identifier: ETS No. 104

openingPlace: Bern

reference: ETS No. 104

title: Convention on the Conservation of European Wildlife and Natural Habitats

text: European Treaty Series - No. 104

text: Convention on the Conservation of European Wildlife and Natural Habitats *

text: Bern, 19.IX.1979

text: Preamble

text: The member States of the Council of Europe and the other signatories hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Considering the wish of the Council of Europe to co-operate with other States in the field of nature conservation; Recognising that wild flora and fauna constitute a natural heritage of aesthetic, scientific, cultural, recreational, economic and intrinsic value that needs to be preserved and handed on to future generations; Recognising the essential role played by wild flora and fauna in maintaining biological balances; Noting that numerous species of wild flora and fauna are being seriously depleted and that some of them are threatened with extinction; Aware that the conservation of natural habitats is a vital component of the protection and conservation of wild flora and fauna; Recognising that the conservation of wild flora and fauna should be taken into consideration by the governments in their national goals and programmes, and that international cooperation should be established to protect migratory species in particular; Bearing in mind the widespread requests for common action made by governments or by international bodies, in particular the requests expressed by the United Nations Conference on the Human Environment 1972 and the Consultative Assembly of the Council of Europe; Desiring particularly to follow, in the field of wildlife conservation, the recommendations of Resolution No. 2 of the Second European Ministerial Conference on the Environment, 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 104 – Conservation of Wildlife and Natural Habitats, 19.IX.1979 __________________________________________________________________________________

text: Chapter I – General provisions

text: The aims of this Convention are to conserve wild flora and fauna and their natural habitats, especially those species and habitats whose conservation requires the co-operation of several States, and to promote such co-operation.

text: Particular emphasis is given to endangered and vulnerable species, including endangered and vulnerable migratory species.

text: Article 1

text: The Contracting Parties shall take requisite measures to maintain the population of wild flora and fauna at, or adapt it to, a level which corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements and the needs of sub-species, varieties or forms at risk locally.

text: Article 2

text: Each Contracting Party shall take steps to promote national policies for the conservation of wild flora, wild fauna and natural habitats, with particular attention to endangered and vulnerable species, especially endemic ones, and endangered habitats, in accordance with the provisions of this Convention.

text: Each Contracting Party undertakes, in its planning and development policies and in its measures against pollution, to have regard to the conservation of wild flora and fauna.

text: Each Contracting Party shall promote education and disseminate general information on the need to conserve species of wild flora and fauna and their habitats.

text: Article 3

text: Chapter II – Protection of habitats

text: Each Contracting Party shall take appropriate and necessary legislative and administrative measures to ensure the conservation of the habitats of the wild flora and fauna species, especially those specified in Appendices I and II, and the conservation of endangered natural habitats.

text: The Contracting Parties in their planning and development policies shall have regard to the conservation requirements of the areas protected under the preceding paragraph, so as to avoid or minimise as far as possible any deterioration of such areas.

text: The Contracting Parties undertake to give special attention to the protection of areas that are of importance for the migratory species specified in Appendices II and III and which are appropriately situated in relation to migration routes, as wintering, staging, feeding, breeding or moulting areas.

text: The Contracting Parties undertake to co-ordinate as appropriate their efforts for the protection of the natural habitats referred to in this article when these are situated in frontier areas.

text: Article 4

text: Chapter III – Protection of species

text: Each Contracting Party shall take appropriate and necessary legislative and administrative measures to ensure the special protection of the wild flora species specified in Appendix I. Deliberate picking, collecting, cutting or uprooting of such plants shall be prohibited. Each Contracting Party shall, as appropriate, prohibit the possession or sale of these species.

text: Article 5

text: Each Contracting Party shall take appropriate and necessary legislative and administrative measures to ensure the special protection of the wild fauna species specified in Appendix II. The following will in particular be prohibited for these species: a all forms of deliberate capture and keeping and deliberate killing; b the deliberate damage to or destruction of breeding or resting sites; c the deliberate disturbance of wild fauna, particularly during the period of breeding, rearing and hibernation, insofar as disturbance would be significant in relation to the objectives of this Convention; d the deliberate destruction or taking of eggs from the wild or keeping these eggs even if empty; e the possession of and internal trade in these animals, alive or dead, including stuffed animals and any readily recognisable part or derivative thereof, where this would contribute to the effectiveness of the provisions of this article.

text: Article 6

text: Each Contracting Party shall take appropriate and necessary legislative and administrative measures to ensure the protection of the wild fauna species specified in Appendix III. 2 Any exploitation of wild fauna specified in Appendix III shall be regulated in order to keep the populations out of danger, taking into account the requirements of

text: Article 2

text: . 3 Measures to be taken shall include: a closed seasons and/or other procedures regulating the exploitation; b the temporary or local prohibition of exploitation, as appropriate, in order to restore satisfactory population levels; c the regulation as appropriate of sale, keeping for sale, transport for sale or offering for sale of live and dead wild animals.

text: Article 7

text: In respect of the capture or killing of wild fauna species specified in Appendix III and in cases where, in accordance with

text: Article 9

text: , exceptions are applied to species specified in Appendix II, Contracting Parties shall prohibit the use of all indiscriminate means of capture and killing and the use of all means capable of causing local disappearance of, or serious disturbance to, populations of a species, and in particular, the means specified in Appendix IV.

text: Article 8

text: Each Contracting Party may make exceptions from the provisions of

text: Articles 4

text: , 5, 6, 7 and from the prohibition of the use of the means mentioned in

text: Article 8

text: provided that there is no other satisfactory solution and that the exception will not be detrimental to the survival of the population concerned: – for the protection of flora and fauna; – to prevent serious damage to crops, livestock, forests, fisheries, water and other forms of property; – in the interests of public health and safety, air safety or other overriding public interests; – for the purposes of research and education, of repopulation, of reintroduction and for the necessary breeding; – to permit, under strictly supervised conditions, on a selective basis and to a limited extent, the taking, keeping or other judicious exploitation of certain wild animals and plants in small numbers. 2 The Contracting Parties shall report every two years to the Standing Committee on the exceptions made under the preceding paragraph. These reports must specify: – the populations which are or have been subject to the exceptions and, when practical, the number of specimens involved; – the means authorised for the killing or capture; – the conditions of risk and the circumstances of time and place under which such exceptions were granted; – the authority empowered to declare that these conditions have been fulfilled, and to take decisions in respect of the means that may be used, their limits and the persons instructed to carry them out; – the controls involved.

text: Article 9

text: Chapter IV – Special provisions for migratory species

text: The Contracting Parties undertake, in addition to the measures specified in

text: Articles 4

text: , 6, 7 and 8, to co-ordinate their efforts for the protection of the migratory species specified in Appendices II and III whose range extends into their territories. 2 The Contracting Parties shall take measures to seek to ensure that the closed seasons and/or other procedures regulating the exploitation established under paragraph 3.a of

text: Article 7

text: are adequate and appropriately disposed to meet the requirements of the migratory species specified in Appendix III.

text: Article 10

text: Chapter V – Supplementary provisions

text: to co-operate whenever appropriate and in particular where this would enhance the effectiveness of measures taken under other articles of this Convention;

text: to encourage and co-ordinate research related to the purposes of this Convention.

