Council of Europe Treaty Series

Preamble

The Parties to this Convention,

Conscious of the fact that the right to education is a human right, and that higher education, which is instrumental in the pursuit and advancement of knowledge, constitutes an exceptionally rich cultural and scientific asset for both individuals and society;

Considering that higher education should play a vital role in promoting peace, mutual understanding and tolerance, and in creating mutual confidence among peoples and nations;

Considering that the great diversity of education systems in the European region reflects its cultural, social, political, philosophical, religious and economic diversity, an exceptional asset which should be fully respected;

Desiring to enable all people of the region to benefit fully from this rich asset of diversity by facilitating access by the inhabitants of each State and by the students of each Party's educational institutions to the educational resources of the other Parties, more specifically by facilitating their efforts to continue their education or to complete a period of studies in higher education institutions in those other Parties;

Considering that the recognition of studies, certificates, diplomas and degrees obtained in another country of the European region represents an important measure for promoting academic mobility between the Parties;

Attaching great importance to the principle of institutional autonomy, and conscious of the need to uphold and protect this principle;

Convinced that a fair recognition of qualifications is a key element of the right to education and a responsibility of society;

Having regard to the Council of Europe and Unesco Conventions covering academic recognition in Europe:

Having regard also to the International Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab and European States bordering on the Mediterranean (1976), adopted within the framework of Unesco and partially covering academic recognition in Europe;

Mindful that this Convention should also be considered in the context of the Unesco conventions and the international recommendation covering other Regions of the world, and of the need for an improved exchange of information between these Regions;

Conscious of the wide ranging changes in higher education in the European region since these conventions were adopted, resulting in considerably increased diversification within and between national higher education systems, and of the need to adapt the legal instruments and practice to reflect these developments;

Conscious of the need to find common solutions to practical recognition problems in the European region;

Conscious of the need to improve current recognition practice and to make it more transparent and better adapted to the current situation of higher education in the European region;

Confident of the positive significance of a convention elaborated and adopted under the joint auspices of the Council of Europe and Unesco providing a framework for the further development of recognition practices in the European region;

Conscious of the importance of providing permanent implementation mechanisms in order to put the principles and provisions of the current Convention into practice,

Have agreed as follows:

Article I

For the purposes of this Convention, the following terms shall have the following meaning:

Article II.1

1. Where central authorities of a Party are competent to make decisions in recognition cases, that Party shall be immediately bound by the provisions of this Convention and shall take the necessary measures to ensure the implementation of its provisions on its territory.
   Where the competence to make decisions in recognition matters lies with components of the Party, the Party shall furnish one of the depositories with a brief statement of its constitutional situation or structure at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or any time thereafter. In such cases, the competent authorities of the components of the Parties so designated shall take the necessary measures to ensure implementation of the provisions of this Convention on their territory.
2. Where the competence to make decisions in recognition matters lies with individual higher education institutions or other entities, each Party according to its constitutional situation or structure shall transmit the text of this Convention to these institutions or entities and shall take all possible steps to encourage the favourable consideration and application of its provisions.
3. The provisions of paragraphs 1 and 2 of this article shall apply, mutatis mutandis, to the obligations of the Parties under subsequent articles of this Convention.

Article II.2

At the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any time thereafter, each State, the Holy See or the European Community shall inform either depository of the present Convention of the authorities which are competent to make different categories of decisions in recognition cases.

Article II.3

Nothing in this Convention shall be deemed to derogate from any more favourable provisions concerning the recognition of qualifications issued in one of the Parties contained in or stemming from an existing or a future treaty to which a Party to this Convention may be or may become a party.

Article III.1

1. Holders of qualifications issued in one of the Parties shall have adequate access, upon request to the appropriate body, to an assessment of these qualifications.
2. No discrimination shall be made in this respect on any ground such as the applicant's gender, race, colour, disability, language, religion, political or other opinion, national, ethnic or social origin, association with a national minority, property, birth or other status, or on the grounds of any other circumstance not related to the merits of the qualification for which recognition is sought. In order to assure this right, each Party undertakes to make appropriate arrangements for the assessment of an application for recognition of qualifications solely on the basis of the knowledge and skills achieved.

Article III.2

Each Party shall ensure that the procedures and criteria used in the assessment and recognition of qualifications are transparent, coherent and reliable.

