doctype: protocol

identifier: CETS No. 203

reference: CETS No. 203

title: Additional Protocol to the Convention on Human Rights and Biomedicine concerning Genetic Testing for Health Purposes

text: Council of Europe Treaty Series - No. 203

text: Additional Protocol to the Convention on Human Rights and Biomedicine,

text: concerning Genetic Testing for Health Purposes

text: Strasbourg, 27.XI.2008

text: Preamble

text: The member States of the Council of Europe, the other States and the European Community, signatories to this Additional Protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine (hereinafter referred to as “the Convention on Human Rights and Biomedicine”, ETS No. 164),

text: Considering that the aim of the Council of Europe is the achievement of greater unity between its members and that one of the methods by which this aim is pursued is the maintenance and further realisation of human rights and fundamental freedoms;

text: Considering that the aim of the Convention on Human Rights and Biomedicine, as defined in

text: Article 1

text: , is to protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine;

text: Bearing in mind the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108) of 28 January 1981;

text: Bearing in mind the work carried out by other intergovernmental organisations, in particular the Universal Declaration on the Human Genome and Human Rights, endorsed by the General Assembly of the United Nations on 9 December 1998;

text: Recalling that the human genome is shared by all human beings, thereby forming a mutual bond between them while slight variations contribute to the individuality of each human being;

text: Stressing the particular bond that exists between members of the same family;

text: Considering that progress in medical science can contribute to saving lives and improving their quality;

text: Acknowledging the benefit of genetics, in particular genetic testing, in the field of health;

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

text: CETS 203 – Human Rights and Biomedicine (Protocol), 27.XI.2008 __________________________________________________________________________________

text: Considering that genetic services in the field of health form an integral part of the health services offered to the population and recalling the importance of taking appropriate measures, taking into account health needs and available resources, with a view to providing equitable access to genetic services of appropriate quality; Aware also of the concerns that exist regarding possible improper use of genetic testing, in particular of the information generated thereby; Reaffirming the fundamental principle of respect for human dignity and the prohibition of all forms of discrimination, in particular those based on genetic characteristics; Taking into account national and international professional standards in the field of genetic services and the previous work of the Committee of Ministers and the Parliamentary Assembly of the Council of Europe in this field; Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to genetic testing for health purposes, Have agreed as follows:

text: Chapter I – Object and scope

text: Parties to this Protocol shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the tests to which this Protocol applies in accordance with

text: Article 2

text: Article 1 – Object and purpose

text: This Protocol applies to tests, which are carried out for health purposes, involving analysis of biological samples of human origin and aiming specifically to identify the genetic characteristics of a person which are inherited or acquired during early prenatal development (hereinafter referred to as “genetic tests”). 2 This Protocol does not apply: a to genetic tests carried out on the human embryo or foetus; b to genetic tests carried out for research purposes. 3 For the purposes of paragraph 1: a “analysis” refers to: i chromosomal analysis, ii DNA or RNA analysis, iii analysis of any other element enabling information to be obtained which is equivalent to that obtained with the methods referred to in sub-paragraphs a.i. and a.ii.; b “biological samples” refers to: i biological materials removed for the purpose of the test concerned,

text: ii biological materials previously removed for another purpose.

text: Article 2 – Scope

text: Chapter II – General provisions

text: The interests and welfare of the human being concerned by genetic tests covered by this Protocol shall prevail over the sole interest of society or science.

text: Article 3 – Primacy of the human being

text: Any form of discrimination against a person, either as an individual or as a member of a group on grounds of his or her genetic heritage is prohibited. 2 Appropriate measures shall be taken in order to prevent stigmatisation of persons or groups in relation to genetic characteristics.

text: Article 4 – Non-discrimination and non-stigmatisation

text: Chapter III – Genetic services

text: Parties shall take the necessary measures to ensure that genetic services are of appropriate quality. In particular, they shall see to it that: a genetic tests meet generally accepted criteria of scientific validity and clinical validity; b a quality assurance programme is implemented in each laboratory and that laboratories are subject to regular monitoring; c persons providing genetic services have appropriate qualifications to enable them to perform their role in accordance with professional obligations and standards.

text: Article 5 – Quality of genetic services

text: Clinical utility of a genetic test shall be an essential criterion for deciding to offer this test to a person or a group of persons.

text: Article 6 – Clinical utility

text: A genetic test for health purposes may only be performed under individualised medical supervision. 2 Exceptions to the general rule referred to in paragraph 1 may be allowed by a Party, subject to appropriate measures being provided, taking into account the way the test will be carried out, to give effect to the other provisions of this Protocol. However, such an exception may not be made with regard to genetic tests with important implications for the health of the persons concerned or members of their family or with important implications concerning procreation choices.

text: Article 7 – Individualised supervision

text: Chapter IV – Information, genetic counselling and consent

text: When a genetic test is envisaged, the person concerned shall be provided with prior appropriate information in particular on the purpose and the nature of the test, as well as the implications of its results. 2 For predictive genetic tests as referred to in

text: Article 12

text: of the Convention on Human Rights and Biomedicine, appropriate genetic counselling shall also be available for the person concerned. The tests concerned are: – tests predictive of a monogenic disease, – tests serving to detect a genetic predisposition or genetic susceptibility to a disease, – tests serving to identify the subject as a healthy carrier of a gene responsible for a disease. The form and extent of this genetic counselling shall be defined according to the implications of the results of the test and their significance for the person or the members of his or her family, including possible implications concerning procreation choices. Genetic counselling shall be given in a non-directive manner.

text: Article 8 – Information and genetic counselling

text: A genetic test may only be carried out after the person concerned has given free and informed consent to it. Consent to tests referred to in

text: Article 8

text: , paragraph 2, shall be documented. 2 The person concerned may freely withdraw consent at any time.

text: Article 9 – Consent

text: Chapter V – Persons not able to consent

text: Subject to

text: Article 13

text: of this Protocol, a genetic test on a person who does not have the capacity to consent may only be carried out for his or her direct benefit. Where, according to law, a minor does not have the capacity to consent, a genetic test on this person shall be deferred until attainment of such capacity unless that delay would be detrimental to his or her health or well-being.

text: Article 10 – Protection of persons not able to consent

text: When a genetic test is envisaged in respect of a person not able to consent, the person, authority or body whose authorisation is required shall be provided with prior appropriate information in particular with regard to the purpose and the nature of the test, as well as the implications of its results. Appropriate prior information shall also be provided to the person not able to consent in respect of whom the test is envisaged, to the extent of his or her capacity to understand.

text: A qualified person shall be available to answer possible questions by the person, authority or body whose authorisation is required, and, if appropriate, the person in respect of whom the test is envisaged.

text: The provisions of

text: Article 8

text: , paragraph 2, shall apply in the case of persons not able to consent to the extent of their capacity to understand.

text: Where relevant, appropriate support shall be available for the person whose authorisation is required.

text: Article 11 – Information prior to authorisation, genetic counselling and support

text: Where, according to law, a minor does not have the capacity to consent to a genetic test, that test may only be carried out with the authorisation of his or her representative or an authority or a person or body provided for by law.

text: The opinion of the minor shall be taken into consideration as an increasingly determining factor in proportion to his or her age and degree of maturity.

text: Where, according to law, an adult does not have the capacity to consent to a genetic test because of a mental disability, a disease or for similar reasons, that test may only be carried out with the authorisation of his or her representative or an authority or a person or body provided for by law.

text: Wishes relating to a genetic test expressed previously by an adult at a time where he or she had capacity to consent shall be taken into account.