text: In carrying out the provisions of this Convention, the Contracting Parties undertake:

text: to encourage the reintroduction of native species of wild flora and fauna when this would contribute to the conservation of an endangered species, provided that a study is first made in the light of the experiences of other Contracting Parties to establish that such reintroduction would be effective and acceptable;

text: to strictly control the introduction of non-native species.

text: Each Contracting Party undertakes:

text: Each Contracting Party shall inform the Standing Committee of the species receiving complete protection on its territory and not included in Appendices I and II.

text: Article 11

text: The Contracting Parties may adopt stricter measures for the conservation of wild flora and fauna and their natural habitats than those provided under this Convention.

text: Article 12

text: Chapter VI – Standing Committee

text: For the purposes of this Convention, a Standing Committee shall be set up.

text: Any Contracting Party may be represented on the Standing Committee by one or more delegates. Each delegation shall have one vote. Within the areas of its competence, the European Economic Community shall exercise its right to vote with a number of votes equal to the number of its member States which are Contracting Parties to this Convention; the European Economic Community shall not exercise its right to vote in cases where the member States concerned exercise theirs, and conversely.

text: international agencies or bodies, either governmental or non-governmental, and national governmental agencies or bodies;

text: national non-governmental agencies or bodies which have been approved for this purpose by the State in which they are located,

text: Any member State of the Council of Europe which is not a Contracting Party to the Convention may be represented on the committee as an observer.

text: The Standing Committee may, by unanimous decision, invite any non-member State of the Council of Europe which is not a Contracting Party to the Convention to be represented by an observer at one of its meetings.

text: Any body or agency technically qualified in the protection, conservation or management of wild fauna and flora and their habitats, and belonging to one of the following categories:

text: may inform the Secretary General of the Council of Europe, at least three months before the meeting of the Committee, of its wish to be represented at that meeting by observers. They shall be admitted unless, at least one month before the meeting, one-third of the Contracting Parties have informed the Secretary General of their objection.

text: The Standing Committee shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within one year of the date of the entry into force of the Convention. It shall subsequently meet at least every two years and whenever a majority of the Contracting Parties so request.

text: A majority of the Contracting Parties shall constitute a quorum for holding a meeting of the Standing Committee.

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

text: Article 13

text: The Standing Committee shall be responsible for following the application of this Convention. It may in particular:

text: – keep under review the provisions of this Convention, including its appendices, and examine any modifications necessary;

text: – make recommendations to the Contracting Parties concerning measures to be taken for the purposes of this Convention;

text: – recommend the appropriate measures to keep the public informed about the activities undertaken within the framework of this Convention;

text: – make recommendations to the Committee of Ministers concerning non-member States of the Council of Europe to be invited to accede to this Convention;

text: – make any proposal for improving the effectiveness of this Convention, including proposals for the conclusion, with the States which are not Contracting Parties to the Convention, of agreements that would enhance the effective conservation of species or groups of species.

text: In order to discharge its functions, the Standing Committee may, on its own initiative, arrange for meetings of groups of experts.

text: Article 14

text: After each meeting, the Standing Committee shall forward to the Committee of Ministers of the Council of Europe a report on its work and on the functioning of the Convention.

text: Article 15

text: Chapter VII – Amendments

text: Any amendment to the articles of this Convention proposed by a Contracting Party or the Committee of Ministers shall be communicated to the Secretary General of the Council of Europe and forwarded by him at least two months before the meeting of the Standing Committee to the member States of the Council of Europe, to any signatory, to any Contracting Party, to any State invited to sign this Convention in accordance with the provisions of

text: Article 19

text: and to any State invited to accede to it in accordance with the provisions of

text: Article 20

text: for amendments to

text: Articles 1

text: to 12, shall submit the text adopted by a three-quarters majority of the votes cast to the Contracting Parties for acceptance;

text: for amendments to

text: Articles 13

text: to 24, shall submit the text adopted by a three-quarters majority of the votes cast to the Committee of Ministers for approval. After its approval, this text shall be forwarded to the Contracting Parties for acceptance.

text: Any amendment proposed in accordance with the provisions of the preceding paragraph shall be examined by the Standing Committee which:

text: Any amendment shall enter into force on the thirtieth day after all the Contracting Parties have informed the Secretary General that they have accepted it.

text: The provisions of paragraphs 1, 2.a and 3 of this article shall apply to the adoption of new appendices to this Convention.

text: Article 16

text: Any amendment to the appendices of this Convention proposed by a Contracting Party or the Committee of Ministers shall be communicated to the Secretary General of the Council of Europe and forwarded by him at least two months before the meeting of the Standing Committee to the member States of the Council of Europe, to any signatory, to any Contracting Party, to any State invited to sign this Convention in accordance with the provisions of

text: Article 19

text: Article 20

text: Any amendment proposed in accordance with the provisions of the preceding paragraph shall be examined by the Standing Committee, which may adopt it by a two-thirds majority of the Contracting Parties. The text adopted shall be forwarded to the Contracting Parties.

text: Three months after its adoption by the Standing Committee and unless one-third of the Contracting Parties have notified objections, any amendment shall enter into force for those Contracting Parties which have not notified objections.

text: Article 17

text: Chapter VIII – Settlement of disputes

text: The Standing Committee shall use its best endeavours to facilitate a friendly settlement of any difficulty to which the execution of this Convention may give rise.

text: Any dispute between Contracting Parties concerning the interpretation or application of this Convention which has not been settled on the basis of the provisions of the preceding paragraph or by negotiation between the parties concerned shall, unless the said parties agree otherwise, be submitted, at the request of one of them, to arbitration. Each party shall designate an arbitrator and the two arbitrators shall designate a third arbitrator. Subject to the provisions of paragraph 3 of this article, if one of the parties has not designated its arbitrator within the three months following the request for arbitration, he shall be designated at the request of the other party by the President of the European Court of Human Rights within a further three months' period. The same procedure shall be observed if the arbitrators cannot agree on the choice of the third arbitrator within the three months following the designation of the two first arbitrators.

text: In the event of a dispute between two Contracting Parties one of which is a member State of the European Economic Community, the latter itself being a Contracting Party, the other Contracting Party shall address the request for arbitration both to the member State and to the Community, which jointly shall notify it, within two months of receipt of the request, whether the member State or the Community, or the member and the Community jointly, shall be party to the dispute. In the absence of such notification within the said time limit, the member State and the Community shall be considered as being one and the same party to the dispute for the purposes of the application of the provisions governing the constitution and procedure of the arbitration tribunal. The same shall apply when the member State and the Community jointly present themselves as party to the dispute.

text: The arbitration tribunal shall draw up its own Rules of Procedure. Its decisions shall be taken by majority vote. Its award shall be final and binding.

text: Each party to the dispute shall bear the expenses of the arbitrator designated by it and the parties shall share equally the expenses of the third arbitrator, as well as other costs entailed by the arbitration.

text: Article 18

text: Chapter IX – Final provisions

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

text: Up until the date when the Convention enters into force, it shall also be open for signature by any other State so invited by the Committee of Ministers.

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

text: The Convention 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 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 the preceding paragraph.

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

text: Article 19

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the Contracting Parties, may invite to accede to the Convention any non-member State of the Council which, invited to sign in accordance with the provisions of

text: Article 19

text: , has not yet done so, and any other non-member State.

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

text: Article 20

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

text: Any Contracting Party may, when depositing its instrument of ratification, acceptance, approval or accession or 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 specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.

