doctype: protocol

identifier: ETS No. 036

reference: ETS No. 036

title: Fourth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe

text: European Treaty Series - No. 36

text: Council of Europe

text: Paris, 16.XII.1961

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

text: Considering that, under the terms of

text: Article 59

text: of the

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

text: , signed at Rome on 4th November 1950 (hereinafter referred to as "the Convention"), the members of the European Court of Human Rights (hereinafter referred to as "the Court") are entitled, during the discharge of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the Agreements made thereunder;

text: Considering that it is necessary to specify and define the said privileges and immunities in a Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, signed at Paris on 2nd September 1949,

text: Have agreed as follows:

text: For the purposes of this Protocol, the term "judges", means judges elected in accordance with Article 39 of the Convention as well as any ad hoc judge appointed by a State party concerned in pursuance of Article 43 of the Convention.

text: Article 1

text: The judges shall, while exercising their functions and during journeys made in the exercise of their functions, enjoy the following privileges and immunities:

text: immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them in their official capacity, immunity from legal process of every kind;

text: exemption in respect of themselves and their spouses as regards any restrictions on their freedom of movement on exit from and return to their country of residence, and entry into and exit from the country in which they exercise their functions; and from aliens' registration in the country which they are visiting or through which they are passing in the exercise of their functions.

text: _____ (*) The Fourth Protocol contains provisions in respect of the "old" European Court of Human Rights. Since the entry into force of Protocol No. 11 to the

text: , restructuring the control machinery established thereby (ETS No. 155), on 1 November 1998, it is no longer necessary to sign or ratify this Protocol.

text: ETS 36 – Privileges and Immunities (Fourth Protocol), 16.XII.1961 __________________________________________________________________________________

text: Article 2

text: In the course of journeys undertaken in the exercise of their functions, the judges shall, in the matter of customs and exchange control, be accorded:

text: by their own government the same facilities as those accorded to senior government officials travelling abroad on temporary official duty;

text: by the governments of other members, the same facilities as those accorded to heads of diplomatic missions.

text: Article 3

text: Documents and papers of the Court, judges and Registry, in so far as they relate to the business of the Court, shall be inviolable.

text: The official correspondence and other official communications of the Court, its members and the Registry may not be held up or subjected to censorship.

text: Article 4

text: In order to secure for the judges complete freedom of speech and complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer engaged in the discharge of such duties.

text: Article 5

text: Privileges and immunities are accorded to judges not for the personal benefit of the individuals themselves but in order to safeguard the independent exercise of their functions. The Court alone, sitting in plenary session, shall be competent to waive the immunity of judges; it has not only the right, but is under a duty, to waive the immunity of a judge in any case where, in its opinion, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded.

text: Article 6

text: The provisions of

text: Articles 2

text: to 5 of this Protocol shall apply to the Registrar of the Court and to the Deputy Registrar when he is acting as the Registrar, without prejudice to any privileges and immunities to which they may be entitled under Article 18 of the General Agreement on Privileges and Immunities of the Council of Europe.

text: The provisions of Article 18 of the General Agreement on Privileges and Immunities of the Council of Europe shall apply to the Deputy Registrar of the Court in respect of his services as such when he is not acting as Registrar.

text: The privileges and immunities referred to in paragraphs 1 and 2 of this article are accorded to the Registrar and Deputy Registrar, not for the personal benefit of the individuals themselves but to facilitate the discharge of their duties. The Court alone, sitting in plenary session, shall be competent to waive the immunity of its Registrar and Deputy Registrar; it has not only the right, but is under a duty, to waive such immunity in any case where, in its opinion, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded.

text: Article 7

text: Any State may, at the time of its signature without reservation in respect of ratification, of its ratification or at any time thereafter, declare, by notification addressed to the Secretary General of the Council of Europe, that the present Protocol shall extend to all or any of the territories for whose international relations it is responsible and where, according to

text: Article 63

text: of the

text: , the said Convention applies.

text: The Protocol shall extend to the territory or territories named in the notification as from the thirtieth day after the receipt of this notification by the Secretary General of the Council of Europe.

text: Article 8

text: This Protocol shall be open to the signature of the members of the Council of Europe who may become parties to it either by:

text: signature without reservation in respect of ratification, or by

text: signature with reservation in respect of ratification followed by ratification.

text: Instruments of ratification shall be deposited with the Secretary General of the Council of Europe.

text: Article 9

text: This Protocol shall enter into force as soon as three members of the Council of Europe shall, in accordance with

text: Article 9

text: , have signed it without reservation in respect of ratification or shall have ratified it.

text: As regards any member subsequently signing it without reservation in respect of ratification, or ratifying it, this Protocol shall enter into force at the date of signature or deposit of the instrument of ratification.

text: Article 10

text: The Secretary General of the Council of Europe shall notify members of the Council of:

text: the names of signatories and the deposit of any instrument of ratification;

text: the date of entry into force of this Protocol.

text: In witness whereof the undersigned, being duly authorised to that effect, have signed the present Protocol.

text: Done at Paris, this 16th day of December 1961, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall send certified copies to each of the signatory governments.

text: Article 11


doctype: treaty

identifier: ETS No. 037

openingPlace: Paris

publisher: Council of Europe Treaty Office

reference: ETS No. 037

title: European Agreement on Travel by Young Persons on Collective Passports between the Member Countries of the Council of Europe

text: European Treaty Series - No. 37

type: stycke

text: Paris, 16.XII.1961

text: The signatory governments of the member States of the Council of Europe, Desirous of increasing facilities for travel by young persons between their countries, Have agreed upon the following articles:

text: Each Contracting Party agrees to admit upon its territory parties of young persons from the territory of any other Contracting Party, on a collective travel document satisfying the conditions specified in this Agreement.

text: Article 1

type: artikel

text: Every person included in a collective passport for young persons shall be a national of the country which issued such travel document.

text: Article 2

text: Young persons up to their 21st birthday shall be eligible for inclusion in a collective document issued under the present Agreement.

text: Article 3

text: A leader, at least 21 years of age, travelling on a valid individual passport and appointed in accordance with such regulations as may be in force in the territory of the Contracting Party which issued the collective travel document, shall: – retain possession of the collective travel document; – remain in company with the party; – be responsible for complying with formalities at the frontiers; – ensure that the members of the party remain together.

text: Article 4

text: The number of persons who may be included in a collective travel document for young persons shall be not less than five, and not more than fifty, excluding the leader.

text: Article 5

text: All the persons included in a collective document shall remain together.

text: ETS 37 – Collective Passports Young Persons, 16.XII.1961 __________________________________________________________________________________

text: Article 6

text: If, contrary to the provisions of

text: Article 6

text: , a member of the party travelling on a collective travel document for young persons becomes separated from the party or does not, for any reason, return with the rest of the party to the country which issued the document, the leader of the party shall immediately inform the local authorities and, if possible, the diplomatic or consular representative of the said country. He shall, in any case, report the fact to the frontier authorities at the place of departure from the country. The member not leaving the country with his party shall, if required, obtain an individual travel document from the representative of his own country.

