doctype: treaty

identifier: ETS No. 050

reference: ETS No. 050

text: European Treaty Series - No. 50

text: Strasbourg, 22.VII.1964

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

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

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

text: Considering that the Swiss Confederation has participated since 6th May 1964 in activities in the field of public health carried on under the aforesaid resolution;

text: Considering that the aim of the Council of Europe is the achievement of greater unity between its members in order to promote, inter alia, economic and social progress by the conclusion of agreements and by common action in economic, social, cultural, scientific, legal and administrative matters;

text: Considering that, so far as possible, they have endeavoured to promote progress both in the social field and in the related field of public health and that they have undertaken the harmonisation of their national laws in pursuance of the aforementioned provisions;

text: Considering that such measures are now more than ever necessary in respect of the manufacture, circulation and distribution of medicines in Europe;

text: Convinced that it is desirable and necessary to harmonise specifications for medicinal substances which, in their original state or in the form of pharmaceutical preparations, are of general interest and importance to the peoples of Europe;

text: _____ (*) Text amended according to the provisions of the Protocol to the Convention on the Elaboration of a European Pharmacopoeia (ETS No. 134), as from its entry into force on 1 November 1992. The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community entered into force on 1 December 2009. As a consequence, as from that date, any reference to the European Economic Community shall be read as the European Union.

text: ETS 50 – Pharmacopoeia, 22.VII.1964 __________________________________________________________________________________

text: Convinced of the need to hasten the drawing up of specifications for the growing number of new medicinal substances appearing on the market;

text: Considering that this aim can best be achieved by the progressive establishment of a common pharmacopoeia for the European countries concerned,

text: Have agreed as follows:

text: The Contracting Parties undertake:

ordinal: a

text: progressively to elaborate a Pharmacopoeia which shall be common to the countries concerned and which shall be entitled "European Pharmacopoeia";

type: punkt

ordinal: b

text: to take the necessary measures to ensure that the monographs which will be adopted by virtue of

text: Articles 6

text: and 7 of the present Convention and which will constitute the European Pharmacopoeia shall become the official standards applicable within their respective countries.

text: Article 1 – Elaboration of a European Pharmacopoeia

text: The elaboration of the European Pharmacopoeia shall be undertaken by:

text: The Public Health Committee whose activities are carried on within the framework of the Council of Europe, in accordance with Resolution (59) 23 mentioned in the preamble to the present Convention, hereinafter referred to as "the Public Health Committee";

text: A European Pharmacopoeia Commission established by the Public Health Committee for this purpose, hereinafter referred to as "the Commission".

text: Article 2 – Organs concerned with the elaboration of the European Pharmacopoeia

text: For the purposes of the present Convention, the Public Health Committee shall be composed of delegations appointed by the Contracting Parties.

text: Article 3 – Composition of the Public Health Committee

text: The Public Health Committee shall exercise a general oversight over the activities of the Commission and for this purpose the Commission shall submit a report on each of its sessions to the Public Health Committee.

text: All decisions taken by the Commission, other than those of a technical or procedural character, shall be subject to the approval of the Public Health Committee. If the Public Health Committee does not approve a decision or approves it only partially, the committee shall refer it back to the Commission for further consideration.

text: The Public Health Committee, having regard to the recommendations of the Commission under

text: Article 6

text: .d, shall fix the time limits within which decisions of a technical character relating to the European Pharmacopoeia shall be implemented within the territories of the Contracting Parties.

text: Article 4 – Functions of the Public Health Committee

text: The Commission shall be composed of delegations appointed by the Contracting Parties. Each delegation shall consist of not more than three members chosen for their competence in matters within the functions of the Commission. Each Contracting Party may appoint the same number of alternates similarly competent.

text: The Commission shall draw up its own Rules of Procedure.

text: The Commission shall elect a Chairman from among its members by secret ballot, by a twothirds majority of the votes of the delegations. The term of office of the Chairman and the conditions governing his re-election shall be laid down in the Rules of Procedure of the Commission. While he holds office, the Chairman shall not be a member of any delegation.

text: Article 5 – Membership of the Commission

text: Subject to the provisions of

text: Article 4

text: of the present Convention, the functions of the Commission shall be:

text: to determine the general principles applicable to the elaboration of the European Pharmacopoeia;

text: to decide upon methods of analysis for that purpose;

ordinal: c

text: to arrange for the preparation of and to adopt monographs to be included in the European Pharmacopoeia; and

ordinal: d

text: to recommend the fixing of the time limits within which its decisions of a technical character relating to the European Pharmacopoeia shall be implemented within the territories of the Contracting Parties.

text: Article 6 – Functions of the Commission

text: Each of the national delegations shall be entitled to one vote.

text: On all technical matters, including the order in which the monographs referred to in

text: Article 6

text: are to be prepared, decisions of the Commission shall be taken by a unanimous vote of national delegations casting votes and a majority of the national delegations entitled to sit on the Commission.

text: All other decisions of the Commission shall be taken by a three-quarters majority of the votes cast. For these decisions, from the time of entry into force of the Convention in respect of the European Economic Community , the latter's delegation shall vote in place of its member States' delegations. It shall have a number of votes equal to the number of its member States' delegations.

text: However, should a Contracting Party alone possess the required majority, the Contracting Parties undertake to renegotiate the voting modalities no sooner than five years after the entry into force of the Protocol, at the request of one of them addressed to the Secretary General of the Council of Europe.

text: Article 7 – Decisions of the Commission

text: The Commission shall hold its meetings at Strasbourg, the seat of the Council of Europe.

text: It shall be convened by its Chairman and meet as often as necessary, but at least twice a year.

text: It shall meet in private; the working languages shall be the official languages of the Council of Europe.

text: The Public Health Committee may appoint an observer to attend meetings of the Commission.

text: Article 8 – Seat and meetings of the Commission

text: The Commission shall have a secretariat, the head and the technical staff of which shall be appointed by the Secretary General of the Council of Europe on the advice of the Commission and in conformity with the Administrative Regulations of the Council of Europe staff. The other members of the secretariat shall be appointed by the Secretary General in consultation with the head of the Commission's secretariat.

text: Article 9 – Secretariat of the Commission

text: The expenses of the secretariat of the Commission and all other common expenses incurred in the execution of the present Convention shall be borne by the Contracting Parties in accordance with the provisions of paragraph 2 of this article.

text: Pending the conclusion of a special arrangement agreed to by all Contracting Parties for this purpose, the financial administration of operations carried out under the present Convention shall be dealt with in accordance with the provisions of the Partial Agreement Budget in the social field relating to the activities covered by Resolution (59) 23 referred to in the preamble to the present Convention.

