identifier: ETS No. 155

reference: ETS No. 155

title: Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, restructuring the control machinery established thereby

text: European Treaty Series - No. 155

text: Protocol No. 11 to the

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

text: , restructuring the control machinery established

text: thereby

text: Strasbourg, 11.V.1994

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

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

text: , signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention"),

text: Considering the urgent need to restructure the control machinery established by the Convention in order to maintain and improve the efficiency of its protection of human rights and fundamental freedoms, mainly in view of the increase in the number of applications and the growing membership of the Council of Europe;

text: Considering that it is therefore desirable to amend certain provisions of the Convention with a view, in particular, to replacing the existing European Commission and Court of Human Rights with a new permanent Court;

text: Having regard to Resolution No. 1 adopted at the European Ministerial Conference on Human Rights, held in Vienna on 19 and 20 March 1985;

text: Having regard to Recommendation 1194 (1992), adopted by the Parliamentary Assembly of the Council of Europe on 6 October 1992;

text: Having regard to the decision taken on reform of the Convention control machinery by the Heads of State and Government of the Council of Europe member States in the Vienna Declaration on 9 October 1993,

text: Have agreed as follows:

text: The existing text of Sections II to IV of the Convention (

text: Articles 19

text: to 56) and Protocol No. 2 conferring upon the European Court of Human Rights competence to give advisory opinions shall be replaced by the following Section II of the Convention (

text: Articles 19

text: to 51):

text: _____ (*) Since its entry into force on 1 November 1998, this Protocol forms an integral part of the Convention (ETS No. 5).

text: ETS 155 – Human Rights (Protocol No. 11), 11.V.1994 __________________________________________________________________________________

text: "Section II – European Court of Human Rights

text: Article 1

text: To ensure the observance of the engagements undertaken by the High Contracting Parties in the Convention and the protocols thereto, there shall be set up a European Court of Human Rights, hereinafter referred to as "the Court". It shall function on a permanent basis.

text: Article 19 – Establishment of the Court

text: The Court shall consist of a number of judges equal to that of the High Contracting Parties.

text: Article 20 – Number of judges

text: The judges shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognised competence.

text: The judges shall sit on the Court in their individual capacity.

text: During their term of office the judges shall not engage in any activity which is incompatible with their independence, impartiality or with the demands of a full-time office; all questions arising from the application of this paragraph shall be decided by the Court.

text: Article 21 – Criteria for office

text: The judges shall be elected by the Parliamentary Assembly with respect to each High Contracting Party by a majority of votes cast from a list of three candidates nominated by the High Contracting Party.

text: The same procedure shall be followed to complete the Court in the event of the accession of new High Contracting Parties and in filling casual vacancies.

text: Article 22 – Election of judges

text: The judges shall be elected for a period of six years. They may be re-elected. However, the terms of office of one-half of the judges elected at the first election shall expire at the end of three years.

text: The judges whose terms of office are to expire at the end of the initial period of three years shall be chosen by lot by the Secretary General of the Council of Europe immediately after their election.

text: In order to ensure that, as far as possible, the terms of office of one-half of the judges are renewed every three years, the Parliamentary Assembly may decide, before proceeding to any subsequent election, that the term or terms of office of one or more judges to be elected shall be for a period other than six years but not more than nine and not less than three years.

text: In cases where more than one term of office is involved and where the Parliamentary Assembly applies the preceding paragraph, the allocation of the terms of office shall be effected by a drawing of lots by the Secretary General of the Council of Europe immediately after the election. 5 A judge elected to replace a judge whose term of office has not expired shall hold office for the remainder of his predecessor’s term. 6 The terms of office of judges shall expire when they reach the age of 70. 7 The judges shall hold office until replaced. They shall, however, continue to deal with such cases as they already have under consideration.

text: Article 23 – Terms of office

text: No judge may be dismissed from his office unless the other judges decide by a majority of two-thirds that he has ceased to fulfil the required conditions.

text: Article 24 – Dismissal

text: The Court shall have a registry, the functions and organisation of which shall be laid down in the rules of the Court. The Court shall be assisted by legal secretaries.

text: Article 25 – Registry and legal secretaries

text: The plenary Court shall: a elect its President and one or two Vice-Presidents for a period of three years; they may be re-elected; b set up Chambers, constituted for a fixed period of time; c elect the Presidents of the Chambers of the Court; they may be re-elected; d adopt the rules of the Court; and e elect the Registrar and one or more Deputy Registrars.

text: Article 26 – Plenary Court

text: To consider cases brought before it, the Court shall sit in committees of three judges, in Chambers of seven judges and in a Grand Chamber of seventeen judges. The Court’s Chambers shall set up committees for a fixed period of time. 2 There shall sit as an ex officio member of the Chamber and the Grand Chamber the judge elected in respect of the State Party concerned or, if there is none or if he is unable to sit, a person of its choice who shall sit in the capacity of judge. 3 The Grand Chamber shall also include the President of the Court, the Vice-Presidents, the Presidents of the Chambers and other judges chosen in accordance with the rules of the Court. When a case is referred to the Grand Chamber under

text: Article 43

text: , no judge from the Chamber which rendered the judgment shall sit in the Grand Chamber, with the exception of the President of the Chamber and the judge who sat in respect of the State Party concerned.

text: Article 27 – Committees, Chambers and Grand Chamber

text: A committee may, by a unanimous vote, declare inadmissible or strike out of its list of cases an individual application submitted under

text: Article 34

text: where such a decision can be taken without further examination. The decision shall be final.

text: Article 28 – Declarations of inadmissibility by committees

text: If no decision is taken under

text: Article 28

text: , a Chamber shall decide on the admissibility and merits of individual applications submitted under

text: Article 34

text: . 2 A Chamber shall decide on the admissibility and merits of inter-State applications submitted under

text: Article 33

text: . 3 The decision on admissibility shall be taken separately unless the Court, in exceptional cases, decides otherwise.

text: Article 29 – Decisions by Chambers on admissibility and merits

text: Where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the protocols thereto, or where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court, the Chamber may, at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber, unless one of the parties to the case objects.

text: Article 30 – Relinquishment of jurisdiction to the Grand Chamber

text: The Grand Chamber shall: a determine applications submitted either under

text: Article 33

text: or

text: Article 34

text: when a Chamber has relinquished jurisdiction under

text: Article 30

text: or when the case has been referred to it under

text: Article 43

text: ; and b consider requests for advisory opinions submitted under

text: Article 47

text: Article 31 – Powers of the Grand Chamber

text: The jurisdiction of the Court shall extend to all matters concerning the interpretation and application of the Convention and the protocols thereto which are referred to it as provided in

text: Articles 33

text: , 34 and 47. 2 In the event of dispute as to whether the Court has jurisdiction, the Court shall decide.

text: Article 32 – Jurisdiction of the Court

text: Any High Contracting Party may refer to the Court any alleged breach of the provisions of the Convention and the protocols thereto by another High Contracting Party.

text: Article 33 – Inter-State cases

text: The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.

text: Article 34 – Individual applications

text: The Court may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognised rules of international law, and within a period of six months from the date on which the final decision was taken. 2 The Court shall not deal with any individual application submitted under

text: Article 34

text: that: a is anonymous; or b is substantially the same as a matter that has already been examined by the Court or has already been submitted to another procedure of international investigation or settlement and contains no relevant new information. 3 The Court shall declare inadmissible any individual application submitted under

text: Article 34

text: which it considers incompatible with the provisions of the Convention or the protocols thereto, manifestly ill-founded, or an abuse of the right of application. 4 The Court shall reject any application which it considers inadmissible under this Article. It may do so at any stage of the proceedings.

