identifier: CETS No. 211

openingPlace: Moscow

reference: CETS No. 211

title: Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health

text: Council of Europe Treaty Series - No. 211

text: Council of Europe Convention on the counterfeiting of medical products and

text: similar crimes involving threats to public health

text: Moscow, 28.X.2011

text: Preamble

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

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

text: Noting that the counterfeiting of medical products and similar crimes by their very nature seriously endanger public health;

text: Recalling the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), which recommends the development of measures to strengthen the security of European citizens;

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

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

text: (1950, ETS No. 5), the European Social Charter (1961, ETS No. 35), the Convention on the Elaboration of a European Pharmacopoeia (1964, ETS No. 50) and its Protocol (1989, ETS No. 134), the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (1997, ETS No. 164) and the Additional Protocols thereto (1998, ETS No. 168, 2002, ETS No.186, 2005, CETS No. 195, 2008, CETS No. 203) and the Convention on Cybercrime (2001, ETS No. 185);

text: Also bearing in mind the other relevant work of the Council of Europe, particularly the decisions of the Committee of Ministers and work of the Parliamentary Assembly, notably Resolution AP(2001)2 concerning the pharmacist's role in the framework of health security, the replies adopted by the Committee of Ministers on 6 April 2005 and on 26 September 2007, concerning respectively, Parliamentary Assembly Recommendations 1673 (2004) on “Counterfeiting: problems and solutions” and 1794 (2007) on the “Quality of medicines in Europe”, as well as relevant programmes conducted by the Council of Europe;

text: Having due regard to other relevant international legal instruments and programmes, conducted notably by the World Health Organisation, in particular the work of the group IMPACT, and by the European Union, as well as in the forum of the G8;

text: _____ (*) Text corrected in accordance with the Committee of Ministers' decision (1151st meeting of the Ministers' Deputies, 18-19 September 2012).

text: CETS 211 – Counterfeiting of medical products and similar crimes, 28.X.2011 __________________________________________________________________________________

text: Determined to contribute effectively to the attainment of the common goal of combating crime involving counterfeiting of medical products and similar crimes involving threats to public health, by introducing notably new offences and penal sanctions relative to these offences;

text: Considering that the purpose of this Convention is to prevent and combat threats to public health, giving effect to the provisions of the Convention concerning substantive criminal law should be carried out taking into account its purpose and the principle of proportionality;

text: Considering that this Convention does not seek to address issues concerning intellectual property rights;

text: Taking into account the need to prepare a comprehensive international instrument which is centred on the aspects linked to prevention, protection of victims and criminal law in combating all forms of counterfeiting of medical products and similar crimes involving threats to public health, and which sets up a specific follow-up mechanism;

text: Recognising that, to efficiently combat the global threat posed by the counterfeiting of medical products and similar crimes, close international co-operation between Council of Europe member States and non-member States alike should be encouraged,

text: Have agreed as follows:

text: Chapter I – Object and purpose, principle of non-discrimination, scope, definitions

text: providing for the criminalisation of certain acts; b protecting the rights of victims of the offences established under this Convention; c promoting national and international co-operation.

text: The purpose of this Convention is to prevent and combat threats to public health by:

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

text: Article 1 – Object and purpose

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

text: Article 2 – Principle of non-discrimination

text: This Convention concerns medical products whether they are protected under intellectual property rights or not, or whether they are generic or not, including accessories designated to be used together with medical devices, as well as the active substances, excipients, parts and materials designated to be used in the production of medical products.

text: Article 3 – Scope

text: For the purposes of this Convention:

text: the term “medical product” shall mean medicinal products and medical devices;

text: the term “medicinal product” shall mean medicines for human and veterinary use, which may be:

ordinal: i

text: any substance or combination of substances presented as having properties for treating or preventing disease in humans or animals;

text: ii any substance or combination of substances which may be used in or administered to human beings or animals either with a view to restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action, or to making a medical diagnosis;

text: iii an investigational medicinal product;

text: the term “active substance” shall mean any substance or mixture of substances that is designated to be used in the manufacture of a medicinal product, and that, when used in the production of a medicinal product, becomes an active ingredient of the medicinal product;

text: the term “excipient” shall mean any substance that is not an active substance or a finished medicinal product, but is part of the composition of a medicinal product for human or veterinary use and essential for the integrity of the finished product;

text: the term “medical device” shall mean any instrument, apparatus, appliance, software, material or other article, whether used alone or in combination, including the software, designated by its manufacturer to be used specifically for diagnostic and/or therapeutic purposes and necessary for its proper application, designated by the manufacturer to be used for human beings for the purpose of:

