identifier: ETS No. 147

reference: ETS No. 147

title: European Convention on Cinematographic Co-Production

text: European Treaty Series - No. 147

text: European Convention on Cinematographic Co-production

text: Strasbourg, 2.X.1992

text: Preamble

text: The member States of the Council of Europe and the other States party to the European Cultural Convention, signatory hereto,

text: Considering that the aim of the Council of Europe is to achieve a greater unity between its members in order, in particular, to safeguard and promote the ideals and principles which form their common heritage;

text: Considering that freedom of creation and freedom of expression constitute fundamental elements of these principles;

text: Considering that the defence of cultural diversity of the various European countries is one of the aims of the European Cultural Convention;

text: Considering that cinematographic co-production, an instrument of creation and expression of cultural diversity on a European scale, should be reinforced;

text: Determined to develop these principles and recalling the recommendations of the Committee of Ministers on the cinema and the audiovisual field, and particularly Recommendation No. R (86) 3 on the promotion of audiovisual production in Europe;

text: Acknowledging that the creation of the European Fund for the Support of Co-production and Distribution of Creative Cinematographic and Audiovisual Works, Eurimages, meets the concern encouraging European cinematographic co-production and that a new driving force has thus been given to the development of cinematographic co-productions in Europe;

text: Resolved to achieve this cultural objective thanks to a common effort to increase production and define the rules which adapt themselves to European multilateral cinematographic coproductions as a whole;

text: Considering that the adoption of common rules tends to decrease restrictions and encourage European co-operation in the field of cinematographic co-production,

text: Have agreed as follows:

text: _____ (*) The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community entered into force on 1 December 2009. As a consequence, as from that date, any reference to the European Economic Community shall be read as the European Union.

text: ETS 147 – Cinematographic Co-production, 2.X.1992 __________________________________________________________________________________

text: Chapter I – General provisions

text: The Parties to this Convention undertake to promote the development of European cinematographic co-production in accordance with the following provisions.

text: Article 1 – Aim of the Convention

text: This Convention shall govern relations between the Parties in the field of multilateral coproductions originating in the territory of the Parties.

text: to co-productions involving at least three co-producers, established in three different Parties to the Convention; and

text: to co-productions involving at least three co-producers established in three different Parties to the Convention and one or more co-producers who are not established in such Parties. The total contribution of the co-producers who are not established in the Parties to the Convention may not, however, exceed 30% of the total cost of the production.

text: This Convention shall apply:

text: In all cases, this Convention shall only apply on condition that the co-produced work meets the definition of a European cinematographic work as defined in

text: Article 3

text: , paragraph 3, below.

text: The provisions of bilateral agreements concluded between the Parties to this Convention shall continue to apply to bilateral co-productions.

text: In the case of multilateral co-productions, the provisions of this Convention shall override those of bilateral agreements between Parties to the Convention. The provisions concerning bilateral co-productions shall remain in force if they do not contravene the provisions of this Convention.

text: In the absence of any agreement governing bilateral co-production relations between two Parties to this Convention, the Convention shall also apply to bilateral co-productions, unless a reservation has been made by one of the Parties involved under the terms of

text: Article 20

text: Article 2 – Scope

text: For the purposes of this Convention:

text: the term "cinematographic work" shall mean a work of any length or medium, in particular cinematographic works of fiction, cartoons and documentaries, which complies with the provisions governing the film industry in force in each of the Parties concerned and is intended to be shown in cinemas;

text: the term "co-producers" shall mean cinematographic production companies or producers established in the Parties to this Convention and bound by a co-production contract;

text: the term "European cinematographic work" shall mean a cinematographic work which meets the conditions laid down in Appendix II, which is an integral part of this Convention;

text: the term "multilateral co-production" shall mean a cinematographic work produced by at least three co-producers as defined in

text: Article 2

text: , paragraph 2, above.

text: Article 3 – Definitions

text: Chapter II – Rules applicable to co-productions

text: European cinematographic works made as multilateral co-productions and falling within the scope of this Convention shall be entitled to the benefits granted to national films by the legislative and regulatory provisions in force in each of the Parties to this Convention participating in the co-production concerned.

text: The benefits shall be granted to each co-producer by the Party in which the co-producer is established, under the conditions and limits provided for by the legislative and regulatory provisions in force in that Party and in accordance with the provisions of this Convention.

text: Article 4 – Assimilation to national films

text: Any co-production of cinematographic works shall be subject to the approval of the competent authorities of the Parties in which the co-producers are established, after consultation between the competent authorities and in accordance with the procedures laid down in Appendix I. This appendix shall form an integral part of this Convention.

text: Applications for co-production status shall be submitted for approval to the competent authorities according to the application procedure laid down in Appendix I. This approval shall be final except in the case of failure to comply with the initial undertakings concerning artistic, financial and technical matters.

text: Projects of a blatantly pornographic nature or those that advocate violence or openly offend human dignity cannot be accorded co-production status.