text: The individual concerned shall, to the extent of his or her capacity to understand, take part in the authorisation procedure.

text: Authorisation to tests referred to in

text: Article 8

text: , paragraph 2, shall be documented.

text: The authorisation referred to in paragraphs 1 and 2 above may be withdrawn at any time in the best interests of the person concerned.

text: Article 12 – Authorisation

text: Chapter VI – Tests for the benefit of family members

text: Exceptionally, and by derogation from the provisions of

text: Article 6

text: , paragraph 1, of the Convention on Human Rights and Biomedicine and of

text: Article 10

text: of this Protocol, the law may allow a genetic test to be carried out, for the benefit of family members, on a person who does not have the capacity to consent, if the following conditions are met:

text: the purpose of the test is to allow the family member(s) concerned to obtain a preventive, diagnostic or therapeutic benefit that has been independently evaluated as important for their health, or to allow them to make an informed choice with respect to procreation;

text: the benefit envisaged cannot be obtained without carrying out this test;

text: the risk and burden of the intervention are minimal for the person who is undergoing the test;

text: the expected benefit has been independently evaluated as substantially outweighing the risk for private life that may arise from the collection, processing or communication of the results of the test;

text: the authorisation of the representative of the person not able to consent, or an authority or a person or body provided for by law has been given; f the person not able to consent shall, in proportion to his or her capacity to understand and degree of maturity, take part in the authorisation procedure. The test shall not be carried out if this person objects to it.

text: Article 13 – Tests on persons not able to consent

text: When it is not possible, with reasonable efforts, to contact a person for a genetic test for the benefit of his or her family member(s) on his or her biological material previously removed for another purpose, the law may allow the test to be carried out in accordance with the principle of proportionality, where the expected benefit cannot be otherwise obtained and where the test cannot be deferred. Provisions shall be made, in accordance with

text: Article 22

text: of the Convention on Human Rights and Biomedicine, for the case where the person concerned has expressly opposed such test.

text: Article 14 – Tests on biological materials when it is not possible to contact the person concerned

text: A genetic test for the benefit of other family members may be carried out on biological samples: – removed from the body of a deceased person, or – removed, when he or she was alive, from a person now deceased, only if the consent or authorisation required by law has been obtained.

text: Article 15 – Tests on deceased persons

text: Chapter VII – Private life and right to information

text: Everyone has the right to respect for his or her private life, in particular to protection of his or her personal data derived from a genetic test. 2 Everyone undergoing a genetic test is entitled to know any information collected about his or her health derived from this test. The conclusions drawn from the test shall be accessible to the person concerned in a comprehensible form. 3 The wish of a person not to be informed shall be respected. 4 In exceptional cases, restrictions may be placed by law on the exercise of the rights contained in paragraphs 2 and 3 above in the interests of the person concerned.

text: Article 16 – Respect for private life and right to information

text: Biological samples referred to in

text: Article 2

text: shall only be used and stored in such conditions as to ensure their security and the confidentiality of the information which can be obtained therefrom.

text: Article 17 – Biological samples

text: Where the results of a genetic test undertaken on a person can be relevant to the health of other family members, the person tested shall be informed.

text: Article 18 – Information relevant to family members

text: Chapter VIII – Genetic screening programmes for health purposes

text: A health screening programme involving the use of genetic tests may only be implemented if it has been approved by the competent body. This approval may only be given after independent evaluation of its ethical acceptability and fulfilment of the following specific conditions: a the programme is recognised for its health relevance for the whole population or section of population concerned; b the scientific validity and effectiveness of the programme have been established; c appropriate preventive or treatment measures in respect of the disease or disorder which is the subject of the screening, are available to the persons concerned; d appropriate measures are provided to ensure equitable access to the programme; e the programme provides measures to adequately inform the population or section of population concerned of the existence, purposes and means of accessing the screening programme as well as the voluntary nature of participation in it.

text: Article 19 – Genetic screening programmes for health purposes

text: Chapter IX – Public information

text: Parties shall take appropriate measures to facilitate access for the public to objective general information on genetic tests, including their nature and the potential implications of their results.

text: Article 20 – Public information

text: Chapter X –Relation between this Protocol and other provisions and re-examination of the Protocol

text: As between the Parties, the provisions of

text: Articles 1

text: to 20 of this Protocol shall be regarded as additional articles to the Convention on Human Rights and Biomedicine, and all the provisions of the Convention shall apply accordingly.

text: Article 21 – Relation between this Protocol and the Convention

text: None of the provisions of this Protocol shall be interpreted as limiting or otherwise affecting the possibility for a Party to grant persons concerned by genetic testing for health purposes a wider measure of protection than is stipulated in this Protocol.

text: Article 22 – Wider protection

text: In order to monitor scientific developments, the present Protocol shall be examined within the Committee referred to in Article 32 of the Convention on Human Rights and Biomedicine no later than five years from the entry into force of this Protocol and thereafter at such intervals as the Committee may determine.

text: Article 23 – Re-examination of the Protocol

text: Chapter XI – Final clauses

text: This Protocol shall be open for signature by Signatories to the Convention on Human Rights and Biomedicine. It is subject to ratification, acceptance or approval. A Signatory may not ratify, accept or approve this Protocol unless it has previously or simultaneously ratified, accepted or approved the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: Article 24 – Signature and ratification

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

text: Article 24

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

text: Article 25 – Entry into force

text: After the entry into force of this Protocol, any State which has acceded to the Convention on Human Rights and Biomedicine may also accede to this Protocol.

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

text: Article 26 – Accession

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

text: Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

text: Article 27 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the European Community, any Signatory, any Party and any other State which has been invited to accede to the Convention on Human Rights and Biomedicine of:

text: any signature;

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

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

text: Articles 25

text: and 26;

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

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

text: Done at Strasbourg, this 27th day of November 2008, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Protocol, to any State invited to accede to the Convention on Human Rights and Biomedicine and to the European Community.

text: Article 28 – Notification


identifier: CETS No. 204

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: CETS No. 204

title: Protocol No. 14bis to the Convention for the Protection of Human Rights and Fundamental Freedoms

text: Council of Europe Treaty Series - No. 204

type: stycke

text: Protocol No. 14bis to the

text: Strasbourg, 27.V.2009

text: Preamble

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

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

text: , signed at Rome on 4 November 1950 (hereinafter referred to as “the Convention”), Having regard to

text: Protocol No. 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms

text: , amending the control system of the Convention, opened for signature by the Committee of Ministers of the Council of Europe in Strasbourg on 13 May 2004; Having regard to Opinion No. 271 (2009), adopted by the Parliamentary Assembly of the Council of Europe on 30 April 2009; Considering the urgent need to introduce certain additional procedures to the Convention in order to maintain and improve the efficiency of its control system for the long term, in the light of the continuing increase in the workload of the European Court of Human Rights and the Committee of Ministers of the Council of Europe; Considering, in particular, the need to ensure that the Court can continue to play its preeminent role in protecting human rights in Europe, Have agreed as follows:

text: In relation to High Contracting Parties to the Convention which are bound by this Protocol, the Convention shall read as provided in

text: Articles 2

text: to 4.

text: Article 1

type: artikel

text: The title of Article 25 of the Convention shall read as follows:

text: "Article 25 – Registry, legal secretaries and rapporteurs"

text: A new paragraph 2 shall be added at the end of Article 25 of the Convention, which shall read as follows: "2 When sitting in a single-judge formation, the Court shall be assisted by rapporteurs who shall function under the authority of the President of the Court. They shall form part of the Court’s registry.”

