equally on holders of qualifications obtained in the other Parties or assess whether applicants with qualifications obtained in other Parties fulfil equivalent requirements.

text: Article IV.4

text: Where, in the Party in which they have been obtained, school leaving certificates give access to higher education only in combination with additional qualifying examinations as a prerequisite for access, the other Parties may make access conditional on these requirements or offer an alternative for satisfying such additional requirements within their own educational systems. Any State, the Holy See or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any time thereafter, notify one of the depositories that it avails itself of the provisions of this Article, specifying the Parties in regard to which it intends to apply this Article as well as the reasons therefor.

text: Article IV.5

text: Without prejudice to the provisions of

text: Articles IV.1

text: , IV.2, IV.3, IV.4 and IV.5, admission to a given higher education institution, or to a given programme within such an institution, may be restricted or selective. In cases in which admission to a higher education institution and/or programme is selective, admission procedures should be designed with a view to ensuring that the assessment of foreign qualifications is carried out according to the principles of fairness and non-discrimination described in Section III.

text: Article IV.6

text: Without prejudice to the provisions of

text: Articles IV.1

text: , IV.2, IV.3, IV.4 and IV.5, admission to a given higher education institution may be made conditional on demonstration by the applicant of sufficient competence in the language or languages of instruction of the institution concerned, or in other specified languages.

text: Article IV.7

text: In the Parties in which access to higher education may be obtained on the basis of nontraditional qualifications, similar qualifications obtained in other Parties shall be assessed in a similar manner as non-traditional qualifications earned in the Party in which recognition is sought.

text: Article IV.8

text: For the purpose of admission to programmes of higher education, each Party may make the recognition of qualifications issued by foreign educational institutions operating in its territory contingent upon specific requirements of national legislation or specific agreements concluded with the Party of origin of such institutions.

text: Article IV.9

text: Section V – Recognition of periods of study

text: Each Party shall recognise periods of study completed within the framework of a higher education programme in another Party. This recognition shall comprise such periods of study towards the completion of a higher education programme in the Party in which recognition is sought, unless substantial differences can be shown between the periods of study completed in another Party and the part of the higher education programme which they would replace in the Party in which recognition is sought.

text: Article V.1

text: Alternatively, it shall be sufficient for a Party to enable a person who has completed a period of study within the framework of a higher education programme in another Party to obtain an assessment of that period of study, upon request by the person concerned, and the provisions of

text: Article V.1

text: Article V.2

text: In particular, each Party shall facilitate recognition of periods of study when:

text: there has been a previous agreement between, on the one hand, the higher education institution or the competent authority responsible for the relevant period of study and, on the other hand, the higher education institution or the competent recognition authority responsible for the recognition that is sought; and

text: the higher education institution in which the period of study has been completed has issued a certificate or transcript of academic records attesting that the student has successfully completed the stipulated requirements for the said period of study.

text: Article V.3

text: Section VI – Recognition of higher education qualifications

text: To the extent that a recognition decision is based on the knowledge and skills certified by the higher education qualification, each Party shall recognise the higher education qualifications conferred in another Party, unless a substantial difference can be shown between the qualification for which recognition is sought and the corresponding qualification in the Party in which recognition is sought.

text: Article VI.1

text: Alternatively, it shall be sufficient for a Party to enable the holder of a higher education qualification issued in one of the other Parties to obtain an assessment of that qualification, upon request by the holder, and the provisions of

text: Article VI.1

text: Article VI.2

text: Recognition in a Party of a higher education qualification issued in another Party shall have one or both of the following consequences: a access to further higher education studies, including relevant examinations, and/or to preparations for the doctorate, on the same conditions as those applicable to holders of qualifications of the Party in which recognition is sought; b the use of an academic title, subject to the laws and regulations of the Party or a jurisdiction thereof, in which recognition is sought. In addition, recognition may facilitate access to the labour market subject to laws and regulations of the Party, or a jurisdiction thereof, in which recognition is sought.

text: Article VI.3

text: An assessment in a Party of a higher education qualification issued in another Party may take the form of: a advice for general employment purposes; b advice to an educational institution for the purpose of admission into its programmes; c advice to any other competent recognition authority.

text: Article VI.4

text: Each Party may make the recognition of higher education qualifications issued by foreign educational institutions operating in its territory contingent upon specific requirements of national legislation or specific agreements concluded with the Party of origin of such institutions.

text: Article VI.5

text: Section VII – Recognition of qualifications held by refugees, displaced persons and persons in a refugee-like situation

text: Each Party shall take all feasible and reasonable steps within the framework of its education system and in conformity with its constitutional, legal, and regulatory provisions to develop procedures designed to assess fairly and expeditiously whether refugees, displaced persons and persons in a refugee-like situation fulfil the relevant requirements for access to higher education, to further higher education programmes or to employment activities, even in cases in which the qualifications obtained in one of the Parties cannot be proven through documentary evidence.

text: Article VII

text: Section VIII – Information on the assessment of higher education institutions and programmes

text: Each Party shall provide adequate information on any institution belonging to its higher education system, and on any programme operated by these institutions, with a view to enabling the competent authorities of other Parties to ascertain whether the quality of the qualifications issued by these institutions justifies recognition in the Party in which recognition is sought. Such information shall take the following form:

text: in the case of Parties having established a system of formal assessment of higher education institutions and programmes: information on the methods and results of this assessment, and of the standards of quality specific to each type of higher education institution granting, and to programmes leading to, higher education qualifications;

text: in the case of Parties which have not established a system of formal assessment of higher education institutions and programmes: information on the recognition of the various qualifications obtained at any higher education institution, or within any higher education programme, belonging to their higher education systems.

text: Article VIII.1

text: Each Party shall make adequate provisions for the development, maintenance and provision of:

text: an overview of the different types of higher education institutions belonging to its higher education system, with the typical characteristics of each type of institution;

text: a list of recognised institutions (public and private) belonging to its higher education system, indicating their powers to award different types of qualifications and the requirements for gaining access to each type of institution and programme;

text: a description of higher education programmes;

text: a list of educational institutions located outside its territory which the Party considers as belonging to its education system.

text: Article VIII.2

text: Section IX – Information on recognition matters

text: In order to facilitate the recognition of qualifications concerning higher education, the Parties undertake to establish transparent systems for the complete description of the qualifications obtained.

