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Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998: Regulations: Law drafting instructions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 8 March 2016:

MINISTERIAL DECISION REFERENCE:    MD-ER-2016-0012

DECISION SUMMARY TITLE:   Drafting Instructions – the European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights 1996 and the Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe.

DECISION SUMMARY AUTHOR:

 External relations

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:   

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

 External Relations

IS THE REPORT PUBLIC OR EXEMPT 

Public

DECISION AND REASON FOR THE DECISION:

The Minister for External Relations approved a request for law drafting time to prepare Regulations in connection with persons participating in proceedings of the European Court of Human Rights, to be made under the Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998.

The Government of Jersey has indicated to the UK Government that, in principle, it would wish the Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe and the European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights, 1996, to be extended to the Bailiwick. 

However, such extensions are dependent on appropriate Regulations to be made under the Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998, as amended. 

This necessary Regulations would confer privileges and immunities on the European Court of Human Rights, its judges and members of the family of its judges, the Registrar and Deputy Registrar, and on persons participating in proceedings before the Court or the Committee of Ministers of the Council of Europe.  The privileges and immunities would be equivalent to those provided in the UK under the European Court of Human Rights (Immunities and Privileges) Order 2000 (SI No. 1817/2000) and the European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005 (SI No. 3425/2005), as detailed in the attached Report.

RESOURCE IMPLICATIONS:

There are no resource implications arising from this legislation

ACTION REQUIRED:

External Relations shall forward the request and drafting instructions to the Law Draftsman.

SIGNATURE:

 

 

 

POSITION:

 

 

Minister for External Relations

 

 

DATE SIGNED  8 March 2016

EFFECTIVE DATE OF THE DECISION

Hide report
Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998: Regulations: Law drafting instructions

External Relations

REPORT

 

Drafting Instructions for implementation in Jersey of –

  • the European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights 1996 and
  • the Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe

 

1.  Policy background

Jersey is currently included in the United Kingdom’s ratification of the European Agreement relating to Persons Participating in Proceedings of the European Commission and Court of Human Rights, signed at London on 6 May 1969 (‘’the 1969 Agreement’’) -  Declaration in force from 20 October 1971.

The 1969 Agreement made provision for the purposes of the European Convention on Human Rights that persons taking part in proceedings before the European Commission of Human Rights or the European Court of Human Rights should be accorded certain immunities and facilities.

Subsequently, the UK has ratified the –

  • Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe (signed on 5 March 1996 in Strasbourg) – which extends the privileges and immunities specified in Article 18 of the General Agreement.  The UK extended the Protocol to the Isle of Man on 1 October 2003, but not to Jersey   (Annex 4.1)
  • Protocol no. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, restructuring the control machinery established thereby (signed on 11 May 1994 in Strasbourg) – which restructured fundamentally the machinery and established a new permanent Court. 

[The chart of ratifications indicates UK has included a territorial application for Protocol no. 11 – but there is no copy of a declaration regarding which territories].

Consequent to Protocol no. 11, it was considered that the 1969 Agreement should be entirely replaced by a new European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights (‘’the 1996 Agreement’’).  (Annex 4.2)

The UK ratified the 1996 agreement on 1 January 2002 and extended it to the Isle of Man on 1 October 2003 (but not to Jersey). 

Jersey has indicated to the UK Government (official correspondence, dated 15 December 2003) that, in principle, it would wish the Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe and the 1996 Agreement to be extended to the Bailiwick.    (Annex 4.3)

However, such extensions were dependent on further Jersey legislation –

  • an amendment to the Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998
  • appropriate Regulations to be made under the above Law  as amended.

An amendment to the principle Law has now been made, to insert Part 5A, and came into force on 3 September 2004.  

In lodging the Projet de Loi, P.86/2004, the Privileges and Procedures Committee observed:

“The amendments which are proposed would allow the States to confer privileges and immunities of a similar nature and on persons in similar categories to those mentioned in Section 5 of the [International Organisations Act, 1968].

The privileges which will be conferred by the Regulations made under the new Article 12A will not exceed those granted, by Order in Council, in the United Kingdom.”

It was clearly the intention of the States, in adopting the amendments, that Regulations should be made under the 1998 Law to confer immunities and privileges in respect of persons connected with the European Court of Human Rights similar to those mentioned by section 5 of the UK 1968 Act. 

