identifier: ETS No. 185

openingPlace: Budapest

reference: ETS No. 185

title: Convention on Cybercrime

text: European Treaty Series - No. 185

text: Convention on Cybercrime

text: Budapest, 23.XI.2001

text: Preamble

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

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

text: Recognising the value of fostering co-operation with the other States parties to this Convention;

text: Convinced of the need to pursue, as a matter of priority, a common criminal policy aimed at the protection of society against cybercrime, inter alia, by adopting appropriate legislation and fostering international co-operation;

text: Conscious of the profound changes brought about by the digitalisation, convergence and continuing globalisation of computer networks;

text: Concerned by the risk that computer networks and electronic information may also be used for committing criminal offences and that evidence relating to such offences may be stored and transferred by these networks;

text: Recognising the need for co-operation between States and private industry in combating cybercrime and the need to protect legitimate interests in the use and development of information technologies;

text: Believing that an effective fight against cybercrime requires increased, rapid and wellfunctioning international co-operation in criminal matters;

text: Convinced that the present Convention is necessary to deter action directed against the confidentiality, integrity and availability of computer systems, networks and computer data as well as the misuse of such systems, networks and data by providing for the criminalisation of such conduct, as described in this Convention, and the adoption of powers sufficient for effectively combating such criminal offences, by facilitating their detection, investigation and prosecution at both the domestic and international levels and by providing arrangements for fast and reliable international co-operation;

text: ETS 185 – Cybercrime (Convention), 23.XI.2001 __________________________________________________________________________________

text: Mindful of the need to ensure a proper balance between the interests of law enforcement and respect for fundamental human rights as enshrined in the 1950 Council of Europe

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

text: , the 1966 United Nations

text: International Covenant on Civil and Political Rights

text: and other applicable international human rights treaties, which reaffirm the right of everyone to hold opinions without interference, as well as the right to freedom of expression, including the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, and the rights concerning the respect for privacy;

text: Mindful also of the right to the protection of personal data, as conferred, for example, by the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data;

text: Considering the 1989 United Nations

text: Convention on the Rights of the Child

text: and the 1999 International Labour Organization Worst Forms of Child Labour Convention;

text: Taking into account the existing Council of Europe conventions on co-operation in the penal field, as well as similar treaties which exist between Council of Europe member States and other States, and stressing that the present Convention is intended to supplement those conventions in order to make criminal investigations and proceedings concerning criminal offences related to computer systems and data more effective and to enable the collection of evidence in electronic form of a criminal offence;

text: Welcoming recent developments which further advance international understanding and cooperation in combating cybercrime, including action taken by the United Nations, the OECD, the European Union and the G8;

text: Recalling Committee of Ministers Recommendations No. R (85) 10 concerning the practical application of the European Convention on Mutual Assistance in Criminal Matters in respect of letters rogatory for the interception of telecommunications, No. R (88) 2 on piracy in the field of copyright and neighbouring rights, No. R (87) 15 regulating the use of personal data in the police sector, No. R (95) 4 on the protection of personal data in the area of telecommunication services, with particular reference to telephone services, as well as No. R (89) 9 on computer-related crime providing guidelines for national legislatures concerning the definition of certain computer crimes and No. R (95) 13 concerning problems of criminal procedural law connected with information technology;

text: Having regard to Resolution No. 1 adopted by the European Ministers of Justice at their 21st Conference (Prague, 10 and 11 June 1997), which recommended that the Committee of Ministers support the work on cybercrime carried out by the European Committee on Crime Problems (CDPC) in order to bring domestic criminal law provisions closer to each other and enable the use of effective means of investigation into such offences, as well as to Resolution No. 3 adopted at the 23rd Conference of the European Ministers of Justice (London, 8 and 9 June 2000), which encouraged the negotiating parties to pursue their efforts with a view to finding appropriate solutions to enable the largest possible number of States to become parties to the Convention and acknowledged the need for a swift and efficient system of international co-operation, which duly takes into account the specific requirements of the fight against cybercrime;

text: Having also regard to the Action Plan adopted by the Heads of State and Government of the Council of Europe on the occasion of their Second Summit (Strasbourg, 10 and 11 October 1997), to seek common responses to the development of the new information technologies based on the standards and values of the Council of Europe;

text: Have agreed as follows:

text: Chapter I – Use of terms

text: For the purposes of this Convention:

text: "computer system" means any device or a group of interconnected or related devices, one or more of which, pursuant to a program, performs automatic processing of data;

text: "computer data" means any representation of facts, information or concepts in a form suitable for processing in a computer system, including a program suitable to cause a computer system to perform a function;

text: "service provider" means:

ordinal: i

text: any public or private entity that provides to users of its service the ability to communicate by means of a computer system, and

text: ii any other entity that processes or stores computer data on behalf of such communication service or users of such service.

text: "traffic data" means any computer data relating to a communication by means of a computer system, generated by a computer system that formed a part in the chain of communication, indicating the communication’s origin, destination, route, time, date, size, duration, or type of underlying service.

text: Article 1 – Definitions

text: Chapter II – Measures to be taken at the national level

text: Section 1 – Substantive criminal law

text: Title 1 – Offences against the confidentiality, integrity and availability

text: of computer data and systems

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the access to the whole or any part of a computer system without right. A Party may require that the offence be committed by infringing security measures, with the intent of obtaining computer data or other dishonest intent, or in relation to a computer system that is connected to another computer system.

text: Article 2 – Illegal access

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the interception without right, made by technical means, of non-public transmissions of computer data to, from or within a computer system, including electromagnetic emissions from a computer system carrying such computer data. A Party may require that the offence be committed with dishonest intent, or in relation to a computer system that is connected to another computer system.

text: Article 3 – Illegal interception

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the damaging, deletion, deterioration, alteration or suppression of computer data without right.

text: A Party may reserve the right to require that the conduct described in paragraph 1 result in serious harm.

text: Article 4 – Data interference

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the serious hindering without right of the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data.

text: Article 5 – System interference

text: the production, sale, procurement for use, import, distribution or otherwise making available of:

text: a device, including a computer program, designed or adapted primarily for the purpose of committing any of the offences established in accordance with

text: Articles 2

text: through 5;

text: the possession of an item referred to in paragraphs a.i or ii above, with intent that it be used for the purpose of committing any of the offences established in

text: Articles 2

text: through 5. A Party may require by law that a number of such items be possessed before criminal liability attaches.