text: The conditions of any financial participation by the European Economic Community shall be determined by agreement between the Contracting Parties.

text: Article 10 – Finances

text: The present Convention shall be ratified or accepted by the signatory governments. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

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

text: Article 11 – Entry into force

text: After the date of the entry into force of the present Convention, the Committee of Ministers of the Council of Europe, sitting with its membership limited to the representatives of the Contracting Parties, may invite, on such conditions as it considers appropriate, any other member State of the Council to accede to the present Convention.

text: After the expiry of six years from the said date, the Committee of Ministers may invite, on such conditions as it considers appropriate, European States not members of the Council of Europe to accede to the present Convention.

text: _____ (1) The representatives of the Parties to the Convention decided on 24 September 1974 to invite the other member States of the Council of Europe to accede (Conclusions of the 236th meeting of Ministers' Deputies, item XIII.a). This decision is still valid.

text: The European Economic Community may accede to the present Convention. 4 Accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession, which shall take effect three months after the date of its deposit.

text: Article 12 – Accessions

text: Any government may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, specify the territory or territories to which the present Convention shall apply. 2 Any government may, when depositing its instrument of ratification, acceptance or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend the present Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. 3 Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in

text: Article 14

text: of the present Convention. 4 Paragraphs 1, 2 and 3 above shall apply mutatis mutandis to the European Economic Community.

text: Article 13 – Territorial application 1

text: The present Convention shall remain in force indefinitely. 2 Any Contracting Party may, so far as it is concerned, denounce the present Convention by means of a notification addressed to the Secretary General of the Council of Europe. 3 Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification.

text: Article 14 – Duration

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

text: Article 11

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

text: Article 13

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

text: Article 14

text: and the date on which denunciation takes effect.

text: Article 15 – Notifications

text: Supplementary agreements may be made concerning the detailed implementation of the provisions of the present Convention.

text: Article 16 – Supplementary agreements

text: Pending the entry into force of the present Convention in accordance with the provisions of

text: Article 11

text: , the signatory States agree, in order to avoid any delay in the implementation of the present Convention, to apply it provisionally from the date of signature, in conformity with their respective constitutional systems.

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

text: Done at Strasbourg, this 22nd day of July 1964, in English and French, both texts being equally authoritative in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall send certified copies to each of the signatory and acceding States.

text: Article 17 – Provisional application


identifier: ETS No. 051

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: ETS No. 051

title: European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders

text: European Treaty Series - No. 51

type: stycke

text: Strasbourg, 30.XI.1964

text: Preamble

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve greater unity among its Members; Being resolved to take concerted action to combat crime; Considering that, to this end, they are in duty bound to ensure, in the territory of the other Contracting Parties, either the social rehabilitation of offenders given suspended sentences or released conditionally by their own courts, or the enforcement of the sentence when the prescribed conditions are not fulfilled, Have agreed as follows:

text: Part I – Basic principles

type: rubrik

text: The Contracting Parties undertake to grant each other in the circumstances set out below the mutual assistance necessary for the social rehabilitation of the offenders referred to in

text: Article 2

text: . This assistance shall take the form of supervision designed to facilitate the good conduct and readaptation to social life of such offenders and to keep a watch on their behaviour with a view, should it become necessary, either to pronouncing sentence on them or to enforcing a sentence already pronounced. 2 The Contracting Parties shall, in the circumstances set out below and in accordance with the following provisions, enforce such detention order or other penalty involving deprivation of liberty as may have been passed on the offender, application of which has been suspended.

text: Article 1

type: artikel

text: For the purposes of this Convention, the term "offender" shall be taken to mean any person, who, in the territory of one of the Contracting Parties, has: a been found guilty by a court and placed on probation without sentence having been pronounced; b been given a suspended sentence involving deprivation of liberty, or a sentence of which the enforcement has been conditionally suspended, in whole or in part, either at the time of the sentence or subsequently.

text: ETS 51 – Supervision of Offenders, 30.XI.1964 __________________________________________________________________________________

text: In subsequent articles, the term "sentence" shall be deemed to include all judicial decisions taken in accordance with sub-paragraphs a and b of paragraph 1 above.

text: Article 2

text: The decisions referred to in

text: Article 2

text: must be final and must have executive force.

text: Article 3

text: The offence on which any request under

text: Article 5

text: is based shall be one punishable under the legislation of both the requesting and the requested State.

text: Article 4

text: The State which pronounced the sentence may request the State in whose territory the offender establishes his ordinary residence: a to carry out supervision only, in accordance with Part II; b to carry out supervision and if necessary to enforce the sentence, in accordance with Parts II and III; c to assume entire responsibility for applying the sentence, in accordance with the provisions of Part IV. 2 The requested State shall act upon such a request, under the conditions laid down in this Convention. 3 If the requesting State has made one of the requests mentioned in paragraph 1 above, and the requested State deems it preferable, in any particular case, to adopt one of the other courses provided for in that paragraph, the requested State may refuse to accede to such a request, at the same time declaring its willingness to follow another course, which it shall indicate.

text: Article 5

text: Supervision, enforcement or complete application of the sentence, as defined in the preceding article, shall be carried out, at the request of the State in which sentence was pronounced, by the State in whose territory the offender establishes his ordinary residence.

text: Article 6

ordinal: e

text: if the offender has benefited under an amnesty or a pardon in either the requesting or the requested State. 2 Supervision, enforcement or complete application may be refused: a if the competent authorities in the requested State have decided not to take proceedings, or to drop proceedings already begun, in respect of the same act; b if the act for which sentence has been pronounced is also the subject of proceedings in the requested State; c if the sentence to which the request relates was pronounced in absentia; d to the extent that the requested State deems the sentence incompatible with the principles governing the application of its own penal law, in particular, if on account of his age the offender could not have been sentenced in the requested State. 3 In the case of fiscal offences, supervision or enforcement shall be carried out, in accordance with the provisions of this Convention, only if the Contracting Parties have so decided in respect of each such offence or category of offences.

text: Supervision, enforcement or complete application shall be refused: a if the request is regarded by the requested State as likely to prejudice its sovereignty, security, the fundamentals of its legal system, or other essential interests; b if the request relates to a sentence for an offence which has been judged in final instance in the requested State; c if the act for which sentence has been passed is considered by the requested State as either a political offence or an offence related to a political offence, or as a purely military offence; d if the penalty imposed can no longer be exacted, because of the lapse of time, under the legislation of either the requesting or the requested State;

text: Article 7

text: The requesting and requested State shall keep each other informed in so far as it is necessary of all circumstances likely to affect measures of supervision or enforcement in the territory of the requested State.

