identifier: CETS No. 221

openingPlace: Nicosia

reference: CETS No. 221

title: Council of Europe Convention on Offences relating to Cultural Property

text: Council of Europe Treaty Series - No. 221

text: Council of Europe Convention on Offences relating to Cultural Property

text: Nicosia, 19.V.2017

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 greater unity between its members;

text: Being convinced that the diverse cultural property belonging to peoples constitutes a unique and important testimony of the culture and identity of such peoples, and forms their cultural heritage;

text: Concerned that offences related to cultural property are growing and that such offences, to an increasing extent, are leading to the destruction of the world's cultural heritage;

text: Considering that unlawfully excavated and illicitly exported or imported cultural property is increasingly being sold in many different ways, including through antique shops and auction houses, and over the internet;

text: Considering that organised crime is involved in the trafficking of cultural property;

text: Concerned that terrorist groups are involved in the deliberate destruction of cultural heritage and use the illicit trade of cultural property as a source of financing;

text: Convinced of the need for a new Council of Europe Convention on Offences relating to Cultural Property which sets out criminal sanctions in this regard and which will replace the European Convention on Offences relating to Cultural Property (ETS No. 119), opened for signature in Delphi on 23 June 1985;

text: Having regard to the European Cultural Convention (ETS No. 18, 1954), the European Convention on the Protection of the Archaeological Heritage (ETS No. 66, 1969; ETS No. 143, revised in 1992), the Convention for the Protection of the Architectural Heritage of Europe (ETS No. 121, 1985) and the Council of Europe Framework Convention on the Value of Cultural Heritage for Society (CETS No. 199, 2005);

text: Having regard to the European Convention on Mutual Assistance in Criminal Matters (ETS No. 30, 1959) and the European Convention on Extradition (ETS No. 24, 1957);

text: CETS 221 – Offences relating to Cultural Property, 19.V.2017 __________________________________________________________________________________

text: Bearing in mind Resolution 2199 (2015) adopted by the Security Council of the United Nations at its 7379th meeting, on 12 February 2015, and in particular paragraphs 15, 16 and 17; Resolution 2253 (2015) adopted by the Security Council of the United Nations at its 7587th meeting, on 17 December 2015, and in particular paragraphs 14 and 15; Resolution 2322 (2016) adopted by the Security Council of the United Nations at its 7831st meeting, on 12 December 2016, and in particular paragraph 12; Resolution 2347 (2017) adopted by the Security Council of the United Nations at its 7907th meeting, on 24 March 2017;

text: Bearing in mind also the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, its First Protocol of 1954 and Second Protocol of 1999; the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and its Operational Guidelines adopted in 2015 by the third Meeting of States Parties; the 1972 UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage; the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects; the 2000 United Nations Convention against Transnational Organized Crime and the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage;

text: Also bearing in mind Resolution 2057 (2015) on cultural heritage in crisis and post-crisis situations, adopted by the Standing Committee of the Parliamentary Assembly of the Council of Europe on 22 May 2015;

text: Taking into consideration the International Guidelines for Crime Prevention and Criminal Justice Responses with Respect to Trafficking in Cultural Property and Other Related Offences, adopted by the General Assembly of the United Nations with its Resolution 69/196 of 18 December 2014;

text: Considering that the purpose of this Convention is to protect cultural property through the prevention of and the fight against criminal offences relating to cultural property;

text: Recognising that, to efficiently combat cultural property crimes, close international co-operation between Council of Europe member States and non-member States alike should be encouraged,

text: Have agreed as follows:

text: Chapter I – Purpose, scope, use of terms

text: prevent and combat the destruction of, damage to, and trafficking of cultural property by providing for the criminalisation of certain acts;

text: strengthen crime prevention and the criminal justice response to all criminal offences relating to cultural property;

text: promote national and international co-operation in combatting criminal offences relating to cultural property;

text: The purpose of this Convention is to:

text: and thereby protect cultural property.

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

text: Article 1 – Purpose of the Convention

text: in respect of immovable property, any monument, group of buildings, site or structure of any other kind, whether situated on land or underwater, which is, on religious or secular grounds, defined or specifically designated by any Party to this Convention or by any Party to the 1970 UNESCO Convention as being of importance for archaeology, prehistory, ethnology, history, art or science or listed in accordance with

text: Article 1

text: and

text: Article 11

text: (paragraphs 2 or 4) of the 1972 UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage.

text: This Convention applies to the prevention, investigation, and prosecution of the criminal offences referred to in this Convention relating to movable and immovable cultural property. 2 For the purposes of this Convention the term “cultural property” shall mean: a in respect of movable property, any object, situated on land or underwater or removed therefrom, which is, on religious or secular grounds, classified, defined or specifically designated by any Party to this Convention or to the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, as being of importance for archaeology, prehistory, ethnology, history, literature, art or science, and which belongs to the following categories: (a) rare collections and specimens of fauna, flora, minerals and anatomy, and objects of palaeontological interest; (b) property relating to history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists and artists and to events of national importance; (c) products of archaeological excavations (including regular and clandestine) or of archaeological discoveries; (d) elements of artistic or historical monuments or archaeological sites which have been dismembered; (e) antiquities more than one hundred years old, such as inscriptions, coins and engraved seals; (f) objects of ethnological interest; (g) property of artistic interest, such as: (i) pictures, paintings and drawings produced entirely by hand on any support and in any material (excluding industrial designs and manufactured articles decorated by hand); (ii) original works of statuary art and sculpture in any material; (iii) original engravings, prints and lithographs; (iv) original artistic assemblages and montages in any material; (h) rare manuscripts and incunabula, old books, documents and publications of special interest (historical, artistic, scientific, literary, etc.) singly or in collections; (i) postage, revenue and similar stamps, singly or in collections; (j) archives, including sound, photographic and cinematographic archives; (k) articles of furniture more than one hundred years old and old musical instruments;

text: Article 2 – Scope and use of terms

text: Chapter II – Substantive criminal law

text: Each Party shall ensure that the offence of theft and other forms of unlawful appropriation as set out in their domestic criminal law apply to movable cultural property.

text: Article 3 – Theft and other forms of unlawful appropriation

text: the excavation on land or under water in order to find and remove cultural property without the authorisation required by the law of the State where the excavation took place;

text: the removal and retention of movable cultural property excavated without the authorisation required by the law of the State where the excavation took place;

text: the unlawful retention of movable cultural property excavated in compliance with the authorisation required by the law of the State where the excavation took place.

text: Each Party shall ensure that the following conducts constitute a criminal offence under its domestic law, when committed intentionally:

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right to provide for non-criminal sanctions, instead of criminal sanctions for the conduct described in paragraph 1 of the present article.

text: Article 4 – Unlawful excavation and removal

text: stolen in another State;

text: excavated or retained under circumstances described in

text: Article 4

text: of this Convention; or

text: exported in violation of the law of the State that has classified, defined or specifically designated such cultural property in accordance with

text: Article 2

text: of this Convention,

text: Each Party shall ensure that, when committed intentionally, the importation of movable cultural property, the importation of which is prohibited pursuant to its domestic law on the grounds that it has been:

text: constitutes a criminal offence under its domestic law where the offender knew that the cultural property had been stolen, excavated or exported in violation of the law of that other State.

