BASIC DOCUMENTS ON INTERNATIONAL MIGRATION LAW

BASIC DOCUMENTS ON INTERNATIONAL MIGRATION LAW
Third Revised Edition

by

Richard Plender

MARTINUS NIJHOFF PUBLISHERS
Leiden / Boston

A C.I.P. Catalogue record for this book is available from the Library of Congress Printed on acid-free paper.

ISBN 10 9004152393 ISBN 13 978 9004 152397 © 2007 Koninklijke Brill NV, Leiden, The Netherlands Koninklijke Brill NV incorporates the imprints Brill, Hotei Publishers, IDC Publishers, Martinus Nijhoff Publishers and VSP. www.brill.nl All rights reverved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by means, electronic or mechanical, including photocopying, recording or otherwise, without written permission from the Publisher. Authorization to photocopy items for internal or personal use is granted by Brill Academic Publishers provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers MA 01923, USA. Fees are subject to change. Printed in the Netherlands

CONTENTS

PREFACE .......................................................................................................... PART ONE: General Multilateral Instruments .......................................... I.1. Universal Declaration of Human Rights (Excerpts) ...................... I.2. Convention Relative to the Protection of Civilian Persons in Time of War (Excerpts) .................................................................. I.3. Protocol I Additional to the Geneva Convention of 12 August 1949 Relative to the Protection of Victims of International Armed Conflicts (Excerpts) ............................................................ I.4. Convention on Diplomatic Relations (Excerpts) .......................... I.5. Convention on Consular Relations (Excerpts) .............................. I.6. International Covenant on Civil and Political Rights (Excerpts) ........................................................................................ I.7. General Comment on the Position of Aliens under the International Covenant on Civil and Political Rights, 1986 ........ I.8. International Convention on the Elimination of All Forms of Racial Discrimination (Excerpts) .............................................. I.9. Convention for the Elimination of All Forms of Discrimination against Women (Excerpts) .............................................................. I.10. Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (Excerpts) ............................ I.11. Convention on the Rights of the Child, 1989 (Excerpts) .............. I.12. International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 1990 ........ PART TWO: Texts Governing Nationality and Statelessness .................... II.1. Convention on Certain Questions relating to the Conflict of Nationality Laws ............................................................................ II.2. Protocol relating to a Certain Case of Statelessness .................... II.3. Special Protocol concerning Statelessness .................................... II.4. Convention relating to the Status of Stateless Persons ................ II.5. Convention on the Nationality of Married Women ...................... II.6. Convention on the Reduction of Statelessness .............................. II.7. Convention on the Reduction of Cases of Multiple Nationality ...................................................................................... II.8. First Additional Protocol to the Convention on the Reduction of Cases of Multiple Nationality .................................................... II.9. Second Protocol Amending the Convention on the Reduction of Cases of Multiple Nationality .................................................... II.10. European Convention on Nationality ............................................

PAGE xiii 1 3 5

10 14 17 20 23 26 29 32 37 41 75 77 85 89 93 107 111 119 125 128 131

vi PART THREE: General Instruments on Refugees ...................................... III.1. Statute of the Office of the United Nations High Commissioner for Refugees .................................................................................. III.2. Convention relating to the Status of Refugees ............................ III.3. Protocol relating to the Status of Refugees .................................. III.4. Agreement relating to Refugee Seamen ...................................... III.5. Protocol relating to Refugee Seamen .......................................... III.6. Declaration on Territorial Asylum ................................................ III.7. Convention governing the Specific Aspects of Refugee Problems in Africa ........................................................................ III.8. UNHCR Executive Committee Conclusion No. 8 (XXVIII) 1977 on Determination of Refugee Status .................................. III.9. UNHCR Executive Committee Conclusion No. 24 (XXXII) 1981 on Family Reunification ...................................................... III.10. UNHCR Executive Committee Conclusion No. 30 (XXXIV) 1983 on the Problem of Manifestly Unfounded or Abusive Applications for Refugee Status or Asylum ................................ III.11. UNHCR Executive Committee Conclusion No. 69 (XLIII) 1992 on Cessation of Status ........................................................ III.12. UNHCR Executive Committee Conclusion No. 91 (LII) 2001 on Registration of Refugees and Asylum-Seekers ............................ III.13. UNHCR Executive Committee Conclusion No. 93 (LIII) 2002 on Reception of Asylum-Seekers in the Context of Individual Asylum Systems .......................................................... III.14. UNHCR Executive Committee General Conclusion No. 99 (LV) 2004 on International Protection .......................................... PART FOUR: Council of Europe Instruments ............................................ IV.1. European Convention for the Protection of Human Rights and Fundamental Freedoms as Amended (Excerpts) .................. IV.2. European Convention on Social and Medical Assistance ............ IV.3. European Convention on Establishment ...................................... IV.4. European Convention on Extradition .......................................... IV.5. European Agreement on Regulations governing the Movement of Persons between Member States of the Council of Europe ........................................................................ IV.6. European Agreement on the Abolition of Visas for Refugees .... IV.7. European Social Charter (Excerpts) ............................................ IV.8. European Agreement on Travel by Young Persons on Collective Passports between the Member Countries of the Council of Europe ........................................................................ IV.9. Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms as Amended by Protocol No. 11 (Excerpts) .......................................................... IV.10. Protocol to the European Convention on Consular Functions concerning the Protection of Refugees ........................ 145 147 152 169 174 180 183 185 191 193

194 196 198

200 202 207 209 212 217 227

239 242 244

247

251 253

vii IV.11. European Agreement on Au Pair Placement ................................ IV.12. European Convention on the Repatriation of Minors .................. IV.13. European Convention on the Legal Status of Migrant Workers .......................................................................................... IV.14. European Agreement on Transfer of Responsibility for Refugees ........................................................................................ IV.15. Additional Protocol to the European Social Charter (Excerpts) ...................................................................................... IV.16. European Social Charter Revised (Excerpts) .............................. IV.17. Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms, as Amended by Protocol No. 11 ........................................................................ IV.18. Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms (Extract) .................. PART FIVE: European Union Provisions governing Freedom of Movement for Citizens and their Dependents .................. V.1. Treaty Establishing the European Community (Excerpts) .......... V.2. Treaty Establishing the European Atomic Energy Community (Excerpt) ........................................................................................ V.3. Euratom Directive of 5 March 1962 on Freedom to Take Skilled Employment in the Field of Nuclear Energy .................. V.4. Council Decision 68/359 of 15 October 1968 Applying Articles 48 and 49 of the Treaty to the French Overseas Departments .................................................................................. V.5. Council Regulation 1612/68 of 15 October 1968 on Freedom of Movement for Workers within the Community ...................... V.6. Commission Regulation 1251/70 of 29 June 1970 on the Right of Workers to Remain in the Territory of a Member State after having been Employed in that State .......................... V.7. Council Directive 77/486 of 25 July 1977 on the Education of the Children of Migrant Workers ............................................ V.8. Commission Decision 93/539 of 22 October 1993 on the Implementing of Council Regulation 1612/68 as Regards, in Particular, a Network Entitled Eures (European Employment Services) ........................................................................................ V.9. Council Directive 2004/38/EC of 29 April 2004 on the Right of Citizens of the Union and their Family Members to Move and Reside Freely within the Territory of the Member States .... PART SIX: The Schengen Acquis .................................................................. VI.1. Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the Gradual Abolition of Checks at their Common Borders .............................................................. 255 260 267 280 283 284

285 286

287 289 299 300

304 305

321 325

327

329 353

355

viii VI.2. Convention Implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Union, the Federal Republic of Germany and the French Republic on the Gradual Abolition of Checks at their Common Borders .......................................................................................... 363 Council Regulation (EC) No. 539/2001 of 15 March 2001 Listing the Third Countries whose Nationals must be in Possession of Visas when Crossing the External Borders and those whose Nationals are Exempt from that Requirement .............................. 432 Council Regulation (EC) No. 790/2001 of 24 April 2001 Reserving to the Council Implementing Powers with Regard to Certain Detailed Provisions and Practical Procedures for Carrying Out Border Checks and Surveillance ............................ 438 Council Regulation (EC) No. 2007/2004 of 26 October 2004 Establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union ........................................ 441 Council Decision 22/926 of 22 December 2004 on the Putting into Effect of Parts of the Schengen Acquis by the United Kingdom of Great Britain and Northern Ireland .......................... 460 467

VI.3.

VI.4.

VI.5.

VI.6.

PART SEVEN: The European Union’s Asylum Policy ................................ VII.1. Declaration 64/305 of 25 March 1964 of the Representatives of the Governments of the Member States of the European Economic Community Meeting in Council on the Subject of Refugees .................................................................................... VII.2. Dublin Convention of 14 June 1990 Determining the State Responsible for examining Applications for Asylum Lodged in One of the Member States of the European Communities .... VII.3. Decision No. 1/97 of 9 September 1997 of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990, concerning Provisions for the Implementation of the Convention .................................................................................... VII.4. Decision No. 2/97 of 9 September 1997 of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990, establishing the Committee’s Rules of Procedure ............ VII.5. Decision No. 1/98 of 30 June 1998 of the Committee Set Up by Article 18 of the Dublin Convention of 15 June 1990, Concerning Provisions for the Implementation of the Convention .................................................................................... VII.6. Decision No. 1/2000 of 31 October 2000 of the Committee Set Up by Article 18 of the Dublin Convention Concerning the Transfer of Responsibility for Family Members in Accordance with Article 3(4) and Article 9 of that Convention ......................

469

471

482

500

502

505

ix VII.7. Council Regulation 2725/2000 of 11 December 2000 concerning the Establishment of ‘Eurodac’ for the Comparison of Fingerprints for the Effective Application of the Dublin Convention .................................................................................. VII.8. Council Decision 258/2001 of 15 March 2001 concerning the Conclusion of an Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the Criteria and Mechanisms for establishing the State Responsible for examining a Request for Asylum Lodged in a Member State or Iceland or Norway .................................. VII.9. Council Regulation 407/2002 of 28 February 2002 Laying Down Cerian Tules to Implement Council Regulation 2725/2000 of 11 December 2000 ................................................ VII.10. Council Directive 2003/9 of 27 January 2003 Laying Down Minimum Standards for the Reception of Asylum-Seekers ...... VII.11. Council Regulation 343/2003 of 18 February 2003 establishing the Criteria and Mechanisms for determining the Member State Responsible for examining an Asylum Application Lodged in One of the Member States by a Third Country National .......... VII.12. Commission Regulation 1560/2003 of 2 September 2003 Laying Down Detailed Rules for the Application of Council Regulation 343/2003 of 18 February 2003 ................................ VII.13. Council Directive 2004/83 of 29 April 2004 on Minimum Standards for the Qualification and Status of Third Country Nationals and Stateless Persons as Refugees or as Persons who Otherwise Need International Protection and the Content of the Protection Granted .............................................. PART EIGHT: Admission and Residence in the European Union of Third Country Nationals .................................................................. VIII.1. Commission Decision 88/384/of 8 June 1988 Setting Up a Prior Communication and Consultation Procedure on Migration Policies in Relation to Non-Member Countries .......................... VIII.2. Commission Regulation (EC) No. 1683/95 of 29 May 1995 Laying Down a Uniform Format for Visas ................................ VIII.3. Council Directive 2001/40/EC of 28 May 2001 on the Mutual Recognition of Decisions on the Expulsion of Third Country Nationals ........................................................................ VIII.4. Protocol 15 to the Agreement on the European Economic Area Adjusting the Agreement on the European Economic Area on Transitional Periods on the Free Movement of Persons (Liechtenstein) ..............................................................................

509

528

540 544

558

576

595

617

619 623

627

631

x VIII.5. Council Regulation (EC) No. 1030/2002 of 13 June 2002 Laying Down a Uniform Format for Residence Permits for Third-Country Nationals .............................................................. VIII.6. Council Directive 2003/86/EC of 22 September 2003 on the Right to Family Reunification .................................................... VIII.7. Council Directive 2003/109/EC of 25 November 2003 concerning the Status of Third-Country Nationals who are Long-Term Residents .................................................................. VIII.8. Council Directive 2004/82/EC of 29 April 2004 on the Obligation of Carriers to Communicate Passenger Data ............ VIII.9. Council Directive 2004/114 of 13 December 2004 on the Condition of Admission of Third Country Nationals for the Purposes of Studies, Pupil Exchange, Unremunerated Training or Voluntary Service .................................................... PART NINE: International Labour Office Materials .................................. IX.1. Migration Statistics Recommendation ........................................ IX.2. Migration (Protection of Females at Sea) Recommendation .... IX.3. Recruiting of Indigenous Workers Convention .......................... IX.4. Migration for Employment (Co-operation between States) Recommendation .......................................................................... IX.5. Social Policy (Non-Metropolitan Territories) Convention .......... IX.6. Labour Standards (Non-Metropolitan Territories) Convention .................................................................................. IX.7. Migration for Employment Convention (Revised) .................... IX.8. Protection of Migrant Workers (Underdeveloped Countries) Recommendation .......................................................................... IX.9. Discrimination (Employment and Occupation) Convention ...... IX.10. Discrimination (Employment and Occupation) Recommendation, R111, Geneva, 25 June 1958 ........................ IX.11. Migrant Workers (Supplementary Provisions) Convention ........ IX.12. Migrant Workers Recommendation ............................................ IX.13. Recruitment and Placement of Seafarers Recommendation ...... PART TEN: American Treaties ...................................................................... X.1. Inter-American Convention on Territorial Asylum .................... X.2. Inter-American Convention on Diplomatic Asylum .................. X.3. American Convention on Human Rights (Excerpts) .................. X.4. Treaty establishing the Caribbean Community (Excerpts) ........ X.5. North American Free Trade Agreement (NAFTA) (Excerpt) .... X.6. North American Agreement on Labour Co-operation (Excerpts) ....................................................................................

634 642

654 672

678 691 693 695 696 706 708 719 724 740 752 757 761 769 777 781 783 786 791 795 797 810

xi PART ELEVEN: African Treaties .................................................................... XI.1. Treaty establishing the Economic Community of West African States (ECOWAS) (Excerpts) ........................................ XI.2. Protocol relating to Free Movement of Persons, Right of Residence and Establishment (Excerpts) ................................ XI.3. African Charter on Human Rights and People’s Rights (Excerpts) .................................................................................... XI.4. Protocol relating to the Definition of Community Citizen (Excerpt) ...................................................................................... XI.5. Treaty establishing the Economic Community of Central African States (Excerpt) .............................................................. XI.6. Supplementary Protocol on Implementation of the Second Phase Right of Residence) of the Protocol on Free Movement of Persons, Right of Residence and Establishment (Excerpts) .................................................................................... XI.7. Supplementary Protocol on Implementation of the Third Phase (Right of Establishment) of the Protocol on Free Movement of Persons, Right of Residence and Establishment (Excerpts) .................................................................................... XI.8. Treaty establishing the African Economic Community (Excerpts) .................................................................................... XI.9. Agreement revising the Treaty establishing the Economic Community of West African States (ECOWAS) (Excerpts) ...... XI.10. Declaration and Treaty establishing the Southern African Development Community (SADC), (Excerpts) .......................... XI.11. Treaty establishing the Common Market for Eastern and Southern Africa (Excerpts) .......................................................... 817 819 821 824 826 829

831

838 842 844 848 849

PREFACE

Since the submission of the manuscript for the second edition of this volume in January 1997 there has been a continued and rapid growth in the number international conventions, protocols, declarations and recommendations governing migration; and a transformation of the European Union’s the legislation on the subject. The present text takes account of these developments. Among the new instruments appearing in this edition are the EU’s Minimum Standards Directive, its Responsibility Directive and the Family Union Directive, the European Convention on Nationality, several Conclusions of thew Executive Committee of the UNHCR and Protocol No. 12 to the European Convention on Human Rights. Account has been taken of the entry into force of certain of the instruments which, at the time of the second edition, remained without legal effect. Chief among these is the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, which entered into force on 1 July 2003 and at the end of 2005 had 27 parties. As in the second edition, the first four Parts deal respectively with general multilateral instruments, texts governing nationality and statelessness, general instruments on refugees and Council of Europe Instruments. Parts Five, Six, Seven and Eight, which are substantially composed of new measures, deal with aspects of EU law or policy, replacing the two parts devoted to this subject in the second edition, which in turn replaced a single chapter in the first edition. Part Five, containing provisions governing freedom of movement for citizens and their dependents, takes account of Council Directive 2004/38 which lays down new rules, to be implemented by Member States no later than 30 April 2006, on the right of citizens and their family members to move and reside freely within the Union. It amends Regulation 1612/68 (which is therefore reproduced in amended form) and repeals Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/ EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (which are therefore omitted from this edition). Part Six on the Schengen acquis contains the Schengen Agreement of 1985 and the Schengen Implementing Agreement of 1990, as amended on numerous occasions together with a selection from the substantial number of items of Community legislation building upon the acquis. Part Seven on the European Union’s asylum policy continues to include the Dublin Convention, notwithstanding its replacement, in relations between most Member States of the European Union, by Council Regulation 343/2003. The Dublin Convention has been retained since it continues to apply in relations between Denmark and the other Member States of the European Union and retains its significance for Norway and Iceland. Council Directive 2004/83 of 29 April 2004, on the minimum standards for qualification as Refugees has been included although Member States have until 10 October 2006 to bring into force the necessary implementing measures.

xiv Part Eight, which deals with the Admission and Residence in the European Union of Third Country Nationals, is composed principally of new texts. In Part Nine, a fresh selection has been made of International Labour Office materials. In place of the former chapter of miscellaneous materials, there are two new Parts devoted respectively to American and African texts. In the American Part, space has been found for more detailed treatment of NAFTA than in the last edition of this book. In the African Part, the text relating to the Economic Community of Central African States has been stringently reduced, since the Community is now inactive; but account has been taken of the revision of the treaty establishing the Economic Community of West African States and of the treaties establishing the African Economic Community, the Southern African Development Community and the Common Market for Eastern and Southern Africa. The tables of ratifications, accessions and denunciations of all the instruments in this book have of course been revised. In order to make space for new materials it has been necessary to excise some of the texts included in the second edition. The UN Declaration on the Human Rights of Individuals who are Not Nationals of the Country in which they Live has been eliminated as has the Optional Protocol to the Vienna Convention on Consular Relations concerning the Acquisition of Nationality, the Vienna Declaration and Programme of Action from the UN World Conference on Human Rights and the Joint Declaration on the Status of Hong Kong. While retaining all relevant conventions adopted under the aegis of the Council of Europe, the new text dispenses with Recommendations and other instruments adopted within the Council of Europe but having less than binding force. Council of Europe texts having legal force are now arranged in chronological order. The chapter of materials from the Conference on Security and Cooperation has been eliminated. A decision was taken not to include materials from its successor, the Organization for Security and Cooperation in Europe; for although it discharges important functions in relation to border management, combating traffic in humans and protection of minorities, the texts emanating from the Organization appear to be of less direct relevance to litigation than the other texts for which it was necessary to make space. The editor expresses his thanks to Ms Bal Sokhi-Bulley of the Law Department, University of Nottingham, for her painstaking assistance in revising tables of ratifications and declarations. Save where stated otherwise, the text is presented as at 31st December 2005. ROP 20 Essex Street, London WC2

PART ONE General Multilateral Instruments

jurisdictional or international status of the country or territory to which a person belongs. whether it be independent. national or social origin. no distinction shall be made on the basis of the political. Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal.] Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration. [. language. .] Article 5 No one shall be subjected to torture or to cruel. [. trust. shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures. religion. inhuman or degrading treatment or punishment. [. .] . birth or other status. property.3 I. such as race. to secure their universal and effective recognition and observance. both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. national and international. . detention or exile. Furthermore. keeping this Declaration constantly in mind. non-self-governing or under any other limitation of sovereignty. without distinction of any kind. political or other opinion. . sex. [. to the end that every individual and every organ of society. in the determination of his rights and obligations and of any criminal charge against him. UNIVERSAL DECLARATION OF HUMAN RIGHTS (Excerpts) Adopted by General Assembly Resolution 217 A (III) of 10 December 1948 U.1. . .] Article 9 No one shall be subjected to arbitrary arrest.N. Doc A/810 at 71 (1948) The General Assembly Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations. . . colour.

have the right to marry and to found a family. . . family. (2) Everyone has the right to leave any country.] (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Article 16 (1) Men and women of full age. including his own. during marriage and at its dissolution. Article 15 (1) Everyone has the right to a nationality. (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. Everyone has the right to the protection of the law against such interference or attacks. without any limitation due to race. Article 14 (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution. nor to attacks upon his honour and reputation. nationality or religion. (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. [.4 Article 12 No one shall be subjected to arbitrary interference with his privacy. . and to return to his country. Article 13 (1) Everyone has the right to freedom of movement and residence within the borders of each state. They are entitled to equal rights as to marriage. . [.] . home or correspondence.

ALGERIA 20 Jun 1960. ST VINCENT AND THE . BHUTAN 10 Jan 1991. JAMAICA 20 Jul 1964. MYANMAR 25 Aug 1992. ECUADOR 11 Aug 1954. CAMEROON 16 Sep 1963. LESOTHO 20 May 1968. CYPRUS 23 May 1962.T. RUSSIAN FEDERATION 10 May 1954 (*11. ETHIOPIA 2 Oct 1969. CHINA 28 Dec 1956 (*general). RWANDA 5 May 1964. FRANCE 28 Jun 1951. KOREA (NORTH) 27 Aug 1957 (*11. CENTRAL AFRICAN REPUBLIC 1 Aug 1966. BAHAMAS 11 Jul 1975. ST LUCIA 18 Sep 1981. ST KITTS AND NEVIS 14 Feb 1986. ERITREA 14 Aug 2000. POLAND 26 Nov 1954 (*11. IRAN 20 Feb 1957 (*general). ANDORRA 17 Sep 1993. NICARAGUA 17 Dec 1953. MADAGASCAR 18 Jul 1963. PALAU 25 Jun 1996. JORDAN 29 May 1951. GUATEMALA 14 May 1952. 45). IRELAND 27 Sep 1962. 45). ISRAEL 6 Jul 1951 (*38).N. BELGIUM 3 Sep 1952. MOZAMBIQUE 14 Mar 1983. AUSTRIA 27 Aug 1953. PAPUA NEW GUINEA 26 May 1976. QATAR 15 Oct 1975. 45). ICELAND 10 Aug 1965. AUSTRALIA 14 Oct 1958. CONGO 4 Feb 1967. DOMINICA 28 Sep 1981. CONGO (DEM. GERMANY 3 Sep 1954. HAITI 11 Apr 1957. 45). LIECHTENSTEIN 21 Sep 1950. PAKISTAN 12 Jun 1951 (*44. BARBADOS 10 Sep 1968. EL SALVADOR 17 Jun 1953. GRENADA 13 Apr 1981.45). BANGLADESH 4 Apr 1972. AZERBAIJAN 1 Jun 1993.) 24 Feb 1961. CUBA 15 Apr 1954. ESTONIA 18 Jan 1993. CAPE VERDE 11 May 1984. KOREA (SOUTH) 16 Aug 1966 (*68(2)). GABON 20 Feb 1965. BURUNDI 27 Dec 1971. CHAD 5 Aug 1970. NAMIBIA 22 Aug 1991. LIBYA 22 May 1956. BOTSWANA 29 Mar 1968. KYRGYZSTAN 18 Sep 1992. FIJI 9 Aug 1971. HONDURAS 31 Dec 1965. ARMENIA 7 Jun 1993. INDONESIA 30 Sep 1958. 287 AFGHANISTAN 26 Sep 1956. CZECH REPUBLIC 5 Feb 1993. MICRONESIA 19 Sep 1995. MALAYSIA 24 Aug 1962. GHANA 2 Aug 1958. ANTIGUA AND BARBUDA 6 Oct 1986. 45).2. ITALY 17 Dec 1951. MALI 24 May 1965. LEBANON 10 Apr 1951. MAURITIUS 18 Aug 1970.5 I. BAHRAIN 30 Nov 1971. LAOS 29 Oct 1956. LIBERIA 29 Mar 1954. GEORGIA 14 Sep 1993. JAPAN 21 Apr 1953. KAZAKHSTAN 5 May 1992. MEXICO 29 Oct 1951. KENYA 20 Sep 1966. HUNGARY 3 Aug 1954. EQUATORIAL GUINEA 24 Jul 1986. NIGER 21 Apr 1964. CHILE 12 Oct 1950. CAMBODIA 8 Dec 1958. GUINEA 11 Jul 1984. DJIBOUTI 6 Mar 1978. PERU 15 Feb 1956. CROATIA 11 May 1992. MALDIVES 18 Jun 1991. CANADA 14 May 1965. DENMARK 27 Jun 1951. PANAMA 10 Feb 1956. COTE D’IVOIRE 28 Dec 1961. BRUNEI 14 Oct 1991. MONGOLIA 20 Dec 1958. BENIN 14 Dec 1961. LUXEMBOURG 1 Jul 1953. COMOROS 21 Nov 1985. EGYPT 10 Nov 1952. ANGOLA 20 Sep 1984.S. LATVIA 24 Dec 1991. GUYANA 22 Jul 1968. OMAN 31 Jan 1974. PORTUGAL 14 Mar 1961 (*3. MOLDOVA 24 May 1993. BELARUS 3 Aug 1954. GUINEA-BIS5AU 21 Feb 1974 (*11. BULGARIA 22 Jul 1954 (*11. PARAGUAY 23 Oct 1961. BOSNIA AND HERZEGOVINA 31 Dec 1992. COSTA RICA 15 Oct 1969. NEPAL 7 Feb 1964. INDIA 9 Nov 1950. PHILIPPINES 6 Oct 1952. NETHERLANDS 3 Aug 1954. MOROCCO 26 Jul 1956. CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR (Excerpts) Geneva 12 August 1949 75 U. MAURITANIA 30 Oct 1962. KUWAIT 2 Sep 1967. NIGERIA 20 Jun 1961. BRAZIL 29 Jun 1957. NEW ZEALAND 2 May 1959 (*68(2)). IRAQ 14 Feb 1956. HOLY SEE 22 Feb 1951. GREECE 5 Jun 1956. MONACO 5 Jul 1950. MACEDONIA (FORMER YUGOSLAV REPUBLIC) 1 Sep 1993 (*11. 68(2)). FINLAND 22 Feb 1955. BURKINA FASO 7 Nov 1961. 11). ROMANIA 1 Jun 1954. BOLIVIA 10 Dec 1976. MALTA 22 Aug 1968. MALAWI 5 Jan 1968. BELIZE 29 Jun 1984. ALBANIA 27 May 1957 (*11. COLOMBIA 8 Nov 1961. DOMINICAN REPUBLIC 22 Jan 1958. KIRIBATI 5 Jan 1989. MARSHALL ISLANDS 1 Jun 2004. NORWAY 3 Aug 1951. GAMBIA 20 Oct 1966 (*general). 45). REP. COOK ISLANDS 11 Jun 2001. ARGENTINA 18 Sep 1956.

Persons taking no active part in the hostilities. The wounded and sick shall be collected and cared for. SIERRA LEONE 10 Jun 1965. religion or faith. or any other cause. all or part of the other provisions of the present Convention. SAN MARINO 29 Aug 1953. detention. the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) Violence to life and person. UZBEKISTAN 8 Oct 1993. TURKEY 10 Feb 1954. each Party to the conflict shall be bound to apply. . TONGA 13 Apr 1978. the following provisions: 1. TURKMENISTAN 10 Apr 1992. SERBIA AND MONTENEGRO 16 Oct 2001 SEYCHELLES 8 Nov 1984. SAUDI ARABIA 18 May 1963. shall in all circumstances be treated humanely. in particular murder of all kinds. ZAMBIA 19 Oct 1966. VIETNAM 28 Jun 1957 (*11. in particular humiliating and degrading treatment. may offer its services to the Parties to the conflict. An impartial humanitarian body. TANZANIA 12 Dec 1962.6 GRENADINES 1 Apr 1981. SURINAME 13 Oct 1976 (*68(2)). SAMOA 23 Aug 1984. SÃO TOME AND PRINCIPE 21 May 1976. THAILAND 29 Dec 1954. sex. 45). SENEGAL 18 May 1963. by means of special agreements. *YEMEN 16 Jul 1970 (YAR). SWITZERLAND 31 Mar 1950. SOUTH AFRICA 31 Mar 1952. UNITED ARAB EMIRATES 10 May 1972. colour. SPAIN 4 Aug 1952. TRINIDAD AND TOBAGO 24 Sep 1963. TIMOR-LESTE 8 May 2003. UNITED KINGDOM 23 Sep 1957. TOGO 6 Jan 1962. birth or wealth. such as the International Committee of the Red Cross. TAJIKISTAN 13 Jan 1993. UNITED STATES OF AMERICA 2 Aug 1955 (*68(2)). . SLOVAKIA 2 Apr 1993. (c) Outrages upon personal dignity. UGANDA 18 May 1964. 2. SRI LANKA 23 Feb 1959. SLOVENIA 26 Mar 1992. VANUATU 27 Oct 1982. TUNISIA 4 May 1957. UKRAINE 3 Aug 1954 (*11. (b) Taking of hostages. or any other similar criteria. To this end.] Article 3 In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties. VENEZUELA 13 Feb 1956. TUVALU 19 Feb 1981. affording all the judicial guarantees which are recognized as indispensable by civilized peoples. SINGAPORE 27 Apr 1973. without any adverse distinction founded on race. wounds. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. URUGUAY 5 Mar 1969 (*68). SWAZILAND 28 Jun 1973. SWEDEN 28 Dec 1953. including members of armed forces who have laid down their arms and those placed hors de combat by sickness. SUDAN 23 Sep 1957. SOLOMON ISLANDS 6 Jul 1981. The Parties to the conflict should further endeavour to bring into force. 25 May 1977 (Yemen PDR). SOMALIA 12 Jul 1962. mutilation. ZIMBABWE 7 Mar 1983 [. SYRIA 2 Nov 1953. . 45). as a minimum. (d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court. cruel treatment and torture.

shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are. . shall not be considered as protected persons within the meaning of the present Convention. unless their departure is contrary to the national interests of the State. [. or by the Geneva Convention for the Amelioration of the Condition of Wounded. 1949. Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12. at a given moment and in any manner whatsoever. The applications of such persons to leave shall be decided in accordance with regularly established procedures and the decision shall be taken as rapidly as possible.] Article 26 Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to the war. in the hands of a Party to the conflict or Occupying Power of which they are not nationals. as defined in Article 13. 1949. The provisions of Part II are. the work of organizations engaged on this task provided they are acceptable to it and conform to its security regulations. wider in application. Nationals of a State which is not bound by the Convention are not protected by it. if possible. with the object of renewing contact with one another and of meeting. find themselves. . If any such person is refused permission to leave the territory. or by the Geneva Convention relative to the Treatment of Prisoners of War of August 12. Sick and Shipwrecked Members of Armed Forces at Sea of August 12. It shall encourage. in particular. or during a conflict. shall be entitled to do so. .] Article 35 All protected persons who may desire to leave the territory at the outset of. .7 Article 4 Persons protected by the Convention are those who. however. 1949. [. Nationals of a neutral State who find themselves in the territory of a belligerent State. in case of a conflict or occupation. . he shall be entitled to have such refusal reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. and nationals of a co-belligerent State. Those persons permitted to leave may provide themselves with the necessary funds for their journey and take with them a reasonable amount of their effects and articles of personal use.

.] Article 44 In applying the measures of control mentioned in the present Convention. be settled by special agreements between the Powers concerned. All costs in connection therewith. enjoy the protection of any government. by the Power whose nationals are benefited. [. Protected persons may be transferred by the Detaining Power only to a Power which is a party to the present Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the present Convention. be furnished with the reasons for refusal of any request for permission to leave the territory and be given. upon being so notified by the . representatives of the Protecting Power shall. if necessary. or the persons concerned object. This provision shall in no way constitute an obstacle to the repatriation of protected persons. The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands. shall be borne by the country of destination. in fact. or. as expeditiously as possible. if that Power fails to carry out the provisions of the present Convention in any important respect. the Power by which the protected persons were transferred shall. refugees who do not. Nevertheless. The practical details of such movements may. If protected persons are transferred under such circumstances. the Detaining Power shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy State. Article 45 Protected persons shall not be transferred to a Power which is not a party to the Convention. in the case of accommodation in a neutral country. from the point of exit in the territory of the Detaining Power. the names of all persons who have been denied permission to leave. responsibility for the application of the present Convention rests on the Power accepting them. Article 36 Departures permitted under the foregoing Article shall be carried out in satisfactory conditions as regards safety.8 Upon request. unless reasons of security prevent it. sanitation and food. hygiene. or to their return to their country of residence after the cessation of hostilities. . while they are in its custody.

to the greatest practicable extent. in accordance with the law of the Detaining Power. health. Article 46 In so far as they have not been previously withdrawn. as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country. as soon as possible after the close of hostilities. Such request must be complied with. The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies. take effective measures to correct the situation or shall request the return of the protected persons. the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons do demand. in pursuance of extradition treaties concluded before the outbreak of hostilities. Restrictive measures affecting their property shall be cancelled. The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place. that proper accommodation is provided to receive the protected persons.9 Protecting Power. are prohibited. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. restrictive measures taken regarding protected persons shall be cancelled as soon as possible after the close of hostilities. and that members of the same family are not separated. . [. . In no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs. safety and nutrition. of protected persons accused of offences against ordinary criminal law. The Occupying Power undertaking such transfers or evacuations shall ensure.] Article 49 Individual or mass forcible transfers. The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand. The provisions of this Article do not constitute an obstacle to the extradition. that the removals are effected in satisfactory conditions of hygiene. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased. . regardless of their motive. occupied or not. Nevertheless.

3c). ARGENTINA 26 Nov 1986 (*1. 78. OMAN 29 Mar 1983 (*general). MALTA 17 Apr 1989 (*75(4e. CAPE VERDE 16 Mar 1995. LEBANON 23 Jul 1997.4). LESOTHO 20 May 1994. DOMINICA 25 Apr 1996. 58. 49. PROTOCOL I ADDITIONAL TO THE GENEVA CONVENTION OF 12 AUGUST 1949 RELATIVE TO THE PROTECTION OF VICTIMS OF INTERNATIONAL ARMED CONFLICTS. 85(3c). PARAGUAY 30 Nov 1990. BAHRAIN 30 Oct 1986. 96(3)).N. 51–58. 8 June 1977 1125 U. 90). COOK ISALNDS 7 May 2002. 90(2). 48. 57. CHINA 14 Sep 1983 (*88(2)). 90(2)). 85(4b). 35(2. GRENADA 23 Aug 1998. 90. NORWAY 14 Dec 1981. *general). 28(2). ETHIOPIA 8 Apr 1994. 44. 86. 41. HONDURAS 16 Feb 1995. 56. LITHUANIA 13 Jul 2000. HUNGARY 12 Apr 1989. GUYANA 18 Jan 1988. 58. 1977 (Excerpts) Geneva. 86. 96). BELIZE 29 Jun 1984. 41. EL SALVADOR 23 Nov 1978. 49. ANTIGUA AND BARBUDA 6 Oct 1986. COSTA RICA 15 Dec 1983. 8. 57(2a(iii). CONGO (DEMOCRATIC REPUBLIC) 3 Jun 1982. 48. 86. CHAD 17 Jan 1997. 86). 96(3)). 51–60. 51–58. CYPRUS 1 Jun 1979. AUSTRIA 13 Aug 1982 (*57(2). PERU . BOTSWANA 23 May 1979. BELGIUM 20 May 1986 (*1(4) 41. 38. 90). NICARAGUA 19 Jul 1999. 44. LIECHTENSTEIN 10 Aug 1989 (*75(4e. JAPAN 21 Aug 2004 (*44(3). NETHERLANDS 26 Jun 1987 (*41(3). 75(4e.10 I. 90). KOREA (NORTH) 9 Mar 1988. KOREA (SOUTH) 15 Jan 1982 (*44(3). PALAU 25 June 1996. ALGERIA 16 Aug 1989 (*41(3). MADAGASCAR 8 May 1992. NIGER 8 Jun 1979. ANGOLA 20 Sep 1984 (*general). 90(2). 3 ALBANIA 16 Jul 1993. 43(3). FINLAND 7 Aug 1980 (*75(4h). CUBA 25 Nov 1982. 47. LIBYA 7 Jun 1978. 51–58. CONGO 10 Nov 1983. 39. BULGARIA 26 Sep 1989. 35. NIGERIA 10 Oct 1988. 91. MEXICO 10 Mar 1983. MACEDONIA (FORMER YUGOSLAV REPUBLIC) 1 Sep 1993 (*90.3). 90. general). 8) 52(2). 43(1).MAURITANIA 14 May 1980. 96(3a. 51–58. 90. MAURITIUS 22 Mar 1982 (*general). 90). 96(3). 61. 78(1). GREECE 31 Mar 1989 (*90). KENYA 23 Feb 1999. 58.S. 2b). CAMEROON 16 Mar 1984. HOLY SEE 21 Nov 1985 (*general). 78. 75. BURUNDI 10 Jun 1993. JAMAICA 29 Jul 1986. EGYPT 9 Oct 1992 (*general). ITALY 27 Feb 1986 (*41. LATVIA 24 Dec 1991. *general) NEW ZEALAND 8 Feb 1988 (*44(1). 49. h). MICRONESIA 19 Sep 1995. KUWAIT 17 Jan 1985. CHILE 24 Apr 1991. GUATEMALA 19 Oct 1987. COLOMBIA 1 Sept 1993. 90). MALI 8 Feb 1989. 90). FRANCE 11 Apr 2001 (*1(4). 96(3)). 85. 44. 54(2). 70. KAZAKHSTAN 5 May 1992. JORDAN 1 May 1979. LIBERIA 30 Jun 1988. 44(3). 56. 42(2. 78.*general) GHANA 28 Feb 1978. 47(2) 57(2). 90).T. GABON 8 Apr 1980. ARMENIA 7 Jun 1993. MOZAMBIQUE 14 Mar 1983. MALAWI 7 Oct 1991. 57. CZECH REPUBLIC 5 Feb 1993. 44(3). i). LAOS 18 Nov 1980. BRUNEI 14 Oct 1991. BANGLADESH 8 Sep 1980. DENMARK 17 Jun 1982 (*75(4h). IRELAND 19 May 1999 (811(2c). 41. CROATIA 11 May 1992 (*90). 85(2). GEORGIA 4 Sep 1993. COMOROS 21 Nov 1985. 51. 86(2). 43(3). 51(5b. CANADA 20 Nov 1990 (*11. MOLDOVA 24 May 1993. CENTRAL AFRICAN REPUBLIC 17 Jul 1984. EQUATORIAL GUINEA 24 Jul 1986. 55. BENIN 28 May 1986. GUINEABISSAU 21 Oct 1986. BRAZIL 5 May 1992. KYRGYZSTAN 18 Sep 1992.4h). BELARUS 23 Oct 1989 (*90). 43. h. BURKINA FASO 20 Oct 1987. 44(3). GERMANY 14 Feb 1991 (*1(4). ESTONIA 18 Jan 1993. BOSNIA-HERZEGOVINA 31 Dec 1992. 62. MONACO 7 Jan 2000. BOLIVIA 8 Dec 1983. BAHAMAS 10 Apr 1980. 51–58. 51. BARBADOS 19 Feb 1990.3. GUINEA 11 Jul 1984. general). ECUADOR 10 Apr 1979. 28(2). 85.3. DJIBOUTI 8 Apr 1991. CAMBODIA 14 Jan 1998. 44(3). 47. 78. DOMINICAN REPUBLIC 26 May 1994. 44(1)). 50(1). LUXEMBOURG 29 Aug 1989. 52. CÔTE D’IVOIRE 20 Sep 1989. AUSTRALIA 21 Jun 1991 (*5. 86. MALDIVES 3 Sep 1991. NAMIBIA 17 Jun 1994 (*90(2a)). 86. GAMBIA 12 Jan 1989. 90). ICELAND 10 Apr 1987 (*75(4h) 90). 44. 75. 58. PANAMA 18 Sep 1995. MONGOLIA 6 Dec 1995 (*88)2).

SAN MARINO 5 Apr 1994. 45 and 73 of this Protocol. . supplemented by this Section. VENEZUELA 23 Jul 1998. in all circumstances and without any adverse distinction. 35(3). URUGUAY 13 Dec 1985. TUNISIA 9 Aug 1979. SWAZILAND 2 Nov 1995. Article 74 The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the reunion of families dispersed as a result of armed conflicts and shall encourage in particular the work of the humanitarian organizations engaged in this task in accordance with the provisions of the Conventions and of this Protocol and in conformity with their respective security regulations. TANZANIA 15 Feb 1983. UNITED ARAB EMIRATES 9 Mar 1983 (*90. UK 28 Jan 1998 (*1(4). ST LUCIA 7 Oct 1982. were considered as stateless persons or refugees under the relevant international instruments accepted by the Parties concerned or under the national legislation of the State of refuge or State of residence shall be protected persons within the meaning of Parts I and III of the Fourth Convention. UZBEKISTAN 8 Oct 1993. SAUDI ARABIA 21 Aug 1987 (*5). SWEDEN 31 Aug 1979 (*75(4). SLOVENIA 26 Mar 1992. The provisions of the Conventions relating to the repression of breaches and grave breaches. SEYCHELLES 8 Nov 1984. SÃO TOME AND PRINCIPE 5 Jul 1996. SPAIN 21 Apr 1989 (*1(4). VIETNAM 19 Oct 1981. *general). SAMOA 23 Aug 1984. or against those . general). TURKMENTSTAN 10 Apr 1992. 44(3). 44(3). SIERRA LEONE 21 Oct 1986. SYRIA 14 Nov 1983. ZIMBABWE 19 Oct 1992 [. 90. YEMEN 17 Apr 1990. TIMOR-LESTE 12 Apr 2005. SERBIA AND MONTENEGRO 16 Oct 2001. UGANDA 13 Mar 1991. 96(3)). SWITZERLAND 17 Feb 1982. 51–58. SLOVAKIA 2 Apr 1993. ST KITTS AND NEVIS 14 Feb 1986. TONGA 20 Jan 2003.41. . RWANDA 19 Nov 1984. RUSSIA 29 Sep 1989 (*90. 50. TRINIDAD AND TABAGO 20 Jul 2001. 85(3c).] Article 73 Persons who. SENEGAL 7 May 1985. PORTUGAL 27 May 1992 (*90). sick and shipwrecked of the adverse Party who are protected by this Protocol. TAJIKJSTAN 13 Jan 1993. . QATAR 5 Apr 1988 (*90). ZAMBIA 4 May 1995. or against the wounded. shall apply to the repression of breaches and grave breaches of this Protocol. Acts described as grave breaches in the Conventions are grave breaches of this Protocol if committed against persons in the power of an adverse Party protected by Articles 44. . before the beginning of hostilities. 90. 2. 51–58. SURINAME 16 Dec 1985. TOGO 21 Jun 1984 (*90).11 14 Jul 1989. ST VINCENT AND THE GRENADINES 8 Apr 1983. 90). general).] Article 85 1. ROMANIA 21 Jun 1990. 96(3). POLAND 23 Oct 1991. SOUTH AFRICA 21 Nov 1995. SOLOMON ISLANDS 19 Sep 1988. [. UKRAINE 25 Jan 1990. 28(2). VANUATU 28 Feb 1985. 70. 41.

[. (e) Making a person the object of attack in the knowledge that he is hors de combat. in violation of Article 49 of the Fourth Convention. injury to civilians or damage to civilian objects. based on racial discrimination. where there is no evidence of the violation by the adverse Party of Article 53. 3. 4. paragraph 2 (a) (iii). the following shall be regarded as grave breaches of this Protocol. the following acts shall be regarded as grave breaches of this Protocol. (b) Unjustifiable delay in the repatriation of prisoners of war or civilians. grave breaches of these instruments shall be regarded as war crimes. works of art or places of worship which constitute the cultural or spiritual heritage of peoples and to which special protection has been given by special arrangement. red crescent or red lion and sun or of other protective signs recognized by the Conventions or this Protocol. in violation of Article 37. (a) The transfer by the Occupying Power of parts of its own civilian population into the territory it occupies. . or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory. for example. paragraph 2 (a) (iii).12 medical or religious personnel. . as defined in Article 57. of the distinctive emblem of the red cross. when committed wilfully and in violation of the Conventions of the Protocol. sub-paragraph (b). medical units or medical transports which are under the control of the adverse Party and are protected by this Protocol.] . causing as a result extensive destruction thereof. (c) Practices of apartheid and other inhuman and degrading practices involving outrages upon personal dignity. and causing death or serious injury to body or health: (a) Making the civilian population or individual civilians the object of attack. the object of attack. and when such historic monuments. (d) Making the clearly-recognized historic monuments. works of art and places of worship are not located in the immediate proximity of military objectives: (e) Depriving a person protected by the Conventions or referred to in paragraph 2 of this Article of the rights of fair and regular trial. (f ) The perfidious use. In addition to the grave breaches defined in Article 11. (b) Launching an indiscriminate attack affecting the civilian population or civilian objects in the knowledge that such attack will cause excessive loss of life. as defined in Article 57. (c) Launching an attack against works or installations containing dangerous forces in the knowledge that such attack will cause excessive loss of life. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions. in violation of the relevant provisions of this Protocol. when committed willfully. 5. (d) Making non-defended localities and demilitarized zones the object of attack. Without prejudice to the application of the Conventions and of this Protocol. within the framework of a competent international organization. injury to civilians or damage to civilian objects.

2. and when circumstances permit. the High Contracting Parties shall co-operate in the matter of extradition. The High Contracting Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of grave breaches of the Conventions or of this Protocol. however. The law of the High Contracting Party requested shall apply in all cases. Subject to the rights and obligations established in the Conventions and in Article 85. paragraph 1.13 Article 88 1. of this Protocol. . The provisions of the preceding paragraphs shall not.] . . They shall give due consideration to the request of the State in whose territory the alleged offence has occurred. affect the obligations arising from the provisions of any other treaty of a bilateral or multilateral nature which governs or will govern the whole or part of the subject of mutual assistance in criminal matters. 3. [.

EQUATORIAL GUINEA 30 Aug 1976. SIERRA LEONE 13 Aug 1962. BELGIUM 2 May 1968. NIGER 5 Dec 1962. CROATIA 12 Oct 1992. QATAR 6 Jun 1986 (*27(3). Malta considers itself bound since 1 Oct 1964). SAINT LUCIA 27 Aug 1986. FRANCE 31 Dec 1970 (*38(1)). NAURU 5 May 1978. GERMANY 11 Nov 1964. NETHERLANDS 7 Sep 1984. KOREA (NORTH) 29 Oct 1980. MADAGASCAR 31 Jul 1963. DJIBOUTI 2 Nov 1978. GUINEA 10 Jan 1968. PAPUA NEW GUINEA 4 Dec 1975. NIGERIA 19 Jun 1967. 50). MOROCCO 19 Jun 1968 (*37(2)). MYANMAR 7 Mar 1980. ELSALVADOR 9 Dec 1965. 37(2)). ARMENIA 23 Jun 1993. NORWAY 24 Oct 1967. SENEGAL 12 Oct 1972. SAN MARINO 8 Sep 1965. BELARUS 14 May 1964 (*11(1). MALTA 7 Mar 1967 (*37(2). 50). IRELAND 10 May 1967. CONGO 11 Mar 1963. SOMALIA 29 Mar 1968.CAMEROON 4 Mar 1977. *general concerning Israel). COTE D’IVOIRE 1 Oct 1962. SAUDI ARABIA 10 Feb 1981 (*general). CYPRUS 10 Sep 1968. HONDURAS 13 Feb 1968. CUBA 26 Sep 1963 (*48. SOUTH . KAZAKHSTAN 5 Jan 1994. CAPE VERDE 30 Jul 1979.S. 48. EGYPT 9 Jun 1964 (*37(2)). BRAZIL 25 Mar 1965. SLOVENIA 6 Jul 1992. AZERBAIJAN 13 Aug 1992. BARBADOS 6 May 1968. PARAGUAY 23 Dec 1969. MACEDONIA 18 Aug 1993. MEXICO 16 Jun 1965. BANGLADESH 13 Jan 1978. 16). JAPAN 8 Jun 1964 (*34(a)). JAMAICA 5 Jun 1963. ICELAND 18 May 1971. MALAYSIA 9 Nov 1965. BOLIVIA 28 Dec 1977. GUATEMALA 1 Oct 1963. DENMARK 2 Oct 1968. ERITREA 14 Jan 1997. POLAND 19 Apr 1965. COSTA RICA 9 Nov 1964. KENYA 1 Jul 1965. LATVIA 13 Feb 1992.T. MALI 28 Mar 1968. KYRGYZSTAN 7 Oct 1994. FINLAND 9 Dec 1969. general concerning Israel). GUYANA 28 Dec 1972. MICRONESIA 29 Apr 1991. MOZAMBIQUE 18 Nov 1981 (*48. PORTUGAL 11 Sep 1968. MOLDOVA 26 Jan 1993. BHUTAN 7 Dec 1972. 48. 37(3). NEPAL 28 Sep 1965 (*8(3)). MAURITIUS 18 Jul 1969. HAITI 2 Feb 1978. 48. LITHUANIA 15 Jan 1992. DOMINICA 24 Nov 1987. 95 AFGHANISTAN 6 Oct 1965. LIBERIA 15 May 1962. SLOVAKIA 28 May 1993. AUSTRIA 28 Apr 1966. ECUADOR 21 Sep 1964. OMAN 31 May 1974 (*general concerning Israel). BULGARIA 17 Jan 1968 (*11(1). NEW ZEALAND 23 Sep 1970. IRAQ 15 Oct 1963 (*37(2)).SAMOA 26 Oct 1987. HOLY SEE 17 Apr 1964. KIRIBATI 2 Apr 1982. MAURITANIA 16 Jul 1962. CHAD 3 Nov 1977. PAKISTAN 29 Mar 1962. GRENADA 2 Sep 1992. LIBYA 7 Jun 1977 (*27(4). INDONESIA 4 Jun 1982. CHILE 9 Jan 1968. ALBANIA 18 Feb 1988.14 I. LESOTHO 26 Nov 1969. ROMANIA 15 Nov 1968 (*48. CONVENTION ON DIPLOMATIC RELATIONS (Excerpts) Vienna. 50). ITALY 25 Jun 1969. AUSTRALIA 26 Jan 1968. BURKINA FASO 4 May 1987. 50). KOREA (SOUTH) 28 Dec 1970. ESTONIA 21 Oct 1991. MONGOLIA 5 Jan 1967 (*48. HUNGARY 24 Sep 1965 (*48). INDIA 15 Oct 1965. 18 April 1961 500 U. DOMINICAN REPUBLIC 14 Jan 1964. CAMBODIA 31 Aug 1965 (*37(2)). LUXEMBOURG 17 Aug 1966. LAOS 3 Dec 1962.N. FIJI 21 Jun 1971. BENIN 27 Mar 1967. 50). LEBANON 16 Mar 1971. GUINEABISSAU 11 Aug 1993. ANGOLA 9 Aug 1990. CHINA 25 Nov 1975 (*14. GABON 2 Apr 1964. CENTRAL AFRICAN REPUBLIC 18 Mar 1973. MALAWI 19 May 1965. GEORGIA 12 Jul 1993. 50). JORDAN 29 Jul 1971. IRAN 3 Feb 1965. SÃO TOME AND PRINCIPE 3 May 1983. PHILIPPINES 15 Nov 1965. BAHRAIN 2 Nov 1971 (*27(3). CZECH REPUBLIC 22 Feb 1993. BAHAMAS 17 Mar 1977. BOTSWANA 11 Apr 1969 (*37). ISRAEL 11 Aug 1970. CANADA 25 May 1966. SEYCHELLES 29 May 1979. ARGENTINA 10 Oct 1963. RWANDA 15 Apr 1964. *general concerning Israel). COLOMBIA 5 Apr 1973. LIECHTENSTEIN 8 May 1964. RUSSIA 25 Mar 1964 (*11(1). ETHIOPIA 22 Mar 1979. BOSNIA AND HERZEGOVINA 1 Sep 1993. KUWAIT 23 Jul 1969 (*27(4). ALGERIA 14 Apr 1964. GREECE 16 Jul 1970. NICARAGUA 31 Oct 1975. GHANA 28 Jun 1962. MARSHALL ISLANDS 9 Aug 1991.4. ANDORRA 3 Jul1996. 50). PANAMA 4 Dec 1963. NAMIBIA 14 Sep 1992. PERU 18 Dec 1968. BURUNDI 1 May 1968.

and related charges other than charges for storage.] Article 26 Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security. or when returning to his own country. which has granted him a passport visa if such visa was necessary. SWEDEN 21 Mar 1967. UK 1 Sep 1964. UKRAINE 12 Jun 1964 (*11(1). TOGO 27 Nov 1970. . THAILAND 23 Jan 1985. ZAMBIA 16 Jun 1975. SUDAN 13 Apr 1981(*37(2)). . TAJIKISTAN 3 May 1996.TRINIDAD AND TOBAGO 19 Oct 1965. ZIMBABWE 13 May 1991 [. .VIETNAM 26 Aug 1980 (*37(2). cartage and similar services. . including articles intended for his establishment.] Article 36 1. . [. . Such inspection shall be conducted only in the presence of the diplomatic agent or of his authorized representative. TUNISIA 24 Jan 1968. 50). on: (a) articles for the official use of the mission. SURINAME 28 Oct 1992. taxes. the third State shall accord him inviolability and such other immunities as may be required to . 48. TURKEY 6 Mar 1985.] Article 40 1. URUGUAY 10 Mar 1970. [. SWITZERLAND 30 Oct 1963. or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the receiving State. VENEZUELA 16 Mar 1965 (*38). YEMEN 24 Nov 1976. in accordance with such laws and regulations as it may adopt. 2. 48. ZAIRE 19 Jul 1965. The personal baggage of a diplomatic agent shall be exempt from inspection. permit entry of and grant exemption from all customs duties. SYRIA 4 Aug 1978 (*36(1). UGANDA 15 Apr 1965. 50). the receiving State shall ensure to all members of the mission freedom of movement and travel in its territory. TONGA 31 Jan 1973. unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in paragraph 1 of this Article. SWAZILAND 25 Apr 1969. YUGOSLAVIA 1 Apr 1963. If a diplomatic agent passes through or is in the territory of a third State. SPAIN 21 Nov 1967. (b) articles for the personal use of a diplomatic agent or members of his family forming part of his household. 15 TURKMENTSTAN 25 Sep 1996. TUVALU 15 Sep 1982. UAE 24 Feb 1977 (*general concerning Israel). *general). UZBEKJSTAN 2 Mar 1992. The receiving State shall.15 AFRICA 21 Aug 1989. TANZANIA 5 Nov 1962. USA 13 Nov 1972. SRI LANKA 2 Jun 1978. while proceeding to take up or to return to his post.

in particular. to leave at the earliest possible moment. grant facilities in order to enable persons enjoying privileges and immunities. even in case of armed conflict. place at their disposal the necessary means of transport for themselves and their property. . and members of the families of such persons irrespective of their nationality. 2. . . The same shall apply in the case of any members of his family enjoying privileges or immunities who are accompanying the diplomatic agent. other than nationals of the receiving State. . In circumstances similar to those specified in paragraph 1 of this Article. or travelling separately to join him or to return to their country. and of members of their families. [.] Article 44 The receiving State must. It must. through their territories. third States shall not hinder the passage of members of the administrative and technical or service staff of a mission.] . [.16 ensure his transit or return. in case of need.

MYANMAR 2 Jan 1997 (*reservation awaiting translation). MAURITIUS 13 May 1970. BELGIUM 9 Sep 1970. 68). PHILIPPINES 15 Nov 1965. DOMINICAN REPUBLIC 4 Mar 1964. ITALY 25 Jun 1969 (*36(lc)). GHANA 4 Oct 1963. . MALAYSIA 1 Oct 1991. AUSTRIA 12 Jun 1969. MADAGASCAR 17 Feb 1967. 76). CAMEROON 22 May 1967. 22. TUNISIA 8 Jul 1964. *general concerning Israel). NEPAL 28 Sep 1965. SENEGAL 29 Apr 1965. JORDAN 7 Mar 1973. 35(1)). COSTA RICA 29 Dec 1966. TANZANIA 18 Apr 1977. KIRIBATI 2 Apr 1982. MARSHALL ISLANDS 9 Aug 1991.T. CUBA 15 Oct 1965 (*74. EGYPT 21 Jun 1965 (*46(1). FINLAND 2 Jul 1980 (*35(1). 76). IRAQ 14 Jan 1970 (*general concerning Israel). ARGENTINA 7 Mar 1967. NIGER 26 Apr 1966. BURKINA FASO 11 Aug 1964. LEBANON 20 Mar 1975. TRINIDAD AND TOBAGO 19 Oct 1965. MEXICO 16 Jun 1965 (*31(4)). CHINA 2 Jul 1979. SPAIN 3 Feb 1970. LITHUANIA 15 Jan 1992. general). KUWAIT 31 Jul 1975 (*general concerning Israel). DJIBOUTI 2 Nov 1978. CYPRUS 14 Apr 1976. GUATEMALA 9 Feb 1973. MOROCCO 23 Feb 1977 (*62. BAHAMAS 17 Mar 1977. OMAN 31 May 1974 (*general concerning Israel). PORTUGAL 13 Sep 1972. MALDIVES 21 Jan 1991. CROATIA 12 Oct 1992. 261 ALBANIA 4 Oct 1991. EQUATORIAL GUINEA 30 Aug 1976. MOLDOVA 26 Jan 1993. CZECH REPUBLIC 22 Feb 1993. BELARUS 21 Mar 1989. ISRAEL signed 25 Feb 1964. SAUDI ARABIA 29 Jun 1988 (*general). KAZAKHSTAN 5 Jan 1994. 58(1). LATVIA 13 Feb 1992. TAJIKISTAN 6 May 1996. RUSSIA 15 Mar 1989. INDONESIA 4 Jun 1982. 65. CHILE 9 Jan 1968. SURINAME 11 Sep 1980. DENMARK 15 Nov 1972 (*5(j). NAMIBIA 14 Sep 1992. GUYANA 13 Sep 1973.S. ALGERIA 14 Apr 1964. KOREA (SOUTH) 7 Mar 1977. BOLIVIA 22 Sep 1970. BRAZIL 11 May 1967. SUDAN 23 Mar 1995. GERMANY 7 Sep 1971 (*chapter II). BARBADOS 11 May 1992 (*44(3)). NEW ZEALAND 10 Sep 1974. ANGOLA 21 Nov 1990. PAKISTAN 14 Apr 1969.N. AUSTRALIA 12 Feb 1973. SOUTH AFRICA 21 Aug 1989. ECUADOR 11 Mar 1965. 65. LIBERIA 28 Aug 1984. HAITI 2 Feb 1978. BOSNIA AND HERZEGOVINA 1 Sep 1993. SEYCHELLES 29 May 1979. IRELAND 10 May 1967. HOLY SEE 8 Oct 1970. TOGO 26 Sep 1983. PANAMA 28 Aug 1967. CAPE VERDE 30 Jul 1979. 49(lb)). NETHERLANDS 17 Dec 1985 (*chapter II). RWANDA 31 May 1974. KENYA 1 Jul 1965. MOZAMBIQUE 18 Apr 1983 (*74. SLOVAKIA 28 May 1993. INDIA 28 Nov 1977. 24 April 1963 596 U. SAINT LUCIA 27 Aug 1986. ANTIGUA AND BARBUDA 25 Oct 1988. EL SALVADOR 19 Jan 1973. POLAND 13 Oct 1981. general concerning Israel). KYRGYZSTAN 7 Oct 1994. NICARAGUA 31 Oct 1975. SYRIA 13 Oct 1978 (*49. LAOS 9 Aug 1973. CANADA 18 Jul 1974. COLOMBIA 6 Sep 1972. DOMINICA 24 Nov 1987. HONDURAS 13 Feb 1968. SOMALIA 29 Mar 1968. FRANCE 31 Dec 1970. KOREA (NORTH) 8 Aug 1984. PERU 17 Feb 1978. NORWAY 13 Feb 1980 (*22). ICELAND 1 Jun 1978 (*22). JAMAICA 9 Feb 1976. GUINEA 30 Jun 1988. ROMANIA 24 Feb 1972 (*74. MALI 28 Mar 1968. IRAN 5 Jun 1975. 62. BULGARIA 11 Jul 1989 (*31(2)). LUXEMBOURG 8 Mar 1972. 22. TONGA 7 Jan 1972. CONVENTION ON CONSULAR RELATIONS (Excerpts) Vienna. MALAWI 29 Apr 1980. BANGLADESH 13 Jan 1978. ANDORRA 3 Jul 1996. MICRONESIA 29 Apr 1991. LESOTHO 26 Jul 1972 (*44(3)). HUNGARY 19 Jun 1987. MACEDONIA 18 Aug 1993. BAHRAIN 17 Sep 1992 (*general concerning Israel). GREECE 14 Oct 1975. ERITREA 14 Jan 1997. SWITZERLAND 3 May 1965. NIGERIA 22 Jan 1968. SWEDEN 19 Mar 1974 (*22. BHUTAN28 Jul 1981. SLOVENIA 6 Jul 1992. ESTONIA 21 Oct 1991. MONGOLIA 14 Mar 1989. SÃO TOME AND PRINCIPE 3 May 1983. CONGO signed 24 Apr 1963. PARAGUAY 23 Dec 1969. JAPAN 3 Oct 1983.17 I. PAPUA NEW GUINEA 4 Dec 1975.5. 76). ARMENIA 23 Jun 1993. BENIN 27 Apr 1979. GEORGIA 12 Jul 1993. GABON 23 Feb 1965. LIECHTENSTEIN 18 May 1966. GRENADA 2 Sep 1992. FIJI 28 Apr 1972 (*44(3)). SAMOA 26 Oct 1987. AZERBAIJAN 13 Aug 1992. 49.

TUVALU 15 Sep 1982. VENEZUELA 27 Oct 1965. VIETNAM 8 Sep 1992 (*general). (b) articles for the personal use of a consular officer or members of his family forming part of his household. TURKMENISTAN 25 Sep 1996. permit entry of and grant exemption from all customs duties. Article 47 1.18 TURKEY 19 Feb 1976. 2. including articles intended for his establishment. 2. cartage and similar services. taxes. UKRAINE 27 Apr 1989. VANUATU 18 Aug 1987. Consular officers and consular employees and members of their families forming part of their households shall be exempt from all obligations under the laws and regulations of the receiving State in regard to the registration of aliens and residence permits. the receiving State shall ensure freedom of movement and travel in its territory to all members of the consular post. The articles intended for consumption shall not exceed the quantities necessary for direct utilisation by the persons concerned. however. The receiving State shall. USA 24 Nov 1969. *general). be exempt from any obligations in regard to work permits imposed by the laws and regulations of the receiving State concerning the employment of foreign labour. UNITED ARAB EMIRATES 21 Jun 1965 (*general concerning Israel). be exempt from the obligations referred to in paragraph 1 of this Article. 46(1). Members of the consular post shall. The provisions of paragraph 1 of this Article shall not. YEMEN 10 Apr 1986 (*35(4). Article 46 1. ZIMBABWE 13 May 1991 Article 34 Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security. and related charges other than charges for storage. URUGUAY 10 Mar 1970. Members of the private staff of consular officers and of consular employees shall. *chapter II). UK 9 May 1972 (*44(3). Article 50 1. UZBEKISTAN 2 Mar 1992. with respect to services rendered for the sending State. apply to any consular employee who is not a permanent employee of the sending State or who carries on any private gainful occupation in the receiving State or to any member of the family of any such employee. . in accordance with such laws and regulations as it may adopt. 49. if they do not carry on any other gainful occupation in the receiving State. on: (a) articles for the official use of the consular post.

Except in so far as additional facilities. If criminal proceedings are instituted against such a consular officer. or articles the import or export of which is prohibited by the laws and regulations of the receiving State or which are subject to its quarantine laws and regulations. be conducted in a manner which will hamper the exercise of consular functions as little as possible.19 2. Other members of the consular post who are nationals of or permanently resident in the receiving State and members of their families. privileges and immunities only in so far as these are granted to them by the receiving State. shall enjoy facilities. 2. So far as these consular officers are concerned. privileges and immunities only in so far as these are granted to them by the receiving State. It may be inspected only if there is serious reason to believe that it contains articles other than those referred to in sub-paragraph (b) of paragraph 1 of this Article. except when he is under arrest or detention. and the privilege provided in paragraph 3 of Article 44. however. privileges and immunities may be granted by the receiving State. 3. Personal baggage accompanying consular officers and members of their families forming part of their households shall be exempt from inspection. as well as members of the families of consular officers referred to in paragraph 1 of this Article. Those members of the families of members of the consular post and those members of the private staff who are themselves nationals of or permanently resident in the receiving State shall likewise enjoy facilities. Such inspection shall be carried out in the presence of the consular officer or member of his family concerned. consular officers who are nationals of or permanently resident in the receiving State shall enjoy only immunity from jurisdiction and personal inviolability in respect of official acts performed in the exercise of their functions. exercise its jurisdiction over those persons in such a way as not to hinder unduly the performance of the functions of the consular post. the receiving State shall likewise be bound by the obligation laid down in Article 42. The receiving State shall. Article 71 1. . Consular employees shall enjoy the privileges and exemptions specified in paragraph 1 of this article in respect of articles imported at the time of first installation. the proceedings shall.

20 I. 19(3)). LIBYA 15 May 1970. BRAZIL 24 Jan 1992.T. GREECE 5 May 1997. 23. GEORGIA 3 May 1994. GRENADA 6 Sep 1991. DOMINICA 17 Jun 1993. BOSNIA AND HERZEGOVINA 1 Sep 1993. EGYPT 14 Jan 1982. 14(7). 171 AFGHANISTAN 24 Jan 1983. BANGLADESH 6 Sep 2000 (*10(3).6. *territorial). 19(2). 14(5). MOZAMBIQUE 21 Jul 1993. 25(b)). 48(1)). 14.3). NEPAL 14 May 1991.2. 19. CANADA 19 May 1976. KOREA (SOUTH) 10 Apr 1990 (*14(5). ICELAND 22 Aug 1979 (*10(2b. COSTA RICA 29 Nov 1968. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (Excerpts) Adopted and opened for signature. 22). 22. 18. 14(1). AZERBAIJAN 13 Aug 1992. CENTRAL AFRICAN REPUBLIC 8 May 1981.5. ARGENTINA 8 Aug 1986 (*15). 14(6)). 19(2). NEW ZEALAND 28 Dec 1978 (10(2b. 17(1). 22).N. KYRGYZSTAN 7 Oct 1994. 26). 14(7). CHILE 10 Feb 1972. 3. 22. 19. 27. ESTONIA 21 Oct 1991. 3. ROMANIA 9 Dec 1974 (*1(3). 21. AUSTRALIA 13 Aug 1980 (*10(2. CZECH REPUBLIC 22 Feb 1993. JAPAN 21 Jun 1979.5. CYPRUS 2 Apr 1969. 20(1).3) 14(5. AUSTRIA 10 Sep 1978 (*9. 13. BOTSWANA 8 Sep 2000 (*7. NIGER 7 Mar 1986. 11. CAMBODIA 26 May 1992. 14(2. 20. 14(5). 14(3d). 22). PORTUGAL 15 Jun 1978.7). NICARAGUA 12 Mar 1980. IRELAND 8 Dec 1989 (*10(2). LIBERIA 22 Sep 2004. CROATIA 8 Oct 1991. LITHUANIA 20 Nov 1991.5). DENMARK 6 Jan 1972 (*10(3). 15(1). ANGOLA 10 Jan 1992. GAMBIA 22 Mar 1979 (*14(3d)). PHILIPPINES 23 Oct 1986. 12(4). LUXEMBOURG 18 Aug 1983 (*10(3). RWANDA 16 Apr 1975. MAURITIANA 17 Nov 2004. CAMEROON 27 Jun 1984.6).3). NAMIBIA 28 Nov 1994. MONGOLIA 18 Nov 1974. CHAD 9 June 1995. DJIBOUTI 5 Nov 2002. ARMENIA 23 Jun 1993. 21. ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 999 U. CONGO (DEMOCRATIC REPUBLIC OF) 1 Nov 1976.7). COTE D’IVOIRE 26 Mar 1992. 19.6)). BURUNDI 9 May 1990. 20(1). 19. MAURITIUS 12 Dec 1973. GUYANA 15 Feb 1977 (*14(3d. POLAND 18 Mar 1977. RUSSIA 16 Oct 1973 (*26(1). EQUATORIAL GUINEA 25 Sep 1987. IRAQ 25 Jan 1971. 19(2). 20(1)). 12(4). LEICHTENSTEIN 10 Dec 1998 (*3.20). 25(b)). 14(3d. JORDAN 28 May 1975. 22. 20(1)). MALAWI 22 Dec 1993. MALI 16 Jul 1974. 12(1. l4(3d). 23(2)). 22. LESOTHO 9 Sep 1992. 14.7). GHANA 7 Sep 2000. 14(3. 14. EL SALVADOR 30 Nov 1979. KOREA (NORTH) 14 Sep 1981. 21. GUATEMALA 5 May 1992. BELIZE 10 Jun 1996 (*12(2). 24(3). MADAGASCAR 21 Jun 1971. 20(1)). BELGIUM 21 Apr 1983 (*10(2a. GABON 21 Jan 1983. BARBADOS 5 Jan 1973 (*14(3d)). HAITI 6 Feb 1991. 22). NORWAY 13 Sep 1972 (*10(2b. IRAN 24 Jun 1975. GERMANY 17 Dec 1973 (*2(1). 26). 48(1)). INDIA 10 Apr 1979. MEXICO 23 Mar 1981 (*9(5). ST VINCENT & THE GRENADINES . 20(1)). BENIN 12 Mar 1992. ITALY 15 Sep 1978 (*9(5). NIGERIA 29 Jul 1993. 9.3). COLOMBIA 29 Oct 1969. BULGARIA 21 Sep 1970. 14(1. KENYA 1 May 1972. ECUADOR 6 Mar 1969. KUWAIT 21 May 1996 (*2(1). 15(1). 20. FINLAND 19 Aug 1975 (*10(2b. 19. 14. ALBANIA 4 Oct 1991. 25. MONACO 28 Aug 1997 (*2(1.4). LATVIA 14 Apr 1992. MOLDOVA 26 Jan 1993. FRANCE 4 Nov 1980 (*4(1). CONGO 5 Oct 1983 (*11). BELARUS 12 Nov 1973.3).S. 10(3). 20. HONDURAS 25 Aug 1997. 21. NETHERLANDS 11 Dec 1978 (*10. ISRAEL 3 Oct 1991 (*23). BOLIVIA 12 Aug 1982. ETHIOPIA 11 Jun 1993. 21. 26). 20(1)). HUNGARY 17 Jan 1974. BURKINA FASO 4 Jan 1999. 14(3d. 20(1)). DOMINICAN REPUBLIC 4 Jan 1978. MALTA 13 Sep 1990 (*13.5). JAMAICA 3 Oct 1975. PARAGUAY 10 Jun 1992. 19. 14(6).3). LEBANON 3 Nov 1972. ERITREA 22 Jan 2002. general). MOROCCO 3 May 1979. PERU 28 Apr 1978. ALGERIA 12 Sep 1989. PANAMA 8 Mar 1977. 13. CAPE VERDE 6 Aug 1993. 14. MACEDONIA (FORMER YUGOSLAV REPUBLIC OF) 18 Jan 1994. 12(3)). 13. GUINEA 24 Jan 1978 (*48(1)). 2).

10(2b.] Article 2 1. 11. 10(2b. language. SLOVENIA 6 Jul 1992.4). 21. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy. 3). . SIERRA LEONE 23 Aug 1996. 20. 10(2a. 26). TURKMENISTAN 1 May 1997. SOUTH AFRICA 10 Dec 1998.2b.4). UNITED KINGDOM 20 May 1976 (*1. 23(3. SUDAN 18 Mar 1986. 12(1. 25(b). political or other opinion. VENEZUELA 10 May 1978 (*14(3d)). each State Party to the present Covenant undertakes to take the necessary steps. SEYCHELLES 5 May 1992. 14(5. colour. birth or other status. TURKEY 23 Sep 2003 (*1. 26).6). national or social origin. URUGUAY 1 Apr 1970. general regarding capital punishment). 14(3b. 3. 2. TUNISIA 18 Mar 1969. SWEDEN 6 Dec 1971 (*10(3). TAJIKISTAN 4 Jan 1999. 13.3). 15(1).] . general). SYRIA 21 Apr 1969. or by any other competent authority provided for by the legal system of the State. SWITZERLAND 18 Jun 1992 (*10(2b). administrative or legislative authorities. Where not already provided for by existing legislative or other measures. SOMALIA 24 Jan 1990. UKRAINE 12 Nov 1973 (*26(1).3). YEMEN 9 Feb 1987. SRI LANKA 11 Jun 1980. 20(1)). 24(3). SENEGAL 13 Feb 1978. 48(1)). 19(3). TRINIDAD & TOBAGO 21 Dec 1978 (*4(2). (c) To ensure that the competent authorities shall enforce such remedies when granted.c). 20. 25(b. 12(2). such as race. (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial. general) UNITED STATES OF AMERICA 8 Jun 1992 (*5(2). SWAZILAND 26 Mar 2004. TANZANIA 11 Jun 1976. 27. SERBIA & MONTENEGRO 12 Mar 2001. SURINAME 28 Dec 1976. to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 12(1). religion. property. VIETNAM 24 Sep 1982. ZAMBIA 10 Apr 1984. 3d. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant. and to develop the possibilities of judicial remedy. SPAIN 27 Apr 1977. THAILAND 29 Oct 1996 (*1(1). 9(3).21 9 Nov 1981. 14(3d). 20).6). without distinction of any kind. 47. 2. ZIMBABWE 13 May 1991 [. SAN MARINO 18 Oct 1985. 6(5). UGANDA 21 Jun 1995. 7.5). 27(1). 14(7). TIMOR-LESTE 18 Sep 2003. sex. UZBEKISTAN 28 Sep 1995. TOGO 24 May 1984. . notwithstanding that the violation has been committed by persons acting in an official capacity. [. 20. 15(1). . 14(1. in accordance with its constitutional processes and with the provisions of the present Covenant. . 4. SLOVAKIA 28 May 1993.

