doctype: protocol

identifier: ETS No. 109

reference: ETS No. 109

title: Additional Protocol to the European Agreement on the Exchange of Therapeutic Substances of Human Origin

text: European Treaty Series - No. 109

text: Strasbourg, 1.I.1983

text: The member States of the Council of Europe, Contracting Parties to the European Agreement of 15 December 1958 on the exchange of therapeutic substances of human origin (hereinafter called "the Agreement"),

text: Having regard to the provisions of Article 5, paragraph 1, of the Agreement, according to which, "The Contracting Parties shall take all necessary measures to exempt from all import duties the therapeutic substances of human origin placed at their disposal by the other Parties";

text: Considering that so far as the member States of the European Economic Community are concerned, the undertaking to grant this exemption falls within the competence of the Community, which possesses the necessary powers in this respect by virtue of the treaty which instituted it;

text: Considering therefore that for the purpose of the implementation of Article 5, paragraph 1, of the Agreement, it is necessary for the European Economic Community to be able to become a Contracting Party to the Agreement,

text: Have agreed as follows:

text: The European Economic Community may become a Contracting Party to the Agreement by signing it. In respect of the Community, the Agreement shall enter into force on the first day of the month following such signature.

text: Article 1

text: This Additional Protocol shall be open for acceptance by the Contracting Parties to the Agreement. It shall enter into force on the first day of the month following the date on which the last of the Contracting Parties has deposited its instrument of acceptance with the Secretary General of the Council of Europe.

text: However, this Additional Protocol shall enter into force on the expiration of a period of two years from the date on which it has been opened for acceptance, unless one of the Contracting Parties has notified an objection to the entry into force. If such an objection has been notified, paragraph 1 of this article shall apply.

text: ETS 109 – Exchange of Therapeutic Substances (Additional Protocol), 1.I.1983 __________________________________________________________________________________

text: Article 2

text: From the date of its entry into force, this Additional Protocol shall form an integral part of the Agreement. From that date, no State may become a Contracting Party to the Agreement without at the same time becoming a Contracting Party to the Additional Protocol.

text: Article 3

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any State having acceded to the Agreement and the European Economic Community of any acceptance or objection made under

text: Article 2

text: and of the date of entry into force of this Additional Protocol in accordance with

text: Article 2

text: The Secretary General shall also notify the European Economic Community of any act, notification or communication relating to the Agreement.

text: Done at Strasbourg, the 29th day of September 1982, in English and in French, and opened for acceptance the 1st day of January 1983. Both texts are equally authentic and shall be deposited in a single copy in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to any State invited to accede to the Agreement and to the European Economic Community.

text: Article 4


identifier: ETS No. 110

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: ETS No. 110

title: Additional Protocol to the Agreement on the Temporary Importation, free of duty, of Medical, Surgical and Laboratory Equipment for Use on free loan in Hospitals and other Medical Institutions for Purposes of Diagnosis or Treatment

text: European Treaty Series - No. 110

type: stycke

text: Additional Protocol to the Agreement on the Temporary Importation, free of duty, of Medical, Surgical and Laboratory Equipment for use on free loan in Hospitals and other Medical Institutions for purposes of Diagnosis or Treatment

text: Strasbourg, 1.I.1983

text: The member States of the Council of Europe, Contracting Parties to the Agreement of 28 April 1960 on the temporary importation, free of duty, of medical, surgical and laboratory equipment for use on free loan in hospitals and other medical institutions for purposes of diagnosis or treatment (hereinafter called "the Agreement"),

text: Having regard to the provisions of

text: Articles 1

text: and 2 of the Agreement, according to which such equipment shall, under certain conditions, benefit from a system of temporary importation free of duty;

text: Considering that so far as the member States of the European Economic Community are concerned, the granting of such an exemption must in particular take account of the existence of the Common Customs Tariff established by these States and that any derogation from the Common Customs Tariff falls within the competence of the European Economic Community, which possesses the necessary powers in this respect by virtue of the treaty which instituted it;

text: Considering therefore that for the purposes of the implementation of

text: Articles 1

text: and 2 of the Agreement, it is necessary for the European Economic Community to be able to become a Contracting Party to the Agreement,

text: Have agreed as follows:

text: The European Economic Community may become a Contracting Party to the Agreement by signing it.

text: In respect of the Community, the Agreement shall enter into force on the first day of the month following such signature.

text: Article 1

type: artikel

text: ETS 110 – Surgical and Laboratory Equipment (Additional Protocol), 1.I.1983 __________________________________________________________________________________

text: Article 2

text: Article 3

text: Article 2

text: Article 2

text: Article 4

type: internationell-overenskommelse


identifier: ETS No. 111

reference: ETS No. 111

title: Additional Protocol to the European Agreement on the Exchanges of Blood-Grouping Reagents

text: European Treaty Series - No. 111

text: Additional Protocol to the European Agreement on the Exchanges of Blood- Grouping Reagents

text: Strasbourg, 1.I.1983

text: The member States of the Council of Europe, Contracting Parties to the European Agreement of 14 May 1962 on the exchanges of blood-grouping reagents (hereinafter called "the Agreement"),

text: Having regard to the provisions of Article 5, paragraph 1, of the Agreement, according to which "The Contracting Parties shall take all necessary measures to exempt from all import duties the blood-grouping reagents placed at their disposal by the other Parties";

text: Considering that so far as the member States of the European Economic Community are concerned, the undertaking to grant this exemption falls within the competence of the Community, which possesses the necessary powers in this respect by virtue of the treaty which instituted it;

text: Considering therefore that for the purpose of the implementation of Article 5, paragraph 1, of the Agreement, it is necessary for the European Economic Community to be able to become a Contracting Party to the Agreement,

text: Have agreed as follows:

text: The European Economic Community may become a Contracting Party to the Agreement by signing it. In respect of the Community, the Agreement shall enter into force on the first day of the month following such signature.

