identifier: ETS No. 189

reference: ETS No. 189

title: Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems

text: European Treaty Series - No. 189

text: Strasbourg, 28.I.2003

text: The member States of the Council of Europe and the other States Parties to the Convention on Cybercrime, opened for signature in Budapest on 23 November 2001, signatory hereto;

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

text: Recalling that all human beings are born free and equal in dignity and rights;

text: Stressing the need to secure a full and effective implementation of all human rights without any discrimination or distinction, as enshrined in European and other international instruments;

text: Convinced that acts of a racist and xenophobic nature constitute a violation of human rights and a threat to the rule of law and democratic stability;

text: Considering that national and international law need to provide adequate legal responses to propaganda of a racist and xenophobic nature committed through computer systems;

text: Aware of the fact that propaganda to such acts is often subject to criminalisation in national legislation;

text: Having regard to the Convention on Cybercrime, which provides for modern and flexible means of international co-operation and convinced of the need to harmonise substantive law provisions concerning the fight against racist and xenophobic propaganda;

text: Aware that computer systems offer an unprecedented means of facilitating freedom of expression and communication around the globe;

text: Recognising that freedom of expression constitutes one of the essential foundations of a democratic society, and is one of the basic conditions for its progress and for the development of every human being;

text: Concerned, however, by the risk of misuse or abuse of such computer systems to disseminate racist and xenophobic propaganda;

text: Mindful of the need to ensure a proper balance between freedom of expression and an effective fight against acts of a racist and xenophobic nature;

text: Recognising that this Protocol is not intended to affect established principles relating to freedom of expression in national legal systems;

text: ETS 189 – Cybercrime (Additional Protocol), 28.I.2003 __________________________________________________________________________________

text: Taking into account the relevant international legal instruments in this field, and in particular the

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

text: and its Protocol No. 12 concerning the general prohibition of discrimination, the existing Council of Europe conventions on co-operation in the penal field, in particular the Convention on Cybercrime, the United Nations

text: International Convention on the Elimination of All Forms of Racial Discrimination

text: of 21 December 1965, the European Union Joint Action of 15 July 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, concerning action to combat racism and xenophobia;

text: Welcoming the recent developments which further advance international understanding and co-operation in combating cybercrime and racism and xenophobia;

text: Having regard to the Action Plan adopted by the Heads of State and Government of the Council of Europe on the occasion of their Second Summit (Strasbourg, 10-11 October 1997) to seek common responses to the developments of the new technologies based on the standards and values of the Council of Europe;

text: Have agreed as follows:

text: Chapter I – Common provisions

text: The purpose of this Protocol is to supplement, as between the Parties to the Protocol, the provisions of the Convention on Cybercrime, opened for signature in Budapest on 23 November 2001 (hereinafter referred to as “the Convention”), as regards the criminalisation of acts of a racist and xenophobic nature committed through computer systems.

text: Article 1 – Purpose

text: For the purposes of this Protocol:

text: "racist and xenophobic material" means any written material, any image or any other representation of ideas or theories, which advocates, promotes or incites hatred, discrimination or violence, against any individual or group of individuals, based on race, colour, descent or national or ethnic origin, as well as religion if used as a pretext for any of these factors.

text: The terms and expressions used in this Protocol shall be interpreted in the same manner as they are interpreted under the Convention.

text: Article 2 – Definition

text: Chapter II – Measures to be taken at national level

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the following conduct:

text: distributing, or otherwise making available, racist and xenophobic material to the public through a computer system.

text: A Party may reserve the right not to attach criminal liability to conduct as defined by paragraph 1 of this article, where the material, as defined in

text: Article 2

text: , paragraph 1, advocates, promotes or incites discrimination that is not associated with hatred or violence, provided that other effective remedies are available.

text: Notwithstanding paragraph 2 of this article, a Party may reserve the right not to apply paragraph 1 to those cases of discrimination for which, due to established principles in its national legal system concerning freedom of expression, it cannot provide for effective remedies as referred to in the said paragraph 2.

text: Article 3 – Dissemination of racist and xenophobic material through computer systems

text: threatening, through a computer system, with the commission of a serious criminal offence as defined under its domestic law, (i) persons for the reason that they belong to a group, distinguished by race, colour, descent or national or ethnic origin, as well as religion, if used as a pretext for any of these factors, or (ii) a group of persons which is distinguished by any of these characteristics.

text: Article 4 – Racist and xenophobic motivated threat

text: insulting publicly, through a computer system, (i) persons for the reason that they belong to a group distinguished by race, colour, descent or national or ethnic origin, as well as religion, if used as a pretext for any of these factors; or (ii) a group of persons which is distinguished by any of these characteristics.

text: require that the offence referred to in paragraph 1 of this article has the effect that the person or group of persons referred to in paragraph 1 is exposed to hatred, contempt or ridicule; or

text: reserve the right not to apply, in whole or in part, paragraph 1 of this article.

text: A Party may either:

text: Article 5 – Racist and xenophobic motivated insult

text: Each Party shall adopt such legislative measures as may be necessary to establish the following conduct as criminal offences under its domestic law, when committed intentionally and without right:

text: distributing or otherwise making available, through a computer system to the public, material which denies, grossly minimises, approves or justifies acts constituting genocide or crimes against humanity, as defined by international law and recognised as such by final and binding decisions of the International Military Tribunal, established by the London Agreement of 8 August 1945, or of any other international court established by relevant international instruments and whose jurisdiction is recognised by that Party.

text: require that the denial or the gross minimisation referred to in paragraph 1 of this article is committed with the intent to incite hatred, discrimination or violence against any individual or group of individuals, based on race, colour, descent or national or ethnic origin, as well as religion if used as a pretext for any of these factors, or otherwise

text: A Party may either

text: Article 6 – Denial, gross minimisation, approval or justification of genocide or crimes against humanity

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, aiding or abetting the commission of any of the offences established in accordance with this Protocol, with intent that such offence be committed.

text: Article 7 – Aiding and abetting

text: Chapter III – Relations between the Convention and this Protocol

text: Articles 1

text: , 12, 13, 22, 41, 44, 45 and 46 of the Convention shall apply, mutatis mutandis, to this Protocol. 2 The Parties shall extend the scope of application of the measures defined in

text: Articles 14

text: to 21 and Articles 23 to 35 of the Convention, to

text: Articles 2

text: to 7 of this Protocol.