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right:

text: ii a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed,

text: with intent that it be used for the purpose of committing any of the offences established in

text: Articles 2

text: through 5; and

text: This article shall not be interpreted as imposing criminal liability where the production, sale, procurement for use, import, distribution or otherwise making available or possession referred to in paragraph 1 of this article is not for the purpose of committing an offence established in accordance with

text: Articles 2

text: through 5 of this Convention, such as for the authorised testing or protection of a computer system.

text: Each Party may reserve the right not to apply paragraph 1 of this article, provided that the reservation does not concern the sale, distribution or otherwise making available of the items referred to in paragraph 1 a.ii of this article.

text: Title 2 – Computer-related offences

text: Article 6 – Misuse of devices

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the input, alteration, deletion, or suppression of computer data, resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible. A Party may require an intent to defraud, or similar dishonest intent, before criminal liability attaches.

text: Article 7 – Computer-related forgery

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the causing of a loss of property to another person by: a any input, alteration, deletion or suppression of computer data, b any interference with the functioning of a computer system, with fraudulent or dishonest intent of procuring, without right, an economic benefit for oneself or for another person.

text: Title 3 – Content-related offences

text: Article 8 – Computer-related fraud

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the following conduct: a producing child pornography for the purpose of its distribution through a computer system; b offering or making available child pornography through a computer system; c distributing or transmitting child pornography through a computer system; d procuring child pornography through a computer system for oneself or for another person; e possessing child pornography in a computer system or on a computer-data storage medium. 2 For the purpose of paragraph 1 above, the term "child pornography" shall include pornographic material that visually depicts: a a minor engaged in sexually explicit conduct; b a person appearing to be a minor engaged in sexually explicit conduct; c realistic images representing a minor engaged in sexually explicit conduct.

text: For the purpose of paragraph 2 above, the term "minor" shall include all persons under 18 years of age. A Party may, however, require a lower age-limit, which shall be not less than 16 years.

text: Each Party may reserve the right not to apply, in whole or in part, paragraphs 1, subparagraphs d and e, and 2, sub-paragraphs b and c.

text: Title 4 – Offences related to infringements of copyright and related rights

text: Article 9 – Offences related to child pornography

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the infringement of copyright, as defined under the law of that Party, pursuant to the obligations it has undertaken under the Paris Act of 24 July 1971 revising the Bern Convention for the Protection of Literary and Artistic Works, the Agreement on Trade-Related Aspects of Intellectual Property Rights and the WIPO Copyright Treaty, with the exception of any moral rights conferred by such conventions, where such acts are committed wilfully, on a commercial scale and by means of a computer system.

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the infringement of related rights, as defined under the law of that Party, pursuant to the obligations it has undertaken under the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome Convention), the Agreement on Trade-Related Aspects of Intellectual Property Rights and the WIPO Performances and Phonograms Treaty, with the exception of any moral rights conferred by such conventions, where such acts are committed wilfully, on a commercial scale and by means of a computer system.

text: A Party may reserve the right not to impose criminal liability under paragraphs 1 and 2 of this article in limited circumstances, provided that other effective remedies are available and that such reservation does not derogate from the Party’s international obligations set forth in the international instruments referred to in paragraphs 1 and 2 of this article.

text: Title 5 – Ancillary liability and sanctions

text: Article 10 – Offences related to infringements of copyright and related rights

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, aiding or abetting the commission of any of the offences established in accordance with

text: Articles 2

text: through 10 of the present Convention with intent that such offence be committed.

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, an attempt to commit any of the offences established in accordance with

text: Articles 3

text: through 5, 7, 8, and 9.1.a and c of this Convention.

text: Each Party may reserve the right not to apply, in whole or in part, paragraph 2 of this article.

text: Article 11 – Attempt and aiding or abetting

text: a power of representation of the legal person;

text: an authority to take decisions on behalf of the legal person;

text: an authority to exercise control within the legal person.

text: Each Party shall adopt such legislative and other measures as may be necessary to ensure that legal persons can be held liable for a criminal offence established in accordance with this Convention, committed for their benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within it, based on:

text: In addition to the cases already provided for in paragraph 1 of this article, each Party shall take the measures necessary to ensure that a legal person can be held liable where the lack of supervision or control by a natural person referred to in paragraph 1 has made possible the commission of a criminal offence established in accordance with this Convention for the benefit of that legal person by a natural person acting under its authority.

text: Subject to the legal principles of the Party, the liability of a legal person may be criminal, civil or administrative.

text: Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offence.

text: Article 12 – Corporate liability

text: Each Party shall adopt such legislative and other measures as may be necessary to ensure that the criminal offences established in accordance with

text: Articles 2

text: through 11 are punishable by effective, proportionate and dissuasive sanctions, which include deprivation of liberty.

text: Each Party shall ensure that legal persons held liable in accordance with

text: Article 12

text: shall be subject to effective, proportionate and dissuasive criminal or non-criminal sanctions or measures, including monetary sanctions.

text: Article 13 – Sanctions and measures

text: Section 2 – Procedural law

text: Title 1 – Common provisions

text: Each Party shall adopt such legislative and other measures as may be necessary to establish the powers and procedures provided for in this section for the purpose of specific criminal investigations or proceedings.

text: the criminal offences established in accordance with

text: Articles 2

text: through 11 of this Convention;

text: other criminal offences committed by means of a computer system; and

text: the collection of evidence in electronic form of a criminal offence.

text: Except as specifically provided otherwise in

text: Article 21

text: , each Party shall apply the powers and procedures referred to in paragraph 1 of this article to:

text: Where a Party, due to limitations in its legislation in force at the time of the adoption of the present Convention, is not able to apply the measures referred to in

text: Articles 20

text: and 21 to communications being transmitted within a computer system of a service provider, which system:

text: is being operated for the benefit of a closed group of users, and

text: a Each Party may reserve the right to apply the measures referred to in

text: Article 20

text: only to offences or categories of offences specified in the reservation, provided that the range of such offences or categories of offences is not more restricted than the range of offences to which it applies the measures referred to in

text: Article 21

text: . Each Party shall consider restricting such a reservation to enable the broadest application of the measure referred to in

text: Article 20

text: ii does not employ public communications networks and is not connected with another computer system, whether public or private,

text: that Party may reserve the right not to apply these measures to such communications. Each Party shall consider restricting such a reservation to enable the broadest application of the measures referred to in

text: Articles 20

text: and 21.

text: Article 14 – Scope of procedural provisions

text: Each Party shall ensure that the establishment, implementation and application of the powers and procedures provided for in this Section are subject to conditions and safeguards provided for under its domestic law, which shall provide for the adequate protection of human rights and liberties, including rights arising pursuant to obligations it has undertaken under the 1950 Council of Europe

text: , the 1966 United Nations

text: , and other applicable international human rights instruments, and which shall incorporate the principle of proportionality.

text: Such conditions and safeguards shall, as appropriate in view of the nature of the procedure or power concerned, inter alia, include judicial or other independent supervision, grounds justifying application, and limitation of the scope and the duration of such power or procedure.

text: To the extent that it is consistent with the public interest, in particular the sound administration of justice, each Party shall consider the impact of the powers and procedures in this section upon the rights, responsibilities and legitimate interests of third parties.

text: Title 2 – Expedited preservation of stored computer data

text: Article 15 – Conditions and safeguards

text: Each Party shall adopt such legislative and other measures as may be necessary to enable its competent authorities to order or similarly obtain the expeditious preservation of specified computer data, including traffic data, that has been stored by means of a computer system, in particular where there are grounds to believe that the computer data is particularly vulnerable to loss or modification.

text: Where a Party gives effect to paragraph 1 above by means of an order to a person to preserve specified stored computer data in the person’s possession or control, the Party shall adopt such legislative and other measures as may be necessary to oblige that person to preserve and maintain the integrity of that computer data for a period of time as long as necessary, up to a maximum of ninety days, to enable the competent authorities to seek its disclosure. A Party may provide for such an order to be subsequently renewed.

