identifier: ETS No. 174

reference: ETS No. 174

title: Civil Law Convention on Corruption

text: European Treaty Series - No. 174

text: Civil Law Convention on Corruption

text: Strasbourg, 4.XI.1999

text: Preamble

text: The member States of the Council of Europe, the other States and the European Community, signatories hereto,

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

text: Conscious of the importance of strengthening international co-operation in the fight against corruption;

text: Emphasising that corruption represents a major threat to the rule of law, democracy and human rights, fairness and social justice, hinders economic development and endangers the proper and fair functioning of market economies;

text: Recognising the adverse financial consequences of corruption to individuals, companies and States, as well as international institutions;

text: Convinced of the importance for civil law to contribute to the fight against corruption, in particular by enabling persons who have suffered damage to receive fair compensation;

text: Recalling the conclusions and resolutions of the 19th (Malta, 1994), 21st (Czech Republic, 1997) and 22nd (Moldova, 1999) Conferences of the European Ministers of Justice;

text: Taking into account the Programme of Action against Corruption adopted by the Committee of Ministers in November 1996;

text: Taking also into account the feasibility study on the drawing up of a convention on civil remedies for compensation for damage resulting from acts of corruption, approved by the Committee of Ministers in February 1997;

text: Having regard to Resolution (97) 24 on the 20 Guiding Principles for the Fight against Corruption, adopted by the Committee of Ministers in November 1997, at its 101st Session, to Resolution (98) 7 authorising the adoption of the Partial and Enlarged Agreement establishing the "Group of States against Corruption (GRECO)", adopted by the Committee of Ministers in May 1998, at its 102nd Session, and to Resolution (99) 5 establishing the GRECO, adopted on 1st May 1999;

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 174 – Civil Law Convention on Corruption, 4.XI.1999 __________________________________________________________________________________

text: Recalling the Final Declaration and the Action Plan adopted by the Heads of State and Government of the member States of the Council of Europe at their 2nd summit in Strasbourg, in October 1997, Have agreed as follows:

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

text: Each Party shall provide in its internal law for effective remedies for persons who have suffered damage as a result of acts of corruption, to enable them to defend their rights and interests, including the possibility of obtaining compensation for damage.

text: Article 1 – Purpose

text: For the purpose of this Convention, "corruption" means requesting, offering, giving or accepting, directly or indirectly, a bribe or any other undue advantage or prospect thereof, which distorts the proper performance of any duty or behaviour required of the recipient of the bribe, the undue advantage or the prospect thereof.

text: Article 2 – Definition of corruption

text: Each Party shall provide in its internal law for persons who have suffered damage as a result of corruption to have the right to initiate an action in order to obtain full compensation for such damage. 2 Such compensation may cover material damage, loss of profits and non-pecuniary loss.

text: Article 3 – Compensation for damage

text: Each Party shall provide in its internal law for the following conditions to be fulfilled in order for the damage to be compensated: i the defendant has committed or authorised the act of corruption, or failed to take reasonable steps to prevent the act of corruption; ii the plaintiff has suffered damage; and iii there is a causal link between the act of corruption and the damage. 2 Each Party shall provide in its internal law that, if several defendants are liable for damage for the same corrupt activity, they shall be jointly and severally liable.

text: Article 4 – Liability

text: Each Party shall provide in its internal law for appropriate procedures for persons who have suffered damage as a result of an act of corruption by its public officials in the exercise of their functions to claim for compensation from the State or, in the case of a non-state Party, from that Party’s appropriate authorities.

text: Article 5 – State responsibility

text: Each Party shall provide in its internal law for the compensation to be reduced or disallowed having regard to all the circumstances, if the plaintiff has by his or her own fault contributed to the damage or to its aggravation.

text: Article 6 – Contributory negligence

text: Each Party shall provide in its internal law for proceedings for the recovery of damages to be subject to a limitation period of not less than three years from the day the person who has suffered damage became aware or should reasonably have been aware, that damage has occurred or that an act of corruption has taken place, and of the identity of the responsible person. However, such proceedings shall not be commenced after the end of a limitation period of not less than ten years from the date of the act of corruption.

text: The laws of the Parties regulating suspension or interruption of limitation periods shall, if appropriate, apply to the periods prescribed in paragraph 1.

text: Article 7 – Limitation periods

text: Each Party shall provide in its internal law for any contract or clause of a contract providing for corruption to be null and void.

text: Each Party shall provide in its internal law for the possibility for all parties to a contract whose consent has been undermined by an act of corruption to be able to apply to the court for the contract to be declared void, notwithstanding their right to claim for damages.

text: Article 8 – Validity of contracts

text: Each Party shall provide in its internal law for appropriate protection against any unjustified sanction for employees who have reasonable grounds to suspect corruption and who report in good faith their suspicion to responsible persons or authorities.

text: Article 9 – Protection of employees

text: Each Party shall, in its internal law, take any necessary measures for the annual accounts of companies to be drawn up clearly and give a true and fair view of the company's financial position.

text: With a view to preventing acts of corruption, each Party shall provide in its internal law for auditors to confirm that the annual accounts present a true and fair view of the company’s financial position.

text: Article 10 – Accounts and audits

text: Each Party shall provide in its internal law for effective procedures for the acquisition of evidence in civil proceedings arising from an act of corruption.

text: Article 11 – Acquisition of evidence

text: Each Party shall provide in its internal law for such court orders as are necessary to preserve the rights and interests of the parties during civil proceedings arising from an act of corruption.

text: Article 12 – Interim measures

text: Chapter II – International co-operation and monitoring of implementation

text: The Parties shall co-operate effectively in matters relating to civil proceedings in cases of corruption, especially concerning the service of documents, obtaining evidence abroad, jurisdiction, recognition and enforcement of foreign judgements and litigation costs, in accordance with the provisions of relevant international instruments on international cooperation in civil and commercial matters to which they are Party, as well as with their internal law.

