identifier: ETS No. 069

reference: ETS No. 069

title: European Agreement on continued Payment of Scholarships to students studying abroad

text: European Treaty Series - No. 69

text: European Agreement on Continued Payment of Scholarships to Students Studying Abroad

text: Paris, 12.XII.1969

text: The member States of the Council of Europe, signatory hereto, Having regard to the European Cultural Convention, signed at Paris on 19 December 1954; Having regard to the declaration of the European Ministers of Education in Resolution No. 4 adopted at their 4th Conference, held in London on 14-16 April 1964, which, recognising the need to encourage exchanges of undergraduate and particularly post-graduate students between European countries, expressed the hope that steps would be taken to ensure that national programmes of financial support for students become equally applicable to periods of study in other European countries; Considering that the practice of study in a country other than a student's home country is likely to contribute to a student's cultural and academic enrichment; Considering that the fundamental cultural community existing among the member States of the Council of Europe signatory to the European Cultural Convention and the other States which have acceded thereto, makes such a practice possible; Considering that within the European cultural and educational community, which they desire to establish on an even firmer basis, there should be, to the greatest extent possible, free movement for persons pursuing university studies or research, Have agreed as follows:

text: For the purpose of this Agreement: a The term "institutions of higher education" shall denote: i universities; ii other institutions of higher education recognised for the purpose of this Agreement by the competent authorities of the Contracting Party in whose territory they are situated; b The term "scholarship" shall denote all forms of direct financial support granted to students, undergraduate and post-graduate, provided by the State or other authority, including grants towards the payment of fees, maintenance awards and study loans.

text: ETS 69 – Scholarships, 12.XII.1969 __________________________________________________________________________________

text: Article 1

text: For the purpose of this Agreement, a distinction shall be drawn between Contracting Parties according to whether the authority competent in their territory to deal with the award of scholarships is:

text: the State;

text: other authorities;

text: the State and/or other authorities, as the case may be.

text: Article 2

text: A scholarship that has been awarded by a Contracting Party falling within the category mentioned in sub-paragraph a of

text: Article 2

text: , for the purpose of enabling a person being a national of such Contracting Party to undertake a course of study or research at an institution of higher education in the territory of such Contracting Party, shall continue to be paid if that person is admitted, at his request and with the approval of the authorities supervising his studies or research, to pursue the said course of study or research in an institution of higher education in the territory of another Contracting Party.

text: Article 3

text: Nothing in this Agreement shall be deemed to affect the prevailing rules and regulations concerning the admission of students to institutions of higher education, or the requirements of authorities awarding scholarships with regard to the satisfactory pursuance or the duration of the course of study or research for which the award is made or for which it is renewed.

text: Article 4

text: Contracting Parties falling within the category mentioned in sub-paragraph b of

text: Article 2

text: shall transmit the text of this Agreement to the authorities competent in their territory to deal with matters pertaining to the award of scholarships and shall encourage the favourable consideration and application by them of the principle set out in

text: Article 3

text: Contracting Parties falling within the category mentioned in sub-paragraph c of

text: Article 2

text: shall apply the provisions of

text: Article 3

text: where the State is the authority competent to deal with the award of scholarships, and the provisions of paragraph 1 of this article where the State is not the competent authority in this matter.

text: Article 5

text: Any Contracting Party may, by notification addressed to the Secretary General of the Council of Europe, declare that it will extend the application of this Agreement to persons other than those specified under

text: Article 3

text: Article 6

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

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

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

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

text: Article 7

text: This Agreement shall enter into force one month after the date on which five member States of the Council of Europe shall have become Parties to the Agreement, in accordance with the provisions of

text: Article 7

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

text: Article 8

text: any non-member State of the Council of Europe which is a Contracting Party to the European Cultural Convention, signed at Paris on 19 December 1954, may accede to this Agreement;

text: the Committee of Ministers of the Council of Europe may invite any other non-member State to accede to this Agreement.

text: After the entry into force of this Agreement:

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

text: Article 9

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

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

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

text: Article 11

text: of this Agreement.

text: Article 10

text: This Agreement shall remain in force indefinitely.

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

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

text: Article 11

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

text: Article 8

text: thereof; e any declaration received in pursuance of the provisions of

text: Article 6

text: and of paragraphs 2 and 3 of

text: Article 10

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

text: Article 11

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Agreement. Done at Paris, this 12th day of December 1969, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 12


doctype: treaty

identifier: ETS No. 070

openingPlace: The Hague

publisher: Council of Europe Treaty Office

reference: ETS No. 070

title: European Convention on the International Validity of Criminal Judgments

text: European Treaty Series - No. 70

type: stycke

text: European Convention on the International Validity of Criminal Judgments

text: The Hague, 28.V.1970

text: Preamble

text: The member States of the Council of Europe, signatory hereto, Considering that the fight against crime, which is becoming increasingly an international problem, calls for the use of modern and effective methods on an international scale; Convinced of the need to pursue a common criminal policy aimed at the protection of society; Conscious of the need to respect human dignity and to promote the rehabilitation of offenders; Considering that the aim of the Council of Europe is to achieve greater unity between its Members, Have agreed as follows:

text: Part I – Definitions

type: rubrik

text: For the purpose of this Convention: a "European criminal judgment" means any final decision delivered by a criminal court of a Contracting State as a result of criminal proceedings; b "Offence" comprises, apart from acts dealt with under the criminal law, those dealt with under the legal provisions listed in Appendix II to the present Convention on condition that where these provisions give competence to an administrative authority there must be opportunity for the person concerned to have the case tried by a court; c "Sentence" means the imposition of a sanction; d "Sanction" means any punishment or other measure expressly imposed on a person, in respect of an offence, in a European criminal judgment, or in an ordonnance pénale; e "Disqualification" means any loss or suspension of a right or any prohibition or loss of legal capacity; f "Judgment rendered in absentia" means any decision considered as such under

text: Article 21

text: , paragraph 2;

text: ETS 70 – Criminal Judgments, 28.V.1970 __________________________________________________________________________________

ordinal: g

text: "ordonnance pénale" means any of the decisions delivered in another Contracting State and listed in Appendix III to this Convention.

type: punkt

text: Article 1

type: artikel

text: Part II – Enforcement of European criminal judgments

text: Section 1 – General provisions

text: a – General conditions of enforcement

text: This part is applicable to: a sanctions involving deprivation of liberty; b fines or confiscation; c disqualifications.

text: Article 2

text: A Contracting State shall be competent in the cases and under the conditions provided for in this Convention to enforce a sanction imposed in another Contracting State which is enforceable in the latter State. 2 This competence can only be exercised following a request by the other Contracting State.

text: Article 3

text: The sanction shall not be enforced by another Contracting State unless under its law the act for which the sanction was imposed would be an offence if committed on its territory and the person on whom the sanction was imposed liable to punishment if he had committed the act there. 2 If the sentence relates to two or more offences, not all of which fulfil the requirements of paragraph 1, the sentencing State shall specify which part of the sanction applies to the offences that satisfy those requirements.

text: Article 4

text: The sentencing State may request another Contracting State to enforce the sanction only if one or more of the following conditions are fulfilled: a if the person sentenced is ordinarily resident in the other State; b if the enforcement of the sanction in the other State is likely to improve the prospects for the social rehabilitation of the person sentenced; c if, in the case of a sanction involving deprivation of liberty, the sanction could be enforced following the enforcement of another sanction involving deprivation of liberty which the person sentenced is undergoing or is to undergo in the other State; d if the other State is the State of origin of the person sentenced and has declared itself willing to accept responsibility for the enforcement of that sanction;

ordinal: e

text: if it considers that it cannot itself enforce the sanction, even by having recourse to extradition, and that the other State can.

