identifier: ETS No. 090

reference: ETS No. 090

title: European Convention on the Suppression of Terrorism

text: European Treaty Series - No. 90

text: Strasbourg, 27.I.1977

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Aware of the growing concern caused by the increase in acts of terrorism; Wishing to take effective measures to ensure that the perpetrators of such acts do not escape prosecution and punishment; Convinced that extradition is a particularly effective measure for achieving this result, Have agreed as follows:

text: For the purposes of extradition between Contracting States, none of the following offences shall be regarded as a political offence or as an offence connected with a political offence or as an offence inspired by political motives: a an offence within the scope of the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970; b an offence within the scope of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971; c a serious offence involving an attack against the life, physical integrity or liberty of internationally protected persons, including diplomatic agents; d an offence involving kidnapping, the taking of a hostage or serious unlawful detention; e an offence involving the use of a bomb, grenade, rocket, automatic firearm or letter or parcel bomb if this use endangers persons; f an attempt to commit any of the foregoing offences or participation as an accomplice of a person who commits or attempts to commit such an offence.

text: ETS 90 – Suppression of Terrorism, 27.I.1977 __________________________________________________________________________________

text: Article 1

text: For the purpose of extradition between Contracting States, a Contracting State may decide not to regard as a political offence or as an offence connected with a political offence or as an offence inspired by political motives a serious offence involving an act of violence, other than one covered by

text: Article 1

text: , against the life, physical integrity or liberty of a person.

text: The same shall apply to a serious offence involving an act against property, other than one covered by

text: Article 1

text: , if the act created a collective danger for persons.

text: The same shall apply to an attempt to commit any of the foregoing offences or participation as an accomplice of a person who commits or attempts to commit such an offence.

text: Article 2

text: The provisions of all extradition treaties and arrangements applicable between Contracting States, including the European Convention on Extradition, are modified as between Contracting States to the extent that they are incompatible with this Convention.

text: Article 3

text: For the purpose of this Convention and to the extent that any offence mentioned in

text: Article 1

text: or 2 is not listed as an extraditable offence in any extradition convention or treaty existing between Contracting States, it shall be deemed to be included as such therein.

text: Article 4

text: Nothing in this Convention shall be interpreted as imposing an obligation to extradite if the requested State has substantial grounds for believing that the request for extradition for an offence mentioned in

text: Article 1

text: or 2 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion, or that that person's position may be prejudiced for any of these reasons.

text: Article 5

text: Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over an offence mentioned in

text: Article 1

text: in the case where the suspected offender is present in its territory and it does not extradite him after receiving a request for extradition from a Contracting State whose jurisdiction is based on a rule of jurisdiction existing equally in the law of the requested State.

text: This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

text: Article 6

text: A Contracting State in whose territory a person suspected to have committed an offence mentioned in

text: Article 1

text: is found and which has received a request for extradition under the conditions mentioned in

text: Article 6

text: , paragraph 1, shall, if it does not extradite that person, submit the case, without exception whatsoever and without undue delay, to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any offence of a serious nature under the law of that State.

text: Article 7

text: Contracting States shall afford one another the widest measure of mutual assistance in criminal matters in connection with proceedings brought in respect of the offences mentioned in

text: Article 1

text: or 2. The law of the requested State concerning mutual assistance in criminal matters shall apply in all cases. Nevertheless this assistance may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

text: Nothing in this Convention shall be interpreted as imposing an obligation to afford mutual assistance if the requested State has substantial grounds for believing that the request for mutual assistance in respect of an offence mentioned in

text: Article 1

text: or 2 has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion or that that person's position may be prejudiced for any of these reasons.

text: The provisions of all treaties and arrangements concerning mutual assistance in criminal matters applicable between Contracting States, including the European Convention on Mutual Assistance in Criminal Matters, are modified as between Contracting States to the extent that they are incompatible with this Convention.

text: Article 8

text: The European Committee on Crime Problems of the Council of Europe shall be kept informed regarding the application of this Convention.

text: It shall do whatever is needful to facilitate a friendly settlement of any difficulty which may arise out of its execution.

text: Article 9

text: Any dispute between Contracting States concerning the interpretation or application of this Convention, which has not been settled in the framework of

text: Article 9

text: , paragraph 2, shall, at the request of any Party to the dispute, be referred to arbitration. Each Party shall nominate an arbitrator and the two arbitrators shall nominate a referee. If any Party has not nominated its arbitrator within the three months following the request for arbitration, he shall be nominated at the request of the other Party by the President of the European Court of Human Rights. If the latter should be a national of one of the Parties to the dispute, this duty shall be carried out by the Vice-President of the Court or if the Vice-President is a national of one of the Parties to the dispute, by the most senior judge of the Court not being a national of one of the Parties to the dispute. The same procedure shall be observed if the arbitrators cannot agree on the choice of referee.

text: The arbitration tribunal shall lay down its own procedure. Its decisions shall be taken by majority vote. Its award shall be final.

text: Article 10

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

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

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

text: Article 11

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

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

text: Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect immediately or at such later date as may be specified in the notification.

text: Article 12

text: that it created a collective danger to the life, physical integrity or liberty of persons; or

text: that it affected persons foreign to the motives behind it; or

text: that cruel or vicious means have been used in the commission of the offence.

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, declare that it reserves the right to refuse extradition in respect of any offence mentioned in

text: Article 1

text: which it considers to be a political offence, an offence connected with a political offence or an offence inspired by political motives, provided that it undertakes to take into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence, including:

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

text: A State which has made a reservation in accordance with paragraph 1 of this article may not claim the application of

text: Article 1

text: by any other State; it may, however, if its reservation is partial or conditional, claim the application of that article in so far as it has itself accepted it.

text: Article 13

text: Any Contracting State may denounce this Convention by means of a written notification addressed to the Secretary General of the Council of Europe. Any such denunciation shall take effect immediately or at such later date as may be specified in the notification.

text: Article 14

text: This Convention ceases to have effect in respect of any Contracting State which withdraws from or ceases to be a member of the Council of Europe.

text: Article 15

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

text: Article 11

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

text: Article 12

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

text: Article 13

text: , paragraph 1; f the withdrawal of any reservation effected in pursuance of the provisions of

text: Article 13

text: , paragraph 2; g any notification received in pursuance of

text: Article 14

text: and the date on which denunciation takes effect; h any cessation of the effects of the Convention pursuant to

text: Article 15

text: In witness whereof, the undersigned, being duly authorised thereto, have signed this Convention. Done at Strasbourg, this 27th day of January 1977, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory States.

text: Article 16


doctype: treaty

identifier: ETS No. 091

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: ETS No. 091

title: European Convention on Products Liability in regard to Personal Injury and Death

text: European Treaty Series - No. 91

type: stycke

text: Strasbourg, 27.I.1977

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Considering the development of case law in the majority of member States extending liability of producers prompted by a desire to protect consumers taking into account the new production techniques and marketing and sales methods; Desiring to ensure better protection of the public and, at the same time, to take producers' legitimate interests into account; Considering that priority should be given to compensation for personal injury and death; Aware of the importance of introducing special rules on the liability of producers at European level, Have agreed as follows:

text: Each Contracting State shall make its national law conform with the provisions of this Convention not later than the date of entry into force of the Convention in respect of that State. 2 Each Contracting State shall communicate to the Secretary General of the Council of Europe, not later than the date of the entry into force of the Convention in respect of that State, any text adopted or a statement of the contents of the existing law which it relies on to implement the Convention.

