identifier: ETS No. 180

reference: ETS No. 180

title: Convention on Information and Legal Co-operation concerning "Information Society Services"

text: European Treaty Series - No. 180

text: Society Services"

text: Moscow, 4.X.2001

text: Preamble

text: The Parties to this Convention, signatories hereto,

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

text: Noting the continued development of information and communication technology and the numerous national initiatives and their impact at a European and international level;

text: Recognising the cross-border nature of interactive services that are diffused on-line by new means of electronic communication and their growing importance in facilitating the economic, social and cultural progress of the Council of Europe member States;

text: Recalling the system established by the legislation of the European Community for the exchange of the texts of draft domestic regulations concerning "Information Society Services";

text: Noting the need for all Council of Europe member States to be kept regularly informed of legislative developments on "Information Society Services" at a Pan-European level and, where necessary, to have the possibility to discuss and exchange information and ideas regarding these developments;

text: Agreeing on the desirability to provide a legal framework to enable member States of the Council of Europe to exchange, where practicable by electronic means, texts of draft domestic regulations aimed specifically at "Information Society Services",

text: Have agreed as follows:

text: In accordance with the provisions of this Convention, the Parties shall exchange texts, where practicable by electronic means, of draft domestic regulations aimed specifically at "Information Society Services" and shall co-operate in the functioning of the information and legal co-operation system set up under the Convention.

text: to domestic regulations which are exempted from prior notification by virtue of European Community legislation (hereinafter referred to as "Community law"), or

text: where a notification has to be made to comply with other international agreements.

text: This Convention shall not apply:

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

text: ETS 180 – "Information Society Services", 4.X.2001 __________________________________________________________________________________

text: to radio broadcasting services;

text: to television programme services covered by the European Convention on Transfrontier Television, opened for signature in Strasbourg on 5 May 1989 (ETS No. 132), as amended by the Protocol of 1 October 1998 (ETS No. 171);

text: to domestic regulations relating to matters which are covered by European Community legislation or international agreements in the fields of telecommunications services and financial services.

text: This Convention shall not apply:

text: Article 1 – Object and scope of application

text: For the purposes of this Convention:

text: "Information Society Services" means any service, normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services;

text: "domestic regulations" means legal texts concerning the compliance with requirements of a general nature relating to the taking up and pursuit of service activities within the meaning of paragraph a of this article, in particular provisions concerning the service provider, the services and the recipient of services, excluding any rules which are not specifically aimed at the Information Society Services.

text: Article 2 – Definitions

text: Each Party shall designate an authority that is in charge of transmitting and receiving, where practicable by electronic means, draft domestic regulations aimed specifically at "Information Society Services" as well as any other documents pertaining to the functioning of the present Convention.

text: Article 3 – Receiving and transmitting authorities

text: Each Party shall transmit, where practicable by electronic means, to the Secretary General of the Council of Europe the texts of draft domestic regulations which are aimed specifically at "Information Society Services" and which are at a stage of preparation in which it is still possible for them to be substantially amended, as well as a short summary of these texts in English or French. The Parties shall communicate the draft again under the above conditions if they make changes to the draft that have the effect of significantly altering its scope, shortening the timetable originally envisaged for implementation, adding specifications or requirements, or making the latter more restrictive.

text: Upon receipt of the texts of the draft domestic regulations and summaries under paragraph 1 above or paragraph 6 below, the Secretary General of the Council of Europe shall transmit them, where practicable by electronic means, to the authority of each Party.

text: Upon receipt of the texts and summaries under paragraph 2 above, each Party may transmit, where practicable by electronic means, observations on the texts of the draft domestic regulations in English or French to the Secretary General of the Council of Europe and to the Party concerned.

text: A Party receiving the observations under paragraph 3 above shall endeavour to take them into account as far as possible when preparing new domestic regulations.

text: in cases where, for urgent reasons, occasioned by serious and unforeseeable circumstances relating to the protection of public health or safety, the protection of animals or the preservation of plants, and public policy, notably the protection of minors, a Party is obliged to prepare technical regulations in a very short space of time in order to enact and introduce them immediately without any consultations being possible;

text: in cases where for urgent reasons occasioned by serious circumstances relating to the protection of the security and the integrity of the financial system, notably the protection of depositors, investors and insured persons, a Party is obliged to enact and to implement rules on financial services immediately;

text: to domestic regulations enacted by or for regulated markets or by or for other markets or bodies carrying out clearing or settlement functions for those markets.

text: Paragraphs 1 to 4 above shall not apply:

text: in the cases mentioned in sub-paragraphs a and b, the Party shall give reasons to the Secretary General of the Council of Europe for the urgency of the measures in question;

text: Each Party which finalises any domestic regulations aimed specifically at "Information Society Services" shall transmit the definitive text to the Secretary General of the Council of Europe without delay and where practicable by electronic means.

text: Upon receipt of the texts of the adopted domestic regulations under paragraph 6 above, the Secretary General of the Council of Europe shall make them available, where practicable by electronic means, and shall keep this information in a single database within the Council of Europe.

text: Article 4 – Procedure

text: The authorities referred to in

text: Article 3

text: shall be designated by means of a declaration addressed to the Secretary General of the Council of Europe when the State concerned or the European Community becomes a Party to the present Convention in accordance with the provisions of

text: Articles 8

text: and 9. Any change shall likewise be declared to the Secretary General of the Council of Europe.

text: Article 5 – Declarations

text: This Convention shall not affect any international instrument which is binding on the Parties and which contains provisions on matters governed by this Convention.

text: The European Community shall equally fulfil the obligation to notify the texts transmitted to it by its member States in pursuance of the provisions of paragraph 1 of

text: Article 4

text: , and shall transmit to them the observations received by the other Parties, in pursuance of the provisions of paragraph 3 of

text: Article 4

text: Article 6 – Relationship to other instruments and agreements

text: Any amendment to

text: Article 1

text: , paragraph 3 of this Convention proposed by a Party shall be communicated to the Secretary General of the Council of Europe who shall forward the communication to the European Committee on Legal Co-operation (CDCJ).

text: The proposed amendment shall be examined by the Parties, which may adopt it by a twothirds majority of the votes cast. The text adopted shall be forwarded to the Parties. The European Community shall have the same number of votes as the number of its member States.

text: On the first day of the month following the expiration of a period of four months after its adoption by the Parties, unless the Parties have notified objections by one-third of the votes cast, any amendment shall enter into force for those Parties which have not notified objection.

text: A Party which has notified an objection in pursuance of the provisions of paragraph 3 of

text: Article 7

text: may subsequently withdraw it in whole or in part. Such withdrawal shall be made by means of a notification addressed to the Secretary General of the Council of Europe and shall become effective as from the date of its receipt.

text: Article 7 – Amendments to

text: Article 1

text: of the Convention concerning excluded matters

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

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

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

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

text: This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five signatories, of which at least one is not a member State of the European Economic Area, have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 1.

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

text: Article 8 – Signature and entry into force

text: After the entry into force of the present Convention, the Committee of Ministers of the Council of Europe, after consulting the Parties to the Convention, may invite any non-member State of the Council which has not participated in its elaboration to accede to this Convention, by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Parties entitled to sit on the Committee.