text: Article 13 – International co-operation

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

text: Article 14 – Monitoring

text: Chapter III – Final clauses

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

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

text: This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which fourteen signatories have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 1. Any such signatory, which is not a member of the Group of States against Corruption (GRECO) at the time of ratification, acceptance or approval, shall automatically become a member on the date the Convention enters into force.

text: In respect of any signatory 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 their consent to be bound by the Convention in accordance with the provisions of paragraph 1. Any signatory, which is not a member of the Group of States against Corruption (GRECO) at the time of ratification, acceptance or approval, shall automatically become a member on the date the Convention enters into force in its respect.

text: Any particular modalities for the participation of the European Community in the Group of States against Corruption (GRECO) shall be determined as far as necessary by a common agreement with the European Community.

text: Article 15 – 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 Parties 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 Parties entitled to sit on the Committee.

text: In respect of any State acceding to 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 deposit of the instrument of accession with the Secretary General of the Council of Europe. Any State acceding to this Convention shall automatically become a member of the GRECO, if it is not already a member at the time of accession, on the date the Convention enters into force in its respect.

text: Article 16 – Accession to the Convention

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

text: Article 17 – Reservations

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

text: Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. 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 18 – Territorial application

text: This Convention does not affect the rights and undertakings derived from international multilateral instruments 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 or, without prejudice to the objectives and principles of this Convention, submit themselves to rules on this matter within the framework of a special system which is binding at the moment of the opening for signature of this Convention.

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 these relations accordingly, in lieu of the present Convention.

text: Article 19 – Relationship to other instruments and agreements

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, to the non member States which have participated in the elaboration of this Convention, to the European Community, as well as to any State which has acceded to or has been invited to accede to this Convention in accordance with the provisions of

text: Article 16

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

text: The Committee of Ministers shall consider the proposed amendment and the opinion submitted by the European Committee on Legal Co-operation (CDCJ) and, following consultation of the Parties to the Convention which are not members of the Council of Europe, may adopt the amendment.

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

text: Any amendment adopted in accordance with paragraph 3 of this article shall come into force on the thirtieth day after all Parties have informed the Secretary General of their acceptance thereof.

text: Article 20 – Amendments

text: The European Committee on Legal Co-operation (CDCJ) 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 Legal Cooperation (CDCJ), 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 21 – 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: Article 22 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council and any other signatories and Parties 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 15

text: and 16;

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

text: Done at Strasbourg, the 4th day of November 1999, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, to the European Community, as well as to any State invited to accede to it.

text: Article 23 – Notification

title: Civil Law Convention on Corruption


doctype: treaty

identifier: ETS No. 175

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: ETS No. 175

title: European Convention on the Promotion of a Transnational Long-Term Voluntary Service for Young People

text: European Treaty Series - No. 175

type: stycke

text: European Convention on the Promotion of a Transnational Long-term Voluntary Service for Young People

text: Strasbourg, 11.V.2000

text: Preamble

text: The member States of the Council of Europe and the other States Parties to the European Cultural Convention, signatory hereto, Considering that the aim of the Council of Europe is to achieve greater unity between its members; Considering that promoting transnational long-term voluntary service is an important part of governmental policy in respect of young people; Acknowledging more particularly the need to develop and promote transnational long-term voluntary service, in all its forms, at European level; Considering that transnational voluntary service, carried out abroad with other young people, contributes to civic education, intercultural projects and the acquisition of a European consciousness; Believing that transnational long-term voluntary service, while providing non-formal education for volunteers and for the people with whom they collaborate, constitutes an opportunity for young people to learn and promote solidarity, as well as to serve society; Aware of the difficulties of young volunteers wishing to perform voluntary service abroad; Stressing the importance of equal opportunities for young people and considering that transnational long-term voluntary service should be open to all young people notwithstanding their financial resources; Considering that public authorities can contribute to ensuring and supervising the implementation of the above principles within the framework of their national legislation and according to the rules in their respective countries, Have agreed as follows:

text: Chapter I – General provisions

type: rubrik

text: Voluntary service shall pursue an educational aim and contain elements of intercultural learning; it shall be carried out by volunteers under the responsibility of organisations as defined in

text: Article 2

text: , paragraph 2, of this Convention.

text: ETS 175 – Transnational Long-term Voluntary Service for Young People, 11.V.2000 __________________________________________________________________________________

text: Voluntary service must be based on a non remunerated activity and a free personal decision of the volunteer.

text: Transnational long-term voluntary service does not replace the compulsory national service, where this exists, and cannot replace remunerated employment.

text: Article 1 – Object and purposes of the voluntary service

type: artikel

text: For the purposes of this Convention:

text: "The volunteer" means a person legally residing in one Party who is legally present in the territory of another Party for a continuous period of time, not less than three months and not longer than twelve months, to perform full-time voluntary service activities. The volunteer may either belong to or co-operate with the sending or receiving organisations mentioned in

text: Article 2

text: , paragraph 2.

text: "Sending or receiving organisations" means:

text: – non-profit-making and non-governmental organisations undertaking voluntary service for the benefit of society, and contributing to the development of democracy and solidarity; or

text: – youth organisations, that is, non-governmental organisations run for and by young people; or

text: – local public authorities; or

text: – any other organisation wishing to develop specific voluntary projects which will be approved by the co-ordinating bodies defined in

text: Article 4

text: "Transnational long-term voluntary service" means an activity voluntarily undertaken abroad, without any remuneration for the volunteer, providing a mutual non-formal education process for the volunteer and for the people with whom he or she collaborates.

text: "Co-ordinating body" means any authority appointed by a Party in accordance with the provisions of

text: Article 4

text: of this Convention.

text: Article 2 – Definitions

text: The Parties undertake to afford each other the widest possible measure of co-operation in respect of transnational long-term voluntary service, in accordance with the provisions of this Convention.

text: The Parties further undertake to promote the development of a common concept of transnational long-term voluntary service.

text: The provisions of this Convention shall not affect more favourable provisions within national legislation concerning the status or the legal regime of voluntary service.

text: Article 3 – Undertakings of the Parties

text: The Parties shall designate the co-ordinating bodies which shall be entrusted with the tasks described in this Convention.