text: Article 7

text: The period of stay for parties travelling on a collective travel document for young persons shall not exceed three months.

text: Article 8

text: The collective travel document for young persons shall be in the form appended hereto and shall include in every case the following particulars: a date, place and authority who issued the document; b description of the party; c country (or countries) of destination; d period of validity; e surname, first names and passport number of the leader; f surname (in alphabetical order), first names, date and place of birth and place of residence of each member of the party.

text: Article 9

text: The normal passport-issuing authorities shall issue the collective travel document in accordance with the conditions laid down in

text: Article 9

text: and shall certify that all the persons included in it are nationals of the country which issued the document, as provided in

text: Article 2

text: . Any amendments or additions to a collective travel document shall be made by the authority which issued it.

text: Article 10

text: Every collective travel document shall in principle be issued in original only. Each Contracting Party may, by a declaration addressed to the Secretary General of the Council of Europe, when signing this Agreement or depositing its instrument of ratification or approval or accession, state how many additional copies it may require.

text: Article 11

text: Members of a party travelling on a collective passport shall be exempt from presenting a national identity card.

text: They must, however, be able to prove their identity in some way, if required to do so.

text: Each Contracting Party may, by a declaration addressed to the Secretary General of the Council of Europe, when signing this Agreement or depositing its instrument of ratification or approval or accession, specify the way in which members of a party must prove their identity.

text: Article 12

text: Each Contracting Party may, by a declaration addressed to the Secretary General of the Council of Europe, when signing this Agreement or depositing its instrument of ratification or approval or accession, extend, for the purpose of admission to and stay in its territory and subject to reciprocity, the provisions of this Agreement to young refugees and young stateless persons lawfully resident in the territory of another Contracting Party and whose return thereto is guaranteed. This declaration may be withdrawn at any time by notification addressed to the Secretary General of the Council of Europe.

text: Article 13

text: The present Agreement shall be open to the signature of members of the Council of Europe, who may become Parties to it either by:

ordinal: a

text: signature without reservation in respect of ratification or approval, or

type: punkt

ordinal: b

text: signature with reservation in respect of ratification or approval followed by ratification or approval.

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

text: Article 14

text: The present Agreement shall enter into force one month after the date on which three members of the Council shall, in accordance with

text: Article 14

text: , have signed the Agreement without reservation in respect of ratification or approval or shall have ratified or approved it.

text: In the case of any member of the Council who shall subsequently sign the Agreement without reservation in respect of ratification or approval, or who shall ratify or approve it, the Agreement shall enter into force one month after the date of such signature or the date of deposit of the instrument of ratification or approval.

text: Article 15

text: After the entry into force of this Agreement, the Committee of Ministers of the Council of Europe may invite any non-member State to accede to the present Agreement. Such accession shall take effect one month after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

text: Article 16

text: The Secretary General of the Council of Europe shall notify members of the Council and acceding States:

text: of the date of entry into force of this Agreement and of the names of any members who have signed without reservation in respect of ratification or approval or who have ratified or approved it; b of the deposit of any instrument of accession in accordance with

text: Article 16

text: ; c of any declaration or notification received in accordance with the provisions of

text: Articles 11

text: , 12 and 13; d of any notification received in accordance with

text: Article 18

text: and its effective date.

text: Article 17

text: The present Agreement shall remain in force indefinitely. Any Contracting Party may terminate its own application of the Agreement by giving six months' notice to that effect to the Secretary General of the Council of Europe. In witness whereof the undersigned, duly authorised thereto by their respective governments, have signed the present Agreement. Done at Paris, this 16th day of December 1961, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory and acceding governments.

text: MODEL COLLECTIVE TRAVEL DOCUMENT

text: (provided for in

text: Article 9

text: of the Agreement) ____________

text: COUNCIL OF EUROPE COLLECTIVE PASSPORT FOR YOUNG PEOPLE

text: Issued in pursuance of the European Agreement

text: on Travel by Young Persons on Collective Passports, opened for signature by member countries of the Council of Europe

text: on 16 December 1961

text: Country of issue ……………………………………………………………………………………………… Issuing authority ………………………………………………………………………………………………

text: nationals of ………………………… (country) …………………………….. travelling to ………………. …………………………………………… (country or countries) ………………………………………….. through ………………………………………………………………………………………………………… Period of validity ……………………………………………………………………………………………… Leader of party: Surname ………………………………………………………………………………... First names ………………………………………………………………………………. Passport No. …………………….. (date and place of issue) ………………………..

text: List of members of the party (in alphabetical order)

text: Surname First names Place and Place of residence date of birth 1. 2. 3.

text: The leader of the party which is travelling on the present collective passport has been fully apprised of his responsibilities under the European Agreement on Travel by Young Persons. Issued on …………………… at………………………………… (signature and stamp of issuing authority)

text: Article 18

type: internationell-overenskommelse


identifier: ETS No. 038

openingPlace: Strasbourg

reference: ETS No. 038

title: European Agreement on Mutual Assistance in the matter of Special Medical Treatments and Climatic Facilities

text: European Treaty Series - No. 38

text: Strasbourg, 14.V.1962

text: The signatory governments of the member States of the Council of Europe, Considering that the aim of the Council is to achieve greater unity among its members and that this aim may also be achieved by the adoption of measures for mutual assistance in medical matters; Desirous of making available to persons who, though affiliated to a medical benefit scheme, are unable to obtain appropriate treatment in their country of residence, the special treatments and climatic facilities existing in other countries; Considering that such mutual assistance will help to strengthen European consciousness and solidarity, Have agreed as follows:

text: The provisions of this Agreement shall apply to persons residing in the territory of one of the Contracting Parties who are eligible for compulsory or optional medical benefits: a under social security schemes, whether general or special, contributory or noncontributory, including special schemes for civil servants or persons treated as such and schemes relating to employer's obligations in regard to medical benefits; or b under social and medical assistance schemes; or c under schemes of benefits for victims of war or its consequences.

text: Article 1

text: Each Contracting Party shall endeavour to have admitted to medical establishments or spas in its territory which can provide appropriate medical treatment any persons referred to in

text: Article 1

text: , for the medical treatment required which they need but which is not available in the territory of the Contracting Party where they reside, in accordance with a certificate issued by the doctor designated by the institution to which the patient is affiliated.

text: Article 2

text: Each Contracting Party shall determine the competent authority or authorities responsible for implementing in its own territory the provisions of this Agreement.

text: ETS 38 – Mutual Assistance Medical Treatments, 14.V.1962 __________________________________________________________________________________

text: Each competent authority may, where necessary, conclude with the competent authority or authorities of one or more of the other Contracting Parties administrative arrangements governing the implementation of this Agreement.

text: Each Contracting Party shall notify the Secretary General of the Council of Europe of the name and address of its appointed competent authority or authorities; the Secretary General shall communicate this information to the other members of the Council of Europe and to the government of any State acceding to this Agreement.

text: Article 3

text: Each competent authority may, for the purpose of implementing the provisions of this Agreement, appoint one or more bodies to work in conjunction with the body or bodies appointed by the competent authorities of the other Contracting Parties.