text: Article 8 – Relations between the Convention and this Protocol

text: Chapter IV – Final provisions

text: This Protocol shall be open for signature by the States which have signed the Convention, which may express their consent to be bound by either: a signature without reservation as to ratification, acceptance or approval; or b subject to ratification, acceptance or approval, followed by ratification, acceptance or approval. 2 A State may not sign this Protocol without reservation as to ratification, acceptance or approval, or deposit an instrument of ratification, acceptance or approval, unless it has already deposited or simultaneously deposits an instrument of ratification, acceptance or approval of the Convention. 3 The instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: Article 9 – Expression of consent to be bound

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 five States have expressed their consent to be bound by the Protocol, in accordance with the provisions of

text: Article 9

text: . 2 In respect of any State 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 its signature without reservation as to ratification, acceptance or approval or deposit of its instrument of ratification, acceptance or approval.

text: Article 10 – Entry into force

text: After the entry into force of this Protocol, any State which has acceded to the Convention may also accede to the Protocol.

text: Accession shall be effected by the deposit with the Secretary General of the Council of Europe of an instrument of accession which shall take effect on the first day of the month following the expiration of a period of three months after the date of its deposit.

text: Article 11 – Accession

text: Reservations and declarations made by a Party to a provision of the Convention shall be applicable also to this Protocol, unless that Party declares otherwise at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession.

text: By a written notification addressed to the Secretary General of the Council of Europe, any Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it avails itself of the reservation(s) provided for in

text: Articles 3

text: , 5 and 6 of this Protocol. At the same time, a Party may avail itself, with respect to the provisions of this Protocol, of the reservation(s) provided for in Article 22, paragraph 2, and Article 41, paragraph 1, of the Convention, irrespective of the implementation made by that Party under the Convention. No other reservations may be made.

text: By a written notification addressed to the Secretary General of the Council of Europe, 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 possibility of requiring additional elements as provided for in

text: Article 5

text: , paragraph 2.a, and

text: Article 6

text: , paragraph 2.a, of this Protocol.

text: Article 12 – Reservations and declarations

text: A Party that has made a reservation in accordance with

text: Article 12

text: above shall withdraw such reservation, in whole or in part, as soon as circumstances so permit. Such withdrawal shall take effect on the date of receipt of a notification addressed to the Secretary General of the Council of Europe. If the notification states that the withdrawal of a reservation is to take effect on a date specified therein, and such date is later than the date on which the notification is received by the Secretary General, the withdrawal shall take effect on such a later date.

text: The Secretary General of the Council of Europe may periodically enquire with Parties that have made one or more reservations in accordance with

text: Article 12

text: as to the prospects for withdrawing such reservation(s).

text: Article 13 – Status and withdrawal of reservations

text: Any Party 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 Party may, at any later date, by a 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 the declaration by the Secretary General.

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

text: Article 14 – Territorial application

text: Any Party may, at any time, 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 three months after the date of receipt of the notification by the Secretary General.

text: Article 15 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the non-member States which have participated in the elaboration of this Protocol as well as any State which has acceded to, or has been invited to accede 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 its

text: Articles 9

text: , 10 and 11; 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 28th day of January 2003, 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 Protocol, and to any State invited to accede to it.

text: Article 16 – Notification


doctype: protocol

identifier: ETS No. 190

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: ETS No. 190

title: Protocol amending the European Convention on the Suppression of Terrorism

text: European Treaty Series - No. 190

type: stycke

text: Protocol amending the European Convention on the Suppression of Terrorism

text: Strasbourg, 15.V.2003

text: The member States of the Council of Europe, signatory to this Protocol,

text: Bearing in mind the Committee of Ministers of the Council of Europe’s Declaration of 12 September 2001 and its Decision of 21 September 2001 on the Fight against International Terrorism, and the Vilnius Declaration on Regional Co-operation and the Consolidation of Democratic Stability in Greater Europe adopted by the Committee of Ministers at its 110th Session in Vilnius on 3 May 2002;

text: Bearing in mind the Parliamentary Assembly of the Council of Europe’s Recommendation 1550 (2002) on Combating terrorism and respect for human rights;

text: Bearing in mind the General Assembly of the United Nations Resolution A/RES/51/210 on measures to eliminate international terrorism and the annexed Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism, and its Resolution A/RES/49/60 on measures to eliminate international terrorism and the Declaration on Measures to Eliminate International Terrorism annexed thereto;

text: Wishing to strengthen the fight against terrorism while respecting human rights, and mindful of the Guidelines on human rights and the fight against terrorism adopted by the Committee of Ministers of the Council of Europe on 11 July 2002;

text: Considering for that purpose that it would be appropriate to amend the European Convention on the Suppression of Terrorism (ETS No. 90) opened for signature in Strasbourg on 27 January 1977, hereinafter referred to as “the Convention”;

text: Considering that it would be appropriate to update the list of international conventions in

text: Article 1

text: of the Convention and to provide for a simplified procedure to subsequently update it as required;

text: Considering that it would be appropriate to strengthen the follow-up of the implementation of the Convention;

text: Considering that it would be appropriate to review the reservation regime;

text: Considering that it would be appropriate to open the Convention to the signature of all interested States,

text: Have agreed as follows:

text: ETS 190 – Suppression of Terrorism (Amending Protocol), 15.V.2003 __________________________________________________________________________________

ordinal: d

text: an offence within the scope of the International Convention Against the Taking of Hostages, adopted at New York on 17 December 1979;

type: punkt

ordinal: e

text: an offence within the scope of the Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980;

ordinal: f

text: an offence within the scope of the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, done at Montreal on 24 February 1988;”.

text: The introductory paragraph to

text: Article 1

text: of the Convention shall become paragraph 1 of this article. In sub-paragraph b of this paragraph, the term “signed” shall be replaced by the term “concluded” and sub-paragraphs c, d, e and f of this paragraph shall be replaced by the following sub-paragraphs:

text: “c an offence within the scope of the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, adopted at New York on 14 December 1973;

ordinal: h

text: an offence within the scope of the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988;

ordinal: i

text: an offence within the scope of the International Convention for the Suppression of Terrorist Bombings, adopted at New York on 15 December 1997;

ordinal: j

text: an offence within the scope of the International Convention for the Suppression of the Financing of Terrorism, adopted at New York on 9 December 1999.”.