Article III.3

1. Decisions on recognition shall be made on the basis of appropriate information on the qualifications for which recognition is sought.
2. In the first instance, the responsibility for providing adequate information rests with the applicant, who shall provide such information in good faith.
3. Notwithstanding the responsibility of the applicant, the institutions having issued the qualifications in question shall have a duty to provide, upon request of the applicant and within reasonable limits, relevant information to the holder of the qualification, to the institution, or to the competent authorities of the country in which recognition is sought.
4. The Parties shall instruct or encourage, as appropriate, all education institutions belonging to their education systems to comply with any reasonable request for information for the purpose of assessing qualifications earned at the said institutions.
5. The responsibility to demonstrate that an application does not fulfil the relevant requirements lies with the body undertaking the assessment.

Article III.4

Each Party shall ensure, in order to facilitate the recognition of qualifications, that adequate and clear information on its education system is provided.

Article III.5

Decisions on recognition shall be made within a reasonable time limit specified beforehand by the competent recognition authority and calculated from the time all necessary information in the case has been provided. If recognition is withheld, the reasons for the refusal to grant recognition shall be stated, and information shall be given concerning possible measures the applicant may take in order to obtain recognition at a later stage. If recognition is withheld, or if no decision is taken, the applicant shall be able to make an appeal within a reasonable time limit.

Article IV.1

Each Party shall recognise the qualifications issued by other Parties meeting the general requirements for access to higher education in those Parties for the purpose of access to programmes belonging to its higher education system, unless a substantial difference can be shown between the general requirements for access in the Party in which the qualification was obtained and in the Party in which recognition of the qualification is sought.

Article IV.2

Alternatively, it shall be sufficient for a Party to enable the holder of a qualification issued in one of the other Parties to obtain an assessment of that qualification, upon request by the holder, and the provisions of Article IV.1 shall apply mutatis mutandis to such a case.

Article IV.3

Where a qualification gives access only to specific types of institutions or programmes of higher education in the Party in which the qualification was obtained, each other Party shall grant holders of such qualifications access to similar specific programmes in institutions belonging to its higher education system, unless a substantial difference can be demonstrated between the requirements for access in the Party in which the qualification was obtained and the Party in which recognition of the qualification is sought.

Article IV.4

Where admission to particular higher education programmes is dependent on the fulfilment of specific requirements in addition to the general requirements for access, the competent authorities of the Party concerned may impose the additional requirements equally on holders of qualifications obtained in the other Parties or assess whether applicants with qualifications obtained in other Parties fulfil equivalent requirements.

Article IV.5

Where, in the Party in which they have been obtained, school leaving certificates give access to higher education only in combination with additional qualifying examinations as a prerequisite for access, the other Parties may make access conditional on these requirements or offer an alternative for satisfying such additional requirements within their own educational systems. Any State, the Holy See or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any time thereafter, notify one of the depositories that it avails itself of the provisions of this Article, specifying the Parties in regard to which it intends to apply this Article as well as the reasons therefor.

Article IV.6

Without prejudice to the provisions of Articles IV.1, IV.2, IV.3, IV.4 and IV.5, admission to a given higher education institution, or to a given programme within such an institution, may be restricted or selective. In cases in which admission to a higher education institution and/or programme is selective, admission procedures should be designed with a view to ensuring that the assessment of foreign qualifications is carried out according to the principles of fairness and non-discrimination described in Section III.

Article IV.7

Without prejudice to the provisions of Articles IV.1, IV.2, IV.3, IV.4 and IV.5, admission to a given higher education institution may be made conditional on demonstration by the applicant of sufficient competence in the language or languages of instruction of the institution concerned, or in other specified languages.

Article IV.8

In the Parties in which access to higher education may be obtained on the basis of non-traditional qualifications, similar qualifications obtained in other Parties shall be assessed in a similar manner as non-traditional qualifications earned in the Party in which recognition is sought.

Article IV.9

For the purpose of admission to programmes of higher education, each Party may make the recognition of qualifications issued by foreign educational institutions operating in its territory contingent upon specific requirements of national legislation or specific agreements concluded with the Party of origin of such institutions.

Article V.1

Each Party shall recognise periods of study completed within the framework of a higher education programme in another Party. This recognition shall comprise such periods of study towards the completion of a higher education programme in the Party in which recognition is sought, unless substantial differences can be shown between the periods of study completed in another Party and the part of the higher education programme which they would replace in the Party in which recognition is sought.

Article V.2

Alternatively, it shall be sufficient for a Party to enable a person who has completed a period of study within the framework of a higher education programme in another Party to obtain an assessment of that period of study, upon request by the person concerned, and the provisions of Article V.1 shall apply mutatis mutandis to such a case.

Article V.3

In particular, each Party shall facilitate recognition of periods of study when:

1. there has been a previous agreement between, on the one hand, the higher education institution or the competent authority responsible for the relevant period of study and, on the other hand, the higher education institution or the competent recognition authority responsible for the recognition that is sought; and
2. the higher education institution in which the period of study has been completed has issued a certificate or transcript of academic records attesting that the student has successfully completed the stipulated requirements for the said period of study.