text: The liaison authorities of two or more Contracting Parties may co-operate in drawing up standard forms for the completion of the formalities necessary for implementing the provisions of this Agreement.

text: Each competent authority shall communicate to the competent authorities of the other Contracting Parties the name and address of the liaison authority or authorities appointed under the terms of paragraph 1 of this article.

text: Should the competent authority or authorities of one of the Contracting Parties not appoint the liaison authority referred to in paragraph 1 of this article, the functions assigned to liaison authorities in paragraph 2 of

text: Article 4

text: and

text: Articles 5

text: to 7 of this Agreement shall be assumed by the said competent authority or authorities.

text: Article 4

text: Applications for admission for the medical treatment referred to in

text: Article 2

text: shall be submitted by the liaison authority to which the person referred to in

text: Article 1

text: is subject. In each case, this authority shall have powers of verification and appraisal. Admission of the applicant is subject to the agreement of the liaison authority of the country where treatment is to be given. This liaison authority shall, at the request of the liaison authority to which the person is subject, supply the necessary information on the probable total of the expenses referred to in

text: Article 6

text: , paragraph 2, second sub-paragraph. Each case may form the subject of special regulations laid down by agreement between the liaison authorities.

text: Article 5

text: All expenses arising out of the medical treatment referred to in

text: Article 2

text: , including travelling expenses and, provided that the institution to which the beneficiary is affiliated gives its approval or in cases of urgency, expenses incurred as a result of illness, accident or arising from any other need for medical care during such treatment or the journey made for this purpose, shall be paid or refunded by that institution according to the rules laid down in the following paragraphs of this article.

text: That institution shall refund travelling expenses directly to the beneficiary so far as the rules of that institution permit.

text: It shall pay in full other expenses, through the liaison authorities concerned, to the medical establishments, spas and doctors providing the medical treatment or to any establishment or person entitled to payment for medical care.

text: The liaison authorities of two or more Contracting Parties may, by negotiation, lay down methods of assessing the amounts to be paid in accordance with the second sub-paragraph of paragraph 2 above. For this purpose no account can be taken of charges higher than those applicable to persons affiliated to the institution competent for the place of treatment and corresponding to the institution to which the person in question is affiliated; the liaison authorities concerned may, however, jointly agree to waive this rule in special cases.

text: The institution to which the beneficiary is affiliated shall, if the need arises, be reimbursed by the latter in respect of that part of the expenses which, according to the national legislation applied by that institution, has to be borne by the beneficiary.

text: The benefits to which a person referred to in

text: Article 1

text: is entitled for himself or members of his family under the law of the Contracting Party where he resides shall continue to be granted. Cash benefits to which the person himself is entitled may be paid to him through the liaison authorities in the manner jointly agreed upon by the latter.

text: Article 6

text: The provisions of this Agreement shall not prejudice the provisions of municipal law, bilateral or multilateral treaties, conventions or agreements, or the regulations of the European Economic Community which are already in force or may come into force, under which more favourable treatment would be accorded to the persons referred to in

text: Article 1

text: Article 8

text: Each Contracting Party may, on signing this Agreement or on depositing its instrument of ratification or approval or accession, declare that it excludes from the benefits of this Agreement persons resident in its territory who are eligible for the medical benefits referred to in

text: Article 1

text: Article 9

text: This Agreement shall be open to the signature of members of the Council of Europe, who may become Parties to it by:

text: signature without reservation in respect of ratification or approval, or

text: signature with reservation in respect of ratification or approval, followed by ratification or approval.

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

text: Article 10

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

text: Article 10

text: In the case of any member of the Council who subsequently shall sign the Agreement without reservation in respect of ratification or approval or who shall ratify or approve it, the Agreement shall enter into force one month after the date of such signature or the date of deposit of the instrument of ratification or approval.

text: Article 11

text: After this Agreement has entered into force, the Committee of Ministers of the Council of Europe may invite any non-member State of the Council to accede to it. Such accession shall take effect one month after the date on which the instrument of accession was deposited with the Secretary General of the Council of Europe.

text: Article 12

text: The Secretary General of the Council of Europe shall notify members of the Council and the governments of acceding States: a of the date of entry into force of this Agreement and the names of members who have signed without reservation in respect of ratification or approval or who have ratified or approved it; b of the deposit of any instrument of accession in accordance with

text: Article 12

text: ; c of any declaration received in accordance with

text: Article 9

text: ; d of any notification received in accordance with

text: Article 14

text: and of its effective date.

text: Article 13

text: This Agreement shall remain in force indefinitely. Any Contracting Party may terminate its own application of the agreement by giving one year's notice to that effect to the Secretary General of the Council of Europe.

text: In witness whereof the undersigned, duly authorised thereto by their respective governments, have signed the present Agreement. Done at Strasbourg, this 14th day of May 1962, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory and acceding governments.

text: Article 14


identifier: ETS No. 039

reference: ETS No. 039

text: European Treaty Series - No. 39

text: Strasbourg, 14.V.1962

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

text: Considering that blood-grouping reagents are not available in unlimited quantities;

text: Considering that it is most desirable that member countries, in a spirit of European solidarity, should assist one another in the supply of these blood-grouping reagents, should the need arise;

text: Considering that such mutual assistance is only possible if the character and use of such blood-grouping reagents are subject to rules laid down jointly by the member countries and if the necessary import facilities and exemptions are granted,

text: Have agreed as follows:

text: For the purposes of this Agreement, the expression "blood-grouping reagents" refers to reagents of human, animal and plant and other origin, used for blood-grouping and for the detection of blood incompatibilities.

text: Any Contracting Party may, by a declaration addressed to the Secretary General of the Council of Europe, when signing this Agreement or depositing its instrument of ratification or approval, or accession, limit the application of this Agreement to blood-grouping reagents of human origin. This declaration may be withdrawn at any time, by notification addressed to the Secretary General of the Council of Europe.

text: Article 1

text: The Contracting Parties undertake, provided that they have sufficient stocks for their own needs, to make blood-grouping reagents available to other Parties who are in urgent need of them and to charge only those costs of collection, processing and carriage of such substances and the cost (if any) of their purchase.

text: _____ (*) Text amended pursuant to the provisions of the Additional Protocol to the European Agreement on the Exchanges of Blood-Grouping Reagents (ETS No. 111) as from its entry into force, on 1 January 1985. 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 39 – Exchanges of Blood-Grouping Reagents, 14.V.1962 __________________________________________________________________________________

text: Article 2

text: Blood-grouping reagents shall be made available to the other Contracting Parties subject to the condition that no profit is made on them, that they shall be used solely for medical purposes and shall be delivered only to bodies designated by the governments concerned.

text: Article 3

text: The Contracting Parties shall certify that the provisions as laid down in the Protocol to this Agreement have been observed. They shall also comply with any rules to which they have subscribed with regard to international standardisation in this field. All consignments of blood-grouping reagents shall be accompanied by a certificate to the effect that they were prepared in accordance with the specifications in the Protocol. This certificate shall be based on the model to be found in the Annex to the Protocol. The Protocol and its Annex constitute an administrative arrangement and may be amended or supplemented by the governments of the Parties to this Agreement.