text: diagnosis, prevention, monitoring, treatment or alleviation of disease;

text: ii diagnosis, monitoring, treatment, alleviation of or compensation for an injury or handicap;

text: iii investigation, replacement or modification of the anatomy or of a physiological process;

text: iv control of conception;

text: and which does not achieve its principal intended action in or on the human body by pharmacological, immunological or metabolic means, but which may be assisted in its function by such means;

text: the term “accessory” shall mean an article which whilst not being a medical device is designated specifically by its manufacturer to be used together with a medical device to enable it to be used in accordance with the use of the medical device intended by the manufacturer of the medical device;

ordinal: g

text: the terms “parts” and “materials” shall mean all parts and materials constructed and designated to be used for medical devices and that are essential for the integrity thereof;

ordinal: h

text: the term “document” shall mean any document related to a medical product, an active substance, an excipient, a part, a material or an accessory, including the packaging, labeling, instructions for use, certificate of origin or any other certificate accompanying it, or otherwise directly associated with the manufacturing and/or distribution thereof;

text: the term “manufacturing” shall mean:

text: as regards a medicinal product, any part of the process of producing the medicinal product, or an active substance or an excipient of such a product, or of bringing the medicinal product, active substance or excipient to its final state;

text: ii as regards a medical device, any part of the process of producing the medical device, as well as parts or materials of such a device, including designing the device, the parts or materials, or of bringing the medical device, the parts or materials to their final state;

text: iii as regards an accessory, any part of the process of producing the accessory, including designing the accessory, or of bringing the accessory to its final state;

ordinal: j

text: the term “counterfeit” shall mean a false representation as regards identity and/or source;

ordinal: k

text: the term “victim” shall mean any natural person suffering adverse physical or psychological effects as a result of having used a counterfeit medical product or a medical product manufactured, supplied or placed on the market without authorisation or without being in compliance with the conformity requirements as described in

text: Article 8

text: Article 4 – Definitions

text: Chapter II – Substantive criminal law

text: Each Party shall take the necessary legislative and other measures to establish as offences under its domestic law, the intentional manufacturing of counterfeit medical products, active substances, excipients, parts, materials and accessories.

text: As regards medicinal products and, as appropriate, medical devices, active substances and excipients, paragraph 1 shall also apply to any adulteration thereof.

text: Each State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply, or to apply only in specific cases or conditions, paragraph 1, as regards excipients, parts and materials, and paragraph 2, as regards excipients.

text: Article 5 – Manufacturing of counterfeits

text: Each Party shall take the necessary legislative and other measures to establish as offences under its domestic law, when committed intentionally, the supplying or the offering to supply, including brokering, the trafficking, including keeping in stock, importing and exporting of counterfeit medical products, active substances, excipients, parts, materials and accessories.

text: Each State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply, or to apply only in specific cases or conditions, paragraph 1, as regards excipients, parts and materials.

text: Article 6 – Supplying, offering to supply, and trafficking in counterfeits

text: Each Party shall take the necessary legislative and other measures to establish as offences under its domestic law the making of false documents or the act of tampering with documents, when committed intentionally.

text: Each State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply, or to apply only in specific cases or conditions, paragraph 1, as regards documents related to excipients, parts and materials.

text: Article 7 – Falsification of documents

text: Each Party shall take the necessary legislative and other measures to establish as offences under its domestic law, when committed intentionally, in so far as such an activity is not covered by

text: Articles 5

text: , 6 and 7:

text: the manufacturing, the keeping in stock for supply, importing, exporting, supplying, offering to supply or placing on the market of:

text: medicinal products without authorisation where such authorisation is required under the domestic law of the Party; or

text: ii medical devices without being in compliance with the conformity requirements, where such conformity is required under the domestic law of the Party;

text: the commercial use of original documents outside their intended use within the legal medical product supply chain, as specified by the domestic law of the Party.

text: Article 8 – Similar crimes involving threats to public health

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

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

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

text: Articles 7

text: and 8.

text: Article 9 – Aiding or abetting and attempt

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

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

text: Each Party shall take the necessary legislative and other measures to establish jurisdiction over any offence established in accordance with this Convention, when the victim of the offence is one of its nationals or a person habitually resident in its territory.

text: Each Party shall take the necessary legislative and other measures to establish jurisdiction over any offence established in accordance with this Convention, when the alleged offender is present in its territory and cannot be extradited to another Party because of his or her nationality.

text: Each State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply, or to apply only in specific cases or conditions, the jurisdiction rules laid down in paragraph 1, subparagraph d, and paragraph 2 of this article.