text: The benefits provided by co-production status shall be granted to co-producers who are deemed to possess adequate technical and financial means, and sufficient professional qualifications.

text: Each Contracting State shall designate the competent authorities mentioned in paragraph 2 above by means of a declaration made at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession. This declaration may be modified at any later date.

text: Article 5 – Conditions for obtaining co-production status

text: In the case of multilateral co-production, the minimum contribution may not be less than 10% and the maximum contribution may not exceed 70% of the total production cost of the cinematographic work. When the minimum contribution is less than 20%, the Party concerned may take steps to reduce or bar access to national production support schemes.

text: When this Convention takes the place of a bilateral agreement between two Parties under the provisions of

text: Article 2

text: , paragraph 4, the minimum contribution may not be less than 20% and the largest contribution may not exceed 80% of the total production cost of the cinematographic work.

text: Article 6 – Proportions of contributions from each co-producer

text: The co-production contract must guarantee to each co-producer joint ownership of the original picture and sound negative. The contract shall include the provision that this negative shall be kept in a place mutually agreed by the co-producers, and shall guarantee them free access to it.

text: The co-production contract must also guarantee to each co-producer the right to an internegative or to any other medium of duplication.

text: Article 7 – Rights of co-producers

text: The contribution of each of the co-producers shall include effective technical and artistic participation. In principle, and in accordance with international obligations binding the Parties, the contribution of the co-producers relating to creative, technical and artistic personnel, cast and facilities, must be proportional to their investment.

text: Subject to the international obligations binding the Parties and to the demands of the screenplay, the technical and craft team involved in filming the work must be made up of nationals of the States which are partners in the co-production, and post-production shall normally be carried out in those States.

text: Article 8 – Technical and artistic participation

text: include one or more minority contributions which may be financial only, in accordance with the co-production contract, provided that each national share is neither less than 10% nor more than 25% of the production costs;

text: include a majority co-producer who makes an effective technical and artistic contribution and satisfies the conditions for the cinematographic work to be recognised as a national work in his country;

text: help to promote a European identity; and

text: are embodied in co-production contracts which include provisions for the distribution of receipts.

text: Notwithstanding the provisions of

text: Article 8

text: , and subject to the specific conditions and limits laid down in the laws and regulations in force in the Parties, co-productions may be granted co-production status under the provisions of this Convention if they meet the following conditions:

text: Financial co-productions shall only qualify for co-production status once the competent authorities have given their approval in each individual case, in particular taking into account the provisions of

text: Article 10

text: below.

text: Article 9 – Financial co-productions

text: A general balance must be maintained in the cinematographic relations of the Parties, with regard both to the total amount invested and the artistic and technical participation in coproduction cinematographic works.

text: A Party which, over a reasonable period, observes a deficit in its co-production relations with one or more other Parties may, with a view to maintaining its cultural identity, withhold its approval of a subsequent co-production until balanced cinematographic relations with that or those Parties have been restored.

text: Article 10 – General balance

text: In accordance with the laws and regulations and international obligations in force, each Party shall facilitate entry and residence, as well as the granting of work permits in its territory, of technical and artistic personnel from other Parties participating in a co-production. Similarly, each Party shall permit the temporary import and re-export of equipment necessary to the production and distribution of cinematographic works falling within the scope of this Convention.

text: Article 11 – Entry and residence

text: Co-producing countries shall be credited in co-produced cinematographic works.

text: The names of these countries shall be clearly mentioned in the credit titles, in all publicity and promotion material and when the cinematographic works are being shown.

text: Article 12 – Credits of co-producing countries

text: When a co-produced cinematographic work is exported to a country where imports of cinematographic works are subject to quotas, and one of the co-producing Parties does not have the right of free entry for his cinematographic works to the importing country:

text: the cinematographic work shall normally be added to the quota of the country which has the majority participation;

text: in the case of a cinematographic work which comprises an equal participation from different countries, the cinematographic work shall be added to the quota of the country which has the best opportunities for exporting to the importing country;

text: when the provisions of sub-paragraphs a and b above cannot be applied, the cinematographic work shall be entered in the quota of the Party which provides the director.

text: Article 13 – Export

text: When according co-production status, the competent authority of a Party may demand from the co-producer established therein a final version of the cinematographic work in one of the languages of that Party.

text: Article 14 – Languages

text: Unless the co-producers decide otherwise, co-produced cinematographic works shall be shown at international festivals by the Party where the majority co-producer is established, or, in the case of equal financial participation, by the Party which provides the director.

text: Article 15 – Festivals

text: Chapter III – Final provisions

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

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

text: This Convention shall be open for signature by the member States of the Council of Europe and the other States party to the European Cultural Convention which may express their consent to be bound by:

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

text: Article 16 – Signature, ratification, acceptance, approval

text: 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 on which five States, including at least four 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 16

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 signature or of the deposit of the instrument of ratification, acceptance or approval.