text: CETS 204 – Human Rights (Protocol No. 14bis), 27.V.2009 __________________________________________________________________________________

text: Article 2

text: The title of Article 27 of the Convention shall read as follows:

text: "Article 27 – Single-judge formation, committees, Chambers and Grand Chamber"

text: Paragraph 1 of Article 27 of the Convention shall read as follows: "1 To consider cases brought before it, the Court shall sit in a single-judge formation, in committees of three judges, in Chambers of seven judges and in a Grand Chamber of seventeen judges. The Court’s Chambers shall set up committees for a fixed period of time.” 3 A new paragraph 2 shall be inserted in Article 27 of the Convention, which shall read as follows: "2 When sitting as a single judge, a judge shall not examine any application against the High Contracting Party in respect of which that judge has been elected.” 4 Paragraphs 2 and 3 of Article 27 of the Convention shall become paragraphs 3 and 4 respectively.

text: Article 3

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

text: "Article 28 – Competences of single judges and of committees

text: A single judge may declare inadmissible or strike out of the Court’s list of cases an application submitted under Article 34, where such a decision can be taken without further examination. 2 The decision shall be final. 3 If the single judge does not declare an application inadmissible or strike it out, that judge shall forward it to a committee or to a Chamber for further examination. 4 In respect of an application submitted under Article 34, a committee may, by a unanimous vote, a declare it inadmissible or strike it out of its list of cases, where such decision can be taken without further examination; or b declare it admissible and render at the same time a judgment on the merits, if the underlying question in the case, concerning the interpretation or the application of the Convention or the Protocols thereto, is already the subject of well-established case-law of the Court. 5 Decisions and judgments under paragraph 4 shall be final. 6 If the judge elected in respect of the High Contracting Party concerned is not a member of the committee, the committee may at any stage of the proceedings invite that judge to take the place of one of the members of the committee, having regard to all relevant factors, including whether that Party has contested the application of the procedure under paragraph 4.b.”

text: Article 4

ordinal: a

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

type: punkt

ordinal: b

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

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

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

text: Article 5

text: This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three High Contracting Parties to the Convention have expressed their consent to be bound by the Protocol in accordance with the provisions of

text: Article 5

text: In respect of any High Contracting Party to the Convention which subsequently expresses its consent to be bound by this Protocol, the Protocol shall enter into force for that High Contracting Party on the first day of the month following the expiration of a period of three months after the date of expression of its consent to be bound by the Protocol in accordance with the provisions of

text: Article 5

text: Article 6

text: Pending the entry into force of this Protocol according to the conditions set under

text: Article 6

text: , a High Contracting Party to the Convention having signed or ratified the Protocol may, at any moment, declare that the provisions of this Protocol shall apply to it on a provisional basis. Such a declaration shall take effect on the first day of the month following the date of its receipt by the Secretary General of the Council of Europe.

text: Article 7

text: From the date of the entry into force or application on a provisional basis of this Protocol, its provisions shall apply to all applications pending before the Court with respect to all High Contracting Parties for which it is in force or being applied on a provisional basis.

text: This Protocol shall not apply in respect of any individual application brought against two or more High Contracting Parties unless, in respect of all of them, either the Protocol is in force or applied on a provisional basis, or the relevant corresponding provisions of Protocol No. 14 are applied on a provisional basis.

text: Article 8

text: This Protocol shall cease to be in force or applied on a provisional basis from the date of entry into force of Protocol No. 14 to the Convention.

text: Article 9

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

text: any signature;

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

text: Article 6

text: ; d any declaration made under

text: Article 7

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

text: In witness whereof, the undersigned, being duly authorised thereto, have signed this Protocol. Done at Strasbourg, this 27th day of May 2009, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.

text: Article 10

type: internationell-overenskommelse


doctype: treaty

identifier: CETS No. 205

openingPlace: Tromsø

reference: CETS No. 205

title: Council of Europe Convention on Access to Official Documents

text: Council of Europe Treaty Series - No. 205

text: Council of Europe Convention on Access to Official Documents

text: Tromsø, 18.VI.2009

text: Preamble

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

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

text: Bearing in mind, in particular,

text: Article 19

text: of the Universal Declaration of Human Rights,

text: Articles 6

text: and

text: of the

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

text: , the United Nations Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus, 25 June 1998) and the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981 (ETS No. 108);

text: Bearing in mind also the Declaration of the Committee of Ministers of the Council of Europe on the freedom of expression and information, adopted on 29 April 1982, as well as recommendations of the Committee of Ministers to member States No. R (81) 19 on the access to information held by public authorities, No. R (91) 10 on the communication to third parties of personal data held by public bodies, No. R (97) 18 concerning the protection of personal data collected and processed for statistical purposes, No. R (2000) 13 on a European policy on access to archives and Rec(2002)2 on access to official documents;

text: Considering the importance in a pluralistic, democratic society of transparency of public authorities;

text: Considering that exercise of a right to access to official documents:

text: i provides a source of information for the public;

text: ii helps the public to form an opinion on the state of society and on public authorities;

text: iii fosters the integrity, efficiency, effectiveness and accountability of public authorities, so helping affirm their legitimacy;

text: Considering, therefore, that all official documents are in principle public and can be withheld subject only to the protection of other rights and legitimate interests,

text: Have agreed as follows:

text: CETS 205 – Access to Official Documents, 18.VI.2009 __________________________________________________________________________________

text: Section I

type: rubrik

text: The principles set out hereafter should be understood without prejudice to those domestic laws and regulations and to international treaties which recognise a wider right of access to official documents. 2 For the purposes of this Convention: a i “public authorities” means: 1 government and administration at national, regional and local level; 2 legislative bodies and judicial authorities insofar as they perform administrative functions according to national law; 3 natural or legal persons insofar as they exercise administrative authority. ii Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that the definition of “public authorities” also includes one or more of the following: 1 legislative bodies as regards their other activities; 2 judicial authorities as regards their other activities; 3 natural or legal persons insofar as they perform public functions or operate with public funds, according to national law. b “official documents” means all information recorded in any form, drawn up or received and held by public authorities.

text: Article 1 – General provisions

text: Each Party shall guarantee the right of everyone, without discrimination on any ground, to have access, on request, to official documents held by public authorities. 2 Each Party shall take the necessary measures in its domestic law to give effect to the provisions for access to official documents set out in this Convention. 3 These measures shall be taken at the latest at the time of entry into force of this Convention in respect of that Party.

text: Article 2 – Right of access to official documents

ordinal: c

text: the prevention, investigation and prosecution of criminal activities; d disciplinary investigations; e inspection, control and supervision by public authorities; f privacy and other legitimate private interests; g commercial and other economic interests; h the economic, monetary and exchange rate policies of the State; i the equality of parties in court proceedings and the effective administration of justice; j environment; or k the deliberations within or between public authorities concerning the examination of a matter. Concerned States may, at the time of signature or when depositing their instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that communication with the reigning Family and its Household or the Head of State shall also be included among the possible limitations. 2 Access to information contained in an official document may be refused if its disclosure would or would be likely to harm any of the interests mentioned in paragraph 1, unless there is an overriding public interest in disclosure. 3 The Parties shall consider setting time limits beyond which the limitations mentioned in paragraph 1 would no longer apply.

text: Each Party may limit the right of access to official documents. Limitations shall be set down precisely in law, be necessary in a democratic society and be proportionate to the aim of protecting: a national security, defence and international relations; b public safety;

text: Article 3 – Possible limitations to access to official documents

text: An applicant for an official document shall not be obliged to give reasons for having access to the official document. 2 Parties may give applicants the right to remain anonymous except when disclosure of identity is essential in order to process the request. 3 Formalities for requests shall not exceed what is essential in order to process the request.

