doctype: protocol

identifier: ETS No. 140

openingPlace: Rome

publisher: Council of Europe Treaty Office

reference: ETS No. 140

title: Protocol No. 9 to the Convention for the Protection of Human Rights and Fundamental Freedoms

text: European Treaty Series - No. 140

type: stycke

text: Fundamental Freedoms

text: Rome, 6.XI.1990

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

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

text: , signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention"), Being resolved to make further improvements to the procedure under the Convention, Have agreed as follows:

text: For Parties to the Convention which are bound by this Protocol, the Convention shall be amended as provided in

text: Articles 2

text: to 5.

text: Article 1

type: artikel

text: Article 31, paragraph 2, of the Convention shall read as follows: "2 The Report shall be transmitted to the Committee of Ministers. The Report shall also be transmitted to the States concerned and, if it deals with a petition submitted under Article 25, the applicant. The States concerned and the applicant shall not be at liberty to publish it."

text: Article 2

text: Article 44 of the Convention shall read as follows: "Only the High Contracting Parties, the Commission, and persons, non-governmental organisations or groups of individuals having submitted a petition under Article 25 shall have the right to bring a case before the Court."

text: Article 3

text: Article 45 of the Convention shall read as follows: "The jurisdiction of the Court shall extend to all cases concerning the interpretation and application of the present Convention which are referred to it in accordance with Article 48." _____ (*) This Protocol has been repealed as from the date of entry into force of Protocol No. 11 (ETS No. 155) on 1 November 1998.

text: ETS 140 – Human Rights (Protocol No. 9), 6.XI.1990 __________________________________________________________________________________

text: Article 4

text: Article 48 of the Convention shall read as follows:

text: "1 The following may refer a case to the Court, provided that the High Contracting Party concerned, if there is only one, or the High Contracting Parties concerned, if there is more than one, are subject to the compulsory jurisdiction of the Court or, failing that, with the consent of the High Contracting Party concerned, if there is only one, or of the High Contracting Parties concerned if there is more than one:

ordinal: a

text: the Commission;

type: punkt

ordinal: b

text: a High Contracting Party whose national is alleged to be a victim;

ordinal: c

text: a High Contracting Party which referred the case to the Commission;

ordinal: d

text: a High Contracting Party against which the complaint has been lodged;

text: the person, non-governmental organisation or group of individuals having lodged the complaint with the Commission.

text: If a case is referred to the Court only in accordance with paragraph 1.e, it shall first be submitted to a panel composed of three members of the Court. There shall sit as an ex officio member of the panel the judge elected in respect of the High Contracting Party against which the complaint has been lodged, or, if there is none, a person of its choice who shall sit in the capacity of judge. If the complaint has been lodged against more than one High Contracting Party, the size of the panel shall be increased accordingly.

text: If the case does not raise a serious question affecting the interpretation or application of the Convention and does not for any other reason warrant consideration by the Court, the panel may, by a unanimous vote, decide that it shall not be considered by the Court. In that event, the Committee of Ministers shall decide, in accordance with the provisions of Article 32, whether there has been a violation of the Convention."

text: Article 5

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

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

text: This Protocol shall be open for signature by member States of the Council of Europe signatories to the Convention, which may express their consent to be bound by:

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

text: Article 6

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

text: Article 6

text: In respect of any member 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 signature or of the deposit of the instrument of ratification, acceptance or approval.

text: Article 7

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

text: Article 7

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

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol. Done at Rome, this 6th day of November 1990, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.

text: Article 8

type: internationell-overenskommelse


doctype: treaty

identifier: ETS No. 141

openingPlace: Strasbourg

reference: ETS No. 141

title: Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime

text: European Treaty Series - No. 141

text: Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime

text: Strasbourg, 8.XI.1990

text: Preamble

text: The member States of the Council of Europe and the other States signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Convinced of the need to pursue a common criminal policy aimed at the protection of society; Considering that the fight against serious crime, which has become an increasingly international problem, calls for the use of modern and effective methods on an international scale; Believing that one of these methods consists in depriving criminals of the proceeds from crime; Considering that for the attainment of this aim a well-functioning system of international cooperation also must be established, Have agreed as follows:

text: Chapter I – Use of terms

type: rubrik

text: For the purposes of this Convention: a "proceeds" means any economic advantage from criminal offences. It may consist of any property as defined in sub-paragraph b of this article; b "property" includes property of any description, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments evidencing title to, or interest in such property; c "instrumentalities" means any property used or intended to be used, in any manner, wholly or in part, to commit a criminal offence or criminal offences; d "confiscation" means a penalty or a measure, ordered by a court following proceedings in relation to a criminal offence or criminal offences resulting in the final deprivation of property;

text: ETS 141 – Laundering of the Proceeds from Crime, 8.XI.1990 __________________________________________________________________________________

ordinal: e

text: "predicate offence" means any criminal offence as a result of which proceeds were generated that may become the subject of an offence as defined in

text: Article 6

text: of this Convention.

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 enable it to confiscate instrumentalities and proceeds or property the value of which corresponds to such proceeds.

text: Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that paragraph 1 of this article applies only to offences or categories of offences specified in such declaration.

text: Article 2 – Confiscation measures

text: Each Party shall adopt such legislative and other measures as may be necessary to enable it to identify and trace property which is liable to confiscation pursuant to

text: Article 2

text: , paragraph 1, and to prevent any dealing in, transfer or disposal of such property.

text: Article 3 – Investigative and provisional measures

text: Each Party shall adopt such legislative and other measures as may be necessary to empower its courts or other competent authorities to order that bank, financial or commercial records be made available or be seized in order to carry out the actions referred to in

text: Articles 2

text: and 3. A Party shall not decline to act under the provisions of this article on grounds of bank secrecy.

text: Each Party shall consider adopting such legislative and other measures as may be necessary to enable it to use special investigative techniques facilitating the identification and tracing of proceeds and the gathering of evidence related thereto. Such techniques may include monitoring orders, observation, interception of telecommunications, access to computer systems and orders to produce specific documents.

text: Article 4 – Special investigative powers and techniques

text: Each Party shall adopt such legislative and other measures as may be necessary to ensure that interested parties affected by measures under

text: Articles 2

text: and 3 shall have effective legal remedies in order to preserve their rights.

text: Article 5 – Legal remedies

text: the conversion or transfer of property, knowing that such property is proceeds, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of the predicate offence to evade the legal consequences of his actions;

text: the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of, property, knowing that such property is proceeds;

text: the acquisition, possession or use of property, knowing, at the time of receipt, that such property was proceeds; d participation in, association or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the offences established in accordance with this article. 2 For the purposes of implementing or applying paragraph 1 of this article: a it shall not matter whether the predicate offence was subject to the criminal jurisdiction of the Party; b it may be provided that the offences set forth in that paragraph do not apply to the persons who committed the predicate offence; c knowledge, intent or purpose required as an element of an offence set forth in that paragraph may be inferred from objective, factual circumstances. 3 Each Party may adopt such measures as it considers necessary to establish also as offences under its domestic law all or some of the acts referred to in paragraph 1 of this article, in any or all of the following cases where the offender: a ought to have assumed that the property was proceeds; b acted for the purpose of making profit; c acted for the purpose of promoting the carrying on of further criminal activity. 4 Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by declaration addressed to the Secretary General of the Council of Europe declare that paragraph 1 of this article applies only to predicate offences or categories of such offences specified in such declaration.

