doctype: treaty

identifier: CETS No. 215

openingPlace: Magglingen

reference: CETS No. 215

title: Council of Europe Convention on the Manipulation of Sports Competitions

text: Council of Europe Treaty Series - No. 215

text: Council of Europe Convention on the Manipulation of Sports Competitions

text: Magglingen/Macolin, 18.IX.2014

text: Preamble

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

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

text: Considering the Action Plan of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), which recommends the continuation of Council of Europe activities which serve as references in the field of sport;

text: Considering that it is necessary to further develop a common European and global framework for the development of sport, based on the notions of pluralist democracy, rule of law, human rights and sports ethics;

text: Aware that every country and every type of sport in the world may potentially be affected by the manipulation of sports competitions and emphasising that this phenomenon, as a global threat to the integrity of sport, needs a global response which must also be supported by States which are not members of the Council of Europe;

text: Expressing concern about the involvement of criminal activities, and in particular organised crime in the manipulation of sports competitions and about its transnational nature;

text: Recalling the

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

text: (1950, ETS No. 5) and its protocols, the European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches (1985, ETS No. 120), the Anti-Doping Convention (1989, ETS No. 135), the Criminal Law Convention on Corruption (1999, ETS No. 173) and the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (2005, CETS No. 198);

text: Recalling the United Nations Convention against Transnational Organized Crime (2000) and the protocols thereto;

text: Also recalling the United Nations Convention against Corruption (2003);

text: Recalling the importance of effectively investigating without undue delay the offences within their jurisdiction;

text: Recalling the key role that the International Criminal Police Organization (Interpol) plays in facilitating effective co-operation between the law-enforcement authorities in addition to judicial co-operation;

text: CETS 215 – Manipulation of Sports Competition, 18.IX.2014 __________________________________________________________________________________

text: Emphasising that sports organisations bear the responsibility to detect and sanction the manipulation of sports competitions committed by persons under their authority;

text: Acknowledging the results already achieved in the fight against the manipulation of sports competitions;

text: Convinced that an effective fight against the manipulation of sports competitions requires increased, rapid, sustainable and properly functioning national and international co-operation;

text: Having regard to Committee of Ministers Recommendations to member States No. R(92)13 rev. on the revised European Sports Charter; CM/Rec(2010)9 on the revised Code of Sports Ethics; Rec(2005)8 on the principles of good governance in sport and CM/Rec(2011)10 on promotion of the integrity of sport to fight the manipulation of results, notably match-fixing;

text: In the light of the work and conclusions of the following conferences:

text: – the 11th Council of Europe Conference of Ministers responsible for Sport, held in Athens on 11 and 12 December 2008;

text: – the 18th Council of Europe Informal Conference of Ministers responsible for Sport (Baku, 22 September 2010) on promotion of the integrity of sport against the manipulation of results (match-fixing);

text: – the 12th Council of Europe Conference of Ministers responsible for Sport (Belgrade, 15 March 2012) particularly in respect of the drafting of a new international legal instrument against the manipulation of sports results;

text: – the UNESCO 5th International Conference of Ministers and Senior Officials Responsible for Physical Education and Sport (MINEPS V).

text: Convinced that dialogue and co-operation among public authorities, sports organisations, competition organisers and sports betting operators at national and international levels on the basis of mutual respect and trust are essential in the search for effective common responses to the challenges posed by the problem of the manipulation of sports competitions;

text: Recognising that sport, based on fair and equal competition, is unpredictable in nature and requires unethical practices and behaviour in sport to be forcefully and effectively countered;

text: Emphasising their belief that consistent application of the principles of good governance and ethics in sport is a significant factor in helping to eradicate corruption, the manipulation of sports competitions and other kinds of malpractice in sport;

text: Acknowledging that, in accordance with the principle of the autonomy of sport, sports organisations are responsible for sport and have self-regulatory and disciplinary responsibilities in the fight against manipulation of sports competitions, but that public authorities, protect the integrity of sport, where appropriate;

text: Acknowledging that the development of sports betting activities, particularly of illegal sports betting, increases the risks of such manipulation;

text: Considering that the manipulation of sports competitions may be related or unrelated to sports betting, and related or unrelated to criminal offences, and that it should be dealt with in all cases;

text: Taking note of the margin of discretion which States enjoy, within the framework of applicable law, in deciding on sports betting policies,

text: Have agreed as follows:

text: Chapter I – Purpose, guiding principles, definitions

type: rubrik

text: The purpose of this Convention is to combat the manipulation of sports competitions in order to protect the integrity of sport and sports ethics in accordance with the principle of the autonomy of sport.

text: to prevent, detect and sanction national or transnational manipulation of national and international sports competitions;

text: to promote national and international co-operation against manipulation of sports competitions between the public authorities concerned, as well as with organisations involved in sports and in sports betting.

text: For this purpose, the main objectives of this Convention are:

text: Article 1 – Purpose and main objectives

text: human rights; b legality; c proportionality; d protection of private life and personal data.

text: The fight against the manipulation of sports competitions shall ensure respect, inter alia, for the following principles:

text: Article 2 – Guiding principles

text: For the purposes of this Convention:

text: “Sports competition” means any sport event organised in accordance with the rules set by a sports organisation listed by the Convention Follow-up Committee in accordance with Article 31.2, and recognised by an international sports organisation, or, where appropriate, another competent sports organisation.

text: “Sports organisation” means any organisation which governs sport or one particular sport, and which appears on the list adopted by the Convention Follow-up Committee in accordance with Article 31.2, as well as its continental and national affiliated organisations, if necessary.

text: “Competitions organiser” means any sports organisation or any other person, irrespective of their legal form, which organises sports competitions.

text: “Manipulation of sports competitions” means an intentional arrangement, act or omission aimed at an improper alteration of the result or the course of a sports competition in order to remove all or part of the unpredictable nature of the aforementioned sports competition with a view to obtaining an undue advantage for oneself or for others.

text: “illegal sports betting” means any sports betting activity whose type or operator is not allowed under the applicable law of the jurisdiction where the consumer is located;

text: “irregular sports betting” shall mean any sports betting activity inconsistent with usual or anticipated patterns of the market in question or related to betting on a sports competition whose course has unusual characteristics;

text: “suspicious sports betting” shall mean any sports betting activity which, according to reliable and consistent evidence, appears to be linked to a manipulation of the sports competition on which it is offered.

text: “Sports betting” means any wagering of a stake of monetary value in the expectation of a prize of monetary value, subject to a future and uncertain occurrence related to a sports competition. In particular:

text: “athlete” means any person or group of persons, participating in sports competitions;

text: “athlete support personnel” means any coach, trainer, manager, agent, team staff, team official, medical or paramedical personnel working with or treating athletes participating in or preparing for sports competitions, and all other persons working with the athletes;

text: “official” means any person who is the owner of, a shareholder in, an executive or a staff member of the entities which organise and promote sports competitions, as well as referees, jury members and any other accredited persons. The term also covers the executives and staff of the international sports organisation, or where appropriate, other competent sports organisation which recognises the competition.

text: “Competition stakeholder” means any natural or legal person belonging to one of the following categories:

text: “Inside information” means information relating to any competition that a person possesses by virtue of his or her position in relation to a sport or competition, excluding any information already published or common knowledge, easily accessible to interested members of the public or disclosed in accordance with the rules and regulations governing the relevant competition.

text: Article 3 – Definitions

text: Chapter II – Prevention, co-operation and other measures

text: Each Party shall co-ordinate the policies and action of all the public authorities concerned with the fight against the manipulation of sports competitions.