text: Each Party shall adopt such legislative and other measures as may be necessary to oblige the custodian or other person who is to preserve the computer data to keep confidential the undertaking of such procedures for the period of time provided for by its domestic law.

text: The powers and procedures referred to in this article shall be subject to

text: Articles 14

text: and 15.

text: Article 16 – Expedited preservation of stored computer data

text: Each Party shall adopt, in respect of traffic data that is to be preserved under

text: Article 16

text: , such legislative and other measures as may be necessary to: a ensure that such expeditious preservation of traffic data is available regardless of whether one or more service providers were involved in the transmission of that communication; and b ensure the expeditious disclosure to the Party’s competent authority, or a person designated by that authority, of a sufficient amount of traffic data to enable the Party to identify the service providers and the path through which the communication was transmitted. 2 The powers and procedures referred to in this article shall be subject to

text: Articles 14

text: and 15.

text: Title 3 – Production order

text: Article 17 – Expedited preservation and partial disclosure of traffic data

text: Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to order: a a person in its territory to submit specified computer data in that person’s possession or control, which is stored in a computer system or a computer-data storage medium; and b a service provider offering its services in the territory of the Party to submit subscriber information relating to such services in that service provider’s possession or control. 2 The powers and procedures referred to in this article shall be subject to

text: Articles 14

text: and 15. 3 For the purpose of this article, the term “subscriber information” means any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data and by which can be established: a the type of communication service used, the technical provisions taken thereto and the period of service; b the subscriber’s identity, postal or geographic address, telephone and other access number, billing and payment information, available on the basis of the service agreement or arrangement; c any other information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.

text: Title 4 – Search and seizure of stored computer data

text: Article 18 – Production order

text: a computer-data storage medium in which computer data may be stored in its territory. 2 Each Party shall adopt such legislative and other measures as may be necessary to ensure that where its authorities search or similarly access a specific computer system or part of it, pursuant to paragraph 1.a, and have grounds to believe that the data sought is stored in another computer system or part of it in its territory, and such data is lawfully accessible from or available to the initial system, the authorities shall be able to expeditiously extend the search or similar accessing to the other system. 3 Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to seize or similarly secure computer data accessed according to paragraphs 1 or 2. These measures shall include the power to: a seize or similarly secure a computer system or part of it or a computer-data storage medium; b make and retain a copy of those computer data; c maintain the integrity of the relevant stored computer data; d render inaccessible or remove those computer data in the accessed computer system. 4 Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to order any person who has knowledge about the functioning of the computer system or measures applied to protect the computer data therein to provide, as is reasonable, the necessary information, to enable the undertaking of the measures referred to in paragraphs 1 and 2. 5 The powers and procedures referred to in this article shall be subject to

text: Articles 14

text: and 15.

text: Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to search or similarly access: a a computer system or part of it and computer data stored therein; and

text: Title 5 – Real-time collection of computer data

text: Article 19 – Search and seizure of stored computer data

text: Each Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to: a collect or record through the application of technical means on the territory of that Party, and b compel a service provider, within its existing technical capability: i to collect or record through the application of technical means on the territory of that Party; or ii to co-operate and assist the competent authorities in the collection or recording of, traffic data, in real-time, associated with specified communications in its territory transmitted by means of a computer system.

text: Where a Party, due to the established principles of its domestic legal system, cannot adopt the measures referred to in paragraph 1.a, it may instead adopt legislative and other measures as may be necessary to ensure the real-time collection or recording of traffic data associated with specified communications transmitted in its territory, through the application of technical means on that territory.

text: Each Party shall adopt such legislative and other measures as may be necessary to oblige a service provider to keep confidential the fact of the execution of any power provided for in this article and any information relating to it.

text: Articles 14

text: and 15.

text: Article 20 – Real-time collection of traffic data

text: collect or record through the application of technical means on the territory of that Party, and

text: compel a service provider, within its existing technical capability:

text: to collect or record through the application of technical means on the territory of that Party, or

text: Each Party shall adopt such legislative and other measures as may be necessary, in relation to a range of serious offences to be determined by domestic law, to empower its competent authorities to:

text: ii to co-operate and assist the competent authorities in the collection or recording of,

text: content data, in real-time, of specified communications in its territory transmitted by means of a computer system.

text: Where a Party, due to the established principles of its domestic legal system, cannot adopt the measures referred to in paragraph 1.a, it may instead adopt legislative and other measures as may be necessary to ensure the real-time collection or recording of content data on specified communications in its territory through the application of technical means on that territory.

text: Articles 14

text: and 15.

text: Article 21 – Interception of content data

text: Section 3 – Jurisdiction

text: in its territory; or

text: on board a ship flying the flag of that Party; or

text: on board an aircraft registered under the laws of that Party; or

text: by one of its nationals, if the offence is punishable under criminal law where it was committed or if the offence is committed outside the territorial jurisdiction of any State.

text: Each Party shall adopt such legislative and other measures as may be necessary to establish jurisdiction over any offence established in accordance with

text: Articles 2

text: through 11 of this Convention, when the offence is committed:

text: Each Party may reserve the right not to apply or to apply only in specific cases or conditions the jurisdiction rules laid down in paragraphs 1.b through 1.d of this article or any part thereof.

text: Each Party shall adopt such measures as may be necessary to establish jurisdiction over the offences referred to in

text: Article 24

text: , paragraph 1, of this Convention, in cases where an alleged offender is present in its territory and it does not extradite him or her to another Party, solely on the basis of his or her nationality, after a request for extradition.

text: This Convention does not exclude any criminal jurisdiction exercised by a Party in accordance with its domestic law.

text: When more than one Party claims jurisdiction over an alleged offence established in accordance with this Convention, the Parties involved shall, where appropriate, consult with a view to determining the most appropriate jurisdiction for prosecution.

text: Article 22 – Jurisdiction

text: Chapter III – International co-operation

text: Section 1 – General principles

text: Title 1 – General principles relating to international co-operation

text: The Parties shall co-operate with each other, in accordance with the provisions of this chapter, and through the application of relevant international instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offences related to computer systems and data, or for the collection of evidence in electronic form of a criminal offence.

text: Title 2 – Principles relating to extradition

text: Article 23 – General principles relating to international co-operation

text: Where a different minimum penalty is to be applied under an arrangement agreed on the basis of uniform or reciprocal legislation or an extradition treaty, including the European Convention on Extradition (ETS No. 24), applicable between two or more parties, the minimum penalty provided for under such arrangement or treaty shall apply.

text: a This article applies to extradition between Parties for the criminal offences established in accordance with

text: Articles 2

text: through 11 of this Convention, provided that they are punishable under the laws of both Parties concerned by deprivation of liberty for a maximum period of at least one year, or by a more severe penalty.

text: The criminal offences described in paragraph 1 of this article shall be deemed to be included as extraditable offences in any extradition treaty existing between or among the Parties. The Parties undertake to include such offences as extraditable offences in any extradition treaty to be concluded between or among them.

text: If a Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another Party with which it does not have an extradition treaty, it may consider this Convention as the legal basis for extradition with respect to any criminal offence referred to in paragraph 1 of this article.