text: Paragraph 1 of

text: Article 1

text: of the Convention shall be supplemented by the following four subparagraphs:

text: “g an offence within the scope of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on 10 March 1988;

ordinal: a

text: the attempt to commit any of these principal offences;

ordinal: b

text: the participation as an accomplice in the perpetration of any of these principal offences or in an attempt to commit any of them;

ordinal: c

text: organising the perpetration of, or directing others to commit or attempt to commit, any of these principal offences.”.

text: The text of

text: Article 1

text: of the Convention shall be supplemented by the following paragraph:

text: “2 Insofar as they are not covered by the conventions listed under paragraph 1, the same shall apply, for the purpose of extradition between Contracting States, not only to the commission of those principal offences as a perpetrator but also to:

text: Article 1

type: artikel

text: Paragraph 3 of

text: Article 2

text: of the Convention shall be amended to read as follows:

text: “3 The same shall apply to:

text: the attempt to commit any of the foregoing offences;

text: the participation as an accomplice in any of the foregoing offences or in an attempt to commit any such offence;

text: organising the perpetration of, or directing others to commit or attempt to commit, any of the foregoing offences.”.

text: Article 2

text: The text of

text: Article 4

text: of the Convention shall become paragraph 1 of this article and a new sentence shall be added at the end of this paragraph as follows: “Contracting States undertake to consider such offences as extraditable offences in every extradition treaty subsequently concluded between them.”.

text: The text of

text: Article 4

text: “2 When a Contracting State which makes extradition conditional on the existence of a treaty receives a request for extradition from another Contracting State with which it has no extradition treaty, the requested Contracting State may, at its discretion, consider this Convention as a legal basis for extradition in relation to any of the offences mentioned in

text: Articles 1

text: or 2.”.

text: Article 3

text: The text of

text: Article 5

text: of the Convention shall become paragraph 1 of this article.

text: The text of

text: Article 5

text: of the Convention shall be supplemented by the following paragraphs:

text: “2 Nothing in this Convention shall be interpreted as imposing on the requested State an obligation to extradite if the person subject of the extradition request risks being exposed to torture.

text: Nothing in this Convention shall be interpreted either as imposing on the requested State an obligation to extradite if the person subject of the extradition request risks being exposed to the death penalty or, where the law of the requested State does not allow for life imprisonment, to life imprisonment without the possibility of parole, unless under applicable extradition treaties the requested State is under the obligation to extradite if the requesting State gives such assurance as the requested State considers sufficient that the death penalty will not be imposed or, where imposed, will not be carried out, or that the person concerned will not be subject to life imprisonment without the possibility of parole.”.

text: Article 4

text: A new article shall be inserted after

text: Article 8

text: of the Convention and shall read as follows:

text: Article 9

text: The Contracting States may conclude between themselves bilateral or multilateral agreements in order to supplement the provisions of this Convention or to facilitate the application of the principles contained therein.”.

text: Article 5

text: Article 9

text: of the Convention shall become

text: Article 10

text: shall be kept informed regarding the application of the Convention;

text: shall make proposals with a view to facilitating or improving the application of the Convention;

text: shall make recommendations to the Committee of Ministers concerning the proposals for amendments to the Convention, and shall give its opinion on any proposals for amendments to the Convention submitted by a Contracting State in accordance with

text: Articles 12

text: and 13;

text: shall, at the request of a Contracting State, express an opinion on any question concerning the application of the Convention;

text: shall do whatever is necessary to facilitate a friendly settlement of any difficulty which may arise out of the execution of the Convention;

text: shall make recommendations to the Committee of Ministers concerning nonmember States of the Council of Europe to be invited to accede to the Convention in accordance with

text: Article 14

text: , paragraph 3;

ordinal: g

text: shall submit every year to the Committee of Ministers of the Council of Europe a report on the follow-up given to this article in the application of the Convention.”.

text: Paragraph 1 of new

text: Article 10

text: shall be amended to read as follows:

text: “The European Committee on Crime Problems (CDPC) is responsible for following the application of the Convention. The CDPC:

text: Paragraph 2 of new

text: Article 10

text: shall be deleted.

text: Article 6

text: Article 10

text: of the Convention shall become

text: Article 11

text: In the first sentence of paragraph 1 of new

text: Article 11

text: , the terms “

text: Article 9

text: , paragraph 2” shall be replaced by the terms “

text: Article 10

text: .e, or by negotiation”. In the second sentence of this paragraph, the term "two" shall be deleted. The remaining sentences of this paragraph shall be deleted.

text: Paragraph 2 of new

text: Article 11

text: shall become paragraph 6 of this article. The sentence “Where a majority cannot be reached, the referee shall have a casting vote” shall be added after the second sentence and in the last sentence the terms “Its award” shall be replaced by the terms “The tribunal’s judgement”.

text: The text of new

text: Article 11

text: shall be supplemented by the following paragraphs:

text: “2 In the case of disputes involving Parties which are member States of the Council of Europe, where a Party fails to nominate its arbitrator in pursuance of paragraph 1 of this article within three months following the request for arbitration, an arbitrator shall be nominated by the President of the European Court of Human Rights at the request of the other Party.

text: In the case of disputes involving any Party which is not a member of the Council of Europe, where a Party fails to nominate its arbitrator in pursuance of paragraph 1 of this article within three months following the request for arbitration, an arbitrator shall be nominated by the President of the International Court of Justice at the request of the other Party.

text: In the cases covered by paragraphs 2 and 3 of this article, where the President of the Court concerned is a national of one of the Parties to the dispute, this duty shall be carried out by the Vice-President of the Court, or if the Vice-President is a national of one of the Parties to the dispute, by the most senior judge of the Court who is not a national of one of the Parties to the dispute.

text: The procedures referred to in paragraphs 2 or 3 and 4 above apply, mutatis mutandis, where the arbitrators fail to agree on the nomination of a referee in accordance with paragraph 1 of this article.”.

text: Article 7

text: A new article shall be introduced after new

text: Article 11

text: and shall read as follows:

text: Article 12

text: Amendments to this Convention may be proposed by any Contracting State, or by the Committee of Ministers. Proposals for amendment shall be communicated by the Secretary General of the Council of Europe to the Contracting States.