text: Article 8

text: The requested State shall inform the requesting State without delay what action is being taken on its request In the case of total or partial refusal to comply, it shall communicate its reasons for such refusal.

text: Article 9

text: Part II – Supervision

text: The requesting State shall inform the requested State of the conditions imposed on the offender and of any supervisory measures with which he must comply during his period of probation.

text: Article 10

text: In complying with a request for supervision, the requested State shall, if necessary, adapt the prescribed supervisory measures in accordance with its own laws. 2 In no case may the supervisory measures applied by the requested State, as regards either their nature or their duration, be more severe than those prescribed by the requesting State.

text: Article 11

text: When the requested State agrees to undertake supervision, it shall proceed as follows: 1 It shall inform the requesting State without delay of the answer given to its request;

text: It shall contact the authorities or bodies responsible in its own territory for supervising and assisting offenders;

text: It shall inform the requesting State of all measures taken and their implementation.

text: Article 12

text: Should the offender become liable to revocation of the conditional suspension of his sentence referred to in

text: Article 2

text: either because he has been prosecuted or sentenced for a new offence, or because he has failed to observe the prescribed conditions, the necessary information shall be supplied to the requesting State automatically and without delay by the requested State.

text: Article 13

text: When the period of supervision expires, the requested State shall, on application by the requesting State, transmit all necessary information to the latter.

text: Article 14

text: The requesting State shall alone be competent to judge, on the basis of the information and comments supplied by the requested State, whether or not the offender has satisfied the conditions imposed upon him, and, on the basis of such appraisal, to take any further steps provided for by its own legislation.

text: It shall inform the requested State of its decision.

text: Article 15

text: Part III – Enforcement of sentences

text: After revocation of the conditional suspension of the sentence by the requesting State, and on application by that State, the requested State shall be competent to enforce the said sentence.

text: Article 16

text: Enforcement in the requested State shall take place in accordance with the law of that State, after verification of the authenticity of the request for enforcement and its compatibility with the terms of this Convention.

text: Article 17

text: The requested State shall in due course transmit to the requesting State a document certifying that the sentence has been enforced.

text: Article 18

text: The requested State shall, if need be, substitute for the penalty imposed in the requesting State, the penalty or measure provided for by its own legislation for a similar offence. The nature of such penalty or measure shall correspond as closely as possible to that in the sentence to be enforced. It may not exceed the maximum penalty provided for by the legislation of the requested State, nor may it be longer or more rigorous than that imposed by the requesting State.

text: Article 19

text: The requesting State may no longer itself take any of the measures of enforcement requested, unless the requested State indicates that it is unwilling or unable to do so.

text: Article 20

text: The requested State shall be competent to grant the offender conditional release. The right of pardon may be exercised by either the requesting or the requested State.

text: Article 21

text: Part IV – Relinquishment to the requested State

text: The requesting State shall communicate to the requested State the sentence of which it requests complete application.

text: Article 22

text: The requested State shall adapt to its own penal legislation the penalty or measure prescribed as if the sentence had been pronounced for the same offence committed in its own territory. 2 The penalty imposed by the requested State may not be more severe than that pronounced in the requesting State.

text: Article 23

text: The requested State shall ensure complete application of the sentence thus adapted as if it were a sentence pronounced by its own courts.

text: Article 24

text: The acceptance by the requested State of a request in accordance with the present Part IV shall extinguish the right of the requesting State to enforce the sentence.

text: Article 25

text: Part V – Common provisions

text: All requests in accordance with

text: Article 5

text: shall be transmitted in writing. They shall indicate: a the issuing authority; b their purpose; c the identity of the offender and his place of residence in the requested State.

text: Requests for supervision shall be accompanied by the original or a certified transcript of the Court findings containing the reasons which justify the supervision and specifying the measures imposed on the offender. They should also certify the enforceable nature of the sentence and of the supervisory measures to be applied. So far as possible, they shall state the circumstances of the offence giving rise to the sentence of supervision, its time and place and legal destination and, where necessary, the length of the sentence to be enforced. They shall give full details of the nature and duration of the measures of supervision requested, and include a reference to the legal provisions applicable together with necessary information on the character of the offender and his behaviour in the requesting State before and after pronouncement of the supervisory order.

text: Requests for enforcement shall be accompanied by the original, or a certified transcript, of the decision to revoke conditional suspension of the pronouncement or enforcement of sentence and also of the decision imposing the sentence now to be enforced. The enforceable nature of both decisions shall be certified in the manner prescribed by the law of the State in which they were pronounced.

text: If the judgment to be enforced has replaced an earlier one and does not contain a recital of the facts of the case, a certified copy of the judgment containing such recital shall also be attached.

text: Requests for complete application of the sentence shall be accompanied by the documents mentioned in paragraph 2 above.

text: Article 26

text: Requests shall be sent by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State and the reply shall be sent through the same channels.

text: Any communications necessary under the terms of this Convention shall be exchanged either through the channels referred to in paragraph 1 of this article, or directly between the authorities of the Contracting Parties.

text: In case of emergency, the communications referred to in paragraph 2 of this article may be made through the International Criminal Police Organisation (Interpol).

text: Any Contracting Party may, by declaration addressed to the Secretary General of the Council of Europe, give notice of its intention to adopt new rules in regard to the communications referred to in paragraphs 1 and 2 of this article.

text: Article 27

text: If the requested State considers that the information supplied by the requesting State is inadequate to enable it to apply this Convention, it shall ask for the additional information required. It may fix a time-limit for receipt of such information.

text: Article 28

text: Subject to the provisions of paragraph 2 of this article, no translation of requests, or of the supporting documents, or of any other documents relating to the application of this Convention, shall be required.

text: Any Contracting Party may, when signing this Convention or depositing its instrument of ratification, acceptance or accession, by a declaration addressed to the Secretary General of the Council of Europe, reserve the right to require that requests and supporting documents should be accompanied by a translation into its own language, or into one of the official languages of the Council of Europe, or into such one of those languages as it shall indicate. The other Contracting Parties may claim reciprocity. 3 This article shall be without prejudice to any provision regarding translation of requests and supporting documents that may be contained in agreements or arrangements now in force or that may be concluded between two or more of the Contracting Parties.

text: Article 29

text: Documents transmitted in application of this Convention shall not require authentication.