text: Article 4 – Requests for access to official documents

text: The public authority shall help the applicant, as far as reasonably possible, to identify the requested official document. 2 A request for access to an official document shall be dealt with by any public authority holding the document. If the public authority does not hold the requested official document or if it is not authorised to process that request, it shall, wherever possible, refer the application or the applicant to the competent public authority. 3 Requests for access to official documents shall be dealt with on an equal basis. 4 A request for access to an official document shall be dealt with promptly. The decision shall be reached, communicated and executed as soon as possible or within a reasonable time limit which has been specified beforehand.

ordinal: i

text: if, despite the assistance from the public authority, the request remains too vague to allow the official document to be identified; or

text: A request for access to an official document may be refused:

text: ii if the request is manifestly unreasonable.

text: A public authority refusing access to an official document wholly or in part shall give the reasons for the refusal. The applicant has the right to receive on request a written justification from this public authority for the refusal.

text: Article 5 – Processing of requests for access to official documents

text: When access to an official document is granted, the applicant has the right to choose whether to inspect the original or a copy, or to receive a copy of it in any available form or format of his or her choice unless the preference expressed is unreasonable.

text: If a limitation applies to some of the information in an official document, the public authority should nevertheless grant access to the remainder of the information it contains. Any omissions should be clearly indicated. However, if the partial version of the document is misleading or meaningless, or if it poses a manifestly unreasonable burden for the authority to release the remainder of the document, such access may be refused.

text: The public authority may give access to an official document by referring the applicant to easily accessible alternative sources.

text: Article 6 – Forms of access to official documents

text: Inspection of official documents on the premises of a public authority shall be free of charge. This does not prevent Parties from laying down charges for services in this respect provided by archives and museums.

text: A fee may be charged to the applicant for a copy of the official document, which should be reasonable and not exceed the actual costs of reproduction and delivery of the document. Tariffs of charges shall be published.

text: Article 7 – Charges for access to official documents

text: An applicant whose request for an official document has been denied, expressly or impliedly, whether in part or in full, shall have access to a review procedure before a court or another independent and impartial body established by law.

text: An applicant shall always have access to an expeditious and inexpensive review procedure, involving either reconsideration by a public authority or review in accordance with paragraph 1.

text: Article 8 – Review procedure

text: The Parties shall inform the public about its right of access to official documents and how that right may be exercised. They shall also take appropriate measures to:

text: educate public authorities in their duties and obligations with respect to the implementation of this right;

text: provide information on the matters or activities for which they are responsible;

text: manage their documents efficiently so that they are easily accessible; and

ordinal: d

text: apply clear and established rules for the preservation and destruction of their documents.

text: Article 9 – Complementary measures

text: At its own initiative and where appropriate, a public authority shall take the necessary measures to make public official documents which it holds in the interest of promoting the transparency and efficiency of public administration and to encourage informed participation by the public in matters of general interest.

text: Article 10 – Documents made public at the initiative of the public authorities

text: Section II

text: reporting on the adequacy of the measures in law and practice taken by the Parties to give effect to the provisions set out in this Convention;

text: i expressing opinions on any question concerning the application of this Convention;

ordinal: v

text: Article 19

text: A Group of Specialists on Access to Official Documents shall meet at least once a year with a view to monitoring the implementation of this Convention by the Parties, notably:

text: ii making proposals to facilitate or improve the effective use and implementation of this Convention, including the identification of any problems;

text: iii exchanging information and reporting on significant legal, policy or technological developments;

text: iv making proposals to the Consultation of Parties for the amendment of this Convention;

text: The Group of Specialists may request information and opinions from civil society.

text: The Group of Specialists shall consist of a minimum of 10 and a maximum of 15 members. The members are elected by the Consultation of Parties for a period of four years, renewable once, from a list of experts, each Party proposing two experts. They shall be chosen from among persons of the highest integrity recognised for their competence in the field of access to official documents. A maximum of one member may be elected from the list proposed by each Party.

text: The members of the Group of Specialists shall sit in their individual capacity, be independent and impartial in the exercise of their functions and shall not receive any instructions from governments.

text: The election procedure of the members of the Group of Specialists shall be determined by the Committee of Ministers, after consulting with and obtaining the unanimous consent of the Parties to the Convention, within a period of one year following the entry into force of this Convention. The Group of Specialists shall adopt its own rules of procedure.

text: Article 11 – Group of Specialists on Access to Official Documents

text: The Consultation of the Parties shall be composed of one representative per Party.

text: The Consultation of the Parties shall take place with a view to: a considering the reports, opinions and proposals of the Group of Specialists; b making proposals and recommendations to the Parties; c making proposals for the amendment of this Convention in accordance with

text: Article 19

text: ; d formulating its opinion on any proposal for the amendment of this Convention made in accordance with

text: Article 19

text: . 3 The Consultation of the Parties shall be convened by the Secretary General of the Council of Europe within one year after the entry into force of this Convention in order to elect the members of the Group of Specialists. It shall subsequently meet at least once every 4 years and in any case, when the majority of the Parties, the Committee of Ministers or the Secretary General of the Council of Europe requests its convocation. The Consultation of the Parties shall adopt its own rules of procedure. 4 After each meeting, the Consultation of the Parties shall submit to the Committee of Ministers an activity report.

text: Article 12 – Consultation of the Parties

text: The Consultation of the Parties and the Group of Specialists shall be assisted by the Secretariat of the Council of Europe in carrying out their functions pursuant to this Section.

text: Article 13 – Secretariat

text: Within a period of one year following the entry into force of this Convention in respect of a Contracting Party, the latter shall transmit to the Group of Specialists a report containing full information on the legislative and other measures taken to give effect to the provisions of this Convention. 2 Thereafter, each Party shall transmit to the Group of Specialists before each meeting of the Consultation of the Parties an update of the information mentioned in paragraph 1. 3 Each Party shall also transmit to the Group of Specialists any information that it requests to fulfil its tasks.

text: Article 14 – Reporting

text: The reports submitted by Parties to the Group of Specialists, the reports, proposals and opinions of the Group of Specialists and the activity reports of the Consultation of the Parties shall be made public.

text: Article 15 – Publication

text: Section III

text: This Convention shall be open for signature by the member States of the Council of Europe. 2 This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which 10 member States of the Council of Europe have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 2.

text: In respect of any Signatory State which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of its consent to be bound by the Convention in accordance with the provisions of paragraph 2.

text: Article 16 – Signature and entry into force of the Convention

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consulting the Parties to this Convention and obtaining their unanimous consent, invite any State which is not a member of the Council of Europe or any international organisation to accede to this Convention. The decision shall be taken by the majority provided for in

text: Article 20

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

text: In respect of any State or international organisation acceding to the Convention under paragraph 1 above, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

text: Article 17 – Accession to the Convention

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

text: Any State may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration for whose international relations it is responsible. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

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

text: Article 18 – Territorial application

text: Amendments to this Convention may be proposed by any Party, the Committee of Ministers of the Council of Europe, the Group of Specialists or the Consultation of the Parties.

text: Any proposal for amendment shall be communicated by the Secretary General of the Council of Europe to the Parties.

text: Any amendment shall be communicated to the Consultation of the Parties, which, after having consulted the Group of Specialists, shall submit to the Committee of Ministers its opinion on the proposed amendment.

text: The Committee of Ministers shall consider the proposed amendment and any opinion submitted by the Consultation of the Parties and may approve the amendment.