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

text: Article 21

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, make one or more reservations regarding certain species specified in Appendices I to III and/or, for certain species mentioned in the reservation or reservations, regarding certain means or methods of killing, capture and other exploitation listed in Appendix IV. No reservations of a general nature may be made.

text: Any Contracting Party which extends the application of this Convention to a territory mentioned in the declaration referred to in paragraph 2 of

text: Article 21

text: may, in respect of the territory concerned, make one or more reservations in accordance with the provisions of the preceding paragraph.

text: No other reservation may be made.

text: Any Contracting Party which has made a reservation under paragraphs 1 and 2 of this article may wholly or partly withdraw it by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect as from the date of receipt of the notification by the Secretary General.

text: Article 22

text: Any Contracting 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 expiry of a period of six months after the date of receipt of the notification by the Secretary General.

text: Article 23

text: The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any signatory State, the European Economic Community if a signatory of this Convention and any Contracting Party of:

text: any signature;

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

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

text: Articles 19

text: and 20; d any information forwarded under the provisions of paragraph 3 of

text: Article 13

text: ; e any report established in pursuance of the provisions of

text: Article 15

text: ; f any amendment or any new appendix adopted in accordance with

text: Articles 16

text: and 17 and the date on which the amendment or new appendix comes into force; g any declaration made under the provisions of paragraphs 2 and 3 of

text: Article 21

text: ; h any reservation made under the provisions of paragraphs 1 and 2 of

text: Article 22

text: ; i the withdrawal of any reservation carried out under the provisions of paragraph 4 of

text: Article 22

text: ; j any notification made under the provisions of

text: Article 23

text: and the date on which the denunciation takes effect.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Bern, this 19th day of September 1979, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to any signatory State, to the European Economic Community if a signatory and to any State invited to sign this Convention or to accede thereto.

text: Article 24


doctype: treaty

identifier: ETS No. 105

openingPlace: Luxembourg

publisher: Council of Europe Treaty Office

reference: ETS No. 105

title: European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children

text: European Treaty Series - No. 105

type: stycke

text: European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children

text: Luxemburg, 20.V.1980

text: The member States of the Council of Europe, signatory hereto, Recognising that in the member States of the Council of Europe the welfare of the child is of overriding importance in reaching decisions concerning his custody; Considering that the making of arrangements to ensure that decisions concerning the custody of a child can be more widely recognised and enforced will provide greater protection of the welfare of children; Considering it desirable, with this end in view, to emphasise that the right of access of parents is a normal corollary to the right of custody; Noting the increasing number of cases where children have been improperly removed across an international frontier and the difficulties of securing adequate solutions to the problems caused by such cases; Desirous of making suitable provision to enable the custody of children which has been arbitrarily interrupted to be restored; Convinced of the desirability of making arrangements for this purpose answering to different needs and different circumstances; Desiring to establish legal co-operation between their authorities, Have agreed as follows:

text: For the purposes of this Convention: a child means a person of any nationality, so long as he is under 16 years of age and has not the right to decide on his own place of residence under the law of his habitual residence, the law of his nationality or the internal law of the State addressed; b authority means a judicial or administrative authority; c decision relating to custody means a decision of an authority in so far as it relates to the care of the person of the child, including the right to decide on the place of his residence, or to the right of access to him;

text: ETS 105 – Decisions concerning Custody of Children20.V.1980 __________________________________________________________________________________

ordinal: d

text: improper removal means the removal of a child across an international frontier in breach of a decision relating to his custody which has been given in a Contracting State and which is enforceable in such a State; improper removal also includes: i the failure to return a child across an international frontier at the end of a period of the exercise of the right of access to this child or at the end of any other temporary stay in a territory other than that where the custody is exercised; ii a removal which is subsequently declared unlawful within the meaning of

text: Article 12

type: punkt

text: Article 1

type: artikel

text: Part 1 – Central authorities

type: rubrik

text: Each Contracting State shall appoint a central authority to carry out the functions provided for by this Convention. 2 Federal States and States with more than one legal system shall be free to appoint more than one central authority and shall determine the extent of their competence. 3 The Secretary General of the Council of Europe shall be notified of any appointment under this article.

text: Article 2

text: The central authorities of the Contracting States shall co-operate with each other and promote co-operation between the competent authorities in their respective countries. They shall act with all necessary despatch. 2 With a view to facilitating the operation of this Convention, the central authorities of the Contracting States: a shall secure the transmission of requests for information coming from competent authorities and relating to legal or factual matters concerning pending proceedings; b shall provide each other on request with information about their law relating to the custody of children and any changes in that law; c shall keep each other informed of any difficulties likely to arise in applying the Convention and, as far as possible, eliminate obstacles to its application.

text: Article 3

text: Any person who has obtained in a Contracting State a decision relating to the custody of a child and who wishes to have that decision recognised or enforced in another Contracting State may submit an application for this purpose to the central authority in any Contracting State. 2 The application shall be accompanied by the documents mentioned in

text: Article 13

text: . 3 The central authority receiving the application, if it is not the central authority in the State addressed, shall send the documents directly and without delay to that central authority. 4 The central authority receiving the application may refuse to intervene where it is manifestly clear that the conditions laid down by this Convention are not satisfied.

text: The central authority receiving the application shall keep the applicant informed without delay of the progress of his application.

text: Article 4

ordinal: a

text: to discover the whereabouts of the child;

ordinal: b

text: to avoid, in particular by any necessary provisional measures, prejudice to the interests of the child or of the applicant;

ordinal: c

text: to secure the recognition or enforcement of the decision;

text: to secure the delivery of the child to the applicant where enforcement is granted;

ordinal: e

text: to inform the requesting authority of the measures taken and their results.

text: The central authority in the State addressed shall take or cause to be taken without delay all steps which it considers to be appropriate, if necessary by instituting proceedings before its competent authorities, in order:

text: Where the central authority in the State addressed has reason to believe that the child is in the territory of another Contracting State it shall send the documents directly and without delay to the central authority of that State.

text: With the exception of the cost of repatriation, each Contracting State undertakes not to claim any payment from an applicant in respect of any measures taken under paragraph 1 of this article by the central authority of that State on the applicant's behalf, including the costs of proceedings and, where applicable, the costs incurred by the assistance of a lawyer.

text: If recognition or enforcement is refused, and if the central authority of the State addressed considers that it should comply with a request by the applicant to bring in that State proceedings concerning the substance of the case, that authority shall use its best endeavours to secure the representation of the applicant in the proceedings under conditions no less favourable than those available to a person who is resident in and a national of that State and for this purpose it may, in particular, institute proceedings before its competent authorities.

text: Article 5

text: communications to the central authority of the State addressed shall be made in the official language or in one of the official languages of that State or be accompanied by a translation into that language;

text: the central authority of the State addressed shall nevertheless accept communications made in English or in French or accompanied by a translation into one of these languages.

text: Subject to any special agreements made between the central authorities concerned and to the provisions of paragraph 3 of this article:

text: Communications coming from the central authority of the State addressed, including the results of enquiries carried out, may be made in the official language or one of the official languages of that State or in English or French.

text: A Contracting State may exclude wholly or partly the provisions of paragraph 1.b of this article. When a Contracting State has made this reservation any other Contracting State may also apply the reservation in respect of that State.

text: Article 6

text: Part II – Recognition and enforcement of decisions and restoration of custody of children

text: A decision relating to custody given in a Contracting State shall be recognised and, where it is enforceable in the State of origin, made enforceable in every other Contracting State.