text: Article 1

type: artikel

text: For the purpose of this Convention: a the term "product" indicates all movables, natural or industrial, whether raw or manufactured, even though incorporated into another movable or into an immovable; b the term "producer" indicates the manufacturers of finished products or of component parts and the producers of natural products;

text: ETS 91 – Products Liability, 27.I.1977 __________________________________________________________________________________

ordinal: c

text: a product has a "defect" when it does not provide the safety which a person is entitled to expect, having regard to all the circumstances including the presentation of the product;

type: punkt

ordinal: d

text: a product has been "put into circulation" when the producer has delivered it to another person.

text: Article 2

text: The producer shall be liable to pay compensation for death or personal injuries caused by a defect in his product.

text: Any person who has imported a product for putting it into circulation in the course of a business and any person who has presented a product as his product by causing his name, trademark or other distinguishing feature to appear on the product, shall be deemed to be producers for the purpose of this Convention and shall be liable as such.

text: When the product does not indicate the identity of any of the persons liable under paragraphs 1 and 2 of this Article, each supplier shall be deemed to be a producer for the purpose of this Convention and liable as such, unless he discloses, within a reasonable time, at the request of the claimant, the identity of the producer or of the person who supplied him with the product. The same shall apply, in the case of an imported product, if this product does not indicate the identity of the importer referred to in paragraph 2, even if the name of the producer is indicated.

text: In the case of damage caused by a defect in a product incorporated into another product, the producer of the incorporated product and the producer incorporating that product shall be liable.

text: Where several persons are liable under this Convention for the same damage, each shall be liable in full (in solidum).

text: Article 3

text: If the injured person or the person entitled to claim compensation has by his own fault contributed to the damage, the compensation may be reduced or disallowed having regard to all the circumstances.

text: The same shall apply if a person, for whom the injured person or the person entitled to claim compensation is responsible under national law, has contributed to the damage by his fault.

text: Article 4

ordinal: a

text: that the product has not been put into circulation by him; or

ordinal: b

text: that, having regard to the circumstances, it is probable that the defect which caused the damage did not exist at the time when the product was put into circulation by him or that this defect came into being afterwards; or

text: that the product was neither manufactured for sale, hire or any other form of distribution for the economic purposes of the producer nor manufactured or distributed in the course of his business.

text: A producer shall not be liable under this Convention if he proves:

text: The liability of a producer shall not be reduced when the damage is caused both by a defect in the product and by the act or omission of a third party.

text: Article 5

text: Proceedings for the recovery of the damages shall be subject to a limitation period of three years from the day the claimant became aware or should reasonably have been aware of the damage, the defect and the identity of the producer.

text: Article 6

text: The right to compensation under this Convention against a producer shall be extinguished if an action is not brought within ten years from the date on which the producer put into circulation the individual product which caused the damage.

text: Article 7

text: The liability of the producer under this Convention cannot be excluded or limited by any exemption or exoneration clause.

text: Article 8

text: This Convention shall not apply to: a the liability of producers inter se and their rights of recourse against third parties; b nuclear damage.

text: Article 9

text: Contracting States shall not adopt rules derogating from this Convention, even if these rules are more favourable to the victim.

text: Article 10

text: States may replace the liability of the producer, in a principal or subsidiary way, wholly or in part, in a general way, or for certain risks only, by the liability of a guarantee fund or other form of collective guarantee, provided that the victim shall receive protection at least equivalent to the protection he would have had under the liability scheme provided for by this Convention.

text: Article 11

text: This Convention shall not effect any rights which a person suffering damage may have according to the ordinary rules of the law of contractual and extra-contractual liability including any rules concerning the duties of a seller who sells goods in the course of his business.

text: Article 12

text: This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. 2 This Convention shall enter into force on the first day of the month following the expiration of a period of six months after the date of deposit of the third instrument of ratification, acceptance or approval.

text: In respect of a signatory State ratifying, accepting or approving subsequently, the Convention shall come into force on the first day of the month following the expiration of a period of six months after the date of the deposit of its instrument of ratification, acceptance or approval.

text: Article 13

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

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

text: Article 14

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

text: Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt by the Secretary General of the Council of Europe of the declaration of withdrawal.

text: Article 15

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any later date, by notification addressed to the Secretary General of the Council of Europe, declare that, in pursuance of an international agreement to which it is a Party, it will not consider imports from one or more specified States also Parties to that agreement as imports for the purpose of paragraph 2 and 3 of

text: Article 3

text: ; in this case the person importing the product into any of these States from another State shall be deemed to be an importer for all the States Parties to this agreement.

text: Any declaration made in pursuance of the preceding paragraph may be withdrawn by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect the first day of the month following the expiration of a period of one month after the date of receipt by the Secretary General of the Council of Europe of the declaration of withdrawal.

text: Article 16

text: No reservation shall be made to the provisions of this Convention except those mentioned in the Annex to this Convention.

text: The Contracting State which has made one of the reservations mentioned in the Annex to this Convention may withdraw it by means of a declaration addressed to the Secretary General of the Council of Europe which shall become effective the first day of the month following the expiration of a period of one month after the date of its receipt by the Secretary General.

text: Article 17

text: Any Contracting State may, in so far as it is concerned, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 2 Such denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt by the Secretary General of such notification.

text: Article 18

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

text: Article 13

text: thereof; d any reservation made in pursuance of the provisions of

text: Article 17

text: , paragraph 1; e withdrawal of any reservation carried out in pursuance of the provisions of

text: Article 17

text: , paragraph 2; f any communication or notification received in pursuance of the provisions of

text: Article 1

text: , paragraph 2,

text: Article 15

text: , paragraphs 2 and 3 and

text: Article 16

text: , paragraphs 1 and 2; g any notification received in pursuance of the provisions of

text: Article 18

text: and the date on which denunciation takes effect.

text: In witness whereof, the undersigned, being duly authorised thereto, have signed this Convention. Done at Strasbourg, this 27th day of January 1977, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies of each of the signatory and the acceding States.

text: Article 19

type: internationell-overenskommelse


identifier: ETS No. 092

reference: ETS No. 092

title: European Agreement on the Transmission of Applications for Legal Aid

text: European Treaty Series - No. 92

text: Strasbourg, 27.I.1977

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Considering that it is desirable to eliminate existing economic obstacles to civil proceedings and to permit persons in an economically weak position more easily to exercise their rights in member States; Believing that the creation of an appropriate system of transmission of applications for legal aid would contribute to the attainment of this aim, Have agreed as follows:

text: Every person who has his habitual residence in the territory of one of the Contracting Parties and who wishes to apply for legal aid in civil, commercial or administrative matters in the territory of another Contracting Party may submit his application in the State where he is habitually resident. That State shall transmit the application to the other State.

text: Article 1

text: Each Contracting Party shall designate one or more transmitting authorities to forward applications for legal aid direct to the foreign authority designated below. 2 Each Contracting Party shall also designate a central receiving authority to receive, and to take action on, applications for legal aid coming from other Contracting Parties. Federal States and States which have more than one legal system shall be free to designate more than one authority.