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as offences under its domestic law, when committed intentionally:

text: and, subject to its constitutional principles and the basic concepts of its legal system;

text: Article 6 – Laundering offences

text: Chapter III – International co-operation

text: Section 1 – Principles of international co-operation

text: The Parties shall co-operate with each other to the widest extent possible for the purposes of investigations and proceedings aiming at the confiscation of instrumentalities and proceeds. 2 Each Party shall adopt such legislative or other measures as may be necessary to enable it to comply, under the conditions provided for in this chapter, with requests: a for confiscation of specific items of property representing proceeds or instrumentalities, as well as for confiscation of proceeds consisting in a requirement to pay a sum of money corresponding to the value of proceeds; b for investigative assistance and provisional measures with a view to either form of confiscation referred to under a above.

text: Article 7 – General principles and measures for international co-operation

text: Section 2 – Investigative assistance

text: The Parties shall afford each other, upon request, the widest possible measure of assistance in the identification and tracing of instrumentalities, proceeds and other property liable to confiscation. Such assistance shall include any measure providing and securing evidence as to the existence, location or movement, nature, legal status or value of the aforementioned property.

text: Article 8 – Obligation to assist

text: The assistance pursuant to

text: Article 8

text: shall be carried out as permitted by and in accordance with the domestic law of the requested Party and, to the extent not incompatible with such law, in accordance with the procedures specified in the request.

text: Article 9 – Execution of assistance

text: Without prejudice to its own investigations or proceedings, a Party may without prior request forward to another Party information on instrumentalities and proceeds, when it considers that the disclosure of such information might assist the receiving Party in initiating or carrying out investigations or proceedings or might lead to a request by that Party under this chapter.

text: Article 10 – Spontaneous information

text: Section 3 – Provisional measures

text: At the request of another Party which has instituted criminal proceedings or proceedings for the purpose of confiscation, a Party shall take the necessary provisional measures, such as freezing or seizing, to prevent any dealing in, transfer or disposal of property which, at a later stage, may be the subject of a request for confiscation or which might be such as to satisfy the request.

text: A Party which has received a request for confiscation pursuant to

text: Article 13

text: shall, if so requested, take the measures mentioned in paragraph 1 of this article in respect of any property which is the subject of the request or which might be such as to satisfy the request.

text: Article 11 – Obligation to take provisional measures

text: The provisional measures mentioned in

text: Article 11

text: Before lifting any provisional measure taken pursuant to this article, the requested Party shall, wherever possible, give the requesting Party an opportunity to present its reasons in favour of continuing the measure.

text: Article 12 – Execution of provisional measures

text: Section 4 – Confiscation

text: enforce a confiscation order made by a court of a requesting Party in relation to such instrumentalities or proceeds; or

text: submit the request to its competent authorities for the purpose of obtaining an order of confiscation and, if such order is granted, enforce it.

text: A Party, which has received a request made by another Party for confiscation concerning instrumentalities or proceeds, situated in its territory, shall:

text: For the purposes of applying paragraph 1.b of this article, any Party shall whenever necessary have competence to institute confiscation proceedings under its own law.

text: The provisions of paragraph 1 of this article shall also apply to confiscation consisting in a requirement to pay a sum of money corresponding to the value of proceeds, if property on which the confiscation can be enforced is located in the requested Party. In such cases, when enforcing confiscation pursuant to paragraph 1, the requested Party shall, if payment is not obtained, realise the claim on any property available for that purpose.

text: If a request for confiscation concerns a specific item of property, the Parties may agree that the requested Party may enforce the confiscation in the form of a requirement to pay a sum of money corresponding to the value of the property.

text: Article 13 – Obligation to confiscate

text: The procedures for obtaining and enforcing the confiscation under

text: Article 13

text: shall be governed by the law of the requested Party.

text: The requested Party shall be bound by the findings as to the facts in so far as they are stated in a conviction or judicial decision of the requesting Party or in so far as such conviction or judicial decision is implicitly based on them.

text: Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that paragraph 2 of this article applies only subject to its constitutional principles and the basic concepts of its legal system.

text: If the confiscation consists in the requirement to pay a sum of money, the competent authority of the requested Party shall convert the amount thereof into the currency of that Party at the rate of exchange ruling at the time when the decision to enforce the confiscation is taken.

text: In the case of

text: Article 13

text: , paragraph 1.a, the requesting Party alone shall have the right to decide on any application for review of the confiscation order.

text: Article 14 – Execution of confiscation

text: Any property confiscated by the requested Party shall be disposed of by that Party in accordance with its domestic law, unless otherwise agreed by the Parties concerned.

text: Article 15 – Confiscated property

text: A request for confiscation made under

text: Article 13

text: does not affect the right of the requesting Party to enforce itself the confiscation order.

text: Nothing in this Convention shall be so interpreted as to permit the total value of the confiscation to exceed the amount of the sum of money specified in the confiscation order. If a Party finds that this might occur, the Parties concerned shall enter into consultations to avoid such an effect.

text: Article 16 – Right of enforcement and maximum amount of confiscation

text: The requested Party shall not impose imprisonment in default or any other measure restricting the liberty of a person as a result of a request under

text: Article 13

text: , if the requesting Party has so specified in the request.

text: Article 17 – Imprisonment in default

text: Section 5 – Refusal and postponement of co-operation

text: the action sought would be contrary to the fundamental principles of the legal system of the requested Party; or

text: the execution of the request is likely to prejudice the sovereignty, security, ordre public or other essential interests of the requested Party; or

text: in the opinion of the requested Party, the importance of the case to which the request relates does not justify the taking of the action sought; or

text: the offence to which the request relates is a political or fiscal offence; or

text: the requested Party considers that compliance with the action sought would be contrary to the principle of ne bis in idem; or

ordinal: f

text: the offence to which the request relates would not be an offence under the law of the requested Party if committed within its jurisdiction. However, this ground for refusal applies to co-operation under Section 2 only in so far as the assistance sought involves coercive action.

text: Co-operation under this chapter may be refused if:

text: Co-operation under Section 2, in so far as the assistance sought involves coercive action, and under Section 3 of this chapter, may also be refused if the measures sought could not be taken under the domestic law of the requested Party for the purposes of investigations or proceedings, had it been a similar domestic case.

text: Where the law of the requested Party so requires, co-operation under Section 2, in so far as the assistance sought involves coercive action, and under Section 3 of this chapter may also be refused if the measures sought or any other measures having similar effects would not be permitted under the law of the requesting Party, or, as regards the competent authorities of the requesting Party, if the request is not authorised by either a judge or another judicial authority, including public prosecutors, any of these authorities acting in relation to criminal offences.