text: Article 5 – Illegal importation

text: Each Party shall ensure that the exportation of movable cultural property, if the exportation is prohibited or carried out without authorisation pursuant to its domestic law, constitutes a criminal offence under its domestic law, when committed intentionally.

text: Each Party shall consider taking the necessary measures to apply paragraph 1 of the present article also in respect of movable cultural property that had been illegally imported.

text: Article 6 – Illegal exportation

text: Each Party shall ensure that the acquisition of movable cultural property that has been stolen in accordance with

text: Article 3

text: of this Convention or has been excavated, imported or exported under circumstances described in

text: Articles 4

text: , 5 or 6 of this Convention constitutes a criminal offence under its domestic law where the person knows of such unlawful provenance.

text: Each Party shall consider taking the necessary measures to ensure that the conduct described in paragraph 1 of the present article constitutes a criminal offence also in the case of a person who should have known of the cultural property’s unlawful provenance if he or she had exercised due care and attention in acquiring the cultural property.

text: Article 7 – Acquisition

text: Each Party shall ensure that the placing on the market of movable cultural property that has been stolen in accordance with

text: Article 3

text: Articles 4

text: Each Party shall consider taking the necessary measures to ensure that the conduct described in paragraph 1 of the present article constitutes a criminal offence also in the case of a person who should have known of the cultural property’s unlawful provenance if he or she had exercised due care and attention in placing the cultural property on the market.

text: Article 8 – Placing on the market

text: Each Party shall ensure that the making of false documents and the act of tampering with documents relating to movable cultural property constitute criminal offences under its domestic law, where these actions are intended to present the property as having licit provenance.

text: Article 9 – Falsification of documents

text: the unlawful destruction or damaging of movable or immovable cultural property, regardless of the ownership of such property;

text: the unlawful removal, in whole or in part, of any elements from movable or immovable cultural property, with a view to importing, exporting or placing on the market these elements under the circumstances described in

text: Articles 5

text: , 6 and 8 of this Convention.

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply paragraph 1 of the present article, or to apply it only in specific cases or conditions in cases where the cultural property has been destroyed or damaged by the owner of the cultural property or with the owner’s consent.

text: Article 10 – Destruction and damage

text: Each Party shall ensure that the intentional aiding or abetting the commission of a criminal offence referred to in this Convention also constitutes a criminal offence under its domestic law.

text: Each Party shall ensure that the intentional attempt to commit any of the criminal offences referred to in this Convention with the exception of those defined in

text: Article 4

text: , paragraph 1, subparagraph a and in

text: Article 8

text: also constitutes a criminal offence under its domestic law.

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply, or to apply only in specific cases or conditions, the provision of paragraph 1 of the present article in respect of offences defined in

text: Article 4

text: , paragraph 1, sub-paragraph a.

text: Article 11 – Aiding or abetting and attempt

text: in its territory;

text: on board a ship flying the flag of that Party;

text: on board an aircraft registered under the laws of that Party; or

text: by one of its nationals.

text: Each Party shall take the necessary measures to establish jurisdiction over the criminal offences referred to in this Convention, when the offence is committed:

text: Each Party shall take the necessary measures to establish jurisdiction over any criminal offence referred to in this Convention, when the alleged offender is present in its territory and cannot be extradited to another State, solely on the basis of his or her nationality.

text: Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, 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, sub-paragraph d of the present article.

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

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

text: Article 12 – Jurisdiction

text: a power of representation of the legal person;

text: an authority to take decisions on behalf of the legal person;

text: an authority to exercise control within the legal person.

text: Each Party shall ensure that legal persons can be held liable for criminal offences referred to in 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 that legal person, based on:

text: Apart from the cases provided for in paragraph 1 of the present article, each Party shall 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 of the present article has made possible the commission of a criminal offence referred to in this Convention for the benefit of that legal person by a natural person acting under its authority.

text: Subject 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 a natural person who has committed the offence.

text: Article 13 – Liability of legal persons

text: Each Party shall ensure that the criminal offences referred to in this Convention, when committed by natural persons, are punishable by effective, proportionate and dissuasive sanctions, which take into account the seriousness of the offence. These sanctions shall include, except for offences defined in

text: Article 4

text: , paragraph 1, sub-paragraph a, and in

text: Article 5

text: , paragraph 1, sub-paragraphs b and c, of this Convention, penalties involving deprivation of liberty that may give rise to extradition.

text: temporary or permanent disqualification from exercising commercial activity;

text: exclusion from entitlement to public benefits or aid;

text: placing under judicial supervision;

text: a judicial winding-up order.

text: Each Party shall ensure that legal persons held liable in accordance with

text: Article 13

text: of this Convention are subject to effective, proportionate and dissuasive sanctions, which shall include criminal or non-criminal monetary sanctions, and could include other measures, such as:

text: instrumentalities used to commit criminal offences referred to in this Convention;

text: proceeds derived from such offences, or property whose value corresponds to such proceeds.

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

text: Each Party shall, where cultural property has been seized in the course of criminal proceedings but is no longer required for the purposes of these proceedings, undertake to apply, where appropriate, its criminal procedural law, other domestic law or applicable international treaties when deciding to hand over that property to the State that had specifically designated, classified or defined it as cultural property in accordance with

text: Article 2

text: of this Convention.

text: Article 14 – Sanctions and measures

text: Each Party shall 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 criminal offences referred to in this Convention:

text: the offence was committed by persons abusing the trust placed in them in their capacity as professionals;

text: the offence was committed by a public official tasked with the conservation or the protection of movable or immovable cultural property, if he or she has intentionally refrained from properly performing his or her duties with a view to obtaining an undue advantage or a prospect thereof;

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

text: the perpetrator has previously been convicted of the offences referred to in this Convention.

text: Article 15 – Aggravating circumstances

text: Each Party shall take the necessary measures to provide for the possibility to take into account final sentences passed by another Party in relation to the criminal offences referred to in this Convention when determining the sanctions.

text: Article 16 – Previous sentences passed by another Party

text: Chapter III – Investigation, prosecution and procedural law

text: Each Party shall take the necessary legislative and other measures to ensure that investigations or prosecution of criminal offences referred to in this Convention should not be subordinate to a complaint.

text: Article 17 – Initiation of proceedings

text: Each Party shall consider taking legislative and other measures to ensure that persons, units or services in charge of investigations are specialised in the field of combating the trafficking of cultural property or that persons are trained for this purpose.

text: Article 18 – 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 legislation or reciprocity and their domestic law, to the widest extent possible, for the purpose of investigations or proceedings concerning the criminal offences referred to in this Convention, including seizure and confiscation.