text: Article 5

text: Enforcement requested in accordance with the foregoing provisions may not be refused, in whole or in part, save: a where enforcement would run counter to the fundamental principles of the legal system of the requested State; b where the requested State considers the offence for which the sentence was passed to be of a political nature or a purely military one; c where the requested State considers that there are substantial grounds for believing that the sentence was brought about or aggravated by considerations of race, religion, nationality or political opinion; d where enforcement would be contrary to the international undertakings of the requested State; e where the act is already the subject of proceedings in the requested State or where the requested State decides to institute proceedings in respect of the act; f where the competent authorities in the requested State have decided not to take proceedings or to drop proceedings already begun, in respect of the same act; g where the act was committed outside the territory of the requesting State; h where the requested State is unable to enforce the sanction; i where the request is grounded on

text: Article 5

text: .e and none of the other conditions mentioned in that article is fulfilled; j where the requested State considers that the requesting State is itself able to enforce the sanction; k where the age of the person sentenced at the time of the offence was such that he could not have been prosecuted in the requested State; l where under the law of the requested State the sanction imposed can no longer be enforced because of the lapse of time; m where and to the extent that the sentence imposes a disqualification.

text: Article 6

text: A request for enforcement shall not be complied with if enforcement would run counter to the principles recognised in the provisions of Section 1 of Part III of this Convention.

ordinal: b

text: – Effects of the transfer of enforcement

text: Article 7

text: For the purposes of

text: Article 6

text: , paragraph 1 and the reservation mentioned under c of Appendix I of the present Convention any act which interrupts or suspends a time limitation validly performed by the authorities of the sentencing State shall be considered as having the same effect for the purpose of reckoning time limitation in the requested State in accordance with the law of that State.

text: Article 8

ordinal: a

text: when the State which surrendered him consents. A request for consent shall be submitted, accompanied by all relevant documents and a legal record of any statement made by the convicted person in respect of the offence concerned. Consent shall be given when the offence for which it is requested would itself be subject to extradition under the law of the State requesting enforcement or when extradition would be excluded only by reason of the amount of the punishment;

text: when the sentenced person, having had an opportunity to leave the territory of the State to which he has been surrendered, has not done so within 45 days of his final discharge, or if he has returned to that territory after leaving it.

text: A sentenced person detained in the requesting State who has been surrendered to the requested State for the purpose of enforcement shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence or detention order for any offence committed prior to his surrender other than that for which the sentence to be enforced was imposed, nor shall he for any other reason be restricted in his personal freedom, except in the following cases:

text: The State requested to enforce the sentence may, however, take any measure necessary to remove the person from its territory, or any measures necessary under its law, including proceedings by default, to prevent any legal effects of lapse of time.

text: Article 9

text: The enforcement shall be governed by the law of the requested State and that State alone shall be competent to take all appropriate decisions, such as those concerning conditional release.

text: The requesting State alone shall have the right to decide on any application for review of sentence.

text: Either State may exercise the right of amnesty or pardon.

text: Article 10

text: When the sentencing State has requested enforcement it may no longer itself begin the enforcement of a sanction which is the subject of that request. The sentencing State may, however, begin enforcement of a sanction involving deprivation of liberty when the sentenced person is already detained on the territory of that State at the moment of the presentation of the request.

text: if it withdraws its request before the requested State has informed it of an intention to take action on the request;

text: if the requested State notifies a refusal to take action on the request;

ordinal: c

text: if the requested State expressly relinquishes its right of enforcement. Such relinquishment shall only be possible if both the States concerned agree or if enforcement is no longer possible in the requested State. In the latter case, a relinquishment demanded by the requesting State shall be compulsory.

text: The right of enforcement shall revert to the requesting State:

text: Article 11

text: The competent authorities of the requested State shall discontinue enforcement as soon as they have knowledge of any pardon, amnesty or application for review of sentence or any other decision by reason of which the sanction ceases to be enforceable. The same shall apply to the enforcement of a fine when the person sentenced has paid it to the competent authority in the requesting State.

text: – Miscellaneous provisions

text: The requesting State shall without delay inform the requested State of any decision or procedural measure taken on its territory that causes the right of enforcement to lapse in accordance with the preceding paragraph.

text: Article 12

text: The transit through the territory of a Contracting State of a detained person, who is to be transferred to a third Contracting State in application of this Convention, shall be granted at the request of the State in which the person is detained. The State of transit may require to be supplied with any appropriate document before taking a decision on the request. The person being transferred shall remain in custody in the territory of the State of transit, unless the State from which he is being transferred requests his release.

text: on one of the grounds mentioned in

text: Article 6

text: .b and c;

text: on the ground that the person concerned is one of its own nationals.

text: Except in cases where the transfer is requested under

text: Article 34

text: any Contracting State may refuse transit:

text: when it is not intended to land, the State from which the person is to be transferred may notify the State over whose territory the flight is to be made that the person concerned is being transferred in application of this Convention. In the case of an unscheduled landing such notification shall have the effect of a request for provisional arrest as provided for in

text: Article 32

text: , paragraph 2, and a formal request for transit shall be made;

text: where it is intended to land, a formal request for transit shall be made.

text: If air transport is used, the following provisions shall apply:

text: Article 13

text: Contracting States shall not claim from each other the refund of any expenses resulting from the application of this Convention.

text: Article 14

text: Section 2 – Requests for enforcement

text: All requests specified in this Convention shall be made in writing. They, and all communications necessary for the application of this Convention, shall be sent either by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State or, if the Contracting States so agree, direct by the authorities of the requesting State to those of the requested State; they shall be returned by the same channel.

text: In urgent cases, requests and communications may be sent through the International Criminal Police Organisation (Interpol).

text: Any Contracting State may, by declaration addressed to the Secretary General of the Council of Europe, give notice of its intention to adopt other rules in regard to the communications referred to in paragraph 1 of this article.

text: Article 15

text: The request for enforcement shall be accompanied by the original, or a certified copy, of the decision whose enforcement is requested and all other necessary documents. The original, or a certified copy, of all or part of the criminal file shall be sent to the requested State, if it so requires. The competent authority of the requesting State shall certify the sanction enforceable.

text: Article 16

text: If the requested State considers that the information supplied by the requesting State is not adequate to enable it to apply this Convention, it shall ask for the necessary additional information. It may prescribe a date for the receipt of such information.

text: Article 17

text: The authorities of the requested State shall promptly inform those of the requesting State of the action taken on the request for enforcement.

text: The authorities of the requested State shall, where appropriate, transmit to those of the requesting State a document certifying that the sanction has been enforced.

text: Article 18

text: Subject to paragraph 2 of this article, no translation of requests or of supporting documents shall be required.

text: Any Contracting State may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, by declaration addressed to the Secretary General of the Council of Europe, reserve the right to require that requests and supporting documents 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 those languages as it shall indicate. The other Contracting States may claim reciprocity.

text: This article shall be without prejudice to any provisions concerning translation of requests and supporting documents that may be contained in agreements or arrangements now in force or that may be concluded between two or more Contracting States.

text: Article 19

text: Evidence and documents transmitted in application of this Convention need not be authenticated.

text: Article 20

text: Section 3 – Judgments rendered in absentia and ordonnances pénales

text: Unless otherwise provided in this Convention, enforcement of judgments rendered in absentia and of ordonnances pénales shall be subject to the same rules as enforcement of other judgments. 2 Except as provided in paragraph 3, a judgment in absentia for the purposes of this Convention means any judgment rendered by a court in a Contracting State after criminal proceedings at the hearing of which the sentenced person was not personally present. 3 Without prejudice to

text: Articles 25

text: , paragraph 2, 26, paragraph 2, and 29, the following shall be considered as judgments rendered after a hearing of the accused: a any judgment in absentia and any ordonnance pénale which have been confirmed or pronounced in the sentencing State after opposition by the person sentenced; b any judgment rendered in absentia on appeal, provided that the appeal from the judgment of the court of first instance was lodged by the person sentenced.