text: Article IX.1

text: Acknowledging the need for relevant, accurate and up-to-date information, each Party shall establish or maintain a national information centre and shall notify one of the depositories of its establishment, or of any changes affecting it. 2 In each Party, the national information centre shall: a facilitate access to authoritative and accurate information on the higher education system and qualifications of the country in which it is located; b facilitate access to information on the higher education systems and qualifications of the other Parties; c give advice or information on recognition matters and assessment of qualifications, in accordance with national laws and regulations. 3 Every national information centre shall have at its disposal the necessary means to enable it to fulfil its functions.

text: Article IX.2

text: The Parties shall promote, through the national information centres or otherwise, the use of the Unesco/Council of Europe Diploma Supplement or any other comparable document by the higher education institutions of the Parties.

text: Article IX.3

text: Section X – Implementation mechanisms

text: The following bodies shall oversee, promote and facilitate the implementation of the Convention: a the Committee of the Convention on the Recognition of Qualifications concerning Higher Education in the European Region; b the European Network of National Information Centres on academic mobility and recognition (the ENIC Network), established by decision of the Committee of Ministers of the Council of Europe on 9 June 1994 and the Unesco Regional Committee for Europe on 18 June 1994.

text: Article X.1

text: The Committee of the Convention on the Recognition of Qualifications concerning Higher Education in the European Region (hereafter referred to as "the Committee") is hereby established. It shall be composed of one representative of each Party. 2 For the purposes of

text: Article X.2

text: , the term "Party" shall not apply to the European Community.

text: The States mentioned in

text: Article XI.1

text: .1 and the Holy See, if they are not Parties to this Convention, the European Community and the President of the ENIC Network may participate in the meetings of the Committee as observers. Representatives of governmental and nongovernmental organisations active in the field of recognition in the Region may also be invited to attend meetings of the Committee as observers.

text: The President of the Unesco Regional Committee for the Application of the Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region shall also be invited to participate in the meetings of the Committee as an observer.

text: The Committee shall promote the application of this Convention and shall oversee its implementation. To this end it may adopt, by a majority of the Parties, recommendations, declarations, protocols and models of good practice to guide the competent authorities of the Parties in their implementation of the Convention and in their consideration of applications for the recognition of higher education qualifications. While they shall not be bound by such texts, the Parties shall use their best endeavours to apply them, to bring the texts to the attention of the competent authorities and to encourage their application. The Committee shall seek the opinion of the ENIC Network before making its decisions.

text: The Committee shall report to the relevant bodies of the Council of Europe and Unesco.

text: The Committee shall maintain links to the Unesco Regional Committees for the Application of Conventions on the Recognition of Studies, Diplomas and Degrees in Higher Education adopted under the auspices of Unesco.

text: A majority of the Parties shall constitute a quorum.

text: The Committee shall adopt its Rules of Procedure. It shall meet in ordinary session at least every three years. The Committee shall meet for the first time within a year of the entry into force of this Convention.

text: The Secretariat of the Committee shall be entrusted jointly to the Secretary General of the Council of Europe and to the Director-General of Unesco.

text: Article X.2

text: Each Party shall appoint as a member of the European Network of National Information Centres on academic mobility and recognition (the ENIC Network) the national information centre established or maintained under

text: Article IX.2

text: . In cases in which more than one national information centre is established or maintained in a Party under

text: Article IX.2

text: , all these shall be members of the Network, but the national information centres concerned shall dispose of only one vote.

text: The ENIC Network shall, in its composition restricted to national information centres of the Parties to this Convention, uphold and assist the practical implementation of the Convention by the competent national authorities. The Network shall meet at least once a year in plenary session. It shall elect its President and Bureau in accordance with its terms of reference.

text: The Secretariat of the ENIC Network shall be entrusted jointly to the Secretary General of the Council of Europe and to the Director-General of Unesco.

text: The Parties shall co-operate, through the ENIC Network, with the national information centres of other Parties, especially by enabling them to collect all information of use to the national information centres in their activities relating to academic recognition and mobility.

text: Article X.3

text: Section XI – Final clauses

text: the member States of the Council of Europe;

text: the member States of the Unesco Europe Region;

text: any other signatory, contracting State or Party to the European Cultural Convention of the Council of Europe and/or to the Unesco Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region,

text: This Convention shall be open for signature by:

text: which have been invited to the diplomatic conference entrusted with the adoption of this Convention.

text: signature without reservation as to ratification, acceptance or approval; or

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

text: accession.

text: These States and the Holy See may express their consent to be bound by:

text: Signatures shall be made with one of the depositories. Instruments of ratification, acceptance, approval or accession shall be deposited with one of the depositories.

text: Article XI.1

text: This Convention shall enter into force on the first day of the month following the expiration of the period of one month after five States, including at least three member States of the Council of Europe and/or the Unesco Europe Region, have expressed their consent to be bound by the Convention. It shall enter into force for each other State on the first day of the month following the expiration of the period of one month after the date of expression of its consent to be bound by the Convention.

text: Article XI.2

text: After the entry into force of this Convention, any State other than those falling into one of the categories listed under

text: Article XI.1

text: may request accession to this Convention. Any request to this effect shall be addressed to one of the depositories, who shall transmit it to the Parties at least three months before the meeting of the Committee of the Convention on the Recognition of Qualifications concerning Higher Education in the European Region. The depository shall also inform the Committee of Ministers of the Council of Europe and the Executive Board of Unesco.

text: The decision to invite a State which so requests to accede to this Convention shall be taken by a two-thirds majority of the Parties.

text: After the entry into force of this Convention the European Community may accede to it following a request by its member States, which shall be addressed to one of the depositories. In this case,

text: Article XI.3

text: .2 shall not apply.

text: In respect of any acceding States or the European Community, the Convention shall enter into force on the first day of the month following the expiration of the period of one month after the deposit of the instrument of accession with one of the depositories.

text: Article XI.3

text: shall apply the provisions of the present Convention in their mutual relations;

text: shall continue to apply the above mentioned conventions to which they are a party in their relations with other States party to those conventions but not to the present Convention.

text: Parties to this Convention which are at the same time parties to one or more of the following conventions:

text: – European Convention on the Equivalence of Diplomas leading to Admission to Universities (1953, ETS No. 15), and its Protocol (1964, CETS No. 49);

text: – International Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab and European States bordering on the Mediterranean (1976);

text: – European Convention on the General Equivalence of Periods of University Study (1990, ETS No. 138),

text: The Parties to this Convention undertake to abstain from becoming a party to any of the conventions mentioned in paragraph 1, to which they are not already a party, with the exception of the International Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab and European States bordering on the Mediterranean.

text: Article XI.4

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 one of the depositories, 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 one month after the date of receipt of such declaration by the depository.