text: Article 35 – Admissibility criteria

text: In all cases before a Chamber or the Grand Chamber, a High Contracting Party one of whose nationals is an applicant shall have the right to submit written comments and to take part in hearings. 2 The President of the Court may, in the interest of the proper administration of justice, invite any High Contracting Party which is not a party to the proceedings or any person concerned who is not the applicant to submit written comments or take part in hearings.

text: Article 36 – Third-party intervention

text: The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that: a the applicant does not intend to pursue his application; or b the matter has been resolved; or c for any other reason established by the Court, it is no longer justified to continue the examination of the application. However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the protocols thereto so requires. 2 The Court may decide to restore an application to its list of cases if it considers that the circumstances justify such a course.

text: Article 37 – Striking out applications

text: place itself at the disposal of the parties concerned with a view to securing a friendly settlement of the matter on the basis of respect for human rights as defined in the Convention and the protocols thereto. 2 Proceedings conducted under paragraph 1.b shall be confidential.

text: If the Court declares the application admissible, it shall: a pursue the examination of the case, together with the representatives of the parties, and if need be, undertake an investigation, for the effective conduct of which the States concerned shall furnish all necessary facilities;

text: Article 38 – Examination of the case and friendly settlement proceedings

text: If a friendly settlement is effected, the Court shall strike the case out of its list by means of a decision which shall be confined to a brief statement of the facts and of the solution reached.

text: Article 39 – Finding of a friendly settlement

text: Hearings shall be public unless the Court in exceptional circumstances decides otherwise. 2 Documents deposited with the Registrar shall be accessible to the public unless the President of the Court decides otherwise.

text: Article 40 – Public hearings and access to documents

text: If the Court finds that there has been a violation of the Convention or the protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.

text: Article 41 – Just satisfaction

text: Judgments of Chambers shall become final in accordance with the provisions of

text: Article 44

text: , paragraph 2.

text: Article 42 – Judgments of Chambers

text: Within a period of three months from the date of the judgment of the Chamber, any party to the case may, in exceptional cases, request that the case be referred to the Grand Chamber. 2 A panel of five judges of the Grand Chamber shall accept the request if the case raises a serious question affecting the interpretation or application of the Convention or the protocols thereto, or a serious issue of general importance. 3 If the panel accepts the request, the Grand Chamber shall decide the case by means of a judgment.

text: Article 43 – Referral to the Grand Chamber

ordinal: c

text: when the panel of the Grand Chamber rejects the request to refer under

text: Article 43

text: . 3 The final judgment shall be published.

text: The judgment of the Grand Chamber shall be final. 2 The judgment of a Chamber shall become final: a when the parties declare that they will not request that the case be referred to the Grand Chamber; or b three months after the date of the judgment, if reference of the case to the Grand Chamber has not been requested; or

text: Article 44 – Final judgments

text: Reasons shall be given for judgments as well as for decisions declaring applications admissible or inadmissible. 2 If a judgment does not represent, in whole or in part, the unanimous opinion of the judges, any judge shall be entitled to deliver a separate opinion.

text: Article 45 – Reasons for judgments and decisions

text: The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties. 2 The final judgment of the Court shall be transmitted to the Committee of Ministers, which shall supervise its execution.

text: Article 46 – Binding force and execution of judgments

text: The Court may, at the request of the Committee of Ministers, give advisory opinions on legal questions concerning the interpretation of the Convention and the protocols thereto. 2 Such opinions shall not deal with any question relating to the content or scope of the rights or freedoms defined in Section I of the Convention and the protocols thereto, or with any other question which the Court or the Committee of Ministers might have to consider in consequence of any such proceedings as could be instituted in accordance with the Convention. 3 Decisions of the Committee of Ministers to request an advisory opinion of the Court shall require a majority vote of the representatives entitled to sit on the Committee.

text: Article 47 – Advisory opinions

text: The Court shall decide whether a request for an advisory opinion submitted by the Committee of Ministers is within its competence as defined in

text: Article 47

text: Article 48 – Advisory jurisdiction of the Court

text: Reasons shall be given for advisory opinions of the Court. 2 If the advisory opinion does not represent, in whole or in part, the unanimous opinion of the judges, any judge shall be entitled to deliver a separate opinion. 3 Advisory opinions of the Court shall be communicated to the Committee of Ministers.

text: Article 49 – Reasons for advisory opinions

text: The expenditure on the Court shall be borne by the Council of Europe.

text: Article 50 – Expenditure on the Court

text: The judges shall be entitled, during the exercise of their functions, to the privileges and immunities provided for in

text: Article 40

text: of the Statute of the Council of Europe and in the agreements made thereunder."

text: Article 51 – Privileges and immunities of judges

text: Section V of the Convention shall become Section III of the Convention; Article 57 of the Convention shall become Article 52 of the Convention; Articles 58 and 59 of the Convention shall be deleted, and Articles 60 to 66 of the Convention shall become Articles 53 to 59 of the Convention respectively.

text: Section I of the Convention shall be entitled "Rights and freedoms" and new Section III of the Convention shall be entitled "Miscellaneous provisions".

text: Articles 1

text: to 18 and new Articles 52 to 59 of the Convention shall be provided with headings, as listed in the appendix to this Protocol.

text: In new Article 56, in paragraph 1, the words ", subject to paragraph 4 of this Article," shall be inserted after the word "shall"; in paragraph 4, the words "Commission to receive petitions" and "in accordance with

text: Article 25

text: of the present Convention" shall be replaced by the words "Court to receive applications" and "as provided in

text: Article 34

text: of the Convention" respectively. In new Article 58, paragraph 4, the words "Article 63" shall be replaced by the words "Article 56".

text: The Protocol to the Convention shall be amended as follows:

text: the Articles shall be provided with the headings listed in the appendix to the present Protocol; and

text: in

text: Article 4

text: , last sentence, the words "of Article 63" shall be replaced by the words "of Article 56".

text: the Articles shall be provided with the headings listed in the appendix to the present Protocol;

text: in

text: Article 5

text: , paragraph 3, the words "of Article 63" shall be replaced by the words "of Article 56"; a new paragraph 5 shall be added, which shall read:

text: paragraph 2 of

text: Article 6

text: shall be deleted.

text: Protocol No. 4 shall be amended as follows:

text: "Any State which has made a declaration in accordance with paragraph 1 or 2 of this Article may at any time thereafter declare on behalf of one or more of the territories to which the declaration relates that it accepts the competence of the Court to receive applications from individuals, non-governmental organisations or groups of individuals as provided in

text: Article 34

text: of the Convention in respect of all or any of

text: Articles 1

text: to 4 of this Protocol."; and

text: in

text: Article 4

text: the words "under Article 64" shall be replaced by the words "under Article 57".

text: Protocol No. 6 shall be amended as follows:

text: in

text: Article 6

text: , paragraph 4, the words "of Article 63" shall be replaced by the words "of Article 56"; a new paragraph 6 shall be added, which shall read:

text: paragraph 2 of

text: Article 7

text: shall be deleted.