text: Each Party, within its jurisdiction, shall encourage sports organisations, competition organisers and sports betting operators to co-operate in the fight against the manipulation of sports competitions and, where appropriate, entrust them to implement the relevant provisions of this Convention.

text: Article 4 – Domestic co-ordination

text: Each Party shall – where appropriate in co-operation with sports organisations, sports betting operators, competition organisers and other relevant organisations – identify, analyse and evaluate the risks associated with the manipulation of sports competitions.

text: Each Party shall encourage sports organisations, sports betting operators, competition organisers and any other relevant organisation to establish procedures and rules in order to combat manipulation of sports competitions and shall adopt, where appropriate, legislative or other measures necessary for this purpose.

text: Article 5 – Risk assessment and management

text: Each Party shall encourage awareness raising, education, training and research to strengthen the fight against manipulation of sports competitions.

text: Article 6 – Education and awareness raising

text: prevention of conflicts of interest, including:

text: compliance by sports organisations and their affiliated members with all their contractual or other obligations;

text: the requirement for competition stakeholders to report immediately any suspicious activity, incident, incentive or approach which could be considered an infringement of the rules against the manipulation of sports competitions.

text: Each Party shall encourage sports organisations and competition organisers to adopt and implement rules to combat the manipulation of sports competitions as well as principles of good governance, related, inter alia to:

text: – prohibiting competition stakeholders from betting on sports competitions in which they are involved;

text: – prohibiting the misuse or dissemination of inside information;

text: enhanced and effective monitoring of the course of sports competitions exposed to the risks of manipulation;

text: arrangements to report without delay instances of suspicious activity linked to the manipulation of sports competitions to the relevant public authorities or national platform;

text: effective mechanisms to facilitate the disclosure of any information concerning potential or actual cases of manipulation of sports competitions, including adequate protection for whistle blowers;

text: awareness among competition stakeholders including young athletes of the risk of manipulation of sports competitions and the efforts to combat it, through education, training and the dissemination of information;

text: the appointment of relevant officials for a sports competition, in particular judges and referees, at the latest possible stage.

text: Each Party shall encourage sports organisations to adopt and implement the appropriate measures in order to ensure:

text: Each Party shall encourage its sports organisations, and through them the international sports organisations to apply specific, effective, proportionate and dissuasive disciplinary sanctions and measures to infringements of their internal rules against the manipulation of sports competitions, in particular those referred to in paragraph 1 of this article, as well as to ensure mutual recognition and enforcement of sanctions imposed by other sports organisations, notably in other countries.

text: Disciplinary liability established by sports organisations shall not exclude any criminal, civil or administrative liability.

text: Article 7 – Sports organisations and competition organisers

text: Each Party shall adopt such legislative or other measures as may be necessary to ensure appropriate transparency regarding the funding of sports organisations that are financially supported by the Party.

text: Each Party shall consider the possibility of helping sports organisations to combat the manipulation of sports competitions, including by funding appropriate mechanisms.

text: Each Party shall where necessary consider withholding financial support or inviting sports organisations to withhold financial support from competition stakeholders sanctioned for manipulating sports competitions, for the duration of the sanction.

text: Where appropriate, each Party shall take steps to withhold some or all financial or other sportrelated support from any sports organisations that do not effectively apply regulations for combating manipulation of sports competitions.

text: Article 8 – Measures regarding the financing of sports organisations

text: the exchange of information, in a timely manner, with other relevant authorities or a national platform for illegal, irregular or suspicious sports betting as well as infringements of the regulations referred to or established in accordance with this Convention;

text: the limitation of the supply of sports betting, following consultation with the national sports organisations and sports betting operators, particularly excluding sports competitions:

text: the advance provision of information about the types and the objects of sports betting products to competition organisers in support to their efforts to identify and manage risks of sports manipulation within their competition;

text: the systematic use in sports betting of means of payment allowing financial flows above a certain threshold, defined by each Party, to be traced, particularly the senders, the recipients and the amounts;

text: mechanisms, in co-operation with and between sports organisations and, where appropriate, sports betting operators, to prevent competition stakeholders from betting on sports competitions that are in breach of relevant sports rules or applicable law;

text: the suspension of betting, according to domestic law, on competitions for which an appropriate alert has been issued.

text: Each Party shall identify one or more responsible authorities, which in the Party’s legal order are entrusted with the implementation of sports betting regulation and with the application of relevant measures to combat the manipulation of sports competitions in relation to sports betting, including, where appropriate:

text: – which are designed for those under the age of 18; or – where the organisational conditions and/or stakes in sporting terms are inadequate;

text: Each Party shall communicate to the Secretary General of the Council of Europe the name and addresses of the authority or authorities identified in pursuance of paragraph 1 of this article.

text: Article 9 – Measures regarding the betting regulatory authority or other responsible authority or authorities

text: natural or legal persons involved in providing sports betting products betting on their own products;

text: the abuse of a position as sponsor or part-owner of a sports organisation to facilitate the manipulation of a sports competition or to misuse inside information;

text: competition stakeholders being involved in compiling betting odds for the competition in which they are involved;

text: any sports betting operator who controls a competition organiser or stakeholder, as well as any sports betting operator who is controlled by such a competition organiser or stakeholder, offering bets on the competition in which this competition organiser or stakeholder is involved.

text: Each Party shall adopt such legislative or other measures as may be necessary to prevent conflicts of interest and misuse of inside information by natural or legal persons involved in providing sports betting products, in particular through restrictions on:

text: Each Party shall encourage its sports betting operators, and through them, the international organisations of sports betting operators, to raise awareness among their owners and employees of the consequences of and the fight against manipulation of sports competitions, through education, training and the dissemination of information.

text: Each Party shall adopt such legislative or other measures as may be necessary to oblige sports betting operators to report irregular or suspicious betting without delay to the betting regulatory authority, the other responsible authority or authorities, or the national platform.

text: Article 10 – Sports betting operators

text: closure or direct and indirect restriction of access to illegal remote sports betting operators, and closure of illegal land-based sports betting operators in the Party’s jurisdiction;

text: blocking of financial flows between illegal sports betting operators and consumers;

text: prohibition of advertising for illegal sports betting operators;

text: raising of consumers’ awareness of the risks associated with illegal sports betting.

text: With a view to combating the manipulation of sports competitions, each Party shall explore the most appropriate means to fight operators of illegal sports betting and shall consider adopting measures, in accordance with the applicable law of the relevant jurisdiction, such as:

text: Article 11 – The fight against illegal sports betting

text: Chapter III – Exchange of information

text: Without prejudice to

text: Article 14

text: , each Party shall facilitate, at national and international levels and in accordance with its domestic law, exchanges of information between the relevant public authorities, sports organisations, competition organisers, sports betting operators and national platforms. In particular, each Party shall undertake to set up mechanisms for sharing relevant information when such information might assist in the carrying out of the risk assessment referred to in

text: Article 5

text: and namely the advanced provision of information about

text: the types and object of the betting products to the competition organisers, and in initiating or carrying out investigations or proceedings concerning the manipulation of sports competitions.

text: Upon request, the recipient of such information shall, in accordance with domestic law and without delay, inform the organisation or the authority sharing the information of the follow-up given to this communication.

text: Each Party shall explore possible ways of developing or enhancing co-operation and exchange of information in the context of the fight against illegal sports betting as set out in

text: Article 11

text: of this Convention.