text: Article 2

text: The transmitting authority shall assist the applicant in ensuring that the application is accompanied by all the documents known by it to be required to enable the application to be determined. It shall also assist the applicant in providing any necessary translation of the documents. It may refuse to transmit the application if it appears to be manifestly not made in good faith.

text: ETS 92 – Transmission of Applications for Legal Aid, 27.I.1977 __________________________________________________________________________________

text: The central receiving authority shall transmit the application to the authority which is competent to determine the application. It shall inform the transmitting authority of any difficulty relating to the examination of the application and of the decision taken on the application by the competent authority.

text: Article 3

text: All documents forwarded in pursuance of the present Agreement shall be exempt from legalisation or any equivalent formality.

text: Article 4

text: No charges shall be made by the Contracting Parties in respect of services rendered under this Agreement.

text: Article 5

text: the application for legal aid and the documents attached thereto and any other communications shall be drawn up in the official language or in one of the official languages of the receiving authority or be accompanied by a translation into that language;

text: each Contracting Party shall nevertheless accept the application for legal aid and the documents attached thereto and any other communications when they are drawn up in English or in French or are accompanied by a translation into one of these languages.

text: Unless there are particular agreements between the authorities concerned of Contracting Parties and subject to the provisions of

text: Articles 13

text: and 14:

text: Communications emanating from the State of the receiving authority may be drawn up in the official language or one of the official languages of that State or in English or French.

text: Article 6

text: In order to facilitate the application of this Agreement the central authorities of the Contracting Parties agree to furnish each other with information on the state of their law governing legal aid.

text: Article 7

text: The authorities referred to in

text: Article 2

text: shall be designated by means of a declaration addressed to the Secretary General of the Council of Europe when the State concerned becomes Party to the Convention in accordance with the provisions of

text: Articles 9

text: and 11. Any change in the powers of the authorities shall likewise be declared to the Secretary General of the Council of Europe.

text: Article 8

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

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

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

text: Article 9

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

text: Article 9

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

text: Article 10

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

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

text: Article 11

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 Agreement shall apply.

text: Any State may, when depositing its instrument of ratification, acceptance, approval or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Agreement to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. Any extension shall come into force within one month after receipt of the declaration.

text: Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect six months after the date of receipt by the Secretary General of the Council of Europe of the notification.

text: Article 12

text: Any State may at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession declare that it excludes wholly or partly the application of the provisions of

text: Article 6

text: , paragraph 1.b. No other reservation may be made to this Agreement.

text: Any Contracting Party may wholly or partly withdraw the reservation it has made by means of a declaration addressed to the Secretary General of the Council of Europe. The reservation shall cease to have effect as from the date of receipt of the declaration.

text: When a Contracting Party has made a reservation any other Party may apply the same reservation with respect to that Party.

text: Article 13

text: A Contracting Party which has more than one official language may for the purpose of applying

text: Article 6

text: , paragraph 1.a, by means of a declaration specify the language in which the application and documents attached thereto or a translation thereof shall be expressed to enable them to be transmitted to the specified parts of its territory. 2 The declaration provided for in the preceding paragraph shall be addressed to the Secretary General of the Council of Europe at the time of signature of the Agreement by the interested State or when depositing its instrument of ratification, acceptance, approval or accession. The declaration may be withdrawn or amended according to the same procedure.

text: Article 14

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

text: Article 15

text: The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Agreement of: a any signature without reservation in respect of ratification, acceptance or approval; b any signature with reservation in respect of ratification, acceptance or approval; c the deposit of any instrument of ratification, acceptance, approval or accession; d any declaration made in pursuance of the provisions of

text: Article 8

text: ; e any date of entry into force of this Agreement in accordance with

text: Article 10

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

text: Article 12

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

text: Article 13

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

text: Article 13

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

text: Article 14

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

text: Article 15

text: and the date on which denunciation takes effect. In witness whereof, the undersigned, being duly authorised thereto, have signed this Agreement. Done at Strasbourg, this 27th day of January 1977, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 16


identifier: ETS No. 093

reference: ETS No. 093

title: European Convention on the Legal Status of Migrant Workers

text: European Treaty Series - No. 93

text: European Convention on the Legal Status of Migrant Workers

text: Strasbourg, 24.XI.1977

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress while respecting human rights and fundamental freedoms; Considering that the legal status of migrant workers who are nationals of Council of Europe member States should be regulated so as to ensure that as far as possible they are treated no less favourably than workers who are nationals of the receiving State in all aspects of living and working conditions; Being resolved to facilitate the social advancement of migrant workers and members of their families; Affirming that the rights and privileges which they grant to each other's nationals are conceded by virtue of the close association uniting the member States of the Council of Europe by means of its Statute, Have agreed as follows:

text: Chapter I

type: rubrik

ordinal: e

text: seasonal workers; seasonal migrant workers are those who, being nationals of a Contracting Party, are employed on the territory of another Contracting Party in an activity dependent on the rhythm of the seasons, on the basis of a contract for a specified period or for specified employment;

ordinal: f

text: workers, who are nationals of a Contracting Party, carrying out specific work in the territory of another Contracting Party on behalf of an undertaking having its registered office outside the territory of that Contracting Party.

text: For the purpose of this Convention, the term "migrant worker" shall mean a national of a Contracting Party who has been authorised by another Contracting Party to reside in its territory in order to take up paid employment. 2 This Convention shall not apply to: a frontier workers; b artists, other entertainers and sportsmen engaged for a short period and members of a liberal profession; c seamen; d persons undergoing training;

text: ETS 93 – Legal Status of Migrant Workers, 24.XI.1977 __________________________________________________________________________________

text: Article 1 – Definition

text: Chapter II

text: The recruitment of prospective migrant workers may be carried out either by named or by unnamed request and in the latter case shall be effected through the intermediary of the official authority in the State of origin if such an authority exists and, where appropriate, through the intermediary of the official authority of the receiving State.

text: The administrative costs of recruitment, introduction and placing, when these operations are carried out by an official authority, shall not be borne by the prospective migrant worker.

text: Article 2 – Forms of recruitment

text: Recruitment of prospective migrant workers may be preceded by a medical examination and a vocational test.

text: The medical examination and the vocational test are intended to establish whether the prospective migrant worker is physically and mentally fit and technically qualified for the job offered to him and to make certain that his state of health does not endanger public health.

text: Arrangements for the reimbursement of expenses connected with medical examination and vocational test shall be laid down when appropriate by bilateral agreements, so as to ensure that such expenses do not fall upon the prospective migrant worker.

text: A migrant worker to whom an individual offer of employment is made shall not be required, otherwise than on grounds of fraud, to undergo a vocational test except at the employer's request.

text: Article 3 – Medical examinations and vocational test

text: Each Contracting Party shall guarantee the following rights to migrant workers:

text: – the right to leave the territory of the Contracting Party of which they are nationals;

text: – the right to admission to the territory of a Contracting Party in order to take up paid employment after being authorised to do so and obtaining the necessary papers.

text: These rights shall be subject to such limitations as are prescribed by legislation and are necessary for the protection of national security, public order, public health or morals.

text: The papers required of the migrant worker for emigration and immigration shall be issued as expeditiously as possible free of charge or on payment of an amount not exceeding their administrative cost.