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

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

text: Article 10 – Jurisdiction

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

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

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

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

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

text: Article 11 – Corporate liability

text: Each Party shall take the necessary legislative and other measures to ensure that the offences established in accordance with this Convention are punishable by effective, proportionate and dissuasive sanctions, including criminal or non-criminal monetary sanctions, taking account of their seriousness. These sanctions shall include, for offences established in accordance with

text: Articles 5

text: and 6, when committed by natural persons, penalties involving deprivation of liberty that may give rise to extradition.

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

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

text: Article 11

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

text: permit seizure and confiscation of:

text: medical products, active substances, excipients, parts, materials and accessories, as well as goods, documents and other instrumentalities used to commit the offences established in accordance with this Convention or to facilitate their commission;

text: permit the destruction of confiscated medical products, active substances, excipients, parts, materials and accessories that are the subject of an offence established under this Convention;

text: take any other appropriate measures in response to an offence, in order to prevent future offences.

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

text: ii proceeds of these offences, or property whose value corresponds to such proceeds;

text: Article 12 – Sanctions and measures

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

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

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

text: the offence was committed by persons abusing the confidence placed in them as manufacturers as well as suppliers;

text: the offences of supplying and offering to supply were committed having resort to means of large scale distribution, such as information systems, including the Internet;

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

text: the perpetrator has previously been convicted of offences of the same nature.

text: Article 13 – Aggravating circumstances

text: Each Party shall take the necessary legislative and other measures to provide for the possibility to take into account final sentences passed by another Party in relation to the offences of the same nature when determining the sanctions.

text: Article 14 – Previous convictions

text: Chapter III – Investigation, prosecution and procedural law

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

text: Article 15 – Initiation and continuation of proceedings

text: Each Party shall take the necessary measures to ensure that persons, units or services in charge of criminal investigations are specialised in the field of combating counterfeiting of medical products and similar crimes involving threats to public health or that persons are trained for this purpose, including financial investigations. Such units or services shall have adequate resources.

text: Each Party shall take the necessary legislative and other measures, in conformity with the principles of its domestic law, to ensure effective criminal investigation and prosecution of offences established in accordance with this Convention, allowing, where appropriate, for the possibility for its competent authorities of carrying out financial investigations, of covert operations, controlled delivery and other special investigative techniques.

text: Article 16 – Criminal investigations

text: Chapter IV – Co-operation of authorities and information exchange

text: Each Party shall take the necessary legislative and other measures to ensure that representatives of health authorities, customs, police and other competent authorities exchange information and co-operate in accordance with domestic law in order to prevent and combat effectively the counterfeiting of medical products and similar crimes involving threats to public health.

text: Each Party shall endeavour to ensure co-operation between its competent authorities and the commercial and industrial sectors as regards risk management of counterfeit medical products and similar crimes involving threats to public health.

text: receiving and collecting information and data, including through contact points, at national or local levels and in collaboration with private sector and civil society, for the purpose of preventing and combating the counterfeiting of medical products and similar crimes involving threats to public health;

text: making available the information and data obtained by the health authorities, customs, police and other competent authorities for the co-operation between them.

text: With due respect for the requirements of the protection of personal data, each Party shall take the necessary legislative and other measures to set up or strengthen mechanisms for:

text: Each Party shall take the necessary measures to ensure that persons, units or services in charge of co-operation and information exchange are trained for this purpose. Such units or services shall have adequate resources.

text: Article 17 – National measures of co-operation and information exchange

text: Chapter V – Measures for prevention

text: Each Party shall take the necessary legislative and other measures to establish the quality and safety requirements of medical products. 2 Each Party shall take the necessary legislative and other measures to ensure the safe distribution of medical products. 3 With the aim of preventing counterfeiting of medical products, active substances, excipients, parts, materials and accessories, each Party shall take the necessary measures to provide, inter alia, for: a training of healthcare professionals, providers, police and customs authorities, as well as relevant regulatory authorities; b the promotion of awareness-raising campaigns addressed to the general public providing information about counterfeit medical products; c the prevention of illegal supplying of counterfeit medical products, active substances, excipients, parts, materials and accessories.

text: Article 18 – Preventive measures

text: Chapter VI – Measures for protection

text: Each Party shall take the necessary legislative and other measures to protect the rights and interests of victims, in particular by: a ensuring that victims have access to information relevant to their case and which is necessary for the protection of their health; b assisting victims in their physical, psychological and social recovery; c providing, in its domestic law, for the right of victims to compensation from the perpetrators.