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 referred to in this Convention and may apply, mutatis mutandis,

text: Articles 16

text: and 18 of the United Nations Convention against Transnational Organized Crime to this effect.

text: Article 19 – International co-operation in criminal matters

text: Chapter IV – Preventive measures and other administrative measures

text: Each Party should, taking into account its obligations under applicable international treaties, consider taking the legislative and other necessary measures to:

text: establish or develop inventories or databases of its cultural property defined under

text: Article 2

text: , paragraph 2, of this Convention;

text: introduce import and export control procedures, in accordance with the relevant international instruments, including a system whereby the importation and exportation of movable cultural property are subject to the issuance of specific certificates;

text: introduce due diligence provisions for art and antiquity dealers, auction houses and others involved in the trade in cultural property, and introduce an obligation to establish records of their transactions. These records should be made available to the competent authorities in accordance with domestic law;

text: establish a central national authority or empower existing authorities and putting in place other mechanisms for co-ordinating the activities related to the protection of cultural property;

text: enable the monitoring and reporting of suspicious dealings or sales on the Internet;

text: enable the mandatory reporting to the competent authorities of the discovery by chance of cultural property of the archaeological heritage;

text: promote awareness-raising campaigns addressed to the general public about the protection of cultural property and the dangers posed by the crimes against it;

text: ensure that museums and similar institutions whose acquisition policy is under State control do not acquire illicitly removed cultural property, and provide information and training for the relevant officials on the prevention of and fight against cultural propertyrelated crimes;

text: encourage museums and similar institutions, whose acquisition policy is not under State control, to comply with existing ethical rules on the acquisition of movable cultural property and report to law enforcement authorities any suspected trafficking of cultural property;

text: encourage internet service providers, internet platforms and web-based sellers to cooperate in preventing the trafficking of cultural property by participating in the elaboration and implementation of relevant policies;

text: prevent free ports from being used for the purpose of trafficking of cultural property either through legislative measures or by encouraging them to establish and effectively implement internal norms through self-regulation;

text: improve the dissemination of information relating to any cultural property that has been the subject of an offence as defined by this Convention to its customs and police authorities in order to prevent the trafficking of this cultural property.

text: Article 20 – Measures at domestic level

text: Each Party shall co-operate to the widest extent possible for the purpose of preventing and fighting the intentional destruction of, damage to, and trafficking of cultural property. In particular, the States Parties should:

text: promote consultation and exchange of information as regards the identification, seizure and confiscation of cultural property that has been the subject of an offence defined by this Convention and that has been recovered within their territory;

text: contribute to international data collection on trafficking of movable cultural property by sharing or interconnecting national inventories or databases on cultural property that has been the subject of an offence defined by this Convention, and/or contributing to international inventories or databases, such as the Interpol database on stolen works of art;

text: facilitate co-operation for the purpose of also protecting and preserving cultural property in times of instability or conflict.

text: Article 21 – Measures at international level

text: Chapter V – 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: The Committee of the Parties may propose to the Committee of Ministers appropriate ways to engage relevant expertise in support of the effective implementation of the Convention.

text: Article 22 – Committee of the Parties

text: The Parliamentary Assembly of the Council of Europe, the European Committee on Crime Problems (CDPC) and the Steering Committee for Culture, Heritage and Landscape (CDCPP) 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 consultation with the committee.

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 the present article, a balanced representation of the different sectors and disciplines shall be ensured.

text: Representatives appointed in accordance with paragraphs 1 to 5 of this article shall participate in meetings of the Committee of the Parties without the right to vote.

text: Article 23 – Other representatives

text: The Committee of the Parties shall monitor the implementation of this Convention. Its rules of procedure shall determine the procedure for evaluating the implementation of this Convention.

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 cultural property. 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 and the Steering Committee for Culture, Heritage and Landscape shall be kept periodically informed about the activities mentioned in paragraphs 1, 2 and 3 of this article.

text: Article 24 – Functions of the Committee of the Parties

text: Chapter VI – 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. However, where Parties establish their relations in respect of the matters dealt with in the present Convention other than as regulated therein, they shall do so in a manner that is not inconsistent with the Convention’s objectives and principles.

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 25 – Relationship with other international instruments

text: Chapter VII – 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 which have participated in its elaboration and to any State which has acceded to, or has been invited to accede to this Convention in accordance with the provisions of

text: Article 28

text: Any amendment proposed by a Party shall be communicated to the European Committee on Crime Problems and the Steering Committee for Culture, Heritage and Landscape, 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: .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 the present 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 26 – Amendments

text: Chapter VIII – Final clauses

text: This Convention shall be open for signature by the member States of the Council of Europe and the non-member States which have participated in its elaboration.

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 Signatory which subsequently expresses its consent to be bound by it, the Convention shall enter into force, in its respect, 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 27 – Signature and entry into force

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consulting the Contracting States to this Convention and obtaining their unanimous consent, invite any non-member State of the Council of Europe which has not participated in the elaboration of the Convention 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 unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers.

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

text: Article 28 – Accession to the Convention

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

text: Any State may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect of such territory, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

text: Any declaration made under the two preceding paragraphs may, in respect of any territory specified in any 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 may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it avails itself of one or more of the reservations provided for in

text: Articles 4

text: , 5, 10 , 11 and 12, paragraph 3, of this Convention. No other reservation may be made in respect of any provision of this Convention.

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

text: Article 30 – 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.

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 31 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the non-member States which have participated in its elaboration, any Signatory, any Contracting State and any other State which has been invited to accede to this Convention of:

text: any signature;

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

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

text: Article 27

text: , paragraphs 3 and 4;

text: Article 28

text: , paragraph 2, and

text: Article 29

text: , paragraph 2;

text: any amendment adopted in accordance with

text: Article 26

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

text: Article 31

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

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

text: Done at Nicosia, this 19th day of May 2017, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, and to any State invited to accede to this Convention.

text: Article 32 – Notifications


doctype: protocol

identifier: CETS No. 222

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: CETS No. 222

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

text: Council of Europe Treaty Series - No. 222

type: stycke

text: Strasbourg, 22.XI.2017

text: Preamble

text: The member States of the Council of Europe, and the other States signatory to this Protocol, Desirous of facilitating the application of the Additional Protocol to the Convention on the Transfer of Sentenced Persons (ETS No. 167) opened for signature in Strasbourg on 18 December 1997 (hereinafter referred to as “the Additional Protocol”), and in particular pursuing its acknowledged aims of furthering the ends of justice and the social rehabilitation of sentenced persons; Considering it desirable to modernise and improve the Additional Protocol, taking into account the evolution in international co-operation on the transfer of sentenced persons since its entry into force, Have agreed to amend the Additional Protocol as follows:

text: The title of

text: Article 2

text: and paragraph 1 of this article shall be amended to read as follows:

text: Article 2

text: – Persons having left the sentencing State before having completed the execution of their sentence

text: Where a national of a Party is the subject of a final sentence, the sentencing State may request the State of nationality to take over the execution of the sentence under the following circumstances: a when the national has fled to or otherwise returned to the State of his or her nationality being aware of the criminal proceedings pending against him or her in the sentencing State; or b when the national has fled to or otherwise returned to the State of his or her nationality being aware that a judgment has been issued against him or her.”