text: Article 4

text: The Contracting Parties shall take all necessary measures to exempt from all import duties the blood-grouping reagents placed at their disposal by the other Parties. They shall also take all necessary measures to provide for the speedy delivery of these substances, by the most direct route, to the consignees referred to in

text: Article 3

text: of this Agreement.

text: Article 5

text: The Contracting Parties shall forward to one another, through the Secretary General of the Council of Europe, a list of the bodies empowered to issue certificates as provided in

text: Article 4

text: of this Agreement. They shall also forward a list of bodies empowered to distribute imported blood-grouping reagents. Wherever possible these bodies should be the same as those referred to in

text: Article 6

text: of the European Agreement on the Exchange of Therapeutic Substances of Human Origin.

text: Article 6

text: The present Agreement shall be open to the signature of Members of the Council of Europe, who may become Parties to it either by: a signature without reservation in respect of ratification or approval, or b signature with reservation in respect of ratification or approval, followed by ratification or approval.

text: _____ (1) Text amended pursuant to the provisions of the Additional Protocol to the Agreement (ETS No. 111).

text: Instruments of ratification or approval shall be deposited with the Secretary General of the Council of Europe. The European Economic Community may become a Contracting Party to the Agreement by signing it. In respect of the Community, the Agreement shall enter into force on the first day of the month following such signature.

text: Article 7

text: The present Agreement shall enter into force one month after the date on which three Members of the Council shall, in accordance with

text: Article 7

text: , have signed the Agreement without reservation in respect of ratification or approval or shall have ratified or approved it. In the case of any Member of the Council who shall subsequently sign the Agreement without reservation in respect of ratification or approval or who shall ratify or approve it, the Agreement shall enter into force one month after the date of such signature or the date of deposit of the instrument of ratification or approval.

text: Article 8

text: After the entry into force of this Agreement, the Committee of Ministers of the Council of Europe may invite any non-member State to accede to the present Agreement. Such accession shall take effect one month after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

text: Article 9

text: The Secretary General of the Council of Europe shall notify Members of the Council and acceding States: a of the date of entry into force of this Agreement and of the names of any Members who have signed without reservation in respect of ratification or approval or who have ratified or approved it; b of the deposit of any instrument of accession in accordance with

text: Article 9

text: ; c of any declaration or notification received in accordance with the provisions of

text: Article 1

text: , paragraph 2; d of any notification received in accordance with

text: Article 11

text: and its effective date; e of any amendment of the Protocol and of its Annex under

text: Article 4

text: , paragraph 4.

text: Article 10

text: The present Agreement shall remain in force indefinitely. Any Contracting Party may terminate its own application of the Agreement by giving one year's notice to that effect to the Secretary General of the Council of Europe.

text: In witness whereof the undersigned, duly authorised thereto by their respective Governments, have signed the present Agreement.

text: Done at Strasbourg, this 14th day of May 1962, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory and acceding governments.

text: Article 11


identifier: ETS No. 040

reference: ETS No. 040

title: Agreement between the Member States of the Council of Europe on the issue to Military and Civilian War-Disabled of an International Book of Vouchers for the repair of Prosthetic and Orthopaedic Appliances

text: European Treaty Series - No. 40

text: Paris, 17.XII.1962

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

text: Considering that the improvement of prosthetic and orthopaedic facilities is an important aspect of social progress in the member States, which according to the Preamble and

text: Article 1

text: of the Statute of the Council of Europe is one of the major aims of the Council;

text: Having regard to the principle of equality as between nationals of different member States in the social and medical field, which has already led to the preparation of the Interim Agreements on Social Security, the European Convention on Social and Medical Assistance as well as the Agreement on the Exchange of War Cripples for purposes of Medical Treatment;

text: Being desirous of making available to any war-disabled person who is within the purview of the competent organisations of the member States means of securing free of charge the repair of prosthetic or orthopaedic appliances,

text: Have agreed as follows:

text: There shall be instituted an international book of vouchers for the repair of prosthetic and orthopaedic appliances, which will be issued solely to military and civilian war-disabled.

text: The book will be issued and used according to the conditions laid down in the Regulations appended to this Agreement.

text: Article 1

text: Each Contracting Party undertakes to make the book valid throughout its territory, in respect of both official bodies and private concerns with which it has agreements.

text: Article 2

text: The Regulations appended to this Agreement constitute an administrative arrangement and may at any time be amended or supplemented by the governments of the Parties to this Agreement.

text: ETS 40 – War-Disabled (Repair of Appliances), 17.XII.1962 __________________________________________________________________________________

text: Article 3

text: signature without reservation in respect of ratification or acceptance, or

text: signature with reservation in respect of ratification or acceptance, followed by ratification or acceptance.

text: This Agreement shall be open to signature by the member States of the Council of Europe, who may become Parties to it either by:

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

text: Article 4

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

text: Article 4

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

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

text: Article 5

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

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

text: Article 6

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

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

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

text: Article 8

text: of this Agreement.

text: Article 7

text: This Agreement shall remain in force indefinitely.

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

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

text: Article 8

text: The Secretary General of the Council of Europe shall notify the member States of the Council and the government of any State which has acceded to this Agreement of: a any signature without reservation in respect of ratification or acceptance; b any signature with reservation in respect of ratification or acceptance; c the deposit of any instrument of ratification, acceptance or accession; d any date of entry into force; e any amendment to the Regulations made in accordance with

text: Article 3

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

text: Article 7

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

text: Article 8

text: and the date on which denunciation takes effect.

text: In witness whereof, the undersigned, being duly authorised thereto, have signed this Convention. Done at Paris, this 17th day of December 1962, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory and acceding governments.

text: Article 9


identifier: ETS No. 041

reference: ETS No. 041

title: Convention on the Liability of Hotel-keepers concerning the Property of their Guests

text: European Treaty Series - No. 41

text: Paris, 17.XII.1962

text: The signatory governments of the member States of the Council of Europe, Considering that the aim of the Council of Europe is to achieve closer unity between its members, inter alia by the adoption of common rules in legal matters; Believing it expedient to harmonise certain rules relating to the liability of hotel-keepers concerning the property of their guests, Have agreed as follows:

text: Each Contracting Party undertakes that, within twelve months of the date of entry into force of the present Convention in respect of that Party, its national law shall conform with the rules on the liability of hotel-keepers concerning the property of their guests set out in the annex to this Convention. 2 Each Contracting Party shall nevertheless remain free to impose greater liabilities on hotelkeepers. 3 Each Contracting Party shall transmit to the Secretary General of the Council of Europe the official text of any legislation concerning the matters governed by the Convention. The Secretary General shall transmit copies of the texts to other Parties.