text: Article 12 – Exchange of information between competent public authorities, sports organisations and sports betting operators

text: serve as an information hub, collecting and disseminating information that is relevant to the fight against manipulation of sports competitions to the relevant organisations and authorities;

text: co-ordinate the fight against the manipulation of sports competitions;

text: receive, centralise and analyse information on irregular and suspicious bets placed on sports competitions taking place on the territory of the Party and, where appropriate, issue alerts;

text: transmit information on possible infringements of laws or sports regulations referred to in this Convention to public authorities or to sports organisations and/or sports betting operators;

text: co-operate with all organisations and relevant authorities at national and international levels, including national platforms of other States.

text: Each Party shall identify a national platform addressing manipulation of sports competitions. The national platform shall, in accordance with domestic law, inter alia:

text: Each Party shall communicate to the Secretary General of the Council of Europe the name and addresses of the national platform.

text: Article 13 – National platform

text: Each Party shall adopt such legislative and other measures as may be necessary to ensure that all actions against the manipulation of sports competitions comply with relevant national and international personal data protection laws and standards, particularly in the exchange of information covered by this Convention.

text: Each Party shall adopt such legislative or other measures as necessary to guarantee that the public authorities and organisations covered by this Convention take the requisite measures in order to ensure that, when personal data are collected, processed and exchanged, irrespective of the nature of those exchanges, due regard is given to the principles of lawfulness, adequacy, relevance and accuracy, and also to data security and the rights of data subjects.

text: Each Party shall provide in its laws that the public authorities and organisations covered by this Convention are to ensure that the exchange of data for the purpose of this Convention does not go beyond the necessary minimum for the pursuit of the stated purposes of the exchange.

text: Each Party shall invite the various public authorities and organisations covered by this Convention to provide the requisite technical means to ensure the security of the data exchanged and to guarantee their reliability and integrity, as well as the availability and integrity of the data exchange systems and the identification of their users.

text: Article 14 – Personal data protection

text: Chapter IV – Substantive criminal law and co-operation with regard to enforcement

text: Each Party shall ensure that its domestic laws enable to criminally sanction manipulation of sports competitions when it involves either coercive, corrupt or fraudulent practices, as defined by its domestic law.

text: Article 15 – Criminal offences relating to the manipulation of sports competitions

text: Each Party shall adopt such legislative or other measures as may be necessary to establish as criminal offences under its domestic law the conduct as referred to in

text: Article 9

text: , paragraphs 1 and 2, of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (2005, CETS No. 198), in

text: Article 6

text: , paragraph 1 of the United Nations Convention against Transnational Organized Crime (2000) or in

text: Article 23

text: , paragraph 1 of the United Nations Convention against Corruption (2003), under the conditions referred to therein, when the predicate offence giving raise to profit is one of those referred to in

text: Articles 15

text: and 17 of this Convention and in any event, in the case of extortion, corruption and fraud.

text: When deciding on the range of offences to be covered as predicate offences mentioned in paragraph 1, each Party may decide, in accordance with its domestic law, how it will define those offences and the nature of any particular elements that make them serious.

text: Each Party shall consider including the manipulation of sports competitions in its money laundering prevention framework by requiring sports betting operators to apply customer due diligence, record keeping and reporting requirements.

text: Article 16 – Laundering of the proceeds of criminal offences relating to the manipulation of sports competitions

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the aiding and abetting of the commission of any of the criminal offences referred to in

text: Article 15

text: of this Convention.

text: Article 17 – Aiding and abetting

text: a power of representation of the legal person; b the authority to take decisions on behalf of the legal person; c the authority to exercise control within the legal person.

text: Each Party shall adopt such legislative or other measures as may be necessary to ensure that legal persons can be held liable for offences referred to in

text: Articles 15

text: to 17 of this Convention, committed for their benefit by any natural person, acting either individually or as a member of an organ of the legal person, who has a leading position within the legal person, based on:

text: Subject to the legal principles of the Party, the liability of a legal person may be criminal, civil or administrative.

text: Other than in the cases already provided for in paragraph 1, each Party shall take the necessary measures to ensure that a legal person can be held liable when lack of supervision or control by a natural person referred to in paragraph 1 has made possible the commission of an offence referred to in

text: Articles 15

text: to 17 of this Convention for the benefit of that legal person by a natural person acting under its authority.

text: Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offence.

text: Article 18 – Corporate liability

text: Chapter V – Jurisdiction, criminal procedure and enforcement measures

text: in its territory; or b on board a ship flying its flag; or c on board an aircraft registered under its law; or d by one of its nationals or by a person habitually residing in its territory.

text: Each Party shall adopt such legislative or other measures as may be necessary to establish jurisdiction over the offences referred to in

text: Articles 15

text: to 17 of this Convention where that offence is committed:

text: Each State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply, or to apply only in specific cases or conditions, the rules on jurisdiction laid down in paragraph 1, subparagraph d of this article.

text: Each Party shall take the necessary legislative or other measures to establish jurisdiction over offences referred to in

text: Articles 15

text: to 17 of this Convention in cases in which an alleged offender is present on its territory and cannot be extradited to another Party on the basis of his or her nationality.

text: When more than one Party claims jurisdiction over an alleged offence referred to in

text: Articles 15

text: to 17 of this Convention, the Parties involved shall, where appropriate, consult each other with a view to determining the most appropriate jurisdiction for the purposes of prosecution.

text: Without prejudice to the general rules of international law, this Convention does not exclude any criminal, civil and administrative jurisdiction exercised by a Party in accordance with its domestic law.

text: Article 19 – Jurisdiction

text: Each Party shall adopt legislative or other measures to secure electronic evidence, inter alia through the expedited preservation of stored computer data, expedited preservation and disclosure of traffic data, production orders, search and seizure of stored computer data, realtime collection of traffic data and the interception of content data, in accordance with its domestic law, when investigating offences referred to in

text: Articles 15

text: to 17 of this Convention.

text: Article 20 – Measures to secure electronic evidence

text: persons who provide, in good faith and on reasonable grounds, information concerning offences referred to in

text: Articles 15

text: to 17 of this Convention or otherwise co-operate with the investigating or prosecuting authorities;

text: witnesses who give testimony concerning these offences;

text: when necessary, members of the family of persons referred to in sub-paragraphs a and b.

text: Each Party shall consider adoption of such legal measures as may be necessary to provide effective protection for:

text: Article 21 – Protection measures

text: Chapter VI – Sanctions and measures

text: Each Party shall take the necessary legislative or other measures to ensure that the offences referred to in

text: Articles 15

text: to 17 of this Convention, when committed by natural persons, are punishable by effective, proportionate and dissuasive sanctions, including monetary sanctions, taking account of the seriousness of the offences. These sanctions shall include penalties involving deprivation of liberty that may give rise to extradition, as defined by domestic law.

text: Article 22 – Criminal sanctions against natural persons

text: a temporary or permanent disqualification from exercising commercial activity; b placement under judicial supervision; c a judicial winding-up order.

text: Each Party shall take the necessary legislative or other measures to ensure that legal persons held liable in accordance with

text: Article 18

text: are subject to effective, proportionate and dissuasive sanctions, including monetary sanctions and possibly other measures such as:

text: Article 23 – Sanctions against legal persons

text: Each Party shall adopt, where appropriate, such legislative or other measures in respect of acts which are punishable under its domestic law as may be necessary to punish infringements established in accordance with this Convention by effective, proportionate and dissuasive sanctions and measures following proceedings brought by the administrative authorities, where the decision may give rise to proceedings before a court having jurisdiction.