text: under the law of the requested Party confiscation is not provided for in respect of the type of offence to which the request relates; or

text: without prejudice to the obligation pursuant to

text: Article 13

text: , paragraph 3, it would be contrary to the principles of the domestic laws of the requested Party concerning the limits of confiscation in respect of the relationship between an offence and:

text: an economic advantage that might be qualified as its proceeds; or

text: under the law of the requested Party confiscation may no longer be imposed or enforced because of the lapse of time; or

text: the request does not relate to a previous conviction, or a decision of a judicial nature or a statement in such a decision that an offence or several offences have been committed, on the basis of which the confiscation has been ordered or is sought; or

text: confiscation is either not enforceable in the requesting Party, or it is still subject to ordinary means of appeal; or

text: the request relates to a confiscation order resulting from a decision rendered in absentia of the person against whom the order was issued and, in the opinion of the requested Party, the proceedings conducted by the requesting Party leading to such decision did not satisfy the minimum rights of defence recognised as due to everyone against whom a criminal charge is made.

text: Co-operation under Section 4 of this chapter may also be refused if:

text: ii property that might be qualified as its instrumentalities; or

text: it has been confirmed or pronounced after opposition by the person concerned; or

text: it has been rendered on appeal, provided that the appeal was lodged by the person concerned.

text: For the purpose of paragraph 4.f of this article a decision is not considered to have been rendered in absentia if:

text: When considering, for the purposes of paragraph 4.f of this article if the minimum rights of defence have been satisfied, the requested Party shall take into account the fact that the person concerned has deliberately sought to evade justice or the fact that that person, having had the possibility of lodging a legal remedy against the decision made in absentia, elected not to do so. The same will apply when the person concerned, having been duly served with the summons to appear, elected not to do so nor to ask for adjournment.

text: A Party shall not invoke bank secrecy as a ground to refuse any co-operation under this chapter. Where its domestic law so requires, a Party may require that a request for cooperation which would involve the lifting of bank secrecy be authorised by either a judge or another judicial authority, including public prosecutors, any of these authorities acting in relation to criminal offences.

text: the fact that the person under investigation or subjected to a confiscation order by the authorities of the requesting Party is a legal person shall not be invoked by the requested Party as an obstacle to affording any co-operation under this chapter;

text: the fact that the natural person against whom an order of confiscation of proceeds has been issued has subsequently died or the fact that a legal person against whom an order of confiscation of proceeds has been issued has subsequently been dissolved shall not be invoked as an obstacle to render assistance in accordance with

text: Article 13

text: , paragraph 1.a.

text: Without prejudice to the ground for refusal provided for in paragraph 1.a of this article:

text: Article 18 – Grounds for refusal

text: The requested Party may postpone action on a request if such action would prejudice investigations or proceedings by its authorities.

text: Article 19 – Postponement

text: Before refusing or postponing co-operation under this chapter, the requested Party shall, where appropriate after having consulted the requesting Party, consider whether the request may be granted partially or subject to such conditions as it deems necessary.

text: Article 20 – Partial or conditional granting of a request

text: Section 6 – Notification and protection of third parties' rights

text: The Parties shall afford each other the widest measure of mutual assistance in the serving of judicial documents to persons affected by provisional measures and confiscation. 2 Nothing in this article is intended to interfere with: a the possibility of sending judicial documents, by postal channels, directly to persons abroad; b the possibility for judicial officers, officials or other competent authorities of the Party of origin to effect service of judicial documents directly through the consular authorities of that Party or through judicial officers, officials or other competent authorities of the Party of destination, unless the Party of destination makes a declaration to the contrary to the Secretary General of the Council of Europe at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession. 3 When serving judicial documents to persons abroad affected by provisional measures or confiscation orders issued in the sending Party, this Party shall indicate what legal remedies are available under its law to such persons.

text: Article 21 – Notification of documents

text: When dealing with a request for co-operation under Sections 3 and 4, the requested Party shall recognise any judicial decision taken in the requesting Party regarding rights claimed by third parties. 2 Recognition may be refused if: a third parties did not have adequate opportunity to assert their rights; or b the decision is incompatible with a decision already taken in the requested Party on the same matter; or c it is incompatible with the ordre public of the requested Party; or d the decision was taken contrary to provisions on exclusive jurisdiction provided for by the law of the requested Party.

text: Article 22 – Recognition of foreign decisions

text: Section 7 – Procedural and other general rules

text: The Parties shall designate a central authority or, if necessary, authorities, which shall be responsible for sending and answering requests made under this chapter, the execution of such requests or the transmission of them to the authorities competent for their execution.

text: Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe the names and addresses of the authorities designated in pursuance of paragraph 1 of this article.

text: Article 23 – Central authority

text: The central authorities shall communicate directly with one another.

text: In the event of urgency, requests or communications under this chapter may be sent directly by the judicial authorities, including public prosecutors, of the requesting Party to such authorities of the requested Party. In such cases a copy shall be sent at the same time to the central authority of the requested Party through the central authority of the requesting Party.

text: Any request or communication under paragraphs 1 and 2 of this article may be made through the International Criminal Police Organisation (Interpol).

text: Where a request is made pursuant to paragraph 2 of this article and the authority is not competent to deal with the request, it shall refer the request to the competent national authority and inform directly the requesting Party that it has done so.

text: Requests or communications under Section 2 of this chapter, which do not involve coercive action, may be directly transmitted by the competent authorities of the requesting Party to the competent authorities of the requested Party.

text: Article 24 – Direct communication

text: All requests under this chapter shall be made in writing. Modern means of telecommunications, such as telefax, may be used.

text: Subject to the provisions of paragraph 3 of this article, translations of the requests or supporting documents shall not be required.

text: At the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, any Party may communicate to the Secretary General of the Council of Europe a declaration that it reserves the right to require that requests made to it and documents supporting such requests be accompanied by a translation into its own language or into one of the official languages of the Council of Europe or into such one of these languages as it shall indicate. It may on that occasion declare its readiness to accept translations in any other language as it may specify. The other Parties may apply the reciprocity rule.

text: Article 25 – Form of request and languages

text: Documents transmitted in application of this chapter shall be exempt from all legalisation formalities.

text: Article 26 – Legalisation

text: when third parties have had the opportunity to claim rights, documents demonstrating that this has been the case.

text: Any request for co-operation under this chapter shall specify: a the authority making the request and the authority carrying out the investigations or proceedings; b the object of and the reason for the request; c the matters, including the relevant facts (such as date, place and circumstances of the offence) to which the investigations or proceedings relate, except in the case of a request for notification; d in so far as the co-operation involves coercive action: i the text of the statutory provisions or, where this is not possible, a statement of the relevant law applicable; and ii an indication that the measure sought or any other measures having similar effects could be taken in the territory of the requesting Party under its own law; e where necessary and in so far as possible: i details of the person or persons concerned, including name, date and place of birth, nationality and location, and, in the case of a legal person, its seat; and ii the property in relation to which co-operation is sought, its location, its connection with the person or persons concerned, any connection with the offence, as well as any available information about other persons, interests in the property; and f any particular procedure the requesting Party wishes to be followed. 2 A request for provisional measures under Section 3 in relation to seizure of property on which a confiscation order consisting in the requirement to pay a sum of money may be realised shall also indicate a maximum amount for which recovery is sought in that property. 3 In addition to the indications mentioned in paragraph 1, any request under Section 4 shall contain: a in the case of

text: Article 13

text: , paragraph 1.a: i a certified true copy of the confiscation order made by the court in the requesting Party and a statement of the grounds on the basis of which the order was made, if they are not indicated in the order itself; ii an attestation by the competent authority of the requesting Party that the confiscation order is enforceable and not subject to ordinary means of appeal; iii information as to the extent to which the enforcement of the order is requested; and iv information as to the necessity of taking any provisional measures; b in the case of

text: Article 13

text: , paragraph 1.b, a statement of the facts relied upon by the requesting Party sufficient to enable the requested Party to seek the order under its domestic law;

text: Article 27 – Content of request

text: If a request does not comply with the provisions of this chapter or the information supplied is not sufficient to enable the requested Party to deal with the request, that Party may ask the requesting Party to amend the request or to complete it with additional information. 2 The requested Party may set a time-limit for the receipt of such amendments or information. 3 Pending receipt of the requested amendments or information in relation to a request under Section 4 of this chapter, the requested Party may take any of the measures referred to in Sections 2 or 3 of this chapter.

