identifier: ETS No. 030

reference: ETS No. 030

title: European Convention on Mutual Assistance in Criminal Matters

text: European Treaty Series - No. 30

text: European Convention on Mutual Assistance in Criminal Matters

text: Strasbourg, 20.IV.1959

text: Preamble

text: The governments signatory hereto, being members of the Council of Europe, Considering that the aim of the Council of Europe is to achieve greater unity among its members; Believing that the adoption of common rules in the field of mutual assistance in criminal matters will contribute to the attainment of this aim; Considering that such mutual assistance is related to the question of extradition, which has already formed the subject of a Convention signed on 13th December 1957, Have agreed as follows:

text: Chapter I – General provisions

text: The Contracting Parties undertake to afford each other, in accordance with the provisions of this Convention, the widest measure of mutual assistance in proceedings in respect of offences the punishment of which, at the time of the request for assistance, falls within the jurisdiction of the judicial authorities of the requesting Party. 2 This Convention does not apply to arrests, the enforcement of verdicts or offences under military law which are not offences under ordinary criminal law.

text: Article 1

text: Assistance may be refused: a if the request concerns an offence which the requested Party considers a political offence, an offence connected with a political offence, or a fiscal offence; b if the requested Party considers that execution of the request is likely to prejudice the sovereignty, security, ordre public or other essential interests of its country.

text: ETS 30 – Mutual Assistance in Criminal Matters, 20.IV.1959 __________________________________________________________________________________

text: Article 2

text: Chapter II – Letters rogatory

text: The requested Party shall execute in the manner provided for by its law any letters rogatory relating to a criminal matter and addressed to it by the judicial authorities of the requesting Party for the purpose of procuring evidence or transmitting articles to be produced in evidence, records or documents.

text: If the requesting Party desires witnesses or experts to give evidence on oath, it shall expressly so request, and the requested Party shall comply with the request if the law of its country does not prohibit it.

text: The requested Party may transmit certified copies or certified photostat copies of records or documents requested, unless the requesting Party expressly requests the transmission of originals, in which case the requested Party shall make every effort to comply with the request.

text: Article 3

text: On the express request of the requesting Party the requested Party shall state the date and place of execution of the letters rogatory. Officials and interested persons may be present if the requested Party consents.

text: Article 4

text: that the offence motivating the letters rogatory is punishable under both the law of the requesting Party and the law of the requested Party;

text: that the offence motivating the letters rogatory is an extraditable offence in the requested country;

text: that execution of the letters rogatory is consistent with the law of the requested Party.

text: Any Contracting Party may, by a declaration addressed to the Secretary General of the Council of Europe, when signing this Convention or depositing its instrument of ratification or accession, reserve the right to make the execution of letters rogatory for search or seizure of property dependent on one or more of the following conditions:

text: Where a Contracting Party makes a declaration in accordance with paragraph 1 of this article, any other Party may apply reciprocity.

text: Article 5

text: The requested Party may delay the handing over of any property, records or documents requested, if it requires the said property, records or documents in connection with pending criminal proceedings.

text: Any property, as well as original records or documents, handed over in execution of letters rogatory shall be returned by the requesting Party to the requested Party as soon as possible unless the latter Party waives the return thereof.

text: Article 6

text: Chapter III – Service of writs and records of judicial verdicts – Appearance of witnesses, experts and prosecuted persons

text: The requested Party shall effect service of writs and records of judicial verdicts which are transmitted to it for this purpose by the requesting Party.

text: Service may be effected by simple transmission of the writ or record to the person to be served. If the requesting Party expressly so requests, service shall be effected by the requested Party in the manner provided for the service of analogous documents under its own law or in a special manner consistent with such law.

text: Proof of service shall be given by means of a receipt dated and signed by the person served or by means of a declaration made by the requested Party that service has been effected and stating the form and date of such service. One or other of these documents shall be sent immediately to the requesting Party. The requested Party shall, if the requesting Party so requests, state whether service has been effected in accordance with the law of the requested Party. If service cannot be effected, the reasons shall be communicated immediately by the requested Party to the requesting Party.

text: Any Contracting Party may, by a declaration addressed to the Secretary General of the Council of Europe, when signing this Convention or depositing its instrument of ratification or accession, request that service of a summons on an accused person who is in its territory be transmitted to its authorities by a certain time before the date set for appearance. This time shall be specified in the aforesaid declaration and shall not exceed 50 days.

text: This time shall be taken into account when the date of appearance is being fixed and when the summons is being transmitted.

text: Article 7

text: A witness or expert who has failed to answer a summons to appear, service of which has been requested, shall not, even if the summons contains a notice of penalty, be subjected to any punishment or measure of restraint, unless subsequently he voluntarily enters the territory of the requesting Party and is there again duly summoned.

text: Article 8

text: The allowances, including subsistence, to be paid and the travelling expenses to be refunded to a witness or expert by the requesting Party shall be calculated as from his place of residence and shall be at rates at least equal to those provided for in the scales and rules in force in the country where the hearing is intended to take place.

text: Article 9

text: If the requesting Party considers the personal appearance of a witness or expert before its judicial authorities especially necessary, it shall so mention in its request for service of the summons and the requested Party shall invite the witness or expert to appear.

text: The requested Party shall inform the requesting Party of the reply of the witness or expert.

text: In the case provided for under paragraph 1 of this article the request or the summons shall indicate the approximate allowances payable and the travelling and subsistence expenses refundable.

text: If a specific request is made, the requested Party may grant the witness or expert an advance. The amount of the advance shall be endorsed on the summons and shall be refunded by the requesting Party.

text: Article 10

text: if the person in custody does not consent;

text: if his presence is necessary at criminal proceedings pending in the territory of the requested Party;

text: if transfer is liable to prolong his detention, or

text: if there are other overriding grounds for not transferring him to the territory of the requesting Party.

text: A person in custody whose personal appearance as a witness or for purposes of confrontation is applied for by the requesting Party shall be temporarily transferred to the territory where the hearing is intended to take place, provided that he shall be sent back within the period stipulated by the requested Party and subject to the provisions of

text: Article 12

text: in so far as these are applicable.

text: Transfer may be refused:

text: Subject to the provisions of

text: Article 2

text: , in a case coming within the immediately preceding paragraph, transit of the person in custody through the territory of a third State, Party to this Convention, shall be granted on application, accompanied by all necessary documents, addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the Party through whose territory transit is requested.

text: A Contracting Party may refuse to grant transit to its own nationals.

text: The transferred person shall remain in custody in the territory of the requesting Party and, where applicable, in the territory of the Party through which transit is requested, unless the Party from whom transfer is requested applies for his release.

text: Article 11

text: A witness or expert, whatever his nationality, appearing on a summons before the judicial authorities of the requesting Party shall not be prosecuted or detained or subjected to any other restriction of his personal liberty in the territory of that Party in respect of acts or convictions anterior to his departure from the territory of the requested Party.

text: A person, whatever his nationality, summoned before the judicial authorities of the requesting Party to answer for acts forming the subject of proceedings against him, shall not be prosecuted or detained or subjected to any other restriction of his personal liberty for acts or convictions anterior to his departure from the territory of the requested Party and not specified in the summons.

text: The immunity provided for in this article shall cease when the witness or expert or prosecuted person, having had for a period of fifteen consecutive days from the date when his presence is no longer required by the judicial authorities an opportunity of leaving, has nevertheless remained in the territory, or having left it, has returned.

text: Article 12

text: Chapter IV – Judicial records

text: A requested Party shall communicate extracts from and information relating to judicial records, requested from it by the judicial authorities of a Contracting Party and needed in a criminal matter, to the same extent that these may be made available to its own judicial authorities in like case.

text: In any case other than that provided for in paragraph 1 of this article the request shall be complied with in accordance with the conditions provided for by the law, regulations or practice of the requested Party.

text: Article 13

text: Chapter V – Procedure

text: the authority making the request,

text: the object of and the reason for the request,

text: where possible, the identity and the nationality of the person concerned, and

text: where necessary, the name and address of the person to be served.

text: Requests for mutual assistance shall indicate as follows:

text: Letters rogatory referred to in

text: Articles 3

text: , 4 and 5 shall, in addition, state the offence and contain a summary of the facts.