text: Each Party shall, at the time of signature or when depositing its instruments of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe the name and address of the co-ordinating body designated in pursuance of paragraph 1 of this article.

text: Each co-ordinating body, or body appointed by the latter, shall grant recognition to sending and receiving organisations within their country, in compliance with the provisions of this Convention.

text: Each co-ordinating body, or body appointed by the latter, is entrusted with approving the activities of transnational long term voluntary service to be carried out on its territory, thirty days prior to the beginning of service, certifying that they are in accordance with the provisions of national legislation and

text: Article 6

text: of this Convention.

text: For the purpose of implementation of this Convention, each co-ordinating body or body appointed by the latter shall exchange information concerning protection against the risks referred to in

text: Article 11

text: , and shall use its best endeavours to ensure appropriate supervision and evaluation of the activities of transnational long-term voluntary service.

text: Each co-ordinating body, or body appointed by the latter, shall use its best endeavours to facilitate the settlement of any difficulty to which the implementation of the contract concluded in accordance with the provisions of

text: Article 6

text: may give rise.

text: Article 4 – Co-ordinating bodies

text: Chapter II – Transnational long-term voluntary service activities

text: Volunteers shall be over 18 and under 25 years of age at the beginning of service.

text: Nevertheless, the Parties may conclude bilateral or multilateral agreements with one another derogating from the provisions of paragraph 1.

text: Article 5 – Age limits

text: All activity shall be subject to a contract and be performed in accordance with the legislation of the receiving State.

text: A model contract is contained in Appendix I to the Convention; it is intended for guidance only and has no treaty value.

text: A copy of the contract mentioned in paragraph 1 shall be deposited with the co-ordinating body of the receiving state or a body appointed by the former.

text: The contract shall specify inter alia the conditions under which the volunteer is to carry out the activities of the receiving organisation.

text: Article 6 – Contract

text: Each Party shall ensure that the sending organisation will provide a medical certificate issued by the public health authorities, established less than three months before the start of voluntary service, indicating the general state of health of the volunteer.

text: Article 7 – Medical certificate

text: Each Party, through their co-ordinating bodies, shall ensure that the sending or the receiving organisation, or both, shall take the appropriate steps to provide the volunteers, prior to their voluntary service activity, with appropriate preparation and training for the activity to be carried out by them. 2 Volunteers shall, in particular, be informed of the fundamental legislative provisions, the social and economic structures of the receiving State, and receive an introduction to the language as well as to the culture and history of the receiving State.

text: Article 8 – Training

text: Volunteers shall receive board and lodging from the receiving organisation. 2 Volunteers shall be given adequate opportunity for relevant linguistic, intercultural and vocational development. They shall be accorded every facility as regards the arrangement of the activity to this end. 3 Volunteers shall have at least one full free day per week, not less than one such free day in every month being at the choice of the volunteer. 4 Volunteers shall receive a sufficient amount of pocket money, to be agreed upon between the sending and receiving organisations. 5 These rights shall be granted within the framework of the legislation of the receiving State.

text: Article 9 – Rights of volunteers

text: Financial support for transnational long-term voluntary service activities may be provided for by: a contributions from public local, regional, and national authorities, from international organisations and from the co-ordinating bodies appointed in accordance with the provisions of

text: Article 4

text: of this Convention; b contributions from recognised non-profit making organisations; c contributions from private companies, in accordance with the provisions of paragraph 2; d personal contributions or others; e any combination of the sources mentioned above. 2 Contributions in accordance with the provisions of paragraph 1, contributions in kind or grant shall not oblige volunteers to undertake profit-making activities on behalf of a commercial enterprise or to make advertisements for it.

text: Article 10 – Financial rules and regulations

text: Health, accident as well as civil liability risks shall be covered either in accordance with national legislation or by bilateral or multilateral agreements in force or, failing that, by means of personal insurance subscribed and paid for by the volunteer concerned or on the volunteer’s behalf.

text: Each Party shall transmit, by a declaration addressed to the Secretary General of the Council of Europe, the means of cover of these risks. Any change in these means shall be notified to the Secretary General of the Council of Europe by the Parties.

text: The level of benefits shall correspond to the standards laid down by the national legislation or the bilateral or multilateral agreements.

text: Article 11 – Protection against risks

text: Each Party, through its co-ordinating bodies, shall ensure that during the period of voluntary activity, and at the end of the voluntary service programme, the receiving organisation will, upon request of the volunteer, provide a certificate of participation in accordance with the model provided in Appendix II to this Convention. Appendix II is intended for guidance only and has no treaty value.

text: Article 12 – Certificates

text: The candidates for voluntary service who shall address to the relevant authorities to obtain a temporary residence permit for the duration of their voluntary service shall present the contract signed by the three Parties and an identity document.

text: Each Party shall endeavour, where possible, to reduce the administrative barriers restricting mobility of volunteers.

text: Article 13 – Administrative formalities

text: Chapter III – Multilateral consultations

text: The Parties shall, within five years from the entry into force of the Convention and every five years thereafter, or more frequently if a majority of the Parties should so request, hold multilateral consultations to examine the application of the Convention and the advisability of revising it or extending any of its provisions.

text: Any Party may be represented at the multilateral consultations by one or more delegates. Each delegation shall have one vote. The Parties shall draw up the rules of procedure for the consultations.

text: Any State referred to in

text: Article 16

text: , paragraph 1, or the European Community, which is not a Party to this Convention, may be represented at the multilateral consultations by an observer.

text: After each consultation, the Parties shall submit to the Committee of Ministers of the Council of Europe a report on the consultation and on the application of the provisions of the Convention.

text: Article 14 – Multilateral consultations

text: Chapter IV – Amendments

text: Any amendment to

text: Articles 1

text: to 15 of this Convention proposed by a Party or the Committee of Ministers shall be communicated to the Secretary General of the Council of Europe and forwarded by him to the member states of the Council of Europe, to the other States Parties to the European Cultural Convention, to the European Community and to any State which has acceded to or has been invited to accede to the Convention in accordance with the provisions of

text: Article 17

text: Any amendment proposed in accordance with the provisions of the preceding paragraph shall be examined at a multilateral consultation not less than two months after the date of forwarding by the Secretary General. The text shall be adopted by a two-thirds majority of the Parties.