text: Article 4 – Right of exit – Right to admission – Administrative formalities

text: Every migrant worker accepted for employment shall be provided prior to departure for the receiving State with a contract of employment or a definite offer of employment, either of which may be drawn up in one or more of the languages in use in the State of origin and in one or more of the languages in use in the receiving State. The use of at least one language of the State of origin and one language of the receiving State shall be compulsory in the case of recruitment by an official authority or an officially recognised employment bureau.

text: Article 5 – Formalities and procedure relating to the work contract

text: The Contracting Parties shall exchange and provide for prospective migrants appropriate information on their residence, conditions of and opportunities for family reunion, the nature of the job, the possibility of a new work contract being concluded after the first has lapsed, the qualifications required, working and living conditions (including the cost of living), remuneration, social security, housing, food, the transfer of savings, travel, and on deductions made from wages in respect of contributions for social protection and social security, taxes and other charges. Information may also be provided on the cultural and religious conditions in the receiving State.

text: In the case of recruitment through an official authority of the receiving State, such information shall be provided, before his departure, in a language which the prospective migrant worker can understand, to enable him to take a decision in full knowledge of the facts. The translation, where necessary, of such information into a language that the prospective migrant worker can understand shall be provided as a general rule by the State of origin.

text: Each Contracting Party undertakes to adopt the appropriate steps to prevent misleading propaganda relating to emigration and immigration.

text: Article 6 – Information

text: Each Contracting Party undertakes to ensure, in the case of official collective recruitment, that the cost of travel to the receiving State shall never be borne by the migrant worker. The arrangements for payment shall be determined under bilateral agreements, which may also extend these measures to families and to workers recruited individually.

text: In the case of migrant workers and their families in transit through the territory of one Contracting Party en route to the receiving State, or on their return journey to the State of origin, all steps shall be taken by the competent authorities of the transit State to expedite their journey and prevent administrative delays and difficulties.

text: the personal effects and movable property of migrant workers and members of their family belonging to their household;

text: a reasonable quantity of hand-tools and portable equipment necessary for the occupation to be engaged in.

text: Each Contracting Party shall exempt from import duties and taxes at the time of entry into the receiving State and of the final return to the State of origin and in transit:

text: The exemptions referred to above shall be granted in accordance with the laws or regulations in force in the States concerned.

text: Article 7 – Travel

text: Chapter III

text: Each Contracting Party which allows a migrant worker to enter its territory to take up paid employment shall issue or renew a work permit for him (unless he is exempt from this requirement), subject to the conditions laid down in its legislation.

text: However, a work permit issued for the first time may not as a rule bind the worker to the same employer or the same locality for a period longer than one year.

text: In case of renewal of the migrant worker's work permit, this should as a general rule be for a period of at least one year, in so far as the current state and development of the employment situation permits.

text: Article 8 – Work permit

text: Where required by national legislation, each Contracting Party shall issue residence permits to migrant workers who have been authorised to take up paid employment on their territory under conditions laid down in this Convention.

text: The residence permit shall in accordance with the provisions of national legislation be issued and, if necessary, renewed for a period as a general rule at least as long as that of the work permit. When the work permit is valid indefinitely, the residence permit shall as a general rule be issued and, if necessary, renewed for a period of at least one year. It shall be issued and renewed free of charge or for a sum covering administrative costs only.

text: The provisions of this article shall also apply to members of the migrant worker's family who are authorised to join him in accordance with

text: Article 12

text: of this Convention.

text: If a migrant worker is no longer in employment, either because he is temporarily incapable of work as a result of illness or accident or because he is involuntarily unemployed, this being duly confirmed by the competent authorities, he shall be allowed for the purpose of the application of

text: Article 25

text: of this Convention to remain on the territory of the receiving State for a period which should not be less than five months.

text: Nevertheless, no Contracting Party shall be bound, in the case provided for in the above subparagraph, to allow a migrant worker to remain for a period exceeding the period of payment of the unemployment allowance.

text: for reasons of national security, public policy or morals;

text: if the holder refuses, after having been duly informed of the consequences of such refusal, to comply with the measures prescribed for him by an official medical authority with a view to the protection of public health;

text: if a condition essential to its issue or validity is not fulfilled.

text: The residence permit, issued in accordance with the provisions of paragraphs 1 to 3 of this article, may be withdrawn:

text: Each Contracting Party nevertheless undertakes to grant to migrant workers whose residence permits have been withdrawn, an effective right to appeal, in accordance with the procedure for which provision is made in its legislation, to a judicial or administrative authority.

text: Article 9 – Residence permit

text: After arrival in the receiving State, migrant workers and members of their families shall be given all appropriate information and advice as well as all necessary assistance for their settlement and adaptation.

text: For this purpose, migrant workers and members of their families shall be entitled to help and assistance from the social services of the receiving State or from bodies working in the public interest in the receiving State and to help from the consular authorities of their State or origin. Moreover, migrant workers shall be entitled, on the same basis as national workers, to help and assistance from the employment services. However, each Contracting Party shall endeavour to ensure that special social services are available, whenever the situation so demands, to facilitate or co-ordinate the reception of migrant workers and their families.

text: Each Contracting Party undertakes to ensure that migrant workers and members of their families can worship freely, in accordance with their faith; each Contracting Party shall facilitate such worship, within the limit of available means.

text: Article 10 – Reception

text: The status of migrant workers must not interfere with the recovery of sums due in respect of maintenance to persons in the State of origin to whom they have maintenance obligations arising from a family relationship, parentage, marriage or affinity, including a maintenance obligation in respect of a child who is not legitimate.

text: Each Contracting Party shall take the steps necessary to ensure the recovery of sums due in respect of such maintenance, making use as far as possible of the form adopted by the Committee of Ministers of the Council of Europe.

text: As far as possible, each Contracting Party shall take steps to appoint a single national or regional authority to receive and despatch applications for sums due in respect of maintenance provided for in paragraph 1 above.

text: This article shall not affect existing or future bilateral or multilateral agreements.

text: Article 11 – Recovery of sums due in respect of maintenance

text: The spouse of a migrant worker who is lawfully employed in the territory of a Contracting Party and the unmarried children thereof, as long as they are considered to be minors by the relevant law of the receiving State, who are dependent on the migrant worker, are authorised on conditions analogous to those which this Convention applies to the admission of migrant workers and according to the admission procedure prescribed by such law or by international agreements to join the migrant worker in the territory of a Contracting Party, provided that the latter has available for the family housing considered as normal for national workers in the region where the migrant worker is employed. Each Contracting Party may make the giving of authorisation conditional upon a waiting period which shall not exceed twelve months.

text: Any State may, at any time, by declaration addressed to the Secretary General of the Council of Europe, which shall take effect one month after the date of receipt, make the family reunion referred to in paragraph 1 above further conditional upon the migrant worker having steady resources sufficient to meet the needs of his family.

text: Any State may, at any time, by declaration addressed to the Secretary General of the Council of Europe, which shall take effect one month after the date of its receipt, derogate temporarily from the obligation to give the authorisation provided for in paragraph 1 above, for one or more parts of its territory which it shall designate in its declaration, on the condition that these measures do not conflict with obligations under other international instruments. The

text: declarations shall state the special reasons justifying the derogation with regard to receiving capacity.

text: Any State availing itself of this possibility of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and shall ensure that these measures are published as soon as possible. It shall also inform the Secretary General of the Council of Europe when such measures cease to operate and the provisions of the Convention are again being fully executed.