text: After having consulted the non-member Contracting States and, if necessary, the CDPC, the Committee of Ministers may adopt the amendment in accordance with the majority provided for in Article 20.d of the Statuteof the Council of Europe. The Secretary General of the Council of Europe shall submit any amendments adopted to the Contracting States for acceptance.

text: Any amendment adopted in accordance with the above paragraph shall enter into force on the thirtieth day following notification by all the Parties to the Secretary General of their acceptance thereof.”.

text: Article 8

text: Article 12

text: and shall read as follows:

text: Article 13

text: In order to update the list of treaties in

text: Article 1

text: , paragraph 1, amendments may be proposed by any Contracting State or by the Committee of Ministers. These proposals for amendment shall only concern treaties concluded within the United Nations Organisation dealing specifically with international terrorism and having entered into force. They shall be communicated by the Secretary General of the Council of Europe to the Contracting States.

text: After having consulted the non-member Contracting States and, if necessary the CDPC, the Committee of Ministers may adopt a proposed amendment by the majority provided for in Article 20.d of the Statute of the Council of Europe. The amendment shall enter into force following the expiry of a period of one year after the date on which it has been forwarded to the Contracting States. During this period, any Contracting State may notify the Secretary General of any objection to the entry into force of the amendment in its respect.

text: If one-third of the Contracting States notifies the Secretary General of an objection to the entry into force of the amendment, the amendment shall not enter into force.

text: If less than one-third of the Contracting States notifies an objection, the amendment shall enter into force for those Contracting States which have not notified an objection.

text: Once an amendment has entered into force in accordance with paragraph 2 of this article and a Contracting State has notified an objection to it, this amendment shall come into force in respect of the Contracting State concerned on the first day of the month following the date on which it has notified the Secretary General of the Council of Europe of its acceptance.”.

text: Article 9

text: Article 11

text: of the Convention shall become

text: Article 14

text: Article 14

text: the terms “member States of the Council of Europe” shall be replaced by the terms “member States of and Observer States to the Council of Europe” and in the second and third sentences, the terms ”or approval” shall be replaced by the terms ", approval or accession”.

text: The text of new

text: Article 14

text: shall be supplemented by the following paragraph:

text: “3 The Committee of Ministers of the Council of Europe, after consulting the CDPC, may invite any State not a member of the Council of Europe, other than those referred to under paragraph 1 of this article, to accede to the Convention. The decision shall be 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: Paragraph 3 of new

text: Article 14

text: shall become paragraph 4 of this article, and the terms “or approving” and “or approval” shall be replaced respectively by the terms “, approving or acceding” and “, approval or accession”.

text: Article 10

text: Article 12

text: of the Convention shall become

text: Article 15

text: Article 15

text: , the terms “or approval” shall be replaced by the terms “, approval or accession”.

text: In the first sentence of paragraph 2 of new

text: Article 15

text: , the terms “or approval” are replaced by the terms “, approval or accession”.

text: Article 11

text: Reservations to the Convention made prior to the opening for signature of the present Protocol shall not be applicable to the Convention as amended by the present Protocol.

text: Article 13

text: of the Convention shall become

text: Article 16

text: Article 16

text: the terms “Party to the Convention on 15 May 2003” shall be added before the term “may” and the terms “of the Protocol amending the Convention” shall be added after the term “approval”. A second sentence shall be added after the terms “political motives” and shall read: “The Contracting State undertakes to apply this reservation on a case-by-case basis, through a duly reasoned decision and taking into due consideration, when evaluating the character of the offence, any particularly serious aspects of the offence, including:”. The remainder of the first sentence shall be deleted, with the exception of sub-paragraphs a, b and c.

text: The text of new

text: Article 16

text: “2 When applying paragraph 1 of this article, a Contracting State shall indicate the offences to which its reservation applies.”.

text: Paragraph 2 of new

text: Article 16

text: shall become paragraph 3 of this article. In the first sentence of this paragraph, the term "Contracting" shall be added before the term "State" and the terms “the foregoing paragraph” shall be replaced by the terms “paragraph 1.”.

text: Paragraph 3 of new

text: Article 16

text: shall become paragraph 4 of this article. In the first sentence of this paragraph, the term "Contracting" shall be added before the term "State".

text: The text of new

text: Article 16

text: “5 The reservations referred to in paragraph 1 of this article shall be valid for a period of three years from the day of the entry into force of this Convention in respect of the State concerned. However, such reservations may be renewed for periods of the same duration.

text: Twelve months before the date of expiry of the reservation, the Secretariat General of the Council of Europe shall give notice of that expiry to the Contracting State concerned. No later than three months before expiry, the Contracting State shall notify the Secretary General of the Council of Europe that it is upholding, amending or withdrawing its reservation. Where a Contracting State notifies the Secretary General of the Council of Europe that it is upholding its reservation, it shall provide an explanation of the grounds justifying its continuance. In the absence of notification by the Contracting State concerned, the Secretary General of the Council of Europe shall inform that Contracting State that its reservation is considered to have been extended automatically for a period of six months. Failure by the Contracting State concerned to notify its intention to uphold or modify its reservation before the expiry of that period shall cause the reservation to lapse.

text: Where a Contracting State does not extradite a person, in application of a reservation made in accordance with paragraph 1 of this article, after receiving a request for extradition from another Contracting State, it shall submit the case, without exception whatsoever and without undue delay, to its competent authorities for the purpose of prosecution, unless the requesting State and the requested State otherwise agree. The competent authorities, for the purpose of prosecution in the requested State, shall take their decision in the same manner as in the case of any offence of a serious nature under the law of that State. The requested State shall communicate, without undue delay, the final outcome of the proceedings to the requesting State and to the Secretary General of the Council of Europe, who shall forward it to the Conference provided for in

text: Article 17

text: The decision to refuse the extradition request, on the basis of a reservation made in accordance with paragraph 1 of this article, shall be forwarded promptly to the requesting State. If within a reasonable time no judicial decision on the merits has been taken in the requested State according to paragraph 7, the requesting State may communicate this fact to the Secretary General of the Council of Europe, who shall submit the matter to the Conference provided for in

text: Article 17

text: . This Conference shall consider the matter and issue an opinion on the conformity of the refusal with the Convention and shall submit it to the Committee of Ministers for the purpose of issuing a declaration thereon. When performing its functions under this paragraph, the Committee of Ministers shall meet in its composition restricted to the Contracting States.”.

