identifier: ETS No. 119

openingPlace: Delphi

reference: ETS No. 119

title: European Convention on Offences relating to Cultural Property

text: European Treaty Series - No. 119

text: European Convention on Offences relating to Cultural Property

text: Delphi, 23.VI.1985

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; Believing that such unity is founded to a considerable extent in the existence of a European cultural heritage; Conscious of the social and economic value of that common heritage; Desirous of putting an end to the offences that too often affect that heritage and urgently adopting international standards to this end; Recognising their common responsibility and solidarity in the protection of the European cultural heritage; Having regard to the European Conventions in the criminal and cultural fields, Have agreed as follows:

text: Part I – Definitions

text: For the purposes of this Convention: a "offence" comprises acts dealt with under the criminal law and those dealt with under the legal provisions listed in Appendix I to this Convention on condition that where an administrative authority is competent to deal with the offence it must be possible for the person concerned to have the case tried by a court; b "proceedings" means any procedure instituted in respect of an offence; c "judgment" means any final decision delivered by a criminal court or by an administrative body as a result of a procedure instituted in pursuance of one of the legal provisions listed in Appendix I; d "sanction" means any punishment or measure incurred or pronounced in respect of an offence.

text: ETS 119 – Offences relating to Cultural Property, 23.VI.1985 __________________________________________________________________________________

text: Article 1

text: Part II – Scope

text: This Convention shall apply to the cultural property listed in Appendix II, paragraph 1. 2 Any Contracting State may, at any time, declare that for the purposes of this Convention it also considers any one or more of the categories of property listed in Appendix II, paragraph 2, as cultural property. 3 Any Contracting State may, at any time, declare that for the purposes of this Convention it also considers as cultural property any category of movable or immovable property, presenting an artistic, historical, archaeological, scientific or other cultural interest, that is not included in Appendix II.

text: Article 2

text: For the purposes of this Convention, the acts and omissions listed in Appendix III, paragraph 1, are offences relating to cultural property. 2 Any Contracting State may, at any time, declare that, for the purposes of this Convention, it also deems to be offences relating to cultural property the acts and omissions listed in any one or more sub-paragraphs of Appendix III, paragraph 2. 3 Any Contracting State may, at any time, declare that, for the purposes of this Convention, it also deems to be offences relating to cultural property any one or more acts and omissions that affect cultural property and are not listed in Appendix III.

text: Article 3

text: Part III – Protection of cultural property

text: Each Party shall take appropriate measures to enhance public awareness of the need to protect cultural property.

text: Article 4

text: The Parties shall take appropriate measures with a view to co-operating in the prevention of offences relating to cultural property and the discovery of cultural property removed subsequent to such offences.

text: Article 5

text: Part IV – Restitution of cultural property

text: The Parties undertake to co-operate with a view to the restitution of cultural property found on their territory, which has been removed from the territory of another Party subsequent to an offence relating to cultural property committed in the territory of a Party, notably in conformity with the provisions that follow.

text: Article 6

text: Any Party that is competent under

text: Article 13

text: shall, if it thinks fit, notify as soon as possible the Party or Parties to whose territory cultural property has been removed, or is believed to have been removed, subsequent to an offence relating to cultural property.

text: Any Party from whose territory cultural property has been removed, or is believed to have been removed, subsequent to an offence relating to cultural property, shall notify as soon as possible the Party that is competent in accordance with

text: Article 13

text: , paragraph 1, subparagraph e.

text: If such cultural property is found on the territory of a Party which has been duly notified, that Party shall immediately inform the Party or Parties concerned.

text: If cultural property is found on the territory of a Party and if that Party has reasonable grounds to believe that the property in question has been removed from the territory of another Party subsequent to an offence relating to cultural property, it shall immediately inform the other Party or Parties presumed to be concerned.

text: The communications referred to in the preceding paragraphs shall contain all information concerning the identification of the property in question, the offence subsequent to which it was removed and the circumstances concerning the discovery.

text: The Parties shall ensure the fullest possible distribution of the notifications which they receive pursuant to the provisions of paragraph 1.

text: Article 7

text: Each Party shall execute in the manner provided for by its law any letters rogatory relating to proceedings addressed to it by the competent authorities of a Party that is competent in accordance with

text: Article 13

text: for the purpose of procuring evidence or transmitting articles to be produced in evidence, records or documents.

text: Article 13

text: for the purpose of seizure and restitution of cultural property which has been removed to the territory of the requested Party subsequent to an offence relating to cultural property. Restitution of the property in question is however subject to the conditions laid down in the law of the requested Party.

text: Each Party shall likewise execute any letters rogatory relating to the enforcement of judgments delivered by the competent authorities of the requesting Party in respect of an offence relating to cultural property for the purpose of seizure and restitution of cultural property found on the territory of the requested Party to the person designated by the judgment or that person's successors in title. To this end the Parties shall take such legislative measures as they may consider necessary and shall determine the conditions under which such letters rogatory are executed.

text: Where there is a request for extradition, the return of the cultural property mentioned in paragraphs 2 and 3 shall take place even if extradition, having been agreed to, cannot be carried out owing to the death or escape of the person claimed or to other reasons of fact.

text: The requested Party may not refuse to return the cultural property on the grounds that it has seized, confiscated or otherwise acquired rights to the property in question as the result of a fiscal or customs offence committed in respect of that property.

text: Article 8

text: Unless the Parties otherwise agree, letters rogatory shall be in the language of the requested Party, or in the official language of the Council of Europe that is indicated by the requested Party in a declaration addressed to the Secretary General of the Council of Europe, or where no such declaration has been made in either of the official languages of the Council of Europe.