text: The derogation shall not, as a general rule, affect requests for family reunion submitted to the competent authorities, before the declaration is addressed to the Secretary General, by migrant workers already established in the part of the territory concerned.

text: Article 12 – Family reunion

text: Each Contracting Party shall accord to migrant workers, with regard to access to housing and rents, treatment not less favourable than that accorded to its own nationals, insofar as this matter is covered by domestic laws and regulations.

text: Each Contracting Party shall ensure that the competent national authorities carry out inspections in appropriate cases in collaboration with the respective consular authorities, acting within their competence, to ensure that standards of fitness of accommodation are kept up for migrant workers as for its own nationals.

text: Each Contracting Party undertakes to protect migrant workers against exploitation in respect of rents, in accordance with its laws and regulations on the matter.

text: Each Contracting Party shall ensure, by the means available to the competent national authorities, that the housing of the migrant worker shall be suitable.

text: Article 13 – Housing

text: Migrant workers and members of their families officially admitted to the territory of a Contracting Party shall be entitled, on the same basis and under the same conditions as national workers, to general education and vocation training and retraining and shall be granted access to higher education according to the general regulations governing admission to respective institutions in the receiving State.

text: To promote access to general and vocational schools and to vocational training centres, the receiving State shall facilitate the teaching of its language or, if there are several, one of its languages to migrant workers and members of their families.

text: For the purpose of the application of paragraphs 1 and 2 above, the granting of scholarships shall be left to the discretion of each Contracting Party which shall make efforts to grant the children of migrant workers living with their families in the receiving State – in accordance with the provisions of

text: Article 12

text: of this Convention – the same facilities in this respect as the receiving State's nationals.

text: The workers' previous attainments, as well as diplomas and vocational qualifications acquired in the State of origin, shall be recognised by each Contracting Party in accordance with arrangements laid down in bilateral and multilateral agreements.

text: The Contracting Parties concerned, acting in close co-operation shall endeavour to ensure that the vocational training and retraining schemes, within the meaning of this article, cater as far as possible for the needs of migrant workers with a view to their return to their State of origin.

text: Article 14 – Pretraining – Schooling – Linguistic training – Vocational training and retraining

text: The Contracting Parties concerned shall take actions by common accord to arrange, so far as practicable, for the migrant worker's children, special courses for the teaching of the migrant worker's mother tongue, to facilitate, inter alia, their return to their State of origin.

text: Article 15 – Teaching of the migrant worker's mother tongue

text: In the matter of conditions of work, migrant workers authorised to take up employment shall enjoy treatment not less favourable than that which applies to national workers by virtue of legislative or administrative provisions, collective labour agreement or custom.

text: It shall not be possible to derogate by individual contract from the principle of equal treatment referred to in the foregoing paragraph.

text: Article 16 – Conditions of work

text: Each Contracting Party shall permit, according to the agreements laid down by its legislation, the transfer of all or such parts of the earnings and savings of migrant workers as the latter may wish to transfer.

text: This provision shall apply also to the transfer of sums due by migrant workers in respect of maintenance. The transfer of sums due by migrant workers in respect of maintenance shall on no account be hindered or prevented.

text: Each Contracting Party shall permit, under bilateral agreements or by other means, the transfer of such sums as remain due to migrant workers when they leave the territory of the receiving State.

text: Article 17 – Transfer of savings

text: Each Contracting Party undertakes to grant within its territory, to migrant workers and members of their families, equality of treatment with its own nationals, in the matter of social security, subject to conditions required by national legislation and by bilateral or multilateral agreements already concluded or to be concluded between the Contracting Parties concerned.

text: The Contracting Parties shall moreover endeavour to secure to migrant workers and members of their families the conservation of rights in course of acquisition and acquired rights, as well as provision of benefits abroad, through bilateral and multilateral agreements.

text: Article 18 – Social Security

text: Each Contracting Party undertakes to grant within its territory, to migrant workers and members of their families who are lawfully present in its territory, social and medical assistance on the same basis as nationals in accordance with the obligations it has assumed by virtue of other international agreements and in particular of the European Convention on Social and Medical Assistance of 1953.

text: Article 19 – Social and Medical Assistance

text: With regard to the prevention of industrial accidents and occupational diseases and to industrial hygiene, migrant workers shall enjoy the same rights and protection as national workers, in application of the laws of a Contracting Party and collective agreements and having regard to their particular situation.

text: A migrant worker who is victim of an industrial accident or who has contracted an occupational disease in the territory of the receiving State shall benefit from occupational rehabilitation on the same basis as national workers.

text: Article 20 – Industrial accidents and occupational diseases – Industrial hygiene

text: Each Contracting Party shall inspect or provide for inspection of the conditions of work of migrant workers in the same manner as for national workers. Such inspection shall be carried out by the competent bodies or institutions of the receiving State and by any other authority authorised by the receiving State.

text: Article 21 – Inspection of working conditions

text: Each Contracting Party shall take care, within the framework of its laws and, if need be, within the framework of bilateral agreements, that steps are taken to provide all help and assistance necessary for the transport to the State of origin of the bodies of migrant workers deceased as the result of an industrial accident.

text: Article 22 – Death

text: In the matter of earnings and without prejudice to the provisions on double taxation contained in agreements already concluded or which may in future be concluded between Contracting Parties, migrant workers shall not be liable, in the territory of a Contracting Party, to duties, charges, taxes or contributions of any description whatsoever either higher or more burdensome than those imposed on nationals in similar circumstances. In particular, they shall be entitled to deductions or exemptions from taxes or charges and to all allowances, including allowance for dependants.

text: The Contracting Parties shall decide between themselves, by bilateral or multilateral agreements on double taxation, what measures might be taken to avoid double taxation on the earnings of migrant workers.

text: Article 23 – Taxation on earnings

text: On the expiry of a work contract concluded for a special period at the end of the period agreed on and in the case of anticipated cancellation of such a contract or cancellation of a work contract for an unspecified period, migrant workers shall be accorded treatment not less favourable than that accorded to national workers under the provisions of national legislation or collective labour agreements.

text: In the event of individual or collective dismissal, migrant workers shall receive the treatment applicable to national workers under national legislation or collective labour agreements, as regards the form and period of notice, the compensation provided for in legislation or agreements or such as may be due in cases of unwarranted cancellation of their work contracts.

text: Article 24 – Expiry of contract and discharge

text: If a migrant worker loses his job for reasons beyond his control, such as redundancy or prolonged illness, the competent authority of the receiving State shall facilitate his reemployment in accordance with the laws and regulations of that State.

text: To this end the receiving State shall promote the measures necessary to ensure, as far as possible, the vocational retraining and occupational rehabilitation of the migrant worker in question, provided that he intends to continue in employment in the State concerned afterwards.

text: Article 25 – Re-employment

text: Each Contracting Party shall secure to migrant workers treatment not less favourable than that of its own nationals in respect of legal proceedings. Migrant workers shall be entitled, under the same conditions as nationals, to full legal and judicial protection of their persons and property and of their rights and interests; in particular, they shall have, in the same manner as nationals, the right of access to the competent courts and administrative authorities, in accordance with the law of the receiving State, and the right to obtain the assistance of any person of their choice who is qualified by the law of that State, for instance in disputes with employers, members of their families or third parties. The rules of private international law of the receiving State shall not be affected by this article.