text: Article 7

text: at the time of the institution of the proceedings in the State where the decision was given or at the time of the improper removal, if earlier, the child and his parents had as their sole nationality the nationality of that State and the child had his habitual residence in the territory of that State, and

text: a request for the restoration was made to a central authority within a period of six months from the date of the improper removal.

text: In the case of an improper removal, the central authority of the State addressed shall cause steps to be taken forthwith to restore the custody of the child where:

text: If, in accordance with the law of the State addressed, the requirements of paragraph 1 of this article cannot be complied with without recourse to a judicial authority, none of the grounds of refusal specified in this Convention shall apply to the judicial proceedings.

text: Where there is an agreement officially confirmed by a competent authority between the person having the custody of the child and another person to allow the other person a right of access, and the child, having been taken abroad, has not been restored at the end of the agreed period to the person having the custody, custody of the child shall be restored in accordance with paragraphs 1.b and 2 of this article. The same shall apply in the case of a decision of the competent authority granting such a right to a person who has not the custody of the child.

text: Article 8

text: in the case of a decision given in the absence of the defendant or his legal representative, the defendant was not duly served with the document which instituted the proceedings or an equivalent document in sufficient time to enable him to arrange his defence; but such a failure to effect service cannot constitute a ground for refusing recognition or enforcement where service was not effected because the defendant had concealed his whereabouts from the person who instituted the proceedings in the State of origin;

text: in the case of a decision given in the absence of the defendant or his legal representative, the competence of the authority giving the decision was not founded:

ordinal: i

text: on the habitual residence of the defendant, or

text: the decision is incompatible with a decision relating to custody which became enforceable in the State addressed before the removal of the child, unless the child has had his habitual residence in the territory of the requesting State for one year before his removal.

text: In cases of improper removal, other than those dealt with in

text: Article 8

text: , in which an application has been made to a central authority within a period of six months from the date of the removal, recognition and enforcement may be refused only if:

text: ii on the last common habitual residence of the child's parents, at least one parent being still habitually resident there, or

text: iii on the habitual residence of the child;

text: Where no application has been made to a central authority, the provisions of paragraph 1 of this article shall apply equally, if recognition and enforcement are requested within six months from the date of the improper removal.

text: In no circumstances may the foreign decision be reviewed as to its substance.

text: Article 9

text: if it is found that the effects of the decision are manifestly incompatible with the fundamental principles of the law relating to the family and children in the State addressed;

text: if it is found that by reason of a change in the circumstances including the passage of time but not including a mere change in the residence of the child after an improper removal, the effects of the original decision are manifestly no longer in accordance with the welfare of the child;

text: if at the time when the proceedings were instituted in the State of origin:

text: the child was a national of the State addressed or was habitually resident there and no such connection existed with the State of origin;

text: if the decision is incompatible with a decision given in the State addressed or enforceable in that State after being given in a third State, pursuant to proceedings begun before the submission of the request for recognition or enforcement, and if the refusal is in accordance with the welfare of the child.

text: In cases other than those covered by

text: Articles 8

text: and 9, recognition and enforcement may be refused not only on the grounds provided for in

text: Article 9

text: but also on any of the following grounds:

text: ii the child was a national both of the State of origin and of the State addressed and was habitually resident in the State addressed;

text: if an ordinary form of review of the original decision has been commenced;

text: if proceedings relating to the custody of the child, commenced before the proceedings in the State of origin were instituted, are pending in the State addressed;

text: if another decision concerning the custody of the child is the subject of proceedings for enforcement or of any other proceedings concerning the recognition of the decision.

text: In the same cases, proceedings for recognition or enforcement may be adjourned on any of the following grounds:

text: Article 10

text: Decisions on rights of access and provisions of decisions relating to custody which deal with the right of access shall be recognised and enforced subject to the same conditions as other decisions relating to custody.

text: However, the competent authority of the State addressed may fix the conditions for the implementation and exercise of the right of access taking into account, in particular, undertakings given by the parties on this matter.

text: Where no decision on the right of access has been taken or where recognition or enforcement of the decision relating to custody is refused, the central authority of the State addressed may apply to its competent authorities for a decision on the right of access, if the person claiming a right of access so requests.

text: Article 11

text: Where, at the time of the removal of a child across an international frontier, there is no enforceable decision given in a Contracting State relating to his custody, the provisions of this Convention shall apply to any subsequent decision, relating to the custody of that child and declaring the removal to be unlawful, given in a Contracting State at the request of any interested person.

text: Article 12

text: Part III – Procedure

text: a document authorising the central authority of the State addressed to act on behalf of the applicant or to designate another representative for that purpose;

text: a copy of the decision which satisfies the necessary conditions of authenticity;

text: in the case of a decision given in the absence of the defendant or his legal representative, a document which establishes that the defendant was duly served with the document which instituted the proceedings or an equivalent document;

text: if applicable, any document which establishes that, in accordance with the law of the State of origin, the decision is enforceable;

text: if possible, a statement indicating the whereabouts or likely whereabouts of the child in the State addressed;

text: proposals as to how the custody of the child should be restored.

text: A request for recognition or enforcement in another Contracting State of a decision relating to custody shall be accompanied by:

text: The documents mentioned above shall, where necessary, be accompanied by a translation according to the provisions laid down in

text: Article 6

text: Article 13

text: Each Contracting State shall apply a simple and expeditious procedure for recognition and enforcement of decisions relating to the custody of a child. To that end it shall ensure that a request for enforcement may be lodged by simple application.

text: Article 14

text: Before reaching a decision under paragraph 1.b of

text: Article 10

text: , the authority concerned in the State addressed: a shall ascertain the child's views unless this is impracticable having regard in particular to his age and understanding; and b may request that any appropriate enquiries be carried out. 2 The cost of enquiries in any Contracting State shall be met by the authorities of the State where they are carried out. 3 Request for enquiries and the results of enquiries may be sent to the authority concerned through the central authorities.

text: Article 15

text: For the purposes of this Convention, no legalisation or any like formality may be required.

text: Article 16

text: Part IV – Reservations

text: A Contracting State may make a reservation that, in cases covered by

text: Articles 8

text: and 9 or either of these Articles, recognition and enforcement of decisions relating to custody may be refused on such of the grounds provided under

text: Article 10

text: as may be specified in the reservation. 2 Recognition and enforcement of decisions given in a Contracting State which has made the reservation provided for in paragraph 1 of this article may be refused in any other Contracting State on any of the additional grounds referred to in that reservation.

text: Article 17

text: A Contracting State may make a reservation that it shall not be bound by the provisions of

text: Article 12

text: . The provisions of this Convention shall not apply to decisions referred to in

text: Article 12

text: which have been given in a Contracting State which has made such a reservation.

text: Article 18

text: Part V – Other instruments

text: This Convention shall not exclude the possibility of relying on any other international instrument in force between the State of origin and the State addressed or on any other law of the State addressed not derived from an international agreement for the purpose of obtaining recognition or enforcement of a decision.

text: Article 19

text: This Convention shall not affect any obligations which a Contracting State may have towards a non-Contracting State under an international instrument dealing with matters governed by this Convention.

text: When two or more Contracting States have enacted uniform laws in relation to custody of children or created a special system of recognition or enforcement of decisions in this field, or if they should do so in the future, they shall be free to apply, between themselves, those laws or that system in place of this Convention or any part of it. In order to avail themselves of this provision the State shall notify their decision to the Secretary General of the Council of Europe. Any alteration or revocation of this decision must also be notified.