text: Article 28 – Defective requests

text: Where the requested Party receives more than one request under Sections 3 or 4 of this chapter in respect of the same person or property, the plurality of requests shall not prevent that Party from dealing with the requests involving the taking of provisional measures. 2 In the case of plurality of requests under Section 4 of this chapter, the requested Party shall consider consulting the requesting Parties.

text: Article 29 – Plurality of requests

text: The requested Party shall give reasons for any decision to refuse, postpone or make conditional any co-operation under this chapter.

text: Article 30 – Obligation to give reasons

text: The requested Party shall promptly inform the requesting Party of: a the action initiated on a request under this chapter; b the final result of the action carried out on the basis of the request; c a decision to refuse, postpone or make conditional, in whole or in part, any co-operation under this chapter; d any circumstances which render impossible the carrying out of the action sought or are likely to delay it significantly; and e in the event of provisional measures taken pursuant to a request under Sections 2 or 3 of this chapter, such provisions of its domestic law as would automatically lead to the lifting of the provisional measure. 2 The requesting Party shall promptly inform the requested Party of: a any review, decision or any other fact by reason of which the confiscation order ceases to be wholly or partially enforceable; and b any development, factual or legal, by reason of which any action under this chapter is no longer justified.

text: Where a Party, on the basis of the same confiscation order, requests confiscation in more than one Party, it shall inform all Parties which are affected by an enforcement of the order about the request.

text: Article 31 – Information

text: The requested Party may make the execution of a request dependent on the condition that the information or evidence obtained will not, without its prior consent, be used or transmitted by the authorities of the requesting Party for investigations or proceedings other than those specified in the request.

text: Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by declaration addressed to the Secretary General of the Council of Europe, declare that, without its prior consent, information or evidence provided by it under this chapter may not be used or transmitted by the authorities of the requesting Party in investigations or proceedings other than those specified in the request.

text: Article 32 – Restriction of use

text: The requesting Party may require that the requested Party keep confidential the facts and substance of the request, except to the extent necessary to execute the request. If the requested Party cannot comply with the requirement of confidentiality, it shall promptly inform the requesting Party.

text: The requesting Party shall, if not contrary to basic principles of its national law and if so requested, keep confidential any evidence and information provided by the requested Party, except to the extent that its disclosure is necessary for the investigations or proceedings described in the request.

text: Subject to the provisions of its domestic law, a Party which has received spontaneous information under

text: Article 10

text: shall comply with any requirement of confidentiality as required by the Party which supplies the information. If the other Party cannot comply with such requirement, it shall promptly inform the transmitting Party.

text: Article 33 – Confidentiality

text: The ordinary costs of complying with a request shall be borne by the requested Party. Where costs of a substantial or extraordinary nature are necessary to comply with a request, the Parties shall consult in order to agree the conditions on which the request is to be executed and how the costs shall be borne.

text: Article 34 – Costs

text: When legal action on liability for damages resulting from an act or omission in relation to cooperation under this chapter has been initiated by a person, the Parties concerned shall consider consulting each other, where appropriate, to determine how to apportion any sum of damages due.

text: A Party which has become subject of a litigation for damages shall endeavour to inform the other Party of such litigation if that Party might have an interest in the case.

text: Article 35 – Damages

text: Chapter IV – Final provisions

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

text: This Convention shall be open for signature by the member States of the Council of Europe and non-member States which have participated in its elaboration. Such 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 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, of which at least two are member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 1.

text: In respect of any signatory State which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of its consent to be bound by the Convention in accordance with the provisions of paragraph 1.

text: Article 36 – Signature and entry into force

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the Contracting States to the Convention, may invite any State not a member of the Council and not having participated in its elaboration to accede to this Convention, by a decision taken by the majority provided for in

text: Article 20

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

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

text: Article 37 – Accession to the Convention

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

text: Any State may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of 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 38 – Territorial application

text: This Convention does not affect the rights and undertakings derived from international multilateral conventions concerning special matters.

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

text: If two or more Parties have already concluded an agreement or treaty in respect of a subject which is dealt with in this Convention or otherwise have established their relations in respect of that subject, they shall be entitled to apply that agreement or treaty or to regulate those relations accordingly, in lieu of the present Convention, if it facilitates international cooperation.

text: Article 39 – Relationship to other conventions and agreements

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it avails itself of one or more of the reservations provided for in

text: Article 2

text: , paragraph 2,

text: Article 6

text: , paragraph 4,

text: Article 14

text: , paragraph 3,

text: Article 21

text: , paragraph 2,

text: Article 25

text: , paragraph 3 and

text: Article 32

text: , paragraph 2. No other reservation may be made.

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

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

text: Article 40 – Reservations

text: Amendments to this Convention may be proposed by any Party, and shall be communicated by the Secretary General of the Council of Europe to the member States of the Council of Europe and to every non-member State which has acceded to or has been invited to accede to this Convention in accordance with the provisions of

text: Article 37

text: Any amendment proposed by a Party shall be communicated to the European Committee on Crime Problems 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 European Committee on Crime Problems and 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 come into force on the thirtieth day after all Parties have informed the Secretary General of their acceptance thereof.

text: Article 41 – Amendments

text: The European Committee on Crime Problems of the Council of Europe shall be kept informed regarding the interpretation and application of this Convention.

text: In case of a dispute between Parties as to the interpretation or application of this Convention, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to the European Committee on Crime Problems, to an arbitral tribunal whose decisions shall be binding upon the Parties, or to the International Court of Justice, as agreed upon by the Parties concerned.

text: Article 42 – Settlement of disputes

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: The present Convention shall, however, continue to apply to the enforcement under

text: Article 14

text: of confiscation for which a request has been made in conformity with the provisions of this Convention before the date on which such a denunciation takes effect.

text: Article 43 – Denunciation

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

text: any signature;

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

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

text: Articles 36

text: and 37;

text: any reservation made under

text: Article 40

text: , paragraph 1;

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

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

text: Done at Strasbourg, the 8th day of November 1990, 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, and to any State invited to accede to it.