text: Article 1

text: Each Contracting Party retains the option: a notwithstanding the provisions of paragraph 3 of

text: Article 1

text: of the annex, to limit the liability of the hotel-keeper to at least 100 times the daily charge for the room; b notwithstanding the provisions of paragraph 3 of

text: Article 1

text: of the annex, to limit the liability in respect of any one article to an amount which is not less than the equivalent of 1 500 gold francs or, where the preceding paragraph of this article applies, to a minimum of 50 times the daily charge for the room; c to adopt the rule laid down in paragraph 2 of

text: Article 1

text: of the annex only in respect of property which is at the hotel;

text: ETS 41 – Liability of Hotel-keepers, 17.XII.1962 __________________________________________________________________________________

ordinal: d

text: notwithstanding the provisions of

text: Article 6

text: of the annex, to permit hotel-keepers to reduce their liability, in cases to which paragraph 1.a of

text: Article 2

text: or

text: Article 4

text: of the annex apply, not being cases where intent or fault tantamount to intent is involved, by an agreement with the guest signed by him and containing no other terms; the liability of the hotelkeeper may not, however, be reduced to an amount which is less than that provided in the relevant legislation enacted in pursuance of this Convention;

ordinal: e

text: notwithstanding the provisions of

text: Article 7

text: of the annex, to apply the rules in the annex to vehicles, property left with them and live animals, or to regulate the hotel-keeper's liability in this respect in any other way.

text: Article 2

text: This Convention shall apply to the metropolitan territories of the Contracting Parties.

text: Any Contracting Party may, when signing this Convention or when depositing its instrument of ratification, acceptance or accession, or at any later date, declare by notification addressed to the Secretary General of the Council of Europe, that this Convention shall apply to the territory or territories, mentioned in the said declaration, for whose international relations it is responsible or for which it is empowered to legislate.

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

text: Article 6

text: of this Convention.

text: Article 3

text: This Convention is open to signature by the members of the Council of Europe. It shall be ratified or accepted. The instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

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

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

text: Article 4

text: The Committee of Ministers of the Council of Europe may invite any State not a member of the Council to accede to this Convention.

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

text: Article 5

text: A Contracting Party may not denounce this Convention within less than five years from the date on which the Convention entered into force in respect of that Party. Such denunciation shall be effected by notification addressed to the Secretary General of the Council of Europe.

text: The denunciation shall take effect for the Contracting Party concerned six months after the date on which it is received by the Secretary General of the Council of Europe.

text: Article 6

text: The Secretary General of the Council of Europe shall notify members of the Council and the government of any State which has acceded to this Convention of: a any signature and any deposit of an instrument of ratification, acceptance or accession; b the date on which the Convention enters into force in respect of any State; c notifications which may be received in pursuance of the provisions of

text: Articles 3

text: and 6.

text: Article 7


identifier: ETS No. 042

reference: ETS No. 042

title: Agreement relating to Application of the European Convention on International Commercial Arbitration

text: European Treaty Series - No. 42

text: Paris, 17.XII.1962

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

text: Considering that a European Convention on International Commercial Arbitration was opened for signature at Geneva on 21st April 1961;

text: Considering, however, that certain measures relating to the organisation of the arbitration, provided for in Article IV of the Convention, are not to be recommended except in the case of disputes between physical or legal persons having, on the one hand, their habitual place of residence or seat in Contracting States where, according to the terms of the Annex to the Convention, there exist National Committees of the International Chamber of Commerce, and, on the other, in States where no such committees exist;

text: Considering that under the terms of paragraph 7 of Article X of the said Convention the provisions of that Convention shall not affect the validity of multilateral or bilateral agreements concerning arbitration entered into by States which are Parties thereto;

text: Without prejudice to the intervention of a Convention relating to a uniform law on arbitration now being drawn up within the Council of Europe,

text: Have agreed as follows:

text: In relations between physical or legal persons whose habitual residence or seat is in States Parties to the present Agreement, paragraphs 2 to 7 of Article IV of the European Convention on International Commercial Arbitration, opened for signature at Geneva on 21st April 1961, are replaced by the following provision:

text: "If the arbitral Agreement contains no indication regarding the measures referred to in paragraph 1 of Article IV of the European Convention on International Commercial Arbitration as a whole, or some of these measures, any difficulties arising with regard to the constitution or functioning of the arbitral tribunal shall be submitted to the decision of the competent authority at the request of the party instituting proceedings."

text: Article 1

text: This Agreement shall be open for signature by the member States of the Council of Europe. It shall be ratified or accepted. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

text: Subject to the provisions of

text: Article 4

text: , this Agreement shall come into force thirty days after the date of deposit of the second instrument of ratification or acceptance.

text: ETS 42 – International Commercial Arbitration, 17.XII.1962 __________________________________________________________________________________

text: Subject to the provisions of

text: Article 4

text: , in respect of any signatory government ratifying or accepting it subsequently, the Agreement shall come into force thirty days after the date of deposit of its instrument of ratification or acceptance.

text: Article 2

text: After the entry into force of this Agreement, the Committee of Ministers of the Council of Europe may invite any State which is not a member of the Council and in which there exists a National Committee of the International Chamber of Commerce to accede to this Agreement.

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, subject to the provisions of

text: Article 4

text: , thirty days after the date of its deposit.

text: Article 3

text: The entry into force of this Agreement in respect of any State after ratification, acceptance or accession in accordance with the terms of

text: Articles 2

text: and 3 shall be conditional upon the entry into force of the European Convention on International Commercial Arbitration in respect of that State.

text: Article 4

text: Any Contracting Party may, in so far as it is concerned, denounce this Agreement by giving notice to the Secretary General of the Council of Europe. Denunciation shall take effect six months after the date of receipt by the Secretary General of the Council of such notification.

text: Article 5

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

text: any signature;

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

ordinal: c

text: any date of entry into force;

text: any notification received in pursuance of the provisions of

text: Article 5

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

text: Done at Paris, this 17th day of December 1962, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory and acceding governments.

text: Article 6


identifier: ETS No. 043

reference: ETS No. 043

title: Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality

text: European Treaty Series - No. 43

text: Strasbourg, 6.V.1963

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

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

text: Considering that cases of multiple nationality are liable to cause difficulties and that joint action to reduce as far as possible the number of cases of multiple nationality, as between member States, corresponds to the aims of the Council of Europe;

text: Considering it desirable that persons possessing the nationality of two or more Contracting Parties should be required to fulfil their military obligations in relation to one of those Parties only,

text: Have agreed as follows:

text: Chapter I – Reduction of cases of multiple nationality

type: rubrik

text: Nationals of the Contracting Parties who are of full age and who acquire of their own free will, by means of naturalisation, option or recovery, the nationality of another Party shall lose their former nationality. They shall not be authorised to retain their former nationality.

text: Nationals of the Contracting Parties who are minors and acquire by the same means the nationality of another Party shall also lose their former nationality if, where their national law provides for the loss of nationality in such cases, they have been duly empowered or represented. They shall not be authorised to retain their former nationality.

text: Minor children, other than those who are or have been married, shall likewise lose their former nationality in the event of the acquisition ipso jure of the nationality of another Contracting Party upon and by reason of the naturalisation or the exercise of an option or the recovery of nationality by their father and mother. Where only one parent loses his former nationality, the law of that Contracting Party whose nationality the minor possessed shall determine from which of his parents he shall derive his nationality. In the latter case, the said law may make the loss of his nationality subject to the prior consent of the other parent or the guardian to his acquiring the new nationality.