text: Article 30

text: The requested State shall have powers to collect, at the request of the requesting State, the cost of prosecution and trial incurred in that State. Should it collect such costs, it shall be obliged to refund to the requesting State experts' fees only.

text: Article 31

text: Supervision and enforcement costs incurred in the requested State shall not be refunded.

text: Article 32

text: Part VI – Final provisions

text: This Convention shall be without prejudice to police regulations relating to foreigners.

text: Article 33

text: This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe. 2 This Convention shall enter into force three months after the date of the deposit of the third instrument of ratification or acceptance. 3 In respect of a signatory State ratifying or accepting subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification or acceptance.

text: Article 34

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State to accede thereto. 2 Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit.

text: Article 35

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

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

text: Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in

text: Article 39

text: of this Convention.

text: Article 36

text: This Convention shall not affect the undertakings given in any other existing or future international Convention, whether bilateral or multilateral, between two or more of the Contracting Parties, on extradition or any other form of mutual assistance in criminal matters.

text: The Contracting Parties may not conclude bilateral or multilateral agreements with one another on the matters dealt with in this Convention, except in order to supplement its provisions or facilitate application of the principles embodied in it.

text: Should two or more Contracting Parties, however, have already established their relations in this matter on the basis of uniform legislation, or instituted a special system of their own, or should they in future do so, they shall be entitled to regulate those relations accordingly, notwithstanding the terms of this Convention.

text: Contracting Parties ceasing to apply the terms of this Convention to their mutual relations in this matter shall notify the Secretary General of the Council of Europe to that effect.

text: Article 37

text: Any Contracting Party may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, declare that it avails itself of one or more of the reservations provided for in the annex to this Convention.

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

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

text: Any Contracting Party may, on signing the present Convention, or on depositing its instrument of ratification, acceptance or accession, notify the Secretary General of the Council of Europe that it considers ratification, acceptance or accession as entailing an obligation, in international law, to introduce into municipal law measures to implement the said Convention.

text: Article 38

text: This Convention shall remain in force indefinitely.

text: Any Contracting Party may, in so far as it is concerned, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 3 Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification.

text: Article 39

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

text: Article 34

text: ; d any notification or declaration received in pursuance of the provisions of paragraph 4 of

text: Article 27

text: , of paragraph 2 of

text: Article 29

text: , of paragraph 3 of

text: Article 37

text: and of paragraph 4 of

text: Article 38

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

text: Article 36

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

text: Article 38

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

text: Article 38

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

text: Article 39

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

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Strasbourg this 30th day of November 1964, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Annex

text: Any Contracting Party may declare that it reserves the right to make known: 1 that it does not accept the provisions of the Convention as related to the enforcement of sentences or their complete application; 2 that it accepts only part of these provisions; 3 that it does not accept the provisions of paragraph 2 of

text: Article 37

text: Article 40


identifier: ETS No. 052

reference: ETS No. 052

title: European Convention on the Punishment of Road Traffic Offences

text: European Treaty Series - No. 52

text: European Convention on the Punishment of Road Traffic Offences

text: Strasbourg, 30.XI.1964

text: Preamble

text: The member States of the Council of Europe, signatory hereto, Considering the increase in road traffic between European States and the dangers consequent upon the violation of rules designed to protect road users; Considering that the aim of the Council of Europe is the achievement of greater unity between its members; Convinced of the necessity of their mutual co-operation in ensuring more effective punishment of road traffic offences committed in their territories, Have agreed as follows:

text: Section I – Fundamental principles

text: When a person ordinarily resident in the territory of one Contracting Party has committed a road traffic offence in the territory of another Contracting Party, the State of the offence may, or if its municipal law requires, must, request the State of residence to take proceedings if it has not instituted them itself, or if, having done so, it deems it impossible to carry them through to a final decision or to enforce the penalty in full. 2 When a judgment or administrative decision has become enforceable in the State of the offence after the offender has been given an opportunity to present his defence, that State may request the State of residence to enforce such judgment or decision. 3 The State of residence shall take action on the request for proceedings or enforcement as hereinafter provided. However, enforcement of judgments rendered by default shall not be compulsory.

text: Article 1

text: The road traffic offence in respect of which proceedings or enforcement are requested in accordance with

text: Article 1

text: must be punishable under the laws of both the State of the offence and the State of residence. 2 For the purposes of prosecution or enforcement of sentence the law of the State of residence shall be applicable, it being understood that the only traffic rules to be referred to shall be those in force at the place of the offence.

text: ETS 52 – Punishment of Road Traffic Offences, 30.XI.1964 __________________________________________________________________________________

text: Article 2

text: Section II – Proceedings in the State of residence

text: The authorities of the State of residence shall be competent to prosecute, at the request of the State of the offence, for a road traffic offence committed in the territory of that State.

text: Article 3

text: The competent authorities of the State of residence shall examine any request for proceedings addressed to them under

text: Articles 1

text: and 2 and shall decide, in accordance with their own laws, what action to take thereon.

text: Article 4

text: When the State of the offence has addressed a request for proceedings under

text: Article 1

text: , it may no longer proceed or enforce a decision against the offender.

text: whenever the State of residence has notified the State of the offence that it has not taken action on the request;

text: whenever, on grounds which have arisen subsequently, it has notified the State of residence of the withdrawal of its request before the opening of the hearing in a court of first instance or before the delivery of an administrative decision in the State of residence.

text: It may resume proceedings or enforcement:

text: Article 5

text: The request for proceedings shall mention the date on which the competent authority made application.

text: In the State of the offence, the limitation of the time for prosecution shall be suspended as from that date. Such time limitation shall begin to run again to its full extent from the date of the notification in accordance with paragraphs 2.a and b of

text: Article 5

text: that no action has been taken or that the request has been withdrawn and, in any case, within six months of the request for proceedings.

text: In the State of residence, the time limitation for prosecution shall only begin to run from the date of receipt of the request for proceedings.

text: When, in that State, a complaint from the victim is required for the institution of proceedings, the time-limit within which such complaint shall be lodged will begin to run from the date of receipt of the request for proceedings.

text: Article 6

text: Documents drawn up by the judicial and administrative authorities of the State of the offence shall have the same legal force in the State of residence as if they had been drawn up by the authorities of that State, and vice versa.

text: Article 7

text: Section III – Enforcement in the State of residence

text: The authorities of the State of residence shall be competent, when requested by the State of the offence, to enforce the decisions referred to in Article 1.2 of this Convention. Decisions shall be enforced in accordance with the law of the State of residence subject to confirmation of the authenticity of the request and of its conformity with this Convention. The State of residence shall be competent to grant the offender conditional release. The right of pardon may be exercised by either the State of residence or the State of the offence.