Article VI.1

To the extent that a recognition decision is based on the knowledge and skills certified by the higher education qualification, each Party shall recognise the higher education qualifications conferred in another Party, unless a substantial difference can be shown between the qualification for which recognition is sought and the corresponding qualification in the Party in which recognition is sought.

Article VI.2

Alternatively, it shall be sufficient for a Party to enable the holder of a higher education qualification issued in one of the other Parties to obtain an assessment of that qualification, upon request by the holder, and the provisions of Article VI.1 shall apply mutatis mutandis to such a case.

Article VI.3

Recognition in a Party of a higher education qualification issued in another Party shall have one or both of the following consequences:

1. access to further higher education studies, including relevant examinations, and/or to preparations for the doctorate, on the same conditions as those applicable to holders of qualifications of the Party in which recognition is sought;
2. the use of an academic title, subject to the laws and regulations of the Party or a jurisdiction thereof, in which recognition is sought.
3. In addition, recognition may facilitate access to the labour market subject to laws and regulations of the Party, or a jurisdiction thereof, in which recognition is sought.

Article VI.4

An assessment in a Party of a higher education qualification issued in another Party may take the form of:

1. advice for general employment purposes;
2. advice to an educational institution for the purpose of admission into its programmes;
3. advice to any other competent recognition authority.

Article VI.5

Each Party may make the recognition of higher education qualifications issued by foreign educational institutions operating in its territory contingent upon specific requirements of national legislation or specific agreements concluded with the Party of origin of such institutions.

Article VII

Each Party shall take all feasible and reasonable steps within the framework of its education system and in conformity with its constitutional, legal, and regulatory provisions to develop procedures designed to assess fairly and expeditiously whether refugees, displaced persons and persons in a refugee-like situation fulfil the relevant requirements for access to higher education, to further higher education programmes or to employment activities, even in cases in which the qualifications obtained in one of the Parties cannot be proven through documentary evidence.

Article VIII.1

Each Party shall provide adequate information on any institution belonging to its higher education system, and on any programme operated by these institutions, with a view to enabling the competent authorities of other Parties to ascertain whether the quality of the qualifications issued by these institutions justifies recognition in the Party in which recognition is sought. Such information shall take the following form:

1. in the case of Parties having established a system of formal assessment of higher education institutions and programmes: information on the methods and results of this assessment, and of the standards of quality specific to each type of higher education institution granting, and to programmes leading to, higher education qualifications;
2. in the case of Parties which have not established a system of formal assessment of higher education institutions and programmes: information on the recognition of the various qualifications obtained at any higher education institution, or within any higher education programme, belonging to their higher education systems.

Article VIII.2

Each Party shall make adequate provisions for the development, maintenance and provision of:

1. an overview of the different types of higher education institutions belonging to its higher education system, with the typical characteristics of each type of institution;
2. a list of recognised institutions (public and private) belonging to its higher education system, indicating their powers to award different types of qualifications and the requirements for gaining access to each type of institution and programme;
3. a description of higher education programmes;
4. a list of educational institutions located outside its territory which the Party considers as belonging to its education system.

Article IX.1

In order to facilitate the recognition of qualifications concerning higher education, the Parties undertake to establish transparent systems for the complete description of the qualifications obtained.

Article IX.2

1. Acknowledging the need for relevant, accurate and up-to-date information, each Party shall establish or maintain a national information centre and shall notify one of the depositories of its establishment, or of any changes affecting it.
2. In each Party, the national information centre shall:
   1. facilitate access to authoritative and accurate information on the higher education system and qualifications of the country in which it is located;
   2. facilitate access to information on the higher education systems and qualifications of the other Parties;
   3. give advice or information on recognition matters and assessment of qualifications, in accordance with national laws and regulations.

   3 Every national information centre shall have at its disposal the necessary means to enable it to fulfil its functions.

Article IX.3

The Parties shall promote, through the national information centres or otherwise, the use of the Unesco/Council of Europe Diploma Supplement or any other comparable document by the higher education institutions of the Parties.

Article X.1

The following bodies shall oversee, promote and facilitate the implementation of the Convention:

1. the Committee of the Convention on the Recognition of Qualifications concerning Higher Education in the European Region;
2. the European Network of National Information Centres on academic mobility and recognition (the ENIC Network), established by decision of the Committee of Ministers of the Council of Europe on 9 June 1994 and the Unesco Regional Committee for Europe on 18 June 1994.