text: Each Party shall ensure that administrative measures are applied. This may be done by the betting regulatory authority or the other responsible authority or authorities, in accordance with its domestic law.

text: Article 24 – Administrative sanctions

text: the goods, documents and other instruments used, or intended to be used, to commit the offences referred to in

text: Articles 15

text: to 17 of this Convention;

text: the proceeds of those offences, or property of a value corresponding to those proceeds.

text: Each Party shall take the necessary legislative or other measures, in accordance with domestic law, to permit seizure and confiscation of:

text: Article 25 – Seizure and confiscation

text: Chapter VII – International co-operation in judicial and other matters

text: The Parties shall co-operate with each other, in accordance with the provisions of this Convention and in accordance with the relevant applicable international and regional instruments and arrangements agreed on the basis of uniform or reciprocal legislation and with their domestic law, to the widest extent possible for the purposes of investigations, prosecutions and judicial proceedings concerning the offences referred to in

text: Articles 15

text: to 17 of this Convention, including seizure and confiscation.

text: The Parties shall co-operate to the widest extent possible, in accordance with the relevant applicable international, regional and bilateral treaties on extradition and mutual assistance in criminal matters and in accordance with their domestic law, concerning the offences referred to in

text: Articles 15

text: to 17 of this Convention.

text: In matters of international co-operation, whenever dual criminality is considered to be a requirement, it shall be deemed to have been fulfilled, irrespective of whether the laws of the requested State place the offence within the same category of offence or use the same term to denominate the offence as the requesting State, if the conduct underlying the offence in respect of which legal mutual assistance or extradition is requested is a criminal offence under the laws of both Parties.

text: If a Party that makes extradition or mutual legal assistance in criminal matters conditional on the existence of a treaty receives a request for extradition or legal assistance in criminal matters from a Party with which it has no such treaty, it may, acting in full compliance with its obligations under international law and subject to the conditions provided for by its own domestic law, consider this Convention to be the legal basis for extradition or mutual legal assistance in criminal matters in respect of the offences referred to in

text: Articles 15

text: to 17 of this Convention.

text: Article 26 – Measures with a view to international co-operation in criminal matters

text: Each Party shall endeavour to integrate, where appropriate, the prevention of and the fight against the manipulation of sports competitions into assistance programmes for the benefit of third States.

text: Article 27 – Other international co-operation measures in respect of prevention

text: Each Party, in accordance with its domestic law, shall co-operate with international sports organisations in the fight against the manipulation of sports competitions.

text: Article 28 – International co-operation with international sports organisations

text: Chapter VIII – Follow up

text: Each Party shall forward to the Secretary General of the Council of Europe, in one of the official languages of the Council of Europe, all relevant information concerning legislative and other measures taken by it for the purpose of complying with the terms of this Convention.

text: Article 29 – Provision of information

text: For the purposes of this Convention, the Convention Follow-up Committee is hereby set up.

text: Each Party may be represented on the Convention Follow-up Committee by one or more delegates, including representatives of public authorities responsible for sport, lawenforcement or betting regulation. Each Party shall have one vote.

text: The Parliamentary Assembly of the Council of Europe, as well as other relevant Council of Europe intergovernmental committees, shall each appoint a representative to the Convention Follow-up Committee in order to contribute to a multisectoral and multidisciplinary approach. The Convention Follow-up Committee may, if necessary, invite, by unanimous decision, any State which is not a Party to the Convention, any international organisation or body, to be represented by an observer at its meetings. Representatives appointed under this paragraph shall participate in meetings of the Convention Follow-up Committee without the right to vote.

text: Meetings of the Convention Follow-up Committee shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held as soon as reasonably practicable, and in any case within one year after the date of entry into force of the Convention. It shall subsequently meet whenever a meeting is requested by at least one third of the Parties or by the Secretary General.

text: Subject to the provisions of this Convention, the Convention Follow-up Committee shall draw up and adopt by consensus its own rules of procedure.

text: The Convention Follow-up Committee shall be assisted by the Secretariat of the Council of Europe in carrying out its functions.

text: Article 30 – Convention Follow-up Committee

text: The Convention Follow-up Committee is responsible for the follow-up to the implementation of this Convention.

text: The Convention Follow-up Committee shall adopt and modify the list of sports organisations referred to in Article 3.2, while ensuring that it is published in an appropriate manner.

text: make recommendations to the Parties concerning measures to be taken for the purposes of this Convention, in particular with respect to international co-operation;

text: where appropriate, make recommendations to the Parties, following the publication of explanatory documentation and, after prior consultations with representatives of sports organisations and sports betting operators, in particular on:

text: keep relevant international organisations and the public informed about the activities undertaken within the framework of this Convention;

text: prepare an opinion to the Committee of Ministers on the request of any non-member State of the Council of Europe to be invited by the Committee of Ministers to sign the Convention in pursuance of Article 32.2.

text: The Convention Follow-up Committee may, in particular:

text: – the criteria to be met by sports organisations and sports betting operators in order to benefit from the exchange of information referred to in Article 12.1 of this Convention;

text: – other ways aimed at enhancing the operational co-operation between the relevant public authorities, sports organisations and betting operators, as mentioned in this Convention;

text: In order to discharge its functions, the Convention Follow-up Committee may, on its own initiative, arrange meetings of experts.

text: The Convention Follow-up Committee, with the prior agreement of the Parties concerned, shall arrange visits to the Parties.

text: Article 31 – Functions of the Convention Follow-up Committee

text: Chapter IX – Final provisions

text: This Convention shall be open for signature by the member States of the Council of Europe, the other States Parties to the European Cultural Convention, the European Union and the non-member States which have participated in its elaboration or enjoying observer status with the Council of Europe.

text: This Convention shall also be open for signature by any other non-member State of the Council of Europe upon invitation by the Committee of Ministers. The decision to invite a nonmember State to sign the Convention shall be taken by the majority provided for in

text: Article 20

text: .d of the Statute of the Council of Europe, and by a unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers, after consulting the Convention Follow-up Committee, once established.

text: This Convention 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 five signatories, including at least three member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of paragraphs 1, 2 and 3.

text: In respect of any signatory State or the European Union 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 expression of its consent to be bound by the Convention in accordance with the provisions of paragraphs 1, 2 and 3.

text: A Contracting Party which is not a member of the Council of Europe shall contribute to the financing of the Convention Follow-up Committee in a manner to be decided by the Committee of Ministers after consultation with that Party.

text: Article 32 – Signature and entry into force

text: This Convention does not affect the rights and obligations of Parties under international multilateral conventions concerning specific subjects. In particular, this Convention does not alter their rights and obligations arising from other agreements previously concluded in respect of the fight against doping and consistent with the subject and purpose of this Convention.

text: the European Convention on Extradition (1957, ETS No. 24);

text: the European Convention on Mutual Assistance in Criminal Matters (1959, ETS No. 30);

text: the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (1990, ETS No. 141);

text: The Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (2005, CETS No. 198).

text: This Convention supplements in particular, where appropriate, applicable multilateral or bilateral treaties between the Parties, including the provisions of:

text: The Parties to the Convention may conclude bilateral or multilateral treaties with one another on the matters dealt with in this Convention in order to supplement or strengthen the provisions thereof or to facilitate the application of the principles embodied therein.

text: If two or more Parties have already concluded a treaty on the matters dealt with in this Convention or have otherwise established relations in respect of such matters, they shall also be entitled to apply that treaty or to regulate those relations accordingly. However, when Parties establish relations in respect of the matters dealt with in this Convention other than as provided for therein, they shall do so in a manner that is not inconsistent with the Convention’s objectives and principles.