text: Article 8

text: if the offender has been the subject of a final decision in that State in respect of the same offence;

text: if the time-limit for the penalty has expired according to the law of either the State of the offence or the State of residence;

text: if the offender has benefited under an amnesty or a pardon in either the State of residence or the State of the offence.

text: Enforcement in the State of residence shall not take place:

text: if the competent authorities in that State have decided not to take proceedings, or to drop proceedings already begun, in respect of the same act;

text: if the act for which sentence has been pronounced is also the subject of proceedings in that State;

text: to the extent that that State deems it likely that enforcement would do violence to the fundamentals of its legal system or would be incompatible with the principles governing the application of its own penal law, in particular if, on account of his age, the offender could not have been sentenced in that State.

text: The State of residence may refuse enforcement:

text: Article 9

text: When a request is made under Article 1.2 for the enforcement of some penalty other than a fine, the State of residence shall, if necessary, substitute for the penalty imposed in the State of the offence the penalty prescribed by the law of the State of residence for a like offence.

text: Such penalty shall, as far as possible, correspond in nature to that imposed by the decision of which enforcement is requested. It may not exceed the maximum penalty provided for by the legislation of the State of residence nor may it be longer or more severe than that imposed by the State of the offence. In determining the penalty, the competent authorities of the State of residence may also take into consideration the methods whereby the penalty is customarily enforced in that State.

text: Article 10

text: When a request is made for the enforcement of a fine, the State of residence shall collect payment in accordance with the conditions prescribed by its law up to the maximum sum fixed by such law in respect of a like offence or, failing such a maximum, up to the amount of the fine customarily imposed in the State of residence in respect of a like offence.

text: Article 11

text: In case of non-payment of the fine, the State of residence shall, if requested by the State of the offence, apply such compulsory or substitute measures as are prescribed by its own laws.

text: The State of residence shall not apply a compulsory or substitute measure involving imprisonment prescribed by a sentence in the State of the offence unless expressly requested to do so by that State.

text: Article 12

text: The State of the offence may no longer enforce any decision against the offender unless a refusal or an inability to enforce has been notified to it by the State of residence.

text: Article 13

text: Section IV – General provisions

text: Requests under

text: Article 1

text: of this Convention shall be made in writing.

text: A request for proceedings shall be accompanied by the original or authentic copy of all statements, diagrams, photographs and other documents relating to the offence and by a copy of the legal provisions applicable to the case in the State of the offence. Copies of the offender's record of convictions, statutory provisions relating to the time limitation, writs suspending the time limitation, together with supporting facts, shall also be appended.

text: A request for enforcement shall be accompanied by the original or an authentic copy of the decision, which shall be certified enforceable in the manner prescribed by the law of the State of the offence. When the decision of which enforcement is requested supersedes another decision without reproducing the statement of the facts, an authentic copy of the decision containing such statement shall be appended.

text: Article 14

text: Requests shall be sent by the Ministry of Justice of the State of the offence to the Ministry of Justice of the State of residence and the reply shall be sent through the same channels.

text: Any communications necessary under the terms of this Convention shall be exchanged either through the channels referred to in paragraph 1 of this article, or directly between the authorities of the Contracting Parties.

text: In case of emergency, the communications referred to in paragraph 2 of this article may be made through the International Criminal Police Organisation (Interpol).

text: Any Contracting Party may, by declaration addressed to the Secretary General of the Council of Europe, give notice of its intention to adopt new rules in regard to the communications referred to in paragraphs 1 and 2 of this article.

text: Article 15

text: If the State of residence considers that the information supplied by the State of the offence is inadequate to enable it to apply this Convention, it shall ask for the additional information required. It may fix a time-limit for the receipt of such information.

text: Article 16

text: The Contracting Parties shall extend the legal assistance they afford one another in criminal matters to measures necessary for the execution of this Convention, including the transmission of writs drawn up by the administrative authorities and service of orders to pay, the latter measure not being deemed an enforcement measure.

text: Article 17

text: The State of residence shall inform the State of the offence without delay of the action taken on a request for proceedings or enforcement and shall, in either case, send to the latter State a document certifying that the penalty has been enforced and also, in the case of proceedings, an authentic copy of the final decision.

text: Article 18

text: Subject to the provisions of paragraph 2 of this article, no translation of requests, or of the supporting documents, or of any other documents relating to the application of this Convention, shall be required.

text: Any Contracting Party may, when signing or depositing its instrument of ratification, acceptance or accession, by a declaration addressed to the Secretary General of the Council of Europe, reserve the right to require that requests and supporting documents should be accompanied by a translation into its own language or into one of the official languages of the Council of Europe or into such one of those languages as it shall indicate. The other Contracting Parties may claim reciprocity.

text: This article shall be without prejudice to any provision concerning translation of requests and supporting documents that may be contained in agreements or arrangements now in force or that may be concluded between two or more Contracting Parties.

text: Article 19

text: Evidence and documents transmitted in application of this Convention need not be authenticated.

text: Article 20

text: The proceeds of fines levied as a result of requests for proceedings or enforcement shall become the property of the State of residence which may use them as it deems fit.

text: Article 21

text: The State of residence shall have power to collect, at the request of the State of the offence, the costs of prosecution and trial incurred in that State.

text: Should it collect such costs, it shall be obliged to refund to the State of the offence experts' fees only.

text: Article 22

text: The costs of proceedings and enforcement incurred in the State of residence shall not be refunded.

text: Article 23

text: Section V – Final provisions

text: In this Convention:

text: "Road traffic offence" means any offence listed in the "Common Schedule of Road Traffic Offences" annexed to this Convention;

text: "State of the offence" means the State, Party to the present Convention, in whose territory a road traffic offence has been committed;

text: "State of residence" means the State, Party to the present Convention, in which the person who has committed a road traffic offence is ordinarily resident;

text: "Road traffic rules" means any rules covering items 4 to 7 of Annex I to this Convention, entitled "Common Schedule of Road Traffic Offences";

text: "Judgment" refers to decisions rendered by a judicial authority, including ordonnances pénales and amendes de composition;

text: "Administrative decision" refers to decisions rendered in some States by administrative authorities empowered to impose the penalties prescribed by law for certain classes of road traffic offences.

text: Article 24

text: Annex I to this Convention, entitled "Common Schedule of Road Traffic Offences", shall be an integral part thereof.

