identifier: ETS No. 171

reference: ETS No. 171

title: Protocol amending the European Convention on Transfrontier Television

text: European Treaty Series - No. 171

text: Protocol amending the European Convention on Transfrontier Television

text: Strasbourg, 1.X.1998

text: The member States of the Council of Europe and the other Parties to the European Convention on Transfrontier Television, opened for signature in Strasbourg on 5 May 1989 (hereinafter referred to as "the Convention"),

text: Welcoming the fact that the enlargement of the membership of the Council of Europe since 1989 has led to the development and implementation at the pan-European level of the legal framework provided for under the Convention;

text: Considering the major technological and economic developments in the field of television broadcasting as well as the appearance of new communications services in Europe since the adoption of the Convention in 1989;

text: Noting that these developments call for a revision of the provisions of the Convention;

text: Bearing in mind, in this regard, the adoption by the European Community of Directive 97/36/EC of the European Parliament and of the Council of 19 June 1997 amending Council Directive 89/552/EEC on the co-ordination of certain provisions laid down by law, regulation or administrative action in member states concerning the pursuit of television broadcasting activities;

text: Considering the urgent need to amend certain provisions of the Convention in order to develop a coherent approach to transfrontier television between this instrument and the directive, as underlined in the Declaration on Media in a Democratic Society adopted by the ministers of the States participating in the 4th European Ministerial Conference on Mass Media Policy (Prague, 7-8 December 1994) and in the political Declaration of the 5th European Ministerial Conference (Thessaloniki, 11-12 December 1997);

text: Wishing to further develop the principles embodied in the Council of Europe recommendations on the drawing up of strategies to combat smoking, alcohol and drug dependence in co-operation with opinion-makers and the media, on the right to short reporting on major events where exclusive rights for their television broadcast have been acquired in a transfrontier context and on the portrayal of violence in the electronic media, which have been adopted within the framework of the Council of Europe since the Convention was adopted,

text: Have agreed as follows:

text: _____ (*) Since its entry into force on 1 March 2002, this Protocol forms an integral part of the Convention (ETS No. 132). 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 Communities shall be read as the European Union.

text: ETS 171 – Transfrontier Television, 1.X.1998 __________________________________________________________________________________

text: The word "juridiction" in

text: Article 8

text: , paragraph 1, and in

text: Article 16

text: , paragraph 2a, in the French text, shall be replaced by the word "compétence".

text: Article 1

text: The word "advertisements" in

text: Article 15

text: , paragraphs 3 and 4, in the English text, shall be replaced by the word "advertising".

text: Article 2

text: The definition of "Broadcaster" in

text: Article 2

text: , paragraph c, shall be worded as follows: "c "Broadcaster" means the natural or legal person who has editorial responsibility for the composition of television programme services for reception by the general public and transmits them or has them transmitted, complete and unchanged, by a third party;"

text: Article 3

text: The definition of "Advertisement" in

text: Article 2

text: , paragraph f, shall be worded as follows: "f "Advertising" means any public announcement in return for payment or similar consideration or for self-promotional purposes, which is intended to promote the sale, purchase or rental of a product or service, to advance a cause or idea, or to bring about some other effect desired by the advertiser or the broadcaster itself;"

text: Article 4

text: A new paragraph g reading as follows shall be inserted in

text: Article 2

text: : "g "Tele-shopping" means direct offers broadcast to the public with a view to the supply of goods or services, including immovable property, rights and obligations in return for payment;"

text: Article 5

text: Article 2

text: , paragraph g, shall be renumbered to

text: Article 2

text: , paragraph h, and shall have the folllowing wording: "Sponsorship" means the participation of a natural or legal person, who is not engaged in broadcasting activities or in the production of audiovisual works, in the direct or indirect financing of a programme with a view to promoting the name, trademark, images or activities of that person."

text: Article 6

text: The following text shall replace

text: Article 5

text: Article 5

text: – Duties of the transmitting Parties 1 Each transmitting Party shall ensure that all programme services transmitted by a broadcaster within its jurisdiction comply with the terms of this Convention. 2 For the purposes of this Convention, a broadcaster within the jurisdiction of a Party is:

text: – a broadcaster who is deemed to be established in that Party according to paragraph 3;

text: – a broadcaster to whom paragraph 4 applies.

text: the broadcaster has its head office in that Party and the decisions on programme schedules are taken in that Party;

text: if a broadcaster has its head office in one Party but decisions on programme schedules are taken in another Party, it shall be deemed to be established in the Party where a significant part of the workforce involved in the pursuit of the television broadcasting activity operates; if a significant part of the workforce involved in the pursuit of the television broadcasting activity operates in each of those Parties, the broadcaster shall be deemed to be established in the Party where it has its head office; if a significant part of the workforce involved in the pursuit of the television broadcasting activity operates in neither of those Parties, the broadcaster shall be deemed to be established in the Party where it first began broadcasting in accordance with the system of law of that Party, provided that it maintain a stable and effective link with the economy of that Party;

text: if a broadcaster has its head office in a Party but decisions on programme schedules are taken in a State which is not Party to this Convention, or vice-versa, it shall be deemed to be established in the Party concerned, provided that a significant part of the workforce involved in the pursuit of the television broadcasting activity operates in that Party;

text: if, when applying the criteria of paragraph 3 of

text: Article 2

text: of Directive 97/36/EC of the European Parliament and of the Council of 19 June 1997 amending Council Directive 89/552/EEC on the co-ordination of certain provisions laid down by law, regulation or administrative action in member States concerning the pursuit of television broadcasting activities, a broadcaster is deemed to be established in a member State of the European Community, that broadcaster shall also be deemed to be established in that State for the purposes of this Convention.

text: For the purposes of this Convention, a broadcaster shall be deemed to be established in a Party, hereinafter referred to as the "transmitting Party", in the following cases:

text: it uses a frequency granted by that Party;

text: although it does not use a frequency granted by a Party it does use a satellite capacity appertaining to that Party;

text: although it uses neither a frequency granted by a Party nor a satellite capacity appertaining to a Party it does use a satellite up-link situated in that Party.

text: A broadcaster to whom the provisions of paragraph 3 is not applicable is deemed to be within the jurisdiction of a Party, so-called transmitting Party, in the following cases:

text: If the transmitting Party cannot be determined according to paragraph 4, the Standing Committee shall consider this issue according to

text: Article 21

text: , paragraph 1, indent a, of this Convention, in order to determine this Party.

text: This Convention shall not apply to television broadcasts intended exclusively for reception in States which are not Party to this Convention, and which are not received directly or indirectly by the public in one or more Parties."