text: Article 19 – Protection of victims

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

text: Each Party shall take the necessary legislative and other measures to protect the rights and interests of victims at all stages of criminal investigations and proceedings, in particular by: a informing them of their rights and the services at their disposal and, unless they do not wish to receive such information, the follow-up given to their complaint, the possible charges, the general progress of the investigation or proceedings, and their role therein as well as the outcome of their cases; b enabling them, in a manner consistent with the procedural rules of domestic law, to be heard, to supply evidence and to choose the means of having their views, needs and concerns presented, directly or through an intermediary, and considered; c providing them with appropriate support services so that their rights and interests are duly presented and taken into account;

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

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

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

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

text: Article 20 – The standing of victims in criminal investigations and proceedings

text: Chapter VII – International co-operation

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

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

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

text: Article 21 – International co-operation in criminal matters

text: The Parties shall co-operate on protecting and providing assistance to victims.

text: The Parties shall, without prejudice to their internal reporting systems, designate a national contact point which shall be responsible for transmitting and receiving requests for information and/or co-operation in connection with the fight against counterfeiting of medical products and similar crimes involving threats to public health.

text: Each Party shall endeavour to integrate, where appropriate, prevention and combating of the counterfeiting of medical products and similar crimes involving threats to public health into assistance or development programmes provided for the benefit of third States.

text: Article 22 – International co-operation on prevention and other administrative measures

text: Chapter VIII – Follow-up mechanism

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

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

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

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

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

text: Article 23 – Committee of the Parties

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

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

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

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

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

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

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

text: Article 24 – Other representatives

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

text: The Committee of the Parties shall also facilitate the collection, analysis and exchange of information, experience and good practice between States to improve their capacity to prevent and combat the counterfeiting of medical products and similar crimes involving threats to public health. The Committee may avail itself of the expertise of other relevant Council of Europe committees and bodies.

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

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

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

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

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

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

text: Chapter IX – Relationship with other international instruments

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

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

text: Article 26 – Relationship with other international instruments

text: Chapter X – Amendments to the Convention

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

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

text: The Committee of Ministers, having considered the proposed amendment and the opinion submitted by the Committee of the Parties, may adopt the amendment.

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

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

text: Article 27 – Amendments

text: Chapter XI – Final clauses

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

text: Article 20

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

text: This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

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

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

text: Article 28 – Signature and entry into force

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

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

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

text: Article 29 – Territorial application

text: No reservation may be made in respect of any provision of this Convention, with the exception of the reservations expressly established.

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

text: Article 30 – Reservations

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

text: Article 31 – Friendly settlement

text: Article 32 – Denunciation

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

text: Article 28

text: , of:

text: any signature;

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

text: Article 28

text: Article 27

text: any reservation made under

text: Articles 5

text: , 6, 7, 9 and 10 and any withdrawal of a reservation made in accordance with

text: Article 30

text: Article 32

text: Done in Moscow, this 28th day of October 2011, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention or enjoy observer status with the Council of Europe, to the European Union and to any State invited to sign this Convention.

text: Article 33 – Notification


doctype: protocol

identifier: CETS No. 212

openingPlace: Vienna

publisher: Council of Europe Treaty Office

reference: CETS No. 212

title: Fourth Additional Protocol to the European Convention on Extradition

text: Council of Europe Treaty Series - No. 212

type: stycke

text: Fourth Additional Protocol to the European Convention on Extradition

text: Vienna, 20.IX.2012

text: The member States of the Council of Europe, signatory to this Protocol, Considering that the aim of the Council of Europe is to achieve greater unity between its members; Desirous of strengthening their individual and collective ability to respond to crime; Having regard to the provisions of the European Convention on Extradition (ETS No. 24) opened for signature in Paris on 13 December 1957 (hereinafter referred to as “the Convention”), as well as the three Additional Protocols thereto (ETS Nos. 86 and 98, CETS No. 209), done at Strasbourg on 15 October 1975, on 17 March 1978 and on 10 November 2010, respectively; Considering it desirable to modernise a number of provisions of the Convention and supplement it in certain respects, taking into account the evolution of international cooperation in criminal matters since the entry into force of the Convention and the Additional Protocols thereto; Have agreed as follows:

text: Article 10

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

text: “Lapse of time

text: Extradition shall not be granted when the prosecution or punishment of the person claimed has become statute-barred according to the law of the requesting Party. 2 Extradition shall not be refused on the ground that the prosecution or punishment of the person claimed would be statute-barred according to the law of the requested Party. 3 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 apply paragraph 2: a when the request for extradition is based on offences for which that State has jurisdiction under its own criminal law; and/or b if its domestic legislation explicitly prohibits extradition when the prosecution or punishment of the person claimed would be statute-barred according to its law.