text: Any Contracting Party may, at any time, by written declaration to the Secretary General of the Council of Europe, indicate road traffic offences not listed in Annex I to which it wishes to apply this Convention, or those listed in Annex I which it wishes to exclude from such application, in its relations with the other Contracting Parties.

text: When a Contracting Party has added an offence or offences to the list contained in Annex I to this Convention, the other Contracting Parties shall, if appropriate, notify the Secretary General of the Council of Europe of their agreement. Such additions may be invoked vis-à-vis them, three months after such notification.

text: When a Contracting Party has removed an offence or offences from the list contained in Annex I to this Convention, the declaration referred to in paragraph 2 of this article shall take effect, if it is made at the time of the signature of the Convention or of the deposit of the instrument of ratification, acceptance or accession, at the time of entry into force of the Convention; if it is made later, three months after its receipt by the Secretary General of the Council of Europe. Any Contracting Party may claim reciprocity.

text: Any Contracting Party may state that under its domestic law the declaration provided for in paragraphs 2 and 3 must be submitted for approval to its legislative organs. In this event any addition to the list in Annex I shall not come into effect with regard to the said Party until the latter has informed the Secretary General of the Council of Europe that such approval has been obtained.

text: Article 25

text: The present Convention does not limit the competence given to the State of residence by its municipal law in regard to prosecutions and/or enforcement.

text: Article 26

text: If two or more Contracting Parties establish their relations on the basis of uniform legislation or on special arrangements for reciprocity, they shall have the option of regulating their mutual relations in the matter solely on the basis of such systems, notwithstanding the provisions of the present Convention.

text: Contracting Parties who, in accordance with the provisions of the present article, exclude from their mutual relations the application of the present Convention, shall send a notification to the Secretary General of the Council of Europe to this effect.

text: Article 27

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

text: Article 28

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

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

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

text: Article 29

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

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

text: Article 30

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

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

text: Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in

text: Article 33

text: of this Convention.

text: Article 31

text: Any Contracting Party may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, declare that it avails itself of one or more of the reservations provided for in Annex II to this Convention.

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

text: Any Contracting Party may, on signing the present Convention or on depositing its instrument of ratification, acceptance or accession, notify the Secretary General of the Council of Europe that it considers ratification, acceptance or accession as entailing an obligation, in international law, to introduce into municipal law measures to implement the said Convention.

text: Article 32

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

text: Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification.

text: Article 33

text: The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention, of:

text: any signature;

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

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

text: Article 29

text: thereof;

text: any notification or declaration received in pursuance of the provisions of paragraph 4 of

text: Article 15

text: , of paragraph 2 of

text: Article 19

text: , of paragraphs 2, 3, 4 and 5 of

text: Article 25

text: , of paragraph 2 of

text: Article 27

text: and of paragraph 4 of

text: Article 32

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

text: Article 31

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

text: Article 32

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

text: Article 32

text: any modification received in pursuance of the provisions of

text: Article 33

text: Article 34

text: This Convention and the notifications and declarations authorised thereunder shall apply only to road traffic offences committed after the Convention comes into effect for the Contracting Parties involved.

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

text: Done at Strasbourg this 30th day of November 1964, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 35


identifier: ETS No. 053

reference: ETS No. 053

title: European Agreement for the Prevention of Broadcasts transmitted from Stations outside National Territories

text: European Treaty Series - No. 53

text: Strasbourg, 22.I.1965

text: The member States of the Council of Europe signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Considering that the Radio Regulations annexed to the International Telecommunication Convention prohibit the establishment and use of broadcasting stations on board ships, aircraft or any other floating or airborne objects outside national territories; Considering also the desirability of providing for the possibility of preventing the establishment and use of broadcasting stations on objects affixed to or supported by the bed of the sea outside national territories; Considering the desirability of European collaboration in this matter, Have agreed as follows:

text: This Agreement is concerned with broadcasting stations which are installed or maintained on board ships, aircraft, or any other floating or airborne objects and which, outside national territories, transmit broadcasts intended for reception or capable of being received, wholly or in part, within the territory of any Contracting Party, or which cause harmful interference to any radio-communication service operating under the authority of a Contracting Party in accordance with the Radio Regulations.

text: Article 1

text: the ordering or production of material of any kind, including advertisements, to be broadcast; e the provision of services concerning advertising for the benefit of the stations.

text: Each Contracting Party undertakes to take appropriate steps to make punishable as offences, in accordance with its domestic law, the establishment or operation of broadcasting stations referred to in

text: Article 1

text: , as well as acts of collaboration knowingly performed. 2 The following shall, in relation to broadcasting stations referred to in

text: Article 1

text: , be acts of collaboration: a the provision, maintenance or repairing of equipment; b the provision of supplies; c the provision of transport for, or the transporting of, persons, equipment or supplies;

text: ETS 53 – Prevention of Pirate Broadcasts, 22.I.1965 __________________________________________________________________________________

text: Article 2

text: Each Contracting Party shall, in accordance with its domestic law, apply the provisions of this Agreement in regard to: a its nationals who have committed any act referred to in

text: Article 2

text: on its territory, ships, or aircraft, or outside national territories on any ships, aircraft or any other floating or airborne object; b non-nationals who, on its territory, ships or aircraft, or on board any floating or airborne object under its jurisdiction have committed any act referred to in

text: Article 2

text: Article 3

text: Nothing in this Agreement shall be deemed to prevent a Contracting Party: a from also treating as punishable offences acts other than those referred to in

text: Article 2

text: and also applying the provisions concerned to persons other than those referred to in

text: Article 3

text: ; b from also applying the provisions of this Agreement to broadcasting stations installed or maintained on objects affixed to or supported by the bed of the sea.

text: Article 4

text: The Contracting Parties may elect not to apply the provisions of this Agreement in respect of the services of performers which have been provided elsewhere than on the stations referred to in

text: Article 1

text: Article 5

text: The provisions of

text: Article 2

text: shall not apply to any acts performed for the purpose of giving assistance to a ship or aircraft or any other floating or airborne object in distress or of protecting human life.

text: Article 6

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

text: Article 7

text: This Agreement shall be open to signature by the member States of the Council of Europe, which may become Parties to it either by: a signature without reservation in respect of ratification or acceptance, or b signature with reservation in respect of ratification or acceptance followed by ratification or acceptance. 2 Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

text: Article 8

text: This Agreement shall enter into force one month after the date on which three member States of the Council shall, in accordance with the provisions of

text: Article 8

text: , have signed the Agreement without reservation in respect of ratification or acceptance, or shall have deposited their instrument of ratification or acceptance.