text: Article 17 – Entry into force

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any European State not a member of the Council of Europe as well as the European Economic Community 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 of Ministers.

text: In respect of any acceding State or of the European Economic Community, in the event of its accession, 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 18 – Accession of 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 Party 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 19 – Territorial clause

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that

text: Article 2

text: , paragraph 4, does not apply to its bilateral co-production relations with one or more Parties. Moreover, it may reserve the right to fix a maximum participation share different from that laid down in

text: Article 9

text: , paragraph 1.a. No other reservation may be made.

text: Any Party which has made a reservation under the preceding paragraph may wholly or partly withdraw it by means of a notification addressed to 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: Article 20 – Reservations

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. 2 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 21 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council, as well as any State and the European Economic Community which may accede to this Convention or may be invited to do so, of: a any signature; b the deposit of any instrument of ratification, acceptance, approval or accession; c any date of entry into force of this Convention in accordance with

text: Articles 17

text: , 18 and 19; d any declaration made in accordance with

text: Article 5

text: , paragraph 5; e any denunciation notified in accordance with

text: Article 21

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

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Strasbourg, this 2nd day of October 1992, 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 the States mentioned in

text: Article 16

text: , paragraph 1, as well as to any State and to the European Economic Community which may be invited to accede to this Convention.

text: Article 22 – Notifications


doctype: treaty

identifier: ETS No. 148

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: ETS No. 148

title: European Charter for Regional or Minority Languages

text: European Treaty Series - No. 148

type: stycke

text: European Charter for Regional or Minority Languages

text: Strasbourg, 5.XI.1992

text: Preamble

text: The member States of the Council of Europe signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members, particularly for the purpose of safeguarding and realising the ideals and principles which are their common heritage; Considering that the protection of the historical regional or minority languages of Europe, some of which are in danger of eventual extinction, contributes to the maintenance and development of Europe's cultural wealth and traditions; Considering that the right to use a regional or minority language in private and public life is an inalienable right conforming to the principles embodied in the United Nations

text: International Covenant on Civil and Political Rights

text: , and according to the spirit of the Council of Europe

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

text: ; Having regard to the work carried out within the CSCE and in particular to the Helsinki Final Act of 1975 and the document of the Copenhagen Meeting of 1990; Stressing the value of interculturalism and multilingualism and considering that the protection and encouragement of regional or minority languages should not be to the detriment of the official languages and the need to learn them; Realising that the protection and promotion of regional or minority languages in the different countries and regions of Europe represent an important contribution to the building of a Europe based on the principles of democracy and cultural diversity within the framework of national sovereignty and territorial integrity; Taking into consideration the specific conditions and historical traditions in the different regions of the European States, Have agreed as follows:

text: Part I – General provisions

type: rubrik

text: For the purposes of this Charter: a "regional or minority languages" means languages that are:

text: ETS 148 – Regional or Minority Languages, 5.XI.1992 __________________________________________________________________________________

ordinal: i

text: traditionally used within a given territory of a State by nationals of that State who form a group numerically smaller than the rest of the State's population; and

type: punkt

text: ii different from the official language(s) of that State;

text: it does not include either dialects of the official language(s) of the State or the languages of migrants;

ordinal: b

text: "territory in which the regional or minority language is used" means the geographical area in which the said language is the mode of expression of a number of people justifying the adoption of the various protective and promotional measures provided for in this Charter;

ordinal: c

text: "non-territorial languages" means languages used by nationals of the State which differ from the language or languages used by the rest of the State's population but which, although traditionally used within the territory of the State, cannot be identified with a particular area thereof.

text: Article 1 – Definitions

type: artikel

text: Each Party undertakes to apply the provisions of Part II to all the regional or minority languages spoken within its territory and which comply with the definition in

text: Article 1

text: In respect of each language specified at the time of ratification, acceptance or approval, in accordance with

text: Article 3

text: , each Party undertakes to apply a minimum of thirty-five paragraphs or sub-paragraphs chosen from among the provisions of Part III of the Charter, including at least three chosen from each of the

text: Articles 8

text: and 12 and one from each of the

text: Articles 9

text: , 10, 11 and 13.

text: Article 2 – Undertakings

text: Each Contracting State shall specify in its instrument of ratification, acceptance or approval, each regional or minority language, or official language which is less widely used on the whole or part of its territory, to which the paragraphs chosen in accordance with

text: Article 2

text: , paragraph 2, shall apply.

text: Any Party may, at any subsequent time, notify the Secretary General that it accepts the obligations arising out of the provisions of any other paragraph of the Charter not already specified in its instrument of ratification, acceptance or approval, or that it will apply paragraph 1 of the present article to other regional or minority languages, or to other official languages which are less widely used on the whole or part of its territory.

text: The undertakings referred to in the foregoing paragraph shall be deemed to form an integral part of the ratification, acceptance or approval and will have the same effect as from their date of notification.