text: They shall indicate: a the authority making the request, b the object of and the reason for the request, c the identity of the person concerned, d the detailed identification of the cultural property in question, e a summary of the facts as well as the offence they constitute and shall be accompanied by an authenticated or certified copy of the judgment whose enforcement is requested, in the cases covered by

text: Article 8

text: , paragraph 3.

text: Article 9

text: Evidence or documents transmitted pursuant to this Convention shall not require any form of authentication.

text: Article 10

text: Execution of requests under this Convention shall not entail refunding of expenses except those incurred by the attendance of experts and the return of cultural property.

text: Article 11

text: Part V – Proceedings

text: Section I – Sanctioning

text: The Parties acknowledge the gravity of any act or omission that affects cultural property; they shall accordingly take the necessary measures for adequate sanctioning.

text: Article 12

text: Section II – Jurisdiction

text: Each Party shall take the necessary measures in order to establish its competence to prosecute any offence relating to cultural property: a committed on its territory, including its internal and territorial waters, or in its airspace; b committed on board a ship or an aircraft registered in it; c committed outside its territory by one of its nationals; d committed outside its territory by a person having his/her habitual residence on its territory; e committed outside its territory when the cultural property against which that offence was directed belongs to the said Party or one of its nationals; f committed outside its territory when it was directed against cultural property originally found within its territory.

text: In the cases referred to in paragraph 1, sub-paragraphs d and f, a Party shall not be competent to institute proceedings in respect of an offence relating to cultural property committed outside its territory unless the suspected person is on its territory.

text: Article 13

text: Section III – Plurality of proceedings

text: Any Party which, before the institution or in the course of proceedings for an offence relating to cultural property, is aware of proceedings pending in another Party against the same person in respect of the same offence shall consider whether it can either waive or suspend its own proceedings.

text: If such Party considers it opportune in the circumstances not to waive or suspend its own proceedings it shall so notify the other Party in good time and in any event before judgment is given on the substance of the case.

text: Article 14

text: In the eventuality referred to in

text: Article 14

text: , paragraph 2, the Parties concerned shall through consultation endeavour as far as possible to determine, after evaluation of the circumstances of each case notably with a view to facilitating the restitution of the cultural property, which of them alone shall continue to conduct proceedings. During this consultation the Parties concerned shall stay judgment on the substance without however being obliged to extend that stay beyond a period of 30 days as from the despatch of the notification provided for in

text: Article 14

text: , paragraph 2.

text: on a Party which despatches the notification provided for in

text: Article 14

text: , paragraph 2, if the main trial has been declared open there in the presence of the accused before despatch of the notification;

text: on a Party to which the notification is addressed, if the main trial has been declared open there in the presence of the accused before receipt of the notification.

text: The provisions of paragraph 1 shall not be binding:

text: Article 15

text: In the interests of arriving at the truth, the restitution of the cultural property and the application of an adequate sanction, the Parties concerned shall examine whether it is expedient that one of them alone shall conduct proceedings and, if so, endeavour to determine which one, when:

text: several offences relating to cultural property which are materially distinct are ascribed either to a single person or to several persons having acted in unison;

text: a single offence relating to cultural property is ascribed to several persons having acted in unison.

text: Article 16

text: Section IV – Ne bis in idem

text: if he was acquitted; b if the sanction imposed: i has been completely enforced or is being enforced, or ii has been wholly, or with respect to the part not enforced, the subject of a pardon or an amnesty, or iii can no longer be enforced owing to the expiry of a limitation period; c if the court found the offender guilty without imposing a sanction. 2 Nevertheless, a Party shall not, unless it has itself requested the proceedings, be obliged to recognise the ne bis in idem rule if the act which gave rise to judgment as directed against either a person or an institution or any thing having public status in that Party, or if the subject of the judgment had itself a public status in that Party. 3 Furthermore, a Party in whose territory the act was committed or considered to have been committed under the law of that Party shall not be obliged to recognise the ne bis in idem rule unless that Party has itself requested the proceedings.

text: A person in respect of whom a final and enforceable judgment has been rendered may for the same act neither be prosecuted nor sentenced nor subjected to enforcement of a sanction in another Party:

text: Article 17

text: If new proceedings are instituted against a person who has been sentenced in another Party for the same act, then any period of deprivation of liberty imposed in the execution of that sentence shall be deducted from any sanction which may be imposed.

text: Article 18

text: This section shall not prevent the application of wider domestic provisions relating to the ne bis in idem rule attached to judicial decisions.

text: Article 19

text: Part VI – Final clauses

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

text: Article 20

text: This Convention 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 three member States of the Council of Europe have expressed their consent to be bound by the Convention in accordance with the provisions of

text: Article 20

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

text: Article 21

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

text: Article 20

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

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

text: Article 22

text: No Party is bound to apply this Convention to the offences relating to cultural property committed before the date of entry into force of the Convention in respect of that Party.

text: Article 23

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

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

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

text: Article 24

text: The following provisions shall apply to those States Parties to this Convention which have a federal or non-unitary constitutional system:

text: with regard to the provisions of this Convention, the implementation of which comes under the legal jurisdiction of the federal or central legislative power, the obligations of the federal or central government shall be the same as for those States Parties which are not federal or non-unitary States;

text: under the legal jurisdiction of individual constituent States, countries, provinces or cantons that are not obliged by the constitutional system of the federation to take legislative measures, the federal government shall inform the competent authorities of such States, countries, provinces or cantons of the said provisions with its favourable opinion.

text: Article 25

text: In no case may a Party claim application of this Convention by another Party save in so far as it would itself apply this Convention in similar cases.

text: Article 26

text: Any Party may decide not to apply the provisions of

text: Articles 7

text: and 8 either where the request is in respect of offences that it regards as political or where it considers that the application is likely to prejudice its sovereignty, security or "ordre public".

text: Article 27

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 the right not to apply any one or more provisions of

text: Articles 8

text: , paragraph 3, 10, 13 and 18. No other reservation may be made.