text: Parties that do not make extradition conditional on the existence of a treaty shall recognise the criminal offences referred to in paragraph 1 of this article as extraditable offences between themselves.

text: Extradition shall be subject to the conditions provided for by the law of the requested Party or by applicable extradition treaties, including the grounds on which the requested Party may refuse extradition.

text: If extradition for a criminal offence referred to in paragraph 1 of this article is refused solely on the basis of the nationality of the person sought, or because the requested Party deems that it has jurisdiction over the offence, the requested Party shall submit the case at the request of the requesting Party to its competent authorities for the purpose of prosecution and shall report the final outcome to the requesting Party in due course. Those authorities shall take their decision and conduct their investigations and proceedings in the same manner as for any other offence of a comparable nature under the law of that Party.

text: The Secretary General of the Council of Europe shall set up and keep updated a register of authorities so designated by the Parties. Each Party shall ensure that the details held on the register are correct at all times.

text: a Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe the name and address of each authority responsible for making or receiving requests for extradition or provisional arrest in the absence of a treaty.

text: Title 3 – General principles relating to mutual assistance

text: Article 24 – Extradition

text: The Parties shall afford one another mutual assistance to the widest extent possible for the purpose of investigations or proceedings concerning criminal offences related to computer systems and data, or for the collection of evidence in electronic form of a criminal offence.

text: Each Party shall also adopt such legislative and other measures as may be necessary to carry out the obligations set forth in

text: Articles 27

text: through 35.

text: Each Party may, in urgent circumstances, make requests for mutual assistance or communications related thereto by expedited means of communication, including fax or email, to the extent that such means provide appropriate levels of security and authentication (including the use of encryption, where necessary), with formal confirmation to follow, where required by the requested Party. The requested Party shall accept and respond to the request by any such expedited means of communication.

text: Except as otherwise specifically provided in articles in this chapter, mutual assistance shall be subject to the conditions provided for by the law of the requested Party or by applicable mutual assistance treaties, including the grounds on which the requested Party may refuse co-operation. The requested Party shall not exercise the right to refuse mutual assistance in relation to the offences referred to in

text: Articles 2

text: through 11 solely on the ground that the request concerns an offence which it considers a fiscal offence.

text: Where, in accordance with the provisions of this chapter, the requested Party is permitted to make mutual assistance conditional upon the existence of dual criminality, that condition shall be deemed fulfilled, irrespective of whether its laws place the offence within the same category of offence or denominate the offence by the same terminology as the requesting Party, if the conduct underlying the offence for which assistance is sought is a criminal offence under its laws.

text: Article 25 – General principles relating to mutual assistance

text: A Party may, within the limits of its domestic law and without prior request, forward to another Party information obtained within the framework of its own investigations when it considers that the disclosure of such information might assist the receiving Party in initiating or carrying out investigations or proceedings concerning criminal offences established in accordance with this Convention or might lead to a request for co-operation by that Party under this chapter.

text: Prior to providing such information, the providing Party may request that it be kept confidential or only used subject to conditions. If the receiving Party cannot comply with such request, it shall notify the providing Party, which shall then determine whether the information should nevertheless be provided. If the receiving Party accepts the information subject to the conditions, it shall be bound by them.

text: Title 4 – Procedures pertaining to mutual assistance requests

text: in the absence of applicable international agreements

text: Article 26 – Spontaneous information

text: Where there is no mutual assistance treaty or arrangement on the basis of uniform or reciprocal legislation in force between the requesting and requested Parties, the provisions of paragraphs 2 through 9 of this article shall apply. The provisions of this article shall not apply where such treaty, arrangement or legislation exists, unless the Parties concerned agree to apply any or all of the remainder of this article in lieu thereof.

text: The central authorities shall communicate directly with each other;

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

text: The Secretary General of the Council of Europe shall set up and keep updated a register of central authorities designated by the Parties. Each Party shall ensure that the details held on the register are correct at all times.

text: a Each Party shall designate a central authority or authorities responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution.

text: Mutual assistance requests under this article shall be executed in accordance with the procedures specified by the requesting Party, except where incompatible with the law of the requested Party.

text: the request concerns an offence which the requested Party considers a political offence or an offence connected with a political offence, or

text: it considers that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests.

text: The requested Party may, in addition to the grounds for refusal established in

text: Article 25

text: , paragraph 4, refuse assistance if:

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

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

text: The requested Party shall promptly inform the requesting Party of the outcome of the execution of a request for assistance. Reasons shall be given for any refusal or postponement of the request. The requested Party shall also inform the requesting Party of any reasons that render impossible the execution of the request or are likely to delay it significantly.

text: The requesting Party may request that the requested Party keep confidential the fact of any request made under this chapter as well as its subject, except to the extent necessary for its execution. If the requested Party cannot comply with the request for confidentiality, it shall promptly inform the requesting Party, which shall then determine whether the request should nevertheless be executed.

text: Any request or communication under this paragraph may be made through the International Criminal Police Organisation (Interpol).

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

text: Requests or communications made under this paragraph that do not involve coercive action may be directly transmitted by the competent authorities of the requesting Party to the competent authorities of the requested Party.

text: Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, inform the Secretary General of the Council of Europe that, for reasons of efficiency, requests made under this paragraph are to be addressed to its central authority.

text: a In the event of urgency, requests for mutual assistance or communications related thereto may be sent directly by judicial authorities of the requesting Party to such authorities of the requested Party. In any such cases, a copy shall be sent at the same time to the central authority of the requested Party through the central authority of the requesting Party.

text: Article 27 – Procedures pertaining to mutual assistance requests in the absence of applicable international agreements

text: When there is no mutual assistance treaty or arrangement on the basis of uniform or reciprocal legislation in force between the requesting and the requested Parties, the provisions of this article shall apply. The provisions of this article shall not apply where such treaty, arrangement or legislation exists, unless the Parties concerned agree to apply any or all of the remainder of this article in lieu thereof.

text: kept confidential where the request for mutual legal assistance could not be complied with in the absence of such condition, or

text: not used for investigations or proceedings other than those stated in the request.

text: The requested Party may make the supply of information or material in response to a request dependent on the condition that it is:

text: If the requesting Party cannot comply with a condition referred to in paragraph 2, it shall promptly inform the other Party, which shall then determine whether the information should nevertheless be provided. When the requesting Party accepts the condition, it shall be bound by it.

text: Any Party that supplies information or material subject to a condition referred to in paragraph 2 may require the other Party to explain, in relation to that condition, the use made of such information or material.

text: Article 28 – Confidentiality and limitation on use

text: Section 2 – Specific provisions

text: Title 1 – Mutual assistance regarding provisional measures

text: A Party may request another Party to order or otherwise obtain the expeditious preservation of data stored by means of a computer system, located within the territory of that other Party and in respect of which the requesting Party intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the data.

text: the authority seeking the preservation;

text: the offence that is the subject of a criminal investigation or proceedings and a brief summary of the related facts;

text: the stored computer data to be preserved and its relationship to the offence;

text: any available information identifying the custodian of the stored computer data or the location of the computer system;

text: the necessity of the preservation; and

text: that the Party intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the stored computer data.

text: A request for preservation made under paragraph 1 shall specify:

text: Upon receiving the request from another Party, the requested Party shall take all appropriate measures to preserve expeditiously the specified data in accordance with its domestic law. For the purposes of responding to a request, dual criminality shall not be required as a condition to providing such preservation.

text: A Party that requires dual criminality as a condition for responding to a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of stored data may, in respect of offences other than those established in accordance with

text: Articles 2

text: through 11 of this Convention, reserve the right to refuse the request for preservation under this article in cases where it has reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled.