text: Article 12

text: Article 16

text: of the Convention, and shall read as follows:

text: Article 17

text: the effective use and operation of this Convention including the identification of any problems therein, in close contact with the CDPC;

text: the examination of reservations made in accordance with

text: Article 16

text: and in particular the procedure provided in

text: Article 16

text: , paragraph 8;

text: the exchange of information on significant legal and policy developments pertaining to the fight against terrorism;

text: the examination, at the request of the Committee of Ministers, of measures adopted within the Council of Europe in the field of the fight against terrorism and, where appropriate, the elaboration of proposals for additional measures necessary to improve international co-operation in the area of the fight against terrorism and, where co-operation in criminal matters is concerned, in consultation with the CDPC;

text: the preparation of opinions in the area of the fight against terrorism and the execution of the terms of reference given by the Committee of Ministers.

text: Without prejudice to the application of

text: Article 10

text: , there shall be a Conference of States Parties against Terrorism (hereinafter referred to as the “COSTER”) responsible for ensuring:

text: The COSTER shall be composed of one expert appointed by each of the Contracting States. It will meet once a year on a regular basis, and on an extraordinary basis at the request of the Secretary General of the Council of Europe or of at least one-third of the Contracting States.

text: The COSTER will adopt its own Rules of Procedure. The expenses for the participation of Contracting States which are member States of the Council of Europe shall be borne by the Council of Europe. The Secretariat of the Council of Europe will assist the COSTER in carrying out its functions pursuant to this article.

text: The CDPC shall be kept periodically informed about the work of the COSTER.”.

text: Article 13

text: Article 14

text: of the Convention shall become

text: Article 18

text: Article 14

text: Article 15

text: of the Convention shall be deleted.

text: Article 15

text: Article 16

text: of the Convention shall become

text: Article 19

text: . 2 In the introductory sentence of new

text: Article 19

text: , the terms “member States of the Council” shall be replaced by the terms “Contracting States”. 3 In paragraph b of new

text: Article 19

text: , the terms "or approval" shall be replaced by the terms ", approval or accession”. 4 In paragraph c of new

text: Article 19

text: , the number “11” shall read “14”. 5 In paragraph d of new

text: Article 19

text: , the number “12” shall read “15”. 6 Paragraphs e and f of new

text: Article 19

text: shall be deleted. 7 Paragraph g of new

text: Article 19

text: shall become paragraph e of this article and the number “14” shall read “18”. 8 Paragraph h of new

text: Article 19

text: shall be deleted.

text: Article 16

text: This Protocol shall be open for signature by member States of the Council of Europe signatories 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 Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: Article 17

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

text: Article 17

text: Article 18

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe 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 18

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

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

text: Done at Strasbourg, this 15th day of May 2003, 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 of the signatory States.

text: Article 19


identifier: ETS No. 191

reference: ETS No. 191

title: Additional Protocol to the Criminal Law Convention on Corruption

text: European Treaty Series - No. 191

text: Strasbourg, 15.V.2003

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

text: Considering that it is desirable to supplement the Criminal Law Convention on Corruption (ETS No. 173, hereafter “the Convention”) in order to prevent and fight against corruption;

text: Considering also that the present Protocol will allow the broader implementation of the 1996 Programme of Action against Corruption,

text: Have agreed as follows:

text: Chapter I – Use of terms

type: rubrik

text: For the purpose of this Protocol:

text: The term “arbitrator” shall be understood by reference to the national law of the States Parties to this Protocol, but shall in any case include a person who by virtue of an arbitration agreement is called upon to render a legally binding decision in a dispute submitted to him/her by the parties to the agreement.

text: The term “arbitration agreement” means an agreement recognised by the national law whereby the parties agree to submit a dispute for a decision by an arbitrator.

text: The term “juror” shall be understood by reference to the national law of the States Parties to this Protocol but shall in any case include a lay person acting as a member of a collegial body which has the responsibility of deciding on the guilt of an accused person in the framework of a trial.

text: In the case of proceedings involving a foreign arbitrator or juror, the prosecuting State may apply the definition of arbitrator or juror only in so far as that definition is compatible with its national law.

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 191 – Criminal Law Convention on Corruption (Additional Protocol), 15.V.2003 __________________________________________________________________________________

text: Article 1 – Use of terms

text: Chapter II – Measures to be taken at national level

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the promising, offering or giving by any person, directly or indirectly, of any undue advantage to an arbitrator exercising his/her functions under the national law on arbitration of the Party, for himself or herself or for anyone else, for him or for her to act or refrain from acting in the exercise of his or her functions.

text: Article 2 – Active bribery of domestic arbitrators

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the request or receipt by an arbitrator exercising his/her functions under the national law on arbitration of the Party, directly or indirectly, of any undue advantage for himself or herself or for anyone else, or the acceptance of an offer or promise of such an advantage, to act or refrain from acting in the exercise of his or her functions.

text: Article 3 – Passive bribery of domestic arbitrators

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

text: Articles 2

text: and 3, when involving an arbitrator exercising his/her functions under the national law on arbitration of any other State.

text: Article 4 – Bribery of foreign arbitrators

text: Articles 2

text: and 3, when involving any person acting as a juror within its judicial system.

text: Article 5 – Bribery of domestic jurors

text: Articles 2

text: and 3, when involving any person acting as a juror within the judicial system of any other State.

text: Article 6 – Bribery of foreign jurors

text: Chapter III – Monitoring of implementation and final provisions

text: The Group of States against Corruption (GRECO) shall monitor the implementation of this Protocol by the Parties.

text: Article 7 – Monitoring of implementation

text: As between the States Parties the provisions of

text: Articles 2

text: to 6 of this Protocol shall be regarded as additional articles to the Convention.

text: The provisions of the Convention shall apply to the extent that they are compatible with the provisions of this Protocol.