text: The text of any amendment approved by the Committee of Ministers in accordance with paragraph 4 shall be forwarded to the Parties for acceptance. 6 Any amendment approved in accordance with paragraph 4 shall come into force on the first day of the month following the expiration of a period of one month after the date on which all Parties have informed the Secretary General that they have accepted it.

text: Article 19 – Amendments to the Convention

text: Any Party may, at the time of the signature or when depositing its instrument of ratification, acceptance, approval or accession, make one or more of the declarations provided for in Articles 1.2, 3.1 and 18. It shall notify any changes to this information to the Secretary General of the Council of Europe.

text: Article 20 – Declarations

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

text: Article 21 – Denunciation

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

text: Articles 16

text: and 17; d any declaration made under Articles 1.2, 3.1 and 18; e any other act, notification or communication relating to this Convention.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Tromsø, this 18th day of June 2009, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State and international organisation invited to accede to this Convention.

text: Article 22 – Notification


identifier: CETS No. 206

openingPlace: Utrecht

reference: CETS No. 206

title: Protocol No. 3 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning Euroregional Co-operation Groupings (ECGs)

text: Council of Europe Treaty Series - No. 206

text: Protocol No. 3 to the European Outline Convention on Transfrontier Cooperation between Territorial Communities or Authorities concerning Euroregional Co-operation Groupings (ECGs)

text: Utrecht, 16.XI.2009

text: Preamble

text: The member States of the Council of Europe, signatory to this Protocol No. 3 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (ETS No. 106),

text: Wishing to facilitate co-operation between territorial communities or authorities belonging to different States in keeping with States’ political and administrative structures and international commitments;

text: Being resolved to supplement for this purpose the legal framework provided by the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities and its Protocols of 9 November 1995 (ETS No. 159) and 5 May 1998 (ETS No. 169);

text: Considering the Declaration of the Third Summit of the Heads of State and Government of the Council of Europe (Warsaw, 16 and 17 May 2005) and the Action Plan adopted at the Summit, which foresees the development of “transfrontier co-operation, as necessary”;

text: Aware of the difference between States in terms of the political and administrative organisation of territorial communities and authorities;

text: Wishing to forestall the difficulties that could arise from the diversity of national law in the field of transfrontier or interterritorial co-operation;

text: Wishing to meet the needs of those member States that are resolved to harmonise further their national law;

text: Aware that for a number of member States framework legislation may be sufficient, in particular having regard to the current state of their national law, which includes the relevant provisions of European Community law as adopted by the competent institutions of the European Union,

text: Have agreed as follows:

text: CETS 206 – Transfrontier Co-operation (Protocol No. 3), 16.XI.2009 __________________________________________________________________________________

text: Part I

text: Territorial communities or authorities and other bodies referred to under

text: Article 3

text: , paragraph 1, may set up a transfrontier co-operation body in the form of a "Euroregional cooperation grouping” (ECG) on the territory of the member States of the Council of Europe, Parties to this Protocol, under the conditions provided by it.

text: The objective of the ECG shall be to promote, support and develop, for the benefit of populations, transfrontier and interterritorial co-operation between its members in their common areas of competence and in keeping with the competences established under the national law of the States concerned.

text: Article 1 – Euroregional co-operation groupings (ECGs)

text: The ECG shall be a legal person, governed by the law of the Party, Council of Europe member State, in which it has its headquarters.

text: The ECG shall have the most extensive legal capacity accorded to legal persons under that State’s national law.

text: The law applicable to the type of corporate entity chosen for the ECG by the members shall be stipulated in the agreement establishing the ECG, without prejudice to the provisions of this Protocol or to any other specific provision adopted by the party in accordance with

text: Article 13

text: The ECG shall have the right to its own budget and the power to implement it.

text: The ECG may enter into contracts, hire staff, acquire movable and immovable property and bring legal proceedings.

text: Article 2 – Legal personality, legal capacity and applicable law

text: Members of the ECG shall be territorial communities or authorities of a Party and may also include the respective member State concerned of the Council of Europe. All legal persons established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character may be members if:

text: – their activity is financed mainly by the State, a territorial community or authority or similar body; or

text: – their management is subject to the control of these entities; or

text: – half the members of their administrative, managerial or supervisory organ are appointed by the state, a territorial community or authority or similar body.

text: Individuals may not be members of an ECG.

text: Territorial communities or authorities of a State non-Party to this Protocol, which shares a border with a Party which is or will become the State in which the ECG has its headquarters, may take part in the establishment of, or join, this ECG if an agreement between these two States so allows, without prejudice to the provisions of this Protocol.

text: Territorial communities or authorities of the Parties shall have the majority of voting rights in the ECG.

text: Article 3 – Membership

text: The ECG shall be established by a written agreement between its founding members.

text: The prospective members shall submit all appropriate documentation to prove that the necessary procedures or formalities required by the national law applicable to them have been respected. This documentation shall be appended to the agreement.

text: The agreement shall specify, in addition to the list of members, the name of the ECG, the address of its headquarters, the duration, object and tasks of the ECG, as well as its geographical scope. The name of an ECG whose members have limited liability shall include the word “limited.”

text: Before concluding an agreement to found an ECG or before joining an ECG, the territorial communities or authorities shall, as appropriate, inform, notify or obtain authorisation from their national authorities regarding this intention.

text: Authorisation may be refused if membership of the ECG would violate this Protocol or provisions of national law, including the powers and responsibilities of prospective members, or if membership is not justified for reasons of public interest or of public policy of the party concerned. In such a case, the Party shall give a statement of its reasons for withholding approval.

text: Each State may, in a declaration deposited with the instrument of ratification or at any subsequent time, waive the requirement of information, notification or authorisation referred to in paragraph 4, in general, or for specific categories of territorial communities or authorities or for specific types of co-operation.

text: The agreement shall be registered or published in the State where the ECG has its headquarters, as well as in all States to which its members belong, in accordance with the national law applicable.

text: The territorial communities or authorities, members of the ECG, shall inform their national authorities that the ECG has been lawfully established.

text: The agreement shall be written in the language(s) of the State where the ECG has its headquarters and in the language(s) of the member(s), all versions being equally authentic.

text: Article 4 – Establishment of the ECG

text: The statutes of the ECG shall be an integral part of the agreement establishing it.

text: The statutes shall be written in the language(s) of the State where the ECG has its headquarters and in the language(s) of the member(s), all versions being equally authentic. They may specify which language or language(s) is(are) to be considered the working language(s).

text: In addition to the mandatory provisions of the agreement, the statutes shall contain rules on membership, withdrawal and dissolution of the ECG, including the legal consequences, as well as on operations, organs and their tasks, staffing, budgets and financing, liability, accountability and transparency of the ECG, without prejudice to the provisions of this Protocol and in conformity with the applicable law.

text: Article 5 – Statutes

text: Any amendment to the agreement referred to in

text: Article 4

text: and any substantial amendment to the statutes referred to in

text: Article 5

text: shall follow the same procedures and form of those articles respectively. Substantial amendments to the statutes shall be those entailing, directly or indirectly, an amendment to the agreement. The majority required for the adoption of any such amendment shall be determined in the statutes.

text: Article 6 – Amendments to the agreement and the statutes

text: The ECG shall perform the tasks that its members entrust to it. These tasks shall be in accordance with the competences of the members under their respective national law and shall be listed in the agreement and in the statutes.

text: The ECG shall adopt decisions and ensure their implementation, in respect and for the benefit of individual persons or legal entities subject to the jurisdiction of the States to which its members belong. Members shall adopt or facilitate all necessary measures falling within their competences in order to ensure that the ECG’s decisions are implemented.