text: CETS 222 – Transfer of Sentenced Persons (Protocol amending the Additional Protocol), 22.XI.2017

text: __________________________________________________________________________________

text: Article 1

type: artikel

text: Paragraphs 1, 3.a and 4 of

text: Article 3

text: shall be amended to read as follows:

text: Article 3

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

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

text: [unchanged]

ordinal: a

text: a declaration containing the opinion of the sentenced person as to his or her proposed transfer, or a statement that the sentenced person refuses to provide an opinion in this regard; and

type: punkt

ordinal: b

text: [unchanged]

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

text: when the sentencing State so authorises: a request for authorisation shall be submitted, accompanied by all relevant documents and a legal record of any statement made by the convicted person; authorisation shall be given when the offence for which it is requested would itself be subject to extradition under the law of the sentencing State or when extradition would be excluded only by reason of the amount of punishment. The decision shall be taken as soon as possible and no later than 90 days after receipt of the request for consent. Where it is not possible for the sentencing State to comply with the period provided for in this paragraph, it shall inform the administering State, providing the reasons for the delay and the estimated time needed for the decision to be taken;

text: when the sentenced person, having had an opportunity to leave the territory of the administering State, has not done so within 30 days of his or her final discharge, or if he or she has returned to that territory after leaving it.”

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

text: Final provisions

text: Article 2

text: This Protocol shall be open for signature by the Parties to the Additional Protocol. It shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: After the opening for signature of this Protocol and before its entry into force, a Party to the Convention may not ratify, accept, approve or accede to the Additional Protocol unless it has simultaneously ratified, accepted or approved this Protocol.

text: Article 3 – Signature and ratification

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

text: Article 3

text: Article 4 – Entry into force

text: Pending the entry into force of this Protocol according to the conditions set under

text: Article 4

text: , a Party to the Additional Protocol may at the time of ratification, acceptance or approval of this Protocol or at any later moment, declare that it will apply the provisions of this Protocol on a provisional basis. In such cases, the provisions of this Protocol shall apply only with respect to the other Parties which have made a declaration to the same effect. Such a declaration shall take effect on the first day of the second month following the date of its receipt by the Secretary General of the Council of Europe.

text: Article 5 – Provisional application

text: This Protocol shall cease to be applied on a provisional basis from the date of its entry into force.

text: Article 6 – Term of provisional application

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

text: any signature;

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

ordinal: c

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

text: Article 4

ordinal: d

text: any declaration made under

text: Article 5

ordinal: e

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

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

text: Done at Strasbourg, this 22nd day of November 2017, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the other Parties to the Convention and to any State invited to accede to the Convention.

text: Article 7 – Notifications

type: internationell-overenskommelse


identifier: CETS No. 223

reference: CETS No. 223

title: Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

text: Council of Europe Treaty Series - No. 223

text: Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

text: Strasbourg, 10.X.2018

text: Preamble

text: The member States of the Council of Europe and the other Parties to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108), opened for signature in Strasbourg on 28 January 1981 (hereinafter referred to as “the Convention”),

text: Having regard to Resolution No. 3 on data protection and privacy in the third millennium adopted at the 30th Council of Europe Conference of Ministers of Justice (Istanbul, Turkey, 24-26 November 2010);

text: Having regard to the Parliamentary Assembly of the Council of Europe’s Resolution 1843 (2011) on the protection of privacy and personal data on the Internet and online media and Resolution 1986 (2014) on improving user protection and security in cyberspace;

text: Having regard to Opinion 296 (2017) on the draft protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108) and its explanatory memorandum, adopted by the Standing Committee on behalf of the Parliamentary Assembly of the Council of Europe on 24 November 2017;

text: Considering that new challenges to the protection of individuals with regard to the processing of personal data have emerged since the Convention was adopted;

text: Considering the need to ensure that the Convention continues to play its pre-eminent role in protecting individuals with regard to the processing of personal data, and more generally in protecting human rights and fundamental freedoms,

text: Have agreed as follows:

text: The first recital of the preamble of the Convention shall be replaced by the following:

text: “The member States of the Council of Europe, and the other signatories hereto,”

text: The third recital of the preamble of the Convention shall be replaced by the following:

text: “Considering that it is necessary to secure the human dignity and protection of the human rights and fundamental freedoms of every individual and, given the diversification, intensification and globalisation of data processing and personal data flows, personal autonomy based on a person’s right to control his or her personal data and the processing of such data;”

text: CETS 223 – Automatic Processing of Personal Data (Amending Protocol), 10.X.2018 __________________________________________________________________________________

text: The fourth recital of the preamble of the Convention shall be replaced by the following:

text: “Recalling that the right to protection of personal data is to be considered in respect of its role in society and that it has to be reconciled with other human rights and fundamental freedoms, including freedom of expression;”

text: The following recital shall be added after the fourth recital of the preamble of the Convention:

text: “Considering that this Convention permits account to be taken, in the implementation of the rules laid down therein, of the principle of the right of access to official documents;”

text: The fifth recital of the preamble of the Convention shall be deleted. New fifth and sixth recitals shall be added, which read as follows:

text: “Recognising that it is necessary to promote at the global level the fundamental values of respect for privacy and protection of personal data, thereby contributing to the free flow of information between people;”

text: “Recognising the interest of a reinforcement of international co-operation between the Parties to the Convention,”

text: Article 1

text: The text of

text: Article 1

text: of the Convention shall be replaced by the following:

text: “The purpose of this Convention is to protect every individual, whatever his or her nationality or residence, with regard to the processing of their personal data, thereby contributing to respect for his or her human rights and fundamental freedoms, and in particular the right to privacy.”

text: Article 2

text: Littera b of

text: Article 2

text: “b ‘data processing’ means any operation or set of operations performed on personal data, such as the collection, storage, preservation, alteration, retrieval, disclosure, making available, erasure, or destruction of, or the carrying out of logical and/or arithmetical operations on such data;”

text: Littera c of

text: Article 2

text: “c where automated processing is not used, ‘data processing’ means an operation or set of operations performed upon personal data within a structured set of such data which are accessible or retrievable according to specific criteria;”

text: Littera d of

text: Article 2

text: “d ‘controller’ means the natural or legal person, public authority, service, agency or any other body which, alone or jointly with others, has decision-making power with respect to data processing;”

text: The following new litterae shall be added after littera d of

text: Article 2

text: of the Convention: “e ‘recipient’ means a natural or legal person, public authority, service, agency or any other body to whom data are disclosed or made available; f ‘processor’ means a natural or legal person, public authority, service, agency or any other body which processes personal data on behalf of the controller.”

text: Article 3

text: Paragraph 1 of

text: Article 3

text: of the Convention shall be replaced by the following: “1 Each Party undertakes to apply this Convention to data processing subject to its jurisdiction in the public and private sectors, thereby securing every individual’s right to protection of his or her personal data.” 2 Paragraph 2 of

text: Article 3

text: of the Convention shall be replaced by the following: “2 This Convention shall not apply to data processing carried out by an individual in the course of purely personal or household activities.” 3 Paragraphs 3 to 6 of

text: Article 3

text: of the Convention shall be deleted.

text: Article 4

text: The title of Chapter II of the Convention shall be replaced by the following: “Chapter II – Basic principles for the protection of personal data”.