3. the competent authority or a person or persons especially designated by the competent authority. . . and are consistent with the other rights recognized in the present Covenant. within that territory. and be represented for the purpose before. be allowed to submit the reasons against his expulsion and to have his case reviewed by. public order (ordre public).22 Article 7 No one shall be subjected to torture or to cruel. including his own. No one shall be arbitrarily deprived of the right to enter his own country. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law. 4. [. have the right to liberty of movement and freedom to choose his residence. In particular. are necessary to protect national security. . public health or morals or the rights and freedoms of others. Everyone shall be free to leave any country. 2. Everyone lawfully within the territory of a State shall. inhuman or degrading treatment or punishment. no one shall be subjected without his free consent to medical or scientific experimentation. except where compelling reasons of national security otherwise require. Article 13 An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall.] Article 12 1.

1).23 I. States parties should ensure that the provisions of the Covenant and the rights under it are made known to aliens within their jurisdiction. A few constitutions provide for equality of aliens with citizens. It is in principle a matter for the State to decide who it will admit to its territory. 5. The Committee has been informed that in some States fundamental rights. In certain cases. however. for example. in certain circumstances an alien may enjoy the protection of the Covenant even in relation to entry or residence. However. Reports from States parties have often failed to take into account that each State party must ensure the rights in the Covenant to “all individuals within its territory and subject to its jurisdiction” (art. This guarantee applies to aliens and citizens alike. 3. the Committee’s experience in examining reports shows that in a number of countries other rights that aliens should enjoy under the Covenant are denied to them or are subject to limitations that cannot always be justified under the Covenant. The Covenant gives aliens all the protection regarding rights guaranteed therein. and its requirements should be observed by States parties in their legislation and in practice as appropriate. when considerations of non-discrimination. both under their law and in actual practice. and deal with each in detail. GENERAL COMMENT ON THE POSITION OF ALIENS UNDER THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS. will also be extended to them as required by the Covenant. Aliens receive the benefit of the general requirement of non-discrimination in respect of the rights guaranteed in the Covenant. the rights set forth in the Covenant apply to everyone. 15 adopted by the Human Rights Committee. Some constitutions adopted more recently carefully distinguish fundamental rights that apply to all and those granted to citizens only. irrespective of reciprocity. However. In general. there has clearly been a failure to implement Covenant rights without discrimination in respect of aliens. the general rule is that each one of the rights of the Covenant must be guaranteed without discrimination between citizens and aliens. Exceptionally. The position of aliens would thus be considerably improved. the constitutions are drafted in terms of citizens only when granting relevant rights. In many States. 2. as provided for in article 2 thereof. and irrespective of his or her nationality or statelessness.7. some of the rights recognized in the Covenant are expressly applicable only to citizens (art. para. while article 13 applies only to aliens. 4. though not guaranteed to aliens by the Constitution or other legislation. The Covenant does not recognize the right of aliens to enter or reside in the territory of a State party. 25). . 2. prohibition of inhuman treatment and respect for family life arise. 1986 General Comment No. twenty-seventh session (1986) 1. Legislation and case law may also play an important part in providing for the rights of aliens. The Committee considers that in their reports States parties should give attention to the position of aliens. however. Thus.

8. Many reports have given insufficient information on matters relevant to article 13. they shall be treated with humanity and with respect for the inherent dignity of their person. 9. That article is applicable to all procedures aimed at the obligatory departure of an alien. they shall be free to leave the country. Differences in treatment in this regard between aliens and nationals. Aliens shall not be subjected to retrospective penal legislation. to profess and practise their own religion and to use their own language. for example. If such procedures entail arrest. In those cases where aliens constitute a minority within the meaning of article 27. inter alia. in community with other members of their group. be consistent with the other rights recognized in the Covenant. conscience and religion. paragraph 3. 9 and 10) may also be applicable. 4). his freedom of movement within the territory and his right to leave that territory may only be restricted in accordance with article 12. to enjoy their own culture. need to be justified under article 12. They have the right to freedom of thought. independent and impartial tribunal established by law in the determination of any criminal charge or of rights and obligations in a suit at law. family. Aliens thus have an inherent right to life. Consent for entry may be given subject to conditions relating. whether described in national law as expulsion or otherwise. They may not be subjected to arbitrary or unlawful interference with their privacy. residence and employment. the safeguards of the Covenant relating to deprivation of liberty (arts. 12. Once an alien is lawfully within a territory. Aliens shall be equal before the courts and tribunals. they shall not be denied the right. paragraph 3. Since such restrictions must. 7. If lawfully deprived of their liberty. They must not be subjected to torture or to cruel. These rights of aliens may be qualified only by such limitations as may be lawfully imposed under the Covenant. a State party cannot. home or correspondence. If the arrest is for the particular purpose of extradition. by restraining an alien or deporting him to a third country.24 6. Aliens are entitled to equal protection by the law. Aliens receive the benefit of the right of peaceful assembly and of freedom of association. and shall be entitled to a fair and public hearing by a competent. to movement. or between different categories of aliens. other provisions of national and international law may apply. They have the right to liberty of movement and free choice of residence. para. There shall be no discrimination between aliens and citizens in the application of these rights. Aliens have the full right to liberty and security of the person. However. and are entitled to recognition before the law. A State may also impose general conditions upon an alien who is in transit. and may not be arbitrarily deprived of life. arbitrarily prevent his return to his own country (art. Aliens may not be imprisoned for failure to fulfil a contractual obligation. Normally an alien who is expelled must be allowed to leave for any country that . Their children are entitled to those measures of protection required by their status as minors. They may marry when at marriageable age. protected by law. once aliens are allowed to enter the territory of a State party they are entitled to the rights set out in the Covenant. nor may they be held in slavery or servitude. and the right to hold opinions and to express them. inhuman or degrading treatment or punishment.

and that illegal entrants and aliens who have stayed longer than the law or their permits allow. An alien must be given full facilities for pursuing his remedy against expulsion so that this right will in all the circumstances of his case be an effective one. 10. However. by allowing only those carried out “in pursuance of a decision reached in accordance with law”. in particular. This understanding. article 13 would not be satisfied with laws or decisions providing for collective or mass expulsions. Discrimination may not be made between different categories of aliens in the application of article 13. to apply and interpret the domestic law. On the other hand. such requirements under the Covenant as equality before the law (art. however. are not covered by its provisions. hence. it entitles each alien to a decision in his own case and. observing. It is for the competent authorities of the State party. Article 13 directly regulates only the procedure and not the substantive grounds for expulsion. its purpose is clearly to prevent arbitrary expulsions. is confirmed by further provisions concerning the right to submit reasons against expulsion and to have the decision reviewed by and to be represented before the competent authority or someone designated by it. The particular rights of article 13 only protect those aliens who are lawfully in the territory of a State party. The principles of article 13 relating to appeal against expulsion and the entitlement to review by a competent authority may only be departed from when “compelling reasons of national security” so require. . However. 26). in the opinion of the Committee.25 agrees to take him. in good faith and in the exercise of their powers. This means that national law concerning the requirements for entry and stay must be taken into account in determining the scope of that protection. if the legality of an alien’s entry or stay is in dispute. any decision on this point leading to his expulsion or deportation ought to be taken in accordance with article 13.

LIBERIA 5 Nov 1976. BOSNIA AND HERZEGOVINA 16 Jul 1993. FINLAND 14 Jul 1970. ST VINCENT & THE GRENADINES 9 Nov 1981. JAMAICA 4 Jun 1971 (*general). 20 and related provisions of Part III). 4. POLAND 5 Dec 1968 (*17(1). CAMEROON 24 Jun 1971. 6). NIGERIA 16 Oct 1967. GUINEA 14 Mar 1977. COLOMBIA 2 Sep 1981. MALDIVES 24 Apr 1984. 3. CANADA 14 Oct 1970. PAPUA NEW GUINEA 27 Jan 1982 (*4(a–c)). general). BULGARIA 8 Aug 1966 (*17(1). HAITI 19 Dec 1972. LUXEMBOURG 1 May 1978. ARGENTINA 2 Oct 1968. IRAQ 14 Jan 1970 (*22. and concerning Israel). 5). KRYGYSTAN 5 Sep 1997. LIBYA 3 Jul 1968 (*22. NETHERLANDS 10 Dec 1971. COSTA RICA 16 Jan 1967. NEW ZEALAND 22 Nov 1972. CROATIA 12 Oct 1992. 18.N. 4). 18. AUSTRIA 9 May 1972 (*4. 6. INDIA 3 Dec 1968 (*22). DENMARK 9 Dec 1971. LEICHTENSTEIN 1 Mar 2000. CENTRAL AFRICAN REPUBLIC 16 Mar 1971. GUATEMALA 18 Jan 1983. MONGOLIA 6 Aug 1969 (*17(1)).S. MAURITANIA 13 Dec 1988. ROMANIA 15 Sep 1970 (*17. MOROCCO 18 Dec 1970 (*22). BURUNDI 27 Oct 1977. ARMENIA 23 Jun 1993. ITALY 5 Jan 1976 (4 (a. SAINT LUCIA 14 Feb 1990. 18). MALI 16 Jul 1974. KOREA (SOUTH) 5 Dec 1978. 5(d(viii. general)). ALGERIA 14 Feb 1972. AUSTRALIA 30 Sep 1975 (*4(a)). CHINA 29 Dec 1981 (*22). NICARAGUA 15 Feb 1978. FIJI 11 Jan 1973 (*2. v). MALTA 27 May 1971 (*4(a–c). GABON 29 Feb 1980. *general. *general concerning Israel). BELARUS 8 Apr 1969 (*17(1)). d. BURKINA FASO 18 July 1974. GERMANY 16 May 1969. EL SALVADOR 30 Nov 1979. GREECE 18 Jun 1970. GUYANA 15 Feb 1977 (*general). LITHUANIA 10 Dec 1998. MACEDONIA 18 Jan 1994. MOZAMBIQUE 18 Apr 1983 (*22). 15. RUSSIA 4 Feb 1969 (*17(1)). NEPAL 30 Jan 1971 (*4(a–c). MALAWI 11 Jun 1996. GAMBIA 29 Dec 1978. CONGO (DEMOCRATIC REPUBLIC OF) 21 Apr 1976. BOTSWANA 20 Feb 1974. NIGER 27 Apr 1967. ECUADOR 22 Sep 1966. 18(1)). OMAN 2 Jan 2003. SAN MARINO . KAZAKHSTAN 26 Aug 1998. MOLDOVA 26 Jan 1993. ALBANIA 11 May 1994. NORWAY 6 Aug 1970. PARAGUAY 18 Aug 2003. BRAZIL 27 Mar 1968.b)). e. 195 AFGHANISTAN 6 Jul 1983 (*17. MAURITIUS 30 May 1972. PAKISTAN 21 Sep 1966. BAHRAIN 27 Mar 1990 (22. PORTUGAL 24 Aug 1982. CHAD 17 Aug 1977. HONDURAS 10 Oct 2002. ix)). 15). LEBANON 12 Nov 1971 (*22). MEXICO 20 Feb 1975. CYPRUS 21 Apr 1967. LESOTHO 4 Nov 1971. *general). ANTIGUA AND BARBUDA 25 Oct 1988 (*4. LAOS 22 Feb 1974. general). CONGO 11 Jul 1988. DOMINICAN REPUBLIC 25 May 1983. IRAN 29 Aug 1968. BARBADOS 8 Nov 1972 (*4(a–c). b)). EGYPT 1 May 1967 (*22). 18(1)). ISRAEL 3 Jan 1979 (*22). BANGLADESH 11 Jun 1979. GEORGIA 2 Jun 1999. RWANDA 26 Apr 1975 (*22). 22). 5(d(viii. AZERBAIJAN 16 Aug 1996. LATVIA 14 Apr 1992. HOLY SEE 1 May 1969. QATAR 22 Jul 1976. ix))). PERU 29 Sep 1971. general). CAPE VERDE 3 Oct 1979. KENYA 13 Sep 2001. MONACO 27 Sep 1995 (*2(1). MADAGASCAR 7 Feb 1969 (*22). PANAMA 16 Aug 1967. 6. 18(1). INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (Excerpts) Adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 1965 660 U. INDONESIA 25 Jun 1999 (*22). PHILIPPINES 15 Sep 1967. GHANA 18 Sep 1966. ERITREA 31 Jul 2002. JAPAN 15 Dec 1995 (*4(a. 22). ESTONIA 21 Oct 1991. CUBA 15 Feb 1972 (*17. NAMIBIA 11 Nov 1982. 5(c. HUNGARY 4 May 1967 (*17(1). BOLIVIA 22 Sep 1970. 6).8. COTE D’IVOIRE 4 Jan 1973. CHILE 20 Oct 1971. ETHIOPIA 23 Jun 1976. BAHAMAS 5 Aug 1975 (*4. JORDAN 30 May 1974. CZECH REPUBLIC 22 Feb 1993. b). EQUATORIAL GUINEA 8 Oct 2002 (*general). KUWAIT 15 Oct 1968 (*22. COMOROS 27 Sep 2004. BELGIUM 7 Aug 1975 (*4(a–c).26 I. FRANCE 28 Jul 1971 (*4. 22. 5.T. *general concerning Israel). BELIZE 14 Nov 2001. CAMBODIA 28 Nov 1983. IRELAND 29 Dec 2000 (*4(a. *general concerning Israel). ICELAND 13 Mar 1967.

SWEDEN 6 Dec 1971. SWITZERLAND 29 Nov 1994 (*2(la). 4. SUDAN 21 Mar 1977. SOLOMON ISLANDS 17 Mar 1982. TRINIDAD & TOBAGO 4 Oct 1973. *general concerning Israel).27 12 Mar 2002. . Macedonia. Serbia & Montenegro. SOMALIA 26 Aug 1975. Korea (South). Ecuador. THAILAND 28 Jan 2003 (*4(a. b). TUNISIA 13 Jan 1967. Poland. v). ZIMBABWE 13 May 1991. SRI LANKA 18 Feb 1982. exclusion. however. Mexico. UGANDA 21 Nov 1980. TOGO 1 Sep 1972. Finland. TONGA 16 Feb 1972 (*4(a–c). VIETNAM 9 Jun 1982 (*17(1). Costa Rica. restrictions or preferences made by a State Party to this Convention between citizens and non-citizens. 15. or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition. In this Convention. SOUTH AFRICA 10 Dec 1998. 5. This Convention shall not apply to distinctions. cultural or any other field of public life. SERBIA & MONTENEGRO 12 Mar 2001. SLOVAKIA 28 May 1993. 3. Czech Republic. Hungary. 5. SPAIN 13 Sep 1968. Cyprus. Competence of the Committee on the Elimination of Racial Discrimination in accordance with Article 14 of the Convention recognised by Algeria. Netherlands. UNITED STATES OF AMERICA 21 Oct 1994 (*1. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality. SIERRA LEONE 2 Aug 1967. Belgium. Article 1 1. 20 and related provisions. 22. SYRIA 21 Apr 1969 (*22. Portugal. 5(d. general). descent. 4. 6. UNITED ARAB EMIRATES 20 Jun 1974 (*general concerning Israel). Monaco. UZBEKISTAN 28 Sep 1995. 22). Iceland. TAJIKISTAN 11 Jan 1995. Sweden. Denmark. Azerbaijan. URUGUAY 30 Aug 1968. Switzerland. lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved. colour. provided. social. UNITED KINGDOM 7 Mar 1969 (*4(a–c). South Africa. SWAZILAND 7 Apr 1969. exclusions. Bulgaria. Spain. Germany. ZAMBIA 4 Feb 1972. the term “racial discrimination” shall mean any distinction. 7. TURKMENISTAN 29 Sep 1994. . France. Ukraine and Uruguay. Senegal. 6. 3. Australia. Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination. SENEGAL 19 Apr 1972. Leichtenstein. SAUDI ARABIA 23 Sep 1997. restriction or preference based on race. of human rights and fundamental freedoms in the political. 15. Chile. citizenship or naturalization. general). 18(1). enjoyment or exercise. SLOVENIA 6 Jul 1992. general). Malta. Slovakia. Brazil. Ireland. TIMOR-LESTE 16 Apr 2003. 18(1). Slovenia. provided that such provisions do not discriminate against any particular nationality. *general concerning Israel). economic.20 and related provisions). 2(1). Italy.] . Russia. Norway. 2. Peru. as a consequence. VENEZUELA 10 Oct 1967. TANZANIA 27 Oct 1972. UKRAINE 7 Mar 1969 (*17(1)). 4). that such measures do not. on an equal footing. Austria. 22. general). SEYCHELLES 7 Mar 1978. Luxembourg. [. Romania. SURINAME 15 Mar 1984. YEMEN 18 Oct 1972 (*17(1). TURKEY 16 Sep 2002 (*22.

(b) The right to security of person and protection by the State against violence or bodily harm. . . (c) Political rights.] . to equality before the law. to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service.28 Article 5 In compliance with the fundamental obligations laid down in article 2 of this Convention. States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone. without distinction as to race. whether inflicted by government officials or by any individual group or institution. [. notably in the enjoyment of the following rights: (a) The right to equal treatment before the tribunals and all other organs administering justice. or national or ethnic origin. in particular the right to participate in elections – to vote and to stand for election – on the basis of universal and equal suffrage. colour.

BOSNIA AND HERZEGOVINA 1 Sep 1993. BURUNDI 8 Jan 1992. 16(1. MEXICO 23 Mar 1981 (*general). ISRAEL 3 Oct 1991 (*7(b). CONVENTION FOR THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (excerpts) Adopted and opened for signature. MYANMAR 22 Jul 1997 (*29). BURKINA FASO 14 Oct 1987. CYPRUS 23 Jul 1985. BAHRAIN 18 Jun 2002 (*2. GUINEA 9 Aug 1982. 15(4). MONGOLIA 20 Jul 1981. DOMINICA 15 Sep 1980. LUXEMBOURG 2 Feb 1989 (*7.lf)). BARBADOS 16 Oct 1980.h). 5(a). IRELAND 23 Dec 1985 (*13(a).g). KOREA (NORTH) 27 Feb 2001 (*2(f ). BELIZE 16 May 1990. CONGO 26 Jul 1982. BANGLADESH 6 Nov 1984 (*2). AZERBAIJAN 10 Jul 1995. NETHERLANDS 23 Jul 1991 (*paras. COTED’IVOIRE 18 Dec 1995. GREECE 7 Jun 1983. 29). NAMIBIA 23 Nov 1992. CZECH REPUBLIC 22 Feb 1993. BRAZIL 1 Feb 1984 (*29(1)). GHANA 2 Jan 1986. CHAD 9 Jun 1995. 29(1)). 15(4). 9(2). 2)). 7(b). KAZAKHSTAN 26 Aug 1998.N. GRENADA 30 Aug 1990. GUATEMALA 12 Aug 1982. ECUADOR 9 Nov 1981. NEW ZEALAND 10 Jan 1985 (*2(f ). 16. COLOMBIA 19 Jan 1982. IRAQ 13 Aug 1986 (*2(f. ALGERIA 22 May 1996 (*2. ETHIOPIA 10 Sep 1981 (*29(1)). CAMBODIA 15 Oct 1992. ratification and accession by General Assembly resolution 34/180 of 18 December 1979 1249 U. 9(2). BOLIVIA 8 Jun 1990. *territorial). CHINA 4 Nov 1980 (*29(1)). MALDIVES 1 Jul 1983 (*7(a). f. LAOS 14 Aug 1981. 5(a). 16. BENIN 12 Mar 1992. 16(ld. general concerning Israel). MOZAMBIQUE 16 Apr 1997. 9. JORDAN 1 Jul 1992 (*9(2). 16(1c.29). 10. LESOTHO 22 Aug 1995 (*2). NIGER . CENTRAL AFRICAN REPUBLIC 21 Jun 1991. ALBANIA 11 May 1994. GUYANA 17 Jul 1980. 9. BELGIUM 10 Jul 1985. d. 9(2). BOTSWANA 13 Aug 1996. 16. 11. ARGENTINA 15 Jul 1985 (*29(1)). 9(2). BHUTAN 31 Aug 1981. KUWAIT 2 Sep 1994 (*7(a).g). 14(2c. ESTONIA 21 Oct 1991.g)). 16. CAMEROON 23 Aug 1994. BELARUS 4 Feb 1981.S. HONDURAS 3 Mar 1983. DOMINICAN REPUBLIC 2 Sep 1982. 2)). BULGARIA 8 Feb 1982. EQUATORIAL GUINEA 23 Oct 1984. HUNGARY 22 Dec 1980. 16(c. NEPAL 22 Apr 1991. ANTIGUA AND BARBUDA 1 Aug 1989.2). MOROCCO 21 Jun 1993 (*2. 29(1) MOLDOVA 1 Jul 1994. 16. 16(1g)). MONACO 18 Mar 2005. COMOROS 31 Oct 1994. 9(2). ITALY 10 Jun 1985 (*general). MALAWI 12 Mar 1987. 15. 16(1f ). GAMBIA 16 Apr 1993. 2b). LIBYA 16 May 1989 (*2. 13. DJIBOUTI 2 Dec 1998. ANGOLA 17 Sep 1986.29 I. MALAYSIA 5 Jul 1995 (*2(f ). 16). MALI 10 Sep 1985. GUINEA-BISSAU 23 Aug 1985. CAPE VERDE 5 Dec 1980. GERMANY 10 Jul 1985 (*general). 29(1)).2). EGYPT 18 Sep 1981 (*2. 15(4).9. 29(1)). ICELAND 18 Jun 1985. 15(4). MADAGASCAR 17 Mar 1989. LIBERIA 14 Jul 1984. g) 29(1. 5. MALTA 8 Mar 1991 (*11(1). JAMAICA 19 Oct 1984 (*29(1)). NICARAGUA 27 Oct 1981. FINLAND 4 Sep 1986. 16. MAURITIANA 10 May 2001 (*general). 16(1c. KENYA 9 Mar 1984. AUSTRALIA 28 Jul 1983 (*11(2). GEORGIA 26 Oct 1994. d)). 9(2). 16(l. l6(1e)). ERITREA 5 Sep 1995. INDIA 9 Jul 1993 (*5(a). 29(1)). 11 of Preamble). EL SALVADOR 19 Aug 1981 (*29(1)). AUSTRIA 31 Mar 1982 (*11). 9(1. LIECHTENSTEIN 22 Dec 1995 (*1). general). 29(1). KOREA (SOUTH) 27 Dec 1984 (*9. JAPAN 25 Jun 1985. COSTA RICA 4 Apr 1986. DENMARK 21 Apr 1983. BAHAMAS 6 Oct 1993 (*2(a) 9(2). general). LEBANON 21 Apr 1997 (*9(2). LITHUANIA 18 Jan 1994. ARMENIA 13 Sep 1993. 29(1)). CANADA 10 Dec 1981. MICRONESIA 1 Sep 2004 (*11(1d. FRANCE 14 Dec 1983 (*5(b). 16. GABON 21 Jan 1983. 16(1h). LATVIA 14 Apr 1992. MAURITIUS 9 Jul 1984 (*29(1. CONGO (DEMOCRATIC REPUBLIC OF) 16 Nov 1986. 16). MACEDONIA (FORMER YUGOSLAV REPUBLIC OF) 18 Jan 1998. 29(1)).T.d. 29(1). KIRIBATI 17 Mar 2004. FIJI 28 Aug 1995. CROATIA 9 Sep 1992. 13 AFGHANISTAN 5 Mar 2003. ANDORRA 15 Jan 1997. 16(1g)). 29(1)). CHILE 7 Dec 1989 (*general). CUBA 17 Jul 1980 (*29). 2(f ). INDONESIA 13 Sep 1984 (*29(1)). HAITI 20 Jul 1981.

] . SIERRA LEONE 11 Nov 1988. POLAND 30 Jul 1980. ZIMBABWE 13 May 1991. exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition. f). SENEGAL 5 Feb 1985. 1e. PHILIPPINES 5 Aug 1981. URUGUAY 9 Oct 1981. 29(1). TANZANIA 20 Aug 1985. 29(1). [. TRINIDAD AND TOBAGO 12 Jan 1990 (*29(1)). 15(3. SWAZILAND 26 Mar 2004. THAILAND 9 Aug 1985 (*16. SAUDI ARABIA 7 Sep 2000 (*9(2). 15(4). SOLOMON ISLANDS 6 May 2002. the term “discrimination against women” shall mean any distinction. 15(4). on a basis of equality of men and women. 39 29(1). g). VENEZUELA 2 May 1983 (*29(1)). general). general). change or retain their nationality. 9.4). 11.d.h). economic. .g. . 2). 1h)) SYRIA 28 Mar 2003 (*2. 9(2). 16(1c. SRI LANKA 5 Oct 1981. *general). UNITED ARAB EMIRATES 6 Oct 2004. 29(1. 16. SURINAME 1 Mar 1993. 13. b). PARAGUAY 6 Apr 1987.30 8 Oct 1999 (82(d. SOUTH AFRICA 15 Dec 1995. UZBEKISTAN 19 Jul 1995. TAJIKISTAN 26 Oct 1993. Article 1 For the purposes of the present Convention. cultural. PAPUA NEW GUINEA 12 Jan 1995. 2). UGANDA 22 Jul 1985.] Article 9 1. SPAIN 5 Jan 1984 (*general). UNITED KINGDOM 7 Apr 1986 (*1. 16(1g. civil or any other field. SAINT LUCIA 8 Oct 1982. RWANDA 2 Mar 1981. ROMANIA 7 Jan 1982. RUSSIA 23 Jan 1981. TURKMENISTAN 1 May 1997. of human rights and fundamental freedoms in the political. ZAMBIA 21 Jun 1985. SAMOA 25 Sep 1992. TUVALU 6 Oct 1999. States Parties shall grant women equal rights with men with respect to the nationality of their children. 15(4). ST VINCENT & THE GRENADINES 4 Aug 1981. SERBIA & MONTENEGRO 12 Mar 2001. ST KITTS & NEVIS 25 Apr 1985. 2. 16(1f ). render her stateless or force upon her the nationality of the husband. VIETNAM 17 Feb 1982 (*29(1)). [. TURKEY 20 Dec 1985 (*9(1). 16(c. 1f. . YEMEN 30 May 1984 (*29(1)). SWITZERLAND 27 Mar 1997 (*15(2). 29(1)). TIMOR-LESTE 16 Apr 2003. SAN MARINO 10 Dec 2003. social.f. 5(a. enjoyment or exercise by women irrespective of their marital status. 29(1). 4(1). PERU 13 Sep 1982. SINGAPORE 5 Oct 1995 (*2. PANAMA 29 Oct 1981. UKRAINE 12 Mar 1981. e. SLOVENIA 6 Jul 1992. 1g. States Parties shall grant women equal rights with men to acquire. 29 NIGERIA 13 Jun 1985. general). 2. general). VANUATU 8 Sep 1995. NORWAY 21 May 1981. SLOVAKIA 28 May 1993. SÃO TOME AND PRINCIPE 31 Oct 1995. PORTUGAL 30 Jul 1980. SWEDEN 2 Jul 1980. 16(1c. TUNISIA 20 Sep 1985 (*9(2). general). 11(1). TOGO 26 Sep 1983. PAKISTAN 12 Mar 1996 (*29(1). . 10(c). general concerning Israel). SEYCHELLES 5 May 1992. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife.

. [. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.31 Article 15 1.] 4. . . States Parties shall accord to women equality with men before the law.

general concerning Islamic law). CUBA 17 May 1995 (*2(1). EL SALVADOR 17 Jun 1996. BAHRAIN 6 Mar 1998 (*30(1)). TIMOR-LESTE 16 Apr 2003. BELGIUM 25 Jun 1999. 15). GEORGIA 26 Oct 1994. KUWAIT 8 Mar 1996 (*20. NICARAGUA 5 Jul 2005. 30). CAMEROON 19 Dec 1986. LEBANON 5 Oct 2000. CZECH REPUBLIC 22 Feb 1993. BENIN 12 Mar 1992. PANAMA 24 Aug 1987 (*30(2)). MONACO 6 Dec 1991 (*30). 22. CAMBODIA 15 Oct 1992. SYRIA 19 Aug 2004 (*28(1). BOTSWANA 8 Sep 2000 (*1). TOGO 18 Nov 1987 (*general). QATAR 11 Jun 2000 (*21. TAJIKISTAN 11 Jan 1995. NEW ZEALAND 10 Dec 1989 (*14). COLOMBIA 8 Dec 1987. NAMIBIA 28 Nov 1994. SAUDI ARABIA 23 Sep 1997 (*20. SENEGAL 21 Aug 1986. BURUNDI 18 Feb 1993. 30(2)). INDONESIA 28 Oct 1998 (*20(1–3). CROATIA 12 Oct 1992. BELIZE 17 Mar 1986. ESTONIA 21 Oct 1991. HONDURAS 5 Dec 1996. COTE D’IVOIRE 18 Dec 1995. GREECE 6 Oct 1988. ITALY 12 Jan 1989. SIERRA LEONE 25 Apr 2001. 20(1–3). PORTUGAL 9 Feb 1989. BANGLADESH 5 Oct 1998 (14(1)). CHAD 9 Jun 1995. SOUTH AFRICA 10 Dec 1998 (*30). ratification and accession by General Assembly resolution 39/46 of 10 December 1984 1465 U. DJIBOUTI 18 Mar 1996. GHANA 7 Sep 2000 (*30(2)). MOROCCO 21 Jun 1993 (*20). GABON 8 Sep 2000.32 I. ARMENIA 13 Sep 1993. CAPE VERDE 4 Jun 1992. ICELAND 23 Oct 1996. GERMANY 1 Oct 1990 (*3). 30(2)). PERU 7 Jul 1988. MALI 26 Feb 1999. MACEDONIA 12 Dec 1994. 113 AFGHANISTAN 1 Apr 1987 (*28(1). ALGERIA 12 Sep 1989. LITHUANIA 1 Feb 1996. FINLAND 30 Aug 1989. LATVIA 14 Apr 1992. SOMALIA 24 Jan 1990. general regarding Israel). CHILE 30 Sep 1988 (*30(1)) CHINA 4 Oct 1988 (*20. CYPRUS 18 Jul 1991.S. CONGO 30 Jul 2003. PHILIPPINES 18 Jun 1986. NETHERLANDS 21 Dec 1988 (*1(1)). 30(1)). SRI LANKA 3 Jan 1994. ANTIGUA AND BARBUDA 19 Jul 1993. UNITED KINGDOM 8 Dec 1988 (*general). SEYCHELLES 5 May 1992. MALAWI 11 Jun 1996. ALBANIA 11 May 1994. UNITED STATES OF AMERICA 1 Oct 1994 (*1–16.N. AZERBAIJAN 16 Aug 1996. GUINEA 10 Oct 1989.T. KHAZAKSTAN 26 Aug 1998. KENYA 21 Feb 1997. MOLDOVA 28 Nov 1995. SERBIA & MONTENEGRO 12 Mar 2001. ETHIOPIA 14 Mar 1994. MOZAMBIQUE 14 Sep 1999. AUSTRALIA 8 Aug 1989. BELARUS 13 Mar 1987 (*20). NIGER 5 Oct 1998. . LESOTHO 12 Nov 2001. UKRAINE 24 Feb 1987 (*20). MALDIVES 20 Apr 2004. SPAIN 21 Oct 1987. CONGO (DEMOCRATIC REPUBLIC OF) 18 MAR 1996 COSTA RICA 11 Nov 1993. SWITZERLAND 2 Dec 1986. EGYPT 25 Jun 1986. MAURITIANA 17 Nov 2004. LUXEMBOURG 29 Sep 1987 (*1(1)). INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (Excerpts) Adopted and opened for signature. BULGARIA 16 Dec 1986. SWEDEN 8 Jan 1986. RUSSIA 3 Mar 1987. BURKINA FASO 4 Jan 1999. BOSNIA & HERZEGOVINA 1 Sep 1993. AUSTRIA 29 July 1987 (*5. 30(1)). MAURITIUS 9 Dec 1992. GUATEMALA 5 Jan 1980. TURKMENISTAN 25 Jun 1999. ROMANIA 18 Dec 1990. 30). HOLY SEE 26 Jun 2002 (*general). BRAZIL 28 Sep 1989. CANADA 24 Jun 1987. ECUADOR30 Mar 1988 (*g28. 30). SLOVAKIA 28 May 1993. 21). 30(1)). LIBERIA 22 Sep 2004. JORDAN 13 Nov 1991. IRELAND signed 28 Sep 1992. MALTA 13 Sep 1990. BOLIVIA 12 Apr 1999. CONVENTION AGAINST TORTURE AND OTHER CRUEL. SLOVENIA 16 Jul 1993. KOREA (SOUTH) 9 Jan 1995. LIBYA 16 May 1989. MONGOLIA 24 Jan 2002. TURKEY 2 Aug 1988 (*30). ST VINCENT & THE GRENADINES 1 Aug 2001. TUNISIA 23 Sep 1988 (*20. POLAND 26 Jul 1989 (*20. NIGERIA 28 Jun 2001. NORWAY 9 Jul 1986. MADAGASCAR 13 Dec 2005. ARGENTINA 24 Sep 1986. PARAGUAY 12 Mar 1990. NEPAL 14 May 1991. 30(1)). FRANCE 18 Feb 1986 (*30(2)). ISRAEL 3 Oct 1991 (*20. GUYANA 19 May 1988.LIECHTENSTEIN 2 Nov 1990.10. HUNGARY 15 Apr 1987. UGANDA 3 Nov 1986. MEXICO 23 Jan 1986. DENMARK 27 May 1987. SWAZILAND 26 Mar 2004.

Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases: . Hile.] Article 3 1. Venezuela. United States of America (21 only). or intimidating or coercing him or a third person. . Uganda. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application. return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession. Mexico. Switzerland. Ukraine. Luxembourg. Turkey. Japan. Malta. [. Iceland. where applicable. Sweden. whether physical or mental. Uruguay. YEMEN 5 Nov 1991. Yugoslavia Article 1 1. URUGUAY 24 Oct 1986. Seychelles. Denmark. Tunisia. Finland. VENEZUELA 29 Jul 1991. It does not include pain or suffering arising only from. Australia. Norway. Italy. flagrant or mass violations of human rights. punishing him for an act he or a third person has committed or is suspected of having committed. Serbia & Montenegro. Monaco. Senegal. . Ghana. Cameroon. Croatia. when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. United Kingdom (21 only). [. New Zealand. the competent authorities shall take into account all relevant considerations including. . Argentina. or for any reason based on discrimination of any kind. ZAMBIA 7 Oct 1998 Declarations recognising the competence of the Committee Against Torture under Article 21 (StateParty claims) and Article 22 (individual petition) are: Algeria. Canada. Austria. Bulgaria. Costa Rica. inherent in or incidental to lawful sanctions. *general). Togo. Guatemala. the existence in the State concerned of a consistent pattern of gross. Greece. For the purpose of determining whether there are such grounds. UZBEKISTAN 28 Sep 1995. Czech Republic. Germany. Slovakia. Azerbaijan.33 30. Paraguay. 2. Bosnia-Herzegovina. Poland.] Article 5 1. Belgium. France. Burundi. No State Party shall expel. Liechtenstein. Spain. South Africa. Ecuador. the term “torture” means any act by which severe pain or suffering. Netherlands. Cyprus. Peru. Ireland. 2. For the purposes of this Convention. Hungary. . Portugal. Russia. Slovenia.

Article 7 1. (c) When the victim is a national of that State if that State considers it appropriate. after an examination of information available to it. 4. submit the case to its competent authorities for the purpose of prosecution. paragraph 1. if he is a stateless person. When a State. Such State shall immediately make a preliminary inquiry into the facts. . In the cases referred to in article 5. that the circumstances so warrant. Article 6 1. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted. has taken a person into custody. 3. 2. 3.34 (a) When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State. These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5. The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5. The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction. with the representative of the State where he usually resides. it shall immediately notify the States referred to in article 5. 2. or. if it does not extradite him. any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. pursuant to this article. Any person in custody pursuant to paragraph I of this article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national. Upon being satisfied. paragraph 2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph I of this article. (b) When the alleged offender is a national of that State. 2. of the fact that such person is in custody and of the circumstances which warrant his detention. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law. paragraph 1.

. [. Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings. inhuman or degrading treatment or punishment which do not amount to torture as defined in article I. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them. as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 5. 2. In particular. . and to have his case promptly and impartially examined by. Extradition shall be subject to the other conditions provided by the law of the requested State. [. . for the purpose of extradition between States Parties. 4. paragraph 1. it may consider this Convention as the legal basis for extradition in respect of such offences. the obligations contained . when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given. Such offences shall be treated. The offences referred to in article 4 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties.] Article 13 Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty. its competent authorities.] Article 16 1. 3. . States Parties which do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.35 3. Article 8 1.

. 2. The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel. inhuman or degrading treatment or punishment or which relates to extradition or expulsion.36 in articles 10. 11. [. . inhuman or degrading treatment or punishment. 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel.] .

10. EGYPT 6 Jul 1990. 7. ANGOLA 5 Dec 1990. 15.v)). 24(b.f). 21. COMOROS 22 Jun 1993. 15. 24(2).d)). MALTA 30 Sep 1990. MYANMAR 15 Jul 1991. LAOS 8 May 1991. GHANA 5 Feb 1990. COLOMBIA 28 Jan 1991 (*38(2. FIJI 13 Aug 1993. 9.28(b. general). GABON 9 Feb 1994. . MALDIVES 11 Feb 1991 (*14. 21. NICARAGUA 5 Oct 1990. 40(2b. *general). *general). ARMENIA 23 Jun 1993. CHILE 13 Aug 1990. NEPAL 14 Sep 1990. JAMAICA 14 May 1991. BAHRAIN 13 Feb 1992. 15. 24(f). BHUTAN 1 Aug 1990. NAURU 27 Jul 1994. HOLY SEE 20 Apr 1990 (*13. *general).c. 10(1). BOTSWANA 14 Mar 1995 (*1). CONVENTION ON THE RIGHTS OF THE CHILD. ECUADOR 23 Mar 1990 (*24. LIBYA 15 Apr 1993.30. ANDORRA 2 Jan 1996 (*38(2. HAITI 8 Jun 1995. MOZAMBIQUE 26 Apr 1994. MOLDOVA 26 Jan 1993. GAMBIA 8 Aug 1990.N. 6. 38). *general). CANADA 13 Dec 1991 (*21. MALAYSIA 17 Feb 1995 (*1. 21). CZECH REPUBLIC 22 Feb 1993. LATVIA 14 Apr 1992.S. 28(1a). in particular 14. 22. DENMARK 19 Jul 1991 (*40(2b.T. MAURITIUS 26 Jul 1990 (*22).d. 20. MADAGASCAR 19 Mar 1991. 29. 22. general).e. CENTRAL AFRICAN REPUBLIC 23 Apr 1992.3)). ARGENTINA 4 Dec 1990 (*1.v)). 37). ESTONIA 21 Oct 1991. 38). 26. BOSNIA AND HERZEGOVINA 1 Sep 1993 (*9(1)). 3(2).11. 30. BULGARIA 3 Jun 1991. IRAQ 15 Jun 1994 (*14(1)). CAPE VERDE 4 Jun 1992. 18. JORDAN 24 May 1991 (*14. GUINEA 13 Jul 1990. 2. FRANCE 7 Aug 1990 (*6. AUSTRIA 6 Aug 1992 (*13. INDONESIA 5 Sep 1990 (*1. ratification and accession by General Assembly resolution 44/25 of 20 November 1989 1577 U. 26. EQUATORIAL GUINEA 15 Jun 1992. 15. LEBANON 14 May 1991. CONGO (DEMOCRATIC REPUBLIC OF) 27 Sep 1990. MEXICO 21 Sep 1990. CUBA 21 Aug 1991 (*1). FINLAND 20 Jun 1991. KOREA (NORTH) 21 Sep 1990. KIRIBATI 11 Dec 1995 (*12–16.3)). 21(a). 14. 40(2b(i. general). MARSHALL ISLANDS 4 Oct 1993. ANTIGUA AND BARBUDA 5 Oct 1993. MACEDONIA 2 Dec 1993. GREECE 11 May 1993. CHINA 2 Mar 1992 (*6). 38(2.40(2b. 37. ALBANIA 27 Feb 1992. NAMIBIA 30 Sep 1990. BOLIVIA 26 Jun 1990. 40(2b. EL SALVADOR 10 Jul 1990. 28. CHAD 2 Oct 1990. MALI 20 Sep 1990 (*16). *general). BURKINA FASO 31 Aug 1990. 16. 38(2). BANGLADESH 3 Aug 1990 (*14(1). 14. 37(c). LIECHTENSTEIN 22 Dec 1995 (*1. CAMEROON 11 Jan 1993. 20. 1989 (Excerpts) Adopted and opened for signature. 37). 37(c)). ETHIOPIA 14 May 1991. 21. 13. ITALY 5 Sep 1991. ALGERIA 16 Apr 1993 (*13. GUINEA-BISSAU 20 Aug 1990. 13. MICRONESIA 5 May 1993. AZERBAIJAN 13 Aug 1992. LITHUANIA 31 Jan 1992. MONACO 21 Jun 1993 (*7. NETHERLANDS 6 Feb 1995 (*14. LUXEMBOURG 7 Mar 1994 (*3. 16. GUYANA 14 Jan 1991. 22. ICELAND 28 Oct 1992 (*9. 17. BRUNEI 27 Dec 1995 (*general. 44 AFGHANISTAN 28 Mar 1994 (*general). DOMINICAN REPUBLIC 11 Jun 1991. MAURITANIA 16 May 1991 (*general). BURUNDI 19 Oct 1990. 10).3)). INDIA 11 Dec 1992 (*32(2a)). MONGOLIA 5 Jul 1990. BELIZE 2 May 1990. 38. NEW ZEALAND 6 Apr 1993 (*32(1).e). KOREA (SOUTH) 20 Nov 1991 (*9(3).c. KENYA 30 Jul 1990.2). LIBERIA 4 Jun 1993. 17). BARBADOS 9 Oct 1990. CROATIA 12 Oct 1992 (*9(1)). GRENADA 5 Nov 1990. JAPAN 22 Apr 1994 (*9(1). IRAN 13 Jul 1994 (*general). GEORGIA 2 Jun 1994.37 I. MOROCCO 21 Jun 1993 (*14). 21(b. BAHAMAS 20 Feb 1991 (*2). KAZAKHSTAN 12 Aug 1994. GUATEMALA 6 Jun 1990 (*1. CAMBODIA 15 Oct 1992. CYPRUS 7 Feb 1991. 16.c. 10.v)). 17. 37. COOK ISLANDS 6 Jun 1997 (*2. ISRAEL 3 Oct 1991. BRAZIL 24 Sep 1990. HUNGARY 7 Oct 1991. LESOTHO 10 Mar 1992. MALAWI 2 Jan 1991. 7. 7. KUWAIT 21 Oct 1991 (*7. general) COSTA RICA 21 Aug 1990. 21).2v)). 21). IRELAND 28 Sep 1992 (*general). ERITREA 3 Aug 1994. 40(2b. GERMANY 6 Mar 1992 (*3(2). HONDURAS 10 Aug 1990. CONGO 14 Oct 1993.d.37(c)). 14(1). BELARUS 1 Oct 1990. v)). 40). BELGIUM 16 Dec 1991 (*2(1). COTE D’IVOIRE 4 Feb 1991. DOMINICA 13 Mar 1991. 15. AUSTRALIA 17 Dec 1990 (*37(c)). DJIBOUTI 6 Dec 1990 (*general).14(1. KYRGYZSTAN 7 Oct 1994. v)). 14. BENIN 3 Aug 1990.

160]. 22).] . 32. SAUDI ARABIA 26 Jan 1996 (*general). 38). The European Convention on the Exercise of Children’s Rights was opened for signature on 25 Jan 1996 and signed by nine Council of Europe Member States [E. 40(2b. expressed opinions. UGANDA 17 Aug 1990. irrespective of the child’s or his or her parent’s or legal guardian’s race. ZAMBIA 6 Dec 1991. UZBEKISTAN 29 Jun 1994. VENEZUELA 13 Sep 1990 (*21(b. general) SLOVAKIA 28 May 1993. TUNISIA 30 Jan 1992 (*2. 14. 37©. 19. PHILIPPINES 21 Aug 1990. SPAIN 6 Dec 1990 [7 (*21(d). PALAU 4 Aug 1995. 51).3)). language. SRI LANKA 12 Jul 1991. SAMOA 29 Nov 1994 (*28(1 a). TRINIDAD & TOBAGO 5 Dec 1991.9/49 (1990)]. . property. NORWAY 8 Jan 1991 (*40(2b. 20. CAB/LEG/24. 12. SIERRA LEONE 18 Jun 1990. 29. UKRAINE 28 Aug 1991. 40). RWANDA 24 Jan 1991. Article 2 1. OMAN 9 Dec 1996 (*7. RUSSIA 16 Aug 1990. 37(c). SWITZERLAND 24 Feb 1997 (*7. SEYCHELLES 7 Sep 1990. TUVALU 22 Sep 1995. ST VINCENT AND THE GRENADINES 26 Oct 1993. disability. UNITED KINGDOM 16 Dec 1991 (*22. SWAZILAND 7 Sep 1995 (*general. SERBIA & MONTENEGRO 12 Mar 2001. SAN MARINO 25 Nov 1991. TURKMENISTAN 20 Sep 1993. SINGAPORE 5 Oct 1995 (12–17. general) TAJIKISTAN 26 Oct 1993. 21. majority is attained earlier.v).T. 10(1).S. PAKISTAN 12 Nov 1990. ethnic or social origin. UNITED ARAB EMIRATES 3 Jan 1997 (*7 14. 3. 21. PAPUA NEW GUINEA 2 Mar 1993. political or other opinion. general). SOLOMON ISLANDS 10 Apr 1995. sex. URUGUAY 20 Nov 1990 (*38(2. *4). VANUATU 7 Jul 1993. THAILAND 27 Mar 1992 (*7. 2. 16. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status. a child means every human being below the age of eighteen years unless under the law applicable to the child. SENEGAL 31 Jul 1990. colour. 6. [. 2. religion. .d) 30). SAINT LUCIA 16 Jun 1993. 37. national. Article 1 For the purposes of the present Convention. SLOVENIA 6 Jul 1992ct (*9(1)).v)). TOGO 1 Aug 1990. YEMEN 1 May 1991. SURINAME 1 Mar 1993. activities. PARAGUAY 25 Sep 1990. PERU 4 Sep 1990. PORTUGAL 21 Sep 1990. SWEDEN 29 Jun 1990. 1991. 30). 14. TONGA 6 Nov 1995. 21). 9(4). *general) TURKEY 4 Apr 1995 (*17. birth or other status. QATAR 3 Apr 1995 (*general) ROMANIA 28 Sep 1990. TIMOR-LESTE 16 Apr 2003. SYRIA 15 Jul 1993 (*2. or family members. SOUTH AFRICA 16 Jun 1995. legal guardians. POLAND 7 Jun 1991 (*7. 28(1a). VIETNAM 28 Feb 1990.38 NIGER 30 Sep 1990. or beliefs of the child’s parents. 7. ZIMBABWE 11 Sep 1990 The African Charter on the Rights and Welfare of the Child which includes Article 23 on refugee children was concluded in 1990 [OAU Doc. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind.). TANZANIA 10 Jun 5. NIUE 20 Dec 1995. PANAMA 12 Dec 1990. 38(2.3)). SÃO TOME & PRINCIPE 14 May 1991. 17. 24(21). ST KITTS AND NEVIS 24 Jul 1990. 32(b). NIGERIA 19 Apr 1991. SUDAN 3 Aug 1990.

39 Article 9 1. imprisonment. and to enter their own country. the child or. applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive. humane and expeditious manner. 4. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family. save in exceptional circumstances personal relations and direct contacts with both parents. Article 10 1. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned. . all interested parties shall be given an opportunity to participate in the proceedings and make their views known. or one where the parents are living separately and a decision must be made as to the child’s place of residence. States Parties shall ensure that a child shall not be separated from his or her parents against their will. that State Party shall. In accordance with the obligation of States Parties under article 9. In any proceedings pursuant to paragraph 1 of the present article. States Parties shall respect the right of the child and his or her parents to leave any country. except if it is contrary to the child’s best interests. except when competent authorities subject to judicial review determine. that such separation is necessary for the best interests of the child. paragraph 1. such as the detention. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security. provide the parents. including their own. paragraph 1. in accordance with applicable law and procedures. Towards that end and in accordance with the obligation of States Parties under article 9. another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. if appropriate. exile. A child whose parents reside in different States shall have the right to maintain on a regular basis. public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention. public order (ordre public). Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents. 2. upon request. 3. Where such separation results from any action initiated by a State Party. deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis. 2.

the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason.] Article 30 In those States in which ethnic. in community with other members of his or her group. as they consider appropriate. 2. 2.] Article 22 1. . or to use his or her own language. [. States Parties shall provide. whether unaccompanied or accompanied by his or her parents or by any other person. as set forth in the present Convention. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall. . For this purpose. religious or linguistic minorities or persons of indigenous origin exist. States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements. cooperation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations co-operating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family.] . receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties. . to enjoy his or her own culture. In cases where no parents or other members of the family can be found. . . To this end.40 Article 11 1. . [. to profess and practise his or her own religion. [. States Parties shall take measures to combat the illicit transfer and non-return of children abroad. a child belonging to such a minority or who is indigenous shall not be denied the right.

which comprises preparation for migration. 46.N. religion or conviction. 93 ALGERIA 21 Apr 2005. 22(4)). 1990 Adopted and opened for signature. 40. ratification and accession by General Assembly resolution 45/158 of 18 December 1990 2220 U. 45. ethnic or social origin. except as otherwise provided hereafter. race. economic position. EL SALVADOR 14 Mar 2003 (*32. BELIZE 14 Nov 2001.T. departure. INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES. The present Convention shall apply during the entire migration process of migrant workers and members of their families. KYRGYZSTAN 29 Sep 2003. The present Convention is applicable. nationality. MALI 5 Jun 200. COLOMBIA 24 May 1995 (*15. BOSNIA AND HERZEGOVINA 13 Dec 1996.41 I. BURKINA FASO 26 Nov 2003. 92(1) excluded). NICARAGUA 26 Oct 2005. 29. SENEGAL 9 Jun 1999. MEXICO 8 Mar 1999 (*general. CHILE 21 Mar 2005. TIMOR-LESTE 30 Jan 2004. URUGUAY 15 Feb 2001 PART I: SCOPE AND DEFINITIONS Article 1 1.S. PHILIPPINES 5 Jul 1995. 2. . 49. to all migrant workers and members of their families without distinction of any kind such as sex. is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national. BOLIVIA 16 Oct 2000. language. TAJIKISTAN 8 Jan 2002. 46. GUINEA 7 Sep 2000. SRI LANKA 11 Mar 1996 (*8(2). age. 2. marital status. TURKEY 27 Sep 2004 (*15. ECUADOR 5 Feb 2002. 76. PERU 14 Sep 2005. SEYCHELLES 15 Dec 1994. LIBYAN ARAB JAMAHIRIYA 18 Jun 2004. The term “migrant worker” refers to a person who is to be engaged.12. 61. AZERBAIJAN 11 Jan 1999. LESOTHO 16 Sep 2005. CAPE VERDE 16 Sep 1997. 48. transit and the entire period of stay and remunerated activity in the State of employment as well as return to the State of origin or the State of habitual residence. 77). UGANDA 14 Nov 1995 (*18(3)(d)). property. 46. political or other opinion. HONDURAS 9 Aug 2005. GUATEMALA 14 Mar 2003. birth or other status. GHANA 7 Sep 2000. national. 54). SYRIAN ARAB REPUBLIC 2 Jun 2005. colour. Article 2 For the purposes of the present Convention: 1. MOROCCO 21 Jun 1993 (*92(1)). 47). EGYPT 19 Feb 1993 (*4. 47. 18(b)).

(f ) The term “project-tied worker” refers to a migrant worker admitted to a State of employment for a defined period to work solely on a specific project being carried out in that State by his or her employer. technical or other highly specialized skill. (c) The term “seafarer”. having his or her habitual residence in one State. or (ii) Who engages for a restricted and defined period of time in work that requires professional.42 (a) The term “frontier worker” refers to a migrant worker who retains his or her habitual residence in a neighbouring State to which he or she normally returns every day or at least once a week. (h) The term “self-employed worker” refers to a migrant worker who is engaged in a remunerated activity otherwise than under a contract of employment and who earns his or her living through this activity normally working alone or together with members of his or her family. has to travel to another State or States for short periods. and who is required to depart from the State of employment either at the expiration of his or her authorized period of stay. and to any other migrant worker recognized as self-employed by applicable legislation of the State of employment or bilateral or multilateral agreements. or (iii) Who. engages for a restricted and defined period of time in work whose nature is transitory or brief. refers to a migrant worker employed on board a vessel registered in a State of which he or she is not a national. (d) The term “worker on an offshore installation” refers to a migrant worker employed on an offshore installation that is under the jurisdiction of a State of which he or she is not a national. (e) The term “itinerant worker’’ refers to a migrant worker who. which includes a fisherman. (b) The term “seasonal worker” refers to a migrant worker whose work by its character is dependent on seasonal conditions and is performed only during part of the year. or earlier if he or she no longer undertakes that specific assignment or duty or engages in that work. (g) The term “specified-employment worker” refers to a migrant worker: (i) Who has been sent by his or her employer for a restricted and defined period of time to a State of employment to undertake a specific assignment or duty. commercial. . upon the request of his or her employer in the State of employment. Article 3 The present Convention shall not apply to: (a) Persons sent or employed by international organizations and agencies or persons sent or employed by a State outside its territory to perform official functions. owing to the nature of his or her occupation.

Persons taking up residence in a State different from their State of origin as investors. unless such application is provided for in the relevant national legislation of. produces effects equivalent to marriage. (b) Are considered as non-documented or in an irregular situation if they do not comply with the conditions provided for in subparagraph (a) of the present Article. Students and trainees. as well as their dependent children and other dependent persons who are recognized as members of the family by applicable legislation or applicable bilateral or multilateral agreements between the States concerned. the State Party concerned. (b) (c) (d) (e) (f ) . Article 4 For the purposes of the present Convention the term “members of the family” refers to persons married to migrant workers or having with them a relationship that. Persons sent or employed by a State or on its behalf outside its territory who participate in development programmes and other co-operation programmes.43 whose admission and status are regulated by general international law or by specific international agreements or conventions. are not considered migrant workers. whose admission and status are regulated by agreement with the State of employment and who. according to applicable law. Article 5 For the purposes of the present Convention. in accordance with that agreement. Article 6 For the purposes of the present Convention: (a) The term “State of origin” means the State of which the person concerned is a national. or international instruments in force for. Refugees and stateless persons. to stay and to engage in a remunerated activity in the State of employment pursuant to the law of that State and to international agreements to which that State is a party. Seafarers and workers on an offshore installation who have not been admitted to take up residence and engage in a remunerated activity in the State of employment. migrant workers and members of their families: (a) Are considered as documented or in a regular situation if they are authorized to enter.

political or other opinion. PART III: HUMAN RIGHTS OF OF THEIR ALL MIGRANT WORKERS AND MEMBERS FAMILIES Article 8 1. birth or other status.” means any State through which the person concerned passes on any journey to the State of employment or from the State of employment to the State of origin or the State of habitual residence. Migrant workers and members of their families shall be free to leave any State. Article 9 The right to life of migrant workers and members of their families shall be protected by law. inhuman or degrading treatment or punishment. age. colour. property. . as the case may be. religion or conviction. nationality. (c) The term “State of transit.44 (b) The term “State of employment” means a State where the migrant worker is to be engaged. ethnic or social origin. race. Migrant workers and members of their families shall have the right at any time to enter and remain in their State of origin. Article 10 No migrant worker or member of his or her family shall be subjected to torture or to cruel. economic position. 2. national. marital status. are necessary to protect national security. is engaged or has been engaged in a remunerated activity. in accordance with the international instruments concerning human rights. to respect and to ensure to all migrant workers and members of their families within their territory or subject to their jurisdiction the rights provided for in the present Convention without distinction of any kind such as to sex. PART II: NON-DISCRIMINATION WITH RESPECT TO RIGHTS Article 7 States Parties undertake. This right shall not be subject to any restrictions except those that are provided by law. public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present part of the Convention. public order (ordre public). including their State of origin. language.

2. No migrant worker or member of his or her family shall be required to perform forced or compulsory labour. order. 2. this right shall include freedom to seek. No migrant worker or member of his or her family shall be held in slavery or servitude. States Parties to the present Convention undertake to have respect for the liberty of parents. receive and impart information . Migrant workers and members of their families shall have the right to hold opinions without interference. conscience and religion. Migrant workers and members of their families shall not be subject to coercion that would impair their freedom to have or to adopt a religion or belief of their choice. when applicable. practice and teaching. Article 12 1. observance. Freedom to manifest one’s religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety. the performance of hard labour in pursuance of a sentence to such punishment by a competent court. 3. Migrant workers and members of their families shall have the right to freedom of thought. Paragraph 2 of the present Article shall not be held to preclude. For the purpose of the present Article the term “forced or compulsory labour” shall not include: (a) Any work or service not referred to in paragraph 3 of the present Article normally required of a person who is under detention in consequence of a lawful order of a court or of a person during conditional release from such detention. legal guardians to ensure the religious and moral education of their children in conformity with their own convictions. 4.45 Article 11 1. at least one of whom is a migrant worker. 2. Migrant workers and members of their families shall have the right to freedom of expression. 4. health or morals or the fundamental rights and freedoms of others. (c) Any work or service that forms part of normal civil obligations so far as it is imposed also on citizens of the State concerned. and. This right shall include freedom to have or to adopt a religion or belief of their choice and freedom either individually or in community with others and in public or private to manifest their religion or belief in worship. (b) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community. 3. Article 13 1. in States where imprisonment with hard labour may be imposed as a punishment for a crime.

Where. (c) For the purpose of preventing any propaganda for war. in the form of art or through any other media of their choice. either orally. Any verification by law enforcement officials of the identity of migrant workers or members of their families shall be carried out in accordance with procedure established by law. but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputation of others. Each migrant worker and member of his or her family shall have the right to the protection of the law against such interference or attacks. whether by public officials or by private individuals.46 and ideas of all kinds. 3. the assets of a migrant worker or a member of his or her family are expropriated in whole or in part. family. physical injury. regardless of frontiers. or to unlawful attacks on his or her honour and reputation. whether owned individually or in association with others. 3. racial or religious hatred that constitutes incitement to discrimination. correspondence or other communications. they shall not be deprived o their liberty except on such grounds and in accordance with such procedures as are established by law. groups or institutions. Article 16 1. threats and intimidation. hostility or violence. 2. . Article 14 No migrant worker or member of his or her family shall be subjected to arbitrary or unlawful interference with his or her privacy. the person concerned shall have the right to fair and adequate compensation. home. It may therefore be subject to certain restrictions. (b) For the protection of the national security of the States concerned or of public order (ordre public) or of public health or morals. Migrant workers and members of their families shall not be subjected individually or collectively to arbitrary arrest or detention. The exercise of the right provided for in paragraph 2 of the present Article carries with it special duties and responsibilities. (d) For the purpose of preventing any advocacy of national. in writing or in print. Article 15 No migrant worker or member of his or her family shall be arbitrarily deprived of property. Migrant workers and members of their families shall be entitled to effective protection by the State against violence. 4. Migrant workers and members of their families shall have the right to liberty and security of person. under the legislation in force in the State of employment.

(b) The person concerned shall have the right to communicate with the said authorities. applicable between the States concerned. Migrant workers and members of their families who are deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person and for their cultural identity. should the occasion arise. but release may be subject to guarantees to appear for trial. if he or she so requests. of an interpreter. at any other stage of the judicial proceedings and. . When a migrant worker or a member of his or her family is arrested or committed to prison or custody pending trial or is detained in any other manner: (a) The consular or diplomatic authorities of his or her State of origin or of a State representing the interests of that State shall. Any communication by the person concerned to the said authorities shall be forwarded without delay.47 5. if necessary without cost to them. if they cannot understand or speak the language used. Accused migrant workers and members of their families shall. if any. Migrant workers and members of their families who are arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. Migrant workers and members of their families who have been victims of unlawful arrest or detention shall have an enforceable right to compensation. 7. 8. 6. 9. they shall have the assistance. Migrant workers and members of their families who are arrested shall be informed at the time of arrest as far as possible in a language they understand of the reasons for their arrest and they shall be promptly informed in a language they understand of any charges against them. be separated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons. It shall not be the general rule that while awaiting trial they shall be detained in custody. to correspond and to meet with representatives of the said authorities and to make arrangements with them for his or her legal representation. be informed without delay of his or her arrest or detention and of the reasons therefor. Migrant workers and members of their families who are deprived of their liberty by arrest or detention shall be entitled to take proceedings before a court. and he or she shall also have the right to receive communications sent by the said authorities without delay. for the execution of the judgement. save in exceptional circumstances. When they attend such proceedings. Article 17 1. 2. Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. in order that that court may decide without delay on the lawfulness of their detention and order their release if the detention is not lawful. (c) The person concerned shall be informed without delay of this right and of rights deriving from relevant treaties.

the essential aim of the treatment of a migrant worker or a member of his or her family shall be his or her reformation and social rehabilitation. In the determination of any criminal charge against them or of their rights and obligations in a suit of law. migrant workers and members of their families shall be entitled to the following minimum guarantees: (a) To be informed promptly and in detail in a language they understand of the nature and cause of the charge against them. independent and impartial tribunal established by law.48 3. 3. Juvenile offenders shall be separated from adults and be accorded treatment appropriate to their age and legal status. 5. Whenever a migrant worker is deprived of his or her liberty. he or she shall not bear any costs arising therefrom. and to have legal assistance assigned to them. Migrant workers and members of their families who are subjected to any form of detention or imprisonment in accordance with the law in force in the State of employment or in the State of transit shall enjoy the same rights as nationals of those States who are in the same situation. if they do not have legal assistance. they shall be entitled to a fair and public hearing by a competent. During detention or imprisonment. (b) To have adequate time and facilities for the preparation of their defence and to communicate with counsel of their own choosing. . If a migrant worker or a member of his or her family is detained for the purpose of verifying any infraction of provisions related to migration. of this right. In the determination of any criminal charge against them. 7. Any migrant worker or member of his or her family who is detained in a State of transit or in a State of employment for violation of provisions relating to migration shall be held. (c) To be tried without undue delay. Migrant workers and members of their families shall have the right to equality with nationals of the State concerned before the courts and tribunals. (d) To be tried in their presence and to defend themselves in person or through legal assistance of their own choosing. During any period of imprisonment in pursuance of a sentence imposed by a court of law. Migrant workers and members of their families who are charged with a criminal offence shall have the right to be presumed innocent until proven guilty according to law. 8. to be informed. in particular for spouses and minor children. in so far as practicable. migrant workers and members of their families shall enjoy the same rights as nationals to visits by members of their families. 6. 2. 4. the competent authorities of the State concerned shall pay attention to the problems that may be posed for members of his or her family. separately from convicted persons or persons detained pending trial. Article 18 1. in any case where the interests of justice so require and without payment by them in any such case if they do not have sufficient means to pay.

in particular with respect to his or her right of residence or work. Article 20 1. 2.49 (e) To examine or have examined the witnesses against them and to obtain the attendance and examination of witnesses on their behalf under the same conditions as witnesses against them. No migrant worker or member of his or her family shall be liable to be tried or punished again for an offence for which he or she has already been finally convicted or acquitted in accordance with the law and penal procedure of the State concerned. by a final decision. No migrant worker or member of his or her family shall be imprisoned merely on the ground of failure to fulfil a contractual obligation. In the case of juvenile persons. unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to that person. 2. (f ) To have the free assistance of an interpreter if they cannot understand or speak the language used in court. 5. 4. provision is made by law for the imposition of a lighter penalty. No migrant worker or member of his or her family shall be held guilty of any criminal offence on account of any act or omission that did not constitute a criminal offence under national or international law at the time when the criminal offence was committed. 7. When a migrant worker or a member of his or her family has. subsequent to the commission of the offence. No migrant worker or member of his or her family shall be deprived of his or her authorization of residence or work permit or expelled merely on the ground of failure to fulfil an obligation arising out of a work contract unless fulfilment of that obligation constitutes a condition for such authorization or permit. he or she shall benefit thereby. the person who has suffered punishment as a result of such conviction shall be compensated according to law. If. 6. Humanitarian considerations related to the status of a migrant worker. Article 19 1. Migrant workers and members of their families convicted of a crime shall have the right to their conviction and sentence being reviewed by a higher tribunal according to law. nor shall a heavier penalty be imposed than the one that was applicable at the time when it was committed. the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. . should be taken into account in imposing a sentence for a criminal offence committed by a migrant worker or a member of his or her family. (g) Not to be compelled to testify against themselves or to confess guilt. been convicted of a criminal offence and when subsequently his or her conviction has been reversed or he or she has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice.

other than a public official duly authorized by law. The person concerned may be required to pay his or her own travel costs. Migrant workers and members of their families may be expelled from the territory of a State Party only in pursuance of a decision taken by the competent authority in accordance with law. Each case of expulsion shall be examined and decided individually. unless compelling reasons of national security require otherwise. 9. Upon their request where not otherwise mandatory. 3. save in exceptional circumstances on account of national security. a migrant worker or a member of his or her family who is subject to such a decision may seek entry into a State other than his or her State of origin. In case of expulsion of a migrant worker or a member of his or her family the costs of expulsion shall not be borne by him or her. including the right to receive wages and other entitlements due to him or her. Pending such review. 6. the reasons for the decision likewise stated. the person concerned shall have the right to seek compensation according to law and the earlier decision shall not be used to prevent him or her from reentering the State concerned. 4. Except where a final decision is pronounced by a judicial authority. the person concerned shall have a reasonable opportunity before or after departure to settle any claims for wages and other entitlements due to him or her and any pending liabilities. Article 22 1. 7. destroy or attempt to destroy identity documents. Expulsion from the State of employment shall not in itself prejudice any rights of a migrant worker or a member of his or her family acquired in accordance with the law of that State. . documents authorizing entry to or stay. the person concerned shall have the right to submit the reason he or she should not be expelled and to have his or her case reviewed by the competent authority. the decision shall be communicated to them in writing and. 2. In case of expulsion. to confiscate. residence or establishment in the national territory or work permits. The persons concerned shall be informed of these rights before or at the latest at the time the decision is rendered. The decision shall be communicated to them in a language they understand. 5. No authorized confiscation of such documents shall take place without delivery of a detailed receipt. Migrant workers and members of their families shall not be subject to measures of collective expulsion. 8. Without prejudice to the execution of a decision of expulsion. In no case shall it be permitted to destroy the passport or equivalent document of a migrant worker or a member of his or her family.50 Article 21 It shall be unlawful for anyone. If a decision of expulsion that has already been executed is subsequently annulled. the person concerned shall have the right to seek a stay of the decision of expulsion.

Article 24 Every migrant worker and every member of his or her family shall have the right to recognition everywhere as a person before the law. holidays with pay. States Parties shall take all appropriate measures to ensure that migrant workers are not deprived of any rights derived from this principle by reason of any irregularity in their stay or employment.51 Article 23 Migrant workers and members of their families shall have the right to have recourse to the protection and assistance of the consular or diplomatic authorities of their State of origin or of a State representing the interests of that State whenever the rights recognized in the present Convention are impaired. In particular. subject only to the rules of the organization concerned. according to national law and practice. that is to say. . Article 25 1. according to national law and practice. are covered by these terms. with a view to protecting their economic. subject only to the rules of the organization concerned. Article 26 1. In particular. in case of expulsion. the person concerned shall be informed of this right without delay and the authorities of the expelling State shall facilitate the exercise of such right. weekly rest. restriction on home work and any other matters which. that is to say. (b) To join freely any trade union and any such association as aforesaid. termination of the employment relationship and any other conditions of work which. minimum age of employment. 3. safety. nor shall their obligations be limited in any manner by reason of such irregularity. Migrant workers shall enjoy treatment not less favourable than that which applies to nationals of the State of employment in respect of remuneration and: (a) Other conditions of work. are considered a term of employment. hours of work. health. States Parties recognize the right of migrant workers and members of their families: (a) To take part in meetings and activities of trade unions and of any other associations established in accordance with law. social. cultural and other interests. It shall not be lawful to derogate in private contracts of employment from the principle of equality of treatment referred to in paragraph 1 of the present Article. (b) Other terms of employment. overtime. 2. employers shall not be relieved of any legal or contractual obligations.

migrant workers and members of their families shall enjoy in the State of employment the same treatment granted to nationals in so far as they fulfil the requirements provided for by the applicable legislation of that State and the applicable bilateral and multilateral treaties. to registration of birth and to a nationality. Article 30 Each child of a migrant worker shall have the basic right of access to education on the basis of equality of treatment with nationals of the State concerned. Access to public pre-school educational institutions or schools shall not be refused or limited by reason of the irregular situation with respect to stay or employment of either parent or by reason of the irregularity of the child’s stay in the State of employment. Article 29 Each child of a migrant worker shall have the right to a name. . public order (ordre public) or the protection of the rights and freedoms of others. Article 27 1. No restrictions may be placed on the exercise of these rights other than those that are prescribed by law and which are necessary in a democratic society in the interests of national security. 2.52 (c) To seek the aid and assistance of any trade union and of any such association as aforesaid. Where the applicable legislation does not allow migrant workers and members of their families a benefit. Article 28 Migrant workers and members of their families shall have the right to receive any medical care that is urgently required for the preservation of their life or the avoidance of irreparable harm to their health on the basis of equality of treatment with nationals of the State concerned. 2. With respect to social security. the States concerned shall examine the possibility of reimbursing interested persons the amount of contributions made by them with respect to that benefit on the basis of the treatment granted to nationals who are in similar circumstances. The competent authorities of the State of origin and the State of employment can at any time establish the necessary arrangements to determine the modalities of application of this norm. Such emergency medical care shall not be refused them by reason of any irregularity with regard to stay or employment.

Article 32 Upon the termination of their stay in the State of employment. Article 33 1. 2. free of charge. States Parties may take appropriate measures to assist and encourage efforts in this respect.53 Article 31 1. their personal effects and belongings. in accordance with the applicable legislation of the States concerned. Article 35 Nothing in the present part of the Convention shall be interpreted as implying the regularization of the situation of migrant workers or members of their families who . States Parties shall take all measures they deem appropriate to disseminate the said information or to ensure that it is provided by employers. their rights and obligations under the law and practice of the State concerned and such other matters as will enable them to comply with administrative or other formalities in that State. Migrant workers and members of their families shall have the right to be informed by the State of origin. States Parties shall ensure respect for the cultural identity of migrant workers and members of their families and shall not prevent them from maintaining their cultural links with their State of origin. 3. the State of employment or the State of transit as the case may be concerning: (a) Their rights arising out of the present Convention. 2. Such adequate information shall be provided upon request to migrant workers and members of their families. as far as possible. in a language they are able to understand. and. migrant workers and members of their families shall have the right to transfer their earnings and savings and. trade unions or other appropriate bodies or institutions. they shall co-operate with other States concerned. (b) The conditions of their admission. As appropriate. Article 34 Nothing in the present part of the Convention shall have the effect of relieving migrant workers and the members of their families from either the obligation to comply with the laws and regulations of any State of transit and the State of employment or the obligation to respect the cultural identity of the inhabitants of such States.

of all conditions applicable to their admission and particularly those concerning their stay and the remunerated activities in which they may engage as well as of the requirements they must satisfy in the State of employment and the authority to which they must address themselves for any modification of those conditions. public order (ordre public). or at the latest at the time of their admission to the State of employment. Article 38 1.54 are non-documented or in an irregular situation or any right to such regularization of their situation. States of employment shall take into account the special needs and obligations of migrant workers and members of their families. in particular in their States of origin. Migrant workers and members of their families shall have the right to liberty of movement in the territory of the State of employment and freedom to choose their residence there. are necessary to protect national security. 2. nor shall it prejudice the measures intended to ensure sound and equitable-conditions for international migration as provided in Part VI of the present Convention. as the case may be. as appropriate. The rights mentioned in paragraph 1 of the present Article shall not be subject to any restrictions except those that are provided by law. States of employment shall make every effort to authorize migrant workers and members of the families to be temporarily absent without effect upon their authorization to stay or to work. Migrant workers and members of their families shall have the right to be fully informed of the terms on which such temporary absences are authorized. public health or morals. 2. migrant workers and members of their families shall have the right to be fully informed by the State of origin or the State of employment. or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention. In doing so. Article 39 1. . PART IV: OTHER RIGHTS WHO ARE OF MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES DOCUMENTED OR IN A REGULAR SITUATION Article 36 Migrant workers and members of their families who are documented or in a regular situation in the State of employment shall enjoy the rights set forth in the present Part of the Convention in addition to those set forth in Part III. Article 37 Before their departure.