text: CETS 212 – Extradition (Fourth Additional Protocol), 20.IX.2012 __________________________________________________________________________________

text: When determining whether prosecution or punishment of the person sought would be statute-barred according to its law, any Party having made a reservation pursuant to paragraph 3 of this article shall take into consideration, in accordance with its law, any acts or events that have occurred in the requesting Party, in so far as acts or events of the same nature have the effect of interrupting or suspending time-limitation in the requested Party.”

text: Article 1 – Lapse of time

type: artikel

text: Article 12

text: “The request and supporting documents

text: The request shall be in writing. It shall be submitted by the Ministry of Justice or other competent authority of the requesting Party to the Ministry of Justice or other competent authority of the requested Party. A State wishing to designate another competent authority than the Ministry of Justice shall notify the Secretary General of the Council of Europe of its competent authority at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, as well as of any subsequent changes relating to its competent authority.

ordinal: a

text: a copy of the conviction and sentence or detention order immediately enforceable or of the warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting Party;

type: punkt

ordinal: b

text: a statement of the offences for which extradition is requested. The time and place of their commission, their legal descriptions and a reference to the relevant legal provisions, including provisions relating to lapse of time, shall be set out as accurately as possible; and

ordinal: c

text: a copy of the relevant enactments or, where this is not possible, a statement of the relevant law and as accurate a description as possible of the person claimed, together with any other information which will help to establish his or her identity, nationality and location.”

text: The request shall be supported by:

text: Article 5

text: of the Second Additional Protocol to the Convention shall not apply as between Parties to the present Protocol.

text: Article 2 – The request and supporting documents

text: Article 14

text: “Rule of speciality

text: when the Party which surrendered him or her consents. A request for consent shall be submitted, accompanied by the documents mentioned in

text: Article 12

text: and a legal record of any statement made by the extradited person in respect of the offence concerned. Consent shall be given when the offence for which it is requested is itself subject to extradition in accordance with the provisions of this Convention. The decision shall be taken as soon as possible and no later than 90 days after receipt of the request for consent. Where it is not possible for the requested Party to comply with the period provided for in this paragraph, it shall inform the requesting Party, providing the reasons for the delay and the estimated time needed for the decision to be taken;

text: when that person, having had an opportunity to leave the territory of the Party to which he or she has been surrendered, has not done so within 30 days of his or her final discharge, or has returned to that territory after leaving it.

text: A person who has been extradited shall not be arrested, prosecuted, tried, sentenced or detained with a view to the carrying out of a sentence or detention order, nor shall he or she be for any other reason restricted in his or her personal freedom for any offence committed prior to his or her surrender other than that for which he or she was extradited, except in the following cases:

text: carry out pre-trial investigations, except for measures restricting the personal freedom of the person concerned;

text: take any measures necessary under its law, including proceedings by default, to prevent any legal effects of lapse of time;

text: take any measures necessary to remove the person from its territory.

text: The requesting Party may, however:

text: the requesting Party notifies, either at the same time as the request for consent pursuant to paragraph 1.a, or later, the date on which it intends to apply such restriction; and

text: the competent authority of the requested Party explicitly acknowledges receipt of this notification.

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession or at any later time, declare that, by derogation from paragraph 1, a requesting Party which has made the same declaration may, when a request for consent is submitted pursuant to paragraph 1.a, restrict the personal freedom of the extradited person, provided that:

text: The requested Party may express its opposition to that restriction at any time, which shall entail the obligation for the requesting Party to end the restriction immediately, including, where applicable, by releasing the extradited person.

text: When the description of the offence charged is altered in the course of proceedings, the extradited person shall only be proceeded against or sentenced in so far as the offence under its new description is shown by its constituent elements to be an offence which would allow extradition.”

text: Article 3 – Rule of speciality

text: The text of

text: Article 15

text: of the Convention shall become paragraph 1 of that article and shall be supplemented by the following second paragraph:

text: “2 The requested Party shall take its decision on the consent referred to in paragraph 1 as soon as possible and no later than 90 days after receipt of the request for consent, and, where applicable, of the documents mentioned in

text: Article 12

text: , paragraph 2. Where it is not possible for the requested Party to comply with the period provided for in this paragraph, it shall inform the requesting Party, providing the reasons for the delay and the estimated time needed for the decision to be taken.”

text: Article 4 – Re-extradition to a third State

text: Article 21 of the Convention shall be replaced by the following provisions:

text: “Transit

text: Transit through the territory of one of the Contracting Parties shall be granted on submission of a request for transit, provided that the offence concerned is not considered by the Party requested to grant transit as an offence of a political or purely military character having regard to

text: Articles 3

text: and 4 of this Convention.