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 one of the depositories. The withdrawal shall become effective on the first day of the month following the expiration of a period of one month after the date of receipt of such notification by the depository.

text: Article XI.5

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

text: Such denunciation shall become effective on the first day of the month following the expiration of a period of twelve months after the date of receipt of the notification by the depository. However, such denunciation shall not affect recognition decisions taken previously under the provisions of this Convention.

text: Termination or suspension of the operation of this Convention as a consequence of a violation by a Party of a provision essential to the accomplishment of the object or purpose of this Convention shall be addressed in accordance with international law.

text: Article XI.6

text: Any State, the Holy See or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it reserves the right not to apply, in whole or in part, one or more of the following Articles of this Convention:

text: Article IV.8

text: Article V.3

text: Article VI.3

text: Article VIII.2

text: Article IX.3

text: No other reservation may be made.

text: Any Party which has made a reservation under the preceding paragraph may wholly or partly withdraw it by means of a notification addressed to one of the depositories. The withdrawal shall take effect on the date of receipt of such notification by the depository.

text: A Party which has made a reservation in respect of a provision of this 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 so far as it has itself accepted it.

text: Article XI.7

text: Draft amendments to this Convention may be adopted by the Committee of the Convention on the Recognition of Qualifications concerning Higher Education in the European Region by a two-thirds majority of the Parties. Any draft amendment so adopted shall be incorporated into a Protocol to this Convention. The Protocol shall specify the modalities for its entry into force which, in any event, shall require the expression of consent by the Parties to be bound by it.

text: No amendment may be made to Section III of this Convention under the procedure of paragraph 1 above.

text: Any proposal for amendments shall be communicated to one of the depositaries, who shall transmit it to the Parties at least three months before the meeting of the Committee. The depository shall also inform the Committee of Ministers of the Council of Europe and the Executive Board of Unesco.

text: Article XI.8

text: The Secretary General of the Council of Europe and the Director- General of the United Nations Educational, Scientific and Cultural Organisation shall be the depositories of this Convention. 2 The depository with whom an act, notification or communication has been deposited shall notify the Parties to this Convention, as well as the other member States of the Council of Europe and/or of the Unesco Europe Region of: a any signature; b the deposit of any instrument of ratification, acceptance, approval or accession; c any date of entry into force of this Convention in accordance with the provisions of

text: Articles XI.2

text: and XI.3.4; d any reservation made in pursuance of the provisions of

text: Article XI.7

text: and the withdrawal of any reservations made in pursuance of the provisions of

text: Article XI.7

text: ; e any denunciation of this Convention in pursuance of

text: Article XI.6

text: ; f any declarations made in accordance with the provisions of

text: Article II.1

text: , or of

text: Article II.2

text: ; g any declarations made in accordance with the provisions of

text: Article IV.5

text: ; h any request for accession made in accordance with the provisions of

text: Article XI.3

text: ; i any proposal made in accordance with the provisions of

text: Article XI.8

text: ; j any other act, notification or communication relating to this Convention. 3 The depository receiving a communication or making a notification in pursuance of the provisions of this Convention shall immediately inform the other depository thereof.

text: In witness thereof the undersigned representatives, being duly authorised, have signed this Convention. Done at Lisbon on 11 April 1997, in the English, French, Russian and Spanish languages, the four texts being equally authoritative, in two copies, one of which shall be deposited in the archives of the Council of Europe and the other in the archives of the United Nations Educational, Scientific and Cultural Organisation. A certified copy shall be sent to all the States referred to in

text: Article XI.1

text: , to the Holy See and to the European Community and to the Secretariat of the United Nations.

text: Article XI.9


doctype: treaty

identifier: ETS No. 166

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: ETS No. 166

title: European Convention on Nationality

text: European Treaty Series - No. 166

type: stycke

text: European Convention on Nationality

text: Strasbourg, 6.XI.1997

text: Preamble

text: The member States of the Council of Europe and the other States signatory to this Convention, Considering that the aim of the Council of Europe is to achieve greater unity between its members; Bearing in mind the numerous international instruments relating to nationality, multiple nationality and statelessness; Recognising that, in matters concerning nationality, account should be taken both of the legitimate interests of States and those of individuals; Desiring to promote the progressive development of legal principles concerning nationality, as well as their adoption in internal law and desiring to avoid, as far as possible, cases of statelessness; Desiring to avoid discrimination in matters relating to nationality; Aware of the right to respect for family life as contained in

text: Article 8

text: of the

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

text: ; Noting the varied approach of States to the question of multiple nationality and recognising that each State is free to decide which consequences it attaches in its internal law to the fact that a national acquires or possesses another nationality; Agreeing on the desirability of finding appropriate solutions to consequences of multiple nationality and in particular as regards the rights and duties of multiple nationals; Considering it desirable that persons possessing the nationality of two or more States Parties should be required to fulfil their military obligations in relation to only one of those Parties; Considering the need to promote international co-operation between the national authorities responsible for nationality matters, Have agreed as follows:

text: ETS 166 – Convention on Nationality, 6.XI.1997 __________________________________________________________________________________

text: Chapter I – General matters

type: rubrik

text: This Convention establishes principles and rules relating to the nationality of natural persons and rules regulating military obligations in cases of multiple nationality, to which the internal law of States Parties shall conform.

text: Article 1 – Object of the Convention

type: artikel

text: For the purpose of this Convention: a "nationality" means the legal bond between a person and a State and does not indicate the person's ethnic origin; b "multiple nationality" means the simultaneous possession of two or more nationalities by the same person; c "child" means every person below the age of 18 years unless, under the law applicable to the child, majority is attained earlier; d "internal law" means all types of provisions of the national legal system, including the constitution, legislation, regulations, decrees, case-law, customary rules and practice as well as rules deriving from binding international instruments.

text: Article 2 – Definitions

text: Chapter II – General principles relating to nationality

text: Each State shall determine under its own law who are its nationals. 2 This law shall be accepted by other States in so far as it is consistent with applicable international conventions, customary international law and the principles of law generally recognised with regard to nationality.

text: Article 3 – Competence of the State

text: The rules on nationality of each State Party shall be based on the following principles: a everyone has the right to a nationality; b statelessness shall be avoided; c no one shall be arbitrarily deprived of his or her nationality; d neither marriage nor the dissolution of a marriage between a national of a State Party and an alien, nor the change of nationality by one of the spouses during marriage, shall automatically affect the nationality of the other spouse.