(e) Access to social and health services. 3. social. Article 41 1. Migrant workers and members of their families shall have the right to form associations and trade unions in the State of employment for the promotion and protection of their economic. both in States of origin and in States of employment.55 Article 40 1. as appropriate and in accordance with their legislation. 2. Migrant workers may enjoy political rights in the State of employment if that State. the possibility for migrant workers and members of their families to have their freely chosen representatives in those institutions. in accordance with their national legislation. (c) Access to vocational training and retraining facilities and institutions. provided that the requirements for participation in the respective schemes are met. cultural and other interests. No restrictions may be placed on the exercise of this right other than those that are prescribed by law and are necessary in a democratic society in the interests of national security. States of employment shall facilitate. States Parties shall consider the establishment of procedures or institutions through which account may be taken. of special needs. (b) Access to vocational guidance and placement services. the consultation or participation of migrant workers and members of their families in decisions concerning the life and administration of local communities. aspirations and obligations of migrant workers and members of their families and shall envisage. Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to: (a) Access to educational institutions and services subject to the admission requirements and other regulations of the institutions and services concerned. Article 42 1. facilitate the exercise of these rights. Migrant workers and members of their families shall have the right to participate in public affairs of their State of origin and to vote and to be elected at elections of that State. public order (ordre public) or the protection of the rights and freedoms of others. in accordance with its legislation. (d) Access to housing. in the exercise of its sovereignty. 2. grants them such rights. . Article 43 1. 2. and protection against exploitation in respect of rents. as appropriate. including social housing schemes. The States concerned shall.

shall take appropriate measures to ensure the protection of the unity of the families of migrant workers. Members of the families of migrant workers shall. Subject to Article 70 of the present Convention. 3. 3. 2. subject to the admission requirements and other regulations of the institutions and services concerned. shall favourably consider granting equal treatment. as well as with their minor dependent unmarried children. (g) Access to and participation in cultural life. as set forth in paragraph 2 of the present Article. States of employment shall pursue a policy. 2. enjoy equality of treatment with nationals of that State in relation to: (a) Access to educational institutions and services. Article 44 1. 2. which shall not imply a change of their migration status and shall be subject to the rules and regulations of the bodies concerned. (d) Access to and participation in cultural life. on humanitarian grounds. produces effects equivalent to marriage. provided that requirements for participation are met. States Parties shall promote conditions to ensure effective equality of treatment to enable migrant workers to enjoy the rights mentioned in paragraph 1 of the present Article whenever the terms of their stay. provided that requirements for participation in the respective schemes are met. Article 45 1. (b) Access to vocational guidance and training institutions and services. States of employment shall not prevent an employer of migrant workers from establishing housing or social or cultural facilities for them. according to applicable law. States Parties shall take measures that they deem appropriate and that fall within their competence to facilitate the reunification of migrant workers with their spouses or persons who have with the migrant worker a relationship that. recognizing that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State. particularly in respect of teaching them the local language. aimed at facilitating the integration of children of migrant workers in the local school system. States Parties. in the State of employment. as authorized by the State of employment. a State of employment may make the establishment of such facilities subject to the requirements generally applied in that State concerning their installation. (c) Access to social and health services. to other family members of migrant workers. States of employment. meet the appropriate requirements. .56 (f ) Access to co-operatives and self-managed enterprises. where appropriate in collaboration with the States of origin.

as well as relevant international agreements and the obligations of the States concerned arising out of their participation in customs unions. . subject to the applicable legislation of the States concerned. initial admission to the State of employment. including tax allowances for dependent members of their families. States Parties shall endeavour to adopt appropriate measures to avoid double taxation of the earnings and savings of migrant workers and members of their families. States of employment may provide special schemes of education in the mother tongue of children of migrant workers. States concerned shall take appropriate measures to facilitate such transfers. Article 46 Migrant workers and members of their families shall. States of origin shall collaborate whenever appropriate. enjoy exemption from import and export duties and taxes in respect of their personal and household effects as well as the equipment necessary to engage in the remunerated activity for which they were admitted to the State of employment: (a) (b) (c) (d) Upon Upon Upon Upon departure from the State of origin or State of habitual residence. 2. final departure from the State of employment. in particular those funds necessary for the support of their families. if necessary in collaboration with the States of origin. final return to the State of origin or State of habitual residence. Article 48 1. migrant workers and members of their families shall. Without prejudice to applicable double taxation agreements. (b) Be entitled to deductions or exemptions from taxes of any description and to any tax allowances applicable to nationals in similar circumstances.57 3. duties or charges of any description higher or more onerous than those imposed on nationals in similar circumstances. 2. Such transfers shall be made in conformity with procedures established by applicable legislation of the State concerned and in conformity with applicable international agreements. from the State of employment to their State of origin or any other State. Article 47 1. in the matter of earnings in the State of employment: (a) Not be liable to taxes. Migrant workers shall have the right to transfer their earnings and savings. 4. States of employment shall endeavour to facilitate for the children of migrant workers the teaching of their mother tongue and culture and. in this regard.

2. Article 51 Migrant workers who in the State of employment are not permitted freely to choose their remunerated activity shall neither be regarded as in an irregular situation nor shall they lose their authorization of residence by the mere fact of the termination of their remunerated activity prior to the expiration of their work permit. the State of employment shall favourably consider granting family members of that migrant worker residing in that State on the basis of family reunion an authorization to stay. participation in public work schemes and retraining during the remaining period of their authorization to work. In the case of death of a migrant worker or dissolution of marriage.58 Article 49 1. subject to such conditions and limitations as are specified in the authorization to work. In order to allow migrant workers referred to in paragraph 2 of the present Article sufficient time to find alternative remunerated activities. the authorization of residence shall not be withdrawn at least for a period corresponding to that during which they may be entitled to unemployment benefits. Article 50 1. 3. . Migrant workers who in the State of employment are allowed freely to choose their remunerated activity shall neither be regarded as in an irregular situation nor shall they lose their authorization of residence by the mere fact of the termination of their remunerated activity prior to the expiration of their work permits or similar authorizations. 2. the State of employment shall take into account the length of time they have already resided in that State. Where separate authorizations to reside and to engage in employment are required by national legislation. 3. Members of the family to whom such authorization is not granted shall be allowed before departure a reasonable period of time in order to enable them to settle their affairs in the State of employment. Such migrant workers shall have the right to seek alternative employment. except where the authorization of residence is expressly dependent upon the specific remunerated activity for which they were admitted. The provisions of paragraphs 1 and 2 of the present Article may not be interpreted as adversely affecting any right to stay and work otherwise granted to such family members by the legislation of the State of employment or by bilateral and multilateral treaties applicable to that State. the States of employment shall issue to migrant workers authorization of residence for at least the same period of time as their authorization to engage in remunerated activity.

59 Article 52 1. services or activities where this is necessary in the interests of this State and provided for by national legislation. However. Any such limitation shall cease to apply to a migrant worker who has resided lawfully in its territory for the purpose of remunerated activity for a period of time prescribed in its national legislation that should not exceed five years. For migrant workers whose permission to work is limited in time. 4. (b) Restrict free choice of remunerated activity in accordance with its legislation concerning recognition of occupational qualifications acquired outside its territory. a State of employment may also: (a) Make the right freely to choose their remunerated activities subject to the condition that the migrant worker has resided lawfully in its territory for the purpose of remunerated activity for a period of time prescribed in its national legislation that should not exceed two years. Members of a migrant worker’s family who have themselves an authorization of residence or admission that is without limit of time or is automatically renewable shall be permitted freely to choose their remunerated activity under the same conditions as are applicable to the said migrant worker in accordance with Article 52 of the present Convention. With respect to members of a migrant worker’s family who are not permitted freely to choose their remunerated activity. States of employment shall prescribe the conditions under which a migrant worker who has been admitted to take up employment may be authorized to engage in work on his or her own account. States Parties shall consider favourably granting them priority in obtaining permission to engage in a remunerated activity over other workers who seek admission to the State of employment. For any migrant worker a State of employment may: (a) Restrict access to limited categories of employment. 2. Account shall be taken of the period during which the worker has already been lawfully in the State of employment. subject to applicable bilateral and multilateral agreements. Migrant workers in the State of employment shall have the right freely to choose their remunerated activity. 2. States Parties concerned shall endeavour to provide for recognition of such qualifications. . functions. Article 53 1. (b) Limit access by a migrant worker to remunerated activities in pursuance of a policy of granting priority to its nationals or to persons who are assimilated to them for these purposes by virtue of legislation or bilateral or multilateral agreements. 3. subject to the following restrictions or conditions.

Without prejudice to the terms of their authorization of residence or their permission to work and the rights provided for in Articles 25 and 27 of the present Convention. account should be taken of humanitarian considerations and of the length of time that the person concerned has already resided in the State of employment. Migrant workers and members of their families referred to in the present Part of the Convention may not be expelled from a State of employment. except for reasons defined in the national legislation of that State. paragraph 1. Article 56 1. PART V: PROVISIONS APPLICABLE TO PARTICULAR CATEGORIES WORKERS AND MEMBERS OF THEIR FAMILIES Article 57 OF MIGRANT The particular categories of migrant workers and members of their families specified in the present part of the Convention who are documented or in a regular situation . If a migrant worker claims that the terms of his or her work contract have been violated by his or her employer. 2. subject to Article 52 of the present Convention. Unemployment benefits. and subject to the safeguards established in Part III. Article 55 Migrant workers who have been granted permission to engage in a remunerated activity. In considering whether to expel a migrant worker or a member of his or her family. 3. shall be entitled to equality of treatment with nationals of the State of employment in the exercise of that remunerated activity. migrant workers shall enjoy equality of treatment with nationals of the State of employment in respect of: (a) (b) (c) (d) Protection against dismissal. subject to the conditions attached to such permission. Expulsion shall not be resorted to for the purpose of depriving a migrant worker or a member of his or her family of the rights arising out of the authorization of residence and the work permit. on terms provided for in Article 18. he or she shall have the right to address his or her case to the competent authorities of the State of employment.60 Article 54 1. 2. Access to alternative employment in the event of loss of work or termination of other remunerated activity. Access to public work schemes intended to combat unemployment. of the present Convention.

Seasonal workers. of the present Convention. as defined in Article 2. 2. as defined in Article 2. Frontier workers. The granting of that right shall not affect their status as frontier workers. shall be entitled to the rights provided for in Part IV that can be applied to them by reason of their presence and work in the territory of the State of employment. Article 60 Itinerant workers. as defined in Article 2.61 shall enjoy the rights set forth in part m and. . Article 45. subject to paragraph 1 of the present Article. taking into account that they do not have their habitual residence in that State. The State of employment shall. 2. Article 58 1. 2. of the present Convention. subject to applicable bilateral and multilateral agreements. Project-tied workers. Article 59 1. of the present Convention. shall be entitled to the rights provided for in Part IV that can be granted to them by reason of their presence and work in the territory of the State of employment and that are compatible with their status as itinerant workers in that State. he or she shall have the right to address his or her case to the competent authorities of the State which has jurisdiction over that employer. paragraph 2 (a). the rights set forth in Part IV. as defined in Article 2. shall be entitled to the rights provided for in Part IV that can be applied to them by reason of their presence and work in the territory of the State of employment and that are compatible with their status in that State as seasonal workers. except as modified below. as it pertains to social housing schemes. Article 43. of the present Convention. paragraphs I (b) and (c). and Articles 52 to 55. paragraph 2 (A). consider granting seasonal workers who have been employed in its territory for a significant period of time the possibility of taking up other remunerated activities and giving them priority over other workers who seek admission to that State. Article 61 1. on terms provided for in Article 18. If a project-tied worker claims that the terms of his or her work contract have been violated by his or her employer. paragraph 1. paragraph 2 (of the present Convention. paragraph I (d). States of employment shall consider favourably granting frontier workers the right freely to choose their remunerated activity after a specified period of time. and members of their families shall be entitled to the rights provided for in Part IV except the provisions of Article 43. paragraph 2 (b). paragraph I (b). taking into account the fact that they are present in that State for only part of the year.

except the provisions of Article 53. paragraph I (d). . PART VI: PROMOTION OF SOUND. Article 52. except the provisions of Article 43. shall be entitled to the rights provided for in Part IV. Article 43. paragraphs I (b) and (c). of the pre sent Convention. Without prejudice to Article 79 of the present Convention. Self-employed workers. Specified-employment workers as defined in Article 2. Without prejudice to the provisions of Article 47 of the present Convention and to relevant bilateral or multilateral agreements. the States Parties concerned shall endeavour to enable project-tied workers to remain adequately protected by the social security systems of their States of origin or habitual residence during their engagement in the project. of the present Convention. as defined in Article 2. HUMANE AND LAWFUL CONDITIONS CONNECTION WITH INTERNATIONAL MIGRATION OF WORKERS AND MEMBERS OF THEIR FAMILIES Article 64 IN 1. paragraph 2 (g). 4. 2. States Parties concerned shall permit payment of the earnings of project-tied workers in their State of origin or habitual residence. shall be entitled to the rights provided for in Part IV with the exception of those rights which are exclusively applicable to workers having a contract of employment. States Parties concerned shall take appropriate measures with the aim of avoiding any denial of rights or duplication of payments in this respect. the States Parties concerned shall as appropriate consult and co-operate with a view to promoting sound. Subject to bilateral or multilateral agreements in force for them. Members of the families of specified-employment workers shall be entitled to the rights relating to family members of migrant workers provided for in Part IV of the present Convention. Without prejudice to Articles 52 and 79 of the present Convention. Article 63 1. 2. and Article 54. Article 62 1. EQUITABLE. paragraph 2 (h). as it pertains to social housing schemes.62 3. paragraph 1 (d). equitable and humane conditions in connection with international migration of workers and members of their families. the termination of the economic activity of the self-employed workers shall not in itself imply the withdrawal of the authorization for them or for the members of their families to stay or to engage in a remunerated activity in the State of employment except where the authorization of residence is expressly dependent upon the specific remunerated activity for which they were admitted.

currency. as well as to the consequences of such migration for the communities concerned. Article 66 1. consultation and co-operation with the competent authorities of other States Parties involved in such migration. 2. particularly to employers. laws and regulations relating to migration and employment. cultural and other needs of migrant workers and members of their families. States Parties shall maintain appropriate services to deal with questions concerning international migration of workers and members of their families. Their functions shall include. (c) A body established by virtue of a bilateral or multilateral agreement. (d) The provision of information and appropriate assistance to migrant workers and members of their families regarding requisite authorizations and formalities and arrangements for departure. remunerated activities. tax and other relevant laws and regulations. due regard shall be paid not only to labour needs and resources. prospective employers or persons acting on their behalf may also be permitted to undertake the said operations. but also to the social. exit and return. (c) The provision of appropriate information. (b) An exchange of information. the right to undertake operations with a view to the recruitment of workers for employment in another State shall be restricted to: (a) Public services or bodies of the State in which such operations take place. Article 65 1. approval and supervision by the public authorities of the States Parties concerned as may be established pursuant to the legislation and practice of those States. on agreements concluded with other States concerning migration and on other relevant matters.63 2. workers and their organizations on policies. economic. 2. stay. Subject to any authorization. States Parties shall facilitate as appropriate the provision of adequate consular and other services that are necessary to meet the social. Subject to paragraph 2 of the present Article. In this respect. . travel. inter alia: (a) The formulation and implementation of policies regarding such migration. agencies. as well as on conditions of work and life in the State of employment and on customs. (b) Public services or bodies of the State of employment on the basis of agreement between the States concerned. arrival. cultural and other needs of migrant workers and members of their families involved.

including States of transit. whenever appropriate. groups or entities which organize. sanctions on employers of such workers. take appropriate measures to ensure that such a situation does not persist. The measures to be taken to this end within the jurisdiction of each State concerned shall include: (a) Appropriate measures against the dissemination of misleading information relating to emigration and immigration. 2. Article 69 1. States of employment shall take all adequate and effective measures to eliminate employment in their territory of migrant workers in an irregular situation. Concerning migrant workers and members of their families in a regular situation. 2. threats or intimidation against migrant workers or members of their families in an irregular situation. States Parties concerned shall co-operate as appropriate in the adoption of measures regarding the orderly return of migrant workers and members of their families to the State of origin when they decide to return or their authorization of residence or employment expires or when they are in the State of employment in an irregular situation. States Parties concerned shall co-operate as appropriate. the duration of their stay in the States of employment and other relevant considerations. groups or entities which use violence. shall collaborate with a view to preventing and eliminating illegal or clandestine movements and employment of migrant workers in an irregular situation. including. The rights of migrant workers vis-à-vis their employer arising from employment shall not be impaired by these measures. Whenever States Parties concerned consider the possibility of regularizing the situation of such persons in accordance with applicable national legislation and bilateral or multilateral agreements. appropriate account shall be taken of the circumstances of their entry. (b) Measures to detect and eradicate illegal or clandestine movements of migrant workers and members of their families and to impose effective sanctions on persons. States Parties. in particular those relating to their family situation. (c) Measures to impose effective sanctions on persons. States Parties shall. . when there are migrant workers and members of their families within their territory in an irregular situation. operate or assist in organizing or operating such movements. with a view to promoting adequate economic conditions for their resettlement and to facilitating their durable social and cultural reintegration in the State of origin.64 Article 67 1. on terms agreed upon by those States. Article 68 1. 2.

(a) For the purpose of reviewing the application of the present Convention. (a) Members of the Committee shall be elected by secret ballot by the States Parties from a list of persons nominated by the States Parties. of ten and. 2. impartiality and recognized competence in the field covered by the Convention. States Parties shall. at the time of entry into force of the present Convention. 3. The initial election shall be held no later than six months after the date of the entry into force of the present Convention and subsequent elections every second year. As regards compensation matters relating to the death of a migrant worker or a member of his or her family.65 Article 70 States Parties shall take measures not less favourable than those applied to nationals to ensure that working and living conditions of migrant workers and members of their families in a regular situation are in keeping with the standards of fitness. PART VII: APPLICATION OF THE CONVENTION Article 72 1. after the entry into force of the Convention for the forty-first State Party. the repatriation to the State of origin of the bodies of deceased migrant workers or members of their families. At least four months before the date of each election. health and principles of human dignity. due consideration being given to equitable geographical distribution. and to the representation of the principal legal systems. (b) The Committee shall consist. provide assistance to the persons concerned with a view to the prompt settlement of such matters. whenever necessary. Each State Party may nominate one person from among its own nationals. safety. (b) Members shall be elected and shall serve in their personal capacity. there shall be established a Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (hereinafter referred to as “the Committee”). as appropriate. 2. Settlement of these matters shall be carried out on the basis of applicable national law in accordance with the provisions of the present Convention and any relevant bilateral or multilateral agreements. the Secretary-General of the United Nations shall address a letter to all States Parties inviting them to . States Parties shall facilitate. of fourteen experts of high moral standing. including both States of origin and States of employment. Article 71 1.

66 submit their nominations within two months. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee. 7. and shall submit it to the States Parties not later than one month before the date of the corresponding election. 8. privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations. the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the States Parties present and voting. 5. 3 and 4 of the present Article. Article 73 1. together with the curricula vitae of the persons thus nominated. (a) The members of the Committee shall serve for a term of four years. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated. The term of two of the additional members elected on this occasion shall expire at the end of two years. (b) The election of the four additional members of the Committee shall be held in accordance with the provisions of paragraphs 2. However. (c) The members of the Committee shall be eligible for re-election if renominated. 6. administrative and other measures they have taken to give effect to the provisions of the present Convention: . The new appointment is subject to the approval of the Committee. the State Party that nominated the expert shall appoint another expert from among its own nationals for the remaining part of the term. the names of these members shall be chosen by lot by the Chairman of the meeting of States Parties. 9. States Parties undertake to submit to the Secretary-General of the United Nations for consideration by the Committee a report on the legislative. following the entry into force of the Convention for the forty-first State Party. immediately after the first election. indicating the States Parties that have nominated them. 4. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee. the names of these five members shall be chosen by lot by the Chairman of the meeting of States Parties. Elections of members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting. The members of the Committee shall receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide. the terms of five of the members elected in the first election shall expire at the end of two years. judicial. The members of the Committee shall be entitled to the facilities. for which two thirds of the States Parties shall constitute a quorum.

written information on such matters dealt with in the present Convention as fall within the scope of their activities.67 (a) Within one year after the entry into force of the Convention for the State Party concerned. for consideration by the Committee. The Committee may invite the specialized agencies and organs of the United Nations. 2. 4. affecting the implementation of the Convention and shall include information on the characteristics of migration flows in which the State Party concerned is involved. as well as intergovernmental organizations and other concerned bodies to submit. in order to enable the Office to assist the Committee with the expertise the Office may provide regarding those matters dealt with by the present Convention that fall within the sphere of competence of the International Labour Organisation. . The Committee shall examine the reports submitted by each State Party and shall transmit such comments as it may consider appropriate to the State Party concerned. The Secretary-General of the United Nations may also. 5. in due time before the opening of each regular session of the Committee. in a consultative capacity. 3. after consultation with the Committee. (b) Thereafter every five years and whenever the Committee so requests. The Committee shall consider in its deliberations such comments and materials as the Office may provide. The International Labour Office shall be invited by the Committee to appoint representatives to participate. The Committee may invite representatives of other specialized agencies and organs of the United Nations. Article 74 1. copies of such parts of these reports as may fall within their competence. 2. The Secretary-General of the United Nations shall. This State Party may submit to the Committee observations on any comment made by the Committee in accordance with the present Article. 6. 3. in the meetings of the Committee. transmit to other specialized agencies as well as to intergovernmental organizations. The Committee may request supplementary information from States Parties when considering these reports. if any. as well as of intergovernmental organizations. transmit to the Director-General of the International Labour Office copies of the reports submitted by States Parties concerned and information relevant to the consideration of these reports. Reports prepared under the present Article shall also indicate factors and difficulties. States Parties shall make their reports widely available to the public in their own countries. 4. to be present and to be heard in its meetings whenever matters falling within their field of competence are considered. The Committee shall decide any further guidelines applicable to the content of the reports.

Communications received under this Article shall be dealt with in accordance with the following procedure: (a) If a State Party to the present Convention considers that another State Party is not fulfilling its obligations under the present Convention. the DirectorGeneral of the International Labour Office and other relevant organizations. 2. based. the Economic and Social Council. (c) The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter. in conformity with the generally recognized principles of inter- . No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. 4. by notice given to the Committee and to the other State.68 7. to the extent possible and pertinent. Within three months after the receipt of the communication the receiving State shall afford the State that sent the communication an explanation. The Committee shall elect its officers for a term of two years. Article 75 1. The Committee shall adopt its own rules of procedure. (b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication. it may. in particular. A State Party to the present Convention may at any time declare under this Article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Convention. on the examination of the reports and any observations presented by States Parties. The Committee shall present an annual report to the General Assembly of the United Nations on the implementation of the present Convention. pending or available in the matter. Article 76 1. The Committee shall normally meet annually. containing its own considerations and recommendations. either State shall have the right to refer the matter to the Committee. 3. bring the matter to the attention of that State Party. or any other statement in writing clarifying the matter which should include. reference to domestic procedures and remedies taken. The State Party may also inform the Committee of the matter. Communications under this Article may be received and considered only if submitted by a State Party that has made a declaration recognizing in regard to itself the competence of the Committee. by written communication. 8. the Commission on Human Rights of the United Nations. The meetings of the Committee shall normally be held at United Nations Headquarters. The Secretary-General of the United Nations shall transmit the annual reports of the Committee to the States Parties to the present Convention.

within twelve months after the date of receipt of notice under subparagraph (b) of the present paragraph. unless the State Party concerned has made a new declaration. set forth the relevant facts concerning the issue between the States Parties concerned. In any matter referred to it in accordance with subparagraph (b) of the present paragraph. 2. This shall not be the rule where. the Committee may call upon the States Parties concerned. shall have the right to be represented when the matter is being considered by the Committee and to make submissions orally and/or in writing. the application of the remedies is unreasonably prolonged.69 national law. referred to in subparagraph (b) of the present paragraph. In every matter. submit a report. who shall transmit copies thereof to the other States Parties. The Committee may also communicate only to the States Parties concerned any views that it may consider relevant to the issue between them. Subject to the provisions of subparagraph (c) of the present paragraph. the Committee shall confine its report to a brief statement of the facts and of the solution reached. The written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations. The Committee shall. The States Parties concerned. the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of the respect for the obligations set forth in the present Convention. The Committee shall hold closed meetings when examining communications under the present Article. Article 77 1. The provisions of the present Article shall come into force when ten States Parties to the present Convention have made a declaration under paragraph 1 of the present Article. A declaration may be withdrawn at any time by notification to the Secretary-General. to supply any relevant information. the Committee shall. in its report. the report shall be communicated to the States Parties concerned. A State Party to the present Convention may at any time declare under the present Article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction . referred to in subparagraph (b). (ii) If a solution within the terms of subparagraph (d) is not reached. as follows: (d) (e) (f ) (g) (h) (i) If a solution within the terms of subparagraph (d) of the present paragraph is reached. in the view of the Committee. Such a withdrawal shall not prejudice the consideration of any matter that is the subject of a communication already transmitted under the present Article. no further communication by any State Party shall be received under the present Article after the notification of withdrawal of the declaration has been received by the Secretary-General.

Subject to the provisions of paragraph 2 of the present Article. 4. unless the State Party has made a new declaration. no further communication by or on behalf of an individual shall be received under the present Article after the notification of withdrawal of the declaration has been received by the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter that is the subject of a communication already transmitted under the present Article. if any. 8. who shall transmit copies thereof to the other States Parties. the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to that individual. The provisions of the present Article shall come into force when ten States Parties to the present Convention have made declarations under paragraph 1 of the present Article. and is not being. (b) The individual has exhausted all available domestic remedies. 6. The Committee shall forward its views to the State Party concerned and to the individual. The Committee shall hold closed meetings when examining communications under the present Article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations. No communication shall be received by the Committee if it concerns a State Party that has not made such a declaration. Within six months. The Committee shall consider communications received under the present Article in the light of all information made available to it by or on behalf of the individual and by the State Party concerned. The Committee shall consider inadmissible any communication under the present Article which is anonymous or which it considers to be an abuse of the right of submission of such communications or to be incompatible with the provisions of the present Convention. Article 78 The provisions of Article 76 of the present Convention shall be applied without prejudice to any procedures for settling disputes or complaints in the field covered . this shall not be the rule where. examined under another procedure of international investigation or settlement. 2. the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy. A declaration may be withdrawn at any time by notification to the Secretary-General. 5. the Committee shall bring any communications submitted to it under this Article to the attention of the State Party to the present Convention that has made a declaration under paragraph 1 and is alleged to be violating any provisions of the Convention.70 who claim that their individual rights as established by the present Convention have been violated by that State Party. 7. in the view of the Committee. 3. that may have been taken by that State. The Committee shall not consider any communication from an individual under the present Article unless it has ascertained that: (a) The same matter has not been.

group or person any right to engage in any activity or perform any act that would impair any of the rights and freedoms as set forth in the present Convention. It shall not be possible to derogate by contract from rights recognized in the present Convention. States Parties shall be subject to the limitations set forth in the present Convention. PART VIII: GENERAL PROVISIONS Article 79 Nothing in the present Convention shall affect the right of each State Party to establish the criteria governing admission of migrant workers and members of their families. or in conventions adopted by. Concerning other matters related to their legal situation and treatment as migrant workers and members of their families. It shall not be permissible to exert any form of pressure upon migrant workers and members of their families with a view to their relinquishing or foregoing any of the said rights. .71 by the present Convention laid down in the constituent instruments of. the United Nations and the specialized agencies and shall not prevent the States Parties from having recourse to any procedures for settling a dispute in accordance with international agreements in force between them. Nothing in the present Convention may be interpreted as implying for any State. States Parties shall take appropriate measures to ensure that these principles are respected. Article 82 The rights of migrant workers and members of their families provided for in the present Convention may not be renounced. Nothing in the present Convention shall affect more favourable rights or freedoms granted to migrant workers and members of their families by virtue of: (a) The law or practice of a State Party. or (b) Any bilateral or multilateral treaty in force for the State Party concerned. Article 81 1. Article 80 Nothing in the present Convention shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Convention. 2.

The present Convention shall enter into force on the first day of the month following a period of three months after the date of the deposit of the twentieth instrument of ratification or accession. For each State ratifying or acceding to the present Convention after its entry into force. Article 87 1. (c) To ensure that the competent authorities shall enforce such remedies when granted. notwithstanding that the violation has been committed by persons acting in an official capacity. Instruments of ratification or accession shall be deposited with the SecretaryGeneral of the United Nations. 2. The present Convention shall be open for signature by all States. . or by any other competent authority provided for by the legal system of the State. 3. the Convention shall enter into force on the first day of the month following a period of three months after the date of the deposit of its own instrument of ratification or accession. and to develop the possibilities of judicial remedy. PART IX: FINAL PROVISIONS Article 85 The Secretary-General of the United Nations is designated as the depositary of the present Convention. The present Convention shall be open to accession by any State.72 Article 83 Each State Party to the present Convention undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy. It is subject to ratification. Article 86 1. 2. (b) To ensure that any persons seeking such a remedy shall have his or her claim reviewed and decided by competent judicial. Article 84 Each State Party undertakes to adopt the legislative and other measures that are necessary to implement the provisions of the present Convention. administrative or legislative authorities.

other States Parties still being bound by the provisions of the present Convention and any earlier amendment that they have accepted. by means of a notification in writing addressed to the Secretary-General of the United Nations. the SecretaryGeneral shall convene the conference under the auspices of the United Nations. not earlier than five years after the Convention has entered into force for the State concerned. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties in accordance with their respective constitutional processes.73 Article 88 A State ratifying or acceding to the present Convention may not exclude the application of any Part of it. In the event that within four months from the date of such communication at least one third of the States Parties favours such a conference. Any amendment adopted by a majority of the States Parties present and voting shall be submitted to the General Assembly for approval. or. The Secretary-General shall thereupon communicate any proposed amendments to the States Parties with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. Any State Party may denounce the present Convention. nor shall denunciation prejudice in any way the continued consideration of any matter which is already under consideration by the Committee prior to the date at which the denunciation becomes effective. Article 89 1. exclude any particular category of migrant workers from its application. When amendments come into force. Such a denunciation shall not have the effect of releasing the State Party from its obligations under the present Convention in regard to any act or omission which occurs prior to the date at which the denunciation becomes effective. 4. . Following the date at which the denunciation of a State Party becomes effective. they shall be binding on those States Parties that have accepted them. without prejudice to Article 3. After five years from the entry into force of the Convention a request for the revision of the Convention may be made at any time by any State Party by means of a notification in writing addressed to the Secretary-General of the United Nations. 2. 3. Article 90 1. 3. 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 the receipt of the notification by the Secretary-General of the United Nations. 2. the Committee shall not commence consideration of any new matter regarding that State.

Russian and Spanish texts are equally authentic. shall be deposited with the Secretary-General of the United Nations. French. Chinese. A reservation incompatible with the object and purpose of the present Convention shall not be permitted. 3. any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court. Article 92 1. 2. Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-General of the United Nations. Each State Party may at the time of signature or ratification of the present Convention or accession thereto declare that it does not consider itself bound by paragraph 1 of the present Article. Such notification shall take effect on the date on which it is received. of which the Arabic. have signed the present Convention. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of signature. In witness whereof the undersigned plenipotentiaries. The present Convention. Article 93 1. at the request of one of them. 3. Any State Party that has made a declaration in accordance with paragraph 2 of the present Article may at any time withdraw that declaration by notification to the Secretary-General of the United Nations. 2. 2. who shall then inform all States thereof.74 Article 91 1. The Secretary-General of the United Nations shall transmit certified copies of the present Convention to all States. being duly authorized thereto by their respective Governments. ratification or accession. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration. The other States Parties shall not be bound by that paragraph with respect to any State Party that has made such a declaration. be submitted to arbitration. English. . Any dispute between two or more States Parties concerning the interpretation or application of the present Convention that is not settled by negotiation shall.

PART TWO Texts Governing Nationality and Statelessness .

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of the nationalities . This law shall be recognised by other States in so far as it is consistent with international conventions. Without prejudice to the application of its law in matters of personal status and of any conventions in force. CANADA 6 Apr 1934. FIJI 12 Jun 1971. international custom. POLAND 15 Jun 1934. KIRIBATI 29 Nov 1983. 6. SWAZILAND 18 Sep 1970. NORWAY 16 Mar 1931. 17). BELGIUM 4 Apr 1939 (*16). 9. SWEDEN 6 Jul 1933 (*11).S. 16. UK 6 Apr 1934 CHAPTER I: GENERAL PRINCIPLES Article 1 It is for each State to determine under its own law who are its nationals. MAURITIUS 18 Jul 1969 (*6). 12 April 1930 179 L. Article 3 Subject to the provisions of the present Convention. INDIA 7Oct 1935. 10). BRAZIL 19 Sep 1931 (*5. and the principles of law generally recognised with regard to nationality. Article 2 Any question as to whether a person possesses the nationality of a particular State shall be determined in accordance with the law of that State. 16). Article 5 Within a third State. PAKISTAN 29 Jul 1953.T. 7.N. 89 AUSTRALIA 10 Nov 1937. a person having two or more nationalities may be regarded as its national by each of the States whose nationality he possesses. MONACO 27 Apr 1931. a third State shall. CHINA 14 Feb 1935 (*4). a person having more than one nationality shall be treated as if he had only one.1. NETHERLANDS 2 Apr 1937 (*8. LESOTHO 4 Nov 1974 (*6). Article 4 A State may not afford diplomatic protection to one of its nationals against a State whose nationality such person also possesses. CYPRUS 27 Mar 1970. CONVENTION ON CERTAIN QUESTIONS RELATING TO THE CONFLICT OF NATIONALITY LAWS The Hague.77 II. MALTA 16 Aug 1966 (*6.

The State whose nationality is acquired by a person to whom an expatriation permit has been issued. already possesses a nationality other than that of the State by which the permit is issued to him. CHAPTER III: NATIONALITY OF MARRIED WOMEN Article 8 If the national law of the wife causes her to lose her nationality on marriage with a foreigner. Article 6 Without prejudice to the liberty of a State to accord wider rights to renounce its nationality. shall notify such acquisition to the State which has issued the permit. such a permit shall not entail the loss of the nationality of the State which issues it. This provision shall not apply in the case of an individual who. An expatriation permit shall lapse if the holder does not acquire a new nationality within the period fixed by the State which has issued the permit.78 which any such person possesses. . or the nationality of the country with which in the circumstances he appears to be in fact most closely connected. recognise exclusively in its territory either the nationality of the country in which he is habitually and principally resident. if the conditions laid down in the law of the State whose nationality he desires to surrender are satisfied. This authorisation may not be refused in the case of a person who has his habitual and principal residence abroad. this consequence shall be conditional on her acquiring the nationality of the husband. at the time when he receives the expatriation permit. a person possessing two nationalities acquired without any voluntary act on his part may renounce one of them with the authorisation of the State whose nationality he desires to surrender. unless the person to whom it is issued possesses another nationality or unless and until he acquires another nationality. CHAPTER II: EXPATRIATION PERMITS Article 7 In so far as the law of a State provides for the issue of an expatriation permit.

this consequence shall be conditional on her acquiring her husband’s new nationality. In cases where minor children do not acquire the nationality of their parents as the result of the naturalisation of the latter. lost her nationality on marriage shall not recover it after the dissolution of the marriage except on her own application and in accordance with the law of that country. Article 13 Naturalisation of the parents shall confer on such of their children as. in any case in which on birth they acquired dual nationality. Article 11 The wife who. of the nationality of the State in which they were born. If she does recover it. she shall lose the nationality which she acquired by reason of the marriage. are minors the nationality of the State by which the naturalisation is granted. they shall retain their existing nationality. under the law of her country. Article 10 Naturalisation of the husband during marriage shall not involve a change in the nationality of the wife except with her consent. CHAPTER IV: NATIONALITY OF CHILDREN Article 12 Rules of law which confer nationality by reason of birth on the territory of a State shall not apply automatically to children born to persons enjoying diplomatic immunities in the country where the birth occurs. according to its law. In such case the law of that State may specify the conditions governing the acquisition of its nationality by the minor children as a result of the naturalisation of the parents. to become divested. by repudiation or otherwise. . provided that they retain the nationality of their parents.79 Article 9 If the national law of the wife causes her to lose her nationality upon a change in the nationality of her husband occurring during marriage. or of officials of foreign States charged with official missions by their Governments. The law of each State shall permit children of consuls de carrière.

80 Article 14 A child whose parents are both unknown shall have the nationality of the country of birth. The law of that State shall determine the conditions governing the acquisition of its nationality in such cases. this loss shall be conditional upon the acquisition by the person adopted of the nationality of the person by whom he is adopted. recognises that such nationality may be lost as a consequence of a change in the civil status of the child (legitimation. . such loss shall be conditional on the acquisition by the child of the nationality of another State under the law of such State relating to the effect upon nationality of changes in civil status. A foundling is. CHAPTER V: ADOPTION Article 17 If the law of a State recognises that its nationality may be lost as the result of adoption. recognition). until the contrary is proved. or of unknown nationality. Article 16 If the law of the State. its nationality shall be determined by the rules applicable in cases where the parentage is known. under the law of the State of which the latter is a national relating to the effect of adoption upon nationality. may obtain the nationality of the said State. a child born on the territory of that State of parents having no nationality. CHAPTER VI: GENERAL AND FINAL PROVISIONS Article 18 The High Contracting Parties agree to apply the principles and rules contained in the preceding Articles in their relations with each other. Article 15 Where the nationality of a State is not acquired automatically by reason of birth on its territory. The inclusion of the abovementioned principles and rules in the Convention shall in no way be deemed to prejudice the question whether they do or do not already form part of international law. presumed to have been born on the territory of the State in which it was found. whose nationality an illegitimate child possesses. as from the date of the entry into force of the present Convention. If the child’s parentage is established.

if all the parties to the dispute are parties to the Protocol of 16 December 1920 relating to the Statute of that Court. in accordance with the constitutional procedure of each of the parties to the dispute. the existing principles and rules of international law shall remain in force. The provisions thus excluded cannot be applied against the Contracting Party who has made the reservation nor relied on by that Party against any other Contracting Party. In case there is no such agreement in force between the parties. In the absence of agreement on the choice of another tribunal. in so far as any point is not covered by any of the provisions of the preceding Articles. Article 20 Any High Contracting Party may. the dispute shall be referred to an arbitral tribunal constituted in accordance with the Hague Convention of 18 October 1907 for the Pacific Settlement of International Conflicts. Article 19 Nothing in the present Convention shall affect the provisions of any treaty. when signing or ratifying the present Convention or acceding thereto. the dispute shall be referred to the Permanent Court of International Justice. convention or agreement in force between any of the High Contracting Parties relating to nationality or matters connected therewith.81 It is understood that. append an express reservation excluding any one or more of the provisions of Articles 1 to 17 and 21. Article 22 The present Convention shall remain open until 31 December 1930 for signature on behalf of any Member of the League of Nations or of any non-Member State invited to the First Codification Conference or to which the Council of the League of Nations has communicated a copy of the Convention for this purpose. Article 21 If there should arise between the High Contracting Parties a dispute of any kind relating to the interpretation or application of the present Convention and if such dispute cannot be satisfactorily settled by diplomacy. . and if any of the parties to the dispute is not a party to the Protocol of 16 December 1920. the dispute shall be referred to arbitration or judicial settlement. it shall be settled in accordance with any applicable agreements in force between the parties providing for the settlement of international disputes.

The Secretary-General shall give notice of the deposit of each ratification to the Members of the League of Nations and to the non-Member States mentioned in Article 22. indicating the date of its deposit. As regards any Member of the League or non-Member State on whose behalf a ratification or accession is subsequently deposited. indicating the date of the deposit of the instrument. Accession shall be effected by an instrument deposited with the Secretariat of the League of Nations. may accede thereto. Article 24 As from 1 January 1931. Article 27 As from 1 January 1936. The Secretary-General of the League of Nations shall give notice of each accession to the Members of the League of Nations and to the nonMember States mentioned in Article 22. any Member of the League of Nations and any nonMember State mentioned in Article 22 on whose behalf the Convention has not been signed before that date. any Member of the League of Nations or any non-Member State in regard to which the present Convention is then in force. A certified copy of this procès-verbal shall be sent by the Secretary-General of the League of Nations to each Member of the League of Nations and to each nonMember State mentioned in Article 22. Article 26 The present Convention shall enter into force on the 90th day after the date of the procès-verbal mentioned in Article 25 as regards all Members of the League of Nations or non-Member States on whose behalf ratifications or accessions have been deposited on the date of the procès-verbal. the Convention shall enter into force on the 90th day after the date of the deposit of a ratification or accession on its behalf. Ratifications shall be deposited with the Secretariat of the League of Nations.82 Article 23 The present Convention is subject to ratification. Article 25 A procès-verbal shall be drawn up by the Secretary-General of the League of Nations as soon as ratifications or accessions on behalf of ten Members of the League of Nations or non-Member States have been deposited. may address to the Secretary-General of the League of Nations a request for the revision of any or all .

protectorates. in accepting the present Convention. 2. overseas territories or territories under suzerainty or mandate. who shall inform all Members of the League of Nations and the non-Member States mentioned in Article 22. declare that he desires that the present Convention shall cease to apply to all or any of his colonies. and the present Convention shall not apply to any territories or to the parts of their population named in such declaration. Article 29 1. or in respect of certain parts of the population of the said territories. The High Contracting Parties agree that. at any time. protectorates. the Council of the League of Nations shall decide. he does not assume any obligations in respect of all or any of his colonies. after being communicated to the other Members of the League and non-Member States in regard to which the Convention is then in force. Any High Contracting Party may. Each denunciation shall take effect one year after the receipt by the SecretaryGeneral of the notification but only as regards the Member of the League or nonMember State on whose behalf it has been notified. or in respect of certain parts of the population of the said territories. and the Convention shall apply to all the territories or the parts of their population named in such notice six months after its receipt by the Secretary-General of the League of Nations. 3. is supported within one year by at least nine of them. and the Convention shall cease to apply to the territories or to the parts of their population named in such declaration one year after its receipt by the Secretary-General of the League of Nations. ratification or accession. declare that. Article 28 The present Convention may be denounced.83 of the provisions of this Convention. the revised Convention may provide that upon its entry into force some or all of the provisions of the present Convention shall be abrogated in respect of all of the Parties to the present Convention. . Any High Contracting Party may give notice to the Secretary-General of the League of Nations at any time subsequently that he desires that the Convention shall apply to all or any of his territories or to the parts of their population which have been made the subject of a declaration under the preceding paragraph. Any High Contracting Party may. if the present Convention is revised. after consultation with the Members of the League of Nations and the non-Member States mentioned in Article 22. If such a request. Denunciation shall be effected by a notification in writing addressed to the Secretary-General of the League of Nations. at the time of signature. overseas territories or territories under suzerainty or mandate. whether a conference should be specially convoked for that purpose or whether such revision should be considered at the next conference for the codification of international law.

] . Any High Contracting Party may make the reservations provided for in Article 20 in respect of all or any of his colonies.84 4. . [. at the time of signature. The Secretary-General of the League of Nations shall communicate to all the Members of the League of Nations and the non-Member States mentioned in Article 22 all declarations and notices received in virtue of this Article. 5. protectorates. ratification or accession to the Convention or at the time of making a notification under the second paragraph of this Article. . overseas territories or territories under suzerainty or mandate. or in respect of certain parts of the population of these territories.

append an express reservation excluding any one or more of the provisions of Articles 1 and 5. convention or agreement in force between any of the High Contracting Parties relating to nationality or matters connected therewith. FIJI 12 Jun 1972. Article 4 Any High Contracting Party may. . when signing or ratifying the present Protocol or acceding thereto. NETHERLANDS 2 Apr 1937. Article 3 Nothing in the present Protocol shall affect the provisions of any treaty. KIRIBATI 29 Nov 1983. Article 1 In a State whose nationality is not conferred by the mere fact of birth in its territory. YUGOSLAVIA 15 Dec 1959 ZIMBABWE 1 Dec 1998. The inclusion of the abovementioned principles and rules in the said Article shall in no way be deemed to prejudice the question whether they do or do not already form part of international law.S. INDIA 28 Sep 1932 (*territorial). EL SALVADOR 14 Oct 1935. It is understood that.T. PROTOCOL RELATING TO A CERTAIN CASE OF STATELESSNESS The Hague 12 April 1930 179 L. UK 14 Jan 1932. SALVADOR 14 Oct 1935. the existing principles and rules of international law shall remain in force. UNION OF SOUTH AFRICA 9 Apr 1936. CYPRUS 3 Apr 1978. CHINA 14 Feb 1935. as from the date of the entry into force of the present Protocol.2.85 II. POLAND 15 Jun 1934. SERBIA AND MONTENEGRO 12 Mar 2001. MALTA 16 Aug 1966 (*1). MALAWI 11 Jul 1967 (*1).N. PAKISTAN 29 Jul 1953. BRAZIL 19 Sep 1931. CHILE 20 Mar 1935. in so far as any point is not covered by any of the provisions of the preceding Article. LESOTHO 4 Nov 1974. Article 2 The High Contracting Parties agree to apply the principles and rules contained in the preceding Article in their relations with each other. NIGER 18 Jul 1968. JAMAICA 12 Jun 1968. 15 AUSTRALIA 8 Jul 1935. a person born in its territory of a mother possessing the nationality of that State and of a father without nationality or of unknown nationality shall have the nationality of the said State. BURMA 8 Jul 1935 (*territorial). MAURITIUS 18 Jul 1969. MACEDONIA 18 Jan 1994.

any Member of the League of Nations and any nonMember State mentioned in Article 6 on whose behalf the Protocol has not been signed before the date. In case there is no such agreement in force between the Parties. relating to the Statute of that Court. may accede thereto. if all the Parties to the dispute are Parties to the Protocol of 16 December 1920. Article 6 The present Protocol shall remain open until 31 December 1930 for signature on behalf of any Member of the League of Nations or of any non-Member State invited to the First Codification Conference or to which the Council of the League of Nations has communicated a copy of the Protocol for this purpose. for the Pacific Settlement of International Conflicts. indicating the date of the deposit of the instrument. the dispute shall be referred to an arbitral tribunal constituted in accordance with the Hague Convention of 18 October 1907. the dispute shall be referred to arbitration or judicial settlement. Ratifications shall be deposited with the Secretariat of the League of Nations. The Secretary-General shall give notice of the deposit of each ratification to the Members of the League of Nations and to the non-Member States mentioned in Article 6. Accession shall be effected by an instrument deposited with the Secretariat of the League of Nations. In the absence of agreement on the choice of another tribunal. Article 5 If there should arise between the High Contracting Parties a dispute of any kind relating to the interpretation or application of the present Protocol and if such dispute cannot be satisfactorily settled by diplomacy. in accordance with the constitutional procedure of each of the Parties to the dispute. Article 8 As from 1 January 1931. Article 7 The present Protocol is subject to ratification. it shall be settled in accordance with any applicable agreements in force between the Parties providing for the settlement of international disputes. The Secretary-General of the League of Nations shall give notice of each accession to the Members of the League of Nations and to the non-Member States mentioned in Article 6. indicating the date of its deposit. and if any of the Parties to the dispute is not a Party to the Protocol of 16 December 1920. . the dispute shall be referred to the Permanent Court of International Justice.86 The provisions thus excluded cannot be applied against the High Contracting Party who has made the reservation nor relied on by that Party against any other High Contracting Party.

the new Agreement may provide that upon its entry into force some or all of the provisions of the present Protocol shall be abrogated in respect of all of the Parties to the present Protocol. who shall inform all Members of the League of Nations and the non-Member States mentioned in Article 6. the Council of the League of Nations shall decide. . Article 10 The present Protocol shall enter into force on the 90th day after the date of the procès-verbal mentioned in Article 9 as regards all Members of the League of Nations or non-Member States on whose behalf ratifications or accessions have been deposited on the date of the procès-verbal. if the present Protocol is revised.87 Article 9 A procès-verbal shall be drawn up by the Secretary-General of the League of Nations as soon as ratifications or accessions on behalf of ten Members of the League of Nations or non-Member States have been deposited. The High Contracting Parties agree that. may address to the Secretary-General of the League of Nations a request for the revision of any or all of the provisions of this Protocol. If such a request. Each denunciation shall take effect one year after the receipt by the SecretaryGeneral of the notification but only as regards the Member of the League or nonMember State on whose behalf it has been notified. is supported within one year by at least nine of them. the Protocol shall enter into force on the 90th day after the date of the deposit of a ratification or accession on its behalf. As regards any Member of the League or non-Member State on whose behalf a ratification or accession is subsequently deposited. after consultation with the Members of the League of Nations and the non-Member States mentioned in Article 6. whether a conference should be specially convoked for that purpose or whether such revision should be considered at the next conference for the codification of international law. Article 11 As from 1 January 1936. Article 12 The present Protocol may be denounced. Denunciation shall be effected by a notification in writing addressed to the Secretary-General of the League of Nations. A certified copy of this procès-verbal shall be sent by the Secretary-General to each Member of the League of Nations and to each non-Member State mentioned in Article 6. any Member of the League of Nations or any non-Member State in regard to which the present Protocol is then in force. after being communicated to the other Members of the League and non-Member States in regard to which the Protocol is then in force.

2. Any High Contracting Party may. overseas territories or territories under suzerainty or mandate. at the time of signature. overseas territories or territories under suzerainty or mandate. or in respect of certain parts of the population of the said territories. overseas territories or territories under suzerainty or mandate. he does not assume any obligations in respect of all or any of his colonies. at the time of signature. at any time. Any High Contracting Party may make the reservations provided for in Article 4 in respect of all or any of his colonies. 3. The Secretary-General of the League of Nations shall communicate to all the Members of the League of Nations and the non-Member States mentioned in Article 6 all declarations and notices received in virtue of this Article. [. and the present Protocol shall not apply to any territories or to the parts of their population named in such declaration. Any High Contracting Party may give notice to the Secretary-General of the League of Nations at any time subsequently that he desires that the Protocol shall apply to all or any of his territories or to the parts of their population which have been made the subject of a declaration under the preceding paragraph. protectorates. or in respect of certain parts of the population of the said territories. declare that he desires that the present Protocol shall cease to apply to all or any of his colonies. . . 4. 5. or in respect of certain parts of the population of these territories. ratification or accession to the Protocol or at the time of making a notification under the second paragraph of this Article. in accepting the present Protocol. protectorates. and the Protocol shall cease to apply to the territories or to the parts of their population named in such declaration one year after its receipt by the Secretary-General of the League of Nations.] . declare that.88 Article 13 1. Any High Contracting Party may. ratification or accession. and the Protocol shall apply to all the territories or the parts of their population named in such notice six months after its receipt by the Secretary-General of the League of Nations. protectorates.

3. loses his nationality without acquiring another nationality. EL SALVADOR 14 Oct 1935 (*general). 3926 AUSTRALIA 6 Jul 1935 (*general). at the request of the State in whose territory he is: (i) if he is permanently indigent either as a result of an incurable disease or for any other reason. It is understood that. to not less than one month’s imprisonment and has either served his sentence or obtained total or partial remission thereof. as from the date of the entry into force of the present Protocol. 5447) and corrigendum. PAKISTAN 29 Jul 1935. Cmd. in the State where he is. 112 (Cmnd. the State whose nationality he last possessed is bound to admit him. BRAZIL 19 Sep 1931. Article 3 Nothing in the present Protocol shall affect the provisions of any treaty. BELGIUM 4 Apr 1939 (*territorial). if it undertakes to meet the cost of relief in the country where he is as from the thirtieth day from the date on which the request was made. INDIA 28 Sep 1932 (*13). BURMA (MYANMAR) 14 Jan 1932. after entering a foreign country. CHINA 14 Feb 1935. the existing principles and rules of international law shall remain in force. In the second case the cost of sending him back shall be borne by the country making the request. or (ii) if he has been sentenced. Article 2 The High Contracting Parties agree to apply the principles and rules contained in the preceding article in their relations with each other. ZIMBABWE 1 Dec 1998 Article 1 If a person. In the first case the State whose nationality such person last possessed may refuse to receive him. SOUTH AFRICA 9 Apr 1936. . SPECIAL PROOCOL CONCERNING STATELESSNESS The Hague 12 April 1930 UKTS 1973 No. in so far as any point is not covered by any of the provisions of the preceding article. convention or agreement in force between any of the High Contracting Parties relating to nationality or matters connected therewith. FIJI 25 May 1973. UNITED KINGDOM 14 Jan 1932 (*general).89 II. The inclusion of the above-mentioned principles and rules in the said article shall in no way be deemed to prejudice the question whether they do or do not already form part of international law.

Article 5 If there should arise between the High Contracting Parties a dispute of any kind relating to the interpretation or application of the present Protocol and if such dispute cannot be satisfactorily settled by diplomacy. the dispute shall be referred to arbitration or judicial settlement.90 Article 4 Any High Contracting Party may. relating to the Statute of that Court. the dispute shall be referred to an arbitral tribunal constituted in accordance with the Hague Convention of the 18th October. it shall be settled in accordance with any applicable agreements in force between the Parties providing for the settlement of international disputes. 1920. indicating the date of its deposit. The Secretary-General shall give notice of the deposit of each ratification to the Members of the League of Nations and to the non-Member States mentioned in Article 6. if all the Parties to the dispute are Parties to the Protocol of the 16th December. Article7 The present Protocol is subject to ratification. 1920. for signature on behalf of any Member of the League of Nations or of any non-Member State invited to the First Codification Conference or to which the Council of the League of Nations has communicated a copy of the Protocol for this purpose. In case there is no such agreement in force between the Parties. 1930. for the Pacific Settlement of International Conflicts. the dispute shall be referred to the Permanent Court of International Justice. Article 6 The present Protocol shall remain open until the 31st December. In the absence of agreement on the choice of another tribunal. when signing or ratifying the present Protocol or acceding thereto. append an express reservation excluding any one or more of the provisions of Articles 1 and 5. and if any of the Parties to the dispute is not a party to the Protocol of the 16th December. The provisions thus excluded cannot be applied against the High Contracting Party who has made the reservation nor relied on by that Party against any other High Contracting Party. . 1907. in accordance with the constitutional procedure of each of the Parties to the dispute. Ratifications shall be deposited with the Secretariat of the League of Nations. In the absence of agreement on the procedure of each of the Parties to the dispute.

if the present Protocol is revised. Accession shall be effected by an instrument deposited with the Secretariat of the League of Nations. the new Agreement may provide that upon its entry into force some or all of the provisions of the present Protocol shall be abrogated in respect of all of the parties to the present Protocol. any Member of the League of Nations or any nonMember State in regard to which the present Protocol is then in force.91 Article 8 As from the 1st January. after being communicated to the other Members of the League and non-Member States in regard to which the Protocol is then in force. If such a request. Article 9 A procès-verbal shall be drawn up by the Secretary-General of the League of Nations as soon as ratifications or accessions on behalf of ten Members of the League of Nations or non-Member States have been deposited. indicating the date of the deposit of the instrument. The High Contracting Parties agree that. The Secretary-General of the League of Nations shall give notice of each accession to the Members of the League of Nations and to the nonMember States mentioned in Article 6. any Member of the League of Nations and any nonMember State mentioned in Article 6 on whose behalf the Protocol has not been signed before that date. 1931. A certified copy of this procès-verbal mentioned in Article 9 as regards all Members of the League of Nations or non-Member States mentioned in Article 6. Article 10 The present Protocol shall enter into force on the 90th day after the date of the procès-verbal mentioned in Article 9 as regards all Members of the League of Nations or non-Member States on whose behalf ratifications or accessions have been deposited on the date of the procès-verbal. . the Council of the League of Nations shall decide. 1936. Article 11 As from the 1st January. whether a conference should be specially convoked for that purpose or whether such revision should be considered at the next conference for the codification of international law. may address to the Secretary-General of the League of Nations a request for the revision of any or all of the provisions of this Protocol. is supported within one year by at least nine of them. after consultation with the Members of the League of Nations and the non-Member States mentioned in Article 6. may accede thereto.

and the Protocol shall apply to all the territories or the parts of their population named in such notice six months after its receipt by the Secretary-General of the League of Nations. and the Protocol shall cease to apply to the territories or to the parts of their population named in such declaration one year after its receipt by the Secretary-General of the League of Nations. or in respect of certain parts of the population of the said territories: and the present Protocol shall not apply to any territories or to the parts of their population named in such declaration. Article 13 1. at any time. at the time of signature. overseas territories or territories under suzerainty or mandate. Denunciation shall be effected by a notification in writing addressed to the Secretary-General of the League of Nations. who shall inform all Members of the League of Nations and the non-Member States mentioned in Article 6. overseas territories or territories under suzerainty or mandate. protectorates. . or in respect of certain parts of the population of these territories. ratification or accession to the Protocol or at the time of making a notification under the second paragraph of this article. 5. 3. 4. but only as regards the Member of the League or nonMember State on whose behalf it has been notified. 2. overseas territories or territories under suzerainty or mandate.92 Article 12 The present Protocol may be denounced. Any High contracting Party may. protectorates. ratification or accession. in accepting the present Protocol. declare that. or in respect of certain parts of the population of the said territories. Any High Contracting Party may give notice to the Secretary-General of the League of Nations at any time subsequently that he desires that the Protocol shall apply to all or any of his territories or to the parts of their population which have been made the subject of a declaration under the preceding paragraph. Any High Contracting Party may. at the time of signature. declare that he desires that the present Protocol shall cease to apply to all or any of his colonies. he does not assume any obligations in respect of all or any of his colonies. protectorates. Each denunciation shall take effect one year after the receipt by the SecretaryGeneral of the notification. The Secretary-General of the League of Nations shall communicate to all the Members of the League of Nations and the non-Member States mentioned in Article 6 all declarations and notices received in virtue of this article. Article 14 The present protocol shall be registered by the Secretary-General of the League of Nations as soon as it has entered into force. Any High Contracting Party may make the reservations provided for in Article 4 in respect of all or any of his colonies.

117 ALGERIA 15 Jul 1964. TUNISIA 29 Jul 1969.2. ARGENTINA 1 Jun 1972 (*general). COSTA RICA 2 Nov 1977. 2. 31). 3). 2. For the purpose of this Convention. MADAGASCAR 20 Feb 1962 (*denounced from 2 Apr 1966). 28. 9. NORWAY 19 Nov 1956. LIBERIA 11 Sep 1964. 26. the term “stateless person” means a person who is not considered as a national by any State under the operation of its law. COLOMBIA signed 30 Dec 1954. 3).4. ZAMBIA 1 Nov 1974 (*22(1). 9.3)). KOREA (SOUTH) 22 Aug 1962. DENMARK 17 Jan 1956 (*24(1. BOTSWANA 25 Feb 1969 (*7(2). AZERBAIJAN 16 Aug 1996. EL SALVADOR signed 28 Sep 1954 (*general). 25(1. 25(1. SWEDEN 2 Apr 1965 (*8. FINLAND 10 Oct 1968 (*7(2). 25(1. 18). KIRIBATI 29 Nov 1983 (*8. 24. (ii) To persons who are recognized by the competent authorities of the country in which they have taken residence as having the rights and obligations which are attached to the possession of the nationality of that country. UNITED KINGDOM 16 Apr 1959 (*8. 24(1b). MACEDONIA (FORMER YUGOSLAV REPUBLIC OF) 18 Jan 1994. 31). 28 September 1954 by a Conference of Plenipotentiaries convened by Economic and Social Council Resolution 526 A(XVII) of 26 April 1954 360 U. BARBADOS 6 Mar 1972 (*23. HONDURAS signed 28 Sep 1954 (*general). general). LIECHTENSTEIN signed 28 Sep 1954. SWITZERLAND 3 Jul 1972. 31). 25. 31). 28. BRAZIL 13 Aug 1996. (iii) To persons with respect to whom there are serious reasons for considering that: . 31). 12(1). ARMENIA 18 May 1994. UGANDA 14 Apr 1965. CONVENTION RELATING TO THE STATUS OF STATELESS PERSONS Adopted New York. SPAIN 12 May 1997 (*29(1)). 24. FRANCE 8 Mar 1960 (*10(2)). HOLY SEE signed 28 Sep 1954 (*general). IRELAND 17 Dec 1962 (*29(1).3). 24(1b. SLOVENIA 6 Jul 1992. 9. ITALY 3 Dec 1962 (*17. 2. AUSTRALIA 13 Dec 1973. 25. NETHERLANDS 12 Apr 1962 (*8. 36. ISRAEL 23 Dec 1958.S. 27). 31(1)). BELGIUM 27 May 1960. 24(1b). 25(2)). 25. GUATEMALA signed 28 Sep 1954 (*general). FIJI 12 Jun 1972 (*8. TRINIDAD & TOBAGO 11 Apr 1966. 26).T.N. 25(1. 24(1b. PHILIPPINES signed 22 Jun 1955 (*17(1). GUINEA 21 Mar 1962. 8. GREECE 4 Nov 1975.3)). ANTIGUA AND BARBUDA 25 Oct 1988 (*23. territorial). GERMANY 26 Oct 1976 (*23. Bolivia 6 Oct 1983. 3). LESOTHO 4 Nov 1974 (*8. 12(1).93 II. LIBYA 16 May 1989. BOSNIA & HERZEGOVINA 1 Sep 1993. 31) CHAPTER I: GENERAL PROVISIONS ARTICLE 1 Definition of the term “stateless person” 1.2.3). CROATIA 12 Oct 1992. ECUADOR 2 Oct 1970. 31). This Convention shall not apply: (i) To persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance so long as they are receiving such protection or assistance.

ARTICLE 6 The term “in the same circumstances” For the purpose of this Convention. (c) They have been guilty of acts contrary to the purposes and principles of the United Nations. ARTICLE 5 Rights granted apart from this Convention Nothing in this Convention shall be deemed to impair any rights and benefits granted by a Contracting State to stateless persons apart from this Convention. religion or country of origin. ARTICLE 4 Religion The Contracting States shall accord to stateless persons within their territories treatment at least as favourable as that accorded to their nationals with respect to freedom to practise their religion and freedom as regards the religious education of their children. as defined in the international instruments drawn up to make provisions in respect of such crimes. a war crime. (b) They have committed a serious non-political crime outside the country of their residence prior to their admission to that country. ARTICLE 3 Non-discrimination The Contracting States shall apply the provisions of this Convention to stateless persons without discrimination as to race. or a crime against humanity. ARTICLE 2 General obligations Every stateless person has duties to the country in which he finds himself.94 (a) They have committed a crime against peace. the term “ in the same circumstances” implies that any requirements (including requirements as to length and conditions of sojourn . which require in particular that he conform to its laws and regulations as well as to measures taken for the maintenance of public order.

are prevented from applying the general principle expressed in this article shall. in the absence of reciprocity. rights and benefits beyond those to which they are entitled according to paragraphs 2 and 3. in appropriate cases. ARTICLE 7 Exemption from reciprocity 1. 18. in the absence of reciprocity. Each Contracting State shall continue to accord to stateless persons the rights and benefits to which they were already entitled. The provisions of paragraphs 2 and 3 apply both to the rights and benefits referred to in articles 13. property or interests of nationals or former nationals of a foreign State. 4. 5. a Contracting State shall accord to stateless persons the same treatment as is accorded to aliens generally. with the exception of requirements which by their nature a stateless person is incapable of fulfilling.95 or residence) which the particular individual would have to fulfil for the enjoyment of the right in question. . After a period of three years’ residence. at the date of entry into force of this Convention for that State. in time of war or other grave and exceptional circumstances. Except where this Convention contains more favourable provisions. if he were not a stateless person. ARTICLE 8 Exemption from exceptional measures With regard to exceptional measures which may be taken against the person. 2. from taking provisionally measures which it considers to be essential to the national security in the case of a particular person. under their legislation. 19. and to extending exemption from reciprocity to stateless persons who do not fulfil the conditions provided for in paragraphs 2 and 3. must be fulfilled by him. the Contracting States shall not apply such measures to a stateless person solely on account of his having previously possessed the nationality of the foreign State in question. all stateless persons shall enjoy exemption from legislative reciprocity in the territory of the Contracting States. 3. ARTICLE 9 Provisional measures Nothing in this Convention shall prevent a Contracting State. Contracting States which. grant exemptions in favour of such stateless persons. 21 and 22 of this Convention and to rights and benefits for which this Convention does not provide. The Contracting States shall consider favourably the possibility of according to stateless persons.

the period of such enforced sojourn shall be considered to have been lawful residence within that territory. if this be necessary. Where a stateless person has been forcibly displaced during the Second World War from the territory of a Contracting State and has. returned there for the purpose of taking up residence. ARTICLE 10 Continuity of residence 1. provided that the right in question is one which would have been recognized by the law of that State had he not become stateless. CHAPTER II: JURIDICAL STATUS ARTICLE 12 Personal status 1. the period of residence before and after such enforced displacement shall be regarded as one uninterrupted period for any purposes for which uninterrupted residence is required. The personal status of a stateless person shall be governed by the law of the country of his domicile or. if he has no domicile. by the law of the country of his residence. Where a stateless person has been forcibly displaced during the Second World War and removed to the territory of a Contracting State. shall be respected by a Contracting State. subject to compliance. ARTICLE 11 Stateless seamen In the case of stateless persons regularly serving as crew members on board a ship flying the flag of a Contracting State. with the formalities required by the law of that State.96 pending a determination by the Contracting State that that person is in fact a stateless person and that the continuance of such measures is necessary in his case in the interests of national security. . Rights previously acquired by a stateless person and dependent on personal status. 2. 2. prior to the date of entry into force of this Convention. more particularly rights attaching to marriage. and is resident there. that State shall give sympathetic consideration to their establishment on its territory and the issue of travel documents to them or their temporary admission to its territory particularly with a view to facilitating their establishment in another country.

. and of rights in literary. ARTICLE 16 Access to courts 1. a stateless person shall be accorded in the country in which he has his habitual residence the same protection as is accorded to nationals of that country. artistic and scientific works. A stateless person shall have free access to the courts of law on the territory of all Contracting States. 2. designs or models. and to leases and other contracts relating to movable and immovable property. not less favourable than that accorded to aliens generally in the same circumstances. A stateless person shall enjoy in the Contracting State in which he has his habitual residence the same treatment as a national in matters pertaining to access to the courts. In the territory of any other Contracting State. trade marks. and in any event. in any event. including legal assistance and exemption from cautio judicatum solvi. A stateless person shall be accorded in the matters referred to in paragraph 2 in countries other than that in which he has his habitual residence the treatment granted to a national of the country of his habitual residence. such as inventions. ARTICLE 15 Right of association As regards non-political and non-profit-making associations and trade unions the Contracting States shall accord to stateless persons lawfully staying in their territory treatment as favourable as possible.97 ARTICLE 13 Movable and immovable property The Contracting States shall accord to a stateless person treatment as favourable as possible and. he shall be accorded the same protection as is accorded in that territory to nationals of the country in which he has his habitual residence. not less favourable than that accorded to aliens generally in the same circumstances. trade names. 3. ARTICLE 14 Artistic rights and industrial property In respect of the protection of industrial property. as regards the acquisition of movable and immovable property and other rights pertaining thereto.

which applies to the population at large and regulates the general distribution of products in short supply. CHAPTER IV: WELFARE ARTICLE 20 Rationing Where a rationing system exists. in any event. in any event. as regards the right to engage on his own account in agriculture. not less favourable than that accorded to aliens generally in the same circumstances. handicrafts and commerce and to establish commercial and industrial companies. . industry. The Contracting States shall give sympathetic consideration to assimilating the rights of all stateless persons with regard to wage-earning employment to those of nationals. in any event. 2. ARTICLE 19 Liberal professions Each Contracting State shall accord to stateless persons lawfully staying in their territory who hold diplomas recognized by the competent authorities of that State. ARTICLE 18 Self-employment The Contracting States shall accord to a stateless person lawfully in their territory treatment as favourable as possible and. treatment as favourable as possible and. stateless persons shall be accorded the same treatment as nationals. and who are desirous of practising a liberal profession. and in particular of those stateless persons who have entered their territory pursuant to programmes of labour recruitment or under immigration schemes. not less favourable than that accorded to aliens generally in the same circumstances. not less favourable that that accorded to aliens generally in the same circumstances.98 CHAPTER III: GAINFUL EMPLOYMENT ARTICLE 17 Wage-earning employment 1. The Contracting States shall accord to stateless persons lawfully staying in their territory treatment as favourable as possible and. as regards the right to engage in wage-earning employment.

as regards access to studies. ARTICLE 22 Public education 1. The Contracting States shall accord to stateless persons treatment as favourable as possible and. restrictions on home work. not less favourable than that accorded to aliens generally in the same circumstances. holidays with pay. The Contracting States shall accord to stateless persons the same treatment as is accorded to nationals with respect to elementary education. apprenticeship and training. hours of work. and the enjoyment of the benefits of collective bargaining. the Contracting States. minimum age of employment.99 ARTICLE 21 Housing As regards housing. women’s work and the work of young persons. in any event. not less favourable than that accorded to aliens generally in the same circumstances. The Contracting States shall accord to stateless persons lawfully staying in their territory the same treatment as is accorded to nationals in respect of the following matters: (a) In so far as such matters are governed by laws or regulations or are subject to the control of administrative authorities. remuneration. ARTICLE 24 Labour legislation and social security 1. the recognition of foreign school certificates. diplomas and degrees. the remission of fees and charges and the award of scholarships. ARTICLE 23 Public relief The Contracting States shall accord to stateless persons lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals. including family allowances where these form part of remuneration. with respect to education other than elementary education and. . 2. in so far as the matter is regulated by laws or regulations or is subject to the control of public authorities. in particular. shall accord to stateless persons lawfully staying in their territory treatment as favourable as possible and. in any event. overtime arrangements.

the Contracting State in whose territory he is residing shall arrange that such assistance be afforded to him by their own authorities. subject only to the conditions which apply to nationals of the States signatory to the agreements in question. is covered by a social security scheme). Documents or certifications so delivered shall stand in the stead of the official instruments delivered to aliens by or through their national authorities and shall be given credence in the absence of proof to the contrary.100 (b) Social security (legal provisions in respect of employment injury. unemployment. 3. or which may be concluded between them in the future. disability. concerning the maintenance of acquired rights and rights in the process of acquisition in regard to social security. death. The right to compensation for the death of a stateless person resulting from employment injury or from occupational disease shall not be affected by the fact that the residence of the beneficiary is outside the territory of the Contracting State. maternity. (ii) National laws or regulations of the country of residence may prescribe special arrangements concerning benefits or portions of benefits which are payable wholly out of public funds. subject to the following limitations: (i) There may be appropriate arrangements for the maintenance of acquired rights and rights in course of acquisition. The authority or authorities mentioned in paragraph I shall deliver or cause to be delivered under their supervision to stateless persons such documents or certifications as would normally be delivered to aliens by or through their national authorities. 3. 2. and concerning allowances paid to persons who do not fulfil the contribution conditions prescribed for the award of a normal pension. according to national laws or regulations. CHAPTER V: ADMINISTRATIVE MEASURES ARTICLE 25 Administrative assistance 1. 4. . The Contracting States shall extend to stateless persons the benefits of agreements concluded between them. When the exercise of a right by a stateless person would normally require the assistance of authorities of a foreign country to whom he cannot have recourse. family responsibilities and any other contingency which. sickness. The Contracting States will give sympathetic consideration to extending to stateless persons so far as possible the benefits of similar agreements which may at any time be in force between such Contracting States and non-contracting States. old age. 2. occupational diseases.

fees may be charged for the services mentioned herein. ARTICLE 28 Travel documents The Contracting States shall issue to stateless persons lawfully staying in their territory travel documents for the purpose of travel outside their territory. ARTICLE 27 Identity papers The Contracting States shall issue identity papers to any stateless person in their territory who does not possess a valid travel document. The Contracting States shall not impose upon stateless persons duties. Nothing in the above paragraph shall prevent the application to stateless persons of the laws and regulations concerning charges in respect of the issue to aliens of administrative documents including identity papers. other or higher than those which are or may be levied on their nationals in similar situations. . of any description whatsoever. The provisions of this article shall be without prejudice to articles 27 and 28. they shall in particular give sympathetic consideration to the issue of such a travel document to stateless persons in their territory who are unable to obtain a travel document from the country of their lawful residence.101 4. ARTICLE 29 Fiscal charges 1. subject to any regulations applicable to aliens generally in the same circumstances. Subject to such exceptional treatment as may be granted to indigent persons. The Contracting States may issue such a travel document to any other stateless person in their territory. ARTICLE 26 Freedom of movement Each Contracting State shall accord to stateless persons lawfully in its territory the right to choose their place of residence and to move freely within its territory. and the provisions of the schedule to this Convention shall apply with respect to such documents. 2. but such fees shall be moderate and commensurate with those charged to nationals for similar services. charges or taxes. 5. unless compelling reasons of national security or public order otherwise require.