 

2.  Position of the United Kingdom

The European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights (‘’the 1996 Agreement’’) and the Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe are substantially given effect in the UK by the European Court of Human Rights (Immunities and Privileges) Order 2000 (SI No. 1817/2000), (Annex 4.4) pursuant to section 5 of the International Organisations Act 1968 (“the 1968 Act”).  

The Order confers privileges and immunities on the European Court of Human Rights, its judges, Registrar and Deputy Registrar, and on persons participating in proceedings before the Court or the Committee of Ministers of the Council of Europe.

However, ratification of the Sixth Protocol was subject to a reservation to Article 1 in respect of members of the family of a judge.  

The International Organisations Act 2005, inter alia, inserted section 7 into the 1968 Act, so as to extend the provisions of section 5 of the 1968 Act to members of the family of a judge of the European Court of Human Rights as it applies to a judge of the Court.

The European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005 (SI No. 3425/2005) (“the 2005 Order”) (Annex 4.5), which came into force in the United Kingdom on 2 January 2006, further confers on spouses and minor children of judges of the European Court of Human Rights the privileges, immunities, exemptions and facilities accorded to a diplomatic envoy.  With this Order the United Kingdom was able to withdraw its reservation to article 1 of the Protocol.

 

3. Drafting instructions

 General aims

The proposed Regulations are to have legal effect in Jersey to the extent necessary to fully implement the requirements of –

  • the Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe
  • the 1969 European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights.

Regulations are to be made, under Part 5A of the Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998, to enable the UK to extend the above Protocol and Agreement and revoke the extension of the 1969 Agreement.

Provisions will include:

  • details of the privileges, immunities and facilities to be granted;
  • specify the officials of the European Court of Human Rights, persons participating in proceedings before the Court and certain other classes of persons to benefit;
  • exceptions to the enjoyment of certain benefits or enjoyment by certain persons.

 

Detailed instructions

Article 12A of the Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998, provides that the States may by Regulations confer privileges, immunities and facilities on any class of persons in respect of whom an Order in Council may be made pursuant to section 5 of the International Organisations Act 1968 of the United Kingdom.

The European Court of Human Rights (Immunities and Privileges) Order 2000 (SI No. 1817/2000), and the European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005 (SI No. 3425/2005) are both made pursuant to section 5 of the International Organisations Act 1968.

The Jersey Regulations should give effect to equivalent immunities and privileges in Jersey.

The Law provides that proposed Regulations shall be so framed as to secure that –

  • the class of persons to whom they relate are persons to whom  the UK Orders relate (i.e  European Court of Human Rights (Immunities and Privileges) Order 2000(SI No. 1817/2000) and European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005 (SI No. 3425/2005);
  • the privileges, immunities and facilities conferred by them on a class of persons shall not be greater in extent than those which, at the time the Regulations take effect, are conferred by the UK Orders;
  • no privileges or immunities are conferred on any person as the representative of the States of Jersey, or as a member of staff of such a representative. 

In addition, to fulfil the obligations of the Sixth Protocol and the 1996 Agreement, the proposed Regulations should confer no less privileges than those in the equivalent UK provisions.

With reference to Schedule 3 of the Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998, certain immunities and privileges shall be conferred as detailed below.

Reference should be made to definitions in the European Court of Human Rights (Immunities and Privileges) Order 2000  (“the 2000 Order”).

 

3.1 The Court  

Regulations should confer –

  • privileges to persons equivalent to s.3 of the 2000 Order
  • privileges or immunities as described in s.4, except that
    • reference in sub-section (a), (e) and (f) to ‘British citizens etc…resident in the United Kingdom’ should be replaced with ‘permanently resident [or domiciled for tax purposes?] in Jersey’,
    • reference in sub-section (f) to the ‘Commissioners for Customs and Excise’ should be replace by the ‘Agent of the Impôts’,
    • reference to the Hydrocarbon Oil Duties Act should be replaced by equivalent Jersey reference,
    • reference to VAT should be replaced by a reference to GST,
    •  reference in sub-paragraph (g) to national insurance and social security should be replaced by a reference to Jersey social security.