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

text: In addition, a request for preservation may only be refused if:

text: Where the requested Party believes that preservation will not ensure the future availability of the data or will threaten the confidentiality of or otherwise prejudice the requesting Party’s investigation, it shall promptly so inform the requesting Party, which shall then determine whether the request should nevertheless be executed.

text: Any preservation effected in response to the request referred to in paragraph 1 shall be for a period not less than sixty days, in order to enable the requesting Party to submit a request for the search or similar access, seizure or similar securing, or disclosure of the data. Following the receipt of such a request, the data shall continue to be preserved pending a decision on that request.

text: Article 29 – Expedited preservation of stored computer data

text: Where, in the course of the execution of a request made pursuant to

text: Article 29

text: to preserve traffic data concerning a specific communication, the requested Party discovers that a service provider in another State was involved in the transmission of the communication, the requested Party shall expeditiously disclose to the requesting Party a sufficient amount of traffic data to identify that service provider and the path through which the communication was transmitted.

text: the request concerns an offence which the requested Party considers a political offence or an offence connected with a political offence; or

text: Disclosure of traffic data under paragraph 1 may only be withheld if:

text: Title 2 – Mutual assistance regarding investigative powers

text: Article 30 – Expedited disclosure of preserved traffic data

text: A Party may request another Party to search or similarly access, seize or similarly secure, and disclose data stored by means of a computer system located within the territory of the requested Party, including data that has been preserved pursuant to

text: Article 29

text: The requested Party shall respond to the request through the application of international instruments, arrangements and laws referred to in

text: Article 23

text: , and in accordance with other relevant provisions of this chapter.

text: there are grounds to believe that relevant data is particularly vulnerable to loss or modification; or

text: the instruments, arrangements and laws referred to in paragraph 2 otherwise provide for expedited co-operation.

text: The request shall be responded to on an expedited basis where:

text: Article 31 – Mutual assistance regarding accessing of stored computer data

text: A Party may, without the authorisation of another Party:

text: access publicly available (open source) stored computer data, regardless of where the data is located geographically; or

text: access or receive, through a computer system in its territory, stored computer data located in another Party, if the Party obtains the lawful and voluntary consent of the person who has the lawful authority to disclose the data to the Party through that computer system.

text: Article 32 – Trans-border access to stored computer data with consent or where publicly available

text: The Parties shall provide mutual assistance to each other in the real-time collection of traffic data associated with specified communications in their territory transmitted by means of a computer system. Subject to the provisions of paragraph 2, this assistance shall be governed by the conditions and procedures provided for under domestic law.

text: Each Party shall provide such assistance at least with respect to criminal offences for which real-time collection of traffic data would be available in a similar domestic case.

text: Article 33 – Mutual assistance regarding the real-time collection of traffic data

text: The Parties shall provide mutual assistance to each other in the real-time collection or recording of content data of specified communications transmitted by means of a computer system to the extent permitted under their applicable treaties and domestic laws.

text: Title 3 – 24/7 Network

text: Article 34 – Mutual assistance regarding the interception of content data

text: the provision of technical advice;

text: the preservation of data pursuant to

text: Articles 29

text: and 30;

text: the collection of evidence, the provision of legal information, and locating of suspects.

text: Each Party shall designate a point of contact available on a twenty-four hour, seven-day-aweek basis, in order to ensure the provision of immediate assistance for the purpose of investigations or proceedings concerning criminal offences related to computer systems and data, or for the collection of evidence in electronic form of a criminal offence. Such assistance shall include facilitating, or, if permitted by its domestic law and practice, directly carrying out the following measures:

text: If the point of contact designated by a Party is not part of that Party’s authority or authorities responsible for international mutual assistance or extradition, the point of contact shall ensure that it is able to co-ordinate with such authority or authorities on an expedited basis.

text: a A Party’s point of contact shall have the capacity to carry out communications with the point of contact of another Party on an expedited basis.

text: Each Party shall ensure that trained and equipped personnel are available, in order to facilitate the operation of the network.

text: Article 35 – 24/7 Network

text: Chapter IV – Final provisions

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

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

text: This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five States, including at least three member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of paragraphs 1 and 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 paragraphs 1 and 2.

text: Article 36 – Signature and entry into force

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting with and obtaining the unanimous consent of the Contracting States to the Convention, may invite any State which is not a member of the Council and which has not participated in its elaboration 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 the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers.

text: In respect of any State 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 37 – Accession to the Convention

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

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

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

text: Article 38 – Territorial application

text: The purpose of the present Convention is to supplement applicable multilateral or bilateral treaties or arrangements as between the Parties, including the provisions of:

text: – the European Convention on Extradition, opened for signature in Paris, on 13 December 1957 (ETS No. 24);

text: – the European Convention on Mutual Assistance in Criminal Matters, opened for signature in Strasbourg, on 20 April 1959 (ETS No. 30);

text: – the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, opened for signature in Strasbourg, on 17 March 1978 (ETS No. 99).

text: If two or more Parties have already concluded an agreement or treaty on the matters dealt with in this Convention or have otherwise established their relations on such matters, or should they in future do so, they shall also be entitled to apply that agreement or treaty or to regulate those relations accordingly. However, where Parties establish their relations in respect of the matters dealt with in the present Convention other than as regulated therein, they shall do so in a manner that is not inconsistent with the Convention’s objectives and principles.

text: Nothing in this Convention shall affect other rights, restrictions, obligations and responsibilities of a Party.

text: Article 39 – Effects of the Convention

text: By a written notification addressed to the Secretary General of the Council of Europe, any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it avails itself of the possibility of requiring additional elements as provided for under

text: Articles 2

text: , 3, 6 paragraph 1.b, 7, 9 paragraph 3, and 27, paragraph 9.e.

text: Article 40 – Declarations

text: A federal State may reserve the right to assume obligations under Chapter II of this Convention consistent with its fundamental principles governing the relationship between its central government and constituent States or other similar territorial entities provided that it is still able to co-operate under Chapter III.

text: When making a reservation under paragraph 1, a federal State may not apply the terms of such reservation to exclude or substantially diminish its obligations to provide for measures set forth in Chapter II. Overall, it shall provide for a broad and effective law enforcement capability with respect to those measures.

text: With regard to the provisions of this Convention, the application of which comes under the jurisdiction of constituent States or other similar territorial entities, that are not obliged by the constitutional system of the federation to take legislative measures, the federal government shall inform the competent authorities of such States of the said provisions with its favourable opinion, encouraging them to take appropriate action to give them effect.