text: Any State which has made a reservation shall withdraw it as soon as circumstances permit. Such withdrawal shall be made by notification to the Secretary General of the Council of Europe.

text: Article 28

text: Any Contracting State may, at any time, by declaration addressed to the Secretary General of the Council of Europe, set out the legal provisions to be included in Appendix I to this Convention.

text: Any change of the national provisions listed in Appendix I shall be notified to the Secretary General of the Council of Europe if such a change renders the information in this appendix incorrect.

text: Any changes made in Appendix I in application of the preceding paragraphs shall take effect in each Party on the first day of the month following the expiration of a period of one month after the date of their notification by the Secretary General of the Council of Europe.

text: Article 29

text: The declarations provided for in

text: Articles 2

text: and 3 shall be addressed to the Secretary General of the Council of Europe. They shall become effective in respect of each Party on the first day of the month following the expiration of a period of one month after the date of their notification by the Secretary General of the Council of Europe.

text: Article 30

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

text: Article 31

text: The European Committee on Crime Problems may formulate and submit to the Committee of Ministers of the Council of Europe proposals designed to alter the contents of Appendices II and III or their paragraphs.

text: Any proposal submitted in accordance with the provisions of the preceding paragraph shall be examined by the Committee of Ministers which, 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, may approve it and instruct the Secretary General of the Council of Europe to notify the Contracting States thereof.

text: Any alteration approved in accordance with the provisions of the preceding paragraph shall enter into force on the first day of the month following the expiration of a period of six months after the date of despatch of the notification provided for in that paragraph unless a Contracting State notifies an objection to the entry into force. In the event of such an objection being made, the alteration will only enter force if the objection is subsequently lifted.

text: Article 32

text: The notifications and information provided for in

text: Article 7

text: shall be exchanged between the competent authorities of the Parties. However, they may be sent through the International Criminal Police Organisation – Interpol.

text: The requests provided for in this Convention and any communication made under the provisions of Part V, Section III, shall be addressed by the competent authority of a Party to the competent authority of another Party.

text: Any Contracting State may, by a declaration addressed to the Secretary General of the Council of Europe, designate which authorities will be its competent authorities within the meaning of this article. Where such declaration is not made the Ministry of Justice of the State in question will be deemed to be its competent authority.

text: Article 33

text: Nothing in this Convention shall prejudice the application of the provisions of any other international treaties or conventions in force between two or more Parties on the matters dealt with in this Convention provided that the said provisions are more compelling with respect to the duty to restitute cultural property affected by an offence.

text: The 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 the application of the principles embodied in it.

text: However, if two or more Parties 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 the future do so, they shall be entitled to regulate those relations accordingly, notwithstanding the terms of this Convention.

text: Parties ceasing to apply the terms of this Convention to their mutual relations in accordance with the provisions of the preceding paragraph shall notify the Secretary General of the Council of Europe to that effect.

text: Article 34

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 35

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

text: any signature;

text: the deposit of any instrument of ratification, acceptance, approval or accession; c any date of entry into force of this Convention in accordance with

text: Articles 21

text: and 22; d any other act, notification or communication relating to this Convention.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Delphi, this 23rd day of June 1985, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.

text: Article 36


doctype: treaty

identifier: ETS No. 120

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: ETS No. 120

title: European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches

text: European Treaty Series - No. 120

type: stycke

text: European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches

text: Strasbourg, 19.VIII.1985

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

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

text: Concerned by violence and misbehaviour amongst spectators at sports events, and in particular at football matches, and the consequences thereof;

text: Aware that this problem is likely to put at risk the principles embodied in Resolution (76) 41 of the Committee of Ministers of the Council of Europe known as the "European Sport for All Charter";

text: Emphasising the important contribution made to international understanding by sport, and especially, because of their frequency, by football matches between national and club teams from European states;

text: Considering that both public authorities and the independent sports organisations have separate but complementary responsibilities to combat violence and misbehaviour by spectators, bearing in mind that the sports organisations also have responsibilities in matters of safety and that more generally they should ensure the orderly conduct of the events they organise; considering moreover that these authorities and organisations should work together for this purpose at all appropriate levels;

text: Considering that violence is a current social phenomenon with wide repercussions, whose origins lie mainly outside sport, and that sport is often the scene for outbreaks of violence;

text: Being resolved to take common and co-operative action to prevent and control the problem of violence and misbehaviour by spectators at sports events,

text: Have agreed as follows:

text: The Parties, with a view to preventing and controlling violence and misbehaviour by spectators at football matches, undertake, within the limits of their respective constitutional provisions, to take the necessary steps to give effect to the provisions of this Convention.

text: The Parties shall apply the provisions of this Convention to other sports and sports events in which violence or misbehaviour by spectators is to be feared, as appropriate to the specific requirements of such sports and sports events.

text: ETS 120 – Spectator Violence and Misbehaviour, 19.VIII.1985 __________________________________________________________________________________

text: Article 1 – Aim of the Convention

type: artikel

text: The Parties shall co-ordinate the policies and actions of their government departments and other public agencies against violence and misbehaviour by spectators, where appropriate through setting up co-ordinating bodies.

text: Article 2 – Domestic co-ordination

ordinal: a

text: to secure that adequate public order resources are employed to counter outbreaks of violence and misbehaviour, both within the immediate vicinity of and inside stadia and along the transit routes used by spectators;

type: punkt

ordinal: b

text: to facilitate close co-operation and exchange of appropriate information between the police forces of the different localities involved or likely to be involved;

ordinal: c

text: to apply or, if need be, to adopt legislation which provides for those found guilty of offences related to violence or misbehaviour by spectators to receive appropriate penalties or, as the case may be, appropriate administrative measures.