text: Each Contracting Party shall provide migrant workers with legal assistance on the same conditions as for their own nationals and, in the case of civil or criminal proceedings, the possibility of obtaining the assistance of an interpreter where they cannot understand or speak the language used in court.

text: Article 26 – Right of access to the courts and administrative authorities in the receiving State

text: Each Contracting Party recognises the right of migrant workers and of the members of their families officially admitted to its territory to make use of employment services under the same conditions as national workers subject to the legal provisions and regulations and administrative practice, including conditions of access, in force in that State.

text: Article 27 – Use of employment services

text: Each Contracting Party shall allow to migrant workers the right to organise for the protection of their economic and social interests on the conditions provided for by national legislation for its own nationals.

text: Article 28 – Exercise of the right to organise

text: Each Contracting Party shall facilitate as far as possible the participation of migrant workers in the affairs of the undertaking on the same conditions as national workers.

text: Article 29 – Participation in the affairs of the undertaking

text: Chapter IV

text: Each Contracting Party shall, as far as possible, take appropriate measures to assist migrant workers and their families on the occasion of their final return to their State of origin, and in particular the steps referred to in paragraphs 2 and 3 of

text: Article 7

text: of this Convention. The provision of financial assistance shall be left to the discretion of each Contracting Party.

text: To enable migrant workers to know, before they set out on their return journey, the conditions on which they will be able to resettle in their State of origin, this State shall communicate to the receiving State, which shall keep available for those who request it, information regarding in particular:

text: – possibilities and conditions of employment in the State of origin;

text: – financial aid granted for economic reintegration;

text: – the maintenance of social security rights acquired abroad;

text: – steps to be taken to facilitate the finding of accommodation;

text: – equivalence accorded to occupational qualifications obtained abroad and any tests to be passed to secure their official recognition;

text: – equivalence accorded to educational qualifications, so that migrant workers' children can be admitted to schools without down-grading.

text: Article 30 – Return home

text: Chapter V

text: No provision of this Convention may be interpreted as justifying less favourable treatment than that enjoyed by migrant workers under the national legislation of the receiving State or under bilateral and multilateral agreements to which that State is a Contracting Party.

text: Article 31 – Conservation of acquired rights

text: The provisions of this Convention shall not prejudice the provisions of the laws of the Contracting Parties or of any bilateral or multilateral treaties, conventions, agreements or arrangements, as well as the steps taken to implement them, which are already in force, or may come into force, and under which more favourable treatment has been, or would be, accorded to the persons protected by the Convention.

text: Article 32 – Relations between this Convention and the laws of the Contracting Parties or international agreements

text: A Consultative Committee shall be set up within a year of the entry into force of this Convention.

text: Each Contracting Party shall appoint a representative to the Consultative Committee. Any other member State of the Council of Europe may be represented by an observer with the right to speak.

text: The Consultative Committee shall examine any proposals submitted to it by one of the Contracting Parties with a view to facilitating or improving the application of the Convention, as well as any proposal to amend it.

text: The opinions and recommendations of the Consultative Committee shall be adopted by a majority of the members of the Committee; however, proposals to amend the Convention shall be adopted unanimously by the members of the Committee.

text: The opinions, recommendations and proposals of the Consultative Committee referred to above shall be addressed to the Committee of Ministers of the Council of Europe, which shall decide on the action to be taken.

text: The Consultative Committee shall be convened by the Secretary General of the Council of Europe and shall meet, as a general rule, at least once every two years and, in addition, whenever at least two Contracting Parties or the Committee of Ministers so requests. The committee shall also meet at the request of one Contracting Party whenever the provisions of paragraph 3 of

text: Article 12

text: are applied.

text: The Consultative Committee shall draw up periodically, for the attention of the Committee of Ministers, a report containing information regarding the laws and regulations in force in the territory of the Contracting Parties in respect of matters provided for in this Convention.

text: Article 33 – Application of the Convention

text: Chapter VI

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

text: This Convention shall enter into force on the first day of the third month following the date of the deposit of the fifth instrument of ratification, acceptance or approval.

text: In respect of a signatory State ratifying, approving or accepting subsequently, the Convention shall enter into force on the first day of the third month following the date of the deposit of its instrument of ratification, acceptance or approval.

text: Article 34 – Signature, ratification and entry into force

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval or at any later date, by declaration to the Secretary General of the Council of Europe, extend the application of this Convention to all or any of the territories for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.

text: Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn. Such withdrawal shall take effect six months after receipt by the Secretary General of the Council of Europe of the declaration of withdrawal.

text: Article 35 – Territorial scope

text: Any Contracting Party may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, make one or more reservations which may relate to no more than nine articles of Chapters II to IV inclusive, other than

text: Articles 4

text: , 8, 9, 12, 16, 17, 20, 25, 26.

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

text: Article 36 – Reservations

text: Each Contracting Party may denounce this Convention by notification addressed to the Secretary General of the Council of Europe, which shall take effect six months after the date of its receipt.

text: No denunciation may be made within five years of the date of the entry into force of the Convention in respect of the Contracting Party concerned.

text: Each Contracting Party which ceases to be a member of the Council of Europe shall cease to be a Party to this Convention six months after the date on which it loses its quality as a member of the Council of Europe.

text: Article 37 – Denunciation of the Convention

text: The Secretary General of the Council of Europe shall notify the member States of the Council of: a any signature; b the deposit of any instrument of ratification, acceptance or approval; c any notification received in respect of paragraphs 2 and 3 of

text: Article 12

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

text: Article 34

text: thereof; e any declaration received in pursuance of the provisions of

text: Article 35

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

text: Article 36

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

text: Article 36

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

text: Article 37

text: and the date on which denunciation takes place.

text: In witness whereof, the undersigned, being duly authorised thereto, have signed this Convention. Done at Strasbourg, this 24th day of November 1977, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory States.

text: Article 38 – Notifications


identifier: ETS No. 094

reference: ETS No. 094

title: European Convention on the Service Abroad of Documents relating to Administrative Matters

text: European Treaty Series - No. 94

text: Strasbourg, 24.XI.1977

text: Preamble

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

text: Considering that the aim of the Council of Europe is to achieve a greater unity between its members, based in particular on respect for the rule of law, as well as human rights and fundamental freedoms;

text: Believing that the creation of appropriate means of mutual assistance in administrative matters will contribute to the attainment of this aim;

text: Having regard to the importance of ensuring that documents to be served abroad in administrative matters be brought to the notice of the addressees in good time,

text: Have agreed as follows:

text: Chapter I – General provisions

text: The Contracting States undertake to afford each other mutual assistance with regard to service of documents relating to administrative matters.

text: This Convention shall not apply to fiscal or criminal matters. However, each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any later time, give notice, by a declaration addressed to the Secretary General of the Council of Europe, that, for purposes of requests addressed to it, this Convention shall apply to fiscal matters or to any proceedings in respect of offences the punishment of which does not fall within jurisdiction of its judicial authorities at the time of the request for assistance. This State may specify in the declaration that it is conditional on reciprocity.

text: Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession or at any time within five years after the entry into force of this Convention in respect of itself give notice, by a declaration addressed to the Secretary General of the Council of Europe, of the administrative matters with regard to which it will not apply this Convention. Any other Contracting State may claim reciprocity.