text: Article 44 – Notifications


identifier: ETS No. 142

openingPlace: Turin

reference: ETS No. 142

title: Protocol amending the European Social Charter

text: European Treaty Series - No. 142

text: Turin, 21.X.1991

text: The member States of the Council of Europe, signatory to this Protocol to the European Social Charter, opened for signature in Turin on 18 October 1961 (hereinafter referred to as "the Charter"), Being resolved to take some measures to improve the effectiveness of the Charter, and particularly the functioning of its supervisory machinery; Considering therefore that it is desirable to amend certain provisions of the Charter, Have agreed as follows:

text: Article 23 of the Charter shall read as follows:

text: "Article 23 – Communication of copies of reports and comments

text: When sending to the Secretary General a report pursuant to Articles 21 and 22, each Contracting Party shall forward a copy of that report to such of its national organisations as are members of the international organisations of employers and trade unions invited, under Article 27, paragraph 2, to be represented at meetings of the Governmental Committee. Those organisations shall send to the Secretary General any comments on the reports of the Contracting Parties. The Secretary General shall send a copy of those comments to the Contracting Parties concerned, who might wish to respond. 2 The Secretary General shall forward a copy of the reports of the Contracting Parties to the international non-governmental organisations which have consultative status with the Council of Europe and have particular competence in the matters governed by the present Charter. 3 The reports and comments referred to in Articles 21 and 22 and in the present article shall be made available to the public on request."

text: Article 1

text: Article 24 of the Charter shall read as follows:

text: ETS 142 – European Social Charter (Amending Protocol), 21.X.1991 __________________________________________________________________________________

text: "Article 24 – Examination of the reports

text: The reports sent to the Secretary General in accordance with Articles 21 and 22 shall be examined by a Committee of Independent Experts constituted pursuant to Article 25. The committee shall also have before it any comments forwarded to the Secretary General in accordance with paragraph 1 of Article 23. On completion of its examination, the Committee of Independent Experts shall draw up a report containing its conclusions.

text: With regard to the reports referred to in Article 21, the Committee of Independent Experts shall assess from a legal standpoint the compliance of national law and practice with the obligations arising from the Charter for the Contracting Parties concerned.

text: The Committee of Independent Experts may address requests for additional information and clarification directly to Contracting Parties. In this connection the Committee of Independent Experts may also hold, if necessary, a meeting with the representatives of a Contracting Party, either on its own initiative or at the request of the Contracting Party concerned. The organisations referred to in paragraph 1 of Article 23 shall be kept informed.

text: The conclusions of the Committee of Independent Experts shall be made public and communicated by the Secretary General to the Governmental Committee, to the Parliamentary Assembly and to the organisations which are mentioned in paragraph 1 of Article 23 and paragraph 2 of Article 27."

text: Article 2

text: Article 25 of the Charter shall read as follows:

text: "Article 25 – Committee of Independent Experts

text: The Committee of Independent Experts shall consist of at least nine members elected by the Parliamentary Assembly by a majority of votes cast from a list of experts of the highest integrity and of recognised competence in national and international social questions, nominated by the Contracting Parties. The exact number of members shall be determined by the Committee of Ministers.

text: The members of the committee shall be elected for a period of six years. They may stand for re-election once.

text: A member of the Committee of Independent Experts elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor's term.

text: The members of the committee shall sit in their individual capacity. Throughout their term of office, they may not perform any function incompatible with the requirements of independence, impartiality and availability inherent in their office."

text: Article 3

text: Article 27 of the Charter shall read as follows:

text: "Article 27 – Governmental Committee

text: The reports of the Contracting Parties, the comments and information communicated in accordance with paragraphs 1 of Article 23 and 3 of Article 24, and the reports of the Committee of Independent Experts shall be submitted to a Governmental Committee.

text: The committee shall be composed of one representative of each of the Contracting Parties. It shall invite no more than two international organisations of employers and no more than two international trade union organisations to send observers in a consultative capacity to its meetings. Moreover, it may consult representatives of international nongovernmental organisations which have consultative status with the Council of Europe and have particular competence in the matters governed by the present Charter.

text: The Governmental Committee shall prepare the decisions of the Committee of Ministers. In particular, in the light of the reports of the Committee of Independent Experts and of the Contracting Parties, it shall select, giving reasons for its choice, on the basis of social, economic and other policy considerations the situations which should, in its view, be the subject of recommendations to each Contracting Party concerned, in accordance with Article 28 of the Charter. It shall present to the Committee of Ministers a report which shall be made public.

text: On the basis of its findings on the implementation of the Social Charter in general, the Governmental Committee may submit proposals to the Committee of Ministers aiming at studies to be carried out on social issues and on articles of the Charter which possibly might be updated."

text: Article 4

text: Article 28 of the Charter shall read as follows:

text: "Article 28 – Committee of Ministers

text: The Committee of Ministers shall adopt, by a majority of two-thirds of those voting, with entitlement to voting limited to the Contracting Parties, on the basis of the report of the Governmental Committee, a resolution covering the entire supervision cycle and containing individual recommendations to the Contracting Parties concerned.

text: Having regard to the proposals made by the Governmental Committee pursuant to paragraph 4 of Article 27, the Committee of Ministers shall take such decisions as it deems appropriate."

text: Article 5

text: Article 29 of the Charter shall read as follows:

text: "Article 29 – Parliamentary Assembly

text: The Secretary General of the Council of Europe shall transmit to the Parliamentary Assembly, with a view to the holding of periodical plenary debates, the reports of the Committee of Independent Experts and of the Governmental Committee, as well as the resolutions of the Committee of Ministers."

text: Article 6

text: signature without reservation as to ratification, acceptance or approval; or b signature subject to ratification, acceptance or approval, followed by ratification, bacceptance or approval. 2 Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: This Protocol shall be open for signature by member States of the Council of Europe signatories to the Charter, which may express their consent to be bound by:

text: Article 7

text: This Protocol shall enter into force on the thirtieth day after the date on which all Contracting Parties to the Charter have expressed their consent to be bound by the Protocol in accordance with the provisions of

text: Article 7

text: Article 8

text: The Secretary General of the Council of Europe shall notify the member States of the Council of: 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 8

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. Done at Turin, this 21st day of October 1991, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.

text: Article 9


identifier: ETS No. 143

openingPlace: Valletta

reference: ETS No. 143

title: European Convention on the Protection of the Archaeological Heritage (Revised)

text: European Treaty Series - No. 143

text: (Revised)

text: Valetta, 16.I.1992

text: Preamble

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

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

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

text: Articles 1

text: and 5 thereof;

text: Having regard to the Convention for the Protection of the Architectural Heritage of Europe signed in Granada on 3 October 1985;

text: Having regard to the European Convention on Offences relating to Cultural Property signed in Delphi on 23 June 1985;

text: Having regard to the recommendations of the Parliamentary Assembly relating to archaeology and in particular Recommendations 848 (1978), 921 (1981) and 1072 (1988);

text: Having regard to Recommendation No. R (89) 5 concerning the protection and enhancement of the archaeological heritage in the context of town and country planning operations;

text: Recalling that the archaeological heritage is essential to a knowledge of the history of mankind;

text: Acknowledging that the European archaeological heritage, which provides evidence of ancient history, is seriously threatened with deterioration because of the increasing number of major planning schemes, natural risks, clandestine or unscientific excavations and insufficient public awareness;

text: Affirming that it is important to institute, where they do not yet exist, appropriate administrative and scientific supervision procedures, and that the need to protect the archaeological heritage should be reflected in town and country planning and cultural development policies;