text: The tasks given to an ECG shall not concern the exercise of regulatory powers. The ECG shall not be empowered to take measures which might affect the rights and freedoms of individuals, or to impose levies of a fiscal nature.

text: The ECG may not exercise competences that territorial communities or authorities exercise as agents of the State to which they belong, except where duly authorised. It may exercise competences that States members of the ECG confer upon it.

text: Article 7 – Tasks and scope of action

text: The ECG shall be established for a limited or unlimited period of time, to be specified in the agreement and the statutes.

text: The ECG shall be wound up ipso facto when the period for which it was established has expired or if the territorial communities or authorities cease to control the majority of voting rights. It may also be wound up by a unanimous decision of its members.

text: Article 8 – Duration

text: The ECG – or, if its assets are not sufficient, its members jointly – shall be liable with regard to third parties for its acts, including debts of whatever nature, even if those acts do not fall within its tasks.

text: The ECG shall be liable to its members for any breach of the law to which it may be subject.

text: The organs of the ECG shall be liable with regard to the ECG for any breach of law they have committed in the exercise of their functions.

text: If a member of the ECG has only limited liability in accordance with the national law to which it is subject, the other members may also limit their liability in the statutes.

text: A State on whose territory it is intended to set up the headquarters of an ECG may prohibit the registration or publication of notice of an ECG if one or more of its prospective members has limited liability.

text: Article 9 – Liabilities

text: In the event of a dispute between the ECG and its members, the competent courts shall be those of the State in which the ECG has its headquarters.

text: In the event of a dispute between the ECG and a third party, the competent courts shall be those of the state in which the third party effectively resides or, in the case of a legal person, the State in which its seat or headquarters is located, as long as these States are member States of the Council of Europe.

text: Notwithstanding the provisions of paragraph 2, the ECG, the territorial communities or authorities, other public or private law entities concerned and third parties may conclude an arbitration agreement. If a third party´s residence, seat or headquarters is not located in the territory of a member State of the Council of Europe, the ECG shall conclude an arbitration agreement for all activities with this party.

text: Third parties shall retain, vis-à-vis territorial communities or authorities on behalf of which the ECG performs certain tasks, all the rights they would enjoy if those tasks were not performed by the ECG.

text: In any case the rights of individuals and legal persons shall include the right to appeal before all competent organs and courts, including the right of access to services in their own language and the right of access to information.

text: Article 10 – Dispute settlement

text: Decisions and acts of the ECG shall be subject to the same supervision and administrative and judicial review of the legality of acts of territorial communities or authorities as those required in the State in which the ECG has its headquarters.

text: The ECG shall comply with information requests made by the authorities of the States to which the territorial communities or authorities belong. The supervisory authorities of the Parties shall endeavour to establish means of appropriate co-ordination and information.

text: Decisions and acts of territorial communities or authorities and other public and private law entities shall be subject to the supervision and administrative and judicial review of the legality of acts of territorial communities or authorities and of other public law entities in the forms required in the States under whose jurisdiction the said authorities fall.

text: Where the ECG carries out any activity in contravention of the provisions on public policy, public security, public health or public morality of the States to which its members belong, or in contravention of the public interest of the said States, the competent authority or body of these States may prohibit that activity on its territory or require those members that fall under its jurisdiction to withdraw from the ECG unless the latter ceases the activity in question. Such prohibitions shall not constitute a means of arbitrary or disguised restriction on co-operation between the members. Review of the competent authority’s or body’s decision by a judicial authority shall be possible.

text: Notwithstanding the rules on dissolution of the ECG under the present Protocol and the statutes, at the request of a competent authority with a legitimate interest, a competent court or the competent authority of a party where the ECG has its headquarters may order the ECG to be wound up if it finds that the ECG is acting outside the tasks entrusted to it. The competent court or authority may allow the ECG time to rectify the situation. If the ECG fails to do so within the time allowed, it may be declared wound up.

text: Article 11 – Supervision, administrative and judicial review

text: The management and budget implementation of the ECG shall be subject to financial audit in accordance with the national law of the Party in which it has its headquarters. This State shall inform the other States whose territorial communities or authorities are members of the ECG without delay of the results of the audit and of the measures taken concerning the ECG.

text: Any other State implicated either by its direct participation in the ECG or through the participation of its territorial communities or authorities or other legal persons listed in

text: Article 3

text: , paragraph 1, may, only on its territory and in accordance with the national law applicable, carry out a financial audit of the ECG. The ECG and the States of the members shall be informed in advance.

text: Article 12 – Financial audit

text: Part II

text: The Parties shall take such legislative, administrative or other measures as are appropriate to ensure that the provisions of Part I are implemented.

text: In order to facilitate implementation of this Protocol, an appendix will provide the more detailed, but optional provisions for the establishment and operation of ECGs. The Parties wishing to introduce into their national law all or part of the provisions of the appendix may do so in accordance with the relevant constitutional and legislative procedures.

text: The provisions of the appendix may be reproduced as they appear or may be adapted to meet the needs of the Parties concerned.

text: The Parties may declare that the provisions of the appendix, once introduced into their national legal system, constitute the implementing provisions referred to in paragraph 1.

text: The provisions of the appendix do not constitute an authoritative interpretation of the provisions included in Part I.

text: The provisions of the appendix shall be drafted by the Council of Europe and appended to this Protocol as soon as they are approved by the Committee of Ministers.

text: Article 13 – Implementation of the Protocol

text: The Parties shall inform their territorial communities or authorities of the measures taken to implement this Protocol.

text: The Parties shall notify the Secretary General of the Council of Europe of measures taken to implement this Protocol.

text: The Parties shall forward to the Secretary General of the Council of Europe all appropriate information on ECGs set up pursuant to this Protocol.

text: Article 14 – Information

text: This Protocol shall not affect the applicability of treaties existing between the Parties in matters of transfrontier or interterritorial co-operation or the ability of the Parties to conclude new treaties on the subject if they so wish.

text: Article 15 – Applicability of other treaties

text: Each State shall, in a declaration deposited with the Secretary General of the Council of Europe at the time of ratification, acceptance, approval or accession, designate the categories of territorial communities or authorities and legal persons mentioned under

text: Article 3

text: , paragraph 1, which it excludes from the scope of this Protocol.

text: For the purpose of applying this Protocol, autonomous public communities or authorities vested with their own legislative power under the national law of the Party in whose jurisdiction they are situated shall be considered as "territorial communities or authorities", without prejudice to the provisions of paragraph 1.

text: Any declaration made under paragraph 1 may be altered by a notification addressed to the Secretary General. Such notification shall become effective on the day of its receipt.

text: Article 16 – Scope of Application

text: No reservations in respect of this Protocol shall be permitted.

text: Article 17 – Reservations

text: The terms and definitions used in this Protocol have the same meaning and purpose as the same terms and definitions given in the European Outline Convention on Transfrontier Cooperation between Territorial Communities or Authorities, its Additional Protocol and Protocol No. 2.

text: Article 18 – Terms and definitions

text: Part III

text: This Protocol shall be open for signature by the States signatory to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities. It shall be subject to ratification, acceptance or approval. A Signatory to this Protocol may not ratify, accept or approve it unless it has previously or simultaneously ratified, accepted or approved the European Outline Convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the fourth instrument of ratification, acceptance or approval.