text: The Parties undertake to ensure the formulation and implementation of measures designed to prevent and control violence and misbehaviour by spectators, including in particular:

text: The Parties undertake to encourage the responsible organisation and good conduct of supporters' clubs and the appointment of stewards from within their membership to help manage and inform spectators at matches and to accompany parties of supporters travelling to away fixtures.

text: The Parties shall encourage the co-ordination, insofar as legally possible, of the organisation of travel arrangements from the place of departure, with the co-operation of clubs, organised supporters, and travel agencies, so as to inhibit potential trouble- makers from leaving to attend matches.

text: to secure that the design and physical fabric of stadia provide for the safety of spectators, do not readily facilitate violence between spectators, allow effective crowd control, contain appropriate barriers or fencing, and allow security and police forces to operate;

text: to segregate effectively groups of rival supporters, by allocating to groups of visiting supporters, when they are admitted, specific terraces;

text: to ensure this segregation by strictly controlling the sale of tickets and to take particular precautions in the period immediately preceding the match;

ordinal: d

text: to exclude from or forbid access to matches and stadia, insofar as it is legally possible, known or potential trouble-makers, or people who are under the influence of alcohol or drugs;

ordinal: e

text: to provide stadia with an effective public address system and to see that full use is made of this, of the match programme and of other publicity outlets to encourage spectators to behave correctly;

ordinal: f

text: to prohibit the introduction of alcoholic drinks by spectators into stadia; to restrict, and preferably ban, the sale and any distribution of alcoholic drinks at stadia, and to ensure that all beverages available are in safe containers;

ordinal: g

text: to provide controls so as to ensure that spectators do not bring into stadia objects that are likely to be used in acts of violence, or fireworks or similar devices;

ordinal: h

text: to ensure that liaison officers co-operate with the authorities concerned before matches on arrangements to be taken for crowd control so that the relevent rules are enforced through concerted action.

text: The Parties shall seek to ensure, where necessary by introducing appropriate legislation which contains sanctions for non-compliance or by any other appropriate means, that, where outbreaks of violence and misbehaviour by spectators are to be feared, sports organisations and clubs, together with, where appropriate, stadium owners and public authorities, in accordance with responsibilities defined in domestic law, take practical measures at and within stadia to prevent or control such violence or misbehaviour, including:

text: The Parties shall take appropriate social and educational measures, bearing in mind the potential importance of the mass media, to prevent violence in and associated with sport, in particular by promoting the sporting ideal through educational and other campaigns, by giving support to the notion of fair play, especially among young people, so as to enhance mutual respect both amongst spectators and between sports players and also by encouraging increased active participation in sport.

text: Article 3 – Measures

text: The Parties shall co-operate closely on the matters covered by this Convention and encourage similar co-operation as appropriate between national sports authorities involved.

text: In advance of international club and representative matches or tournaments, the Parties concerned shall invite their competent authorities, especially the sports organisations, to identify those matches at which violence or misbehaviour by spectators is to be feared. Where such a match is identified, the competent authorities of the host country shall arrange consultations between those concerned. Such consultations shall take place as soon as possible and should not be later than two weeks before the match is due to take place, and shall encompass arrangements, measures and precautions to be taken before, during and after the match, including, where necessary, measures additional to those included in this Convention.

text: Article 4 – International co-operation

text: The Parties, respecting existing legal procedures and the principle of the independence of the judiciary, shall seek to ensure that spectators committing acts of violence or other criminal behaviour are identified and prosecuted in accordance with the due process of the law.

text: transferring proceedings against persons apprehended in connection with violence or other criminal behaviour committed at sports events to their country of residence;

text: seeking the extradition of persons suspected of violence or other criminal behaviour committed at sports events;

text: transferring persons convicted of offences of violence or other criminal behaviour committed at sports events to serve their sentences in the relevant country.

text: Where appropriate, particularly in the case of visiting spectators, and in accordance with the applicable international agreements, the Parties shall consider:

text: Article 5 – Identification and treatment of offenders

text: The Parties undertake to co-operate closely with their appropriate national sports organisations and clubs and where appropriate, stadium owners, on arrangements regarding the planning and execution of alterations to the physical fabric of stadia or other alterations, including access to and egress from stadia, necessary to improve safety and to prevent violence.

text: The Parties undertake to promote, where necessary and in appropriate cases, a system laying down requirements for the selection of stadia which take into account the safety of spectators and the prevention of violence amongst them, especially for those stadia used for matches likely to attract large or unruly crowds.

text: The Parties undertake to encourage their national sports organisations to review their regulations continuously in order to control factors which may lead to outbreaks of violence by players or spectators.

text: Article 6 – Additional measures

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

text: Article 7 – Provision of information

text: For the purposes of this Convention, a Standing Committee is hereby established.

text: Any Party may be represented on the Standing Committee by one or more delegates. Each Party shall have one vote.

text: Any member State of the Council of Europe or other State party to the European Cultural Convention which is not a Party to this Convention may be represented on the Committee as an observer.

text: The Standing Committee may, by unanimous decision, invite any non-member State of the Council of Europe which is not a Party to the Convention and any sports organisation concerned to be represented by an observer at one or more of its meetings.

text: The Standing Committee shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within one year of the date of the entry into force of the Convention. It shall subsequently meet at least every year. In addition it shall meet whenever a majority of the Parties so request.

text: A majority of the Parties shall constitute a quorum for holding a meeting of the Standing Committee.

text: Subject to the provisions of this Convention, the Standing Committee shall draw up and adopt by consensus its own Rules of Procedure.

text: Article 8 – Standing Committee

text: keep under review the provisions of this Convention and examine any modifications necessary;

text: hold consultations with relevant sports organisations;

text: make recommendations to the Parties concerning measures to be taken for the purposes of this Convention;

text: recommend the appropriate measures to keep the public informed about the activities undertaken within the framework of this Convention;

text: make recommendations to the Committee of Ministers concerning non-member States of the Council of Europe to be invited to accede to this Convention;

text: make any proposal for improving the effectiveness of this Convention.