text: the identity of the person to be extradited, including his or her nationality or nationalities when available;

text: the authority requesting the transit;

text: the existence of an arrest warrant or other order having the same legal effect or of an enforceable judgment, as well as a confirmation that the person is to be extradited;

ordinal: d

text: the nature and legal description of the offence, including the maximum penalty or the penalty imposed in the final judgment;

ordinal: e

text: a description of the circumstances in which the offence was committed, including the time, place and degree of involvement of the person sought.

text: The request for transit shall contain the following information:

text: In the event of an unscheduled landing, the requesting Party shall immediately certify that one of the documents mentioned in

text: Article 12

text: , paragraph 2.a exists. This notification shall have the effect of a request for provisional arrest as provided for in Article 16, and the requesting Party shall submit a request for transit to the Party on whose territory this landing has occurred.

text: Transit of a national, within the meaning of

text: Article 6

text: , of a country requested to grant transit may be refused.

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 to grant transit of a person only on some or all of the conditions on which it grants extradition.

text: The transit of the extradited person shall not be carried out through any territory where there is reason to believe that his or her life or freedom may be threatened by reason of his or her race, religion, nationality or political opinion.”

text: Article 5 – Transit

text: The Convention shall be supplemented by the following provisions:

text: “Channels and means of communication

text: For the purpose of the Convention, communications may be forwarded by using electronic or any other means affording evidence in writing, under conditions which allow the Parties to ascertain their authenticity. In any case, the Party concerned shall, upon request and at any time, submit the originals or authenticated copies of documents.

text: The use of the International Criminal Police Organization (Interpol) or of diplomatic channels is not excluded.

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

text: Article 12

text: and

text: Article 14

text: , paragraph 1.a, of the Convention, it reserves the right to require the original or authenticated copy of the request and supporting documents.”

text: Article 6 – Channels and means of communication

text: The words and expressions used in this Protocol shall be interpreted within the meaning of the Convention. As regards the Parties to this Protocol, the provisions of the Convention shall apply, mutatis mutandis, to the extent that they are compatible with the provisions of this Protocol.

text: The provisions of this Protocol are without prejudice to the application of Article 28, paragraphs 2 and 3, of the Convention concerning the relations between the Convention and bilateral or multilateral agreements.

text: Article 7 – Relationship with the Convention and other international instruments

text: “Friendly settlement

text: The European Committee on Crime Problems of the Council of Europe shall be kept informed regarding the application of the Convention and the Additional Protocols thereto and shall do whatever is necessary to facilitate a friendly settlement of any difficulty which may arise out of their interpretation and application.”

text: Article 8 – Friendly settlement

text: This Protocol shall be open for signature by the member States of the Council of Europe which are Parties to or have signed the Convention. It shall be subject to ratification, acceptance or approval. A signatory may not ratify, accept or approve this Protocol unless it has previously ratified, accepted or approved the Convention, or does so simultaneously. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the deposit of the third instrument of ratification, acceptance or approval.

text: In respect of any signatory State which subsequently deposits its instrument of ratification, acceptance or approval, this Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit.

text: Article 9 – Signature and entry into force

text: Any non-member State which has acceded to the Convention may accede to this Protocol after it has entered into force.

text: Such accession shall be effected by depositing an instrument of accession with the Secretary General of the Council of Europe.

text: In respect of any acceding State, the Protocol 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 accession.

text: Article 10 – Accession

text: This Protocol shall apply to requests received after the entry into force of the Protocol between the Parties concerned.

text: Article 11 – Temporal scope

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 Protocol shall apply.

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

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

text: Article 12 – Territorial application

text: Reservations made by a State to the provisions of the Convention and the Additional Protocols thereto which are not amended by this Protocol shall also be applicable to this Protocol, unless that State otherwise declares at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession. The same shall apply to any declaration made in respect or by virtue of any provision of the Convention and the Additional Protocols thereto.

text: Reservations and declarations made by a State to any provision of the Convention which is amended by this Protocol shall not be applicable as between the Parties to this Protocol.

text: No reservation may be made in respect of the provisions of this Protocol, with the exception of the reservations provided for in

text: Article 10

text: , paragraph 3, and Article 21, paragraph 5, of the Convention as amended by this Protocol, and in

text: Article 6

text: , paragraph 3, of this Protocol. Reciprocity may be applied to any reservation made.

text: Any State may wholly or partially withdraw a reservation or declaration it has made in accordance with this Protocol, by means of a notification addressed to the Secretary General of the Council of Europe, which shall become effective as from the date of its receipt.