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

text: Article 19 – Signature and entry into force of the Protocol

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

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

text: Article 20 – Accession

text: Any Party may, at any time, denounce this Protocol by means of a notification addressed to the Secretary General of the Council of Europe. Such denunciation shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of such notification by the Secretary General. 2 If this Protocol is denounced, the legal personality and capacity of the ECGs established prior to the denunciation shall be unaffected.

text: Article 21 – Denunciation

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

text: Articles 19

text: and 20; d any domestic legislation implementing the provisions of this Protocol pursuant to

text: Article 13

text: , paragraph 1; e the approval of the appendix, or parts thereof, by the Committee of Ministers of the Council of Europe; f any declaration received in application of the provisions of

text: Article 4

text: , paragraph 6,

text: Article 13

text: , paragraph 4, and of

text: Article 16

text: , paragraphs 1 and 3, or any notification of modification of such declarations; g any other act, notification or communication relating to this Protocol.

text: In witness thereof the undersigned, being duly authorised thereto, have signed this Protocol. Done at Utrecht, on the 16th day of November 2009, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State which has acceded to this Protocol.

text: Article 22 – Notifications


identifier: CETS No. 207

reference: CETS No. 207

title: Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority

text: Council of Europe Treaty Series - No. 207

text: Utrecht, 16.XI.2009

text: Preamble

text: The member States of the Council of Europe, signatories to this Additional Protocol to the European Charter of Local Self-Government (hereinafter referred to as “the Charter”, ETS No. 122),

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

text: Considering that the right to participate in the conduct of public affairs is one of the democratic principles that are shared by all member States of the Council of Europe;

text: Considering that the evolution in member States has shown the pre-eminent importance of this principle for local self-government;

text: Considering that it would be appropriate to supplement the Charter with provisions guaranteeing the right to participate in the affairs of a local authority;

text: Bearing in mind the Council of Europe Convention on Access to Official Documents, adopted by the Committee of Ministers on 27 November 2008;

text: Bearing in mind also the Declaration and the Action Plan adopted at the 3rd Summit of Heads of State and Government of the Council of Europe (Warsaw, 16 to 17 May 2005),

text: Have agreed as follows:

text: The States Parties shall secure to everyone within their jurisdiction the right to participate in the affairs of a local authority.

text: The right to participate in the affairs of a local authority denotes the right to seek to determine or to influence the exercise of a local authority's powers and responsibilities.

text: The law shall provide means of facilitating the exercise of this right. Without unfairly discriminating against any person or group, the law may provide particular measures for different circumstances or categories of persons. In accordance with the constitutional and/or international obligations of the party, the law may, in particular, provide for measures specifically limited to voters.

text: CETS 207 – Local Self-Government (Protocol), 16.XI.2009 __________________________________________________________________________________

text: 4.1 Each Party shall recognise by law the right of nationals of the party to participate, as voters or candidates, in the election of members of the council or assembly of the local authority in which they reside.

text: 4.2 The law shall also recognise the right of other persons to so participate where the party, in accordance with its own constitutional order, so decides or where this accords with the party’s international legal obligations.

text: 5.1 Any formalities, conditions or restrictions to the exercise of the right to participate in the affairs of a local authority shall be prescribed by law and be compatible with the party’s international legal obligations.

text: 5.2 The law shall impose such formalities, conditions and restrictions as are necessary to ensure that the ethical integrity and transparency of the exercise of local authorities’ powers and responsibilities are not jeopardised by the exercise of the right to participate.

text: 5.3 Any other formalities, conditions or restrictions must be necessary for the operation of an effective political democracy, for the maintenance of public safety in a democratic society or for the party to comply with the requirements of its international legal obligations.

text: Article 1 – Right to participate in the affairs of a local authority

text: The Parties shall take all such measures as are necessary to give effect to the right to participate in the affairs of a local authority.

text: empowering local authorities to enable, promote and facilitate the exercise of the right to participate set out in this Protocol;

text: procedures for involving people which may include consultative processes, local referendums and petitions and, where the local authority has many inhabitants and/or covers a large geographical area, measures to involve people at a level close to them;

text: procedures for access, in accordance with the Party’s constitutional order and international legal obligations, to official documents held by local authorities;

text: measures for meeting the needs of categories of persons who face particular obstacles in participating; and

text: mechanisms and procedures for dealing with and responding to complaints and suggestions regarding the functioning of local authorities and local public services;

text: These measures for the exercise of the right to participate shall include:

text: ii securing the establishment of:

text: iii encouraging the use of information and communication technologies for the promotion and exercise of the right to participate set out in this Protocol.

text: The procedures, measures and mechanisms may be different for different categories of local authorities, having regard to their size and competences.

text: In the planning and decision-making processes concerning measures to be undertaken to give effect to the right to participate in the affairs of a local authority, local authorities shall be consulted insofar as possible, in due time and in an appropriate way.

text: Article 2 – Implementing measures for the right to participate

text: This Protocol applies to all the categories of local authorities existing within the territory of the Party. However, each State may, when depositing its instrument of ratification, acceptance or approval, specify the categories of local or regional authorities to which it intends to confine the scope of the Protocol or which it intends to exclude from its scope. It may also include further categories of local or regional authorities within the scope of the Protocol by subsequent notification to the Secretary General of the Council of Europe.

text: Article 3 – Authorities to which the Protocol applies

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

text: Any Party may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory specified in the declaration. In respect of such territory the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

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

text: Article 4 – Territorial application

text: This Protocol shall be open for signature by the member States of the Council of Europe signatories to the Charter. It is subject to ratification, acceptance or approval. A member State of the Council of Europe may not ratify, accept or approve this Protocol unless it has, simultaneously or previously, ratified, accepted or approved the Charter. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which eight member States of the Council of Europe have expressed their consent to be bound by the Protocol in accordance with the provisions of paragraph 1.

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

text: Article 5 – Signature and entry into force

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

text: Such denunciation shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.

text: Article 6 – Denunciation

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

text: Article 5

text: ; d any notification received in application of the provisions of

text: Article 3

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

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol. Done at Utrecht, on the 16th day of November 2009, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.

text: Article 7 – Notifications


identifier: CETS No. 208

openingPlace: Paris

reference: CETS No. 208

title: Protocol amending the Convention on Mutual Administrative Assistance in Tax Matters

text: Council of Europe Treaty Series - No. 208

text: Paris, 27.V.2010

text: Preamble

text: The member States of the Council of Europe and the member countries of the Organisation for Economic Co operation and Development (OECD), signatories of this Protocol,

text: Considering that the Convention on Mutual Administrative Assistance in Tax Matters, done at Strasbourg on 25 January 1988 (hereinafter “the Convention”), was concluded before agreement was reached on the internationally agreed standard to exchange information in tax matters;

text: Considering that a new cooperative environment has emerged since the Convention was concluded;

text: Considering that it is desirable that a multilateral instrument is made available to allow the widest number of States to obtain the benefit of the new co-operative environment and at the same time to implement the highest international standards of co-operation in the tax field;

text: Have agreed as follows:

text: The seventh recital of the Preamble to the Convention shall be deleted and replaced by the following:

text: “Convinced therefore that States should carry out measures or supply information, having regard to the necessity of protecting the confidentiality of information, and taking account of international instruments for the protection of privacy and flows of personal data;”

text: The following shall be added after the seventh recital of the Preamble to the Convention:

text: “Considering that a new co-operative environment has emerged and that it is desirable that a multilateral instrument is made available to allow the widest number of States to obtain the benefits of the new co-operative environment and at the same time implement the highest international standards of co-operation in the tax field;”

text: CETS 208 – Mutual Administrative Assistance in Tax Matters (Amending Protocol), 27.V.2010 __________________________________________________________________________________

ordinal: I

text: Article I

text: Article 4 of the Convention shall be deleted and replaced by the following:

text: “Article 4 – General provision

text: The Parties shall exchange any information, in particular as provided in this section, that is foreseeably relevant for the administration or enforcement of their domestic laws concerning the taxes covered by this Convention. 2 Deleted. 3 Any Party may, by a declaration addressed to one of the Depositaries, indicate that, according to its internal legislation, its authorities may inform its resident or national before transmitting information concerning him, in conformity with Articles 5 and 7.”