text: ETS 94 – Servicing Abroad of Administrative Documents, 24.XI.1977 __________________________________________________________________________________

text: The declarations in pursuance of paragraphs 2 and 3 of this article shall take effect, as the case may be, from the moment of the entry into force of the Convention with regard to the State which has made them or three months after their receipt by the Secretary General of the Council of Europe. They may be withdrawn, partially or wholly, by means of a declaration addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect three months after the date of receipt of this declaration.

text: Article 1 – Scope of the Convention

text: Each Contracting State shall designate a central authority to receive and take action on requests for service of documents relating to administrative matters emanating from other Contracting States. Federal States shall be free to designate more than one central authority.

text: Each Contracting State may designate other authorities having the same functions as the central authority and shall determine their territorial competence. However, the requesting authority shall in all cases have the right to address itself directly to the central authority.

text: Each Contracting State may in addition designate a forwarding authority to centralise requests for service emanating from its own authorities and transmit them to the competent central authority abroad. Federal States shall be free to designate more than one forwarding authority.

text: The aforementioned authorities must be either a ministerial department or another official body.

text: Each Contracting State shall by a declaration addressed to the Secretary General of the Council of Europe communicate the name and address of the authorities designated in accordance with the provisions of this article.

text: Article 2 – Central authority

text: A request for service shall be forwarded to the central authority of the requested State. It shall be made in accordance with the model form appended to the present Convention, together with the document to be served. The request and the document shall be transmitted in duplicate; but the lack of that formality shall not be sufficient cause for refusal to comply with the request.

text: Article 3 – Request for service

text: The request for service and appendices thereto forwarded in pursuance of this Convention shall be exempt from legalisation, apostille or any equivalent formality.

text: Article 4 – Exemption from legalisation

text: If the central authority of the requested State considers that the request does not conform with the provisions of this Convention, it shall so inform the requesting authority without delay, specifying its objections.

text: Article 5 – Conformity with the Convention

text: by a method prescribed by its internal law for the service of documents in domestic actions upon persons who are within its territory, or

text: by a particular method requested by the requesting authority, unless such a method is incompatible with the law of the requested State.

text: The central authority of the requested State shall effect service under this Convention:

text: Subject to paragraph 1, sub-paragraph b of this article, the document may always be served by delivery to an addressee who accepts it voluntarily.

text: Where the requesting authority requests service within a specific time, the central authority of the requested State shall comply with that request if it is possible to do so within that time limit.

text: Article 6 – Manner of service

text: When a foreign document is to be served in accordance with

text: Article 6

text: , paragraph 1, subparagraph a, and paragraph 2 of the present Convention, it need not be accompanied by a translation.

text: However, in the event of the service of a document being refused by the addressee on the ground that he cannot understand the language in which it is drawn up, the central authority of the requested State shall arrange to have it translated into the official language, or one of the official languages, of this State. Alternatively, it may ask the requesting authority to have the document either translated into or accompanied by a translation in the official language or one of the official languages of the requested State.

text: When service of a foreign document is to be effected according to

text: Article 6

text: , paragraph 1, subparagraph b, and the central authority of the requested State so requires, the document must be translated or accompanied by a translation into the official language or one of the official languages of the requested State.

text: Article 7 – Language

text: The central authority of the requested State or the authority effecting service shall furnish a certificate in accordance with the model form appended to the present Convention. This certificate shall confirm that the request has been complied with, or if the request has not been complied with, it shall give the reason.

text: The completed certificate shall be forwarded directly to the requesting authority by the authority drawing it up.

text: The requesting authority may ask the central authority of the requested State to countersign any certificate not drawn up by that central authority, where the authenticity of such certificate is challenged.

text: Article 8 – Certificate

text: The standard terms on the model form appended to the present Convention shall be printed in one of the official languages of the Council of Europe. They may in addition be printed in the official language of one of the official languages of the State of the requesting authority.

text: The blanks opposite these standard terms shall be completed either in the official language or one of the official languages of the requested State, or in one of the official languages of the Council of Europe.

text: Article 9 – Forms of request and certificate

text: Each Contracting State may effect service directly and without compulsion by its consular officers or, where circumstances so demand, by its diplomatic agents of documents on persons within the territory of other Contracting States.

text: Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, object by means of a declaration addressed to the Secretary General of the Council of Europe to such service within its territory in the case of documents to be served upon its nationals or upon nationals of a third State or upon stateless persons. Any other Contracting State may claim reciprocity.

text: The declaration in pursuance of paragraph 2 of this article shall take effect at the time of the entry into force of this Convention with regard to the State which has made it. It may be withdrawn by means of a declaration addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect three months after the date of receipt of this declaration.

text: Article 10 – Service by consular officers

text: Each Contracting State may effect service of documents directly through the post on a person within the territory of other Contracting States.

text: Each Contracting State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or within five years after the entry into force of this Convention in respect of itself, by a declaration addressed to the Secretary General of the Council of Europe, object, in a general manner or partially, either because of the nationality of the addressee or for defined categories of documents, to such service within its territory. Any other Contracting State may claim reciprocity.

text: The declaration in pursuance of paragraph 2 of this article shall take effect, as the case may be, at the time of the entry into force of the Convention with regard to the State which has made it or three months after its receipt by the Secretary General of the Council of Europe. It may be withdrawn, partially or wholly, by means of a declaration addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect three months after the date of receipt of this declaration.

text: Article 11 – Service by post

text: Any Contracting State shall be free to use diplomatic or consular channels for the purpose of requesting service of documents.

text: This Convention shall not prevent two or more Contracting States from agreeing to permit, for the purpose of service of documents, channels of transmission other than those provided in the preceding articles and, in particular, direct communication between their respective authorities.

text: Article 12 – Other channels of transmission

text: The service of a foreign document in accordance with

text: Article 6

text: , paragraph 1, subparagraph a, and paragraph 2 of this Convention shall not give rise to any payment or refund of fees or costs for the services rendered by the requested State.

text: The requesting authority shall be required to pay or refund the costs incurred by the form of service it requests in accordance with

text: Article 6

text: , paragraph 1, sub-paragraph b.

text: Article 13 – Costs

text: if it considers that the matter to which the document to be served relates is not an administrative matter in the sense of

text: Article 1

text: of this Convention;

text: if it considers that compliance would interfere with the sovereignty, security, public policy or other essential interests of that State;

text: if the addressee cannot be found at the address indicated by the requesting authority and his whereabouts cannot be easily determined.

text: The central authority of the requested State to which a request for service is addressed may refuse to comply with it:

text: In the event of refusal, the central authority of the requested State shall promptly inform the requesting authority and state the reasons for such refusal.

text: Article 14 – Refusal to comply

text: When a document is transmitted for service within the territory of another Contracting State the addressee shall be allowed, in the event that such service implies a time-limit affecting him, reasonable time, such time to be determined by the requesting State, from the moment he has received the document, to attend the proceedings or be represented or to make representations, as the case may be.

text: Article 15 – Time-limits

text: Nothing in this Convention shall affect existing or future international agreements and practices or other arrangements between Contracting States which relate to matters dealt with in the present Convention.

text: Article 16 – Other international agreements or arrangements

text: Chapter II – Final clauses

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

text: The Convention shall enter into force on the first day of the month following the expiration of three months after the date of the deposit of the third instrument of ratification, acceptance or approval.

text: In respect of any signatory State ratifying, accepting or approving it subsequently, the Convention shall come into force on the first day of the month following the expiration of three months after the date of the deposit of its instrument of ratification, acceptance or approval.

text: Article 17 – Entry into force of the Convention

text: At the request of any Contracting State, or after the third year following the entry into force of the Convention, the Contracting States shall proceed to a multilateral consultation in which any member State of the Council of Europe may have itself represented by an observer, in order to examine its application, as well as the advisability of its revision or of an enlargement of any of its provisions. This consultation shall take place during a meeting convoked by the Secretary General of the Council of Europe.

text: Article 18 – Revision of the Convention

text: After the entry into force of this Convention, the Committee of the Ministers of the Council of Europe may invite any non-member State to accede thereto, by a decision taken by a twothirds majority of the votes cast, including the unanimous votes of the Contracting States.