text: Article 5

text: Paragraph 1 of

text: Article 4

text: of the Convention shall be replaced by the following: “1 Each Party shall take the necessary measures in its law to give effect to the provisions of this Convention and secure their effective application.” 2 Paragraph 2 of

text: Article 4

text: of the Convention shall be replaced by the following: “2 These measures shall be taken by each Party and shall have come into force by the time of ratification or of accession to this Convention.” 3 A new paragraph shall be added after paragraph 2 of

text: Article 4

text: of the Convention: “3 Each Party undertakes: a to allow the Convention Committee provided for in Chapter VI to evaluate the effectiveness of the measures it has taken in its law to give effect to the provisions of this Convention; and b to contribute actively to this evaluation process.”

text: Article 6

text: The title of

text: Article 5

text: shall be replaced by the following: “

text: Article 5

text: – Legitimacy of data processing and quality of data”. 2 The text of

text: Article 5

text: of the Convention shall be replaced by the following: “1 Data processing shall be proportionate in relation to the legitimate purpose pursued and reflect at all stages of the processing a fair balance between all interests concerned, whether public or private, and the rights and freedoms at stake. 2 Each Party shall provide that data processing can be carried out on the basis of the free, specific, informed and unambiguous consent of the data subject or of some other legitimate basis laid down by law. 3 Personal data undergoing processing shall be processed lawfully. 4 Personal data undergoing processing shall be: a processed fairly and in a transparent manner; b collected for explicit, specified and legitimate purposes and not processed in a way incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes is, subject to appropriate safeguards, compatible with those purposes; c adequate, relevant and not excessive in relation to the purposes for which they are processed; d accurate and, where necessary, kept up to date; e preserved in a form which permits identification of the data subjects for no longer than is necessary for the purposes for which those data are processed.”

text: Article 7

text: The text of

text: Article 6

text: of the Convention shall be replaced by the following: “1 The processing of: – genetic data; – personal data relating to offences, criminal proceedings and convictions, and related security measures; – biometric data uniquely identifying a person; – personal data for the information they reveal relating to racial or ethnic origin, political opinions, trade-union membership, religious or other beliefs, health or sexual life, shall only be allowed where appropriate safeguards are enshrined in law, complementing those of this Convention.

text: Such safeguards shall guard against the risks that the processing of sensitive data may present for the interests, rights and fundamental freedoms of the data subject, notably a risk of discrimination.”

text: Article 8

text: The text of

text: Article 7

text: of the Convention shall be replaced by the following: “1 Each Party shall provide that the controller, and where applicable the processor, takes appropriate security measures against risks such as accidental or unauthorised access to, destruction, loss, use, modification or disclosure of personal data. 2 Each Party shall provide that the controller notifies, without delay, at least the competent supervisory authority within the meaning of

text: Article 15

text: of this Convention, of those data breaches which may seriously interfere with the rights and fundamental freedoms of data subjects.”

text: Article 9

text: A new

text: Article 8

text: shall be added after

text: Article 7

text: of the Convention as follows: “

text: Article 8

text: – Transparency of processing 1 Each Party shall provide that the controller informs the data subjects of: a his or her identity and habitual residence or establishment; b the legal basis and the purposes of the intended processing; c the categories of personal data processed; d the recipients or categories of recipients of the personal data, if any; and e the means of exercising the rights set out in

text: Article 9

text: , as well as any necessary additional information in order to ensure fair and transparent processing of the personal data. 2 Paragraph 1 shall not apply where the data subject already has the relevant information. 3 Where the personal data are not collected from the data subjects, the controller shall not be required to provide such information where the processing is expressly prescribed by law or this proves to be impossible or involves disproportionate efforts.”

text: Article 10

text: not to be subject to a decision significantly affecting him or her based solely on an automated processing of data without having his or her views taken into consideration;

text: to obtain, on request, at reasonable intervals and without excessive delay or expense, confirmation of the processing of personal data relating to him or her, the communication in an intelligible form of the data processed, all available information on their origin, on the preservation period as well as any other information that the controller is required to provide in order to ensure the transparency of processing in accordance with

text: Article 8

text: , paragraph 1;

text: to obtain, on request, knowledge of the reasoning underlying data processing where the results of such processing are applied to him or her;

text: to object at any time, on grounds relating to his or her situation, to the processing of personal data concerning him or her unless the controller demonstrates legitimate grounds for the processing which override his or her interests or rights and fundamental freedoms;

text: to obtain, on request, free of charge and without excessive delay, rectification or erasure, as the case may be, of such data if these are being, or have been, processed contrary to the provisions of this Convention;

ordinal: f

text: to have a remedy under

text: Article 12

text: where his or her rights under this Convention have been violated;

ordinal: g

text: to benefit, whatever his or her nationality or residence, from the assistance of a supervisory authority within the meaning of

text: Article 15

text: , in exercising his or her rights under this Convention.

text: The former

text: Article 8

text: of the Convention shall be renumbered

text: Article 9

text: and the title shall be replaced by the following: “

text: Article 9

text: – Rights of the data subject”. 2 The text of

text: Article 8

text: of the Convention (new

text: Article 9

text: ) shall be replaced by the following:

text: “1 Every individual shall have a right:

text: Paragraph 1.a shall not apply if the decision is authorised by a law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights, freedoms and legitimate interests.”

text: Article 11

text: A new

text: Article 10

text: shall be added after the new

text: Article 9

text: of the Convention as follows:

text: Article 10

text: – Additional obligations

text: Each Party shall provide that controllers and, where applicable, processors, take all appropriate measures to comply with the obligations of this Convention and be able to demonstrate, subject to the domestic legislation adopted in accordance with

text: Article 11

text: , paragraph 3, in particular to the competent supervisory authority provided for in

text: Article 15

text: , that the data processing under their control is in compliance with the provisions of this Convention.

text: Each Party shall provide that controllers and, where applicable, processors, examine the likely impact of intended data processing on the rights and fundamental freedoms of data subjects prior to the commencement of such processing, and shall design the data processing in such a manner as to prevent or minimise the risk of interference with those rights and fundamental freedoms.

text: Each Party shall provide that controllers, and, where applicable, processors, implement technical and organisational measures which take into account the implications of the right to the protection of personal data at all stages of the data processing.

text: Each Party may, having regard to the risks arising for the interests, rights and fundamental freedoms of the data subjects, adapt the application of the provisions of paragraphs 1, 2 and 3 in the law giving effect to the provisions of this Convention, according to the nature and volume of the data, the nature, scope and purpose of the processing and, where appropriate, the size of the controller or processor.”

text: Article 12

text: The former

text: Articles 9

text: to 12 of the Convention shall become

text: Articles 11

text: to 14 of the Convention.