text: Article 1

text: This Additional Protocol shall be open for acceptance by the Contracting Parties to the Agreement. It shall enter into force on the first day of the month following the date on which the last of the Contracting Parties has deposited its instrument of acceptance with the Secretary General of the Council of Europe.

text: Article 2

text: ETS 111 – Exchanges of Blood-Grouping Reagents (Additional Protocol), 1.I.1983 __________________________________________________________________________________

text: Article 3

text: Article 2

text: Article 2

text: Article 4


doctype: treaty

identifier: ETS No. 112

reference: ETS No. 112

title: Convention on the Transfer of Sentenced Persons

text: European Treaty Series - No. 112

text: Convention on the Transfer of Sentenced Persons

text: Strasbourg, 21.III.1983

text: The member States of the Council of Europe and the other States, signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Desirous of further developing international co-operation in the field of criminal law; Considering that such co-operation should further the ends of justice and the social rehabilitation of sentenced persons; Considering that these objectives require that foreigners who are deprived of their liberty as a result of their commission of a criminal offence should be given the opportunity to serve their sentences within their own society; and Considering that this aim can best be achieved by having them transferred to their own countries, Have agreed as follows:

text: For the purposes of this Convention: a "sentence" means any punishment or measure involving deprivation of liberty ordered by a court for a limited or unlimited period of time on account of a criminal offence; b "judgment" means a decision or order of a court imposing a sentence; c "sentencing State" means the State in which the sentence was imposed on the person who may be, or has been, transferred; d "administering State" means the State to which the sentenced person may be, or has been, transferred in order to serve his sentence.

text: Article 1 – Definitions

text: The Parties undertake to afford each other the widest measure of co-operation in respect of the transfer of sentenced persons in accordance with the provisions of this Convention.

text: ETS 112 – Transfer of Sentenced Persons, 21.III.1983 __________________________________________________________________________________

text: A person sentenced in the territory of a Party may be transferred to the territory of another Party, in accordance with the provisions of this Convention, in order to serve the sentence imposed on him. To that end, he may express his interest to the sentencing State or to the administering State in being transferred under this Convention. 3 Transfer may be requested by either the sentencing State or the administering State.

text: Article 2 – General principles

text: A sentenced person may be transferred under this Convention only on the following conditions: a if that person is a national of the administering State; b if the judgment is final; c if, at the time of receipt of the request for transfer, the sentenced person still has at least six months of the sentence to serve or if the sentence is indeterminate; d if the transfer is consented to by the sentenced person or, where in view of his age or his physical or mental condition one of the two States considers it necessary, by the sentenced person's legal representative; e if the acts or omissions on account of which the sentence has been imposed constitute a criminal offence according to the law of the administering State or would constitute a criminal offence if committed on its territory; and f if the sentencing and administering States agree to the transfer. 2 In exceptional cases, Parties may agree to a transfer even if the time to be served by the sentenced person is less than that specified in paragraph 1.c. 3 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, indicate that it intends to exclude the application of one of the procedures provided in Article 9.1.a and b in its relations with other Parties. 4 Any State may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, define, as far as it is concerned, the term "national" for the purposes of this Convention.

text: Article 3 – Conditions for transfer

ordinal: c

text: a statement of the facts upon which the sentence was based; d the nature, duration and date of commencement of the sentence. 4 If the sentenced person has expressed his interest to the administering State, the sentencing State shall, on request, communicate to the State the information referred to in paragraph 3 above. 5 The sentenced person shall be informed, in writing, of any action taken by the sentencing State or by the administering State under the preceding paragraphs, as well as of any decision taken by either State on a request for transfer.

type: punkt

text: Any sentenced person to whom this Convention may apply shall be informed by the sentencing State of the substance of this Convention. 2 If the sentenced person has expressed an interest to the sentencing State in being transferred under this Convention, that State shall so inform the administering State as soon as practicable after the judgment becomes final. 3 The information shall include: a the name, date and place of birth of the sentenced person; b his address, if any, in the administering State;

text: Article 4 – Obligation to furnish information

text: Requests for transfer and replies shall be made in writing. 2 Requests shall be addressed by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State. Replies shall be communicated through the same channels. 3 Any Party may, by a declaration addressed to the Secretary General of the Council of Europe, indicate that it will use other channels of communication. 4 The requested State shall promptly inform the requesting State of its decision whether or not to agree to the requested transfer.

text: Article 5 – Requests and replies

text: The administering State, if requested by the sentencing State, shall furnish it with: a a document or statement indicating that the sentenced person is a national of that State; b a copy of the relevant law of the administering State which provides that the acts or omissions on account of which the sentence has been imposed in the sentencing State constitute a criminal offence according to the law of the administering State, or would constitute a criminal offence if committed on its territory; c a statement containing the information mentioned in Article 9.2. 2 If a transfer is requested, the sentencing State shall provide the following documents to the administering State, unless either State has already indicated that it will not agree to the transfer: a a certified copy of the judgment and the law on which it is based; b a statement indicating how much of the sentence has already been served, including information on any pre-trial detention, remission, and any other factor relevant to the enforcement of the sentence; c a declaration containing the consent to the transfer as referred to in Article 3.1.d; and d whenever appropriate, any medical or social reports on the sentenced person, information about his treatment in the sentencing State, and any recommendation for his further treatment in the administering State.