text: Article 20

text: Part VI – Final clauses

text: This Convention shall be open for signature by the member States of the Council of Europe. 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 21

text: This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three 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 21

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

text: Article 22

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

text: Article 20

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

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

text: Article 23

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

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

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 six months after the date of receipt of such notification by the Secretary General.

text: Article 24

text: A State which has two or more territorial units in which different systems of law apply in matters of custody of children and of recognition and enforcement of decisions relating to custody may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that this Convention shall apply to all its territorial units or to one or more of them.

text: Such a State may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territorial unit specified in the declaration. In respect of such territorial unit 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 by the Secretary General of such declaration.

text: Any declaration made under the two preceding paragraphs may, in respect of any territorial unit specified in such declaration, be withdrawn by 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 six months after the date of receipt of such notification by the Secretary General.

text: Article 25

text: reference to the law of a person's habitual residence or to the law of a person's nationality shall be construed as referring to the system of law determined by the rules in force in that State or, if there are no such rules, to the system of law with which the person concerned is most closely connected;

text: reference to the State of origin or to the State addressed shall be construed as referring, as the case may, be to the territorial unit where recognition or enforcement of the decision or restoration of custody is requested.

text: In relation to a State which has in matters of custody two or more systems of law of territorial application:

text: Paragraph 1.a of this article also applies mutatis mutandis to States which have in matters of custody two or more systems of law of personal application.

text: Article 26

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it avails itself of one or more of the reservations provided for in paragraph 3 of

text: Article 6

text: Article 17

text: and

text: Article 18

text: of this Convention. No other reservation may be made.

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

text: Article 27

text: At the end of the third year following the date of the entry into force of this Convention and, on his own initiative, at any time after this date, the Secretary General of the Council of Europe shall invite the representatives of the central authorities appointed by the Contracting States to meet in order to study and to facilitate the functioning of the Convention. Any member State of the Council of Europe not being a party to the Convention may be represented by an observer. A report shall be prepared on the work of each of these meetings and forwarded to the Committee of Ministers of the Council of Europe for information.

text: Article 28

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 29

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

text: any signature;

text: Articles 22

text: , 23, 24 and 25;

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 Luxembourg, the 20th day of May 1980, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State invited to accede to this Convention.

text: Article 30


identifier: ETS No. 106

openingPlace: Madrid

reference: ETS No. 106

title: European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities

text: European Treaty Series - No. 106

text: Madrid, 21.V.1980

text: Preamble

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

text: Considering that the aim of the Council of Europe is to achieve a greater unity between its members and to promote co-operation between them;

text: Considering that, as defined in

text: Article 1

text: of the Council of Europe Statute, this aim will be pursued in particular by agreements in the administrative field;

text: Considering that the Council of Europe shall ensure the participation of the territorial communities or authorities of Europe in the achievement of its aim;

text: Considering the potential importance, for the pursuit of this objective, of co-operation between territorial communities or authorities at frontiers in such fields as regional, urban and rural development, environmental protection, the improvement of public facilities and services and mutual assistance in emergencies;

text: Having regard to past experience which shows that co-operation between local and regional authorities in Europe makes it easier for them to carry out their tasks effectively and contributes in particular to the improvement and development of frontier regions;

text: Being resolved to promote such co-operation as far as possible and to contribute in this way to the economic and social progress of frontier regions and to the spirit of fellowship which unites the peoples of Europe,

text: Have agreed as follows:

text: Each Contracting Party undertakes to facilitate and foster transfrontier co-operation between territorial communities or authorities within its jurisdiction and territorial communities or authorities within the jurisdiction of other Contracting Parties. It shall endeavour to promote the conclusion of any agreements and arrangements that may prove necessary for this purpose with due regard to the different constitutional provisions of each Party.

text: ETS 106 – Transfrontier Co-operation (Outline Convention), 21.V.1980 __________________________________________________________________________________

text: Article 1

text: For the purpose of this Convention, transfrontier co-operation shall mean any concerted action designed to reinforce and foster neighbourly relations between territorial communities or authorities within the jurisdiction of two or more Contracting Parties and the conclusion of any agreement and arrangement necessary for this purpose. Transfrontier co-operation shall take place in the framework of territorial communities' or authorities' powers as defined in domestic law. The scope and nature of such powers shall not be altered by this Convention.

text: For the purpose of this Convention, the expression "territorial communities or authorities" shall mean communities, authorities or bodies exercising local and regional functions and regarded as such under the domestic law of each State. However, each Contracting Party may, at the time of signing this Convention or by subsequent notification to the Secretary General of the Council of Europe, name the communities, authorities or bodies, subjects and forms to which it intends to confine the scope of the Convention or which it intends to exclude from its scope.

text: Article 2

text: For the purpose of this Convention the Contracting Parties shall, subject to the provisions of

text: Article 2

text: , paragraph 2, encourage any initiative by territorial communities and authorities inspired by the outline arrangements between territorial communities and authorities drawn up in the Council of Europe. If they judge necessary they may take into consideration the bilateral or multilateral inter-state model agreements drawn up in the Council of Europe and designed to facilitate co-operation between territorial communities and authorities.

text: The arrangements and agreements concluded may be based on the model and outline agreements, statutes and contracts appended to this Convention, numbered 1.1 to 1.5 and 2.1 to 2.6 with whatever changes are required by the particular situation of each

text: . (1)

text: Contracting Party These model and outline agreements, statutes and contracts are intended for guidance only and have no treaty value.

text: If the Contracting Parties deem it necessary to conclude inter-state agreements, these may inter alia establish the context, forms and limits within which territorial communities and authorities concerned with transfrontier co-operation may act. Each agreement may also stipulate the authorities or bodies to which it applies.

text: The above provisions shall not prevent the Contracting Parties from having recourse, by common consent, to other forms of transfrontier co-operation. Similarly, the provisions of this Convention should not be interpreted as invalidating existing agreements on co-operation.

text: Agreements and arrangements shall be concluded with due regard to the jurisdiction provided for by the internal law of each Contracting Party in respect of international relations and general policy and to any rules of control or supervision to which territorial communities or authorities may be subject.

text: To that end, any Contracting Party may, when signing the present Convention or in a later communication to the Secretary General of the Council of Europe, specify the authorities competent under its domestic law to exercise control or supervision with regard to the territorial communities and authorities concerned.

text: ______ (1) Additional model and outline agreements have been authorized for publication; they are appended to this Convention and numbered 1.6 to 1.14 and 2.7 to 2.16.

text: Article 3

text: Each Contracting Party shall endeavour to resolve any legal, administrative or technical difficulties liable to hamper the development and smooth running of transfrontier co-operation and shall consult with the other Contracting Party or Parties concerned to the extent required.

text: Article 4

text: The Contracting Parties shall consider the advisability of granting to territorial communities or authorities engaging in transfrontier co-operation in accordance with the provisions of this Convention the same facilities as if they were co-operating at national level.

text: Article 5

text: Each Contracting Party shall supply to the fullest possible extent any information requested by another Contracting Party in order to facilitate the performance by the latter of its obligations under this Convention.

text: Article 6

text: Each Contracting Party shall see to it that the territorial communities or authorities concerned are informed of the means of action open to them under this Convention.