text: The Standing Committee shall be responsible for monitoring the application of this Convention. It may in particular:

text: In order to discharge its functions, the Standing Committee may, on its own initiative, arrange for meetings of groups of experts.

text: Article 9

text: After each meeting, the Standing Committee shall forward to the Committee of Ministers of the Council of Europe a report on its work and on the functioning of the Convention.

text: Article 10

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

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

text: Article 14

text: Any amendment proposed by a Party or the Committee of Ministers shall be communicated to the Standing Committee at least two months before the meeting at which it is to be considered. The Standing Committee shall submit to the Committee of Ministers its opinion on the proposed amendment, where appropriate after consultation with the relevant sports organisations.

text: The Committee of Ministers shall consider the proposed amendment and any opinion submitted by the Standing Committee and may adopt the amendment.

text: The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 4 of this article shall be forwarded to the Parties for acceptance.

text: Any amendment adopted in accordance with paragraph 4 of this article shall come into force on the first day of the month following the expiration of a period of one month after all Parties have informed the Secretary General of their acceptance thereof.

text: Final clauses

text: Article 11 – Amendments

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

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

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

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

text: Article 12

text: The Convention 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 three member States of the Council of Europe have expressed their consent to be bound by the Convention in accordance with the provisions of

text: Article 12

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

text: Article 13

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the Parties, may invite to accede to the Convention any non-member State of the Council of Europe by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers.

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

text: Article 14

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

text: Any Party may, at any later date, by 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 one month 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 mentioned in such declaration, be withdrawn by a notification addressed to the Secretary General. Such withdrawal shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.

text: Article 15

text: Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 2 Such denunciation shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.

text: Article 16

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the other States party to the European Cultural Convention and any State which has acceded to this Convention, of: a any signature in accordance with

text: Article 12

text: ; b the deposit of any instrument of ratification, acceptance, approval or accession in accordance with

text: Article 12

text: or 14; c any date of entry into force of this Convention in accordance with

text: Articles 13

text: and 14; d any information forwarded under the provisions of

text: Article 7

text: ; e any report established in pursuance of the provisions of

text: Article 10

text: ; f any proposal for amendment or any amendment adopted in accordance with

text: Article 11

text: and the date on which the amendment comes into force; g any declaration made under the provisions of

text: Article 15

text: ; h any notification made under the provisions of

text: Article 16

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

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

text: Article 17


identifier: ETS No. 121

openingPlace: Granada

reference: ETS No. 121

title: Convention for the Protection of the Architectural Heritage of Europe

text: European Treaty Series - No. 121

text: Granada, 3.X.1985

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

text: Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose, inter alia, of safeguarding and realising the ideals and principles which are their common heritage;

text: Recognising that the architectural heritage constitutes an irreplaceable expression of the richness and diversity of Europe's cultural heritage, bears inestimable witness to our past and is a common heritage of all Europeans;

text: Having regard to the European Cultural Convention signed in Paris on 19 December 1954 and in particular to

text: Article 1

text: thereof;

text: Having regard to the European Charter of the Architectural Heritage adopted by the Committee of Ministers of the Council of Europe on 26 September 1975 and to Resolution (76) 28, adopted on 14 April 1976, concerning the adaptation of laws and regulations to the requirements of integrated conservation of the architectural heritage;

text: Having regard to Recommendation 880 (1979) of the Parliamentary Assembly of the Council of Europe on the conservation of the European architectural heritage;

text: Having regard to Recommendation No. R (80) 16 of the Committee of Ministers to member States on the specialised training of architects, town planners, civil engineers and landscape designers, and to Recommendation No. R (81) 13 of the Committee of Ministers, adopted on 1 July 1981, on action in aid of certain declining craft trades in the context of the craft activity;

text: Recalling the importance of handing down to future generations a system of cultural references, improving the urban and rural environment and thereby fostering the economic, social and cultural development of States and regions;

text: Acknowledging the importance of reaching agreement on the main thrust of a common policy for the conservation and enhancement of the architectural heritage,

text: Have agreed as follows:

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

text: ETS 121 – Protection of the Architectural Heritage, 3.X.1985 __________________________________________________________________________________

text: Definition of the architectural heritage

text: For the purposes of this Convention, the expression "architectural heritage" shall be considered to comprise the following permanent properties: 1 monuments: all buildings and structures of conspicuous historical, archaeological, artistic, scientific, social or technical interest, including their fixtures and fittings; 2 groups of buildings: homogeneous groups of urban or rural buildings conspicuous for their historical, archaeological, artistic, scientific, social or technical interest which are sufficiently coherent to form topographically definable units; 3 sites: the combined works of man and nature, being areas which are partially built upon and sufficiently distinctive and homogeneous to be topographically definable and are of conspicuous historical, archaeological, artistic, scientific, social or technical interest.

text: Identification of properties to be protected

text: Article 1

text: For the purpose of precise identification of the monuments, groups of buildings and sites to be protected, each Party undertakes to maintain inventories and in the event of threats to the properties concerned, to prepare appropriate documentation at the earliest opportunity.

text: Statutory protection procedures

text: Article 2

text: Each Party undertakes: 1 to take statutory measures to protect the architectural heritage; 2 within the framework of such measures and by means specific to each State or region, to make provision for the protection of monuments, groups of buildings and sites.