text: Article 7

text: Article 8

text: shall have the following wording:

text: Article 8

text: – Right of reply

text: Each transmitting Party shall ensure that every natural or legal person, regardless of nationality or place of residence, shall have the opportunity to exercise a right of reply or to seek other comparable legal or administrative remedies relating to programmes transmitted by a broadcaster within its jurisdiction, within the meaning of

text: Article 5

text: . In particular, it shall ensure that timing and other arrangements for the exercise of the right of reply are such that this right can be effectively exercised. The effective exercise of this right or other comparable legal or administrative remedies shall be ensured both as regards the timing and the modalities.

text: For this purpose, the name of the programme service or of the broadcaster responsible for this programme service shall be identified in the programme service itself, at regular intervals by appropriate means."

text: Article 8

text: The following text shall replace

text: Article 9

text: Article 9

text: – Access of the public to information

text: Each Party shall examine and, where necessary, take legal measures such as introducing the right to short reporting on events of high interest for the public to avoid the right of the public to information being undermined due to the exercise by a broadcaster within its jurisdiction of exclusive rights for the transmission or retransmission, within the meaning of

text: Article 3

text: , of such an event."

text: Article 9

text: A new Article 9bis, worded as follows, shall be inserted:

text: "Article 9bis – Access of the public to events of major importance

text: Each Party retains the right to take measures to ensure that a broadcaster within its jurisdiction does not broadcast on an exclusive basis events which are regarded by that Party as being of major importance for society in such a way as to deprive a substantial proportion of the public in that Party of the possibility of following such events by live coverage or deferred coverage on free television. If it does so, the Party concerned may have recourse to the drafting of a list of designated events which it considers to be of major importance for society.

text: the Party implementing the measures referred to in paragraph 1 shall draw up a list of national or non-national events which are considered by that Party as being of major importance for society;

text: the Party shall do so in a clear and transparent manner in due and effective time;

text: the Party shall determine whether these events shall be available via whole or partial live coverage, or where necessary or appropriate for objective reasons in the public interest, whole or partial deferred coverage;

text: the measures taken by the Party drawing up the list shall be proportionate and as detailed as necessary to enable other Parties to take measures referred to in this paragraph;

text: the Party drawing up the list shall notify the list and the corresponding measures to the Standing Committee, the time limit for which shall be fixed by the Standing Committee;

text: the measures taken by the Party drawing up the list shall be within the limitations of the guidelines of the Standing Committee referred to in paragraph 3 and the Standing Committee must have given a positive opinion on the measures.

text: Parties shall ensure by appropriate means, respecting the legal guarantees granted by the

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

text: as well as, where appropriate, the national constitution, that a broadcaster within their jurisdiction does not exercise the exclusive rights purchased by that broadcaster following the date of entry into force of the Protocol amending the European Convention on Transfrontier Television in such a way that a substantial proportion of the public in another Party is deprived of the possibility of following events which are designated by that other Party, via whole or partial live coverage, or where necessary or appropriate for objective reasons in the public interest, whole or partial deferred coverage on free television as determined by that other Party under paragraph 1, respecting the following requirements:

text: Measures based on this paragraph shall apply only to those events published by the Standing Committee in the annual list referred to in paragraph 3 and to those exclusive rights purchased after the entry into force of this amending Protocol.

text: publish a consolidated list of the enlisted events and corresponding measures notified by Parties in accordance with paragraph 2e;

text: draw up guidelines to be adopted by a majority of three quarters of the members in addition to the requirements listed up in paragraph 2 a to e in order to avoid differences between the implementation of this Article and that of corresponding European Community provisions."

text: Once a year the Standing Committee shall:

text: Article 10

text: Paragraph 1 of

text: Article 10

text: shall have the following wording:

text: "1 Each transmitting Party shall ensure, where practicable and by appropriate means, that a broadcaster within its jurisdiction reserves for European works a majority proportion of its transmission time, excluding the time appointed to news, sports events, games, advertising, teletext services and tele-shopping. This proportion, having regard to the broadcaster's informational, educational, cultural and entertainment responsibilities to its viewing public, should be achieved progressively, on the basis of suitable criteria."

text: Article 11

text: Paragraph 4 of

text: Article 10

text: shall have the following wording:

text: "4 The Parties shall ensure that a broadcaster within their jurisdiction does not broadcast cinematographic works outside periods agreed with the rights holders."

text: Article 12

text: A new Article 10bis reading as follows shall be inserted: "Article 10bis – Media pluralism The Parties, in the spirit of co-operation and mutual assistance which underlies this Convention, shall endeavour to avoid that programme services transmitted or retransmitted by a broadcaster or any other legal or natural persons within their jurisdiction, within the meaning of

text: Article 3

text: , endanger media pluralism."

text: Article 13

text: The heading of Chapter III shall read as follows: "Advertising and tele-shopping"

text: Article 14

text: Article 11

text: shall have the following wording: "1 Advertising and tele-shopping shall be fair and honest. 2 Advertising and tele-shopping shall not be misleading and shall not prejudice the interests of consumers. 3 Advertising and tele-shopping addressed to or using children shall avoid anything likely to harm their interests and shall have regard to their special susceptibilities. 4 Tele-shopping shall not exhort minors to contract for the sale or rental of goods and services. 5 The advertiser shall not exercise any editorial influence over the content of programmes."

text: Article 15

text: Article 12

text: shall have the following wording: "

text: Article 12

text: – Duration 1 The proportion of tele-shopping spots, advertising spots and other forms of advertising, with the exception of tele-shopping windows within the meaning of paragraph 3, shall not exceed 20% of the daily transmission time. The transmission time for advertising spots shall not exceed 15% of the daily transmission time. 2 The proportion of advertising spots and tele-shopping spots within a given clock hour shall not exceed 20%. 3 Windows devoted to tele-shopping programmes broadcast within programme services which are not exclusively devoted to tele-shopping shall be of a minimum uninterrupted duration of 15 minutes. The maximum number of windows per day shall be eight. Their overall duration shall not exceed three hours per day. They must be clearly identified by optical and acoustic means. 4 For the purposes of this article, advertising shall not include:

text: – announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from those programmes;

text: – announcements in the public interest and charity appeals broadcast free of charge."

text: Article 16

text: Article 13

text: shall have the following wording:

text: Article 13

text: – Form and presentation

text: Advertising and tele-shopping shall be clearly distinguishable as such and recognisably separate from the other items of the programme service by optical and/or acoustic means. In principle, advertising and tele-shopping spots shall be transmitted in blocks.

text: Advertising and tele-shopping shall not use subliminal techniques.

text: Surreptitious advertising and tele-shopping shall not be allowed, in particular the presentation of products or services in programmes when it serves advertising purposes.

text: Advertising and tele-shopping shall not feature, visually or orally, persons regularly presenting news and current affairs programmes."

