The member States of the Council of Europe, having expressed their consent to be bound
by the United Nations Convention against
Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, done at Vienna on 20 December 1988, hereinafter referred to as
"The Vienna Convention",
Considering that the aim of the Council of Europe is to achieve a greater unity between
its members;
Convinced of the need to pursue a common criminal policy aimed at the protection of
society;
Considering that the fight against serious crime, which has become an increasingly
international problem, calls for close co-operation
on an international scale;
Desiring to increase their co-operation to the fullest possible extent in the suppression
of illicit traffic in narcotic drugs and
psychotropic substances by sea, in conformity
with the international law of the sea and in full respect of the principle of right
of
freedom of navigation;
Considering, therefore, that Article 17 of the Vienna Convention should be supplemented by
a regional agreement to carry out, and
to enhance the effectiveness of the provisions of
that article,
Have agreed as follows:
Section 1 General provisions
Article 2 General principles
- The Parties shall co-operate to the fullest extent possible to suppress illicit traffic
in narcotic drugs and psychotropic substances
by sea, in conformity with the international
law of the sea.
- In the implementation of this Agreement the Parties shall endeavour to ensure that their
actions maximise the effectiveness of
law enforcement measures against illicit traffic in
narcotic drugs and psychotropic substances by sea.
- Any action taken in pursuance of this Agreement shall take due account of the need not
to interfere with or affect the rights
and obligations of and the exercise of jurisdiction
by coastal States, in accordance with the international law of the sea.
- Nothing in this Agreement shall be so construed as to infringe the principle of non
bis in idem, as applied in national law.
- The Parties recognise the value of gathering and exchanging information concerning
vessels, cargo and facts, whenever they consider
that such exchange of information could
assist a Party in the suppression of illicit traffic in narcotic drugs and psychotropic
substances by sea.
- Nothing in this Agreement affects the immunities of warships and other government
vessels operated for non-commercial purposes.
Article 3 Jurisdiction
- Each Party shall take such measures as may be necessary to establish its jurisdiction
over the relevant offences when the offence
is committed on board a vessel flying its
flag.
- For the purposes of applying this Agreement, each Party shall take such measures as may
be necessary to establish its jurisdiction
over the relevant offences committed on board a
vessel flying the flag or displaying the marks of registry or bearing any other
indication
of nationality of any other Party to this Agreement. Such jurisdiction shall be exercised
only in conformity with
this Agreement.
- For the purposes of applying this Agreement, each Party shall take such measures as may
be necessary to establish its jurisdiction
over the relevant offences committed on board a
vessel which is without nationality, or which is assimilated to a vessel without
nationality under international law.
- The flag State has preferential jurisdiction over any relevant offence committed on
board its vessel.
- Each State may, at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession,
or at any later date, by a declaration
addressed to the Secretary General of the Council of Europe, inform the other Parties
to
the agreement of the criteria it intends to apply in respect of the exercise of the
jurisdiction established pursuant
to paragraph 2 of this article.
- Any State which does not have in service warships, military aircraft or other government
ships or aircraft operated for non-commercial
purposes, which would enable it to become an
intervening State under this Agreement may, at the time of signature or when depositing
its instrument of ratification, acceptance, approval or accession, by a declaration
addressed to the Secretary General of
the Council of Europe declare that it will not apply
paragraphs 2 and 3 of this Article. A State which has made such a declaration
is under the
obligation to withdraw it when the circumstances justifying the reservation no longer
exist.
Article 4 Assistance to flag States
- A Party which has reasonable grounds to suspect that a vessel flying its flag is engaged
in or being used for the commission of
a relevant offence, may request the assistance of
other Parties in suppressing its use for that purpose. The Parties so requested
shall
render such assistance within the means available to them.
- In making its request, the flag State may, inter alia, authorise the requested
Party, subject to any conditions or limitations which may be imposed, to take some or all
of the
actions specified in this Agreement.
- When the requested Party agrees to act upon the authorisation of the flag State given to
it in accordance with paragraph 2, the
provisions of this Agreement in respect of the
rights and obligations of the intervening State and the flag State shall, where
appropriate and unless otherwise specified, apply to the requested and requesting Party,
respectively.
Article 5 Vessels without nationality
- A Party which has reasonable grounds to suspect that a vessel without nationality, or
assimilated to a vessel without nationality
under international law, is engaged in or
being used for the commission of a relevant offence, shall inform such other Parties
as
appear most closely affected and may request the assistance of any such Party in
suppressing its use for that purpose.