text: Article 3

text: Each Party undertakes: 1 to implement appropriate supervision and authorisation procedures as required by the legal protection of the properties in question; 2 to prevent the disfigurement, dilapidation or demolition of protected properties. To this end, each Party undertakes to introduce, if it has not already done so, legislation which: a requires the submission to a competent authority of any scheme for the demolition or alteration of monuments which are already protected, or in respect of which protection proceedings have been instituted, as well as any scheme affecting their surroundings; b requires the submission to a competent authority of any scheme affecting a group of buildings or a part thereof or a site which involves: – demolition of buildings,

text: – the erection of new buildings, – substantial alterations which impair the character of the buildings or the site; c permits public authorities to require the owner of a protected property to carry out work or to carry out such work itself if the owner fails to do so; d allows compulsory purchase of a protected property.

text: Article 4

text: Each Party undertakes to prohibit the removal, in whole or in part, of any protected monument, except where the material safeguarding of such monuments makes removal imperative. In these circumstances the competent authority shall take the necessary precautions for its dismantling, transfer and reinstatement at a suitable location.

text: Ancillary measures

text: Article 5

text: Each Party undertakes: 1 to provide financial support by the public authorities for maintaining and restoring the architectural heritage on its territory, in accordance with the national, regional and local competence and within the limitations of the budgets available; 2 to resort, if necessary, to fiscal measures to facilitate the conservation of this heritage; 3 to encourage private initiatives for maintaining and restoring the architectural heritage.

text: Article 6

text: In the surroundings of monuments, within groups of buildings and within sites, each Party undertakes to promote measures for the general enhancement of the environment.

text: Article 7

text: With a view to limiting the risks of the physical deterioration of the architectural heritage, each Party undertakes: 1 to support scientific research for identifying and analysing the harmful effects of pollution and for defining ways and means to reduce or eradicate these effects; 2 to take into consideration the special problems of conservation of the architectural heritage in anti-pollution policies.

text: Sanctions

text: Article 8

text: Each Party undertakes to ensure within the power available to it that infringements of the law protecting the architectural heritage are met with a relevant and adequate response by the competent authority. This response may in appropriate circumstances entail an obligation on the offender to demolish a newly erected building which fails to comply with the requirements or to restore a protected property to its former condition.

text: Conservation policies

text: Article 9

text: Each Party undertakes to adopt integrated conservation policies which: 1 include the protection of the architectural heritage as an essential town and country planning objective and ensure that this requirement is taken into account at all stages both in the drawing up of development plans and in the procedures for authorising work; 2 promote programmes for the restoration and maintenance of the architectural heritage; 3 make the conservation, promotion and enhancement of the architectural heritage a major feature of cultural, environmental and planning policies; 4 facilitate whenever possible in the town and country planning process the conservation and use of certain buildings whose intrinsic importance would not warrant protection within the meaning of

text: Article 3

text: , paragraph 1, of this Convention but which are of interest from the point of view of their setting in the urban or rural environment and of the quality of life; 5 foster, as being essential to the future of the architectural heritage, the application and development of traditional skills and materials.

text: Article 10

text: Due regard being had to the architectural and historical character of the heritage, each Party undertakes to foster: – the use of protected properties in the light of the needs of contemporary life; – the adaptation when appropriate of old buildings for new uses.

text: Article 11

text: While recognising the value of permitting public access to protected properties, each Party undertakes to take such action as may be necessary to ensure that the consequences of permitting this access, especially any structural development, do not adversely affect the architectural and historical character of such properties and their surroundings.

text: Article 12

text: In order to facilitiate the implementation of these policies, each Party undertakes to foster, within its own political and administrative structure, effective co-operation at all levels between conservation, cultural, environmental and planning activities.

text: Participation and associations

text: Article 13

text: With a view to widening the impact of public authority measures for the identification, protection, restoration, maintenance, management and promotion of the architectural heritage, each Party undertakes: 1 to establish in the various stages of the decision-making process, appropriate machinery for the supply of information, consultation and co-operation between the State, the regional and local authorities, cultural institutions and associations, and the public;

text: to foster the development of sponsorship and of non-profit-making associations working in this field.

text: Information and training

text: Article 14

text: Each Party undertakes: 1 to develop public awareness of the value of conserving the architectural heritage, both as an element of cultural identity and as a source of inspiration and creativity for present and future generations; 2 to this end, to promote policies for disseminating information and fostering increased awareness, especially by the use of modern communication and promotion techniques, aimed in particular: a at awakening or increasing public interest, as from school-age, in the protection of the heritage, the quality of the built environment and architecture; b at demonstrating the unity of the cultural heritage and the links that exist between architecture, the arts, popular traditions and ways of life at European, national and regional levels alike.

text: Article 15

text: Each Party undertakes to promote training in the various occupations and craft trades involved in the conservation of the architectural heritage.

text: European co-ordination of conservation policies

text: Article 16

text: The Parties undertake to exchange information on their conservation policies concerning such matters as: 1 the methods to be adopted for the survey, protection and conservation of properties having regard to historic developments and to any increase in the number of properties concerned; 2 the ways in which the need to protect the architectural heritage can best be reconciled with the needs of contemporary economic, social and cultural activities; 3 the possibilities afforded by new technologies for identifying and recording the architectural heritage and combating the deterioration of materials as well as in the fields of scientific research, restoration work and methods of managing and promoting the heritage; 4 ways of promoting architectural creation as our age's contribution to the European heritage.

text: Article 17

text: The Parties undertake to afford, whenever necessary, mutual technical assistance in the form of exchanges of experience and of experts in the conservation of the architectural heritage.

text: Article 18

text: The Parties undertake, within the framework of the relevant national legislation, or the international agreements, to encourage European exchanges of specialists in the conservation of the architectural heritage, including those responsible for further training.