Article X.2

1. The Committee of the Convention on the Recognition of Qualifications concerning Higher Education in the European Region (hereafter referred to as "the Committee") is hereby established. It shall be composed of one representative of each Party.
2. For the purposes of Article X.2, the term "Party" shall not apply to the European Community.
3. The States mentioned in Article XI.1.1 and the Holy See, if they are not Parties to this Convention, the European Community and the President of the ENIC Network may participate in the meetings of the Committee as observers. Representatives of governmental and non-governmental organisations active in the field of recognition in the Region may also be invited to attend meetings of the Committee as observers.
4. The President of the Unesco Regional Committee for the Application of the Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region shall also be invited to participate in the meetings of the Committee as an observer.
5. The Committee shall promote the application of this Convention and shall oversee its implementation. To this end it may adopt, by a majority of the Parties, recommendations, declarations, protocols and models of good practice to guide the competent authorities of the Parties in their implementation of the Convention and in their consideration of applications for the recognition of higher education qualifications. While they shall not be bound by such texts, the Parties shall use their best endeavours to apply them, to bring the texts to the attention of the competent authorities and to encourage their application. The Committee shall seek the opinion of the ENIC Network before making its decisions.
6. The Committee shall report to the relevant bodies of the Council of Europe and Unesco.
7. The Committee shall maintain links to the Unesco Regional Committees for the Application of Conventions on the Recognition of Studies, Diplomas and Degrees in Higher Education adopted under the auspices of Unesco.
8. A majority of the Parties shall constitute a quorum.
9. The Committee shall adopt its Rules of Procedure. It shall meet in ordinary session at least every three years. The Committee shall meet for the first time within a year of the entry into force of this Convention.
10. The Secretariat of the Committee shall be entrusted jointly to the Secretary General of the Council of Europe and to the Director-General of Unesco.

Article X.3

1. Each Party shall appoint as a member of the European Network of National Information Centres on academic mobility and recognition (the ENIC Network) the national information centre established or maintained under Article IX.2. In cases in which more than one national information centre is established or maintained in a Party under Article IX.2, all these shall be members of the Network, but the national information centres concerned shall dispose of only one vote.
2. The ENIC Network shall, in its composition restricted to national information centres of the Parties to this Convention, uphold and assist the practical implementation of the Convention by the competent national authorities. The Network shall meet at least once a year in plenary session. It shall elect its President and Bureau in accordance with its terms of reference.
3. The Secretariat of the ENIC Network shall be entrusted jointly to the Secretary General of the Council of Europe and to the Director-General of Unesco.
4. The Parties shall co-operate, through the ENIC Network, with the national information centres of other Parties, especially by enabling them to collect all information of use to the national information centres in their activities relating to academic recognition and mobility.

Article XI.1

1. This Convention shall be open for signature by:
   1. the member states of the Council of Europe;
   2. the member states of the Unesco Europe Region;
   3. any other signatory, contracting state or party to the European Cultural Convention of the Council of Europe and/or to the Unesco Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region,

   which have been invited to the diplomatic conference entrusted with the adoption of this Convention.

2. These states and the Holy See may express their consent to be bound by:
   1. signature without reservation as to ratification, acceptance or approval; or
   2. signature, subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
   3. accession.
3. Signatures shall be made with one of the depositories. Instruments of ratification, acceptance, approval or accession shall be deposited with one of the depositories.

Article XI.2

This Convention shall enter into force on the first day of the month following the expiration of the period of one month after five states, including at least three member states of the Council of Europe and/or the Unesco Europe Region, have expressed their consent to be bound by the Convention. It shall enter into force for each other State on the first day of the month following the expiration of the period of one month after the date of expression of its consent to be bound by the Convention.

Article XI.3

1. After the entry into force of this Convention, any state other than those falling into one of the categories listed under Article XI.1 may request accession to this Convention. Any request to this effect shall be addressed to one of the depositories, who shall transmit it to the Parties at least three months before the meeting of the Committee of the Convention on the Recognition of Qualifications concerning Higher Education in the European Region. The depository shall also inform the Committee of Ministers of the Council of Europe and the Executive Board of Unesco.
2. The decision to invite a State which so requests to accede to this Convention shall be taken by a two-thirds majority of the Parties.
3. After the entry into force of this Convention the European Community may accede to it following a request by its member states, which shall be addressed to one of the depositories. In this case, Article XI.3.2 shall not apply.
4. In respect of any acceding states or the European Community, the Convention shall enter into force on the first day of the month following the expiration of the period of one month after the deposit of the instrument of accession with one of the depositories.