text: Either State may ask to be provided with any of the documents or statements referred to in paragraphs 1 or 2 above before making a request for transfer or taking a decision on whether or not to agree to the transfer.

text: Article 6 – Supporting documents

text: The sentencing State shall ensure that the person required to give consent to the transfer in accordance with Article 3.1.d does so voluntarily and with full knowledge of the legal consequences thereof. The procedure for giving such consent shall be governed by the law of the sentencing State.

text: The sentencing State shall afford an opportunity to the administering State to verify through a consul or other official agreed upon with the administering State, that the consent is given in accordance with the conditions set out in paragraph 1 above.

text: Article 7 – Consent and its verification

text: The taking into charge of the sentenced person by the authorities of the administering State shall have the effect of suspending the enforcement of the sentence in the sentencing State.

text: The sentencing State may no longer enforce the sentence if the administering State considers enforcement of the sentence to have been completed.

text: Article 8 – Effect of transfer for sentencing State

ordinal: a

text: continue the enforcement of the sentence immediately or through a court or administrative order, under the conditions set out in

text: Article 10

text: , or

ordinal: b

text: convert the sentence, through a judicial or administrative procedure, into a decision of that State, thereby substituting for the sanction imposed in the sentencing State a sanction prescribed by the law of the administering State for the same offence, under the conditions set out in

text: Article 11

text: The competent authorities of the administering State shall:

text: The administering State, if requested, shall inform the sentencing State before the transfer of the sentenced person as to which of these procedures it will follow.

text: The enforcement of the sentence shall be governed by the law of the administering State and that State alone shall be competent to take all appropriate decisions.

text: Any State which, according to its national law, cannot avail itself of one of the procedures referred to in paragraph 1 to enforce measures imposed in the territory of another Party on persons who for reasons of mental condition have been held not criminally responsible for the commission of the offence, and which is prepared to receive such persons for further treatment may, by way of a declaration addressed to the Secretary General of the Council of Europe, indicate the procedures it will follow in such cases.

text: Article 9 – Effect of transfer for administering State

text: In the case of continued enforcement, the administering State shall be bound by the legal nature and duration of the sentence as determined by the sentencing State.

text: If, however, this sentence is by its nature or duration incompatible with the law of the administering State, or its law so requires, that State may, by a court or administrative order, adapt the sanction to the punishment or measure prescribed by its own law for a similar offence. As to its nature, the punishment or measure shall, as far as possible, correspond with that imposed by the sentence to be enforced. It shall not aggravate, by its nature or duration, the sanction imposed in the sentencing State, nor exceed the maximum prescribed by the law of the administering State.

text: Article 10 – Continued enforcement

text: In the case of conversion of sentence, the procedures provided for by the law of the administering State apply. When converting the sentence, the competent authority: a shall be bound by the findings as to the facts insofar as they appear explicitly or implicitly from the judgment imposed in the sentencing State; b may not convert a sanction involving deprivation of liberty to a pecuniary sanction; c shall deduct the full period of deprivation of liberty served by the sentenced person; and d shall not aggravate the penal position of the sentenced person, and shall not be bound by any minimum which the law of the administering State may provide for the offence or offences committed. 2 If the conversion procedure takes place after the transfer of the sentenced person, the administering State shall keep that person in custody or otherwise ensure his presence in the administering State pending the outcome of that procedure.

text: Article 11 – Conversion of sentence

text: Each Party may grant pardon, amnesty or commutation of the sentence in accordance with its Constitution or other laws.

text: Article 12 – Pardon, amnesty, commutation

text: The sentencing State alone shall have the right to decide on any application for review of the judgment.

text: Article 13 – Review of judgment

text: The administering State shall terminate enforcement of the sentence as soon as it is informed by the sentencing State of any decision or measure as a result of which the sentence ceases to be enforceable.

text: Article 14 – Termination of enforcement

text: The administering State shall provide information to the sentencing State concerning the enforcement of the sentence: a when it considers enforcement of the sentence to have been completed; b if the sentenced person has escaped from custody before enforcement of the sentence has been completed; or c if the sentencing State requests a special report.

text: Article 15 – Information on enforcement

text: A Party shall, in accordance with its law, grant a request for transit of a sentenced person through its territory if such a request is made by another Party and that State has agreed with another Party or with a third State to the transfer of that person to or from its territory.

text: if the sentenced person is one of its nationals, or

text: if the offence for which the sentence was imposed is not an offence under its own law.

text: A Party may refuse to grant transit:

text: Requests for transit and replies shall be communicated through the channels referred to in the provisions of Article 5.2 and 3.

text: A Party may grant a request for transit of a sentenced person through its territory made by a third State if that State has agreed with another Party to the transfer to or from its territory.

text: The Party requested to grant transit may hold the sentenced person in custody only for such time as transit through its territory requires.

text: The Party requested to grant transit may be asked to give an assurance that the sentenced person will not be prosecuted, or, except as provided in the preceding paragraph, detained, or otherwise subjected to any restriction on his liberty in the territory of the transit State for any offence committed or sentence imposed prior to his departure from the territory of the sentencing State.

text: No request for transit shall be required if transport is by air over the territory of a Party and no landing there is scheduled. However, each State may, by a declaration addressed to the Secretary General of the Council of Europe at the time of signature or of deposit of its instrument of ratification, acceptance, approval or accession, require that it be notified of any such transit over its territory.

text: Article 16 – Transit

text: Information under

text: Article 4

text: , paragraphs 2 to 4, shall be furnished in the language of the Party to which it is addressed or in one of the official languages of the Council of Europe.

text: Subject to paragraph 3 below, no translation of requests for transfer or of supporting documents shall be required.