text: Article 41 – Federal clause

text: By a written notification addressed to the Secretary General of the Council of Europe, any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it avails itself of the reservation(s) provided for in

text: Article 4

text: , paragraph 2,

text: Article 6

text: , paragraph 3,

text: Article 9

text: , paragraph 4,

text: Article 10

text: , paragraph 3,

text: Article 11

text: , paragraph 3,

text: Article 14

text: , paragraph 3,

text: Article 22

text: , paragraph 2,

text: Article 29

text: , paragraph 4, and

text: Article 41

text: , paragraph 1. No other reservation may be made.

text: Article 42 – Reservations

text: A Party that has made a reservation in accordance with

text: Article 42

text: may wholly or partially withdraw it by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect on the date of receipt of such notification by the Secretary General. If the notification states that the withdrawal of a reservation is to take effect on a date specified therein, and such date is later than the date on which the notification is received by the Secretary General, the withdrawal shall take effect on such a later date.

text: A Party that has made a reservation as referred to in

text: Article 42

text: shall withdraw such reservation, in whole or in part, as soon as circumstances so permit.

text: The Secretary General of the Council of Europe may periodically enquire with Parties that have made one or more reservations as referred to in

text: Article 42

text: as to the prospects for withdrawing such reservation(s).

text: Article 43 – Status and withdrawal of reservations

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

text: Article 37

text: Any amendment proposed by a Party shall be communicated to the European Committee on Crime Problems (CDPC), which shall submit to the Committee of Ministers its opinion on that proposed amendment.

text: The Committee of Ministers shall consider the proposed amendment and the opinion submitted by the CDPC and, following consultation with the non-member States Parties to this Convention, may adopt the amendment.

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

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

text: Article 44 – Amendments

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

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

text: Article 45 – Settlement of disputes

text: the effective use and implementation of this Convention, including the identification of any problems thereof, as well as the effects of any declaration or reservation made under this Convention;

text: the exchange of information on significant legal, policy or technological developments pertaining to cybercrime and the collection of evidence in electronic form;

text: consideration of possible supplementation or amendment of the Convention.

text: The Parties shall, as appropriate, consult periodically with a view to facilitating:

text: The European Committee on Crime Problems (CDPC) shall be kept periodically informed regarding the result of consultations referred to in paragraph 1.

text: The CDPC shall, as appropriate, facilitate the consultations referred to in paragraph 1 and take the measures necessary to assist the Parties in their efforts to supplement or amend the Convention. At the latest three years after the present Convention enters into force, the European Committee on Crime Problems (CDPC) shall, in co-operation with the Parties, conduct a review of all of the Convention’s provisions and, if necessary, recommend any appropriate amendments.

text: Except where assumed by the Council of Europe, expenses incurred in carrying out the provisions of paragraph 1 shall be borne by the Parties in the manner to be determined by them.

text: The Parties shall be assisted by the Secretariat of the Council of Europe in carrying out their functions pursuant to this article.

text: Article 46 – Consultations of the Parties

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

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

text: Article 47 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the non-member States which have participated in the elaboration of this Convention as well as any State which has acceded to, or has been invited to accede to, this Convention of:

text: any signature;

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

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

text: Articles 36

text: and 37;

text: any declaration made under

text: Article 40

text: or reservation made in accordance with

text: Article 42

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

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

text: Done at Budapest, this 23rd day of November 2001, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, and to any State invited to accede to it.

text: Article 48 – Notification

title: Convention on Cybercrime


doctype: protocol

identifier: ETS No. 186

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: ETS No. 186

title: Additional Protocol to the Convention on Human Rights and Biomedicine concerning Transplantation of Organs and Tissues of Human Origin

text: European Treaty Series - No. 186

type: stycke

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

text: concerning Transplantation of Organs and Tissues of Human Origin

text: Strasbourg, 24.I.2002

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 "Convention on Human Rights and Biomedicine"),

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: Considering that progress in medical science, in particular in the field of organ and tissue transplantation, contributes to saving lives or greatly improving their quality;

text: Considering that transplantation of organs and tissues is an established part of the health services offered to the population;

text: Considering that, in view of the shortage of organs and tissues, appropriate action should be taken to increase organ and tissue donation, in particular by informing the public of the importance of organ and tissue transplantation and by promoting European co-operation in this field;

text: Considering moreover the ethical, psychological and socio-cultural problems inherent in the transplantation of organs and tissues;

text: Considering that the misuse of organ and tissue transplantation may lead to acts endangering human life, well being or dignity;

text: Considering that organ and tissue transplantation should take place under conditions protecting the rights and freedoms of donors, potential donors and recipients of organs and tissues and that institutions must be instrumental in ensuring such conditions;

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

text: ETS 186 – Human Rights and Biomedicine (Additional Protocol), 24.I.2002 __________________________________________________________________________________

text: Recognising that, in facilitating the transplantation of organs and tissues in the interest of patients in Europe, there is a need to protect individual rights and freedoms and to prevent the commercialisation of parts of the human body involved in organ and tissue procurement, exchange and allocation activities; Taking into account 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 rights and fundamental freedoms of the individual with regard to organ and tissue transplantation, Have agreed as follows:

text: Chapter I – Object and scope

type: rubrik

text: Parties to this Protocol shall protect the dignity and identity of everyone and guarantee, without discrimination, respect for his or her integrity and other rights and fundamental freedoms with regard to transplantation of organs and tissues of human origin.

text: Article 1 – Object

type: artikel

text: This Protocol applies to the transplantation of organs and tissues of human origin carried out for therapeutic purposes. 2 The provisions of this Protocol applicable to tissues shall apply also to cells, including haematopoietic stem cells. 3 The Protocol does not apply: a to reproductive organs and tissue; b to embryonic or foetal organs and tissues; c to blood and blood derivatives. 4 For the purposes of this Protocol: – the term "transplantation" covers the complete process of removal of an organ or tissue from one person and implantation of that organ or tissue into another person, including all procedures for preparation, preservation and storage; – subject to the provisions of

text: Article 20

text: , the term "removal" refers to removal for the purposes of implantation.

text: Article 2 – Scope and definitions

text: Chapter II – General provisions

text: Parties shall guarantee that a system exists to provide equitable access to transplantation services for patients. Subject to the provisions of Chapter III, organs and, where appropriate, tissues shall be allocated only among patients on an official waiting list, in conformity with transparent, objective and duly justified rules according to medical criteria. The persons or bodies responsible for the allocation decision shall be designated within this framework.

text: In case of international organ exchange arrangements, the procedures must also ensure justified, effective distribution across the participating countries in a manner that takes into account the solidarity principle within each country.

text: The transplantation system shall ensure the collection and recording of the information required to ensure traceability of organs and tissues.

text: Article 3 – Transplantation system

text: Any intervention in the field of organ or tissue transplantation must be carried out in accordance with relevant professional obligations and standards.

text: Article 4 – Professional standards

text: The recipient and, where appropriate, the person or body providing authorisation for the implantation shall beforehand be given appropriate information as to the purpose and nature of the implantation, its consequences and risks, as well as on the alternatives to the intervention.

text: Article 5 – Information for the recipient

text: All professionals involved in organ or tissue transplantation shall take all reasonable measures to minimise the risks of transmission of any disease to the recipient and to avoid any action which might affect the suitability of an organ or tissue for implantation.