text: Any amendment adopted at a multilateral consultation shall be submitted to the Committee of Ministers for approval. After its approval, the text shall be forwarded to the Parties for acceptance.

text: Any amendment shall enter into force on the first day of the month following the expiration of a period of three months after all the Parties have informed the Secretary General of their acceptance.

text: Article 15 – Amendments

text: Chapter V – Final provisions

ordinal: a

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

type: punkt

ordinal: b

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

text: This 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. 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 five states, of which at least four 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 16 – 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 Parties to the Convention, may invite any State which is not referred to in

text: Article 16

text: , paragraph 1, as well as the European Community to accede to this Convention, by a decision taken by the majority provided for in

text: Article 20

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

text: In respect of any acceding State or of the European Community, in the event of its accession, 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 17 – Accession

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

text: Any Party may, at any later date, by 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 18 – Territorial application

text: The provisions of this Convention shall not affect the provisions of international treaties which are already in force or may come into force, under which more favourable rights are, or would be, accorded to volunteers.

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

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

text: Article 19 – Relationship to other treaties and Community law

text: No reservation to this Convention may be made.

text: Article 20 – Reservations

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 such notification by the Secretary General.

text: Article 21 – Denunciation

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

text: any signature;

text: Articles 16

text: and 17;

text: any declaration made under

text: Article 4

text: , paragraph 2;

text: any declaration made under

text: Article 11

text: , paragraph 2;

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

text: Done at Strasbourg, this 11th day of May 2000, 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 other States party to the European Cultural Convention, and to any non-member State or the European Community invited to accede to this Convention.

text: Article 22 – Notifications


identifier: ETS No. 176

openingPlace: Florence

reference: ETS No. 176

title: Council of Europe Landscape Convention

text: European Treaty Series - No. 176

text: * 1

text: Council of Europe Landscape Convention as amended by the 2016 Protocol

text: Florence, 20.X.2000

text: Preamble

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

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

text: Concerned to achieve sustainable development based on a balanced and harmonious relationship between social needs, economic activity and the environment;

text: Noting that the landscape has an important public interest role in the cultural, ecological, environmental and social fields, and constitutes a resource favourable to economic activity and whose protection, management and planning can contribute to job creation;

text: Aware that the landscape contributes to the formation of local cultures and that it is a basic component of the European natural and cultural heritage, contributing to human well-being and consolidation of the European identity;

text: Aware, in general, of the importance of the landscape at global level as an essential component of human being’s surroundings;

text: Acknowledging that the landscape is an important part of the quality of life for people everywhere: in urban areas and in the countryside, in degraded areas as well as in areas of high quality, in areas recognised as being of outstanding beauty as well as everyday areas;

text: Noting that developments in agriculture, forestry, industrial and mineral production techniques and in regional planning, town planning, transport, infrastructure, tourism and recreation and, at a more general level, changes in the world economy are in many cases accelerating the transformation of landscapes;

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. (1) Title amended according to the provisions of the Protocol of amendment to the Convention (CETS No. 219) as from its entry into force on 1 July 2021. (2) Paragraph added in accordance with the provisions of the Protocol of amendment to the Convention (CETS No. 219) as from its entry into force on 1 July 2021.

text: ETS 176 – Council of Europe Landscape Convention, 20.X.2000 __________________________________________________________________________________

text: Wishing to respond to the public’s wish to enjoy high quality landscapes and to play an active part in the development of landscapes;

text: Believing that the landscape is a key element of individual and social well-being and that its protection, management and planning entail rights and responsibilities for everyone;

text: Having regard to the legal texts existing at international level in the field of protection and management of the natural and cultural heritage, regional and spatial planning, local selfgovernment and transfrontier co-operation, in particular the Convention on the Conservation of European Wildlife and Natural Habitats (Bern, 19 September 1979), the Convention for the Protection of the Architectural Heritage of Europe (Granada, 3 October 1985), the European Convention on the Protection of the Archaeological Heritage (revised) (Valletta, 16 January 1992), the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (Madrid, 21 May 1980) and its additional protocols, the European Charter of Local Self-government (Strasbourg, 15 October 1985), the Convention on Biological Diversity (Rio, 5 June 1992), the Convention concerning the Protection of the World Cultural and Natural Heritage (Paris, 16 November 1972), and the Convention on Access to Information, Public Participation in Decision-making and Access to Justice on Environmental Matters (Aarhus, 25 June 1998);

text: Acknowledging that the quality and diversity of European landscapes constitute a common resource, and that it is important to co-operate towards its protection, management and planning;

text: Wishing to provide a new instrument devoted exclusively to the protection, management and planning of all landscapes in Europe,

text: Wishing to enable the application of the values and principles formulated in the Convention to non-European States who so desire;

text: Have agreed as follows:

text: Chapter I – General provisions

text: For the purposes of the Convention:

text: "Landscape" means an area, as perceived by people, whose character is the result of the action and interaction of natural and/or human factors;

text: "Landscape policy" means an expression by the competent public authorities of general principles, strategies and guidelines that permit the taking of specific measures aimed at the protection, management and planning of landscapes;

ordinal: c

text: "Landscape quality objective" means, for a specific landscape, the formulation by the competent public authorities of the aspirations of the public with regard to the landscape features of their surroundings;

ordinal: d

text: "Landscape protection" means actions to conserve and maintain the significant or characteristic features of a landscape, justified by its heritage value derived from its natural configuration and/or from human activity;

text: _____ (1) Paragraph added in accordance with the provisions of the Protocol of amendment to the Convention (CETS No. 219) as from its entry into force on 1 July 2021.

ordinal: e

text: "Landscape management" means action, from a perspective of sustainable development, to ensure the regular upkeep of a landscape, so as to guide and harmonise changes which are brought about by social, economic and environmental processes;

ordinal: f

text: "Landscape planning" means strong forward-looking action to enhance, restore or create landscapes.