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, require that requests for transfer and supporting documents be accompanied by a translation into its own language or into one of the official languages of the Council of Europe or into such one of these languages as it shall indicate. It may on that occasion declare its readiness to accept translations in any other language in addition to the official language or languages of the Council of Europe.

text: Except as provided in Article 6.2.a, documents transmitted in application of this Convention need not be certified.

text: Any costs incurred in the application of this Convention shall be borne by the administering State, except costs incurred exclusively in the territory of the sentencing State.

text: Article 17 – Language and costs

text: This Convention shall be open for signature by the member States of the Council of Europe and non-member States which have participated in its elaboration. It is 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 month following the expiration of a period of three months after the date on which three member States of the Council of Europe have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 1.

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

text: Article 18 – Signature and entry into force

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the Contracting States, may invite any State not a member of the Council and not mentioned in Article 18.1 to accede to this Convention, by a decision taken by the majority provided for in

text: Article 20

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

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

text: Article 19 – Accession by non-member States

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

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

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

text: Article 20 – Territorial application

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

text: Article 21 – Temporal application

text: This Convention does not affect the rights and undertakings derived from extradition treaties and other treaties on international co-operation in criminal matters providing for the transfer of detained persons for purposes of confrontation or testimony.

text: If two or more Parties have already concluded an agreement or treaty on the transfer of sentenced persons or otherwise have established their relations in this matter, or should they in future do so, they shall be entitled to apply that agreement or treaty or to regulate those relations accordingly, in lieu of the present Convention.

text: The present Convention does not affect the right of States party to the European Convention on the International Validity of Criminal Judgments to conclude bilateral or multilateral agreements with one another on matters dealt with in that Convention in order to supplement its provisions or facilitate the application of the principles embodied in it.

text: If a request for transfer falls within the scope of both the present Convention and the European Convention on the International Validity of Criminal Judgments or another agreement or treaty on the transfer of sentenced persons, the requesting State shall, when making the request, indicate on the basis of which instrument it is made.

text: Article 22 – Relationship to other Conventions and Agreements

text: The European Committee on Crime Problems of the Council of Europe shall be kept informed regarding the application of this Convention and shall do whatever is necessary to facilitate a friendly settlement of any difficulty which may arise out of its application.

text: Article 23 – Friendly settlement

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

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

text: The present Convention shall, however, continue to apply to the enforcement of sentences of persons who have been transferred in conformity with the provisions of the Convention before the date on which such a denunciation takes effect.

text: Article 24 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the non-member States which have participated in the elaboration of this Convention and any State which has acceded to this Convention of:

text: any signature;

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

text: any date of entry into force of this Convention in accordance with Articles 18.2 and 3, 19.2 and 20.2 and 3;

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

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

text: Done at Strasbourg, this 21st day of March 1983, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, and to any State invited to accede to it.

text: Article 25 – Notifications


identifier: ETS No. 113

reference: ETS No. 113

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

text: European Treaty Series - No. 113

text: Strasbourg, 21.III.1983

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

text: Paragraph 2 of Article 13 of the Agreement, as last modified by

text: Article 1

text: of the Additional Protocol of 14 January 1974, is replaced by the following text: "2 Nevertheless, as from 1 January 1990, no State may remain or become a Party to this Agreement unless it is also a Party to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations signed in Rome on 26 October 1961."

text: Article 1

text: This Additional Protocol shall be open for signature by member States of the Council of Europe which have signed or acceded to the Agreement, which may become Parties to this Additional Protocol by: a signature without reservation as to ratification, acceptance or approval, or b signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval. 2 Any State not a member of the Council which has acceded to the Agreement may also accede to this Additional Protocol. 3 Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary General of the Council of Europe.

text: ETS 113 – Television Broadcasts (Additional Protocol), 21.III.1983 __________________________________________________________________________________

text: Article 2

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

text: Article 2

text: Article 3

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

text: Article 4

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

text: Article 3

text: In witness whereof the undersigned being duly authorised thereto, have signed this Additional Protocol. Done at Strasbourg, this 21st day of March 1983, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to any State invited to accede to the Agreement and to the Director General of the World Intellectual Property Organisation.

text: Article 5


identifier: ETS No. 114

reference: ETS No. 114

title: Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty

text: SFS 1994:1219

text: European Treaty Series - No. 114

text: Fundamental Freedoms concerning the abolition of the death penalty

text: Strasbourg, 28.IV.1983

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

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

text: , signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention"), Considering that the evolution that has occurred in several member States of the Council of Europe expresses a general tendency in favour of abolition of the death penalty, Have agreed as follows:

text: The death penalty shall be abolished. No-one shall be condemned to such penalty or executed.

text: Article 1 – Abolition of the death penalty

text: A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate to the Secretary General of the Council of Europe the relevant provisions of that law.

text: Article 2 – Death penalty in time of war

text: No derogation from the provisions of this Protocol shall be made under Article 15 of the Convention.