text: Article 14

text: Letters rogatory referred to in

text: Articles 3

text: , 4 and 5 as well as the applications referred to in

text: Article 11

text: shall be addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party and shall be returned through the same channels.

text: In case of urgency, letters rogatory may be addressed directly by the judicial authorities of the requesting Party to the judicial authorities of the requested Party. They shall be returned together with the relevant documents through the channels stipulated in paragraph 1 of this article.

text: Requests provided for in paragraph 1 of

text: Article 13

text: may be addressed directly by the judicial authorities concerned to the appropriate authorities of the requested Party, and the replies may be returned directly by those authorities. Requests provided for in paragraph 2 of

text: Article 13

text: shall be addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party.

text: Requests for mutual assistance, other than those provided for in paragraphs 1 and 3 of this article and, in particular, requests for investigation preliminary to prosecution, may be communicated directly between the judicial authorities.

text: In cases where direct transmission is permitted under this Convention, it may take place through the International Criminal Police Organisation (Interpol).

text: A Contracting Party may, when signing this Convention or depositing its instrument of ratification or accession, by a declaration addressed to the Secretary General of the Council of Europe, give notice that some or all requests for assistance shall be sent to it through channels other than those provided for in this article, or require that, in a case provided for in paragraph 2 of this article, a copy of the letters rogatory shall be transmitted at the same time to its Ministry of Justice.

text: The provisions of this article are without prejudice to those of bilateral agreements or arrangements in force between Contracting Parties which provide for the direct transmission of requests for assistance between their respective authorities.

text: Article 15

text: Subject to paragraph 2 of this article, translations of requests and annexed documents shall not be required.

text: Each Contracting Party may, when signing or depositing its instrument of ratification or accession, by means of a declaration addressed to the Secretary General of the Council of Europe, reserve the right to stipulate that requests and annexed documents shall be addressed to it accompanied by a translation into its own language or into either of the official languages of the Council of Europe or into one of the latter languages, specified by it. The other Contracting Parties may apply reciprocity.

text: This article is without prejudice to the provisions concerning the translation of requests or annexed documents contained in the agreements or arrangements in force or to be made between two or more Contracting Parties.

text: Article 16

text: Evidence or documents transmitted pursuant to this Convention shall not require any form of authentication.

text: Article 17

text: Where the authority which receives a request for mutual assistance has no jurisdiction to comply therewith, it shall, ex officio, transmit the request to the competent authority of its country and shall so inform the requesting Party through the direct channels, if the request has been addressed through such channels.

text: Article 18

text: Reasons shall be given for any refusal of mutual assistance.

text: Article 19

text: Subject to the provisions of

text: Article 10

text: , paragraph 3, execution of requests for mutual assistance shall not entail refunding of expenses except those incurred by the attendance of experts in the territory of the requested Party or the transfer of a person in custody carried out under

text: Article 11

text: Article 20

text: Chapter VI – Laying of information in connection with proceedings

text: Information laid by one Contracting Party with a view to proceedings in the courts of another Party shall be transmitted between the Ministries of Justice concerned unless a Contracting Party avails itself of the option provided for in paragraph 6 of

text: Article 15

text: The requested Party shall notify the requesting Party of any action taken on such information and shall forward a copy of the record of any verdict pronounced.

text: The provisions of

text: Article 16

text: shall apply to information laid under paragraph 1 of this article.

text: Article 21

text: Chapter VII – Exchange of information from judicial records

text: Each Contracting Party shall inform any other Party of all criminal convictions and subsequent measures in respect of nationals of the latter Party, entered in the judicial records. Ministries of Justice shall communicate such information to one another at least once a year. Where the person concerned is considered a national of two or more other Contracting Parties, the information shall be given to each of these Parties, unless the person is a national of the Party in the territory of which he was convicted.

text: Article 22

text: Chapter VIII – Final provisions

text: Any Contracting Party may, when signing this Convention or when depositing its instrument of ratification or accession, make a reservation in respect of any provision or provisions of the Convention.

text: Any Contracting Party which has made a reservation shall withdraw it as soon as circumstances permit. Such withdrawal shall be made by notification to the Secretary General of the Council of Europe.

text: A Contracting Party which has made a reservation in respect of a provision of the Convention may not claim application of the said provision by another Party save in so far as it has itself accepted the provision.

text: Article 23

text: A Contracting Party may, when signing the Convention or depositing its instrument of ratification or accession, by a declaration addressed to the Secretary General of the Council of Europe, define what authorities it will, for the purpose of the Convention, deem judicial authorities.

text: Article 24

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

text: In respect of France, it shall also apply to Algeria and to the overseas Departments, and, in respect of Italy, it shall also apply to the territory of Somaliland under Italian administration.

text: The Federal Republic of Germany may extend the application of this Convention to the Land of Berlin by notice addressed to the Secretary General of the Council of Europe.

text: In respect of the Kingdom of the Netherlands, the Convention shall apply to its European territory. The Netherlands may extend the application of this Convention to the Netherlands Antilles, Surinam and Netherlands New Guinea by notice addressed to the Secretary General of the Council of Europe.

text: By direct arrangement between two or more Contracting Parties and subject to the conditions laid down in the arrangement, the application of this Convention may be extended to any territory, other than the territories mentioned in paragraphs 1, 2, 3 and 4 of this article, of one of these Parties, for the international relations of which any such Party is responsible.

text: Article 25

text: Subject to the provisions of

text: Article 15

text: , paragraph 7, and

text: Article 16

text: , paragraph 3, this Convention shall, in respect of those countries to which it applies, supersede the provisions of any treaties, conventions or bilateral agreements governing mutual assistance in criminal matters between any two Contracting Parties.

text: This Convention shall not affect obligations incurred under the terms of any other bilateral or multilateral international convention which contains or may contain clauses governing specific aspects of mutual assistance in a given field.

text: The Contracting Parties may conclude between themselves bilateral or multilateral agreements on mutual assistance in criminal matters only in order to supplement the provisions of this Convention or to facilitate the application of the principles contained therein.

text: Where, as between two or more Contracting Parties, mutual assistance in criminal matters is practised on the basis of uniform legislation or of a special system providing for the reciprocal application in their respective territories of measures of mutual assistance, these Parties 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 Parties 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 26

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

text: The Convention shall come into force 90 days after the date of deposit of the third instrument of ratification.

text: As regards any signatory ratifying subsequently the Convention shall come into force 90 days after the date of the deposit of its instrument of ratification.

text: Article 27

text: The Committee of Ministers of the Council of Europe may invite any State not a member of the Council to accede to this Convention, provided that the resolution containing such invitation obtains the unanimous agreement of the members of the Council who have ratified the Convention.

text: Accession shall be by deposit with the Secretary General of the Council of an instrument of accession which shall take effect 90 days after the date of its deposit.

text: Article 28

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

text: Article 29

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

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

text: the date of entry into force of this Convention;

text: any notification received in accordance with the provisions of

text: Article 5

text: – paragraph 1,

text: Article 7

text: – paragraph 3,

text: Article 15

text: – paragraph 6,

text: Article 16

text: – paragraph 2,

text: Article 24

text: Article 25

text: – paragraphs 3 and 4,

text: Article 26

text: – paragraph 4;

text: any reservation made in accordance with

text: Article 23

text: , paragraph 1;

text: the withdrawal of any reservation in accordance with

text: Article 23

text: , paragraph 2;

text: any notification of denunciation received in accordance with the provisions of

text: Article 29

text: and the date on which such denunciation will take effect.