text: Article 13 – Declarations and reservations

text: Any Party may, in so far as it is concerned, denounce this Protocol 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 of the Council of Europe. 3 Denunciation of the Convention automatically entails denunciation of this Protocol.

text: Article 14 – Denunciation

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

text: Articles 9

text: and 10; d any reservation made in accordance with

text: Article 10

text: , paragraph 3, and Article 21, paragraph 5, of the Convention as amended by this Protocol, as well as

text: Article 6

text: , paragraph 3, of this Protocol, and any withdrawal of such a reservation; e any declaration made in accordance with

text: Article 12

text: , paragraph 1, and

text: Article 14

text: , paragraph 3, of the Convention as amended by this Protocol, as well as

text: Article 12

text: of this Protocol, and any withdrawal of such a declaration; f any notification received in pursuance of the provisions of

text: Article 14

text: and the date on which denunciation takes effect; g any other act, declaration, notification or communication relating to this Protocol.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol. Done at Vienna, this 20th day of September 2012, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to the non-member States which have acceded to the Convention.

text: Article 15 – Notifications


identifier: CETS No. 213

openingPlace: Strasbourg

reference: CETS No. 213

title: Protocol No. 15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms

text: Council of Europe Treaty Series - No. 213

text: Protocol No. 15 amending the

text: Strasbourg, 24.VI.2013

text: Preamble

text: The member States of the Council of Europe and the other High Contracting Parties to the

text: , signed at Rome on 4 November 1950 (hereinafter referred to as “the Convention”), signatory hereto,

text: Having regard to the declaration adopted at the High Level Conference on the Future of the European Court of Human Rights, held in Brighton on 19 and 20 April 2012, as well as the declarations adopted at the conferences held in Interlaken on 18 and 19 February 2010 and İzmir on 26 and 27 April 2011;

text: Having regard to Opinion No. 283 (2013) adopted by the Parliamentary Assembly of the Council of Europe on 26 April 2013;

text: Considering the need to ensure that the European Court of Human Rights (hereinafter referred to as “the Court”) can continue to play its pre-eminent role in protecting human rights in Europe,

text: Have agreed as follows:

text: At the end of the preamble to the Convention, a new recital shall be added, which shall read as follows:

text: “Affirming that the High Contracting Parties, in accordance with the principle of subsidiarity, have the primary responsibility to secure the rights and freedoms defined in this Convention and the Protocols thereto, and that in doing so they enjoy a margin of appreciation, subject to the supervisory jurisdiction of the European Court of Human Rights established by this Convention,”.

text: Article 1

text: In Article 21 of the Convention, a new paragraph 2 shall be inserted, which shall read as follows:

text: “Candidates shall be less than 65 years of age at the date by which the list of three candidates has been requested by the Parliamentary Assembly, further to Article 22.”

text: Paragraphs 2 and 3 of Article 21 of the Convention shall become paragraphs 3 and 4 of Article 21 respectively.

text: CETS 213 – Human Rights (Protocol No. 15), 24.VI.2013 __________________________________________________________________________________

text: Paragraph 2 of Article 23 of the Convention shall be deleted. Paragraphs 3 and 4 of Article 23 shall become paragraphs 2 and 3 of Article 23 respectively.

text: Article 2

text: In Article 30 of the Convention, the words “unless one of the parties to the case objects” shall be deleted.

text: Article 3

text: In Article 35, paragraph 1 of the Convention, the words “within a period of six months” shall be replaced by the words “within a period of four months”.

text: Article 4

text: In Article 35, paragraph 3, sub-paragraph b of the Convention, the words “and provided that no case may be rejected on this ground which has not been duly considered by a domestic tribunal” shall be deleted.

text: Final and transitional provisions

text: Article 5

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 Protocol shall be open for signature by the High Contracting Parties to the Convention, which may express their consent to be bound by:

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

text: Article 6

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

text: Article 6

text: Article 7

text: The amendments introduced by

text: Article 2

text: of this Protocol shall apply only to candidates on lists submitted to the Parliamentary Assembly by the High Contracting Parties under Article 22 of the Convention after the entry into force of this Protocol.

text: The amendment introduced by

text: Article 3

text: of this Protocol shall not apply to any pending case in which one of the parties has objected, prior to the date of entry into force of this Protocol, to a proposal by a Chamber of the Court to relinquish jurisdiction in favour of the Grand Chamber.

text: Article 4

text: of this Protocol shall enter into force following the expiration of a period of six months after the date of entry into force of this Protocol.