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

text: Article 9

text: After this Agreement has entered into force, any member or Associate member of the International Telecommunication Union which is not a member of the Council of Europe may accede to it subject to the prior agreement of the Committee of Ministers.

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

text: Article 10

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

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

text: Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in

text: Article 12

text: of this Agreement.

text: Article 11

text: This Agreement shall remain in force indefinitely.

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

text: Article 12

text: The Secretary General of the Council of Europe shall notify the member States of the Council and the government of any State which has acceded to this Agreement, of:

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

text: any signature with reservation in respect of ratification or acceptance;

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

text: Articles 9

text: and 10 thereof;

text: any declaration received in pursuance of paragraphs 2 and 3 of

text: Article 11

ordinal: f

text: any notification received in pursuance of the provisions of

text: Article 12

text: and the date on which denunciation takes effect.

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

text: Done at Strasbourg, this 22nd day of January 1965, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 13

type: internationell-overenskommelse


doctype: protocol

identifier: ETS No. 054

reference: ETS No. 054

text: European Treaty Series - No. 54

text: Broadcasts

text: Strasbourg, 22.I.1965

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

text: Considering the desirability of amending the European Agreement on the Protection of Television Broadcasts, signed at Strasbourg on 22nd June 1960, hereinafter referred to as "the Agreement";

text: Considering that the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, signed in Rome on 26th October 1961, entered into force on 18th May 1964,

text: Have agreed as follows:

text: Paragraph 1 of

text: Article 2

text: of the Agreement shall be amended as follows:

text: "Subject to paragraph 2 of

text: Article 1

text: , and Articles 13 and 14, the protection provided for in paragraph 1 of

text: Article 1

text: shall last not less than a period of twenty years from the end of the year in which the broadcast took place."

text: Paragraph 2 of

text: Article 2

text: of the Agreement shall be deleted.

text: Article 1

text: Sub-paragraph 1.a of

text: Article 3

text: "a withhold the protection provided for in sub-paragraph 1.b of

text: Article 1

text: as regards broadcasting organisations constituted in their territory or transmitting from such territory, and restrict the exercise of such protection, as regards broadcasts by broadcasting organisations constituted in the territory of another Party to this Agreement or transmitting from such territory, to a percentage of the transmissions by such organisations, which shall not be less than 50% of the average weekly duration of the broadcasts of each of these organisations."

text: Sub-paragraph 1.e of

text: Article 3

text: _____ (*) Text amended pursuant to the provisions of the Additional Protocol to the Protocol to the European Agreement on the Protection of Television Broadcasts (ETS No. 81) as from its entry into force, on 31 December 1974.

text: ETS 54 – Protection of Television Broadcasts (Protocol), 22.I.1965 __________________________________________________________________________________

text: "e without prejudice to sub-paragraph 1.a of this article, withhold all protection provided for in this Agreement from television broadcasts by broadcasting organisations constituted in their territory and under their laws or transmitting from such territory, where such broadcasts enjoy protection under their domestic law."

text: Paragraph 3 of

text: Article 3

text: "3 The aforesaid Parties may, in respect of their own territory, provide for a body with jurisdiction over cases where the right of diffusion to the public by wire referred to in subparagraph 1.b of

text: Article 1

text: , or the right of communication to the public referred to in subparagraph 1.c of

text: Article 1

text: , has been unreasonably refused or granted on unreasonable terms by the broadcasting organisation in which the said right vests."

text: Any State which in accordance with Article 10 of the Agreement has, before the entry into force of this Protocol, availed itself of the option in sub-paragraph 1.a of

text: Article 3

text: of the Agreement may, notwithstanding anything in paragraph 1 of the present article, maintain the application of such option.

text: Article 2

text: Article 13 of the Agreement shall be deleted and replaced by the following:

text: “1 This Agreement shall remain in force indefinitely.

text: Nevertheless, as from 1 January 1985, no State may remain or become a Party to this Agreement unless it is also a Party to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, signed in Rome on 26 October 1961.”

text: Article 3

text: The Governments signatory to the Agreement and the Governments having acceded thereto may become Parties to this Protocol by the procedure laid down in Article 7 or Article 9 of the Agreement, according to whether they are member States of the Council of Europe or not.

text: This Protocol shall enter into force one month after the date on which all the Parties to the Agreement have signed this Protocol without reservation in respect of ratification, or deposited their instrument of ratification or accession in accordance with the provisions of the preceding paragraph.

text: As from the date on which this Protocol enters into force, no State may become a Party to the Agreement without becoming also a Party to this Protocol.

text: Article 4

text: The Secretary General of the Council of Europe shall notify member States of the Council, other States Parties to the Agreement, and the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works of any signature of this Protocol, together with any reservations as to ratification, and of the deposit of any instrument of ratification of the Protocol or of accession to it, and of the date referred to in paragraph 2 of

text: Article 4

text: of this Protocol.

text: _____ (1) Text amended pursuant to the provisions of the Additional Protocol to the Protocol (ETS No. 81).

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

text: Article 5


identifier: ETS No. 055

reference: ETS No. 055

title: Protocol No. 5 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending Articles 22 and 40 of the Convention

text: European Treaty Series - No. 55

text: Strasbourg, 20.I.1966

text: The governments signatory hereto, being members of the Council of Europe,

text: Considering that certain inconveniences have arisen in the application of the provisions of

text: Articles 22

text: and

text: of the

text: signed at Rome on 4th November 1950 (hereinafter referred to as "the Convention") relating to the length of the terms of office of the members of the European Commission of Human Rights (hereinafter referred to as "the Commission") and of the European Court of Human Rights (hereinafter referred to as "the Court");

text: Considering that it is desirable to ensure as far as possible an election every three years of one half of the members of the Commission and of one third of the members of the Court;

text: Considering therefore that it is desirable to amend certain provisions of the Convention,

text: Have agreed as follows:

text: In Article 22 of the Convention, the following two paragraphs shall be inserted after paragraph 2:

text: "3 In order to ensure that, as far as possible, one half of the membership of the Commission shall be renewed every three years, the Committee of Ministers may decide, before proceeding to any subsequent election, that the term or terms of office of one or more members to be elected shall be for a period other than six years but not more than nine and not less than three years.

text: In cases where more than one term of office is involved and the Committee of Ministers applies the preceding paragraph, the allocation of the terms of office shall be effected by the drawing of lots by the Secretary General, immediately after the election."

text: Article 1

text: In Article 22 of the Convention, the former paragraphs 3 and 4 shall become respectively paragraphs 5 and 6.