text: Article 4 – Principles

text: The rules of a State Party on nationality shall not contain distinctions or include any practice which amount to discrimination on the grounds of sex, religion, race, colour or national or ethnic origin.

text: Each State Party shall be guided by the principle of non-discrimination between its nationals, whether they are nationals by birth or have acquired its nationality subsequently.

text: Article 5 – Non-discrimination

text: Chapter III – Rules relating to nationality

ordinal: a

text: children one of whose parents possesses, at the time of the birth of these children, the nationality of that State Party, subject to any exceptions which may be provided for by its internal law as regards children born abroad. With respect to children whose parenthood is established by recognition, court order or similar procedures, each State Party may provide that the child acquires its nationality following the procedure determined by its internal law;

type: punkt

ordinal: b

text: foundlings found in its territory who would otherwise be stateless.

text: Each State Party shall provide in its internal law for its nationality to be acquired ex lege by the following persons:

text: at birth ex lege; or

text: subsequently, to children who remained stateless, upon an application being lodged with the appropriate authority, by or on behalf of the child concerned, in the manner prescribed by the internal law of the State Party. Such an application may be made subject to the lawful and habitual residence on its territory for a period not exceeding five years immediately preceding the lodging of the application.

text: Each State Party shall provide in its internal law for its nationality to be acquired by children born on its territory who do not acquire at birth another nationality. Such nationality shall be granted:

text: Each State Party shall provide in its internal law for the possibility of naturalisation of persons lawfully and habitually resident on its territory. In establishing the conditions for naturalisation, it shall not provide for a period of residence exceeding ten years before the lodging of an application.

text: spouses of its nationals;

text: children of one of its nationals, falling under the exception of

text: Article 6

text: , paragraph 1, subparagraph a;

ordinal: c

text: children one of whose parents acquires or has acquired its nationality;

ordinal: d

text: children adopted by one of its nationals;

ordinal: e

text: persons who were born on its territory and reside there lawfully and habitually;

ordinal: f

text: persons who are lawfully and habitually resident on its territory for a period of time beginning before the age of 18, that period to be determined by the internal law of the State Party concerned;

ordinal: g

text: stateless persons and recognised refugees lawfully and habitually resident on its territory.

text: Each State Party shall facilitate in its internal law the acquisition of its nationality for the following persons:

text: Article 6 – Acquisition of nationality

text: A State Party may not provide in its internal law for the loss of its nationality ex lege or at the initiative of the State Party except in the following cases: a voluntary acquisition of another nationality; b acquisition of the nationality of the State Party by means of fraudulent conduct, false information or concealment of any relevant fact attributable to the applicant; c voluntary service in a foreign military force; d conduct seriously prejudicial to the vital interests of the State Party; e lack of a genuine link between the State Party and a national habitually residing abroad; f where it is established during the minority of a child that the preconditions laid down by internal law which led to the ex lege acquisition of the nationality of the State Party are no longer fulfilled; g adoption of a child if the child acquires or possesses the foreign nationality of one or both of the adopting parents. 2 A State Party may provide for the loss of its nationality by children whose parents lose that nationality except in cases covered by sub-paragraphs c and d of paragraph 1. However, children shall not lose that nationality if one of their parents retains it. 3 A State Party may not provide in its internal law for the loss of its nationality under paragraphs 1 and 2 of this article if the person concerned would thereby become stateless, with the exception of the cases mentioned in paragraph 1, sub-paragraph b, of this article.

text: Article 7 – Loss of nationality ex lege or at the initiative of a State Party

text: Each State Party shall permit the renunciation of its nationality provided the persons concerned do not thereby become stateless. 2 However, a State Party may provide in its internal law that renunciation may be effected only by nationals who are habitually resident abroad.

text: Article 8 – Loss of nationality at the initiative of the individual

text: Each State Party shall facilitate, in the cases and under the conditions provided for by its internal law, the recovery of its nationality by former nationals who are lawfully and habitually resident on its territory.

text: Article 9 – Recovery of nationality

text: Chapter IV – Procedures relating to nationality

text: Each State Party shall ensure that applications relating to the acquisition, retention, loss, recovery or certification of its nationality be processed within a reasonable time.

text: Article 10 – Processing of applications

text: Each State Party shall ensure that decisions relating to the acquisition, retention, loss, recovery or certification of its nationality contain reasons in writing.

text: Article 11 – Decisions

text: Each State Party shall ensure that decisions relating to the acquisition, retention, loss, recovery or certification of its nationality be open to an administrative or judicial review in conformity with its internal law.

text: Article 12 – Right to a review

text: Each State Party shall ensure that the fees for the acquisition, retention, loss, recovery or certification of its nationality be reasonable. 2 Each State Party shall ensure that the fees for an administrative or judicial review be not an obstacle for applicants.

text: Article 13 – Fees

text: Chapter V – Multiple nationality

text: A State Party shall allow: a children having different nationalities acquired automatically at birth to retain these nationalities; b its nationals to possess another nationality where this other nationality is automatically acquired by marriage. 2 The retention of the nationalities mentioned in paragraph 1 is subject to the relevant provisions of

text: Article 7

text: of this Convention.

text: Article 14 – Cases of multiple nationality ex lege

text: The provisions of this Convention shall not limit the right of a State Party to determine in its internal law whether: a its nationals who acquire or possess the nationality of another State retain its nationality or lose it; b the acquisition or retention of its nationality is subject to the renunciation or loss of another nationality.

text: Article 15 – Other possible cases of multiple nationality

text: A State Party shall not make the renunciation or loss of another nationality a condition for the acquisition or retention of its nationality where such renunciation or loss is not possible or cannot reasonably be required.

text: Article 16 – Conservation of previous nationality

text: the application of the rules of private international law of each State Party in cases of multiple nationality.

text: Nationals of a State Party in possession of another nationality shall have, in the territory of that State Party in which they reside, the same rights and duties as other nationals of that State Party. 2 The provisions of this chapter do not affect: a the rules of international law concerning diplomatic or consular protection by a State Party in favour of one of its nationals who simultaneously possesses another nationality;

text: Article 17 – Rights and duties related to multiple nationality

text: Chapter VI – State succession and nationality

text: In matters of nationality in cases of State succession, each State Party concerned shall respect the principles of the rule of law, the rules concerning human rights and the principles contained in

text: Articles 4

text: and 5 of this Convention and in paragraph 2 of this article, in particular in order to avoid statelessness. 2 In deciding on the granting or the retention of nationality in cases of State succession, each State Party concerned shall take account in particular of: a the genuine and effective link of the person concerned with the State; b the habitual residence of the person concerned at the time of State succession; c the will of the person concerned; d the territorial origin of the person concerned. 3 Where the acquisition of nationality is subject to the loss of a foreign nationality, the provisions of

text: Article 16

text: of this Convention shall apply.