text: Article 7

text: The Contracting Parties shall forward to the Secretary General of the Council of Europe all relevant information concerning the agreements and arrangements provided for in

text: Article 3

text: Any proposal made by one or more Contracting Parties with a view to adding to or extending this Convention or the model agreements and arrangements shall be communicated to the Secretary General of the Council of Europe. The Secretary General shall then submit it to the Committee of Ministers of the Council of Europe which shall decide on the action to be taken.

text: Article 8

text: This Convention shall be open to signature by the member States of the Council of Europe. It shall be 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: The Convention shall enter into force three months after the date of the deposit of the fourth instrument of ratification, acceptance or approval, provided that at least two of the States having carried out this formality possess a common frontier.

text: In respect of a signatory State ratifying, accepting or approving subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification, acceptance or approval.

text: Article 9

text: After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may decide unanimously to invite any European non-member State to accede thereto. This invitation must receive the express agreement of each of the States which have ratified the Convention.

text: Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit.

text: Article 10

text: Any Contracting Party may, in so far as it is concerned, denounce this Convention by means of notification addressed to the Secretary General of the Council of Europe. 2 Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification.

text: Article 11

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

text: Article 9

text: thereof; d any declaration received in pursuance of the provisions of paragraph 2 of

text: Article 2

text: or of paragraph 5 of

text: Article 3

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

text: Article 11

text: and the date on which denunciation takes effect.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Madrid, the 21st day of May 1980 in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State invited to accede to this Convention.

text: Article 12

type: internationell-overenskommelse


identifier: ETS No. 107

openingPlace: Strasbourg

reference: ETS No. 107

title: European Agreement on Transfer of Responsibility for Refugees

text: European Treaty Series - No. 107

text: Strasbourg, 16.X.1980

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Wishing to further improve the situation of refugees in member States of the Council of Europe; Desirous of facilitating the application of

text: Article 28

text: of the

text: Convention relating to the status of refugees

text: of 28 July 1951 and paragraphs 6 and 11 of its Schedule, in particular as regards the situation where a refugee has lawfully taken up residence in the territory of another Contracting Party; Concerned especially to specify, in a liberal and humanitarian spirit, the conditions on which the responsibility for issuing a travel document is transferred from one Contracting Party to another; Considering that it is desirable to regulate this question in a uniform manner between the member States of the Council of Europe, Have agreed as follows:

text: For the purposes of this Agreement: a "refugee" means a person to whom the

text: of 28 July 1951 or, as the case may be, the

text: Protocol relating to the status of refugees

text: of 31 January 1967 applies; b "travel document" means the travel document issued by virtue of the above-mentioned Convention; c "first State" means a State, Party to this Agreement, which has issued such a travel document; d "second State" means another State, Party to this Agreement, in which a refugee, holder of a travel document issued by the first State, is present.

text: ETS 107 – Transfer of Responsibility for Refugees, 16.X.1980 __________________________________________________________________________________

text: Article 1

text: Responsibility shall be considered to be transferred on the expiry of a period of two years of actual and continuous stay in the second State with the agreement of its authorities or earlier if the second State has permitted the refugee to remain in its territory either on a permanent basis or for a period exceeding the validity of the travel document.

text: This period of two years shall run from the date of admission of the refugee to the territory of the second State or, if such a date cannot be established, from the date on which he presents himself to the authorities of the second State.

text: stays authorised solely for the purpose of studies, training or medical care shall not be taken into account;

text: periods of imprisonment of the refugee imposed in connection with a criminal conviction shall not be taken into account;

text: periods during which the refugee is allowed to remain in the territory of the second State pending an appeal against a decision of refusal of residence or of removal from the territory shall only be taken into account if the decision on the appeal is favourable to the refugee;

text: periods during which the refugee leaves on a temporary basis the territory of the second State for not more than three consecutive months or, on more than one occasion, for not more than six months in total, shall be taken into account, such absences not being deemed to interrupt or suspend the stay.

text: For the calculation of the period specified in paragraph 1 of this Article:

text: Responsibility shall also be deemed to be transferred if readmission of the refugee to the first State can no longer be requested under

text: Article 4

text: Article 2

text: Until the date of transfer of responsibility, the travel document shall be extended or renewed by the first State.

text: The refugee shall not be required to leave the second State to obtain the extension or renewal of his travel document and may for this purpose apply to diplomatic missions or consular posts of the first State.

text: Article 3

text: As long as transfer of responsibility has not occurred in accordance with

text: Article 2

text: , paragraphs 1 and 2, the refugee shall be readmitted to the territory of the first State at any time, even after the expiry of the travel document. In the latter case readmission shall occur on the simple request of the second State, on condition that the request is made during the six months following the expiry of the travel document.

text: If the authorities of the second State do not know the whereabouts of the refugee and for this reason are not able to make the request mentioned in paragraph 1 during the six months following the expiry of the travel document, that request must be made within the six months following the time at which the whereabouts of the refugee become known to the second State, but in no case later than two years after the expiry of the travel document.

text: Article 4

text: From the date of transfer of responsibility: a the responsibility of the first State to extend or renew the travel document of the refugee shall cease; b the second State shall be responsible for issuing a new travel document to the refugee. 2 The second State shall inform the first State that transfer of responsibility has taken place.

text: Article 5

text: After the date of transfer of responsibility, the second State shall, in the interest of family reunification and for humanitarian reasons, facilitate the admission to its territory of the refugee's spouse and minor or dependent children.

text: Article 6

text: The competent authorities of the Parties may communicate directly with each other as regards the application of this Agreement. These authorities shall be specified by each State, when expressing its consent to be bound by the Agreement, by means of a notification addressed to the Secretary General of the Council of Europe.

text: Article 7

text: Nothing in this Agreement shall impair any rights and benefits which have been or which may be granted to refugees independently of this Agreement. 2 None of the provisions of this Agreement shall be interpreted as preventing a Party from extending the benefits of this Agreement to persons who do not fulfil the conditions laid down. 3 The provisions of bilateral agreements concluded between Parties relating to the transfer of responsibility for the issuing of Convention travel documents or to the readmission of refugees in the absence of such a transfer shall cease to be applicable from the date of entry into force of this Agreement between those Parties. Rights and benefits acquired or in the course of being acquired by refugees under such agreements shall not be affected.

text: Article 8

text: This Agreement shall be open for signature by the member States of the Council of Europe, which may express their consent to be bound by: a signature without reservation as to ratification, acceptance or approval, or b signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval. 2 Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

text: Article 9

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

text: Article 9

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

text: Article 10

text: After the entry into force of this Agreement, the Committee of Ministers of the Council of Europe may invite any State not a member of the Council which is a Party to the

text: of 31 January 1967, to accede to the Agreement. The decision to invite shall be taken by the majority provided for by Article 20.d of the Statute and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee.

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

text: Article 11

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 Agreement shall apply.

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

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 six months after the date of receipt of such notification by the Secretary General.

text: Article 12

text: Without prejudice to the provisions of

text: Article 12

text: , this Agreement shall apply to each Party subject to the same limitations and reservations applicable to its obligations under the

text: of 31 January 1967.

text: Article 13

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it avails itself of one or both of the reservations provided for in the Annex to this Agreement. No other reservation may be made.