text: Article 6 – Health and safety

text: Appropriate medical follow-up shall be offered to living donors and recipients after transplantation.

text: Article 7 – Medical follow-up

text: Parties shall provide information for health professionals and for the public in general on the need for organs and tissues. They shall also provide information on the conditions relating to removal and implantation of organs and tissues, including matters relating to consent or authorisation, in particular with regard to removal from deceased persons.

text: Article 8 – Information for health professionals and the public

text: Chapter III – Organ and tissue removal from living persons

text: Removal of organs or tissue from a living person may be carried out solely for the therapeutic benefit of the recipient and where there is no suitable organ or tissue available from a deceased person and no other alternative therapeutic method of comparable effectiveness.

text: Article 9 – General rule

text: Organ removal from a living donor may be carried out for the benefit of a recipient with whom the donor has a close personal relationship as defined by law, or, in the absence of such relationship, only under the conditions defined by law and with the approval of an appropriate independent body.

text: Article 10 – Potential organ donors

text: Before organ or tissue removal, appropriate medical investigations and interventions shall be carried out to evaluate and reduce physical and psychological risks to the health of the donor.

text: The removal may not be carried out if there is a serious risk to the life or health of the donor.

text: Article 11 – Evaluation of risks for the donor

text: The donor and, where appropriate, the person or body providing authorisation according to

text: Article 14

text: , paragraph 2, of this Protocol, shall beforehand be given appropriate information as to the purpose and nature of the removal as well as on its consequences and risks. They shall also be informed of the rights and the safeguards prescribed by law for the protection of the donor. In particular, they shall be informed of the right to have access to independent advice about such risks by a health professional having appropriate experience and who is not involved in the organ or tissue removal or subsequent transplantation procedures.

text: Article 12 – Information for the donor

text: Subject to

text: Articles 14

text: and 15 of this Protocol, an organ or tissue may be removed from a living donor only after the person concerned has given free, informed and specific consent to it either in written form or before an official body. The person concerned may freely withdraw consent at any time.

text: Article 13 – Consent of the living donor

text: No organ or tissue removal may be carried out on a person who does not have the capacity to consent under

text: Article 13

text: of this Protocol. 2 Exceptionally, and under the protective conditions prescribed by law, the removal of regenerative tissue from a person who does not have the capacity to consent may be authorised provided the following conditions are met: i there is no compatible donor available who has the capacity to consent; ii the recipient is a brother or sister of the donor; iii the donation has the potential to be life-saving for the recipient; iv the authorisation of his or her representative or an authority or a person or body provided for by law has been given specifically and in writing and with the approval of the competent body; v the potential donor concerned does not object.

text: Article 14 – Protection of persons not able to consent to organ or tissue removal

text: The law may provide that the provisions of

text: Article 14

text: , paragraph 2, indents ii and iii, shall not apply to cells insofar as it is established that their removal only implies minimal risk and minimal burden for the donor.

text: Article 15 – Cell removal from a living donor

text: Chapter IV – Organ and tissue removal from deceased persons

text: Organs or tissues shall not be removed from the body of a deceased person unless that person has been certified dead in accordance with the law.

text: The doctors certifying the death of a person shall not be the same doctors who participate directly in removal of organs or tissues from the deceased person, or subsequent transplantation procedures, or having responsibilities for the care of potential organ or tissue recipients.

text: Article 16 – Certification of death

text: Organs or tissues shall not be removed from the body of a deceased person unless consent or authorisation required by law has been obtained. The removal shall not be carried out if the deceased person had objected to it.

text: Article 17 – Consent and authorisation

text: During removal the human body must be treated with respect and all reasonable measures shall be taken to restore the appearance of the corpse.

text: Article 18 – Respect for the human body

text: Parties shall take all appropriate measures to promote the donation of organs and tissues.

text: Article 19 – Promotion of donation

text: Chapter V – Implantation of an organ or tissue removed for a purpose other than donation for implantation

text: When an organ or tissue is removed from a person for a purpose other than donation for implantation, it may only be implanted if the consequences and possible risks have been explained to that person and his/her informed consent, or appropriate authorisation in the case of a person not able to consent, has been obtained . 2 All the provisions of this Protocol apply to the situations referred to in paragraph 1, except for those in Chapter III and IV.

text: Article 20 – Implantation of an organ or tissue removed for a purpose other than donation for implantation

text: Chapter VI – Prohibition of financial gain

text: The human body and its parts shall not, as such, give rise to financial gain or comparable advantage. The aforementioned provision shall not prevent payments which do not constitute a financial gain or a comparable advantage, in particular: – compensation of living donors for loss of earnings and any other justifiable expenses caused by the removal or by the related medical examinations; – payment of a justifiable fee for legitimate medical or related technical services rendered in connection with transplantation; – compensation in case of undue damage resulting from the removal of organs or tissues from living persons. 2 Advertising the need for, or availability of, organs or tissues, with a view to offering or seeking financial gain or comparable advantage, shall be prohibited.

text: Article 21 – Prohibition of financial gain

text: Organ and tissue trafficking shall be prohibited.

text: Article 22 – Prohibition of organ and tissue trafficking

text: Chapter VII – Confidentiality

text: All personal data relating to the person from whom organs or tissues have been removed and those relating to the recipient shall be considered to be confidential. Such data may only be collected, processed and communicated according to the rules relating to professional confidentiality and personal data protection. 2 The provisions of paragraph 1 shall be interpreted without prejudice to the provisions making possible, subject to appropriate safeguards, the collection, processing and communication of the necessary information about the person from whom organs or tissues have been removed or the recipient(s) of organs and tissues in so far as this is required for medical purposes, including traceability, as provided for in

text: Article 3

text: of this Protocol.

text: Article 23 – Confidentiality

text: Chapter VIII – Infringements of the provisions of the Protocol

text: Parties shall provide appropriate judicial protection to prevent or to put a stop to an unlawful infringement of the rights and principles set forth in this Protocol at short notice.

text: Article 24 – Infringements of rights or principles

text: The person who has suffered undue damage resulting from transplantation procedures is entitled to fair compensation according to the conditions and procedures prescribed by law.

text: Article 25 – Compensation for undue damage

text: Parties shall provide for appropriate sanctions to be applied in the event of infringement of the provisions contained in this Protocol.

text: Article 26 – Sanctions

text: Chapter IX – Co-operation between Parties

text: Parties shall take appropriate measures to ensure that there is efficient co-operation between them on organ and tissue transplantation, inter alia through information exchange. In particular, they shall undertake appropriate measures to facilitate the rapid and safe transportation of organs and tissues to and from their territory.

text: Article 27 – Co-operation between Parties

text: Chapter X – Relation between this Protocol and the Convention, and re-examination of the Protocol

text: As between the Parties, the provisions of

text: Articles 1

text: to 27 of this Protocol shall be regarded as additional articles to the Convention on Human Rights and Biomedicine, and all the provisions of that Convention shall apply accordingly.