The Party so requested shall render such assistance
within the means available to it.
- Where a Party, having received information in accordance with paragraph 1, takes action
it shall be for that Party to determine
what actions are appropriate and to exercise its
jurisdiction over any relevant offences which may have been committed by any
persons on
board the vessel.
- Any Party which has taken action under this article shall communicate as soon as
possible to the Party which has provided information,
or made a request for assistance,
the results of any action taken in respect of the vessel and any persons on board.
Section 2 Authorisation procedures
Article 6 Basic rules on authorisation
Where the intervening State has reasonable grounds to suspect that a vessel, which is
flying the flag or displaying the marks of
registry of another Party or bears any other
indications of nationality of the vessel, is engaged in or being used for the commission
of a relevant offence, the intervening State may request the authorisation of the flag
State to stop and board the vessel in
waters beyond the territorial sea of any Party, and
to take some or all of the other actions specified in this Agreement. No such
actions may
be taken by virtue of this Agreement, without the authorisation of the flag State.
Article 7 Decision on the request for authorisation
The flag State shall immediately acknowledge receipt of a request for authorisation
under Article 6 and shall communicate a decision
thereon as soon as possible and, wherever
practicable, within four hours of receipt of the request.
Article 8 Conditions
- If the flag State grants the request, such authorisation may be made subject to
conditions or limitations. Such conditions or
limitations may, in particular, provide that
the flag State's express authorisation be given before any specified steps are taken
by
the intervening State.
- Each State may, at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession,
by declaration addressed to the Secretary
General of the Council of Europe declare that, when acting as an intervening State,
it may
subject its intervention to the condition that persons having its nationality who are
surrendered to the flag State
under Article 15 and there convicted of a relevant offence,
shall have the possibility to be transferred to the intervening State
to serve the
sentence imposed.
Section 3 Rules governing action
Article 9 Authorised actions
- Having received the authorisation of the flag State, and subject to the conditions or
limitations, if any, made under Article
8, paragraph 1, the intervening State may take the
following actions:
-
- stop and board the vessel;
- establish effective control of the vessel and over any person thereon;
- take any action provided for in sub-paragraph ii of this article which is considered
necessary to establish whether a relevant
offence has been committed and to secure any
evidence thereof;
- require the vessel and any persons thereon to be taken into the territory of the
intervening State and detain the vessel there
for the purpose of carrying out further
investigations;
- and, having established effective control of the vessel:
- search the vessel, anyone on it and anything in it, including its cargo;
- open or require the opening of any containers, and test or take samples of anything on
the vessel;
- require any person on the vessel to give information concerning himself or anything on
the vessel;
- require the production of documents, books or records relating to the vessel or any
persons or objects on it, and make photographs
or copies of anything the production of
which the competent authorities have the power to require;
- seize, secure and protect any evidence or material discovered on the vessel.
- Any action taken under paragraph 1 of this article shall be without prejudice to any
right existing under the law of the intervening
State of suspected persons not to
incriminate themselves.
Article 10 Enforcement measures
- Where, as a result of action taken under Article 9, the intervening State has evidence
that a relevant offence has been committed
which would be sufficient under its laws to
justify its either arresting the persons concerned or detaining the vessel, or both,
it
may so proceed.
- The intervening State shall, without delay, notify the flag State of steps taken under
paragraph 1 above.
- The vessel shall not be detained for a period longer than that which is strictly
necessary to complete the investigations into
relevant offences. Where there are
reasonable grounds to suspect that the owners of the vessel are directly involved in a
relevant offence, the vessel and its cargo may be further detained on completion of the
investigation. Persons not suspected
of any relevant offence and objects not required as
evidence shall be released.
- Notwithstanding the provisions of the preceding paragraph, the intervening State and the
flag State may agree with a third State,
Party to this Agreement, that the vessel may be
taken to the territory of that third State and, once the vessel is in that territory,
the
third State shall be treated for the purposes of this Agreement as an intervening State.
Article 11 Execution of action
- Actions taken under Articles 9 and 10 shall be governed by the law of the intervening
State.
- Actions under Article 9, paragraph 1 a, b and d, shall be carried out only by warships
or military aircraft, or by other ships
or aircraft clearly marked and identifiable as
being on government service and authorised to that effect.
-
- An official of the intervening State may not be prosecuted in the flag State for any act
performed in the exercise of his functions.
