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Council of Europe Treaty Series |
The member States of the Council of Europe, signatory to this Protocol,
Having found it necessary to amend Chapter I of the Convention on the Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality, signed in Strasbourg on 6 May 1963, hereinafter referred to as "the Convention";
Considering the large number of migrants who have settled permanently in the member States of the Council of Europe and the need to complete their integration, particularly in the case of second-generation migrants, in the host State, through the acquisition of the nationality of that State;
Considering the large number of mixed marriages in member States and the need to facilitate acquisition by one spouse of the nationality of the other spouse and the acquisition by their children of the nationality of both parents, in order to encourage unity of nationality within the same family;
Considering that conservation of the nationality of origin is an important factor in achieving these objectives, having regard to Resolutions (77) 12 and 13 of the Council of Europe on the nationality of spouses of different nationalities and nationality of children born in wedlock as well as to developments in the relevant legislation of member States,
Have agreed as follows:
Article 1
In Article 1 of the Convention three new paragraphs are added as follows:
"5 Notwithstanding the provisions of paragraphs 1 and, where applicable, 2 above, where a national of a Contracting Party acquires the nationality of another Contracting Party on whose territory either he was born and is resident, or has been ordinarily resident for a period of time beginning before the age of 18, each of these Parties may provide that he retains the nationality of origin.
6 Notwithstanding the provisions of paragraphs 1 and, where applicable, 2 and 5 above, in cases of marriage between nationals of different Contracting Parties, each of these Parties may provide that the spouse, who acquires of his or her own free will the nationality of the other spouse, retains the nationality of origin.
7 Notwithstanding the provisions of paragraph 2 above, where applicable, when a national of a Contracting Party who is a minor and whose parents are nationals of different Contracting Parties acquires the nationality of one of his parents, each of these Parties may provide that he retains the nationality of origin."
Article 2
The provisions of Article 4 of the Convention shall not apply to matters covered by this Protocol.
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
No reservation may be made in respect of the provisions of this Protocol.
Article 9
The Secretary General of the Council of Europe shall notify the member States of the Council and the governments of any State which has acceded or has been invited to accede to the Convention of:
In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol.
Done at Strasbourg, this 2nd day of February 1993, 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 Protocol.
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