text: However, without prejudice to the provisions of the law of each of the Contracting Parties concerning the recovery of nationality, the Party of which the minor referred to in the foregoing paragraph possessed the nationality may lay down special conditions on which they may recover that nationality of their own free will after attaining their majority.

text: ETS 43 – Multiple Nationality, 6.V.1963 __________________________________________________________________________________

text: In so far as concerns the loss of nationality as provided for in the present article, the age of majority and minority and the conditions of capacity and representation shall be determined by the law of the Contracting Party whose nationality the person concerned possesses.

text: Article 1

text: A person who possesses the nationality of two or more Contracting Parties may renounce one or more of these nationalities, with the consent of the Contracting Party whose nationality he desires to renounce.

text: Such consent may not be withheld by the Contracting Party whose nationality a person of full age possesses ipso jure, provided that the said person has, for the past ten years, had his ordinary residence outside the territory of that Party and also provided that he has his ordinary residence in the territory of the Party whose nationality he intends to retain.

text: Consent may likewise not be withheld by the Contracting Party in the case of minors who fulfil the conditions stipulated in the preceding paragraph, provided that their national law allows them to give up their nationality by means of a simple declaration and provided also that they have been duly empowered or represented.

text: The age of majority and minority and the conditions for being empowered or represented shall be determined by the law of the Contracting Party whose nationality the person in question desires to renounce.

text: Article 2

text: The Contracting Party whose nationality a person desires to renounce shall not require the payment of any special tax or charge in the event of such renunciation.

text: Article 3

text: Nothing in the provisions of this Convention shall preclude the application of any provision more likely to limit the occurrence of multiple nationality whether embodied or subsequently introduced into either the municipal law of any Contracting Party or any other treaty, convention or agreement between two or more of the Contracting Parties.

text: Article 4

text: Chapter II – Military obligations in cases of multiple nationality

text: Persons possessing the nationality of two or more Contracting Parties shall be required to fulfil their military obligations in relation to one of those Parties only.

text: The modes of application of paragraph 1 may be determined by special agreements between any of the Contracting Parties.

text: Article 5

text: Except where a special agreement which has been, or may be, concluded provides otherwise, the following provisions are applicable to a person possessing the nationality of two or more Contracting Parties:

text: Any such person shall be subject to military obligations in relation to the Party in whose territory he is ordinarily resident. Nevertheless, he shall be free to choose, up to the age of 19 years, to submit himself to military obligations as a volunteer in relation to any other Party of which he is also a national for a total and effective period at least equal to that of the active military service required by the former Party.

text: A person who is ordinarily resident in the territory of a Contracting Party of which he is not a national or in that of a State which is not a Party may choose to perform his military service in the territory of any Contracting Party of which he is a national.

text: A person who, in accordance with the rules laid down in paragraphs 1 and 2, shall fulfil his military obligations in relation to one Party, as prescribed by the law of that Party, shall be deemed to have fulfilled his military obligations in relation to any other Party or Parties of which he is also a national.

text: A person who, before the entry into force of this Convention between the Parties of which he is a national, has, in relation to one of those Parties, fulfilled his military obligations in accordance with the law of that Party, shall be deemed to have fulfilled the same obligations in relation to any other Party or Parties of which he is also a national.

text: A person who, in conformity with paragraph 1, has performed his active military service in relation to one of the Contracting Parties of which he is a national, and subsequently transfers his ordinary residence to the territory of the other Party of which he is a national, shall be liable to military service in the reserve only in relation to the latter Party.

text: The application of this article shall not prejudice, in any respect, the nationality of the persons concerned.

text: In the event of mobilisation by any Party, the obligations arising under this article shall not be binding upon that Party.

text: Article 6

text: Chapter III – Application of the Convention

text: Each Contracting Party shall apply the provisions of Chapters I and II.

text: It is however understood that each Contracting Party may declare, at the time of ratification, acceptance or accession, that it will apply the provisions of Chapter II only. In this case the provisions of Chapter I shall not be applicable in relation to that Party.

text: It may, at any subsequent time, notify the Secretary General of the Council of Europe that it is applying the provisions of Chapter I as well. This notification shall become effective as from the date of its receipt, and the provisions of Chapter I shall thereupon become applicable in relation to that Party.

text: Each Contracting Party which has applied the provisions of the first sub-paragraph of paragraph 1 of this article may declare, at the time of signing or at the time of depositing its instrument of ratification, acceptance or accession that it will apply the provisions of Chapter II only in regard to Contracting Parties which are applying the provisions of Chapters I and II. In this case the provisions of Chapter II shall not be applicable between the Party making such a declaration and a Party applying the second sub-paragraph of paragraph 1.

text: Article 7

text: Chapter IV – Final clauses

text: Any Contracting Party may, when signing this Convention or depositing its instrument of ratification, acceptance or accession, declare that it avails itself of one or more of the reservations provided for in the Annex to the present Convention. No other reservation shall be permitted.

text: Any Contracting Party may wholly or partly withdraw a reservation it has made in accordance with the foregoing paragraph 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: A Contracting Party which has made a reservation in respect of any provision of the Convention in accordance with this article may not claim application of the said provision by another Party; it may, however, if its reservation is partial or conditional claim the application of that provision in so far as it has itself accepted it.

text: Article 8

text: Any Contracting Party may, by a declaration made to the Secretary General of the Council of Europe on signature or on depositing its instrument of ratification, acceptance or accession, or at any subsequent time, with regard to States and territories for which it assumes international responsibility, or for which it is empowered to contract, define the term "nationals" and specify the "territories" to which the present Convention shall be applicable.

text: Any declaration made in accordance with this article may, in respect of the nationals and territories mentioned in such declaration, be withdrawn according to the procedure laid down in

text: Article 12

text: of this Convention.

text: Article 9

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

text: This Convention shall enter into force one month after the date of deposit of the second instrument of ratification or acceptance.

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

text: Article 10

text: After this Convention has come into force the Committee of Ministers of the Council of Europe may unanimously decide to invite any State which is not a Member of the Council to accede to it. Any State so invited may accede by depositing its instrument of accession with the Secretary General of the Council.

text: The Convention shall come into force in respect of any State acceding thereto one month after the date of deposit of its instrument of accession.

text: Article 11

text: This Convention shall remain in force indefinitely.