text: Article 21

text: Any judgment rendered in absentia and any ordonnances pénales which have not yet been the subject of appeal or opposition may, as soon as they have been rendered, be transmitted to the requested State for the purpose of notification and with a view to enforcement.

text: Article 22

text: If the requested State sees fit to take action on the request to enforce a judgment rendered in absentia or an ordonnance pénale, it shall cause the person sentenced to be personally notified of the decision rendered in the requesting State. 2 In the notification to the person sentenced information shall also be given: a that a request for enforcement has been presented in accordance with this Convention; b that the only remedy available is an opposition as provided for in

text: Article 24

text: of this Convention; c that the opposition must be lodged with such authority as may be specified; that for the purposes of its admissibility the opposition is subject to the provisions of

text: Article 24

text: of this Convention and that the person sentenced may ask to be heard by the authorities of the sentencing State; d that, if no opposition is lodged within the prescribed period, the judgment will, for the entire purposes of this Convention, be considered as having been rendered after a hearing of the accused. 3 A copy of the notification shall be sent promptly to the authority which requested enforcement.

text: Article 23

text: After notice of the decision has been served in accordance with

text: Article 23

text: , the only remedy available to the person sentenced shall be an opposition. Such opposition shall be examined, as the person sentenced chooses, either by the competent court in the requesting State or by that in the requested State. If the person sentenced expresses no choice, the opposition shall be examined by the competent court in the requested State.

text: In the cases specified in the preceding paragraph, the opposition shall be admissible if it is lodged with the competent authority of the requested State within a period of 30 days from the date on which the notice was served. This period shall be reckoned in accordance with the relevant rules of the law of the requested State. The competent authority of that State shall promptly notify the authority which made the request for enforcement.

text: Article 24

text: If the opposition is examined in the requesting State, the person sentenced shall be summoned to appear in that State at the new hearing of the case. Notice to appear shall be personally served not less than 21 days before the new hearing. This period may be reduced with the consent of the person sentenced. The new hearing shall be held before the court which is competent in the requesting State and in accordance with the procedure of that State.

text: If the person sentenced fails to appear personally or is not represented in accordance with the law of the requesting State, the court shall declare the opposition null and void and its decision shall be communicated to the competent authority of the requested State. The same procedure shall be followed if the court declares the opposition inadmissible. In both cases, the judgment rendered in absentia or the ordonnance pénale shall, for the entire purposes of this Convention, be considered as having been rendered after a hearing of the accused.

text: If the person sentenced appears personally or is represented in accordance with the law of the requesting State and if the opposition is declared admissible, the request for enforcement shall be considered as null and void.

text: Article 25

text: If the opposition is examined in the requested State the person sentenced shall be summoned to appear in that State at the new hearing of the case. Notice to appear shall be personally served not less than 21 days before the new hearing. This period may be reduced with the consent of the person sentenced. The new hearing shall be held before the court which is competent in the requested State and in accordance with the procedure of that State.

text: If the person sentenced fails to appear personally or is not represented in accordance with the law of the requested State, the court shall declare the opposition null and void. In that event, and if the court declares the opposition inadmissible, the judgment rendered in absentia or the ordonnance pénale shall, for the entire purposes of this Convention, be considered as having been rendered after a hearing of the accused.

text: If the person sentenced appears personally or is represented in accordance with the law of the requested State, and if the opposition is admissible, the act shall be tried as if it had been committed in that State. Preclusion of proceedings by reason of lapse of time shall, however, in no circumstances be examined. The judgment rendered in the requesting State shall be considered null and void.

text: Any step with a view to proceedings or a preliminary enquiry, taken in the sentencing State in accordance with its law and regulations, shall have the same validity in the requested State as if it had been taken by the authorities of that State, provided that assimilation does not give such steps a greater evidential weight than they have in the requesting State.

text: Article 26

text: For the purpose of lodging an opposition and for the purpose of the subsequent proceedings, the person sentenced in absentia or by an ordonnance pénale shall be entitled to legal assistance in the cases and on the conditions prescribed by the law of the requested State and, where appropriate, of the requesting State.

text: Article 27

text: Any judicial decisions given in pursuance of

text: Article 26

text: , paragraph 3, and enforcement thereof, shall be governed solely by the law of the requested State.

text: Article 28

text: If the person sentenced in absentia or by an ordonnance pénale lodges no opposition, the decision shall, for the entire purposes of this Convention, be considered as having been rendered after the hearing of the accused.

text: Article 29

text: National legislations shall be applicable in the matter of reinstatement if the sentenced person, for reasons beyond his control, failed to observe the time-limits laid down in

text: Articles 24

text: , 25 and 26 or to appear personally at the hearing fixed for the new examination of the case.

text: Article 30

text: Section 4 – Provisional measures

text: If the sentenced person is present in the requesting State after notification of the acceptance of its request for enforcement of a sentence involving deprivation of liberty is received, that State may, if it deems it necessary in order to ensure enforcement, arrest him with a view to his transfer under the provisions of

text: Article 43

text: Article 31

text: if, under the law of the requested State, the offence is one which justifies remand in custody, and

text: if there is a danger of abscondence or, in case of a judgment rendered in absentia, a danger of secretion of evidence.

text: When the requesting State has requested enforcement, the requested State may arrest the person sentenced:

text: When the requesting State announces its intention to request enforcement, the requested State may, on application by the requesting State arrest the person sentenced, provided that requirements under a and b of the preceding paragraph are satisfied. The said application shall state the offence which led to the judgment and the time and place of its perpetration, and contain as accurate a description as possible of the person sentenced. It shall also contain a brief statement of the facts on which the judgment is based.

text: Article 32

text: The person sentenced shall be held in custody in accordance with the law of the requested State; the law of that State shall also determine the conditions on which he may be released.

text: after a period equal to the period of deprivation of liberty imposed in the judgment;

text: if he was arrested in pursuance of

text: Article 32

text: , paragraph 2, and the requested State did not receive, within 18 days from the date of the arrest, the request together with the documents specified in

text: Article 16

text: The person in custody shall in any event be released:

text: Article 33

text: A person held in custody in the requested State in pursuance of

text: Article 32

text: who is summoned to appear before the competent court in the requesting State in accordance with

text: Article 25

text: as a result of the opposition he has lodged, shall be transferred for that purpose to the territory of the requesting State.

text: After transfer, the said person shall not be kept in custody by the requesting State if the condition set out in

text: Article 33

text: , paragraph 2.a, is met or if the requesting State does not request enforcement of a further sentence. The person shall be promptly returned to the requested State unless he has been released.

text: Article 34

text: A person summoned before the competent court of the requesting State as a result of the opposition he has lodged shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence or detention order nor shall he for any other reason be restricted in his personal freedom for any act or offence which took place prior to his departure from the territory of the requested State and which is not specified in the summons unless he expressly consents in writing. In the case referred to in

text: Article 34

text: , paragraph 1, a copy of the statement of consent shall be sent to the State from which he has been transferred.

text: The effects provided for in the preceding paragraph shall cease when the person summoned, having had the opportunity to do so, has not left the territory of the requesting State during 15 days after the date of the decision following the hearing for which he was summoned to appear or if he returns to that territory after leaving it without being summoned anew.

text: Article 35

text: If the requesting State has requested enforcement of a confiscation of property, the requested State may provisionally seize the property in question, on condition that its own law provides for seizure in respect of similar facts.

text: Seizure shall be carried out in accordance with the law of the requested State which shall also determine the conditions on which the seizure may be lifted.