text: Article 18 – Principles

text: In cases of State succession, States Parties concerned shall endeavour to regulate matters relating to nationality by agreement amongst themselves and, where applicable, in their relationship with other States concerned. Such agreements shall respect the principles and rules contained or referred to in this chapter.

text: Article 19 – Settlement by international agreement

text: Each State Party shall respect the following principles: a nationals of a predecessor State habitually resident in the territory over which sovereignty is transferred to a successor State and who have not acquired its nationality shall have the right to remain in that State; b persons referred to in sub-paragraph a shall enjoy equality of treatment with nationals of the successor State in relation to social and economic rights. 2 Each State Party may exclude persons considered under paragraph 1 from employment in the public service involving the exercise of sovereign powers.

text: Article 20 – Principles concerning non-nationals

text: Chapter VII – Military obligations in cases of multiple nationality

text: Persons possessing the nationality of two or more States Parties shall be required to fulfil their military obligations in relation to one of those States Parties only. 2 The modes of application of paragraph 1 may be determined by special agreements between any of the States Parties.

text: Any such person shall be subject to military obligations in relation to the State Party in whose territory they are habitually resident. Nevertheless, they shall be free to choose, up to the age of 19 years, to submit themselves to military obligations as volunteers in relation to any other State Party of which they are also nationals for a total and effective period at least equal to that of the active military service required by the former State Party;

text: Persons who are habitually resident in the territory of a State Party of which they are not nationals or in that of a State which is not a State Party may choose to perform their military service in the territory of any State Party of which they are nationals;

text: Persons who, in accordance with the rules laid down in paragraphs a and b, shall fulfil their military obligations in relation to one State Party, as prescribed by the law of that State Party, shall be deemed to have fulfilled their military obligations in relation to any other State Party or States Parties of which they are also nationals;

text: Persons who, before the entry into force of this Convention between the States Parties of which they are nationals, have, in relation to one of those States Parties, fulfilled their military obligations in accordance with the law of that State Party, shall be deemed to have fulfilled the same obligations in relation to any other State Party or States Parties of which they are also nationals;

text: Persons who, in conformity with paragraph a, have performed their active military service in relation to one of the States Parties of which they are nationals, and subsequently transfer their habitual residence to the territory of the other State Party of which they are nationals, shall be liable to military service in the reserve only in relation to the latter State Party;

text: The application of this article shall not prejudice, in any respect, the nationality of the persons concerned;

text: In the event of mobilisation by any State Party, the obligations arising under this article shall not be binding upon that State Party.

text: Except where a special agreement which has been, or may be, concluded provides otherwise, the following provisions are applicable to persons possessing the nationality of two or more States Parties:

text: Article 21 – Fulfilment of military obligations

text: Except where a special agreement which has been, or may be, concluded provides otherwise, the following provisions are also applicable to persons possessing the nationality of two or more States Parties:

text: Article 21

text: , paragraph 3, sub-paragraph c, of this Convention shall apply to persons who have been exempted from their military obligations or have fulfilled civil service as an alternative;

text: persons who are nationals of a State Party which does not require obligatory military service shall be considered as having satisfied their military obligations when they have their habitual residence in the territory of that State Party. Nevertheless, they should be deemed not to have satisfied their military obligations in relation to a State Party or States Parties of which they are equally nationals and where military service is required unless the said habitual residence has been maintained up to a certain age, which each State Party concerned shall notify at the time of signature or when depositing its instruments of ratification, acceptance or accession;

text: also persons who are nationals of a State Party which does not require obligatory military service shall be considered as having satisfied their military obligations when they have enlisted voluntarily in the military forces of that Party for a total and effective period which is at least equal to that of the active military service of the State Party or States Parties of which they are also nationals without regard to where they have their habitual residence.

text: Article 22 – Exemption from military obligations or alternative civil service

text: Chapter VIII – Co-operation between the States Parties

text: provide the Secretary General of the Council of Europe with information about their internal law relating to nationality, including instances of statelessness and multiple nationality, and about developments concerning the application of the Convention;

text: provide each other upon request with information about their internal law relating to nationality and about developments concerning the application of the Convention.

text: With a view to facilitating co-operation between the States Parties, their competent authorities shall:

text: States Parties shall co-operate amongst themselves and with other member States of the Council of Europe within the framework of the appropriate intergovernmental body of the Council of Europe in order to deal with all relevant problems and to promote the progressive development of legal principles and practice concerning nationality and related matters.

text: Article 23 – Co-operation between the States Parties

text: Each State Party may at any time declare that it shall inform any other State Party, having made the same declaration, of the voluntary acquisition of its nationality by nationals of the other State Party, subject to applicable laws concerning data protection. Such a declaration may indicate the conditions under which the State Party will give such information. The declaration may be withdrawn at any time.

text: Article 24 – Exchange of information

text: Chapter IX – Application of the Convention

text: Each State may declare, at the time of signature or when depositing its instrument of ratification, 1 acceptance, approval or accession, that it will exclude Chapter VII from the application of the Convention.

text: The provisions of Chapter VII shall be applicable only in the relations between States Parties for which it is in force.

text: Each State Party may, at any subsequent time, notify the Secretary General of the Council of Europe that it will apply the provisions of Chapter VII excluded at the time of signature or in its instrument of ratification, acceptance, approval or accession. This notification shall become effective as from the date of its receipt.

text: Article 25 – Declarations concerning the application of the Convention

text: The provisions of this Convention shall not prejudice the provisions of internal law and binding international instruments which are already in force or may come into force, under which more favourable rights are or would be accorded to individuals in the field of nationality.

text: the 1963 Convention on the Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality and its Protocols;

text: other binding international instruments in so far as such instruments are compatible with this Convention,

text: This Convention does not prejudice the application of:

text: in the relationship between the States Parties bound by these instruments.

text: Article 26 – Effects of this Convention

text: Chapter X – Final clauses

text: signature without reservation as to ratification, acceptance or approval; or

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

text: This Convention shall be open for signature by the member States of the Council of Europe and the non-member States which have participated in its elaboration. Such States 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: This Convention shall enter into force, for all States having expressed their consent to be bound by the Convention, 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 this Convention in accordance with the provisions of the preceding paragraph.

text: In respect of any 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 signature or of the deposit of its instrument of ratification, acceptance or approval.