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

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

text: Article 14

text: Difficulties with regard to the interpretation and application of this Agreement shall be settled by direct consultation between the competent administrative authorities and, if the need arises, through diplomatic channels.

text: Any dispute between Parties concerning the interpretation or application of this Agreement which it has not been possible to settle by negotiation or other means shall, at the request of any party to the dispute, be referred to arbitration. Each party shall nominate an arbitrator and the two arbitrators shall nominate a referee. If any party has not nominated its arbitrator within the three months following the request for arbitration, he shall be nominated at the request of the other party by the President of the European Court of Human Rights. If the latter should be a national of one of the parties to the dispute, this duty shall be carried out by the Vice- President of the Court, or, if the Vice-President is a national of one of the parties to the dispute, by the most senior judge of the Court not being a national of one of the parties to the dispute. The same procedure shall be observed if the arbitrators cannot agree on the choice of referee.

text: The arbitration tribunal shall lay down its own procedure. Its decisions shall be taken by majority vote. Its award shall be final.

text: Article 15

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

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

text: Rights and benefits acquired or in the course of being acquired by refugees under this Agreement shall not be affected in the event of the Agreement being denounced.

text: Article 16

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

text: any signature;

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

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

text: Articles 10

text: , 11 and 12;

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

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

text: Done at Strasbourg, the 16th day of October 1980, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State invited to accede to this Agreement.

text: Annex – Reservations

text: Under paragraph 1 of

text: Article 14

text: of this Agreement, any State may declare:

text: that insofar as it is concerned, transfer of responsibility under the provisions of paragraph 1 of

text: Article 2

text: shall not occur for the reason that it has authorised the refugee to stay in its territory for a period exceeding the validity of the travel document solely for the purposes of studies or training.

text: that it will not accept a request for readmission presented on the basis of the provisions of paragraph 2 of

text: Article 4

text: Article 17


identifier: ETS No. 108

reference: ETS No. 108

title: Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

text: European Treaty Series - No. 108

text: Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

text: Strasbourg, 28.I.1981

text: Preamble

text: The member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve greater unity between its members, based in particular on respect for the rule of law, as well as human rights and fundamental freedoms; Considering that it is desirable to extend the safeguards for everyone's rights and fundamental freedoms, and in particular the right to the respect for privacy, taking account of the increasing flow across frontiers of personal data undergoing automatic processing; Reaffirming at the same time their commitment to freedom of information regardless of frontiers; Recognising that it is necessary to reconcile the fundamental values of the respect for privacy and the free flow of information between peoples, Have agreed as follows:

text: Chapter I – General provisions

text: The purpose of this Convention is to secure in the territory of each Party for every individual, whatever his nationality or residence, respect for his rights and fundamental freedoms, and in particular his right to privacy, with regard to automatic processing of personal data relating to him ("data protection").

text: Article 1 – Object and purpose

text: For the purposes of this Convention: a "personal data" means any information relating to an identified or identifiable individual ("data subject"); b "automated data file" means any set of data undergoing automatic processing; c "automatic processing" includes the following operations if carried out in whole or in part by automated means: storage of data, carrying out of logical and/or arithmetical operations on those data, their alteration, erasure, retrieval or dissemination;

text: ETS 108 – Automatic Processing of Personal Data, 28.I.1981 __________________________________________________________________________________

text: "controller of the file" means the natural or legal person, public authority, agency or any other body who is competent according to the national law to decide what should be the purpose of the automated data file, which categories of personal data should be stored and which operations should be applied to them.

text: Article 2 – Definitions

text: The Parties undertake to apply this Convention to automated personal data files and automatic processing of personal data in the public and private sectors.

text: that it will not apply this Convention to certain categories of automated personal data files, a list of which will be deposited. In this list it shall not include, however, categories of automated data files subject under its domestic law to data protection provisions. Consequently, it shall amend this list by a new declaration whenever additional categories of automated personal data files are subjected to data protection provisions under its domestic law;

text: that it will also apply this Convention to information relating to groups of persons, associations, foundations, companies, corporations and any other bodies consisting directly or indirectly of individuals, whether or not such bodies possess legal personality;

text: that it will also apply this Convention to personal data files which are not processed automatically.

text: Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any later time, give notice by a declaration addressed to the Secretary General of the Council of Europe:

text: Any State which has extended the scope of this Convention by any of the declarations provided for in sub-paragraph 2.b or c above may give notice in the said declaration that such extensions shall apply only to certain categories of personal data files, a list of which will be deposited.

text: Any Party which has excluded certain categories of automated personal data files by a declaration provided for in sub-paragraph 2.a above may not claim the application of this Convention to such categories by a Party which has not excluded them.

text: Likewise, a Party which has not made one or other of the extensions provided for in subparagraphs 2.b and c above may not claim the application of this Convention on these points with respect to a Party which has made such extensions.

text: The declarations provided for in paragraph 2 above shall take effect from the moment of the entry into force of the Convention with regard to the State which has made them if they have been made at the time of signature or deposit of its instrument of ratification, acceptance, approval or accession, or three months after their receipt by the Secretary General of the Council of Europe if they have been made at any later time. These declarations may be withdrawn, in whole or in part, by a notification addressed to the Secretary General of the Council of Europe. Such withdrawals shall take effect three months after the date of receipt of such notification.

text: Article 3 – Scope

text: Chapter II – Basic principles for data protection

text: Each Party shall take the necessary measures in its domestic law to give effect to the basic principles for data protection set out in this chapter.

text: These measures shall be taken at the latest at the time of entry into force of this Convention in respect of that Party.

text: Article 4 – Duties of the Parties

text: Personal data undergoing automatic processing shall be: a obtained and processed fairly and lawfully; b stored for specified and legitimate purposes and not used in a way incompatible with those purposes; c adequate, relevant and not excessive in relation to the purposes for which they are stored; d accurate and, where necessary, kept up to date; e preserved in a form which permits identification of the data subjects for no longer than is required for the purpose for which those data are stored.

text: Article 5 – Quality of data

text: Personal data revealing racial origin, political opinions or religious or other beliefs, as well as personal data concerning health or sexual life, may not be processed automatically unless domestic law provides appropriate safeguards. The same shall apply to personal data relating to criminal convictions.

text: Article 6 – Special categories of data

text: Appropriate security measures shall be taken for the protection of personal data stored in automated data files against accidental or unauthorised destruction or accidental loss as well as against unauthorised access, alteration or dissemination.

text: Article 7 – Data security

text: Any person shall be enabled: a to establish the existence of an automated personal data file, its main purposes, as well as the identity and habitual residence or principal place of business of the controller of the file; b to obtain at reasonable intervals and without excessive delay or expense confirmation of whether personal data relating to him are stored in the automated data file as well as communication to him of such data in an intelligible form; c to obtain, as the case may be, rectification or erasure of such data if these have been processed contrary to the provisions of domestic law giving effect to the basic principles set out in

text: Articles 5

text: and 6 of this Convention; d to have a remedy if a request for confirmation or, as the case may be, communication, rectification or erasure as referred to in paragraphs b and c of this article is not complied with.

text: Article 8 – Additional safeguards for the data subject

text: No exception to the provisions of

text: Articles 5

text: , 6 and 8 of this Convention shall be allowed except within the limits defined in this article.

text: protecting State security, public safety, the monetary interests of the State or the suppression of criminal offences;

text: protecting the data subject or the rights and freedoms of others.

text: Derogation from the provisions of

text: Articles 5

text: , 6 and 8 of this Convention shall be allowed when such derogation is provided for by the law of the Party and constitutes a necessary measure in a democratic society in the interests of:

text: Restrictions on the exercise of the rights specified in

text: Article 8

text: , paragraphs b, c and d, may be provided by law with respect to automated personal data files used for statistics or for scientific research purposes when there is obviously no risk of an infringement of the privacy of the data subjects.