text: Article 3 – Practical arrangements

text: Nothing in this Charter shall be construed as limiting or derogating from any of the rights guaranteed by the

text: European Convention on Human Rights

text: The provisions of this Charter shall not affect any more favourable provisions concerning the status of regional or minority languages, or the legal regime of persons belonging to minorities which may exist in a Party or are provided for by relevant bilateral or multilateral international agreements.

text: Article 4 – Existing regimes of protection

text: Nothing in this Charter may be interpreted as implying any right to engage in any activity or perform any action in contravention of the purposes of the Charter of the United Nations or other obligations under international law, including the principle of the sovereignty and territorial integrity of States.

text: Article 5 – Existing obligations

text: The Parties undertake to see to it that the authorities, organisations and persons concerned are informed of the rights and duties established by this Charter.

text: Article 6 – Information

text: Part II – Objectives and principles pursued in accordance with

text: Article 2

text: , paragraph 1

ordinal: a

text: the recognition of the regional or minority languages as an expression of cultural wealth;

text: the respect of the geographical area of each regional or minority language in order to ensure that existing or new administrative divisions do not constitute an obstacle to the promotion of the regional or minority language in question;

text: the need for resolute action to promote regional or minority languages in order to safeguard them;

ordinal: d

text: the facilitation and/or encouragement of the use of regional or minority languages, in speech and writing, in public and private life;

ordinal: e

text: the maintenance and development of links, in the fields covered by this Charter, between groups using a regional or minority language and other groups in the State employing a language used in identical or similar form, as well as the establishment of cultural relations with other groups in the State using different languages;

ordinal: f

text: the provision of appropriate forms and means for the teaching and study of regional or minority languages at all appropriate stages;

ordinal: g

text: the provision of facilities enabling non-speakers of a regional or minority language living in the area where it is used to learn it if they so desire;

ordinal: h

text: the promotion of study and research on regional or minority languages at universities or equivalent institutions;

text: the promotion of appropriate types of transnational exchanges, in the fields covered by this Charter, for regional or minority languages used in identical or similar form in two or more States.

text: In respect of regional or minority languages, within the territories in which such languages are used and according to the situation of each language, the Parties shall base their policies, legislation and practice on the following objectives and principles:

text: The Parties undertake to eliminate, if they have not yet done so, any unjustified distinction, exclusion, restriction or preference relating to the use of a regional or minority language and intended to discourage or endanger the maintenance or development of it. The adoption of special measures in favour of regional or minority languages aimed at promoting equality between the users of these languages and the rest of the population or which take due account of their specific conditions is not considered to be an act of discrimination against the users of more widely-used languages.

text: The Parties undertake to promote, by appropriate measures, mutual understanding between all the linguistic groups of the country and in particular the inclusion of respect, understanding and tolerance in relation to regional or minority languages among the objectives of education and training provided within their countries and encouragement of the mass media to pursue the same objective.

text: In determining their policy with regard to regional or minority languages, the Parties shall take into consideration the needs and wishes expressed by the groups which use such languages. They are encouraged to establish bodies, if necessary, for the purpose of advising the authorities on all matters pertaining to regional or minority languages.

text: The Parties undertake to apply, mutatis mutandis, the principles listed in paragraphs 1 to 4 above to non-territorial languages. However, as far as these languages are concerned, the nature and scope of the measures to be taken to give effect to this Charter shall be determined in a flexible manner, bearing in mind the needs and wishes, and respecting the traditions and characteristics, of the groups which use the languages concerned.

text: Article 7 – Objectives and principles

text: Part III – Measures to promote the use of regional or minority languages in public life in accordance with the undertakings entered into under

text: Article 2

text: , paragraph 2

text: i to make available pre-school education in the relevant regional or minority languages; or

text: i to make available primary education in the relevant regional or minority languages; or

text: i to make available secondary education in the relevant regional or minority languages; or

text: i to make available technical and vocational education in the relevant regional or minority languages; or

text: i to make available university and other higher education in regional or minority languages; or

text: i to arrange for the provision of adult and continuing education courses which are taught mainly or wholly in the regional or minority languages; or

text: to make arrangements to ensure the teaching of the history and the culture which is reflected by the regional or minority language;

text: to provide the basic and further training of the teachers required to implement those of paragraphs a to g accepted by the Party;

text: to set up a supervisory body or bodies responsible for monitoring the measures taken and progress achieved in establishing or developing the teaching of regional or minority languages and for drawing up periodic reports of their findings, which will be made public.