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

text: Done at Strasbourg, this 20th day of April 1959, 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 the signatory and acceding governments.

text: Article 30


doctype: treaty

identifier: ETS No. 031

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: ETS No. 031

title: European Agreement on the Abolition of Visas for Refugees

text: European Treaty Series - No. 31

type: stycke

text: Strasbourg, 20.IV.1959

text: The governments signatory hereto, being members of the Council of Europe, Desirous of facilitating travel for refugees residing in their territory, Have agreed as follows:

text: Refugees lawfully resident in the territory of a Contracting Party shall be exempt, under the terms of this Agreement and subject to reciprocity, from the obligation to obtain visas for entering or leaving the territory of another Party by any frontier, provided that: a they hold a valid travel document issued in accordance with the Convention on the Status of Refugees of 28th July 1951 or the Agreement relating to the issue of a travel document to refugees of 15th October 1946, by the authorities of the Contracting Party in whose territory they are lawfully resident; b their visit is of not more than three months' duration. 2 A visa may be required for a stay of longer than three months or for the purpose of taking up gainful employment in the territory of another Contracting Party.

text: Article 1

type: artikel

text: For the purposes of the present Agreement the "territory" of a Contracting Party shall have the meaning assigned to it by this Party in a declaration addressed to the Secretary General of the Council of Europe.

text: Article 2

text: To the extent that one or more Contracting Parties deem necessary, the frontier shall be crossed only at authorised points.

text: Article 3

text: The provisions of this Agreement shall be without prejudice to the laws or regulations governing visits by aliens to the territory of any Contracting Party. 2 Each Contracting Party reserves the right to prohibit persons it deems to be undesirable from entering or staying in its territory.

text: ETS 31 – Abolition of Visas for Refugees, 20.IV.1959 __________________________________________________________________________________

text: Article 4

text: Refugees who have entered the territory of a Contracting Party by virtue of the present Agreement shall be re-admitted at any time to the territory of the Contracting Party by whose authorities the travel document was issued, at the simple request of the first-mentioned Party, except where this Party has authorised the persons concerned to settle on its territory.

text: This Agreement shall not prejudice the provisions of any municipal law or bilateral or multilateral treaties, conventions or agreements now in force or which may hereafter enter into force, whereby more favourable terms are applied to refugees lawfully residing in the territory of a Contracting Party in respect of the crossing of frontiers.

text: Article 5

text: Each Contracting Party reserves the option, for reasons of ordre public, security or public health, to delay the entry into force of this Agreement, or order the temporary suspension thereof in respect of all or some of the other Parties, except in so far as the provisions of

text: Article 5

text: are concerned. The Secretary General of the Council of Europe shall immediately be informed when any such measure is taken and again when it ceases to be operative.

text: A Contracting Party which avails itself of either of the options provided for in the foregoing paragraph may not claim the application of this Agreement by any other Party save in so far as it also applies it in respect of that Party.

text: Article 7

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

ordinal: a

text: signature without reservation in respect of ratification, or

type: punkt

ordinal: b

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

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

text: Article 8

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

text: Article 8

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

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

text: Article 9

text: After this Agreement has entered into force the Committee of Ministers of the Council of Europe may, by unanimous vote, invite any government not a member of the Council, which is party either to the Convention on the Status of Refugees of 28th July 1951 or to the Agreement relating to the issue of a travel document to refugees of 15th October 1946, to accede to this Agreement. Such accession shall take effect one month after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

text: Article 10

text: The Secretary General of the Council of Europe shall notify member States of the Council and States acceding to this Agreement: a of every signature, with any reservations in respect of ratification, of the deposit of each instrument of ratification, and of the date on which the Agreement enters into force; b of the deposit of any instrument of accession in accordance with

text: Article 10

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

text: Articles 2

text: , 7 and 12, and the date on which it takes effect.

text: Article 11

text: Any Contracting Party may terminate its own application of the Agreement by giving three months' notice to that effect to the Secretary General of the Council of Europe.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Agreement. Done at Strasbourg, this 20th day of April 1959, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to the signatory governments.

text: Article 12

type: internationell-overenskommelse


identifier: ETS No. 032

openingPlace: Paris

reference: ETS No. 032

title: European Convention on the Academic Recognition of University Qualifications

text: European Treaty Series - No. 32

text: Qualifications

text: Paris, 14.XII.1959

text: The governments signatory hereto, being members of the Council of Europe, Having regard to the European Cultural Convention, signed in Paris on 19th December 1954; Having regard to the European Convention on the Equivalence of Diplomas leading to admission to Universities, signed in Paris on 11th December 1953; Having regard to the European Convention on the Equivalence of Periods of University Study, signed in Paris on 15th December 1956; Considering the desirability of supplementing those Conventions by providing for the academic recognition of university qualifications obtained abroad, Have agreed as follows:

text: For the purpose of the present Convention: a the term "universities" shall denote i universities, and ii institutions regarded as being of university level by the Contracting Party in whose territory they are situated and having the right to confer qualifications of university level; b the term "university qualification" shall denote any degree, diploma or certificate awarded by a university situated in the territory of a Contracting Party and marking the completion of a period of university study; c degrees, diplomas and certificates awarded on the results of a part-examination shall not be regarded as university qualifications within the meaning of sub-paragraph b of the present article.

text: _____ (*) Parties to the Convention on the Recognition of Qualifications concerning Higher Education in the European Region (ETS No. 165) undertook to abstain from becoming a Party to this Convention to which they are not already a Party (see Article XI.4 of ETS No. 165).

text: ETS 32 – Recognition of University Qualifications, 14.XII.1959 __________________________________________________________________________________

text: Article 1

text: the State;

text: the university;

ordinal: c

text: the State or the university, as the case may be.

text: For the purpose of the present Convention, Contracting Parties shall be divided into categories according to whether the authority competent in their territory to deal with matters pertaining to the equivalence of university qualifications is:

text: Each Contracting Party shall, within one year of the coming into force of the present Convention in respect of itself, inform the Secretary General of the Council of Europe which is the authority competent in its territory to deal with matters pertaining to the equivalence of university qualifications.

text: Article 2

text: Contracting Parties falling within category a in paragraph 1 of

text: Article 2

text: of the present Convention shall grant academic recognition to university qualifications conferred by a university situated in the territory of another Contracting Party.

text: to pursue further university studies and sit for academic examination on completion of such studies with a view to proceeding to a further degree, including that of a doctorate, on the same conditions as those applicable to nationals of the Contracting Party, where admission to such studies and examinations depends upon the possession of a similar national university qualification;

text: to use an academic title conferred by a foreign university, accompanied by an indication of its origin.

text: Such academic recognition of a foreign university qualification shall entitle the holder:

text: Article 3

text: In respect of sub-paragraph 2.a of

text: Article 3

text: of the present Convention, each Contracting Party may:

text: in cases where the examination requirements for a foreign university qualification do not include certain subjects prescribed for the similar national qualification, withhold recognition until a supplementary examination has been passed in the subjects in question;

text: require of holders of a foreign university qualification to pass a test in its official language, or one of its official languages, in the event of their studies having been pursued in another language.

text: Article 4

text: Contracting Parties falling within category b in paragraph 1 of

text: Article 2

text: of the present Convention shall transmit the text of the Convention to the authorities competent in their territory to deal with matters pertaining to the equivalence of university qualifications and shall encourage the favourable consideration and application by them of the principles set out in

text: Articles 3

text: and 4 thereof.

text: Article 5

text: Contracting Parties falling within category c in paragraph 2 of the present Convention shall apply the provisions of

text: Articles 3

text: and 4 thereof where the State is the authority competent to deal with the equivalence of university qualifications and shall apply the provisions of

text: Article 5

text: thereof where the State is not the competent authority in these matters.

text: Article 6

text: The Secretary General of the Council of Europe may from time to time request Contracting Parties to furnish a written statement on the measures and decisions taken with a view to implementing the provisions of the present Convention.

text: Article 7

text: The Secretary General of the Council of Europe shall communicate to the other Contracting Parties the information received from each of them in accordance with

text: Articles 2

text: and 7 of the present Convention and shall keep the Committee of Ministers informed of the progress made in the implementation of the present Convention.

text: Article 8

text: Nothing in this Convention shall be deemed:

text: to affect any more favourable provisions concerning the recognition of foreign university qualifications contained in an existing convention to which a Contracting Party may be signatory or to render less desirable the conclusion of any further such convention by any of the Contracting Parties, or

text: to prejudice the obligation of any person to comply with the laws and regulations in force in the territory of any Contracting Party concerning the entry, residence and departure of foreigners.

text: Article 9

text: The present Convention shall be open to the signature of the members of the Council of Europe. It shall be ratified. The instruments of ratification shall be deposited with the Secretary General of the Council of Europe.

text: The Convention shall enter into force one month after the date of deposit of the third instrument of ratification.

text: In respect of any signatory ratifying subsequently, the Convention shall enter into force one month after the date of deposit of its instrument of ratification.

text: After the entry into force of the present Convention, the Committee of Ministers may invite any State which is not a member of the Council to accede thereto. Any State so invited may accede by depositing its instrument of accession with the Secretary General of the Council. As regards an acceding State, the present Convention shall enter into force one month after the date of deposit of its instrument of accession.

text: The Secretary General of the Council of Europe shall notify all members of the Council and any acceding State of the deposit of all instruments of ratification and accession.

text: Article 10

text: Any Contracting Party may, at the time of deposit of its instrument of ratification or accession, or at any time thereafter, declare by notification addressed to the Secretary General of the Council of Europe that the present Convention shall apply to some or all of the territories for the international relations of which it is responsible.

text: Article 11

text: Any Contracting Party may denounce the present Convention at any time after it has been in force for a period of five years by means of a notification addressed to the Secretary General of the Council of Europe, who shall so inform the other Contracting Parties.