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

text: Article 9 – Accession to the Convention

text: No reservation may be made in respect of any provision of this Convention.

text: Article 10 – Reservations

text: Any State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply. 2 Any Party may, at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General. 3 Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt by the Secretary General of the Council of Europe of the notification.

text: Article 11 – Territorial application

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

text: Article 12 – Denunciation

text: The Secretary General of the Council of Europe shall notify the member States of the Council and any other signatories and Parties to this Convention of: a any signature; b the deposit of any instrument of ratification, acceptance, approval or accession; c any declaration made in pursuance of the provisions of

text: Article 5

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

text: Article 7

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

text: Articles 8

text: , 9 and 11; f any declaration received in pursuance of the provisions of paragraphs 2 and 3 of

text: Article 11

text: ; g any notification received in pursuance of the provision of paragraph 1 of

text: Article 12

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

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

text: Done at Moscow, this 4th day of October 2001, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, to the European Community, as well as to any State invited to accede to it.

text: Article 13 – Notification


doctype: protocol

identifier: ETS No. 181

openingPlace: Strasbourg

publisher: Council of Europe Treaty Office

reference: ETS No. 181

title: Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows

text: European Treaty Series - No. 181

type: stycke

text: Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data regarding supervisory authorities and transborder data flows

text: Strasbourg, 8.XI.2001

text: Preamble

text: The Parties to this additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, opened for signature in Strasbourg on 28 January 1981 (hereafter referred to as "the Convention");

text: Convinced that supervisory authorities, exercising their functions in complete independence, are an element of the effective protection of individuals with regard to the processing of personal data;

text: Considering the importance of the flow of information between peoples;

text: Considering that, with the increase in exchanges of personal data across national borders, it is necessary to ensure the effective protection of human rights and fundamental freedoms, and in particular the right to privacy, in relation to such exchanges of personal data,

text: Have agreed as follows:

text: Each Party shall provide for one or more authorities to be responsible for ensuring compliance with the measures in its domestic law giving effect to the principles stated in Chapters II and III of the Convention and in this Protocol.

ordinal: b

text: Each supervisory authority shall hear claims lodged by any person concerning the protection of his/her rights and fundamental freedoms with regard to the processing of personal data within its competence.

type: punkt

text: a To this end, the said authorities shall have, in particular, powers of investigation and intervention, as well as the power to engage in legal proceedings or bring to the attention of the competent judicial authorities violations of provisions of domestic law giving effect to the principles mentioned in paragraph 1 of

text: Article 1

text: of this Protocol.

text: The supervisory authorities shall exercise their functions in complete independence.

text: Decisions of the supervisory authorities, which give rise to complaints, may be appealed against through the courts.

text: ETS 181 – Automatic Processing of Personal Data (Protocol), 8.XI.2001 __________________________________________________________________________________

text: In accordance with the provisions of Chapter IV, and without prejudice to the provisions of Article 13 of the Convention, the supervisory authorities shall co-operate with one another to the extent necessary for the performance of their duties, in particular by exchanging all useful information.

text: Article 1 – Supervisory authorities

type: artikel

text: Each Party shall provide for the transfer of personal data to a recipient that is subject to the jurisdiction of a State or organisation that is not Party to the Convention only if that State or organisation ensures an adequate level of protection for the intended data transfer.

ordinal: a

text: if domestic law provides for it because of :

text: if safeguards, which can in particular result from contractual clauses, are provided by the controller responsible for the transfer and are found adequate by the competent authorities according to domestic law.

text: By way of derogation from paragraph 1 of

text: Article 2

text: of this Protocol, each Party may allow for the transfer of personal data :

text: – specific interests of the data subject, or

text: – legitimate prevailing interests, especially important public interests, or

text: Article 2 – Transborder flows of personal data to a recipient which is not subject to the jurisdiction of a Party to the Convention

text: The provisions of

text: Articles 1

text: and 2 of this Protocol shall be regarded by the Parties as additional articles to the Convention and all the provisions of the Convention shall apply accordingly.

text: This Protocol shall be open for signature by States Signatories to the Convention. After acceding to the Convention under the conditions provided by it, the European Communities may sign this Protocol. This Protocol is subject to ratification, acceptance or approval. A Signatory to this Protocol may not ratify, accept or approve it unless it has previously or simultaneously ratified, accepted or approved the Convention or has acceded to it. Instruments of ratification, acceptance or approval of this Protocol shall be deposited with the Secretary General of the Council of Europe.

text: In respect of any Signatory to this Protocol 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 expiry of a period of three months after the date of deposit of the instrument of ratification, acceptance or approval.

text: a This Protocol 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 five of its Signatories have expressed their consent to be bound by the Protocol in accordance with the provisions of paragraph 2 of

text: Article 3

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

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

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 such notification by the Secretary General.

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

text: any signature;

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

ordinal: c

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

text: Article 3

ordinal: d

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 Europe, the European Communities and any other State which has acceded to this Protocol of:

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

text: Done at Strasbourg, this 8th day of November 2001, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, the European Communities and any State invited to accede to the Convention.

text: Article 3 – Final provisions

type: internationell-overenskommelse


identifier: ETS No. 182

reference: ETS No. 182

title: Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

text: European Treaty Series - No. 182

text: Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

text: Strasbourg, 8.XI.2001

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

text: Having regard to their undertakings under the Statute of the Council of Europe;

text: Desirous of further contributing to safeguard human rights, uphold the rule of law and support the democratic fabric of society;

text: Considering it desirable to that effect to strengthen their individual and collective ability to respond to crime;

text: Decided to improve on and supplement in certain aspects the European Convention on Mutual Assistance in Criminal Matters done at Strasbourg on 20 April 1959 (hereinafter referred to as "the Convention"), as well as the Additional Protocol thereto, done at Strasbourg on 17 March 1978;

text: Taking into consideration the

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

text: , done at Rome on 4 November 1950, as well as the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, done at Strasbourg on 28 January 1981,

text: Have agreed as follows:

text: Chapter I

type: rubrik

text: Article 1

text: of the Convention shall be replaced by the following provisions:

text: "1 The Parties undertake promptly to afford each other, in accordance with the provisions of this Convention, the widest measure of mutual assistance in proceedings in respect of offences the punishment of which, at the time of the request for assistance, falls within the jurisdiction of the judicial authorities of the requesting Party.

text: This Convention does not apply to arrests, the enforcement of verdicts or offences under military law which are not offences under ordinary criminal law.

text: Mutual assistance may also be afforded in proceedings brought by the administrative authorities in respect of acts which are punishable under the national law of the requesting or the requested Party by virtue of being infringements of the rules of law, where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters.

text: ETS 182 – Mutual Assistance in Criminal Matters (Second Protocol), 8.XI.2001 __________________________________________________________________________________

text: Mutual assistance shall not be refused solely on the grounds that it relates to acts for which a legal person may be held liable in the requesting Party."

text: Article 1 – Scope

text: Article 4

text: of the Convention shall be supplemented by the following text, the original

text: Article 4

text: of the Convention becoming paragraph 1 and the provisions below becoming paragraph 2:

text: "2 Requests for the presence of such officials or interested persons should not be refused where that presence is likely to render the execution of the request for assistance more responsive to the needs of the requesting Party and, therefore, likely to avoid the need for supplementary requests for assistance."

text: Article 2 – Presence of officials of the requesting Party

text: Article 11

text: "1 A person in custody whose personal appearance for evidentiary purposes other than for standing trial is applied for by the requesting Party shall be temporarily transferred to its territory, provided that he or she shall be sent back within the period stipulated by the requested Party and subject to the provisions of

text: Article 12

text: of this Convention, in so far as these are applicable.

text: Transfer may be refused if:

text: the person in custody does not consent;

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

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

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

text: Subject to the provisions of

text: Article 2

text: of this Convention, in a case coming within paragraph 1, transit of the person in custody through the territory of a third Party, shall be granted on application, accompanied by all necessary documents, addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the Party through whose territory transit is requested. A Party may refuse to grant transit to its own nationals.