text: Article 13

text: The text of

text: Article 9

text: of the Convention (new

text: Article 11

text: ) shall be replaced by the following:

text: “1 No exception to the provisions set out in this chapter shall be allowed except to the provisions of

text: Article 5

text: , paragraph 4,

text: Article 7

text: , paragraph 2,

text: Article 8

text: , paragraph 1, and

text: Article 9

text: , when such an exception is provided for by law, respects the essence of the fundamental rights and freedoms and constitutes a necessary and proportionate measure in a democratic society for:

text: the protection of national security, defence, public safety, important economic and financial interests of the State, the impartiality and independence of the judiciary or the prevention, investigation and prosecution of criminal offences and the execution of criminal penalties, and other essential objectives of general public interest;

text: the protection of the data subject or the rights and fundamental freedoms of others, notably freedom of expression.

text: Restrictions on the exercise of the provisions specified in

text: Articles 8

text: and 9 may be provided for by law with respect to data processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes when there is no recognisable risk of infringement of the rights and fundamental freedoms of data subjects.

text: In addition to the exceptions allowed for in paragraph 1 of this article, with reference to processing activities for national security and defence purposes, each Party may provide, by law and only to the extent that it constitutes a necessary and proportionate measure in a democratic society to fulfil such an aim, exceptions to

text: Article 4

text: , paragraph 3,

text: Article 14

text: , paragraphs 5 and 6, and

text: Article 15

text: , paragraph 2, litterae a, b, c and d.

text: This is without prejudice to the requirement that processing activities for national security and defence purposes are subject to independent and effective review and supervision under the domestic legislation of the respective Party.”

text: Article 14

text: The text of

text: Article 10

text: of the Convention (new

text: Article 12

text: ) shall be replaced by the following:

text: “Each Party undertakes to establish appropriate judicial and non-judicial sanctions and remedies for violations of the provisions of this Convention.”

text: Article 15

text: The title of Chapter III shall be replaced by the following:

text: “Chapter III – Transborder flows of personal data”.

text: Article 16

text: The title of

text: Article 12

text: of the Convention (new

text: Article 14

text: ) shall be replaced by the following:

text: Article 14

text: – Transborder flows of personal data”.

text: The text of

text: Article 12

text: of the Convention (new

text: Article 14

text: ) shall be replaced by the following:

text: “1 A Party shall not, for the sole purpose of the protection of personal data, prohibit or subject to special authorisation the transfer of such data to a recipient who is subject to the jurisdiction of another Party to the Convention. Such a Party may, however, do so if there is a real and serious risk that the transfer to another Party, or from that other Party to a non-Party, would lead to circumventing the provisions of the Convention. A Party may also do so if bound by harmonised rules of protection shared by States belonging to a regional international organisation.

text: When the recipient is subject to the jurisdiction of a State or international organisation which is not Party to this Convention, the transfer of personal data may only take place where an appropriate level of protection based on the provisions of this Convention is secured.

text: the law of that State or international organisation, including the applicable international treaties or agreements; or

text: ad hoc or approved standardised safeguards provided by legally-binding and enforceable instruments adopted and implemented by the persons involved in the transfer and further processing.

text: An appropriate level of protection can be secured by:

text: the data subject has given explicit, specific and free consent, after being informed of risks arising in the absence of appropriate safeguards; or

text: the specific interests of the data subject require it in the particular case; or

text: prevailing legitimate interests, in particular important public interests, are provided for by law and such transfer constitutes a necessary and proportionate measure in a democratic society; or

text: it constitutes a necessary and proportionate measure in a democratic society for freedom of expression.

text: Notwithstanding the provisions of the previous paragraphs, each Party may provide that the transfer of personal data may take place if:

text: Each Party shall provide that the competent supervisory authority, within the meaning of

text: Article 15

text: of this Convention, is provided with all relevant information concerning the transfers of data referred to in paragraph 3, littera b and, upon request, paragraph 4, litterae b and c.

text: Each Party shall also provide that the supervisory authority is entitled to request that the person who transfers data demonstrates the effectiveness of the safeguards or the existence of prevailing legitimate interests and that the supervisory authority may, in order to protect the rights and fundamental freedoms of data subjects, prohibit such transfers, suspend them or subject them to conditions.” 3 The text of

text: Article 12

text: of the Convention (new

text: Article 14

text: ) includes the provisions of

text: Article 2

text: of the Additional Protocol of 2001 regarding supervisory authorities and transborder data flows (ETS No. 181) on transborder flows of personal data to a recipient which is not subject to the jurisdiction of a Party to the Convention.

text: Article 17

text: A new Chapter IV shall be added after Chapter III of the Convention, as follows: “Chapter IV – Supervisory authorities”.

text: Article 18

text: A new

text: Article 15

text: includes the provisions of

text: Article 1

text: of the Additional Protocol of 2001 (ETS No.181) and reads as follows: “

text: Article 15

text: – Supervisory authorities 1 Each Party shall provide for one or more authorities to be responsible for ensuring compliance with the provisions of this Convention. 2 To this end, such authorities: a shall have powers of investigation and intervention; b shall perform the functions relating to transfers of data provided for under

text: Article 14

text: , notably the approval of standardised safeguards; c shall have powers to issue decisions with respect to violations of the provisions of this Convention and may, in particular, impose administrative sanctions; d shall have the power to engage in legal proceedings or to bring to the attention of the competent judicial authorities violations of the provisions of this Convention; e shall promote: i public awareness of their functions and powers, as well as their activities; ii public awareness of the rights of data subjects and the exercise of such rights; iii awareness of controllers and processors of their responsibilities under this Convention; specific attention shall be given to the data protection rights of children and other vulnerable individuals. 3 The competent supervisory authorities shall be consulted on proposals for any legislative or administrative measures which provide for the processing of personal data.

text: Each competent supervisory authority shall deal with requests and complaints lodged by data subjects concerning their data protection rights and shall keep data subjects informed of progress. 5 The supervisory authorities shall act with complete independence and impartiality in performing their duties and exercising their powers and in doing so shall neither seek nor accept instructions. 6 Each Party shall ensure that the supervisory authorities are provided with the resources necessary for the effective performance of their functions and exercise of their powers. 7 Each supervisory authority shall prepare and publish a periodical report outlining its activities. 8 Members and staff of the supervisory authorities shall be bound by obligations of confidentiality with regard to confidential information to which they have access, or have had access to, in the performance of their duties and exercise of their powers. 9 Decisions of the supervisory authorities may be subject to appeal through the courts. 10 The supervisory authorities shall not be competent with respect to processing carried out by bodies when acting in their judicial capacity.”

text: Article 19

text: Chapters IV to VII of the Convention shall be renumbered to Chapters V to VIII of the Convention. 2 The title of Chapter V shall be replaced by “Chapter V – Co-operation and mutual assistance”. 3 A new

text: Article 17

text: shall be added, and former

text: Articles 13

text: to 27 of the Convention shall become

text: Articles 16

text: to 31 of the Convention.

text: Article 20

text: each Party which has designated more than one supervisory authority shall specify the competence of each authority in its communication referred to in the previous littera.” 4 Paragraph 3 of

text: Article 13

text: of the Convention (new

text: Article 16

text: ) shall be deleted.