text: Article 17

text: The following text shall replace

text: Article 14

text: Article 14

text: – Insertion of advertising and tele-shopping

text: Advertising and tele-shopping shall be inserted between programmes. Provided the conditions contained in paragraphs 2 to 5 of this article are fulfilled, advertising and teleshopping spots may also be inserted during programmes in such a way that the integrity and value of the programme and the rights of the rights holders are not prejudiced.

text: In programmes consisting of autonomous parts, or in sports programmes and similarly structured events and performances containing intervals, advertising and tele-shopping spots shall only be inserted between the parts or in the intervals.

text: The transmission of audiovisual works such as feature films and films made for television (excluding series, serials, light entertainment programmes and documentaries), provided their scheduled duration is more than forty-five minutes, may be interrupted once for each complete period of forty-five minutes. A further interruption is allowed if their scheduled duration is at least twenty minutes longer than two or more complete periods of forty-five minutes.

text: Where programmes, other than those covered by paragraph 2, are interrupted by advertising or tele-shopping spots, a period of at least twenty minutes should elapse between each successive advertising or tele-shopping break within the programme.

text: Advertising and tele-shopping shall not be inserted in any broadcast of a religious service. News and current affairs programmes, documentaries, religious programmes, and children's programmes, when their scheduled duration is less than thirty minutes, shall not be interrupted by advertising or tele-shopping. If their scheduled duration is thirty minutes or longer, the provisions of the previous paragraphs shall apply."

text: Article 18

text: The heading of

text: Article 15

text: and paragraphs 1 to 2a, of this article shall have the following wording: "

text: Article 15

text: – Advertising and tele-shopping of particular products 1 Advertising and tele-shopping for tobacco products shall not be allowed. 2 Advertising and tele-shopping for alcoholic beverages of all varieties shall comply with the following rules: a they shall not be addressed particularly to minors and no one associated with the consumption of alcoholic beverages in advertising or tele-shopping should seem to be a minor;"

text: Article 19

text: In the French text,

text: Article 15

text: , paragraph 2, sub-paragraphs b to e, shall be worded as follows: "b ils ne doivent pas associer la consommation de l'alcool à des performances physiques ou à la conduite automobile; c ils ne doivent pas suggérer que les boissons alcoolisées sont dotées de propriétés thérapeutiques ou qu'elles ont un effet stimulant, sédatif, ou qu'elles peuvent résoudre des problèmes personnels; d ils ne doivent pas encourager la consommation immodérée de boissons alcoolisées ou donner une image négative de l'abstinence ou de la sobriété; e ils ne doivent pas souligner indûment la teneur en alcool des boissons."

text: Article 20

text: A new paragraph 5 reading as follows shall be inserted in

text: Article 15

text: : "5 Tele-shopping for medicines and medical treatment shall not be allowed."

text: Article 21

text: Article 16

text: will have the following wording: "

text: Article 16

text: – Advertising and tele-shopping directed specifically at a single Party 1 In order to avoid distortions in competition and endangering the television system of a Party, advertising and tele-shopping which are specifically and with some frequency directed to audiences in a single Party other than the transmitting Party shall not circumvent the television advertising and tele-shopping rules in that particular Party. 2 The provisions of the preceding paragraph shall not apply where: a the rules concerned establish a discrimination between advertising and teleshopping transmitted by a broadcaster within the jurisdiction of that Party and advertising and tele-shopping transmitted by a broadcaster or any other legal or natural person within the jurisdiction of another Party ; or

text: the Parties concerned have concluded bilateral or multilateral agreements in this area."

text: Article 22

text: Paragraph 1 of

text: Article 18

text: shall read as follows: "1 Programmes may not be sponsored by natural or legal persons whose principal activity is the manufacture or sale of products, or the provision of services, the advertising and tele-shopping of which are prohibited by virtue of

text: Article 15

text: Article 23

text: A new paragraph 2 reading as follows shall be inserted in

text: Article 18

text: : "2 Companies whose activity includes, inter alia, the manufacture or sale of medicines and medical treatments may sponsor programmes by promoting the name, trademark, image or activities of the company, to the exclusion of any reference to medicines or specific medical treatment available only on medical prescription in the transmitting Party."

text: Article 24

text: Paragraph 2 of

text: Article 18

text: shall be renumbered to paragraph 3.

text: Article 25

text: A new Chapter IVbis reading as follows shall be inserted: "Chapter IVbis – Programme services devoted exclusively to self-promotion or tele-

text: shopping

text: Article 18bis – Programme services devoted exclusively to self-promotion

text: The provisions of this Convention shall apply mutatis mutandis to programme services devoted exclusively to self-promotion. 2 Other forms of advertising shall be allowed on such services within the limits established by

text: Article 12

text: , paragraphs 1 and 2.

text: Article 18ter – Programme services devoted exclusively to tele-shopping

text: The provisions of this Convention shall apply mutatis mutandis to programme services devoted exclusively to tele-shopping. 2 Advertising shall be allowed on such services within the limits established in

text: Article 12

text: , paragraph .,

text: Article 12

text: , paragraph 2, shall not apply."

text: Article 26

text: The last sentence of paragraph 4 of

text: Article 20

text: shall be deleted and paragraph 7 of

text: Article 20

text: shall have the following wording: "7 Subject to the provisions of Article 9bis, paragraph 3b, and

text: Article 23

text: , paragraph 3, the decisions of the Standing Committee shall be taken by a majority of three-quarters of the members present."

text: Article 27

text: Article 21

text: shall be supplemented as follows:

text: "f give opinions on abuse of rights under Article 24bis, paragraph 2c.

text: draw up the guidelines referred to in Article 9bis, paragraph 3b, in order to avoid differences between the implementation of the provisions of this Convention concerning access of the public to events of major importance for society and that of corresponding European Community provisions;

text: give an opinion on the measures taken by Parties which have drawn up a list of national or non-national events which are considered by those Parties as being of major importance for society in accordance with Article 9bis, paragraph 2;

text: publish once a year a consolidated list of the enlisted events and corresponding measures notified by Parties in accordance with Article 9bis, paragraph 2e."

text: In addition, the Standing Committee shall:

text: Article 28

text: Two new paragraphs 5 and 6, reading as follows, shall be inserted in

text: Article 23

text: "5 However, the Committee of Ministers may, after consulting the Standing Committee, decide that a particular amendment shall enter into force following the expiry of a period of two years after the date on which it has been opened to acceptance, unless a Party has notified the Secretary General of the Council of Europe of an objection to its entry into force. Should such an objection be notified, the amendment shall enter into force on the first day of the month following the date on which the Party to the Convention which has notified the objection has deposited its instrument of acceptance with the Secretary General of the Council of Europe.