In such a case, the official shall be liable
to prosecution in the intervening State as if the elements constituting the offence
had
been committed within the jurisdiction of that State.
- In any proceedings instituted in the flag State, offences committed against an official
of the intervening State with respect
to actions carried out under Articles 9 and 10 shall
be treated as if they had been committed against an official of the flag
State.
- The master of a vessel which has been boarded in accordance with this Agreement shall be
entitled to communicate with the authorities
of the vessel's flag State as well as with
the owners or operators of the vessel for the purpose of notifying them that the vessel
has been boarded. However, the authorities of the intervening State may prevent or delay
any communication with the owners
or operators of the vessel if they have reasonable
grounds for believing that such communication would obstruct the investigations
into a
relevant offence.
Article 12 Operational safeguards
- In the application of this Agreement, the Parties concerned shall take due account of
the need not to endanger the safety of life
at sea, the security of the vessel and cargo
and not to prejudice any commercial or legal interest. In particular, they shall
take into
account:
- the dangers involved in boarding a vessel at sea, and give consideration to whether this
could be more safely done at the vessel's
next port of call;
- the need to minimise any interference with the legitimate commercial activities of a
vessel;
- the need to avoid unduly detaining or delaying a vessel;
- the need to restrict the use of force to the minimum necessary to ensure compliance with
the instructions of the intervening
State.
- The use of firearms against, or on, the vessel shall be reported as soon as possible to
the flag State.
- The death, or injury, of any person aboard the vessel shall be reported as soon as
possible to the flag State. The authorities
of the intervening State shall fully
co-operate with the authorities of the flag State in any investigation the flag State may
hold into any such death or injury.
Section 4 Rules governing the exercise of jurisdiction
Article 13 Evidence of offences
- To enable the flag State to decide whether to exercise its preferential jurisdiction in
accordance with the provisions of Article
14, the intervening State shall without delay
transmit to the flag State a summary of the evidence of any offences discovered
as a
result of action taken pursuant to Article 9. The flag State shall acknowledge receipt of
the summary forthwith.
- If the intervening State discovers evidence which leads it to believe that offences
outside the scope of this Agreement may have
been committed, or that suspect persons not
involved in relevant offences are on board the vessel, it shall notify the flag State.
Where appropriate, the Parties involved shall consult.
- The provisions of this Agreement shall be so construed as to permit the intervening
State to take measures, including the detention
of persons, other than those aimed at the
investigation and prosecution of relevant offences, only when:
- the flag State gives its express consent; or
- such measures are aimed at the investigation and prosecution of an offence committed
after the person has been taken into the
territory of the intervening State.
Article 14 Exercise of preferential jurisdiction
- A flag State wishing to exercise its preferential jurisdiction shall do so in accordance
with the provisions of this article.
- It shall notify the intervening State to this effect as soon as possible and at the
latest within fourteen days from the receipt
of the summary of evidence pursuant to
Article 13. If the flag State fails to do this, it shall be deemed to have waived the
exercise of its preferential jurisdiction.
- Where the flag State has notified the intervening State that it exercises its
preferential jurisdiction, the exercise of the jurisdiction
of the intervening State shall
be suspended, save for the purpose of surrendering persons, vessels, cargoes and evidence
in accordance with this Agreement.
- The flag State shall submit the case forthwith to its competent authorities for the
purpose of prosecution.
- Measures taken by the intervening State against the vessel and persons on board may be
deemed to have been taken as part of the
procedure of the flag State.
Article 15 Surrender of vessels, cargoes, persons and
evidence
- Where the flag State has notified the intervening State of its intention to exercise its
preferential jurisdiction, and if the
flag State so requests, the persons arrested, the
vessel, the cargo and the evidence seized shall be surrendered to that State
in accordance
with the provisions of this Agreement.
- The request for the surrender of arrested persons shall be supported by, in respect of
each person, the original or a certified
copy of the warrant of arrest or other order
having the same effect, issued by a judicial authority in accordance with the procedure
prescribed by the law of the flag State.
- The Parties shall use their best endeavours to expedite the surrender of persons,
vessels, cargoes and evidence.
- Nothing in this Agreement shall be so construed as to deprive any detained person of his
right under the law of the intervening
State to have the lawfulness of his detention
reviewed by a court of that State, in accordance with procedures established by
its
national law.
- Instead of requesting the surrender of the detained persons or of the vessel, the flag
State may request their immediate release.
Where this request has been made, the
intervening State shall release them forthwith.