The Contracting States shall not expel a stateless person lawfully in their territory save on grounds of national security or public order. the stateless person shall be allowed to submit evidence to clear himself. in conformity with its laws and regulations. 3. A Contracting State shall. Except where compelling reasons of national security otherwise require. . They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings. The Contracting States reserve the right to apply during that period such internal measures as they may deem necessary. The Contracting States shall allow such a stateless person a reasonable period within which to seek legal admission into another country. 2. and to appeal to and be represented for the purpose before competent authority or a person or persons specially designated by the competent authority. permit stateless persons to transfer assets which they have brought into its territory. The expulsion of such a stateless person shall be only in pursuance of a decision reached in accordance with due process of law. ARTICLE 31 Expulsion 1. A Contracting State shall give sympathetic consideration to the application of stateless persons for permission to transfer assets wherever they may be and which are necessary for their resettlement in another country to which they have been admitted. to another country where they have been admitted for the purposes of resettlement.102 ARTICLE 30 Transfer of assets 1. ARTICLE 32 Naturalization The Contracting States shall as far as possible facilitate the assimilation and naturalization of stateless persons. 2.

and (c) Any State to which an invitation to sign or to accede may be addressed by the General Assembly of the United Nations. This Convention shall be open for signature at the Headquarters of the United Nations until 31 December 1955. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. which cannot be settled by other means. declare that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. ratification or accession. 4. shall be referred to the International Court of Justice at the request of any one of the parties to the dispute. Such a declaration shall take effect when the Convention enters into force for the State concerned. 2.103 CHAPTER VI: FINAL CLAUSES ARTICLE 33 Information on national legislation The Contracting States shall communicate to the Secretary-General of the United Nations the laws and regulations which they may adopt to ensure the application of this Convention. It shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations. ratification and accession 1. ARTICLE 35 Signature. at the time of signature. (b) Any other State invited to attend the United Nations Conference on the Status of Stateless Persons. . ARTICLE 34 Settlement of disputes Any dispute between Parties to this Convention relating to its interpretation or application. It shall be open for signature on behalf of: (a) Any State Member of the United Nations. Any State may. ARTICLE 36 Territorial application clause 1. It shall be open for accession by the States referred to in paragraph 2 of this article. 3.

3. any State may make reservations to articles of the Convention other than to articles 1. At any time thereafter any such extension shall be made by notification addressed to the Secretary-General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notification. Any State making a reservation in accordance with paragraph I of this article may at any time withdraw the reservation by a communication to that effect addressed to the Secretary-General of the United Nations. at the request of any other Contracting State transmitted through the Secretary-General of the United Nations. the Federal Government shall bring such articles with a favourable recommendation to the notice of the appropriate authorities of States. (c) A Federal State Party to this Convention shall. ARTICLE 38 Reservations 1. subject. At the time of signature. or as from the date of entry into force of the Convention for the State concerned. . ratification or accession. 4. provinces or cantons which are not. ratification or accession. 3. the following provisions shall apply (a) With respect to those articles of this Convention that come within the legislative jurisdiction of the federal legislative authority. the obligations of the Federal Government shall to this extent be the same as those of Parties which are not Federal States. With respect to those territories to which this Convention is not extended at the time of signature. to the consent of the Governments of such territories. 16 (1) and 33 to 42 inclusive. bound to take legislative action. supply a statement of the law and practice of the Federation and its constituent units in regard to any particular provision of the Convention showing the extent to which effect has been given to that provision by legislative or other action. (b) With respect to those articles of this Convention that come within the legislative jurisdiction of constituent States. 2. provinces or cantons at the earliest possible moment. ARTICLE 37 Federal clause In the case of a Federal or non-unitary State.104 2. where necessary for constitutional reasons. whichever is the later. under the constitutional system of the Federation. each State concerned shall consider the possibility of taking the necessary steps in order to extend the application of this Convention to such territories.

For each State ratifying or acceding to the Convention after the deposit of the sixth instrument of ratification or accession. Any State which has made a declaration or notification under article 36 may. to be taken in respect of such request. 3. if any. . declare that the Convention shall cease to extend to such territory one year after the date of receipt of the notification by the Secretary-General. ratifications and accessions in accordance with article 35. the Convention shall enter into force on the ninetieth day following the date of deposit by such State of its instrument of ratification or accession. ARTICLE 40 Denunciation 1. at any time thereafter. 2. Any Contracting State may request revision of this Convention at any time by a notification addressed to the Secretary-General of the United Nations. (b) Of declarations and notifications in accordance with article 36. Any Contracting State may denounce this Convention at any time by a notification addressed to the Secretary-General of the United Nations. ARTICLE 42 Notifications by the Secretary-General of the United Nations The Secretary-General of the United Nations shall inform all Members of the United Nations and non-member States referred to in article 35: (a) Of signatures. 2. This Convention shall come into force on the ninetieth day following the day of deposit of the sixth instrument of ratification or accession. Such denunciation shall take effect for the Contracting State concerned one year from the date upon which it is received by the Secretary-General of the United Nations. The General Assembly of the United Nations shall recommend the steps. 2. by a notification to the Secretary-General of the United Nations. (c) Of reservations and withdrawals in accordance with article 38. ARTICLE 41 Revision 1.105 ARTICLE 39 Entry into force 1.

] . (f ) Of request for revision in accordance with article 41. . (e) Of denunciations and notifications in accordance with article 40.106 (d) Of the date on which this Convention will come into force in accordance with article 39. [. .

BULGARIA 22 Jun 1960. PORTUGAL signed 21 Feb 1957. IRELAND 25 Nov 1957. GERMANY 7 Feb 1974. FIJI 12 Jun 1972. UNITED KINGDOM 28 Aug 1957 (*denounced on 24 Dec 1981. ARGENTINA 10 Oct 1963(*7. NETHERLANDS 8 Aug 1966 (*denounced 16 Jan 1992. DENMARK 22 Jun 1959. AZERBAIJAN 16 Aug 1996. NEW ZEALAND 17 Dec 1958 (*territorial). AUSTRALIA 14 Mar 1961 (*territorial). ECUADOR 29 Mar 1960. COLOMBIA signed 20 Feb 1957. SAINT LUCIA 14 Oct 1991. PAKISTAN signed 10 Apr 1958. SIERRA LEONE 13Mar 1962. CAMBODIA signed 11 Nov 2001. NORWAY 20 May 1958. MALAWI 8 Sep 1966. TANZANIA 28 Nov 1962. SLOVENIA 6 Jul 1992. with effect from 24 Dec 1982). RUSSIA 17 Sep 1958. SWAZILAND 18 Sep 1970.CZECH REPUBLIC 22 Feb 1993. ZIMBABWE 1 Dec 1998 Article 1 Each Contracting State agrees that neither the celebration nor the dissolution of a marriage between one of its nationals and an alien. . SWEDEN 13 May 1958. HUNGARY 3 Dec 1959. KRYGYSTAN 10 Feb 1997. CONVENTION ON THE NATIONALITY OF MARRIED WOMEN Opened for signature pursuant to General Assembly resolution 1040 (XI) of 29 January 1957 309 U.T. JAMAICA 30 Jul 1964. ANTIGUA & BARBUDA 25 Oct 1988. SOUTH AFRICA signed 29 Jan 1993. TUNISIA 24 Jan 1968 (*10). AUSTRIA 19 Jan 1968. ISRAEL 7 Jun 1957. MALAYSIA 24 Feb 1959. ZAMBIA 22 Jan 1975. MACEDONIA (FORMER YUGOSLAV REPUBLIC) 20 Apr 1994. 65 ALBANIA 27 Jul 1960.S. GUATEMALA 13 Jul 1960 (*10). DOMINICAN REPUBLIC 10 Oct 1957. SLOVAKIA 28 May 1993. SINGAPORE 18 Mar 1966. GHANA 15 Aug 1966. Article 2 Each Contracting State agrees that neither the voluntary acquisition of the nationality of another State nor the renunciation of its nationality by one of its nationals shall prevent the retention of its nationality by the wife of such national. MEXICO 4 Apr 1979. MALTA 7 Jun 1967. URUGUAY signed 20 Feb 1957 (*3). BOSNIA & HERZEGOVINA 1 Sep 1993. LIBYA 16 May 1989. UGANDA 15 Apr 1965. ICELAND 18 Oct 1977. BELARUS 23 Dec 1958. VENEZUELA 31 Mar 1983. with effect from 16 Jan 1993)). CANADA 21 Oct 1959. MAURITIUS 18 Jul 1969. TRINIDAD & TOBAGO 11 Apr 1966. ROMANIA 2 Dec 1960. CHILE signed 18 Mar 1957 (*10). JORDAN 1 Jul 1992. INDIA signed 15 May 1957 (*10).5. BAHAMAS 10 Jun 1976. FINLAND 15 May 1968. CUBA 5 Dec 1957. MALI 2 Feb 1973. CYPRUS 26 Apr 1971. GUINEA signed 19 Mar 1975. KAZAKHSTAN 28 Mar 2000. LATVIA 14 Apr 1992. POLAND 3 Jul 1959. BARBADOS 26 Oct 1979. SRI LANKA 30 May 1958.N. LESOTHO 4 Nov 1974. UKRAINE 3 Dec 1958. nor the change of nationality by the husband during marriage. shall automatically affect the nationality of the wife. REPUBLIC OF CHINA 22 Sep1958.l0). ST VINCENT & THE GRENADINES 27 Apr 1999. CROATIA 12 Oct 1992.107 II. BRAZIL 4 Dec 1968 (*10). BELGIUM signed 15 May 1972. CÔTE D’IVOIRE 1 Nov 1999. ARMENIA 18 May 1994. NICARAGUA 9 Jan 1986. LUXEMBOURG 22 Jul 1977.

Article 7 1. acquire her husband’s nationality as a matter of right. or which is or hereafter becomes a Party to the Statute of the International Court of Justice. at her request. Each Contracting State agrees that the alien wife of one of its nationals may. subject to the provisions of paragraph 2 of the present article. at the time of signature. The present Convention shall be open for signature and ratification on behalf of any State Member of the United Nations and also on behalf of any other State which is or hereafter becomes a member of any specialized agency of the United Nations. The present Convention shall apply to all non-self-governing. Article 5 1. The present Convention shall be open for accession to all States referred to in paragraph I of article 4. trust. Article 6 1.108 Article 3 1. ratification . the grant of such nationality may be subject to such limitations as may be imposed in the interests of national security or public policy. 2. The present Convention shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations. 2. the Contracting State concerned shall. 2. The present Convention shall come into force on the ninetieth day following the date of deposit of the sixth instrument of ratification or accession. colonial and other non-metropolitan territories for the international relations of which any Contracting State is responsible. the Convention shall enter into force on the ninetieth day after deposit by such State of its instrument of ratification or accession. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. Each Contracting State agrees that the present Convention shall not be construed as affecting any legislation or judicial practice by which the alien wife of one of its nationals may. at her request. 2. For each State ratifying or acceding to the Convention after the deposit of the sixth instrument of ratification or accession. acquire the nationality of her husband through specially privileged naturalization procedures. Article 4 1. or any other State to which an invitation has been addressed by the General Assembly of the United Nations.

within ninety days from the date of the communication by the Secretary-General. The present Convention shall apply to the territory or territories named in such notification from the date of its receipt by the Secretary-General. This notification must be made. the Convention shall not be deemed to be in effect as between the State making the notification and the State making the reservation. any State may make reservations to any article of the present Convention other than articles 1 and 2. After the expiry of the twelve-month period mentioned in paragraph 2 of the present article. 3. Any State Party to the Convention or which thereafter becomes a Party may notify the Secretary-General that it does not agree to consider itself bound by the Convention with respect to the State making the reservation. shall have effect as between the reserving State and the other Parties. and. in whole or in part. 3. by a notification to this effect addressed to the Secretary-General of the United Nations.109 or accession declare the non-metropolitan territory or territories to which the Convention shall apply ipso facto as a result of such signature. the Contracting States concerned shall inform the Secretary-General of the results of the consultations with those non-metropolitan territories for whose international relations they are responsible and whose consent to the application of the present Convention may have been withheld. ratification or accession. Such notification shall take effect on the date on which it is received. with the exception of those provisions to which the reservation relates. 2. that Contracting State shall endeavour to secure the needed consent of the non-metropolitan territory within the period of twelve months from the date of signature of the Convention by that Contracting State. after it has been accepted. . for the purpose of nationality. the Convention. ratification or accession. In any case in which. At the time of signature. Article 8 1. The Secretary-General of the United Nations shall communicate the text of the reservation to all States which are or may become Parties to the Convention. If any State makes a reservation in accordance with paragraph 1 of the present article. In the event that such a notification is made. and when such consent has been obtained the Contracting State shall notify the Secretary-General of the United Nations. in the case of a State subsequently becoming a Party. Any State making a reservation in accordance with paragraph 1 of the present article may at any time withdraw the reservation. 2. a non-metropolitan territory is not treated as one with the metropolitan territory. or in any case in which the previous consent of a non-metropolitan territory is required by the constitutional laws or practices of the Contracting State or of the non-metropolitan territory for the application of the Convention to that territory. in the case of a State already a Party. within ninety days from the date when the instrument of ratification or accession is deposited.

English. (f ) Abrogation in accordance with paragraph 2 of article 9. 2. The present Convention. shall be deposited in the archives of the United Nations. (c) The date upon which the present Convention enters into force in accordance with article 6. 2. .110 Article 9 1. French. Article 11 The Secretary-General of the United Nations shall notify all States Members of the United Nations and the non-member States contemplated in paragraph 1 of article 4 of the present Convention of the following: (a) Signatures and instruments of ratification received in accordance with article 4. The present Convention shall cease to be in force as from the date when the denunciation which reduces the number of Parties to less than six becomes effective. Article 12 1. be referred to the International Court of Justice for decision. Any Contracting State may denounce the present Convention by written notification to the Secretary-General of the United Nations. Article 10 Any dispute which may arise between any two or more Contracting States concerning the interpretation or application of the present Convention which is not settled by negotiation. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General. Russian and Spanish texts shall be equally authentic. (d) Communications and notifications received in accordance with article 8. shall. unless the parties agree to another mode of settlement. at the request of any one of the parties to the dispute. (e) Notifications of denunciation received in accordance with paragraph 1 of article 9. The Secretary-General of the United Nations shall transmit a certified copy of the Convention to all States Members of the United Nations and to the non-member States contemplated in paragraph 1 of article 4. of which the Chinese. (b) Instruments of accession received in accordance with article 5.

CANADA 17 Jul 1978.T. GERMANY 31 Aug 1977 (1(1). SLOVAKIA 3 Apr 2000. NIGER 17 Jun 1985 (*11. ISRAEL signed 30 Aug 1961. LATVIA 14 Apr 1992. however. 11. A Contracting State which provides for the grant of its nationality in accordance with subparagraph (b) of this paragraph may also provide for the grant of its nationality by operation of law at such age and subject to such conditions as may be prescribed by the national law. no such application may be rejected. A Contracting State may make the grant of its nationality in accordance with subparagraph (b) of paragraph I of this article subject to one or more of the following conditions: (a) That the application is lodged during a period. 15 (territorial)). URUGUAY 21 Sep 2001 Article 1 1. NETHERLANDS 13 May 1985. 11. fixed by the Contracting State. so. GUATEMALA 19 Jul 2001. 14) UNITED KINGDOM 29 Mar 1966 (*8(3a). (c) That the person concerned has neither been convicted of an offence against national security nor has been sentenced to imprisonment for a term of five years or more on a criminal charge. KIRIBATI 29 Nov 1983. BOLIVIA 6 Oct 1983. (b) That the person concerned has habitually resided in the territory of the Contracting State for such period as may be fixed by that State.6. FRANCE signed 31 May 1962 (*8(3). that the person concerned shall be allowed at least one year during which he may himself make the application without having to obtain legal authorization to do so. 15 (territorial)). CZECH REPUBLIC 19 Dec 2001. 2. 175 ARMENIA 18 May 1994. . A Contracting State shall grant its nationality to a person born in its territory who would otherwise be stateless.111 II. by operation of law. 14. IRELAND 18 Jan 1973 (*8(3)). SWEDEN 19 Feb 1969. in the manner prescribed by the national law. 14. not exceeding five years immediately preceding the lodging of the application nor ten years in all. *general). COSTA RICA 22 Nov 1977. BOSNIA & HERZEGOVINA 13 Dec 1996. by or on behalf of the person concerned. (d) That the person concerned has always been stateless. AUSTRALIA 13 Dec 1973. DENMARK 11 Jul 1977. LIBYA 16 May 1989. TUNISIA 12 May 2000 (*8(3). SWAZILAND 16 Nov 1999. NORWAY 11 Aug 1971. Such nationality shall be granted: (a) At birth. DOMINICAN REPUBLIC signed 5 Dec 1961. or (b) Upon an application being lodged with the appropriate authority. AUSTRIA 22 Sep 1972 (*8(3a)). AZERBAIJAN 16 Aug 1996. beginning not later than at the age of eighteen years and ending not earlier than at the age of twenty-one years. CHAD 12 Aug 1999.S. Subject to the provisions of paragraph 2 of this article. CONVENTION ON THE REDUCTION OF STATELESSNESS Adopted on 30 August 1961 by a conference of plenipotentiaries which met in 1959 and reconvened in 1961 in pursuance of General Assembly resolution 896 (IX) of 4 December 1954 989 U. 15).N.

a child born in wedlock in the territory of a Contracting State. who would otherwise be stateless. Article 4 1. being not less than twenty-three years. If his parents did not possess the same nationality at the time of his birth. Article 3 For the purpose of determining the obligations of Contracting States under this Convention. as may be fixed by that State. in the absence of proof to the contrary. fixed by the Contracting State. 5. if the nationality of one of his parents at the time of the person’s birth was that of the Contracting State first above-mentioned. If application for such nationality is required. If his . (c) That the person concerned has always been stateless. such application shall not be refused. whose mother has the nationality of that State. shall acquire at birth that nationality if it otherwise would be stateless. if the nationality of one of his parents at the time of the person’s birth was that of that State. birth on a ship or in an aircraft shall be deemed to have taken place in the territory of the State whose flag the ship flies or in the territory of the State in which the aircraft is registered. The Contracting State may make the grant of its nationality in accordance with the provisions of paragraph 4 of this article subject to one or more of the following conditions: (a) That the application is lodged before the applicant reaches an age. be considered to have been born within that territory of parents possessing the nationality of that State. Notwithstanding the provisions of paragraphs I (b) and 2 of this article. A Contracting State shall grant its nationality to a person who would otherwise be stateless and who is unable to acquire the nationality of the Contracting State in whose territory he was born because he has passed the age for lodging his application or has not fulfilled the required residence conditions. not born in the territory of a Contracting State.112 3. as the case may be. Article 2 A foundling found in the territory of a Contracting State shall. not exceeding three years. the application shall be made to the appropriate authority by or on behalf of the applicant in the manner prescribed by the national law. the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State. Subject to the provisions of paragraph 5 of this article. (b) That the person concerned has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application. 4. A Contracting State shall grant its nationality to a person.

no such application may be rejected. by operation of law. a child born out of wedlock loses the nationality of that State in consequence of a recognition of affiliation. such loss shall be conditional upon possession or acquisition of another nationality. or (b) Upon an application being lodged with the appropriate authority. legitimation. the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State. not exceeding three years. Nationality granted in accordance with the provisions of this paragraph shall be granted: (a) At birth. Article 5 1. fixed by the Contracting State. recognition or adoption. under the law of a Contracting State. . If. being not less than twenty-three years. by or on behalf of the person concerned. Subject to the provisions of paragraph 2 of this article. as may be fixed by that State. he shall be given an opportunity to recover that nationality by written application to the appropriate authority. Article 6 If the law of a Contracting State provides for loss of its nationality by a person’s spouse or children as a consequence of that person losing or being deprived of that nationality. termination of marriage. in the manner prescribed by the national law. (c) That the person concerned has not been convicted of an offence against national security. 2. If the law of a Contracting State entails loss of nationality as a consequence of any change in the personal status of a person such as marriage. (d) That the person concerned has always been stateless. and the conditions governing such application shall not be more rigorous than those laid down in paragraph 2 of article I of this Convention. A Contracting State may make the grant of its nationality in accordance with the provisions of paragraph I of this article subject to one or more of the following conditions: (a) That the application is lodged before the applicant reaches an age. (b) That the person concerned has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application.113 parents did not possess the same nationality at the time of his birth. 2. such loss shall be conditional upon their possession or acquisition of another nationality.

(b) The provisions of subparagraph (a) of this paragraph shall not apply where their application would be inconsistent with the principles stated in articles 13 and 14 of the Universal Declaration of Human Rights approved on 10 December 1948 by the General Assembly of the United Nations. the law of that State may make the retention of its nationality after the expiry of one year from his attaining his majority conditional upon residence at that time in the territory of the State or registration with the appropriate authority. notwithstanding that such loss is not expressly prohibited by any other provision of this Convention. it is permissible that a person should lose his nationality. a person shall not lose the nationality of a Contracting State. 2. if at the time of signature. a person may be deprived of the nationality of a Contracting State: (a) In the circumstances in which. Notwithstanding the provisions of paragraph I of this article. under paragraphs 4 and 5 of article 7. ratification or accession it specifies its retention of such right on one or more of the following grounds. (b) Where the nationality has been obtained by misrepresentation or fraud. being grounds existing in its national law at that time: . so as to become stateless. a national of a Contracting State shall not lose his nationality. 3. 2. 4. Notwithstanding the provisions of paragraph 1 of this article. Subject to the provisions of paragraphs 4 and 5 of this article. In the case of a national of a Contracting State. Article 8 1. specified by the law of the Contracting State concerned if he fails to declare to the appropriate authority his intention to retain his nationality. on the ground of departure. 6. A naturalized person may lose his nationality on account of residence abroad for a period. residence abroad. if such loss would render him stateless. failure to register or on any similar ground.114 Article 7 1. such renunciation shall not result in loss of nationality unless the person concerned possesses or acquires another nationality. born outside its territory. A national of a Contracting State who seeks naturalization in a foreign country shall not lose his nationality unless he acquires or has been accorded assurance of acquiring the nationality of that foreign country. Except in the circumstances mentioned in this article. 3. (a) If the law of a Contracting State entails loss or renunciation of nationality. 5. not less than seven consecutive years. A Contracting State shall not deprive a person of his nationality if such deprivation would render him stateless. a Contracting State may retain the right to deprive a person of his nationality.

A Contracting State shall not exercise a power of deprivation permitted by paragraphs 2 or 3 of this article except in accordance with law. as soon as may be after the deposit of the sixth instrument of ratification or accession. ethnic. of allegiance to another State. grant its nationality at birth by operation of law. In the absence of such provisions a Contracting State to which territory is transferred or which otherwise acquires territory shall confer its nationality on such persons as would otherwise become stateless as a result of the transfer or acquisition. or made a formal declaration. (b) That the person has taken an oath.115 (a) That. Article 10 1. in disregard of an express prohibition by the Contracting State rendered or continued to render services to. or received or continued to receive emoluments from. Article 9 A Contracting State may not deprive any person or group of persons of their nationality on racial. the provisions of paragraph I of article I or of article 4. religious or political grounds. . 4. which shall provide for the person concerned the right to a fair hearing by a court or other independent body. Every treaty between Contracting States providing for the transfer of territory shall include provisions designed to secure that no person shall become stateless as a result of the transfer. In relation to a Contracting State which does not. in accordance with the provisions of paragraph I of article I or of article 4 of this Convention. the person: (i) Has. another State. shall apply to persons born before as well as to persons born after the entry into force of this Convention. or (ii) Has conducted himself in a manner seriously prejudicial to the vital interests of the State. as the case may be. Article 12 1. or given definite evidence of his determination to repudiate his allegiance to the Contracting State. inconsistently with his duty of loyalty to the Contracting State. Article 11 The Contracting States shall promote the establishment within the framework of the United Nations. A Contracting State shall use its best endeavours to secure that any such treaty made by it with a State which is not a Party to this Convention includes such provisions. 2. of a body to which a person claiming the benefit of this Convention may apply for the examination of his claim and for assistance in presenting it to the appropriate authority.

3. or may be contained in any other convention. ratification or accession. treaty or agreement now or hereafter in force between two or more Contracting States. The provisions of paragraph 4 of article I of this Convention shall apply to persons born before as well as to persons born after its entry into force. Article 14 Any dispute between Contracting States concerning the interpretation or application of this Convention which cannot be settled by other means shall be submitted to the International Court of Justice at the request of any one of the parties to the dispute. colonial and other non-metropolitan territories for the international relations of which any Contracting State is responsible. Article 13 This Convention shall not be construed as affecting any provisions more conducive to the reduction of statelessness which may be contained in the law of any Contracting State now or hereafter in force. or in any case in which the previous con sent of a non-metropolitan territory is required by the constitutional laws or practices of the Contracting State or of the non-metropolitan territory for the application of the Convention to that territory. for the purpose of nationality. at the time of signature. ratification or accession. a non-metropolitan territory is not treated as one with the metropolitan territory. This Convention shall apply to all non-self-governing. declare the non-metropolitan territory or territories to which the Convention shall apply ipso facto as a result of such signature. the Contracting State concerned shall. the Contracting States concerned shall inform the Secretary-General of the results of the consultations with those non-metropolitan territories for whose international relations they are responsible and whose consent to the application of this Convention may have been withheld. trust. Article 15 1. 3.116 2. The provisions of article 2 of this Convention shall apply only to foundlings found in the territory of a Contracting State after the entry into force of the Convention for that State. that Contracting State shall endeavour to secure the needed consent of the non-metropolitan territory within the period of twelve months from the date of signature of the Convention by that Contracting State. 2. This Convention shall apply to the territory or territories named in such notification from the date of its receipt by the Secretary-General. In any case in which. subject to the provisions of paragraph 2 of this article. and when such consent has been obtained the Contracting State shall notify the Secretary General of the United Nations. . After the expiry of the twelve-month period mentioned in paragraph 2 of this article.

Any Contracting State may denounce this Convention at any time by a written notification addressed to the Secretary-General of the United Nations. in accordance with the provisions of article 15. In cases where. This Convention shall be open for signature on behalf of: (a) Any State Member of the United Nations. At the time of signature. Such denunciation shall take effect for the Contracting State concerned one year after the date of its receipt by the Secretary-General. it shall enter into force on the ninetieth day after the deposit by such State of its instrument of ratification or accession or on the date on which this Convention enters into force in accordance with the provisions of paragraph I of this article. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. ratification or accession any State may make a reservation in respect of articles 11. whichever is the later. Article 19 1. This Convention shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations. 3. The denunciation shall take effect one year . No other reservations to this Convention shall be admissible. This Convention shall be open for signature at the Headquarters of the United Nations from 30 August 1961 to 31 May 1962. 2. 4. This Convention shall enter into force two years after the date of the deposit of the sixth instrument of ratification or accession. This Convention shall be open for accession by the States referred to in paragraph 2 of this article. 2. 2. 2. with the consent of the territory concerned. 14 or 15. Article 17 1. For each State ratifying or acceding to this Convention after the deposit of the sixth instrument of ratification or accession. (b) Any other State invited to attend the United Nations Conference on the Elimination or Reduction of Future Statelessness. (c) Any State to which an invitation to sign or to accede may be addressed by the General Assembly of the United Nations. this Convention has become applicable to a non-metropolitan territory of a Contracting State. Article 18 1. give notice to the Secretary-General of the United-Nations denouncing this Convention separately in respect to that territory.117 Article 16 1. that State may at any time thereafter.

The Secretary-General of the United Nations shall. bring to the attention of the General Assembly the question of the establishment. Article 20 1. who shall notify all other Contracting States of such notice and the date of receipt thereof. after the deposit of the sixth instrument of ratification or accession at the latest.118 after the date of the receipt of such notice by the Secretary-General. Article 21 This Convention shall be registered by the Secretary-General of the United Nations on the date of its entry into force. The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States referred to in article 16 of the following particulars: (a) Signatures. (b) Reservations under article 17. of such a body as therein mentioned. 2. (c) The date upon which this Convention enters into force in pursuance of article 18. (d) Denunciations under article 19. . in accordance with article 11. ratifications and accessions under article 16.

by means of naturalisation.7. . the law of that Contracting Party whose nationality the minor possessed shall determine from which of his parents he shall derive his nationality. shall likewise lose their former nationality in the event of the acquisition ipso jure of the nationality of another Contracting Party upon and by reason of the naturalisation or the exercise of an option or the recovery of nationality by their father and mother. general) CHAPTER I: REDUCTION OF CASES OF MULTIPLE NATIONALITY Article 1 1. UNITED KINGDOM 7 July 1971 (*7(1). SWEDEN 29 May 2002 (*7(1)). Nationals of the Contracting Parties who are of full age and who acquire of their own free will. NORWAY 26 Nov 1969.119 II. ITALY 27 Feb 1968 (*1. 2. They shall not be authorised to retain their former nationality.t.n. DENMARK 16 Nov 1972. option or recovery. Minor children. FRANCE 26 Jan 1965 (*8).t. However. PORTUGAL signed 23 Feb 1979. BELGIUM 18 Jun 1991. They shall not be authorised to retain their former nationality. 6 May 1963 634 u. 8).s. In so far as concerns the loss of nationality as provided for in the present article. In the latter case. other than those who are or have been married. 8).s. the age of majority and minority and the conditions of capacity and representation shall be determined by the law of the Contracting Party whose nationality the person concerned possesses. Where only one parent loses his former nationality. the nationality of another Party shall lose their former nationality. Nationals of the Contracting Parties who are minors and acquire by the same means the nationality of another Party shall also lose their former nationality if. without prejudice to the provisions of the law of each of the Contracting Parties concerning the recovery of nationality. 6. GERMANY 17 Nov 1969 (*8. general). the said law may make the loss of his nationality subject to the prior consent of the other parent or the guardian to his acquiring the new nationality. IRELAND 16 Mar 1973 (*7). CONVENTION ON THE REDUCTION OF CASES OF MULTIPLE NATIONALITY Strasbourg. 43 AUSTRIA 31 Jul 1975 (*5. 3. they have been duly empowered or represented. 221. SPAIN 16 July 1987 (*7). 4. 9(1). LUXEMBOURG 11 Oct 1971. where their national law provides for the loss of nationality in such cases. the Party of which the minor referred to in the foregoing paragraph possessed the nationality may lay down special conditions on which they may recover that nationality of their own free will after attaining their majority. e. NETHERLANDS 9 May 1985 (*9).

Consent may likewise not be withheld by the Contracting Party in the case of minors who fulfil the conditions stipulated in the preceding paragraph. Persons possessing the nationality of two or more Contracting Parties shall be required to fulfil their military obligations in relation to one of those Parties only. 3. Article 3 The Contracting Party whose nationality a person desires to renounce shall not require the payment of any special tax or charge in the event of such renunciation. provided that their national law allows them to give up their nationality by means of a simple declaration and provided also that they have been duly empowered or represented. 2. for the past ten years. 2. with the consent of the Contracting Party whose nationality he desires to renounce. The age of majority and minority and the conditions for being empowered or represented shall be determined by the law of the Contracting Party whose nationality the person in question desires to renounce. The modes of application of paragraph 1 may be determined by special agreements between any of the Contracting Parties. convention or agreement between two or more of the Contracting Parties. A person who possesses the nationality of two or more Contracting Parties may renounce one or more of these nationalities. provided that the said person has.120 Article 2 1. Article 4 Nothing in the provisions of this Convention shall preclude the application of any provision more likely to limit the occurrence of multiple nationality whether embodied or subsequently introduced into either the municipal law of any Contracting Party or any other treaty. had his ordinary residence outside the territory of that Party and also provided that he has his ordinary residence in the territory of the Party whose nationality he intends to retain. CHAPTER II: MILITARY OBLIGATIONS IN CASES OF MULTIPLE NATIONALITY Article 5 1. Such consent may not be withheld by the Contracting Party whose nationality a person of full age possesses ipso jure. .

at the time of ratification. CHAPTER III: APPLICATION OF THE CONVENTION Article 7 1. the obligations arising under this article shall not be binding upon that Party. or may be. A person who. in any respect. to submit himself to military obligations as a volunteer in relation to any other Party of which he is also a national for a total and effective period at least equal to that of the active military service required by the former Party. in accordance with the rules laid down in paragraphs 1 and 2. Any such person shall be subject to military obligations in relation to the Party in whose territory he is ordinarily resident. has. A person who is ordinarily resident in the territory of a Contracting Party of which he is not a national or in that of a State which is not a Party may choose to perform his military service in the territory of any Contracting Party of which he is a national. shall be deemed to have fulfilled the same obligations in relation to any other Party or Parties of which he is also a national. It is however understood that each Contracting Party may declare. has performed his active military service in relation to one of the Contracting Parties of which he is a national. as prescribed by the law of that Party.121 Article 6 Except where a special agreement which has been. Nevertheless. 6. A person who. before the entry into force of this Convention between the Parties of which he is a national. In the event of mobilisation by any Party. acceptance or accession. 4. that it will apply the provisions of Chapter II only. shall be liable to military service in the reserve only in relation to the latter Party. the nationality of the persons concerned. 2. 5. in conformity with paragraph 1. In this case the provisions of Chapter I shall not be applicable in relation to that Party. and subsequently transfers his ordinary residence to the territory of the other Party of which he is a national. fulfilled his military obligations in accordance with the law of that Party. shall be deemed to have fulfilled his military obligations in relation to any other Party or Parties of which he is also a national. Each Contracting Party shall apply the provisions of Chapters I and II. up to the age of 19 years. . the following provisions are applicable to a person possessing the nationality of two or more Contracting Parties: 1. 3. he shall be free to choose. shall fulfil his military obligations in relation to one Party. concluded provides otherwise. in relation to one of those Parties. The application of this article shall not prejudice. 7. A person who.

when signing this Convention or depositing its instrument of ratification. which shall become effective as from the date of its receipt. define the term “nationals” and specify the “territories” to which the present Convention shall be applicable. 2. This notification shall become effective as from the date of its receipt. it may. and the provisions of Chapter I shall thereupon become applicable in relation to that Party. or for which it is empowered to contract. at the time of signing or at the time of depositing its instrument of ratification. or at any subsequent time. notify the Secretary General of the Council of Europe that it is applying the provisions of Chapter I as well. Any declaration made in accordance with this article may. Any Contracting Party may. CHAPTER IV: FINAL CLAUSES Article 8 1. 2. if its reservation is partial or conditional claim the application of that provision in so far as it has itself accepted it. acceptance or accession. in respect of the nationals and territories mentioned in such declaration. 2. Any Contracting Party may wholly or partly withdraw a reservation it has made in accordance with the foregoing paragraph by means of a notification addressed to the Secretary General of the Council of Europe. Article 9 1. In this case the provisions of Chapter II shall not be applicable between the Party making such a declaration and a Party applying the second sub-paragraph of paragraph 1. be withdrawn according to the procedure laid down in Article 12 of this Convention. declare that it avails itself of one or more of the reservations provided for in the Annex to the present Convention. however. by a declaration made to the Secretary General of the Council of Europe on signature or on depositing its instrument of ratification. A Contracting Party which has made a reservation in respect of any provision of the Convention in accordance with this article may not claim application of the said provision by another Party. with regard to States and territories for which it assumes international responsibility. Any Contracting Party may. .122 It may. 3. Each Contracting Party which has applied the provisions of the first sub-paragraph of paragraph 1 of this article may declare. No other reservation shall be permitted. acceptance or accession. at any subsequent time. acceptance or accession that it will apply the provisions of Chapter II only in regard to Contracting Parties which are applying the provisions of Chapters I and II.

the withdrawal of any reservation in accordance with Article 8. denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe. any signature and any deposit of instruments of ratification. The Convention shall come into force in respect of any State acceding thereto one month after the date of deposit of its instrument of accession. This Convention shall enter into force one month after the date of deposit of the second instrument of ratification or acceptance. all dates of entry into force of the Convention in accordance with Articles 10 and 11 thereof. paragraph 2. and of Article 12 and the date on which denunciation takes effect. . Article 11 1. It shall be subject to ratification or acceptance. b.] . any reservation made in accordance with Article 8. any declaration or notification received in accordance with the provisions of Article 7 and Article 9. . d. in so far as it is concerned. Any State so invited may accede by depositing its instrument of accession with the Secretary General of the Council. 3. Article 12 1. After this Convention has come into force the Committee of Ministers of the Council of Europe may unanimously decide to invite any State which is not a Member of the Council to accede to it. 2. any notification received in pursuance of the provisions of Article 9. In respect of a signatory State ratifying or accepting subsequently. the Convention shall come into force one month after the date of deposit of its instrument of ratification or acceptance. paragraph 1. f. This Convention shall remain in force indefinitely. 2. acceptance or accession. Article 13 The Secretary General of the Council of Europe shall notify the member States of the Council and the government of any State which has acceded to this Convention of: a. paragraph 2.123 Article 10 1. This Convention shall be open to signature by the member States of the Council of Europe. c. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe. 2. paragraph 1. e. Any Contracting Party may. [. Such denunciation shall take effect one year after the date of receipt by the Secretary General of such notification. 3.

except where. such person is exempted by the competent authority from the condition of ordinary residence abroad. . to make the loss of nationality referred to in Article 1. not to regard a declaration made by a woman with a view to acquiring her husband’s nationality by virtue and at the time of marriage as an option within the meaning of Article 1. to allow any of its nationals to retain his previous nationality if a Contracting Party for whose nationality he applies in the manner referred to in Article 1 gives its prior consent thereto. 3. subject to the condition that the person concerned already ordinarily resides or at some time takes up his ordinary residence outside its territory.124 ANNEX Any Contracting Party may declare that it reserves the right: 1. 4. 2 and 3. not to apply the provisions of Articles 1 and 2 when the wife of one of its nationals has acquired another nationality while her husband retains the nationality of such Party. paragraphs 1. in the case of acquisition of a foreign nationality of his own free will. 2.

8. FRANCE signed 30 Jul 1984 (*1). NETHERLANDS 9 May 1985 (*3. have accepted the provisions of Chapter I of the Convention.S. FIRST ADDITIONAL PROTOCOL TO THE CONVENTION ON THE REDUCTION OF CASES OF MULTIPLE NATIONALITY Strasbourg 24 November 1977 E. The authorities of the State issuing the communication may decline to complete the information relating to item 4 of the form. LUXEMBOURG 20 Sep 1979 (*3). Article 2 1. Article 3 Any Contracting Party on signature or on depositing its instrument of ratification. 96 BELGIUM 18 Jun 1991.T. Article 4 This Protocol shall be open to signature by the member States of the Council of Europe which are Parties to the Convention and which. 2. .125 II. which has taken place according to the conditions contained in Article 1 of the Convention. This communication is to be made by means of a form according to the appended model within a delay of not more than six months from the date the acquisition of nationality has become effective. approval or accession shall indicate by means of a declaration addressed to the Secretary General of the Council of Europe the central authority which has been designated to receive this transmission. territorial). GERMANY signed 24 Nov 1977. NORWAY 16 Sep 1983 (*3) Article 1 Each Contracting Party undertakes to communicate to another Contracting Party any acquisition of its nationality by an adult or a minor who is a national of this State. The Secretary General of the Council shall produce the necessary translations and communicate them to the governments of the member States of the Council and States acceding to the Convention. acceptance. if they are Parties to the Protocol amending the Convention. The information printed on the form shall be drafted in all the languages of the member States of the Council of Europe and in the languages of non-member States adhering to the Convention.

acceptance or approval. the Contracting Parties to the Convention may become Parties to the Additional Protocol by: a. followed by ratification. Any State which is not a member of the Council of Europe invited to accede to the Convention shall be considered as having been invited also to accede to this Protocol. which shall come into force one month after the date of deposit. acceptance or approval. Such denunciations shall take effect one year after the date of receipt by the Secretary General of such notification. b. or who shall ratify. accepts the provisions of Chapter I of the Convention. Instruments of ratification. 3. it accepts the provisions of Chapter I of the Convention. . acceptance or approval. when acceding to the Protocol amending the Convention. any State which acceded to the Convention may accede to this Protocol provided that such State. After this Protocol has entered into force. 3. Article 6 1. Article 8 1. signature without reservation in respect of ratification. signature with reservation in respect of ratification. 2. acceptance or approval shall be deposited with the Secretary General of the Council of Europe. accept or approve it. 2.126 Article 5 1. 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. Any such State may accede by depositing with the Secretary General of the Council of Europe its instrument of accession. Denunciation of the Convention implies ipso jure the denunciation of this Protocol. This Protocol shall enter into force one month after the date on which two Contracting Parties to the Convention shall have become Parties to this Protocol in accordance with the provisions of Article 5. 2. in so far as it is concerned. when it accedes to the Protocol amending the Convention. Subject to the provisions of Article 4. As regards any Contracting Party to the Convention who shall subsequently sign this Protocol without reservation in respect of ratification. Any Contracting Party may. provided that. 2. acceptance or approval. acceptance or approval. denounce this Protocol by means of a notification addressed to the Secretary General of the Council of Europe. Article 7 1.

all dates of entry into force of this Protocol in accordance with Articles 6 and 7 thereof. . c. acceptance or approval. acceptance or approval. approval or accession. acceptance. any declaration received in pursuance of the provisions of Article 3. f. any signature without reservation of ratification. any notification received in pursuance of the provisions of Article 8 and the date on which denunciation takes effect. d. any signature with reservation of ratification. e. b. the deposit of any instrument of ratification.127 Article 9 The Secretary General of the Council of Europe shall notify the member States of the Council and the governments of any State which has acceded to the Convention of: a.

in its original form. in cases of marriage between nationals of different Contracting Parties. or . 2 and 5 above. In relations between States Parties to the Convention applying the provisions of Chapter I thereof. In relations between States Parties to the Convention applying the provisions of Chapter I thereof and which are also Parties to this Protocol. where the States concerned are also Parties to the Protocol of 24 November 1977 amending the Convention.T. Notwithstanding the provisions of paragraph 2 above. and States Parties to the Convention applying the provisions of Chapter I thereof without being Parties to this Protocol. SECOND PROTOCOL AMENDING THE CONVENTION ON THE REDUCTION OF CASES OF MULTIPLE NATIONALITY Strasbourg 2 February 1993 E. as modified by the said Protocol and this Protocol. or b. where applicable. retains the nationality of origin. ITALY 27 Jan 1995. Parties to this Protocol. who acquires of his or her own free will the nationality of the other spouse. where a national of a Contracting Party acquires the nationality of another Contracting Party on whose territory either he was born and is resident.” Article 2 The provisions of Article 4 of the Convention shall not apply to matters covered by this Protocol. 7. 2 above. 2.9. Chapter I of the Convention shall be applicable: a. when a national of a Contracting Party who is a minor and whose parents are nationals of different Contracting Parties acquires the nationality of one of his parents. Chapter I of the Convention shall be applicable: a. 6. where applicable. NETHERLANDS 19 Jul 1996 (*territorial) Article 1 In Article 1 of the Convention three new paragraphs are added as follows: 5. as modified by this Protocol. or has been ordinarily resident for a period of time beginning before the age of 18. Notwithstanding the provisions of paragraphs 1 and. each of these Parties may provide that he retains the nationality of origin. 149 FRANCE 23 Feb 1995. Article 3 1. each of these Parties may provide that the spouse.S.128 II. Notwithstanding the provisions of paragraphs 1 and. each of these Parties may provide that he retains the nationality of origin. where applicable.

signature with reservation in respect of ratification. 2. have expressed their consent to be bound by this Protocol in accordance with the provisions of Article 4. In respect of any acceding State. acceptance or approval. signature without reservation in respect of ratification. acceptance or approval. the Protocol shall enter into force one month after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe. acceptance or approval. where the States concerned are also Parties to the Protocol of 24 November 1977 amending the Convention. followed by ratification. which may express their consent to be bound by: a. This Protocol shall be open to signature by the member States of the Council of Europe signatories to the Convention. No member State of the Council of Europe shall sign without reservation as to ratification. Article 6 1. Any State which is not a member of the Council of Europe invited to accede to the Convention shall be considered as having been invited also to accede to this Protocol. In respect of any other member State which subsequently expresses its consent to be bound by it. as modified by the said Protocol. any State which acceded to the Convention may accede to this Protocol provided that such State has accepted the provisions of Chapter I of the Convention. Contracting States to the Convention. or deposit an instrument of ratification. provided that it has accepted the provisions of Chapter I of this Convention. Article 4 1. Instruments of ratification. This Protocol shall enter into force one month after the date on which two member States of the Council of Europe. Article 5 1.129 b. . acceptance or approval. 3. acceptance or approval. this Protocol shall enter into force one month after the date of signature or the deposit of the instrument of ratification. acceptance or approval shall be deposited with the Secretary General of the Council of Europe. b. 3. After this Protocol has entered into force. 2. acceptance or approval. 2. unless it is already or becomes simultaneously a Contracting State to the Convention and under the condition that it applies the provisions of Chapter I of that Convention.

Article 8 No reservation may be made in respect of the provisions of this Protocol. any signature of this Protocol. 2. b. approval or accession. acceptance. any notification received in pursuance of the provisions of Article 7 and the date on which denunciation takes effect. c. 3. d. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary General. at any time. Article 9 The Secretary General of the Council of Europe shall notify the member States of the Council and the governments of any State which has acceded or has been invited to accede to the Convention of: a. the deposit of any instrument of ratification. Denunciation of the Convention implies ipso jure the denunciation of this Protocol.130 Article 7 1. denounce this Protocol by means of a notification addressed to the Secretary General of the Council of Europe. Any Party may. . any date of entry into force of this Protocol in accordance with Articles 5 and 6 thereof.

“multiple nationality” means the simultaneous possession of two or more nationalities by the same person. 21. LATVIA signed 30 May 2001. DENMARK 24 Jul 2004 (*12. 29). majority is attained earlier. 7. 30 Nov 1999. UKRAINE signed 1 Jul 2003 CHAPTER I: GENERAL MATTERS ARTICLE 1 Object of the Convention This Convention establishes principles and rules relating to the nationality of natural persons and rules regulating military obligations in cases of multiple nationality. ROMANIA 20 Jan 2005 (*6. 6 November 1997 E. under the law applicable to the child. SWEDEN 26 Jun 2001 (*22). to which the internal law of States Parties shall conform. 22). SWITZERLAND 28 Jun 2001. 21. “internal law” means all types of provisions of the national legal system. CZECH REPUBLIC 19 Mar 2004. 25). legislation. 17. 22). 7. decrees. 30). GREECE signed 6 Nov 1997. . 12. customary rules and practice as well as rules deriving from binding international instruments. d. ICELAND 26 Mar 2001. SLOVAKIA 25 May 1998 (*22). POLAND signed 24 Apr 1999. BOSNIA & HERZEGOVINA signed Jan 1998.T. 22). “nationality” means the legal bond between a person and a State and does not indicate the person’s ethnic origin. 8. including the constitution. ARMENIA 17 Sep 1998.131 II. ARTICLE 2 Definitions For the purpose of this Convention: a. MALTA signed 29 Oct 2003. PORTUGAL 15 Oct 2001. AUSTRIA 17 Sep 1998 (*6. GERMANY 11 May 2005 (*10. NETHERLANDS 23 Mar 2001 (*7. regulations. HUNGARY 21 Nov 2001 (*11. EUROPEAN CONVENTION ON NATIONALITY Strasbourg. ITALY signed 6 Nov 1997. b. RUSSIA signed 6 Nov 1997. case-law. 7. MOLDOVA 30 Nov 1999 (*6. 8. 8. FRANCE signed 4 Jul 2000. 166 ALBANIA 11 Feb 2004 (*22). “child” means every person below the age of 18 years unless. 22). 22).S. BULGARIA signed 19 Jan 2005. FINLAND signed 6 Nov 1997.10. MACEDONIA (FORMER YUGOSLAV REPUBLIC OF) 3 Jun 2003 (*22. c. NORWAY signed 6 Nov 1997. 22.

d. b. ARTICLE 5 Non-discrimination 1. 2. Each State Party shall provide in its internal law for its nationality to be acquired ex lege by the following persons: . c. Each State shall determine under its own law who are its nationals. everyone has the right to a nationality. shall automatically affect the nationality of the other spouse. ARTICLE 4 Principles The rules on nationality of each State Party shall be based on the following principles: a. customary international law and the principles of law generally recognised with regard to nationality. CHAPTER III: RULES RELATING TO NATIONALITY ARTICLE 6 Acquisition of nationality 1.132 CHAPTER II : GENERAL PRINCIPLES RELATING TO NATIONALITY ARTICLE 3 Competence of the State 1. 2. neither marriage nor the dissolution of a marriage between a national of a State Party and an alien. This law shall be accepted by other States in so far as it is consistent with applicable international conventions. nor the change of nationality by one of the spouses during marriage. colour or national or ethnic origin. race. no one shall be arbitrarily deprived of his or her nationality. statelessness shall be avoided. Each State Party shall be guided by the principle of non-discrimination between its nationals. whether they are nationals by birth or have acquired its nationality subsequently. The rules of a State Party on nationality shall not contain distinctions or include any practice which amount to discrimination on the grounds of sex. religion.

c. paragraph 1. f. children one of whose parents possesses. stateless persons and recognised refugees lawfully and habitually resident on its territory. that period to be determined by the internal law of the State Party concerned. children adopted by one of its nationals. at birth ex lege. g. A State Party may not provide in its internal law for the loss of its nationality ex lege or at the initiative of the State Party except in the following cases: a. spouses of its nationals. acquisition of the nationality of the State Party by means of fraudulent conduct. Such an application may be made subject to the lawful and habitual residence on its territory for a period not exceeding five years immediately preceding the lodging of the application. in the manner prescribed by the internal law of the State Party. With respect to children whose parenthood is established by recognition. children one of whose parents acquires or has acquired its nationality. e. by or on behalf of the child concerned. Each State Party shall facilitate in its internal law the acquisition of its nationality for the following persons: a. voluntary acquisition of another nationality. or b. sub-paragraph a. ARTICLE 7 Loss of nationality ex lege or at the initiative of a State Party 1. to children who remained stateless. upon an application being lodged with the appropriate authority. b. false information or concealment of any relevant fact attributable to the applicant. foundlings found in its territory who would otherwise be stateless. persons who are lawfully and habitually resident on its territory for a period of time beginning before the age of 18. Each State Party shall provide in its internal law for its nationality to be acquired by children born on its territory who do not acquire at birth another nationality. subject to any exceptions which may be provided for by its internal law as regards children born abroad. . at the time of the birth of these children. 2. Each State Party shall provide in its internal law for the possibility of naturalisation of persons lawfully and habitually resident on its territory. it shall not provide for a period of residence exceeding ten years before the lodging of an application. Such nationality shall be granted: a. each State Party may provide that the child acquires its nationality following the procedure determined by its internal law. the nationality of that State Party. persons who were born on its territory and reside there lawfully and habitually. falling under the exception of Article 6. In establishing the conditions for naturalisation. court order or similar procedures. 4. b. 3. d. b.133 a. subsequently. children of one of its nationals.

However. A State Party may provide for the loss of its nationality by children whose parents lose that nationality except in cases covered by sub-paragraphs c and d of paragraph 1. retention. d. g. 2.134 c. a State Party may provide in its internal law that renunciation may be effected only by nationals who are habitually resident abroad. with the exception of the cases mentioned in paragraph 1. where it is established during the minority of a child that the preconditions laid down by internal law which led to the ex lege acquisition of the nationality of the State Party are no longer fulfilled. lack of a genuine link between the State Party and a national habitually residing abroad. adoption of a child if the child acquires or possesses the foreign nationality of one or both of the adopting parents. Each State Party shall permit the renunciation of its nationality provided the persons concerned do not thereby become stateless. in the cases and under the conditions provided for by its internal law. voluntary service in a foreign military force. conduct seriously prejudicial to the vital interests of the State Party. However. ARTICLE 9 Recovery of nationality Each State Party shall facilitate. of this article. f. subparagraph b. . the recovery of its nationality by former nationals who are lawfully and habitually resident on its territory. recovery or certification of its nationality be processed within a reasonable time. A State Party may not provide in its internal law for the loss of its nationality under paragraphs 1 and 2 of this article if the person concerned would thereby become stateless. CHAPTER IV: PROCEDURES RELATING TO NATIONALITY ARTICLE 10 Processing of applications Each State Party shall ensure that applications relating to the acquisition. loss. ARTICLE 8 Loss of nationality at the initiative of the individual 1. 2. 3. e. children shall not lose that nationality if one of their parents retains it.

Each State Party shall ensure that the fees for the acquisition. b. retention. A State Party shall allow: a. recovery or certification of its nationality be reasonable. Each State Party shall ensure that the fees for an administrative or judicial review be not an obstacle for applicants. children having different nationalities acquired automatically at birth to retain these nationalities. ARTICLE 13 Fees 1. The retention of the nationalities mentioned in paragraph 1 is subject to the relevant provisions of Article 7 of this Convention. recovery or certification of its nationality be open to an administrative or judicial review in conformity with its internal law. recovery or certification of its nationality contain reasons in writing. loss. retention. its nationals to possess another nationality where this other nationality is automatically acquired by marriage. loss.135 ARTICLE 11 Decisions Each State Party shall ensure that decisions relating to the acquisition. retention. ARTICLE 12 Right to a review Each State Party shall ensure that decisions relating to the acquisition. 2. loss. CHAPTER V: MULTIPLE NATIONALITY ARTICLE 14 Cases of multiple nationality 1. . 2.

the acquisition or retention of its nationality is subject to the renunciation or loss of another nationality. ARTICLE 16 Conservation of previous nationality A State Party shall not make the renunciation or loss of another nationality a condition for the acquisition or retention of its nationality where such renunciation or loss is not possible or cannot reasonably be required. . the same rights and duties as other nationals of that State Party. The provisions of this chapter do not affect: a. the application of the rules of private international law of each State Party in cases of multiple nationality. b. 2.136 ARTICLE 15 Other possible cases of multiple nationality The provisions of this Convention shall not limit the right of a State Party to determine in its internal law whether: a. ARTICLE 17 Rights and duties related to multiple nationality 1. Nationals of a State Party in possession of another nationality shall have. in the territory of that State Party in which they reside. the rules of international law concerning diplomatic or consular protection by a State Party in favour of one of its nationals who simultaneously possesses another nationality. CHAPTER VI: STATE SUCCESSION AND NATIONALITY ARTICLE 18 Principles 1. in particular in order to avoid statelessness. each State Party concerned shall respect the principles of the rule of law. the rules concerning human rights and the principles contained in Articles 4 and 5 of this Convention and in paragraph 2 of this article. its nationals who acquire or possess the nationality of another State retain its nationality or lose it. In matters of nationality in cases of State succession. b.

Where the acquisition of nationality is subject to the loss of a foreign nationality. 3. Each State Party may exclude persons considered under paragraph 1 from employment in the public service involving the exercise of sovereign powers. . In deciding on the granting or the retention of nationality in cases of State succession. 2.137 2. the genuine and effective link of the person concerned with the State. where applicable. the territorial origin of the person concerned. persons referred to in sub-paragraph a shall enjoy equality of treatment with nationals of the successor State in relation to social and economic rights. the provisions of Article 16 of this Convention shall apply. Persons possessing the nationality of two or more States Parties shall be required to fulfil their military obligations in relation to one of those States Parties only. b. ARTICLE 19 Settlement by international agreement In cases of State succession. nationals of a predecessor State habitually resident in the territory over which sovereignty is transferred to a successor State and who have not acquired its nationality shall have the right to remain in that State. d. in their relationship with other States concerned. The modes of application of paragraph 1 may be determined by special agreements between any of the States Parties. States Parties concerned shall endeavour to regulate matters relating to nationality by agreement amongst themselves and. ARTICLE 20 Principles concerning non-nationals 1. Such agreements shall respect the principles and rules contained or referred to in this chapter. the will of the person concerned. CHAPTER VII: MILITARY OBLIGATIONS IN CASES OF MULTIPLE NATIONALITY ARTICLE 21 Fulfilment of military obligations 1. the habitual residence of the person concerned at the time of State succession. each State Party concerned shall take account in particular of: a. Each State Party shall respect the following principles: a. 2. b. c.

as prescribed by the law of that State Party. shall be deemed to have fulfilled the same obligations in relation to any other State Party or States Parties of which they are also nationals. to submit themselves to military obligations as volunteers in relation to any other State Party of which they are also nationals for a total and effective period at least equal to that of the active military service required by the former State Party. shall fulfil their military obligations in relation to one State Party. . g. b. Persons who are habitually resident in the territory of a State Party of which they are not nationals or in that of a State which is not a State Party may choose to perform their military service in the territory of any State Party of which they are nationals. sub-paragraph c. and subsequently transfer their habitual residence to the territory of the other State Party of which they are nationals. shall be liable to military service in the reserve only in relation to the latter State Party. before the entry into force of this Convention between the States Parties of which they are nationals. the obligations arising under this article shall not be binding upon that State Party. paragraph 3. in conformity with paragraph a. up to the age of 19 years. the following provisions are also applicable to persons possessing the nationality of two or more States Parties: a. In the event of mobilisation by any State Party. Persons who. fulfilled their military obligations in accordance with the law of that State Party. Nevertheless. concluded provides otherwise. concluded provides otherwise. The application of this article shall not prejudice. f. Persons who. they shall be free to choose. Any such person shall be subject to military obligations in relation to the State Party in whose territory they are habitually resident. have. in relation to one of those States Parties. or may be. of this Convention shall apply to persons who have been exempted from their military obligations or have fulfilled civil service as an alternative. Article 21. shall be deemed to have fulfilled their military obligations in relation to any other State Party or States Parties of which they are also nationals. in accordance with the rules laid down in paragraphs a and b. Except where a special agreement which has been. e. the following provisions are applicable to persons possessing the nationality of two or more States Parties: a. Persons who. the nationality of the persons concerned. or may be. in any respect. have performed their active military service in relation to one of the States Parties of which they are nationals.138 3. d. c. ARTICLE 22 Exemption from military obligations or alternative civil service Except where a special agreement which has been.

provide the Secretary General of the Council of Europe with information about their internal law relating to nationality. of the voluntary acquisition of its nationality by .139 b. States Parties shall co-operate amongst themselves and with other member States of the Council of Europe within the framework of the appropriate intergovernmental body of the Council of Europe in order to deal with all relevant problems and to promote the progressive development of legal principles and practice concerning nationality and related matters. CHAPTER VIII: CO-OPERATION BETWEEN THE STATES PARTIES ARTICLE 23 Co-operation between the States Parties 1. ARTICLE 24 Exchange of information Each State Party may at any time declare that it shall inform any other State Party. which each State Party concerned shall notify at the time of signature or when depositing its instruments of ratification. including instances of statelessness and multiple nationality. having made the same declaration. With a view to facilitating co-operation between the States Parties. b. provide each other upon request with information about their internal law relating to nationality and about developments concerning the application of the Convention. persons who are nationals of a State Party which does not require obligatory military service shall be considered as having satisfied their military obligations when they have their habitual residence in the territory of that State Party. they should be deemed not to have satisfied their military obligations in relation to a State Party or States Parties of which they are equally nationals and where military service is required unless the said habitual residence has been maintained up to a certain age. c. acceptance or accession. also persons who are nationals of a State Party which does not require obligatory military service shall be considered as having satisfied their military obligations when they have enlisted voluntarily in the military forces of that Party for a total and effective period which is at least equal to that of the active military service of the State Party or States Parties of which they are also nationals without regard to where they have their habitual residence. Nevertheless. 2. their competent authorities shall: a. and about developments concerning the application of the Convention.

at any subsequent time. CHAPTER IX: APPLICATION OF THE CONVENTION ARTICLE 25 Declarations concerning the application of the Convention 1. Each State Party may. The declaration may be withdrawn at any time. under which more favourable rights are or would be accorded to individuals in the field of nationality. This notification shall become effective as from the date of its receipt. approval or accession. at the time of signature or when depositing its instrument of ratification. This Convention does not prejudice the application of: a. subject to applicable laws concerning data protection. 2. other binding international instruments in so far as such instruments are compatible with this Convention. acceptance. b. in the relationship between the States Parties bound by these instruments. acceptance.140 nationals of the other State Party. The provisions of Chapter VII shall be applicable only in the relations between States Parties for which it is in force. Such a declaration may indicate the conditions under which the State Party will give such information. ARTICLE 26 Effects of this Convention 1. approval or accession. the 1963 Convention on the Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality and its Protocols. notify the Secretary General of the Council of Europe that it will apply the provisions of Chapter VII excluded at the time of signature or in its instrument of ratification. 2. Each State may declare. . The provisions of this Convention shall not prejudice the provisions of internal law and binding international instruments which are already in force or may come into force. that it will exclude Chapter VII from the application of the Convention.

Such States may express their consent to be bound by: a. signature subject to ratification. signature without reservation as to ratification. acceptance or approval shall be deposited with the Secretary General of the Council of Europe. Any State may.141 CHAPTER X: FINAL CLAUSES ARTICLE 27 Signature and entry into force 1. followed by ratification. ARTICLE 28 Accession 1. the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of signature or of the deposit of its instrument of ratification. This Convention shall be open for signature by the member States of the Council of Europe and the non-member States which have participated in its elaboration. ARTICLE 29 Reservations 1. acceptance or approval. acceptance or approval. at the time of signature or when depositing its instrument of ratification. or b. In respect of any State which subsequently expresses its consent to be bound by it. this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe. This Convention shall enter into force. 2. In respect of any acceding State. Instruments of ratification. After the entry into force of this Convention. for all States having expressed their consent to be bound by the Convention. No reservations may be made to any of the provisions contained in Chapters I. on the first day of the month following the expiration of a period of three months after the date on which three member States of the Council of Europe have expressed their consent to be bound by this Convention in accordance with the provisions of the preceding paragraph. 3. make . II and VI of this Convention. approval or accession. 2. acceptance or approval. acceptance or approval. the Committee of Ministers of the Council of Europe may invite any non-member State of the Council of Europe which has not participated in its elaboration to accede to this Convention. acceptance.

make one or more reservations in accordance with the provisions of the preceding paragraphs. at any later date. Any State may. A State which has made one or more reservations in accordance with paragraph 1 shall consider withdrawing them in whole or in part as soon as circumstances permit. 2. specify the territory or territories to which this Convention shall apply. . extend the application of this Convention to any other territory specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. acceptance. paragraph 2. 2. by a declaration addressed to the Secretary General of the Council of Europe. 5. approval or accession. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General. the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General. in respect of the territory concerned. ARTICLE 31 Denunciation 1. at the time of signature or when depositing its instrument of ratification. Any State may. be withdrawn by a notification addressed to the Secretary General. 3. ARTICLE 30 Territorial application 1. Any declaration made under the two preceding paragraphs may. Any State which extends the application of this Convention to a territory mentioned in the declaration referred to in Article 30. Any State which makes one or more reservations shall notify the Secretary General of the Council of Europe of the relevant contents of its internal law or of any other relevant information.142 one or more reservations to other provisions of the Convention so long as they are compatible with the object and purpose of this Convention. A State Party which has made reservations in respect of any of the provisions in Chapter sVII of the Convention may not claim application of the said provisions by another State Party save in so far as it has itself accepted these provisions. In respect of such territory. 3. may. Any State Party may at any time denounce the Convention as a whole or Chapter VII only by means of a notification addressed to the Secretary General of the Council of Europe. 4. in respect of any territory specified in such declaration. Such withdrawal shall be made by means of a notification addressed to the Secretary General of the Council of Europe and shall become effective as from the date of its receipt.

any Party and any other State which has acceded to this Convention of: a. Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of notification by the Secretary General. approval or accession.143 2. b. notification or communication relating to this Convention. ARTICLE 32 Notifications by the Secretary General The Secretary General of the Council of Europe shall notify the member States of the Council of Europe. any signature. acceptance. 24. c. d. 29. 27. the deposit of any instrument of ratification. 25. any other act. f. e. any notification or declaration made under the provisions of Articles 23. any Signatory. 30 and 31 of this Convention. any date of entry into force of this Convention in accordance with Articles 27 or 28 of this Convention. any reservation and withdrawal of reservations made in pursuance of the provisions of Article 29 of this Convention. . 28.

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PART THREE General Instruments on Refugees .

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the arrangements for the Office of the High Commissioner with a view to determining whether the Office should be continued beyond 31 December 1963. In the exercise of his functions. the High Commissioner shall request the opinion of an advisory committee on refugees if it is created. after hearing the views of the High Commissioner on the subject.1.147 III. shall assume the function of providing international protection. as a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race. religion. The Economic and Social Council may decide. The competence of the High Commissioner shall extend to: A. it shall be humanitarian and social and shall relate. and for instance with regard to any controversy concerning the international status of these persons. as a rule. subject to the approval of the governments concerned. private organizations to facilitate the voluntary repatriation of such refugees. (ii) Any person who. nationality or political opinion. or their assimilation within new national communities. CHAPTER II: FUNCTIONS OF THE HIGH COMMISSIONER 6. acting under the authority of the General Assembly. . to groups and categories of refugees. The United Nations High Commissioner for Refugees. 3. more particularly when difficulties arise. The work of the High Commissioner shall be of an entirely nonpolitical character. the Protocol of 14 September 1939 or the Constitution of the International Refugee Organization. which shall consist of representatives of States Members and States non-members of the United Nations. to refugees who fall within the scope of the present Statute and of seeking permanent solutions for the problem of refugees by assisting governments and. owing to such fear or for reasons other than personal convenience. 428 (V) of 14 December 1950 CHAPTER I: GENERAL PROVISIONS 1. 4. to be selected by the Council on the basis of their demonstrated interest in and devotion to the solution of the refugee problem. to establish an advisory committee on refugees. under the auspices of the United Nations. STATUTE OF THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES GA Res. is outside the country of his nationality and is unable or. The High Commissioner shall follow policy directives given him by the General Assembly or the Economic and Social Council. (i) Any person who has been considered a refugee under the Arrangements of 12 May 1926 and 30 June 1928 or under the Conventions of 28 October 1933 and 10 February 1938. 2. not later than at its eighth regular session. 5. The General Assembly shall review.

because the circumstances in connection with which he has been recognized as a refugee have ceased to exist.148 is unwilling to avail himself of the protection of that country. or (b) Who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are. nationality or political opinion and is unable or. he has voluntarily re-acquired it. or who. if he has no nationality. Provided that the competence of the High Commissioner as defined in paragraph 6 above shall not extend to a person: (a) Who is a national of more than one country unless he satisfies the provisions of the preceding paragraph in relation to each of the countries of which he is a national. owing to such fear or for reasons other than personal convenience. claim grounds other than those of personal convenience for continuing to refuse to return to that country. or (b) Having lost his nationality. he can no longer. or (d) He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution. if he has no nationality. religion. B. to return to the country of his former habitual residence. or (f ) Being a person who has no nationality. Any other person who is outside the country of his nationality or. and enjoys the protection of the country of his new nationality. is unwilling to avail himself of the protection of the government of the country of his nationality. not having a nationality and being outside the country of his former habitual residence. The competence of the High Commissioner shall cease to apply to any person defined in section A above if: (a) He has voluntarily re-availed himself of the protection of the country of his nationality. the country of his former habitual residence. is unwilling to return to it. or (c) Who continues to receive from other organs or agencies of the United Nations protection or assistance. because of such fear. Reasons of a purely economic character may not be invoked. Decisions as to eligibility taken by the International Refugee Organization during the period of its activities shall not prevent the status of refugee being accorded to persons who fulfil the conditions of the present paragraph. because he has or had well-founded fear of persecution by reason of his race. is unable or. attached to the possession of the nationality of that country. because the circumstances in connection with which he has been recognized as a refugee have ceased to exist and he is able to return to the country of his former habitual residence. or (e) He can no longer. claim grounds other than those of personal convenience. or (c) He has acquired a new nationality. for continuing to refuse to avail himself of the protection of the country of his nationality. or (d) In respect of whom there are serious reasons for considering that he has committed a crime covered by the provisions of treaties of extradition or a crime . or. 7.

The High Commissioner shall include in his annual report a statement of his activities in this field. 11. 8. (c) Assisting governmental and private efforts to promote voluntary repatriation or assimilation within new national communities. (f ) Obtaining from governments information concerning the number and conditions of refugees in their territories and the laws and regulations concerning them. 10. including repatriation and resettlement. (d) Promoting the admission of refugees. (g) Keeping in close touch with the governments and inter-governmental organizations concerned. as appropriate. which he receives for assistance to refugees. his report shall be considered as a separate item on the agenda of the General Assembly. the Economic and Social Council and their subsidiary bodies. The High Commissioner shall not appeal to governments for funds or make a general appeal. The High Commissioner may reject any offers which he does not consider appropriate or which cannot be utilized. The High Commissioner shall administer any funds. without the prior approval of the General Assembly. and shall distribute them among the private and. The High Commissioner shall provide for the protection of refugees falling under the competence of his Office by: (a) Promoting the conclusion and ratification of international conventions for the protection of refugees. The High Commissioner shall report annually to the General Assembly through the Economic and Social Council. not excluding those in the most destitute categories. (e) Endeavouring to obtain permission for refugees to transfer their assets and especially those necessary for their resettlement. paragraph 2. of the Universal Declaration of Human Rights. within the limits of the resources placed at his disposal. (b) Promoting through special agreements with governments the execution of any measures calculated to improve the situation of refugees and to reduce the number requiring protection. 9. The High Commissioner shall engage in such additional activities. as the General Assembly may determine. public or private. to the territories of States. (h) Establishing contact in such manner as he may think best with private organizations dealing with refugee questions. supervising their application and proposing amendments thereto.149 mentioned in article 6 of the London Charter of the International Military Tribunal or by the provisions of article 14. . (i) Facilitating the co-ordination of the efforts of private organizations concerned with the welfare of refugees. The High Commissioner shall be entitled to present his views before the General Assembly. public agencies which he deems best qualified to administer such assistance.

The Secretary-General shall provide the High Commissioner with all necessary facilities within budgetary limitations. The High Commissioner shall consult the governments of the countries of residence of refugees as to the need for appointing representatives therein. The High Commissioner shall be elected for a term of three years. 17. 20. from I January 1951. The High Commissioner and the Secretary-General shall make appropriate arrangements for liaison and consultation on matters of mutual interest.150 12. (d) Provision may also be made to permit the employment of personnel without compensation. for the same term. The administration of the Office of the High Commissioner shall be subject to the Financial Regulations of the United Nations and to the financial rules promulgated thereunder by the Secretary-General. and all other expenditures relating to the activities of the High Commissioner shall be financed by voluntary contributions. The Office of the High Commission – shall be financed under the budget of the United Nations. The Office of the High Commissioner shall be located in Geneva. the same representative may serve in more than one country. 22. shall be borne on the budget of the United Nations. Subject to the foregoing. 14. no expenditure. Switzerland. The High Commissioner shall appoint. The High Commissioner shall be elected by the General Assembly on the nomination of the Secretary-General. Unless the General Assembly subsequently decides otherwise. (c) Their conditions of employment shall be those provided under the staff regulations adopted by the General Assembly and the rules promulgated thereunder by the Secretary-General. there may be appointed a representative approved by the government of that country. CHAPTER III: ORGANIZATION AND FINANCES 13. (a) Within the limits of the budgetary appropriations provided. 19. In any country recognizing such need. The High Commissioner may invite the co-operation of the various specialized agencies. a Deputy High Commissioner of a nationality other than his own. Transactions relating to the High Commissioner’s funds shall be subject to audit by the United Nations Board of Auditors. other than administrative expenditures relating to the functioning of the Office of the High Commissioner. 16. 21. 18. (b) Such staff shall be chosen from persons devoted to the purposes of the Office of the High Commissioner. the staff of the Office of the High Commissioner shall be appointed by the High Commissioner and shall be responsible to him in the exercise of their functions. 15. provided that the Board may accept . The terms of appointment of the High Commissioner shall be proposed by the Secretary-General and approved by the General Assembly.

. Administrative arrangements for the custody of such funds and their allocation shall be agreed between the High Commissioner and the Secretary-General in accordance with the Financial Regulations of the United Nations and rules promulgated thereunder by the Secretary-General.151 audited accounts from the agencies to which funds have been allocated.