text: Nothing in this Convention shall affect other rights, restrictions, obligations and responsibilities of Parties.

text: Article 33 – Effects of the Convention and relationship with other international instruments

text: Each Party shall ensure that the establishment, implementation and application of the powers and procedures provided for in Chapters II to VII are subject to conditions and safeguards provided for under its domestic law, which shall provide for the adequate protection of human rights and liberties, including rights arising pursuant to obligations it has undertaken under the

text: , the 1966 United Nations

text: International Covenant on Civil and Political Rights

text: , and other applicable international human rights instruments, and which shall incorporate the principle of proportionality into its domestic law.

text: Such conditions and safeguards shall, as appropriate in view of the nature of the procedure or power concerned, inter alia include judicial or other independent supervision, grounds justifying the application, as well as the limitation of the scope and the duration of such power or procedure.

text: To the extent that it is consistent with the public interest, in particular the sound administration of justice, each Party shall consider the impact of the powers and procedures in these chapters upon the rights, responsibilities and legitimate interests of third parties.

text: Article 34 – Conditions and safeguards

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

text: Each 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 and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect of such a 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 the 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 of the Council of Europe. 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 35 – Territorial application

text: A federal State may reserve the right to assume obligations under Chapters II, IV, V and VI of this Convention consistent with its fundamental principles governing the relationship between its central government and constituent States or other similar territorial entities, provided that it is still able to co-operate under Chapters III and VII.

text: When making a reservation under paragraph 1, a federal State may not apply the terms of such reservation to exclude or substantially diminish its obligations to provide for the measures set out in Chapters III and VII. Overall, it shall provide for a broad and effective enforcement capability with respect to those measures.

text: With regard to the provisions of this Convention, the application of which comes under the jurisdiction of each constituent States or other similar territorial entities that are not obliged by the constitutional system of the federation to take legislative measures, the federal government shall inform the competent authorities of such States of the said provisions with its favourable opinion, encouraging them to take appropriate action to give them effect.

text: Article 36 – Federal clause

text: By a written notification addressed to the Secretary General of the Council of Europe, any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, declare that it avails itself of the reservations provided for in

text: Article 19

text: , paragraph 2 and in

text: Article 36

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

text: A Party that has made a reservation in accordance with paragraph 1 may wholly or partially withdraw it by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect on the date of receipt of such notification by the Secretary General. If the notification states that the withdrawal of a reservation is to take effect on a date specified therein, and such date is later than the date on which the notification is received by the Secretary General, the withdrawal shall take effect on that later date.

text: A Party that has made a reservation shall withdraw such reservation, in whole or in part, as soon as circumstances so permit.

text: The Secretary General of the Council of Europe may periodically ask Parties that have made one or more reservations for details about the prospects of withdrawal of such reservation(s).

text: Article 37 – Reservations

text: Amendments to articles of this Convention may be proposed by any Party, the Convention Follow-up Committee or the Committee of Ministers of the Council of Europe.

text: Any proposal for an amendment shall be communicated to the Secretary General of the Council of Europe and forwarded by him or her to the Parties, the member States of the Council of Europe, non-member States having participated in the elaboration of this Convention or enjoying observer status with the Council of Europe, the European Union, any State having been invited to sign this Convention and the Convention Follow-up Committee at least two months before the meeting at which it is to be considered. The Convention Followup Committee shall submit to the Committee of Ministers its opinion on the proposed amendment.

text: The Committee of Ministers shall consider the proposed amendment and any opinion submitted by the Convention Follow-up Committee and may adopt the amendment by the majority provided for in

text: Article 20

text: .d of the Statute of the Council of Europe.

text: The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 3 of this article shall be forwarded to the Parties for acceptance.

text: Any amendment adopted in accordance with paragraph 3 of this article shall come into force on the first day of the month following the expiration of a period of one month after all Parties have informed the Secretary General of their acceptance thereof following their respective internal procedures.

text: If an amendment has been adopted by the Committee of Ministers, but has not yet entered into force in accordance with paragraph 5, a State or the European Union may not express their consent to be bound by the Convention without accepting at the same time the amendment.

text: Article 38 – Amendments

text: The Convention Follow-up Committee, in close co-operation with the relevant Council of Europe intergovernmental committees shall be kept informed of any difficulties regarding the interpretation and application of this Convention.

text: In the event of a dispute between Parties as to the interpretation or application of this Convention, they shall seek a settlement of the dispute through negotiation, conciliation or arbitration, or any other peaceful means of their choice.

text: The Committee of Ministers of the Council of Europe may establish settlement procedures which may be used by the Parties to a dispute, subject to their consent.

text: Article 39 – Settlement of disputes

text: Each 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: Article 40 – Denunciation

text: any signature;

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

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

text: Article 32

text: any reservation and any withdrawal of a reservation made in accordance with

text: Article 37

text: any declaration made in accordance with

text: Articles 9

text: and 13;

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

text: The Secretary General of the Council of Europe shall notify the Parties, the member States of the Council of Europe, the other States Parties to the European Cultural Convention, the nonmember States having participated in the elaboration of this Convention or enjoying observer status with the Council of Europe, the European Union, and any State having been invited to sign this Convention in accordance with the provisions of

text: Article 32

text: , of:

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

text: Done in Magglingen/Macolin, this 18th day of September 2014, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention or enjoy observer status with the Council of Europe, to the European Union and to any State invited to sign this Convention.

text: Article 41 – Notification


identifier: CETS No. 216

openingPlace: Santiago de Compostela

publisher: Council of Europe Treaty Office

reference: CETS No. 216

title: Council of Europe Convention against Trafficking in Human Organs

text: Council of Europe Treaty Series - No. 216

type: stycke

text: Council of Europe Convention against Trafficking in Human Organs

text: Santiago de Compostela, 25.III.2015

text: Preamble

text: The member States of the Council of Europe and the other signatories to this Convention;

text: Bearing in mind the Universal Declaration of Human Rights, proclaimed by the United Nations General Assembly on 10 December 1948, and the

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

text: (1950, ETS No. 5);

text: Bearing in mind the Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (1997, ETS No. 164) and the Additional Protocol to the Convention on Human Rights and Biomedicine concerning Transplantation of Organs and Tissues of Human Origin (2002, ETS No. 186);

text: Bearing in mind the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime (2000) and the Council of Europe Convention on Action against Trafficking in Human Beings (2005, CETS No. 197);

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

text: Considering that the trafficking in human organs violates human dignity and the right to life and constitutes a serious threat to public health;

text: Determined to contribute in a significant manner to the eradication of the trafficking in human organs through the introduction of new offences supplementing the existing international legal instruments in the field of trafficking in human beings for the purpose of the removal of organs;

text: Considering that the purpose of this Convention is to prevent and combat trafficking in human organs, and that the implementation of the provisions of the Convention concerning substantive criminal law should be carried out taking into account its purpose and the principle of proportionality;

text: Recognising that, to efficiently combat the global threat posed by the trafficking in human organs, close international co-operation between Council of Europe member States and nonmember States alike should be encouraged,

text: Have agreed as follows:

text: CETS 216 – Trafficking in Human Organs, 25.III.2015 __________________________________________________________________________________

text: Chapter I – Purposes, scope and use of terms

ordinal: a

text: to prevent and combat the trafficking in human organs by providing for the criminalisation of certain acts;

type: punkt

ordinal: b

text: to protect the rights of victims of the offences established in accordance with this Convention;

ordinal: c

text: to facilitate co-operation at national and international levels on action against the trafficking in human organs.