text: Article 28 – Relation between this Protocol and the Convention

text: In order to monitor scientific developments, the present Protocol shall be examined within the Committee referred to in

text: Article 32

text: 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 29 – Re-examination of the Protocol See also the Addendum to the Explanatory Report

text: Chapter XI – Final clauses

text: This Protocol shall be open for signature by 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 the Secretary General of the Council of Europe.

text: Article 30 – 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 30

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 31 – Entry into force

text: After the entry into force of this Protocol, any State which has acceded to the 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 32 – 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 33 – 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 of:

text: any signature;

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

text: Articles 31

text: and 32;

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 24th day of January 2002, 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 and to the European Community.

text: Article 34 – Notification


identifier: ETS No. 187

openingPlace: Vilnius

reference: ETS No. 187

title: Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances

text: SFS 1994:1219

text: European Treaty Series - No. 187

text: Vilnius, 3.V.2002

text: The member States of the Council of Europe signatory hereto, Convinced that everyone’s right to life is a basic value in a democratic society and that the abolition of the death penalty is essential for the protection of this right and for the full recognition of the inherent dignity of all human beings; Wishing to strengthen the protection of the right to life guaranteed by the

text: signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention"); Noting that Protocol No. 6 to the Convention, concerning the Abolition of the Death Penalty, signed at Strasbourg on 28 April 1983, does not exclude the death penalty in respect of acts committed in time of war or of imminent threat of war; Being resolved to take the final step in order to abolish the death penalty in all circumstances, Have agreed as follows:

text: The death penalty shall be abolished. No one shall be condemned to such penalty or executed.

text: Article 1 – Abolition of the death penalty

text: No derogation from the provisions of this Protocol shall be made under Article 15 of the Convention.

text: Article 2 – Prohibition of derogations

text: No reservation may be made under Article 57 of the Convention in respect of the provisions of this Protocol.

text: Article 3 – Prohibition of reservations

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: ETS 187 – Human Rights (Protocol No. 13), 3.V.2002 __________________________________________________________________________________

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

text: Article 4 – Territorial application

text: As between the States Parties the provisions of

text: Articles 1

text: to 4 of this Protocol shall be regarded as additional articles to the Convention, and all the provisions of the Convention shall apply accordingly.

text: Article 5 – Relationship to the Convention

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

text: Article 6 – Signature and ratification

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

text: Article 6

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

text: Article 7 – Entry into force

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

ordinal: a

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

text: Articles 4

text: and 7; d any other act, notification or communication relating to this Protocol.

type: punkt

text: Done at Vilnius, this 3rd day of May 2002, 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 8 – Depositary functions

type: internationell-overenskommelse


identifier: ETS No. 188

openingPlace: Warsaw

reference: ETS No. 188

title: Additional Protocol to the Anti-Doping Convention

text: European Treaty Series - No. 188

text: Warsaw, 12.IX.2002

text: The States parties to this Protocol to the Anti-Doping Convention (ETS No. 135), signed in Strasbourg on 16 November 1989 (hereinafter referred to as "the Convention"),

text: Considering that a general agreement on the mutual recognition of the anti-doping controls referred to in Articles 4.3.d and 7.3.b of the Convention, would increase the effectiveness of these controls by contributing to the harmonisation, the transparency and the efficiency of existing and future bilateral or multilateral doping agreements reached in this area and by providing the necessary authority for such controls in the absence of any agreement on the matter,

text: Wishing to enhance and reinforce the application of the provisions of the Convention,

text: Have agreed as follows:

text: Bearing in mind the provisions of Articles 3.2, 4.3.d and 7.3.b of the Convention, the Parties shall mutually recognise the competence of sports or national anti-doping organisations to conduct doping controls on their territory, in compliance with the national regulations of the host country, on sportsmen and women coming from other Parties to the Convention. The result of such controls shall be communicated simultaneously to the national anti-doping organisation and national sports federation of the sportsman or sportswoman concerned, to the national anti-doping organisation of the host country, and to the international sports federation.

text: The Parties shall take such measures as are necessary for the conduct of such controls, which may be in addition to those carried out by virtue of a previous bilateral or other specific agreement. In order to ensure compliance with internationally recognised standards, the sports or national anti-doping organisations shall be certified to the ISO quality standards for doping control recognised by the Monitoring Group, set up by virtue of Article 10 of the Convention.

text: The Parties shall similarly recognise the competence of the World Anti-Doping Agency (WADA) and of other doping control organisations operating under its authority to conduct out-of-competition controls on their sportsmen and women, whether on their territory or elsewhere. The results of these tests shall be communicated to the national anti-doping organisation of the sportsmen and women concerned. Any such controls shall be carried out, in agreement with the sports organisations referred to in Article 4.3.c of the Convention, in accordance with regulations in force and with the provisions of national law of the host country.

text: ETS 188 – Anti-Doping Convention (Additional Protocol), 12.IX.2002 __________________________________________________________________________________

text: Article 1 – Mutual recognition of doping controls

text: The Monitoring Group set up in accordance with Article 10 of the Convention shall supervise the application and implementation of the Convention in respect of each of the Parties thereto. This supervision shall be carried out by an evaluation team whose members shall be appointed for the purpose by the Monitoring Group. Members of the evaluation team shall be chosen on the basis of their recognised competence in the anti-doping field.

text: The evaluation team shall examine national reports submitted beforehand by the Parties concerned and shall conduct visits on the spot where necessary. On the basis of its observations on the implementation of the Convention, it shall submit to the Monitoring Group an evaluation report containing its conclusions and possible recommendations. The evaluation reports shall be public. The Party concerned has the right to make observations on the conclusions of the evaluation team, which shall form part of the report.

text: The national reports shall be prepared and the evaluation visits carried out according to a schedule adopted by the Monitoring Group, in consultation with the Parties concerned. The Parties shall authorise the visit of the evaluation team and undertake to encourage the national bodies concerned to co-operate fully with it.

text: The operating procedures for the evaluations (including an agreed scheme for the evaluation of the implementation of the Convention), visits and follow-up shall be specified in rules adopted by the Monitoring Group.

text: Article 2 – Reinforcing the application of the Convention

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

text: Article 3 – Reservations

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

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 the member States of the Council of Europe and the other States signatories or Parties to the Convention, which may express their consent to be bound by:

text: A Signatory to the Convention may not sign this Protocol without reservation as to ratification, acceptance or approval, nor deposit an instrument or ratification, acceptance or approval, unless it has previously or simultaneously expressed its consent to be bound by the Convention.

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

text: Article 4 – Expression of consent to be bound

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 party to the Convention have expressed their consent to be bound by it in accordance with the provisions of

text: Article 4

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

text: Article 5 – Entry into force

text: After the opening for signature of this Protocol, any State which will accede to the Convention may also accede to this Protocol.

text: Accession shall be effected by the deposit of an instrument of accession with the Secretary General of the Council of Europe, 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 6 – Accession

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

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

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

text: Article 7 – Territorial application

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 8 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the other States signatories or Parties to the Convention and any State which has been invited to accede to it of:

text: 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 its

text: Articles 5

text: , 6 and 7; d any denunciation; 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.

text: Done at Warsaw, this 12th day of September 2002, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the other States signatories or Parties to the Convention, and to any State invited to accede to the Convention.

text: Article 9 – Notifications