text: Article 36

text: Section 5 – Enforcement of sanctions

text: a – General clauses

text: A sanction imposed in the requesting State shall not be enforced in the requested State except by a decision of the court of the requested State. Each Contracting State may, however, empower other authorities to take such decisions if the sanction to be enforced is only a fine or a confiscation and if these decisions are susceptible of appeal to a court.

text: Article 37

text: The case shall be brought before the court or the authority empowered under

text: Article 37

text: if the requested State sees fit to take action on the request for enforcement.

text: Article 38

text: Before a court takes a decision upon a request for enforcement the sentenced person shall be given the opportunity to state his views. Upon application he shall be heard by the court either by letters rogatory or in person. A hearing in person must be granted following his express request to that effect. 2 The court may, however, decide on the acceptance of the request for enforcement in the absence of a sentenced person requesting a personal hearing if he is in custody in the requesting State. In these circumstances any decision as to the substitution of the sanction under

text: Article 44

text: shall be adjourned until, following his transfer to the requested State, the sentenced person has been given the opportunity to appear before the court.

text: Article 39

text: The court, or in the cases referred to in

text: Article 37

text: , the authority empowered under the same article, which is dealing with the case shall satisfy itself: a that the sanction whose enforcement is requested was imposed in a European criminal judgment; b that the requirements of

text: Article 4

text: are met; c that the condition laid down in

text: Article 6

text: .a is not fulfilled or should not preclude enforcement; d that enforcement is not precluded by

text: Article 7

text: ; e that, in case of a judgment rendered in absentia or an ordonnance pénale the requirements of Section 3 of this part are met. 2 Each Contracting State may entrust to the court or the authority empowered under

text: Article 37

text: the examination of other conditions of enforcement provided for in this Convention.

text: Article 40

text: The judicial decisions taken in pursuance of the present section with respect to the requested enforcement and those taken on appeal from decisions by the administrative authority referred to in

text: Article 37

text: shall be appealable.

text: Article 41

text: The requested State shall be bound by the findings as to the facts in so far as they are stated in the decision or in so far as it is impliedly based on them.

text: – Clauses relating specifically to enforcement of sanctions involving deprivation of liberty

text: Article 42

text: When the sentenced person is detained in the requesting State he shall, unless the law of that State otherwise provides, be transferred to the requested State as soon as the requesting State has been notified of the acceptance of the request for enforcement.

text: Article 43

text: If the request for enforcement is accepted, the court shall substitute for the sanction involving deprivation of liberty imposed in the requesting State a sanction prescribed by its own law for the same offence. This sanction may, subject to the limitations laid down in paragraph 2, be of a nature or duration other than that imposed in the requesting State. If this latter sanction is less than the minimum which may be pronounced under the law of the requested State, the court shall not be bound by that minimum and shall impose a sanction corresponding to the sanction imposed in the requesting State.

text: In determining the sanction, the court shall not aggravate the penal situation of the person sentenced as it results from the decision delivered in the requesting State.

text: Any part of the sanction imposed in the requesting State and any term of provisional custody, served by the person sentenced subsequent to the sentence, shall be deducted in full. The same shall apply in respect of any period during which the person sentenced was remanded in custody in the requesting State before being sentenced in so far as the law of that State so requires.

text: – Clauses relating specifically to enforcement of fines and confiscations

text: Any Contracting State may, at any time, deposit with the Secretary General of the Council of Europe a declaration which confers on it in pursuance of the present Convention the right to enforce a sanction involving deprivation of liberty of the same nature as that imposed in the requesting State even if the duration of that sanction exceeds the maximum provided for by its national law for a sanction of the same nature. Nevertheless, this rule shall only be applied in cases where the national law of this State allows, in respect of the same offence, for the imposition of a sanction of at least the same duration as that imposed in the requesting State but which is of a more severe nature. The sanction imposed under this paragraph may, if its duration and purpose so require, be enforced in a penal establishment intended for the enforcement of sanctions of another nature.

text: Article 44

text: If the request for enforcement of a fine or confiscation of a sum of money is accepted, the court or the authority empowered under

text: Article 37

text: shall convert the amount thereof into the currency of the requested State at the rate of exchange ruling at the time when the decision is taken. It shall thus fix the amount of the fine, or the sum to be confiscated, which shall nevertheless not exceed the maximum sum fixed by its own law for the same offence, or failing such a maximum, shall not exceed the maximum amount customarily imposed in the requested State in respect of a like offence.

text: However, the court or the authority empowered under

text: Article 37

text: may maintain up to the amount imposed in the requesting State the sentence of a fine or of a confiscation when such a sanction is not provided for by the law of the requested State for the same offence, but this law allows for the imposition of more severe sanctions. The same shall apply if the sanction imposed in the requesting State exceeds the maximum laid down in the law of the requested State for the same offence, but this law allows for the imposition of more severe sanctions.

text: Any facility as to time of payment or payment by instalments, granted in the requesting State, shall be respected in the requested State.

text: Article 45

text: When the request for enforcement concerns the confiscation of a specific object, the court or the authority empowered under

text: Article 37

text: may order the confiscation of that object only in so far as such confiscation is authorised by the law of the requested State for the same offence.

text: Article 37

text: may maintain the confiscation ordered in the requesting State when this sanction is not provided for in the law of the requested State for the same offence but this law allows for the imposition of more severe sanctions.

text: Article 46

text: The proceeds of fines and confiscations shall be paid into the public funds of the requested State without prejudice to any rights of third parties.

text: Property confiscated which is of special interest may be remitted to the requesting State if it so requires.

text: Article 47

text: If a fine cannot be exacted, a court of the requested State may impose an alternative sanction involving deprivation of liberty in so far as the laws of both States so provide in such cases unless the requesting State expressly limited its request to exacting of the fine alone. If the court decides to impose an alternative sanction involving deprivation of liberty, the following rules shall apply:

text: If conversion of a fine into a sanction involving deprivation of liberty is already prescribed either in the sentence pronounced in the requesting State or directly in the law of that State, the court of the requested State shall determine the nature and length of such sanction in accordance with the rules laid down by its own law. If the sanction involving deprivation of liberty already prescribed in the requesting State is less than the minimum which may be imposed under the law of the requested State, the court shall not be bound by that minimum and impose a sanction corresponding to the sanction prescribed in the requesting State. In determining the sanction the court shall not aggravate the penal situation of the person sentenced as it results from the decision delivered in the requesting State.

text: In all other cases the court of the requested State shall convert the fine in accordance with its own law, observing the limits prescribed by the law of the requesting State.

text: – Clauses relating specifically to enforcement of disqualification

text: Article 48

text: Where a request for enforcement of a disqualification is made such disqualification imposed in the requesting State may be given effect in the requested State only if the law of the latter State allows for disqualification for the offence in question. 2 The court dealing with the case shall appraise the expediency of enforcing the disqualification in the territory of its own State.

text: Article 49

text: If the court orders enforcement of the disqualification it shall determine the duration thereof within the limits prescribed by its own law, but may not exceed the limits laid down in the sentence imposed in the requesting State. 2 The court may order the disqualification to be enforced in respect of some only of the rights whose loss or suspension has been pronounced.

text: Article 50

text: Article 11

text: shall not apply to disqualifications.

text: Article 51

text: The requested State shall have the right to restore to the person sentenced the rights of which he has been deprived in accordance with a decision taken in application of this section.

text: Article 52

text: Part III – International effects of European criminal judgments

text: Section 1 – Ne bis in idem

text: A person in respect of whom a European criminal judgment has been rendered may for the same act neither be prosecuted nor sentenced nor subjected to enforcement of a sanction in another Contracting State: a if he was acquitted; b if the sanction imposed: i has been completely enforced or is being enforced, or ii has been wholly, or with respect to the part not enforced, the subject of a pardon or an amnesty, or iii can no longer be enforced because of lapse of time; c if the court convicted the offender without imposing a sanction.