text: Article 9 – Exceptions and restrictions

text: Each Party undertakes to establish appropriate sanctions and remedies for violations of provisions of domestic law giving effect to the basic principles for data protection set out in this chapter.

text: Article 10 – Sanctions and remedies

text: None of the provisions of this chapter shall be interpreted as limiting or otherwise affecting the possibility for a Party to grant data subjects a wider measure of protection than that stipulated in this Convention.

text: Article 11 – Extended protection

text: Chapter III – Transborder data flows

text: The following provisions shall apply to the transfer across national borders, by whatever medium, of personal data undergoing automatic processing or collected with a view to their being automatically processed.

text: A Party shall not, for the sole purpose of the protection of privacy, prohibit or subject to special authorisation transborder flows of personal data going to the territory of another Party.

text: insofar as its legislation includes specific regulations for certain categories of personal data or of automated personal data files, because of the nature of those data or those files, except where the regulations of the other Party provide an equivalent protection;

text: when the transfer is made from its territory to the territory of a non-Contracting State through the intermediary of the territory of another Party, in order to avoid such transfers resulting in circumvention of the legislation of the Party referred to at the beginning of this paragraph.

text: Nevertheless, each Party shall be entitled to derogate from the provisions of paragraph 2:

text: Article 12 – Transborder flows of personal data and domestic law

text: Chapter IV – Mutual assistance

text: The Parties agree to render each other mutual assistance in order to implement this Convention. 2 For that purpose: a each Party shall designate one or more authorities, the name and address of each of which it shall communicate to the Secretary General of the Council of Europe; b each Party which has designated more than one authority shall specify in its communication referred to in the previous sub-paragraph the competence of each authority. 3 An authority designated by a Party shall at the request of an authority designated by another Party: a furnish information on its law and administrative practice in the field of data protection; b take, in conformity with its domestic law and for the sole purpose of protection of privacy, all appropriate measures for furnishing factual information relating to specific automatic processing carried out in its territory, with the exception however of the personal data being processed.

text: Article 13 – Co-operation between Parties

text: Each Party shall assist any person resident abroad to exercise the rights conferred by its domestic law giving effect to the principles set out in

text: Article 8

text: of this Convention. 2 When such a person resides in the territory of another Party he shall be given the option of submitting his request through the intermediary of the authority designated by that Party. 3 The request for assistance shall contain all the necessary particulars, relating inter alia to: a the name, address and any other relevant particulars identifying the person making the request; b the automated personal data file to which the request pertains, or its controller; c the purpose of the request.

text: Article 14 – Assistance to data subjects resident abroad

text: An authority designated by a Party which has received information from an authority designated by another Party either accompanying a request for assistance or in reply to its own request for assistance shall not use that information for purposes other than those specified in the request for assistance. 2 Each Party shall see to it that the persons belonging to or acting on behalf of the designated authority shall be bound by appropriate obligations of secrecy or confidentiality with regard to that information.

text: In no case may a designated authority be allowed to make under

text: Article 14

text: , paragraph 2, a request for assistance on behalf of a data subject resident abroad, of its own accord and without the express consent of the person concerned.

text: Article 15 – Safeguards concerning assistance rendered by designated authorities

text: A designated authority to which a request for assistance is addressed under

text: Articles 13

text: or 14 of this Convention may not refuse to comply with it unless: a the request is not compatible with the powers in the field of data protection of the authorities responsible for replying; b the request does not comply with the provisions of this Convention; c compliance with the request would be incompatible with the sovereignty, security or public policy (ordre public) of the Party by which it was designated, or with the rights and fundamental freedoms of persons under the jurisdiction of that Party.

text: Article 16 – Refusal of requests for assistance

text: Mutual assistance which the Parties render each other under

text: Article 13

text: and assistance they render to data subjects abroad under

text: Article 14

text: shall not give rise to the payment of any costs or fees other than those incurred for experts and interpreters. The latter costs or fees shall be borne by the Party which has designated the authority making the request for assistance. 2 The data subject may not be charged costs or fees in connection with the steps taken on his behalf in the territory of another Party other than those lawfully payable by residents of that Party. 3 Other details concerning the assistance relating in particular to the forms and procedures and the languages to be used, shall be established directly between the Parties concerned.

text: Article 17 – Costs and procedures of assistance

text: Chapter V – Consultative Committee

text: A Consultative Committee shall be set up after the entry into force of this Convention. 2 Each Party shall appoint a representative to the committee and a deputy representative. Any member State of the Council of Europe which is not a Party to the Convention shall have the right to be represented on the committee by an observer. 3 The Consultative Committee may, by unanimous decision, invite any non-member State of the Council of Europe which is not a Party to the Convention to be represented by an observer at a given meeting.

text: Article 18 – Composition of the committee

text: The Consultative Committee: a may make proposals with a view to facilitating or improving the application of the Convention; b may make proposals for amendment of this Convention in accordance with

text: Article 21

text: shall formulate its opinion on any proposal for amendment of this Convention which is referred to it in accordance with

text: Article 21

text: , paragraph 3;

text: may, at the request of a Party, express an opinion on any question concerning the application of this Convention.

text: Article 19 – Functions of the committee

text: The Consultative Committee shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within twelve months of the entry into force of this Convention. It shall subsequently meet at least once every two years and in any case when one-third of the representatives of the Parties request its convocation.

text: A majority of representatives of the Parties shall constitute a quorum for a meeting of the Consultative Committee.

text: After each of its meetings, the Consultative Committee shall submit to the Committee of Ministers of the Council of Europe a report on its work and on the functioning of the Convention.

text: Subject to the provisions of this convention, the Consultative Committee shall draw up its own Rules of Procedure.

text: Article 20 – Procedure

text: Chapter VI – Amendments

text: Amendments to this Convention may be proposed by a Party, the Committee of Ministers of the Council of Europe or the Consultative Committee.

text: Any proposal for amendment shall be communicated by the Secretary General of the Council of Europe to the member States of the Council of Europe and to every non-member State which has acceded to or has been invited to accede to this Convention in accordance with the provisions of

text: Article 23

text: Moreover, any amendment proposed by a Party or the Committee of Ministers shall be communicated to the Consultative Committee, which shall submit to the Committee of Ministers its opinion on that proposed amendment.

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

text: The text of any amendment approved by the Committee of Ministers in accordance with paragraph 4 of this article shall be forwarded to the Parties for acceptance.

text: Any amendment approved in accordance with paragraph 4 of this article shall come into force on the thirtieth day after all Parties have informed the Secretary General of their acceptance thereof.

text: Article 21 – Amendments

text: Chapter VII – Final clauses

text: This Convention shall be open for signature by the member States of the Council of Europe. 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: 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 member States of the Council of Europe have expressed their consent to be bound by the Convention in accordance with the provisions of the preceding paragraph.

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

text: Article 22 – Entry into force

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

text: Article 20

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

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

text: Article 23 – Accession by non-member States

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

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

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

text: Article 24 – Territorial clause

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

text: Article 25 – 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: Article 26 – Denunciation

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

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

text: Articles 22

text: , 23 and 24; d any other act, notification or communication relating to this Convention.

text: In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Strasbourg, the 28th day of January 1981, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State invited to accede to this Convention.

text: Article 27 – Notifications