Article 16 Capital punishment
If any offence for which the flag State decides to exercise its preferential
jurisdiction in accordance with Article 14 is punishable
by death under the law of that
State, and if in respect of such an offence the death penalty is not provided by the law
of the
intervening State or is not normally carried out, the surrender of any person may
be refused unless the flag State gives such assurances
as the intervening State considers
sufficient that the death penalty will not be carried out.
Section 5 Procedural and other general rules
Article 17 Competent authorities
- Each Party shall designate an authority, which shall be responsible for sending and
answering requests under Articles 6 and 7
of this Agreement. So far as is practicable,
each Party shall make arrangements so that this authority may receive and respond
to the
requests at any hour of any day or night.
- The Parties shall furthermore designate a central authority which shall be responsible
for the notification of the exercise of
preferential jurisdiction under Article 14 and for
all other communications or notifications under this Agreement.
- Each Party shall, at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession,
communicate to the Secretary General of
the Council of Europe the names and addresses of the authorities designated in pursuance
of this article, together with any other information facilitating communication under this
Agreement. Any subsequent change
with respect to the name, address or other relevant
information concerning such authorities shall likewise be communicated to
the Secretary
General.
Article 18 Communication between designated authorities
- The authorities designated under Article 17 shall communicate directly with one another.
- Where, for any reason, direct communication is not practicable, Parties may agree to use
the communication channels of ICPO-Interpol
or of the Customs Co-operation Council.
Article 19 Form of request and languages
- All communications under Articles 4 to 16 shall be made in writing. Modern means of
telecommunications, such as telefax, may be
used.
- Subject to the provisions of paragraph 3 of this article, translations of the requests,
other communications and supporting documents
shall not be required.
- At the time of signature or when depositing its instrument of ratification, acceptance,
approval or accession, any Party may communicate
to the Secretary General of the Council
of Europe a declaration that it reserves the right to require that requests, other
communications and supporting documents sent to it, be made in or accompanied by a
translation into its own language or into
one of the official languages of the Council of
Europe or into such one of these languages as it shall indicate. It may on that
occasion
declare its readiness to accept translations in any other language as it may specify. The
other Parties may apply
the reciprocity rule.
Article 20 Authentication and legalisation
Documents transmitted in application of this Agreement shall be exempt from all
authentication and legalisation formalities.
Article 21 Content of request
A request under Article 6 shall specify:
- the authority making the request and the authority carrying out the investigations or
proceedings;
- details of the vessel concerned, including, as far as possible, its name, a description
of the vessel, any marks of registry
or other signs indicating nationality, as well as its
location, together with a request for confirmation that the vessel has
the nationality of
the requested Party;
- details of the suspected offences, together with the grounds for suspicion;
- the action it is proposed to take and an assurance that such action would be taken if
the vessel concerned had been flying the
flag of the intervening State.
Article 22 Information for owners and masters of vessels
Each Party shall take such measures as may be necessary to inform the owners and
masters of vessels flying their flag that States
Parties to this Agreement may be granted
the authority to board vessels beyond the territorial sea of any Party for the purposes
specified in this Agreement and to inform them in particular of the obligation to comply
with instructions given by a boarding
party from an intervening State exercising that
authority.
Article 23 Restriction of use
The flag State may make the authorisation referred to in Article 6 subject to the
condition that the information or evidence obtained
will not, without its prior consent,
be used or transmitted by the authorities of the intervening State in respect of
investigations
or proceedings other than those relating to relevant offences.
Article 24 Confidentiality
The Parties concerned shall, if this is not contrary to the basic principles of their
national law, keep confidential any evidence
and information provided by another Party in
pursuance of this Agreement, except to the extent that its disclosure is necessary
for the
application of the Agreement or for any investigations or proceedings.
Section 6 Costs and damages
Article 25 Costs
- Unless otherwise agreed by the Parties concerned, the cost of carrying out any action
under Articles 9 and 10 shall be borne by
the intervening State, and the cost of carrying
out action under Articles 4 and 5 shall normally be borne by the Party which
renders
assistance.
- Where the flag State has exercised its preferential jurisdiction in accordance with
Article 14, the cost of returning the vessel
and of transporting suspected persons and
evidence shall be borne by it.
Article 26 Damages
- If, in the process of taking action pursuant to Articles 9 and 10 above, any person,
whether natural or legal, suffers loss, damage
or injury as a result of negligence or some
other fault attributable to the intervening State, it shall be liable to pay compensation
in respect thereof.