text: If an amendment has been approved by the Committee of Ministers, but has not yet entered into force in accordance with paragraphs 4 or 5, a State or the European Community may not express their consent to be bound by the Convention without accepting at the same time the amendment."

text: Article 29

text: A new Article 24bis, reading as follows, shall be inserted:

text: "Article 24bis – Alleged abuses of rights conferred by this Convention

text: When the programme service of a broadcaster is wholly or principally directed at the territory of a Party other than that which has jurisdiction over the broadcaster (the "receiving Party"), and the broadcaster has established itself with a view to evading the laws in the areas covered by the Convention which would have applied to it had it fallen within the jurisdiction of that other Party, this shall constitute an abuse of rights.

text: the Parties concerned shall endeavour to achieve a friendly settlement;

text: if they fail to do so within three months, the receiving Party shall refer the matter to the Standing Committee;

text: having heard the views of the Parties concerned, the Standing Committee shall, within six months of the date on which the matter was referred to it, give an opinion on whether an abuse of rights has been committed and shall inform the Parties concerned accordingly.

text: Where such an abuse is alleged by a Party, the following procedure shall apply:

text: If the Standing Committee has concluded that an abuse of rights has occurred, the Party whose jurisdiction the broadcaster is deemed to be within shall take appropriate measures to remedy the abuse of rights and shall inform the Standing Committee of those measures.

text: If the Party whose jurisdiction the broadcaster is deemed to be within has failed to take the measures specified in paragraph 3 within six months, the arbitration procedure set out in

text: Article 26

text: , paragraph 2, and the appendix of the Convention shall be pursued by the Parties concerned.

text: A receiving Party shall not take any measures against the programme service concerned until the arbitration procedure has been completed.

text: Any measures proposed or taken under this article shall comply with

text: Article 10

text: of the

text: Article 30

text: Article 28

text: shall have the following wording:

text: Article 28

text: – Relations between the Convention and the internal law of the Parties

text: Nothing in this Convention shall prevent the Parties from applying stricter or more detailed rules than those provided for in this Convention to programme services transmitted by a broadcaster deemed to be within their jurisdiction, within the meaning of

text: Article 5

text: Article 31

text: Paragraph 1 of

text: Article 32

text: shall have the following wording:

text: "1 At the time of signature or when depositing its instrument of ratification, acceptance, approval or accession any State may declare that it reserves the right to restrict the retransmission on its territory, solely to the extent that it does not comply with its domestic legislation, of programme services containing advertising for alcoholic beverages according to the rules provided for in

text: Article 15

text: , paragraph 2, of this Convention.

text: No other reservation may be made."

text: Article 32

text: In

text: Article 20

text: , paragraph 2,

text: Article 23

text: , paragraph 2,

text: Article 27

text: , paragraph 1,

text: Article 29

text: , paragraphs 1 and 4,

text: Article 34

text: and in the closing formula, the words "European Economic Community" are replaced by "European Community".

text: Article 33

text: This Protocol shall be open for acceptance by the Parties to the Convention. No reservation may be made.

text: Article 34

text: This Protocol shall enter into force on the first day of the month following the date on which the last of the Parties to the Convention has deposited its instrument of acceptance with the Secretary General of the Council of Europe.

text: However, this Protocol shall enter into force following the expiry of a period of two years after the date on which it has been opened to acceptance, unless a Party to the Convention has notified the Secretary General of the Council of Europe of an objection to its entry into force. The right to make an objection shall be reserved to those States or the European Community which expressed their consent to be bound by the Convention prior to the expiry of a period of three months after the opening for acceptance of this Protocol.

text: Should such an objection be notified, the Protocol shall enter into force on the first day of the month following the date on which the Party to the Convention which has notified the objection has deposited its instrument of acceptance with the Secretary General of the Council of Europe.

text: A Party to the Convention may, at any time, declare that it will apply the Protocol on a provisional basis.

text: Article 35

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the other Parties to the Convention and the European Community of:

text: the deposit of any instrument of acceptance;

text: any declaration of provisional application of this Protocol in accordance with

text: Article 35

text: , paragraph 4;

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

text: Article 35

text: , paragraphs 1 to 3;

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

text: Done at Strasbourg, the 9th day of September 1998, in English and French, and opened for acceptance the 1st day of October 1998. Both texts are equally authentic and shall be deposited in a single copy 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 Parties to the Convention and to the European Community.

text: Article 36


doctype: treaty

identifier: ETS No. 172

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: ETS No. 172

title: Convention on the Protection of the Environment through Criminal Law

text: European Treaty Series - No. 172

type: stycke

text: Convention on the Protection of the Environment through Criminal Law

text: Strasbourg, 4.XI.1998

text: Preamble

text: The member States of the Council of Europe and the other States signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Convinced of the need to pursue a common criminal policy aimed at the protection of the environment; Considering that unregulated industrial development may give rise to a degree of pollution which poses risks to the environment; Considering that the life and health of human beings, the environmental media and fauna and flora must be protected by all possible means; Considering that the uncontrolled use of technology and the excessive exploitation of natural resources entail serious environmental hazards which must be overcome by appropriate and concerted measures; Recognising that, whilst the prevention of the impairment of the environment must be achieved primarily through other measures, criminal law has an important part to play in protecting the environment; Recalling that environmental violations having serious consequences must be established as criminal offences subject to appropriate sanctions; Wishing to take effective measures to ensure that the perpetrators of such acts do not escape prosecution and punishment and desirous of fostering international co-operation to this end; Convinced that imposing criminal or administrative sanctions on legal persons can play an effective role in the prevention of environmental violations and noting the growing international trend in this regard; Mindful of the existing international conventions which already contain provisions aiming at the protection of the environment through criminal law; Having regard to the conclusions of the 7th and 17th Conferences of European Ministers of Justice held in Basle in 1972 and in Istanbul in 1990, and to Recommendation 1192 (1992) of the Parliamentary Assembly, Have agreed as follows:

text: ETS 172 – Protection of Environment through Criminal Law, 4.XI.1998 __________________________________________________________________________________

text: Section I – Use of terms

type: rubrik

text: For the purposes of this Convention: a "unlawful" means infringing a law, an administrative regulation or a decision taken by a competent authority, aiming at the protection of the environment; b "water" means all kinds of groundwater and surface water including the water of lakes, rivers, oceans and seas.