text: Article 4

text: of this Protocol shall not apply to applications in respect of which the final decision within the meaning of Article 35, paragraph 1 of the Convention was taken prior to the date of entry into force of

text: Article 4

text: of this Protocol.

text: All other provisions of this Protocol shall apply from its date of entry into force, in accordance with the provisions of

text: Article 7

text: Article 8

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

text: Article 7

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

text: In witness whereof, the undersigned, being duly authorised thereto, have signed this Protocol. Done at Strasbourg, this 24th day of June 2013, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to the other High Contracting Parties to the Convention.

text: Article 9

type: internationell-overenskommelse


identifier: CETS No. 214

reference: CETS No. 214

title: Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms

text: SFS 1994:1219

text: Council of Europe Treaty Series - No. 214

text: Strasbourg, 2.X.2013

text: Preamble

text: The member States of the Council of Europe and other High Contracting Parties to the

text: , signed at Rome on 4 November 1950 (hereinafter referred to as “the Convention”), signatories hereto, Having regard to the provisions of the Convention and, in particular, Article 19 establishing the European Court of Human Rights (hereinafter referred to as “the Court”); Considering that the extension of the Court’s competence to give advisory opinions will further enhance the interaction between the Court and national authorities and thereby reinforce implementation of the Convention, in accordance with the principle of subsidiarity; Having regard to Opinion No. 285 (2013) adopted by the Parliamentary Assembly of the Council of Europe on 28 June 2013, Have agreed as follows:

text: Highest courts and tribunals of a High Contracting Party, as specified in accordance with

text: Article 10

text: , may request the Court to give advisory opinions on questions of principle relating to the interpretation or application of the rights and freedoms defined in the Convention or the protocols thereto. 2 The requesting court or tribunal may seek an advisory opinion only in the context of a case pending before it. 3 The requesting court or tribunal shall give reasons for its request and shall provide the relevant legal and factual background of the pending case.

text: Article 1

text: A panel of five judges of the Grand Chamber shall decide whether to accept the request for an advisory opinion, having regard to

text: Article 1

text: . The panel shall give reasons for any refusal to accept the request. 2 If the panel accepts the request, the Grand Chamber shall deliver the advisory opinion.

text: CETS 214 – Human Rights (Protocol No. 16), 2.X.2013 __________________________________________________________________________________

text: The panel and the Grand Chamber, as referred to in the preceding paragraphs, shall include ex officio the judge elected in respect of the High Contracting Party to which the requesting court or tribunal pertains. If there is none or if that judge is unable to sit, a person chosen by the President of the Court from a list submitted in advance by that Party shall sit in the capacity of judge.

text: Article 2

text: The Council of Europe Commissioner for Human Rights and the High Contracting Party to which the requesting court or tribunal pertains shall have the right to submit written comments and take part in any hearing. The President of the Court may, in the interest of the proper administration of justice, invite any other High Contracting Party or person also to submit written comments or take part in any hearing.

text: Article 3

text: Reasons shall be given for advisory opinions. 2 If the advisory opinion does not represent, in whole or in part, the unanimous opinion of the judges, any judge shall be entitled to deliver a separate opinion. 3 Advisory opinions shall be communicated to the requesting court or tribunal and to the High Contracting Party to which that court or tribunal pertains. 4 Advisory opinions shall be published.

text: Article 4

text: Advisory opinions shall not be binding.

text: Article 5

text: As between the High Contracting Parties the provisions of

text: Articles 1

text: to 5 of this Protocol shall be regarded as additional articles to the Convention, and all the provisions of the Convention shall apply accordingly.

text: Article 6

text: This Protocol shall be open for signature by the High Contracting Parties to the Convention, which may express their consent to be bound by: a signature without reservation as to ratification, acceptance or approval; or b signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval. 2 The instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: Article 7

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

text: Article 7

text: In respect of any High Contracting Party to the Convention which subsequently expresses its consent to be bound by it, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of its consent to be bound by the Protocol in accordance with the provisions of

text: Article 7

text: Article 8

text: No reservation may be made under Article 57 of the Convention in respect of the provisions of this Protocol.

text: Article 9

text: Each High Contracting Party to the Convention shall, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by means of a declaration addressed to the Secretary General of the Council of Europe, indicate the courts or tribunals that it designates for the purposes of

text: Article 1

text: , paragraph 1, of this Protocol. This declaration may be modified at any later date and in the same manner.

text: Article 10

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

text: Article 8

text: ; d any declaration made in accordance with

text: Article 10

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

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol. Done at Strasbourg, this 2nd day of October 2013, 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 the other High Contracting Parties to the Convention.

text: Article 11