 

3.2              Spouses and minor children

Regulations should confer –

  • immunities and privileges in relation to spouses and minor children of judges of the European Court, equivalent to s.4A as inserted by the 2005 Order, except that –
    • reference in sub-paragraph (d) to Commissioners for HMRC should be replaced by reference to the Agent of the Impôts
    • reference to VAT should be replaced by a reference to GST.
    • reference in section (2) to ‘British citizens etc…resident in the United Kingdom’ should be replaced with ‘permanently resident [or domiciled for tax purposes?] in Jersey’

 

3.3 Persons participating in proceedings

Regulations should confer –

  • immunities and privileges in relation to persons participating in proceedings of the European Court, equivalent to s.5 of the 2000 Order, except that –
    • references to the United Kingdom should be replaced by references to Jersey

 

3.3              General exception

Having regard to Article 12A of the Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998, the regulations shall be so framed that no privilege or immunity is conferred on any person as the representative of the States of Jersey, or as a member of the staff of such a representative.

 

4. Annexes

4.1 Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe

4.2 European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights 1996

4.3 Official correspondence – 15 December 2003, from the Bailiff

4.4 The European Court of Human Rights (Immunities and Privileges) Order 2000 (SI No. 1817/2000)

4.5 The European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005 (SI No. 3425/2005)

 


Annex  4.1

 

Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe

Strasbourg, 5.III.1996

The Sixth Protocol consolidates into one instrument the relevant provisions of the Fourth and Fifth Protocols. It is applicable to the «new» Court which started to function on 1 November 1998.

The member States of the Council of Europe, signatories hereto,

Having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention");

Having regard to Protocol No. 11 to the Convention, restructuring the control machinery established thereby, signed at Strasbourg on 11 May 1994 (hereinafter referred to as "Protocol No. 11 to the Convention"), which establishes a permanent European Court of Human Rights (hereinafter referred to as "the Court") to replace the European Commission and Court of Human Rights;

Also having regard to Article 51 of the Convention which specifies that judges are entitled, during the discharge of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the agreements made thereunder;

Recalling the General Agreement on Privileges and Immunities of the Council of Europe, signed at Paris on 2 September 1949, (hereinafter referred to as "the General Agreement"), and its Second, Fourth and Fifth Protocols;

Considering that a new Protocol to the General Agreement is advisable to accord privileges and immunities to the judges of the Court,

Have agreed as follows:

Article 1

In addition to the privileges and immunities specified in Article 18 of the General Agreement, judges shall be accorded in respect of themselves, their spouses and minor children the privileges and immunities, exemptions and facilities accorded to diplomatic envoys in accordance with international law.

Article 2

For the purposes of this Protocol, the term "judges" means judges elected in accordance with Article 22 of the Convention as well as any ad hoc judge appointed by a State Party concerned in pursuance of Article 27, paragraph 2, of the Convention.

Article 3

In order to secure for the judges complete freedom of speech and complete independence in the discharge of their duties, the immunity from legal process in respect of words spoken or written and all acts done by them in discharging their duties shall continue to be accorded, notwithstanding that the persons concerned are no longer engaged in the discharge of such duties.

Article 4

Privileges and immunities are accorded to judges not for the personal benefit of the individuals themselves but in order to safeguard the independent exercise of their functions. The plenary Court alone shall be competent to waive the immunity of judges; it has not only the right, but is under a duty, to waive the immunity of a judge in any case where, in its opinion, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded.

Article 5

  1. The provisions of Articles 1, 3 and 4 of this Protocol shall apply to the Registrar of the Court and a Deputy Registrar formally notified as Acting Registrar to the States Parties to the Convention.
  2. The provisions of Article 3 of this Protocol and Article 18 of the General Agreement shall apply to a Deputy Registrar of the Court.
  3. The privileges and immunities referred to in paragraphs 1 and 2 of this Article are accorded to the Registrar and a Deputy Registrar not for the personal benefit of the individuals themselves but to facilitate the discharge of their duties. The plenary Court alone shall be competent to waive the immunity of its Registrar and a Deputy Registrar; it has not only the right, but is under a duty, to waive such immunity in any case where, in its opinion, the immunity would impede the course of justice, and where it can be waived without prejudice to the purpose for which the immunity is accorded.
  4. The Secretary General of the Council of Europe shall be competent to waive, with the agreement of the President of the Court, the immunity of other staff members of the registry in accordance with the provisions of Article 19 of the General Agreement and having due regard to the considerations set out in paragraph 3.

Article 6

  1. Documents and papers of the Court, judges and registry, in so far as they relate to the business of the Court, shall be inviolable.
  2. The official correspondence and other official communications of the Court, judges and the registry may not be held up or subjected to censorship.