text: Article 19

text: For the purposes of this Convention, a Committee of Experts set up by the Committee of Ministers of the Council of Europe pursuant to

text: Article 17

text: of the Statute of the Council of Europe shall monitor the application of the Convention and in particular:

text: report periodically to the Committee of Ministers of the Council of Europe on the situation of architectural heritage conservation policies in the States Parties to the Convention, on the implementation of the principles embodied in the Convention and on its own activities;

text: propose to the Committee of Ministers of the Council of Europe measures for the implementation of the Convention's provisions, such measures being deemed to include multilateral activities, revision or amendment of the Convention and public information about the purpose of the Convention;

text: make recommendations to the Committee of Ministers of the Council of Europe regarding invitations to States which are not members of the Council of Europe to accede to this Convention.

text: Article 20

text: The provisions of this Convention shall not prejudice the application of such specific more favourable provisions concerning the protection of the properties described in

text: Article 1

text: as are embodied in:

text: – the Convention for the Protection of World Cultural and Natural Heritage of 16 November 1972;

text: – the European Convention on the Protection of the Archaeological Heritage of 6 May 1969.

text: Final clauses

text: Article 21

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

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

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

text: Article 22

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

text: Article 20

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

text: In respect of any acceding State or, should it accede, the European Economic Community, 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 23

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

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

text: Article 24

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it reserves the right not to comply, in whole or in part, with the provisions of

text: Article 4

text: , paragraphs c and d. No other reservations may be made.

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

text: A Party which has made a reservation in respect of the provisions mentioned in paragraph 1 above may not claim the application of that provision by any other Party; it may, however, if its reservation is partial or conditional, claim the application of that provision in so far as it has itself accepted it.

text: Article 25

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 denunication shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of such notification by the Secretary General.

text: Article 26

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any State which has acceded to this Convention and the European Economic Community if it has acceded, of: any signature; the deposit of any instrument of ratification, acceptance, approval or accession; any date of entry into force of this Convention in accordance with

text: Articles 22

text: , 23 and 24; any other act, notification or communication relating to this Convention.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Granada, this 3rd day of October 1985, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State or to the European Economic Community invited to accede to this Convention.

text: Article 27


identifier: ETS No. 122

reference: ETS No. 122

title: European Charter of Local Self-Government

text: European Treaty Series - No. 122

text: European Charter of Local Self-Government

text: Strasbourg, 15.X.1985

text: Preamble

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage; Considering that one of the methods by which this aim is to be achieved is through agreements in the administrative field; Considering that the local authorities are one of the main foundations of any democratic regime; Considering that the right of citizens to participate in the conduct of public affairs is one of the democratic principles that are shared by all member States of the Council of Europe; Considering that it is at local level that this right can be most directly exercised; Convinced that the existence of local authorities with real responsibilities can provide an administration which is both effective and close to the citizen; Aware that the safeguarding and reinforcement of local self-government in the different European countries is an important contribution to the construction of a Europe based on the principles of democracy and the decentralisation of power; Asserting that this entails the existence of local authorities endowed with democratically constituted decision-making bodies and possessing a wide degree of autonomy with regard to their responsibilities, the ways and means by which those responsibilities are exercised and the resources required for their fulfilment, Have agreed as follows:

text: The Parties undertake to consider themselves bound by the following articles in the manner and to the extent prescribed in

text: Article 12

text: of this Charter.

text: ETS 122 – Local Self-Government, 15.X.1985 __________________________________________________________________________________

text: Article 1

text: Part I

type: rubrik

text: The principle of local self-government shall be recognised in domestic legislation, and where practicable in the constitution.

text: Article 2 – Constitutional and legal foundation for local self-government

text: Local self-government denotes the right and the ability of local authorities, within the limits of the law, to regulate and manage a substantial share of public affairs under their own responsibility and in the interests of the local population.

text: This right shall be exercised by councils or assemblies composed of members freely elected by secret ballot on the basis of direct, equal, universal suffrage, and which may possess executive organs responsible to them. This provision shall in no way affect recourse to assemblies of citizens, referendums or any other form of direct citizen participation where it is permitted by statute.

text: Article 3 – Concept of local self-government

text: The basic powers and responsibilities of local authorities shall be prescribed by the constitution or by statute. However, this provision shall not prevent the attribution to local authorities of powers and responsibilities for specific purposes in accordance with the law.

text: Local authorities shall, within the limits of the law, have full discretion to exercise their initiative with regard to any matter which is not excluded from their competence nor assigned to any other authority.

text: Public responsibilities shall generally be exercised, in preference, by those authorities which are closest to the citizen. Allocation of responsibility to another authority should weigh up the extent and nature of the task and requirements of efficiency and economy.

text: Powers given to local authorities shall normally be full and exclusive. They may not be undermined or limited by another, central or regional, authority except as provided for by the law.

text: Where powers are delegated to them by a central or regional authority, local authorities shall, insofar as possible, be allowed discretion in adapting their exercise to local conditions.

text: Local authorities shall be consulted, insofar as possible, in due time and in an appropriate way in the planning and decision-making processes for all matters which concern them directly.

text: Article 4 – Scope of local self-government

text: Changes in local authority boundaries shall not be made without prior consultation of the local communities concerned, possibly by means of a referendum where this is permitted by statute.

text: Article 5 – Protection of local authority boundaries

text: Without prejudice to more general statutory provisions, local authorities shall be able to determine their own internal administrative structures in order to adapt them to local needs and ensure effective management.

text: The conditions of service of local government employees shall be such as to permit the recruitment of high-quality staff on the basis of merit and competence; to this end adequate training opportunities, remuneration and career prospects shall be provided.

text: Article 6 – Appropriate administrative structures and resources for the tasks of local authorities

text: The conditions of office of local elected representatives shall provide for free exercise of their functions.

text: They shall allow for appropriate financial compensation for expenses incurred in the exercise of the office in question as well as, where appropriate, compensation for loss of earnings or remuneration for work done and corresponding social welfare protection.

text: Any functions and activities which are deemed incompatible with the holding of local elective office shall be determined by statute or fundamental legal principles.