- Where the action is taken in a manner which is not justified by the terms of this
Agreement, the intervening State shall be liable
to pay compensation for any resulting
loss, damage or injury. The intervening State shall also be liable to pay compensation
for
any such loss, damage or injury, if the suspicions prove to be unfounded and provided that
the vessel boarded, the operator
or the crew have not committed any act justifying them.
- Liability for any damage resulting from action under Article 4 shall rest with the
requesting State, which may seek compensation
from the requested State where the damage
was a result of negligence or some other fault attributable to that State.
Article 27 Signature and entry into force
- This Agreement shall be open for signature by the member States of the Council of Europe
which have already expressed their consent
to be bound by the Vienna Convention. They may
express their consent to be bound by this Agreement by:
- signature without reservation as to ratification, acceptance or approval; or
- signature subject to ratification, acceptance or approval, followed by ratification,
acceptance or approval.
- Instruments of ratification, acceptance or approval shall be deposited with the
Secretary General of the Council of Europe.
- This Agreement shall enter into force on the first day of the month following the expiry
of a period of three months after the
date on which three member States of the Council of
Europe have expressed their consent to be bound by the Agreement in accordance
with the
provisions of paragraph 1.
- In respect of any signatory State which subsequently expresses its consent to be bound
by it, the Agreement shall enter into force
on the first day of the month following the
expiry of a period of three months after the date of its consent to be bound by the
Agreement in accordance with the provisions of paragraph 1.
Article 28 Accession
- After the entry into force of this Agreement, the Committee of Ministers of the Council
of Europe, after consulting the Contracting
States to the Agreement, may invite any State
which is not a member of the Council but which has expressed its consent to be
bound by
the Vienna Convention to accede to this Agreement, by a decision taken by the majority
provided for in Article 20.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.
- In respect of any acceding State, the Agreement shall enter into force on the first day
of the month following the expiry of a
period of three months after the date of deposit of
the instrument of accession with the Secretary General of the Council of
Europe.
Article 29 Territorial application
- Any State may, at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession,
specify the territory or territories in
respect of which its consent to be bound to this Agreement shall apply.
- Any State may, at any later date, by a declaration addressed to the Secretary General of
the Council of Europe, extend its consent
to be bound by the present Agreement to any
other territory specified in the declaration. In respect of such territory the Agreement
shall enter into force on the first day of the month following the expiry of a period of
three months after the date of receipt
of such declaration by the Secretary General.
- In respect of any territory subject to a declaration under paragraphs 1 and 2 above,
authorities may be designated under Article
17, paragraphs 1 and 2.
- Any declaration made under the preceding paragraphs may, in respect of any territory
specified in such declaration, be withdrawn
by a notification addressed to the Secretary
General. The withdrawal shall become effective on the first day of the month following
the
expiry of a period of three months after the date of receipt of such notification by the
Secretary General.
Article 30 Relationship to other conventions and agreements
- This Agreement shall not affect rights and undertakings deriving from the Vienna
Convention or from any international multilateral
conventions concerning special matters.
- The Parties to the Agreement may conclude bilateral or multilateral agreements with one
another on the matters dealt with in this
Agreement, for the purpose of supplementing or
strengthening its provisions or facilitating the application of the principles
embodied in
it and in Article 17 of the Vienna Convention.
- If two or more Parties have already concluded an agreement or treaty in respect of a
subject dealt with in this Agreement or have
otherwise established their relations in
respect of that subject, they may agree to apply that agreement or treaty or to regulate
those relations accordingly, in lieu of the present Agreement, if it facilitates
international co-operation.
Article 31 Reservations
- 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 Article 3, paragraph 6, Article 19, paragraph
3
and Article 34, paragraph 5. No other reservation may be made.
- Any State which has made a reservation under the preceding paragraph may wholly or
partly withdraw it by means of a notification
addressed to the Secretary General of the
Council of Europe. The withdrawal shall take effect on the date of receipt of such
notification by the Secretary General.
- A Party which has made a reservation in respect of a provision of this Agreement may not
claim the application of that provision
by any other Party. It may, however, if its
reservation is partial or conditional, claim the application of that provision in
so far
as it has itself accepted it.
Article 32 Monitoring committee
- After the entry into force of the present Agreement, a monitoring committee of experts
representing the Parties shall be convened
at the request of a Party to the Agreement by
the Secretary General of the Council of Europe.