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

text: Article 3 – Temporary transfer of detained persons to the territory of the requesting Party

text: Article 15

text: "1 Requests for mutual assistance, as well as spontaneous information, shall be addressed in writing by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party and shall be returned through the same channels. However, they may be forwarded directly by the judicial authorities of the requesting Party to the judicial authorities of the requested Party and returned through the same channels.

text: Applications as referred to in

text: Article 11

text: of this Convention and

text: Article 13

text: of the Second Additional Protocol to this Convention shall in all cases be addressed by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party and shall be returned through the same channels.

text: Requests for mutual assistance concerning proceedings as mentioned in paragraph 3 of

text: Article 1

text: of this Convention may also be forwarded directly by the administrative or judicial authorities of the requesting Party to the administrative or judicial authorities of the requested Party, as the case may be, and returned through the same channels.

text: Requests for mutual assistance made under

text: Articles 18

text: and 19 of the Second Additional Protocol to this Convention may also be forwarded directly by the competent authorities of the requesting Party to the competent authorities of the requested Party.

text: Requests provided for in paragraph 1 of

text: Article 13

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

text: Article 13

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

text: Requests for copies of convictions and measures as referred to in

text: Article 4

text: of the Additional Protocol to the Convention may be made directly to the competent authorities. Any Contracting State may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, define what authorities it will, for the purpose of this paragraph, deem competent authorities.

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

text: that a copy of the request be forwarded to the central authority designated in that declaration;

text: that requests, except urgent requests, be forwarded to the central authority designated in that declaration;

text: that, in case of direct transmission for reasons of urgency, a copy shall be transmitted at the same time to its Ministry of Justice;

text: that some or all requests for assistance shall be sent to it through channels other than those provided for in this article.

text: Any Party may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, reserve the right to make the execution of requests, or specified requests, for mutual assistance dependent on one or more of the following conditions:

text: Requests for mutual assistance and any other communications under this Convention or its Protocols may be forwarded through any electronic or other means of telecommunication provided that the requesting Party is prepared, upon request, to produce at any time a written record of it and the original. However, any Contracting State, may by a declaration addressed at any time to the Secretary General of the Council of Europe, establish the conditions under which it shall be willing to accept and execute requests received by electronic or other means of telecommunication.

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

text: Article 4 – Channels of communication

text: Article 20

text: "1 Parties shall not claim from each other the refund of any costs resulting from the application of this Convention or its Protocols, except:

text: costs incurred by the attendance of experts in the territory of the requested Party;

text: costs incurred by the transfer of a person in custody carried out under

text: Articles 13

text: or 14 of the Second Additional Protocol to this Convention, or

text: Article 11

text: of this Convention;

text: costs of a substantial or extraordinary nature.

text: However, the cost of establishing a video or telephone link, costs related to the servicing of a video or telephone link in the requested Party, the remuneration of interpreters provided by it and allowances to witnesses and their travelling expenses in the requested Party shall be refunded by the requesting Party to the requested Party, unless the Parties agree otherwise.

text: Parties shall consult with each other with a view to making arrangements for the payment of costs claimable under paragraph 1.c above.

text: The provisions of this article shall apply without prejudice to the provisions of

text: Article 10

text: , paragraph 3, of this Convention."

text: Article 5 – Costs

text: Article 24

text: "Any State shall at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by means of a declaration addressed to the Secretary General of the Council of Europe, define what authorities it will, for the purpose of the Convention, deem judicial authorities. It subsequently may, at any time and in the same manner, change the terms of its declaration."

text: Article 6 – Judicial authorities

text: Chapter II

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

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

text: If the request is postponed, reasons shall be given for the postponement. The requested Party shall also inform the requesting Party of any reasons that render impossible the execution of the request or are likely to delay it significantly.

text: Article 7 – Postponed execution of requests

text: Notwithstanding the provisions of

text: Article 3

text: of the Convention, where requests specify formalities or procedures which are necessary under the law of the requesting Party, even if unfamiliar to the requested Party, the latter shall comply with such requests to the extent that the action sought is not contrary to fundamental principles of its law, unless otherwise provided for in this Protocol.

text: Article 8 – Procedure

text: If a person is in one Party’s territory and has to be heard as a witness or expert by the judicial authorities of another Party, the latter may, where it is not desirable or possible for the person to be heard to appear in its territory in person, request that the hearing take place by video conference, as provided for in paragraphs 2 to 7.

text: The requested Party shall agree to the hearing by video conference provided that the use of the video conference is not contrary to fundamental principles of its law and on condition that it has the technical means to carry out the hearing. If the requested Party has no access to the technical means for video conferencing, such means may be made available to it by the requesting Party by mutual agreement.

text: Requests for a hearing by video conference shall contain, in addition to the information referred to in

text: Article 14

text: of the Convention, the reason why it is not desirable or possible for the witness or expert to attend in person, the name of the judicial authority and of the persons who will be conducting the hearing.

text: The judicial authority of the requested Party shall summon the person concerned to appear in accordance with the forms laid down by its law.

text: a judicial authority of the requested Party shall be present during the hearing, where necessary assisted by an interpreter, and shall also be responsible for ensuring both the identification of the person to be heard and respect for the fundamental principles of the law of the requested Party. If the judicial authority of the requested Party is of the view that during the hearing the fundamental principles of the law of the requested Party are being infringed, it shall immediately take the necessary measures to ensure that the hearing continues in accordance with the said principles;

text: measures for the protection of the person to be heard shall be agreed, where necessary, between the competent authorities of the requesting and the requested Parties;

text: the hearing shall be conducted directly by, or under the direction of, the judicial authority of the requesting Party in accordance with its own laws;

text: at the request of the requesting Party or the person to be heard, the requested Party shall ensure that the person to be heard is assisted by an interpreter, if necessary;

ordinal: e

text: the person to be heard may claim the right not to testify which would accrue to him or her under the law of either the requested or the requesting Party.

text: With reference to hearing by video conference, the following rules shall apply:

text: Without prejudice to any measures agreed for the protection of persons, the judicial authority of the requested Party shall on the conclusion of the hearing draw up minutes indicating the date and place of the hearing, the identity of the person heard, the identities and functions of all other persons in the requested Party participating in the hearing, any oaths taken and the technical conditions under which the hearing took place. The document shall be forwarded by the competent authority of the requested Party to the competent authority of the requesting Party.

text: Each Party shall take the necessary measures to ensure that, where witnesses or experts are being heard within its territory, in accordance with this article, and refuse to testify when under an obligation to testify or do not testify according to the truth, its national law applies in the same way as if the hearing took place in a national procedure.