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

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

text: Done at Paris, this 14th day of December 1959, in the English and French languages, 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 12


identifier: ETS No. 033

reference: ETS No. 033

text: European Treaty Series - No. 33

text: Strasbourg, 28.IV.1960

text: Preamble

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

text: Considering that a State may in exceptional circumstances find itself suddenly to be without sufficient stocks of medical, surgical and laboratory equipment to satisfy the most urgent requirements of the population;

text: Considering that it is desirable to facilitate the crossing of frontiers for medical, surgical and laboratory equipment which one member State may be able to make available to another;

text: Considering, further, that the aim of the Council of Europe is to achieve a greater unity between its members and to facilitate their economic and social progress by various means including the conclusion of European agreements;

text: Recognising that a practical way of achieving that aim would be the conclusion of an agreement providing for the free passage of medical, surgical and laboratory equipment on loan,

text: Have agreed as follows:

text: The Contracting Parties shall, provided that they have sufficient stocks for their own needs, make medical, surgical and laboratory equipment available on free loan to such other Contracting Parties as may, in exceptional circumstances, have urgent need of it; such equipment shall, upon request, be sent to the Party concerned and shall subsequently be returned.

text: Each Contracting Party benefiting under the terms of the previous paragraph shall grant all possible facilities for the importation on a temporary basis of the equipment loaned.

text: _____ (*) Text amended pursuant to the provisions of the Additional Protocol to the Agreement on the Temporary Importation, free of duty, of Medical, Surgical and Laboratory Equipment for use on free loan in Hospitals and other Medical Institutions for purposes of Diagnosis or Treatment (ETS No. 110) as from its entry into force, on 1 January 1985. The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community entered into force on 1 December 2009. As a consequence, as from that date, any reference to the European Economic Community shall be read as the European Union.

text: ETS 33 – Medical, Surgical and Laboratory Equipment, 28.IV.1960 __________________________________________________________________________________

text: Article 1

text: The period of temporary importation shall not exceed six months in the first instance but may, with the agreement of the exporting country, be extended for a further period subject to the same conditions.

text: The above facilities shall be granted only in respect of medical, surgical and laboratory equipment for use in hospitals and other medical institutions. They shall include the issue of any licences required for the temporary importation of such equipment and the suspension of import duties and import taxes (including all duties and taxes whatsoever chargeable by reason of importation) other than charges for actual expenses incurred by the authorities of the country of temporary importation.

text: Article 2

text: Notwithstanding the provisions of

text: Articles 1

text: and 2 above, the competent authorities of the importing State may take such measures as may be necessary either to ensure the reexportation of any such equipment imported on a temporary basis, once the exceptional circumstances shall have ceased to exist or the time-limit provided for under paragraph 1 of

text: Article 2

text: above has elapsed, whichever is the earlier, or to ensure payment of any import duties and import taxes which become payable in the case of any failure to re-export the equipment.

text: Article 3

text: The provisions of this Agreement shall not prejudice more favourable provisions for the temporary importation of the equipment referred to in

text: Article 1

text: , contained in the laws or regulations of any Contracting Party or in any convention, treaty or agreement in force between two or more Contracting Parties to the present Agreement.

text: Article 4

text: signature without reservation in respect of ratification, or

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

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

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

text: The European Economic Community may become a Contracting Party to the Agreement by signing it.

text: In respect of the Community, the Agreement shall enter into force on the first day of the month following such signature.

text: _____ (1) Text amended pursuant to the provisions of the Additional Protocol to the Agreement (ETS No. 110).

text: Article 5

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

text: Article 5

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

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

text: Article 6

text: The Committee of Ministers of the Council of Europe may invite any non-member State to accede to this Agreement. Such accession shall take effect three months after the date on which the instrument of accession was deposited with the Secretary General of the Council of Europe.

text: Article 7

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

text: of the date of entry into force of this Agreement and the names of any members who have signed without reservation in respect of ratification or who have ratified it;

text: of the deposit of any instrument of accession in accordance with

text: Article 7

text: Article 8

text: This Agreement shall remain in force indefinitely.

text: Any Contracting Party may withdraw from the Agreement by giving one year's notice to that effect to the Secretary General of the Council of Europe.

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

text: Done at Strasbourg, this 28th day of April 1960, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall send certified copies to each of the signatory and acceding governments.

text: Article 9


identifier: ETS No. 034

reference: ETS No. 034

title: European Agreement on the Protection of Television Broadcasts

text: European Treaty Series - No. 34

text: Strasbourg, 22.VI.1960

text: Preamble

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

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

text: Considering that exchanges of television programmes between the countries of Europe are calculated to further the achievement of that object;

text: Considering that these exchanges are hampered by the fact that the majority of television organisations are at present powerless to restrain the re-broadcasting, fixation or public performance of their broadcasts, whereas the organisers of musical or dramatic performances or the like, and the promoters of sports meetings, make their consent to broadcasting to other countries conditional upon an undertaking that the relays will not be used for purposes other than private viewing;

text: Considering that the international protection of television broadcasts will in no way affect any rights of third parties in these broadcasts;

text: Considering that the problem is one of some urgency, in view of the installations and links now being brought into service throughout Europe, which are such as to make it easy from the technical point of view for European television organisations to exchange their programmes;

text: Considering that, pending the conclusion of a potentially universal convention on "neighbouring rights" at present in contemplation, it is fitting to conclude a regional Agreement restricted in scope to television broadcasts and of limited duration,

text: Have agreed as follows:

text: Broadcasting organisations constituted in the territory and under the laws of a Party to this Agreement or transmitting from such territory shall enjoy, in respect of all their television broadcasts:

text: _____ (*) Text amended according to the provisions of the Protocol (ETS No. 54), which entered into force on 24 March 1965, of the Additional Protocol to the Protocol (ETS No. 81), which entered into force on 31 December 1965 and of the Additional Protocol to the Protocol (ETS No. 113), which entered into force on 1 January 1985.

text: ETS 34 – Protection of Television Broadcasts, 22.VI.1960 __________________________________________________________________________________

text: the re-broadcasting of such broadcasts;

text: the diffusion of such broadcasts to the public by wire;

text: the communication of such broadcasts to the public by means of any instrument for the transmission of signs, sounds or images;

ordinal: d

text: any fixation of such broadcasts or still photographs thereof, and any reproduction of such a fixation; and

ordinal: e

text: re-broadcasting, wire diffusion or public performance with the aid of the fixations or reproductions referred to in sub-paragraph d of this paragraph, except where the organisation in which the right vests has authorised the sale of the said fixations or reproductions to the public;

text: in the territory of all Parties to this Agreement, the right to authorise or prohibit:

text: in the territory of any other Party to this Agreement, the same protection as that other Party may extend to organisations constituted in its territory and under its laws or transmitting from its territory, where such protection is greater than that provided for in paragraph 1 above.

text: Article 1

text: Subject to paragraph 2 of

text: Article 1

text: , and

text: Articles 13

text: and 14, the protection provided for in paragraph 1 of

text: Article 1

text: shall last not less than a period of twenty years from the end of the year in which the broadcast took place.

text: Article 2

text: withhold the protection provided for in sub-paragraph 1.b of

text: Article 1

text: as regards broadcasting organisations constituted in their territory or transmitting from such territory, and restrict the exercise of such protection, as regards broadcasts by broadcasting organisations constituted in the territory of another Party to this Agreement or transmitting from such territory, to a percentage of the transmissions by such organisations, which shall not be less than 50% of the average weekly duration of the broadcasts of each of these organisations.