text: Article 3 – Prohibition of derogations

text: No reservation may be made under Article 57 of the Convention in respect of the provisions of this Protocol.

text: Article 4 – Prohibition of reservations

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 Protocol shall apply. _____ (*) Headings of articles added and text amended according to the provisions of Protocol No. 11 (ETS No. 155) as from its entry into force on 1 November 1998. (1) Text amended according to the provisions of Protocol No. 11 (ETS No. 155).

text: ETS 114 – Human Rights (Protocol No. 6), 28.IV.1983 __________________________________________________________________________________

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

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

text: Article 5 – Territorial application

text: As between the States Parties the provisions of

text: Articles 1

text: to 5 of this Protocol shall be regarded as additional articles to the Convention and all the provisions of the Convention shall apply accordingly.

text: Article 6 – Relationship to the Convention

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

text: Article 7 – Signature and ratification

text: This Protocol shall enter into force on the first day of the month following the date on which five member States of the Council of Europe have expressed their consent to be bound by the Protocol in accordance with the provisions of

text: Article 7

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

text: Article 8 – Entry into force

text: The Secretary General of the Council of Europe shall notify the member States of the Council of:

text: any signature;

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

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

text: Articles 5

text: and 8;

ordinal: d

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

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

text: Done at Strasbourg, this 28th day of April 1983, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.

text: Article 9 – Depositary functions


identifier: ETS No. 115

reference: ETS No. 115

title: Protocol amending the European Agreement on the Restriction of the Use of certain Detergents in Washing and Cleaning Products

text: European Treaty Series - No. 115

text: Strasbourg, 25.X.1983

text: The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Federal Republic of Germany, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland,

text: Considering that the Parties to the Brussels Treaty of 17 March 1948, as amended on 23 October 1954, resolved to strengthen the social ties by which they are united and to make every effort in common, both by direct consultation and in specialised agencies, to raise the standard of living of their peoples and promote the harmonious development of social services in their respective countries;

text: Considering that the social activities governed by the Brussels Treaty and carried on, until 1959, under the auspices of the Brussels Treaty Organisation and the Western European Union are now conducted within the framework of the Council of Europe, in accordance with the decision taken on 21 October 1959 by the Council of the Western European Union and with Resolution (59) 23 adopted on 16 November 1959 by the Committee of Ministers of the Council of Europe;

text: Considering that the Swiss Confederation and the Kingdom of Denmark have participated since 6 May 1964 and 2 April 1968 respectively in activities in the field of public health carried on under the aforesaid resolution;

text: Having regard to the European Agreement on the restriction of the use of certain detergents in washing and cleaning products, signed at Strasbourg on 16 September 1968;

text: Noting that the Contracting Parties to the Agreement, meeting under

text: Article 3

text: thereof, have thought it desirable in the light of scientific and international developments that a number of amendments should be made to the Agreement,

text: Have agreed as follows:

text: A new

text: Article 1

text: reading as follows shall be included in the Agreement:

text: "This Agreement applies to any washing and cleaning product (detergent) the composition of which has been specially devised with a view to developing its detergent properties and which may be made up of surfactants, adjuvants, intensifying agents, fillers, additives and other auxiliary constituents."

text: ETS 115 – Restriction of the Use of certain Detergents (Protocol), 25.X.1983 __________________________________________________________________________________

text: Article 1

text: Article 2

text: of the Agreement shall have the following wording: "The use of products of the kind referred to in

text: Article 1

text: shall not, under conditions of normal use, adversely affect man and the environment."

text: Article 2

text: Article 1

text: of the Agreement shall become

text: Article 3

text: and shall have the following wording: "1 The Contracting Parties undertake to adopt measures as effective as possible in the light of the available techniques, including legislation if it is necessary, to ensure that in their respective territories: a no products of the kind referred to in

text: Article 1

text: are put on the market unless the anionic and non-ionic surfactants which they contain are at least 80% susceptible to biological degradation as determined by the best practical techniques, such as the OECD reference method or any other method providing equivalent results; b the same objectives be achieved when considered appropriate with regard to cationic and ampholytic surfactants; c appropriate measurement and control procedures are implemented to guarantee compliance with the provisions of sub-paragraphs a and b of this paragraph. 2 The Contracting Parties may exempt the following surfactants, in the absence of suitable substitutes, from the requirements of paragraph 1: a low-foaming alkene oxide additives on such substances as alcohols, alkylphenols, glycols, polyols, fatty acids, amides or amines, used in dish-washing products; b surfactants mentioned under sub-paragraph a of this paragraph, and alkali-resistant terminally blocked alkyl and alkyl-aryl polyglycol ethers, used in cleaning agents for the food, beverage and metal working industries."

text: Article 3

text: A new

text: Article 3

text: bis reading as follows, shall be inserted in the Agreement: "The Contracting Parties undertake to intensify their research leading to a better understanding and assessment of the biological degradability of surfactants and to encourage, where necessary, the research for phosphate substitutes." 2

text: Article 3

text: of the Agreement shall become

text: Article 3

text: ter.

text: Article 4

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

text: Article 5

text: This Protocol shall be open to signature by member States of the Council of Europe which are Parties to the Agreement. These States may express their consent to be bound by this Protocol by either: a signature without reservation in respect of ratification, acceptance or approval, or b signature with reservation in respect of ratification, acceptance or approval, followed by ratification, acceptance or approval. 2 Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: Article 6

text: Any State becoming a Party to the Agreement after the entry into force of this Protocol shall be regarded as being: a a Party to the Agreement as amended; and b a Party to the unamended Agreement vis-à-vis any other Party to the Agreement not bound by this Protocol.