text: Article 1 – Definitions

type: artikel

text: Section II – Measures to be taken at national level

text: Each Party shall adopt such appropriate measures as may be necessary to establish as criminal offences under its domestic law: a the discharge, emission or introduction of a quantity of substances or ionising radiation into air, soil or water which: i causes death or serious injury to any person, or ii creates a significant risk of causing death or serious injury to any person; b the unlawful discharge, emission or introduction of a quantity of substances or ionising radiation into air, soil or water which causes or is likely to cause their lasting deterioration or death or serious injury to any person or substantial damage to protected monuments, other protected objects, property, animals or plants; c the unlawful disposal, treatment, storage, transport, export or import of hazardous waste which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, soil, water, animals or plants; d the unlawful operation of a plant in which a dangerous activity is carried out and which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, soil, water, animals or plants; e the unlawful manufacture, treatment, storage, use, transport, export or import of nuclear materials or other hazardous radioactive substances which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, soil, water, animals or plants, when committed intentionally. 2 Each Party shall adopt such appropriate measures as may be necessary to establish as criminal offences under its domestic law aiding or abetting the commission of any of the offences established in accordance with paragraph 1 of this article.

text: Article 2 – Intentional offences

text: Each Party shall adopt such appropriate measures as may be necessary to establish as criminal offences under its domestic law, when committed with negligence, the offences enumerated in

text: Article 2

text: , paragraph 1 a to e.

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that paragraph 1 of this article, in part or in whole, shall only apply to offences which were committed with gross negligence.

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that paragraph 1 of this article, in part or in whole, shall not apply to:

text: – subparagraph 1 a ii of

text: Article 2

text: – subparagraph 1 b of

text: Article 2

text: , insofar as the offence relates to protect monuments, to other protected objects or to property.

text: Article 3 – Negligent offences

text: Insofar as these are not covered by the provisions of

text: Articles 2

text: and 3, each Party shall adopt such appropriate measures as may be necessary to establish as criminal offences or administrative offences, liable to sanctions or other measures under its domestic law, when committed intentionally or with negligence:

ordinal: a

text: the unlawful discharge, emission or introduction of a quantity of substances or ionising radiation into air, soil or water;

type: punkt

ordinal: b

text: the unlawful causing of noise;

ordinal: c

text: the unlawful disposal, treatment, storage, transport, export or import of waste;

ordinal: d

text: the unlawful operation of a plant;

ordinal: e

text: the unlawful manufacture, treatment, use, transport, export or import of nuclear materials, other radioactive substances or hazardous chemicals;

ordinal: f

text: the unlawful causing of changes detrimental to natural components of a national park, nature reserve, water conservation area or other protected areas;

ordinal: g

text: the unlawful possession, taking, damaging, killing or trading of or in protected wild flora and fauna species.

text: Article 4 – Other criminal offences or administrative offences

text: in its territory; or

text: on board a ship or an aircraft registered in it or flying its flag; or

text: by one of its nationals if the offence is punishable under criminal law where it was committed or if the place where it was committed does not fall under any territorial jurisdiction.

text: Each Party shall adopt such appropriate measures as may be necessary to establish jurisdiction over a criminal offence established in accordance with this Convention when the offence is committed:

text: Each Party shall adopt such appropriate measures as may be necessary to establish jurisdiction over a criminal offence established in accordance with this Convention, in cases where an alleged offender is present in its territory and it does not extradite him to another Party 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: Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that paragraphs 1 c and 2 of this article, in part or in whole, shall not apply.

text: Article 5 – Jurisdiction

text: Each Party shall adopt, in accordance with the relevant international instruments, such appropriate measures as may be necessary to enable it to make the offences established in accordance with

text: Articles 2

text: and 3 punishable by criminal sanctions which take into account the serious nature of these offences. The sanctions available shall include imprisonment and pecuniary sanctions and may include reinstatement of the environment.

text: Article 6 – Sanctions for environmental offences

text: Each Party shall adopt such appropriate measures as may be necessary to enable it to confiscate instrumentalities and proceeds, or property the value of which corresponds to such proceeds, in respect of offences enumerated in

text: Articles 2

text: and 3.

text: Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it will not apply paragraph 1 of this article either in respect of offences specified in such declaration or in respect of certain categories of instrumentalities or of proceeds, or property the value of which corresponds to such proceeds.

text: Article 7 – Confiscation measures

text: Each Party may, at any time, in a declaration addressed to the Secretary General of the Council of Europe, declare that it will provide for reinstatement of the environment according to the following provisions of this article:

text: the competent authority may order the reinstatement of the environment in relation to an offence established in accordance with this Convention. Such an order may be made subject to certain conditions;

text: where an order for the reinstatement of the environment has not been complied with, the competent authority may, in accordance with domestic law, make it executable at the expense of the person subject to the order or that person may be liable to other criminal sanctions instead of or in addition to it.

text: Article 8 – Reinstatement of the environment

text: Each Party shall adopt such appropriate measures as may be necessary to enable it to impose criminal or administrative sanctions or measures on legal persons on whose behalf an offence referred to in

text: Articles 2

text: or 3 has been committed by their organs or by members thereof or by another representative.

text: Corporate liability under paragraph 1 of this article shall not exclude criminal proceedings against a natural person.

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply paragraph 1 of this article or any part thereof or that it applies only to offences specified in such declaration.

text: Article 9 – Corporate liability

text: by informing the latter authorities, on their own initiative, where there are reasonable grounds to believe that an offence under

text: Article 2

text: has been committed;

text: by providing, upon request, all necessary information to the latter authorities, in accordance with domestic law.

text: Each Party shall adopt such appropriate measures as may be necessary to ensure that the authorities responsible for environmental protection co-operate with the authorities responsible for investigating and prosecuting criminal offences:

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply paragraph 1 a of this article or that it applies only to offences specified in such declaration.

text: Article 10 – Co-operation between authorities

text: Each Party may, at any time, in a declaration addressed to the Secretary General of the Council of Europe, declare that it will, in accordance with domestic law, grant any group, foundation or association which, according to its statutes, aims at the protection of the environment, the right to participate in criminal proceedings concerning offences established in accordance with this Convention.

text: Article 11 – Rights for groups to participate in proceedings

text: Section III – Measures to be taken at international level

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

text: The Parties may afford each other assistance in investigations and proceedings relating to those acts defined in

text: Article 4

text: of this Convention which are not covered by paragraph 1 of this article.

text: Article 12 – International co-operation

text: Section IV – Final clauses

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

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

text: This Convention shall be open for signature by the member States of the Council of Europe and non-member States which have participated in its elaboration. Such States may express their consent to be bound by:

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

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

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

text: Article 13 – Signature and entry into force

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the Contracting States to the Convention, may invite any State not a member of the Council of Europe to accede to this Convention, by a decision taken by the majority provided for in

text: Article 20

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

text: In respect of any acceding State, 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 14 – 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 such declaration by the Secretary General.