text: Article 1 – Definitions

text: Subject to the provisions contained in

text: Article 15

text: , this Convention applies to the entire territory of the Parties and covers natural, rural, urban and peri-urban areas. It includes land, inland water and marine areas. It concerns landscapes that might be considered outstanding as well as everyday or degraded landscapes.

text: Article 2 – Scope

text: The aims of this Convention are to promote landscape protection, management and planning, and to organise co-operation between the Parties.

text: Article 3 – Aims

text: Chapter II – National measures

text: Each Party shall implement this Convention, in particular

text: Articles 5

text: and 6, according to its own division of powers, in conformity with its constitutional principles and administrative arrangements, and respecting the principle of subsidiarity, taking into account the European Charter of Local Self-government. Without derogating from the provisions of this Convention, each Party shall harmonise the implementation of this Convention with its own policies.

text: Article 4 – Division of responsibilities

text: Each Party undertakes:

text: to recognise landscapes in law as an essential component of people’s surroundings, an expression of the diversity of their shared cultural and natural heritage, and a foundation of their identity;

text: to establish and implement landscape policies aimed at landscape protection, management and planning through the adoption of the specific measures set out in

text: Article 6

text: to establish procedures for the participation of the general public, local and regional authorities, and other parties with an interest in the definition and implementation of the landscape policies mentioned in paragraph b above;

text: to integrate landscape into its regional and town planning policies and in its cultural, environmental, agricultural, social and economic policies, as well as in any other policies with possible direct or indirect impact on landscape.

text: _____ (1) Article amended according to the provisions of the Protocol of amendment to the Convention (CETS No. 219) as from its entry into force on 1 July 2021.

text: Article 5 – General measures

text: A Awareness-raising

text: Each Party undertakes to increase awareness among the civil society, private organisations, and public authorities of the value of landscapes, their role and changes to them.

text: B Training and education

text: Each Party undertakes to promote: a training for specialists in landscape appraisal and operations; b multidisciplinary training programmes in landscape policy, protection, management and planning, for professionals in the private and public sectors and for associations concerned; c school and university courses which, in the relevant subject areas, address the values attaching to landscapes and the issues raised by their protection, management and planning.

text: C Identification and assessment

text: With the active participation of the interested parties, as stipulated in

text: Article 5

text: .c, and with a view to improving knowledge of its landscapes, each Party undertakes: a i to identify its own landscapes throughout its territory; ii to analyse their characteristics and the forces and pressures transforming them; iii to take note of changes; b to assess the landscapes thus identified, taking into account the particular values assigned to them by the interested parties and the population concerned. 2 These identification and assessment procedures shall be guided by the exchanges of experience and methodology, organised between the Parties at international level pursuant to

text: Article 8

text: D Landscape quality objectives

text: Each Party undertakes to define landscape quality objectives for the landscapes identified and assessed, after public consultation in accordance with

text: Article 5

text: .c.

text: E Implementation

text: To put landscape policies into effect, each Party undertakes to introduce instruments aimed at protecting, managing and/or planning the landscape.

text: _____ (1) Paragraph amended according to the provisions of the Protocol of amendment to the Convention (CETS No. 219) as from its entry into force on 1 July 2021.

text: Article 6 – Specific measures

text: Chapter III – Co-operation between the Parties

text: Parties undertake to co-operate in the consideration of the landscape dimension of international policies and programmes, and to recommend, where relevant, the inclusion in them of landscape considerations.

text: Article 7 – International policies and programmes

text: The Parties undertake to co-operate in order to enhance the effectiveness of measures taken under other articles of this Convention, and in particular:

text: to render each other technical and scientific assistance in landscape matters through the pooling and exchange of experience, and the results of research projects;

text: to promote the exchange of landscape specialists in particular for training and information purposes;

text: to exchange information on all matters covered by the provisions of the Convention.

text: Article 8 – Mutual assistance and exchange of information

text: The Parties shall encourage transfrontier co-operation on local and regional level and, wherever necessary, prepare and implement joint landscape programmes.

text: Article 9 – Transfrontier landscapes

text: Existing competent Committees of Experts set up under

text: Article 17

text: of the Statute of the Council of Europe shall be designated by the Committee of Ministers of the Council of Europe to be responsible for monitoring the implementation of the Convention.

text: Following each meeting of the Committees of Experts, the Secretary General of the Council of Europe shall transmit a report on the work carried out and on the operation of the Convention to the Committee of Ministers.

text: The Committees of Experts shall propose to the Committee of Ministers the criteria for conferring and the rules governing the Landscape award of the Council of Europe.

text: Article 10 – Monitoring of the implementation of the Convention

text: The Landscape award of the Council of Europe is a distinction which may be conferred on local and regional authorities and their groupings that have instituted, as part of the landscape policy of a Party to this Convention, a policy or measures to protect, manage and/or plan their landscape, which have proved lastingly effective and can thus serve as an example to other territorial authorities of the Parties. The distinction may be also conferred on nongovernmental organisations having made particularly remarkable contributions to landscape protection, management or planning.

text: _____ (1) Title amended according to the provisions of the Protocol of amendment to the Convention (CETS No. 219) as from its entry into force on 1 July 2021. (2) Paragraph amended according to the provisions of the Protocol of amendment to the Convention (CETS No. 219) as from its entry into force on 1 July 2021.

text: Applications for the Landscape award of the Council of Europe shall be submitted to the Committees of Experts mentioned in

text: Article 10

text: by the Parties. Transfrontier local and regional authorities and groupings of local and regional authorities concerned, may apply provided that they jointly manage the landscape in question.

text: On proposals from the Committees of Experts mentioned in

text: Article 10

text: the Committee of Ministers shall define and publish the criteria for conferring the Landscape award of the Council of Europe, adopt the relevant rules and confer the Award.

text: The granting of the Landscape award of the Council of Europe is to encourage those receiving the award to ensure the sustainable protection, management and/or planning of the landscape areas concerned.

text: Article 11 – Landscape award of the Council of Europe

text: Chapter IV – Final clauses

text: The provisions of this Convention shall not prejudice stricter provisions concerning landscape protection, management and planning contained in other existing or future binding national or international instruments.

text: Article 12 – Relationship with other instruments

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

text: In respect of any 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 expiry of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval.

text: Article 13 – Signature, ratification and entry into force

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

text: In respect of any acceding State, or the European Community in the event of its accession, this Convention shall enter into force on the first day of the month following the expiry 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 14 – Accession

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

text: Any Party may, at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. The Convention shall take effect in respect of such territory on the first day of the month following the expiry of a period of three months after the date of receipt of the declaration by the Secretary General.