text: Nevertheless, a Contracting State shall not, unless it has itself requested the proceedings, be obliged to recognise the effect of ne bis in idem if the act which gave rise to the judgment was directed against either a person or an institution or any thing having public status in that State, of if the subject of the judgment had himself a public status in that State.

text: Furthermore, any Contracting State where the act was committed or considered as such according to the law of that State shall not be obliged to recognise the effect of ne bis in idem unless that State has itself requested the proceedings.

text: Article 53

text: If new proceedings are instituted against a person who in another Contracting State has been sentenced for the same act, then any period of deprivation of liberty arising from the sentence enforced shall be deducted from the sanction which may be imposed.

text: Article 54

text: This section shall not prevent the application of wider domestic provisions relating to the effect of ne bis in idem attached to foreign criminal judgments.

text: Article 55

text: Section 2 – Taking into consideration

text: Each Contracting State shall legislate as it deems appropriate to enable its courts when rendering a judgment to take into consideration any previous European criminal judgment rendered for another offence after a hearing of the accused with a view to attaching to this judgment all or some of the effects which its law attaches to judgments rendered in its territory. It shall determine the conditions in which this judgment is taken into consideration.

text: Article 56

text: Each Contracting State shall legislate as it deems appropriate to allow the taking into consideration of any European criminal judgment rendered after a hearing of the accused so as to enable application of all or part of a disqualification attached by its law to judgments rendered in its territory. It shall determine the conditions in which this judgment is taken into consideration.

text: Article 57

text: Part IV – Final provisions

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

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

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

text: Article 58

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State to accede thereto, provided that the resolution containing such invitation receives the unanimous agreement of the members of the Council who have ratified the Convention.

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

text: Article 59

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

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

text: Article 66

text: of this Convention.

text: Article 60

text: Any Contracting State may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, declare that it avails itself of one or more of the reservations provided for in Appendix I to this Convention.

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

text: A Contracting State which has made a reservation in respect of any provision of this Convention may not claim the application of that provision by any other State; 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 61

text: Any Contracting State may at any time, by declaration addressed to the Secretary General of the Council of Europe, set out the legal provisions to be included in Appendices II or III to this Convention.

text: Any change of the national provisions listed in Appendices II or III shall be notified to the Secretary General of the Council of Europe if such a change renders the information in these appendices incorrect.

text: Any changes made in Appendices II or III in application of the preceding paragraphs shall take effect in each Contracting State one month after the date of their notification by the Secretary General of the Council of Europe.

text: Article 62

text: Each Contracting State shall, at the time of depositing its instrument of ratification, acceptance or accession, supply the Secretary General of the Council of Europe with relevant information on the sanctions applicable in that State and their enforcement, for the purposes of the application of this Convention.

text: Any subsequent change which renders the information supplied in accordance with the previous paragraph incorrect shall also be notified to the Secretary General of the Council of Europe.

text: Article 63

text: This Convention affects neither the rights and the undertakings derived from extradition treaties and international multilateral conventions concerning special matters, nor provisions concerning matters which are dealt with in the present Convention and which are contained in other existing conventions between Contracting States.

text: The Contracting States may not conclude bilateral or multilateral agreements with one another on the matters dealt with in this Convention, except in order to supplement its provisions or facilitate application of the principles embodied in it.

text: Should two or more Contracting States, however, have already established their relations in this matter on the basis of uniform legislation, or instituted a special system of their own, or should they in future do so, they shall be entitled to regulate those relations accordingly, notwithstanding the terms of this Convention.

text: Contracting States ceasing to apply the terms of this Convention to their mutual relations in this matter shall notify the Secretary General of the Council of Europe to that effect.

text: Article 64

text: The European Committee on Crime Problems of the Council of Europe shall be kept informed regarding the application of this Convention and shall do whatever is needful to facilitate a friendly settlement of any difficulty which may arise out of its execution.

text: Article 65

text: This Convention shall remain in force indefinitely.

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

text: Article 66

text: The Secretary General of the Council of Europe shall notify the member States represented on the Committee of Ministers of the Council, and any State that has acceded to this Convention, of:

text: any signature;

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

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

text: Article 58

text: thereof; d any declaration received in pursuance of

text: Article 19

text: , paragraph 2: e any declaration received in pursuance of

text: Article 44

text: , paragraph 4: f any declaration received in pursuance of

text: Article 60

text: : g any reservation made in pursuance of the provisions of

text: Article 61

text: , paragraph 1, and the withdrawal of such reservation; h any declaration received in pursuance of

text: Article 62

text: , paragraph 1, and any subsequent notification received in pursuance of that article, paragraph 2; i any information received in pursuance of

text: Article 63

text: , paragraph 1, and any subsequent notification received in pursuance of that article, paragraph 2; j any notification concerning the bilateral or multilateral agreements concluded in pursuance of

text: Article 64

text: , paragraph 2, or concerning uniform legislation introduced in pursuance of

text: Article 64

text: , paragraph 3; k any notification received in pursuance of

text: Article 66

text: , and the date on which denunciation takes effect.

text: Article 67

text: This Convention and the declarations and notifications authorised thereunder shall apply only to the enforcement of decisions rendered after the entry into force of the Convention between the Contracting States concerned.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at The Hague, this 28th day of May 1970, in English and French, both texts being equally authoritative in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 68


identifier: ETS No. 071

reference: ETS No. 071

title: European Convention on the Repatriation of Minors

text: European Treaty Series - No. 71

text: European Convention on the Repatriation of Minors

text: The Hague, 28.V.1970

text: Preamble

text: The member States of the Council of Europe, signatory hereto, Considering that their close unity is manifested particularly in increased movements of persons; Considering that although this generally has beneficial consequences, certain problems are nevertheless involved, in particular when a minor is in the territory of a State against the will of those responsible for protecting his interests or when his presence in the territory of a State is incompatible either with his own interests or those of that State; Convinced of the necessity for mutual co-operation to enable such minors to be compulsorily transferred from one State to another, Have agreed as follows:

text: Section I – General information

text: For the purposes of this Convention: a the term "minor" shall mean any person not having attained his majority under the law applicable according to the rules of private international law of the requesting State and who under this same law has not the right himself to determine his own place of residence; b the term "parental authority" shall mean the authority devolving upon natural or legal persons under the law or by a legal or administrative decision, to determine a minor's place of residence; c the term "repatriation" shall mean the transfer, in implementation of this Convention, of a minor from one Contracting State to another Contracting State, whether or not the latter is the State of which he is a national.

text: Article 1

text: the presence of the minor in the territory of the requested State is incompatible with a measure of protection or re-education taken in respect of him by the competent authorities of the requesting State;

text: the presence of the minor is necessary in the territory of the requesting State because of the institution of proceedings there with a view to taking measures of protection and reeducation in respect of him.

text: This Convention shall apply to minors in the territory of a Contracting State whose repatriation is requested by another Contracting State for one of the following reasons: a the presence of the minor in the territory of the requested State is against the will of the person or persons having parental authority in respect of him;

text: ETS 71 – Repatriation of Minors, 28.V.1970 __________________________________________________________________________________

text: This Convention shall also apply to the repatriation of minors whose presence in its territory a Contracting State deems to be incompatible with its own interests or with the interests of the minors concerned, provided that its legislation authorises removal of the minor from its territory.

text: Article 2

text: Each Contracting State shall designate a central authority to formulate, issue and receive requests for repatriation and notify the Secretary General of the Council of Europe of the authority so designated.