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

text: Article 15 – Territorial application

text: This Convention does not affect the rights and undertakings derived from international multilateral conventions concerning special matters.

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

text: If two or more Parties have already concluded an agreement or treaty in respect of a subject which is dealt with in this Convention or otherwise have established their relations in respect of that subject, they shall be entitled to apply that agreement or treaty or to regulate those relations accordingly, in lieu of the present Convention, if it facilitates international cooperation.

text: Article 16 – Relationship with other conventions and agreements

text: 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 one or more of the reservations provided for in

text: Article 3

text: , paragraphs 2 and 3,

text: Article 5

text: , paragraph 4,

text: Article 7

text: , paragraph 2,

text: Article 9

text: , paragraph 3 and

text: Article 10

text: , paragraph 2. No other reservation may be made.

text: Any State which has made a reservation under the preceding paragraph may wholly or partly withdraw it by means of a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect on the date of receipt of such notification by the Secretary General.

text: A Party which has made a reservation in respect of a provision of this Convention may not claim the application of that provision by any other Party; it may, however, if its reservation is partial or conditional, claim the application of that provision in so far as it has itself accepted it.

text: Article 17 – 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 and to every non-member State which has acceded to or has been invited to accede to this Convention in accordance with the provisions of

text: Article 14

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

text: The Committee of Ministers shall consider the proposed amendment and the opinion submitted by the European Committee on Crime Problems and 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 18 – Amendments

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

text: In case of a dispute between Parties as to the interpretation or application of this Convention, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to the European Committee on Crime Problems, 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 19 – Settlement of disputes

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

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

text: Article 20 – Denunciation

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

text: Articles 13

text: and 14; d any reservation made under

text: Article 17

text: , paragraph 1; e any proposal for amendment made under

text: Article 18

text: , paragraph 1; f any other act, notification or communication relating to this Convention.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Strasbourg, the 4th day of November 1998, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State invited to accede to it.

text: Article 21 – Notifications


identifier: ETS No. 173

reference: ETS No. 173

title: Criminal Law Convention on Corruption

text: European Treaty Series - No. 173

text: Criminal Law Convention on Corruption

text: Strasbourg, 27.I.1999

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 signatories 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 corruption, including the adoption of appropriate legislation and preventive measures;

text: Emphasising that corruption threatens the rule of law, democracy and human rights, undermines good governance, fairness and social justice, distorts competition, hinders economic development and endangers the stability of democratic institutions and the moral foundations of society;

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

text: Welcoming recent developments which further advance international understanding and cooperation in combating corruption, including actions of the United Nations, the World Bank, the International Monetary Fund, the World Trade Organisation, the Organisation of American States, the OECD and the European Union;

text: Having regard to the Programme of Action against Corruption adopted by the Committee of Ministers of the Council of Europe in November 1996 following the recommendations of the 19th Conference of European Ministers of Justice (Valletta, 1994);

text: Recalling in this respect the importance of the participation of non-member States in the Council of Europe’s activities against corruption and welcoming their valuable contribution to the implementation of the Programme of Action against Corruption;

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 173 – Criminal Law Convention on Corruption, 27.I.1999 __________________________________________________________________________________

text: Further recalling that Resolution No. 1 adopted by the European Ministers of Justice at their 21st Conference (Prague, 1997) recommended the speedy implementation of the Programme of Action against Corruption, and called, in particular, for the early adoption of a criminal law convention providing for the co-ordinated incrimination of corruption offences, enhanced cooperation for the prosecution of such offences as well as an effective follow-up mechanism open to member States and non-member States on an equal footing;

text: Bearing in mind that the Heads of State and Government of the Council of Europe decided, on the occasion of their Second Summit held in Strasbourg on 10 and 11 October 1997, to seek common responses to the challenges posed by the growth in corruption and adopted an Action Plan which, in order to promote co-operation in the fight against corruption, including its links with organised crime and money laundering, instructed the Committee of Ministers, inter alia, to secure the rapid completion of international legal instruments pursuant to the Programme of Action against Corruption;

text: Considering moreover that Resolution (97) 24 on the 20 Guiding Principles for the Fight against Corruption, adopted on 6 November 1997 by the Committee of Ministers at its 101st Session, stresses the need rapidly to complete the elaboration of international legal instruments pursuant to the Programme of Action against Corruption;

text: In view of the adoption by the Committee of Ministers, at its 102nd Session on 4 May 1998, of Resolution (98) 7 authorising the partial and enlarged agreement establishing the "Group of States against Corruption – GRECO", which aims at improving the capacity of its members to fight corruption by following up compliance with their undertakings in this field,

text: Have agreed as follows:

text: Chapter I – Use of terms

text: For the purposes of this Convention:

text: "public official" shall be understood by reference to the definition of "official", "public officer", "mayor", "minister" or "judge" in the national law of the State in which the person in question performs that function and as applied in its criminal law;

text: the term "judge" referred to in sub-paragraph a above shall include prosecutors and holders of judicial offices;

text: in the case of proceedings involving a public official of another State, the prosecuting State may apply the definition of public official only insofar as that definition is compatible with its national law;

text: "legal person" shall mean any entity having such status under the applicable national law, except for States or other public bodies in the exercise of State authority and for public international organisations.

text: Article 1 – Use of terms

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

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 promising, offering or giving by any person, directly or indirectly, of any undue advantage to any of its public officials, for himself or herself or for anyone else, for him or her to act or refrain from acting in the exercise of his or her functions.

text: Article 2 – Active bribery of domestic public officials

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 request or receipt by any of its public officials, directly or indirectly, of any undue advantage, for himself or herself or for anyone else, or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in the exercise of his or her functions.

text: Article 3 – Passive bribery of domestic public officials

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the conduct referred to in

text: Articles 2

text: and 3, when involving any person who is a member of any domestic public assembly exercising legislative or administrative powers.

text: Article 4 – Bribery of members of domestic public assemblies

text: Articles 2

text: and 3, when involving a public official of any other State.

text: Article 5 – Bribery of foreign public officials

text: Articles 2

text: and 3, when involving any person who is a member of any public assembly exercising legislative or administrative powers in any other State.

text: Article 6 – Bribery of members of foreign public assemblies

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 in the course of business activity, the promising, offering or giving, directly or indirectly, of any undue advantage to any persons who direct or work for, in any capacity, private sector entities, for themselves or for anyone else, for them to act, or refrain from acting, in breach of their duties.

text: Article 7 – Active bribery in the private sector

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, in the course of business activity, the request or receipt, directly or indirectly, by any persons who direct or work for, in any capacity, private sector entities, of any undue advantage or the promise thereof for themselves or for anyone else, or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in breach of their duties.