text: Article 27 – Signature and entry into force

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State of the Council of Europe which has not participated in its elaboration to accede to this Convention.

text: In respect of any acceding State, 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 accession with the Secretary General of the Council of Europe.

text: Article 28 – Accession

text: No reservations may be made to any of the provisions contained in Chapters I, II and VI of this Convention. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, make one or more reservations to other provisions of the Convention so long as they are compatible with the object and purpose of this Convention.

text: Any State which makes one or more reservations shall notify the Secretary General of the Council of Europe of the relevant contents of its internal law or of any other relevant information.

text: A State which has made one or more reservations in accordance with paragraph 1 shall consider withdrawing them in whole or in part as soon as circumstances permit. Such withdrawal shall be made by means of a notification addressed to the Secretary General of the Council of Europe and shall become effective as from the date of its receipt.

text: Any State which extends the application of this Convention to a territory mentioned in the declaration referred to in

text: Article 30

text: , paragraph 2, may, in respect of the territory concerned, make one or more reservations in accordance with the provisions of the preceding paragraphs.

text: A State Party which has made reservations in respect of any of the provisions in Chapter VII of the Convention may not claim application of the said provisions by another State Party save in so far as it has itself accepted these provisions.

text: Article 29 – Reservations

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 and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. 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 30 – Territorial application

text: Any State Party may at any time denounce the Convention as a whole or Chapter VII only 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 notification by the Secretary General.

text: Article 31 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any Signatory, any Party and any other State which has acceded to this Convention 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 Convention in accordance with

text: Articles 27

text: or 28 of this Convention;

text: any reservation and withdrawal of reservations made in pursuance of the provisions of

text: Article 29

text: of this Convention;

text: any notification or declaration made under the provisions of

text: Articles 23

text: , 24, 25, 27, 28, 29, 30 and 31 of this Convention;

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, this sixth day of November 1997, 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 the non-member States which have participated in the elaboration of this Convention and to any State invited to accede to this Convention.

text: Article 32 – Notifications by the Secretary General

title: European Convention on Nationality


doctype: protocol

identifier: ETS No. 167

reference: ETS No. 167

title: Additional Protocol to the Convention on the Transfer of Sentenced Persons

text: European Treaty Series - No. 167

text: Strasbourg, 18.XII.1997

text: Preamble

text: The member States of the Council of Europe, and the other States signatory to this Protocol,

text: Desirous of facilitating the application of the Convention on the Transfer of Sentenced Persons opened for signature at Strasbourg on 21 March 1983 (hereinafter referred to as "the Convention") and, in particular, pursuing its acknowledged aims of furthering the ends of justice and the social rehabilitation of sentenced persons;

text: Aware that many States cannot extradite their own nationals;

text: Considering it desirable to supplement the Convention in certain respects,

text: Have agreed as follows:

text: The words and expressions used in this Protocol shall be interpreted within the meaning of the Convention.

text: The provisions of the Convention shall apply to the extent that they are compatible with the provisions of this Protocol.

text: Article 1 – General provisions

text: Where a national of a Party who is the subject of a sentence imposed in the territory of another Party as a part of a final judgment, seeks to avoid the execution or further execution of the sentence in the sentencing State by fleeing to the territory of the former Party before having served the sentence, the sentencing State may request the other Party to take over the execution of the sentence.

text: At the request of the sentencing State, the administering State may, prior to the arrival of the documents supporting the request, or prior to the decision on that request, arrest the sentenced person, or take any other measure to ensure that the sentenced person remains in its territory, pending a decision on the request. Requests for provisional measures shall include the information mentioned in paragraph 3 of

text: Article 4

text: of the Convention. The penal position of the sentenced person shall not be aggravated as a result of any period spent in custody by reason of this paragraph.

text: The consent of the sentenced person shall not be required to the transfer of the execution of the sentence.

text: ETS 167 – Transfer of Sentenced Persons (Additional Protocol), 18.XII.1997 __________________________________________________________________________________

text: Article 2 – Persons having fled from the sentencing State

text: Upon being requested by the sentencing State, the administering State may, subject to the provisions of this article, agree to the transfer of a sentenced person without the consent of that person, where the sentence passed on the latter, or an administrative decision consequential to that sentence, includes an expulsion or deportation order or any other measure as the result of which that person will no longer be allowed to remain in the territory of the sentencing State once he or she is released from prison.

text: The administering State shall not give its agreement for the purposes of paragraph 1 before having taken into consideration the opinion of the sentenced person.

text: a declaration containing the opinion of the sentenced person as to his or her proposed transfer, and

text: a copy of the expulsion or deportation order or any other order having the effect that the sentenced person will no longer be allowed to remain in the territory of the sentencing State once he or she is released from prison.

text: For the purposes of the application of this article, the sentencing State shall furnish the administering State with:

text: when the sentencing State so authorises: a request for authorisation shall be submitted, accompanied by all relevant documents and a legal record of any statement made by the convicted person; authorisation shall be given when the offence for which it is requested would itself be subject to extradition under the law of the sentencing State or when extradition would be excluded only by reason of the amount of punishment;

text: when the sentenced person, having had an opportunity to leave the territory of the administering State, has not done so within 45 days of his or her final discharge, or if he or she has returned to that territory after leaving it.

text: Any person transferred under the provisions of this article shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence or detention order, for any offence committed prior to his or her transfer other than that for which the sentence to be enforced was imposed, nor shall he or she for any other reason be restricted in his or her personal freedom, except in the following cases:

text: Notwithstanding the provisions of paragraph 4, the administering State may take any measures necessary under its law, including proceedings in absentia, to prevent any legal effects of lapse of time.

text: Any contracting State may, by way of a declaration addressed to the Secretary General of the Council of Europe, indicate that it will not take over the execution of sentences under the circumstances described in this article.

text: Article 3 – Sentenced persons subject to an expulsion or deportation order

text: This Protocol shall be open for signature by the member States of the Council of Europe and the other States signatory to the Convention. It shall be subject to ratification, acceptance or approval. A Signatory may not ratify, accept or approve this Protocol unless it has previously or simultaneously ratified, accepted or approved the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the deposit of the third instrument of ratification, acceptance or approval.

text: In respect of any signatory State which subsequently deposits its instrument of ratification, acceptance or approval, the Protocol 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.

text: Article 4 – Signature and entry into force

text: Any non-member State which has acceded to the Convention may accede to this Protocol after it has entered into force.

text: In respect of any acceding State, the Protocol 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 accession.

text: Article 5 – Accession

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 Protocol shall apply.