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

text: Article 12

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

text: Articles 10

text: and 11 thereof; c any reservation made in accordance with

text: Article 8

text: , paragraph 1; d the withdrawal of any reservation in accordance with

text: Article 8

text: , paragraph 2; e any declaration or notification received in accordance with the provisions of

text: Article 7

text: and

text: Article 9

text: , paragraph 1; f any notification received in pursuance of the provisions of

text: Article 9

text: , paragraph 2, and of

text: Article 12

text: and the date on which denunciation takes effect.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Strasbourg, this 6th day of May 1963, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory and acceding governments.

text: Article 13


identifier: ETS No. 044

reference: ETS No. 044

title: Protocol No. 2 to the Convention for the Protection of Human Rights and Fundamental Freedoms, conferring upon the European Court of Human Rights competence to give advisory opinions

text: European Treaty Series - No. 44

text: Protocol No. 2 to the

text: competence to give Advisory Opinions

text: Strasbourg, 6.V.1963

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

text: Having regard to the provisions of the

text: signed at Rome on 4th November 1950 (hereinafter referred to as "the Convention") and, in particular, Article 19 instituting, among other bodies, a European Court of Human Rights (hereinafter referred to as "the Court");

text: Considering that it is expedient to confer upon the Court competence to give advisory opinions subject to certain conditions,

text: Have agreed as follows:

text: The Court may, at the request of the Committee of Ministers, give advisory opinions on legal questions concerning the interpretation of the Convention and the Protocols thereto.

text: Such opinions shall not deal with any question relating to the content or scope of the rights or freedoms defined in Section 1 of the Convention and in the Protocols thereto, or with any other question which the Commission, the Court or the Committee of Ministers might have to consider in consequence of any such proceedings as could be instituted in accordance with the Convention.

text: Decisions of the Committee of Ministers to request an advisory opinion of the Court shall require a two-thirds majority vote of the representatives entitled to sit on the Committee.

text: Article 1

text: The Court shall decide whether a request for an advisory opinion submitted by the Committee of Ministers is within its consultative competence as defined in

text: Article 1

text: of this Protocol.

text: Article 2

text: For the consideration of requests for an advisory opinion, the Court shall sit in plenary session.

text: _____ (*) This Protocol No. 2 had been an integral part of the Convention since its entry into force on 21 September 1970. However, all provisions which had been amended or added by this Protocol are replaced by Protocol No. 11 (ETS No. 155), as from the date of its entry into force, on 1 November 1998.

text: ETS 44 – Human Rights (Protocol No. 2), 6.V.1963 __________________________________________________________________________________

text: Reasons shall be given for advisory opinions of the Court. 3 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. 4 Advisory opinions of the Court shall be communicated to the Committee of Ministers.

text: Article 3

text: The powers of the Court under Article 55 of the Convention shall extend to the drawing up of such rules and the determination of such procedure as the Court may think necessary for the purposes of this Protocol.

text: Article 4

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

text: Articles 1

text: to 4 shall be considered an integral part of the Convention. 4 The Secretary General of the Council of Europe shall notify the member States of the Council of: a any signature without reservation in respect of ratification or acceptance; b any signature with reservation in respect of ratification or acceptance; c the deposit of any instrument of ratification or acceptance; d the date of entry into force of this Protocol in accordance with paragraph 2 of this article.

text: In witness whereof, the undersigned, being duly authorised thereto, have signed this Protocol. Done at Strasbourg, this 6th day of May 1963, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory States.

text: Article 5


identifier: ETS No. 045

reference: ETS No. 045

title: Protocol No. 3 to the Convention for the Protection of Human Rights and Fundamental Freedoms, amending Articles 29, 30 and 34 of the Convention

text: European Treaty Series - No. 45

text: Protocol No. 3 to the

text: , amending Articles 29, 30 and 34 of the Convention *

text: Strasbourg, 6.V.1963

text: The member States of the Council of Europe, signatories to this Protocol, Considering that it is advisable to amend certain provisions of the

text: signed at Rome on 4th November 1950 (hereinafter referred to as "the Convention") concerning the procedure of the European Commission of Human Rights, Have agreed as follows:

text: Article 29 of the Convention is deleted. 2 The following provision shall be inserted in the Convention: "Article 29 After it has accepted a petition submitted under Article 25, the Commission may nevertheless decide unanimously to reject the petition if, in the course of its examination, it finds that the existence of one of the grounds for non-acceptance provided for in Article 27 has been established. In such a case, the decision shall be communicated to the parties."

text: Article 1

text: In Article 30 of the Convention, the word "Sub-Commission" shall be replaced by the word "Commission".

text: Article 2

text: At the beginning of Article 34 of the Convention, the following shall be inserted: "Subject to the provisions of Article 29..." _____ (*) The original text of the Convention had been amended according to the text of Protocol No. 3 which entered into force on 21 September 1970. All provisions which had been amended or added by this Protocol are replaced by Protocol No. 11 (ETS No. 155), as from the date of its entry into force, on 1 November 1998.

text: ETS 45 – Human Rights (Protocol No. 3), 6.V.1963 __________________________________________________________________________________

text: At the end of the same article, the sentence "the Sub-Commission shall take its decisions by a majority of its members" shall be deleted.

text: Article 3

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

text: Article 4


identifier: ETS No. 046

reference: ETS No. 046

text: SFS 1994:1219

text: European Treaty Series - No. 46

text: Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto *

text: Strasbourg, 16.IX.1963

text: The governments signatory hereto, being members of the Council of Europe, Being resolved to take steps to ensure the collective enforcement of certain rights and freedoms other than those already included in Section 1 of the

text: signed at Rome on 4th November 1950 (hereinafter referred to as the "Convention") and in

text: Articles 1

text: to 3 of the First Protocol to the Convention, signed at Paris on 20th March 1952, Have agreed as follows:

text: No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation.

text: Article 1 – Prohibition of imprisonment for debt

text: Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. 2 Everyone shall be free to leave any country, including his own. 3 No restrictions shall be placed on the exercise of these rights other than such as are in accordance with law and are necessary in a democratic society in the interests of national security or public safety, for the maintenance of ordre public, for the prevention of crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. 4 The rights set forth in paragraph 1 may also be subject, in particular areas, to restrictions imposed in accordance with law and justified by the public interest in a democratic society.

text: Article 2 – Freedom of movement

text: No one shall be expelled, by means either of an individual or of a collective measure, from the territory of the State of which he is a national. 2 No one shall be deprived of the right to enter the territory of the state of which he is a national. _____ (*) Headings of articles added and text amended according to the provisions of Protocol No. 11 (ETS No. 155) as from its entry into force on 1 November 1998.

text: ETS 46 – Human Rights (Protocol No. 4), 16. IX.1963 __________________________________________________________________________________

text: Article 3 – Prohibition of expulsion of nationals

text: Collective expulsion of aliens is prohibited.

text: Article 4 – Prohibition of collective expulsion of aliens

text: Any High Contracting Party may, at the time of signature or ratification of this Protocol, or at any time thereafter, communicate to the Secretary General of the Council of Europe a declaration stating the extent to which it undertakes that the provisions of this Protocol shall apply to such of the territories for the international relations of which it is responsible as are named therein.

text: Any High Contracting Party which has communicated a declaration in virtue of the preceding paragraph may, from time to time, communicate a further declaration modifying the terms of any former declaration or terminating the application of the provisions of this Protocol in respect of any territory.

text: A declaration made in accordance with this article shall be deemed to have been made in accordance with paragraph 1 of Article 56 of the Convention.

text: The territory of any State to which this Protocol applies by virtue of ratification or acceptance by that State, and each territory to which this Protocol is applied by virtue of a declaration by that State under this article, shall be treated as separate territories for the purpose of the references in

text: Articles 2

text: and 3 to the territory of a State.

text: Any State which has made a declaration in accordance with paragraph 1 or 2 of this Article may at any time thereafter declare on behalf of one or more of the territories to which the declaration relates that it accepts the competence of the Court to receive applications from individuals, non-governmental organisations or groups of individuals as provided in Article 34 of the Convention in respect of all or any of

text: Articles 1

text: to 4 of this Protocol.

text: Article 5 – Territorial application

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 – Relationship to the Convention1

text: This Protocol shall be open for signature by the members of the Council of Europe who are the signatories of the Convention; it shall be ratified at the same time as or after the ratification of the Convention. It shall enter into force after the deposit of five instruments of ratification. As regards any signatory ratifying subsequently, the Protocol shall enter into force at the date of the deposit of its instrument of ratification.

text: The instruments of ratification shall be deposited with the Secretary General of the Council of Europe, who will notify all Members of the names of those who have ratified.