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 143 – Archaeological Heritage (Revised), 16.I.1992 __________________________________________________________________________________

text: Stressing that responsibility for the protection of the archaeological heritage should rest not only with the State directly concerned but with all European countries, the aim being to reduce the risk of deterioration and promote conservation by encouraging exchanges of experts and the comparison of experiences; Noting the necessity to complete the principles set forth in the European Convention for the Protection of the Archaeological Heritage signed in London on 6 May 1969, as a result of evolution of planning policies in European countries, Have agreed as follows:

text: Definition of the archaeological heritage

text: The aim of this (revised) Convention is to protect the archaeological heritage as a source of the European collective memory and as an instrument for historical and scientific study. 2 To this end shall be considered to be elements of the archaeological heritage all remains and objects and any other traces of mankind from past epochs: i the preservation and study of which help to retrace the history of mankind and its relation with the natural environment; ii for which excavations or discoveries and other methods of research into mankind and the related environment are the main sources of information; and iii which are located in any area within the jurisdiction of the Parties. 3 The archaeological heritage shall include structures, constructions, groups of buildings, developed sites, moveable objects, monuments of other kinds as well as their context, whether situated on land or under water.

text: Identification of the heritage and measures for protection

text: Article 1

text: Each Party undertakes to institute, by means appropriate to the State in question, a legal system for the protection of the archaeological heritage, making provision for: i the maintenance of an inventory of its archaeological heritage and the designation of protected monuments and areas; ii the creation of archaeological reserves, even where there are no visible remains on the ground or under water, for the preservation of material evidence to be studied by later generations; iii the mandatory reporting to the competent authorities by a finder of the chance discovery of elements of the archaeological heritage and making them available for examination.

text: Article 2

text: To preserve the archaeological heritage and guarantee the scientific significance of archaeological research work, each Party undertakes:

ordinal: i

text: to apply procedures for the authorisation and supervision of excavation and other archaeological activities in such a way as: a to prevent any illicit excavation or removal of elements of the archaeological heritage; b to ensure that archaeological excavations and prospecting are undertaken in a scientific manner and provided that: – non-destructive methods of investigation are applied wherever possible; – the elements of the archaeological heritage are not uncovered or left exposed during or after excavation without provision being made for their proper preservation, conservation and management; ii to ensure that excavations and other potentially destructive techniques are carried out only by qualified, specially authorised persons; iii to subject to specific prior authorisation, whenever foreseen by the domestic law of the State, the use of metal detectors and any other detection equipment or process for archaeological investigation.

text: Article 3

text: Each Party undertakes to implement measures for the physical protection of the archaeological heritage, making provision, as circumstances demand: i for the acquisition or protection by other appropriate means by the authorities of areas intended to constitute archaeological reserves; ii for the conservation and maintenance of the archaeological heritage, preferably in situ; iii for appropriate storage places for archaeological remains which have been removed from their original location.

text: Integrated conservation of the archaeological heritage

text: Article 4

text: Each Party undertakes: i to seek to reconcile and combine the respective requirements of archaeology and development plans by ensuring that archaeologists participate: a in planning policies designed to ensure well-balanced strategies for the protection, conservation and enhancement of sites of archaeological interest; b in the various stages of development schemes; ii to ensure that archaeologists, town and regional planners systematically consult one another in order to permit: a the modification of development plans likely to have adverse effects on the archaeological heritage;

text: the allocation of sufficient time and resources for an appropriate scientific study to be made of the site and for its findings to be published;

text: iii to ensure that environmental impact assessments and the resulting decisions involve full consideration of archaeological sites and their settings;

text: iv to make provision, when elements of the archaeological heritage have been found during development work, for their conservation in situ when feasible;

ordinal: v

text: to ensure that the opening of archaeological sites to the public, especially any structural arrangements necessary for the reception of large numbers of visitors, does not adversely affect the archaeological and scientific character of such sites and their surroundings.

text: Financing of archaeological research and conservation

text: Article 5

text: Each Party undertakes:

text: to arrange for public financial support for archaeological research from national, regional and local authorities in accordance with their respective competence;

text: ii to increase the material resources for rescue archaeology:

text: by taking suitable measures to ensure that provision is made in major public or private development schemes for covering, from public sector or private sector resources, as appropriate, the total costs of any necessary related archaeological operations;

text: by making provision in the budget relating to these schemes in the same way as for the impact studies necessitated by environmental and regional planning precautions, for preliminary archaeological study and prospection, for a scientific summary record as well as for the full publication and recording of the findings.

text: Collection and dissemination of scientific information

text: Article 6

text: For the purpose of facilitating the study of, and dissemination of knowledge about, archaeological discoveries, each Party undertakes:

text: to make or bring up to date surveys, inventories and maps of archaeological sites in the areas within its jurisdiction;

text: ii to take all practical measures to ensure the drafting, following archaeological operations, of a publishable scientific summary record before the necessary comprehensive publication of specialised studies.

text: Article 7

text: Each Party undertakes:

text: to facilitate the national and international exchange of elements of the archaeological heritage for professional scientific purposes while taking appropriate steps to ensure that such circulation in no way prejudices the cultural and scientific value of those elements;

text: ii to promote the pooling of information on archaeological research and excavations in progress and to contribute to the organisation of international research programmes.

text: Promotion of public awareness

text: Article 8

text: Each Party undertakes: i to conduct educational actions with a view to rousing and developing an awareness in public opinion of the value of the archaeological heritage for understanding the past and of the threats to this heritage; ii to promote public access to important elements of its archaeological heritage, especially sites, and encourage the display to the public of suitable selections of archaeological objects.

text: Prevention of the illicit circulation of elements of the archaeological heritage

text: Article 9

text: Each Party undertakes: i to arrange for the relevant public authorities and for scientific institutions to pool information on any illicit excavations identified; ii to inform the competent authorities in the State of origin which is a Party to this Convention of any offer suspected of coming either from illicit excavations or unlawfully from official excavations, and to provide the necessary details thereof; iii to take such steps as are necessary to ensure that museums and similar institutions whose acquisition policy is under State control do not acquire elements of the archaeological heritage suspected of coming from uncontrolled finds or illicit excavations or unlawfully from official excavations; iv as regards museums and similar institutions located in the territory of a Party but the acquisition policy of which is not under State control: a to convey to them the text of this (revised) Convention; b to spare no effort to ensure respect by the said museums and institutions for the principles set out in paragraph 3 above; v to restrict, as far as possible, by education, information, vigilance and co-operation, the transfer of elements of the archaeological heritage obtained from uncontrolled finds or illicit excavations or unlawfully from official excavations.

text: Article 10

text: Nothing in this (revised) Convention shall affect existing or future bilateral or multilateral treaties between Parties, concerning the illicit circulation of elements of the archaeological heritage or their restitution to the rightful owner.

text: Mutual technical and scientific assistance

text: Article 11

text: The Parties undertake:

text: to afford mutual technical and scientific assistance through the pooling of experience and exchanges of experts in matters concerning the archaeological heritage;

text: ii to encourage, under the relevant national legislation or international agreements binding them, exchanges of specialists in the preservation of the archaeological heritage, including those responsible for further training.

text: Control of the application of the (revised) Convention

text: Article 12

text: For the purposes of this (revised) Convention, a committee of experts, set up by the Committee of Ministers of the Council of Europe pursuant to

text: Article 17

text: of the Statute of the Council of Europe, shall monitor the application of the (revised) Convention and in particular:

text: report periodically to the Committee of Ministers of the Council of Europe on the situation of archaeological heritage protection policies in the States Parties to the (revised) Convention and on the implementation of the principles embodied in the (revised) Convention;

text: ii propose measures to the Committee of Ministers of the Council of Europe for the implementation of the (revised) Convention's provisions, including multilateral activities, revision or amendment of the (revised) Convention and informing public opinion about the purpose of the (revised) Convention;

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

text: Final clauses

text: Article 13

text: This (revised) Convention shall be open for signature by the member States of the Council of Europe and the other States party to the European Cultural Convention.