text: Article 7

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

text: Article 6

text: . 2 In respect of any member State which subsequently expresses its consent to be bound by it, the Protocol shall enter into force on the first day of the month following the expiration of a period of two months after the date of the signature or of the deposit of the instrument of ratification, acceptance or approval.

text: Article 8

text: After the entry into force of this Protocol, any State not a member of the Council of Europe invited to accede to the Agreement in pursuance of the provisions of

text: Article 6

text: , paragraph 1.b, of the Agreement shall be regarded as being invited to accede to this Protocol. 2 In respect of any acceding State, the Protocol shall enter into force on the first day of the month following the expiration of a period of two months after the date of the deposit of the instrument of accession with the Secretary General of the Council of Europe.

text: Article 9

text: No Contracting Party may denounce this Protocol without at the same time denouncing the Agreement. Denunciation shall be notified to the Secretary General of the Council of Europe. 2 Denunciation of the Agreement unreservedly implies that of this Protocol. 3 Such denunciation shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.

text: Article 10

text: The Secretary General of the Council of Europe shall notify the member States of the Council, any State which has acceded to the Agreement and any State which has acceded to this Protocol 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 date of entry into force of this Protocol, in accordance with

text: Articles 8

text: and 9 thereof; e any notification received in pursuance of the provisions of

text: Article 10

text: of this Protocol 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 25th day of October 1983, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State invited to accede to the Agreement.

text: Article 11


identifier: ETS No. 116

reference: ETS No. 116

title: European Convention on the Compensation of Victims of Violent Crimes

text: European Treaty Series - No. 116

text: Strasbourg, 24.XI.1983

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 for reasons of equity and social solidarity it is necessary to deal with the situation of victims of intentional crimes of violence who have suffered bodily injury or impairment of health and of dependants of persons who have died as a result of such crimes; Considering that it is necessary to introduce or develop schemes for the compensation of these victims by the State in whose territory such crimes were committed, in particular when the offender has not been identified or is without resources; Considering that it is necessary to establish minimum provisions in this field; Having regard to Resolution (77) 27 of the Committee of Ministers of the Council of Europe on the compensation of victims of crime, Have agreed as follows:

text: Part I – Basic principles

type: rubrik

text: The Parties undertake to take the necessary steps to give effect to the principles set out in Part I of this Convention.

text: Article 1

text: When compensation is not fully available from other sources the State shall contribute to compensate: a those who have sustained serious bodily injury or impairment of health directly attributable to an intentional crime of violence; b the dependants of persons who have died as a result of such crime. 2 Compensation shall be awarded in the above cases even if the offender cannot be prosecuted or punished.

text: ETS 116 – Compensation of Victims of Crimes, 24.XI.1983 __________________________________________________________________________________

text: Article 2

text: Compensation shall be paid by the State on whose territory the crime was committed: a to nationals of the States party to this Convention; b to nationals of all member States of the Council of Europe who are permanent residents in the State on whose territory the crime was committed.

text: Article 3

text: Compensation shall cover, according to the case under consideration, at least the following items: loss of earnings, medical and hospitalisation expenses and funeral expenses, and, as regards dependants, loss of maintenance.

text: Article 4

text: The compensation scheme may, if necessary, set for any or all elements of compensation an upper limit above which and a minimum threshold below which such compensation shall not be granted.

text: Article 5

text: The compensation scheme may specify a period within which any application for compensation must be made.

text: Article 6

text: Compensation may be reduced or refused on account of the applicant's financial situation.

text: Article 7

text: Compensation may be reduced or refused on account of the victim's or the applicant's conduct before, during or after the crime, or in relation to the injury or death. 2 Compensation may also be reduced or refused on account of the victim's or the applicant's involvement in organised crime or his membership of an organisation which engages in crimes of violence. 3 Compensation may also be reduced or refused if an award or a full award would be contrary to a sense of justice or to public policy (ordre public).

text: Article 8

text: With a view to avoiding double compensation, the State or the competent authority may deduct from the compensation awarded or reclaim from the person compensated any amount of money received, in consequence of the injury or death, from the offender, social security or insurance, or coming from any other source.

text: Article 9

text: The State or the competent authority may be subrogated to the rights of the person compensated for the amount of the compensation paid.

text: Article 10

text: Each Party shall take appropriate steps to ensure that information about the scheme is available to potential applicants.

text: Article 11

text: Part II – International co-operation

text: Subject to the application of bilateral or multilateral agreements on mutual assistance concluded between Contracting States, the competent authorities of each Party shall, at the request of the appropriate authorities of any other Party, give the maximum possible assistance in connection with the matters covered by this Convention. To this end, each Contracting State shall designate a central authority to receive, and to take action on, requests for such assistance, and shall inform thereof the Secretary General of the Council of Europe when depositing its instrument of ratification, acceptance, approval or accession.

text: Article 12

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

text: To this end, each Party shall transmit to the Secretary General of the Council of Europe any relevant information about its legislative or regulatory provisions concerning the matters covered by the Convention.

text: Article 13

text: Part III – Final clauses

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

text: Article 14

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

text: Article 14

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

text: Article 15

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

text: Article 20

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

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

text: Article 16

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

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

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

text: Article 17

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it avails itself of one or more reservations.

text: Any Contracting State which has made a reservation under the preceding paragraph may wholly or partly withdraw it by means of a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect on the date of receipt of such notification by the Secretary General.