text: Protocol No. 7 shall be amended as follows:

text: Article 34

text: of the Convention in respect of

text: Articles 1

text: to 5 of this Protocol."; and

text: Protocol No. 9 shall be repealed.

text: Article 2

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

text: Article 3

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

text: Article 3

text: . The election of new judges may take place, and any further necessary steps may be taken to establish the new Court, in accordance with the provisions of this Protocol from the date on which all Parties to the Convention have expressed their consent to be bound by the Protocol.

text: Article 4

text: Without prejudice to the provisions in paragraphs 3 and 4 below, the terms of office of the judges, members of the Commission, Registrar and Deputy Registrar shall expire at the date of entry into force of this Protocol.

text: Applications pending before the Commission which have not been declared admissible at the date of the entry into force of this Protocol shall be examined by the Court in accordance with the provisions of this Protocol.

text: Applications which have been declared admissible at the date of entry into force of this Protocol shall continue to be dealt with by members of the Commission within a period of one year thereafter. Any applications the examination of which has not been completed within the aforesaid period shall be transmitted to the Court which shall examine them as admissible cases in accordance with the provisions of this Protocol.

text: With respect to applications in which the Commission, after the entry into force of this Protocol, has adopted a report in accordance with former

text: Article 31

text: of the Convention, the report shall be transmitted to the parties, who shall not be at liberty to publish it. In accordance with the provisions applicable prior to the entry into force of this Protocol, a case may be referred to the Court. The panel of the Grand Chamber shall determine whether one of the Chambers or the Grand Chamber shall decide the case. If the case is decided by a Chamber, the decision of the Chamber shall be final. Cases not referred to the Court shall be dealt with by the Committee of Ministers acting in accordance with the provisions of former

text: Article 32

text: of the Convention.

text: Cases pending before the Court which have not been decided at the date of entry into force of this Protocol shall be transmitted to the Grand Chamber of the Court, which shall examine them in accordance with the provisions of this Protocol.

text: Cases pending before the Committee of Ministers which have not been decided under former

text: Article 32

text: of the Convention at the date of entry into force of this Protocol shall be completed by the Committee of Ministers acting in accordance with that Article.

text: Article 5

text: Where a High Contracting Party had made a declaration recognising the competence of the Commission or the jurisdiction of the Court under former

text: Article 25

text: or 46 of the Convention with respect to matters arising after or based on facts occurring subsequent to any such declaration, this limitation shall remain valid for the jurisdiction of the Court under this Protocol.

text: Article 6

text: any signature;

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

text: the date of entry into force of this Protocol or of any of its provisions in accordance with

text: Article 4

text: ; and

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

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

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

text: Done at Strasbourg, this 11th day of May 1994, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.

text: Article 7


doctype: treaty

identifier: ETS No. 156

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: ETS No. 156

title: Agreement on Illicit Traffic by Sea, implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

text: European Treaty Series - No. 156

type: stycke

text: Agreement on Illicit Traffic by Sea, implementing

text: Article 17

text: of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

text: Strasbourg, 31.I.1995

text: The member States of the Council of Europe, having expressed their consent to be bound by the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December 1988, hereinafter referred to as "The Vienna Convention",

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

text: Convinced of the need to pursue a common criminal policy aimed at the protection of society;

text: Considering that the fight against serious crime, which has become an increasingly international problem, calls for close co-operation on an international scale;

text: Desiring to increase their co-operation to the fullest possible extent in the suppression of illicit traffic in narcotic drugs and psychotropic substances by sea, in conformity with the international law of the sea and in full respect of the principle of right of freedom of navigation;

text: Considering, therefore, that

text: Article 17

text: of the Vienna Convention should be supplemented by a regional agreement to carry out, and to enhance the effectiveness of the provisions of that article,

text: Have agreed as follows:

text: Chapter I – Definitions

type: rubrik

text: For the purposes of this Agreement:

ordinal: a

text: "Intervening State" means a State Party which has requested or proposes to request authorisation from another Party to take action under this Agreement in relation to a vessel flying the flag or displaying the marks of registry of that other State Party;

type: punkt

ordinal: b

text: "Preferential jurisdiction" means, in relation to a flag State having concurrent jurisdiction over a relevant offence with another State, the right to exercise its jurisdiction on a priority basis, to the exclusion of the exercise of the other State's jurisdiction over the offence;

text: "Relevant offence" means any offence of the kind described in

text: Article 3

text: , paragraph 1, of the Vienna Convention;

text: ETS 156 – Illicit Traffic by Sea, 31.I.1995 __________________________________________________________________________________

ordinal: d

text: "Vessel" means a ship or any other floating craft of any description, including hovercraft and submersible craft.

text: Article 1 – Definitions

type: artikel

text: Chapter II – International co-operation

text: Section 1 – General provisions

text: The Parties shall co-operate to the fullest extent possible to suppress illicit traffic in narcotic drugs and psychotropic substances by sea, in conformity with the international law of the sea.

text: In the implementation of this Agreement the Parties shall endeavour to ensure that their actions maximise the effectiveness of law enforcement measures against illicit traffic in narcotic drugs and psychotropic substances by sea.

text: Any action taken in pursuance of this Agreement shall take due account of the need not to interfere with or affect the rights and obligations of and the exercise of jurisdiction by coastal States, in accordance with the international law of the sea.

text: Nothing in this Agreement shall be so construed as to infringe the principle of non bis in idem, as applied in national law.

text: The Parties recognise the value of gathering and exchanging information concerning vessels, cargo and facts, whenever they consider that such exchange of information could assist a Party in the suppression of illicit traffic in narcotic drugs and psychotropic substances by sea.

text: Nothing in this Agreement affects the immunities of warships and other government vessels operated for non-commercial purposes.

text: Article 2 – General principles

text: Each Party shall take such measures as may be necessary to establish its jurisdiction over the relevant offences when the offence is committed on board a vessel flying its flag.

text: For the purposes of applying this Agreement, each Party shall take such measures as may be necessary to establish its jurisdiction over the relevant offences committed on board a vessel flying the flag or displaying the marks of registry or bearing any other indication of nationality of any other Party to this Agreement. Such jurisdiction shall be exercised only in conformity with this Agreement.

text: For the purposes of applying this Agreement, each Party shall take such measures as may be necessary to establish its jurisdiction over the relevant offences committed on board a vessel which is without nationality, or which is assimilated to a vessel without nationality under international law.

text: The flag State has preferential jurisdiction over any relevant offence committed on board its vessel.

text: Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any later date, by a declaration addressed to the Secretary General of the Council of Europe, inform the other Parties to the agreement of the criteria it intends to apply in respect of the exercise of the jurisdiction established pursuant to paragraph 2 of this article.

text: Any State which does not have in service warships, military aircraft or other government ships or aircraft operated for non-commercial purposes, which would enable it to become an intervening State under this Agreement 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 paragraphs 2 and 3 of this Article. A State which has made such a declaration is under the obligation to withdraw it when the circumstances justifying the reservation no longer exist.

text: Article 3 – Jurisdiction

text: A Party which has reasonable grounds to suspect that a vessel flying its flag is engaged in or being used for the commission of a relevant offence, may request the assistance of other Parties in suppressing its use for that purpose. The Parties so requested shall render such assistance within the means available to them.

text: In making its request, the flag State may, inter alia, authorise the requested Party, subject to any conditions or limitations which may be imposed, to take some or all of the actions specified in this Agreement.