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

text: Article 15 – Territorial application

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 expiry of a period of three months after the date of receipt of the notification by the Secretary General.

text: Article 16 – Denunciation

text: Any Party or the Committees of Experts mentioned in

text: Article 10

text: may propose amendments to this Convention.

text: Any proposal for amendment shall be notified to the Secretary General of the Council of Europe who shall communicate it to the member States of the Council of Europe, to the others Parties, and to any European non-member State which has been invited to accede to this Convention in accordance with the provisions of

text: Article 14

text: The Committees of Experts mentioned in

text: Article 10

text: shall examine any amendment proposed and submit the text adopted by a majority of three-quarters of the Parties’ representatives to the Committee of Ministers for adoption. Following its adoption by the Committee of Ministers by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the States parties entitled to hold seats in the Committee of Ministers, the text shall be forwarded to the Parties for acceptance.

text: Any amendment shall enter into force in respect of the Parties which have accepted it on the first day of the month following the expiry of a period of three months after the date on which three Council of Europe member States have informed the Secretary General of their acceptance. In respect of any Party which subsequently accepts it, such amendment shall enter into force on the first day of the month following the expiry of a period of three months after the date on which the said Party has informed the Secretary General of its acceptance.

text: Article 17 – Amendments

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any State or the European Community having 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 13

text: , 14 and 15; d any declaration made under

text: Article 15

text: ; e any denunciation made under

text: Article 16

text: ; f any proposal for amendment, any amendment adopted pursuant to

text: Article 17

text: and the date on which it comes into force; g any other act, notification, information or communication relating to this Convention.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Florence, this 20th day of October 2000, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State or to the European Community invited to accede to this Convention.

text: Article 18 – Notifications

title: Council of Europe Landscape Convention


doctype: protocol

identifier: ETS No. 177

openingPlace: Rome

reference: ETS No. 177

title: Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms

text: European Treaty Series - No. 177

text: Rome, 4.XI.2000

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

text: Having regard to the fundamental principle according to which all persons are equal before the law and are entitled to the equal protection of the law;

text: Being resolved to take further steps to promote the equality of all persons through the collective enforcement of a general prohibition of discrimination by means of the

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

text: Reaffirming that the principle of non-discrimination does not prevent States Parties from taking measures in order to promote full and effective equality, provided that there is an objective and reasonable justification for those measures,

text: Have agreed as follows:

text: The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

text: No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1.

text: Article 1 – General prohibition of discrimination

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this Protocol 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 Protocol to any other territory specified in the declaration. In respect of such territory the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt by the Secretary General of such declaration.

text: Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn or modified by a notification addressed to the Secretary General of the Council of Europe. The withdrawal or modification 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: ETS 177 – Human Rights (Protocol No. 12), 4.XI.2000 __________________________________________________________________________________

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

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

text: Article 1

text: of this Protocol.

text: Article 2 – Territorial application

text: As between the States Parties, the provisions of

text: Articles 1

text: and 2 of this Protocol shall be regarded as additional articles to the Convention, and all the provisions of the Convention shall apply accordingly.

text: Article 3 – Relationship to the Convention

text: This Protocol shall be open for signature by member States of the Council of Europe which have signed the Convention. It is subject to ratification, acceptance or approval. A member State of the Council of Europe may not ratify, accept or approve this Protocol without previously or simultaneously ratifying the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: Article 4 – Signature and ratification

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 4

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 the deposit of the instrument of ratification, acceptance or approval.

text: Article 5 – Entry into force

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

text: any signature;

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

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

text: Articles 2

text: and 5;

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

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

text: Done at Rome, this 4th day of November 2000, 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.

text: Article 6 – Depositary functions

type: internationell-overenskommelse


identifier: ETS No. 178

reference: ETS No. 178

title: European Convention on the Legal Protection of Services based on, or consisting of, Conditional Access

text: European Treaty Series - No. 178

text: consisting of, Conditional Access

text: Strasbourg, 24.I.2001

text: Preamble

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

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

text: Bearing in mind Recommendation No. R (91) 14 of the Committee of Ministers on the legal protection of encrypted television services;

text: Considering that piracy of decoding equipment for encrypted services is still a problem throughout Europe;

text: Noting that new types of conditional access services and devices, as well as new forms of unlawful access to these, have appeared since the adoption of the above recommendation;

text: Noting that there is great disparity among European States on legislation aimed at protecting services based on, or consisting of, conditional access;

text: Noting that unlawful access threatens the economic viability of the organisations providing broadcasting and information society services and, in consequence, may affect the diversity of programmes and services offered to the public;

text: Convinced of the need to pursue a common policy aimed at the protection of services based on, or consisting of, conditional access;

text: Convinced that criminal, administrative or other sanctions can play an effective role in the prevention of unlawful activities against conditional access services;

text: Believing that particular attention should be given to illicit activities that are undertaken for commercial purposes;

text: Taking account of existing international instruments which contain provisions aiming at the protection of services based on, or consisting of, conditional access,

text: Have agreed as follows:

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

text: ETS 178 – Services based on, or consisting of, Conditional Access, 24.I.2001 __________________________________________________________________________________

text: Section I – General provisions

text: This Convention is concerned with broadcasting and information society services offered against payment and based on, or which consist of, conditional access. The purpose of this Convention is to make illegal on the territory of the Parties a number of activities which give unauthorised access to protected services, and to approximate the legislation of Parties in this area.