Article XI.4

1. Parties to this Convention which are at the same time parties to one or more of the following conventions:
   
   • European Convention on the Equivalence of Diplomas leading to Admission to Universities (1953, CETS No. 15), and its Protocol (1964, CETS No. 49);
   • European Convention on the Equivalence of Periods of University Study (1956, CETS No. 21);
   • European Convention on the Academic Recognition of University Qualifications (1959, CETS No. 32);
   • International Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab and European States bordering on the Mediterranean (1976);
   • Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region (1979);
   • European Convention on the General Equivalence of Periods of University Study (1990, CETS No. 138),
   1. shall apply the provisions of the present Convention in their mutual relations;
   2. shall continue to apply the above mentioned conventions to which they are a party in their relations with other States party to those conventions but not to the present Convention.
2. The Parties to this Convention undertake to abstain from becoming a party to any of the conventions mentioned in paragraph 1, to which they are not already a party, with the exception of the International Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in the Arab and European States bordering on the Mediterranean.

Article XI.5

1. 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.
2. Any State may, at any later date, by a declaration addressed to one of the depositories, 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 one month after the date of receipt of such declaration by the depository.
3. 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 one of the depositories. The withdrawal shall become effective on the first day of the month following the expiration of a period of one month after the date of receipt of such notification by the depository.

Article XI.6

1. Any Party may, at any time, denounce this Convention by means of a notification addressed to one of the depositories.
2. Such denunciation shall become effective on the first day of the month following the expiration of a period of twelve months after the date of receipt of the notification by the depository. However, such denunciation shall not affect recognition decisions taken previously under the provisions of this Convention.
3. Termination or suspension of the operation of this Convention as a consequence of a violation by a Party of a provision essential to the accomplishment of the object or purpose of this Convention shall be addressed in accordance with international law.

Article XI.7

1. Any State, the Holy See or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it reserves the right not to apply, in whole or in part, one or more of the following Articles of this Convention:
   Article IV.8,
   Article V.3,
   Article VI.3,
   Article VIII.2,
   Article IX.3.
   No other reservation may be made.
2. Any Party which has made a reservation under the preceding paragraph may wholly or partly withdraw it by means of a notification addressed to one of the depositories. The withdrawal shall take effect on the date of receipt of such notification by the depository.
3. A Party which has made a reservation in respect of a provision of this Convention 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 XI.8

1. Draft amendments to this Convention may be adopted by the Committee of the Convention on the Recognition of Qualifications concerning Higher Education in the European Region by a two-thirds majority of the Parties. Any draft amendment so adopted shall be incorporated into a Protocol to this Convention. The Protocol shall specify the modalities for its entry into force which, in any event, shall require the expression of consent by the Parties to be bound by it.
2. No amendment may be made to Section III of this Convention under the procedure of paragraph 1 above.
3. Any proposal for amendments shall be communicated to one of the depositaries, who shall transmit it to the Parties at least three months before the meeting of the Committee. The depository shall also inform the Committee of Ministers of the Council of Europe and the Executive Board of Unesco.

Article XI.9

1. The Secretary General of the Council of Europe and the Director- General of the United Nations Educational, Scientific and Cultural Organisation shall be the depositories of this Convention.
2. The depository with whom an act, notification or communication has been deposited shall notify the Parties to this Convention, as well as the other member States of the Council of Europe and/or of the Unesco Europe Region of:
   1. any signature;
   2. the deposit of any instrument of ratification, acceptance, approval or accession;
   3. any date of entry into force of this Convention in accordance with the provisions of Articles XI.2 and XI.3.4;
   4. any reservation made in pursuance of the provisions of Article XI.7 and the withdrawal of any reservations made in pursuance of the provisions of Article XI.7;
   5. any denunciation of this Convention in pursuance of Article XI.6;
   6. any declarations made in accordance with the provisions of Article II.1, or of Article II.2;
   7. any declarations made in accordance with the provisions of Article IV.5;
   8. any request for accession made in accordance with the provisions of Article XI.3;
   9. any proposal made in accordance with the provisions of Article XI.8;
   10. any other act, notification or communication relating to this Convention.
3. The depository receiving a communication or making a notification in pursuance of the provisions of this Convention shall immediately inform the other depository thereof.

In witness thereof the undersigned representatives, being duly authorised, have signed this Convention.

Done at Lisbon on 11 April 1997, in the English, French, Russian and Spanish languages, the four texts being equally authoritative, in two copies, one of which shall be deposited in the archives of the Council of Europe and the other in the archives of the United Nations Educational, Scientific and Cultural Organisation. A certified copy shall be sent to all the States referred to in Article XI.1, to the Holy See and to the European Community and to the Secretariat of the United Nations.