text: withhold the protection provided for in sub-paragraph 1.c of

text: Article 1

text: , where the communication is not to a paying audience within the meaning of their domestic law;

text: withhold the protection provided for in sub-paragraph 1.d of

text: Article 1

text: , where the fixation or reproduction of the fixation is made for private use, or solely for educational purposes;

text: withhold the protection provided for in sub-paragraphs 1.d and e of

text: Article 1

text: , in respect of still photographs or reproductions of such photographs;

text: without prejudice to sub-paragraph 1.a of this article, withhold all protection provided for in this Agreement from television broadcasts by broadcasting organisations constituted in their territory and under their laws or transmitting from such territory, where such broadcasts enjoy protection under their domestic law;

ordinal: f

text: restrict the operation of this Agreement to broadcasting organisations constituted in the territory and under the laws of a Party to this Agreement and also transmitting from the territory of such Party.

text: Parties to this Agreement, by making a declaration as provided in

text: Article 10

text: , and in respect of their own territory, may:

text: _____ (1) Text amended according to the provisions of Protocol (ETS No. 54), which entered into force on 24 March 1965. (2) Text amended according to the provisions of Protocol (ETS No. 54), which entered into force on 24 March 1965. This Protocol provides in

text: Article 2

text: , paragraph 4, that "Any State which in accordance with

text: Article 10

text: of the Agreement has, before the entry into force of this Protocol, availed itself of the option in sub-paragraph 1.a of

text: Article 3

text: of the Agreement may, notwithstanding anything in paragraph 1 of the present article, maintain the application of such option".

text: for the purpose of reporting current events, in respect of the re-broadcasting, fixation or reproduction of the fixation, wire diffusion or public performance of short extracts from a broadcast which itself constitutes the whole or part of the event in question;

text: in respect of the making of ephemeral fixations of television broadcasts by a broadcasting organisation by means of its own facilities and for its own broadcasts.

text: It shall be open to the aforesaid Parties, in respect of their own territory, to provide exceptions to the protection of television broadcasts:

text: The aforesaid Parties may, in respect of their own territory, provide for a body with jurisdiction over cases where the right of diffusion to the public by wire referred to in sub-paragraph 1.b of

text: Article 1

text: , or the right of communication to the public referred to in sub-paragraph 1.c of

text: Article 1

text: , has been unreasonably refused or granted on unreasonable terms by the broadcasting organisation in which the said right vests.

text: Article 3

text: Fixations of a broadcast in which protection under this Agreement subsists, or still photographs thereof, as well as reproductions of such photographs, made in a territory to which this Agreement does not apply and imported into the territory of a Party to this Agreement where they would be unlawful without the consent of the broadcasting organisation in which the right vests, shall be liable to seizure in the latter territory.

text: The provisions of the last preceding paragraph shall apply to the importation into the territory of a Party to this Agreement of still photographs of a broadcast in which protection under this Agreement subsists and of reproductions of such photographs, where such photographs or reproductions are made in the territory of another Party to this Agreement by virtue of subparagraph 1.d of

text: Article 3

text: Seizure shall be effected in accordance with the domestic law of each Party to this Agreement.

text: No Party to this Agreement shall be required to provide protection in respect of still photographs, or the reproduction of such photographs, of broadcasts made by a broadcasting organisation constituted in the territory and under the laws of another Party to this Agreement or transmitting from such territory, if the said other Party has availed itself of the reservation provided for in sub-paragraph 1.d of

text: Article 3

text: Article 4

text: The protection afforded by this Agreement shall apply both in relation to the visual element and in relation to the sound element of a television broadcast. It shall not affect the sound element when broadcast separately.

text: Article 5

text: The protection provided for in

text: Article 1

text: shall not affect any rights in respect of a television broadcast that may accrue to third parties, such as authors, performers, film makers, manufacturers of phonographic records or organisers of entertainments.

text: It shall likewise be without prejudice to any protection of television broadcasts that may be accorded apart from this Agreement.

text: Article 6

text: signature without reservation in respect of ratification; or

text: signature with reservation in respect of ratification, followed by the deposit of an instrument of ratification.

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

text: Article 7

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

text: Article 7

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

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

text: Article 8

text: After this Agreement has come into force, any European government which is not a member of the Council of Europe or any non-European government having political ties with a member of the Council of Europe may accede to it, subject to the prior approval of the Committee of Ministers of the Council of Europe.

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

text: Article 9

text: Signature, ratification or accession shall imply full acceptance of all the provisions of this Agreement; provided always that any country may declare, at the time of signature or of deposit of its instrument of ratification or accession, that it intends to avail itself of one or more of the options in paragraph 1 of

text: Article 3

text: above.

text: Article 10

text: The Secretary General of the Council of Europe shall notify members of the Council, the governments of any countries which may have acceded to this Agreement and the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works:

text: of any signatures, together with any reservations as to ratification, of the deposit of instruments of ratification and of the date of entry into force of this Agreement;

text: of the deposit of any instruments of accession in accordance with

text: Article 9

text: of any declaration or notification received in accordance with

text: Articles 12

text: , 13 or 14;

text: of any decision of the Committee of Ministers taken in pursuance of paragraph 2 of

text: Article 13

text: Article 11

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

text: Any Party may, at the time of signature, of the deposit of its instrument of ratification or accession, or at any later date, declare by notice addressed to the Secretary General of the Council of Europe that this Agreement shall extend to any or all of the territories for whose international relations it is responsible.

text: Any government which has made a declaration under paragraph 2 of this article extending this Agreement to any territory for whose international relations it is responsible may denounce the Agreement separately in respect of that territory in accordance with

text: Article 14

text: thereof.

text: Article 12

text: Nevertheless, as from 1 January 1990, no State may remain or become a Party to this Agreement unless it is also a Party to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations signed in Rome on 26 October 1961.

text: Article 13

text: Any Contracting Party may denounce this Agreement by giving one year's notice to that effect to the Secretary General of the Council of Europe.

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

text: Done at Strasbourg, this 22nd day of June 1960, in English and French, both texts being equally authoritative, in a single copy, which shall remain in the archives of the Council of Europe and of which the Secretary General shall send certified copies to each of the signatory and acceding governments and to the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works.

text: _____ (1) Text amended according to the provisions of Protocol (ETS No. 54), which entered into force on 24 March 1965, of Additional Protocol to the Protocol (ETS No. 81), which entered into force on 31 December 1965 and of Additional Protocol to the Protocol (ETS No. 113), which entered into force on 1 January 1985.

text: Article 14


identifier: ETS No. 035

openingPlace: Turin

reference: ETS No. 035

title: European Social Charter

text: European Treaty Series - No. 35

text: European Social Charter

text: Turin, 18.X.1961

text: Preamble

text: The governments signatory hereto, being members of the Council of Europe, Considering that the aim of the Council of Europe is the achievement of greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and of facilitating their economic and social progress, in particular by the maintenance and further realisation of human rights and fundamental freedoms; Considering that in the European

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

text: signed at Rome on 4th November 1950, and the Protocol thereto signed at Paris on 20th March 1952, the member States of the Council of Europe agreed to secure to their populations the civil and political rights and freedoms therein specified; Considering that the enjoyment of social rights should be secured without discrimination on grounds of race, colour, sex, religion, political opinion, national extraction or social origin; Being resolved to make every effort in common to improve the standard of living and to promote the social well being of both their urban and rural populations by means of appropriate institutions and action, Have agreed as follows: Part I The Contracting Parties accept as the aim of their policy, to be pursued by all appropriate means, both national and international in character, the attainment of conditions in which the following rights and principles may be effectively realised: 1 Everyone shall have the opportunity to earn his living in an occupation freely entered upon. 2 All workers have the right to just conditions of work. 3 All workers have the right to safe and healthy working conditions. 4 All workers have the right to a fair remuneration sufficient for a decent standard of living for themselves and their families. 5 All workers and employers have the right to freedom of association in national or international organisations for the protection of their economic and social interests. 6 All workers and employers have the right to bargain collectively.