26. 34). 23. MOROCCO 7 Nov 1956.1b. 17. BAHAMAS 15 Sep 1993 (*general). 8. 31. LATVIA 31 Jul 1997 (*8. 32. 15. 34. MAURITANIA 5 May 1987. 150 AFGHANISTAN 30 Aug 2005. PAPUA NEW GUINEA 17 Jul 1986 (*17(1). CHINA 24 Sep 1982 (* 14. 30). LITHUANIA 28 Apr 1997. 17). ALGERIA 21 Feb 1963.2. BELIZE 27 Jun 1990. GABON 27 Apr 1974. 34). 8. 22. LIBERIA 15 Oct 1964. general. 17. 26.2). CHILE 28 Jan 1972 (*17(2a. 24). GEORGIA 9 Aug 1999 (*40(1)). NAMIBIA 17 Feb 1995 (*26).T. CHAD 19 Aug 1981. POLAND 27 Sep 1991 (*24(2)). 26. 13. NIGERIA 23 Oct 1967. EGYPT 22 May 1981 (*12(1). 26. 24. PARAGUAY 1 Apr 1970. 26. HUNGARY 14 Mar 1989. 15. GUINEA-BISSAU 11 Feb 1976. 9. 12(1). NEW ZEALAND 30 Jun 1960 (*24(2)). ANGOLA 23 Jun 1991 (*7. 17. DENMARK 4 Dec 1952 (*17(1)). 25. ARMENIA 6 Jul 1993. 40(2). BURUNDI 19 Jul 1963. 24. 17(2). 29). 34). 22(1). 26). SEYCHELLES 23 Apr 1980. 12(1). 34. 9. ROMANIA 7 Aug 1991. 32. CYPRUS 16 May 1963 (*general). ALBANIA 18 Aug 1992. 18. MALAWI 10 Dec 1987(*7. GUATEMALA 22 Sep 1983 (*general). ANTIGUA & BARBUDA 7 Sep 1995. 22(1)). 25. 9. 24.17(2). 22.3)). MADAGASCAR 18 Dec 1967 (*7(1). 19. COTE D’IVOIRE 8 Dec 1961. ICELAND 30 Nov 1955. 26. HOLY SEE 15 Mar 1956 (*general). CENTRAL AFRICAN REPUBLIC 4 Sep 1962. 17(1. 15).3)). *general). 25(2. JAMAICA 30 Jul 1964 (*8. KENYA 16 May 1966. PANAMA 2 Aug 1978. 26. 26. SERBIA & MONTENEGRO 12 Mar 2001. ISRAEL 1 Oct 1954 (*8.2. 28(1). 24). BELARUS 23 Aug 2001. 32(1. 12. COLOMBIA 10 Oct 1961. CZECH REPUBLIC 11 May 1993. AUSTRALIA 22 Jan 1954. DJIBOUTI 9 Aug 1977. NORWAY 23 Mar 1953 (*17(1)). 16(3)). 19. general). GHANA 18 Mar 1963. 21. PHILIPPINES 22 Jul 1981. 15. GERMANY 1 Dec 1953.2). 24(1a. 40(1). HAITI 25 Sep 1984. KOREA (SOUTH) 3 Dec 1992 (*7). SENEGAL 2 May 1963. 29(2)). MEXICO 7 Jun 2000 (*17 (2a. 29(1). ST KITTS & NEVIS 1 Feb 2002. AUSTRIA 1 Nov 1954 (*17(1. 22(1). 24(1b). MOZAMBIQUE 16 Dec 1983 (*13. 26. ESTONIA 10 Apr 1997 (*23.3)). LUXEMBOURG 23 Jul 1953 (*general). 22. 24. LESOTHO 14 May 1981. CROATIA 12 Oct 1992. general). 28. 34). RUSSIA 2 Feb 1993. 2). PORTUGAL 22 Dec 1960 (*general). FIJI 12 Jun 1972 (*8. LIECHTENSTEIN 8 Mar 1957 (*17. MONACO 18 May 1954 (*7(2). MALTA 17 Jun 1971. general). 17(1. 9. 23. 25(1. 17(2). IRELAND 29 Nov 1956 (*17. BELGIUM 22 Jul 1953 (*15. CONGO 15 Oct 1962. 31.2)). NIGER 25 Aug 1961. 21. BENIN 4 Apr 1962. c). ITALY 15 Nov 1954. 31. CONGO (DEMOCRATIC REPUBLIC OF) COSTA RICA 28 Mar 1978. CAMEROON 23 Oct 1961. 33) MOLDOVA 31 Jan 2002 (*13. 22(1).S. SIERRA LEONE 22 May 1981 (*17. FRANCE 23 Jun 1954 (*17. FINLAND 10 Oct 1968 (*7(2). GUINEA 28 Dec 1965. BOLIVIA 9 Feb 1982. 24). NETHERLANDS 3 May 1956 (*26. CAMBODIA 15 Oct 1992. ARGENTINA 15 Nov 1961. 20. 8. 23.152 III. BOSNIA & HERZEGOVINA 1 Sep 1993.N. *general). 34). AZERBAIJAN 12 Feb 1993. SÃO TOME & PRINCIPE 1 Feb 1978. 2). JAPAN 3 Oct 1981. EQUATORIAL GUINEA 7 Feb 1986. KAZAKHSTAN 15 Jan 1999. NICARAGUA 28 Mar 1980. 28(1)). ECUADOR 17 Aug 1955 (*1. EL SALVADOR 28 Apr 1983. ST VINCENT & THE GRENADINES 3 Nov 1993. BULGARIA 12 May 1993. BOTSWANA 6 Jan 1969 (*7. KYRGYZSTAN 8 Oct 1996. 24. SAMOA 21 Sep 1988. RWANDA 3 Jan 1980 (*26). 32. GREECE 5 Apr 1960 (*26). DOMINICA 17 Feb 1994. b. GAMBIA 7 Sep 1966. general). CONVENTION RELATING TO THE STATUS OF REFUGEES Adopted on 28 July 1951 by the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons convened under General Assembly resolution 429 (V) of 14 December 1950 189 U.2.2c). 25. 13. 24(1b. IRAN 28 Jul 1976 (*17. BRAZIL 16 Nov 1960 (*general). BURKINA FASO 18 Jun 1980. MACEDONIA (FORMER YUGSLAV REPUBLIC OF) 18 Jan 1994. 17. MALI 2 Feb 1973. 25(1. 15. 23. CANADA 4 Jun 1969 (*23. 31(2). 31. 24. . PERU 21 Dec 1964. ETHIOPIA 10 Nov 1969 (*8. 9.3)). HONDURAS 23 Mar 1992 (*7. DOMINICAN REPUBLIC 4 Jan 1978.

22(1). 12(1).b. SURINAME 29 Nov 1978. TANZANIA 12 May 1964. TURKEY 30 Mar 1962 (*1(c). Monaco and Turkey have declared it to apply to “events occurring in Europe before 1 Jan 1951”. 9. TUVALU 7 Mar 1986. 28). SOUTH AFRICA 12 Jan 1996. he has not availed himself of the protection of one of the countries of which he is a national. nationality.2). 8. the Protocol of 14 September 1939 or the Constitution of the International Refugee Organization. 26. UGANDA 27 Sep 1976 (7. 17(2).general). 25(1. Madagascar. TIMOR-LESTE 7 May 2003 (*16(2). section A. 17. membership of a particular social group or political opinion. B. or who. shall be understood to mean either (a) “events . YUGOSLAVIA 15 Dec 1959. 13. the term “refugee” shall apply to any person who: (1) Has been considered a refugee under the Arrangements of 12 May 1926 and 30 June 1928 or under the Conventions of 28 October 1933 and 10 February 1938. UKRAINE 10 Jun 2002. general). ZAIRE 19 Jul 1965. 20–24). 15. 26. YEMEN 18 Jan 1980. owing to such fear. In the case of a person who has more than one nationality. TAJIKISTAN 7 Dec 1993. SOMALIA 10 Oct 1978 (*general). SOLOMON ISLANDS 28 Feb 1995. is unwilling to return to it. For the purposes of the present Convention. URUGUAY 22 Sep 1970.c). 16. SLOVENIA 6 Jul1992. and a person shall not be deemed to be lacking the protection of the country of his nationality if. general). 24(1b. ZIMBABWE 25 Aug 1981 (*17. is unable or. SUDAN 22 Feb 1974 (*26). SWITZERLAND 21 Jan 1955. SPAIN 14 Aug 1978 (*8. without any valid reason based on well-founded fear. UNITED KINGDOM 11 Mar 1954 (*8. Decisions of non-eligibility taken by the International Refugee Organization during the period of its activities shall not prevent the status of refugee being accorded to persons who fulfil the conditions of paragraph 2 of this section. 25. only Congo. TURKMENISTAN 2 Mar 1998. ZAMBIA 24 Sep 1969 (*17. 26) Most States party to the Convention have declared under Article 1B(1) that it applies to “events occurring in Europe or elsewhere before 1 Jan 1951”. SWAZILAND 14 Feb 2000. TOGO 27 Feb 1962. 9.2)). the term “the country of his nationality” shall mean each of the countries of which he is a national. 17(2a.2). 23.3). is outside the country of his nationality and is unable. 12(1. TRINIDAD & TABAGO 10 Nov 2000. 32). religion. is unwilling to avail himself of the protection of that country. SWEDEN 26 Oct 1954 (*8. 24. 24(1b. or owing to such fear. CHAPTER I: GENERAL PROVISIONS ARTICLE 1 Definition of the term “refugee” A. the words “events occurring before I January 1951” in article 1. 22(1). not having a nationality and being outside the country of his former habitual residence as a result of such events. TUNISIA 24 Oct 1957. 25.153 SLOVAKIA 4 Feb 1993. (2) As a result of events occurring before I January 1951 and owing to well-founded fear of being persecuted for reasons of race. (1) For the purposes of this Convention.

This Convention shall cease to apply to any person falling under the terms of section A if: (1) He has voluntarily re-availed himself of the protection of the country of his nationality. these persons shall ipso facto be entitled to the benefits of this Convention. he has voluntarily reacquired it. as defined in the international instruments drawn up to make provision in respect of such crimes. When such protection or assistance has ceased for any reason. or (3) He has acquired a new nationality. The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that: (a) He has committed a crime against peace. or (b) “events occurring in Europe or elsewhere before I January 1951”. or (4) He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution. This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country.154 occurring in Europe before I January 1951”. specifying which of these meanings it applies for the purpose of its obligations under this Convention. D. C. a war crime. continue to refuse to avail himself of the protection of the country of his nationality. (6) Being a person who has no nationality he is. able to return to the country of his former habitual residence. because the circumstances in connection with which he has been recognized as a refugee have ceased to exist. Provided that this paragraph shall not apply to a refugee falling under section A(I) of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality. because the circumstances in connection with which he has been recognized as a refugee have ceased to exist. or a crime against humanity. or (5) He can no longer. without the position of such persons being definitively settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations. Provided that this paragraph shall not apply to a refugee falling under section A(I) of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to return to the country of his former habitual residence. . E. ratification or accession. and each Contracting State shall make a declaration at the time of signature. or (2) Having lost his nationality. and enjoys the protection of the country of his new nationality. (2) Any Contracting State which has adopted alternative (a) may at any time extend its obligations by adopting alternative (b) by means of a notification addressed to the Secretary-General of the United Nations. This Convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance. F.

ARTICLE 2 General obligations Every refugee has duties to the country in which he finds himself. which require in particular that he conform to its laws and regulations as well as to measures taken for the maintenance of public order. with the exception of requirements which by their nature a refugee is incapable of fulfilling. must be fulfilled by him. religion or country of origin. if he were not a refugee.155 (b) He has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee. ARTICLE 5 Rights granted apart from this Convention Nothing in this Convention shall be deemed to impair any rights and benefits granted by a Contracting State to refugees apart from this Convention. the term “in the same circumstances” implies that any requirements (including requirements as to length and conditions of sojourn or residence) which the particular individual would have to fulfil for the enjoyment of the right in question. ARTICLE 4 Religion The Contracting States shall accord to refugees within their territories treatment at least as favourable as that accorded to their nationals with respect to freedom to practise their religion and freedom as regards the religious education of their children. . ARTICLE 6 The term “in the same circumstances” For the purposes of this Convention. ARTICLE 3 Non-discrimination The Contracting States shall apply the provisions of this Convention to refugees without discrimination as to race. (c) He has been guilty of acts contrary to the purposes and principles of the United Nations.

property or interests of nationals of a foreign State. in appropriate cases. shall. 18. all refugees shall enjoy exemption from legislative reciprocity in the territory of the Contracting States. ARTICLE 9 Provisional measures Nothing in this Convention shall prevent a Contracting State. Each Contracting State shall continue to accord to refugees the rights and benefits to which they were already entitled. 2. and to extending exemption from reciprocity to refugees who do not fulfil the conditions provided for in paragraphs 2 and 3. The provisions of paragraphs 2 and 3 apply both to the rights and benefits referred to in articles 13. After a period of three years’ residence. the Contracting States shall not apply such measures to a refugee who is formally a national of the said State solely on account of such nationality. at the date of entry into force of this Convention for that State. in the absence of reciprocity. . Contracting States which. grant exemptions in favour of such refugees. 3. 4. 19. rights and benefits beyond those to which they are entitled according to paragraphs 2 and 3. from taking provisionally measures which it considers to be essential to the national security in the case of a particular person.156 ARTICLE 7 Exemption from reciprocity 1. pending a determination by the Contracting State that that person is in fact a refugee and that the continuance of such measures is necessary in his case in the interests of national security. are prevented from applying the general principle expressed in this article. a Contracting State shall accord to refugees the same treatment as is accorded to aliens generally. in time of war or other grave and exceptional circumstances. The Contracting States shall consider favourably the possibility of according to refugees. Except where this Convention contains more favourable provisions. ARTICLE 8 Exemption from exceptional measures With regard to exceptional measures which may be taken against the person. 21 and 22 of this Convention and to rights and benefits for which this Convention does not provide. in the absence of reciprocity. under their legislation. 5.

The personal status of a refugee shall be governed by the law of the country of his domicile or. Rights previously acquired by a refugee and dependent on personal status. in any event. CHAPTER II: JURIDICAL STATUS ARTICLE 12 Personal status 1. by the law of the country of his residence. prior to the date of entry into force of this Convention. Where a refugee has been forcibly displaced during the Second World War and removed to the territory of a Contracting State. and is resident there. not less favourable than that accorded to aliens generally in the . the period of such enforced sojourn shall be considered to have been lawful residence within that territory. that State shall give sympathetic consideration to their establishment on its territory and the issue of travel documents to them or their temporary admission to its territory particularly with a view to facilitating their establishment in another country. if he has no domicile. more particularly rights attaching to marriage. 2. with the formalities required by the law of that State. ARTICLE 13 Movable and immovable property The Contracting States shall accord to a refugee treatment as favourable as possible and. Where a refugee has been forcibly displaced during the Second World War from the territory of a Contracting State and has. returned there for the purpose of taking up residence. subject to compliance. ARTICLE 11 Refugee seamen In the case of refugees regularly serving as crew members on board a ship flying the flag of a Contracting State. shall be respected by a Contracting State. provided that the right in question is one which would have been recognized by the law of that State had he not become a refugee. the period of residence before and after such enforced displacement shall be regarded as one uninterrupted period for any purposes for which uninterrupted residence is required. if this be necessary.157 ARTICLE 10 Continuity of residence 1. 2.

trade marks. a refugee shall be accorded in the country in which he has his habitual residence the same protection as is accorded to nationals of that country. as regards the acquisition of movable and immovable property and other rights pertaining thereto. 2. such as inventions. and to leases and other contracts relating to movable and immovable property. ARTICLE 16 Access to courts 1. including legal assistance and exemption from cautio judicatum solvi. A refugee shall have free access to the courts of law on the territory of all Contracting States. he shall be accorded the same protection as is accorded in that territory to nationals of the country in which he has his habitual residence. and of rights in literary. A refugee shall be accorded in the matters referred to in paragraph 2 in countries other than that in which he has his habitual residence the treatment granted to a national of the country of his habitual residence. ARTICLE 15 Right of association As regards non-political and non-profit-making associations and trade unions the Contracting States shall accord to refugees lawfully staying in their territory the most favourable treatment accorded to nationals of a foreign country. In the territory of any other Contracting States. . in the same circumstances. 3. artistic and scientific works. trade names. designs or models.158 same circumstances. A refugee shall enjoy in the Contracting State in which he has his habitual residence the same treatment as a national in matters pertaining to access to the courts. ARTICLE 14 Artistic rights and industrial property In respect of the protection of industrial property.

as regards the right to engage in wage-earning employment. The Contracting States shall accord to refugees lawfully staying in their territory the most favourable treatment accorded to nationals of a foreign country in the same circumstances. not less favourable than that accorded to aliens generally in the same circumstances. In any case.159 CHAPTER III: GAINFUL EMPLOYMENT ARTICLE 17 Wage-earning employment 1. ARTICLE 18 Self-employment The Contracting States shall accord to a refugee lawfully in their territory treatment as favourable as possible and. in any event. ARTICLE 19 Liberal professions 1. treatment as favourable as possible and. in any event. and who are desirous of practising a liberal profession. (c) He has one or more children possessing the nationality of the country of residence. A refugee may not invoke the benefit of this provision if he has abandoned his spouse. (b) He has a spouse possessing the nationality of the country of residence. The Contracting States shall give sympathetic consideration to assimilating the rights of all refugees with regard to wage-earning employment to those of nationals. 2. handicrafts and commerce and to establish commercial and industrial companies. industry. and in particular of those refugees who have entered their territory pursuant to programmes of labour recruitment or under immigration schemes. as regards the right to engage on his own account in agriculture. or who fulfils one of the following conditions: (a) He has completed three years’ residence in the country. 3. . Each Contracting State shall accord to refugees lawfully staying in their territory who hold diplomas recognized by the competent authorities of that State. not less favourable than that accorded to aliens generally in the same circumstances. restrictive measures imposed on aliens or the employment of aliens for the protection of the national labour market shall not be applied to a refugee who was already exempt from them at the date of entry into force of this Convention for the Contracting State concerned.

. which applies to the population at large and regulates the general distribution of products in short supply. for whose international relations they are responsible. refugees shall be accorded the same treatment as nationals.160 2. other than the metropolitan territory. the Contracting States. ARTICLE 21 Housing As regards housing. The Contracting States shall accord to refugees the same treatment as is accorded to nationals with respect to elementary education. CHAPTER IV: WELFARE ARTICLE 20 Rationing Where a rationing system exists. ARTICLE 22 Public education 1. and. not less favourable than that accorded to aliens generally in the same circumstances. The Contracting States shall use their best endeavours consistently with their laws and constitutions to secure the settlement of such refugees in the territories. the recognition of foreign school certificates. shall accord to refugees lawfully staying in their territory treatment as favourable as possible and. diplomas and degrees. The Contracting States shall accord to refugees treatment as favourable as possible. with respect to education other than elementary education and. not less favourable than that accorded to aliens generally in the same circumstances. in any event. in so far as the matter is regulated by laws or regulations or is subject to the control of public authorities. in any event. in particular. as regards access to studies. the remission of fees and charges and the award of scholarships. 2.

The right to compensation for the death of a refugee resulting from employment injury or from occupational disease shall not be affected by the fact that the residence of the beneficiary is outside the territory of the Contracting State. and concerning allowances paid to persons who do not fulfil the contribution conditions prescribed for the award of a normal pension. . is covered by a social security scheme). minimum age of employment. according to national laws or regulations. restrictions on home work. subject only to the conditions which apply to nationals of the States signatory to the agreements in question. or which may be concluded between them in the future. concerning the maintenance of acquired rights and rights in the process of acquisition in regard to social security. The Contracting States shall accord to refugees lawfully staying in their territory the same treatment as is accorded to nationals in respect of the following matters. disability. The Contracting States will give sympathetic consideration to extending to refugees so far as possible the benefits of similar agreements which may at any time be in force between such Contracting States and non-contracting States. overtime arrangements.161 ARTICLE 23 Public relief The Contracting States shall accord to refugees lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals. 4. occupational diseases. holidays with pay. maternity. old age. and the enjoyment of the benefits of collective bargaining. sickness. (ii) National laws or regulations of the country of residence may prescribe special arrangements concerning benefits or portions of benefits which are payable wholly out of public funds. 3. including family allowances where these form part of remuneration. women’s work and the work of young persons. death. unemployment. ARTICLE 24 Labour legislation and social security 1. apprenticeship and training. hours of work. (a) In so far as such matters are governed by laws or regulations or are subject to the control of administrative authorities: remuneration. subject to the following limitations: (i) There may be appropriate arrangements for the maintenance of acquired rights and rights in course of acquisition. (b) Social security (legal provisions in respect of employment injury. family responsibilities and any other contingency which. The Contracting States shall extend to refugees the benefits of agreements concluded between them. 2.

ARTICLE 27 Identity papers The Contracting States shall issue identity papers to any refugee in their territory who does not possess a valid travel document. 5. When the exercise of a right by a refugee would normally require the assistance of authorities of a foreign country to whom he cannot have recourse. Subject to such exceptional treatment as may be granted to indigent persons. fees may be charged for the services mentioned herein. the Contracting States in whose territory he is residing shall arrange that such assistance be afforded to him by their own authorities or by an international authority. unless compelling reasons of national security or public order otherwise require. ARTICLE 28 Travel documents 1. ARTICLE 26 Freedom of movement Each Contracting State shall accord to refugees lawfully in its territory the right to choose their place of residence and to move freely within its territory subject to any regulations applicable to aliens generally in the same circumstances. but such fees shall be moderate and commensurate with those charged to nationals for similar services. 4. The provisions of this article shall be without prejudice to articles 27 and 28. The authority or authorities mentioned in paragraph 1 shall deliver or cause to be delivered under their supervision to refugees such documents or certifications as would normally be delivered to aliens by or through their national authorities. and the provisions of the Schedule to this Convention shall apply with respect to such doc- .162 CHAPTER V: ADMINISTRATIVE MEASURES ARTICLE 25 Administrative assistance 1. 3. and shall be given credence in the absence of proof to the contrary. 2. Documents or certifications so delivered shall stand in the stead of the official instruments delivered to aliens by or through their national authorities. The Contracting States shall issue to refugees lawfully staying in their territory travel documents for the purpose of travel outside their territory.

2. charges or taxes.163 uments. other or higher than those which are or may be levied on their nationals in similar situations. coming directly from a territory where their life or freedom was threatened in the sense of article 1. . The Contracting States shall not impose upon refugees duties. The Contracting States shall not impose penalties. to another country where they have been admitted for the purposes of resettlement. enter or are present in their territory without authorization. The Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country. 2. ARTICLE 31 Refugees unlawfully in the country of refuge 1. on account of their illegal entry or presence. they shall in particular give sympathetic consideration to the issue of such a travel document to refugees in their territory who are unable to obtain a travel document from the country of their lawful residence. A Contracting State shall. ARTICLE 29 Fiscal charges 1. Nothing in the above paragraph shall prevent the application to refugees of the laws and regulations concerning charges in respect of the issue to aliens of administrative documents including identity papers. provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence. A Contracting State shall give sympathetic consideration to the application of refugees for permission to transfer assets wherever they may be and which are necessary for their resettlement in another country to which they have been admitted. The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country. ARTICLE 30 Transfer of assets 1. in conformity with its laws and regulations. 2. of any description whatsoever. permit refugees to transfer assets which they have brought into its territory. on refugees who. The Contracting States may issue such a travel document to any other refugee in their territory. Travel documents issued to refugees under previous international agreements by Parties thereto shall be recognized and treated by the Contracting States in the same way as if they had been issued pursuant to this article. 2.

The benefit of the present provision may not. The Contracting States reserve the right to apply during that period such internal measures as they may deem necessary. and to appeal to and be represented for the purpose before competent authority or a person or persons specially designated by the competent authority. No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race. or who. religion. however. The Contracting States shall not expel a refugee lawfully in their territory save on grounds of national security or public order. Except where compelling reasons of national security otherwise require. 3.164 ARTICLE 32 Expulsion 1. 2. 2. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings. nationality. ARTICLE 34 Naturalization The Contracting States shall as far as possible facilitate the assimilation and naturalization of refugees. The expulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law. . constitutes a danger to the community of that country. the refugee shall be allowed to submit evidence to clear himself. ARTICLE 33 Prohibition of expulsion or return (“refoulement”) 1. having been convicted by a final judgement of a particularly serious crime. membership of a particular social group or political opinion. be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is. The Contracting States shall allow such a refugee a reasonable period within which to seek legal admission into another country.

2. of this Convention. 12 May 1926. ARTICLE 36 Information on national legislation The Contracting States shall communicate to the Secretary-General of the United Nations the laws and regulations which they may adopt to ensure the application of this Convention. The Contracting States undertake to co-operate with the Office of the United Nations High Commissioner for Refugees. the Conventions of 28 October 1933 and 10 February 1938.165 CHAPTER VI: EXECUTORY AND TRANSITORY PROVISIONS ARTICLE 35 Co-operation of the national authorities with the United Nations 1. this Convention replaces. as between Parties to it. 31 May 1924. paragraph 2. (b) The implementation of this Convention. and (c) Laws. or any other agency of the United Nations which may succeed it. in the exercise of its functions. to make reports to the competent organs of the United Nations. and shall in particular facilitate its duty of supervising the application of the provisions of this Convention. In order to enable the Office of the High Commissioner or any other agency of the United Nations which may succeed it. . or may hereafter be. regulations and decrees which are. 30 June 1928 and 30 July 1935. ARTICLE 37 Relation to previous conventions Without prejudice to article 28. the Protocol of 14 September 1939 and the Agreement of 15 October 1946. in force relating to refugees. the Arrangements of 5 July 1922. the Contracting States undertake to provide them in the appropriate form with information and statistical data requested concerning: (a) The condition of refugees.

Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. 2. 2. at the time of signature. ratification or accession. Any State may. each State concerned shall consider . ARTICLE 39 Signature. which cannot be settled by other means. At any time thereafter any such extension shall be made by notification addressed to the Secretary-General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notification. declare that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. 3. ARTICLE 40 Territorial application clause 1. Such a declaration shall take effect when the Convention enters into force for the State concerned. This Convention shall be open for signature on behalf of all States Members of the United Nations. This Convention shall be open from 28 July 1951 for accession by the States referred to in paragraph 2 of this article. It shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations. shall be referred to the International Court of Justice at the request of any one of the parties to the dispute. With respect to those territories to which this Convention is not extended at the time of signature. This Convention shall be opened for signature at Geneva on 28 July 1951 and shall thereafter be deposited with the Secretary-General of the United Nations. or as from the date of entry into force of the Convention for the State concerned. It shall be open for signature at the European Office of the United Nations from 28 July to 31 August 1951 and shall be re-opened for signature at the Headquarters of the United Nations from 17 September 1951 to 31 December 1952. ratification and accession 1.166 CHAPTER VII: FINAL CLAUSES ARTICLE 38 Settlement of disputes Any dispute between Parties to this Convention relating to its interpretation or application. ratification or accession. and also on behalf of any other State invited to attend the Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons or to which an invitation to sign will have been addressed by the General Assembly. 3. whichever is the later.

at the request of any other Contracting State transmitted through the Secretary-General of the United Nations. (b) With respect to those articles of this Convention that come within the legislative jurisdiction of constituent States. 4. supply a statement of the law and practice of the Federation and its constituent units in regard to any particular provision of the Convention showing the extent to which effect has been given to that provision by legislative or other action. Any State making a reservation in accordance with paragraph I of this article may at any time withdraw the reservation by a communication to that effect addressed to the Secretary-General of the United Nations. 16(1). where necessary for constitutional reasons. (c) A Federal State Party to this Convention shall. 3. any State may make reservations to articles of the Convention other than to articles 1. 36–46 inclusive. ARTICLE 42 Reservations 1. under the constitutional system of the Federation. the obligations of the Federal Government shall to this extent be the same as those of parties which are not Federal States. provinces or cantons at the earliest possible moment. . ARTICLE 43 Entry into force 1. to the consent of the Governments of such territories. provinces or cantons which are not.167 the possibility of taking the necessary steps in order to extend the application of this Convention to such territories. 33. ARTICLE 41 Federal clause In the case of a Federal or non-unitary State. bound to take legislative action. At the time of signature. This Convention shall come into force on the ninetieth day following the day of deposit of the sixth instrument of ratification or accession. 2. the following provisions shall apply: (a) With respect to those articles of this Convention that come within the legislative jurisdiction of the federal legislative authority. subject. the Federal Government shall bring such articles with a favourable recommendation to the notice of the appropriate authorities of States. ratification or accession.

2. The General Assembly of the United Nations shall recommend the steps. declare that the Convention shall cease to extend to such territory one year after the date of receipt of the notification by the Secretary-General. Any State which has made a declaration or notification under article 40 may. Of the date on which this Convention will come into force in accordance with article 43. Of signatures. . to be taken in respect of such request. Of reservations and withdrawals in accordance with article 42. by a notification to the Secretary-General of the United Nations. ratifications and accessions in accordance with article 39. (g) Of requests for revision in accordance with article 45. 2. if any. Any Contracting State may request revision of this Convention at any time by a notification addressed to the Secretary-General of the United Nations. Such denunciation shall take effect for the Contracting State concerned one year from the date upon which it is received by the Secretary-General of the United Nations. 3. Any Contracting State may denounce this Convention at any time by a notification addressed to the Secretary-General of the United Nations. the Convention shall enter into force on the ninetieth day following the date of deposit by such State of its instrument of ratification or accession. (f ) Of denunciations and notifications in accordance with article 44. ARTICLE 46 Notifications by the Secretary-General of the United Nations The Secretary-General of the United Nations shall inform all Members of the United Nations and non-member States referred to in article 39: (a) (b) (c) (d) (e) Of declarations and notifications in accordance with section B of article 1. ARTICLE 44 Denunciation 1. Of declarations and notifications in accordance with article 40.168 2. For each State ratifying or acceding to the Convention after the deposit of the sixth instrument of ratification or accession. ARTICLE 45 Revision 1. at any time thereafter.

22. KENYA 13 Nov 1981. ARGENTINA 6 Dec 1967. DJIBOUTI 9 Aug 1977. DOMINICA 17 Feb 1994. SOUTH AFRICA 12 Jan 1996. GERMANY 5 Nov 1969. GEORGIA 9 Aug 1999. KAZAKHSTAN 15 Jan 1999. NETHERLANDS 29 Nov 1968 (*as for 1951 Convention) NEW ZEALAND 6 Aug 1973. LATVIA 31 Jul 1997 (*41).T. FIJI 12 Jun 1972. 26). CAPE VERDE 9 Jul 1987 (*general regarding 1951 Convention). ETHIOPIA 10 Nov 1969. SLOVAKIA 4 Feb 1993. PAPUA NEW GUINEA 17 Jul 1986. EQUATORIAL GUINEA 7 Feb 1986. MOROCCO 20 Apr 1971.169 III. GREECE 7 Aug 1968. GABON 28 Aug 1973. SOLOMON ISLANDS 12 Apr 1995. ANTIGUA & BARBUDA 7 Sep 1995. NICARAGUA 28 Mar 1980. In the same resolution the General Assembly requested the Secretary-General to transmit the text of the Protocol to the States mentioned in Article V thereof. 25(1. BURUNDI 15 Mar 1971 (*17(1. ESTONIA 10 Apr 1997. with a view to enabling them to accede to the Protocol 606 U. MALTA 15 Sep 1971 (*as for 1951 Convention). COSTA RICA 28 Mar 1978. ECUADOR 6 Mar 1969. TAJIKISTAN 7 Dec 1993. II). BURKINA FASO 18 Jun 1980. AZERBAIJAN 12 Feb 1993. EL SALVADOR 28 Apr 1983 (*IV). HUNGARY 14 Mar 1989. FRANCE 3 Feb 1971. ST VINCENT & THE GRENADINES 3 Nov 2003 (IV). CAMBODIA 15 Oct 1992. BAHAMAS 15 Sep 1993.2. 267 AFGHANISTAN 30 Aug 2005. general). ARMENIA 6 Jul 1993. CYPRUS 9 Jul 1968. BULGARIA 12 May 1993. GHANA 30 Aug 1968 (*IV).N. POLAND 27 Sep 1991. GAMBIA 29 Sep 1967. SEYCHELLES 23 Apr 1980. SWEDEN 4 Oct 1967. LIECHTENSTEIN 20 May 1968. PANAMA 2 Aug 1978. NAMIBIA 17 Feb 1995. NORWAY 28 Nov 1967. PROTOCOL RELATIING TO THE STATUS OF REFUGEES The Protocol was taken note of with approval by the Economic and Social Council in resolution 1186 (XLI) of 18 November 1966 and was taken note of by the General Assembly in resolution 2198 (XXI) of 16 December 1966. BELIZE 27 Jun 1990. MACEDONIA 18 Jan 1994. BENIN 6 Jul 1970. AUSTRIA 5 Sep 1973. RWANDA 3 Jan 1980 (*IV). BOLIVIA 9 Feb 1982. ANGOLA 23 Jun 1981 (*IV). COLOMBIA 4 Mar 1980. CROATIA 12 Oct 1992. BRAZIL 7 Apr 1972. 17(2). SWAZILAND 28 Jan 1969 (*22. AUSTRALIA 13 Dec 1973. SERBIA & MONTENEGRO 12 Mar 2001. BELARUS 23 Aug 2001. GUATEMALA 22 Sep 1983. LIBERIA 27 Feb 1980. MOZAMBIQUE 1 May 1989. CAMEROON 19 Sep 1967. RUSSIA 2 Feb 1993. ALBANIA 18 Aug 1992. SENEGAL 3 Oct 1967. MEXICO 7 Jun 2000. COTE D’IVOIRE 16 Feb 1970. MAURITANIA 5 May 1987. CHAD 19 Aug 1981. PERU 15 Sep 1983 (*I(1). SAMOA 29 Nov 1994. . SURINAME 29 Nov 1978. CONGO 10 Jul 1970 (*4). 2). 9.3)). CHILE 27 Apr 1972. PARAGUAY 1 Apr 1970. BOTSWANA 6 Jan 1969 (*IV). CONGO (DEMOCRATIC REPUBLIC OF) 13 Jan 1975. HOLY SEE 8 Jun 1967. ALGERIA 8 Nov 1967. PHILIPPINES 22 Jul 1981. CZECH REPUBLIC 11 May 1993. LUXEMBOURG 22 Apr 1971.S. BOSNIA & HERZEGOVINA 1 Sep 1993. MALI 2 Feb 1973. KOREA (SOUTH) 3 Dec 1992 (*7). IRELAND 6 Nov 1968. DOMINICAN REPUBLIC 4 Jan 1978. ROMANIA 7 Aug 1991. PORTUGAL 13 Jul 1976 (*general). NIGER 2 Feb 1970. EGYPT 22 May 1981. KYRGYZSTAN 8 Oct 1996.3. IRAN 28 Jul 1976. SPAIN 14 Aug 1978. ICELAND 26 Apr 1968. JAPAN 1 Jan 1982. ISRAEL 14 Jun 1968 (*as for 1951 Convention). 24. HAITI 25 Sep 1984. LESOTHO 14 May 1981. JAMAICA 30 Oct 1980 (*IV *8. SOMALIA 10 Oct 1978. SUDAN 23 May 1974. DENMARK 29 Jan 1968. ITALY 26 Jan 1972. GUINEA 16 May 1968. CENTRAL AFRICAN REPUBLIC 30 Aug 1967. SIERRA LEONE 22 May 1981. FINLAND 10 Oct 1968. HONDURAS 23 Mar 1992 (*as for 1951 Geneva Convention). SLOVENIA 6 Jul 1992. CANADA 4 Jun 1969. 34. SÃO TOME AND PRIINCIPE 1 Feb 1978. NIGERIA 2 May 1968. CHINA 24 Sep 1982 (*4). BELGIUM 8 Apr 1969. MALAWI 10 Dec 1987 (*IV *38). GUINEABISSAU 11 Feb 1976. SWITZERLAND 20 May 1968. MOLDOVA 31 Jan 2002.

the term “refugee” shall. Considering that it is desirable that equal status should be enjoyed by all refugees covered by the definition in the Convention irrespective of the dateline I January 1951. TURKEY 31 Jul 1968 (*1(B)). ZIMBABWE 25 Aug 1981. ZAMBIA 24 Sep 1969. TRINIDAD & TOBAGO 10 Nov 2000. except as regards the application of paragraph 3 of this article. TUVALU 7 Mar 1986. URUGUAY 22 Sep 1970. as a result of such events”. apply also under the present Protocol. Considering that new refugee situations have arisen since the Convention was adopted and that the refugees concerned may therefore not fall within the scope of the Convention. general) YEMEN 18 Jan 1980. . (NB. save that existing declarations made by States already Parties to the Convention in accordance with article I B(I) (a) of the Convention. .” and the words “.) The States Parties to the present Protocol. The States Parties to the present Protocol undertake to apply articles 2 to 34 inclusive of the Convention to refugees as hereinafter defined. UNITED KINGDOM 4 Sep 1968 (*VII(4)) USA 1 Nov 1968 (*24(lb). 2. TUNISIA 16 Oct 1968. UGANDA 27 Sep 1976. and . or any other agency of the United Nations which may succeed it. Have agreed as follows: ARTICLE 1 General provision 1. TURKMENISTAN 2 Mar 1998. TOGO 1 Dec 1969. 3. Considering that the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 (hereinafter referred to as the Convention) covers only those persons who have become refugees as a result of events occurring before 1 January 1951. shall. in the exercise of its functions. UJRAINE 4 Apr 2002. ARTICLE 2 Co-operation of the national authorities with the United Nations 1. TIMOR-LESTE 2 May 2003 (*as for 1951 Convention). mean any person within the definition of article I of the Convention as if the words “As a result of events occurring before 1 January 1951 and . . in article 1 A (2) were omitted. The States Parties to the present Protocol undertake to co-operate with the Office of the United Nations High Commissioner for Refugees. The present Protocol shall be applied by the States Parties hereto without any geographic limitation. Reservations in Roman numerals refer to Articles of the 1967 Protocol. VENEZUELA 19 Sep 1986 (*IV. 29). For the purpose of the present Protocol.170 TANZANIA 4 Sep 1968 (*IV). unless extended under article I B(2) thereof. those with Arabic numerals refer to Articles of the 1951 Convention. .

concerning: (a) The condition of refugees. in force relating to refugees.171 shall in particular facilitate its duty of supervising the application of the provisions of the present Protocol. regulations and decrees which are. or may hereafter be. in the appropriate form. to make reports to the competent organs of the United Nations. . In order to enable the Office of the High Commissioner or any other agency of the United Nations which may succeed it. ARTICLE 5 Accession The present Protocol shall be open for accession on behalf of all States Parties to the Convention and of any other State Member of the United Nations or member of any of the specialized agencies or to which an invitation to accede may have been addressed by the General Assembly of the United Nations. the States Parties to the present Protocol undertake to provide them with the information and statistical data requested. (b) The implementation of the present Protocol. ARTICLE 3 Information on National Legislation The States Parties to the present Protocol shall communicate to the Secretary-General of the United Nations the laws and regulations which they may adopt to ensure the application of the present Protocol. ARTICLE 4 Settlement of disputes Any dispute between States Parties to the present Protocol which relates to its interpretation or application and which cannot be settled by other means shall be referred to the International Court of Justice at the request of any one of the parties to the dispute. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. 2. (c) Laws.

Any State making a reservation in accordance with paragraph I of this article may at any time withdraw such reservation by a communication to that effect addressed to the Secretary-General of the United Nations. bound to take legislative action. the obligations of the Federal Government shall to this extent be the same as those of States Parties which are not Federal States. At the time of accession. unless withdrawn. paragraph 1. of the present Protocol. 3. paragraph 1. at the request of any other State Party hereto transmitted through the Secretary-General of the United Nations. ARTICLE 7 Reservations and declarations 1. the Federal Government shall bring such articles with a favourable recommendation to the notice of the appropriate authorities of States. of the present Protocol that come within the legislative jurisdiction of the federal legislative authority. the following provisions shall apply: (a) With respect to those articles of the Convention to be applied in accordance with article I. (c) A Federal State Party to the present Protocol shall. unless upon accession a notification to the con- . showing the extent to which effect has been given to that provision by legislative or other action. Reservations made by States Parties to the Convention in accordance with article 42 thereof shall. under the constitutional system of the Federation. 2. 4. of the Convention by a State Party thereto which accedes to the present Protocol shall be deemed to apply in respect of the present Protocol. of the present Protocol that come within the legislative jurisdiction of constituent States. provinces or cantons which are not. paragraph 1. Declarations made under article 40. provided that in the case of a State Party to the Convention reservations made under this article shall not extend to refugees in respect of whom the Convention applies. paragraphs 1 and 2. (b) With respect to those articles of the Convention to be applied in accordance with article I. 3. any State may make reservations in respect of article IV of the present Protocol and in respect of the application in accordance with article I of the present Protocol of any provisions of the Convention other than those contained in articles 1. be applicable in relation to their obligations under the present Protocol. provinces or cantons at the earliest possible moment.172 ARTICLE 6 Federal clause In the case of a Federal or non-unitary State. supply a statement of the law and practice of the Federation and its constituent units in regard to any particular provision of the Convention to be applied in accordance with article I. 4. 16(1) and 33 thereof.

The provisions of article 40. ARTICLE 8 Entry into Force of Protocol 1. The Secretary-General will transmit certified copies thereof to all States Members of the United Nations and to the other States referred to in article 5 above. of which the Chinese. ARTICLE 10 Notifications by the Secretary-General of the United Nations The Secretary-General of the United Nations shall inform the States referred to in article 5 above of the date of entry into force. shall be deposited in the archives of the Secretariat of the United Nations. ARTICLE 9 Denunciation 1. reservations and withdrawals of reservations to and denunciations of the present Protocol. paragraphs 2 and 3. and of article 44. 2. Any State Party hereto may denounce this Protocol at any time by a notification addressed to the Secretary-General of the United Nations. French. of the Convention shall be deemed to apply mutatis mutandis to the present Protocol. accessions. and of declarations and notifications relating hereto. Russian and Spanish texts are equally authentic.173 trary is addressed by the State Party concerned to the Secretary-General of the United Nations. The present Protocol shall come into force on the day of deposit of the sixth instrument of accession. signed by the President of the General Assembly and by the Secretary-General of the United Nations. paragraph 3. 2. For each State acceding to the Protocol after the deposit of the sixth instrument of accession. Such denunciation shall take effect for the State Party concerned one year from the date on which it is received by the Secretary-General of the United Nations. English. . the Protocol shall come into force on the date of deposit by such State of its instrument of accession. ARTICLE 11 Deposit in the archives of the Secretariat of the United Nations A copy of the present Protocol.

174 III.4. AGREEMENT RELATING TO REFUGEE SEAMEN The Hague, 23 November 1957 506 U.N.T.S. 125

AUSTRALIA 18 Apr 1973, BELGIUM 16 May 1959, BOSNIA AND HERZEGOVINA 23 Aug 1993 (*declaration of continuity), CANADA 30 May 1969, DENMARK 2 Sep 1959, FRANCE 20 Jun 1958, GERMANY 28 Sep 1961, IRELAND 21 Apr 1964, ITALY 31 Oct 1966 (*general declaration), MAURITIUS 24 Aug 1970, MONACO 11 Apr 1960, MOROCCO 20 May 1959, NETHERLANDS 27Aug 1959 (*territorial; extension to Aruba 1 January 1986), NEW ZEALAND 21 Oct 1974, NORWAY 28 May 1959, PORTUGAL 3 Mar 1965 (*general declaration), SLOVENIA 14 June 1993 (*declaration of continuity), SWEDEN 28 May 1959, SWITZERLAND 12 Dec 1962, UK 9 Aug 1958 (*territorial) YUGOSLAVIA 4 Dec 1963.

CHAPTER I Article 1 For the purpose of this Agreement: (a) the term “Convention” shall apply to the Convention relating to the Status of Refugees of 28 July 1951; (b) the term “refugee seaman” shall apply to any person who, being a refugee according to the definition in Article 1 of the Convention and the declaration or notification made by the Contracting State concerned in accordance with Section B of that Article, is serving as a seafarer in any capacity on a mercantile ship, or habitually earns his living as a seafarer on such a ship.

CHAPTER II Article 2 A refugee seaman who is not lawfully staying in the territory of any State and who is not entitled to admission for the purpose of so staying to the territory of any State, other than a State where he has well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, shall become entitled to be regarded, for the purpose of Article 28 of the Convention, as lawfully staying in the territory: (a) of the Contracting Party under whose flag he, while a refugee, has served as a seafarer for a total of 600 days within the three years preceding the application of this Agreement to his case on ships calling at least twice a year at ports in that territory, provided that for the purposes of this paragraph no account shall

175 be taken of any service performed while or before he had a residence established in the territory of another State; or, if there is no such Contracting Party, (a) of the Contracting Party where he, while a refugee, has had his last lawful residence in the three years preceding the application of this Agreement to his case, provided that he has not, in the meantime, had a residence established in the territory of another State. Article 3 A refugee seaman who on the date when this Agreement enters into force: (i) is not lawfully staying in the territory of any State and is not entitled to admission for the purpose of so staying to the territory of any State, other than a State where he has well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, and (ii) is not in accordance with Article 2 of this Agreement regarded as lawfully staying in the territory of a Contracting Party shall become entitled to be regarded, for the purpose of Article 28 of the Convention, as lawfully staying in the territory: (a) of the Contracting Party which after 31 December 1945 and before the entry into force of this Agreement last issued to, or extended or renewed for him, while a refugee, a travel document valid for return to that territory whether or not that document is still in force; or, if there is no such Contracting Party, (b) of the Contracting Party where he, while a refugee, after 31 December 1945 and before the entry into force of this Agreement was last lawfully staying; or, if there is no such Contracting Party, (b) of the Contracting Party under whose flag he, while a refugee, after 31 December 1945 and before the entry into force of this Agreement last has served as a seafarer for a total of 600 days within any period of three years on ships calling at least twice a year at ports in that territory. Article 4 Unless otherwise decided by the Contracting Party concerned, a refugee seaman will cease to be regarded as lawfully staying in the territory of a Contracting Party when he, after the date upon which he, in accordance with Article 2 or 3 of this Agreement, last became entitled to be so regarded: (a) has established his residence in the territory of another State, or (b) within any period of six years following that date, has been serving a total of 1350 days on ships flying the flag of one other State, or

176 (c) within any period of three years following that date, neither has served at least a total of 30 days as a seafarer on ships flying the flag of that Contracting Party and calling at least twice a year at ports in its territory nor has stayed for at least a total of 10 days in the territory of that Party. Article 5 For the purpose of improving the position of the greatest possible number of refugee seamen, a Contracting Party shall give sympathetic consideration to extending the benefits of this Agreement to refugee seamen who, according to its provisions, do not qualify for those benefits.

CHAPTER III Article 6 A Contracting Party shall grant to a refugee seaman in possession of a travel document issued by another Contracting Party and valid for return to the territory of that Contracting Party the same treatment as regards admission to its territory in pursuance of a previous arrangement to serve on a ship, or for shore-leave, as is granted to seafarers who are nationals of the last mentioned Party, or at least treatment not less favourable than is granted to alien seafarers generally. Article 7 A Contracting Party shall give sympathetic consideration to a request for temporary admission to its territory by a refugee seaman who holds a travel document valid for return to the territory of another Contracting Party with a view to facilitating his establishment in another State or for other good reasons. Article 8 A Contracting Party shall endeavour to ensure that any refugee seaman who serves under its flag and cannot obtain a valid travel document is provided with identity papers. Article 9 No refugee seaman shall be forced, as far as it is in the power of the Contracting Parties, to stay on board a ship if his physical or mental health would thereby be seriously endangered.

177 Article 10 No refugee seaman shall be forced, as far as it is in the power of the Contracting Parties, to stay on board a ship which is bound for a port, or is due to sail through waters, where he has well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion. Article 11 The Contracting Party in the territory of which a refugee seaman is lawfully staying or, in accordance with this Agreement, is for the purpose of Article 28 of the Convention regarded as lawfully staying, shall admit him to its territory if so requested by the Contracting Party in whose territory that seaman finds himself. Article 12 Nothing in this Agreement shall be deemed to impair any rights or benefits granted by a Contracting Party to refugee seamen apart from this Agreement. Article 13 (1) A Contracting Party may, for compelling reasons of national security or public order, consider itself released from the obligations incumbent on it under this Agreement with regard to a refugee seaman. The refugee seaman in question shall be allowed such period as may be reasonable in the circumstances to submit to the competent authority evidence to clear himself, except where there are reasonable grounds for regarding the refugee seaman in question as a danger to the security of the country where he is. (2) A decision made in accordance with paragraph 1 of this Article does not, however, release the Contracting Party in question from its obligations under Article 11 of this Agreement with respect to a refugee seaman to whom it has issued a travel document, unless the request for admission to its territory is presented to that Party by another Contracting Party more than 120 days after the expiration of that travel document.

CHAPTER IV Article 14 Any dispute between the Contracting Parties relating to the interpretation or application of this Agreement, which cannot be settled by other means, shall be referred to the International Court of Justice at the request of any one of the parties to the dispute.

178 Article 15 This Agreement shall be subject to ratification. Instruments of ratification shall be deposited with the Government of the Kingdom of the Netherlands. Article 16 This Agreement shall come into force on the 90th day following the day of deposit of the eighth instrument of ratification. Article 17 (1) Any Government which undertakes obligations with respect to refugee seamen under Article 28 of the Convention or obligations corresponding thereto may accede to this Agreement. (2) Instruments of accession shall be deposited with the Government of the Kingdom of the Netherlands. (3) This Agreement shall come into force with respect to each acceding Government on the 90th day following the day upon which its instrument of accession was deposited, but not before the date of entry into force as defined in Article 16. Article 18 (1) Any Government may, at the time of ratification or accession or at any time thereafter, declare that this Agreement shall extend to any territory or territories for the international relations of which it is responsible, provided that it has undertaken in relation thereto such obligations as are mentioned in paragraph (1) of Article 17. (2) Such extension shall be made by a notification addressed to the Government of the Kingdom of the Netherlands. (3) The extension shall take effect on the 90th day following the day upon which the notification was received by the Government of the Kingdom of the Netherlands, but not before the date of entry into force as defined in Article 16. Article 19 (1) A Contracting Party may denounce this Agreement at any time by a notification addressed to the Government of the Kingdom of the Netherlands. (2) The denunciation shall take effect one year from the date upon which the notification was received by the Government of the Kingdom of the Netherlands, provided that where the Agreement has been denounced by a Contracting Party, any other Contracting Party after consulting the remaining Parties, may denounce the Agreement with effect from the same date, so however, that not less than six months notice is given.

179 Article 20 (1) A Contracting Party which has made a notification under Article 18 may, at any time thereafter, by a notification addressed to the Government of the Kingdom of the Netherlands, declare that the Agreement shall cease to apply to the territory or territories specified in the notification. (2) The Agreement shall cease to apply to the territory concerned one year from the date upon which the notification was received by the Government of the Kingdom of the Netherlands. Article 21 The Government of the Kingdom of the Netherlands shall inform the Governments mentioned in the Preamble and all acceding Governments of deposits and notifications made in accordance with Articles 15, 17, 18, 19 and 20.

180 III.5. PROTOCOL RELATING TO REFUGEE SEAMEN The Hague, 12 June 1973 965 U.N.T.S. 445

AUSTRALIA 10 Dec 1973, BELGIUM 22 Mar 1977, BOSNIA AND HERZEGOVINA 23 Aug 1993 (*declaration of continuity), CANADA 9 Jan 1975, DENMARK 24 Jan 1974, FRANCE 16 Jul 1975 (*2), GERMANY 13 Aug 1975, ITALY 23 Feb 1981 (*general), MOROCCO 18 Sep 1974 (*general), NETHERLANDS 9 Oct 1973 (*territorial, extension to Aruba 1 January 1986), NORWAY 12 Feb 1974, SLOVENIA 14 Jun 1993(*declaration of continuity), SWEDEN 25 Sep 1973, SWITZERLAND 30 Dec 1974, UK 12 Nov 1974 (*territorial) YUGOSLAVIA 23 Sep 1976.

Article 1 (1) The Contracting Parties to the present Protocol undertake to apply Articles 2 and 4 to 13 inclusive of the Agreement to refugee seamen as hereinafter defined. (2) For the purpose of the present Protocol, the term “refugee seaman” shall apply to any person who, being a refugee according to the definition in paragraph 2 of Article I of the Protocol relating to the Status of Refugees of 31 January 1967, is serving as a seafarer in any capacity on a mercantile ship, or habitually earns his living as a seafarer on such a ship. (3) The present Protocol shall be applied without any geographic limitation, save that existing declarations made by the States already Parties to the Convention in accordance with Article 1B(1)(a) of the Convention, shall, unless extended under Article 1B(2) thereof, apply also under the present Protocol. Article 2 Any dispute between the Contracting Parties to the present Protocol relating to the interpretation or application of any of its provisions which cannot be settled by other means shall be referred to the International Court of Justice at the request of any one of the Parties to the dispute. Article 3 (1) The present Protocol shall be open for acceptance or approval on behalf of all the Governments which have signed the Agreement or have acceded thereto and of any other Government which undertakes obligations with respect to refugee seamen under Article 28 of the Convention or obligations corresponding thereto. (2) Instruments of acceptance or approval shall be deposited with the Government of the Kingdom of the Netherlands.

181 Article 4 (1) The present Protocol shall come into force on the 90th day following the date of deposit of the eighth instrument of acceptance or approval. (2) For each Government accepting or approving the present Protocol after the deposit of the eighth instrument of acceptance or approval, the present Protocol shall come into force on the date of deposit by such Government of its instrument of acceptance or approval. Article 5 (1) Any Government may, at the time of the deposit of its instrument of acceptance or approval, or at any time thereafter, declare that the present Protocol shall extend to any territory or territories for the international relations of which it is responsible, provided that it has undertaken in relation thereto such obligations as are mentioned in paragraph 1 of Article III. (2) Such extension shall be made by notification addressed to the Government of the Kingdom of the Netherlands. (3) The extension shall take effect on the 90th day following the date upon which the notification was received by the Government of the Kingdom of the Netherlands, but not before the date of the entry into force of the present Protocol for the notifying Government as specified in Article IV. Article 6 (1) A Contracting Party may denounce the present Protocol at any time by a notification addressed to the Government of the Kingdom of the Netherlands. (2) The denunciation shall take effect one year from the date upon which the notification was received by the Government of the Kingdom of the Netherlands. Where the present Protocol has been denounced by a Contracting Party, any other Contracting Party after consulting the remaining Parties, may denounce the Protocol with effect from the same date, provided not less than six months’ notice is given. Article 7 (1) A Contracting Party which has made a notification under Article V may at any time thereafter declare by a notification addressed to the Government of the Kingdom of the Netherlands that the present Protocol shall cease to apply to any territory or territories specified in the notification. (2) The present Protocol shall cease to apply to any territory or territories concerned one year from the date upon which the notification was received by the Government of the Kingdom of the Netherlands.

182 Article 8 The Government of the Kingdom of the Netherlands shall inform all the Governments which have signed the Agreement or have acceded thereto and all other Governments which have accepted or approved the present Protocol of any deposits and notifications made in accordance with Articles III, V, VI and VII. Article 9 A copy of the present Protocol, of which the English and French texts are equally authentic, signed by the Minister for Foreign Affairs of the Kingdom.

183 III.6. DECLARATION ON TERRITORIAL ASYLUM G.A.Res. 2312 (XXII) of 14 December 1967

The General Assembly, Noting that the purposes proclaimed in the Charter of the United Nations are to maintain international peace and security, to develop friendly relations among all nations and to achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion. Mindful of the Universal Declaration of Human Rights, which declares in article 14 that: “1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. “2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations,” Recalling also article 13, paragraph 2, of the Universal Declaration of Human Rights, which states: “Everyone has the right to leave any country, including his own, and to return to his country” Recognizing that the grant of asylum by a State to persons entitled to invoke article 14 of the Universal Declaration of Human Rights is a peaceful and humanitarian act and that, as such, it cannot be regarded as unfriendly by any other State, Recommends that, without prejudice to existing instruments dealing with asylum and the status of refugees and stateless persons, States should base themselves in their practices relating to territorial asylum on the following principles: Article 1 1. Asylum granted by a State, in the exercise of its sovereignty, to persons entitled to invoke article 14 of the Universal Declaration of Human Rights, including persons struggling against colonialism, shall be respected by all other States. 2. The right to seek and to enjoy asylum may not be invoked by any person with respect to whom there are serious reasons for considering that he has committed a crime against peace, a war crime or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes. 3. It shall rest with the State granting asylum to evaluate the grounds for the grant of asylum.

184 Article 2 1. The situation of persons referred to in article 1, paragraph 1, is, without prejudice to the sovereignty of States and the purposes and principles of the United Nations, of concern to the international community. 2. Where a State finds difficulty in granting or continuing to grant asylum, States individually or jointly or through the United Nations shall consider, in a spirit of international solidarity, appropriate measures to lighten the burden on that State. Article 3 1. No person referred to in article 1, paragraph 1, shall be subjected to measures such as rejection at the frontier or, if he has already entered the territory in which he seeks asylum, expulsion or compulsory return to any State where he may be subjected to persecution. 2. Exception may be made to the foregoing principle only for overriding reasons of national security or in order to safeguard the population, as in the case of a mass influx of persons. 3. Should a State decide in any case that exception to the principle stated in paragraph I of this article would be justified, it shall consider the possibility of granting to the persons concerned, under such conditions as it may deem appropriate, an opportunity, whether by way of provisional asylum or otherwise, of going to another State. Article 4 States granting asylum shall not permit persons who have received asylum to engage in activities contrary to the purposes and principles of the United Nations.

185 III.7. CONVENTION GOVERNING THE SPECIFIC ASPECTS OF REFUGEE PROBLEMS IN AFRICA Addis Ababa, 10 September 1969 1001 U.N.T.S. 45

ALGERIA 24 May 1974, ANGOLA 30 Apr 1981, BENIN 26 Feb 1973, BOTSWANA 4 May 1995, BURKINA FASO 19 Mar 1974, BURUNDI 31 Oct 1975, CAMEROON 7 Sep 1975, CAPE VERDE 16 Feb 1989, CENTRAL AFRICAN REPUBLIC 23 Jul 1970, CHAD 12 Aug 1981, CONGO 16 Jan 1971, EGYPT 12 Jun 1980, EQUATORIAL GUINEA 8 Sep 1980, ETHIOPIA 15 Oct 1973, GABON 21 Mar 1986, GAMBIA 12 Nov 1980, GHANA 19 Jun 1975, GUINEA 18 Oct 1972, GUINEA-BISSAU 27 Jun 1989, KENYA 23 Jun 1992, LESOTHO 18 Nov 1988, LIBERIA 1 Oct 1971, LIBYA 25 Apr 1981, MALAWI 4 Nov 1987, MALI 10 Oct 1981, MAURITANIA 22 Jul 1972, MOZAMBIQUE 22 Feb 1989, NIGER 16 Sep 1971, NIGERIA 23 May 1986, RWANDA 19 Nov 1979, SENEGAL 1 Apr 1971, SEYCHELLES 11 Sep 1980, SIERRA LEONE 28 Dec 1987, SOUTH AFRICA 15 Dec 1995, SUDAN 24 Dec 1972, SWAZILAND 16 Jan 1989, TANZANIA 10 Jan 1975, TOGO 10 Apr 1970, TUNISIA 17 Nov 1989, UGANDA 24 Jul 1987, ZAIRE 14 Feb 1973, ZAMBIA 30 Jul 1973, ZIMBABWE 28 Sep 1985

ARTICLE 1 Definition of the term “Refugee” 1. For the purposes of this Convention, the term “refugee” shall mean every person who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country, or who, not having a nationality and being outside the country of his former habitual residence as a result of such events is unable or, owing to such fear, is unwilling to return to it. 2. The term “refugee” shall also apply to every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality. 3. In the case of a person who has several nationalities, the term “a country of which he is a national” shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of which he is a national if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national. 4. This Convention shall cease to apply to any refugee if: (a) he has voluntarily re-availed himself of the protection of the country of his nationality, or, (b) having lost his nationality, he has voluntarily reacquired it, or, (c) he has acquired a new nationality, and enjoys the protection of the country of his new nationality,

186 or, (d) he has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution, or, (e) he can no longer, because the circumstances in connection with which he was recognized as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality, or, (f ) he has committed a serious nonpolitical crime outside his country of refuge after his admission to that country as a refugee, or, (g) he has seriously infringed the purposes and objectives of this Convention. 5. The provisions of this Convention shall not apply to any person with respect to whom the country of asylum has serious reasons for considering that: (a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; (b) he committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee; (c) he has been guilty of acts contrary to the purposes and principles of the Organization of African Unity; (d) he has been guilty of acts contrary to the purposes and principles of the United Nations. 6. For the purposes of this Convention, the Contracting State of Asylum shall determine whether an applicant is a refugee. ARTICLE 2 Asylum 1. Member States of the OAU shall use their best endeavours consistent with their respective legislations to receive refugees and to secure the settlement of those refugees who, for well-founded reasons, are unable or unwilling to return to their country of origin or nationality. 2. The grant of asylum to refugees is a peaceful and humanitarian act and shall not be regarded as an unfriendly act by any Member State. 3. No person shall be subjected by a Member State to measures such as rejection at the frontier, return or expulsion, which would compel him to return to or remain in a territory where his life, physical integrity or liberty would be threatened for the reasons set out in Article I, paragraphs 1 and 2. 4. Where a Member State finds difficulty in continuing to grant asylum to refugees, such Member State may appeal directly to other Member States and through the OAU, and such other Member States shall in the spirit of African solidarity and international co-operation take appropriate measures to lighten the burden of the Member State granting asylum. 5. Where a refugee has not received the right to reside in any country of asylum, he may be granted temporary residence in any country of asylum in which he first presented himself as a refugee pending arrangement for his resettlement in accordance with the preceding paragraph.

187 6. For reasons of security, countries of asylum shall, as far as possible, settle refugees at a reasonable distance from the frontier of their country of origin. ARTICLE 3 Prohibition of Subversive Activities 1. Every refugee has duties to the country in which he finds himself, which require in particular that he conforms with its laws and regulations as well as with measures taken for the maintenance of public order. He shall also abstain from any subversive activities against any Member State of the OAU. 2. Signatory States undertake to prohibit refugees residing in their respective territories from attacking any State Member of the OAU, by any activity likely to cause tension between Member States, and in particular by use of arms, through the press, or by radio. ARTICLE 4 Non-Discrimination Member States undertake to apply the provisions of this Convention to all refugees without discrimination as to race, religion, nationality, membership of a particular social group or political opinions. ARTICLE 5 Voluntary Repatriation 1. The essentially voluntary character of repatriation shall be respected in all cases and no refugee shall be repatriated against his will. 2. The country of asylum, in collaboration with the country of origin, shall make adequate arrangements for the safe return of refugees who request repatriation. 3. The country of origin, on receiving back refugees, shall facilitate their resettlement and grant them the full rights and privileges of nationals of the country, and subject them to the same obligations. 4. Refugees who voluntarily return to their country shall in no way be penalized for having left it for any of the reasons giving rise to refugee situations. Whenever necessary, an appeal shall be made through national information media and through the Administrative Secretary-General of the OAU, inviting refugees to return home and giving assurance that the new circumstances prevailing in their country of origin will enable them to return without risk and to take up a normal and peaceful life without fear of being disturbed or punished, and that the text of such appeal should be given to refugees and clearly explained to them by their country of asylum.

188 5. Refugees who freely decide to return to their homeland, as a result of such assurances or on their own initiative, shall be given every possible assistance by the country of asylum, the country of origin, voluntary agencies and international and intergovernmental organizations, to facilitate their return. ARTICLE 6 Travel Documents 1. Subject to Article III, Member States shall issue to refugees lawfully staying in their territories travel documents in accordance with the United Nations Convention relating to the Status of Refugees and the Schedule and Annex thereto, for the purpose of travel outside their territory, unless compelling reasons of national security or public order otherwise require. Member States may issue such a travel document to any other refugee in their territory. 2. Where an African country of second asylum accepts a refugee from a country of first asylum, the country of first asylum may be dispensed from issuing a document with a return clause. 3. Travel documents issued to refugees under previous international agreements by States Parties thereto shall be recognized and treated by Member States in the same way as if they had been issued to refugees pursuant to this Article. ARTICLE 7 Co-operation of the National Authorities with the Organization of African Unity In order to enable the Administrative Secretary-General of the Organization of African Unity to make reports to the competent organs of the Organization of African Unity, Member States undertake to provide the Secretariat in the appropriate form with information and statistical data requested concerning: (a) the condition of refugees; (b) the implementation of this Convention, and (c) laws, regulations and decrees which are, or may hereafter be, in force relating to refugees. ARTICLE 8 Cooperation with the Office of the United Nations High Commissioner for Refugees 1. Member States shall co-operate with the Office of the United Nations High Commissioner for Refugees. 2. The present Convention shall be the effective regional complement in Africa of the 1951 United Nations Convention on the Status of Refugees.

189 ARTICLE 9 Settlement of Disputes Any dispute between States signatories to this Convention relating to its interpretation or application, which cannot be settled by other means, shall be referred to the Commission for Mediation, Conciliation and Arbitration of the Organization of African Unity, at the request of any one of the Parties to the dispute. ARTICLE 10 Signature and Ratification 1. This Convention is open for signature and accession by all Member States of the Organization of African Unity and shall be ratified by signatory States in accordance with their respective constitutional processes. The instruments of ratification shall be deposited with the Administrative Secretary-General of the Organization of African Unity. 2. The original instrument, done if possible in African languages, and in English and French, all texts being equally authentic, shall be deposited with the Administrative Secretary-General of the Organization of African Unity. 3. Any independent African State, Member of the Organization of African Unity, may at any time notify the Administrative Secretary-General of the Organization of African Unity of its accession to this Convention. ARTICLE 11 Entry into force This Convention shall come into force upon deposit of instruments of ratification by one-third of the Member States of the Organization of African Unity. ARTICLE 12 Amendment This Convention may be amended or revised if any member State makes a written request to the Administrative Secretary-General to that effect, provided however that the proposed amendment shall not be submitted to the Assembly of Heads of State and Government for consideration until all Member States have been duly notified of it and a period of one year has elapsed. Such an amendment shall not be effective unless approved by at least two-thirds of the Member States Parties to the present Convention.

190 ARTICLE 13 Denunciation 1. Any Member State Party to this Convention may denounce its provisions by a written notification to the Administrative Secretary-General. 2. At the end of one year from the date of such notification, if not withdrawn, the Convention shall cease to apply with respect to the denouncing State. ARTICLE 14 Registration Upon entry into force of this Convention, the Administrative Secretary-General of the OAU shall register it with the Secretary-General of the United Nations, in accordance with Article 102 of the Charter of the United Nations. ARTICLE 15 Notifications by the Administrative Secretary-General of the Organization of African Unity The Administrative Secretary-General of the Organization of African Unity shall inform all Members of the Organization: (a) of signatures, ratifications and accessions in accordance with Article 10; (b) of entry into force, in accordance with Article 11; (c) of requests for amendments submitted under the terms of Article 12; (d) of denunciations, in accordance with Article 13.

8. 8 (XXVIII) 1977 ON DETERMINATION OF REFUGEE STATUS The Executive Committee. immigration officer or border police officer) to whom the applicant addresses himself at the border or in the territory of a Contracting State. (a) Noted the report of the High Commissioner concerning the importance of procedures for determining refugee status. whether administrative or judicial. of which they should be duly informed. He should also be permitted to remain in the country while an appeal to a higher administrative authority or to the courts is pending. (vii) The applicant should be permitted to remain in the country pending a decision on his initial request by the competent authority referred to in paragraph (iii) above. with satisfaction that the establishment of such procedures was under active consideration by a number of Governments. however. for submitting his case to the authorities concerned. (d) Expressed the hope that all Governments parties to the 1951 Convention and the 1967 Protocol which had not yet done so would take steps to establish such procedures in the Near future and give favourable consideration to UNHCR participation in such procedures in appropriate form. (c) Noted. to contact a representative of UNHCR. according to the prevailing system. (v) If the applicant is recognized as a refugee. either to the same or to a different authority. (iii) There should be a clearly identified authority – wherever possible a single central authority – with responsibility for examining requests for refugee status and taking a decision in the first instance. (vi) If the applicant is not recognized.g. He should be required to act in accordance with the principle of non-refoulement and to refer such cases to a higher authority. he should be informed accordingly and issued with documentation certifying his refugee status. including the services of a competent interpreter. should have clear instructions for dealing with cases which might be within the purview of the relevant international instruments. (ii) The applicant should receive the necessary guidance as to the procedure to be followed. . he should be given a reasonable time to appeal for a formal reconsideration of the decision. (iv) The applicant should be given the necessary facilities. (b) Noted that only a limited number of States parties to the 1951 Convention and the 1967 Protocol had established procedures for the formal determination of refugee status under these instruments. UNHCR EXECUTIVE COMMITTEE CONCLUSION NO. Applicants should also be given the opportunity. unless it has been established by that authority that his request is clearly abusive. (e) Recommended that procedures for the determination of refugee status should satisfy the following basic requirements: (i) The competent official (e.191 III.

192 (f ) Requested UNHCR to prepare. after due consideration of the opinions of States parties to the 1951 Convention and the 1967 Protocol. a detailed study on the question of the extra-territorial effect of determination of refugee status in order to enable the Committee to take a considered view on the matter at a subsequent session taking into account the opinion expressed by representatives that the acceptance by a Contracting State of refugee status as determined by other States parties to these instruments would be generally desirable. . (g) Requested the Office to consider the possibility of issuing – for the guidance of Governments – a handbook relating to procedures and criteria for determining refugee status and circulating – with due regard to the confidential nature of individual requests and the particular situations involved – significant decisions on the determination of refugee status.

Adopted the following conclusions on the reunification of separated refugee families. 1. 6. It is hoped that countries of asylum will apply liberal criteria in identifying those family members who can be admitted with a view to promoting a comprehensive reunification of the family. In application of the principle of the unity of the family and for obvious humanitarian reasons. The generally positive trends in regard to the reunification of separated refugee families are greatly to be welcomed but a number of outstanding problems still need to be resolved. In order to promote the rapid integration of refugee families in the country of settlement. given rise to a number of particularly delicate problems relating to unaccompanied minors. The separation of refugee families has. . Such efforts are of particular importance before an adoption – involving a severance of links with the natural family – is decided upon.193 III. 5. joining close family members should in principle be granted the same legal status and facilities as the head of the family who has been formally recognized as a refugee. Every effort should be made to trace the parents or other close relatives of unaccompanied minors before their resettlement. 24 (XXXII) 1981 ON FAMILY REUNIFICATION The Executive Committee. Given the recognized right of everyone to leave any country including his own. 8. 9. 2. 4. UNHCR EXECUTIVE COMMITTEE CONCLUSION NO. In appropriate cases family reunification should be facilitated by special measures of assistance to the head of family so that economic and housing difficulties in the country of asylum do not unduly delay the granting of permission for the entry of the family members. For this purpose it is desirable that countries of asylum and countries of origin support the efforts of the High Commissioner to ensure that the reunification of separated refugee families takes place with the least possible delay.9. in certain regions of the world. Efforts to clarify their family situation with sufficient certainty should also be continued after resettlement. the absence of documentary proof of the formal validity of a marriage or of the filiation of children should not per se be considered as an impediment. countries of origin should facilitate family reunification by granting exit permission to family members of refugees to enable them to join the refugee abroad. When deciding on family reunification. 7. every effort should be made to ensure the reunification of separated refugee families. 3.

the applicant should be given a complete personal interview by a fully qualified official and. 28 (XXXIII) adopted at its thirty-third session in which the need for measures to meet the problem of manifestly unfounded or abusive applications for refugee status was recognized. Such applications are burdensome to the affected countries and detrimental to the interests of those applicants who have good grounds for requesting recognition as refugees. UNHCR EXECUTIVE COMMITTEE CONCLUSION NO. (e) Recognized the substantive character of a decision that an application for refugee status is manifestly unfounded or abusive. (c) Noted that applications for refugee status by persons who clearly have no valid claim to be considered refugees under the relevant criteria constitute a serious problem in a number of States parties to the 1951 Convention and the 1967 Protocol. (iii) an unsuccessful applicant should be enabled to have a negative decision reviewed before rejection at the frontier or forcible removal from the territory. (a) Recalled Conclusion No. (ii) the manifestly unfounded or abusive character of an application should be established by the authority normally competent to determine refugee status. . (b) Recalled Conclusion No. by an official of the authority competent to determine refugee status. This review possibility can be more simplified than that available in the case of rejected applications which are not considered manifestly unfounded or abusive. governments should give favourable consideration to their establishment.194 III. 30 (XXXIV) 1983 ON THE PROBLEM OF MANIFESTLY UNFOUNDED OR ABUSIVE APPLICATIONS FOR REFUGEE STATUS OR ASYLUM The Executive Committee. (d) Considered that national procedures for the determination of refugee status may usefully include special provision for dealing in an expeditious manner with applications which are considered to be so obviously without foundation as not to merit full examination at every level of the procedure.10. the grave consequences of an erroneous determination for the applicant and the resulting need for such a decision to be accompanied by appropriate procedural guarantees and therefore recommended that: (i) as in the case of all requests for the determination of refugee status or the grant of asylum. whenever possible. Where arrangements for such a review do not exist. 8 (XXVIII) adopted at its twenty-eighth session on the Determination of Refugee Status and Conclusion No. 15 (XXX) adopted at its thirtieth session concerning Refugees without an Asylum Country. Such applications have been termed either “clearly abusive” or “manifestly unfounded” and are to be defined as those which are clearly fraudulent or not related to the criteria for the granting of refugee status laid down in the 1951 United Nations Convention relating to the Status of Refugees nor to any other criteria justifying the granting of asylum.