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

text: Done at Strasbourg, this 16th day of September 1963, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory states. _____ (1) Text amended according to the provisions of Protocol No. 11 (ETS No. 155). (2) Text added according to the provisions of Protocol No. 11 (ETS No. 155).

text: Article 7 – Signature and ratification


identifier: ETS No. 047

reference: ETS No. 047

title: Convention on the Unification of Certain Points of Substantive Law on Patents for Invention

text: European Treaty Series - No. 47

text: Strasbourg, 27.XI.1963

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

text: Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose, among others, of facilitating their economic and social progress by agreements and common action in economic, social, cultural, scientific, legal and administrative matters;

text: Considering that the unification of certain points of substantive law on patents for invention is likely to assist industry and inventors, to promote technical progress and contribute to the creation of an international patent;

text: Having regard to Article 15 of the Convention for the Protection of Industrial Property signed at Paris on 20th March 1883, revised at Brussels on 14th December 1900, at Washington on 2nd June 1911, at The Hague on 6th November 1925, at London on 2nd June 1934 and at Lisbon on 31st October 1958,

text: Have agreed as follows:

text: In the Contracting States, patents shall be granted for any inventions which are susceptible of industrial application, which are new and which involve an inventive step. An invention which does not comply with these conditions shall not be the subject of a valid patent. A patent declared invalid because the invention does not comply with these conditions shall be considered invalid ab initio.

text: Article 1

text: The Contracting States shall not be bound to provide for the grant of patents in respect of:

text: inventions the publication or exploitation of which would be contrary to ordre public or morality, provided that the exploitation shall not be deemed to be so contrary merely because it is prohibited by a law or regulation;

text: plant or animal varieties or essentially biological processes for the production of plants or animals; this provision does not apply to micro-biological processes and the products thereof.

text: Article 2

text: An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry including agriculture.

text: ETS 47 – Unification Law of Patents, 27.XI.1963 __________________________________________________________________________________

text: Article 3

text: An invention shall be considered to be new if it does not form part of the state of the art.

text: Subject to the provisions of paragraph 4 of this article, the state of the art shall be held to comprise everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of the patent application or of a foreign application, the priority of which is validly claimed.

text: Any Contracting State may consider the contents of applications for patents made, or of patents granted, in that State, which have been officially published on or after the date referred to in paragraph 2 of this article, as comprised in the state of the art, to the extent to which such contents have an earlier priority date.

text: an evident abuse in relation to the applicant or his legal predecessor, or

text: the fact that the applicant or his legal predecessor has displayed the invention at official, or officially recognised, international exhibitions falling within the terms of the Convention on international exhibitions signed at Paris on 22nd November 1928 and amended on 10th May 1948.

text: A patent shall not be refused or held invalid by virtue only of the fact that the invention was made public, within six months preceding the filing of the application, if the disclosure was due to, or in consequence of:

text: Article 4

text: An invention shall be considered as involving an inventive step if it is not obvious having regard to the state of the art. However, for the purposes of considering whether or not an invention involves an inventive step, the law of any Contracting State may, either generally or in relation to particular classes of patents or patent applications, for example patents of addition, provide that the state of the art shall not include all or any of the patents or patent applications mentioned in paragraph 3 of

text: Article 4

text: Article 5

text: Any Contracting State which does not apply the provisions of paragraph 3 of

text: Article 4

text: shall nevertheless provide that no invention shall be validly protected in so far as it includes matter which is or has been validly protected by a patent in that State which, though not comprised in the state of the art, has, in respect of that matter, an earlier priority date.

text: Article 6

text: Any group of Contracting States who provide for a common patent application may be regarded as a single State for the purposes of paragraph 3 of

text: Article 4

text: , or of

text: Article 6

text: Article 7

text: The patent application shall contain a description of the invention with the necessary drawings referred to therein and one or more claims defining the protection applied for.

text: The description must disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.

text: The extent of the protection conferred by the patent shall be determined by the terms of the claims. Nevertheless, the description and drawings shall be used to interpret the claims.

text: Article 8

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

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

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

text: Article 9

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any member of the International Union for the Protection of Industrial Property which is not a member of the Council of Europe to accede thereto.

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

text: Article 10

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

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

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

text: Article 13

text: of this Convention.

text: Article 11

text: not to provide for the grant of patents in respect of food and pharmaceutical products, as such, and agricultural or horticultural processes other than those to which paragraph b of

text: Article 2

text: applies;

text: to grant valid patents for inventions disclosed within the six months preceding the filing of the application, either, apart from the case referred to in paragraph 4.b of

text: Article 4

text: , by the inventor himself, or, apart from the case referred to in paragraph 4.a of

text: Article 4

text: , by a third party as a result of information derived from the inventor.

text: Notwithstanding anything in this Convention, each Contracting Party may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, temporarily reserve, for the limited period stated below, the right:

text: The limited period referred to in paragraph 1 of this article shall be ten years in the case of sub-paragraph a and five years in the case of sub-paragraph b. It shall start from the entry into force of this Convention for the Contracting Party considered.

text: Any Contracting Party which makes a reservation under this article shall withdraw the said reservation as soon as circumstances permit. Such withdrawal shall be made by notification addressed to the Secretary General of the Council of Europe and shall take effect one month from the date of receipt of such notification.

text: Article 12

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

text: Article 13

text: The Secretary General of the Council of Europe shall notify the member States of the Council, any State which has acceded to this Convention and the Director of the International Bureau for the Protection of Industrial Property of: a any signature; b any deposit of an instrument of ratification, acceptance or accession; c any date of entry into force of this Convention; d any declaration and notification received in pursuance of the provisions of paragraphs 2 and 3 of

text: Article 11

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

text: Article 12

text: ; f the withdrawal of any reservation carried out in pursuance of the provisions of paragraph 3 of

text: Article 12

text: ; g any notification received in pursuance of the provisions of paragraph 2 of

text: Article 13

text: and the date on which denunciation takes effect.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Strasbourg, this 27th day of November 1963, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory and acceding States and to the Director of the International Bureau for the Protection of Industrial Property.

text: Article 14