text: When the requested Party agrees to act upon the authorisation of the flag State given to it in accordance with paragraph 2, the provisions of this Agreement in respect of the rights and obligations of the intervening State and the flag State shall, where appropriate and unless otherwise specified, apply to the requested and requesting Party, respectively.

text: Article 4 – Assistance to flag States

text: A Party which has reasonable grounds to suspect that a vessel without nationality, or assimilated to a vessel without nationality under international law, is engaged in or being used for the commission of a relevant offence, shall inform such other Parties as appear most closely affected and may request the assistance of any such Party in suppressing its use for that purpose. The Party so requested shall render such assistance within the means available to it.

text: Where a Party, having received information in accordance with paragraph 1, takes action it shall be for that Party to determine what actions are appropriate and to exercise its jurisdiction over any relevant offences which may have been committed by any persons on board the vessel.

text: Any Party which has taken action under this article shall communicate as soon as possible to the Party which has provided information, or made a request for assistance, the results of any action taken in respect of the vessel and any persons on board.

text: Article 5 – Vessels without nationality

text: Section 2 – Authorisation procedures

text: Where the intervening State has reasonable grounds to suspect that a vessel, which is flying the flag or displaying the marks of registry of another Party or bears any other indications of nationality of the vessel, is engaged in or being used for the commission of a relevant offence, the intervening State may request the authorisation of the flag State to stop and board the vessel in waters beyond the territorial sea of any Party, and to take some or all of the other actions specified in this Agreement. No such actions may be taken by virtue of this Agreement, without the authorisation of the flag State.

text: Article 6 – Basic rules on authorisation

text: The flag State shall immediately acknowledge receipt of a request for authorisation under

text: Article 6

text: and shall communicate a decision thereon as soon as possible and, wherever practicable, within four hours of receipt of the request.

text: Article 7 – Decision on the request for authorisation

text: If the flag State grants the request, such authorisation may be made subject to conditions or limitations. Such conditions or limitations may, in particular, provide that the flag State's express authorisation be given before any specified steps are taken by the intervening State.

text: Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by declaration addressed to the Secretary General of the Council of Europe declare that, when acting as an intervening State, it may subject its intervention to the condition that persons having its nationality who are surrendered to the flag State under

text: Article 15

text: and there convicted of a relevant offence, shall have the possibility to be transferred to the intervening State to serve the sentence imposed.

text: Article 8 – Conditions

text: Section 3 – Rules governing action

ordinal: i

text: a stop and board the vessel;

text: establish effective control of the vessel and over any person thereon;

text: take any action provided for in sub-paragraph ii of this article which is considered necessary to establish whether a relevant offence has been committed and to secure any evidence thereof;

text: require the vessel and any persons thereon to be taken into the territory of the intervening State and detain the vessel there for the purpose of carrying out further investigations;

text: search the vessel, anyone on it and anything in it, including its cargo;

text: open or require the opening of any containers, and test or take samples of anything on the vessel;

text: require any person on the vessel to give information concerning himself or anything on the vessel;

text: require the production of documents, books or records relating to the vessel or any persons or objects on it, and make photographs or copies of anything the production of which the competent authorities have the power to require;

ordinal: e

text: seize, secure and protect any evidence or material discovered on the vessel.

text: Having received the authorisation of the flag State, and subject to the conditions or limitations, if any, made under

text: Article 8

text: , paragraph 1, the intervening State may take the following actions:

text: ii and, having established effective control of the vessel:

text: Any action taken under paragraph 1 of this article shall be without prejudice to any right existing under the law of the intervening State of suspected persons not to incriminate themselves.

text: Article 9 – Authorised actions

text: Where, as a result of action taken under

text: Article 9

text: , the intervening State has evidence that a relevant offence has been committed which would be sufficient under its laws to justify its either arresting the persons concerned or detaining the vessel, or both, it may so proceed.

text: The intervening State shall, without delay, notify the flag State of steps taken under paragraph 1 above.

text: The vessel shall not be detained for a period longer than that which is strictly necessary to complete the investigations into relevant offences. Where there are reasonable grounds to suspect that the owners of the vessel are directly involved in a relevant offence, the vessel and its cargo may be further detained on completion of the investigation. Persons not suspected of any relevant offence and objects not required as evidence shall be released.

text: Notwithstanding the provisions of the preceding paragraph, the intervening State and the flag State may agree with a third State, Party to this Agreement, that the vessel may be taken to the territory of that third State and, once the vessel is in that territory, the third State shall be treated for the purposes of this Agreement as an intervening State.

text: Article 10 – Enforcement measures

text: Actions taken under

text: Articles 9

text: and 10 shall be governed by the law of the intervening State.

text: Actions under

text: Article 9

text: , paragraph 1 a, b and d, shall be carried out only by warships or military aircraft, or by other ships or aircraft clearly marked and identifiable as being on government service and authorised to that effect.

text: In any proceedings instituted in the flag State, offences committed against an official of the intervening State with respect to actions carried out under

text: Articles 9

text: and 10 shall be treated as if they had been committed against an official of the flag State.

text: a An official of the intervening State may not be prosecuted in the flag State for any act performed in the exercise of his functions. In such a case, the official shall be liable to prosecution in the intervening State as if the elements constituting the offence had been committed within the jurisdiction of that State.

text: The master of a vessel which has been boarded in accordance with this Agreement shall be entitled to communicate with the authorities of the vessel's flag State as well as with the owners or operators of the vessel for the purpose of notifying them that the vessel has been boarded. However, the authorities of the intervening State may prevent or delay any communication with the owners or operators of the vessel if they have reasonable grounds for believing that such communication would obstruct the investigations into a relevant offence.

text: Article 11 – Execution of action

text: the dangers involved in boarding a vessel at sea, and give consideration to whether this could be more safely done at the vessel's next port of call;

text: the need to minimise any interference with the legitimate commercial activities of a vessel;

text: the need to avoid unduly detaining or delaying a vessel;

text: the need to restrict the use of force to the minimum necessary to ensure compliance with the instructions of the intervening State.

text: In the application of this Agreement, the Parties concerned shall take due account of the need not to endanger the safety of life at sea, the security of the vessel and cargo and not to prejudice any commercial or legal interest. In particular, they shall take into account:

text: The use of firearms against, or on, the vessel shall be reported as soon as possible to the flag State.

text: The death, or injury, of any person aboard the vessel shall be reported as soon as possible to the flag State. The authorities of the intervening State shall fully co-operate with the authorities of the flag State in any investigation the flag State may hold into any such death or injury.

text: Article 12 – Operational safeguards

text: Section 4 – Rules governing the exercise of jurisdiction

text: To enable the flag State to decide whether to exercise its preferential jurisdiction in accordance with the provisions of

text: Article 14

text: , the intervening State shall without delay transmit to the flag State a summary of the evidence of any offences discovered as a result of action taken pursuant to

text: Article 9

text: . The flag State shall acknowledge receipt of the summary forthwith.

text: If the intervening State discovers evidence which leads it to believe that offences outside the scope of this Agreement may have been committed, or that suspect persons not involved in relevant offences are on board the vessel, it shall notify the flag State. Where appropriate, the Parties involved shall consult.

text: the flag State gives its express consent; or

text: such measures are aimed at the investigation and prosecution of an offence committed after the person has been taken into the territory of the intervening State.