. both problems can be mitigated by overall arrangements for speeding up refugee status determination procedures. and (ii) the introduction of measures that would reduce the time required for the completion of the appeals process.195 (f ) Recognized that while measures to deal with manifestly un-founded or abusive applications may not resolve the wider problem of large numbers of applications for refugee status. for example by: (i) allocating sufficient personnel and resources to refugee status determination bodies so as to enable them to accomplish their task expeditiously.

65 (XLII) which. UNHCR EXECUTIVE COMMITTEE CONCLUSION NO. Taking into account that the application of the cessation clause(s) in the 1951 Convention rests exclusively with the Contracting States. from relevant specialized bodies. but that the High Commissioner should be appropriately involved. for certain individuals. Noting that any declaration by the High Commissioner that the competence accorded to her by the Statute of her Office with regard to certain refugees shall cease to apply. in order to make sure in an objective and verifiable way that the situation which justified the granting of refugee status has ceased to exist. (d) Recognizes therefore that all refugees affected by a group or class decision to apply these cessation clauses must have the possibility. not of a fundamental character. may be useful to States in connection with the application of the cessation clauses as well as the 1951 Convention. upon request. States must carefully assess the fundamental character of the changes in the country of nationality or origin. that States seriously consider an appropriate status. in taking any decision on application of the cessation clauses based on “ceased circumstances”. inter alia. as well as the particular cause of fear of persecution. making use of appropriate information available in this respect. underlined the possibility of use of the cessation clauses in Article IC (5) and (6) of the 1951 Convention in situations where a change of circumstances in a country is of such a profound and enduring nature that refugees from that country no longer require international protection. provided that it is recognized that compelling reasons may. (c) Emphasizes that the “ceased circumstances” cessation clauses shall not apply to refugees who continue to have a well-founded fear of persecution. Believing that a careful approach to the application of the cessation clauses using clearly established procedures is necessary so as to provide refugees with the assurance that their status will not be subject to unnecessary review in the light of temporary changes. (b) Underlines that an essential element in such assessment by States is the fundamental. and can no longer continue to refuse to avail themselves of the protection of their country. Recalling Conclusion No. including the general human rights situation. so as to avoid hardship cases. support the continuation of refugee status. including particularly UNHCR.196 III. stable and durable character of the changes.11. in the situation prevailing in the country of origin. in keeping with the role of the High Commissioner in supervising the application of the provisions of the 1951 Convention as provided for in Article 35 of that Convention. preserving previously acquired rights. (a) Stresses that. inter alia. (e) Recommends. 69 (XLIII) 1992 ON CESSATION OF STATUS The Executive Committee. for persons who have . to have such application in their cases reconsidered on grounds relevant to their individual case.

and that countries of asylum and countries of origin should together facilitate the return. including through relevant international agencies. in giving effect to a decision to invoke the cessation clauses. Where appropriate. return and reintegration assistance should be made available to the returnees by the international community. (f ) Recommends that States. to assure that it takes place in a fair and dignified manner. due to a long stay in that country resulting in strong family. . should in all situations deal humanely with the consequences for the affected individuals or groups. be similarly considered by relevant authorities for those persons who cannot be expected to leave the country of asylum.197 compelling reasons arising out of previous persecution for refusing to re-avail themselves of the protection of their country and recommends also that appropriate arrangements. social and economic links there. which would not put into jeopardy their established situation.

12. departures. refugees and asylum-seekers. photograph. Welcoming the discussion which took place on registration in the context of the Global Consultations on International Protection. 64 (XLI) on refugee women and international protection. protection of access to basic rights.). special protection and assistance needs. as well as Conclusion No. occupation (skills). as well as any subsequent demographic and other changes in the refugee population (such as births. (a) Acknowledges the importance of registration as a tool of protection. calls on States Parties to issue identity papers to refugees. 39 (XXXVI) and Conclusion No. protection against forcible recruitment. (iv) Registration should be conducted in a non-intimidating. UNHCR EXECUTIVE COMMITTEE CONCLUSION NO. 73 (XLIV) on refugee protection and sexual violence. (ii) The registration process should abide by the fundamental principles of confidentiality. house- . should include a sufficient number of female staff and should have clear instructions on the procedures and requirements for registration. including protection against refoulement. and as a means to enable the quantification and assessment of needs and to implement appropriate durable solutions. (iii) The registration process should to the extent possible be easily accessible. 91 (LII) 2001 ON REGISTRATION OF REFUGEES AND ASYLUM-SEEKERS The Executive Committee. and take place in a safe and secure location.198 III. new arrivals. level of education. Noting also that the 1951 Convention relating to the Status of Refugees in article 27. special measures should be taken to ensure the integrity of the registration process. etc. name. family reunification of refugees and identification of those in need of special assistance. Recalling its Conclusion No. marital status. deaths. date of birth (or age). sex. refugees should be registered on an individual basis with the following basic information being recorded: identity document and number. including. Conclusion No. Mindful of the importance accorded to registration in the independent evaluation of UNHCR’s emergency preparedness and response to the Kosovo crisis. where necessary. (v) Personnel conducting the registration. Conclusion No. including the need for confidentiality of information collected. (b) Recommends that the registration of refugees and asylum-seekers should be guided by the following basic considerations: (i) Registration should be a continuing process to record essential information at the time of initial displacement. non-threatening and impartial manner. with due respect for the safety and dignity of refugees. 35 (XXXV) on identity documents for refugees. naturalization. (vi) In principle. should be adequately trained. 22 (XXXII) on the protection of asylum-seekers in situations of large-scale influx. cessation.

to develop further and implement registration guidelines to ensure the quality and comparability of registered data. UNHCR and other relevant organizations. and where appropriate to seek the support and co-operation of UNHCR. Recognizes the confidential nature of personal data and the need to continue to protect confidentiality. current location and place of origin. Requests States. occupational skills and level of education. which have not yet done so. Acknowledges the importance to the international community. date of arrival. and to share these with a view towards developing a more standardized worldwide registration system. Also encourages States and UNHCR to introduce new techniques and tools to enhance the identification and documentation of refugees and asylum-seekers. bearing in mind the resources available. to take all necessary measures to register and document refugees and asylum-seekers on their territory as quickly as possible upon their arrival.199 hold (family) size and composition. particularly developing countries confronted with large-scale influxes and protracted refugee situations. (c) (d) (e) (f ) (g) (h) . especially regarding special needs. also recognizes that the appropriate sharing of some personal data in line with data protection principles can assist States to combat fraud. of sharing statistical data. Emphasizes the critical role of material. on the basis of existing expertise. Encourages States and UNHCR. particularly States. and to identify those not entitled to international protection under the 1951 Convention and/or 1967 Protocol. including biometrics features. financial. to address irregular movements of refugees and asylum-seekers. technical and human resources in assisting host countries in registering and documenting refugees and asylumseekers.

as well as respect for their privacy. Conclusion No. Bearing in mind the need to provide a safe and dignified environment for asylum-seekers as well as discourage misuse of asylum systems. these should address in particular the educational. and medical care. Acknowledging that asylum systems are different. 47 (XXXVIII) on refugee children. which will avoid protracted periods of uncertainty for the asylum-seeker. Conclusion No. Conclusion No. While there is scope for flexibility in the choice of reception arrangements to be put in place. Conclusion No. entailing assistance in kind or financial assistance. Acknowledging the centrality of applicable international human rights law and standards in the development and implementation of reception policies. including food. 84 (XLVIII) on refugee children and adolescents. especially unaccompanied and separated children. Gender and age-sensitivity should be reflected in reception arrangements. ii. as well as Conclusion No. Asylum-seekers should have access to the appropriate governmental and non-governmental entities when they require assistance so that their basic support needs. Recognizing that many asylum-seekers are capable of attaining a certain degree of self-reliance if provided with an opportunity to do so. recreational and other special needs of children. UNHCR EXECUTIVE COMMITTEE CONCLUSION NO. 73 (XLIV) on refugee protection and sexual violence. iii. Conclusion No. Welcoming the discussion which took place on reception of asylum-seekers in individual asylum systems in the context of the Global Consultations on International Protection.200 III. discourage misuse of the asylum system and decrease the overall demands on the reception system. Recalling its Conclusion No. 64 (XLI) on refugee women and international protection. as well as involving both governmental and non-governmental actors. are met. (b) Recommends that the reception of asylum-seekers should be guided by the following general considerations: i. Conclusion No. so as to identify promptly those in need of international protection and those who are not. 82 (XLVIII) on safeguarding asylum. (a) Recognizes the need to establish and apply fair and expeditious asylum procedures. 44 (XXXVII) on detention of refugees and asylum-seekers. or a combination of both. accommodation. 22 (XXXII) on protection of asylum-seekers in situations of large-scale influx. clothing. 93 (LIII) 2002 ON RECEPTION OF ASYLUM-SEEKERS IN THE CONTEXT OF INDIVIDUAL ASYLUM SYSTEMS The Executive Committee. They should also take into account the specific needs . 91 (LII) on registration of refugees and asylumseekers. it is important that the various reception measures respect human dignity and applicable international human rights law and standards.13. psychological.

customs and religions among asylumseekers. which should remain valid until the final decision is taken on the asylum application. In the context of facilitating cooperation between States and UNHCR. (c) Stresses that responsibility and burden-sharing and the availability of durable solutions promote and strengthen the capacity of host States with limited resources to receive asylum-seekers and to provide adequate reception arrangements. of trauma and torture. inter alia. UNHCR should be given access to asylum-seekers in order to exercise its function of international protection. iv. racial discrimination. by promoting respect for asylum-seekers and refugees. and related intolerance directed against asylum-seekers and to take appropriate measures to create or enhance harmonious relationships with the local communities. particularly in the context of reception centres. taking into account the well-being of persons entering reception or other refugee centres. (d) Urges States and UNHCR. Reception arrangements should allow for the unity of the family as present within the territory. the promotion of both is an important responsibility to be pursued in tandem with the arrangements themselves. The range and scope of relevant social and economic benefits may vary. in collaboration with other relevant actors. depending on the nature of the asylum procedure. v. Reception arrangements can be mutually beneficial where they are premised on the understanding that many asylum-seekers can attain a certain degree of self-reliance.201 of victims of sexual abuse and exploitation. inter alia. if provided with the requisite opportunities. and asylum-seekers are entitled to have access to UNHCR. under the supervision of UNHCR. as well as promoting respect for the local culture. ix. to combat acts of racism. as well as of other vulnerable groups. as well as access to reception arrangements. of protection against refoulement. and the type of reception arrangements in place. For the purpose. by creating awareness of their needs. Key to the effective operation of any reception arrangement are public opinion favourable to asylum-seekers and refugees and confidence and trust in the asylum system. and in accordance with data protection and confidentiality principles. . both male and female asylum-seekers should be registered and be issued appropriate documentation reflecting their status as asylum-seeker. vi. vii. xenophobia. viii.

technical and human resources in assisting host countries in registering and documenting refugees and asylum-seekers. other inter-governmental as well as non-governmental organizations to identify opportunities particularly at the national and regional level to cooperate and to consider their respective contributions to the implementation of the Agenda’s Programme of Action. and reiterates the central place of these instruments in the international refugee protection regime and the importance of their full implementation. including through a range of measures which aim to assure the implementation of the High Commissioner’s five commitments to refugee women.14. and encourages all concerned actors to provide timely information on their own follow-up activities to enable UNHCR to comply with the Executive Committee’s request to be kept informed. in particular developing countries and countries in transition which host large numbers of refugees and asylumseekers. UNHCR. welcomes in this context the significant progress achieved in the area of registration as evidenced by the ongoing roll-out of registration and documentation activities under the auspices of Project Profile. and encourages States and UNHCR to continue their work in this regard with the assistance of other relevant actors as appropriate. (d) Notes with appreciation the sustained efforts by UNHCR to address concerns relating to the protection needs of refugee women and children. (f ) Recalls its Conclusion No. UNHCR EXECUTIVE COMMITTEE GENERAL CONCLUSION NO. of the progress achieved and initiatives taken to implement the Agenda for Protection. appeals to States which have not acceded to the 1951 Convention and/or the 1967 Protocol to consider doing so and to States which have made reservations to these instruments to consider lifting them.202 III. . emphasizes its continuing importance. and reiterates in this regard its strong commitment to international solidarity and burden and responsibility sharing. notes that the Agenda for Protection was welcomed by the General Assembly of the United Nations. as well as the translation into concrete action of the five global concerns for refugee children. (b) Encourages States. (e) Recognizes that some countries of asylum. particularly developing countries confronted with largescale influxes and protracted refugee situations. States and non-governmental organizations contained in this year’s Note on International Protection. reiterates the fundamental importance of early registration as a key protection tool and the critical role of material. 99 (LV) 2004 ON INTERNATIONAL PROTECTION The Executive Committee. and calls on UNHCR to report on the results of its implementation of these initiatives. financial. (a) Welcomes the information on implementation of the Agenda for Protection by UNHCR. (c) Welcomes the accession of Saint Vincent and the Grenadines to the 1967 Protocol. 91 (LII) on registration of refugees and asylumseekers. through its Standing Committee. carry a heavy burden.

(k) Welcomes the accession by a number of States to the 1994 Convention on the Safety of United Nations and Associated Personnel. as a result of peacemaking. armed attack. and calls in particular on States in whose territories humanitarian operations are undertaken to safeguard the physical security of all humanitarian personnel and to provide a security environment that allows safe and unhindered access by UNHCR and other humanitarian personnel to persons in need of protection and assistance. condemns in particular the armed attacks which took place in Gatumba transit centre. forced military recruitment. (h) Welcomes the significant achievements in voluntary repatriation over the course of the past year and the further potential for the sustainable voluntary return of considerable numbers of refugees. including local and international staff of UNHCR and its implementing partners. which led to . acknowledges the importance of ensuring the ongoing voluntary nature of refugee returns and the full and equal participation of refugee women in the pursuit of voluntary repatriation and the consolidation of sustainable reintegration. UNHCR and other relevant actors to strengthen their efforts to provide durable solutions for refugees and other persons of concern. (l) Expresses concern at the persecution. (m) Deplores the fact that refugees. often with the help and advice of UNHCR. Burundi.203 (g) Welcomes the development of asylum legislation and the establishment of processes for status determination and admission in a number of countries. returnees and other persons of concern to UNHCR. continue to be subjected to murder. generalized violence and violations of human rights which continue to cause and perpetuate displacement within and beyond national borders and which increase the challenges faced by States in effecting durable solutions. encourages those States which have not acceded to this Convention to consider doing so. violations of or threats to their personal security and other fundamental rights. in August 2004. encourages the States concerned to continue to strengthen their capacity. and welcomes in this regard the technical and financial support of other States and UNHCR as appropriate. reconciliation and reconstruction efforts which have contributed to the resolution of certain long-running conflicts. ( j) Strongly condemns all attacks on humanitarian personnel. and urges States. in particular women and children. (i) Acknowledges the increasing complexities of the environment in which international protection is provided and the many challenges faced by States and by UNHCR in ensuring and providing protection for refugees and other persons of concern. and calls on States to address these challenges while ensuring full respect for the fundamental principle of non-refoulement. separation of families. deplores the rising toll of casualties and mortalities among such personnel. sexual and gender-based violence. including non-rejection at frontiers without access to fair and effective procedures for determining status and protection needs. and urges States to fully investigate such attacks and bring the perpetrators to justice in accordance with international law and national law.

and that all actors are obliged to abstain from any activity which serves to undermine this. and all relevant actors.204 the killing of a large number of Congolese refugees. encourages UNHCR to strengthen its protection presence in the field through the regular review of post locations. the rigorous (n) (o) (p) (q) (r) . and reiterates the importance of full and effective implementation of standards and procedures to better address these needs and to safeguard rights. recognizes that the delivery of international protection is a resource-intensive function. continued efforts to ensure the timely filling of protection posts. and encourages UNHCR. and of working towards their empowerment. and calls upon States to extend their support in this regard through the timely and predictable provision of adequate resources. particularly through training and skills development. in particular through carrying out their respective responsibilities for the introduction of standard operating procedures. and acknowledges the importance of working with refugee men as well as with refugee women and other relevant actors to promote refugee women’s rights. Recalls its Conclusion No. including the reallocation of posts. Strongly encourages States. 94 (LIII) on the civilian and humanitarian character of asylum and the useful discussions which took place on this subject in the context of the Global Consultations on International Protection. in consultation with States and other relevant actors. the creation of additional posts where reallocation is not possible. the proactive deployment of staff in between assignment. in particular to ensure adequate attention to unaccompanied and separated children and to former child soldiers in refugee settings as well as in the context of voluntary repatriation and reintegration measures. in this context. Reiterates that the grant of asylum to refugees is a peaceful and humanitarian act. separation and internment of combatants. 84 (XLVIII) on refugee children and adolescents and other Conclusions relevant to the specific protection needs of this group. Reiterates the importance for UNHCR programmes of gender-sensitive planning and analysis and the value of structured dialogues with refugee women in order to better address their protection needs and safeguard their rights. emphasizes the importance of host States taking appropriate measures to protect refugee camps and settlements including whenever possible through ensuring. particularly to ensure a presence close to refugee settings. to continue this process with a view to elaborating measures for the disarmament of armed elements and the identification. their location at a reasonable distance from the border. Reaffirms that protection must be addressed in a holistic manner by UNHCR. in consultation with UNHCR. UNHCR. to strengthen action to prevent and respond to sexual and gender-based violence. and the active use of various short-term deployment schemes. recalls its Conclusion No. whether alone or in partnership. welcomes the convening by UNHCR of an expert round table in June 2004 which explored these issues further. and also emphasizes the importance of protecting refugees from other forms of threat and harassment from any groups or individuals. and. whenever and wherever necessary.

ensuring the participation of refugee men and women. in conjunction with relevant international organizations as well as representatives of civil society. Welcomes the Multilateral Framework of Understandings on Resettlement. that States will be convening in Mexico City in November 2004.205 implementation of relevant UNHCR Guidelines and related measures highlighted by the Executive Committee in its Conclusion No. requests States. as appropriate. as well as through the active use of resettlement. mindful that exploring greater flexibility in refugee resettlement could assist in expanding resettlement opportunities. 98 (LIV) of 2003. voluntary repatriation. and encourages States to cooperate in the elaboration of a regional plan of action to strengthen further international protection of refugees in the region. UNHCR and other relevant actors to continue their work in developing other strands of the Convention Plus initiative. Acknowledges. upon the generous invitation of the Government of Mexico. the importance of comprehensive approaches. especially for the resolution of protracted and large-scale refugee situations. which incorporate. Encourages States. where and when feasible. developed by the Core Group on the Strategic Use of Resettlement. local integration and resettlement. contributes to the success of such solutions. and refugee children. remains the preferred solution in the majority of refugee situations. notes that the Framework is part of the comprehensive approach envisaged by the Convention Plus initiative. consistent with UNHCR’s Convention Plus initiative. that this pragmatic and flexible instrument continues to encourage the protection of refugees in the region. including those relating to development assistance and to irregular secondary movements of refugees and asylum-seekers. especially to resolve protracted refugee situations. as appropriate and given the specifics of each refugee situation. and stresses the need for voluntary repatriation to occur in and to conditions of safety and dignity. to commemorate this anniversary. UNHCR and other relevant partners to make full use of the Framework. Notes that the year 2004 marks the 20th anniversary of the Cartagena Declaration on Refugees. to ensure protection and a durable solution for victims of sexual and gender-based violence. when appropriate. Reiterates that voluntary repatriation. Encourages States and UNHCR to put into practice the strategic use of resettlement in a spirit of international burden and responsibility sharing. UNHCR and other appropriate United Nations entities and the international community to cooperate in the creation of conditions which would enable the promotion of voluntary repatriation. (s) (t) (u) (v) (w) (x) . in conjunction with other durable solutions. encourages UNHCR. States and other relevant actors to pursue comprehensive arrangements for specific refugee situations that draw upon combinations of solutions. anticipates that its practical application will improve access to durable solutions for a greater number of refugees and therefore encourages interested States. and also encourages the further development of the group resettlement referral methodology and continuing efforts for its implementation. and notes that a community development approach.

and encourages UNHCR. in particular in view of the limited number of States Parties to the 1961 Convention on the Reduction of Statelessness. or segments thereof. (bb) Notes with concern that many situations of statelessness are of a protracted nature and invites UNHCR to pay particular attention to them and to explore with concerned States measures that would ameliorate those situations and bring them to an end. (aa) Welcomes the publication in March 2004 of the final report of UNHCR’s global survey on statelessness as an important step towards establishing a common understanding of a problem affecting all regions of the world. in consultation with other relevant actors. . on the occasion of the 50th anniversary of the 1954 Convention. in considering local integration. to use and take into account the profiles of groups of refugees within a broader refugee population bearing in mind the differing capacities of the refugee population. to renew its efforts to promote further accession to both Conventions. (z) Welcomes the accession of Uruguay and the Czech Republic to the 1954 Convention relating to the Status of Stateless Persons and of Liberia and Lesotho to the 1961 Convention on the Reduction of Statelessness. and the States hosting them. where appropriate and when feasible. and calls on UNHCR to continue to provide technical and operational support to States with the aim of avoiding and resolving statelessness and furthering the protection of stateless persons.206 (y) Encourages States and UNHCR.

PART FOUR Council of Europe Instruments .

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] ARTICLE 3 Prohibition of torture1 No one shall be subjected to torture or to inhuman or degrading treatment or punishment. 56). TURKEY 18 May 1954. 15. CYPRUS 6 Oct 1962. LATVIA 27 Jun 1997. 34. SERBIA & MONTENEGRO 3 Mar 2004 (*5. 10. ESTONIA 16 Apr 1996 (*6). . 8. 10(1).S. DENMARK 13 Apr 1953. NETHERLANDS 32 Aug 1954 (*56.7). SWEDEN 4 Feb 1952. 11. [.1. general).] 1 Heading added according to the provisions of Protocol No. EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS AS AMENDED (Excerpts) Rome. 17). BOSNIA & HERZEGOVINA 12 Jul 2002. HUNGARY 5 Nov 1992.S. BULGARIA 7 Sept 1992. BELGIUM 14 June 1955. AZERBAIJAN 15 Apr 2002 (*5. 6. SAN MARINO 23 Mar 1989 (*11. FRANCE 3 May 1974 (*5.3).T. 6(1. . SWITZERLAND 28 Nov 1974. MACEDONIA (FORMER YUGOSLAV REPUBLIC OF) 10 Apr 1997. SLOVAKIA 18 Mar 1992 (*5. 5 ALBANIA 2 Oct 1996 (*general). PORTUGAL 9 Nov 1978 (*5. ARMENIA 26 Apr 2002(*5). 15. 6. 15(1). LITHUANIA 20 Jun 1995 (*5). . UKRAINE 11 Sept 1997 (*15(3). SLOVENIA 28 Jun 1994. 4 November 1950 E. general). ICELAND 29 Jun 1953. 11 (E. [. 56). GREECE 28 Nov 1974. RUSSIA 5 May 1998 (*5(3. CROATIA 5 Nov 1997 (*6(1)). IRELAND 25 Feb 1953 (*6.6). 5). MONACO 30 Nov 2005 (*6.T. MALTA 23 Jan 1967 (*6. 36. CZECH REPUBLIC 18 Mar 1992 (*5. 6.8). 10(1). AUSTRIA 3 Sept 1958 (*5.6). ANDORRA 22 Jan 1996 (*5. ITALY 26 Oct 1955. general). 10). ROMANIA 20 Jun 1994. LUXEMBOURG 3 Sept 1953. general).209 IV. .6). 15). GEORGIA 20 May 1999. 155). 57). . POLAND 19 Jan 1993. NORWAY 15 Jan 1952. 11. SPAIN 4 Oct 1979 (*5. UNITED KINGDOM 8 Mar 1951 ARTICLE 1 Obligation to respect human rights 1 The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention. GERMANY 5 Dec 1952. MOLDOVA 12 Sept 1997 (*1.4)). 14 13. general). LEICHTENSTEIN 8 Sept 1982 (*6. FINLAND 10 May 1990 (*6(1)).

11 (E. 2 Heading added according to the provisions of Protocol No.] ARTICLE 13 Right to an effective remedy1 Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity. .S. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals. . race. ARTICLE 14 Prohibition of discrimination1 The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex. . or for the protection of the rights and freedoms of others.] ARTICLE 8 Right to respect for private and family life1 1. . Everyone has the right to respect for his private and family life. .T. colour. [. for the protection of health or morals. language. 2. where the interests of juveniles or the protection of the private life of the parties so require. 155).210 ARTICLE 6 Right to a fair trial 2 In the determination of his civil right and obligations or of any criminal charge against him. [. public safety or the economic well-being of the country. for the prevention of disorder or crime. everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security. public order or national security in a democratic society.

In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation. except in respect of deaths resulting from lawful acts of war. ARTICLE 173 Prohibition of abuse of rights Nothing in this Convention may be interpreted as implying for any State. 4 (paragraph 1) and 7 shall be made under this provision. group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. 3. [. ARTICLE 15 Derogation in time of emergency1 1. or from Articles 3.T. Any High Contracting Party availing itself of this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor.S. No derogation from Article 2. 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens. political or other opinion. 2. .] 3 Heading added according to the provisions of Protocol No.211 religion. national or social origin. property. association with a national minority. It shall also inform the Secretary General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed. provided that such measures are not inconsistent with its other obligations under international law. birth or other status. 11 (E. 155). . . ARTICLE 16 Restrictions on political activity of aliens 1 Nothing in Articles 10.

16). 11). . 11. 11. 11. For the purposes of this Convention the terms “assistance”. 2. 16). 16). 16). 2. 2. and who are without sufficient resources. 16). 11. 2. “Assistance” means in relation to each Contracting Party all assistance granted under the laws and regulations in force in any part of its territory under which persons without sufficient resources are granted means of subsistence and the care necessitated by their condition. iii. NORWAY 9 Sep 1954 (*1. 16). 16). 14 BELGIUM 24 Jul 1956 (*1. 11. 2. GERMANY 24 Aug 1956 (*1. 2. 7. shall be entitled equally with its own nationals and on the same conditions to social and medical assistance (hereinafter referred to as “assistance”) provided by the legislation in force from time to time in that part of its territory. “nationals”. 11. UK 7 Sep 1954 (*1. 2. provided that a person who has lost his nationality otherwise than by deprivation and has thereby become stateless shall. 11. 11. 2. ESTONIA 20 Jul 2004 (*2. SPAIN 21 Nov 1983 (*1. SWEDEN 2 Sep 1955 (*1. PORTUGAL 4 Jul 1978 (*1. 2. Article 2 a.2. 16). ii. ICELAND 4 Dec 1964 (*1. IRELAND 31 Mar 1954 (*1. TURKEY 2 Dec 1976 (*1. 8. until he has acquired another nationality. 2.S. 11. EUROPEAN CONVENTION ON SOCIAL AND MEDICAL ASSISTANCE Paris. LUXEMBOURG 18 Nov 1958 (*1. 2. 7. 2. that is to say: i.T.212 IV. 11. 16) SECTION I: GENERAL PROVISIONS Article 1 Each of the Contracting Parties undertakes to ensure that nationals of the other Contracting Parties who are lawfully present in any part of its territory to which this Convention applies. 7. continue to be treated as a national. 16). 7. The terms “nationals” and “territory” of a Contracting Party shall have the meaning assigned to them by such a Party in a declaration addressed to the Secretary General of the Council of Europe for communication to all other Contracting Parties. other than non-contributory pensions and benefits paid in respect of war injuries due to foreign occupation. 11. 11). 2. 16). DENMARK 30 Jun 1954 (*1. “Country of origin” means the country of which a person covered by the provisions of the present Convention is a national. 16). MALTA 6 May 1969. 2. GREECE 23 Jun 1960 (*1. 16). 11. 11. 16). “territory” and “country of origin” shall have the following meanings. 11 December 1953 E. ITALY 1 Jul 1958 (*1. FRANCE 30 Oct 1957 (*1. 2. 11. NETHERLANDS 20 July 1955 (*1. 16). 7. 11. 2.

A Contracting Party in whose territory a national of another Contracting Party is lawfully resident shall not repatriate that national on the sole ground that he is in need of assistance. or for at least ten years if he entered it after attaining that age. Article 7 a. a Contracting Party may repatriate a national of another Contracting Party resident in its territory on the sole ground mentioned in Article 6.a if the following conditions are fulfilled: i. he is in a fit state of health to be transported. to help each other to recover the full cost of assistance as far as possible either from third parties under financial obligation to the assisted person or from persons who are liable to contribute to the cost of maintenance of the person concerned.213 b. Nothing in this Convention shall prejudice the right to deport on any ground other than the sole ground mentioned in the previous paragraph. Article 4 The cost of assistance to a national of any of the Contracting Parties shall be borne by the Contracting Party which has granted the assistance. . ii. the person concerned has not been continuously resident in the territory of that Contracting Party for at least five years if he entered it before attaining the age of 55 years. are set forth in Annex I and Annex II respectively.a notwithstanding. so far as their laws and regulations permit. Article 3 Proof of the nationality of the person concerned shall be provided in accordance with the regulations governing such matters under the legislation of the country of origin. b. has no close ties in the territory in which he is resident. and the reservations formulated by Contracting Parties. Article 5 The Contracting Parties undertake. SECTION II: REPATRIATION Article 6 a. and iii. The provisions of Article 6. The laws and regulations in force in the territories of the Contracting Parties and to which the present Convention applies.

In the same spirit. Article 10 a. if they repatriate an assisted person. The Contracting Party repatriating any national in accordance with the provisions of Article 7 shall bear the cost of repatriation as far as the frontier of the territory to which the national is being repatriated. b. if due solely to the inadvertence of the person concerned. Each Contracting Party undertakes to facilitate the transit across its territory of any persons repatriated in accordance with Article 7. The authorities of the country of origin shall duly inform the authorities of any country or countries of transit. The places for handing over such persons shall be decided by arrangement between the competent authorities of the country of residence and the country of origin. .214 b. if any. to accompany the person concerned. the diplomatic or consular authorities of the country of origin shall be advised (if possible. c. When repatriation is decided upon. Each Contracting Party undertakes to receive any of its nationals repatriated in accordance with the provisions of Article 7. b. three weeks in advance) of the repatriation of their national. shall not cause him to cease to be entitled to assistance. Article 9 If the country of which the assisted person claims to be a national does not recognise him as such. SECTION III: RESIDENCE Article 11 a. Article 8 a. the grounds of the disclaimer must be forwarded to the country of residence within thirty days or as soon as possible thereafter. the Contracting Parties agree that. The Contracting Parties agree not to have recourse to repatriation except in the greatest moderation and then only where there is no objection on humanitarian grounds c. facilities should be offered to the spouse and children. Failure to renew any such permit. c. Residence by an alien in the territory of any of the Contracting Parties shall be considered lawful within the meaning of this Convention so long as there is in force in his case a permit or such other permission as is required by the laws and regulations of the country concerned to reside therein.

ii. . b. iv. provided that the absence is not caused by repatriation or deportation. regard shall be had to the intention or otherwise of the person concerned to return to the country of residence and to the extent to which he has preserved his connection therewith during the period of his absence. Service in other ships shall be treated in accordance with the provisions of sub-paragraphs i to iii above.] Article 20 a. In order to determine whether a period of absence of between three and six months shall interrupt the continuity of residence. Periods of absence of six months or more shall be held to interrupt the continuity of residence. [. iii. Proof of continuity of residence may be shown by the production of any evidence acceptable in the country of residence. i. Service in ships registered in the country of residence shall not be held to interrupt the continuity of residence. unless a stay of execution is granted. The competent authorities of the Contracting Parties shall endeavour to resolve by negotiation any dispute relating to the interpretation or application of this Convention. Lawful residence shall become unlawful from the date of any deportation order made out against the person concerned. Article 12 The commencing date of the period of residence laid down in Article 7 shall in each country be established.215 b. Article 14 There shall be excluded in the calculation of length of residence those periods during which the person concerned has been in receipt of assistance from public monies as laid down in the legislative measures mentioned in Annex I. . such as proof of occupational activity or the production of rent receipts. . on the basis of evidence supplied by official investigation or by the documents listed in Annex III or any documents recognised by the laws and regulations of the country as affording proof of residence. Residence shall be regarded as continuous notwithstanding periods of absence of less than three months. in the absence of evidence to the contrary. except in the case of medical treatment for acute illness or short-term medical treatment. Article 13 a.

216 b. shall be made in accordance with the principles and spirit of this Convention and shall be final and binding. c. .] . The decision of the arbitral body or arbitrator. this task shall be entrusted to the Vice-President of the Court or to the next judge in order of seniority not a national of one of the Parties to the dispute. [. in default of such agreement within a further period of three months. by an arbitrator chosen at the request of any of the Contracting Parties concerned by the President of the International Court of Justice. the dispute shall be submitted to arbitration by an arbitral body whose composition and procedure shall be agreed upon by the Contracting Parties concerned or. If any such dispute has not been resolved by negotiation within a period of three months. Should the latter be a national of one of the Parties to the dispute. . as the case may be.

facilitate the prolonged or permanent residence in its territory of nationals of the other Parties.S.217 IV.T. 12(1a. GERMANY 23 Feb 1965 (*4.TURKEY 20 Mar 1990 (21(1). GREECE 2 Mar 1965 (*12(b). 3. 15. and be represented for the purpose before. public health or morality. a national of any Contracting Party who has been so lawfully residing for more than two years in the territory of any other Party shall not be expelled without first being allowed to submit reasons against his expulsion and to appeal to. *30). 16. Nationals of any Contracting Party lawfully residing in the territory of another Party may be expelled only if they endanger national security or offend against ordre public or morality. national security. . 31(1)). RESIDENCE AND EXPULSION Article 1 Each Contracting Party shall facilitate the entry into its territory by nationals of the other Parties for the purpose of temporary visits and shall permit them to travel freely within its territory except when this would be contrary to ordre public. Article 3 1. 2). Except where imperative considerations of national security otherwise require. DENMARK 9 Mar 1961. 21(1)). 19 AUSTRIA signed 13 Dec 1957. 21) CHAPTER I: ENTRY. 11. SWEDEN 24 Jun 1971 (*3. BELGIUM 12 Jan 1962 (*12(lb. 13 December 1955 E.lb).2).lc)). 18). ICELAND signed 13 Dec 1955. Nationals of any Contracting Party who have been lawfully residing for more than ten years in the territory of any other Party may only be expelled for reasons of national security or if the other reasons mentioned in paragraph 1 of this article are of a particularly serious nature. a competent authority or a person or persons specially designated by the competent authority.lc). 23). EUROPEAN CONVENTION ON ESTABLISHMENT Paris.3. 2. 12(la. ITALY 31 Oct 1963 (*19). Article 2 Subject to the conditions set out in Article 1 of this Convention. IRELAND 1 Sep 1966 (*9(1). FRANCE signed 13 Dec 1955. to the extent permitted by its economic and social conditions.lc)). 33(3)). UK 14 Oct 1969 (*9(1. 12(lb. NETHERLANDS 21 May 1969 (*general) NORWAY 20 Nov 1957 (*3(1). each Contracting Party shall. LUXEMBOURG 6 Mar 1969 (*l2(la.

It shall notify the Secretary General of any such changes and he shall communicate them to the other Parties. transmit a list of these restrictions to the Secretary General of the Council of Europe indicating which provisions of its municipal law are the basis of such restrictions. any Contracting Party may. any Contracting Party which has reserved for its nationals or. Article 6 1. possession or use of any categories of property for its own nationals or subject nationals of other Parties to special conditions applicable to aliens in respect of such property. . at the time of the signature of this Convention. possession or use of certain categories of property. The Secretary General shall communicate this information to the other Parties. b. unless it finds itself compelled to do so for imperative reasons of an economic or social character or in order to prevent monopolisation of the vital resources of the country. for reasons of national security or defence. 2. It shall in this event keep the Secretary General fully informed of the measures taken. possession or use of any categories of property by nationals of the other Parties. in the case of aliens including those who are nationals of other Parties. Article 5 Notwithstanding Article 4 of this Convention. reserve the acquisition. after this Convention has entered into force in respect of any Contracting Party. the relevant provisions of municipal law and the reasons for such measures. shall. that Contracting Party shall not introduce any further restrictions as to the acquisition. Apart from cases relating to national security or defence. possession or use of such property conditional upon reciprocity. Each Contracting Party shall endeavour to reduce its list of restrictions for the benefit of nationals of the other Parties. Each Party shall also endeavour to grant to nationals of other Parties such exemptions from the general regulations concerning aliens as are provided for in its own legislation.218 CHAPTER II: EXERCISE OF PRIVATE RIGHTS Article 4 Nationals of any Contracting Party shall enjoy in the territory of any other Party treatment equal to that enjoyed by nationals of the latter Party in respect of the possession and exercise of private rights whether personal rights or rights relating to property. made subject to regulations the acquisition. a. or has made the acquisition. The Secretary General shall forward these lists to the other signatories.

Article 8 1. by reason of their status as aliens or of lack of domicile or residence in the country. from nationals of any Contracting Party. full legal and judicial protection of their persons and property and of their rights and interests. upon a request made through the diplomatic channel. 2. Nationals of any Contracting Party shall be entitled in the territory of any other Party to obtain free legal assistance under the same conditions as nationals of the latter Party. GUARANTEES CHAPTER IV: GAINFUL OCCUPATIONS Article 10 Each Contracting Party shall authorise nationals of the other Parties to engage in its territory in any gainful occupation on an equal footing with its own nationals. Orders to pay the costs and expenses of a trial imposed upon a plaintiff or third party who is exempted from such security. In particular they shall have. the right of access to the competent judicial and administrative authorities and the right to obtain the assistance of any person of their choice who is qualified by the laws of the country. The same rule shall apply to the payment which may be required of plaintiffs or third parties to guarantee legal costs. shall without charge. under the same conditions as nationals of the latter Party. Indigent nationals of a Contracting Party shall be entitled to have copies of actes de l’état civil issued to them free of charge in the territory of another Contracting Party in so far as these are so issued to indigent nationals of the latter Contracting Party. deposit or payment in pursuance either of the preceding paragraphs of this article or of the law of the country in which the proceedings are taken. having their domicile or normal residence in the territory of a Party. 3. who may be plaintiffs or third parties before the Courts of any other Party. No security or deposit of any kind may be required. Article 9 1.219 CHAPTER III: JUDICIAL AND ADMINISTRATIVE Article 7 Nationals of any Contracting Party shall enjoy in the territory of any other Party. be rendered enforceable by the competent authority in the territory of any other Contracting Party. 2. in the same manner as the nationals of the latter Party. .

skilled crafts and the professions. This provision shall apply. Such Party may also. at the time of signature or of deposit of its instrument of ratification of this Convention. provided that after the first period of five years renewal of an authorisation may in no case be refused in respect of the occupation pursued up to that time nor may such renewal be conditional upon any change in that occupation. they have lawfully resided in that territory for an uninterrupted period of ten years. without being made subject to the restrictions referred to in Article 10 of this Convention. b. commercial. increase the period laid down in paragraph 1. Article 13 Any Contracting Party may reserve for its own nationals the exercise of public functions or of occupations connected with national security or defence. in accordance with the same procedure. c.220 unless the said Contracting Party has cogent economic or social reasons for withholding the authorisation. they have been lawfully engaged in a gainful occupation in that territory for an uninterrupted period of five years. Any Contracting Party may. 2. Article 11 Nationals of any Contracting Party who have been allowed by another Party to engage in a gainful occupation for a certain period may not. they have been admitted to permanent residence. Nationals of any Contracting Party lawfully residing in the territory of any other Party shall be authorised. but not be limited. financial and agricultural occupations. or make the exercise of these occupations by aliens subject to special conditions.a of this article to a maximum of ten years. to engage in any gainful occupation on an equal footing with nationals of the latter Party. . It may also declare that it will not in all cases automatically grant the right to change from a wage-earning occupation to an independent occupation. Article 12 1. declare that it does not accept one or two of the conditions mentioned above. be subjected to restrictions not provided for at the time the authorisation was granted to them unless such restrictions are equally applicable to nationals of the latter Party in similar circumstances. whether the person concerned is self-employed or is in the service of an employer. during that period. to industrial. provided they comply with one of the following conditions: a.

the relevant provisions of municipal law and the reasons for such measures. The Secretary General shall communicate this information to the other Parties. The Secretary General shall forward these lists to the other signatories. in so far as its laws permit. 2. Apart from the functions or occupations mentioned in Article 13 of this Convention. and he shall communicate them to the other Parties. Article 15 The exercise by nationals of one Contracting Party in the territory of another Party of an occupation in respect of which nationals of the latter Party are required to possess professional or technical qualifications or to furnish guarantees shall be made subject to the production of the same guarantees or to the possession of the same qualifications or of others recognised as their equivalent by the competent national authority. to allow individual exemptions from the provisions in force. any Contracting Party which has reserved certain occupations for its own nationals or made the exercise of them by aliens.221 Article 14 1. It shall in this event keep the Secretary-General fully informed of the measures taken. Each Contracting Party shall endeavour for the benefit of nationals of the other Parties: to reduce the list of occupations which are reserved for its own nationals or the exercise of which by aliens is subject to regulations or reciprocity. b. indicating which provisions of its municipal law are the basis of such restrictions. a. Provided that nationals of the Contracting Parties engaged in the lawful pursuit of their profession in the territory of any Party may be called into the territory of any other Party by one of their colleagues for the purpose of lending assistance in a particular case. after this Convention has entered into force in respect of any Contracting Party. provided that they do not reside therein for more than two months during any half year. Article 16 Commercial travellers who are nationals of a Contracting Party and are employed by an undertaking whose principal place of business is situated in the territory of a Contracting Party shall not need any authorisation in order to exercise their occupation in the territory of any other Party. that Party shall not introduce any further restrictions as to the exercise of gainful occupations by the nationals of other Parties unless it finds itself compelled to do so for imperative reasons of an economic or social character. . it shall notify the Secretary General of any such changes. subject to regulations or reciprocity. including nationals of the other Parties. shall at the time of signature of this Convention transmit a list of these restrictions to the Secretary General of the Council of Europe.

nationals of school age of any Contracting Party lawfully residing in the territory of any other Party shall be admitted. Nationals of any Contracting Party shall. The application of this provision to the grant of scholarships shall be left to the discretion of individual Parties. enjoy treatment no less favourable than nationals of the latter Party in respect of any statutory regulation by a public authority concerning wages and working conditions in general.222 Article 17 1. 2. Article 20 In so far as access to education is under State control. . in the territory of another Party. School attendance shall be compulsory for nationals of school age residing in the territory of another Contracting Party if it is compulsory for the nationals of the latter Party. The provisions of this chapter shall not be understood as requiring a Contracting Party to accord in its territory more favourable treatment as regards the exercise of a gainful occupation to the nationals of any other Party than that accorded to its own nationals. Article 19 Nationals of any Contracting Party in the territory of any other Party shall be permitted. without any restrictions other than those applicable to nationals of the latter Party. to act as arbitrators in arbitral proceedings in which the choice of arbitrators is left entirely to the parties concerned. on an equal footing with the nationals of the latter Party. to institutions for primary and secondary education and technical and vocational training. CHAPTER V: INDIVIDUAL RIGHTS Article 18 No Contracting Party may forbid nationals of another Party who have been lawfully engaged for at least five years in an appropriate occupation in the territory of the former Party from taking part on an equal footing with its own nationals as electors in elections held by bodies or organisations of an economic or professional nature such as Chambers of Commerce or of Agricultural or Trade Associations. subject to the decisions which such bodies or organisations may take in this respect within the limits of their competence.

A Standing Committee shall be set up within a year of the entry into force of this Convention. COMPULSORY CIVILIAN SERVICES. in particular. to be treated at least as favourably as nationals of the latter Party. if necessary. CHAPTER VII: STANDING COMMITTEE Article 24 1. taxes or contributions. in the event of expropriation or nationalisation of their property by any other Party. Subject to the provisions concerning double taxation contained in agreements already concluded or to be concluded. including allowances for dependants. This provision shall not prevent the imposition in appropriate cases of charges connected with administrative formalities such as the issue of permits and authorisations which aliens are required to have. nationals of any Contracting Party shall not be liable in the territory of any other Party to duties. A Contracting Party shall not impose on nationals of any other Party any residence charge not required of its own nationals. NATIONALISATION Article 21 1. whether of a personal nature or relating to property. Article 22 Nationals of a Contracting Party may in no case be obliged to perform in the territory of another Party any civilian services. 2. . charges. other or more burdensome than those required of nationals of the latter Party. of any description whatsoever. This Committee may formulate proposals designed to improve the practical implementation of the Convention and. EXPROPRIATION. they shall be entitled to deductions or exemptions from taxes or charges and to all allowances.223 CHAPTER VI: TAXATION. other. higher or more burdensome than those imposed on nationals of the latter Party in similar circumstances. Article 23 Without prejudice to the provisions of Article 1 of the Protocol to the Convention on the Protection of Human Rights and Fundamental Freedoms. to amend or supplement its provisions. provided that the amount levied is not more than the expenditure incurred by such formalities. nationals of any Contracting Party shall be entitled.

Such withdrawal shall be made by notification addressed to the Secretary General of the Council and shall take effect from the date of the receipt of such notification. The period of two years shall run from the date of the end of the last session. The Secretary . Any other member of the Council may be represented by an observer with the right to speak. the Committee shall at the request of any Party concerned endeavour to settle such differences. Any reservation made under this article shall contain a brief statement of the law concerned. paragraph 1. of this Convention. when signing this Convention or when depositing its instrument of ratification. The Committee shall be convened by the Secretary General of the Council of Europe. The Committee shall arrange for the publication of a periodical report containing all information regarding the laws and regulations in force in the territory of the Parties in respect of matters provided for in this Convention. paragraph 1. 3. Opinions or recommendations of the Standing Committee shall be submitted to the Committee of Ministers. Any member of the Council which makes a reservation under this article shall withdraw the said reservation as soon as circumstances permit. Article 26 1. CHAPTER VIII: GENERAL PROVISIONS Article 25 The provisions of this Convention shall not prejudice the provisions of municipal law. The Standing Committee shall draw up its own Rules of Procedure. 2. Reservations of a general nature shall not be permitted under this article. conventions or agreements which are already in force or may come into force under which more favourable treatment would be accorded to nationals of one or more of the other Contracting Parties. Subsequent sessions shall be held at least once every two years. In the event of differences of opinion arising between the Parties over the interpretation or application of the provisions of Article 6.b. bilateral or multilateral treaties. 3.b. 7. The Committee may also be convened whenever the Committee of Ministers of the Council considers it necessary. 6. Its first session shall take place within three months of the date of its establishment. make a reservation in respect of any particular provision of the Convention to the extent that any law then in force in its territory is not in conformity with the said provision. and Article 14. 4. Any member of the Council of Europe may. Each member of the Council of Europe which has ratified this Convention shall appoint a representative to this Committee.224 2. 5.

Any member of the Council may. 4. The Secretary General shall communicate to the other members of the Council any declaration transmitted to him in accordance with paragraph 2 or paragraph 3 of this article. at the time of the signature or ratification of this Convention or at any later date.225 General shall transmit the text of this notification to all the signatories of the Convention. 2. Any Contracting Party availing itself of this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor. Any declaration made in accordance with the preceding paragraph may. in respect of any territory mentioned in such declaration. be withdrawn according to the procedure laid down in Article 33 of this Convention. declare by notice addressed to the Secretary General of the Council of Europe that this Convention shall apply to the territory or territories mentioned in the said declaration and for whose international relations it is responsible. CHAPTER IX: FIELD OF APPLICATION Article 29 OF THE CONVENTION 1. . 2. This Convention shall apply to the metropolitan territories of the Contracting Parties. Article 28 1. In time of war or other public emergency threatening the life of the nation. any Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation and provided that such measures are not inconsistent with its other obligations under international law. It shall also inform the Secretary General of the Council when such measures have ceased to operate and the provisions of the Convention are again being fully executed. Article 27 A Contracting Party which has made a reservation in respect of a particular provision of the Convention in accordance with Article 26 of this Convention may not claim application of the said provision by another Party save in so far as it has itself accepted the provision. 3.

No Contracting Party shall be obliged to grant the benefits of this Convention to nationals of another Contracting Party ordinarily resident in a non metropolitan territory of the latter Party to which the Convention does not apply. . if it deems necessary. 2. The latter may. 3. Any disputes which may arise between the Contracting Parties concerning the interpretation or the application of this Convention shall be submitted to the International Court of Justice by special agreement or by application by one of the parties to the dispute. After the entry into force of the European Convention for the Peaceful Settlement of Disputes. For the purpose of this Convention. Any dispute subjected to a procedure referred to in the preceding paragraphs shall be immediately reported by the parties concerned to the Secretary General of the Council of Europe. [. If one of the parties to a dispute fails to carry out its obligations laid down in a decision of the International Court of Justice or the award of an arbitral tribunal. 2. 4. the Parties to that Convention shall apply those of its provisions which are binding upon them to all disputes which may arise between them concerning the present Convention. CHAPTER X: SETTLEMENT Article 31 OF DISPUTES 1.226 Article 30 1. the other party may appeal to the Committee of Ministers of the Council of Europe. . unless the parties agree on a different method of peaceful settlement. who shall inform the other Contracting Parties without delay. make recommendations by a majority of twothirds of the representatives entitled to sit on the Committee with a view to ensuring the execution of the said decision or award.] . “nationals” means physical persons possessing the nationality of one of the Contracting Parties.

7(2). SWITZERLAND 20 Dec 1966 (1. ARMENIA 25 Jan 2002 (1. 2(3. 28 (3)). 27. 21. 23. 2. 2. 3(3).T. 6. 13 December 1957 E. 6. 11. NETHERLANDS 14 Feb 1969 (1. 16(4). 6. 3. 2(2). 3. 28(3)). 6(1b). 3(3). 21. 11. BOSNIA & HERZEGOVINA 25 Apr 2005. 12(2)). 21. HUNGARY 13 Jul 1993 (*1.2. GERMANY 2 Oct 1976 (*1. 28). 4. 6. 23). 6. 6. 9. 11. 1b). UNITED KINGDOM 1 Feb 1991 (*1. 27. LATVIA 2 May 1997 (*6(1)). 9–11. ARTICLE 2 Extraditable offences 1. 28(3)). IRELAND 2 May 1966 (*6. UKRAINE 11 Mar 1998 (*1. 12. 4. 21). 16(2). 14. 3. 6(1b). 23. 28). 21. 21. 3. 28). SWEDEN 22 Jan 1959 (1. GEORGIA. 21. 28(3)). 2(2). 27. 6. general). 4. 6. 21. 21. CYPRUS 22 Jan 1971(*1. BELGIUM 29 Aug 1997 (*1. 21. 4. 9. DENMARK 13 Sept 1962 (*1. 6(1a. 18. 21(4). all persons against whom the competent authorities of the requesting Party are proceeding for an offence or who are wanted by the said authorities for the carrying out of a sentence or detention order. 5). 6. 2). 27. ROMANIA 10 Sep 1997 (*2(1). 9. 28(1. 23. 21(2. MACEDONIA (FORMER YUGOSLAV REPUBLIC OF) 28 Jul 1999 (*1. 6. 11. LUXEMBOURG 18 Nov 1976 (*1. 16. 11. 23). 4). 21. CZECH REPUBLIC 15 Apr 1992 (*21. 7(1). 23. 3(1. POLAND 15 Jun 1963 (6(1a.4. MOLDOVA 2 Oct 1997 (*1. general) ARTICLE 1 Obligation to extradite The Contracting Parties undertake to surrender to each other. 23.3). 5)). 12. 2. 18). 21. subject to the provisions and conditions laid down in this Convention. 9. 28(3)). 23). 28(3)). 6(1a. 6. 18. 21. 23. 24 ALBANIA 19 May 1998 (*2(1). 14. SPAIN 7 May 1982 (*1. 8–10. 7(2).227 IV. 11. MALTA 19 Mar 1996 (*1. 6(1a).23). SERBIA & MONTENEGRO 30 Sep 2002 (*6(1a). 18. 19(2). 23. 28). 16. 6. 7. 23). 15 Jun 2001 (*1. 15. BULGARIA 17 Jun 1994 (*1. ITALY 6 Aug 1963 (*11. 6(1a). 28(3)). SLOVENIA 16 Feb 1995 (*28(3)). 23). 28(3)). 28. 1b). 7(2). 12. 3. RUSSIA 10 Dec 1999 (*1. 6. 28(3)). 2(1). ICELAND 20 Jun 1984 (*1–4. 2. 12. 19(2). 14. Extradition shall be granted in respect of offences punishable under the laws of the requesting Party and of the requested Party by deprivation of liberty or under a detention order for a maximum period of at least one year or by a more severe . 28). 18. 21. 23). 1b). 9. 21. general). 3). 6. 19(2). AUSTRIA 21 May 1969 (1. 18(4. ESTONIA 28 Apr 1997 (*6(1a. NORWAY 19 Jan 1960 (*1–4. ANDORRA 13 Oct 2000 (*1. 6(1). 21. PORTUGAL 25 Jan 1990 (*1. 25). TURKEY 7 Jan 1960 (*11. 28). 11. 16. 12. 9. 23. 6. 21. 18. FINLAND 12 May 1971 (*1. AZERBAIJAN 28 Jun 2002 (*1. 6. 6. 5. 16. 7(2). general). 19). general). 7(1). general). 23. 21. 23). 9. 16. 12. 21. 21. 28(1. 23. GREECE 29 May 1961 (*6. SLOVAKIA 15 Apr 1992 (*21. LIECHTENSTEIN 28 Oct 1969 (*1. 1b).S. LITUANIA 20 Jun 1995. FRANCE 10 Feb 1986 (*1–3. 21. 21. 4.5)). 6. 12. 28(3)). SAN MARINO signed 19 Sept 2000. 5. CROATIA 25 Jan 1995 (*6. 23. 6. 28(3)). 4. EUROPEAN CONVENTION ON EXTRADITION Paris. 11. 12. 3. 21. 14. 21(2. 16. 6.

and the Secretary General shall inform the other signatories. The Secretary General of the Council shall forward these lists to the other signatories. If extradition is subsequently excluded in respect of other offences by the law of a Contracting Party. Any Contracting Party which wishes to avail itself of the right provided for in paragraph 3 of this article shall. Any Party may apply reciprocity in respect of any offences excluded from the application of the Convention under this article. 7. 2. The Secretary General shall inform the other signatories. religion. 6. 5. 3. Any Party which avails itself of the right provided for in paragraphs 4 or 5 of this article may at any time apply this Convention to offences which have been excluded from it. but of which some do not fulfil the condition with regard to the amount of punishment which may be awarded.228 penalty. exclude such offences from the application of this Convention. The same rule shall apply if the requested Party has substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of his race. the punishment awarded must have been for a period of at least four months. 4. Extradition shall not be granted if the offence in respect of which it is requested is regarded by the requested Party as a political offence or as an offence connected with a political offence. . The taking or attempted taking of the life of a Head of State or a member of his family shall not be deemed to be a political offence for the purposes of this Convention. in so far as it is concerned. nationality or political opinion. ARTICLE 3 Political offences 1. at the time of deposit of its instrument of ratification or accession. the requested Party shall also have the right to grant extradition for the latter offences. 3. that Party shall notify the Secretary General. Such notification shall not take effect until three months from the date of its receipt by the Secretary General. It shall inform the Secretary General of the Council of such changes. or that that person’s position may be prejudiced for any of these reasons. 2. If the request for extradition includes several separate offences each of which is punishable under the laws of the requesting Party and the requested Party by deprivation of liberty or under a detention order. Where a conviction and prison sentence have occurred or a detention order has been made in the territory of the requesting Party. Any Contracting Party whose law does not allow extradition for certain of the offences referred to in paragraph 1 of this article may. transmit to the Secretary General of the Council of Europe either a list of the offences for which extradition is allowed or a list of those for which it is excluded and shall at the same time indicate the legal provisions which allow or exclude extradition.

If. ARTICLE 6 Extradition of nationals 1. b. The requesting Party shall be informed of the result of its request. 2. duties. ARTICLE 4 Military offences Extradition for offences under military law which are not offences under ordinary criminal law is excluded from the application of this Convention. Each Contracting Party may. ARTICLE 5 Fiscal offences Extradition shall be granted. the requested Party may avail itself of the provision contained in sub-paragraph a of this article. the files. the person claimed is first recognised as a national of the requested Party during the period between the time of the decision and the time contemplated for the surrender. a. For this purpose. If the requested Party does not extradite its national. in accordance with the provisions of this Convention. information and exhibits relating to the offence shall be transmitted without charge by the means provided for in Article 12. paragraph 1. c. define as far as it is concerned the term “nationals” within the meaning of this Convention. . for offences in connection with taxes. customs and exchange only if the Contracting Parties have so decided in respect of any such offence or category of offences. This article shall not affect any obligations which the Contracting Parties may have undertaken or may undertake under any other international convention of a multilateral character. it shall at the request of the requesting Party submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate. A Contracting Party shall have the right to refuse extradition of its nationals. by a declaration made at the time of signature or of deposit of its instrument of ratification or accession. Nationality shall be determined as at the time of the decision concerning extradition.229 4. however.

ARTICLE 10 Lapse of time Extradition shall not be granted when the person claimed has. and if in respect of such offence the death-penalty is . according to the law of either the requesting or the requested Party. 2. ARTICLE 8 Pending proceedings for the same offences The requested Party may refuse to extradite the person claimed if the competent authorities of such Party are proceeding against him in respect of the offence or offences for which extradition is requested. ARTICLE 9 Non bis in idem Extradition shall not be granted if final judgment has been passed by the competent authorities of the requested Party upon the person claimed in respect of the offence or offences for which extradition is requested. Extradition may be refused if the competent authorities of the requested Party have decided either not to institute or to terminate proceedings in respect of the same offence or offences.230 ARTICLE 7 Place of commission 1. become immune by reason of lapse of time from prosecution or punishment. ARTICLE 11 Capital punishment If the offence for which extradition is requested is punishable by death under the law of the requesting Party. extradition may only be refused if the law of the requested Party does not allow prosecution for the same category of offence when committed outside the latter Party’s territory or does not allow extradition for the offence concerned. The requested Party may refuse to extradite a person claimed for an offence which is regarded by its law as having been committed in whole or in part in its territory or in a place treated as its territory. When the offence for which extradition is requested has been committed outside the territory of the requesting Party.

a statement of the relevant law and as accurate a description as possible of the person claimed. A person who has been extradited shall not be proceeded against.231 not provided for by the law of the requested Party or is not normally carried out. sentenced or detained with a view to the carrying out of a sentence or detention order for any offence committed prior to his surrender other than that for which he was extradited. Other means of communication may be arranged by direct agreement between two or more Parties. when the Party which surrendered him consents. a copy of the relevant enactments or. nor shall he be for any other reason restricted in his personal freedom. A request for consent shall be submitted. a statement of the offences for which extradition is requested. the original or an authenticated copy of the conviction and sentence or detention order immediately enforceable or of the warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting Party. ARTICLE 12 The request and supporting documents 1. The time and place of their commission. ARTICLE 13 Supplementary information If the information communicated by the requesting Party is found to be insufficient to allow the requested Party to make a decision in pursuance of this Convention. ARTICLE 14 Rule of speciality 1. The request shall be supported by: a. accompanied by the documents mentioned in Article 12 and a legal . and c. The request shall be in writing and shall be communicated through the diplomatic channel. together with any other information which will help to establish his identity and nationality. except in the following cases: a. their legal descriptions and a reference to the relevant legal provisions shall be set out as accurately as possible. where this is not possible. extradition may be refused unless the requesting Party gives such assurance as the requested Party considers sufficient that the death-penalty will not be carried out. the latter Party shall request the necessary supplementary information and may fix a time-limit for the receipt thereof. 2. b.

232 record of any statement made by the extradited person in respect of the offence concerned.a. 2. 2. having had an opportunity to leave the territory of the Party to which he has been surrendered. 3. The competent authorities of the requested Party shall decide the matter in accordance with its law. has not done so within 45 days of his final discharge. the requested Party has not received the request for extradition and the documents . including proceedings by default. the extradited person shall only be proceeded against or sentenced in so far as the offence under its new description is shown by its constituent elements to be an offence which would allow extradition. exists and that it is intended to send a request for extradition. b. the requesting Party shall not. In case of urgency the competent authorities of the requesting Party may request the provisional arrest of the person sought. within a period of 18 days after arrest. It shall also state for what offence extradition will be requested and when and where such offence was committed and shall so far as possible give a description of the person sought. A request for provisional arrest shall be sent to the competent authorities of the requested Party either through the diplomatic channel or direct by post or telegraph or through the International Criminal Police Organisation (Interpol) or by any other means affording evidence in writing or accepted by the requested Party. The requested Party may request the production of the documents mentioned in Article 12. The request for provisional arrest shall state that one of the documents mentioned in Article 12. ARTICLE 16 Provisional arrest 1. to prevent any legal effects of lapse of time. surrender to another Party or to a third State a person surrendered to the requesting Party and sought by the said other Party or third State in respect of offences committed before his surrender. take any measures necessary to remove the person from its territory. ARTICLE 15 Re-extradition to a third state Except as provided for in Article 14.b. however. 3. paragraph 2. paragraph 1. without the consent of the requested Party. When the description of the offence charged is altered in the course of proceedings. 4. Provisional arrest may be terminated if. or has returned to that territory after leaving it. paragraph 2. when that person. The requesting Party may. The requesting authority shall be informed without delay of the result of its request. Consent shall be given when the offence for which it is requested is itself subject to extradition in accordance with the provisions of this Convention. or any measures necessary under its law.

he may be released after the expiry of 15 days and shall in any case be released after the expiry of 30 days. 5. If circumstances beyond its control prevent a Party from surrendering or taking over the person to be extradited.233 mentioned in Article 12. It shall not. in order that he may serve his sentence in the territory of that Party for an offence other than that for which extradition is requested. 4. postpone the surrender of the person claimed in order that he may be proceeded against by that Party or. 3. the requesting Party shall be informed of the place and date of surrender and of the length of time for which the person claimed was detained with a view to surrender. 2. ARTICLE 18 Surrender of the person to be extradited 1. The requested Party may refuse to extradite him for the same offence. the nationality of the person claimed and the possibility of subsequent extradition to another State. it shall notify the other Party. . ARTICLE 19 Postponed or conditional surrender 1. in any event. Subject to the provisions of paragraph 5 of this article. The two Parties shall agree a new date for surrender and the provisions of paragraph 4 of this article shall apply. ARTICLE 17 Conflicting requests If extradition is requested concurrently by more than one State. If the request is agreed to. paragraph 1. but the requested Party shall take any measures which it considers necessary to prevent the escape of the person sought. the requested Party shall make its decision having regard to all the circumstances and especially the relative seriousness and place of commission of the offences. if the person claimed has not been taken over on the appointed date. the respective dates of the requests. The requested Party may. Release shall not prejudice re-arrest and extradition if a request for extradition is received subsequently. exceed 40 days from the date of such arrest. either for the same offence or for different offences. The possibility of provisional release at any time is not excluded. if he has already been convicted. The requested Party shall inform the requesting Party by the means mentioned in Article 12. after making its decision on the request for extradition. Reasons shall be given for any complete or partial rejection. 5. of its decision with regard to the extradition.

such notification shall have the effect of a request for provisional . the latter may. Any rights which the requested Party or third parties may have acquired in the said property shall be preserved. ARTICLE 21 Transit 1. instead of postponing surrender. when it is not intended to land. which has been acquired as a result of the offence and which. having been agreed to. cannot be carried out owing to the death or escape of the person claimed.234 2. The requested Party shall. or b. seize and hand over property: a. 4. The property mentioned in paragraph 1 of this article shall be handed over even if extradition. Transit of a national. it shall be necessary to produce the documents mentioned in Article 12. of a country requested to grant transit may be refused. provided that the offence concerned is not considered by the Party requested to grant transit as an offence of a political or purely military character having regard to Articles 3 and 4 of this Convention. Where these rights exist. which may be required as evidence. 2. 3. 2. paragraph 2.a exists. paragraph 2. 3. paragraph 1. When the said property is liable to seizure or confiscation in the territory of the requested Party. temporarily surrender the person claimed to the requesting Party in accordance with conditions to be determined by mutual agreement between the Parties. the following provisions shall apply: a. If air transport is used. Subject to the provisions of paragraph 4 of this article. is found in the possession of the person claimed or is discovered subsequently. temporarily retain it or hand it over on condition that it is returned. In the case of an unscheduled landing. in connection with pending criminal proceedings. 4. within the meaning of Article 6. The requested Party may. at the time of the arrest. Transit through the territory of one of the Contracting Parties shall be granted on submission of a request by the means mentioned in Article 12. the property shall be returned without charge to the requested Party as soon as possible after the trial. in so far as its law permits and at the request of the requesting Party. ARTICLE 20 Handing over of property 1. the requesting Party shall notify the Party over whose territory the flight is to be made and shall certify that one of the documents mentioned in Article 12.

the expenses occasioned by travel between that territory and the metropolitan territory of the requesting Party shall be borne by the latter. The same rule shall apply to expenses occasioned by travel between the non-metropolitan territory of the requested Party and its metropolitan territory. 6. and the requesting Party shall submit a formal request for transit. when it is intended to land. this Convention. at the time of signature or of the deposit of its instrument of ratification of. ARTICLE 23 Language to be used The documents to be produced shall be in the language of the requesting or requested Party. however. The requested Party may require a translation into one of the official languages of the Council of Europe to be chosen by it. 5. the procedure with regard to extradition and provisional arrest shall be governed solely by the law of the requested Party. ARTICLE 22 Procedure Except where this Convention otherwise provides. Expenses incurred by reason of transit through the territory of a Party requested to grant transit shall be borne by the requesting Party. The transit of the extradited person shall not be carried out through any territory where there is reason to believe that his life or his freedom may be threatened by reason of his race. 3. nationality or political opinion. or accession to. reciprocity may be applied. Expenses incurred in the territory of the requested Party by reason of extradition shall be borne by that Party. In that event. declare that it will only grant transit of a person on some or all of the conditions on which it grants extradition. ARTICLE 24 Expenses 1. the requesting Party shall submit a formal request for transit. b. religion.235 arrest as provided for in Article 16. In the event of extradition from a non-metropolitan territory of the requested Party. . 2. A Party may.

A Contracting Party which has made a reservation in respect of a provision of the Convention may not claim application of the said provision by another Party save in so far as it has itself accepted the provision. ARTICLE 27 Territorial application 1. it shall also apply to Algeria and to the overseas Departments and. make a reservation in respect of any provision or provisions of the Convention. the application of this Convention may be extended. other than the territories mentioned in paragraphs 1. 3. for whose international relations any such Party is responsible. 4. 3. This Convention shall apply to the metropolitan territories of the Contracting Parties. when signing this Convention or when depositing its instrument of ratification or accession. In respect of France. ARTICLE 26 Reservations 1.236 ARTICLE 25 Definition of “detention order” For the purposes of this Convention. subject to the conditions laid down in the arrangement. the expression “detention order” means any order involving deprivation of liberty which has been made by a criminal court in addition to or instead of a prison sentence. to the Channel Islands and to the Isle of Man. 2. in respect of the United Kingdom of Great Britain and Northern Ireland. Any Contracting Party may. Any Contracting Party which has made a reservation shall withdraw it as soon as circumstances permit. . who shall notify the other Parties of such declaration. 2 and 3 of this article. 2. Such withdrawal shall be made by notification to the Secretary General of the Council of Europe. By direct arrangement between two or more Contracting Parties. The Federal Republic of Germany may extend the application of this Convention to the Land of Berlin by notice addressed to the Secretary General of the Council of Europe. to any territory of such Parties.

3. The Secretary General shall inform the other Contracting Parties of any notification received in accordance with this paragraph. ratification and entry into force 1. conventions or agreements governing extradition between any two Contracting Parties. 2. ARTICLE 30 Accession 1.237 ARTICLE 28 Relations between this Convention and bilateral Agreements 1. supersede the provisions of any bilateral treaties. The Committee of Ministers of the Council of Europe may invite any State not a member of the Council to accede to this Convention. 3. The instruments of ratification shall be deposited with the Secretary General of the Council. extradition takes place on the basis of a uniform law. Accession shall be by deposit with the Secretary General of the Council of an instrument of accession. This Convention shall be open to signature by the members of the Council of Europe. It shall be ratified. This Convention shall. The Convention shall come into force 90 days after the date of deposit of the third instrument of ratification. . provided that the resolution containing such invitation receives the unanimous agreement of the members of the Council who have ratified the Convention. The same principle shall apply as between two or more Contracting Parties each of which has in force a law providing for the execution in its territory of warrants of arrest issued in the territory of the other Party or Parties. which shall take effect 90 days after the date of its deposit. Contracting Parties which exclude or may in the future exclude the application of this Convention as between themselves in accordance with this paragraph shall notify the Secretary General of the Council of Europe accordingly. ARTICLE 29 Signature. Where. as between two or more Contracting Parties. in respect of those countries to which it applies. As regards any signatory ratifying subsequently the Convention shall come into force 90 days after the date of the deposit of its instrument of ratification. 2. The Contracting Parties may conclude between themselves bilateral or multilateral agreements only in order to supplement the provisions of this Convention or to facilitate the application of the principles contained therein. 2. the Parties shall be free to regulate their mutual relations in respect of extradition exclusively in accordance with such a system notwithstanding the provisions of this Convention.

f. any notification of denunciation received in accordance with the provisions of Article 31 and by the date on which such denunciation will take effect. ARTICLE 32 Notifications The Secretary General of the Council of Europe shall notify the members of the Council and the government of any State which has acceded to this Convention of: a. and of Article 21. the withdrawal of any reservation in accordance with Article 26. c. e. . any declaration made in accordance with the provisions of Article 6. d. paragraph 5.238 ARTICLE 31 Denunciation Any Contracting Party may denounce this Convention in so far as it is concerned by giving notice to the Secretary General of the Council of Europe. paragraph 1. b. paragraph 1. any reservation made in accordance with Article 26. the date of entry into force of this Convention. the deposit of any instrument of ratification or accession. paragraph 2. Denunciation shall take effect six months after the date when the Secretary General of the Council received such notification.

11). LITUANIA 20 Jun 1995. 11).5. 11). 11). Article 3 The foregoing provisions shall in no way prejudice the laws and regulations governing visits by aliens to the territory of any Contracting Party. 7. the term “territory” of a Contracting Party shall have the meaning assigned to it by such a Party in a declaration addressed to the Secretary General of the Council of Europe for communication to all other Contracting Parties. 7. CYPRUS signed 26 Jun 2003 (*7. 11). 11). the frontier shall be crossed only at authorised points. SWITZERLAND 20 Dec 1966 (*1. 7. 4. . 11). may enter or leave the territory of another Party by all frontiers on presentation of one of the documents listed in the appendix to this Agreement. UKRAINE signed 18 Feb 2004 (*11) Article 1 1. The facilities mentioned in paragraph 1 above shall be available only for visits of not more than three months’ duration. Nationals of the Contracting Parties. which is an integral part thereof. 9. 11).T. 11). 11). 11). BELGIUM 29 13 Dec 1957 (*1.239 IV. TURKEY 25 May 1961 (*2. general). PORTUGAL 30 May 1984 (*7. 11). 7. ITALY 13 dec 1957 (*1. LUXEMBOURG 24 Apr 1961 (*7. EUROPEAN AGREEMENT ON REGULATIONS GOVERNING THE MOVEMENT OF PERSONS BETWEEN MEMBER STATES OF THE COUNCIL OF EUROPE Paris. FRANCE 13 Dec 1957 (*1. GERMANY 30 May 1958 (*1. LIECHTENSTEIN 25 Sept 1998 (*1. 7. 13 December 1957 E. 7. whatever their country of residence. NETHERLANDS 24 Feb 1961 (*1. SPAIN 18 May 1982 (1. 11). MALTA 7 May 1968 (*7. For the purposes of this Agreement. 3. 2. Valid passports and visas may be required for all visits of more than three months’ duration or whenever the territory of another Party is entered for the purpose of pursuing a gainful activity. 7. 11). Article 2 To the extent that one or more Contracting Parties deem necessary. SLOVENIA 11 Dec 2001 (*7. 7. GREECE 13 Dec 1957 (*1. 11). 25 AUSTRIA 30 May 1958 (*7.S. 7. 11.