Article 7

  1. This Protocol shall be open for signature by member States of the Council of Europe signatories to the General Agreement, which 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.
  2. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

Article 8

  1. This Protocol 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 three Parties to the General Agreement have expressed their consent to be bound by the Protocol in accordance with the provisions of Article 7 or on the date of entry into force of Protocol No. 11 to the Convention, whichever is the later.
  2. As regards any State Party to the General Agreement which shall subsequently sign this Protocol without reservation in respect of ratification, acceptance or approval or which shall ratify, accept or approve it, this Protocol shall enter into force one month after the date of such signature or after the date of deposit of the instrument of ratification, acceptance or approval.

Article 9

  1. Any State may, at the time of its signature without reservation in respect of ratification, of its ratification or at any time thereafter, declare, by notification addressed to the Secretary General of the Council of Europe, that the present Protocol shall extend to all or any of the territories for whose international relations it is responsible and where the Convention and its Protocols apply.
  2. The Protocol shall extend to the territory or territories named in the notification as from the thirtieth day after the receipt of this notification by the Secretary General of the Council of Europe.
  3. Any declaration made pursuant to paragraph 1 may, in respect of any territory specified in such declaration, be withdrawn or modified by a notification addressed to the Secretary General. The withdrawal or modification shall become effective on the first day of the month following the expiration of one month after the receipt of notification by the Secretary General.

Article 10

The Secretary General of the Council of Europe shall notify the member States of the Council of:

  1. any signature;
  2. the deposit of any instrument of ratification, acceptance or approval;
  3. any date of entry into force of this Protocol in accordance with Articles 8 and 9;
  4. any other act, notification or communication relating to this Protocol.

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

Done at Strasbourg, this 5th day of March 1996, 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.

 


Annex 4.2

European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights

Strasbourg, 5.III.1996

The member States of the Council of Europe, signatories hereto,

Having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (hereinafter referred to as "the Convention");

Recalling the European Agreement relating to Persons Participating in Proceedings of the European Commission and Court of Human Rights, signed at London on 6 May 1969;

Having regard to Protocol No. 11 to the Convention, restructuring the control machinery established thereby, signed at Strasbourg on 11 May 1994 (hereinafter referred to as "Protocol No. 11 to the Convention"), which establishes a permanent European Court of Human Rights (hereinafter referred to as "the Court") to replace the European Commission and Court of Human Rights;

Considering, in the light of this development, that it is advisable for the better fulfilment of the purposes of the Convention that persons taking part in proceedings before the Court be accorded certain immunities and facilities by a new Agreement, the European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights (hereinafter referred to as "this Agreement"),

Have agreed as follows:

Article 1

  1. The persons to whom this Agreement applies are:
    1. any persons taking part in proceedings instituted before the Court as parties, their representatives and advisers;
    2. witnesses and experts called upon by the Court and other persons invited by the President of the Court to take part in proceedings.
  2. For the purposes of this Agreement, the term "Court" shall include committees, chambers, a panel of the Grand Chamber, the Grand Chamber and the judges. The term "taking part in proceedings" shall include making communications with a view to a complaint against a State Party to the Convention.
  3. If in the course of the exercise by the Committee of Ministers of its functions under Article 46, paragraph 2, of the Convention, any person mentioned in paragraph 1 above is called upon to appear before, or to submit written statements to the Committee of Ministers, the provisions of this Agreement shall apply in relation to him.

Article 2

  1. The persons referred to in paragraph 1 of Article 1 of this Agreement shall have immunity from legal process in respect of oral or written statements made, or documents or other evidence submitted by them before or to the Court.
  2. This immunity does not apply to communication outside the Court of any such statements, documents or evidence submitted to the Court.

Article 3

  1. The Contracting Parties shall respect the right of the persons referred to in paragraph 1 of Article 1 of this Agreement to correspond freely with the Court.
  2. As regards persons under detention, the exercise of this right shall in particular imply that:
    1. their correspondence shall be despatched and delivered without undue delay and without alteration;
    2. such persons shall not be subject to disciplinary measures in any form on account of any communication sent through the proper channels to the Court;
    3. such persons shall have the right to correspond, and consult out of hearing of other persons, with a lawyer qualified to appear before the courts of the country where they are detained in regard to an application to the Court, or any proceedings resulting therefrom.
  3. In application of the preceding paragraphs, there shall be no interference by a public authority except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, for the detection or prosecution of a criminal offence or for the protection of health.