text: Parties may at their discretion also apply the provisions of this article, where appropriate and with the agreement of their competent judicial authorities, to hearings by video conference involving the accused person or the suspect. In this case, the decision to hold the video conference, and the manner in which the video conference shall be carried out, shall be subject to agreement between the Parties concerned, in accordance with their national law and relevant international instruments. Hearings involving the accused person or the suspect shall only be carried out with his or her consent.

text: Any Contracting State may, at any time, by means of a declaration addressed to the Secretary General of the Council of Europe, declare that it will not avail itself of the possibility provided in paragraph 8 above of also applying the provisions of this article to hearings by video conference involving the accused person or the suspect.

text: Article 9 – Hearing by video conference

text: If a person is in one Party's territory and has to be heard as a witness or expert by judicial authorities of another Party, the latter may, where its national law so provides, request the assistance of the former Party to enable the hearing to take place by telephone conference, as provided for in paragraphs 2 to 6.

text: A hearing may be conducted by telephone conference only if the witness or expert agrees that the hearing take place by that method.

text: The requested Party shall agree to the hearing by telephone conference where this is not contrary to fundamental principles of its law.

text: A request for a hearing by telephone conference shall contain, in addition to the information referred to in

text: Article 14

text: of the Convention, the name of the judicial authority and of the persons who will be conducting the hearing and an indication that the witness or expert is willing to take part in a hearing by telephone conference.

text: notify the witness or expert concerned of the time and the venue of the hearing;

text: ensure the identification of the witness or expert;

text: verify that the witness or expert agrees to the hearing by telephone conference.

text: The practical arrangements regarding the hearing shall be agreed between the Parties concerned. When agreeing such arrangements, the requested Party shall undertake to:

text: The requested Party may make its agreement subject, fully or in part, to the relevant provisions of

text: Article 9

text: , paragraphs 5 and 7.

text: Article 10 – Hearing by telephone conference

text: Without prejudice to their own investigations or proceedings, the competent authorities of a Party may, without prior request, forward to the competent authorities of another Party information obtained within the framework of their own investigations, when they consider that the disclosure of such information might assist the receiving Party in initiating or carrying out investigations or proceedings, or might lead to a request by that Party under the Convention or its Protocols.

text: The providing Party may, pursuant to its national law, impose conditions on the use of such information by the receiving Party.

text: The receiving Party shall be bound by those conditions.

text: However, any Contracting State may, at any time, by means of a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to be bound by the conditions imposed by the providing Party under paragraph 2 above, unless it receives prior notice of the nature of the information to be provided and agrees to its transmission.

text: Article 11 – Spontaneous information

text: At the request of the requesting Party and without prejudice to the rights of bona fide third parties, the requested Party may place articles obtained by criminal means at the disposal of the requesting Party with a view to their return to their rightful owners.

text: In applying

text: Articles 3

text: and 6 of the Convention, the requested Party may waive the return of articles either before or after handing them over to the requesting Party if the restitution of such articles to the rightful owner may be facilitated thereby. The rights of bona fide third parties shall not be affected.

text: In the event of a waiver before handing over the articles to the requesting Party, the requested Party shall exercise no security right or other right of recourse under tax or customs legislation in respect of these articles.

text: A waiver as referred to in paragraph 2 shall be without prejudice to the right of the requested Party to collect taxes or duties from the rightful owner.

text: Article 12 – Restitution

text: Where there is agreement between the competent authorities of the Parties concerned, a Party which has requested an investigation for which the presence of a person held in custody on its own territory is required may temporarily transfer that person to the territory of the Party in which the investigation is to take place.

text: The agreement shall cover the arrangements for the temporary transfer of the person and the date by which the person must be returned to the territory of the requesting Party.

text: Where consent to the transfer is required from the person concerned, a statement of consent or a copy thereof shall be provided promptly to the requested Party.

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

text: The period of custody in the territory of the requested Party shall be deducted from the period of detention which the person concerned is or will be obliged to undergo in the territory of the requesting Party.

text: The provisions of

text: Article 11

text: , paragraph 2, and

text: Article 12

text: of the Convention shall apply mutatis mutandis.

text: Any Contracting State may at any time, by means of a declaration addressed to the Secretary General of the Council of Europe, declare that before an agreement is reached under paragraph 1 of this article, the consent referred to in paragraph 3 of this article will be required, or will be required under certain conditions indicated in the declaration.

text: Article 13 – Temporary transfer of detained persons to the requested Party

text: The provisions of

text: Articles 11

text: and 12 of the Convention shall apply mutatis mutandis also to persons who are in custody in the requested Party, pursuant to having been transferred in order to serve a sentence passed in the requesting Party, where their personal appearance for purposes of review of the judgement is applied for by the requesting Party.

text: Article 14 – Personal appearance of transferred sentenced persons

text: The provisions of this article shall apply to any request for service under

text: Article 7

text: of the Convention or

text: Article 3

text: of the Additional Protocol thereto.

text: Procedural documents and judicial decisions shall in all cases be transmitted in the language, or the languages, in which they were issued.

text: Notwithstanding the provisions of

text: Article 16

text: of the Convention, if the authority that issued the papers knows or has reasons to believe that the addressee understands only some other language, the papers, or at least the most important passages thereof, shall be accompanied by a translation into that other language.

text: Notwithstanding the provisions of

text: Article 16

text: of the Convention, procedural documents and judicial decisions shall, for the benefit of the authorities of the requested Party, be accompanied by a short summary of their contents translated into the language, or one of the languages, of that Party.

text: Article 15 – Language of procedural documents and judicial decisions to be served

text: The competent judicial authorities of any Party may directly address, by post, procedural documents and judicial decisions, to persons who are in the territory of any other Party.

text: Procedural documents and judicial decisions shall be accompanied by a report stating that the addressee may obtain information from the authority identified in the report, regarding his or her rights and obligations concerning the service of the papers. The provisions of paragraph 3 of

text: Article 15

text: above shall apply to that report.

text: The provisions of

text: Articles 8

text: , 9 and 12 of the Convention shall apply mutatis mutandis to service by post.

text: The provisions of paragraphs 1, 2 and 3 of

text: Article 15

text: above shall also apply to service by post.

text: Article 16 – Service by post

text: Police officers of one of the Parties who, within the framework of a criminal investigation, are keeping under observation in their country a person who is presumed to have taken part in a criminal offence to which extradition may apply, or a person who it is strongly believed will lead to the identification or location of the above-mentioned person, shall be authorised to continue their observation in the territory of another Party where the latter has authorised cross-border observation in response to a request for assistance which has previously been submitted. Conditions may be attached to the authorisation.

text: On request, the observation will be entrusted to officers of the Party in whose territory it is carried out.

text: The request for assistance referred to in the first sub-paragraph must be sent to an authority designated by each Party and having jurisdiction to grant or to forward the requested authorisation.

text: the authorities of the Party designated under paragraph 4, in whose territory the observation is to be continued, must be notified immediately, during the observation, that the border has been crossed;

text: a request for assistance submitted in accordance with paragraph 1 and outlining the grounds for crossing the border without prior authorisation shall be submitted without delay.

text: Where, for particularly urgent reasons, prior authorisation of the other Party cannot be requested, the officers conducting the observation within the framework of a criminal investigation shall be authorised to continue beyond the border the observation of a person presumed to have committed offences listed in paragraph 6, provided that the following conditions are met:

text: Observation shall cease as soon as the Party in whose territory it is taking place so requests, following the notification referred to in a. or the request referred to in b. or where authorisation has not been obtained within five hours of the border being crossed.