text: The title of

text: Article 13

text: of the Convention (new

text: Article 16

text: ) shall be replaced by the following: “

text: Article 16

text: – Designation of supervisory authorities”. 2 Paragraph 1 of

text: Article 13

text: of the Convention (new

text: Article 16

text: ) shall be replaced by the following: “1 The Parties agree to co-operate and render each other mutual assistance in order to implement this Convention.” 3 Paragraph 2 of

text: Article 13

text: of the Convention (new

text: Article 16

text: ) shall be replaced by the following: “2 For that purpose: a each Party shall designate one or more supervisory authorities within the meaning of

text: Article 15

text: of this Convention, the name and address of each of which it shall communicate to the Secretary General of the Council of Europe;

text: Article 21

text: A new

text: Article 17

text: shall be added after the new

text: Article 16

text: of the Convention as follows: “

text: Article 17

text: – Forms of co-operation 1 The supervisory authorities shall co-operate with one another to the extent necessary for the performance of their duties and exercise of their powers, in particular by: a providing mutual assistance by exchanging relevant and useful information and cooperating with each other under the condition that, as regards the protection of personal data, all the rules and safeguards of this Convention are complied with; b co-ordinating their investigations or interventions, or conducting joint actions; c providing information and documentation on their law and administrative practice relating to data protection. 2 The information referred to in paragraph 1 shall not include personal data undergoing processing unless such data are essential for co-operation, or where the data subject concerned has given explicit, specific, free and informed consent to its provision. 3 In order to organise their co-operation and to perform the duties set out in the preceding paragraphs, the supervisory authorities of the Parties shall form a network.”

text: Article 22

text: The title of

text: Article 14

text: of the Convention (new

text: Article 18

text: ) shall be replaced by the following: “

text: Article 18

text: – Assistance to data subjects”. 2 The text of

text: Article 14

text: of the Convention (new

text: Article 18

text: ) shall be replaced by the following: “1 Each Party shall assist any data subject, whatever his or her nationality or residence, to exercise his or her rights under

text: Article 9

text: of this Convention. 2 Where a data subject resides on the territory of another Party, he or she shall be given the option of submitting the request through the intermediary of the supervisory authority designated by that Party. 3 The request for assistance shall contain all the necessary particulars, relating inter alia to: a the name, address and any other relevant particulars identifying the data subject making the request; b the processing to which the request pertains, or its controller; c the purpose of the request.”

text: Article 23

text: The title of

text: Article 15

text: of the Convention (new

text: Article 19

text: ) shall be replaced by the following: “

text: Article 19

text: – Safeguards”. 2 The text of

text: Article 15

text: of the Convention (new

text: Article 19

text: ) shall be replaced by the following: “1 A supervisory authority which has received information from another supervisory authority, either accompanying a request or in reply to its own request, shall not use that information for purposes other than those specified in the request. 2 In no case may a supervisory authority be allowed to make a request on behalf of a data subject of its own accord and without the express approval of the data subject concerned.”

text: Article 24

text: The title of

text: Article 16

text: of the Convention (new

text: Article 20

text: ) shall be replaced by the following: “

text: Article 20

text: – Refusal of requests”. 2 The recital of

text: Article 16

text: of the Convention (new

text: Article 20

text: ) shall be replaced by the following: “A supervisory authority to which a request is addressed under

text: Article 17

text: of this Convention may not refuse to comply with it unless:” 3 Littera a of

text: Article 16

text: of the Convention (new

text: Article 20

text: ) shall be replaced by the following: “a the request is not compatible with its powers.” 4 Littera c of

text: Article 16

text: of the Convention (new

text: Article 20

text: ) shall be replaced by the following: “c compliance with the request would be incompatible with the sovereignty, national security or public order of the Party by which it was designated, or with the rights and fundamental freedoms of individuals under the jurisdiction of that Party.”

text: Article 25

text: The title of

text: Article 17

text: of the Convention (new

text: Article 21

text: ) shall be replaced by the following: “

text: Article 21

text: – Costs and procedures”. 2 Paragraph 1 of

text: Article 17

text: of the Convention (new

text: Article 21

text: ) shall be replaced by the following: “1 Co-operation and mutual assistance which the Parties render each other under

text: Article 17

text: and assistance they render to data subjects under

text: Articles 9

text: and 18 shall not give rise to the payment of any costs or fees other than those incurred for experts and interpreters. The latter costs or fees shall be borne by the Party making the request.” 3 The terms “his or her” shall replace “his” in paragraph 2 of

text: Article 17

text: of the Convention (new

text: Article 21

text: Article 26

text: The title of Chapter V of the Convention (new Chapter VI) shall be replaced by the following: “Chapter VI – Convention Committee”.

text: Article 27

text: The terms “Consultative Committee” in paragraph 1 of

text: Article 18

text: of the Convention (new

text: Article 22

text: ) shall be replaced by “Convention Committee”. 2 Paragraph 3 of

text: Article 18

text: of the Convention (new

text: Article 22

text: ) shall be replaced by the following: “3 The Convention Committee may, by a decision taken by a majority of two-thirds of the representatives of the Parties, invite an observer to be represented at its meetings.” 3 A new paragraph 4 shall be added after paragraph 3 of

text: Article 18

text: of the Convention (new

text: Article 22

text: ): “4 Any Party which is not a member of the Council of Europe shall contribute to the funding of the activities of the Convention Committee according to the modalities established by the Committee of Ministers in agreement with that Party.”

text: Article 28

text: shall review the implementation of this Convention by the Parties and recommend measures to be taken in the case where a Party is not in compliance with this Convention;

text: shall facilitate, where necessary, the friendly settlement of all difficulties related to the application of this Convention.”

text: The terms “Consultative Committee” in the recital of

text: Article 19

text: of the Convention (new

text: Article 23

text: ) shall be replaced by “Convention Committee”. 2 The term “proposals” in littera a of

text: Article 19

text: of the Convention (new

text: Article 23

text: ) shall be replaced with the term “recommendations”. 3 References to “

text: Article 21

text: ” in littera b and “

text: Article 21

text: paragraph 3” in littera c of

text: Article 19

text: of the Convention (new

text: Article 23

text: ) shall be replaced respectively by references to “

text: Article 25

text: ” and “

text: Article 25

text: , paragraph 3”. 4 Littera d of

text: Article 19

text: of the Convention (new

text: Article 23

text: ) shall be replaced by the following: “d may express an opinion on any question concerning the interpretation or application of this Convention;”. 5 The following additional litterae shall be added following littera d of

text: Article 19

text: of the Convention (new

text: Article 23

text: ): “e shall prepare, before any new accession to the Convention, an opinion for the Committee of Ministers relating to the level of personal data protection of the candidate for accession and, where necessary, recommend measures to take to reach compliance with the provisions of this Convention; f may, at the request of a State or an international organisation, evaluate whether the level of personal data protection the former provides is in compliance with the provisions of this Convention and, where necessary, recommend measures to be taken in order to reach such compliance; g may develop or approve models of standardised safeguards referred to in

text: Article 14

text: Article 29

text: The text of

text: Article 20

text: of the Convention (new

text: Article 24

text: ) shall be replaced by the following:

text: “1 The Convention Committee shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within twelve months of the entry into force of this Convention. It shall subsequently meet at least once a year, and in any case when onethird of the representatives of the Parties request its convocation.