text: With regard to education, the Parties undertake, within the territory in which such languages are used, according to the situation of each of these languages, and without prejudice to the teaching of the official language(s) of the State:

text: ii to make available a substantial part of pre-school education in the relevant regional or minority languages; or

text: iii to apply one of the measures provided for under i and ii above at least to those pupils whose families so request and whose number is considered sufficient; or

text: iv if the public authorities have no direct competence in the field of pre-school education, to favour and/or encourage the application of the measures referred to under i to iii above;

text: ii to make available a substantial part of primary education in the relevant regional or minority languages; or

text: iii to provide, within primary education, for the teaching of the relevant regional or minority languages as an integral part of the curriculum; or

text: iv to apply one of the measures provided for under i to iii above at least to those pupils whose families so request and whose number is considered sufficient;

text: ii to make available a substantial part of secondary education in the relevant regional or minority languages; or

text: iii to provide, within secondary education, for the teaching of the relevant regional or minority languages as an integral part of the curriculum; or

text: iv to apply one of the measures provided for under i to iii above at least to those pupils who, or where appropriate whose families, so wish in a number considered sufficient;

text: ii to make available a substantial part of technical and vocational education in the relevant regional or minority languages; or

text: iii to provide, within technical and vocational education, for the teaching of the relevant regional or minority languages as an integral part of the curriculum; or

text: ii to provide facilities for the study of these languages as university and higher education subjects; or

text: iii if, by reason of the role of the State in relation to higher education institutions, subparagraphs i and ii cannot be applied, to encourage and/or allow the provision of university or other forms of higher education in regional or minority languages or of facilities for the study of these languages as university or higher education subjects;

text: ii to offer such languages as subjects of adult and continuing education; or

text: iii if the public authorities have no direct competence in the field of adult education, to favour and/or encourage the offering of such languages as subjects of adult and continuing education;

text: With regard to education and in respect of territories other than those in which the regional or minority languages are traditionally used, the Parties undertake, if the number of users of a regional or minority language justifies it, to allow, encourage or provide teaching in or of the regional or minority language at all the appropriate stages of education.

text: Article 8 – Education

text: in criminal proceedings:

text: to provide that the courts, at the request of one of the parties, shall conduct the proceedings in the regional or minority languages; and/or

text: in civil proceedings:

text: in proceedings before courts concerning administrative matters:

text: to take steps to ensure that the application of sub-paragraphs i and iii of paragraphs b and c above and any necessary use of interpreters and translations does not involve extra expense for the persons concerned.

text: The Parties undertake, in respect of those judicial districts in which the number of residents using the regional or minority languages justifies the measures specified below, according to the situation of each of these languages and on condition that the use of the facilities afforded by the present paragraph is not considered by the judge to hamper the proper administration of justice:

text: ii to guarantee the accused the right to use his/her regional or minority language; and/or

text: iii to provide that requests and evidence, whether written or oral, shall not be considered inadmissible solely because they are formulated in a regional or minority language; and/or

text: iv to produce, on request, documents connected with legal proceedings in the relevant regional or minority language,

text: if necessary by the use of interpreters and translations involving no extra expense for the persons concerned;

text: ii to allow, whenever a litigant has to appear in person before a court, that he or she may use his or her regional or minority language without thereby incurring additional expense; and/or

text: iii to allow documents and evidence to be produced in the regional or minority languages,

text: if necessary by the use of interpreters and translations;

text: not to deny the validity of legal documents drawn up within the State solely because they are drafted in a regional or minority language; or

text: not to deny the validity, as between the parties, of legal documents drawn up within the country solely because they are drafted in a regional or minority language, and to provide that they can be invoked against interested third parties who are not users of these languages on condition that the contents of the document are made known to them by the person(s) who invoke(s) it; or

text: not to deny the validity, as between the parties, of legal documents drawn up within the country solely because they are drafted in a regional or minority language.

text: The Parties undertake:

text: The Parties undertake to make available in the regional or minority languages the most important national statutory texts and those relating particularly to users of these languages, unless they are otherwise provided.

text: Article 9 – Judicial authorities

text: i to ensure that the administrative authorities use the regional or minority languages; or

text: to ensure that users of regional or minority languages may validly submit a document in these languages;

text: to make available widely used administrative texts and forms for the population in the regional or minority languages or in bilingual versions;

text: to allow the administrative authorities to draft documents in a regional or minority language.

text: Within the administrative districts of the State in which the number of residents who are users of regional or minority languages justifies the measures specified below and according to the situation of each language, the Parties undertake, as far as this is reasonably possible:

text: ii to ensure that such of their officers as are in contact with the public use the regional or minority languages in their relations with persons applying to them in these languages; or

text: iii to ensure that users of regional or minority languages may submit oral or written applications and receive a reply in these languages; or

text: iv to ensure that users of regional or minority languages may submit oral or written applications in these languages; or

text: the use of regional or minority languages within the framework of the regional or local authority;

text: the possibility for users of regional or minority languages to submit oral or written applications in these languages;

text: the publication by regional authorities of their official documents also in the relevant regional or minority languages;

text: the publication by local authorities of their official documents also in the relevant regional or minority languages;

text: the use by regional authorities of regional or minority languages in debates in their assemblies, without excluding, however, the use of the official language(s) of the State;

text: the use by local authorities of regional or minority languages in debates in their assemblies, without excluding, however, the use of the official language(s) of the State;

text: the use or adoption, if necessary in conjunction with the name in the official language(s), of traditional and correct forms of place-names in regional or minority languages.