text: Article 3

text: Section II – Repatriation of a minor on the request of a State other than the State of sojourn

text: Applications for the repatriation of a minor for one of the reasons set out in

text: Article 2

text: , paragraph 1, shall be addressed to the central authority of the State to which the minor is to be repatriated.

text: If the competent authorities of that State consider that the application is well founded and reasonable, the central authority shall issue a request for repatriation to the central authority of the State of sojourn of the minor.

text: Article 4

text: No decision shall be taken concerning a request for repatriation until the minor, if his capacity for discernment allows, has been heard in person by a competent authority in the requested State.

text: The said authority shall also endeavour to obtain the views of those persons having an interest in the decision, in particular, those having parental authority or those who, in the territory of the requested State, have de facto custody of the minor. This ascertainment of views shall not take place in so far as it is likely to prejudice the interests of the minor by reason of the delay which it may cause.

text: Article 5

text: The requested State shall grant any request for repatriation which is in conformity with the provisions of the present Convention and grounded on

text: Article 2

text: , paragraph 1, unless it exercises its right to refuse a request in accordance with

text: Articles 7

text: and 8.

text: Article 6

text: A request may be refused:

text: if the minor, according to the law applicable under the rules of private international law of the requested State, has the right himself to determine his place of residence, or if such a right follows from the national law of the requested State;

text: if it is grounded on

text: Article 2

text: , paragraph 1.a and is designed to submit the minor to the authority of a person or persons who do not have parental authority according to the law applicable under the rules of private international law of the requested State or do not have parental authority under the national law of the requested State;

text: if the requested State considers that the requesting State is not competent to take the measures referred to in

text: Article 2

text: , paragraph 1.b and c;

ordinal: d

text: if the requested State considers that the repatriation of the minor would be contrary to ordre public;

text: if the minor is a national of the requested State;

ordinal: f

text: if the minor in question is a national of a State which is not a Party to the Convention, and whose repatriation would not be compatible with the obligations existing between that State and the requested State.

text: Article 7

text: The requested State may, moreover, having regard to all the aspects of the case, refuse the request:

text: if, being present in the territory of the requested State, the person or persons having parental authority or those having care of the minor, oppose repatriation;

text: if the repatriation is considered by the requested State to be contrary to the interests of the minor, in particular when he has effective family or social ties in that State or when repatriation is incompatible with a measure of protection or re-education taken in the said State.

text: Article 8

text: The decision of the requested State on the request may be postponed:

text: if the parental authority upon which the request is based is contested on serious grounds;

text: if it considers it necessary to prosecute the minor for an offence or to require him to bsubmit to a penal sanction involving deprivation of liberty.

text: Article 9

text: If the request is granted the competent authorities in the requesting State and the requested State shall agree as promptly as possible on the repatriation procedure.

text: Article 10

text: The requested State may take such provisional measures as seem necessary for the purpose of repatriation, in particular placing the minor in a home for juveniles. It may at any time terminate these measures which shall, in any case, be terminated after the expiration of a period of 30 days if the request has not been granted. The measures in question are governed by the domestic law of the requested State.

text: Article 11

text: In urgent cases, the central authority in the requesting State may ask that the provisional measures mentioned in

text: Article 11

text: be taken before the requested State has received the request for repatriation. Such measures shall cease if the request for repatriation has not been received within ten days.

text: Article 12

text: No prosecution may be initiated or continued in the requesting State against a person repatriated in accordance with the provisions of this section for offences committed prior to his repatriation, unless the requested State expressly consents to such prosecution. Such consent shall also be required in order to enforce a penal sanction involving deprivation of liberty or any more severe sentence passed in the requesting State before repatriation.

text: The consent referred to in paragraph 1 shall be governed by the rules regulating extradition in the requested State or by such other rule established there for the implementation of this article.

text: Consent may not be withheld in cases where the requested State would be obliged to grant extradition, were extradition to be requested.

text: Article 13

text: Section III – Repatriation on the request of the State of sojourn

text: when the person or persons having parental authority are in another Contracting State, the request shall be addressed to that other State;

text: when the person or persons having parental authority are in a State which is not a party to this Convention, the request shall be addressed to the Contracting State where the minor has his habitual residence;

text: when it is not known in what State the person or persons having parental authority are to be found or when no one has parental authority, the request shall be addressed to the Contracting State where the minor has his habitual residence or, if repatriation to that State is not agreed to or otherwise proves impossible, to the Contracting State of which the minor is a national.

text: In the cases provided for in

text: Article 2

text: , paragraph 2, the State of sojourn of the minor may request another Contracting State to agree to the repatriation of such a minor as hereinafter provided:

text: The provisions of paragraph 1 shall not affect the powers which Contracting States enjoy under their own legislation in respect of foreign nationals.

text: Article 14

text: If the requested State agrees to receive the minor the competent authorities in the requesting State and in the requested State shall agree as promptly as possible on the repatriation procedure.

text: The request relating to repatriation may be accompanied by a request that measures be taken which are deemed appropriate because of the conduct, or the situation, of the minor in the requesting State. The request may also specify all other conditions with which the repatriation must comply.

text: Article 15

text: Section IV – Common provisions

text: the name of the issuing central authority;

text: the identity and nationality of the minor whose repatriation is requested and, if possible, his address in the requested State;

text: the reasons invoked in support of the request;

text: if applicable, the authority or person making the application for repatriation as well as their legal relations with the minor.

text: All requests relating to repatriation shall be submitted in writing and shall state, in particular:

text: In cases grounded on

text: Article 2

text: , paragraph 1, the request shall be accompanied, where appropriate, by the original or a certified copy either of the document proving parental authority except where such authority derives directly from law, or of the decision ordering a measure of protection or re-education of the minor concerned or of the documents proving the necessity for the minor to appear at the proceedings in course in the requesting State and the purpose of such proceedings.

text: If the requested State considers that the information supplied by the requesting State is not sufficient to enable it to decide on the request, it shall ask for the necessary additional information. It may fix a time-limit for the receipt of such information.

text: Article 16

text: Subject to paragraph 2 of this article, no translation of requests or of the supporting documents shall be required.

text: Any Contracting State may, when signing or depositing its instrument of ratification, acceptance or accession, by a declaration addressed to the Secretary General of the Council of Europe, reserve the right to stipulate that requests and supporting documents shall be accompanied by a translation into its own language or one of its languages or into one of the official languages of the Council of Europe or into such one of those languages as it shall indicate. The other Contracting States may apply reciprocity.

text: This article shall be without prejudice to any provision concerning translation of requests and supporting documents contained in agreements or arrangements now in force or which may be concluded between two or more Contracting States.

text: Article 17

text: Evidence and documents transmitted in connection with this Convention shall be exempt from all formalities of legalisation.

text: Article 18

text: The transit of a minor in process of repatriation, in pursuance of the present Convention, through the territory of a Contracting State, shall be authorised upon simple notification, of which there shall be a written record by the State from which the repatriation is to be effected.

text: the minor is the subject of a criminal prosecution in the State of transit or if he is required to submit to a penal sanction involving deprivation of liberty or a more severe penalty; b the minor is a national of the State of transit. 3 If transit is not refused, the minor may neither be arrested nor detained in the State of transit for offences committed before his entry into that State. 4 The State of transit shall seek to ensure that the minor does not elude repatriation.

text: Transit may be refused when:

text: Article 19

text: Reasons shall be given for any refusal of repatriation or transit.

text: Article 20

text: Communications between central authorities in connection with the implementation of this Convention may be transmitted through the International Criminal Police Organisation (Interpol).

text: Article 21

text: Any costs incurred in implementing this Convention shall be borne by: a the requested State, if such costs are incurred in its territory; b the requesting State, in all other cases. 2 This article shall not prevent the recovery of costs from the minor or other persons responsible for them.