text: The officers conducting the observation must comply with the provisions of this article and with the law of the Party in whose territory they are operating; they must obey the instructions of the local responsible authorities.

text: Except in the situations provided for in paragraph 2, the officers shall, during the observation, carry a document certifying that authorisation has been granted.

text: The officers conducting the observation must be able at all times to provide proof that they are acting in an official capacity.

text: The officers conducting the observation may carry their service weapons during the observation, save where specifically otherwise decided by the requested Party; their use shall be prohibited save in cases of legitimate self-defence.

text: Entry into private homes and places not accessible to the public shall be prohibited.

text: The officers conducting the observation may neither stop and question, nor arrest, the person under observation.

text: All operations shall be the subject of a report to the authorities of the Party in whose territory they took place; the officers conducting the observation may be required to appear in person.

text: The authorities of the Party from which the observing officers have come shall, when requested by the authorities of the Party in whose territory the observation took place, assist the enquiry subsequent to the operation in which they took part, including legal proceedings.

text: The observation referred to in paragraphs 1 and 2 shall be carried out only under the following general conditions:

text: Parties shall at the time of signature or when depositing their instrument of ratification, acceptance, approval or accession, by means of a declaration addressed to the Secretary General of the Council of Europe, indicate both the officers and authorities that they designate for the purposes of paragraphs 1 and 2 of this article. They subsequently may, at any time and in the same manner, change the terms of their declaration.

text: The Parties may, at bilateral level, extend the scope of this article and adopt additional measures in implementation thereof.

text: The observation referred to in paragraph 2 may take place only for one of the following criminal offences:

text: – assassination; – murder; – rape; – arson; – counterfeiting; – armed robbery and receiving of stolen goods; – extortion; – kidnapping and hostage taking; – traffic in human beings; – illicit traffic in narcotic drugs and psychotropic substances; – breach of the laws on arms and explosives; – use of explosives; – illicit carriage of toxic and dangerous waste; – smuggling of aliens; – sexual abuse of children.

text: Article 17 – Cross-border observations

text: Each Party undertakes to ensure that, at the request of another Party, controlled deliveries may be permitted on its territory in the framework of criminal investigations into extraditable offences.

text: The decision to carry out controlled deliveries shall be taken in each individual case by the competent authorities of the requested Party, with due regard to the national law of that Party.

text: Controlled deliveries shall take place in accordance with the procedures of the requested Party. Competence to act, direct and control operations shall lie with the competent authorities of that Party.

text: Parties shall at the time of signature or when depositing their instrument of ratification, acceptance, approval or accession, by means of a declaration addressed to the Secretary General of the Council of Europe, indicate the authorities that are competent for the purposes of this article. They subsequently may, at any time and in the same manner, change the terms of their declaration.

text: Article 18 – Controlled delivery

text: The requesting and the requested Parties may agree to assist one another in the conduct of investigations into crime by officers acting under covert or false identity (covert investigations).

text: The decision on the request is taken in each individual case by the competent authorities of the requested Party with due regard to its national law and procedures. The duration of the covert investigation, the detailed conditions, and the legal status of the officers concerned during covert investigations shall be agreed between the Parties with due regard to their national law and procedures.

text: Covert investigations shall take place in accordance with the national law and procedures of the Party on the territory of which the covert investigation takes place. The Parties involved shall co-operate to ensure that the covert investigation is prepared and supervised and to make arrangements for the security of the officers acting under covert or false identity.

text: Parties shall at the time of signature or when depositing their instrument of ratification, acceptance, approval or accession, by means of a declaration addressed to the Secretary General of the Council of Europe, indicate the authorities that are competent for the purposes of paragraph 2 of this article. They subsequently may, at any time and in the same manner, change the terms of their declaration.

text: Article 19 – Covert investigations

text: a Party’s investigations into criminal offences require difficult and demanding investigations having links with other Parties;

text: a number of Parties are conducting investigations into criminal offences in which the circumstances of the case necessitate co-ordinated, concerted action in the Parties involved.

text: By mutual agreement, the competent authorities of two or more Parties may set up a joint investigation team for a specific purpose and a limited period, which may be extended by mutual consent, to carry out criminal investigations in one or more of the Parties setting up the team. The composition of the team shall be set out in the agreement.

text: A joint investigation team may, in particular, be set up where:

text: A request for the setting up of a joint investigation team may be made by any of the Parties concerned. The team shall be set up in one of the Parties in which the investigations are expected to be carried out.

text: In addition to the information referred to in the relevant provisions of

text: Article 14

text: of the Convention, requests for the setting up of a joint investigation team shall include proposals for the composition of the team.

text: the leader of the team shall be a representative of the competent authority participating in criminal investigations from the Party in which the team operates. The leader of the team shall act within the limits of his or her competence under national law;

text: the team shall carry out its operations in accordance with the law of the Party in which it operates. The members and seconded members of the team shall carry out their tasks under the leadership of the person referred to in sub-paragraph a, taking into account the conditions set by their own authorities in the agreement on setting up the team;

text: the Party in which the team operates shall make the necessary organisational arrangements for it to do so.

text: A joint investigation team shall operate in the territory of the Parties setting up the team under the following general conditions:

text: In this article, members of the joint investigation team from the Party in which the team operates are referred to as "members", while members from Parties other than the Party in which the team operates are referred to as "seconded members".

text: Seconded members of the joint investigation team shall be entitled to be present when investigative measures are taken in the Party of operation. However, the leader of the team may, for particular reasons, in accordance with the law of the Party where the team operates, decide otherwise.

text: Seconded members of the joint investigation team may, in accordance with the law of the Party where the team operates, be entrusted by the leader of the team with the task of taking certain investigative measures where this has been approved by the competent authorities of the Party of operation and the seconding Party.

text: Where the joint investigation team needs investigative measures to be taken in one of the Parties setting up the team, members seconded to the team by that Party may request their own competent authorities to take those measures. Those measures shall be considered in that Party under the conditions which would apply if they were requested in a national investigation.

text: Where the joint investigation team needs assistance from a Party other than those which have set up the team, or from a third State, the request for assistance may be made by the competent authorities of the State of operation to the competent authorities of the other State concerned in accordance with the relevant instruments or arrangements.

text: A seconded member of the joint investigation team may, in accordance with his or her national law and within the limits of his or her competence, provide the team with information available in the Party which has seconded him or her for the purpose of the criminal investigations conducted by the team.

text: for the purposes for which the team has been set up;

text: subject to the prior consent of the Party where the information became available, for detecting, investigating and prosecuting other criminal offences. Such consent may be withheld only in cases where such use would endanger criminal investigations in the Party concerned or in respect of which that Party could refuse mutual assistance;

text: for preventing an immediate and serious threat to public security, and without prejudice to sub-paragraph b. if subsequently a criminal investigation is opened;

text: for other purposes to the extent that this is agreed between Parties setting up the team.

text: Information lawfully obtained by a member or seconded member while part of a joint investigation team which is not otherwise available to the competent authorities of the Parties concerned may be used for the following purposes:

text: This article shall be without prejudice to any other existing provisions or arrangements on the setting up or operation of joint investigation teams.