text: ETS 35 – Social Charter, 18.X.1961 __________________________________________________________________________________

text: 7 Children and young persons have the right to a special protection against the physical and moral hazards to which they are exposed. 8 Employed women, in case of maternity, and other employed women as appropriate, have the right to a special protection in their work. 9 Everyone has the right to appropriate facilities for vocational guidance with a view to helping him choose an occupation suited to his personal aptitude and interests. 10 Everyone has the right to appropriate facilities for vocational training. 11 Everyone has the right to benefit from any measures enabling him to enjoy the highest possible standard of health attainable. 12 All workers and their dependents have the right to social security. 13 Anyone without adequate resources has the right to social and medical assistance. 14 Everyone has the right to benefit from social welfare services. 15 Disabled persons have the right to vocational training, rehabilitation and resettlement, whatever the origin and nature of their disability. 16 The family as a fundamental unit of society has the right to appropriate social, legal and economic protection to ensure its full development. 17 Mothers and children, irrespective of marital status and family relations, have the right to appropriate social and economic protection. 18 The nationals of any one of the Contracting Parties have the right to engage in any gainful occupation in the territory of any one of the others on a footing of equality with the nationals of the latter, subject to restrictions based on cogent economic or social reasons. 19 Migrant workers who are nationals of a Contracting Party and their families have the right to protection and assistance in the territory of any other Contracting Party.

text: Part II

type: rubrik

text: The Contracting Parties undertake, as provided for in Part III, to consider themselves bound by the obligations laid down in the following articles and paragraphs.

text: With a view to ensuring the effective exercise of the right to work, the Contracting Parties undertake: 1 to accept as one of their primary aims and responsibilities the achievement and maintenance of as high and stable a level of employment as possible, with a view to the attainment of full employment; 2 to protect effectively the right of the worker to earn his living in an occupation freely entered upon; 3 to establish or maintain free employment services for all workers; 4 to provide or promote appropriate vocational guidance, training and rehabilitation.

text: Article 1 – The right to work

text: With a view to ensuring the effective exercise of the right to just conditions of work, the Contracting Parties undertake: 1 to provide for reasonable daily and weekly working hours, the working week to be progressively reduced to the extent that the increase of productivity and other relevant factors permit; 2 to provide for public holidays with pay; 3 to provide for a minimum of two weeks annual holiday with pay; 4 to provide for additional paid holidays or reduced working hours for workers engaged in dangerous or unhealthy occupations as prescribed; 5 to ensure a weekly rest period which shall, as far as possible, coincide with the day recognised by tradition or custom in the country or region concerned as a day of rest.

text: Article 2 – The right to just conditions of work

text: With a view to ensuring the effective exercise of the right to safe and healthy working conditions, the Contracting Parties undertake: 1 to issue safety and health regulations; 2 to provide for the enforcement of such regulations by measures of supervision; 3 to consult, as appropriate, employers' and workers' organisations on measures intended to improve industrial safety and health.

text: Article 3 – The right to safe and healthy working conditions

text: With a view to ensuring the effective exercise of the right to a fair remuneration, the Contracting Parties undertake: 1 to recognise the right of workers to a remuneration such as will give them and their families a decent standard of living; 2 to recognise the right of workers to an increased rate of remuneration for overtime work, subject to exceptions in particular cases; 3 to recognise the right of men and women workers to equal pay for work of equal value; 4 to recognise the right of all workers to a reasonable period of notice for termination of employment; 5 to permit deductions from wages only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitration awards. The exercise of these rights shall be achieved by freely concluded collective agreements, by statutory wage fixing machinery, or by other means appropriate to national conditions.

text: Article 4 – The right to a fair remuneration

text: With a view to ensuring or promoting the freedom of workers and employers to form local, national or international organisations for the protection of their economic and social interests and to join those organisations, the Contracting Parties undertake that national law shall not be such as to impair, nor shall it be so applied as to impair, this freedom. The extent to which the guarantees provided for in this article shall apply to the police shall be determined by national laws or regulations. The principle governing the application to the members of the armed forces of these guarantees and the extent to which they shall apply to persons in this category shall equally be determined by national laws or regulations.

text: Article 5 – The right to organise

text: With a view to ensuring the effective exercise of the right to bargain collectively, the Contracting Parties undertake:

text: to promote joint consultation between workers and employers;

text: to promote, where necessary and appropriate, machinery for voluntary negotiations between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements;

text: to promote the establishment and use of appropriate machinery for conciliation and voluntary arbitration for the settlement of labour disputes;

text: and recognise:

text: the right of workers and employers to collective action in cases of conflicts of interest, including the right to strike, subject to obligations that might arise out of collective agreements previously entered into.

text: Article 6 – The right to bargain collectively

text: With a view to ensuring the effective exercise of the right of children and young persons to protection, the Contracting Parties undertake:

text: to provide that the minimum age of admission to employment shall be 15 years, subject to exceptions for children employed in prescribed light work without harm to their health, morals or education;

text: to provide that a higher minimum age of admission to employment shall be fixed with respect to prescribed occupations regarded as dangerous or unhealthy;

text: to provide that persons who are still subject to compulsory education shall not be employed in such work as would deprive them of the full benefit of their education;

text: to provide that the working hours of persons under 16 years of age shall be limited in accordance with the needs of their development, and particularly with their need for vocational training;

text: to recognise the right of young workers and apprentices to a fair wage or other appropriate allowances;

text: to provide that the time spent by young persons in vocational training during the normal working hours with the consent of the employer shall be treated as forming part of the working day;

text: to provide that employed persons of under 18 years of age shall be entitled to not less than three weeks' annual holiday with pay;

text: to provide that persons under 18 years of age shall not be employed in night work with the exception of certain occupations provided for by national laws or regulations;

text: to provide that persons under 18 years of age employed in occupations prescribed by national laws or regulations shall be subject to regular medical control;

text: to ensure special protection against physical and moral dangers to which children and young persons are exposed, and particularly against those resulting directly or indirectly from their work.

text: Article 7 – The right of children and young persons to protection

text: With a view to ensuring the effective exercise of the right of employed women to protection, the Contracting Parties undertake:

text: to provide either by paid leave, by adequate social security benefits or by benefits from public funds for women to take leave before and after childbirth up to a total of at least 12 weeks;

text: to consider it as unlawful for an employer to give a woman notice of dismissal during her absence on maternity leave or to give her notice of dismissal at such a time that the notice would expire during such absence;

text: to provide that mothers who are nursing their infants shall be entitled to sufficient time off for this purpose;

text: to prohibit the employment of women workers in underground mining, and, as appropriate, on all other work which is unsuitable for them by reason of its dangerous, unhealthy, or arduous nature.

text: a to regulate the employment of women workers on night work in industrial employment;

text: Article 8 – The right of employed women to protection

text: With a view to ensuring the effective exercise of the right to vocational guidance, the Contracting Parties undertake to provide or promote, as necessary, a service which will assist all persons, including the handicapped, to solve problems related to occupational choice and progress, with due regard to the individual's characteristics and their relation to occupational opportunity: this assistance should be available free of charge, both to young persons, including school children, and to adults.

text: Article 9 – The right to vocational guidance

text: With a view to ensuring the effective exercise of the right to vocational training, the Contracting Parties undertake:

text: to provide or promote, as necessary, the technical and vocational training of all persons, including the handicapped, in consultation with employers' and workers' organisations, and to grant facilities for access to higher technical and university education, based solely on individual aptitude;

text: to provide or promote a system of apprenticeship and other systematic arrangements for training young boys and girls in their various employments;

text: to provide or promote, as necessary: a adequate and readily available training facilities for adult workers; b special facilities for the re training of adult workers needed as a result of technological development or new trends in employment; 4 to encourage the full utilisation of the facilities provided by appropriate measures such as: a reducing or abolishing any fees or charges; b granting financial assistance in appropriate cases; c including in the normal working hours time spent on supplementary training taken by the worker, at the request of his employer, during employment; d ensuring, through adequate supervision, in consultation with the employers' and workers' organisations, the efficiency of apprenticeship and other training arrangements for young workers, and the adequate protection of young workers generally.

text: Article 10 – The right to vocational training

text: With a view to ensuring the effective exercise of the right to protection of health, the Contracting Parties undertake, either directly or in co operation with public or private organisations, to take appropriate measures designed inter alia: 1 to remove as far as possible the causes of ill health; 2 to provide advisory and educational facilities for the promotion of health and the encouragement of individual responsibility in matters of health; 3 to prevent as far as possible epidemic, endemic and other diseases.