text: Article 8 – Passive bribery in the private sector

text: Articles 2

text: and 3, when involving any official or other contracted employee, within the meaning of the staff regulations, of any public international or supranational organisation or body of which the Party is a member, and any person, whether seconded or not, carrying out functions corresponding to those performed by such officials or agents.

text: Article 9 – Bribery of officials of international organisations

text: Article 4

text: when involving any members of parliamentary assemblies of international or supranational organisations of which the Party is a member.

text: Article 10 – Bribery of members of international parliamentary assemblies

text: Articles 2

text: and 3 involving any holders of judicial office or officials of any international court whose jurisdiction is accepted by the Party.

text: Article 11 – Bribery of judges and officials of international courts

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 promising, giving or offering, directly or indirectly, of any undue advantage to anyone who asserts or confirms that he or she is able to exert an improper influence over the decision-making of any person referred to in

text: Articles 2

text: , 4 to 6 and 9 to 11 in consideration thereof, whether the undue advantage is for himself or herself or for anyone else, as well as the request, receipt or the acceptance of the offer or the promise of such an advantage, in consideration of that influence, whether or not the influence is exerted or whether or not the supposed influence leads to the intended result.

text: Article 12 – Trading in influence

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law the conduct referred to in the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Products from Crime (ETS No. 141),

text: Article 6

text: , paragraphs 1 and 2, under the conditions referred to therein, when the predicate offence consists of any of the criminal offences established in accordance with

text: Articles 2

text: to 12 of this Convention, to the extent that the Party has not made a reservation or a declaration with respect to these offences or does not consider such offences as serious ones for the purpose of their money laundering legislation.

text: Article 13 – Money laundering of proceeds from corruption offences

text: Each Party shall adopt such legislative and other measures as may be necessary to establish as offences liable to criminal or other sanctions under its domestic law the following acts or omissions, when committed intentionally, in order to commit, conceal or disguise the offences referred to in

text: Articles 2

text: to 12, to the extent the Party has not made a reservation or a declaration:

text: creating or using an invoice or any other accounting document or record containing false or incomplete information;

text: unlawfully omitting to make a record of a payment.

text: Article 14 – Account offences

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

text: Article 15 – Participatory acts

text: The provisions of this Convention shall be without prejudice to the provisions of any Treaty, Protocol or Statute, as well as their implementing texts, as regards the withdrawal of immunity.

text: Article 16 – Immunity

text: the offence is committed in whole or in part in its territory;

text: the offender is one of its nationals, one of its public officials, or a member of one of its domestic public assemblies;

text: the offence involves one of its public officials or members of its domestic public assemblies or any person referred to in

text: Articles 9

text: to 11 who is at the same time one of its nationals.

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

text: Articles 2

text: to 14 of this Convention where:

text: Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply or to apply only in specific cases or conditions the jurisdiction rules laid down in paragraphs 1 b and c of this article or any part thereof.

text: If a Party has made use of the reservation possibility provided for in paragraph 2 of this article, it shall adopt such measures as may be necessary to establish jurisdiction over a criminal offence established in accordance with this Convention, in cases where an alleged offender is present in its territory and it does not extradite him to another Party, solely on the basis of his nationality, after a request for extradition.

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

text: Article 17 – Jurisdiction

text: Each Party shall adopt such legislative and other measures as may be necessary to ensure that legal persons can be held liable for the criminal offences of active bribery, trading in influence and money laundering 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 the legal person, based on:

text: – a power of representation of the legal person; or

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

text: – an authority to exercise control within the legal person;

text: as well as for involvement of such a natural person as accessory or instigator in the abovementioned offences.

text: Apart from the cases already provided for in paragraph 1, each Party shall take the necessary measures 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 the criminal offences mentioned in paragraph 1 for the benefit of that legal person by a natural person under its authority.

text: Liability of a legal person under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, instigators of, or accessories to, the criminal offences mentioned in paragraph 1.

text: Article 18 – Corporate liability

text: Having regard to the serious nature of the criminal offences established in accordance with this Convention, each Party shall provide, in respect of those criminal offences established in accordance with

text: Articles 2

text: to 14, effective, proportionate and dissuasive sanctions and measures, including, when committed by natural persons, penalties involving deprivation of liberty which can give rise to extradition.

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

text: Article 18

text: , paragraphs 1 and 2, shall be subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.

text: Each Party shall adopt such legislative and other measures as may be necessary to enable it to confiscate or otherwise deprive the instrumentalities and proceeds of criminal offences established in accordance with this Convention, or property the value of which corresponds to such proceeds.

text: Article 19 – Sanctions and measures

text: Each Party shall adopt such measures as may be necessary to ensure that persons or entities are specialised in the fight against corruption. They shall have the necessary independence in accordance with the fundamental principles of the legal system of the Party, in order for them to be able to carry out their functions effectively and free from any undue pressure. The Party shall ensure that the staff of such entities has adequate training and financial resources for their tasks.

text: Article 20 – Specialised authorities

text: Each Party shall adopt such measures as may be necessary to ensure that public authorities, as well as any public official, co-operate, in accordance with national law, with those of its authorities responsible for investigating and prosecuting criminal offences:

text: by informing the latter authorities, on their own initiative, where there are reasonable grounds to believe that any of the criminal offences established in accordance with

text: Articles 2

text: to 14 has been committed, or

text: by providing, upon request, to the latter authorities all necessary information.

text: Article 21 – Co-operation with and between national authorities

text: Each Party shall adopt such measures as may be necessary to provide effective and appropriate protection for:

text: those who report the criminal offences established in accordance with

text: Articles 2

text: to 14 or otherwise co-operate with the investigating or prosecuting authorities;

text: witnesses who give testimony concerning these offences.

text: Article 22 – Protection of collaborators of justice and witnesses

text: Each Party shall adopt such legislative and other measures as may be necessary, including those permitting the use of special investigative techniques, in accordance with national law, to enable it to facilitate the gathering of evidence related to criminal offences established in accordance with

text: Article 2

text: to 14 of this Convention and to identify, trace, freeze and seize instrumentalities and proceeds of corruption, or property the value of which corresponds to such proceeds, liable to measures set out in accordance with paragraph 3 of

text: Article 19

text: of this Convention.

text: Each Party shall adopt such legislative and other measures as may be necessary to empower its courts or other competent authorities to order that bank, financial or commercial records be made available or be seized in order to carry out the actions referred to in paragraph 1 of this article.

text: Bank secrecy shall not be an obstacle to measures provided for in paragraphs 1 and 2 of this article.