text: To the extent that the laws of the Parties concerned or the provisions of any legal instrument applicable between them permit, arrangements may be agreed for persons other than representatives of the competent authorities of the Parties setting up the joint investigation team to take part in the activities of the team. The rights conferred upon the members or seconded members of the team by virtue of this article shall not apply to these persons unless the agreement expressly states otherwise.

text: Article 20 – Joint investigation teams

text: During the operations referred to in

text: Articles 17

text: , 18, 19 or 20, unless otherwise agreed upon by the Parties concerned, officials from a Party other than the Party of operation shall be regarded as officials of the Party of operation with respect to offences committed against them or by them.

text: Article 21 – Criminal liability regarding officials

text: Where, in accordance with

text: Articles 17

text: , 18, 19 or 20, officials of a Party are operating in another Party, the first Party shall be liable for any damage caused by them during their operations, in accordance with the law of the Party in whose territory they are operating.

text: The Party in whose territory the damage referred to in paragraph 1 was caused shall make good such damage under the conditions applicable to damage caused by its own officials.

text: The Party whose officials have caused damage to any person in the territory of another Party shall reimburse the latter in full any sums it has paid to the victims or persons entitled on their behalf.

text: Without prejudice to the exercise of its rights vis-à-vis third parties and with the exception of paragraph 3, each Party shall refrain in the case provided for in paragraph 1 from requesting reimbursement of damages it has sustained from another Party.

text: The provisions of this article shall apply subject to the proviso that the Parties did not agree otherwise.

text: Article 22 – Civil liability regarding officials

text: Where a Party requests assistance under the Convention or one of its Protocols in respect of a witness at risk of intimidation or in need of protection, the competent authorities of the requesting and requested Parties shall endeavour to agree on measures for the protection of the person concerned, in accordance with their national law.

text: Article 23 – Protection of witnesses

text: At the request of the requesting Party, the requested Party, in accordance with its national law, may take provisional measures for the purpose of preserving evidence, maintaining an existing situation or protecting endangered legal interests.

text: The requested Party may grant the request partially or subject to conditions, in particular time limitation.

text: Article 24 – Provisional measures

text: The requesting Party may require that the requested Party keep confidential the fact and substance of the request, except to the extent necessary to execute the request. If the requested Party cannot comply with the requirement of confidentiality, it shall promptly inform the requesting Party.

text: Article 25 – Confidentiality

text: for the purpose of proceedings to which the Convention or any of its Protocols apply;

text: for other judicial and administrative proceedings directly related to the proceedings mentioned under (a);

text: for preventing an immediate and serious threat to public security.

text: Personal data transferred from one Party to another as a result of the execution of a request made under the Convention or any of its Protocols, may be used by the Party to which such data have been transferred, only:

text: Such data may however be used for any other purpose if prior consent to that effect is given by either the Party from which the data had been transferred, or the data subject.

text: Any Party may refuse to transfer personal data obtained as a result of the execution of a request made under the Convention or any of its Protocols where

text: – such data is protected under its national legislation, and

text: – the Party to which the data should be transferred is not bound by the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, done at Strasbourg on 28 January 1981, unless the latter Party undertakes to afford such protection to the data as is required by the former Party.

text: Any Party that transfers personal data obtained as a result of the execution of a request made under the Convention or any of its Protocols may require the Party to which the data have been transferred to give information on the use made with such data.

text: Any Party may, by a declaration addressed to the Secretary General of the Council of Europe, require that, within the framework of procedures for which it could have refused or limited the transmission or the use of personal data in accordance with the provisions of the Convention or one of its Protocols, personal data transmitted to another Party not be used by the latter for the purposes of paragraph 1 unless with its previous consent.

text: Article 26 – Data protection

text: Parties may at any time, by means of a declaration addressed to the Secretary General of the Council of Europe, define what authorities they will deem administrative authorities for the purposes of

text: Article 1

text: , paragraph 3, of the Convention.

text: Article 27 – Administrative authorities

text: The provisions of this Protocol are without prejudice to more extensive regulations in bilateral or multilateral agreements concluded between Parties in application of

text: Article 26

text: , paragraph 3, of the Convention.

text: Article 28 – Relations with other treaties

text: The European Committee on Crime Problems shall be kept informed regarding the interpretation and application of the Convention and its Protocols, and shall do whatever is necessary to facilitate a friendly settlement of any difficulty which may arise out of their application.

text: Article 29 – Friendly settlement

text: Chapter III

text: This Protocol shall be open for signature by the member States of the Council of Europe which are a Party to or have signed the Convention. It shall be subject to ratification, acceptance or approval. A signatory may not ratify, accept or approve this Protocol unless it has previously or simultaneously ratified, accepted or approved the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

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

text: In respect of any signatory State which subsequently deposits its instrument of ratification, acceptance or approval, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit.

text: Article 30 – Signature and entry into force

text: Any non-member State, which has acceded to the Convention, may accede to this Protocol after it has entered into force.

text: Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession.

text: In respect of any acceding State, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of accession.

text: Article 31 – Accession

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

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

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

text: Article 32 – Territorial application

text: Reservations made by a Party to any provision of the Convention or its Protocol shall be applicable also to this Protocol, unless that Party otherwise declares at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession. The same shall apply to any declaration made in respect or by virtue of any provision of the Convention or its Protocol.

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it avails itself of the right not to accept wholly or in part any one or more of

text: Articles 16

text: , 17, 18, 19 and 20. No other reservation may be made.

text: Any State may wholly or partially withdraw a reservation it has made in accordance with the foregoing paragraphs, by means of a declaration addressed to the Secretary General of the Council of Europe, which shall become effective as from the date of its receipt.

text: Any Party which has made a reservation in respect of any of the articles of this Protocol mentioned in paragraph 2 above, may not claim the application of that article by another 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 33 – Reservations

text: Any Party may, in so far as it is concerned, denounce this Protocol by means of a notification addressed to the Secretary General of the Council of Europe.

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

text: Denunciation of the Convention entails automatically denunciation of this Protocol.

text: Article 34 – Denunciation

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

text: any signature;

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

text: Articles 30

text: and 31;

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

text: Done at Strasbourg, this 8th day of November 2001, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to the non-member States which have acceded to the Convention.

text: Article 35 – Notifications


doctype: treaty

identifier: ETS No. 183

reference: ETS No. 183

title: European Convention for the Protection of the Audiovisual Heritage

text: European Treaty Series - No. 183

text: Strasbourg, 8.XI.2001

text: Preamble

text: The member States of the Council of Europe, the other States Parties to the European Cultural Convention and the European Community, signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose, in particular, of safeguarding and fostering the ideals and principles which are their common heritage; Considering that Europe's heritage reflects the cultural identity and diversity of its peoples; Considering that moving image material is an integral part of European cultural heritage, and that States shall ensure that it is safeguarded and protected for posterity; Considering that moving image material is a form of cultural expression reflecting contemporary society and that it is an excellent means of recording everyday events, the basis of our history and a reflection of our civilisation; Aware of the fragility of moving image material and the dangers which threaten its existence and its handing down to future generations; Emphasising the importance of the Parties' responsibility to safeguard, restore and keep available this heritage; Resolved to co-operate and undertake joint action in order to safeguard and ensure the continuation of audiovisual cultural heritage; Taking account of the international treaties in force for the protection of copyright and neighbouring rights; Taking account of the work carried out by other international fora in the field of the protection of the audiovisual heritage, Have agreed as follows:

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

text: ETS 183 – Audiovisual Heritage, 8.XI.2001 __________________________________________________________________________________

text: Chapter I – Introduction

text: The aim of this Convention is to ensure the protection of the European audiovisual heritage and its appreciation both as an art form and as a record of our past by means of its collection, its preservation and the availability of moving image material for cultural, scientific and research purposes, in the public interest.

text: Article 1 – Aim of the Convention

text: For the purpose of this Convention: a "moving image material" means any set of moving images recorded by whatever means and on whatever medium, whether or not accompanied by sound, capable of conveying an impression of movement; b "cinematographic work" means moving image material of any length, in particular cinematographic works of fiction, cartoons and documentaries, which is intended to be shown in cinemas; c "archive body" refers to any institution designated by a Party to carry out the functions of legal deposit; d "voluntary deposit body" refers to any institution designated by a Party for that purpose.

text: Article 2 – Definitions

text: The Parties to this Convention shall apply the provisions of the Convention to all cinematographic works as from its entry into force. 2 By protocols drawn up in accordance with

text: Article 18

text: of this Convention, the application of this Convention shall be extended to moving image material other than cinematographic works, such as television productions.

text: Article 3 – Scope of application

text: The obligations of this Convention shall in no way affect the provisions in international treaties on the protection of copyright and neighbouring rights. No provision of this Convention may be interpreted as prejudicing such protection.

text: Article 4 – Copyright and neighbouring rights

text: Chapter II – Legal deposit

text: Each Party shall introduce, by legislative or other appropriate means, the obligation to deposit moving image material forming part of its audiovisual heritage and having been produced or co-produced in the territory of the Party concerned. 2 Each Party shall be free to provide for an exemption from legal deposit if the moving image material is legally deposited in one of the other Parties concerned.

text: Article 5 – General obligation of legal deposit

text: Each Party shall designate one or more archive bodies, whose tasks shall be to ensure the preservation, documentation, restoration and availability for consultation of deposited moving image material. 2 The designated bodies shall be either public or private, but shall not be controlled directly or indirectly by any natural or legal person principally engaged in profit-making activities in the media sector. 3 The Parties undertake to oversee the execution of the tasks assigned to the archive bodies.

text: Article 6 – Designation and tasks of archive bodies

text: Each Party shall ensure that archive bodies have the necessary means for carrying out their tasks as defined in

text: Article 6

text: , paragraph 1, of this Convention.

text: Article 7 – Technical and financial means

text: Each Party shall designate the natural or legal persons submitted to the obligation of deposit. It shall provide for the conditions of this deposit. It shall particularly ensure that the archive bodies receive the original or a material from which the original quality can be reconstituted. 2 The material shall be deposited within a maximum of twelve months after the final version has been shown for the first time to the public or any other reasonable period specified by a Party. If it has not been shown to the public, the time-limit shall begin at the end of the production.

text: Article 8 – Conditions of legal deposit

text: Each Party shall encourage and promote the restoration of legally deposited moving image material forming part of its audiovisual heritage whose physical quality has deteriorated. 2 Each Party may permit in its legislation the reproduction of legally deposited moving image material for the purpose of restoration.

text: Article 9 – Restoration of deposited material

text: Each Party shall make appropriate arrangements to ensure the protection of moving image material forming part of its audiovisual heritage which is exposed to an imminent danger which threatens its material existence, if it is not otherwise protected under the terms of legal deposit.

text: Article 10 – Emergency measures

text: Chapter III – Voluntary deposit

text: Each Party shall encourage and promote the voluntary deposit of moving image material forming part of its audiovisual heritage, including ancillary material, which does not qualify under

text: Article 5

text: of this Convention.

text: Article 11 – Promotion of voluntary deposit

text: Each Party shall encourage voluntary deposit bodies to specify by contract with the rights holders the conditions under which the deposited moving image material may be made available to the public.

text: Article 12 – Availability to the public

text: Chapter IV – General provisions common to archive and voluntary deposit bodies

text: In order to fulfil the aims of the present Convention more effectively, the Parties may decide to establish joint archive bodies and voluntary deposit bodies. 2 The archive body and the voluntary deposit body may be one and the same institution, on condition that the provisions specific to each function are applied.

text: Article 13 – Joint archives

text: Each Party shall encourage its archive or voluntary deposit bodies to co-operate with one another and with the bodies of other Parties with a view to facilitating: a exchange of information on moving image material; b the compilation of a European audiovisual filmography; c the development of a standard procedure for storing, pooling and updating moving image material and related information; d the development of a common standard for electronic information exchange; e the preservation of equipment for showing moving image material.

text: Article 14 – Co-operation between archive and voluntary deposit bodies

text: Each Party shall encourage archive and voluntary deposit bodies to conclude contracts with the depositors specifying the rights and obligations as to the deposited moving image material. Unless regulated by law, such contracts may specify the conditions on the liability for any damage of the deposited material, its temporary or permanent withdrawal from the deposit by the rights holders, and the compensation to be paid by the rights holders for its restoration or other services of the archive or voluntary deposit bodies.

text: Article 15 – Contractual terms of deposit

text: Chapter V – Follow-up of the Convention

text: For the purposes of this Convention, a standing committee shall be set up. 2 Each Party may be represented on the standing committee by one or more delegates. Each Party has a right to vote. Each State which is a Party to this Convention shall have one vote. Concerning questions within its competence, the European Community shall exercise its right to vote and cast a number of votes equal to the number of its member States that are Parties to this Convention. The European Community shall not exercise its right to vote when a question does not fall within its competence. 3 The European Community or any State referred to in

text: Article 19

text: , which is not a Party to this Convention, may be represented on the standing committee by an observer.

text: The standing committee shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within six months of the date of entry into force of the Convention. It shall subsequently meet whenever one-third of the Parties or the Committee of Ministers of the Council of Europe so requests, or on the initiative of the Secretary General of the Council of Europe in accordance with the provisions of

text: Article 18

text: , paragraph 2, or at the request of one or more Parties in accordance with the provisions of

text: Articles 17

text: , paragraph 1.c.

text: A majority of Parties shall constitute the quorum required for the adoption of decisions. Subject to the provisions of

text: Article 16

text: , paragraph 6, and

text: Article 18

text: , paragraph 3, the decisions of the Standing Committee shall be taken by a majority of two-thirds of the Parties present.

text: The Standing Committee may seek the advice of experts in order to discharge its function under this Convention. It may, on its own initiative or at the request of the body concerned, invite any international or national, governmental or non-governmental body technically qualified in the fields covered by this Convention to be represented by an observer at all or part of its meetings. The decision to invite such experts or bodies shall be taken by a majority of two-thirds of the Parties.

text: Subject to the provisions of this Convention, the Standing Committee shall draw up its own rules of procedure.

text: Article 16 – Standing Committee

text: make recommendations to the Parties concerning the application of the Convention;

text: suggest any necessary modifications to the Convention and examine those proposed in accordance with the provisions of

text: Article 18

text: examine, at the request of one or more Parties, any question concerning the interpretation of the Convention;

text: make recommendations to the Committee of Ministers concerning States, other than those referred to in

text: Article 19

text: , to be invited to accede to this Convention.