text: The provisions of this Agreement shall be so construed as to permit the intervening State to take measures, including the detention of persons, other than those aimed at the investigation and prosecution of relevant offences, only when:

text: Article 13 – Evidence of offences

text: A flag State wishing to exercise its preferential jurisdiction shall do so in accordance with the provisions of this article.

text: It shall notify the intervening State to this effect as soon as possible and at the latest within fourteen days from the receipt of the summary of evidence pursuant to

text: Article 13

text: . If the flag State fails to do this, it shall be deemed to have waived the exercise of its preferential jurisdiction.

text: Where the flag State has notified the intervening State that it exercises its preferential jurisdiction, the exercise of the jurisdiction of the intervening State shall be suspended, save for the purpose of surrendering persons, vessels, cargoes and evidence in accordance with this Agreement.

text: The flag State shall submit the case forthwith to its competent authorities for the purpose of prosecution.

text: Measures taken by the intervening State against the vessel and persons on board may be deemed to have been taken as part of the procedure of the flag State.

text: Article 14 – Exercise of preferential jurisdiction

text: Where the flag State has notified the intervening State of its intention to exercise its preferential jurisdiction, and if the flag State so requests, the persons arrested, the vessel, the cargo and the evidence seized shall be surrendered to that State in accordance with the provisions of this Agreement.

text: The request for the surrender of arrested persons shall be supported by, in respect of each person, the original or a certified copy of the warrant of arrest or other order having the same effect, issued by a judicial authority in accordance with the procedure prescribed by the law of the flag State.

text: The Parties shall use their best endeavours to expedite the surrender of persons, vessels, cargoes and evidence.

text: Nothing in this Agreement shall be so construed as to deprive any detained person of his right under the law of the intervening State to have the lawfulness of his detention reviewed by a court of that State, in accordance with procedures established by its national law.

text: Instead of requesting the surrender of the detained persons or of the vessel, the flag State may request their immediate release. Where this request has been made, the intervening State shall release them forthwith.

text: Article 15 – Surrender of vessels, cargoes, persons and evidence

text: If any offence for which the flag State decides to exercise its preferential jurisdiction in accordance with

text: Article 14

text: is punishable by death under the law of that State, and if in respect of such an offence the death penalty is not provided by the law of the intervening State or is not normally carried out, the surrender of any person may be refused unless the flag State gives such assurances as the intervening State considers sufficient that the death penalty will not be carried out.

text: Article 16 – Capital punishment

text: Section 5 – Procedural and other general rules

text: Each Party shall designate an authority, which shall be responsible for sending and answering requests under

text: Articles 6

text: and 7 of this Agreement. So far as is practicable, each Party shall make arrangements so that this authority may receive and respond to the requests at any hour of any day or night.

text: The Parties shall furthermore designate a central authority which shall be responsible for the notification of the exercise of preferential jurisdiction under

text: Article 14

text: and for all other communications or notifications under this Agreement.

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 article, together with any other information facilitating communication under this Agreement. Any subsequent change with respect to the name, address or other relevant information concerning such authorities shall likewise be communicated to the Secretary General.

text: Article 17 – Competent authorities

text: The authorities designated under

text: Article 17

text: shall communicate directly with one another.

text: Where, for any reason, direct communication is not practicable, Parties may agree to use the communication channels of ICPO-Interpol or of the Customs Co-operation Council.

text: Article 18 – Communication between designated authorities

text: All communications under

text: Articles 4

text: to 16 shall be made in writing. Modern means of telecommunications, such as telefax, may be used.

text: Subject to the provisions of paragraph 3 of this article, translations of the requests, other communications and supporting documents shall not be required.

text: At the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, any Party may communicate to the Secretary General of the Council of Europe a declaration that it reserves the right to require that requests, other communications and supporting documents sent to it, be made in or accompanied by a translation into its own language or into one of the official languages of the Council of Europe or into such one of these languages as it shall indicate. It may on that occasion declare its readiness to accept translations in any other language as it may specify. The other Parties may apply the reciprocity rule.

text: Article 19 – Form of request and languages

text: Documents transmitted in application of this Agreement shall be exempt from all authentication and legalisation formalities.

text: Article 20 – Authentication and legalisation

text: A request under

text: Article 6

text: shall specify:

text: the authority making the request and the authority carrying out the investigations or proceedings;

text: details of the vessel concerned, including, as far as possible, its name, a description of the vessel, any marks of registry or other signs indicating nationality, as well as its location, together with a request for confirmation that the vessel has the nationality of the requested Party;

text: details of the suspected offences, together with the grounds for suspicion;

text: the action it is proposed to take and an assurance that such action would be taken if the vessel concerned had been flying the flag of the intervening State.

text: Article 21 – Content of request

text: Each Party shall take such measures as may be necessary to inform the owners and masters of vessels flying their flag that States Parties to this Agreement may be granted the authority to board vessels beyond the territorial sea of any Party for the purposes specified in this Agreement and to inform them in particular of the obligation to comply with instructions given by a boarding party from an intervening State exercising that authority.

text: Article 22 – Information for owners and masters of vessels

text: The flag State may make the authorisation referred to in

text: Article 6

text: subject to the condition that the information or evidence obtained will not, without its prior consent, be used or transmitted by the authorities of the intervening State in respect of investigations or proceedings other than those relating to relevant offences.

text: Article 23 – Restriction of use

text: The Parties concerned shall, if this is not contrary to the basic principles of their national law, keep confidential any evidence and information provided by another Party in pursuance of this Agreement, except to the extent that its disclosure is necessary for the application of the Agreement or for any investigations or proceedings.

text: Article 24 – Confidentiality

text: Section 6 – Costs and damages

text: Unless otherwise agreed by the Parties concerned, the cost of carrying out any action under

text: Articles 9

text: and 10 shall be borne by the intervening State, and the cost of carrying out action under

text: Articles 4

text: and 5 shall normally be borne by the Party which renders assistance.

text: Where the flag State has exercised its preferential jurisdiction in accordance with

text: Article 14

text: , the cost of returning the vessel and of transporting suspected persons and evidence shall be borne by it.

text: Article 25 – Costs

text: If, in the process of taking action pursuant to

text: Articles 9

text: and 10 above, any person, whether natural or legal, suffers loss, damage or injury as a result of negligence or some other fault attributable to the intervening State, it shall be liable to pay compensation in respect thereof.

text: Where the action is taken in a manner which is not justified by the terms of this Agreement, the intervening State shall be liable to pay compensation for any resulting loss, damage or injury. The intervening State shall also be liable to pay compensation for any such loss, damage or injury, if the suspicions prove to be unfounded and provided that the vessel boarded, the operator or the crew have not committed any act justifying them.

text: Liability for any damage resulting from action under

text: Article 4

text: shall rest with the requesting State, which may seek compensation from the requested State where the damage was a result of negligence or some other fault attributable to that State.

text: Article 26 – Damages

text: Chapter III – 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 Agreement shall be open for signature by the member States of the Council of Europe which have already expressed their consent to be bound by the Vienna Convention. They may express their consent to be bound by this Agreement by:

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

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

text: Article 27 – Signature and entry into force

text: After the entry into force of this Agreement, the Committee of Ministers of the Council of Europe, after consulting the Contracting States to the Agreement, may invite any State which is not a member of the Council but which has expressed its consent to be bound by the Vienna Convention to accede to this Agreement, 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 Agreement shall enter into force on the first day of the month following the expiry 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 28 – 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 in respect of which its consent to be bound to this Agreement shall apply.