text: In respect of the local and regional authorities on whose territory the number of residents who are users of regional or minority languages is such as to justify the measures specified below, the Parties undertake to allow and/or encourage:

text: to ensure that the regional or minority languages are used in the provision of the service; or

text: to allow users of regional or minority languages to submit a request and receive a reply in these languages; or

text: to allow users of regional or minority languages to submit a request in these languages.

text: With regard to public services provided by the administrative authorities or other persons acting on their behalf, the Parties undertake, within the territory in which regional or minority languages are used, in accordance with the situation of each language and as far as this is reasonably possible:

text: translation or interpretation as may be required;

text: recruitment and, where necessary, training of the officials and other public service employees required;

text: compliance as far as possible with requests from public service employees having a knowledge of a regional or minority language to be appointed in the territory in which that language is used.

text: With a view to putting into effect those provisions of paragraphs 1, 2 and 3 accepted by them, the Parties undertake to take one or more of the following measures:

text: The Parties undertake to allow the use or adoption of family names in the regional or minority languages, at the request of those concerned.

text: Article 10 – Administrative authorities and public services

text: to the extent that radio and television carry out a public service mission:

text: to ensure the creation of at least one radio station and one television channel in the regional or minority languages; or

text: i to encourage and/or facilitate the creation of at least one radio station in the regional or minority languages; or

text: i to encourage and/or facilitate the creation of at least one television channel in the regional or minority languages; or

text: to encourage and/or facilitate the production and distribution of audio and audiovisual works in the regional or minority languages;

text: i to encourage and/or facilitate the creation and/or maintenance of at least one newspaper in the regional or minority languages; or

text: i to cover the additional costs of those media which use regional or minority languages, wherever the law provides for financial assistance in general for the media; or

text: to support the training of journalists and other staff for media using regional or minority languages.

text: The Parties undertake, for the users of the regional or minority languages within the territories in which those languages are spoken, according to the situation of each language, to the extent that the public authorities, directly or indirectly, are competent, have power or play a role in this field, and respecting the principle of the independence and autonomy of the media:

text: ii to encourage and/or facilitate the creation of at least one radio station and one television channel in the regional or minority languages; or

text: iii to make adequate provision so that broadcasters offer programmes in the regional or minority languages;

text: ii to encourage and/or facilitate the broadcasting of radio programmes in the regional or minority languages on a regular basis;

text: ii to encourage and/or facilitate the broadcasting of television programmes in the regional or minority languages on a regular basis;

text: ii to encourage and/or facilitate the publication of newspaper articles in the regional or minority languages on a regular basis;

text: ii to apply existing measures for financial assistance also to audiovisual productions in the regional or minority languages;

text: The Parties undertake to guarantee freedom of direct reception of radio and television broadcasts from neighbouring countries in a language used in identical or similar form to a regional or minority language, and not to oppose the retransmission of radio and television broadcasts from neighbouring countries in such a language. They further undertake to ensure that no restrictions will be placed on the freedom of expression and free circulation of information in the written press in a language used in identical or similar form to a regional or minority language. The exercise of the above-mentioned freedoms, since it carries with it

text: duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

text: The Parties undertake to ensure that the interests of the users of regional or minority languages are represented or taken into account within such bodies as may be established in accordance with the law with responsibility for guaranteeing the freedom and pluralism of the media.

text: Article 11 – Media

text: to encourage types of expression and initiative specific to regional or minority languages and foster the different means of access to works produced in these languages;

text: to foster the different means of access in other languages to works produced in regional or minority languages by aiding and developing translation, dubbing, postsynchronisation and subtitling activities;

text: to foster access in regional or minority languages to works produced in other languages by aiding and developing translation, dubbing, post-synchronisation and subtitling activities;

text: to ensure that the bodies responsible for organising or supporting cultural activities of various kinds make appropriate allowance for incorporating the knowledge and use of regional or minority languages and cultures in the undertakings which they initiate or for which they provide backing;

text: to promote measures to ensure that the bodies responsible for organising or supporting cultural activities have at their disposal staff who have a full command of the regional or minority language concerned, as well as of the language(s) of the rest of the population;

text: to encourage direct participation by representatives of the users of a given regional or minority language in providing facilities and planning cultural activities;

text: to encourage and/or facilitate the creation of a body or bodies responsible for collecting, keeping a copy of and presenting or publishing works produced in the regional or minority languages;

text: if necessary, to create and/or promote and finance translation and terminological research services, particularly with a view to maintaining and developing appropriate administrative, commercial, economic, social, technical or legal terminology in each regional or minority language.

text: With regard to cultural activities and facilities – especially libraries, video libraries, cultural centres, museums, archives, academies, theatres and cinemas, as well as literary work and film production, vernacular forms of cultural expression, festivals and the culture industries, including inter alia the use of new technologies – the Parties undertake, within the territory in which such languages are used and to the extent that the public authorities are competent, have power or play a role in this field:

text: In respect of territories other than those in which the regional or minority languages are traditionally used, the Parties undertake, if the number of users of a regional or minority language justifies it, to allow, encourage and/or provide appropriate cultural activities and facilities in accordance with the preceding paragraph.