text: Article 7 – Conditions under which responsibilities at local level are exercised

text: Any administrative supervision of local authorities may only be exercised according to such procedures and in such cases as are provided for by the constitution or by statute.

text: Any administrative supervision of the activities of the local authorities shall normally aim only at ensuring compliance with the law and with constitutional principles. Administrative supervision may however be exercised with regard to expediency by higher-level authorities in respect of tasks the execution of which is delegated to local authorities.

text: Administrative supervision of local authorities shall be exercised in such a way as to ensure that the intervention of the controlling authority is kept in proportion to the importance of the interests which it is intended to protect.

text: Article 8 – Administrative supervision of local authorities' activities

text: Local authorities shall be entitled, within national economic policy, to adequate financial resources of their own, of which they may dispose freely within the framework of their powers.

text: Local authorities' financial resources shall be commensurate with the responsibilities provided for by the constitution and the law.

text: Part at least of the financial resources of local authorities shall derive from local taxes and charges of which, within the limits of statute, they have the power to determine the rate.

text: The financial systems on which resources available to local authorities are based shall be of a sufficiently diversified and buoyant nature to enable them to keep pace as far as practically possible with the real evolution of the cost of carrying out their tasks.

text: The protection of financially weaker local authorities calls for the institution of financial equalisation procedures or equivalent measures which are designed to correct the effects of the unequal distribution of potential sources of finance and of the financial burden they must support. Such procedures or measures shall not diminish the discretion local authorities may exercise within their own sphere of responsibility.

text: Local authorities shall be consulted, in an appropriate manner, on the way in which redistributed resources are to be allocated to them.

text: As far as possible, grants to local authorities shall not be earmarked for the financing of specific projects. The provision of grants shall not remove the basic freedom of local authorities to exercise policy discretion within their own jurisdiction.

text: For the purpose of borrowing for capital investment, local authorities shall have access to the national capital market within the limits of the law.

text: Article 9 – Financial resources of local authorities

text: Local authorities shall be entitled, in exercising their powers, to co-operate and, within the framework of the law, to form consortia with other local authorities in order to carry out tasks of common interest.

text: The entitlement of local authorities to belong to an association for the protection and promotion of their common interests and to belong to an international association of local authorities shall be recognised in each State.

text: Local authorities shall be entitled, under such conditions as may be provided for by the law, to co-operate with their counterparts in other States.

text: Article 10 – Local authorities' right to associate

text: Local authorities shall have the right of recourse to a judicial remedy in order to secure free exercise of their powers and respect for such principles of local self-government as are enshrined in the constitution or domestic legislation.

text: Article 11 – Legal protection of local self-government

text: Part II – Miscellaneous provisions

text: Each Party undertakes to consider itself bound by at least twenty paragraphs of Part I of the Charter, at least ten of which shall be selected from among the following paragraphs:

text: Article 2

text: Article 3

text: , paragraphs 1 and 2, –

text: Article 4

text: , paragraphs 1, 2 and 4, –

text: Article 5

text: Article 7

text: , paragraph 1, –

text: Article 8

text: , paragraph 2, –

text: Article 9

text: , paragraphs 1, 2 and 3, –

text: Article 10

text: , paragraph 1, –

text: Article 11

text: Each Contracting State, when depositing its instrument of ratification, acceptance or approval, shall notify to the Secretary General of the Council of Europe of the paragraphs selected in accordance with the provisions of paragraph 1 of this article.

text: Any Party may, at any later time, notify the Secretary General that it considers itself bound by any paragraphs of this Charter which it has not already accepted under the terms of paragraph 1 of this article. Such undertakings subsequently given shall be deemed to be an integral part of the ratification, acceptance or approval of the Party so notifying, and shall have the same effect as from the first day of the month following the expiration of a period of three months after the date of the receipt of the notification by the Secretary General.

text: Article 12 – Undertakings

text: The principles of local self-government contained in the present Charter apply to all the categories of local authorities existing within the territory of the Party. However, each Party may, when depositing its instrument of ratification, acceptance or approval, specify the categories of local or regional authorities to which it intends to confine the scope of the Charter or which it intends to exclude from its scope. It may also include further categories of local or regional authorities within the scope of the Charter by subsequent notification to the Secretary General of the Council of Europe.

text: Article 13 – Authorities to which the Charter applies

text: Each Party shall forward to the Secretary General of the Council of Europe all relevant information concerning legislative provisions and other measures taken by it for the purposes of complying with the terms of this Charter.

text: Article 14 – Provision of information

text: Part III

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

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

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

text: Article 15 – Signature, ratification and entry into force

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 Charter 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 Charter to any other territory specified in the declaration. In respect of such territory the Charter shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

text: Article 16 – Territorial clause

text: Any Party may denounce this Charter at any time after the expiration of a period of five years from the date on which the Charter entered into force for it. Six months' notice shall be given to the Secretary General of the Council of Europe. Such denunciation shall not affect the validity of the Charter in respect of the other Parties provided that at all times there are not less than four such Parties.

text: Any Party may, in accordance with the provisions set out in the preceding paragraph, denounce any paragraph of Part I of the Charter accepted by it provided that the Party remains bound by the number and type of paragraphs stipulated in

text: Article 12

text: , paragraph 1. Any Party which, upon denouncing a paragraph, no longer meets the requirements of

text: Article 12

text: , paragraph 1, shall be considered as also having denounced the Charter itself.

text: Article 17 – Denunciation

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

text: any signature;

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

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

text: Article 15

text: any notification received in application of the provisions of

text: Article 12

text: , paragraphs 2 and 3;

text: Article 13

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

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

text: Done at Strasbourg, this 15th day of October 1985, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.

text: Article 18 – Notifications

type: internationell-overenskommelse