text: The Standing Committee shall be responsible for examining the operation and implementation of this Convention. It may:

text: After each meeting, the Standing Committee shall forward to the Parties and the Committee of Ministers of the Council of Europe a report on its discussions and any decisions taken.

text: Article 17 – Functions and reports of the Standing Committee

text: Chapter VI – Protocols and amendments

text: Protocols dealing with moving image material other than cinematographic works shall be concluded with a view to developing, in specific fields, the principles contained in this Convention.

text: Any proposal for a protocol referred to in paragraph 1 or any proposal for an amendment to such a protocol, or for any amendment to this Convention, presented by a Party, the Standing Committee or the Committee of Ministers shall be communicated to the Secretary General of the Council of Europe and forwarded by him to the member States of the Council of Europe, to the other States which may become Parties to this Convention and to the European Community. The Secretary General of the Council of Europe shall convene a meeting of the Standing Committee at the earliest two months following the communication of the proposal.

text: The Standing Committee shall examine the proposal not earlier than two months after it has been forwarded by the Secretary General in accordance with paragraph 2. The Standing Committee shall submit the text approved by a majority of three-quarters of the Parties to the Committee of Ministers for adoption.

text: Any amendment to the Convention adopted in accordance with the preceding paragraph shall come into force on the thirtieth day after all the Parties have informed the Secretary General of their acceptance thereof. If an amendment has been adopted by the Committee of Ministers, but has not yet entered into force, a State or the European Community may not express their consent to be bound by the Convention without accepting this amendment at the same time.

text: The Committee of Ministers shall determine the conditions for the entry into force of protocols to this Convention and amendments to such protocols based on the text submitted by the Standing Committee in accordance with paragraph 3.

text: Article 18 – Protocols and amendments

text: Chapter VII – Final provisions

text: This Convention shall be open for signature by the member States of the Council of Europe, by the other States Parties to the European Cultural Convention and by the European Community. 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 19 – Signature, ratification, acceptance, approval

text: This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five States, including at least four 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 19

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

text: Article 20 – Entry into force

text: In their mutual relations, Parties which are members of the European Community shall apply Community rules and shall not therefore apply the rules arising from this Convention except in so far as there is no Community rule governing the particular subject concerned.

text: Article 21 – Relations between the Convention and Community law

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after having consulted the Parties, may invite any State which is not referred to in

text: Article 19

text: 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, and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers.

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

text: Article 22 – Accession by other States

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

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

text: Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. 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 23 – Territorial application

text: No reservation may be made in respect of the provisions of this Convention.

text: Article 24 – Reservations

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

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

text: Article 25 – Denunciation

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

text: any signature;

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

text: Articles 20

text: , 22 and 23;

text: any amendment or protocol adopted in accordance with

text: Article 18

text: , and the date on which such an amendment or protocol enters into force;

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

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

text: Done at Strasbourg, this 8th day of November 2001, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the other States Parties to the European Cultural Convention, to the European Community and to any other State invited to accede to this Convention.

text: Article 26 – Notifications


identifier: ETS No. 184

reference: ETS No. 184

title: Protocol to the European Convention for the Protection of the Audiovisual Heritage, on the Protection of Television Productions

text: European Treaty Series - No. 184

text: Strasbourg, 8.XI.2001

text: Preamble

text: The Parties to this Protocol to the European Convention for the Protection of the Audiovisual Heritage, opened for signature in Strasbourg, on 8 November 2001 (hereinafter referred to "the Convention"),

text: Considering the importance of television productions as part of the European audiovisual heritage as expressed in the Convention;

text: Recognising the specificity of television productions, in particular with regard to their virtually universal availability, their quantity and their role as a mirror of all sectors and aspects of society;

text: Resolved to ensure an adequate preservation of television productions for cultural, scientific and research purposes in the public interest;

text: Taking account of the international treaties in force for the protection of copyright and neighbouring rights;

text: Referring to

text: Article 3

text: and Article 18 of the Convention,

text: Have agreed as follows:

text: For the purposes of this Protocol:

text: "television productions" means any moving image material other than cinematographic works, which has been produced for transmission via terrestrial transmitter, cable, satellite or other means, for reception by the public, with the exception of moving image material transmitted on individual demand and interactive moving image material;

text: "depository body" means any institution, including archive bodies, designated by a Party to carry out the functions related to legal or voluntary deposit;

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

text: ETS 184 – Audiovisual Heritage (Protocol), 8.XI.2001 __________________________________________________________________________________

text: "broadcaster" means any natural or legal person who has editorial responsibility for the composition of television productions and who transmits them, by whatever means, or has them transmitted by a third party for reception by the public.

text: Article 1 – Definitions

text: The Parties to this Protocol agree to apply the provisions of the Convention to television productions subject to the following exceptions: –

text: Article 3

text: Article 5

text: of the Convention; –

text: Article 4

text: of this Protocol shall be applied instead of Article 11 of the Convention; –

text: Article 5

text: Article 6

text: of the Convention; and –

text: Article 7

text: Article 8

text: of the Convention. 2 The provisions of

text: Article 1

text: of this Protocol shall be regarded as an addition to

text: Article 2

text: of the Convention.

text: Article 2 – Scope of application

text: Each Party shall implement, by legislative or other appropriate means and subject to paragraphs 2 and 3 of this article, the obligation to deposit television productions forming part of its audiovisual heritage, which have been transmitted by broadcasters under its jurisdiction for the first time to the public after the entry into force of this Protocol. 2 Each Party may provide for a system of appraising, selecting or sampling of television productions which are under the obligation of being deposited, in order to define and preserve the television elements of its audiovisual heritage adequately. 3 Each Party shall be free to provide for an exemption from the legal deposit if a television production is legally deposited in one of the other Parties. 4 Each Party shall determine who is under the obligation of legal deposit in accordance with this Protocol.

text: Article 3 – Legal deposit

text: Each Party may encourage and promote the voluntary deposit of television productions which do not qualify under Article 3.2. Voluntary deposit may be extended to ancillary material.

text: Article 4 – Voluntary deposit

text: With regard to the deposit of television productions, each Party may: a designate one or more broadcasters, upon their agreement and in accordance with the agreed terms, as depository body for the television productions transmitted by them or, if both sides agree, by other broadcasters, or b designate by agreement and/or establish one or more other depository bodies.

text: Article 5 – Designation of depository bodies

text: Each Party shall ensure that depository bodies under

text: Article 5

text: of this Protocol have the necessary means for carrying out the functions of legal deposit as defined in

text: Article 3

text: , and shall examine the appropriate financial arrangements to this effect.

text: Article 6 – Financial and technical means of depository bodies

text: Each Party shall determine the conditions necessary for the deposit of television productions with depository bodies in accordance with this Protocol.

text: Article 7 – Conditions of deposit

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

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

text: From the date of its entry into force, this Protocol shall form an integral part of the Convention.

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

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

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

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

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

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

text: any signature;

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

text: any date of entry into force of this Protocol in accordance with paragraphs 2, 4 and 6 of this article;

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 Europe, the European Community, any Signatory, any Party and any other State which has been invited to accede to the Convention of:

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

text: Done at Strasbourg, this 8th day of November 2001, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the other States Party to the European Cultural Convention, to the European Community and to any other State invited to accede to the Convention.

text: Article 8 – Final provisions