text: Article 22

text: Section V – Final clauses

text: This Convention shall be open to signature by the member States represented on the Committee of Ministers of the Council of Europe. It shall be subjected to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe. 2 This Convention shall enter into force three months after the date of deposit of the third instrument of ratification or acceptance. 3 In respect of a signatory State ratifying or accepting subsequently, the Convention shall come into force three months after the date of deposit of its instrument of ratification or acceptance.

text: Article 23

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State to accede thereto. 2 Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit.

text: Article 24

text: Any Contracting State may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, make a declaration defining, as far as it is concerned, the term "nationals" as used in this Convention.

text: Article 25

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

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

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

text: Article 29

text: of this Convention.

text: Article 26

text: Subject to the provisions of paragraphs 3 and 4 of this article, this Convention shall, in respect of the territories to which it applies, supersede the provisions of any treaties, conventions or bilateral agreements between Contracting States governing the repatriation of minors for the reasons specified in

text: Article 2

text: , to the extent that the Contracting States may always avail themselves of the facilities for repatriation provided for in this Convention.

text: This Convention shall not prevent repatriation or extradition founded either on international agreements or conventions, or on the internal law of the State in question.

text: Contracting States may conclude between themselves bilateral or multilateral agreements on matters governed by this Convention; however, such agreements shall only be made in order to supplement the provisions of this Convention or to facilitate the application of the principles contained herein. Such bilateral or multilateral agreements or arrangements may provide, in particular, for direct relations between competent national authorities.

text: Furthermore, where two or more Contracting States have established or establish relations on the basis of uniform legislation or a special system, these States shall, notwithstanding the provisions of this Convention, be free to regulate their mutual relations in this field exclusively in accordance with such legislation or system. Contracting States which, in accordance with this paragraph, exclude, as between themselves, the application of this Convention, shall notify the Secretary General of the Council of Europe accordingly.

text: Article 27

text: The Council of Europe shall keep itself informed concerning the application of this Convention and shall do whatever is needful to facilitate a friendly settlement of any difficulty which may arise out of its execution.

text: Article 28

text: This Convention shall remain in force indefinitely.

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

text: Article 29

text: The Secretary General of the Council of Europe shall inform the member States represented on the Committee of Ministers of the Council and any State which has acceded to this Convention of: a any signature; b any deposit of an instrument of ratification, acceptance or accession; c any notification received in accordance with

text: Article 3

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

text: Article 23

text: thereof; e any declaration received in accordance with

text: Article 25

text: ; f any notification received in accordance with

text: Article 26

text: ; g any notification received in accordance with

text: Article 27

text: , paragraph 4; h any notification received in pursuance of

text: Article 29

text: and the date on which the denunciation takes effect.

text: In witness whereof, the undersigned, being duly authorised thereto, have signed this Convention. Done at The Hague this 28th May 1970 in English and in French, both texts being equally authoritative, in a single copy, which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory and acceding governments.

text: Article 30


identifier: ETS No. 072

reference: ETS No. 072

title: Convention relating to Stops on Bearer Securities in International Circulation

text: European Treaty Series - No. 72

text: Convention relating to Stops on Bearer Securities in International Circulation

text: The Hague, 28.V.1970

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve a closer union among its members, in particular by the adoption of common rules in the legal field; Considering that the number of bearer securities in circulation in several countries is steadily growing and that the widening circulation of such securities is making it increasingly difficult to protect a person who has been dispossessed of a security of this kind; Considering that it is now appropriate to introduce a uniform procedure enabling a person who is dispossessed of a bearer security in international circulation to place a stop with effect in the territories of all the Contracting Parties; Considering that it is also appropriate to take account of the legitimate interests of the current holder of the security and in particular to allow him to have the stop rapidly removed, Have agreed as follows:

text: An international stop may be placed in accordance with the provisions of this Convention on a bearer security in international circulation of which a person has been dispossessed either by loss, or by theft, wrongful conversion, fraud or any other unlawful act.

text: For the purposes of this Convention, the expression "bearer security" means: a a security other than a banknote and which by virtue of its characteristics is capable of being dealt in on a stock exchange, provided that it is itself a bearer security in the accepted sense, or a security which according to the rules governing its transferability may circulate as a bearer security; b a sheet of coupons or a coupon of such a security, except where such coupon or coupons confer entitlement to an amount in cash only.

text: Article 1

text: For the purpose of this Convention, a security is deemed to be in international circulation only if it is a security which appears in a list drawn up and kept up to date by the Secretary General of the Council of Europe, after consultation with the International Federation of Stock Exchanges.

text: ETS 72 – Bearer Securities, 28.V.1970 __________________________________________________________________________________

text: This list shall comprise bearer securities which, in at least two States being members of the Council of Europe or having acceded to this Convention, are either quoted on a stock exchange or have a market with regularly published prices.

text: Article 3

text: A stop placed under this Convention shall be the subject of international publication.

text: Article 4

text: The Regulations appended to this Convention lay down the procedures for the publication and distribution of the list referred to in

text: Article 3

text: and for the international publication of a stop provided for in

text: Article 4

text: . The said Regulations may provide for the establishment of a Central Office, to be designated by the Committee of Ministers of the Council of Europe.

text: Such Regulations may be amended at any time by the Committee of Ministers of the Council of Europe, at meetings limited to the representatives of member States which have ratified or accepted the Convention, after consultation with such States as may have acceded to the Convention pursuant to

text: Article 23

text: ; a decision to this effect shall be by a two-thirds majority of the votes cast.

text: Article 5

text: The Council of Europe shall bear the expenses connected with the list referred to in

text: Article 3

text: Each Contracting Party shall bear the expenses connected with the establishment and operations of the national authority referred to in

text: Article 7

text: The Contracting Parties shall bear the other expenses incurred in the application of this Convention and of the Regulations; such expenses shall be shared between them according to the rules of paragraph b of Article 38 of the Statute of the Council of Europe.

text: Article 6

text: Each Contracting Party shall notify to the Secretary General of the Council of Europe the name and address of the national authority in its territory which has been entrusted with the functions assigned to it by this Convention.

text: Article 7

text: the nature and description of the security and, where applicable, its series and nominal value and, in respect of each category, its number or, where applicable, numbers in ascending order and any other particulars necessary for identification;

text: the applicant's name and the address to which any notification to him under this Convention may be sent;

text: the capacity in which the applicant held the security or the rights asserted by him in respect thereof;

text: the circumstances in which the applicant was dispossessed of the security and at least the approximate date of the loss or the unlawful act;

text: where known, the name and address of the current holder of the security. 2 An application shall be rejected by the national authority where manifestly: a it is not in accordance with the provisions of this Convention; or b it contains inaccuracies. 3 An application may be rejected where international publication is subject to the payment of fees in advance and the applicant has not paid them.

text: An application for international publication of a stop may be made to any one of the national authorities provided for in

text: Article 7

text: . Such application shall specify:

text: Article 8

text: When a security is already the subject of a stop under this Convention, a subsequent stop on the same security applied for by a different person shall be treated as a separate stop and shall be given international publication in accordance with the procedure laid down in the Regulations.

text: Article 9

text: A request by a national authority for the international publication of a stop shall contain the particulars referred to in paragraph 1.a of

text: Article 8

text: Article 10

text: The international publication of the particulars supplied by a national authority shall be effected as soon as possible. 2 The international publication shall specify the national authority requesting the publication. Any person may request such national authority to communicate to him the name and address of the person who placed the stop. 3 If the national authority which has requested the publication of a stop on a security accepts another stop on the same security, it shall ex officio communicate the name and address of the person who has placed such other stop to any person who has asked for information about the previous stop. 4 The termination of an international stop shall also be published as soon as possible, according to the procedure laid down in the Regulations.