Article 7 Each Contracting Party reserves the option. conventions or agreements now in force or which may hereafter enter into force. Article 5 Each Contracting Party shall allow the holder of any of the documents mentioned in the list drawn up by it and embodied in the appendix to this Agreement to re-enter its territory without formality even if his nationality is under dispute. security or public health. Article 8 This Agreement shall be open to the signature of the members of the Council of Europe. b. Article 9 This Agreement shall enter into force on the first day of the month following the date on which three members of the Council shall. The same procedure shall apply as soon as this measure ceases to be operative. Article 6 Each Contracting Party reserves the right to forbid nationals of another Party whom it considers undesirable to enter or stay in its territory. in accordance with Article 8. This measure shall immediately be notified to the Secretary General of the Council of Europe. Instruments of ratification shall be deposited with the Secretary General of the Council of Europe.240 Article 4 This Agreement shall not prejudice the provisions of any domestic law and bilateral or multilateral treaties. except insofar as the provisions of Article 5 are concerned. signature without reservation in respect of ratification. who shall inform the other Parties. whereby more favourable terms are applied to the nationals of other Contracting Parties in respect of the crossing of frontiers. signature with reservation in respect of ratification followed by ratification. who may become Parties to it either by: a. on grounds relating to ordre public. A Contracting Party which avails itself of either of the options mentioned in the preceding paragraph may not claim the application of this Agreement by another Party save insofar as it also applies it in respect of that Party. to delay the entry into force of this Agreement or order the temporary suspension thereof in respect of all or some of the other Parties. .

shall submit a list of such documents to the Contracting Parties through the Secretary General of the Council of Europe. Article 10 After entry into force of this Agreement. This list shall be considered to be approved by all the Contracting Parties and shall be added to the appendix to this Agreement if no objection is raised within two months of its transmission by the Secretary General. of any notification received in accordance with Article 13 and of its effective date. c. The same procedure shall apply if a signatory government wishes to alter the list of documents drawn up by it and embodied in the appendix. the Agreement shall enter into force on the first day of the month following such signature or the deposit of the instrument of ratification. b. of the date of entry into force of this Agreement and the names of any members who have signed without reservation in respect of ratification or who have ratified it. Article 12 The Secretary General of the Council of Europe shall notify members of the Council and acceding States: a. . Article 13 Any Contracting Party may terminate its own application of the Agreement by giving three months’ notice to that effect to the Secretary General of the Council of Europe. Article 11 Any government wishing to sign or accede to this Agreement which has not yet drawn up its list of the documents mentioned in Article 1. Such accession shall take effect on the first day of the month following the deposit of the instrument of accession with the Secretary General of the Council of Europe. In the case of any member who shall subsequently sign the Agreement without reservation in respect of ratification or shall ratify it. and appearing in the appendix.241 have signed the Agreement without reservation in respect of ratification or shall have ratified it. paragraph 1. of the deposit of any instrument of accession in accordance with Article 10. the Committee of Ministers of the Council of Europe may invite any non-member State to accede to it.

Article 3 To the extent that one or more Contracting Parties deem necessary. EUROPEAN AGREEMENT ON THE ABOLITION OF VISAS FOR REFUGEES Strasbourg. BELGIUM 20 Apr 1959. DENMARK 30 Nov 1960 (*1(2). IRELAND 29 Oct 1969. ROMANIA 24 Apr 2001. from the obligation to obtain visas for entering or leaving the territory of another Party by any frontier. UK 26 Aug 1968 (*2.T. FRANCE 20 Apr 1959 (*2. GERMANY 6 Nov 1961. they hold a valid travel document issued in accordance with the Convention on the Status of Refugees of 28th July 1951 or the Agreement relating to the issue of a travel document to refugees of 15th October 1946.S. CYPRUS signed 7 Apr 1978. the frontier shall be crossed only at authorised points. by the authorities of the Contracting Party in whose territory they are lawfully resident. Refugees lawfully resident in the territory of a Contracting Party shall be exempt. 20 April 1959 E. ITALY 1 Jun 1965. POLAND 20 Apr 2005 (*5). NORWAY 25 Nov 1960 (*2. 7). SWITZERLAND 20 Dec 1966 (*5). their visit is of not more than three months’ duration. . provided that: a. The provisions of this Agreement shall be without prejudice to the laws or regulations governing visits by aliens to the territory of any Contracting Party. A visa may be required for a stay of longer than three months or for the purpose of taking up gainful employment in the territory of another Contracting Party. b. Each Contracting Party reserves the right to prohibit persons it deems to be undesirable from entering or staying in its territory. LUXEMBOURG 24 Apr 1961.6. 2. 7) Article 1 1. SPAIN 30 Jun 1982. SWEDEN 30 Nov 1960 (*2. MALTA 17 Jan 1989 (*5). 9). 9). PORTUGAL 12 Oct 1981 (*2). Article 4 1. Article 2 For the purposes of the present Agreement the “territory” of a Contracting Party shall have the meaning assigned to it by this Party in a declaration addressed to the Secretary General of the Council of Europe. SLOVAKIA 27 Jan 2005 (*2). 31 ARMENIA signed 11 May 2001. 9). under the terms of this Agreement and subject to reciprocity. LIECHTENSTEIN 28 Oct 1969 (*5).242 IV. 2. FINLAND 4 Jul 1990 (*1). ICELAND 8 Sep 1966. NETHERLANDS 3 Aug 1960 (*2).

2. signature with reservation in respect of ratification. Article 8 This Agreement shall be open to the signature of members of the Council of Europe. Each Contracting Party reserves the option. . . signature without reservation in respect of ratification. to delay the entry into force of this Agreement. A Contracting Party which avails itself of either of the options provided for in the foregoing paragraph may not claim the application of this Agreement by any other Party save in so far as it also applies it in respect of that Party. or b. followed by ratification. conventions or agreements now in force or which may hereafter enter into force. Article 7 1. security or public health. whereby more favourable terms are applied to refugees lawfully residing in the territory of a Contracting Party in respect of the crossing of frontiers. for reasons of ordre public. except where this Party has authorised the persons concerned to settle on its territory. Instruments of ratification shall be deposited with the Secretary General of the Council of Europe. at the simple request of the first-mentioned Party. Article 6 This Agreement shall not prejudice the provisions of any municipal law or bilateral or multilateral treaties. [.243 Article 5 Refugees who have entered the territory of a Contracting Party by virtue of the present Agreement shall be re-admitted at any time to the territory of the Contracting Party by whose authorities the travel document was issued. except in so far as the provisions of Article 5 are concerned. or order the temporary suspension thereof in respect of all or some of the other Parties. The Secretary General of the Council of Europe shall immediately be informed when any such measure is taken and again when it ceases to be operative. who may become Parties thereto either by: a.] .

GERMANY 27 Jan 1965 (*6(2. 1c). 37). FINLAND 29 Apr 1991 (*20). EUROPEAN SOCIAL CHARTER (Excerpts) Turin. 2)) SWITZERLAND signed 6 May 1976.] Migrant workers who are nationals of a Contracting Party and their families have the right to protection and assistance in the territory of any other Contracting Party.S. IRELAND 7 Oct 1964 (*20(lb. CYPRUS 7 Mar 1968 (*20(lb. 35 AUSTRIA 29 Oct 1969 (*20(2)) BELGIUM 16 Oct 1990 (*20). UK 11 Jul 1962 (*20. lc)). LUXEMBOURG 10 Oct 1991 (*20). ITALY 22 Oct 1965 (*20). LATVIA 31 Jan 2002 (*20(2)). as provided for in Part III. 1c)) GREECE 6 Jun 1984 (*20(lb)). 1c. to be pursued by all appropriate means. 3). 4). 20(lb. SPAIN 6 May 1980 (*31. lc)).16 below. MALTA 4 Oct 1988 (*20(la. 1b. 1c. ICELAND 15 Jan 1976 (*20(2)).7. TURKEY 24 Nov 1989 (*20(lb. 3). MACEDONIA (FORMER YUGOSLAV REPUBLIC) 31 March 2005 (*20(2). 1c)).T. DENMARK 3 Mar 1965 (*20(lb. 20(lb. 1c). 1c). . IV. FRANCE 9 Mar 1973 (*12(4a). 34). HUNGARY 8 Jul 1999 (*20(1b. SWEDEN 17 Dec 1962 (*20(1b. . PORTUGAL 30 Sep 1991 (*6(4). 37). PART II The Contracting Parties undertake. POLAND 25 Jun 1997 (*20). SLOVENIA signed 11 Oct 1997. 20(lb. PART I The Contracting Parties accept as the aim of their policy. UKRAINE signed 2 May 1996. 7. *34) NORWAY 26 Oct 1962 (*12. to consider themselves bound by the obligations laid down in the following articles and paragraphs. 34). ROMANIA signed 4 Oct 1994. SLOVAKIA 22 Jun 1998 (*20(2)). 18 October 1961 E. 34(2). both national and international in character. . 37) See the Revised European Social Charter. 1b)). the attainment of conditions in which the following rights and principles may be effectively realised: [. lc)). LIECHTENSTEIN signed 9 Oct 1991. CZECH REPUBLIC 3 Nov 1999 (*20). 20(1a. CROATIA 26 Feb 2003 (*20(2)). NETHERLANDS 22 Apr 1980 (*20. 2.244 IV.

to maintain or to satisfy themselves that there are maintained adequate and free services to assist such workers. treatment not less favourable than that of their own nationals in respect of the following matters: (a) remuneration and other employment and working conditions. dues or contributions payable in respect of employed persons. between social services. to simplify existing formalities and to reduce or abolish chancery dues and other charges payable by foreign workers or their employers. and to take all appropriate steps. insofar as such matters are regulated by law or regulations or are subject to the control of administrative authorities. 2. (b) membership of trade unions and enjoyment of the benefits of collective bargaining. so far as national laws and regulations permit. ARTICLE 19 The right of migrant workers and their families to protection and assistance With a view to ensuring the effective exercise of the right of migrant workers and their families to protection and assistance in the territory of any other Contracting Party. (c) accommodation. medical attention and good hygienic conditions during the journey. 2. . 3. and to provide. journey and reception of such workers and their families. 4. the Contracting Parties undertake: 1. in emigration and immigration countries. appropriate services for health. 3.245 ARTICLE 18 The right to engage in a gainful occupation in the territory of other Contracting Parties With a view to ensuring the effective exercise of the right to engage in a gainful occupation in the territory of any other Contracting Party. the Contracting Parties undertake: 1. to secure for such workers lawfully within their territories. particularly in obtaining accurate information. public and private. and recognize the right of their nationals to leave the country to engage in a gainful occupation in the territories of the other Contracting Parties. to liberalise. 5. against misleading propaganda relating to emigration and immigration. regulations governing the employment of foreign workers. as appropriate. within their own jurisdiction. to adopt appropriate measures within their own jurisdiction to facilitate the departure. to apply existing regulations in a spirit of liberality. to secure for such workers lawfully within their territories treatment not less favourable than that of their own nationals with regard to employment taxes. individually or collectively. to promote cooperation.

to permit. to secure for such workers lawfully within their territories treatment not less favourable than that of their own nationals in respect of legal proceedings relating to matters referred to in this article. within legal limits. 7. 8. to extend the protection and assistance provided for in this article to selfemployed migrants insofar as such measures apply. the transfer of such parts of the earnings and savings of such workers as they may desire. 10. . 9. . [. to facilitate as far as possible the reunion of the family of a foreign worker permitted to establish himself in the territory.] . to secure that such workers lawfully residing within their territories are not expelled unless they endanger national security or offend against public interest or morality.246 6.

Article 3 Young persons up to their 21st birthday shall be eligible for inclusion in a collective document issued under the present Agreement. SWITZERLAND 20 Dec 1966 (*12. travelling on a valid individual passport and appointed in accordance with such regulations as may be in force in the territory of the Contracting Party which issued the collective travel document. at least 21 years of age. SPAIN 18 May 1982 (*12). 13). FRANCE 16 Dec 1961 (*12. LIECHTENSTEIN 25 Sept 1998 (*12. shall: – – – – retain possession of the collective travel document. 37 BELGIUM 16 Dec 1961 (*11. Article 2 Every person included in a collective passport for young persons shall be a national of the country which issued such travel document. MACEDONIA (FORMER YUGOSLAV REPUBLIC OF) 24 Feb 1998. TURKEY 14 Sept 1962. DENMARK 29 May 1968 (*8. 12). EUROPEAN AGREEMENT ON TRAVEL BY YOUNG PERSONS ON COLLECTIVE PASSPORTS BETWEEN THE MEMBER COUNTRIES OF THE COUNCIL OF EUROPE Paris. 16 December 1961 E. 13). UKRAINE signed 29 Nov 2005. UNITED KINGDOM 22 Jun 1964 (*11–13) Article 1 Each Contracting Party agrees to admit upon its territory parties of young persons from the territory of any other Contracting Party. GREECE 16 Dec 1961 (*13). NETHERLANDS 4 Jul 1963 (*11–13. 13). 13). PORTUGAL 24 Sept 1984 (*5).T.S. 11–13). . on a collective travel document satisfying the conditions specified in this Agreement. ICELAND 13 Jan 1969 (*8. SWEDEN 27 May 1968 (*8. LUXEMBOURG 27 Oct 1965 (*11–13). 13).8. CYPRUS signed 3 Apr 1978 (*11–13). IRELAND 14 May 1962 (*11–13). 11–13). Article 4 A leader. be responsible for complying with formalities at the frontiers. MALTA. NORWAY 29 May 1968 (*8. 11. 11.247 IV. 13). 12. ensure that the members of the party remain together. remain in company with the party. general). 12 Dec 1966 (*12). ITALY 6 Aug 1963 (*1.

Article 9 The collective travel document for young persons shall be in the form appended hereto and shall include in every case the following particulars: a. as provided in Article 2. date. f. excluding the leader. first names. contrary to the provisions of Article 6. place and authority who issued the document. if possible. b. period of validity. in any case. report the fact to the frontier authorities at the place of departure from the country. He shall. surname. the leader of the party shall immediately inform the local authorities and. Article 10 The normal passport-issuing authorities shall issue the collective travel document in accordance with the conditions laid down in Article 9 and shall certify that all the persons included in it are nationals of the country which issued the document. surname (in alphabetical order). Article 7 If. and not more than fifty. the diplomatic or consular representative of the said country. a member of the party travelling on a collective travel document for young persons becomes separated from the party or does not. d. e. c. first names and passport number of the leader. date and place of birth and place of residence of each member of the party. country (or countries) of destination. Article 8 The period of stay for parties travelling on a collective travel document for young persons shall not exceed three months.248 Article 5 The number of persons who may be included in a collective travel document for young persons shall be not less than five. description of the party. return with the rest of the party to the country which issued the document. if required. . for any reason. Article 6 All the persons included in a collective document shall remain together. obtain an individual travel document from the representative of his own country. The member not leaving the country with his party shall.

Article 14 The present Agreement shall be open to the signature of Members of the Council of Europe. Each Contracting Party may. if required to do so. Article 11 Every collective travel document shall in principle be issued in original only. They must. . when signing this Agreement or depositing its instrument of ratification or approval or accession. for the purpose of admission to and stay in its territory and subject to reciprocity.249 Any amendments or additions to a collective travel document shall be made by the authority which issued it. Instruments of ratification or approval shall be deposited with the Secretary General of the Council of Europe. Article 13 Each Contracting Party may. or b. by a declaration addressed to the Secretary General of the Council of Europe. extend. specify the way in which members of a party must prove their identity. the provisions of this Agreement to young refugees and young stateless persons lawfully resident in the territory of another Contracting Party and whose return thereto is guaranteed. Article 12 Members of a party travelling on a collective passport shall be exempt from presenting a national identity card. Each Contracting Party may. who may become Parties to it either by: a. signature without reservation in respect of ratification or approval. state how many additional copies it may require. when signing this Agreement or depositing its instrument of ratification or approval or accession. by a declaration addressed to the Secretary General of the Council of Europe. however. signature with reservation in respect of ratification or approval followed by ratification or approval. be able to prove their identity in some way. when signing this Agreement or depositing its instrument of ratification or approval or accession. by a declaration addressed to the Secretary General of the Council of Europe. This declaration may be withdrawn at any time by notification addressed to the Secretary General of the Council of Europe.

of any notification received in accordance with Article 18 and its effective date. Such accession shall take effect one month after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe. of any declaration or notification received in accordance with the provisions of Articles 11. [. Any Contracting Party may terminate its own application of the Agreement by giving six months’ notice to that effect to the Secretary General of the Council of Europe. c. 12 and 13. in accordance with Article 14. Article 17 The Secretary General of the Council of Europe shall notify members of the Council and acceding States: a. the Agreement shall enter into force one month after the date of such signature or the date of deposit of the instrument of ratification or approval. or who shall ratify or approve it. of the deposit of any instrument of accession in accordance with Article 16.] .250 Article 15 The present Agreement shall enter into force one month after the date on which three members of the Council shall. of the date of entry into force of this Agreement and of the names of any members who have signed without reservation in respect of ratification or approval or who have ratified or approved it. Article 18 The present Agreement shall remain in force indefinitely. Article 16 After the entry into force of this Agreement. In the case of any member of the Council who shall subsequently sign the Agreement without reservation in respect of ratification or approval. have signed the Agreement without reservation in respect of ratification or approval or shall have ratified or approved it. . the Committee of Ministers of the Council of Europe may invite any non-member State to accede to the present Agreement. b. d. .

within that territory. AUSTRIA 18 Sep 1969 (*3). SLOVAKIA 18 Mar 1992.S. LUXEMBOURG 2 May 1968. UK signed 16 Sep 1963 [. to restrictions imposed in accordance with law and justified by the public interest in a democratic society. ARTICLE 3 Prohibition of expulsion of nationals 1. MONACO 30 Nov 2005 (*2). SLOVENIA 28 Jun 1994. SERBIA & MONTENEGRO 3 Mar 2004. SAN MARINO 22 Mar 1989. SWEDEN 13 Jun 1964. CYPRUS 3 Oct 1989 (*4). Everyone lawfully within the territory of a State shall. CROATIA 5 Nov 1997.251 IV. The rights set forth in paragraph1 may also be subject. ICELAND 16 Nov 1967. BELGIUM 21 Sep 1970. POLAND 10 Oct 1994. for the prevention of crime. . MOLDOVA 12 Sept 1997. . 46 ALBANIA 2 Oct 1996. BULGARIA signed 3 Nov 1993. No restrictions shall be placed on the exercise of these rights other than such as are in accordance with law and are necessary in a democratic society in the interests of national security or public safety. for the maintenance of ordre public. in particular areas. 3. 4. BOSNIA & HERZEGOVINA 4 Nov 2000.T. DENMARK 30 Sep 1964. including his own. SPAIN signed 23 Feb 1978.] ARTICLE 2 Freedom of movement 1. ROMANIA 20 Jun 1994. FRANCE 3 May 1974 (*5). from the territory of the State of which he is a national. for the protection of health or morals. PORTUGAL 9 Nov 1978. MALTA 5 Jun 2002. PROTOCOL NO. No one shall be expelled. LIECHTENSTEIN 8 Feb 2005. 2. NETHERLANDS 23 Jun 1982 (*3. by means either of an individual or of a collective measure. 4 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS OTHER THAN THOSE ALREADY INCLUDED IN THE CONVENTION IN THE FIRST PROTOCOL THERETO Strasbourg. ITALY 27 May 1982 (*3(2)). 5) NORWAY 12 Jun 1964. ARMENIA 26 Apr 2002. MACEDONIA 10 Apr 1997. Everyone shall be free to leave any country.46). ESTONIA 16 Apr 1996.9. AZERBAIJAN 15 Apr 2002 (*general). 16 September 1963 E. UKRAINE 11 Sept 1997. FINLAND 10 May 1990. have the right to liberty of movement and freedom to choose his residence. CZECH REPUBLIC 18 Mar 1992. GEORGIA 13 Apr 2000. HUNGARY 5 Nov 1992. GERMANY 1 Jun 1968 (*5). TURKEY signed 19 Oct 1992. or for the protection of the rights and freedoms of others. IRELAND 29 Oct 1968 (*3(1)). . LATVIA 27 Jun 1997. LITHUANIA 20 Jun 1995 (*25. RUSSIA 5 May 1998.

.252 2. ARTICLE 4 Prohibition of collective expulsion of aliens Collective expulsion of aliens is prohibited. No one shall be deprived of the right to enter the territory of the state of which he is a national.

11 December 1967. or any other agency of the United Nations which may succeed it. 4 . whenever possible. It shall be subject to ratification or acceptance. The States signatory to the present Protocol recognise the right of a Contracting Party to decline to admit a consular officer as being entitled to act on behalf of.253 IV. The consular officer of the State where the refugee has his habitual residence shall be entitled to protect such a refugee and to defend his rights and interests in conformity with the Convention. I. ratified or accepted the Convention. 61. simultaneously or previously. which provides in Article 48 “Nothing in the present Convention shall prejudice the special status and international protection accorded to refugees by the Parties to the Convention in conformity with international instruments. 11 December 1967 E. The present Protocol shall be open to signature by the member States of the Council of Europe which have signed the Convention. present or future”. No member State of the Council of Europe may ratify or accept the present Protocol unless it has.S. the European Convention on Consular Functions. The present Protocol shall enter into force three months after the date of the deposit of the fifth instrument of ratification or acceptance. NORWAY 29 Nov 1976.e.10. Strasbourg. E. in consultation. PROTOCOL TO THE EUROPEAN CONVENTION ON CONSULAR FUNCTIONS CONCERNING THE PROTECTION OF REFUGEES Paris. Article 3 1. with the Office of the United Nations High Commissioner for Refugees. In respect of a signatory State ratifying or accepting subsequently. a national of his State who is a refugee. 2. 3. the present Protocol shall come into force three months after the date of the deposit of its instrument of ratification or acceptance.T. 4.4 Article 2 1. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe. PORTUGAL 11 Jan 1985 Article 1 The present Protocol shall apply to refugees in the sense of Article 48 of the Convention. GERMANY signed 11 Dec 1967.S. or otherwise concern himself with. ITALY signed 11 Dec 1967. 2.T. 61A AUSTRIA signed 11 Dec 1967.

Any declaration made in pursuance of the preceding paragraph may. by declaration addressed to the Secretary General of the Council of Europe. . Any State which has acceded to the Convention may accede to the present Protocol after the latter’s entry into force. acceptance or accession or at any later date. 2.254 Article 4 1. when depositing its instrument of ratification. . acceptance or accession. 3. specify the territory or territories to which the present Protocol shall apply. Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit.] . in respect of any territory specified in such declaration. Any Contracting Party. be withdrawn according to the procedure laid down in Article 7 of the present Protocol. Article 5 1. 2. [. Any Contracting Party may. may at the time of signature or when depositing its instrument of ratification. extend the present Protocol to any other 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.

Article 2 1. 18). Article 6 1. Article 3 Placement “au pair” which shall initially be for a period not exceeding one year. DENMARK 29 Apr 1971. Nevertheless. 18) 11 Aug 1988. may. FINLAND signed 16 Jun 1997. Article 4 1. shall be the subject . The person placed “au pair” shall not be less than 17 or more than 30 years of age. 68 BELGIUM signed 24 Nov 1969. 2. ITALY 8 Nov 1973 (*12.255 IV. 11) GERMANY signed 2 Oct 1976. 6. be extended to permit of a maximum stay of two years.11. MOLDOVA signed 27 Jun 2001. FRANCE 5 Feb 1971 (*4(1). Article 5 The person placed “au pair” shall have a medical certificate. however. exceptions to the upper age limit may be granted by the competent authority of the receiving country in individual cases when justified. Such young foreigners are hereinafter called persons placed “au pair”. as those rights and obligations are defined in this Agreement. “Au pair” placement is the temporary reception by families. The rights and obligations of the person “au pair” and the receiving family. NORWAY 29 Apr 1971(*6(1)). of young foreigners who come to improve their linguistic and possibly professional knowledge as well as their general culture by acquiring a better knowledge of the country where they are received. SPAIN (*12. 24 November 1967 E. LUXEMBOURG 24 Jul 1990 (*18).S. in exchange for certain services. BULGARIA signed 8 Mar 2003.T. GREECE signed 22 Aug 1979. SWITZERLAND signed 18 Mar 1970 Article 1 Each Contracting Party undertakes to promote in its territory to the greatest extent possible the implementation of the provisions of this Agreement. declaring that person’s general state of health. established less than three months before placement. EUROPEAN AGREEMENT ON AU PAIR PLACEMENT Strasbourg. 2.

Article 9 A person placed “au pair” shall render the receiving family services consisting in participation in day-to-day family duties. every facility as regards the arrangement of working hours shall be accorded to this end. and shall have full opportunity to take part in religious worship. in the receiving country. by national social security legislation or other official schemes. 2. the amount of which and the intervals at which it is paid shall be determined by the agreement referred to in Article 6. Each Contracting Party shall state. The person placed “au pair” shall receive board and lodging from the receiving family and. Article 8 1. maternity or accident. The person placed “au pair” shall be given adequate time to attend language courses as well as for cultural and professional improvement. 2. The time effectively occupied in such services shall generally not be more than five hours per day. in the form of a single document or of an exchange of letters. as pocket money. while at the same time enjoying a certain degree of independence. not less than one such free day in every month being a Sunday. shall occupy a separate room. Article 10 1. where possible. A copy of the agreement referred to in the preceding paragraph shall be lodged in the receiving country with the competent authority or the organisation chosen by this authority. 3.256 of an agreement in writing to be concluded between the parties in question. taking into account the provisions of international agreements or the Regulations . The person placed “au pair” shall have at least one full free day per week. Article 7 The agreement referred to in Article 6 shall specify inter alia the manner in which the person placed “au pair” is to share the life of the receiving family. The person placed “au pair” shall receive a certain sum of money. preferably before the person placed “au pair” leaves the country in which that person was resident and at latest during the first week of the placement A copy of the agreement referred to in the preceding paragraph shall be lodged in the receiving country with the competent authority or the organisation chosen by this authority. 2. If and in so far as the benefits listed in Annex I cannot be covered. 4. by listing them in Annex I to this Agreement. the benefits to which a person placed “au pair” will be entitled within its territory in the event of sickness.

either party shall be entitled to terminate it by giving two weeks’ notice. Article 12 The competent authority of each Contracting Party shall appoint the public bodies and may appoint the private bodies to be entitled to deal with “au pair” placement. The Governmental Social Committee shall present to the Committee of Ministers a report containing its conclusions. Article 11 1. Each Contracting Party shall send to the Secretary General of the Council of Europe a report at five-yearly intervals. it may be terminated with immediate effect by either party in the event of serious misconduct by the other party or if other serious circumstances make such instant termination necessary. in a form to be determined by the Committee of Ministers. Any change in the list of benefits in Annex I shall be notified by any Contracting Party in accordance with Article 19. followed by ratification or acceptance. 3. improve the practical implementation of this Agreement. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe. 2. This Agreement shall be open to signature by the member States of the Council of Europe. . who may become Parties to it either by: a. The reports of the Contracting Parties shall be submitted for examination to the Governmental Social Committee of the Council of Europe. take out a private insurance. concerning the application of the provisions of Articles 1 to 12 of this Agreement. signature with reservation in respect of ratification or acceptance. 2. it may also make any proposals designed to: i. Whether the agreement was made for a specified period or not. Where the agreement referred to in Article 6 has been concluded for an unspecified period. the competent member of the receiving family shall. ii. or b. signature without reservation in respect of ratification or acceptance. at his own expense. amend or supplement its provisions. Article 13 1. 2. paragraph 2.257 of the European Communities. Article 14 1. 3.

2. by declaration addressed to the Secretary General of the Council of Europe. or any acceding State when depositing its instrument of accession. Any signatory State. or any acceding State. the Committee of Ministers of the Council of Europe may invite any non-member State to accede thereto. may specify the territory or territories to which this Agreement shall apply. No other reservation shall be admissible. or any acceding State. at the time of signature or when depositing its instrument of ratification or acceptance. in respect of any territory mentioned in such declaration. As regards any member States who shall subsequently sign the Agreement without reservation in respect of ratification or acceptance or who shall ratify or accept it. 2. when depositing its instrument of accession. Article 18 1. After the entry into force of this Agreement. 2. Any signatory State. Any declaration made in pursuance of the preceding paragraph may. in accordance with the provisions of Article 14. may extend this Agreement to any other 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. when depositing its instrument of accession or at any later date. 2. Any signatory State. Article 16 1. when depositing its instrument of ratification or acceptance or at any later date. Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect one month after the date of its deposit. at the time of signature or when depositing its instrument of ratification or acceptance. be withdrawn according to the procedure laid down in Article 20 of this Agreement. 3. the Agreement shall enter into force one month after the date of such signature or after the date of deposit of the instrument of ratification or acceptance. Any signatory State or any Contracting Party may wholly or partly withdraw a reservation it has made in accordance with the foregoing paragraph by means of . This Agreement shall enter into force one month after the date on which three member States of the Council shall have become Parties to the Agreement. Article 17 1. may declare that it avails itself of one or more of the reservations provided for in Annex II to this Agreement.258 Article 15 1.

259 a declaration addressed to the Secretary General of the Council of Europe which shall become effective as from the date of its receipt.] ANNEX II (ARTICLE 18. . to derogate from the provisions of Article 10. paragraph 2. . [. in so far as one half of any private insurance premiums would be covered by the receiving family and in so far as this derogation would be brought. only that which lays down that the agreement in writing shall be concluded before the person placed “au pair” leaves the country in which that person was resident. b. before the conclusion of the agreement. . to consider that the term “person placed “au pair’” shall apply only to females. to adopt. d. to the attention of any person interested in an “au pair” placement. to defer implementation of the provisions of Article 12 until it has been able to make the necessary practical arrangements for such implementation. of the two methods specified in Article 6. paragraph 1. on the understanding that it shall endeavour to make these arrangements as soon as possible.1) Reservations Any Contracting Party may declare that it reserves the right: a. c.

S. b. the presence of the minor in the territory of the requested State is against the will of the person or persons having parental authority in respect of him. c.12. in implementation of this Convention. the term “minor” shall mean any person not having attained his majority under the law applicable according to the rules of private international law of the requesting State and who under this same law has not the right himself to determine his own place of residence. EUROPEAN CONVENTION ON THE REPATRIATION OF MINORS The Hague. the presence of the minor in the territory of the requested State is incompatible with a measure of protection or re-education taken in respect of him by the competent authorities of the requesting State. GERMANY signed 28 May 1970. whether or not the latter is the State of which he is a national. Article 2 1. LUXEMBOURG signed 28 May 1970. TURKEY 2 Dec 1976 (*general) SECTION I: GENERAL INFORMATION Article 1 For the purposes of this Convention: a.T. the term “parental authority” shall mean the authority devolving upon natural or legal persons under the law or by a legal or administrative decision. FRANCE signed 28 May 1970. . 18 May 1970 E. to determine a minor’s place of residence. b. BELGIUM signed 28 May 1970. ITALY 27 Feb 1995 (*3). of a minor from one Contracting State to another Contracting State. This Convention shall apply to minors in the territory of a Contracting State whose repatriation is requested by another Contracting State for one of the following reasons: a. 71 AUSTRIA signed 28 May 1970. NETHERLANDS signed 28 May 1970.260 IV. the term “repatriation” shall mean the transfer. GREECE signed 4 Sep 1980. the presence of the minor is necessary in the territory of the requesting State because of the institution of proceedings there with a view to taking measures of protection and re-education in respect of him. c.

Applications for the repatriation of a minor for one of the reasons set out in Article 2. No decision shall be taken concerning a request for repatriation until the minor. Article 5 1. in the territory of the requested State. This ascertainment of views shall not take place in so far as it is likely to prejudice the interests of the minor by reason of the delay which it may cause.261 2. . shall be addressed to the central authority of the State to which the minor is to be repatriated. The said authority shall also endeavour to obtain the views of those persons having an interest in the decision. issue and receive requests for repatriation and notify the Secretary General of the Council of Europe of the authority so designated. the central authority shall issue a request for repatriation to the central authority of the State of sojourn of the minor. have de facto custody of the minor. those having parental authority or those who. Article 3 Each Contracting State shall designate a central authority to formulate. This Convention shall also apply to the repatriation of minors whose presence in its territory a Contracting State deems to be incompatible with its own interests or with the interests of the minors concerned. has been heard in person by a competent authority in the requested State. paragraph 1. 2. provided that its legislation authorises removal of the minor from its territory. in particular. 2. paragraph 1. Article 6 The requested State shall grant any request for repatriation which is in conformity with the provisions of the present Convention and grounded on Article 2. SECTION II: REPATRIATION OF A OTHER THAN THE MINOR ON THE REQUEST STATE OF SOJOURN OF A STATE Article 4 1. unless it exercises its right to refuse a request in accordance with Articles 7 and 8. if his capacity for discernment allows. If the competent authorities of that State consider that the application is well founded and reasonable.

f. if the requested State considers that the requesting State is not competent to take the measures referred to in Article 2. if it considers it necessary to prosecute the minor for an offence or to require him to submit to a penal sanction involving deprivation of liberty. oppose repatriation. if the parental authority upon which the request is based is contested on serious grounds. if the minor in question is a national of a State which is not a Party to the Convention. or if such a right follows from the national law of the requested State. being present in the territory of the requested State. Article 8 The requested State may. according to the law applicable under the rules of private international law of the requested State. d. if. if the repatriation is considered by the requested State to be contrary to the interests of the minor.a and is designed to submit the minor to the authority of a person or persons who do not have parental authority according to the law applicable under the rules of private international law of the requested State or do not have parental authority under the national law of the requested State. if the minor.262 Article 7 A request may be refused: a.b and c. Article 10 If the request is granted the competent authorities in the requesting State and the requested State shall agree as promptly as possible on the repatriation procedure. if the requested State considers that the repatriation of the minor would be contrary to ordre public. b. moreover. e. if it is grounded on Article 2. the person or persons having parental authority or those having care of the minor. c. Article 9 The decision of the requested State on the request may be postponed: a. in particular when he has effective family or social ties in that State or when repatriation is incompatible with a measure of protection or reeducation taken in the said State. having regard to all the aspects of the case. b. has the right himself to determine his place of residence. paragraph 1. . and whose repatriation would not be compatible with the obligations existing between that State and the requested State. b. refuse the request: a. if the minor is a national of the requested State. paragraph 1.

paragraph 2. No prosecution may be initiated or continued in the requesting State against a person repatriated in accordance with the provisions of this section for offences committed prior to his repatriation. Such measures shall cease if the request for repatriation has not been received within ten days. Article 12 In urgent cases. when it is not known in what State the person or persons having parental authority are to be found or when no one has parental authority. Article 13 1. when the person or persons having parental authority are in another Contracting State. unless the requested State expressly consents to such prosecution. The measures in question are governed by the domestic law of the requested State. 2. the central authority in the requesting State may ask that the provisional measures mentioned in Article 11 be taken before the requested State has received the request for repatriation. The consent referred to in paragraph 1 shall be governed by the rules regulating extradition in the requested State or by such other rule established there for the implementation of this article. the request shall be addressed to the Contracting State where the minor has his habitual residence. c. 3. the request shall be . when the person or persons having parental authority are in a State which is not a party to this Convention. be terminated after the expiration of a period of 30 days if the request has not been granted. b. Consent may not be withheld in cases where the requested State would be obliged to grant extradition.263 Article 11 The requested State may take such provisional measures as seem necessary for the purpose of repatriation. in any case. It may at any time terminate these measures which shall. Such consent shall also be required in order to enforce a penal sanction involving deprivation of liberty or any more severe sentence passed in the requesting State before repatriation. SECTION III: REPATRIATION ON THE REQUEST OF THE STATE OF SOJOURN Article 14 1. the request shall be addressed to that other State. the State of sojourn of the minor may request another Contracting State to agree to the repatriation of such a minor as hereinafter provided: a. In the cases provided for in Article 2. in particular placing the minor in a home for juveniles. were extradition to be requested.

by the original or a certified copy either of the document proving parental authority except where such authority derives directly from law. SECTION IV: COMMON PROVISIONS Article 16 1. if repatriation to that State is not agreed to or otherwise proves impossible. the name of the issuing central authority. no translation of requests or of the supporting documents shall be required. Subject to paragraph 2 of this article. 3. or the situation. If the requested State agrees to receive the minor the competent authorities in the requesting State and in the requested State shall agree as promptly as possible on the repatriation procedure. the request shall be accompanied. The request may also specify all other conditions with which the repatriation must comply. if possible. his address in the requested State. In cases grounded on Article 2. Article 17 1. to the Contracting State of which the minor is a national. the authority or person making the application for repatriation as well as their legal relations with the minor. of the minor in the requesting State. in particular: a. the identity and nationality of the minor whose repatriation is requested and. If the requested State considers that the information supplied by the requesting State is not sufficient to enable it to decide on the request. if applicable. The request relating to repatriation may be accompanied by a request that measures be taken which are deemed appropriate because of the conduct.264 addressed to the Contracting State where the minor has his habitual residence or. It may fix a time-limit for the receipt of such information. where appropriate. d. 2. or of the decision ordering a measure of protection or re-education of the minor concerned or of the documents proving the necessity for the minor to appear at the proceedings in course in the requesting State and the purpose of such proceedings. 2. it shall ask for the necessary additional information. b. Article 15 1. All requests relating to repatriation shall be submitted in writing and shall state. . The provisions of paragraph 1 shall not affect the powers which Contracting States enjoy under their own legislation in respect of foreign nationals. c. the reasons invoked in support of the request. paragraph 1. 2.

3.265 2. The transit of a minor in process of repatriation. the minor may neither be arrested nor detained in the State of transit for offences committed before his entry into that State. the minor is the subject of a criminal prosecution in the State of transit or if he is required to submit to a penal sanction involving deprivation of liberty or a more severe penalty. 3. acceptance or accession. . Transit may be refused when: a. reserve the right to stipulate that requests and supporting documents shall be accompanied by a translation into its own language or one of its languages or into one of the official languages of the Council of Europe or into such one of those languages as it shall indicate. The other Contracting States may apply reciprocity. 2. of which there shall be a written record by the State from which the repatriation is to be effected. shall be authorised upon simple notification. Article 18 Evidence and documents transmitted in connection with this Convention shall be exempt from all formalities of legalisation. the minor is a national of the State of transit. Article 20 Reasons shall be given for any refusal of repatriation or transit. Any Contracting State may. 4. by a declaration addressed to the Secretary General of the Council of Europe. Article 19 1. when signing or depositing its instrument of ratification. The State of transit shall seek to ensure that the minor does not elude repatriation. If transit is not refused. b. through the territory of a Contracting State. This article shall be without prejudice to any provision concerning translation of requests and supporting documents contained in agreements or arrangements now in force or which may be concluded between two or more Contracting States. in pursuance of the present Convention. Article 21 Communications between central authorities in connection with the implementation of this Convention may be transmitted through the International Criminal Police Organisation (Interpol).

the requesting State.266 Article 22 1. [.] . This article shall not prevent the recovery of costs from the minor or other persons responsible for them. the requested State. b. 2. Any costs incurred in implementing this Convention shall be borne by: a. . in all other cases. . if such costs are incurred in its territory.

LUXEMBOURG signed 24 Nov 1977. e. The recruitment of prospective migrant workers may be carried out either by named or by unnamed request and in the latter case shall be effected through the . d. EUROPEAN CONVENTION ON THE LEGAL STATUS OF MIGRANT WORKERS Strasbourg. 35). b. NORWAY 3 Feb 1989 (*11(1). seasonal migrant workers are those who. FRANCE 22 Sep 1983 (*12. 12(1. persons undergoing training. UKRAINE signed 2 Mar 2004 CHAPTER I ARTICLE 1 Definition 1. frontier workers. artists. 12(1. on the basis of a contract for a specified period or for specified employment. NETHERLANDS 1 Feb 1983 (*7(3). 11. seasonal workers. For the purpose of this Convention.267 IV. the term “migrant worker” shall mean a national of a Contracting Party who has been authorised by another Contracting Party to reside in its territory in order to take up paid employment. GREECE signed 24 Nov 1977. 93 BELGIUM signed 9 Feb 1978. CHAPTER II ARTICLE 2 Forms of recruitment 1. 2.2)). PORTUGAL 15 Mar 1979. f. MOLDOVA 11 Jul 2002.2). TURKEY 19 May 1981.T. seamen.13. 14(1). are employed on the territory of another Contracting Party in an activity dependent on the rhythm of the seasons. being nationals of a Contracting Party. SWEDEN 5 Jun 1978.S. 18). who are nationals of a Contracting Party. carrying out specific work in the territory of another Contracting Party on behalf of an undertaking having its registered office outside the territory of that Contracting Party. This Convention shall not apply to: a. GERMANY signed 24 Nov 1977 (*6. workers. other entertainers and sportsmen engaged for a short period and members of a liberal profession. SPAIN 6 May 1980. ITALY 27 Feb 1995. c. 24 November 1977 E. 18(2)).

Recruitment of prospective migrant workers may be preceded by a medical examination and a vocational test. 3. where appropriate. shall not be borne by the prospective migrant worker. 3. 2. The papers required of the migrant worker for emigration and immigration shall be issued as expeditiously as possible free of charge or on payment of an amount not exceeding their administrative cost. when these operations are carried out by an official authority. The medical examination and the vocational test are intended to establish whether the prospective migrant worker is physically and mentally fit and technically qualified for the job offered to him and to make certain that his state of health does not endanger public health. – the right to admission to the territory of a Contracting Party in order to take up paid employment after being authorised to do so and obtaining the necessary papers. introduction and placing. otherwise than on grounds of fraud. ARTICLE 4 Right of exit – Right to admission – Administrative formalities 1. . 2. through the intermediary of the official authority of the receiving State.268 intermediary of the official authority in the State of origin if such an authority exists and. 2. The administrative costs of recruitment. ARTICLE 3 Medical examinations and vocational test 1. public health or morals. so as to ensure that such expenses do not fall upon the prospective migrant worker. Arrangements for the reimbursement of expenses connected with medical examination and vocational test shall be laid down when appropriate by bilateral agreements. These rights shall be subject to such limitations as are prescribed by legislation and are necessary for the protection of national security. Each Contracting Party shall guarantee the following rights to migrant workers: – the right to leave the territory of the Contracting Party of which they are nationals. to undergo a vocational test except at the employer’s request. A migrant worker to whom an individual offer of employment is made shall not be required. public order. 4.

The use of at least one language of the State of origin and one language of the receiving State shall be compulsory in the case of recruitment by an official authority or an officially recognised employment bureau. the transfer of savings. remuneration. 3. The translation. Each Contracting Party undertakes to ensure. ARTICLE 6 Information 1. and on deductions made from wages in respect of contributions for social protection and social security. to enable him to take a decision in full knowledge of the facts.269 ARTICLE 5 Formalities and procedure relating to the work contract Every migrant worker accepted for employment shall be provided prior to departure for the receiving State with a contract of employment or a definite offer of employment. the possibility of a new work contract being concluded after the first has lapsed. Information may also be provided on the cultural and religious conditions in the receiving State. such information shall be provided. The arrangements for payment shall be determined under bilateral agreements. travel. housing. which may also extend these measures to families and to workers recruited individually. The Contracting Parties shall exchange and provide for prospective migrants appropriate information on their residence. food. in a language which the prospective migrant worker can understand. of such information into a language that the prospective migrant worker can understand shall be provided as a general rule by the State of origin. where necessary. working and living conditions (including the cost of living). . that the cost of travel to the receiving State shall never be borne by the migrant worker. ARTICLE 7 Travel 1. in the case of official collective recruitment. taxes and other charges. Each Contracting Party undertakes to adopt the appropriate steps to prevent misleading propaganda relating to emigration and immigration. the nature of the job. conditions of and opportunities for family reunion. In the case of recruitment through an official authority of the receiving State. the qualifications required. 2. either of which may be drawn up in one or more of the languages in use in the State of origin and in one or more of the languages in use in the receiving State. social security. before his departure.

the personal effects and movable property of migrant workers and members of their family belonging to their household. renewed for a period as a general rule at least as long as that of the work permit. The exemptions referred to above shall be granted in accordance with the laws or regulations in force in the States concerned. The residence permit shall in accordance with the provisions of national legislation be issued and. if necessary. a work permit issued for the first time may not as a rule bind the worker to the same employer or the same locality for a period longer than one year. in so far as the current state and development of the employment situation permits. b. 2. 2. or on their return journey to the State of origin. a reasonable quantity of hand-tools and portable equipment necessary for the occupation to be engaged in. the residence permit shall as a general rule be issued and. ARTICLE 9 Residence permit 1. Each Contracting Party shall exempt from import duties and taxes at the time of entry into the receiving State and of the final return to the State of origin and in transit: a. CHAPTER III ARTICLE 8 Work permit 1. if necessary.270 2. However. 3. Where required by national legislation. this should as a general rule be for a period of at least one year. renewed for a . subject to the conditions laid down in its legislation. each Contracting Party shall issue residence permits to migrant workers who have been authorised to take up paid employment on their territory under conditions laid down in this Convention. When the work permit is valid indefinitely. In the case of migrant workers and their families in transit through the territory of one Contracting Party en route to the receiving State. all steps shall be taken by the competent authorities of the transit State to expedite their journey and prevent administrative delays and difficulties. Each Contracting Party which allows a migrant worker to enter its territory to take up paid employment shall issue or renew a work permit for him (unless he is exempt from this requirement). In case of renewal of the migrant worker’s work permit. 3.

migrant workers and members of their families shall be given all appropriate information and advice as well as all necessary assistance for their settlement and adaptation. 4. 3. Nevertheless. Each Contracting Party undertakes to ensure that migrant workers and members of their families can worship freely. migrant workers shall be entitled. The residence permit. b. For this purpose. to facilitate or co-ordinate the reception of migrant workers and their families. Each Contracting Party nevertheless undertakes to grant to migrant workers whose residence permits have been withdrawn. The provisions of this Article shall also apply to members of the migrant worker’s family who are authorised to join him in accordance with Article 12 of this Convention. an effective right to appeal. in accordance with their faith. . If a migrant worker is no longer in employment. 3. It shall be issued and renewed free of charge or for a sum covering administrative costs only. no Contracting Party shall be bound. in the case provided for in the above sub-paragraph. whenever the situation so demands. each Contracting Party shall endeavour to ensure that special social services are available. After arrival in the receiving State. to allow a migrant worker to remain for a period exceeding the period of payment of the unemployment allowance. to comply with the measures prescribed for him by an official medical authority with a view to the protection of public health. he shall be allowed for the purpose of the application of Article 25 of this Convention to remain on the territory of the receiving State for a period which should not be less than five months. within the limit of available means. may be withdrawn: a. ARTICLE 10 Reception 1. each Contracting Party shall facilitate such worship. Moreover.271 period of at least one year. this being duly confirmed by the competent authorities. for reasons of national security. 5. if the holder refuses. on the same basis as national workers. However. 2. either because he is temporarily incapable of work as a result of illness or accident or because he is involuntarily unemployed. public policy or morals. migrant workers and members of their families shall be entitled to help and assistance from the social services of the receiving State or from bodies working in the public interest in the receiving State and to help from the consular authorities of their State or origin. issued in accordance with the provisions of paragraphs 1 to 3 of this Article. if a condition essential to its issue or validity is not fulfilled. to a judicial or administrative authority. c. in accordance with the procedure for which provision is made in its legislation. to help and assistance from the employment services. after having been duly informed of the consequences of such refusal.

ARTICLE 12 Family reunion 1. Each Contracting Party may make the giving of authorisation conditional upon a waiting period which shall not exceed twelve months. 2. are authorised on conditions analogous to those which this Convention applies to the admission of migrant workers and according to the admission procedure prescribed by such law or by international agreements to join the migrant worker in the territory of a Contracting Party. each Contracting Party shall take steps to appoint a single national or regional authority to receive and dispatch applications for sums due in respect of maintenance provided for in paragraph 1 above. at any time. derogate temporarily from the obligation to give the authorisation provided for in paragraph 1 above. at any time. It shall also . by declaration addressed to the Secretary General of the Council of Europe. which shall take effect one month after the date of its receipt. who are dependent on the migrant worker. Any State availing itself of this possibility of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and shall ensure that these measures are published as soon as possible.272 ARTICLE 11 Recovery of sums due in respect of maintenance 1. 3. The status of migrant workers must not interfere with the recovery of sums due in respect of maintenance to persons in the State of origin to whom they have maintenance obligations arising from a family relationship. for one or more parts of its territory which it shall designate in its declaration. Any State may. This Article shall not affect existing or future bilateral or multilateral agreements. marriage or affinity. Any State may. 3. Each Contracting Party shall take the steps necessary to ensure the recovery of sums due in respect of such maintenance. which shall take effect one month after the date of receipt. provided that the latter has available for the family housing considered as normal for national workers in the region where the migrant worker is employed. 4. make the family reunion referred to in paragraph 1 above further conditional upon the migrant worker having steady resources sufficient to meet the needs of his family. by declaration addressed to the Secretary General of the Council of Europe. The declarations shall state the special reasons justifying the derogation with regard to receiving capacity. including a maintenance obligation in respect of a child who is not legitimate. As far as possible. as long as they are considered to be minors by the relevant law of the receiving State. parentage. 2. The spouse of a migrant worker who is lawfully employed in the territory of a Contracting Party and the unmarried children thereof. making use as far as possible of the form adopted by the Committee of Ministers of the Council of Europe. on the condition that these measures do not conflict with obligations under other international instruments.

Migrant workers and members of their families officially admitted to the territory of a Contracting Party shall be entitled. shall be recognised by each Contracting Party in accordance with arrangements laid down in bilateral and multilateral agreements. with regard to access to housing and rents. one of its languages to migrant workers and members of their families. to general education and vocation training and retraining and shall be granted access to higher education according to the general regulations governing admission to respective institutions in the receiving State. the granting of scholarships shall be left to the discretion of each Contracting Party which shall make efforts to grant the children of migrant workers living with their families in the receiving State – in accordance with the provisions of Article 12 of this Convention – the same facilities in this respect as the receiving State’s nationals. 4. before the declaration is addressed to the Secretary General. in accordance with its laws and regulations on the matter. 3. 3. acting within their competence. Each Contracting Party shall ensure that the competent national authorities carry out inspections in appropriate cases in collaboration with the respective consular authorities. affect requests for family reunion submitted to the competent authorities. ARTICLE 14 Pretraining – Schooling – Linguistic training – Vocational training and retraining 1. To promote access to general and vocational schools and to vocational training centres. treatment not less favourable than that accorded to its own nationals. For the purpose of the application of paragraphs 1 and 2 above. as a general rule. to ensure that standards of fitness of accommodation are kept up for migrant workers as for its own nationals. as well as diplomas and vocational qualifications acquired in the State of origin. by the means available to the competent national authorities. The derogation shall not. . the receiving State shall facilitate the teaching of its language or. that the housing of the migrant worker shall be suitable. ARTICLE 13 Housing 1. 4. on the same basis and under the same conditions as national workers. 2. Each Contracting Party undertakes to protect migrant workers against exploitation in respect of rents.273 inform the Secretary General of the Council of Europe when such measures cease to operate and the provisions of the Convention are again being fully executed. 2. insofar as this matter is covered by domestic laws and regulations. Each Contracting Party shall ensure. Each Contracting Party shall accord to migrant workers. if there are several. The workers’ previous attainments. by migrant workers already established in the part of the territory concerned.

ARTICLE 15 Teaching of the migrant worker’s mother tongue The Contracting Parties concerned shall take actions by common accord to arrange. to migrant workers and members of their families. the transfer of such sums as remain due to migrant workers when they leave the territory of the receiving State. The Contracting Parties concerned. The transfer of sums due by migrant workers in respect of maintenance shall on no account be hindered or prevented. within the meaning of this Article. migrant workers authorised to take up employment shall enjoy treatment not less favourable than that which applies to national workers by virtue of legislative or administrative provisions. 2. so far as practicable. under bilateral agreements or by other means. Each Contracting Party shall permit. the transfer of all or such parts of the earnings and savings of migrant workers as the latter may wish to transfer. special courses for the teaching of the migrant worker’s mother tongue. collective labour agreement or custom. acting in close co-operation shall endeavor to ensure that the vocational training and retraining schemes. Each Contracting Party undertakes to grant within its territory. their return to their State of origin. for the migrant worker’s children. 2. ARTICLE 18 Social Security 1. ARTICLE 16 Conditions of work 1. Each Contracting Party shall permit. according to the agreements laid down by its legislation. This provision shall apply also to the transfer of sums due by migrant workers in respect of maintenance.274 5. inter alia. to facilitate. ARTICLE 17 Transfer of savings 1. equality of treatment with its own nation- . cater as far as possible for the needs of migrant workers with a view to their return to their State of origin. In the matter of conditions of work. It shall not be possible to derogate by individual contract from the principle of equal treatment referred to in the foregoing paragraph.

as well as provision of benefits abroad. that steps are taken to provide . within the framework of its laws and. ARTICLE 22 Death Each Contracting Party shall take care. to migrant workers and members of their families who are lawfully present in its territory. The Contracting Parties shall moreover endeavour to secure to migrant workers and members of their families the conservation of rights in course of acquisition and acquired rights.275 als. if need be. subject to conditions required by national legislation and by bilateral or multilateral agreements already concluded or to be concluded between the Contracting Parties concerned. social and medical assistance on the same basis as nationals in accordance with the obligations it has assumed by virtue of other international agreements and in particular of the European Convention on Social and Medical Assistance of 1953. in application of the laws of a Contracting Party and collective agreements and having regard to their particular situation. ARTICLE 20 Industrial accidents and occupational diseases – Industrial hygiene 1. Such inspection shall be carried out by the competent bodies or institutions of the receiving State and by any other authority authorised by the receiving State. in the matter of social security. 2. With regard to the prevention of industrial accidents and occupational diseases and to industrial hygiene. migrant workers shall enjoy the same rights and protection as national workers. within the framework of bilateral agreements. A migrant worker who is victim of an industrial accident or who has contracted an occupational disease in the territory of the receiving State shall benefit from occupational rehabilitation on the same basis as national workers. ARTICLE 19 Social and Medical Assistance Each Contracting Party undertakes to grant within its territory. 2. through bilateral and multilateral agreements. ARTICLE 21 Inspection of working conditions Each Contracting Party shall inspect or provide for inspection of the conditions of work of migrant workers in the same manner as for national workers.

2. ARTICLE 23 Taxation on earnings 1. as regards the form and period of notice. they shall be entitled to deductions or exemptions from taxes or charges and to all allowances. such as redundancy or prolonged illness. charges. to duties. The Contracting Parties shall decide between themselves. 2. 2. migrant workers shall receive the treatment applicable to national workers under national legislation or collective labour agreements. the competent authority of the receiving State shall facilitate his re-employment in accordance with the laws and regulations of that State. On the expiry of a work contract concluded for a special period at the end of the period agreed on and on the case of anticipated cancellation of such a contract or cancellation of a work contract for an unspecified period. by bilateral or multilateral agreements on double taxation. ARTICLE 25 Re-employment 1. in the territory of a Contracting Party. the compensation provided for in legislation or agreements or such as may be due in cases of unwarranted cancellation of their work contracts. In the event of individual or collective dismissal. . If a migrant worker loses his job for reasons beyond his control. including allowance for dependants. provided that he intends to continue in employment in the State concerned afterwards. To this end the receiving State shall promote the measures necessary to ensure. taxes or contributions of any description whatsoever either higher or more burdensome than those imposed on nationals in similar circumstances. what measures might be taken to avoid double taxation on the earnings of migrant workers. In the matter of earnings and without prejudice to the provisions on double taxation contained in agreements already concluded or which may in future be concluded between Contracting Parties. the vocational retraining and occupational rehabilitation of the migrant worker in question. In particular. as far as possible. migrant workers shall not be liable. migrant workers shall be accorded treatment not less favourable than that accorded to national workers under the provisions of national legislation or collective labour agreements.276 all help and assistance necessary for the transport to the State of origin of the bodies of migrant workers deceased as the result of an industrial accident. ARTICLE 24 Expiry of contract and discharge 1.

277 ARTICLE 26 Right of access to the courts and administrative authorities in the receiving State 1. under the same conditions as nationals. the right of access to the competent courts and administrative authorities. members of their families or third parties. 2. in accordance with the law of the receiving State. in the same manner as nationals. Each Contracting Party shall secure to migrant workers treatment not less favourable than that of its own nationals in respect of legal proceedings. in the case of civil or criminal proceedings. . to full legal and judicial protection of their persons property and their right and interests. ARTICLE 28 Exercise of the right to organise Each Contracting Party shall allow to migrant workers the right to organise for the protection of their economic and social interests on the conditions provided for by national legislation for its own nationals. The rules of private international law of the receiving State shall not be affected by this Article. Migrant workers shall be entitled. ARTICLE 29 Participation in the affairs of the undertaking Each Contracting Party shall facilitate as far as possible the participation of migrant workers in the affairs of the undertaking on the same conditions as national workers. in particular. and the right to obtain the assistance of any person of their choice who is qualified by the law of that State. they shall have. ARTICLE 27 Use of employment services Each Contracting Party recognises the right of migrant workers and of the members of their families officially admitted to its territory to make use of employment services under the same conditions as national workers subject to the legal provisions and regulations and administrative practice. including conditions of access. for instance in disputes with employers. Each Contracting Party shall provide migrant workers with legal assistance on the same conditions as for their own nationals and. the possibility of obtaining the assistance of an interpreter where they cannot understand or speak the language used in court. in force in that State.

information regarding in particular: – – – – – possibilities and conditions of employment in the State of origin. ARTICLE 32 Relations between this Convention and the laws of the Contracting Parties or international agreements The provisions of this Convention shall not prejudice the provisions of the laws of the Contracting Parties or of any bilateral or multilateral treaties. To enable migrant workers to know.278 CHAPTER IV ARTICLE 30 Return home 1. agreements or arrangements. CHAPTER V ARTICLE 31 Conservation of acquired rights No provision of this Convention may be interpreted as justifying less favourable treatment than that enjoyed by migrant workers under the national legislation of the receiving State or under bilateral and multilateral agreements to which that State is a Contracting Party. conventions. which are . as well as the steps taken to implement them. – equivalence accorded to educational qualification. financial aid granted for economic reintegration. take appropriate measures to assist migrant workers and their families on the occasion of their final return to their State of origin. as far as possible. the maintenance of social security rights acquired abroad. equivalence accorded to occupational qualifications obtained abroad and any tests to be passed to secure their official recognition. Each Contracting Party shall. and in particular the steps referred to in paragraphs 2 and 3 of Article 7 of this Convention. so that migrant workers’ children can be admitted to schools without down-grading. The provision of financial assistance shall be left to the discretion of each Contracting Party. before they set out on their return journey. which shall keep available for those who request it. 2. steps to be taken to facilitate the finding of accommodation. the conditions on which they will be able to resettle in their State of origin. this State shall communicate to the receiving State.

. 7. 2. recommendations and proposals of the Consultative Committee referred to above shall be addressed to the Committee of Ministers of the Council of Europe. The opinions.] . at least once every two years and. . The committee shall also meet at the request of one Contracting Party whenever the provisions of paragraph 3 of Article 12 are applied. 6. 3. 4. ARTICLE 33 Application of the Convention 1. A Consultative Committee shall be set up within a year of the entry into force of this Convention. 5. for the attention of the Committee of Ministers. proposals to amend the Convention shall be adopted unanimously by the members of the Committee. Any other member State of the Council of Europe may be represented by an observer with the right to speak. The opinions and recommendations of the Consultative Committee shall be adopted by a majority of the members of the Committee. Each Contracting Party shall appoint a representative to the Consultative Committee. [. and under which more favourable treatment has been. or may come into force. The Consultative Committee shall examine any proposals submitted to it by one of the Contracting Parties with a view to facilitating or improving the application of the Convention. as well as any proposal to amend it. whenever at least two Contracting Parties or the Committee of Ministers so requests. accorded to the persons protected by the Convention. however. The Consultative Committee shall draw up periodically. as a general rule. in addition. which shall decide on the action to be taken. a report containing information regarding the laws and regulations in force in the territory of the Contracting Parties in respect of matters provided for in this Convention.279 already in force. or would be. The Consultative Committee shall be convened by the Secretary General of the Council of Europe and shall meet.

c. PORTUGAL 10 Mar 1982. 107 BELGIUM signed 16 Oct 1980 (*2(1)). 7). b. Article 2 1. EUROPEAN AGREEMENT ON TRANSFER OF RESPONSIBILITY FOR REFUGEES Strasbourg. from the date on which he presents himself to the authorities of the second State.T. “refugee” means a person to whom the Convention relating to the status of refugees of 28 July 1951 or. 12) Article 1 For the purposes of this Agreement: a. in which a refugee. 2. “second State” means another State. FINLAND 4 Jul 1990 (*7). 7).14. d.S. holder of a travel document issued by the first State. 12). 7. 4(2). ITALY 8 Nov 1985 (*2(1). GERMANY 25 Jan 1995 (*2(1). SWEDEN 16 Oct 1980 (*7). Party to this Agreement. SPAIN 21 May 1987 (*2(1). 4(2)). DENMARK 17 Jan 1984. as the case may be. b. LUXEMBOURG signed 14 May 1981. 16 October 1980 E. UNITED KINGDOM 1 Oct 1986 (*2(1). Responsibility shall be considered to be transferred on the expiry of a period of two years of actual and continuous stay in the second State with the agreement of its authorities or earlier if the second State has permitted the refugee to remain in its territory either on a permanent basis or for a period exceeding the validity of the travel document. if such a date cannot be established. which has issued such a travel document. NETHERLANDS 7 Mar 1985 (*7. 4(2). training or medical care shall not be taken into account. 14). Party to this Agreement. This period of two years shall run from the date of admission of the refugee to the territory of the second State or. CZECH REPUBLIC signed 6 Apr 2000. “first State” means a State. POLAND 20 Apr 2005 (*7. SWITZERLAND 13 Jan 1986 (*7). periods of imprisonment of the refugee imposed in connection with a criminal conviction shall not be taken into account. GREECE signed 16 Oct 1980. ROMANIA 19 Jul 2000 (814). periods during which the refugee is allowed to remain in the territory of the second State pending an appeal against a decision of refusal of residence or of .280 IV. is present. the Protocol relating to the status of refugees of 31 January 1967 applies. stays authorised solely for the purpose of studies. “travel document” means the travel document issued by virtue of the above-mentioned Convention. For the calculation of the period specified in paragraph 1 of this Article: a. NORWAY 16 Oct 1980 (*7). c.

. such absences not being deemed to interrupt or suspend the stay. but in no case later than two years after the expiry of the travel document. on more than one occasion. 2. As long as transfer of responsibility has not occurred in accordance with Article 2. the responsibility of the first State to extend or renew the travel document of the refugee shall cease. on condition that the request is made during the six months following the expiry of the travel document. The refugee shall not be required to leave the second State to obtain the extension or renewal of his travel document and may for this purpose apply to diplomatic missions or consular posts of the first State. The second State shall inform the first State that transfer of responsibility has taken place. shall be taken into account. Until the date of transfer of responsibility. b. the second State shall be responsible for issuing a new travel document to the refugee. If the authorities of the second State do not know the whereabouts of the refugee and for this reason are not able to make the request mentioned in paragraph 1 during the six months following the expiry of the travel document. Article 5 1. even after the expiry of the travel document. the refugee shall be readmitted to the territory of the first State at any time. periods during which the refugee leaves on a temporary basis the territory of the second State for not more than three consecutive months or. In the latter case readmission shall occur on the simple request of the second State. for not more than six months in total. that request must be made within the six months following the time at which the whereabouts of the refugee become known to the second State. 2. paragraphs 1 and 2. Article 3 1.281 removal from the territory shall only be taken into account if the decision on the appeal is favourable to the refugee. d. From the date of transfer of responsibility: a. 3. 2. Responsibility shall also be deemed to be transferred if readmission of the refugee to the first State can no longer be requested under Article 4. Article 4 1. the travel document shall be extended or renewed by the first State.

282 Article 6 After the date of transfer of responsibility. by means of a notification addressed to the Secretary General of the Council of Europe. Rights and benefits acquired or in the course of being acquired by refugees under such agreements shall not be affected. The provisions of bilateral agreements concluded between Parties relating to the transfer of responsibility for the issuing of Convention travel documents or to the readmission of refugees in the absence of such a transfer shall cease to be applicable from the date of entry into force of this Agreement between those Parties. . facilitate the admission to its territory of the refugee’s spouse and minor or dependent children. None of the provisions of this Agreement shall be interpreted as preventing a Party from extending the benefits of this Agreement to persons who do not fulfil the conditions laid down. These authorities shall be specified by each State. 2. in the interest of family reunification and for humanitarian reasons. 3. Nothing in this Agreement shall impair any rights and benefits which have been or which may be granted to refugees independently of this Agreement. Article 7 The competent authorities of the Parties may communicate directly with each other as regards the application of this Agreement. Article 8 1. the second State shall. when expressing its consent to be bound by the Agreement.

HUNGARY 1 Jun 2005 (*3). 3. Workers have the right to take part in the determination and improvement of the working conditions and working environment in the undertaking. SPAIN 24 Jan 2000. SWEDEN 5 May 1989 PART I The Parties accept as the aim of their policy to be pursued by all appropriate means. All workers have the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex. both national and international in character. GREECE 18 Jun 1998.S. 5 May 1988 E. 3).283 IV. 9). the attainment of conditions in which the following rights and principles may be effectively realised: 1. SLOVAKIA 22 Jun 1998. 2. 4. CZECH REPUBLIC 17 Nov 1999 (*1–4). 128 BELGIUM 23 Jun 2003 (*4). 2. DENMARK 27 Aug 1996 (*9). . NORWAY 10 Dec 1993 (*9). 2. NETHERLANDS 5 Aug 1992 (*1. Every elderly person has the right to social protection. ITALY 26 May 1994 (*4(2)).15.] . CROATIA 26 Feb 2003 (*1. 3.T. . FINLAND 29 Apr 1991 (*1–4). Workers have the right to be informed and to be consulted within the undertaking. ADDITIONAL PROTOCOL TO THE EUROPEAN SOCIAL CHARTER (Excerpts) Strasbourg. [.

provision of family housing. right to protection in cases of termination of employment. EUROPEAN SOCIAL CHARTER REVISED (Excerpts) Strasbourg. which is a fundamental unit of society. NORWAY 7 May 2001 (*1–6.T. . 16. 12.284 IV. 6. PORTUGAL 30 May 2002 (*2(6). 24. MOLDOVA 8 Nov 2001 (*1–20. 26. 4–8. SWEDEN 29 May 1998 (*1–23. 19–22. 7–15. 24–26. 11. 31). 28. 24. 21. 20–22. legal and social protection of family life by such means as social and family benefits. 15. 12–15). CYPRUS 29 Sep 2000 (*1–3.16. 30). to consider themselves bound by the obligations laid down in the following articles and paragraphs.S. Romania 7 MAY 1999 (*1–9. LITHUANIA 29 Jun 2001 (*1–11. 17–20. 26. rights of workers’ representatives in undertakings. 31). AZERBAIJAN 2 Sept 2004 (*1. 23–29). 27–29). 29). 25. 16. 19. 27(1c). 3 May 1996 E. 14. 28. ARMENIA 21 Jan 2004 (*2–4. 28. 24. 24.15) and adds the right to protection against poverty and social exclusion. 18–20. 16–18. benefits for the newly married and other appropriate means. 27. 20–22. 8–17. 27–29). 18. fiscal arrangements. ITALY 15 Jul 1999 (*25). right to protection against sexual harassment in the workplace and other forms of harassment. MALTA 27 Jul 2005 (*1–18). 29 and general). GEORGIA 22 Aug 2005 (*1. b). 20. 163 ALBANIA 14 Nov 2002 (*1–8. 17–20. 19. 4–9. 25–27. 31). 30. ANDORRA 12 Nov 2004 (*1–5. right to housing. BULGARIA 7 Jun 2000 (*Part I.7) and its additional Protocol (IV. 57(4)). 29 and general). 5–15. 11–13. FRANCE 7 May 1999 (*Part II). 31). 18. 2. rights of workers with family responsibilities to equal opportunities and equal treatment. 24–26. BELGIUM 3 Mar 2004 (*1–22. 2. 10–12. 4–6. ARTICLE 16 The Right of the Family to Social. 20. 19. 12–14. SLOVENIA 7 May 1999 (*1–30 and general). 7. 26. Legal and Economic Protection With a view to ensuring the necessary conditions for the full development of the family. 14. 26. 29–31) The revised Charter embodies in one instrument all rights guaranteed by the European Social Charter (IV. 29. 25. 17. 19–21. 23. 28 and territorial). FINLAND 21 Jun 2002 (*1. the Parties undertake to promote the economic. as provided for in Part III. 20 and general). 25. 28) ESTONIA 11 Sep 2000 (*1–17. 27. 27. PART I The Parties undertake. 11. 11. 21 (a. 29). 1–8. IRELAND 4 Nov 2000 (8(3).

ARTICLE 1 Procedural safeguards relating to expulsion of aliens 1. AUSTRIA 14 May 1986 (*2. when such expulsion is necessary in the interests of public order or is grounded on reasons of national security. SLOVENIA 28 Jun 1994. 6). LITHUANIA 20 Jun 1995. [. BULGARIA 4 Nov 2000. 6). MONACO 30 Nov 2005 (*2). PORTUGAL 20 Dec 2004 (*2. MOLDOVA 12 Sep 1997. AZERBAIJAN 15 Apr 2002 (*territorial). 4). 3. POLAND 4 Dec 2002. 3. ICELAND 22 May 1987. 117 ALBANIA 2 Oct 1996. An alien lawfully resident in the territory of a State shall not be expelled therefrom except in pursuance of a decision reached in accordance with law and shall be allowed: a. 17. UKRAINE 11 Sep 1997 The right of individual petition to the European Commission of Human Rights and the recognition of the compulsory jurisdiction of the European Court of Human Rights as provided for under Articles 250) and 46(1) of the Convention respectively have been recognised by all Council of Europe Member States. 5. to submit reasons against his expulsion. ESTONIA 16 Apr 1996. 3. AS AMENDED BY PROTOCOL NO. which are sometimes made with temporal or territorial reservations or declarations. CZECH REPUBLIC 18 Mar 1992 (*5. SAN MARINO 22 Mar 1989 (*3). and c. ARMENIA 26 Apr 2002. BOSNIA & HERZEGOVINA 12 Jul 2002. FINLAND 10 May 1990.S. SERBIA & MONTENEGRO 3 Mar 2004. ROMANIA 20 Jun 1994. 4. DENMARK 18 Aug 1988 (*2(1). are generally made for renewable periods of between 3 and 5 years. ITALY 7 Nov 1991 (*2. 7 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS. 5). SLOVAKIA 18 Mar 1992. SWEDEN 8 Nov 1985 (*1_. TURKEY 18 May 1954. NORWAY 25 Oct 1988. CROATIA 5 Nov 1997. to be represented for these purposes before the competent authority or a person or persons designated by that authority. 4). b and c of this Article. to have his case reviewed. CYPRUS 15 Sep 2000.a. RUSSIA 5 May 1998. FRANCE 17 Feb 1986 (*2. b.285 IV. Declarations under these Articles.T. LUXEMBOURG 19 Apr 1989 (*5). MALTA 15 Jan 2003. . PROTOCOL NO. An alien may be expelled before the exercise of his rights under paragraph 1. 22 November 1984 E. LIECHTENSTEIN 8 Feb 2005 (*2). SWITZERLAND 24 Feb 1988 (*1. IRELAND 3 Aug 2001.] . . MACEDONIA (FORMER YUGOSLAV REPUBLIC OF) 10 Apr 1997. 11 Strasbourg. 4). 6). GEORGIA 13 Apr 2000. UNITED KINGDOM 8 Mar 1951. 2. GREECE 29 Oct 1987. LATVIA 27 Jun 1997. HUNGARY 5 Nov 1992.

political or other opinion. association with a national minority. SAN MARINO 25 Apr 2003. language.T. ARMENIA 17 Dec 2004. SERBIA & MONTENEGRO 3 Mar 2004 ARTICLE 1 General prohibition of discrimination 1.286 IV.18. BOSNIA & HERZEGOVINA 27 Jul 2003. NETHERLANDS 28 Jul 2004 (*2). FINLAND 17 Dec 2004. CROATIA 3 Feb 2003. religion. PROTOCOL NO. race. colour. No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1. 177 ALBANIA 26 Nov 2004. property. MACEDONIA (FORMER YUGOSLAV REPUBLIC) 13 Jul 2004. The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex.S. CYPRUS 30 Apr 2002. 2. 12 TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS (Extract) Rome. 4 November 2000 E. . birth or other status. national or social origin. GEORGIA 15 Jun 2001 (*general).

PART FIVE European Union Provisions governing Freedom of Movement for Citizens and their Dependents .

.