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

text: No State party to the European Convention on the Protection of the Archaeological Heritage, signed in London on 6 May 1969, may deposit its instrument of ratification, acceptance or approval unless it has already denounced the said Convention or denounces it simultaneously.

text: This (revised) Convention shall enter into force six months after the date on which four States, including at least three member States of the Council of Europe, have expressed their consent to be bound by the (revised) Convention in accordance with the provisions of the preceding paragraphs.

text: Whenever, in application of the preceding two paragraphs, the denunciation of the Convention of 6 May 1969 would not become effective simultaneously with the entry into force of this (revised) Convention, a Contracting State may, when depositing its instrument of ratification, acceptance or approval, declare that it will continue to apply the Convention of 6 May 1969 until the entry into force of this (revised) Convention.

text: In respect of any signatory State which subsequently expresses its consent to be bound by it, the (revised) Convention shall enter into force six months after the date of the deposit of the instrument of ratification, acceptance or approval.

text: Article 14

text: After the entry into force of this (revised) Convention, the Committee of Ministers of the Council of Europe may invite any other State not a member of the Council and the European Economic Community, to accede to this (revised) Convention by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee.

text: In respect of any acceding State or, should it accede, the European Economic Community, the (revised) Convention shall enter into force six months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

text: Article 15

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

text: Any State may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this (revised) Convention to any other territory specified in the declaration. In respect of such territory the (revised) Convention shall enter into force six 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 six months after the date of receipt of such notification by the Secretary General.

text: Article 16

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

text: Such denunciation shall become effective six months following the date of receipt of such notification by the Secretary General.

text: Article 17

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the other States party to the European Cultural Convention and any State or the European Economic Community which has acceded or has been invited to accede to this (revised) Convention of:

text: any signature;

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

text: iii any date of entry into force of this (revised) Convention in accordance with

text: Articles 14

text: , 15 and 16;

text: iv any other act, notification or communication relating to this (revised) Convention.

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

text: Done at Valletta, this 16th day of January 1992, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the other States party to the European Cultural Convention, and to any non-member State or the European Economic Community invited to accede to this (revised) Convention.

text: Article 18


identifier: ETS No. 144

reference: ETS No. 144

title: Convention on the Participation of Foreigners in Public Life at Local Level

text: European Treaty Series - No. 144

text: Strasbourg, 5.II.1992

text: Preamble

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress while respecting human rights and fundamental freedoms; Reaffirming their commitment to the universal and indivisible nature of human rights and fundamental freedoms based on the dignity of all human beings; Having regard to

text: Articles 10

text: and

text: of the

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

text: ; Considering that the residence of foreigners on the national territory is now a permanent feature of European societies; Considering that foreign residents generally have the same duties as citizens at local level; Aware of the active participation of foreign residents in the life of the local community and the development of its prosperity, and convinced of the need to improve their integration into the local community, especially by enhancing the possibilities for them to participate in local public affairs, Have agreed as follows:

text: Part I

text: Each Party shall apply the provisions of Chapters A, B, and C. However, any Contracting State may declare, when depositing its instrument of ratification, acceptance, approval or accession, that it reserves the right not to apply the provisions of either Chapter B or Chapter C or both. 2 Each Party which has declared that it will apply one or two chapters only may, at any subsequent time, notify the Secretary General that it agrees to apply the provisions of the chapter or chapters which it had not accepted at the moment of depositing its instrument of ratification, acceptance, approval or accession.

text: ETS 144 – Participation of Foreigners in Public Life, 5.II.1992 __________________________________________________________________________________

text: Article 1

text: For the purposes of this Convention, the term "foreign residents" means persons who are not nationals of the State and who are lawfully resident on its territory.

text: Chapter A – Freedoms of expression, assembly and association

text: Article 2

text: Each Party undertakes, subject to the provisions of

text: Article 9

text: , to guarantee to foreign residents, on the same terms as to its own nationals:

text: the right to freedom of expression; this right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises;

text: the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of their interests. In particular, the right to freedom of association shall imply the right of foreign residents to form local associations of their own for purposes of mutual assistance, maintenance and expression of their cultural identity or defence of their interests in relation to matters falling within the province of the local authority, as well as the right to join any association.

text: Article 3

text: Each Party shall endeavour to ensure that reasonable efforts are made to involve foreign residents in public inquiries, planning procedures and other processes of consultation on local matters.

text: Chapter B – Consultative bodies to represent foreign residents at local level

text: Article 4

text: to ensure that there are no legal or other obstacles to prevent local authorities in whose area there is a significant number of foreign residents from setting up consultative bodies or making other appropriate institutional arrangements designed:

text: to form a link between themselves and such residents,

text: to encourage and facilitate the establishment of such consultative bodies or the making of other appropriate institutional arrangements for the representation of foreign residents by local authorities in whose area there is a significant number of foreign residents.

text: Article 9

text: , paragraph 1:

text: ii to provide a forum for the discussion and formulation of the opinions, wishes and concerns of foreign residents on matters which particularly affect them in relation to local public life, including the activities and responsibilities of the local authority concerned, and

text: iii to foster their general integration into the life of the community;

text: Each Party shall ensure that representatives of foreign residents participating in the consultative bodies or other institutional arrangements referred to in paragraph 1 can be elected by the foreign residents in the local authority area or appointed by individual associations of foreign residents.

text: Article 5

text: Chapter C – Right to vote in local authority elections

text: Article 9

text: , paragraph 1, to grant to every foreign resident the right to vote and to stand for election in local authority elections, provided that he fulfils the same legal requirements as apply to nationals and furthermore has been a lawful and habitual resident in the State concerned for the 5 years preceding the elections.

text: However, a Contracting State may declare, when depositing its instrument of ratification, acceptance, approval or accession, that it intends to confine the application of paragraph 1 to the right to vote only.

text: Article 6

text: Each Party may, either unilaterally or by bilateral or multilateral agreement, stipulate that the residence requirements laid down in

text: Article 6

text: are satisfied by a shorter period of residence.

text: Article 7

text: Part II

text: Each Party shall endeavour to ensure that information is available to foreign residents concerning their rights and obligations in relation to local public life.

text: Article 8

text: In time of war or other public emergency threatening the life of the nation, the rights accorded to foreign residents under Part I may be subjected to further restrictions to the extent strictly required by the exigencies of the situation, provided that such restrictions are not inconsistent with the Party's other obligations under international law.

text: As the right recognised by

text: Article 3

text: .a carries with it duties and responsibilities, it may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

text: The right recognised by

text: Article 3

text: .b may not be subject to any restrictions other than such as are prescribed by law and are necessary in a democratic society, in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others.

text: Any measure taken in accordance with the present article must be notified to the Secretary General of the Council of Europe, who shall inform the other Parties. The same procedure shall apply when such measures are revoked.

text: Nothing in this Convention shall be construed as limiting or derogating from any of the rights which may be guaranteed under the laws of any Party or under any other treaty to which it is a party.

text: Article 9

text: Each Party shall inform the Secretary General of the Council of Europe of any legislative provision or other measure adopted by the competent authorities on its territory which relates to its undertakings under the terms of this Convention.

text: Article 10

text: Part III

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

text: Article 11

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 four member States of the Council of Europe have expressed their consent to be bound by the Convention in accordance with the provisions of

text: Article 11

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

text: Article 12

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any State not a member of the Council of Europe to accede to this Convention, by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee.