text: Article 11

text: The national authority which requested the international publication of a stop shall ask for such publication to be terminated: a when the person who placed the stop declares that he does not wish to maintain such international publication; b when the current holder of the security has requested such national authority to communicate his name and address to the person who placed the stop and the latter does not, within two months of such communication, show proof of having instituted legal proceedings against such current holder; c when such national authority concludes that the maintenance of the international publication is manifestly ill-founded.

text: The national authority of the Contracting Party in whose territory the market where the current holder acquired the security is situated shall ask for the international publication of the stop to be terminated if such national authority concludes that the current holder manifestly acquired in good faith a good title to the security before such publication.

text: For the purpose of the foregoing paragraph, the deposit of a security with any organisation whose function is to ensure the circulation of securities by their transfer from one account to another and which may deliver like securities without identity of number, shall be deemed to be an acquisition of the security on a market. The name and address of any such organisation must have been previously notified to the Secretary General of the Council of Europe by the Contracting Party in whose territory it is situated.

text: Any Contracting Party may provide in its law that a decision by its national authority under the provisions of paragraphs 1.c, 2 and 3 of this article shall be based on a judicial decision given in proceedings instituted upon an ex parte application by the current holder or in accordance with any other simple and expeditious procedure.

text: Subject to the provisions of the preceding paragraphs of this article, the circumstances in which a national authority which has requested the international publication of a stop may or shall request the termination of such publication may be specified in the law of the Contracting Party of such national authority.

text: A national authority which has requested the termination of the international publication of a stop shall inform the person who placed the stop of such termination. This information shall state the facts on which the termination was based. In the case of termination under the provisions of paragraphs 2 and 3 of this article, this information shall be transmitted through the national authority which requested the international publication of the stop.

text: Article 12

text: the national authority which requested the international publication of the stop is situated;

text: the current holder has his habitual residence;

text: the person who placed the stop has his habitual residence;

text: the issuing body has its registered office;

text: the market where the current holder acquired the security is situated

text: The courts of the Contracting Parties within whose jurisdiction:

text: shall be competent to decide the termination of international publication of a stop. The current holder of the security shall have a choice between these courts.

text: The national authority of the Contracting Party in whose territory a court is seized of the matter shall request the termination of international publication of the stop if such termination is ordered by an enforceable decision.

text: The courts referred to in paragraph 1 of this article may subordinate the continuation or termination of the international publication of the stop to conditions to be fulfilled either by the person who placed the stop or by the current holder.

text: Article 13

text: A professional intermediary may refuse to act in the purchase or sale of a security which is the subject of international publication of a stop.

text: Article 14

text: A professional intermediary who, in execution of a sale of unspecified securities, has delivered a security which on the day of delivery is the subject of international publication of a stop shall deliver to the buyer, whether a professional intermediary or not, another security of the same kind in exchange for the stopped security. This provision shall apply whenever the intermediary acts in his own name, whether for his own account or for the account of another.

text: The provisions of the foregoing paragraph are without prejudice to any other rights of the buyer under the law applicable.

text: Article 15

text: subsequent to a purchase, or

text: with a view to sale, or

text: by way of pledge, or

text: for the purpose of deposit, except where the deposit involves merely the safe-custody of the security.

text: When a security which is the subject of international publication of a stop is handed to a professional intermediary or depositary, whether personally or to his employees, after the day on which the international publication reached him or could have reached him, he must, if he receives the security, communicate the name and address of the person who handed it to him to the national authority which requested the international publication of the stop; he shall make this communication either directly or through his own national authority.

text: This provision applies only to securities handed to a professional intermediary or depositary:

text: A professional intermediary or depositary who does not comply with the provisions of the preceding paragraph shall be liable for the loss or damage caused thereby.

text: Any Contracting Party may provide that paragraph 1 of this article shall not apply to the case of a professional intermediary or depositary who receives a security from another professional intermediary or depositary in his country, provided only that the professional intermediary or depositary who receives the security shall remain liable for the loss or damage due to the fact that the information referred to in paragraph 1 of this article was not communicated.

text: Any Contracting Party may provide in its law that the communication referred to in paragraph 1 shall be subject to the consent of the person who handed him the security, and that in the absence of such consent, the professional intermediary or depositary shall refuse receipt of such security.

text: Article 16

text: Where, under the law applicable, title to a stopped security depends on the good faith of a professional intermediary who obtained the security from a person who was not entitled to dispose of it, good faith shall not be recognised if the time at which that professional intermediary is required to have been in good faith is subsequent to the day on which the international publication of the stop reached him or could have reached him.

text: Article 17

text: A professional intermediary or depositary who has received a security handed to him in the circumstances set out in paragraph 1 of

text: Article 16

text: , and who, by any act makes the recovery of the security by the person who placed the stop impossible or more difficult, shall be liable for the loss or damage caused to the person who placed the stop.

text: the return of the security to the person who handed it to him;

text: acts of mere administration.

text: A professional intermediary or depositary shall not be liable under the terms of the foregoing paragraph by reason of:

text: Article 18

text: The provisions of

text: Articles 16

text: and 18 shall not prevent a Contracting Party from introducing or retaining in its law provisions which impose additional obligations or responsibilities on a professional intermediary or depositary.

text: Article 19

text: This Convention shall not prevent a Contracting Party from introducing or retaining in its law other procedures, in particular for national stops or for the cancellation of securities, in order to protect a person dispossessed of a security to which this Convention applies.

text: In respect of such a security, each national authority shall request the international publication, in accordance with the provisions of

text: Article 11

text: and the Regulations, of national stops, cancellations or proceedings relating to such cancellations which have been published in accordance with the law of the Contracting Party to which the national authority belongs. Such international publication shall be for information and shall not have the legal effects specified by this Convention. However, any Contracting Party may attribute to procedures or measures instituted in the territory of another Contracting Party, or to their publication, the legal consequences it deems appropriate.

text: The Regulations shall determine whether any, and, if so, what securities, being the subject of a national publication effected prior to the entry into force of this Convention, shall be the subject of international publication.

text: Article 20

text: Where the Regulations provide that international publication shall be effected by the national authorities, any Contracting Party may restrict its edition of the international publication to those securities which in its territory are quoted on a stock exchange or have a market with regularly published prices.

text: For the purposes of

text: Articles 16

text: and 17, the day on which the international publication could have reached the professional intermediary or depositary shall, in relation to a stop on a security which does not appear in such restricted edition, be the day on which such national authority itself received notification of the stop.

text: The restriction of an edition of the international publication in accordance with paragraph 1 of this article shall apply equally to information published in accordance with paragraphs 2 and 3 of

text: Article 20

text: Article 21

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

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

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

text: Article 22

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, upon such terms and conditions as it deems appropriate, invite any non-member State to accede thereto.

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

text: Article 23

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

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

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

text: Article 26

text: of this Convention.

text: Article 24

text: No reservation may be made to the provisions of this Convention and of the Regulations.

text: Article 25

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

text: Article 26

text: The Secretary General of the Council of Europe shall: 1 communicate to each Contracting Party and to the national authorities referred to in

text: Article 7

text: of this Convention the information received pursuant to the said article; 2 notify the member States represented at the Committee of Ministers of the Council of Europe and any State which accedes to this Convention of: a each signature; b the deposit of each instrument of ratification, acceptance or accession; c each date of entry into force of this Convention pursuant to

text: Article 22

text: ; d any amendment to the Regulations provided for in

text: Article 5

text: ; e any notification received pursuant to paragraph 3 of

text: Article 12

text: ; f any declaration received pursuant to

text: Article 24

text: ; g any notification received pursuant to

text: Article 26

text: and the date on which denunciation takes effect.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at The Hague, this 28th day of May 1970, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

text: Article 27