text: Article 11 – The right to protection of health

text: With a view to ensuring the effective exercise of the right to social security, the Contracting Parties undertake: 1 to establish or maintain a system of social security; 2 to maintain the social security system at a satisfactory level at least equal to that required for ratification of International Labour Convention (No. 102) Concerning Minimum Standards of Social Security; 3 to endeavour to raise progressively the system of social security to a higher level; 4 to take steps, by the conclusion of appropriate bilateral and multilateral agreements, or by other means, and subject to the conditions laid down in such agreements, in order to ensure: a equal treatment with their own nationals of the nationals of other Contracting Parties in respect of social security rights, including the retention of benefits arising out of social security legislation, whatever movements the persons protected may undertake between the territories of the Contracting Parties;

text: the granting, maintenance and resumption of social security rights by such means as the accumulation of insurance or employment periods completed under the legislation of each of the Contracting Parties.

text: Article 12 – The right to social security

text: With a view to ensuring the effective exercise of the right to social and medical assistance, the Contracting Parties undertake:

text: to ensure that any person who is without adequate resources and who is unable to secure such resources either by his own efforts or from other sources, in particular by benefits under a social security scheme, be granted adequate assistance, and, in case of sickness, the care necessitated by his condition;

text: to ensure that persons receiving such assistance shall not, for that reason, suffer from a diminution of their political or social rights;

text: to provide that everyone may receive by appropriate public or private services such advice and personal help as may be required to prevent, to remove, or to alleviate personal or family want;

text: to apply the provisions referred to in paragraphs 1, 2 and 3 of this article on an equal footing with their nationals to nationals of other Contracting Parties lawfully within their territories, in accordance with their obligations under the European Convention on Social and Medical Assistance, signed at Paris on 11th December 1953.

text: Article 13 – The right to social and medical assistance

text: With a view to ensuring the effective exercise of the right to benefit from social welfare services, the Contracting Parties undertake:

text: to promote or provide services which, by using methods of social work, would contribute to the welfare and development of both individuals and groups in the community, and to their adjustment to the social environment;

text: to encourage the participation of individuals and voluntary or other organisations in the establishment and maintenance of such services.

text: Article 14 – The right to benefit from social welfare services

text: With a view to ensuring the effective exercise of the right of the physically or mentally disabled to vocational training, rehabilitation and resettlement, the Contracting Parties undertake:

text: to take adequate measures for the provision of training facilities, including, where necessary, specialised institutions, public or private;

text: to take adequate measures for the placing of disabled persons in employment, such as specialised placing services, facilities for sheltered employment and measures to encourage employers to admit disabled persons to employment.

text: Article 15 – The right of physically or mentally disabled persons to vocational training, rehabilitation and social resettlement

text: With a view to ensuring the necessary conditions for the full development of the family, which is a fundamental unit of society, the Contracting Parties undertake to promote the economic, legal and social protection of family life by such means as social and family benefits, fiscal arrangements, provision of family housing, benefits for the newly married, and other appropriate means.

text: Article 16 – The right of the family to social, legal and economic protection

text: With a view to ensuring the effective exercise of the right of mothers and children to social and economic protection, the Contracting Parties will take all appropriate and necessary measures to that end, including the establishment or maintenance of appropriate institutions or services.

text: Article 17 – The right of mothers and children to social and economic protection

text: With a view to ensuring the effective exercise of the right to engage in a gainful occupation in the territory of any other Contracting Party, the Contracting Parties undertake:

text: to apply existing regulations in a spirit of liberality;

text: to simplify existing formalities and to reduce or abolish chancery dues and other charges payable by foreign workers or their employers;

text: to liberalise, individually or collectively, regulations governing the employment of foreign workers;

text: and recognise:

text: the right of their nationals to leave the country to engage in a gainful occupation in the territories of the other Contracting Parties.

text: Article 18 – The right to engage in a gainful occupation in the territory of other Contracting Parties

text: With a view to ensuring the effective exercise of the right of migrant workers and their families to protection and assistance in the territory of any other Contracting Party, the Contracting Parties undertake:

text: to maintain or to satisfy themselves that there are maintained adequate and free services to assist such workers, particularly in obtaining accurate information, and to take all appropriate steps, so far as national laws and regulations permit, against misleading propaganda relating to emigration and immigration;

text: to adopt appropriate measures within their own jurisdiction to facilitate the departure, journey and reception of such workers and their families, and to provide, within their own jurisdiction, appropriate services for health, medical attention and good hygienic conditions during the journey;

text: to promote co operation, as appropriate, between social services, public and private, in emigration and immigration countries;

text: remuneration and other employment and working conditions;

text: membership of trade unions and enjoyment of the benefits of collective bargaining;

text: accommodation;

text: to secure for such workers lawfully within their territories, insofar as such matters are regulated by law or regulations or are subject to the control of administrative authorities, treatment not less favourable than that of their own nationals in respect of the following matters:

text: to secure for such workers lawfully within their territories treatment not less favourable than that of their own nationals with regard to employment taxes, dues or contributions payable in respect of employed persons;

text: to facilitate as far as possible the reunion of the family of a foreign worker permitted to establish himself in the territory;

text: to secure for such workers lawfully within their territories treatment not less favourable than that of their own nationals in respect of legal proceedings relating to matters referred to in this article;

text: to secure that such workers lawfully residing within their territories are not expelled unless they endanger national security or offend against public interest or morality;

text: to permit, within legal limits, the transfer of such parts of the earnings and savings of such workers as they may desire;

text: to extend the protection and assistance provided for in this article to self employed migrants insofar as such measures apply.

text: Article 19 – The right of migrant workers and their families to protection and assistance

text: Part III

text: to consider Part I of this Charter as a declaration of the aims which it will pursue by all appropriate means, as stated in the introductory paragraph of that part;

text: to consider itself bound by at least five of the following articles of Part II of this Charter:

text: Articles 1

text: , 5, 6, 12, 13, 16 and 19;

text: in addition to the articles selected by it in accordance with the preceding sub paragraph, to consider itself bound by such a number of articles or numbered paragraphs of Part II of the Charter as it may select, provided that the total number of articles or numbered paragraphs by which it is bound is not less than 10 articles or 45 numbered paragraphs.

text: Each of the Contracting Parties undertakes:

text: The articles or paragraphs selected in accordance with sub paragraphs b and c of paragraph 1 of this article shall be notified to the Secretary General of the Council of Europe at the time when the instrument of ratification or approval of the Contracting Party concerned is deposited.

text: Any Contracting Party may, at a later date, declare by notification to the Secretary General that it considers itself bound by any articles or any numbered paragraphs of Part II of the Charter which it has not already accepted under the terms of paragraph 1 of this article. Such undertakings subsequently given shall be deemed to be an integral part of the ratification or approval, and shall have the same effect as from the thirtieth day after the date of the notification.

text: The Secretary General shall communicate to all the signatory governments and to the Director General of the International Labour Office any notification which he shall have received pursuant to this part of the Charter.

text: Each Contracting Party shall maintain a system of labour inspection appropriate to national conditions.

text: Article 20 – Undertakings

text: Part IV

text: The Contracting Parties shall send to the Secretary General of the Council of Europe a report at two yearly intervals, in a form to be determined by the Committee of Ministers, concerning the application of such provisions of Part II of the Charter as they have accepted.

text: Article 21 – Reports concerning accepted provisions

text: The Contracting Parties shall send to the Secretary General, at appropriate intervals as requested by the Committee of Ministers, reports relating to the provisions of Part II of the Charter which they did not accept at the time of their ratification or approval or in a subsequent notification. The Committee of Ministers shall determine from time to time in respect of which provisions such reports shall be requested and the form of the reports to be provided.

text: Article 22 – Reports concerning provisions which are not accepted

text: Each Contracting Party shall communicate copies of its reports referred to in

text: Articles 21

text: and 22 to such of its national organisations as are members of the international organisations of employers and trade unions to be invited under

text: Article 27

text: , paragraph 2, to be represented at meetings of the Sub committee of the Governmental Social Committee.

text: The Contracting Parties shall forward to the Secretary General any comments on the aid reports received from these national organisations, if so requested by them.

text: Article 23 – Communication of copies

text: The reports sent to the Secretary General in accordance with

text: Articles 21

text: and 22 shall be examined by a Committee of Experts, who shall have also before them any comments forwarded to the Secretary General in accordance with paragraph 2 of

text: Article 23

text: Article 24 – Examination of the reports

text: The Committee of Experts shall consist of not more than seven members appointed by the Committee of Ministers from a list of independent experts of the highest integrity and of recognised competence in international social questions, nominated by the Contracting Parties.

text: The members of the committee shall be appointed for a period of six years. They may be reappointed. However, of the members first appointed, the terms of office of two members shall expire at the end of four years.

text: The members whose terms of office are to expire at the end of the initial period of four years shall be chosen by lot by the Committee of Ministers immediately after the first appointment has been made.