text: Article 1 – Object and purpose

text: For the purposes of this Convention : a "protected service" means any of the following services, when provided against remuneration and on the basis of conditional access: – television programme services, as defined in

text: Article 2

text: of the amended European Convention on Transfrontier Television; – radio broadcasting services, meaning radio programmes intended for reception by the public, transmitted by wire or over the air, including by satellite; – information society services, understood as those offered by electronic means, at a distance and at the individual request of a recipient of services; or the provision of conditional access to the above services considered as a service in its own right; b "conditional access" means any technical measure and/or arrangement permitting access in an intelligible form, and subject to prior individual authorisation, to one of the services mentioned in paragraph a. of this article; c "conditional access device" means any equipment, software and/or arrangement designed or adapted to give access in an intelligible form to one of the services mentioned in paragraph a. of this article; d "illicit device" means any equipment, software and/or arrangement designed or adapted to give access in an intelligible form to one of the services mentioned in paragraph a. of this article, without the authorisation of the service provider.

text: Article 2 – Definitions

text: This Convention shall apply to any legal or natural persons offering a protected service as defined in

text: Article 2

text: .a above, regardless of their nationality and whether or not they come under the jurisdiction of a Party.

text: Article 3 – Beneficiaries

text: Section II – Illicit activities

text: It shall be unlawful to carry out one of the following activities on the territory of a Party:

text: the manufacture or production of illicit devices for commercial purposes; b the importation of illicit devices for commercial purposes; c the distribution of illicit devices for commercial purposes; d the sale or rental of illicit devices for commercial purposes; e the possession of illicit devices for commercial purposes; f the installation, maintenance or replacement of illicit devices for commercial purposes; g the commercial promotion, marketing or advertising of illicit devices. Each Party may, at any time, in a declaration addressed to the Secretary General of the Council of Europe, declare that it will also make unlawful other activities than those referred to in paragraph 1 of this article.

text: Article 4 – Offences

text: Section III – Sanctions and remedies

text: The Parties shall adopt measures to make the unlawful activities established in

text: Article 4

text: above punishable by criminal, administrative or other sanctions. Such measures shall be effective, dissuasive and proportionate to the potential impact of the unlawful activity.

text: Article 5 – Sanctions for unlawful activities

text: The Parties shall adopt such appropriate measures as may be necessary to enable it to seize and confiscate illicit devices or the promotional, marketing or advertising material used in the commission of an offence, as well as the forfeiture of any profits or financial gains resulting from the unlawful activity.

text: Article 6 – Confiscation measures

text: The Parties shall adopt the necessary measures to ensure that providers of protected services whose interests are affected by an unlawful activity established in

text: Article 4

text: above have access to appropriate remedies, including bringing an action for damages and obtaining an injunction or other preventive measure, and where appropriate, applying for the elimination of illicit devices from commercial channels.

text: Article 7 – Civil proceedings

text: Section IV – Implementation and amendments

text: The Parties undertake to render each other mutual assistance in order to implement this Convention. The Parties shall afford each other, in accordance with the provisions of relevant international instruments on international co-operation in criminal or administrative matters and with their domestic law, the widest measure of co-operation in investigations and judicial proceedings relating to criminal or administrative offences established in accordance with this Convention.

text: Article 8 – International co-operation

text: The Parties shall, within two years from the entry into force of this Convention and every two years thereafter, and, in any event, whenever a Party so requests, hold multilateral consultations within the Council of Europe to examine the application of this Convention and the advisability of extending or revising any of its provisions, in particular as regards the definitions under

text: Article 2

text: . These consultations shall take place at meetings convened by the Secretary General of the Council of Europe.

text: Each Party may be represented at multilateral consultation meetings by one or more delegates. Each Party shall have the right to vote. Each State Party to this Convention shall have one vote. Concerning questions within its competence, the European Community shall exercise its right to vote and cast a number of votes equal to the number of its member States that are Parties to the Convention. The European Community shall not exercise its right to vote when the vote concerns a question which does not fall within its competence.

text: Any State referred to in

text: Article 12

text: , paragraph 1, or the European Community, which is not a Party to this Convention, may be represented in the consultation meetings by an observer.

text: After each consultation, the Parties shall forward to the Committee of Ministers of the Council of Europe a report on the consultation and on the functioning of the Convention, including, if it is considered necessary, proposals for the amendment of the Convention.

text: Subject to the provisions of this Convention, the Parties shall lay down rules of procedure for the consultation meetings.

text: Article 9 – Multilateral consultations

text: Any Party may propose amendments to this Convention.

text: Any proposal for amendment shall be notified to the Secretary General of the Council of Europe who shall communicate it to the member States of the Council of Europe, to the other States Party to the European Cultural Convention, to the European Community and to any non-member State which has acceded to or has been invited to accede to this Convention in accordance with the provisions of

text: Article 13

text: Any amendment proposed in accordance with the provisions of the previous paragraph shall be examined, within six months from the date on which it is communicated by the Secretary General, at a multilateral consultation meeting, where that amendment can be adopted by a majority of two-thirds of the States which have ratified the Convention.

text: The text adopted by the multilateral consultation meeting shall be submitted to the Committee of Ministers for approval. Once it has been approved, the text of the amendment shall be forwarded to the Parties for acceptance.

text: All amendments shall enter into force on the thirtieth day after all the Parties have informed the Secretary General of their acceptance thereof.

text: On the basis of a recommendation by a multilateral consultation meeting, the Committee of Ministers may decide, 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 Parties entitled to sit on the Committee, that a particular amendment shall enter into force following the expiry of a period of two years after the date on which it has been forwarded for acceptance, unless a Party has notified the Secretary General of the Council of Europe of an objection to its entry into force. Should such an objection be notified, the amendment shall enter into force on the first day of the month following the date on which the Party to the Convention which has notified the objection has deposited its instrument of acceptance with the Secretary General of the Council of Europe.

text: If an amendment has been approved by the Committee of Ministers, but has not yet entered into force in accordance with paragraphs 5 or 6 above, a State or the European Community may not express their consent to be bound by the Convention without accepting at the same time the amendment.

text: Article 10 – Amendments

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

text: Article 11 – Relationship with other conventions or agreements

text: Section V – Final clauses

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

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

text: This Convention shall be open for signature by the member States of the Council of Europe and the other States party to the European Cultural Convention, and by the European Community. Such States and the European Community 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 have expressed their consent to be bound by the Convention in accordance with the provisions of the preceding paragraph.