text: The Parties undertake to make appropriate provision, in pursuing their cultural policy abroad, for regional or minority languages and the cultures they reflect.

text: Article 12 – Cultural activities and facilities

text: to eliminate from their legislation any provision prohibiting or limiting without justifiable reasons the use of regional or minority languages in documents relating to economic or social life, particularly contracts of employment, and in technical documents such as instructions for the use of products or installations;

text: to prohibit the insertion in internal regulations of companies and private documents of any clauses excluding or restricting the use of regional or minority languages, at least between users of the same language;

text: to oppose practices designed to discourage the use of regional or minority languages in connection with economic or social activities;

text: to facilitate and/or encourage the use of regional or minority languages by means other than those specified in the above sub-paragraphs.

text: With regard to economic and social activities, the Parties undertake, within the whole country:

text: to include in their financial and banking regulations provisions which allow, by means of procedures compatible with commercial practice, the use of regional or minority languages in drawing up payment orders (cheques, drafts, etc.) or other financial documents, or, where appropriate, to ensure the implementation of such provisions;

text: in the economic and social sectors directly under their control (public sector), to organise activities to promote the use of regional or minority languages;

text: to ensure that social care facilities such as hospitals, retirement homes and hostels offer the possibility of receiving and treating in their own language persons using a regional or minority language who are in need of care on grounds of ill-health, old age or for other reasons;

text: to ensure by appropriate means that safety instructions are also drawn up in regional or minority languages;

text: to arrange for information provided by the competent public authorities concerning the rights of consumers to be made available in regional or minority languages.

text: With regard to economic and social activities, the Parties undertake, in so far as the public authorities are competent, within the territory in which the regional or minority languages are used, and as far as this is reasonably possible:

text: Article 13 – Economic and social life

text: The Parties undertake:

text: to apply existing bilateral and multilateral agreements which bind them with the States in which the same language is used in identical or similar form, or if necessary to seek to conclude such agreements, in such a way as to foster contacts between the users of the same language in the States concerned in the fields of culture, education, information, vocational training and permanent education;

text: for the benefit of regional or minority languages, to facilitate and/ or promote co-operation across borders, in particular between regional or local authorities in whose territory the same language is used in identical or similar form.

text: Article 14 – Transfrontier exchanges

text: Part IV – Application of the Charter

text: The Parties shall present periodically to the Secretary General of the Council of Europe, in a form to be prescribed by the Committee of Ministers, a report on their policy pursued in accordance with Part II of this Charter and on the measures taken in application of those provisions of Part III which they have accepted. The first report shall be presented within the year following the entry into force of the Charter with respect to the Party concerned, the other reports at three-yearly intervals after the first report.

text: The Parties shall make their reports public.

text: Article 15 – Periodical reports

text: The reports presented to the Secretary General of the Council of Europe under

text: Article 15

text: shall be examined by a committee of experts constituted in accordance with

text: Article 17

text: Bodies or associations legally established in a Party may draw the attention of the committee of experts to matters relating to the undertakings entered into by that Party under Part III of this Charter. After consulting the Party concerned, the committee of experts may take account of this information in the preparation of the report specified in paragraph 3 below. These bodies or associations can furthermore submit statements concerning the policy pursued by a Party in accordance with Part II.

text: On the basis of the reports specified in paragraph 1 and the information mentioned in paragraph 2, the committee of experts shall prepare a report for the Committee of Ministers. This report shall be accompanied by the comments which the Parties have been requested to make and may be made public by the Committee of Ministers.

text: The report specified in paragraph 3 shall contain in particular the proposals of the committee of experts to the Committee of Ministers for the preparation of such recommendations of the latter body to one or more of the Parties as may be required.

text: The Secretary General of the Council of Europe shall make a two-yearly detailed report to the Parliamentary Assembly on the application of the Charter.

text: Article 16 – Examination of the reports

text: The committee of experts shall be composed of one member per Party, appointed by the Committee of Ministers from a list of individuals of the highest integrity and recognised competence in the matters dealt with in the Charter, who shall be nominated by the Party concerned.

text: Members of the committee shall be appointed for a period of six years and shall be eligible for reappointment. A member who is unable to complete a term of office shall be replaced in accordance with the procedure laid down in paragraph 1, and the replacing member shall complete his predecessor's term of office.

text: The committee of experts shall adopt rules of procedure. Its secretarial services shall be provided by the Secretary General of the Council of Europe.

text: Article 17 – Committee of experts

text: Part V – Final provisions

text: This Charter 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 18

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

text: Article 18

text: In respect of any member State which subsequently expresses its consent to be bound by it, the Charter 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 19

text: After the entry into force of this Charter, 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 Charter.

text: In respect of any acceding State, the Charter 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 20

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, make one or more reservations to paragraphs 2 to 5 of

text: Article 7

text: of this Charter. No other reservation may be made.