text: Article 23 – Measures to facilitate the gathering of evidence and the confiscation of proceeds

text: Chapter III – Monitoring of implementation

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

text: Article 24 – Monitoring

text: Chapter IV – International co-operation

text: The Parties shall co-operate with each other, in accordance with the provisions of relevant international instruments on international co-operation in criminal matters, or arrangements agreed on the basis of uniform or reciprocal legislation, and in accordance with their national law, to the widest extent possible for the purposes of investigations and proceedings concerning criminal offences established in accordance with this Convention.

text: Where no international instrument or arrangement referred to in paragraph 1 is in force between Parties,

text: Articles 26

text: to 31 of this chapter shall apply.

text: Articles 26

text: to 31 of this chapter shall also apply where they are more favourable than those of the international instruments or arrangements referred to in paragraph 1.

text: Article 25 – General principles and measures for international co-operation

text: The Parties shall afford one another the widest measure of mutual assistance by promptly processing requests from authorities that, in conformity with their domestic laws, have the power to investigate or prosecute criminal offences established in accordance with this Convention.

text: Mutual legal assistance under paragraph 1 of this article may be refused if the requested Party believes that compliance with the request would undermine its fundamental interests, national sovereignty, national security or ordre public.

text: Parties shall not invoke bank secrecy as a ground to refuse any co-operation under this chapter. Where its domestic law so requires, a Party may require that a request for cooperation which would involve the lifting of bank secrecy be authorised by either a judge or another judicial authority, including public prosecutors, any of these authorities acting in relation to criminal offences.

text: Article 26 – Mutual assistance

text: The criminal offences established in accordance with this Convention 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 established in accordance with this Convention.

text: Parties that do not make extradition conditional on the existence of a treaty shall recognise criminal offences established in accordance with this Convention 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 established in accordance with this Convention 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 to its competent authorities for the purpose of prosecution unless otherwise agreed with the requesting Party, and shall report the final outcome to the requesting Party in due course.

text: Article 27 – Extradition

text: Without prejudice to its own investigations or proceedings, a Party may without prior request forward to another Party information on facts 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 by that Party under this chapter.

text: Article 28 – Spontaneous information

text: The Parties shall designate a central authority or, if appropriate, several central authorities, which shall be responsible for sending and answering requests made under this chapter, the execution of such requests or the transmission of them to the authorities competent for their execution.

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 paragraph 1 of this article.

text: Article 29 – Central authority

text: The central authorities shall communicate directly with one another.

text: In the event of urgency, requests for mutual assistance or communications related thereto may be sent directly by the judicial authorities, including public prosecutors, of the requesting Party to such authorities of the requested Party. In 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: Any request or communication under paragraphs 1 and 2 of this article may be made through the International Criminal Police Organisation (Interpol).

text: Where a request is made pursuant to paragraph 2 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 under paragraph 2 of this article, which 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 State 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 chapter are to be addressed to its central authority.

text: Article 30 – Direct communication

text: The requested Party shall promptly inform the requesting Party of the action taken on a request under this chapter and the final result of that action. The requested Party shall also promptly inform the requesting Party of any circumstances which render impossible the carrying out of the action sought or are likely to delay it significantly.

text: Article 31 – Information

text: Chapter V – Final provisions

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

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

text: This Convention shall be open for signature by the member States of the Council of Europe and by non-member States which have participated in its elaboration. Such States may express their consent to be bound by:

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

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

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

text: Article 32 – Signature and entry into force

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the Contracting States to the Convention, may invite the European Community as well as any State not a member of the Council and not having participated in its elaboration to accede to this Convention, by a decision taken by the majority provided for in Article 20d 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 the European Community and any State acceding to it 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. The European Community and any State acceding to this Convention shall automatically become a member of GRECO, if it is not already a member at the time of accession, on the date the Convention enters into force in its respect.

text: Article 33 – 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 Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

text: Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General 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 34 – Territorial application

text: This Convention does not affect the rights and undertakings derived from international multilateral conventions concerning special matters.

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

text: If two or more Parties have already concluded an agreement or treaty in respect of a subject which is dealt with in this Convention or otherwise have established their relations in respect of that subject, they shall be entitled to apply that agreement or treaty or to regulate those relations accordingly, in lieu of the present Convention, if it facilitates international cooperation.

text: Article 35 – Relationship to other conventions and agreements

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it will establish as criminal offences the active and passive bribery of foreign public officials under

text: Article 5

text: , of officials of international organisations under

text: Article 9

text: or of judges and officials of international courts under

text: Article 11

text: , only to the extent that the public official or judge acts or refrains from acting in breach of his duties.

text: Article 36 – Declarations

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, reserve its right not to establish as a criminal offence under its domestic law, in part or in whole, the conduct referred to in

text: Articles 4

text: , 6 to 8, 10 and 12 or the passive bribery offences defined in

text: Article 5

text: 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 provided for in

text: Article 17

text: , paragraph 2.

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession declare that it may refuse mutual legal assistance under

text: Article 26

text: , paragraph 1, if the request concerns an offence which the requested Party considers a political offence.

text: No State may, by application of paragraphs 1, 2 and 3 of this article, enter reservations to more than five of the provisions mentioned thereon. No other reservation may be made. Reservations of the same nature with respect to

text: Articles 4

text: , 6 and 10 shall be considered as one reservation.

text: Article 37 – Reservations

text: Declarations referred to in

text: Article 36

text: and reservations referred to in

text: Article 37

text: shall be valid for a period of three years from the day of the entry into force of this Convention in respect of the State concerned. However, such declarations and reservations may be renewed for periods of the same duration.

text: Twelve months before the date of expiry of the declaration or reservation, the Secretariat General of the Council of Europe shall give notice of that expiry to the State concerned. No later than three months before the expiry, the State shall notify the Secretary General that it is upholding, amending or withdrawing its declaration or reservation. In the absence of a notification by the State concerned, the Secretariat General shall inform that State that its declaration or reservation is considered to have been extended automatically for a period of six months. Failure by the State concerned to notify its intention to uphold or modify its declaration or reservation before the expiry of that period shall cause the declaration or reservation to lapse.

text: If a Party makes a declaration or a reservation in conformity with

text: Articles 36

text: and 37, it shall provide, before its renewal or upon request, an explanation to GRECO, on the grounds justifying its continuance.

text: Article 38 – Validity and review of declarations and 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 and to every non-member State which has acceded to, or has been invited to accede to, this Convention in accordance with the provisions of

text: Article 33

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 of the non-member States Parties to this Convention, may adopt the amendment.

text: Article 39 – Amendments

text: Article 40 – Settlement of disputes

text: Article 41 – Denunciation

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

text: Articles 32

text: and 33; d any declaration or reservation made under

text: Article 36

text: or

text: Article 37

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

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

text: Done at Strasbourg, this 27th day of January 1999, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, and to any State invited to accede to it.

text: Article 42 – Notification

title: Criminal Law Convention on Corruption