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

text: Article 19 – Accession of a State not a member of the Council of Europe

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

text: Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect six months after the date of receipt by the Secretary General of the Council of Europe of the notification.

text: Article 20 – Territorial scope of the Convention

text: No reservations may be made to this Convention.

text: Article 21 – Reservations to the Convention

text: Any Contracting State may, in so far as it is concerned, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

text: Such denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt by the Secretary General of such notification. This Convention shall, however, continue to apply to requests for service received before the date on which the denunciation takes effect.

text: Article 22 – Denunciation of the Convention

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 Convention of:

text: any signature;

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

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

text: Article 17

text: , paragraphs 2 and 3;

text: any declaration received in pursuance of the provision of

text: Article 1

text: , paragraphs 2, 3 and 4;

text: any declaration received in pursuance of the provisions of

text: Article 2

text: , paragraph 5;

text: Article 10

text: , paragraphs 2 and 3;

text: Article 11

text: , paragraphs 2 and 3;

text: any declaration or notification received in pursuance of the provisions of

text: Article 20

text: , paragraphs 2 and 3;

text: any notification received in pursuance of the provisions of

text: Article 22

text: , paragraph 1, and the date on which denunciation takes effect.

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

text: Done at Strasbourg, this 24th day of November 1977, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 23 – Function of the depositary of the Convention


doctype: protocol

identifier: ETS No. 095

reference: ETS No. 095

title: Protocol amending the Convention on the Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality

text: European Treaty Series - No. 95

text: Strasbourg, 24.XI.1977

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

text: Considering the desirability of amending the Convention on the Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality signed in Strasbourg on 6 May 1963, hereinafter referred to as "the Convention";

text: Considering it desirable that a person possessing as a matter of right more than one nationality should be able to renounce by a mere declaration of will the nationality of a Contracting Party in whose territory he has no ordinary residence;

text: Considering it desirable to clarify the meaning of

text: Article 6

text: , paragraph 3, of the Convention, with regard to which difficulties of interpretation have appeared;

text: Considering it desirable to permit the acceptance of the provisions of Chapter I of the Convention only in order to reduce to a greater extent the number of cases of plural nationality;

text: Considering that the trend of law concerning the nationality of the married woman should entail deletion of reservations to the Convention in her respect,

text: Have agreed as follows:

text: Article 2

text: , paragraph 2, sub-paragraph 1 of the Convention is amended as follows:

text: "Such consent may not be withheld by the Contracting Party whose nationality a person of full age possesses ipso jure provided that the said person has his ordinary residence outside the territory of that Party."

text: Article 1

text: Article 6

text: , paragraph 3 of the Convention shall be replaced by the following provisions:

text: "3 A person who, in accordance with the rules laid down in paragraphs 1 and 2, shall fulfil his military obligations in relation to one Contracting Party, as prescribed by the law of that Party, shall be deemed to have fulfilled his military obligations in relation to any other Party or Parties of which he is also a national. The same shall apply to a person who has been relieved of or exempted from his military obligations or has fulfilled civil service as an alternative.

text: ETS 95 – Multiple Nationality (Amending Protocol), 24.XI.1977 __________________________________________________________________________________

text: A person who is a national of a Contracting Party which does not require obligatory military service, shall be considered as having satisfied his military obligations when he has his ordinary residence in the territory of that Party. Nevertheless he should be deemed not to have satisfied his military obligations in relation to a Contracting Party or Contracting Parties of which he is equally a national and where military service is required unless the said ordinary residence has been maintained up to a certain age, which each Contracting Party concerned shall notify at the time of signature or when depositing its instrument of ratification, acceptance or accession.

text: Also a person who is a national of a Contracting Party which does not require obligatory military service shall be considered as having satisfied his military obligations when he has enlisted voluntarily in the military force of that Party for a total and effective period which is at least equal to that of the active military service of the Contracting Party or Contracting Parties of which he is also a national without regard to where he has his ordinary residence."

text: Article 2

text: Article 7

text: "1 Each Contracting Party shall apply the provisions of Chapters I and II.

text: It is however understood that each Contracting Party may declare, at the time of signature or when depositing it instrument of ratification, acceptance or accession, that it will apply the provisions of Chapter I or Chapter II only.

text: It may, at any subsequent time, notify the Secretary General of the Council of Europe that it will apply all provisions of Chapters I and II. Such notification takes effect from the date of its reception.

text: The provisions of Chapter I or II, as the case may be, shall be applicable only between Contracting Parties which apply the chapter in question."

text: Article 3

text: Paragraphs 2 and 4 of the Annex to the Convention are repealed.

text: From the date on which a Contracting Party to the Convention also becomes a Party to this Protocol, any reservations formulated by that Party under paragraphs 2 and 4 of the said Annex shall be deemed to have been withdrawn.

text: Article 4

text: In relations between States Parties to the Convention but not Parties to this Protocol and States Parties to the Protocol, the Convention shall continue in force in its original form.

text: Article 5

text: This Protocol shall be open to signature by the member States of the Council of Europe having signed the Convention, which may become Parties to the Protocol by the procedure provided for in Article 10, paragraph 1 of the Convention.

text: This Protocol shall enter into force one month after the date of deposit of the second instrument of ratification, acceptance or approval.

text: In respect of a signatory State ratifying, accepting or approving subsequently, the Protocol shall enter into force one month after the date of deposit of its instrument of ratification, acceptance or approval.

text: Article 6

text: After this Protocol has entered into force, any State which has acceded to the Convention may accede to this Protocol. 2 Any State which is not a member of the Council of Europe invited to accede to the Convention shall be considered as having been invited also to accede to this Protocol. 3 Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession, which shall come into force one month after the date of deposit.

text: Article 7

text: Any Contracting Party may denounce this Protocol only when denouncing simultaneously the Convention in accordance with the procedure of its Article 12. 2 Denunciation of the Convention implies ipso jure the denunciation of this Protocol.

text: Article 8

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

text: Articles 6

text: and 7 thereof; d any notification received in pursuance of the provisions of

text: Article 2

text: , paragraph 1; e any declaration or notification received in pursuance of the provisions of

text: Article 3

text: , paragraph 1; f any notification received in pursuance of the provisions of

text: Article 8

text: and the date on which denunciation takes effect.

text: In witness whereof, the undersigned, being duly authorised thereto, have signed this Protocol. Done at Strasbourg, this 24th day of November 1977, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 9