text: After each of its meetings, the Convention Committee shall submit to the Committee of Ministers of the Council of Europe a report on its work and on the functioning of this Convention.

text: The voting arrangements in the Convention Committee are laid down in the elements for the rules of procedure appended to Protocol CETS No. 223.

text: The Convention Committee shall draw up the other elements of its rules of procedure and establish, in particular, the procedures for evaluation and review referred to in

text: Article 4

text: , paragraph 3, and

text: Article 23

text: , litterae e, f and h on the basis of objective criteria.”

text: Article 30

text: Paragraphs 1 to 4 of

text: Article 21

text: of the Convention (new

text: Article 25

text: ) shall be replaced by the following:

text: “1 Amendments to this Convention may be proposed by a Party, the Committee of Ministers of the Council of Europe or the Convention Committee.

text: Any proposal for amendment shall be communicated by the Secretary General of the Council of Europe to the Parties to this Convention, to the other member States of the Council of Europe, to the European Union and to every non-member State or international organisation which has been invited to accede to this Convention in accordance with the provisions of

text: Article 27

text: Moreover, any amendment proposed by a Party or the Committee of Ministers shall be communicated to the Convention Committee, which shall submit to the Committee of Ministers its opinion on that proposed amendment.

text: The Committee of Ministers shall consider the proposed amendment and any opinion submitted by the Convention Committee, and may approve the amendment.”

text: An additional paragraph 7 shall be added after paragraph 6 of

text: Article 21

text: of the Convention (new

text: Article 25

text: ) as follows:

text: “7 Moreover, the Committee of Ministers may, after consulting the Convention Committee, unanimously decide that a particular amendment shall enter into force at the expiration of a period of three years from the date on which it has been opened to acceptance, unless a Party notifies the Secretary General of the Council of Europe of an objection to its entry into force. If such an objection is notified, the amendment shall enter into force on the first day of the month following the date on which the Party to this Convention which has notified the objection has deposited its instrument of acceptance with the Secretary General of the Council of Europe.”

text: Article 31

text: Paragraph 1 of

text: Article 22

text: of the Convention (new

text: Article 26

text: ) shall be replaced by the following:

text: “1 This Convention shall be open for signature by the member States of the Council of Europe and by the European Union. 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: The terms “member State” in paragraph 3 of

text: Article 22

text: of the Convention (new

text: Article 26

text: ) shall be replaced by “Party”.

text: Article 32

text: The title and the text of

text: Article 23

text: of the Convention (new

text: Article 27

text: ) shall be replaced as follows:

text: Article 27

text: – Accession by non-member States or international organisations

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consulting the Parties to this Convention and obtaining their unanimous agreement, and in light of the opinion prepared by the Convention Committee in accordance with

text: Article 23

text: .e, invite any State not a member of the Council of Europe or an international organisation 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 State or international organisation acceding to this Convention according to paragraph 1 above, 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 33

text: Paragraphs 1 and 2 of

text: Article 24

text: of the Convention (new

text: Article 28

text: ) shall be replaced by the following:

text: “1 Any State, the European Union or other international organisation may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.

text: Any State, the European Union or other international organisation 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: Article 34

text: The term “State” in the recital of

text: Article 27

text: of the Convention (new

text: Article 31

text: ) shall be replaced by “Party”.

text: References to “

text: Articles 22

text: , 23 and 24” in littera c shall be replaced by references to “

text: Articles 26

text: , 27 and 28”.

text: Article 35

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

text: After the opening for signature of this Protocol and before its entry into force, any other State shall express its consent to be bound by this Protocol by accession. It may not become a Party to the Convention without acceding simultaneously to this Protocol.

text: Article 36 – Signature, ratification and accession

text: This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which all Parties to the Convention have expressed their consent to be bound by the Protocol, in accordance with the provisions of paragraph 1 of

text: Article 36

text: In the event this Protocol has not entered into force in accordance with paragraph 1, following the expiry of a period of five years after the date on which it has been opened for signature, the Protocol shall enter into force in respect of those States which have expressed their consent to be bound by it in accordance with paragraph 1, provided that the Protocol has at least thirty-eight Parties. As between the Parties to the Protocol, all provisions of the amended Convention shall have effect immediately upon entry into force.

text: Pending the entry into force of this Protocol and without prejudice to the provisions regarding the entry into force and the accession by non-member States or international organisations, a Party to the Convention may, at the time of signature of this Protocol or at any later moment, declare that it will apply the provisions of this Protocol on a provisional basis. In such cases, the provisions of this Protocol shall apply only with respect to the other Parties to the Convention which have made a declaration to the same effect. Such a declaration shall take effect on the first day of the third month following the date of its receipt by the Secretary General of the Council of Europe.

text: From the date of entry into force of this Protocol, the Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows (ETS No. 181) shall be repealed.

text: From the date of the entry into force of this Protocol, the amendments to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, approved by the Committee of Ministers, in Strasbourg, on 15 June 1999, have lost their purpose.

text: Article 37 – Entry into force

text: From the date of entry into force of this Protocol, with respect to a Party having entered one or more declarations in pursuance of

text: Article 3

text: of the Convention, such declaration(s) will lapse.

text: Article 38 – Declarations related to the Convention

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

text: Article 39 – Reservations

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

text: Article 37

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

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol. Done at Strasbourg, this 10th day of October 2018, 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 other Parties to the Convention and any State invited to accede to the Convention.

text: Appendix to the Protocol: Elements for the rules of procedure of the Convention Committee

text: Each Party has a right to vote and shall have one vote.

text: A two-thirds majority of representatives of the Parties shall constitute a quorum for the meetings of the Convention Committee. In case the amending Protocol to the Convention enters into force in accordance with its

text: Article 37

text: (2) before its entry into force in respect of all Contracting States to the Convention, the quorum for the meetings of the Convention Committee shall be no less than 34 Parties to the Protocol.

text: The decisions under

text: Article 23

text: shall be taken by a four-fifths majority. The decisions pursuant to

text: Article 23

text: , littera h, shall be taken by a four-fifths majority, including a majority of the votes of States Parties not members of a regional integration organisation that is a Party to the Convention.

text: Where the Convention Committee takes decisions pursuant to

text: Article 23

text: , littera h, the Party concerned by the review shall not vote. Whenever such a decision concerns a matter falling within the competence of a regional integration organisation, neither the organisation nor its member States shall vote.

text: Decisions concerning procedural issues shall be taken by a simple majority.

text: Regional integration organisations, in matters within their competence, may exercise their right to vote in the Convention Committee, with a number of votes equal to the number of their member States that are Parties to the Convention. Such an organisation shall not exercise its right to vote if any of its member States exercises its right.

text: In case of vote, all Parties must be informed of the subject and time for the vote, as well as whether the vote will be exercised by the Parties individually or by a regional integration organisation on behalf of its member States.

text: The Convention Committee may further amend its rules of procedure by a two-thirds majority, except for the voting arrangements which may only be amended by unanimous vote of the Parties and to which

text: Article 25

text: of the Convention applies.

text: Article 40 – Notifications