ordinal: II

text: Article II

text: The term “and” in paragraph 1.b of Article 18 of the Convention shall be replaced by the term “, or”. 2 The reference to “Article 19” in paragraph 1.f of Article 18 of the Convention shall be replaced by a reference to “Article 21.2.g”.

ordinal: III

text: Article III

text: Article 19 of the Convention shall be deleted.

ordinal: IV

text: Article IV

text: Article 21 of the Convention shall be deleted and replaced by the following:

text: “Article 21 – Protection of persons and limits to the obligation to provide assistance

ordinal: e

text: to provide administrative assistance if and insofar as it considers the taxation in the applicant State to be contrary to generally accepted taxation principles or to the provisions of a convention for the avoidance of double taxation, or of any other convention which the requested State has concluded with the applicant State;

ordinal: f

text: to provide administrative assistance for the purpose of administering or enforcing a provision of the tax law of the applicant State, or any requirement connected therewith, which discriminates against a national of the requested State as compared with a national of the applicant State in the same circumstances;

ordinal: g

text: to provide administrative assistance if the applicant State has not pursued all reasonable measures available under its laws or administrative practice, except where recourse to such measures would give rise to disproportionate difficulty;

ordinal: h

text: to provide assistance in recovery in those cases where the administrative burden for that State is clearly disproportionate to the benefit to be derived by the applicant State.

text: Nothing in this Convention shall affect the rights and safeguards secured to persons by the laws or administrative practice of the requested State. 2 Except in the case of Article 14, the provisions of this Convention shall not be construed so as to impose on the requested State the obligation: a to carry out measures at variance with its own laws or administrative practice or the laws or administrative practice of the applicant State; b to carry out measures which would be contrary to public policy (ordre public); c to supply information which is not obtainable under its own laws or its administrative practice or under the laws of the applicant State or its administrative practice; d to supply information which would disclose any trade, business, industrial, commercial or professional secret, or trade process, or information, the disclosure of which would be contrary to public policy (ordre public);

text: If information is requested by the applicant State in accordance with this Convention, the requested State shall use its information gathering measures to obtain the requested information, even though the requested State may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations contained in this Convention, but in no case shall such limitations, including in particular those of paragraphs 1 and 2, be construed to permit a requested State to decline to supply information solely because it has no domestic interest in such information.

text: In no case shall the provisions of this Convention, including in particular those of paragraphs 1 and 2, be construed to permit a requested State to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person.”

ordinal: V

text: Article V

text: Paragraphs 1 and 2 of Article 22 shall be deleted and replaced with the following:

text: “1 Any information obtained by a Party under this Convention shall be treated as secret and protected in the same manner as information obtained under the domestic law of that Party and, to the extent needed to ensure the necessary level of protection of personal data, in accordance with the safeguards which may be specified by the supplying Party as required under its domestic law.

text: Such information shall in any case be disclosed only to persons or authorities (including courts and administrative or supervisory bodies) concerned with the assessment, collection or recovery of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, taxes of that Party, or the oversight of the above. Only the persons or authorities mentioned above may use the information and then only for such purposes. They may, notwithstanding the provisions of paragraph 1, disclose it in public court proceedings or in judicial decisions relating to such taxes.”

ordinal: VI

text: Article VI

text: Paragraph 2 of Article 27 of the Convention shall be deleted and replaced by the following:

text: “2 Notwithstanding paragraph 1, those Parties which are member States of the European Union can apply, in their mutual relations, the possibilities of assistance provided for by the Convention in so far as they allow a wider co-operation than the possibilities offered by the applicable European Union rules.”

ordinal: VII

text: Article VII

text: The following paragraphs shall be added at the end of Article 28 of the Convention:

text: “4 Any member State of the Council of Europe or any member country of OECD which becomes a Party to the Convention after the entry into force of the Protocol amending this Convention, opened for signature on 27th May 2010 (the “2010 Protocol”), shall be a Party to the Convention as amended by that Protocol, unless they express a different intention in a written communication to one of the Depositaries.

text: After the entry into force of the 2010 Protocol, any State which is not a member of the Council of Europe or of the OECD may request to be invited to sign and ratify this Convention as amended by the 2010 Protocol. Any request to this effect shall be addressed to one of the Depositaries, who shall transmit it to the Parties. The Depositary shall also inform the Committee of Ministers of the Council of Europe and the OECD Council. The decision to invite States which so request to become Party to this Convention shall be taken by consensus by the Parties to the Convention through the coordinating body. In respect of any State ratifying the Convention as amended by the 2010 Protocol in accordance with this paragraph, this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of ratification with one of the Depositaries.

text: The provisions of this Convention, as amended by the 2010 Protocol, shall have effect for administrative assistance related to taxable periods beginning on or after 1 January of the year following the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party, or where there is no taxable period, for administrative assistance related to charges to tax arising on or after 1 January of the year following the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party. Any two or more Parties may mutually agree that the Convention, as amended by the 2010 Protocol, shall have effect for administrative assistance related to earlier taxable periods or charges to tax.

text: Notwithstanding paragraph 6, for tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant Party, the provisions of this Convention, as amended by the 2010 Protocol, shall have effect from the date of entry into force in respect of a Party in relation to earlier taxable periods or charges to tax.”

text: The following subparagraph shall be added after subparagraph e of paragraph 1 of Article 30 of the Convention:

text: “f to apply paragraph 7 of Article 28 exclusively for administrative assistance related to taxable periods beginning on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party, or where there is no taxable period, for administrative assistance related to charges to tax arising on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party.”

text: The words “and any Party to this Convention” shall be added after the words “member countries of the OECD” in paragraph 1 of Article 32 of the Convention.

ordinal: VIII

text: Article VIII

text: This Protocol shall be open for signature by the Signatories to the Convention. It is subject to ratification, acceptance or approval. A signatory may not ratify, accept or approve this Protocol unless it has previously or simultaneously ratified, accepted or approved the Convention. Instruments of ratification, acceptance or approval shall be deposited with one of the Depositaries.

text: This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five Parties to the Convention have expressed their consent to be bound by the Protocol in accordance with the provisions of paragraph 1.

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

ordinal: IX

text: Article IX

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

text: Article IX

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

text: The Depositary with whom an act, notification or communication has been accomplished, shall notify the member States of the Council of Europe, the member countries of OECD and any Party to the Convention as amended by this Protocol of:

text: The Depositary receiving a communication or making a notification in pursuance of the provisions of paragraph 1 shall inform the other Depositary thereof.

text: The Depositaries shall transmit to the member States of the Council of Europe and the member countries of the OECD a certified copy of this Protocol.

text: When this Protocol enters into force in accordance with

text: Article IX

text: , one of the Depositaries shall establish the text of the Convention as amended by this Protocol and shall send a certified copy to all the Parties to the Convention as amended by this Protocol.

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

text: Done at Paris, this 27th day of May 2010, in English and French, both texts being equally authentic, in two copies, one of which shall be deposited in the archives of the Council of Europe and the other in the archives of the OECD.

ordinal: X

text: Article X