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

text: Article 18

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

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

text: Article 19

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:

text: any signature;

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

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

text: Articles 15

text: , 16 and 17;

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

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

text: Done at Strasbourg, this 24th day of November 1983, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State invited to accede to this Convention.

text: Article 20


identifier: ETS No. 117

reference: ETS No. 117

title: Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms

text: SFS 1994:1219

text: European Treaty Series - No. 117

text: Fundamental Freedoms

text: Strasbourg, 22.XI.1984

text: The member States of the Council of Europe signatory hereto, Being resolved to take further steps to ensure the collective enforcement of certain rights and freedoms by means of the

text: signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention"), Have agreed as follows:

text: An alien lawfully resident in the territory of a State shall not be expelled therefrom except in pursuance of a decision reached in accordance with law and shall be allowed: a to submit reasons against his expulsion, b to have his case reviewed, and c to be represented for these purposes before the competent authority or a person or persons designated by that authority. 2 An alien may be expelled before the exercise of his rights under paragraph 1.a, b and c of this article, when such expulsion is necessary in the interests of public order or is grounded on reasons of national security.

text: Article 1 – Procedural safeguards relating to expulsion of aliens

text: Everyone convicted of a criminal offence by a tribunal shall have the right to have his conviction or sentence reviewed by a higher tribunal. The exercise of this right, including the grounds on which it may be exercised, shall be governed by law. 2 This right may be subject to exceptions in regard to offences of a minor character, as prescribed by law, or in cases in which the person concerned was tried in the first instance by the highest tribunal or was convicted following an appeal against acquittal.

text: _____ (*) Headings of articles added and text amended according to the provisions of Protocol No. 11 (ETS No. 155) as from its entry into force on 1 November 1998.

text: ETS 117 – Human Rights (Protocol No. 7), 22.XI.1984 __________________________________________________________________________________

text: Article 2 – Right of appeal in criminal matters

text: When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed, or he has been pardoned, on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to the law or the practice of the State concerned, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

text: Article 3 – Compensation for wrongful conviction

text: No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State.

text: The provisions of the preceding paragraph shall not prevent the reopening of the case in accordance with the law and penal procedure of the State concerned, if there is evidence of new or newly discovered facts, or if there has been a fundamental defect in the previous proceedings, which could affect the outcome of the case.

text: No derogation from this article shall be made under Article 15 of the Convention.

text: Article 4 – Right not to be tried or punished twice

text: Spouses shall enjoy equality of rights and responsibilities of a private law character between them, and in their relations with their children, as to marriage, during marriage and in the event of its dissolution. This article shall not prevent States from taking such measures as are necessary in the interests of the children.

text: Article 5 – Equality between spouses

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 the Protocol shall apply and state the extent to which it undertakes that the provisions of this Protocol shall apply to such territory or territories.

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

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

text: A declaration made in accordance with this article shall be deemed to have been made in accordance with paragraph 1 of Article 56 of the Convention.

text: _____ (1) Text amended according to the provisions of Protocol No. 11 (ETS No. 155).

text: The territory of any State to which this Protocol applies by virtue of ratification, acceptance or approval by that State, and each territory to which this Protocol is applied by virtue of a declaration by that State under this article, may be treated as separate territories for the purpose of the reference in

text: Article 1

text: to the territory of a State.

text: Any State which has made a declaration in accordance with paragraph 1 or 2 of this article may at any time thereafter declare on behalf of one or more of the territories to which the declaration relates that it accepts the competence of the Court to receive applications from individuals, non-governmental organisations or groups of individuals as provided in Article 34 of the Convention in respect of

text: Articles 1

text: to 5 of this Protocol.

text: Article 6 – Territorial application

text: As between the States Parties, the provisions of

text: Articles 1

text: to 6 of this Protocol shall be regarded as additional Articles to the Convention, and all the provisions of the Convention shall apply accordingly.

text: Article 7 – Relationship to the Convention

text: This Protocol shall be open for signature by member States of the Council of Europe which have signed the Convention. It is subject to ratification, acceptance or approval. A member State of the Council of Europe may not ratify, accept or approve this Protocol without previously or simultaneously ratifying the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: Article 8 – Signature and ratification

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

text: Article 8

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

text: Article 9 – Entry into force

text: The Secretary General of the Council of Europe shall notify all the member States of the Council of Europe of:

text: any signature;

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

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

text: Articles 6

text: and 9;

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

text: _____ (1) Text added according to the provisions of Protocol No. 11 (ETS No. 155). (2) Text amended according to the provisions of Protocol No. 11 (ETS No. 155).