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 13

text: Undertakings subsequently given by Parties to the Convention in accordance with

text: Article 1

text: , paragraph 2, shall be deemed to be an integral part of the ratification, acceptance, approval or accession of the Party so notifying, and shall have the same effect as from the first day of the month following the expiration of a period of three months after the date of the receipt of the notification by the Secretary General.

text: Article 14

text: The provisions of this Convention shall apply to all the categories of local authorities existing within the territory of each Party. However, each Contracting State may, when depositing its instrument of ratification, acceptance, approval or accession, specify the categories of territorial authorities to which it intends to confine the scope of this Convention or which it intends to exclude from its scope.

text: Article 15

text: Any State may at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply. 2 Any State may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General. 3 Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawal shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of such notification by the Secretary General.

text: Article 16

text: No reservation may be made in respect of the provisions of this Convention, other than that mentioned in

text: Article 1

text: , paragraph 1.

text: Article 17

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

text: Article 18

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

text: Articles 12

text: , 13 and 16; d any notification received in application of the provisions of

text: Article 1

text: , paragraph 2; e any notification received in application of the provisions of

text: Article 9

text: , paragraph 4; f any other act, notification or communication relating to this Convention. In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Strasbourg, this 5th day of February 1992, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State invited to accede to this Convention.

text: Article 19


identifier: ETS No. 145

reference: ETS No. 145

title: Protocol of Amendment to the European Convention for the Protection of Animals kept for Farming Purposes

text: European Treaty Series - No. 145

text: Animals kept for Farming Purposes

text: Strasbourg, 6.II.1992

text: The member States of the Council of Europe, and the European Economic Community, signatory hereto,

text: Having regard to the European Convention for the Protection of Animals kept for Farming Purposes of 10 March 1976, hereinafter called "the Convention";

text: Considering that it is desirable to extend explicitly the scope of the Convention to apply also to certain aspects of developments in animal husbandry techniques, in particular in respect of biotechnology, and to the killing of animals on the farm and, at the same time to adapt some provisions of the Convention to the evolving situation in respect of animal husbandry,

text: Have agreed as follows:

text: Article 1

text: of the Convention shall be amended to read:

text: "This Convention shall apply to the breeding, keeping, care and housing of animals and in particular to animals in intensive stock-farming systems. For the purposes of this Convention "animals" shall mean animals bred or kept for the production of food, wool, skin or fur, or for other farming purposes, including animals produced as a result of genetic modifications or novel genetic combinations. "Intensive stock farming systems" shall mean husbandry methods in which animals are kept in such numbers or density, or in such conditions, or at such production levels, that their health and welfare depend upon frequent human attention."

text: Article 1

text: A new

text: Article 3

text: shall be inserted in the Convention which reads as follows:

text: "Natural or artificial breeding or breeding procedures which cause or are likely to cause suffering or injury to any of the animals involved shall not be practised; no animal shall be kept for farming purposes unless it can be reasonably expected, on the basis of its phenotype or genotype, that it can be kept without detrimental effects on its health or welfare."

text: Article 2

text: Article 3

text: of the Convention shall be re-numbered Article 3bis.

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 145 – Protection of Animals kept for Farming purposes (Protocol), 6.II.1992 __________________________________________________________________________________

text: Article 3

text: Article 6

text: "No animal shall be provided with food or liquid in a manner, nor shall such food or liquid contain any substance, which may cause unnecessary suffering or injury.

text: No other substance with the exception of those given for therapeutic or prophylactic purposes shall be administered to an animal unless it has been demonstrated by scientific studies of animal welfare or established experience that the effect of the substance is not detrimental to the health or welfare of the animal."

text: Article 4

text: Article 7

text: “1 The condition and state of health and welfare of animals shall be thoroughly inspected at intervals sufficient to avoid unnecessary suffering and in the case of animals kept in intensive stock-farming systems at least once a day.

text: When an animal is to be killed on the farm, this shall be done competently and in any case without causing unnecessary pain or distress to the animal or to other animals.

text: Technical equipment used in intensive stock-farming systems shall be thoroughly inspected at least once a day, and any defect discovered shall be remedied with the least possible delay. When a defect cannot be remedied forthwith, all temporary measures necessary to safeguard the health and welfare of the animals shall be taken immediately."

text: Article 5

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

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

text: This Protocol of amendment shall be open for signature by the member States of the Council of Europe which have signed or acceded to the Convention, and by the European Economic Community, which may become Parties to this Protocol of amendment by:

text: No member State of the Council of Europe shall sign without reservation as to ratification, acceptance or approval, or deposit an instrument of ratification, acceptance or approval, unless it is already or becomes simultaneously a Party to the Convention.

text: Any State not a member of the Council which has acceded to the Convention may also accede to this Protocol of amendment.

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

text: Article 6

text: This Protocol of amendment shall enter into force on the first day of the month following the date on which all the Parties to the Convention have become Parties to this Protocol of amendment in accordance with the provisions of

text: Article 6

text: Article 7

text: From the date of its entry into force, this Protocol of amendment shall form an integral part of the Convention.

text: Article 8

text: No reservation may be made in respect of the provisions of this Protocol.

text: Article 9

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

text: Article 7

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

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol. Done at Strasbourg, this 6th day of February 1992, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to any other Contracting State to the Convention and to the European Economic Community.

text: Article 10


identifier: ETS No. 146

reference: ETS No. 146

title: Protocol No. 10 to the Convention for the Protection of Human Rights and Fundamental Freedoms

text: European Treaty Series - No. 146

text: Fundamental Freedoms

text: Strasbourg, 25.III.1992

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

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

text: , signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention"), Considering that it is advisable to amend Article 32 of the Convention with a view to the reduction of the two-thirds majority provided therein, Have agreed as follows:

text: The words "of two-thirds" shall be deleted from paragraph 1 of Article 32 of the Convention.

text: Article 1

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 2

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 2

text: Article 3

text: The Secretary General of the Council of Europe shall notify the member States of the Council of: _____ (*) This Protocol has lost its purpose as from the date of entry into force of Protocol No. 11 (ETS No. 155) on 1 November 1998.

text: ETS 146 – Human Rights (Protocol No. 10), 25.III.1992 __________________________________________________________________________________

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

text: Article 3

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

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol. Done at Strasbourg, this 25th day of March 1992, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.

text: Article 4