- The monitoring committee shall review the working of the Agreement and make appropriate
suggestions to secure its efficient operation.
- The monitoring committee may decide its own procedural rules.
- The monitoring committee may decide to invite States not Parties to the Agreement as
well as international organisations or bodies,
as appropriate, to its meetings.
- Each Party shall send every second year a report on the operation of the Agreement to
the Secretary General of the Council of
Europe in such form and manner as may be decided
by the monitoring committee or the European Committee on Crime Problems. The
monitoring
committee may decide to circulate the information supplied or a report thereon to the
Parties and to such international
organisations or bodies as it deems appropriate.
Article 33 Amendments
- Amendments to this Agreement may be proposed by any Party, and shall be communicated by
the Secretary General of the Council of
Europe to the member States of the Council of
Europe and to every non-member State which has acceded to or has been invited to
accede to
the Agreement in accordance with the provisions of Article 28.
- Any amendment proposed by a Party shall be communicated to the European Committee on
Crime Problems, which shall submit to the
Committee of Ministers its opinion on the
proposed amendment.
- The Committee of Ministers shall consider the proposed amendment and the opinion
submitted by the European Committee on Crime
Problems, and may adopt the amendment.
- The text of any amendment adopted by the Committee of Ministers in accordance with
paragraph 3 of this article shall be forwarded
to the Parties for acceptance.
- Any amendment adopted in accordance with paragraph 3 of this article shall come into
force on the thirtieth day after all the
Parties have informed the Secretary General of
their acceptance thereof.
Article 34 Settlement of disputes
- The European Committee on Crime Problems of the Council of Europe shall be kept informed
of the interpretation and application
of this Agreement.
- In case of a dispute between Parties as to the interpretation or application of this
Agreement, the Parties shall seek a settlement
of the dispute through negotiation or any
other peaceful means of their choice, including submission of the dispute to the European
Committee on Crime Problems, to an arbitral tribunal whose decisions shall be binding upon
the Parties, mediation, conciliation
or judicial process, as agreed upon by the Parties
concerned.
- Any State may, at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession,
or on any later date, by a declaration
addressed to the Secretary General of the Council of Europe, declare that, in respect
of
any dispute concerning the interpretation or application of this Agreement, it recognises
as compulsory, without prior
agreement, and subject to reciprocity, the submission of the
dispute to arbitration in accordance with the procedure set out
in the appendix to this
Agreement.
- Any dispute which has not been settled in accordance with paragraphs 2 or 3 of this
article shall be referred, at the request
of any one of the parties to the dispute, to the
International Court of Justice for decision.
- Any State may, at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession,
by a declaration addressed to the
Secretary General of the Council of Europe, declare that it does not consider itself bound
by paragraph 4 of this article.
- Any Party having made a declaration in accordance with paragraphs 3 or 5 of this article
may at any time withdraw the declaration
by notification to the Secretary General of the
Council of Europe.
Article 35 Denunciation
- Any Party may, at any time, denounce this Agreement by means of a notification addressed
to the Secretary General of the Council
of Europe.
- Such denunciation shall become effective on the first day of the month following the
expiry of a period of three months after
the date of receipt of the notification by the
Secretary General.
- The present Agreement shall, however, continue to remain effective in respect of any
actions or proceedings based on applications
or requests made during the period of its
validity in respect of the denouncing Party.
Article 36 Notifications
The Secretary General of the Council of Europe shall notify the member States of the
Council, any State which has acceded to this
Agreement and the Secretary General of the
United Nations of:
- any signature;
- the deposit of any instrument of ratification, acceptance, approval or accession;
- the name of any authority and any other information communicated pursuant to Article 17;
- any reservation made in accordance with Article 31, paragraph 1;
- the date of entry into force of this Agreement in accordance with Articles 27 and 28;
- any request made under Article 32, paragraph 1, and the date of any meeting convened
under that paragraph;
- any declaration made under Article 3, paragraphs 5 and 6, Article 8, paragraph 2,
Article 19, paragraph 3 and Article 34, paragraphs
3 and 5;
- any other act, notification or communication relating to this Agreement.
In witness whereof the undersigned, being duly authorised thereto, have signed this
Agreement.
Done at Strasbourg, this 31st day of January 1995, in English and in French, both texts
being equally authentic, in a single copy
which shall be deposited in the archives of the
Council of Europe. The Secretary General of the Council of Europe shall transmit
certified
copies to each member State of the Council of Europe and to any State invited to accede to
this Agreement.