text: Article 8 – Relationship to the Convention

text: If a Party has made a declaration in accordance with Article 36 of the Convention, it may make a similar declaration relating to

text: Articles 4

text: If a Party has made a reservation in accordance with Article 37, paragraph 1, of the Convention restricting the application of the passive bribery offences defined in

text: Article 5

text: of the Convention, it may make a similar reservation concerning

text: Articles 4

text: and 6 of this Protocol at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession. Any other reservation made by a Party, in accordance with Article 37 of the Convention shall be applicable also to this Protocol, unless that Party otherwise declares at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession.

text: No other reservation may be made.

text: Article 9 – Declarations and reservations

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 States which have signed the Convention. These States 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: This Protocol shall enter into force on the first day of the month following the expiry of a period of three months after the date on which five States have expressed their consent to be bound by the Protocol in accordance with the provisions of paragraphs 1 and 2, and only after the Convention itself has entered into force.

text: In respect of any signatory State 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 expiry 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 paragraphs 1 and 2.

text: A signatory State may not ratify, accept or approve this Protocol without having, simultaneously or previously, expressed its consent to be bound by the Convention.

text: Article 10 – Signature and entry into force

text: Any State or the European Community having acceded to the Convention may accede to this Protocol after it has entered into force.

text: In respect of any State or the European Community acceding to the Protocol, it shall enter into force on the first day of the month following the expiry of a period of three months after the date of the deposit of an instrument of accession with the Secretary General of the Council of Europe.

text: Article 11 – Accession to the Protocol

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

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

text: Article 12 – Territorial application

text: Any Party may, at any time, denounce this Protocol 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 expiry of a period of three months after the date of receipt of the notification by the Secretary General.

text: Denunciation of the Convention automatically entails denunciation of this Protocol.

text: Article 13 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe and any State, or the European Community, having acceded to this Protocol of:

text: any signature of this Protocol; 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 10

text: , 11 and 12; d any declaration or reservation made under

text: Articles 9

text: and 12; 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.

text: Done at Strasbourg, this 15th day of May 2003, 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 of the signatory and acceding Parties.

text: Article 14 – Notification

type: internationell-overenskommelse


doctype: treaty

identifier: ETS No. 192

reference: ETS No. 192

title: Convention on Contact concerning Children

text: European Treaty Series - No. 192

text: Convention on Contact concerning Children

text: Strasbourg, 15.V.2003

text: Preamble

text: The member States of the Council of Europe and the other Signatories hereto,

text: Taking into account the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children of 20 May 1980 (ETS No. 105);

text: Taking into account the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction and the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children;

text: Taking into account the Council Regulation (EC) No. 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses;

text: Recognising that, as provided in the different international legal instruments of the Council of Europe as well as in

text: Article 3

text: of the United Nations

text: Convention on the Rights of the Child

text: of 20 November 1989, the best interests of the child shall be a primary consideration;

text: Aware of the need for further provisions to safeguard contact between children and their parents and other persons having family ties with children, as protected by

text: Article 8

text: of the

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

text: of 4 November 1950 (ETS No. 5);

text: Taking into account

text: Article 9

text: of the United Nations

text: Convention on the Rights of the Child

text: which provides for the right of a child, who is separated from one or both parents, to maintain personal relations and direct contact with both parents on a regular basis, except when this is contrary to the child's best interests;

text: Taking into account paragraph 2 of

text: Article 10

text: of the United Nations

text: Convention on the Rights of the Child

text: , which provides for the right of the child whose parents reside in different States to maintain on a regular basis, save in exceptional circumstances, personal relations and direct contacts with both parents;

text: Aware of the desirability of recognising not only parents but also children as holders of rights;

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 192 – Contact concerning Children, 15.V.2003 __________________________________________________________________________________

text: Agreeing consequently to replace the notion of "access to children" with the notion of "contact concerning children";

text: Taking into account the European Convention on the Exercise of Children’s Rights (ETS No. 160) and the desirability of promoting measures to assist children in matters concerning contact with parents and other persons having family ties with children;

text: Agreeing on the need for children to have contact not only with both parents but also with certain other persons having family ties with children and the importance for parents and those other persons to remain in contact with children, subject to the best interests of the child;

text: Noting the need to promote the adoption by States of common principles with respect to contact concerning children, in particular in order to facilitate the application of international instruments in this field;

text: Realising that machinery set up to give effect to foreign orders relating to contact concerning children is more likely to provide satisfactory results where the principles on which these foreign orders are based are similar to the principles in the State giving effect to such foreign orders;

text: Recognising the need, when children and parents and other persons having family ties with children live in different States, to encourage judicial authorities to make more frequent use of transfrontier contact and to increase the confidence of all persons concerned that the children will be returned at the end of such contact;

text: Noting that the provision of efficient safeguards and additional guarantees is likely to ensure the return of children, in particular, at the end of transfrontier contact;

text: Noting that an additional international instrument is necessary to provide solutions relating in particular to transfrontier contact concerning children;

text: Desiring to establish co-operation between all central authorities and other bodies in order to promote and improve contact between children and their parents, and other persons having family ties with such children, and in particular to promote judicial co-operation in cases concerning transfrontier contact;

text: Have agreed as follows:

text: Chapter I – Objects of the Convention and definitions

text: The objects of this Convention are:

text: to determine general principles to be applied to contact orders;

text: to fix appropriate safeguards and guarantees to ensure the proper exercise of contact and the immediate return of children at the end of the period of contact;

text: to establish co-operation between central authorities, judicial authorities and other bodies in order to promote and improve contact between children and their parents, and other persons having family ties with children.

text: Article 1 – Objects of the Convention

text: For the purposes of this Convention: a "contact" means: i the child staying for a limited period of time with or meeting a person mentioned in

text: Articles 4

text: or 5 with whom he or she is not usually living; ii any form of communication between the child and such person; iii the provision of information to such a person about the child or to the child about such a person. b "contact order" means a decision of a judicial authority concerning contact, including an agreement concerning contact which has been confirmed by a competent judicial authority or which has been formally drawn up or registered as an authentic instrument and is enforceable; c "child" means a person under 18 years of age in respect of whom a contact order may be made or enforced in a State Party; d "family ties" means a close relationship such as between a child and his or her grandparents or siblings, based on law or on a de facto family relationship; e "judicial authority" means a court or an administrative authority having equivalent powers.