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

text: In respect of any territory subject to a declaration under paragraphs 1 and 2 above, authorities may be designated under

text: Article 17

text: , paragraphs 1 and 2.

text: Any declaration made under the 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 expiry of a period of three months after the date of receipt of such notification by the Secretary General.

text: Article 29 – Territorial application

text: This Agreement shall not affect rights and undertakings deriving from the Vienna Convention or from any international multilateral conventions concerning special matters.

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

text: Article 17

text: of the Vienna Convention.

text: If two or more Parties have already concluded an agreement or treaty in respect of a subject dealt with in this Agreement or have otherwise established their relations in respect of that subject, they may agree to apply that agreement or treaty or to regulate those relations accordingly, in lieu of the present Agreement, if it facilitates international co-operation.

text: Article 30 – 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 avails itself of one or more of the reservations provided for in

text: Article 3

text: , paragraph 6,

text: Article 19

text: , paragraph 3 and

text: Article 34

text: , paragraph 5. 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 Agreement 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 31 – Reservations

text: After the entry into force of the present Agreement, a monitoring committee of experts representing the Parties shall be convened at the request of a Party to the Agreement by the Secretary General of the Council of Europe.

text: The monitoring committee shall review the working of the Agreement and make appropriate suggestions to secure its efficient operation.

text: The monitoring committee may decide its own procedural rules.

text: The monitoring committee may decide to invite States not Parties to the Agreement as well as international organisations or bodies, as appropriate, to its meetings.

text: Each Party shall send every second year a report on the operation of the Agreement to the Secretary General of the Council of Europe in such form and manner as may be decided by the monitoring committee or the European Committee on Crime Problems. The monitoring committee may decide to circulate the information supplied or a report thereon to the Parties and to such international organisations or bodies as it deems appropriate.

text: Article 32 – Monitoring committee

text: Amendments to this Agreement 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 the Agreement in accordance with the provisions of

text: Article 28

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 the 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 the Parties have informed the Secretary General of their acceptance thereof.

text: Article 33 – Amendments

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

text: In case of a dispute between Parties as to the interpretation or application of this Agreement, the Parties 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, mediation, conciliation or judicial process, as agreed upon by the Parties concerned.

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or on any later date, by a declaration addressed to the Secretary General of the Council of Europe, declare that, in respect of any dispute concerning the interpretation or application of this Agreement, it recognises as compulsory, without prior agreement, and subject to reciprocity, the submission of the dispute to arbitration in accordance with the procedure set out in the appendix to this Agreement.

text: Any dispute which has not been settled in accordance with paragraphs 2 or 3 of this article shall be referred, at the request of any one of the parties to the dispute, to the International Court of Justice for decision.

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 does not consider itself bound by paragraph 4 of this article.

text: Any Party having made a declaration in accordance with paragraphs 3 or 5 of this article may at any time withdraw the declaration by notification to the Secretary General of the Council of Europe.

text: Article 34 – Settlement of disputes

text: Any Party may, at any time, denounce this Agreement 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 expiry of a period of three months after the date of receipt of the notification by the Secretary General.

text: The present Agreement shall, however, continue to remain effective in respect of any actions or proceedings based on applications or requests made during the period of its validity in respect of the denouncing Party.

text: Article 35 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council, any State which has acceded to this Agreement and the Secretary General of the United Nations of:

text: any signature;

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

text: the name of any authority and any other information communicated pursuant to

text: Article 17

text: ; d any reservation made in accordance with

text: Article 31

text: , paragraph 1; e the date of entry into force of this Agreement in accordance with

text: Articles 27

text: and 28; f any request made under

text: Article 32

text: , paragraph 1, and the date of any meeting convened under that paragraph; g any declaration made under

text: Article 3

text: , paragraphs 5 and 6,

text: Article 8

text: , paragraph 2,

text: Article 19

text: , paragraph 3 and

text: Article 34

text: , paragraphs 3 and 5; h any other act, notification or communication relating to this Agreement.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Agreement. Done at Strasbourg, this 31st day of January 1995, 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 this Agreement.

text: Article 36 – Notifications


identifier: ETS No. 157

reference: ETS No. 157

title: Framework Convention for the Protection of National Minorities

text: European Treaty Series - No. 157

text: Framework Convention for the Protection of National Minorities

text: Strasbourg, 1.II.1995

text: The member States of the Council of Europe and the other States, signatories to the present framework Convention,

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

text: Considering that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;

text: Wishing to follow-up the Declaration of the Heads of State and Government of the member States of the Council of Europe adopted in Vienna on 9 October 1993;

text: Being resolved to protect within their respective territories the existence of national minorities;

text: Considering that the upheavals of European history have shown that the protection of national minorities is essential to stability, democratic security and peace in this continent;

text: Considering that a pluralist and genuinely democratic society should not only respect the ethnic, cultural, linguistic and religious identity of each person belonging to a national minority, but also create appropriate conditions enabling them to express, preserve and develop this identity;

text: Considering that the creation of a climate of tolerance and dialogue is necessary to enable cultural diversity to be a source and a factor, not of division, but of enrichment for each society;

text: Considering that the realisation of a tolerant and prosperous Europe does not depend solely on co-operation between States but also requires transfrontier co-operation between local and regional authorities without prejudice to the constitution and territorial integrity of each State;

text: Having regard to the

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

text: and the Protocols thereto;

text: Having regard to the commitments concerning the protection of national minorities in United Nations conventions and declarations and in the documents of the Conference on Security and Co-operation in Europe, particularly the Copenhagen Document of 29 June 1990;

text: Being resolved to define the principles to be respected and the obligations which flow from them, in order to ensure, in the member States and such other States as may become Parties to the present instrument, the effective protection of national minorities and of the rights and freedoms of persons belonging to those minorities, within the rule of law, respecting the territorial integrity and national sovereignty of States;

text: ETS 157 – Protection of National Minorities (Framework Convention), 1.II.1995 __________________________________________________________________________________

text: Being determined to implement the principles set out in this framework Convention through national legislation and appropriate governmental policies,

text: Have agreed as follows:

text: Section I

text: The protection of national minorities and of the rights and freedoms of persons belonging to those minorities forms an integral part of the international protection of human rights, and as such falls within the scope of international co-operation.

text: Article 1

text: The provisions of this framework Convention shall be applied in good faith, in a spirit of understanding and tolerance and in conformity with the principles of good neighbourliness, friendly relations and co-operation between States.

text: Article 2

text: Every person belonging to a national minority shall have the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights which are connected to that choice.

text: Persons belonging to national minorities may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the present framework Convention individually as well as in community with others.

text: Article 3

text: Section II

text: The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.

text: The Parties undertake to adopt, where necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities.

text: The measures adopted in accordance with paragraph 2 shall not be considered to be an act of discrimination.

text: Article 4

text: The Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage.

text: Without prejudice to measures taken in pursuance of their general integration policy, the Parties shall refrain from policies or practices aimed at assimilation of persons belonging to national minorities against their will and shall protect these persons from any action aimed at such assimilation.

text: Article 5

text: The Parties shall encourage a spirit of tolerance and intercultural dialogue and take effective measures to promote mutual respect and understanding and co-operation among all persons living on their territory, irrespective of those persons' ethnic, cultural, linguistic or religious identity, in particular in the fields of education, culture and the media.