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

text: Article 25 – Committee of Experts

text: The International Labour Organisation shall be invited to nominate a representative to participate in a consultative capacity in the deliberations of the Committee of Experts.

text: Article 26 – Participation of the International Labour Organisation

text: The reports of the Contracting Parties and the conclusions of the Committee of Experts shall be submitted for examination to a sub committee of the Governmental Social Committee of the Council of Europe.

text: The sub committee shall be composed of one representative of each of the Contracting Parties. It shall invite no more than two international organisations of employers and no more than two international trade union organisations as it may designate to be represented as observers in a consultative capacity at its meetings. Moreover, it may consult no more than two representatives of international non governmental organisations having consultative status with the Council of Europe, in respect of questions with which the organisations are particularly qualified to deal, such as social welfare, and the economic and social protection of the family.

text: The sub committee shall present to the Committee of Ministers a report containing its conclusions and append the report of the Committee of Experts.

text: Article 27 – Sub-committee of the Governmental Social Committee

text: The Secretary General of the Council of Europe shall transmit to the Consultative Assembly the conclusions of the Committee of Experts. The Consultative Assembly shall communicate its views on these conclusions to the Committee of Ministers.

text: Article 28 – Consultative Assembly

text: By a majority of two thirds of the members entitled to sit on the Committee, the Committee of Ministers may, on the basis of the report of the sub committee, and after consultation with the Consultative Assembly, make to each Contracting Party any necessary recommendations.

text: Article 29 – Committee of Ministers

text: Part V

text: In time of war or other public emergency threatening the life of the nation any Contracting Party may take measures derogating from its obligations under this Charter to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.

text: Any Contracting Party which has availed itself of this right of derogation shall, within a reasonable lapse of time, keep the Secretary General of the Council of Europe fully informed of the measures taken and of the reasons therefor. It shall likewise inform the Secretary General when such measures have ceased to operate and the provisions of the Charter which it has accepted are again being fully executed.

text: The Secretary General shall in turn inform other Contracting Parties and the Director General of the International Labour Office of all communications received in accordance with paragraph 2 of this article.

text: Article 30 – Derogations in time of war or public emergency

text: The rights and principles set forth in Part I when effectively realised, and their effective exercise as provided for in Part II, shall not be subject to any restrictions or limitations not specified in those parts, except such as are prescribed by law and are necessary in a democratic society for the protection of the rights and freedoms of others or for the protection of public interest, national security, public health, or morals.

text: The restrictions permitted under this Charter to the rights and obligations set forth herein shall not be applied for any purpose other than that for which they have been prescribed.

text: Article 31 – Restrictions

text: The provisions of this Charter shall not prejudice the provisions of domestic law or of any bilateral or multilateral treaties, conventions or agreements which are already in force, or may come into force, under which more favourable treatment would be accorded to the persons protected.

text: Article 32 – Relations between the Charter and domestic law or international agreements

text: In member States where the provisions of paragraphs 1, 2, 3, 4 and 5 of

text: Article 2

text: , paragraphs 4, 6 and 7 of

text: Article 7

text: and paragraphs 1, 2, 3 and 4 of

text: Article 10

text: of Part II of this Charter are matters normally left to agreements between employers or employers' organisations and workers' organisations, or are normally carried out otherwise than by law, the undertakings of those paragraphs may be given and compliance with them shall be treated as effective if their provisions are applied through such agreements or other means to the great majority of the workers concerned.

text: In member States where these provisions are normally the subject of legislation, the undertakings concerned may likewise be given, and compliance with them shall be regarded as effective if the provisions are applied by law to the great majority of the workers concerned.

text: Article 33 – Implementation by collective agreements

text: This Charter shall apply to the metropolitan territory of each Contracting Party. Each signatory government may, at the time of signature or of the deposit of its instrument of ratification or approval, specify, by declaration addressed to the Secretary General of the Council of Europe, the territory which shall be considered to be its metropolitan territory for this purpose.

text: Any Contracting Party may, at the time of ratification or approval of this Charter or at any time thereafter, declare by notification addressed to the Secretary General of the Council of Europe, that the Charter shall extend in whole or in part to a non metropolitan territory or territories specified in the said declaration for whose international relations it is responsible or for which it assumes international responsibility. It shall specify in the declaration the articles or paragraphs of Part II of the Charter which it accepts as binding in respect of the territories named in the declaration.

text: The Charter shall extend to the territory or territories named in the aforesaid declaration as from the thirtieth day after the date on which the Secretary General shall have received notification of such declaration.

text: Any Contracting Party may declare at a later date, by notification addressed to the Secretary General of the Council of Europe, that, in respect of one or more of the territories to which the Charter has been extended in accordance with paragraph 2 of this article, it accepts as binding any articles or any numbered paragraphs which it has not already accepted in respect of that territory or territories. Such undertakings subsequently given shall be deemed to be an integral part of the original declaration in respect of the territory concerned, and shall have the same effect as from the thirtieth day after the date of the notification.

text: The Secretary General shall communicate to the other signatory governments and to the Director General of the International Labour Office any notification transmitted to him in accordance with this article.

text: Article 34 – Territorial application

text: This Charter shall be open for signature by the members of the Council of Europe. It shall be ratified or approved. Instruments of ratification or approval shall be deposited with the Secretary General of the Council of Europe.

text: This Charter shall come into force as from the thirtieth day after the date of deposit of the fifth instrument of ratification or approval.

text: In respect of any signatory government ratifying subsequently, the Charter shall come into force as from the thirtieth day after the date of deposit of its instrument of ratification or approval.

text: The Secretary General shall notify all the members of the Council of Europe and the irector General of the International Labour Office of the entry into force of the Charter, the names of the Contracting Parties which have ratified or approved it and the subsequent deposit of any instruments of ratification or approval.

text: Article 35 – Signature, ratification and entry into force

text: Any member of the Council of Europe may propose amendments to this Charter in a communication addressed to the Secretary General of the Council of Europe. The Secretary General shall transmit to the other members of the Council of Europe any amendments so proposed, which shall then be considered by the Committee of Ministers and submitted to the Consultative Assembly for opinion. Any amendments approved by the Committee of Ministers shall enter into force as from the thirtieth day after all the Contracting Parties have informed the Secretary General of their acceptance. The Secretary General shall notify all the members of the Council of Europe and the Director General of the International Labour Office of the entry into force of such amendments.

text: Article 36 – Amendments

text: Any Contracting Party may denounce this Charter only at the end of a period of five years from the date on which the Charter entered into force for it, or at the end of any successive period of two years, and, in each case, after giving six months notice to the Secretary General of the Council of Europe who shall inform the other Parties and the Director General of the International Labour Office accordingly. Such denunciation shall not affect the validity of the Charter in respect of the other Contracting Parties provided that at all times there are not less than five such Contracting Parties.

text: Any Contracting Party may, in accordance with the provisions set out in the preceding paragraph, denounce any article or paragraph of Part II of the Charter accepted by it provided that the number of articles or paragraphs by which this Contracting Party is bound shall never be less than 10 in the former case and 45 in the latter and that this number of articles or paragraphs shall continue to include the articles selected by the Contracting Party among those to which special reference is made in

text: Article 20

text: , paragraph 1, sub paragraph b.

text: Any Contracting Party may denounce the present Charter or any of the articles or paragraphs of Part II of the Charter, under the conditions specified in paragraph 1 of this article in respect of any territory to which the said Charter is applicable by virtue of a declaration made in accordance with paragraph 2 of

text: Article 34

text: Article 37 – Denunciation

text: The appendix to this Charter shall form an integral part of it.

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

text: Done at Turin, this 18th day of October 1961, in English and French, both texts being equally authoritative, in a single copy which shall be deposited within the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the Signatories.

text: Article 38 – Appendix

title: European Social Charter