text: The purposes of this Convention are:

text: In order to ensure effective implementation of its provisions by the Parties, this Convention sets up a specific follow-up mechanism.

text: Article 1 – Purposes

type: artikel

text: This Convention applies to the trafficking in human organs for purposes of transplantation or other purposes, and to other forms of illicit removal and of illicit implantation.

text: For the purposes of this Convention, the term:

text: – “trafficking in human organs” shall mean any illicit activity in respect of human organs as prescribed in

text: Article 4

text: , paragraph 1 and

text: Articles 5

text: , 7, 8 and 9 of this Convention;

text: – “human organ” shall mean a differentiated part of the human body, formed by different tissues, that maintains its structure, vascularisation and capacity to develop physiological functions with a significant level of autonomy. A part of an organ is also considered to be an organ if its function is to be used for the same purpose as the entire organ in the human body, maintaining the requirements of structure and vascularisation.

text: Article 2 – Scope and use of terms

text: The implementation of the provisions of this Convention by the Parties, in particular the enjoyment of measures to protect the rights of victims, shall be secured without discrimination on any ground such as sex, race, colour, language, age, religion, political or any other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, state of health, disability or other status.

text: Article 3 – Principle of non-discrimination

text: Chapter II – Substantive Criminal Law

text: where the removal is performed without the free, informed and specific consent of the living or deceased donor, or, in the case of the deceased donor, without the removal being authorised under its domestic law;

text: where, in exchange for the removal of organs, the living donor, or a third party, has been offered or has received a financial gain or comparable advantage;

text: where in exchange for the removal of organs from a deceased donor, a third party has been offered or has received a financial gain or comparable advantage.

text: Each Party shall take the necessary legislative and other measures to establish as a criminal offence under its domestic law, when committed intentionally, the removal of human organs from living or deceased donors:

text: Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply paragraph 1. a of this article to the removal of human organs from living donors, in exceptional cases and in accordance with appropriate safeguards or consent provisions under its domestic law. Any reservation made under this paragraph shall contain a brief statement of the relevant domestic law.

text: The expression “financial gain or comparable advantage” shall, for the purpose of paragraph 1, b and c, not include compensation for loss of earnings and any other justifiable expenses caused by the removal or by the related medical examinations, or compensation in case of damage which is not inherent to the removal of organs.

text: Each Party shall consider taking the necessary legislative or other measures to establish as a criminal offence under its domestic law the removal of human organs from living or deceased donors where the removal is performed outside of the framework of its domestic transplantation system, or where the removal is performed in breach of essential principles of national transplantation laws or rules. If a Party establishes criminal offences in accordance with this provision, it shall endeavour to apply also

text: Articles 9

text: to 22 to such offences.

text: Article 4 – Illicit removal of human organs

text: Each Party shall take the necessary legislative and other measures to establish as a criminal offence under its domestic law, when committed intentionally, the use of illicitly removed organs, as described in

text: Article 4

text: , paragraph 1, for purposes of implantation or other purposes than implantation.

text: Article 5 – Use of illicitly removed organs for purposes of implantation or other purposes than implantation

text: Each Party shall consider taking the necessary legislative or other measures to establish as a criminal offence under its domestic law, when committed intentionally, the implantation of human organs from living or deceased donors where the implantation is performed outside of the framework of its domestic transplantation system, or where the implantation is performed in breach of essential principles of national transplantation laws or rules. If a Party establishes criminal offences in accordance with this provision, it shall endeavour to apply also

text: Articles 9

text: to 22 to such offences.

text: Article 6 – Implantation of organs outside of the domestic transplantation system or in breach of essential principles of national transplantation law

text: Each Party shall take the necessary legislative and other measures to establish as a criminal offence under its domestic law, when committed intentionally, the solicitation and recruitment of an organ donor or a recipient, where carried out for financial gain or comparable advantage for the person soliciting or recruiting, or for a third party.

text: Each Party shall take the necessary legislative and other measures to establish as a criminal offence, when committed intentionally, the promising, offering or giving by any person, directly or indirectly, of any undue advantage to healthcare professionals, its public officials or persons who direct or work for private sector entities, in any capacity, with a view to having a removal or implantation of a human organ performed or facilitated, where such removal or implantation takes place under the circumstances described in

text: Article 4

text: , paragraph 1, or

text: Article 5

text: and where appropriate

text: Article 4

text: , paragraph 4 or

text: Article 6

text: Each Party shall take the necessary legislative and other measures to establish as a criminal offence, when committed intentionally, the request or receipt by healthcare professionals, its public officials or persons who direct or work for private sector entities, in any capacity, of any undue advantage with a view to performing or facilitating the performance of a removal or implantation of a human organ, where such removal or implantation takes place under the circumstances described in

text: Article 4

text: , paragraph 1 or

text: Article 5

text: and where appropriate

text: Article 4

text: , paragraph 4 or

text: Article 6

text: Article 7 – Illicit solicitation, recruitment, offering and requesting of undue advantages

text: Each Party shall take the necessary legislative and other measures to establish as a criminal offence under its domestic law, when committed intentionally:

text: the preparation, preservation, and storage of illicitly removed human organs as described in

text: Article 4

text: , paragraph 1, and where appropriate

text: Article 4

text: , paragraph 4;

text: the transportation, transfer, receipt, import and export of illicitly removed human organs as described in

text: Article 4

text: , paragraph 1, and where appropriate

text: Article 4

text: , paragraph 4.

text: Article 8 – Preparation, preservation, storage, transportation, transfer, receipt, import and export of illicitly removed human organs

text: Each Party shall take the necessary legislative and other measures to establish as criminal offences, when committed intentionally, aiding or abetting the commission of any of the criminal offences established in accordance with this Convention.

text: Each Party shall take the necessary legislative and other measures to establish as a criminal offence the intentional attempt to commit any of the criminal offences established in accordance with this Convention.

text: Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply, or to apply only in specific cases or conditions, paragraph 2 to offences established in accordance with

text: Article 7

text: and

text: Article 8

text: Article 9 – Aiding or abetting and attempt

text: in its territory; or b on board a ship flying the flag of that Party; or c on board an aircraft registered under the laws of that Party; or d by one of its nationals; or e by a person who has his or her habitual residence in its territory.

text: Each Party shall take such legislative or other measures as may be necessary to establish jurisdiction over any offence established in accordance with this Convention, when the offence is committed:

text: Each Party shall endeavour to take the necessary legislative or other measures to establish jurisdiction over any offence established in accordance with this Convention where the offence is committed against one of its nationals or a person who has his or her habitual residence in its territory.

text: Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply or to apply only in specific cases or conditions the jurisdiction rules laid down in paragraph 1. d and e of this article.

text: For the prosecution of the offences established in accordance with this Convention, each Party shall take the necessary legislative or other measures to ensure that its jurisdiction as regards paragraphs 1. d and e of this article is not subordinated to the condition that the prosecution can only be initiated following a report from the victim or the laying of information by the State of the place where the offence was committed.

text: Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply or to apply only in specific cases paragraph 4 of this article.

text: Each Party shall take the necessary legislative or other measures to establish jurisdiction over the offences established in accordance with this Convention, in cases where an alleged offender is present on its territory and it does not extradite him or her to another State, solely on the basis of his or her nationality.

text: When more than one Party claims jurisdiction over an alleged offence established in accordance with this Convention, the Parties involved shall, where appropriate, consult with a view to determining the most appropriate jurisdiction for prosecution.