text: The Parties undertake to take appropriate measures to protect persons who may be subject to threats or acts of discrimination, hostility or violence as a result of their ethnic, cultural, linguistic or religious identity.

text: Article 6

text: The Parties shall ensure respect for the right of every person belonging to a national minority to freedom of peaceful assembly, freedom of association, freedom of expression, and freedom of thought, conscience and religion.

text: Article 7

text: The Parties undertake to recognise that every person belonging to a national minority has the right to manifest his or her religion or belief and to establish religious institutions, organisations and associations.

text: Article 8

text: The Parties undertake to recognise that the right to freedom of expression of every person belonging to a national minority includes freedom to hold opinions and to receive and impart information and ideas in the minority language, without interference by public authorities and regardless of frontiers. The Parties shall ensure, within the framework of their legal systems, that persons belonging to a national minority are not discriminated against in their access to the media.

text: Paragraph 1 shall not prevent Parties from requiring the licensing, without discrimination and based on objective criteria, of sound radio and television broadcasting, or cinema enterprises.

text: The Parties shall not hinder the creation and the use of printed media by persons belonging to national minorities. In the legal framework of sound radio and television broadcasting, they shall ensure, as far as possible, and taking into account the provisions of paragraph 1, that persons belonging to national minorities are granted the possibility of creating and using their own media.

text: In the framework of their legal systems, the Parties shall adopt adequate measures in order to facilitate access to the media for persons belonging to national minorities and in order to promote tolerance and permit cultural pluralism.

text: Article 9

text: The Parties undertake to recognise that every person belonging to a national minority has the right to use freely and without interference his or her minority language, in private and in public, orally and in writing.

text: In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if those persons so request and where such a request corresponds to a real need, the Parties shall endeavour to ensure, as far as possible, the conditions which would make it possible to use the minority language in relations between those persons and the administrative authorities.

text: The Parties undertake to guarantee the right of every person belonging to a national minority to be informed promptly, in a language which he or she understands, of the reasons for his or her arrest, and of the nature and cause of any accusation against him or her, and to defend himself or herself in this language, if necessary with the free assistance of an interpreter.

text: Article 10

text: The Parties undertake to recognise that every person belonging to a national minority has the right to use his or her surname (patronym) and first names in the minority language and the right to official recognition of them, according to modalities provided for in their legal system.

text: The Parties undertake to recognise that every person belonging to a national minority has the right to display in his or her minority language signs, inscriptions and other information of a private nature visible to the public.

text: In areas traditionally inhabited by substantial numbers of persons belonging to a national minority, the Parties shall endeavour, in the framework of their legal system, including, where appropriate, agreements with other States, and taking into account their specific conditions, to display traditional local names, street names and other topographical indications intended for the public also in the minority language when there is a sufficient demand for such indications.

text: Article 11

text: The Parties shall, where appropriate, take measures in the fields of education and research to foster knowledge of the culture, history, language and religion of their national minorities and of the majority.

text: In this context the Parties shall inter alia provide adequate opportunities for teacher training and access to textbooks, and facilitate contacts among students and teachers of different communities.

text: The Parties undertake to promote equal opportunities for access to education at all levels for persons belonging to national minorities.

text: Article 12

text: Within the framework of their education systems, the Parties shall recognise that persons belonging to a national minority have the right to set up and to manage their own private educational and training establishments.

text: The exercise of this right shall not entail any financial obligation for the Parties.

text: Article 13

text: The Parties undertake to recognise that every person belonging to a national minority has the right to learn his or her minority language.

text: In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if there is sufficient demand, the Parties shall endeavour to ensure, as far as possible and within the framework of their education systems, that persons belonging to those minorities have adequate opportunities for being taught the minority language or for receiving instruction in this language.

text: Paragraph 2 of this article shall be implemented without prejudice to the learning of the official language or the teaching in this language.

text: Article 14

text: The Parties shall create the conditions necessary for the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs, in particular those affecting them.

text: Article 15

text: The Parties shall refrain from measures which alter the proportions of the population in areas inhabited by persons belonging to national minorities and are aimed at restricting the rights and freedoms flowing from the principles enshrined in the present framework Convention.

text: Article 16

text: The Parties undertake not to interfere with the right of persons belonging to national minorities to establish and maintain free and peaceful contacts across frontiers with persons lawfully staying in other States, in particular those with whom they share an ethnic, cultural, linguistic or religious identity, or a common cultural heritage.

text: The Parties undertake not to interfere with the right of persons belonging to national minorities to participate in the activities of non-governmental organisations, both at the national and international levels.

text: Article 17

text: The Parties shall endeavour to conclude, where necessary, bilateral and multilateral agreements with other States, in particular neighbouring States, in order to ensure the protection of persons belonging to the national minorities concerned.

text: Where relevant, the Parties shall take measures to encourage transfrontier co-operation.

text: Article 18

text: The Parties undertake to respect and implement the principles enshrined in the present framework Convention making, where necessary, only those limitations, restrictions or derogations which are provided for in international legal instruments, in particular the

text: , in so far as they are relevant to the rights and freedoms flowing from the said principles.

text: Article 19

text: Section III

text: In the exercise of the rights and freedoms flowing from the principles enshrined in the present framework Convention, any person belonging to a national minority shall respect the national legislation and the rights of others, in particular those of persons belonging to the majority or to other national minorities.

text: Article 20

text: Nothing in the present framework Convention shall be interpreted as implying any right to engage in any activity or perform any act contrary to the fundamental principles of international law and in particular of the sovereign equality, territorial integrity and political independence of States.

text: Article 21

text: Nothing in the present framework Convention shall be construed as limiting or derogating from any of the human rights and fundamental freedoms which may be ensured under the laws of any Contracting Party or under any other agreement to which it is a Party.

text: Article 22

text: The rights and freedoms flowing from the principles enshrined in the present framework Convention, in so far as they are the subject of a corresponding provision in the

text: or in the Protocols thereto, shall be understood so as to conform to the latter provisions.

text: Article 23

text: Section IV

text: The Committee of Ministers of the Council of Europe shall monitor the implementation of this framework Convention by the Contracting Parties.

text: The Parties which are not members of the Council of Europe shall participate in the implementation mechanism, according to modalities to be determined.

text: Article 24

text: Within a period of one year following the entry into force of this framework Convention in respect of a Contracting Party, the latter shall transmit to the Secretary General of the Council of Europe full information on the legislative and other measures taken to give effect to the principles set out in this framework Convention.

text: Thereafter, each Party shall transmit to the Secretary General on a periodical basis and whenever the Committee of Ministers so requests any further information of relevance to the implementation of this framework Convention.

text: The Secretary General shall forward to the Committee of Ministers the information transmitted under the terms of this article.

text: Article 25

text: In evaluating the adequacy of the measures taken by the Parties to give effect to the principles set out in this framework Convention the Committee of Ministers shall be assisted by an advisory committee, the members of which shall have recognised expertise in the field of the protection of national minorities.

text: The composition of this advisory committee and its procedure shall be determined by the Committee of Ministers within a period of one year following the entry into force of this framework Convention.

text: Article 26

text: Section V

text: This framework Convention shall be open for signature by the member States of the Council of Europe. Up until the date when the Convention enters into force, it shall also be open for signature by any other State so invited by the Committee of Ministers. It 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: Article 27

text: This framework 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 twelve member States of the Council of Europe have expressed their consent to be bound by the Convention in accordance with the provisions of

text: Article 27

text: In respect of any member State which subsequently expresses its consent to be bound by it, the framework 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 deposit of the instrument of ratification, acceptance or approval.