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

text: Article 12 – 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 Parties to the Convention, may invite any State which is not referred to in

text: Article 12

text: , paragraph 1, 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 – Accession to the Convention by non-member States

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

text: Any State or the European Community 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 of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

text: Article 14 – Territorial application

text: No reservation may be made to this Convention.

text: Article 15 – Reservations

text: In case of a dispute between Parties as to the interpretation or application of this Convention, the Parties concerned shall seek to achieve a friendly settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to an arbitral tribunal whose decisions shall be binding upon the Parties.

text: Article 16 – 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: Article 17 – Denunciation

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, the European Community and any other State which has acceded to this Convention of: a any signature in accordance with

text: Article 12

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

text: Articles 12

text: or 13; c any date of entry into force of this Convention in accordance with

text: Articles 12

text: and 13; d any declaration made in accordance with

text: Article 4

text: ; e any proposal for amendment made under

text: Article 10

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

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Strasbourg, the 24th day of January 2001, 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 other States party to the European Cultural Convention, to the European Community and to any State invited to accede to it.

text: Article 18 – Notifications


identifier: ETS No. 179

openingPlace: Moscow

reference: ETS No. 179

title: Additional Protocol to the European Agreement on the Transmission of Applications for Legal Aid

text: European Treaty Series - No. 179

text: Moscow, 4.X.2001

text: The member States of the Council of Europe and the other Parties to the European Agreement on the Transmission of Applications for Legal Aid, opened for signature in Strasbourg on 27 January 1977 (hereinafter referred to as "the Agreement"), signatories to this Protocol,

text: Noting the development and the implementation of the Agreement as an effective legal framework for the transmission of applications for legal aid at the pan-European level;

text: Considering that it is desirable to remove existing obstacles to civil proceedings abroad and to permit persons in an economically weak position more easily to exercise their rights abroad;

text: Desirous to improve the efficiency of the operation of the Agreement and to supplement it in certain aspects, in particular as regards questions relating to mutual assistance between central authorities and to the communications between lawyers and applicants for legal aid;

text: Bearing in mind Resolution (76) 5 on legal aid in civil, commercial and administrative matters;

text: Having regard to Recommendation No. R (99) 6 on the improvement of the practical application of the European Agreement on the Transmission of Applications for Legal Aid;

text: Taking into account

text: Article 6

text: of the

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

text: and underlining the need for applicants for legal aid to be able to communicate with their lawyers not only in courts, but also before commencing judicial proceedings;

text: Have agreed as follows:

text: The purpose of this Protocol is to amend and supplement in certain aspects, as between the Parties to the Protocol, the provisions of the Agreement.

text: For the purpose of the Agreement and of this Protocol, "requested Party" means any Party who receives an application for legal aid from another Party in accordance with the provisions of the Agreement and this Protocol.

text: Article 1 – Purpose and definition

text: The Parties undertake promptly to afford each other the widest measure of mutual assistance in respect of applications for legal aid in civil, commercial or administrative matters which fall within the jurisdiction of the competent authorities of the requested Party.

text: ETS 179 – Transmission of Applications for Legal Aid (Additional Protocol), 4.X.2001 __________________________________________________________________________________

text: Subject to the provisions of the Agreement, the requested Party shall not reject applications made under the Agreement without considering their merit, but shall process them in the most effective way possible in accordance with domestic procedures, which may include the seeking of further information.

text: Article 2 – Co-operation between Parties

text: The requested Party shall: a ensure that lawyers appointed to represent such applicants communicate with these applicants in a language readily understood by them, or b ensure that costs for translation and/or interpretation of the communications between lawyers and applicants are covered. 2 Where it is not practicable to apply paragraph 1 above, the requested Party shall provide appropriate means to ensure the effective communication between lawyers and applicants. 3 The form used to transmit applications for legal aid under the Agreement and this Protocol shall indicate the languages readily understood by applicants.

text: Article 3 – Communication between lawyers and applicants

text: Each Party shall deal with applications within a reasonable time and shall require receiving central authorities to: a acknowledge receipt of the application; b inform transmitting authority of the decision taken on the application; c take all necessary steps to ensure that, whenever possible, a first instance decision is made in respect of all applications within six months, provided all information needed has been supplied; d report to transmitting central authorities six months after the date of receiving a complete application, if a decision has not been made, giving details on the progress of the application and any difficulties which are preventing a decision.

text: Article 4 – Efficiency of the procedure

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

text: Article 5 – Expression of consent to be bound

text: This Protocol shall come into force on the first day of the month following the expiration of a period of three months after the date on which two 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 5

text: In respect of any State which subsequently expresses its consent to be bound by it, the Protocol shall come into force on the first day of the month following the expiration of a period of three months after the date of its signature without reservation as to ratification, acceptance or approval or deposit of its instrument of ratification, acceptance or approval.

text: Article 6 – Entry into force

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

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

text: Article 7 – Accession

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

text: Article 8 – Reservations

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

text: In respect of such territory, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General of the Council of Europe.

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 9 – Territorial application

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

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

text: Denunciation of the Agreement shall automatically entail denunciation of this Protocol.

text: Article 10 – Denunciation

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

text: any signature without reservation in respect of ratification, acceptance or approval; b any signature with reservation in respect of ratification, acceptance or approval; c the deposit of any instrument of ratification, acceptance, approval or accession; d any date of entry into force of this Protocol in accordance with

text: Articles 5

text: , 6 and 7; e any declaration received in pursuance of the provisions of

text: Article 9

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

text: Article 10

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

text: In witness whereof, the undersigned, being duly authorised thereto, have signed this Protocol. Done at Moscow, this 4th day of October 2001, in English and in French, both texts being equally authoritative, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 11 – Notifications