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

text: Done at Strasbourg, this 22nd day of November 1984, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.

text: Article 10 – Depositary functions


identifier: ETS No. 118

openingPlace: Vienna

reference: ETS No. 118

title: Protocol No. 8 to the Convention for the Protection of Human Rights and Fundamental Freedoms

text: European Treaty Series - No. 118

text: Fundamental Freedoms

text: Vienna, 19.III.1985

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

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

text: , signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention"),

text: Considering that it is desirable to amend certain provisions of the Convention with a view to improving and in particular to expediting the procedure of the European Commission of Human Rights;

text: Considering that it is also advisable to amend certain provisions of the Convention concerning the procedure of the European Court of Human Rights,

text: Have agreed as follows:

text: The existing text of Article 20 of the Convention shall become paragraph 1 of that article and shall be supplemented by the following four paragraphs:

text: "2 The Commission shall sit in plenary session. It may, however, set up Chambers, each composed of at least seven members. The Chambers may examine petitions submitted under Article 25 of this Convention which can be dealt with on the basis of established case law or which raise no serious question affecting the interpretation or application of the Convention. Subject to this restriction and to the provisions of paragraph 5 of this article, the Chambers shall exercise all the powers conferred on the Commission by the Convention.

text: The member of the Commission elected in respect of a High Contracting Party against which a petition has been lodged shall have the right to sit on a Chamber to which that petition has been referred.

text: The Commission may set up committees, each composed of at least three members, with the power, exercisable by a unanimous vote, to declare inadmissible or strike from its list of cases a petition submitted under Article 25, when such a decision can be taken without further examination.

text: A Chamber or committee may at any time relinquish jurisdiction in favour of the plenary Commission, which may also order the transfer to it of any petition referred to a Chamber or committee.

text: _____ (*) The original text of the Convention had been amended according to the text of Protocol No. 8 which entered into force on 1 January 1990. All provisions which had been amended by this Protocol are replaced by Protocol No. 11 (ETS No. 155), as from the date of its entry into force, on 1 November 1998.

text: ETS 118 – Human Rights (Protocol No. 8), 19.III.1985 __________________________________________________________________________________

text: Only the plenary Commission can exercise the following powers: a the examination of applications submitted under Article 24; b the bringing of a case before the Court in accordance with Article 48.a; c the drawing up of rules of procedure in accordance with Article 36."

text: Article 1

text: Article 21 of the Convention shall be supplemented by the following third paragraph: "3 The candidates shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be persons of recognised competence in national or international law."

text: Article 2

text: Article 23 of the Convention shall be supplemented by the following sentence: "During their term of office they shall not hold any position which is incompatible with their independence and impartiality as members of the Commission or the demands of this office."

text: Article 3

text: The text, with modifications, of Article 28 of the Convention shall become paragraph 1 of that article and the text, with modifications, of Article 30 shall become paragraph 2. The new text of Article 28 shall read as follows:

text: "Article 28

text: In the event of the Commission accepting a petition referred to it: a it shall, with a view to ascertaining the facts, undertake together with the representatives of the parties an examination of the petition and, if need be, an investigation, for the effective conduct of which the States concerned shall furnish all necessary facilities, after an exchange of views with the Commission; b it shall at the same time place itself at the disposal of the parties concerned with a view to securing a friendly settlement of the matter on the basis of respect for human rights as defined in this Convention; 2 If the Commission succeeds in effecting a friendly settlement, it shall draw up a report which shall be sent to the States concerned, to the Committee of Ministers and to the Secretary General of the Council of Europe for publication. This report shall be confined to a brief statement of the facts and of the solution reached."

text: Article 4

text: In the first paragraph of Article 29 of the Convention, the word "unanimously" shall be replaced by the words "by a majority of two-thirds of its members".

text: Article 5

text: The following provision shall be inserted in the Convention:

text: "Article 30

text: The Commission may at any stage of the proceedings decide to strike a petition out of its list of cases where the circumstances lead to the conclusion that: a the applicant does not intend to pursue his petition, or b the matter has been resolved, or c for any other reason established by the Commission, it is no longer justified to continue the examination of the petition. However, the Commission shall continue the examination of a petition if respect for human rights as defined in this Convention so requires. 2 If the Commission decides to strike a petition out of its list after having accepted it, it shall draw up a report which shall contain a statement of the facts and the decision striking out the petition together with the reasons therefor. The report shall be transmitted to the parties, as well as to the Committee of Ministers for information. The Commission may publish it. 3 The Commission may decide to restore a petition to its list of cases if it considers that the circumstances justify such a course."

text: Article 6

text: In Article 31 of the Convention, paragraph 1 shall read as follows: "1 If the examination of a petition has not been completed in accordance with Article 28 (paragraph 2), 29 or 30, the Commission shall draw up a report on the facts and state its opinion as to whether the facts found disclose a breach by the State concerned of its obligations under the Convention. The individual opinions of members of the Commission on this point may be stated in the report."

text: Article 7

text: Article 34 of the Convention shall read as follows: "Subject to the provisions of articles 20 (paragraph 3) and 29, the Commission shall take its decision by a majority of the members present and voting."

text: Article 8

text: Article 40 of the Convention shall be supplemented by the following seventh paragraph: "7 The members of the Court shall sit on the Court in their individual capacity. During their term of office they shall not hold any position which is incompatible with their independence and impartiality as members of the Court or the demands of this office."

text: Article 9

text: Article 41 of the Convention shall read as follows: "The Court shall elect its President and one or two Vice-Presidents for a period of three years. They may be re-elected."

text: Article 10

text: In the first sentence of Article 43 of the Convention, the word "seven" shall be replaced by the word "nine".

text: Article 11

text: This Protocol shall be open for signature by member States of the Council of Europe signatories to the Convention, which may express their consent to be bound by: a signature without reservation as to ratification, acceptance or approval, or b signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval. 2 Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: Article 12

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

text: Article 12

text: Article 13

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 the date of entry into force of this Protocol in accordance with

text: Article 13

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

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol. Done at Vienna, this 19th day of March 1985, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.

text: Article 14