Article 4

  1.  
    1. The Contracting Parties undertake not to hinder the free movement and travel, for the purpose of attending and returning from proceedings before the Court, of persons referred to in paragraph 1 of Article 1 of this Agreement.
    2. No restrictions shall be placed on their movement and travel other than such as are in accordance with the law and necessary in a democratic society in the interests of national security or public safety, for the maintenance of ordre public, for the prevention of crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
  2.  
    1. Such persons shall not, in countries of transit and in the country where the proceedings take place, be prosecuted or detained or be subjected to any other restriction of their personal liberty in respect of acts or convictions prior to the commencement of the journey.
    2. Any Contracting Party may, at the time of signature, ratification, acceptance or approval of this Agreement, declare that the provisions of this paragraph will not apply to its own nationals. Such a declaration may be withdrawn at any time by means of a notification addressed to the Secretary General of the Council of Europe.
  3. The Contracting Parties undertake to re-admit on his return to their territory any such person who commenced his journey in the said territory.
  4. The provisions of paragraphs 1 and 2 of this Article shall cease to apply when the person concerned has had, for a period of fifteen consecutive days from the date when his presence is no longer required by the Court, the opportunity of returning to the country from which his journey commenced.
  5. Where there is any conflict between the obligations of a Contracting Party resulting from paragraph 2 of this Article and those resulting from a Council of Europe convention or from an extradition treaty or other treaty concerning mutual assistance in criminal matters with other Contracting Parties, the provisions of paragraph 2 of this Article shall prevail.

Article 5

  1. Immunities and facilities are accorded to the persons referred to in paragraph 1 of Article 1 of this Agreement solely in order to ensure for them the freedom of speech and the independence necessary for the discharge of their functions, tasks or duties, or the exercise of their rights in relation to the Court.
  2.  
    1. The Court shall alone be competent to waive, in whole or in part, the immunity provided for in paragraph 1 of Article 2 of this Agreement; it has not only the right but the duty to waive immunity in any case where, in its opinion, such immunity would impede the course of justice and waiver in whole or in part would not prejudice the purpose defined in paragraph 1 of this Article.
    2. The immunity may be waived by the Court, either ex officio or at the request of any Contracting Party or of any person concerned.
    3. Decisions waiving immunity or refusing the waiver shall be accompanied by a statement of reasons.
  3. If a Contracting Party certifies that waiver of the immunity provided for in paragraph 1 of Article 2 of this Agreement is necessary for the purpose of proceedings in respect of an offence against national security, the Court shall waive immunity to the extent specified in the certificate.
  4. In the event of the discovery of a fact which might, by its nature, have a decisive influence and which at the time of the decision refusing waiver of immunity was unknown to the author of the request, the latter may make a new request to the Court.

Article 6

Nothing in this Agreement shall be construed as limiting or derogating from any of the obligations assumed by the Contracting Parties under the Convention or its protocols.

Article 7

  1. 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:
    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.
  2. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

Article 8

  1. 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 ten member States of the Council of Europe have expressed their consent to be bound by the Agreement in accordance with the provisions of Article 7 or on the date of entry into force of Protocol No. 11 to the Convention, whichever is the later.
  2. In respect of any member State which subsequently expresses its consent to be bound by it, 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 of such signature or of the deposit of the instrument of ratification, acceptance or approval.

Article 9

  1. Any Contracting State may, when depositing its instrument of ratification, acceptance or approval or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Agreement to any territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.
  2. This Agreement shall enter into force for any territory or territories specified in a declaration made pursuant to paragraph 1 on the first day of the month following the expiration of one month after the date of receipt of the declaration by the Secretary General.
  3. Any declaration made pursuant to paragraph 1 may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down for denunciation in Article 10 of this Agreement.

Article 10

  1. This Agreement shall remain in force indefinitely.
  2. Any Contracting Party may, insofar as it is concerned, denounce this Agreement by means of a notification addressed to the Secretary General of the Council of Europe.
  3. Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification. Such denunciation shall not have the effect of releasing the Contracting Parties concerned from any obligation which may have arisen under this Agreement in relation to any person referred to in paragraph 1 of Article 1.

Article 11

The Secretary General of the Council of Europe shall notify the member States of the Council of:

  1. any signature;
  2. the deposit of any instrument of ratification, acceptance or approval;
  3. any date of entry into force of this Agreement in accordance with Articles 8 and 9 thereof;
  4. 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 5th day of March 1996, 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.

 

 

 

 


Annex 4.3

 


Annex 4.4

 

 

 


Annex 4.5

 

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