text: Any Contracting State may, at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory specified in the declaration. In respect of such territory the Protocol 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: Article 6 – Territorial application

text: This Protocol shall be applicable to the enforcement of sentences imposed either before or after its entry into force.

text: Article 7 – Temporal application

text: Any Contracting State may at any time denounce this Protocol 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.

text: This Protocol shall, however, continue to apply to the enforcement of sentences of persons who have been transferred in conformity with the provisions of both the Convention and this Protocol before the date on which such denunciation takes effect.

text: Denunciation of the Convention automatically entails denunciation of this Protocol.

text: Article 8 – Denunciation

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

text: Articles 4

text: or 5; d any other act, declaration, notification or communication relating to this Protocol.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol. Done at Strasbourg, this eighteenth day of December 1997, 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 the other States signatory to the Convention and to any State invited to accede to the Convention.

text: Article 9 – Notifications

type: internationell-overenskommelse


identifier: ETS No. 168

openingPlace: Paris

reference: ETS No. 168

title: Additional Protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, on the Prohibition of Cloning Human Beings

text: European Treaty Series - No. 168

text: Paris, 12.I.1998

text: The member States of the Council of Europe, the other States and the European Community Signatories to this Additional Protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine,

text: Noting scientific developments in the field of mammal cloning, particularly through embryo splitting and nuclear transfer;

text: Mindful of the progress that some cloning techniques themselves may bring to scientific knowledge and its medical application;

text: Considering that the cloning of human beings may become a technical possibility;

text: Having noted that embryo splitting may occur naturally and sometimes result in the birth of genetically identical twins;

text: Considering however that the instrumentalisation of human beings through the deliberate creation of genetically identical human beings is contrary to human dignity and thus constitutes a misuse of biology and medicine;

text: Considering also the serious difficulties of a medical, psychological and social nature that such a deliberate biomedical practice might imply for all the individuals involved;

text: Considering the purpose of the Convention on Human Rights and Biomedicine, in particular the principle mentioned in

text: Article 1

text: aiming to protect the dignity and identity of all human beings,

text: Have agreed as follows:

text: Any intervention seeking to create a human being genetically identical to another human being, whether living or dead, is prohibited.

text: For the purpose of this article, the term human being "genetically identical" to another human being means a human being sharing with another the same nuclear gene set.

text: _____ (*) 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 168 – Human Rights and Biomedicine (Additional Protocol), 12.I.1998 __________________________________________________________________________________

text: Article 1

text: No derogation from the provisions of this Protocol shall be made under Article 26, paragraph 1, of the Convention.

text: Article 2

text: As between the Parties, the provisions of

text: Articles 1

text: and 2 of this Protocol shall be regarded as additional articles to the Convention and all the provisions of the Convention shall apply accordingly.

text: Article 3

text: This Protocol shall be open for signature by Signatories to the Convention. It is subject to ratification, acceptance or approval. A Signatory may not ratify, accept or approve this Protocol unless it has previously or simultaneously ratified, accepted or approved the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: Article 4

text: This Protocol 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, including at least four member States of the Council of Europe, have expressed their consent to be bound by the Protocol in accordance with the provisions of

text: Article 4

text: In respect of any Signatory which subsequently expresses its consent to be bound by it, the Protocol 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 5

text: After the entry into force of this Protocol, any State which has acceded to the Convention may also accede to this Protocol.

text: Accession shall be effected by the deposit with the Secretary General of the Council of Europe of an instrument of accession which shall take effect on the first day of the month following the expiration of a period of three months after the date of its deposit.

text: Article 6

text: Any Party may at any time denounce this Protocol 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 such notification by the Secretary General.

text: Article 7

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the European Community, any Signatory, any Party and any other State which has been invited to accede to the Convention 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 Protocol in accordance with

text: Articles 5

text: and 6;

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

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

text: Done at Paris, this twelfth day of January 1998, 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 the non-member States which have participated in the elaboration of this Protocol, to any State invited to accede to the Convention and to the European Community.

text: Article 8


identifier: ETS No. 169

reference: ETS No. 169

title: Protocol No. 2 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning interterritorial co-operation

text: European Treaty Series - No. 169

text: Protocol No. 2 to the European Outline Convention on Transfrontier Cooperation between Territorial Communities or Authorities concerning interterritorial co-operation

text: Strasbourg, 5.V.1998

text: Preamble

text: The member States of the Council of Europe signatory to this Protocol No. 2 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities,

text: Considering the conclusion, on 9 November 1995, of the Additional Protocol to the Outline Convention, concerning the legal effects of acts performed within the framework of transfrontier co-operation and of the legal status of any co-operation bodies to be set up by transfrontier cooperation agreements;

text: Considering that, in order to perform their functions effectively, territorial communities or authorities are increasingly co-operating not only with neighbouring authorities of other States (transfrontier co-operation), but also with foreign non-neighbouring authorities having common interests (interterritorial co-operation), and are doing so not only within the framework of transfrontier co-operation bodies and associations of territorial communities or authorities but also at bilateral level;

text: Bearing in mind the Vienna Declaration of 1993 of the heads of State and government of the member States, which recognised the role of the Council of Europe in the creation of a tolerant and prosperous Europe through transfrontier co-operation of territorial communities or authorities;

text: Noting that in the field of interterritorial co-operation there is no instrument comparable to the Outline Convention;

text: Wishing to give interterritorial co-operation an international legal framework,

text: Have agreed the following provisions:

text: For the purpose of this Protocol, "interterritorial co-operation" shall mean any concerted action designed to establish relations between territorial communities or authorities of two or more Contracting Parties, other than relations of transfrontier co-operation of neighbouring authorities, including the conclusion of co-operation agreements with territorial communities or authorities of other States.

text: ETS 169 – Transfrontier Co-operation (Protocol No. 2), 5.V.1998 __________________________________________________________________________________

text: Article 1

text: Each Contracting Party shall recognise and respect the right of territorial communities or authorities within its jurisdiction, and referred to in

text: Articles 1

text: and 2 of the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (hereinafter referred to as "the Outline Convention"), to engage in discussions and to draw up, within common fields of responsibility, interterritorial co-operation agreements, in accordance with the procedures laid down in their statutes, in conformity with national law and insofar as such agreements are in keeping with the Contracting Party's international commitments.

text: An interterritorial co-operation agreement shall entail only the responsibilities of the territorial communities or authorities which have concluded it.

text: Article 2

text: The Contracting Parties to this Protocol shall apply, mutatis mutandis, the Outline Convention to interterritorial co-operation.