text: Article 28

text: After the entry into force of this framework Convention and after consulting the Contracting States, the Committee of Ministers of the Council of Europe may invite to accede to the Convention, by a decision taken by the majority provided for in

text: Article 20

text: .d of the Statute of the Council of Europe, any non-member State of the Council of Europe which, invited to sign in accordance with the provisions of

text: Article 27

text: , has not yet done so, and any other nonmember State.

text: In respect of any acceding State, the framework 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 deposit of the instrument of accession with the Secretary General of the Council of Europe.

text: Article 29

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 for whose international relations it is responsible to which this framework 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 framework Convention to any other territory specified in the declaration. In respect of such territory the framework 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 30

text: Any Party may at any time denounce this framework 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 six months after the date of receipt of the notification by the Secretary General.

text: Article 31

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

text: Articles 28

text: , 29 and 30; d any other act, notification or communication relating to this framework Convention.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this framework Convention. Done at Strasbourg, this 1st day of February 1995, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State invited to sign or accede to this framework Convention.

text: Article 32


doctype: protocol

identifier: ETS No. 158

reference: ETS No. 158

title: Additional Protocol to the European Social Charter Providing for a System of Collective Complaints

text: European Treaty Series - No. 158

text: Strasbourg, 9.XI.1995

text: Preamble

text: The member States of the Council of Europe, signatories to this Protocol to the European Social Charter, opened for signature in Turin on 18 October 1961 (hereinafter referred to as "the Charter"), Resolved to take new measures to improve the effective enforcement of the social rights guaranteed by the Charter; Considering that this aim could be achieved in particular by the establishment of a collective complaints procedure, which, inter alia, would strengthen the participation of management and labour and of non-governmental organisations, Have agreed as follows:

text: The Contracting Parties to this Protocol recognise the right of the following organisations to submit complaints alleging unsatisfactory application of the Charter: a international organisations of employers and trade unions referred to in paragraph 2 of Article 27 of the Charter; b other international non-governmental organisations which have consultative status with the Council of Europe and have been put on a list established for this purpose by the Governmental Committee; c representative national organisations of employers and trade unions within the jurisdiction of the Contracting Party against which they have lodged a complaint.

text: Article 1

text: Any Contracting State may also, when it expresses its consent to be bound by this Protocol, in accordance with the provisions of

text: Article 13

text: , or at any moment thereafter, declare that it recognises the right of any other representative national non-governmental organisation within its jurisdiction which has particular competence in the matters governed by the Charter, to lodge complaints against it. 2 Such declarations may be made for a specific period. 3 The declarations shall be deposited with the Secretary General of the Council of Europe who shall transmit copies thereof to the Contracting Parties and publish them.

text: ETS 158 – European Social Charter (Additional Protocol), 9.XI.1995 __________________________________________________________________________________

text: Article 2

text: The international non-governmental organisations and the national non-governmental organisations referred to in

text: Article 1

text: .b and

text: Article 2

text: respectively may submit complaints in accordance with the procedure prescribed by the aforesaid provisions only in respect of those matters regarding which they have been recognised as having particular competence.

text: Article 3

text: The complaint shall be lodged in writing, relate to a provision of the Charter accepted by the Contracting Party concerned and indicate in what respect the latter has not ensured the satisfactory application of this provision.

text: Article 4

text: Any complaint shall be addressed to the Secretary General who shall acknowledge receipt of it, notify it to the Contracting Party concerned and immediately transmit it to the Committee of Independent Experts.

text: Article 5

text: The Committee of Independent Experts may request the Contracting Party concerned and the organisation which lodged the complaint to submit written information and observations on the admissibility of the complaint within such time-limit as it shall prescribe.

text: Article 6

text: If it decides that a complaint is admissible, the Committee of Independent Experts shall notify the Contracting Parties to the Charter through the Secretary General. It shall request the Contracting Party concerned and the organisation which lodged the complaint to submit, within such time-limit as it shall prescribe, all relevant written explanations or information, and the other Contracting Parties to this Protocol, the comments they wish to submit, within the same time-limit.

text: If the complaint has been lodged by a national organisation of employers or a national trade union or by another national or international non-governmental organisation, the Committee of Independent Experts shall notify the international organisations of employers or trade unions referred to in paragraph 2 of Article 27 of the Charter, through the Secretary General, and invite them to submit observations within such time-limit as it shall prescribe.

text: On the basis of the explanations, information or observations submitted under paragraphs 1 and 2 above, the Contracting Party concerned and the organisation which lodged the complaint may submit any additional written information or observations within such time- limit as the Committee of Independent Experts shall prescribe.

text: In the course of the examination of the complaint, the Committee of Independent Experts may organise a hearing with the representatives of the parties.

text: Article 7

text: The Committee of Independent Experts shall draw up a report in which it shall describe the steps taken by it to examine the complaint and present its conclusions as to whether or not the Contracting Party concerned has ensured the satisfactory application of the provision of the Charter referred to in the complaint.

text: The report shall be transmitted to the Committee of Ministers. It shall also be transmitted to the organisation that lodged the complaint and to the Contracting Parties to the Charter, which shall not be at liberty to publish it.

text: It shall be transmitted to the Parliamentary Assembly and made public at the same time as the resolution referred to in

text: Article 9

text: or no later than four months after it has been transmitted to the Committee of Ministers.

text: Article 8

text: On the basis of the report of the Committee of Independent Experts, the Committee of Ministers shall adopt a resolution by a majority of those voting. If the Committee of Independent Experts finds that the Charter has not been applied in a satisfactory manner, the Committee of Ministers shall adopt, by a majority of two-thirds of those voting, a recommendation addressed to the Contracting Party concerned. In both cases, entitlement to voting shall be limited to the Contracting Parties to the Charter.

text: At the request of the Contracting Party concerned, the Committee of Ministers may decide, where the report of the Committee of Independent Experts raises new issues, by a two-thirds majority of the Contracting Parties to the Charter, to consult the Governmental Committee.

text: Article 9

text: The Contracting Party concerned shall provide information on the measures it has taken to give effect to the Committee of Ministers' recommendation, in the next report which it submits to the Secretary General under Article 21 of the Charter.

text: Article 10

text: Articles 1

text: to 10 of this Protocol shall apply also to the articles of Part II of the first Additional Protocol to the Charter in respect of the States Parties to that Protocol, to the extent that these articles have been accepted.

text: Article 11

text: The States Parties to this Protocol consider that the first paragraph of the appendix to the Charter, relating to Part III, reads as follows:

text: "It is understood that the Charter contains legal obligations of an international character, the application of which is submitted solely to the supervision provided for in Part IV thereof and in the provisions of this Protocol."

text: Article 12

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

text: A member State of the Council of Europe may not express its consent to be bound by this Protocol without previously or simultaneously ratifying the Charter.

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

text: Article 13

text: This Protocol shall enter into force on the first day of the month following the expiration of a period of one month after the date on which five 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 13

text: . 2 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 one month after the date of the deposit of the instrument of ratification, acceptance or approval.

text: Article 14

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

text: Article 15

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

text: Article 14

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

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol. Done at Strasbourg, this 9th day of November 1995, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.

text: Article 16

type: internationell-overenskommelse