text: Article 2 – Definitions

text: Chapter II – General principles to be applied to contact orders

text: States Parties shall adopt such legislative and other measures as may be necessary to ensure that the principles contained in this chapter are applied by judicial authorities when making, amending, suspending or revoking contact orders.

text: Article 3 – Application of principles

text: A child and his or her parents shall have the right to obtain and maintain regular contact with each other. 2 Such contact may be restricted or excluded only where necessary in the best interests of the child. 3 Where it is not in the best interests of a child to maintain unsupervised contact with one of his or her parents the possibility of supervised personal contact or other forms of contact with this parent shall be considered.

text: Article 4 – Contact between a child and his or her parents

text: Subject to his or her best interests, contact may be established between the child and persons other than his or her parents having family ties with the child. 2 States Parties are free to extend this provision to persons other than those mentioned in paragraph 1, and where so extended, States may freely decide what aspects of contact, as defined in

text: Article 2

text: letter a shall apply.

text: Article 5 – Contact between a child and persons other than his or her parents

text: A child considered by internal law as having sufficient understanding shall have the right, unless this would be manifestly contrary to his or her best interests:

text: – to receive all relevant information; – to be consulted; – to express his or her views.

text: Due weight shall be given to those views and to the ascertainable wishes and feelings of the child.

text: Article 6 – The right of a child to be informed, consulted and to express his or her views

text: When resolving disputes concerning contact, the judicial authorities shall take all appropriate measures:

text: to ensure that both parents are informed of the importance for their child and for both of them of establishing and maintaining regular contact with their child;

text: to encourage parents and other persons having family ties with the child to reach amicable agreements with respect to contact, in particular through the use of family mediation and other processes for resolving disputes;

text: before taking a decision, to ensure that they have sufficient information at their disposal, in particular from the holders of parental responsibilities, in order to take a decision in the best interests of the child and, where necessary, obtain further information from other relevant bodies or persons.

text: Article 7 – Resolving disputes concerning contact

text: States Parties shall encourage, by means they consider appropriate, parents and other persons having family ties with the child to comply with the principles laid down in

text: Articles 4

text: to 7 when making or modifying agreements on contact concerning a child. These agreements should preferably be in writing.

text: Upon request, judicial authorities shall, except where internal law otherwise provides, confirm an agreement on contact concerning a child, unless it is contrary to the best interests of the child.

text: Article 8 – Contact agreements

text: States Parties shall take all appropriate measures to ensure that contact orders are carried into effect.

text: Article 9 – The carrying into effect of contact orders

text: Each State Party shall provide for and promote the use of safeguards and guarantees. It shall communicate, through its central authorities, to the Secretary General of the Council of Europe, within three months after the entry into force of this Convention for that State Party, at least three categories of safeguards and guarantees available in its internal law in addition to the safeguards and guarantees referred to in paragraph 3 of

text: Article 4

text: and in letter b of paragraph 1 of

text: Article 14

text: of this Convention. Changes of available safeguards and guarantees shall be communicated as soon as possible.

text: Safeguards and guarantees for ensuring that the order is carried into effect, may in particular include:

text: Safeguards and guarantees for ensuring the return of the child or preventing an improper removal, may in particular include:

text: Where the circumstances of the case so require, judicial authorities may, at any time, make a contact order subject to any safeguards and guarantees both for the purpose of ensuring that the order is carried into effect and that either the child is returned at the end of the period of contact to the place where he or she usually lives or that he or she is not improperly removed.

text: – supervision of contact;

text: – the obligation for a person to provide for the travel and accommodation expenses of the child and, as may be appropriate, of any other person accompanying the child;

text: – a security to be deposited by the person with whom the child is usually living to ensure that the person seeking contact with the child is not prevented from having such contact;

text: – a fine to be imposed on the person with whom the child is usually living, should this person refuse to comply with the contact order.

text: – the surrender of passports or identity documents and, where appropriate, a document indicating that the person seeking contact has notified the competent consular authority about such a surrender during the period of contact;

text: – financial guarantees;

text: – charges on property;

text: – undertakings or stipulations to the court;

text: – the obligation of the person having contact with the child to present himself or herself, with the child regularly before a competent body such as a youth welfare authority or a police station, in the place where contact is to be exercised;

text: – the obligation of the person seeking contact to present a document issued by the State where contact is to take place, certifying the recognition and declaration of enforceability of a custody or a contact order or both either before a contact order is made or before contact takes place;

text: – the imposition of conditions in relation to the place where contact is to be exercised and, where appropriate, the registration, in any national or transfrontier information system, of a prohibition preventing the child from leaving the State where contact is to take place.

text: Any such safeguards and guarantees shall be in writing or evidenced in writing and shall form part of the contact order or the confirmed agreement.

text: If safeguards or guarantees are to be implemented in another State Party, the judicial authority shall preferably order such safeguards or guarantees as are capable of implementation in that State Party.

text: Article 10 – Safeguards and guarantees to be taken concerning contact

text: Chapter III – Measures to promote and improve transfrontier contact

text: Each State Party shall appoint a central authority to carry out the functions provided for by this Convention in cases of transfrontier contact.

text: Federal States, States with more than one system of law or States having autonomous territorial units shall be free to appoint more than one central authority and to specify the territorial or personal extent of their functions. Where a State has appointed more than one central authority, it shall designate the central authority to which any communication may be addressed for transmission to the appropriate central authority within that State.

text: The Secretary General of the Council of Europe shall be notified of any appointment under this article.

text: Article 11 – Central authorities

text: The central authorities of States Parties shall:

text: co-operate with each other and promote co-operation between the competent authorities, including judicial authorities, in their respective countries to achieve the purposes of the Convention. They shall act with all necessary despatch;

text: with a view to facilitating the operation of this Convention, provide each other on request with information concerning their laws relating to parental responsibilities, including contact and any more detailed information concerning safeguards and guarantees in addition to that already provided according to paragraph 1 of

text: Article 10

text: , and their available services (including legal services, publicly funded or otherwise) as well as information concerning any changes in these laws and services;

text: take all appropriate steps in order to discover the whereabouts of the child;

text: secure the transmission of requests for information coming from the competent authorities and relating to legal or factual matters concerning pending proceedings;

text: keep each other informed of any difficulties likely to arise in applying the Convention and, as far as possible, eliminate obstacles to its application.