text: Article 3

text: The Contracting Parties to this Protocol, which are also Contracting Parties to the Additional Protocol to the Outline Convention (hereinafter referred to as "the Additional Protocol"), shall apply, mutatis mutandis, the aforesaid Protocol to interterritorial co-operation.

text: Article 4

text: For the purpose of the present Protocol, "mutatis mutandis" means that in the Outline Convention and the Additional Protocol the term "transfrontier co-operation" shall be read as "interterritorial co-operation" and that the articles of the Outline Convention and of the Additional Protocol shall apply unless otherwise provided by the present Protocol.

text: Article 5

text: Each Contracting Party to the Outline Convention and to the Additional Protocol shall declare, when signing this Protocol, or when depositing its instrument of ratification, acceptance or approval, whether it will apply, pursuant to

text: Article 4

text: of this Protocol, the provisions of

text: Articles 4

text: and 5 of the Additional Protocol or one of those articles only.

text: Such a declaration can be modified at any subsequent time by a declaration addressed to the Secretary General of the Council of Europe.

text: Article 6

text: No reservations to the provisions of this Protocol shall be allowed.

text: Article 7

text: signature without reservation as to ratification, acceptance or approval; or

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

text: This Protocol shall be open for signature by the States which have signed the Outline Convention, which may express their consent to be bound by either:

text: A member State of the Council of Europe may not sign this Protocol without reservation as to ratification, acceptance or approval, nor deposit an instrument of ratification, acceptance or approval, unless it has already deposited or simultaneously deposits an instrument of ratification, acceptance or approval of the Outline Convention.

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

text: Article 8

text: This Protocol shall come into force three months after the date on which four member States of the Council of Europe have expressed their consent to be bound by this Protocol in accordance with

text: Article 8

text: In respect of any member State which subsequently expresses its consent to be bound by this Protocol, it shall come into force three months after the date of its signature or the deposit of the instrument of its ratification, acceptance or approval.

text: Article 9

text: After the entry into force of this Protocol, any State which has acceded to the Outline Convention may also accede to this Protocol.

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

text: Article 10

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

text: Such denunciation shall become effective six months after the date of receipt of the notification by the Secretary General of the Council of Europe.

text: Article 11

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe and any State which has acceded to this Protocol of:

text: any declarations submitted by a Contracting Party in conformity with

text: Article 6

text: ; b any signature of this Protocol; c the deposit of any instrument of ratification, acceptance, approval or accession; d any date of entry into force of this Protocol in accordance with

text: Article 9

text: and

text: Article 10

text: ; e any other measure, notification or communication relating to this Protocol.

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

text: Done at Strasbourg, this 5th day of May 1998, 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 and to any State invited to accede to this Protocol.

text: Article 12


identifier: ETS No. 170

reference: ETS No. 170

title: Protocol of Amendment to the European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes

text: European Treaty Series - No. 170

text: Protocol of amendment to the European Convention for the Protection of

text: Strasbourg, 22.VI.1998

text: The member States of the Council of Europe and the European Community, signatories to this Protocol to the European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes, opened for signature in Strasbourg, on 18 March 1986 (hereinafter referred to as "the Convention"),

text: Having regard to the Convention which includes general provisions designed to safeguard animals intended to be used for scientific purposes from suffering, pain and distress, and to the member States' resolve to limit the use of animals for experimental and other scientific purposes, with the aim of replacing such use whenever possible, in particular by seeking alternative measures and encouraging the use of these alternative measures;

text: Considering the technical nature of the provisions included in the appendices to the Convention;

text: Acknowledging the need to ensure their consistency with the results of research in the fields covered,

text: Have agreed as follows:

text: Article 30 of the Convention shall be amended as follows:

text: "1 The Parties shall, within five years from the entry into force of this Convention and every five years thereafter, or more frequently if a majority of the Parties should so request, hold multilateral consultations within the Council of Europe to examine the application of this Convention, and the advisability of revising it or extending any of its provisions

text: These consultations shall take place at meetings convened by the Secretary General of the Council of Europe. The Parties shall communicate the name of their representative to the Secretary General of the Council of Europe at least two months before each meeting.

text: Subject to the provisions of this Convention, the Parties shall draw up the rules of procedure for the consultations."

text: _____ (*) Since its entry into force on 2 December 2005, this Protocol forms an integral part of the Convention (ETS No. 123). 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 Communities shall be read as the European Union.

text: ETS 170 – Protection of Vertebrate Animals (Protocol of amendment), 22.VI.1998 __________________________________________________________________________________

text: Article 1

text: The Convention shall be supplemented by a new Part XI: "Amendments" including a new Article 31 as follows: "1 Any amendment to Appendices A and B, proposed by a Party or by the Committee of Ministers of the Council of Europe shall be communicated to the Secretary General of the Council of Europe and forwarded by him to the member States of the Council of Europe, to the European Community and to any non-member State which has acceded to, or has been invited to accede to the Convention in accordance with the provisions of Article 34. 2 Any amendments proposed in accordance with the provisions of the preceding paragraph shall be examined, not less than six months after the date of forwarding by the Secretary General, at a multilateral consultation where it may be adopted by a two-thirds majority of the Parties. The text adopted shall be forwarded to the Parties. 3 Twelve months after its adoption at a multilateral consultation, any amendment shall enter into force unless one third of the Parties have notified objections."

text: Article 2

text: Articles 31 to 37 of the Convention shall become Articles 32 to 38 respectively.

text: Article 3

text: This Protocol shall be open for signature by the Signatories to the Convention, which may become Parties to this 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 A Signatory of the Convention may not sign this Protocol without reservation as to ratification, acceptance or approval, nor deposit an instrument of ratification, acceptance or approval, unless it has already deposited or simultaneously deposits an instrument of ratification, acceptance or approval of the Convention. 3 States which have acceded to the Convention may also accede to this Protocol. 4 The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary General of the Council of Europe.

text: Article 4

text: This Protocol shall enter into force on the thirtieth day after the date on which all the Parties to the Convention have become Parties to this Protocol in accordance with

text: Article 4

text: Article 5

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the other Parties to the Convention and the European Community of: a any signature without reservation in respect of ratification, acceptance or approval;

text: any signature with reservation in respect of ratification, acceptance or approval; c any deposit of an instrument of ratification, acceptance, approval or accession; d any date of entry into force of this Protocol in accordance with

text: Article 5

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

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol. Done at Strasbourg, this 22nd day of June 1998, 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 the other Parties to the Convention and to the European Community.

text: Article 6