text: _____ (*) The original text of the Convention had been amended according to the text of Protocol No. 5 which entered into force on 21 December 1970. All provisions which had been amended by this Protocol are replaced by Protocol No. 11 (ETS No. 155), as from the date of its entry into force, on 1 November 1998.

text: ETS 55 – Human Rights (Protocol No. 5), 20.I.1966 __________________________________________________________________________________

text: Article 2

text: In Article 40 of the Convention, the following two paragraphs shall be inserted after paragraph 2: "3 In order to ensure that, as far as possible, one third of the membership of the Court shall be renewed every three years, the Consultative Assembly may decide, before proceeding to any subsequent election, that the term or terms of office of one or more members to be elected shall be for a period other than nine years but not more than twelve and not less than six years. 4 In cases where more than one term of office is involved and the Consultative Assembly applies the preceding paragraph, the allocation of the terms of office shall be effected by the drawing of lots by the Secretary General immediately after the election."

text: Article 3

text: In Article 40 of the Convention, the former paragraphs 3 and 4 shall become respectively paragraphs 5 and 6.

text: Article 4

text: This Protocol shall be open to signature by members of the Council of Europe, signatories to the Convention, who may become Parties to it by: a signature without reservation in respect of ratification or acceptance; b signature with reservation in respect of ratification or acceptance, followed by ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe. 2 This Protocol shall enter into force as soon as all Contracting Parties to the Convention shall have become Parties to the Protocol, in accordance with the provisions of paragraph 1 of this article. 3 The Secretary General of the Council of Europe shall notify the members of the Council of: a any signature without reservation in respect of ratification or acceptance; b any signature with reservation in respect of ratification or acceptance; c the deposit of any instrument of ratification or acceptance; d the date of entry into force of this Protocol in accordance with paragraph 2 of this article.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol. Done at Strasbourg, this 20th day of January 1966, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory governments.

text: Article 5


identifier: ETS No. 056

reference: ETS No. 056

title: European Convention providing a Uniform Law on Arbitration

text: European Treaty Series - No. 56

text: Strasbourg, 20.I.1966

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve greater unity among its members, in particular by the adoption of common rules in the legal field; Convinced that the unification of national laws would make for a more effective settlement of private law disputes by arbitration and would facilitate commercial relations between the member countries of the Council of Europe; Considering it desirable to adopt to this end a uniform law on arbitration in civil and commercial matters, Have agreed as follows:

text: Each Contracting Party undertakes to incorporate in its law, within six months of the date of entry into force of this Convention in respect of that Party, the provisions of the uniform law contained in Annex I to this Convention. 2 Each Contracting Party has the right, in its law, to supplement the uniform law, by provisions designed to regulate questions for which no solutions are provided, on condition that such provisions are not incompatible with the uniform law. 3 Each Contracting Party has the right to provide in its law, in respect of specific matters, that disputes may not be referred to arbitration or may be submitted to arbitration according to rules other than those laid down in the uniform law. 4 Each Contracting Party has the right to declare, at the time of signature of this Convention or at the time of deposit of its instrument of ratification, acceptance or accession, that it will apply the uniform law only to disputes arising out of legal relationships which are considered as commercial under its national law.

text: Article 1

text: Each Contracting Party undertakes not to maintain or introduce into its law provisions excluding aliens from being arbitrators.

text: Article 2

text: Each Contracting Party shall, for the purposes of the provisions of the uniform law, define "judicial authority", "competent authority" and, if need be, "registry of the court".

text: ETS 56 – Uniform Law on Arbitration, 20.I.1966 __________________________________________________________________________________

text: Article 3

text: Each Contracting Party retains the right to determine the conditions to be fulfilled by persons who may represent or assist the parties before the arbitral tribunal and, to that end, to amend the provisions of paragraph 4 of Article 16 of the uniform law.

text: Article 4

text: Each Contracting Party may:

text: regard notification within the meaning of paragraph 1 of Article 28 of the uniform law as implying either notification as provided for in paragraph 1 of Article 23 of the uniform law, or service, and, in particular, service by one party on another party;

text: regard notification under paragraphs 1 and 3 of Article 30 of the uniform law as implying either notification by the authority which has opposed the enforcement formula to the award or service, and, in particular, service by one party on another party.

text: The Contracting Party may, if need be, replace the words "give notice to", "notified" and "notification" by the appropriate technical terms.

text: It shall inform the Secretary General of the Council of Europe of its choice.

text: Article 5

text: Each Contracting Party may provide that the enforcement formula within the meaning of paragraph 1 of Article 29, Article 30 and paragraph 1 of Article 31 of the uniform law shall consist of an authorisation to enforce or of any other legal process which, under its law, enables an award to be enforced.

text: Article 6

text: Each Contracting Party shall have the right, in its law, to make provision for and to regulate the provisional enforcement of arbitral awards which are still appealable before arbitrators.

text: Article 7

text: Each Contracting Party may, when signing this Convention or depositing its instrument of ratification, acceptance or accession, declare that it avails itself of one or more of the reservations set forth in Annex II to this Convention. No other reservation shall be admissible.

text: Each Contracting Party may, at any time, by means of a notification addressed to the Secretary General of the Council of Europe, withdraw, wholly or in part, a reservation made by it under the preceding paragraph; the notification shall take effect on the date of its receipt.

text: Article 8

text: The provisions of the present Convention shall not affect the application of bilateral or multilateral conventions on arbitration which have been or may be concluded. This is subject to the right available to a Contracting Party under Annex III to the present Convention.

text: Article 9

text: Each Contracting Party shall communicate to the Secretary General of the Council of Europe the texts which, in implementation of this Convention, will govern arbitration after the entry into force of the Convention in respect of that Party.

text: The Secretary General shall transmit these texts to the other member States of the Council of Europe and to any State acceding to this Convention.

text: Article 10

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

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

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

text: Article 11

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

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

text: Article 12

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

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

text: Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in

text: Article 14

text: of this Convention.

text: Article 13

text: This Convention shall remain in force indefinitely.

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

text: Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification.

text: Article 14

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

text: Articles 11

text: and 12; d any reservation made in pursuance of the provisions of paragraph 1 of

text: Article 8

text: ; e the withdrawal of any reservation made in pursuance of the provisions of paragraph 2 of

text: Article 8

text: ; f any communication received in pursuance of the provisions of

text: Articles 5

text: and 10; g any declaration received in pursuance of the provisions of

text: Article 13

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

text: Article 14

text: and the date on which the denunciation takes effect; i any declaration or notification received in pursuance of the provisions of Annex III.

text: Article 15