text: Article 12 – Duties of the central authorities

text: The judicial authorities, the central authorities and the social and other bodies of States Parties concerned, acting within their respective competence, shall co-operate in relation to proceedings regarding transfrontier contact.

text: In particular, the central authorities shall assist the judicial authorities of States Parties in communicating with each other and obtaining such information and assistance as may be necessary for them to achieve the objects of this Convention.

text: In transfrontier cases, the central authorities shall assist children, parents and other persons having family ties with the child, in particular, to institute proceedings regarding transfrontier contact.

text: Article 13 – International co-operation

text: a system for the recognition and enforcement of orders made in other States Parties concerning contact and rights of custody;

text: a procedure whereby orders relating to contact and rights of custody made in other States Parties may be recognised and declared enforceable in advance of contact being exercised within the State addressed.

text: States Parties shall provide, including where applicable in accordance with relevant international instruments:

text: If a State Party makes recognition or enforcement or both of a foreign order conditional on the existence of a treaty or reciprocity, it may consider this Convention as such a legal basis for recognition or enforcement or both of a foreign contact order.

text: Article 14 – Recognition and enforcement of transfrontier contact orders

text: The judicial authority of the State Party in which a transfrontier contact order made in another State Party is to be implemented may, when recognising or declaring enforceable such a contact order, or at any later time, fix or adapt the conditions for its implementation, as well as any safeguards or guarantees attaching to it, if necessary for facilitating the exercise of this contact, provided that the essential elements of the order are respected and taking into account, in particular, a change of circumstances and the arrangements made by the persons concerned. In no circumstances may the foreign decision be reviewed as to its substance.

text: Article 15 – Conditions for implementing transfrontier contact orders

text: Where a child at the end of a period of transfrontier contact based on a contact order is not returned, the competent authorities shall, upon request, ensure the child’s immediate return, where applicable, by applying the relevant provisions of international instruments, of internal law and by implementing, where appropriate, such safeguards and guarantees as may be provided in the contact order.

text: A decision on the return of the child shall be made, whenever possible, within six weeks of the date of an application for the return.

text: Article 16 – Return of a child

text: With the exception of the cost of repatriation, each State Party undertakes not to claim any payment from an applicant in respect of any measures taken under this Convention by the central authority itself of that State on the applicant's behalf.

text: Article 17 – Costs

text: communications to the central authority of the State addressed shall be made in the official language or in one of the official languages of that State or be accompanied by a translation into that language;

text: the central authority of the State addressed shall nevertheless accept communications made in English or in French, or accompanied by a translation into one of these languages.

text: Subject to any special agreements made between the central authorities concerned:

text: Communications coming from the central authority of the State addressed, including the results of enquiries carried out, may be made in the official language or one of the official languages of that State or in English or French.

text: However, a State Party may, by making a declaration addressed to the Secretary General of the Council of Europe, object to the use of either French or English under paragraphs 1 and 2 of this article, in any application, communication or other documents sent to their central authorities.

text: Article 18 – Language requirement

text: Chapter IV – Relationship with other instruments

text: Paragraphs 2 and 3 of

text: Article 11

text: of the European Convention of 20 May 1980 (ETS N° 105) on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children shall not be applied in relations between States Parties which are also States Parties of the present Convention.

text: Article 19 – Relationship with the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children

text: the Hague Convention of 5 October 1961 on the competence of authorities and the applicable law concerning the protection of minors,

text: the European Convention on the recognition and enforcement of decisions concerning custody of children and on restoration of custody of children of 20 May 1980, subject to

text: Article 19

text: above,

text: the Hague Convention of 25 October 1980 on the civil aspects of international child abduction,

text: the Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children.

text: This Convention shall not affect any international instrument to which States Parties to the present Convention are Parties or shall become Parties and which contains provisions on matters governed by this Convention. In particular, this Convention shall not prejudice the application of the following legal instruments:

text: Nothing in this Convention shall prevent Parties from concluding international agreements completing or developing the provisions of this Convention or extending their field of application.

text: In their mutual relations, States Parties which are members of the European Community shall apply Community rules and shall therefore not apply the rules arising from this Convention, except in so far as there is no Community rule governing the particular subject concerned.

text: Article 20 – Relationships with other instruments

text: Chapter V – Amendments to the Convention

text: Any proposal for an amendment to this Convention presented by a Party shall be communicated to the Secretary General of the Council of Europe and forwarded by him or her to the member States of the Council of Europe, any signatory, any State Party, the European Community, to any State invited to sign this Convention in accordance with the provisions of

text: Article 22

text: and to any State invited to accede to this Convention in accordance with the provisions of

text: Article 23

text: Any amendment proposed by a Party shall be communicated to the European Committee on Legal Co-operation (CDCJ), which shall submit to the Committee of Ministers its opinion on that proposed amendment.

text: The Committee of Ministers shall consider the proposed amendment and the opinion submitted by the CDCJ and, following consultation of the Parties to the Convention, which are not members of the Council of Europe, 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 21 – Amendments

text: Chapter VI – Final clauses

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

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 three States, including at least two 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 mentioned in paragraph 1 or the European Community, 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 its instrument of ratification, acceptance or approval.

text: Article 22 – Signature and entry into force

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation of the Parties, invite any non-member State of the Council of Europe, which has not participated in the elaboration of the Convention, to accede to this Convention by a decision taken by the majority provided for in

text: Article 20

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

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

text: Article 23 – Accession to the Convention

text: Any State or the European Community 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 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. 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 24 – Territorial application

text: No reservation may be made in respect of any provision of this Convention.

text: Article 25 – Reservations

text: Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

text: Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

text: Article 26 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any State signatory, any State Party, the European Community, to any State invited to sign this Convention in accordance with the provisions of

text: Article 22

text: Article 23

text: of:

text: any signature;

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

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

text: Articles 22

text: and 23;

text: any amendment adopted in accordance with

text: Article 21

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

text: any declaration made under the provisions of

text: Article 18

text: any denunciation made in pursuance of the provisions of

text: Article 26

text: any other act, notification or communication, in particular relating to

text: Articles 10

text: and 11 of this Convention.

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

text: Done at Strasbourg, this 15th day of May 2003, 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, to the European Community and to any State invited to accede to this Convention.

text: Article 27 – Notifications