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: Article 21

text: Any Party may at any time denounce this Charter 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 six months after the date of receipt of the notification by the Secretary General.

text: Article 22

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 Charter 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 Charter in accordance with

text: Articles 19

text: and 20; d any notification received in application of the provisions of

text: Article 3

text: , paragraph 2; e any other act, notification or communication relating to this Charter.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Charter. Done at Strasbourg, this 5th day of November 1992, 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 Charter.

text: Article 23


doctype: protocol

identifier: ETS No. 149

reference: ETS No. 149

title: Second 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. 149

text: Strasbourg, 2.II.1993

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

text: Having found it necessary to amend Chapter I of 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 the large number of migrants who have settled permanently in the member States of the Council of Europe and the need to complete their integration, particularly in the case of second-generation migrants, in the host State, through the acquisition of the nationality of that State;

text: Considering the large number of mixed marriages in member States and the need to facilitate acquisition by one spouse of the nationality of the other spouse and the acquisition by their children of the nationality of both parents, in order to encourage unity of nationality within the same family;

text: Considering that conservation of the nationality of origin is an important factor in achieving these objectives, having regard to Resolutions (77) 12 and 13 of the Council of Europe on the nationality of spouses of different nationalities and nationality of children born in wedlock as well as to developments in the relevant legislation of member States,

text: Have agreed as follows:

text: In

text: Article 1

text: of the Convention three new paragraphs are added as follows:

text: "5 Notwithstanding the provisions of paragraphs 1 and, where applicable, 2 above, where a national of a Contracting Party acquires the nationality of another Contracting Party on whose territory either he was born and is resident, or has been ordinarily resident for a period of time beginning before the age of 18, each of these Parties may provide that he retains the nationality of origin.

text: Notwithstanding the provisions of paragraphs 1 and, where applicable, 2 and 5 above, in cases of marriage between nationals of different Contracting Parties, each of these Parties may provide that the spouse, who acquires of his or her own free will the nationality of the other spouse, retains the nationality of origin.

text: Notwithstanding the provisions of paragraph 2 above, where applicable, when a national of a Contracting Party who is a minor and whose parents are nationals of different Contracting Parties acquires the nationality of one of his parents, each of these Parties may provide that he retains the nationality of origin."

text: ETS 149 – Multiple Nationality (Second Amending Protocol), 2.II.1993 __________________________________________________________________________________

text: Article 1

text: The provisions of

text: Article 4

text: of the Convention shall not apply to matters covered by this Protocol.

text: Article 2

text: as modified by this Protocol; or

text: where the States concerned are also Parties to the Protocol of 24 November 1977 amending the Convention, as modified by the said Protocol and this Protocol.

text: In relations between States Parties to the Convention applying the provisions of Chapter I thereof and which are also Parties to this Protocol, Chapter I of the Convention shall be applicable:

text: in its original form; or

text: where the States concerned are also Parties to the Protocol of 24 November 1977 amending the Convention, as modified by the said Protocol.

text: In relations between States Parties to the Convention applying the provisions of Chapter I thereof, Parties to this Protocol, and States Parties to the Convention applying the provisions of Chapter I thereof without being Parties to this Protocol, Chapter I of the Convention shall be applicable:

text: Article 3

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

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

text: This Protocol shall be open to signature by the member States of the Council of Europe signatories to the Convention, which may express their consent to be bound by:

text: No member State of the Council of Europe shall sign without reservation as to ratification, acceptance or approval, or deposit an instrument of ratification, acceptance or approval, unless it is already or becomes simultaneously a Contracting State to the Convention and under the condition that it applies the provisions of Chapter I of that Convention.

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

text: Article 4

text: This Protocol shall enter into force one month after the date on which two member States of the Council of Europe, Contracting States to the Convention, have expressed their consent to be bound by this Protocol in accordance with the provisions of

text: Article 4

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

text: Article 5

text: After this Protocol has entered into force, any State which acceded to the Convention may accede to this Protocol provided that such State has accepted the provisions of Chapter I of the Convention. 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, provided that it has accepted the provisions of Chapter I of this Convention. 3 In respect of any acceding State, the Protocol shall enter into force one month after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

text: Article 6

text: Any Party may, at any time, denounce this Protocol by means of a notification addressed to the Secretary General of the Council of Europe. 2 Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary General. 3 Denunciation of the Convention implies ipso jure the denunciation of this Protocol.

text: Article 7

text: No reservation may be made in respect of the provisions of this Protocol.

text: Article 8

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

text: Articles 5

text: and 6 thereof; d any notification received in pursuance of the provisions of

text: Article 7

text: and the date on which denunciation takes effect.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol. Done at Strasbourg, this 2nd day of February 1993, 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 member State of the Council of Europe and to any State invited to accede to this Protocol.

text: Article 9

type: internationell-overenskommelse