text: Without prejudice to the general rules of international law, this Convention does not exclude any criminal jurisdiction exercised by a Party in accordance with its internal law.

text: Article 10 – Jurisdiction

text: a power of representation of the legal person; b an authority to take decisions on behalf of the legal person; c an authority to exercise control within the legal person.

text: Each Party shall take the necessary legislative and other measures to ensure that legal persons can be held liable for offences established in accordance with this Convention, when committed for their benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within it based on:

text: Apart from the cases provided for in paragraph 1 of this article, each Party shall take the necessary legislative and other measures to ensure that a legal person can be held liable where the lack of supervision or control by a natural person referred to in paragraph 1 has made possible the commission of an offence established in accordance with this Convention for the benefit of that legal person by a natural person acting under its authority.

text: ubject to the legal principles of the Party, the liability of a legal person may be criminal, civil or administrative.

text: Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offence.

text: Article 11 – Corporate liability

text: Each Party shall take the necessary legislative and other measures to ensure that the offences established in accordance with this Convention are punishable by effective, proportionate and dissuasive sanctions. These sanctions shall include, for offences established in accordance with

text: Article 4

text: , paragraph 1 and, where appropriate,

text: Article 5

text: and

text: Articles 7

text: to 9, when committed by natural persons, penalties involving deprivation of liberty that may give rise to extradition.

text: temporary or permanent disqualification from exercising commercial activity; b placing under judicial supervision; c a judicial winding-up order.

text: Each Party shall take the necessary legislative and other measures to ensure that legal persons held liable in accordance with

text: Article 11

text: are subject to effective, proportionate and dissuasive sanctions, including criminal or non-criminal monetary sanctions, and may include other measures, such as:

text: permit seizure and confiscation of proceeds of the criminal offences established in accordance with this Convention, or property whose value corresponds to such proceeds;

text: enable the temporary or permanent closure of any establishment used to carry out any of the criminal offences established in accordance with this Convention, without prejudice to the rights of bona fide third parties, or deny the perpetrator, temporarily or permanently, in conformity with the relevant provisions of domestic law, the exercise of a professional activity relevant to the commission of any of the offences established in accordance with this Convention.

text: Each Party shall take the necessary legislative and other measures to:

text: Article 12 – Sanctions and measures

text: Each Party shall take the necessary legislative and other measures to ensure that the following circumstances, in so far as they do not already form part of the constituent elements of the offence, may, in conformity with the relevant provisions of domestic law, be taken into consideration as aggravating circumstances in determining the sanctions in relation to the offences established in accordance with this Convention:

text: the offence caused the death of, or serious damage to the physical or mental health of, the victim;

text: the offence was committed by a person abusing his or her position;

text: the offence was committed in the framework of a criminal organisation;

text: the perpetrator has previously been convicted of offences established in accordance with this Convention;

text: the offence was committed against a child or any other particularly vulnerable person.

text: Article 13 – Aggravating circumstances

text: Each Party shall take the necessary legislative and other measures to provide for the possibility to take into account final sentences passed by another Party in relation to the offences established in accordance with this Convention when determining the sanctions.

text: Article 14 – Previous convictions

text: Chapter III – Criminal Procedural Law

text: Each Party shall take the necessary legislative and other measures to ensure that investigations or prosecution of offences established in accordance with this Convention should not be subordinate to a complaint and that the proceedings may continue even if the complaint is withdrawn.

text: Article 15 – Initiation and continuation of proceedings

text: Each Party shall take the necessary legislative and other measures, in conformity with the principles of its domestic law, to ensure effective criminal investigation and prosecution of offences established in accordance with this Convention.

text: Article 16 – Criminal investigations

text: The Parties shall co-operate with each other, in accordance with the provisions of this Convention and in pursuance of relevant applicable international and regional instruments and arrangements agreed on the basis of uniform or reciprocal legislation and their domestic law, to the widest extent possible, for the purpose of investigations or proceedings concerning the offences established in accordance with this Convention, including seizure and confiscation.

text: The Parties shall co-operate to the widest extent possible in pursuance of the relevant applicable international, regional and bilateral treaties on extradition and mutual legal assistance in criminal matters concerning the offences established in accordance with this Convention.

text: If a Party that makes extradition or mutual legal assistance in criminal matters conditional on the existence of a treaty receives a request for extradition or legal assistance in criminal matters from a Party with which it has no such a treaty, it may, acting in full compliance with its obligations under international law and subject to the conditions provided for by the domestic law of the requested Party, consider this Convention as the legal basis for extradition or mutual legal assistance in criminal matters in respect of the offences established in accordance with this Convention.

text: Article 17 – International co-operation

text: Chapter IV – Protection measures

text: Each Party shall take the necessary legislative and other measures to protect the rights and interests of victims of offences established in accordance with this Convention, in particular by:

text: ensuring that victims have access to information relevant to their case and which is necessary for the protection of their health and other rights involved;

text: assisting victims in their physical, psychological and social recovery;

text: providing, in its domestic law, for the right of victims to compensation from the perpetrators.

text: Article 18 – Protection of victims

text: informing them of their rights and the services at their disposal and, upon request, the follow-up given to their complaint, the charges retained, the state of the criminal proceedings, unless in exceptional cases the proper handling of the case may be adversely affected by such notification, and their role therein as well as the outcome of their cases;

text: enabling them, in a manner consistent with the procedural rules of domestic law, to be heard, to supply evidence and have their views, needs and concerns presented, directly or through an intermediary, and considered;

text: providing them with appropriate support services so that their rights and interests are duly presented and taken into account;

text: providing effective measures for their safety, as well as that of their families, from intimidation and retaliation.

text: Each Party shall take the necessary legislative and other measures to protect the rights and interests of victims at all stages of criminal investigations and proceedings, in particular by:

text: Each Party shall ensure that victims have access, as from their first contact with the competent authorities, to information on relevant judicial and administrative proceedings.

text: Each Party shall ensure that victims have access to legal aid, in accordance with domestic law and provided free of charge where warranted, when it is possible for them to have the status of parties to criminal proceedings.

text: Each Party shall take the necessary legislative and other measures to ensure that victims of an offence established in accordance with this Convention committed in the territory of a Party other than the one where they reside can make a complaint before the competent authorities of their State of residence.

text: Each Party shall provide, by means of legislative or other measures, in accordance with the conditions provided for by its domestic law, the possibility for groups, foundations, associations or governmental or non-governmental organisations, to assist and/or support the victims with their consent during criminal proceedings concerning the offences established in accordance with this Convention.

text: Article 19 – Standing of victims in criminal proceedings

text: Each Party shall, within its means and in accordance with the conditions provided for by its domestic law, provide effective protection from potential retaliation or intimidation for witnesses in criminal proceedings, who give testimony concerning offences covered by this Convention and, as appropriate, for their relatives and other persons close to them.

text: Paragraph 1 of this article shall also apply to victims insofar as they are witnesses.

text: Article 20 – Protection of witnesses

text: Chapter V – Prevention measures

text: the existence of a transparent domestic system for the transplantation of human organs;

text: equitable access to transplantation services for patients;

text: adequate collection, analysis and exchange of information related to the offences covered by this Convention in co-operation between all relevant authorities.

text: Each Party shall take the necessary legislative and other measures to ensure:

text: to provide information or strengthen training for healthcare professionals and relevant officials in the prevention of and combat against trafficking in human organs;

text: to promote awareness-raising campaigns addressed to the general public about the unlawfulness and dangers of trafficking in human organs.

text: With the aim of preventing and combatting trafficking in human organs, each Party shall take measures, as appropriate:

text: Each Party shall take the necessary legislative and other measures to prohibit the advertising of the need for, or availability of human organs, with a view to offering or seeking financial gain or comparable advantage.

text: Article 21 – Measures at domestic level

text: The Parties shall, to the widest extent possible, co-operate with each other in order to prevent trafficking in human organs. In particular, the Parties shall:

text: report to the Committee of the Parties at its request on the number of cases of trafficking in human organs within their respective jurisdictions;

text: designate a national contact point for the exchange of information pertaining to trafficking in human organs.

text: Article 22 – Measures at international level

text: Chapter VI – Follow-up mechanism

text: The Committee of the Parties shall be composed of representatives of the Parties to the Convention.

text: The Committee of the Parties shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within a period of one year following the entry into force of this Convention for the tenth signatory having ratified it. It shall subsequently meet whenever at least one third of the Parties or the Secretary General so requests.

text: The Committee of the Parties shall adopt its own rules of procedure.

text: The Committee of the Parties shall be assisted by the Secretariat of the Council of Europe in carrying out its functions.

text: A contracting Party which is not a member of the Council of Europe shall contribute to the financing of the Committee of the Parties in a manner to be decided by the Committee of Ministers upon consultation of that Party.

text: Article 23 – Committee of the Parties

text: The Parliamentary Assembly of the Council of Europe, the European Committee on Crime Problems (CDPC), as well as other relevant Council of Europe intergovernmental or scientific committees, shall each appoint a representative to the Committee of the Parties in order to contribute to a multisectoral and multidisciplinary approach.

text: The Committee of Ministers may invite other Council of Europe bodies to appoint a representative to the Committee of the Parties after consulting the latter.

text: Representatives of relevant international bodies may be admitted as observers to the Committee of the Parties following the procedure established by the relevant rules of the Council of Europe.

text: Representatives of relevant official bodies of the Parties may be admitted as observers to the Committee of the Parties following the procedure established by the relevant rules of the Council of Europe.

text: Representatives of civil society, and in particular non-governmental organisations, may be admitted as observers to the Committee of the Parties following the procedure established by the relevant rules of the Council of Europe.

text: In the appointment of representatives under paragraphs 2 to 5 of this article, a balanced representation of the different sectors and disciplines shall be ensured.

text: Representatives appointed under paragraphs 1 to 5 above shall participate in meetings of the Committee of the Parties without the right to vote.

text: Article 24 – Other representatives

text: The Committee of the Parties shall monitor the implementation of this Convention. The rules of procedure of the Committee of the Parties shall determine the procedure for evaluating the implementation of this Convention, using a multisectoral and multidisciplinary approach.

text: The Committee of the Parties shall also facilitate the collection, analysis and exchange of information, experience and good practice between States to improve their capacity to prevent and combat trafficking in human organs. The Committee may avail itself of the expertise of other relevant Council of Europe committees and bodies.

text: facilitate the effective use and implementation of this Convention, including the identification of any problems that may arise and the effects of any declaration or reservation made under this Convention;

text: express an opinion on any question concerning the application of this Convention and facilitate the exchange of information on significant legal, policy or technological developments;

text: make specific recommendations to Parties concerning the implementation of this Convention.

text: Furthermore, the Committee of the Parties shall, where appropriate:

text: The European Committee on Crime Problems (CDPC) shall be kept periodically informed regarding the activities mentioned in paragraphs 1, 2 and 3 of this article.

text: Article 25 – Functions of the Committee of the Parties

text: Chapter VII – Relationship with other international instruments

text: This Convention shall not affect the rights and obligations arising from the provisions of other international instruments to which Parties to the present Convention are Parties or shall become Parties and which contain provisions on matters governed by this Convention.

text: The Parties to the Convention may conclude bilateral or multilateral agreements with one another on the matters dealt with in this Convention, for purposes of supplementing or strengthening its provisions or facilitating the application of the principles embodied in it.

text: Article 26 – Relationship with other international instruments

text: Chapter VIII – Amendments to the Convention

text: Any proposal for an amendment to this Convention presented by a Party shall be communicated to the Secretary General of the Council of Europe and forwarded by him or her to the member States of the Council of Europe, the non-member States enjoying observer status with the Council of Europe, the European Union, and any State having been invited to sign this Convention.

text: Any amendment proposed by a Party shall be communicated to the European Committee on Crime Problems (CDPC) and other relevant Council of Europe intergovernmental or scientific committees, which shall submit to the Committee of the Parties their opinions on that proposed amendment.

text: The Committee of Ministers of the Council of Europe shall consider the proposed amendment and the opinion submitted by the Committee of Parties and, after having consulted the Parties to this Convention that are not members of the Council of Europe, may adopt the amendment by the majority provided for in

text: Article 20

text: Any amendment adopted in accordance with paragraph 3 of this article shall enter into force on the first day of the month following the expiration of a period of one month after the date on which all Parties have informed the Secretary General that they have accepted it.

text: Article 27 – Amendments

text: Chapter IX – Final clauses

text: This Convention shall be open for signature by the member States of the Council of Europe, the European Union and the non-member States which enjoy observer status with the Council of Europe. It shall also be open for signature by any other non-member State of the Council of Europe upon invitation by the Committee of Ministers. The decision to invite a non-member State to sign the Convention shall be taken by the majority provided for in

text: Article 20

text: .d of the Statute of the Council of Europe, and by unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers. This decision shall be taken after having obtained the unanimous agreement of the other States/European Union having expressed their consent to be bound by this Convention.

text: This Convention 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 five signatories, including at least three member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of the preceding paragraph.

text: In respect of any State or the European Union, which subsequently expresses its consent to be bound by the Convention, it 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 its instrument of ratification, acceptance or approval.

text: Article 28 – Signature and entry into force

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

text: Any 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 and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect of such territory, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

text: Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. 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 29 – Territorial application

text: Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, declare that it avails itself of one or more of the reservations provided for in

text: Articles 4

text: , paragraph 2; 9, paragraph 3; 10, paragraphs 3 and 5.

text: Any State or the European Union may also, at the time of signature or when deposing its instrument of ratification, acceptance or approval, declare that it reserves the right to apply the

text: Article 5

text: and

text: Article 7

text: , paragraphs 2 and 3, only when the offences are committed for purposes of implantation, or for purposes of implantation and other purposes as specified by the Party.

text: No other reservation may be made.

text: Each Party which has made a reservation may, at any time, withdraw it entirely or partially by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect from the date of the receipt of such notification by the Secretary General.

text: Article 30 – Reservations

text: The Committee of the Parties will follow in close co-operation with the European Committee on Crime Problems (CDPC) and other relevant Council of Europe intergovernmental or scientific committees the application of this Convention and facilitate, when necessary, the friendly settlement of all difficulties related to its application.

text: Article 31 – Dispute 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: Article 32 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the non-member States enjoying observer status with the Council of Europe, the European Union, and any State having been invited to sign this Convention in accordance with the provisions of

text: Article 28

text: , of:

text: any signature;

text: Article 28

text: any amendment adopted in accordance with

text: Article 27

text: and the date on which such an amendment enters into force;

text: any reservation and withdrawal of reservation made in pursuance of

text: Article 30

text: any denunciation made in pursuance of the provisions of

text: Article 32

text: Done in Santiago de Compostela, this 25th day of March 2015, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which enjoy observer status with the Council of Europe, to the European Union and to any State invited to sign this Convention.

text: Article 33 – Notification