UNITED KINGDOM 22 Jan 1972 Article 2 The Community shall have as its task. (c) an internal market characterised by the abolition. Article 3 1. services and capital. GREECE 28 May 1979. the activities of the Community shall include. the raising of the standard of living and quality of life. measures concerning the entry and movement of persons as provided for in Title IV .. CYPRUS 16 Apr 2003. as provided in this Treaty and in accordance with the timetable set out therein: (a) the prohibition. and of all other measures having equivalent effect. GERMANY 25 Mar 1957. MALTA 16 Apr 2003. For the purposes set out in Article 2. 25 March 1957. LITHUANIA 16 Apr 2003. IRELAND 22 Jan 1972. persons. ITALY 25 Mar 1957. SLOVAKIA 16 Apr 2003. as between Member States. BELGIUM 25 Mar 1957. a high level of protection and improvement of the quality of the environment.1. FRANCE 25 Mar 1957. PORTUGAL 12 Jun 1985. POLAND 16 Apr 2003. of customs duties and quantitative restrictions on the import and export of goods. SPAIN 12 Jun 1985. . . 24 December 2002 OJ 2002 C 325/1–184 AUSTRIA 24 Jun 1994.. DENMARK 22 Jan 1972. SWEDEN 24 Jun 1994.289 V. HUNGARY 16 Apr 2003. ESTONIA 16 Apr 2003. LUXEMBOURG 25 Mar 1957. and economic and social cohesion and solidarity among Member States. equality between men and women. a high degree of competitiveness and convergence of economic performance. CZECH REPUBLIC 16 Apr 2003. a high level of employment and of social protection. SLOVENIA 16 Apr 2003. to promote throughout the Community a harmonious. TREATY ESTABLISHING THE EUROPEAN COMMUNITY (Excerpts) Rome. by establishing a common market and an economic and monetary union and by implementing common policies or activities referred to in Articles 3 and 4. FINLAND 24 Jun 1994. NETHERLANDS 25 Mar 1957. balanced and sustainable development of economic activities. sustainable and non-inflationary growth. as between Member States. of obstacles to the free movement of goods. . Treaty of Nice Consolidated Version. LATVIA 16 Apr 2003. .

within three months of the matter being referred to it. If the Council does not approve all the amendments. the common position. the President of the Council. by an absolute majority of its component members. the Council. the Council shall act unanimously on the amendments on which the Commission has delivered a negative opinion. by a qualified majority of the Members of the Council or their representatives and by a majority of the representatives of the European Parliament. – shall otherwise adopt a common position and communicate it to the European Parliament. within three months of such communication.290 Article 12 Within the scope of application of this Treaty. the European Parliament: (a) approves the common position or has not taken a decision. which shall deliver an opinion on those amendments. the act in question shall be deemed to have been adopted in the form of the common position thus amended. Where reference is made in this Treaty to this Article for the adoption of an act. shall have the task of reaching agreement on a joint text. the amended text shall be forwarded to the Council and to the Commission. however. 1 .1 may adopt rules designed to prohibit such discrimination Article 251 provides: “1. may adopt the proposed act thus amended. the proposed act shall be deemed not to have been adopted. 4. shall within six weeks convene a meeting of the Conciliation Committee. The Commission shall submit a proposal to the European Parliament and the Council. (b) rejects. in agreement with the President of the European Parliament. the act in question shall be deemed to have been adopted in accordance with that common position. (c) proposes amendments to the common position by an absolute majority of its component members. The Council. If. acting by a qualified majority after obtaining the opinion of the European Parliament: – if it approves all the amendments contained in the European Parliament’s opinion. – if the European Parliament does not propose any amendments. the Conciliation Committee shall address the common position on the basis of the amendments proposed by the European Parliament. any discrimination on grounds of nationality shall be prohibited. The Commission shall take part in the Conciliation Committee’s proceedings and shall take all the necessary initiatives with a view to reconciling the positions of the European Parliament and the Council. 2. may adopt the proposed act. The Commission shall inform the European Parliament fully of its position. which shall be composed of the Members of the Council or their representatives and an equal number of representatives of the European Parliament. 3. The Conciliation Committee. and without prejudice to any special provisions contained therein. the following procedure shall apply. The Council. The Council shall inform the European Parliament fully of the reasons which led it to adopt its common position. acting in accordance with the procedure referred to in Article 251. In fulfilling this task. approves all the amendments of the European Parliament. acting by a qualified majority. If.

these arrangements may provide for derogations where warranted by problems specific to a Member State. Paragraph 2 shall not apply to provisions on passports. Where the Conciliation Committee does not approve a joint text. 2.291 PART TWO: CITIZENSHIP OF Article 17 1. subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect. the Council may adopt provisions with a view to facilitating the exercise of the rights referred to in paragraph 1. the proposed act shall be deemed not to have been adopted. Citizens of the Union shall enjoy the rights conferred by this Treaty and shall be subject to the duties imposed thereby. 7. If action by the Community should prove necessary to attain this objective and this Treaty has not provided the necessary powers. the European Parliament. The periods of three months and six weeks referred to in this Article shall be extended by a maximum of one month and two weeks respectively at the initiative of the European Parliament or the Council. Citizenship of the Union shall complement and not replace national citizenship. The Council shall act in accordance with the procedure referred to in Article 251. 6. and the Council. THE UNION 5. acting by an absolute majority of the votes cast. Every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate at municipal elections in the Member State in which he resides. 3. If either of the two institutions fails to approve the proposed act within that period. it shall be deemed not to have been adopted. identity cards. Article 18 1. This right shall be exercised subject to detailed arrangements adopted by the Council. Article 19 1. residence permits or any other such document or to provisions on social security or social protection. . 2. shall each have a period of six weeks from that approval in which to adopt the act in question in accordance with the joint text. within six weeks of its being convened. Citizenship of the Union is hereby established. If. under the same conditions as nationals of that State. the Conciliation Committee approves a joint text. Every person holding the nationality of a Member State shall be a citizen of the Union. acting by a qualified majority. acting unanimously on a proposal from the Commission and after consulting the European Parliament. Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States.

the Court of Auditors. the Council. these arrangements may provide for derogations where warranted by problems specific to a Member State. acting unanimously on a proposal from the Commission and after consulting the European Parliament. Member States shall establish the necessary rules among themselves and start the international negotiations required to secure this protection.4 Every citizen of the Union may write to any of the institutions or bodies referred to in this Article or in Article 75 in one of the languages mentioned in Article 3146 and have an answer in the same language. . on the same conditions as the nationals of that State. Danish. Article 20 Every citizen of the Union shall.” 3 Article 194 provides: “Any citizen of the Union. . the Court. with the exception of the Court of Justice and the Court of First Instance acting in their judicial role . her or it directly. individually or in association with other citizens or persons. 2 Article 190(4) provides: “The European Parliament shall draw up a proposal for elections by direct universal suffrage in accordance with a uniform procedure in all Member States or in accordance with principles common to all Member States. Greek. under the same conditions as nationals of that State. This right shall be exercised subject to detailed arrangements adopted by the Council.e. Finnish.3 Every citizen of the Union may apply to the Ombudsman established in accordance with Article 195.e.292 2. Without prejudice to Article 190(4)2 and to the provisions adopted for its implementation. 6 I. Portuguese. shall have the right to address. Irish.” 5 I. every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate in elections to the European Parliament in the Member State in which he resides. .” 4 Article 195 begins: “The European Parliament shall appoint an Ombudsman empowered to receive complaints from any citizen of the Union or any natural or legal person residing or having its registered office in a Member State concerning instances of maladministration in the activities of the Community institutions or bodies. and any natural or legal person residing or having its registered office in a Member State. the Commission. a petition to the European Parliament on a matter which comes within the Community’s fields of activity and which affects him. Spanish and Swedish. English. Article 21 Every citizen of the Union shall have the right to petition the European Parliament in accordance with Article 194. be entitled to protection by the diplomatic or consular authorities of any Member State. in the territory of a third country in which the Member State of which he is a national is not represented. Parliament.

in particular: (a) by ensuring close cooperation between national employment services. to the Council and to the Economic and Social Committee every three years on the application of the provisions of this part. 2. the Council. This report shall take account of the development of the Union. subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission. Article 40 The Council shall. (b) by abolishing those administrative procedures and practices and those qualifying periods in respect of eligibility for available employment. which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements. 3. subject to limitations justified on grounds of public policy. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment. remuneration and other conditions of work and employment. acting unanimously on a proposal from the Commission and after consulting the European Parliament. Freedom of movement for workers shall be secured within the Community. (b) to move freely within the territory of Member States for this purpose. public security or public health: (a) to accept offers of employment actually made. SERVICES AND CAPITAL CHAPTER 1: WORKERS Article 39 1. TITLE III: FREE MOVEMENT OF PERSONS. may adopt provisions to strengthen or to add to the rights laid down in this part. regulation or administrative action. (c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law. issue directives or make regulations setting out the measures required to bring about freedom of movement for workers. The provisions of this article shall not apply to employment in the public service. 4. and without prejudice to the other provisions of this Treaty. acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee.293 Article 22 The Commission shall report to the European Parliament. (d) to remain in the territory of a Member State after having been employed in that State. as defined in Article 39. It shall entail the right. whether resulting . On this basis.

for the purpose of acquiring and retaining the right to benefit and of calculating the amount of benefit.294 from national legislation or from agreements previously concluded between Member States. (d) by setting up appropriate machinery to bring offers of employment into touch with applications for employment and to facilitate the achievement of a balance between supply and demand in the employment market in such a way as to avoid serious threats to the standard of living and level of employment in the various regions and industries. adopt such measures in the field of social security as are necessary to provide freedom of movement for workers. of all periods taken into account under the laws of the several countries. CHAPTER 2: RIGHT OF ESTABLISHMENT Article 43 Within the framework of the provisions set out below. to this end. the maintenance of which would form an obstacle to liberalisation of the movement of workers. (c) by abolishing all such qualifying periods and other restrictions provided for either under national legislation or under agreements previously concluded between Member States as imposed on workers of other Member States conditions regarding the free choice of employment other than those imposed on workers of the State concerned. The Council shall act unanimously throughout the procedure referred to in Article 251. branches or subsidiaries by nationals of any Member State established in the territory of any Member State. within the framework of a joint programme. acting in accordance with the procedure referred to in Article 251. Article 41 Member States shall. Article 42 The Council shall. encourage the exchange of young workers. Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings. it shall make arrangements to secure for migrant workers and their dependants: (a) aggregation. restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of agencies. in particular com- . (b) payment of benefits to persons resident in the territories of Member States.

under the conditions laid down for its own nationals by the law of the country where such establishment is effected. in particular: (a) by according. (h) by satisfying themselves that the conditions of establishment are not distorted by aids granted by Member States. (c) by abolishing those administrative procedures and practices. (b) by ensuring close cooperation between the competent authorities in the Member States in order to ascertain the particular situation within the Community of the various activities concerned. (f ) by effecting the progressive abolition of restrictions on freedom of establishment in every branch of activity under consideration. as a general rule. priority treatment to activities where freedom of establishment makes a particularly valuable contribution to the development of production and trade. are required by Member States of companies or firms within the meaning of the second paragraph of Article 48 with a view to making such safeguards equivalent throughout the Community. 2. branches or subsidiaries. In order to attain freedom of establishment as regards a particular activity. for the protection of the interests of members and other. subject to the provisions of the chapter relating to capital. the maintenance of which would form an obstacle to freedom of establishment. Article 44 1.295 panies or firms within the meaning of the second paragraph of Article 48. both as regards the conditions for setting up agencies. The Council and the Commission shall carry out the duties devolving upon them under the preceding provisions. (e) by enabling a national of one Member State to acquire and use land and buildings situated in the territory of another Member State. (d) by ensuring that workers of one Member State employed in the territory of another Member State may remain in that territory for the purpose of taking up activities therein as self-employed persons. branches or subsidiaries in the territory of a Member State and as regards the subsidiaries in the territory of a Member State and as regards the conditions governing the entry of personnel belonging to the main establishment into managerial or supervisory posts in such agencies. in so far as this does not conflict with the principles laid down in Article 33(2). whether resulting from national legislation or from agreements previously concluded between Member States. . the Council. acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee. where they satisfy the conditions which they would be required to satisfy if they were entering that State at the time when they intended to take up such activities. shall act by means of directives. (g) by coordinating to the necessary extent the safeguards which.

. so far as any given Member State is concerned. be treated in the same way as natural persons who are nationals of Member States. issue directives for the mutual recognition of diplomas. for the purposes of this Chapter. issue directives for the coordination of the provisions laid down by law. 2. the Council shall. acting in accordance with the procedure referred to in Article 251. with the exercise of official authority. certificates and other evidence of formal qualifications. The Council shall. 2. The Council. In the case of the medical and allied and pharmaceutical professions. the progressive abolition of restrictions shall be dependent upon coordination of the conditions for their exercise in the various Member States. save for those which are non-profit-making. In other cases the Council shall act by qualified majority. acting by a qualified majority on a proposal from the Commission. shall decide on directives the implementation of which involves in at least one Member State amendment of the existing principles laid down by law governing the professions with respect to training and conditions of access for natural persons. regulation or administrative action in Member States concerning the taking-up and pursuit of activities as self-employed persons. The provisions of this chapter and measures taken in pursuance thereof shall not prejudice the applicability of provisions laid down by law. to activities which in that State are connected. and other legal persons governed by public or private law. acting in accordance with the procedure referred to in Article 251. the Council shall. public security or public health. regulation or administrative action providing for special treatment for foreign nationals on grounds of public policy. acting in accordance with the procedure referred to in Article 251. The Council may.296 Article 45 The provisions of this chapter shall not apply. Article 48 Companies or firms formed in accordance with the law of a Member State and having their registered office. Article 47 1. 3. issue directives for the coordination of the abovementioned provisions. acting unanimously throughout the procedure referred to in Article 251. including cooperative societies. For the same purpose. Article 46 1. In order to make it easier for persons to take up and pursue activities as selfemployed persons. central administration or principal place of business within the Community shall. “Companies or firms” means companies or firms constituted under civil or commercial law. rule that the provisions of this chapter shall not apply to certain activities. even occasionally.

Article 52 1. Freedom to provide services in the field of transport shall be governed by the provisions of the title relating to transport. issue directives acting by a qualified majority. the person providing a service may. under the same conditions as are imposed by that State on its own nationals. Article 50 Services shall be considered to be “services” within the meaning of this Treaty where they are normally provided for remuneration. acting by a qualified majority on a proposal from the Commission. the Council shall. priority shall as a general rule be given to those services which directly affect production costs or the liberalisation of which helps to promote trade in goods. . (b) activities of a commercial character. Article 51 1. in order to do so. restrictions on freedom to provide services within the Community shall be prohibited in respect of nationals of Member States who are established in a State of the Community other than that of the person for whom the services are intended. 2. temporarily pursue his activity in the State where the service is provided. on a proposal from the Commission and after consulting the Economic and Social Committee and the European Parliament. In order to achieve the liberalisation of a specific service.297 CHAPTER 3: SERVICES Article 49 Within the framework of the provisions set out below. 2. “Services” shall in particular include: (a) activities of an industrial character. The Council may. capital and persons. The liberalisation of banking and insurance services connected with movements of capital shall be effected in step with the liberalisation of movement of capital. extend the provisions of the Chapter to nationals of a third country who provide services and who are established within the Community. in so far as they are not governed by the provisions relating to freedom of movement for goods. (d) activities of the professions. As regards the directives referred to in paragraph 1. Without prejudice to the provisions of the chapter relating to the right of establishment. (c) activities of craftsmen.

. each Member State shall apply such restrictions without distinction on grounds of nationality or residence to all persons providing services within the meaning of the first paragraph of Article 49. the Commission shall make recommendations to the Member States concerned. if their general economic situation and the situation of the economic sector concerned so permit.298 Article 53 The Member States declare their readiness to undertake the liberalisation of services beyond the extent required by the directives issued pursuant to Article 52(1). Article 54 As long as restrictions on freedom to provide services have not been abolished. Article 55 The provisions of Articles 45 to 48 shall apply to the matters covered by this chapter. To this end.

.2. LATVIA 16 Apr 2003. NETHERLANDS 25 Mar 1957. TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY (Excerpt) Rome. DENMARK 22 Jan 1972. FINLAND 24 Jun 1994. Hungary. SLOVENIA 16 Apr 2003. CYPRUS 16 Apr 2003. acting by a qualified majority on a proposal from the Commission. PORTUGAL 12 Jun 1985. CZECH REPUBLIC 16 Apr 2003. FRANCE 25 Mar 1957. BELGIUM 25 Mar 1957. After consulting the European Parliament. SPAIN 12 Jun 1985. ITALY 25 Mar 1957.T. 169 AUSTRIA 24 Jun 1994. issue directives for the application of this Article. Austria and Sweden. LITHUANIA 16 Apr 2003. MALTA 16 Apr 2003.N. LUXEMBOURG 25 Mar 1957. GREECE 28 May 1979. GERMANY 25 Mar 1957. the Council may.S. SLOVAKIA 16 Apr 2003. IRELAND 22 Jan 1972.299 V. HUNGARY 16 Apr 2003. Article 96 The Member States shall abolish all restrictions based on nationality affecting the right of nationals of any Member State to take skilled employment in the field of nuclear energy. subject to the limitations resulting from the basic requirements of public policy. which shall first request the opinion of the Economic and Social Committee. UNITED KINGDOM 22 Jan 1972 The following Member States have made a declaration noting that the main provisions of the Euratom Treaty have not been amended since its entry into force and need to be brought up to date: Germany. SWEDEN 24 Jun 1994. Ireland. ESTONIA 16 Apr 2003. POLAND 16 Apr 2003. 25 March 1957 298 U. They support the idea of convening an intergovernmental conference to revise the Treaty. public security or public health.

designing or construction of installations or equipment or constituent parts of the installations or equipment used in the fields listed in subparagraphs (a) and (b). UNITED KINGDOM Article 1 Member States shall. source materials or special fissile materials or for the reprocessing of irradiated nuclear fuels. EURATOM DIRECTIVE 62/302 OF 5 MARCH 1962 ON FREEDOM TO TAKE SKILLED EMPLOYMENT IN THE FIELD OF NUCLEAR ENERGY OJ 1962 57. ITALY. DENMARK. LITHUANIA. SLOVENIA. repair or technical operation of installations and equipment for: – production. LUXEMBOURG. IRELAND. (b) supervision. POLAND. NETHERLANDS. separation or any use of ores.3. Article 2 For the purposes of this Directive. – production of nuclear energy. (c) planning. (d) protection against radiation. “skilled employment” means employment in the field of nuclear energy which requires specifically nuclear knowledge the acquisition of which calls for special training or at least five months’ practical work and which relates to: (a) nuclear energy research in the fields listed in Annex I to the Treaty. BELGIUM. such as moderators and structural. SPAIN. in accordance with this Directive. – transport or storage of radioactive materials. – disposal of nuclear waste and radioactive impurities. SWEDEN. SLOVAKIA. 1650 AUSTRIA. FRANCE. – production. LATVIA. . – production of the special materials needed in the nuclear field. PORTUGAL. MALTA. maintenance. GERMANY. cladding and shielding materials specially devised for nuclear purposes. ESTONIA. preparation or use of radioactive isotopes. CZECH REPUBLIC. take the measures necessary to abolish all restrictions based on nationality affecting the right of nationals of any Member State to take skilled employment in the field of nuclear energy. – isotope separation. FINLAND. CYPRUS.300 V. GREECE. HUNGARY. Article 3 The employments listed in the Annex to this Directive shall in every case be recognised as coming within the definition of skilled employment given in Article 2.

– Action of radiation on matter. behaviour of such materials during irradiation and in the .301 Article 4 Member States shall adopt all necessary measures for the automatic granting of authorisations required for the pursuit of any employment referred to in Articles 2 and 3.) (ceramics engineer and technician). This Directive shall not adversely affect the measures taken in implementation of the Treaty establishing the European Coal and Steel Community which relate to workers who have recognised qualifications in a coal-mining or steel-making occupation. Article 5 With regard to any matter not covered by this Directive. – Properties of structural materials for nuclear reactors. ANNEX First list of types of skilled employment within the meaning of Article 2 of this Directive Employment requiring knowledge equivalent to that of a nuclear engineer or nuclear technician Employment requiring knowledge in one of the following fields: – Working conditions peculiar to the nuclear field and designing of nuclear equipment (nuclear engineer and nuclear technician). etc. Conditions for granting such authorisations shall in no instance be less liberal than the conditions in respect of offers to named persons as laid down by the measures taken in pursuance of Articles 48 and 49 of the Treaty establishing the European Economic Community. preparation of nuclear substances. Member States shall apply the measures taken in pursuance of the Treaty establishing the European Economic Community which relate to freedom of movement for workers. and nuclear properties of the various substances used as fuels. moderators and structural materials for nuclear equipment. – Properties of ceramics used in the field of nuclear energy (uranium and thorium oxides. disposal of radioactive waste or decontamination (chemical engineer and technician). Article 6 This Directive is addressed to the Member States. cladding materials for fuels and for metallic fuels. reprocessing of irradiated fuels. uranium carbide. – Special mechanical problems in the nuclear field and designing of auxiliary equipment (mechanical engineer and technician).

of fuel elements. or the carrying out of technical research or complicated measurements and supervision of compliance with safety measures necessitated by the special nature of such mines. Assessment and checking of the technical safety of the reactor and of the experimental nuclear plant (safety engineer and technician). Reactor superintendent Employment involving the operation of a reactor and requiring knowledge of fundamentals of electronics and reactor dynamics and also ability to interpret diagrams and to locate and repair minor breakdowns. by forging.302 presence of the substances used in reactors or in reprocessing facilities (metallurgical engineer and technician). Operative (preparation of fuel elements) Employment involving the carrying out of operations involved in the fabrication. the preparation and acceptance of metallic clads for fuels. in cooperation with analysts.) of traces of radioactivity. and interpretation of the information obtained in order to direct later operations. their chemical composition and other characteristics. supervision and/or control of one or more or of all underground sections or activities of a uranium mine. their inspection and testing. Mine superintendent in uranium mines Employment involving the direction. – – – – Prospector Employment involving detection with the aid of special instruments (Geiger-Muller counters. Test driller in uranium mines Employment requiring skill in directing operations relating to test borings in order to determine the nature of the land and to detect the presence of radioactive materials. and measures necessary in the event of a major breakdown (operating engineer and technician). etc. Control of nuclear reactors. measurement of radioactivity (electronics engineer and technician). Special features and operational supervision of a reactor. Laboratory technician Employment involving the study of radioactive ores and the carrying out. in locations indicated by geologists. . interpretation of the information obtained in order to guide later research. Neutron physics of nuclear reactors and essential requirements arising therefrom (thermodynamics engineer and technician). however slight. of chemical and physical analyses of samples in order to determine the intensity of radiation of the samples.

to undertake a test single-handed in accordance with detailed instructions and to express the results in quantitative terms. Engineering draughtsman (specialising in the nuclear field) Employment requiring ability to prepare a simple design from written data and to illustrate it with rapidly executed drawings or sketches. etc. in accordance with instructions. unloading and cooling of nuclear fuels Employment requiring ability to handle. giving visual representation of the subject of the design as defined. ability to give orders and to take decisions. if necessary.303 Reactor operations supervisor Employment involving the operation of a reactor and requiring good general knowledge plus a thorough knowledge of all the distinctive features of the reactor. devices for loading. Radiation protection officer Employment involving supervision of the safety of staff operating reactors or of staff in uranium mines or other nuclear installations. in the event of contamination. Decontamination officer Employment requiring ability to carry out. and to apply the radiation protection regulations in force. and requiring sound knowledge of the dangers arising from radiation and of protection against radiation. the construction. Laboratory technician (hot laboratory) Employment requiring ability to interpret diagrams and to carry out the necessary assembly and adjustment. knowledge of the dangers arising from radiation and ability to use remote-control apparatus. Operative (particle accelerator) Employment involving the operation and handling of high-voltage apparatus for electrostatic accelerators. unloading and cooling nuclear fuels. . Operative in charge of loading. use and handling of ion sources. the handling and the operation of apparatus to detect and measure radioactivity. to take practical measures. the necessary measures and certain special decontamination operations and.

under “Legislation I”. Having regard to the proposal from the Commission. and in particular Article 227(2) thereof. COUNCIL DECISION 68/359 OF 15 OCTOBER 1968 APPLYING ARTICLES 48 AND 49 OF THE TREATY TO THE FRENCH OVERSEAS DEPARTMENTS OJ 1968 L257/1 THE COUNCIL OF THE EUROPEAN COMMUNITIES. Whereas the second subparagraph of Article 227(2) provides that the Council shall determine the conditions under which the provisions of the Treaty other than those contained in the first subparagraph of paragraph 2 of that Article. Having regard to the Treaty establishing the European Economic Community. and in particular the provisions of Articles 48 and 49 of the Treaty. are to apply to the French overseas departments. . HAS DECIDED AS FOLLOWS: Article 1 Articles 48 and 49 of the Treaty establishing the European Economic Community and the measures taken in implementation of those Articles shall apply to the French overseas departments.4.304 V. It shall enter into force on the twentieth day following its publication. Whereas freedom of movement for workers is likely to promote the economic and social development of those departments. Article 2 This Decision shall be published in the Official Journal of the European Communities.

Regulation 2434/92 of 27 July 1992. whereas mobility of labour within the Community must be one of the means by which the worker is guaranteed the possibility of improving his living and working conditions and promoting his social advancement. Whereas freedom of movement constitutes a fundamental right of workers and their families. 7 8 OJ 1967 268/9. Whereas by reason in particular of the early establishment of the customs union and in order to ensure the simultaneous completion of the principal foundations of the Community. Whereas such right must be enjoyed without discrimination by permanent. and in particular Article 49 thereof. COUNCIL REGULATION 1612/68 OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY As amended by Regulation 312/76 of 9 February 1976.7 Having regard to the Opinion of the Economic and Social Committee. 38/54/EEC4 of 25 March 1964 on freedom of movement for workers within the Community. OJ 2004 L158/77 OJ 1968 L 257/2 THE COUNCIL OF THE EUROPEAN COMMUNITIES. while helping to satisfy the requirements of the economies of the Member States. OJ 1967 298/10. OJ 1992 L245/1 and Directive 2004/38 of 29 April 2004. OJ 1976 L39/2. Having regard to the proposal from the Commission. as well as the right of such workers to move freely within the Community in order to pursue activities as employed persons subject to any limitations justified on grounds of public policy. Having regard to the Treaty establishing the European Economic Community. remuneration and other conditions of work and employment. Having regard to the Opinion of the European Parliament.8 Whereas freedom of movement for workers should be secured within the Community by the end of the transitional period at the latest. . 153 on the first steps for attainment of freedom of movement and under Council Regulation No.5. seasonal and frontier workers and by those who pursue their activities for the purpose of providing services.305 V. whereas the attainment of this objective entails the abolition of any discrimination based on nationality between workers of the Member States as regards employment. whereas the right of all workers in the Member States to pursue the activity of their choice within the Community should be affirmed. public security or public health. provisions should be adopted to enable the objectives laid down in Articles 48 and 49 of the Treaty in the field of freedom of movement to be achieved and to perfect measures adopted successively under Regulation No.

measures should be provided for the case where a Member State undergoes or foresees disturbances on its labour market which may seriously threaten the standard of living and level of employment in a region or an industry. by objective standards. whereas for this purpose the exchange of information. by its Decision of 15 October 19681 made Articles 48 and 49 of the Treaty and also the measures taken in implementation thereof applicable to the French overseas departments. and whereas it is therefore necessary to direct the efforts of Member States toward co-ordinating their employment policies at Community level. in order that it may be exercised. whereas workers wishing to move should also be regularly informed of living and working conditions. Whereas the Council. aimed at discouraging workers from moving to such a region or industry. where necessary.306 Whereas the right of freedom of movement. and also that obstacles to the mobility of workers shall be eliminated. whereas such links make it necessary that the problems arising in this connection should no longer be studied in isolation but viewed as inter-dependent. in particular as regards the worker’s right to be joined by his family and the conditions for the integration of that family into the host country. whereas. in freedom and dignity. account also being taken of the problems of employment at the regional level. HAS ADOPTED THIS REGULATION: . Whereas the principle of non-discrimination between Community workers entails that all nationals of Member States have the same priority as regards employment as is enjoyed by national workers. furthermore. constitutes the method to be applied in the first place but. employment and vocational training. it should be possible to strengthen the results of such exchange of information by temporarily suspending the abovementioned machinery. particularly where the latter aims at putting workers in a position to take up offers of employment from other regions of the Community. requires that equality of treatment shall be ensured in fact and in law in respect of all matters relating to the actual pursuit of activities as employed persons and to eligibility for housing. Whereas it is necessary to strengthen the machinery for vacancy clearance. as well as by increasing and co-ordinating the exchange of information in order to ensure in a general way a clearer picture of the labour market. Whereas close links exist between freedom of movement for workers. in particular by developing direct co-operation between the central employment services and also between the regional services. any such decision to be taken at Community level.

regulation or administrative action or administrative practices of a Member State shall not apply:—where they limit application for and offers of employment. have the right to take up available employment in the territory of another Member State with the same priority as nationals of that State.307 PART I: EMPLOYMENT AND WORKERS’ FAMILIES TITLE I: ELIGIBILITY FOR Article 1 1. Article 2 Any national of a Member State and any employer pursuing an activity in the territory of a Member State may exchange their applications for and offers of employment. or – where. in particular. provisions laid down by law. There shall be included in particular among the provisions or practices of a Member State referred to in the first subparagraph of paragraph 1 those which: (a) prescribe a special recruitment procedure for foreign nationals. He shall. shall. where persons who do not reside in the territory of that State are concerned. 2. or the right of foreign nationals to take up and pursue employment or subject these to conditions not applicable in respect of their own nationals. regulation or administrative action governing the employment of nationals of that State. regulation or administrative action. Any national of a Member State. though applicable irrespective of nationality. Under this Regulation. Article 3 1. 2. EMPLOYMENT . (b) limit or restrict the advertising of vacancies in the press or through any other medium or subject it to conditions other than those applicable in respect of employers pursuing their activities in the territory of that Member State. irrespective of his place of residence. and to pursue such activity. without any discrimination resulting therefrom. and may conclude and perform contracts of employment in accordance with the provisions in force laid down by law. their exclusive or principal aim or effect is to keep nationals of other Member States away from the employment offered. (c) subject eligibility for employment to conditions of registration with employment offices or impede recruitment of individual workers. This provision shall not apply to conditions relating to linguistic knowledge required by reason of the nature of the post to be filled. have the right to take up an activity as an employed person. within the territory of another Member State in accordance with the provisions laid down by law.

1. Provisions laid down by law. When in a Member State the granting of any benefit to undertakings is subject to a minimum percentage of national workers being employed. The engagement and recruitment of a national of one Member State for a post in another Member State shall not depend on medical. nationals of the other Member States shall be counted as national workers. shall not apply to nationals of the other Member States.11. 2. reinstatement or re-employment. in particular as regards remuneration.2 1 OJ No. Article 6 1. remuneration and . regulation or administrative action of the Member States which restrict by number or percentage the employment of foreign nationals in any undertaking. a national who holds an offer in his name from an employer in a Member State other than that of which he is a national may have to undergo a vocational test.1968. 3. employment. or at a national level. p. L 257. if the employer expressly requests this when making his offer of employment. 159. 2. have access to training in vocational schools and retraining centres. TITLE II: EMPLOYMENT AND EQUALITY OF TREATMENT Article 7 1. branch of activity or region. Article 5 A national of a Member State who seeks employment in the territory of another Member State shall receive the same assistance there as that afforded by the employment offices in that State to their own nationals seeking employment. He shall also.1963. p. 19. by virtue of the same right and under the same conditions as national workers.308 Article 4 1. be treated differently from national workers by reason of his nationality in respect of any conditions of employment and work. vocational or other criteria which are discriminatory on grounds of nationality by comparison with those applied to nationals of the other Member State who wish to pursue the same activity. subject to the provisions of the Council Directive of 15 October 1963. He shall enjoy the same social and tax advantages as national workers. 2. dismissal. in the territory of another Member State. Nevertheless. 2661/63. and should he become unemployed. 2 OJ No. Any clause of a collective or individual agreement or of any other collective regulation concerning eligibility for employment. 2.10. A worker who is a national of a Member State may not. 4.

they shall be considered for this purpose as residing in the said region. This Article shall be reviewed by the Council on the basis of a proposal from the Commission which shall be submitted within not more than two years. A worker who is a national of a Member State and who is employed in the territory of another Member State shall enjoy all the rights and benefits accorded to national workers in matters of housing. 2. Such worker may. he shall enjoy the resultant benefits and priorities. A worker who is a national of a Member State and who is employed in the territory of another Member State shall enjoy equality of treatment as regards membership of trade unions and the exercise of rights attaching thereto. with the same right as nationals. . If his family has remained in the country whence he came. apprenticeship and vocational training courses under the same conditions as the nationals of that State. TITLE III: WORKERS’ FAMILIES [Articles 10 and 11 repealed by Article 38(1) of Council Directive 2004/38 of 29 April 2004] Article 12 The children of a national of a Member State who is or has been employed in the territory of another Member State shall be admitted to that State’s general educational. including ownership of the housing he needs. where such lists exist. he may be excluded from taking part in the management of bodies governed by public law and from holding an office governed by public law. put his name down on the housing lists in the region in which he is employed. Member States shall encourage all efforts to enable such children to attend these courses under the best possible conditions. Article 9 1. The provisions of this Article shall not affect laws or regulations in certain Member States which grant more extensive rights to workers coming from the other Member States. he shall have the right of eligibility for workers’ representative bodies in the undertaking.309 other conditions of work or dismissal shall be null and void in so far as it lays down or authorises discriminatory conditions in respect of workers who are nationals of the other Member States. where national workers benefit from a similar presumption. including the right to vote. if such children are residing in its territory. 2. Furthermore. Article 8 1.

2. The Member States shall send to the Commission information on problems arising in connection with the freedom of movement and employment of workers and particulars of the state and development of employment by region and by branch of activity. The specialist services of the other Member States shall ensure that wide publicity is given to such information. the Commission shall publish details thereof for information in the Official Journal of the European Communities. after having obtained the Opinion of the Advisory Committee. To this end the Member States shall designate specialist services which shall be entrusted with organising work in the fields referred to above and co-operating with each other and with the departments of the Commission. The central employment services of the Member States shall co-operate closely with each other and with the Commission with a view to acting jointly as regards the clearing of vacancies and applications for employment within the Community and the resultant placing of workers in employment. the Member States shall use uniform criteria established by the Commission in accordance with the results of the work of the Technical Committee carried out in pursuance of Article 33(d).310 PART II: CLEARANCE TITLE I: CO-OPERATION OF VACANCIES AND APPLICATIONS MEMBER STATES AND FOR EMPLOYMENT COMMISSION BETWEEN THE WITH THE Article 13 1. The Member States or the Commission shall instigate or together undertake any study of employment or unemployment which they consider necessary for securing freedom of movement for workers within the Community. The Member States shall notify the Commission of any change in the designation of such services. In co-operation with the Technical Committee. the specialist service of each Member State shall send to the specialist services of the other Member States and to the European Coordination Office such information concerning living and working conditions and the state of the labour market as is likely to be of guidance to workers from the other Member States. To assess the state of their labour markets. Such information shall be brought up to date regularly. the Commission shall determine the manner in which the information referred to in paragraph 1 shall be drawn up and the intervals at which it shall be communicated. 3. 2. In accordance with the procedure laid down by the Commission in agreement with the Technical Committee. in particular by circulating it among the appropriate employment services and by all suitable means of communication for informing the workers concerned. . Article 14 1.

shall be notified to the competent employment services of the Member State which has indicated that it has manpower available in the same occupation. The provisions of paragraph 1 shall not apply to vacancies offered to workers who are nationals of non-Member States where: (a) such an offer is made to a named worker and is of a special nature in view of: (i) the requirement of specialist qualifications or the confidential nature of the post offered or previous occupational ties. such applications shall be submitted to employers with the same priority as that granted to national workers over nationals of non-Member States. . Items (i) and (ii) shall be applied in accordance with the provisions set out in the Annex. For a period of 18 days from receipt of the communication of the vacancy to the services of the second Member State. within eighteen months following the entry into force of this Regulation. Any vacancy communicated to the employment services of a Member State which cannot be filled from the national labour market and which. vacancies shall be notified to non-Member States only if the Member State having such vacancies considers that for the occupations corresponding to such vacancies there are insufficient workers available who are nationals of the Member States. Article 16 1. The specialist service of each Member State shall forward such information to the appropriate employment services and agencies. The returns referred to in paragraph 1 shall be circulated according to a uniform system to be established by the European Co-ordination Office in collaboration with the Technical Committee. or between the latter and a worker who has been employed regularly for at least a year in the undertaking. At least once a month the specialist service of each Member State shall send to the specialist services of the other Member States and to the European Co-ordination Office a return showing by occupation and by region: (a) vacancies unfilled or unlikely to be filled by manpower from the national labour market. 2. on the basis of the returns referred to in Article 15.311 TITLE II: MACHINERY FOR VACANCY CLEARANCE Article 15 1. 2. During the above-mentioned period. (b) applicants for employment who have declared themselves actually ready and able to accept employment in another country. can be cleared within the Community. Such services shall forward to the services of the first Member State the details of suitable applications. (ii) the existence of family ties either between the employer and the worker asked for. 3.

and any amendment thereto. having intervened for the purposes of securing the employment of national workers or workers from the other Member States of the Community. Article 17 1. (c) such vacancies are offered by employers to workers resident in regions adjacent to either side of the frontier between a Member State and a non-Member State. However. (ii) establish direct relations for clearance: – of vacancies offered to a named worker. directly bring together and clear vacancies and applications for employment. (c) official employment services which specialise in certain occupations or specific categories of persons shall cooperate directly with each other. The provisions of Article 16 shall be implemented by the specialist services. (b) the services territorially responsible for the border regions of two or more Member States shall regularly exchange data relating to vacancies and applications for employment outstanding in their area and. Article 18 Adoption of recruiting procedures as applied by the implementing bodies provided for under agreements concluded between two or more Member States shall not be obligatory. acting in accordance with their arrangements with the other employment services of their countries. . where the employment services.312 (b) such vacancies are for the recruitment of homogeneous groups of seasonal workers of whom at least one named member has been offered a vacancy. shall directly bring together and clear vacancies and applications for employment. drawn up by common accord. in the Official Journal of the European Communities. on which appropriate action will be taken. – of individual applications for employment sent either to a specific employment service or to an employer pursuing his activity within the area covered by such a service. – where the clearing operations concern seasonal workers who must be recruited as quickly as possible. are of the opinion that such reasons are justified. in so far as they have been authorised by the central services and in so far as the organisation of the employment services of a Member State and the placing techniques employed make it possible: (a) the regional employment services of the Member States shall: (i) on the basis of the returns referred to in Article 15. (d) vacancies are offered expressly to workers from non-Member States by the employer for reasons connected with the smooth running of the undertaking. of services referred to in paragraph 1. The Member States concerned shall forward to the Commission the list. the Commission shall publish such list. 2.

Where such suspension does take place. The Council shall act on any such request within two weeks. on the basis of a report from the Commission drawn up from information supplied by the Member States. The Member States shall examine with the Commission all the possibilities of giving priority to nationals of Member States when filling employment vacancies in order to achieve a balance between vacancies and applications for employment within the Community. the latter and the Commission shall together analyse: – the results of Community arrangements for vacancy clearance. Article 20 1. request the Council to annul or amend any such decision. the employment services of the other Member States which have indicated that they have workers available shall not take any action to fill vacancies notified directly to them by employers in the Member States referred to in paragraph 1. They shall adopt all measures necessary for this purpose. – the foreseeable developments in the state of the labour market and. that State shall inform the Commission and the other Member States thereof and shall supply them with all relevant particulars. as far as possible. . 2. in order to restore to normal the situation in that region or occupation. Without prejudice to the application of the Treaty and of the Protocols annexed thereto. 2. the operation of the clearance machinery provided for in Articles 15. The Member States and the Commission shall take all suitable measures to inform Community workers so that they shall not apply for employment in that region or occupation. Any Member State may. the movements of manpower within the Community. Twice a year. 16 and 17 should be partially or totally suspended. within a strict time limit of two weeks. 3. the Member State referred to in paragraph 1 may request the Commission to state that. When a Member State undergoes or foresees disturbances on its labour market which could seriously threaten the standard of living or level of employment in a given region or occupation.313 TITLE III: MEASURES FOR CONTROLLING THE BALANCE OF THE LABOUR MARKET Article 19 1. The Commission shall decide on the suspension as such and on the duration thereof not later than two weeks after receiving such request. 4. – the number of placings of nationals of non-Member States.

(b) contributing to such objectives by implementing. (c) carrying out. 2. . such facts shall be communicated to the specialist services of the Member States and to the Advisory and Technical Committees. It shall communicate to the specialist services vacancies and applications for employment sent directly to the Commission. and also advanced programmes for specialist personnel. Article 23 The Commission may. shall have the general task of promoting vacancy clearance at Community level. are assigned to the Commission. in co-operation with the Technical Committee. under the provisions of this Regulation. established within the Commission (called in this Regulation the “European Co-ordination Office”). Article 22 1. and especially for assisting the national employment services. joint methods of action at administrative and technical levels. in particular. It shall be responsible in particular for all the technical duties in this field which. and in accordance with the conditions and procedures which it shall determine on the basis of the Opinion of the Technical Committee. and shall be informed of the action taken thereon. The European Co-ordination Office shall be responsible. in agreement with the competent authority of each Member State. organise visits and assignments for officials of other Member States. the bringing together of vacancies and applications for employment for clearance by these specialist services. and in agreement with the specialist services. for: (a) co-ordinating the practical measures necessary for vacancy clearance at Community level and for analysing the resulting movements of workers. so as to bring to light any useful facts about foreseeable developments on the Community labour market.314 TITLE IV: EUROPEAN CO-ORDINATION OFFICE Article 21 The European Office for Co-ordinating the Clearance of Vacancies and Applications for Employment. It shall summarise the information referred to in Articles 14 and 15 and the data arising out of the studies and research carried out pursuant to Article 13. where a special need arises.

thus contributing to the development of the economies and to an improved balance of the labour market. the members and their alternates shall remain in office until replaced or until their appointments are renewed. either at the request of the Commission or on its own initiative. two of whom shall represent the government. two the trade unions and two the employers’ associations. on the movement of workers between Member States. and on all forms of assistance to workers and their families. Article 26 1. (c) submitting to the Commission any reasoned proposals for revising this Regulation. 3. On expiry of their term of office. For each of the categories referred to in paragraph 1. .315 PART III: COMMITTEES FOR ENSURING CLOSE COOPERATION BETWEEN THE MEMBER STATES IN MATTERS CONCERNING THE FREEDOM OF MOVEMENT OF WORKERS AND THEIR EMPLOYMENT TITLE I: THE ADVISORY COMMITTEE Article 24 The Advisory Committee shall be responsible for assisting the Commission in the examination of any questions arising from the application of the Treaty and measures taken in pursuance thereof. The Advisory Committee shall be composed of six members for each Member State. 2. including social assistance and the housing of workers. (b) making a general study of the effects of implementing this Regulation and any supplementary measures. one alternate member shall be appointed by each Member State. The term of office of the members and their alternates shall be two years. with a view to co-ordinating the employment policies of the Member States at Community level. reasoned opinions on general questions or on questions of principle. Article 25 The Advisory Committee shall be responsible in particular for: (a) examining problems concerning freedom of movement and employment within the framework of national manpower policies. (d) delivering. on programmes or measures to develop vocational guidance and vocational training which are likely to increase the possibilities of freedom of movement and employment. in matters concerning the freedom of movement of workers and their employment. Their appointments shall be renewable. in particular on exchange of information concerning developments in the labour market.

The Chairman may be assisted by expert advisers. they shall be delivered by an absolute majority of the votes validly cast.316 Article 27 The members of the Advisory Committee and their alternates shall be appointed by the Council which shall endeavour. they shall be accompanied by a written statement of the views expressed by the minority. The Chairman shall not vote. . The entry into force of any amendment that the Committee decides to make thereto shall be subject to the same procedure. Article 29 The chairman may invite individuals or representatives of bodies with wide experience in the field of employment or movement of workers to take part in meetings as observers or as experts. has given its approval. Article 30 1. It shall be convened by its Chairman. to achieve adequate representation on the Committee of the various economic sectors concerned. either on his own initiative. Article 31 The Advisory Committee shall establish its working methods by rules of procedure which shall enter into force after the Council. Article 28 The Advisory Committee shall be chaired by a member of the Commission or his alternate. Secretarial services shall be provided for the Committee by the Commission. An opinion delivered by the Committee shall not be valid unless two-thirds of the members are present. when the latter so requests. having received an opinion from the Commission. when selecting representatives of trade unions and employers’ associations. The Committee shall meet at least twice a year. or at the request of at least one third of the members. The list of members and their alternates shall be published by the Council for information in the Official Journal of the European Communities. Opinions shall state the reasons on which they are based. 2.

317 TITLE II: THE TECHNICAL COMMITTEE Article 32 The Technical Committee shall be responsible for assisting the Commission to prepare. (d) investigating at a technical level the harmonisation of the criteria by which Member States assess the state of their labour markets. The Chairman shall not vote. Article 35 The Technical Committee shall be chaired by a member of the Commission or his representative. Secretarial services shall be provided for the Committee by the Commission. Article 36 The proposals and opinions formulated by the Technical Committee shall be submitted to the Commission. Each government shall appoint an alternate from among its other representatives – members or alternates – on the Advisory Committee. The Technical Committee shall be composed of representatives of the Governments of the Member States. and encouraging exchange of information and experience between the administrative bodies concerned. Each Government shall appoint as member of the Technical Committee one of the members who represent it on the Advisory Committee. 2. and the Advisory Committee shall be informed thereof. promote and follow up all technical work and measures for giving effect to this Regulation and any supplementary measures. Any such proposals and opinions shall be accompanied by a written statement of . (b) formulating procedures for the organisation of the joint activities of the public authorities concerned. The Chairman and the members of the Committee may be assisted by expert advisers. (c) facilitating the gathering of information likely to be of use to the Commission and for the studies and research provided for in this Regulation. Article 34 1. Article 33 The Technical Committee shall be responsible in particular for: (a) promoting and advancing co-operation between the public authorities concerned in the Member States on all technical questions relating to freedom of movement of workers and their employment.

38/64/EEC is necessary to determine the period of validity and extension of the residence permit. Article 37 The Technical Committee shall establish its working methods by rules of procedure which shall enter into force after the Council. The entry into force of any amendment which the Committee decides to make thereto shall be subject to the same procedure. such Member State may. the European Co-ordination Office shall propose any measures likely to be of use in drawing up and circulating the returns referred to in Article 15(1). Any written confirmation by the employer or certificate of employment showing that the worker has been engaged for an indefinite period shall have the same effect as that of a permanent work permit. when the latter so request.318 the views expressed by the various members of the Technical Committee. a Member State can no longer compile certain statistics on the employment of foreign nationals. retain the work permit in respect of nationals of . for statistical purposes. Article 41 If. has given its approval. by reason of the abolition of the work permit. having received an opinion from the Commission. written confirmation of engagement from the employer or a certificate of employment stating the period of employment may be substituted for such work permit. PART IV: TRANSITIONAL AND FINAL POVISIONS TITLE I: TRANSITIONAL PROVISIONS Article 38 Until the adoption by the Commission of the uniform system referred to in Article 15 (2). Article 40 Until the entry into force of the measures to be taken by Member States in pursuance of the Council Directive of 15 October 1968 and where. Article 39 The rules of procedure of the Advisory Committee and the Technical Committee in force at the time of entry into force of this Regulation shall continue to apply. under the measures taken by the Member States in pursuance of the Council Directive of 25 March 1964 the work permit provided for in Article 22 of Regulation No.

are pursuing activities as employed persons in the territory of one of those Member States may not invoke the benefit of the provisions of this Regulation in the territory of the other Member States. in accordance with this provision. Article 44 The Commission shall adopt measures pursuant to this Regulation for its implementation. This Regulation shall not affect the provisions of the Treaty establishing the European Coal and Steel Community which relate to workers with recognised qualifications in coalmining or steelmaking.319 the other Member States until new statistical methods are introduced. 3. 2. . but no later than 31 December 1969. This Regulation shall not affect measures taken in accordance with Article 51 of the Treaty. Workers from such countries or territories who. nor any measures taken in pursuance of those Treaties. Article 43 Member States shall. or – agreements in existence at the time of the entry into force of this Regulation with certain non-European countries or territories. nor those of the Treaty establishing the European Atomic Energy Community which deal with eligibility for skilled employment in the field of nuclear energy. conventions or arrangements concluded between them in the manpower field between the date of their being signed and that of their entry into force. TITLE II: FINAL PROVISIONS Article 42 1. based on institutional ties existing at the time of the entry into force of this Regulation. this Regulation shall apply to categories of workers referred to in the first subparagraph and to members of their families in so far as their legal position is not governed by the above-mentioned Treaties or measures. Nevertheless. To this end it shall act in close co-operation with the central public authorities of the Member States. communicate to the Commission the texts of agreements. for information purposes. The work permit must be issued automatically and must be valid until the actual abolition of work permits in such Member State. This Regulation shall not affect the obligations of Member States arising out of: – special relations or future agreements with certain non-European countries or territories. based on institutional ties between them.

restrictions on eligibility for employment of workers who are nationals of Member States. and ties of relationship to the first degree between two workers. This Regulation shall be binding in its entirety and directly applicable in all Member States. Article 46 The administrative expenditure of the Committees referred to in Part III shall be included in the budget of the European Communities in the section relating to the Commission. (2) The expression “confidential nature of the post” refers to employment which in the host country customarily involves special relations of trust between the employer and the worker. (3) The expression “previous occupational ties” applies when an employer applies for the engagement in the territory of a Member State of a worker whom he has already employed in that same territory for at least twelve months during the last four years. Article 47 This Regulation shall apply to the territories of the Member States and to their nationals. certificates or other evidence of formal qualifications may prevent freedom of movement for workers.320 Article 45 The Commission shall submit to the Council proposals aimed at abolishing. where the absence of mutual recognition of diplomas. 3. 10 and 11. without prejudice to Articles 2. ANNEX (1) For the purposes of Article 16(3) (a): (1) The expression “specialist” indicates a high or uncommon qualification referring to a type of work or a trade requiring specific technical knowledge. (4) The expression “family ties” means ties of marriage or relationship to the second degree between an employer and a worker. it shall refer in particular to foremen in the case of seasonal workers recruited in groups. in accordance with the conditions of the Treaty. 38/64/EEC shall cease to have effect when this Regulation enters into force. Article 48 Regulation No. .

as regards the Grand Duchy of Luxembourg. Whereas the mobility of labour in the Community requires that workers may be employed successively in several Member States without thereby being placed at a disadvantage. however. after a period of employment and residence in the territory of a Member State. Having regard to the Treaty establishing the European Economic Community.10 Whereas Council Regulation (EEC) No. the Commission shall take account. 68/360/EEC of 15 October 196812 enabled freedom of movement for workers to be secured at the end of a series of measures to be achieved progressively. . Whereas the said Council Regulation and Council Directive contain the appropriate provisions concerning the right of workers to reside in the territory of a Member State for the purposes of employment. OJ Eng Sp Ed 1968. whereas. and in particular Article 48(3)(d) thereof. 11 OJ 1968 L 257/2. to remain in the territory of a Member State after having been employed in that State.321 V. COMMISSION REGULATION 1251/70 OF 29 JUNE 1970 ON THE RIGHT OF WORKERS TO REMAIN IN THE TERRITORY OF A MEMBER STATE AFTER HAVING BEEN EMPLOYED IN THAT STATE OJ 1970 L142/24 THE COMMISSION OF THE EUROPEAN COMMUNITIES. and Article 2 of the Protocol on the Grand Duchy of Luxembourg. 475. whereas the right to remain. to guarantee to the worker residing in the territory of a Member State the right to remain in that territory when he ceases to be employed in that State because he has reached retirement age or by reason of permanent incapacity to work. 9 Article 2 of that Protocol provides: “When framing the regulations on freedom of movement for workers provided for in Article 48(3) of this Treaty. whereas the right of residence acquired by workers in active employment has as a corollary the right. granted by the Treaty to such workers. while still retaining his residence in the territory of the first State.6. of the special demographic situation in that country. 1612/68 of 15 October 196811 and Council Directive No. in the first place. Whereas it is important. whereas it is important to lay down the conditions for the exercise of such right.9 Having regard to the Opinion of the European Parliament.” 10 OJ 1970 C 65/16. works as an employed person in the territory of another Member State. 12 OJ 1968 L 257/13. is interpreted therefore as the right of the worker to maintain his residence in the territory of a Member State when he ceases to be employed there. referred to in Article 48(3)(d) of the Treaty. it is equally important to ensure that right for the worker who.

Whereas the worker who has reached the end of his working life should have sufficient time in which to decide where he wishes to establish his final residence.322 Whereas. account should be taken of the reasons which have led to the termination of employment in the territory of the Member State concerned and. ceases to work there as an employed person as a result of permanent incapacity to work. at the time of termination of his activity. whereas in the case of the death of the worker during his working life. whereas special conditions must be laid down where termination of activity is the result of an accident at work or occupational disease. as a rule. If such incapacity is the result of an accident at work or an occupational disease entitling him to a pension for which an institution of that State is entirely or partially responsible. 1612/68 on freedom of movement for workers within the Community.. to which he returns. maintenance of the right of residence of the members of his family must also be recognised and be the subject of special conditions. while retaining his residence in the territory of the first State. and incapacity to work which leads to a premature and unforeseeable termination of activity. HAS ADOPTED THIS REGULATION: Article 1 The provisions of this Regulation shall apply to nationals of a Member State who have worked as employed persons in the territory of another Member State and to members of their families. (c) a worker who. works as an employed person in the territory of another Member State. having resided continuously in the territory of that State for more than two years. The following shall have the right to remain permanently in the territory of a Member State: (a) a worker who. Whereas the exercise by the worker of the right to remain entails that such right shall be extended to members of his family. of the difference between retirement. has reached the age laid down by the law of that Member State for entitlement to an old-age pension and who has been employed in that State for at least the last twelve months and has resided there continuously for more than three years. after three years” continuous employment and residence in the territory of that State. each day or at least once a week. or where the worker’s spouse is or was a national of the Member State concerned. Whereas persons to whom the right to remain applies must enjoy equality of treatment with national workers who have ceased their working lives. . as defined in Article 10 of Council Regulation (EEC) No. Article 2 1. to determine the conditions under which the right to remain arises. no condition shall be imposed as to length of residence. the normal and foreseeable end of working life. in particular. (b) a worker who.

The members of a worker’s family referred to in Article 1 of this Regulation who are residing with him in the territory of a Member State shall be entitled to remain there permanently if the worker has acquired the right to remain in the territory of that State in accordance with Article 2. duly recorded by the competent employment office. for the purposes of entitlement to the rights referred to in subparagraphs (a) and (b). It shall not be affected by temporary absences not exceeding a total of three months per year. 2. 2. or – his death resulted from an accident at work or an occupational disease. Article 5 1. Periods of involuntary unemployment.323 Periods of employment completed in this way in the territory of the other Member State shall. Article 4 1. the worker dies during his working life and before having acquired the right to remain in the territory of the State concerned. or – the surviving spouse is a national of the State of residence or lost the nationality of that State by marriage to that worker. If. nor by longer absences due to compliance with the obligations of military service. Continuity of residence as provided for in Articles 2(1) and 3(2) may be attested by any means of proof in use in the country of residence. be considered as having been completed in the territory of the State of residence. No formality shall be required on the part of the person concerned in respect of the exercise of the right to remain. members of his family shall be entitled to remain there permanently on condition that: – the worker. had resided continuously in the territory of that Member State for at least 2 years. on the date of his decease. . however. Article 3 1. and absences due to illness or accident shall be considered as periods of employment within the meaning of Article 2(1). 2. The conditions as to length of residence and employment laid down in paragraph 1(a) and the condition as to length of residence laid down in paragraph 1(b) shall not apply if the worker’s spouse is a national of the Member State concerned or has lost the nationality of that State by marriage to that worker. 2. During such period he may leave the territory of the Member State without adversely affecting such right. and to do so even after his death. The person entitled to the right to remain shall be allowed to exercise it within two years from the time of becoming entitled to such right pursuant to Article 2(1) (a) and (b) and Article 3.

Within two months after the request supplying all appropriate details has been put before it. 2. It shall notify the Grand Duchy of Luxembourg of such decision and inform the other Member States thereof. Article 7 The right to equality of treatment. (b) must be valid throughout the territory of the Member State issuing it. in respect of the exercise of the right to remain in Luxembourg territory. taking account of developments in the demographic situation of the Grand Duchy of Luxembourg. Periods of non-residence not exceeding six consecutive months shall not affect the validity of the residence permit. stating the reasons on which it is based. This Regulation shall not affect any provisions laid down by law. established by Council Regulation (EEC) No. 1612/68. Member States shall facilitate re-admission to their territories of workers who have left those territories after having resided there permanently for a long period and having been employed there and who wish to return there when they have reached retirement age or are permanently incapacitated for work. 2. Article 9 1. the Commission shall take a decision. . at the request of that State. (c) must be valid for at least five years and be renewable automatically.324 Article 6 1. The Commission may. lay down. different conditions from those provided for in this Regulation. 2. Persons coming under the provisions of this Regulation shall be entitled to a residence permit which: (a) shall be issued and renewed free of charge or on payment of a sum not exceeding the dues and taxes payable by nationals for the issue or renewal identity documents. shall apply also to persons coming under the provisions of this Regulation. Article 8 1. regulation or administrative action of one Member State which would be more favourable to nationals of other Member States. This Regulation shall be binding in its entirety and directly applicable in all Member States.

ITALY. IRELAND. PORTUGAL. SPAIN. . SLOVENIA. OJ 1974 C13/1. LITHUANIA.13 Having regard to the opinion of the Economic and Social Committee. OJ 1976 C45/6. MALTA. FRANCE. in conjunction with the Member States of origin. LATVIA. GREECE. Having regard to the Treaty establishing the European Economic Community. SLOVAKIA. UNITED KINGDOM THE COUNCIL OF THE EUROPEAN COMMUNITIES. FINLAND. CYPRUS. DENMARK. NETHERLANDS. Having regard to the opinion of the European Parliament. BELGIUM. HUNGARY.15 the Council included in its priority actions those designed to improve the conditions of freedom of movement for workers relating in particular to reception and to the education of their children. Whereas in order to permit the integration of such children into the educational environment and the school system of the host State. where such children are resident in the territory of the Member State in which that national carries on or has carried on an activity as an employed person. Whereas host Member States should also take.7.14 Whereas in its resolution of 21 January 1974 concerning a social action programme. who are dependants of any worker who is a national of another Member State. CZECH REPUBLIC. appropriate measures to promote the teaching of the mother tongue and of the culture of the country of origin of the abovementioned children. SWEDEN. HAS ADOPTED THIS DIRECTIVE: Article 1 This Directive shall apply to children for whom school attendance is compulsory under the laws of the host State. POLAND. LUXEMBOURG. COUNCIL DIRECTIVE 77/486 OF 25 JULY 1977 ON THE EDUCATION OF THE CHILDREN OF MIGRANT WORKERS OJ 1977 L199/32 AUSTRIA. ESTONIA.325 V. with a view principally to facilitating their possible reintegration into the Member State of origin. 13 14 15 OJ 1975 C280/48. GERMANY. and in particular Article 49 thereof. Having regard to the proposal from the Commission. they should be able to receive suitable tuition including teaching of the language of the host State.

teaching of the mother tongue and culture of the country of origin for the children referred to in Article 1. Article 4 The Member States shall take the necessary measures to comply with this Directive within four years of its notification and shall forthwith inform the Commission thereof. in coordination with normal education. including.326 Article 2 Member States shall. and in cooperation with States of origin. all relevant information to enable the Commission to report to the Council on the application of this Directive. and subsequently at regular intervals at the request of the Commission. . in particular. regulations and administrative or other provisions which they adopt in the field governed by this Directive. in accordance with their national circumstances and legal systems. Article 6 This Directive is addressed to the Member States. The Member States shall also inform the Commission of all laws. the teaching – adapted to the specific needs of such children – of the official language or one of the official languages of the host State. take appropriate measures to ensure that free tuition to facilitate initial reception is offered in their territory to the children referred to in Article 1. in accordance with their national circumstances and legal systems. Article 3 Member States shall. Article 5 The Member States shall forward to the Commission within five years of the notification of this Directive. take appropriate measures to promote. Member States shall take the measures necessary for the training and further training of the teachers who are to provide this tuition.

FRANCE. NETHERLANDS. – to coordinate and follow up the resultant exchange of information at the appropriate European level. 16 17 OJ 1968 L 257/2. HAS ADOPTED THIS DECISION: Article 1 The Commission. 22 and 44 thereof. LATVIA. FINLAND. OJ 1992 L245/1. Having regard to the Treaty establishing the European Economic Community. IRELAND. 16. LITHUANIA. LUXEMBOURG. whereas it is therefore necessary to repeal the Commission Decisions of 8 December and 14 December 1972. – to ensure the exchange of information on working and living conditions between the Member States. SWEDEN. 21. SPAIN. CYPRUS. GERMANY. OJ Eng Sp Ed 1967. HUNGARY. 19. CZECH REPUBLIC. ESTONIA. POLAND. Having regard to the opinion of the Technical Committee on freedom of movement for workers. MALTA. PORTUGAL. A NETWORK ENTITLED EURES (EUROPEAN EMPLOYMENT SERVICES) OJ 1993 L274/32 AUSTRIA.327 V. Whereas the objectives defined in Regulation (EEC) No. UNITED KINGDOM THE COMMISSION OF THE EUROPEAN COMMUNITIES. – to exchange job vacancies and applications at Community level. 475. Having regard to Council Regulation (EEC) No. 1612/68 are: – to develop cooperation between Member States and in particular between the employment services of the Member States and the Commission. shall create a European network of services. GREECE. BELGIUM. IN PARTICULAR.8.16 as last amended by Regulation (EEC) No. Whereas the SEDOC system (European system for the international clearing of vacancies and applications for employment) currently in force no longer corresponds to the requirements of the labour market in Europe and hence needs to be adapted. 1612/68 AS REGARDS. SLOVAKIA. 15. SLOVENIA.17 and in particular Articles 14. designated Eures (European Employment Services) responsible for developing the exchange of information and cooperation provided for in Part II of Regulation (EEC) No. 1612/68. 17. DENMARK. ITALY. . 2434/92. COMMISSION DECISION 93/539 OF 22 OCTOBER 1993 ON THE IMPLEMENTING OF COUNCIL REGULATION (EEC) NO. 1612/68 of 15 October 1968 on freedom of movement for workers within the Community. the employment services of the Member States and any further national partners which they may have.

as well as the relevant measures for its implementation. shall require prior authorization by the Commission. Use of this logo. Article 4 The Decision is addressed to the Member States. Article 2 The Commission shall designate. III and IV. 1612/68 and for implementing the Eures network. Article 3 The Commission Decisions of 8 and 14 December 1972 are repealed. The elements making up this network and its operations. II.328 The designation Eures in an acronym which belongs exclusively to the Commission and is illustrated by a standard logo so that it can be identified by the public concerned. which is defined by a graphic design scheme. within the Directorate.General of Employment. . the service responsible for the European Coordination Office established under the terms of Article 21 of Regulation (EEC) No. are set out in Annexes I. Social Affairs and Industrial Relations.

subject to the limitations and conditions laid down in the Treaty and to the measures adopted to give it effect. SLOVENIA. as well as students and other inactive persons in order to simplify and strengthen the right of free movement and residence of all Union citizens. Having regard to the proposal from the Commission. 90/365/EEC and 93/96/EEC OJ 2004 L158/77 AUSTRIA. 73/148/EEC. CZECH REPUBLIC. in which freedom is ensured in accordance with the provisions of the Treaty. and in particular Articles 12. 20 OJ 2002 C192/17. 68/360/EEC. (3) Union citizenship should be the fundamental status of nationals of the Member States when they exercise their right of free movement and residence. GERMANY. SWEDEN. CYPRUS. Council Common Position of 5 December 2003 (OJ 2004 C54/12) and Position of the European Parliament of 10 March 2004 (not yet published in the Official Journal). UNITED KINGDOM THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION. BELGIUM. (2) The free movement of persons constitutes one of the fundamental freedoms of the internal market. POLAND. OJ 2001 C270/150.20 Acting in accordance with the procedure laid down in Article 251 of the Treaty. OJ 2002 C149/46. 75/34/EEC. 18. ESTONIA. 1612/68 and repealing Directives 64/221/EEC. LATVIA. 90/364/EEC. LITHUANIA. SPAIN.329 V. FRANCE. 21 Opinion of the European Parliament of 11 February 2003 (OJ 2004 C43/42). DENMARK. MALTA.9. which comprises an area without internal frontiers.19 Having regard to the opinion of the Committee of the Regions.18 Having regard to the opinion of the European Economic and Social Committee. FINLAND. GREECE. COUNCIL DIRECTIVE 2004/38/EC OF 29 APRIL 2004 ON THE RIGHT OF CITIZENS OF THE UNION AND THEIR FAMILY MEMBERS TO MOVE AND RESIDE FREELY WITHIN THE TERRITORY OF THE MEMBER STATES. It is therefore necessary to codify and review the existing Community instruments dealing separately with workers. PORTUGAL. SLOVAKIA. IRELAND. 44 and 52 thereof. 72/194/EEC. ITALY. self-employed persons. 19 18 . 40. NETHERLANDS.21 Whereas: (1) Citizenship of the Union confers on every citizen of the Union a primary and individual right to move and reside freely within the territory of the Member States. 75/35/EEC. amending Regulation (EEC) No. Having regard to the Treaty establishing the European Community. HUNGARY. LUXEMBOURG.

such as their financial or physical dependence on the Union citizen. (8) With a view to facilitating the free movement of family members who are not nationals of a Member State. (6) In order to maintain the unity of the family in a broader sense and without prejudice to the prohibition of discrimination on grounds of nationality. in order to decide whether entry and residence could be granted to such persons. of the applicable national legislation. should be examined by the host Member State on the basis of its own national legislation. Council Directive 90/364/EEC of 28 June 1990 on the right of residence. (5) The right of all Union citizens to move and reside freely within the territory of the Member States should. be also granted to their family members.330 (4) With a view to remedying this sector-by-sector. the definition of “family member” should also include the registered partner if the legislation of the host Member State treats registered partnership as equivalent to marriage. if it is to be exercised under objective conditions of freedom and dignity. those who have already obtained a residence card should be exempted from the requirement to obtain an entry visa within the meaning of Council Regulation (EC) No. there needs to be a single legislative act to amend Council Regulation (EEC) No. and to repeal the following acts: Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families. without prejudice to a more favourable treatment applicable to job-seekers as recognised by the case-law of the Court of Justice. taking into consideration their relationship with the Union citizen or any other circumstances. where appropriate. (9) Union citizens should have the right of residence in the host Member State for a period not exceeding three months without being subject to any conditions or any formalities other than the requirement to hold a valid identity card or passport. 1612/68 of 15 October 1968 on freedom of movement for workers within the Community. For the purposes of this Directive. and who therefore do not enjoy an automatic right of entry and residence in the host Member State. irrespective of nationality. Council Directive 90/365/EEC of 28 June 1990 on the right of residence for employees and self-employed persons who have ceased their occupational activity and Council Directive 93/96/EEC of 29 October 1993 on the right of residence for students. . piecemeal approach to the right of free movement and residence and facilitating the exercise of this right. 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement or. (7) The formalities connected with the free movement of Union citizens within the territory of Member States should be clearly defined. without prejudice to the provisions applicable to national border controls. the situation of those persons who are not included in the definition of family members under this Directive. Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services.

(12) For periods of residence of longer than three months. and in certain conditions to guard against abuse. self-employed persons or job-seekers as defined by the Court of Justice save on grounds of public policy or public security. become an unreasonable burden on the social assistance system of the host Member State during an initial period of residence. The host Member State should examine whether it is a case of temporary difficulties and take into account the duration of residence. In no case should an expulsion measure be adopted against workers. (13) The residence card requirement should be restricted to family members of Union citizens who are not nationals of a Member State for periods of residence of longer than three months. (15) Family members should be legally safeguarded in the event of the death of the Union citizen. (16) As long as the beneficiaries of the right of residence do not become an unreasonable burden on the social assistance system of the host Member State they should not be expelled. an expulsion measure should not be the automatic consequence of recourse to the social assistance system. measures should therefore be taken to ensure that in such circumstances family members already residing within the territory of the host Member State retain their right of residence exclusively on a personal basis. (17) Enjoyment of permanent residence by Union citizens who have chosen to settle long term in the host Member State would strengthen the feeling of Union citizenship and is a key element in promoting social cohesion. the right of residence for Union citizens and their family members for periods in excess of three months should be subject to conditions. With due regard for family life and human dignity. (11) The fundamental and personal right of residence in another Member State is conferred directly on Union citizens by the Treaty and is not dependent upon their having fulfilled administrative procedures. Therefore. divorce. attested by a registration certificate issued to that effect. Therefore. (14) The supporting documents required by the competent authorities for the issuing of a registration certificate or of a residence card should be comprehensively specified in order to avoid divergent administrative practices or interpretations constituting an undue obstacle to the exercise of the right of residence by Union citizens and their family members. which is one of the fundamental objectives of the Union. . A right of permanent residence should therefore be laid down for all Union citizens and their family members who have resided in the host Member State in compliance with the conditions laid down in this Directive during a continuous period of five years without becoming subject to an expulsion measure. annulment of marriage or termination of a registered partnership.331 (10) Persons exercising their right of residence should not. Member States should have the possibility to require Union citizens to register with the competent authorities in the place of residence. the personal circumstances and the amount of aid granted in order to consider whether the beneficiary has become an unreasonable burden on its social assistance system and to proceed to his expulsion. however.

Only in exceptional circumstances. The scope for such measures should therefore be limited in accordance with the principle of proportionality to take account of the degree of integration of the persons concerned. to these same persons. (23) Expulsion of Union citizens and their family members on grounds of public policy or public security is a measure that can seriously harm persons who. once obtained. which are justified on grounds of public policy. the greater the degree of integration of Union citizens and their family members in the host Member State. (21) However. should an expulsion measure be taken against Union citizens who have resided for many years in the territory of the host Member . should not be subject to any conditions. including vocational training. (19) Certain advantages specific to Union citizens who are workers or selfemployed persons and to their family members. or maintenance assistance for studies. the greater the degree of protection against expulsion should be. (20) In accordance with the prohibition of discrimination on grounds of nationality. as these constitute acquired rights. state of health. having availed themselves of the rights and freedoms conferred on them by the Treaty. or for a longer period in the case of job-seekers. the right of permanent residence. In order to ensure a tighter definition of the circumstances and procedural safeguards subject to which Union citizens and their family members may be denied leave to enter or may be expelled. which may allow these persons to acquire a right of permanent residence before they have resided five years in the host Member State. subject to such specific provisions as are expressly provided for in the Treaty and secondary law. all Union citizens and their family members residing in a Member State on the basis of this Directive should enjoy.332 (18) In order to be a genuine vehicle for integration into the society of the host Member State in which the Union citizen resides. (22) The Treaty allows restrictions to be placed on the right of free movement and residence on grounds of public policy. equal treatment with nationals in areas covered by the Treaty. should be maintained. this Directive should replace Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures concerning the movement and residence of foreign nationals. family and economic situation and the links with their country of origin. conferred by Commission Regulation (EEC) No. public security or public health. it should be left to the host Member State to decide whether it will grant social assistance during the first three months of residence. public security or public health. 1251/70 of 29 June 1970 on the right of workers to remain in the territory of a Member State after having been employed in that State and Council Directive 75/34/EEC of 17 December 1974 concerning the right of nationals of a Member State to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity. their age. have become genuinely integrated into the host Member State. in that Member State. prior to acquisition of the right of permanent residence. where there are imperative grounds of public security. the length of their residence in the host Member State. (24) Accordingly. to Union citizens other than those who are workers or self-employed persons or who retain that status or their family members.

(31) This Directive respects the fundamental rights and freedoms and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. (30) With a view to examining how further to facilitate the exercise of the right of free movement and residence.333 State. in particular when they were born and have resided there throughout their life. judicial redress procedures should be available to Union citizens and their family members who have been refused leave to enter or reside in another Member State. In addition. of 20 November 1989. race. in order to protect their links with their family. disability. membership of an ethnic minority. (26) In all events. in accordance with the United Nations Convention on the Rights of the Child. genetic characteristics. a report should be prepared by the Commission in order to evaluate the opportunity to present any necessary proposals to this effect. (27) In line with the case-law of the Court of Justice prohibiting Member States from issuing orders excluding for life persons covered by this Directive from their territory. (25) Procedural safeguards should also be specified in detail in order to ensure a high level of protection of the rights of Union citizens and their family members in the event of their being denied leave to enter or reside in another Member State. notably marriages of convenience or any other form of relationships contracted for the sole purpose of enjoying the right of free movement and residence. property. age or sexual orientation. political or other opinion. colour. ethnic or social origin. (29) This Directive should not affect more favourable national provisions. notably on the extension of the period of residence with no conditions. language. birth. the right of Union citizens and their family members who have been excluded from the territory of a Member State to submit a fresh application after a reasonable period. such exceptional circumstances should also apply to an expulsion measure taken against minors. Member States should have the possibility to adopt the necessary measures. as well as to uphold the principle that any action taken by the authorities must be properly justified. In accordance with the prohibition of discrimination contained in the Charter. Member States should implement this Directive without discrimination between the beneficiaries of this Directive on grounds such as sex. should be confirmed. (28) To guard against abuse of rights or fraud. HAVE ADOPTED THIS DIRECTIVE: . religion or beliefs. and in any event after a three year period from enforcement of the final exclusion order.

and to their family members as defined in point 2 of Article 2 who accompany or join them. (c) the limits placed on the rights set out in (a) and (b) on grounds of public policy.334 CHAPTER I: GENERAL PROVISIONS ARTICLE 1 Subject This Directive lays down: (a) the conditions governing the exercise of the right of free movement and residence within the territory of the Member States by Union citizens and their family members. family member means: (a) the spouse. if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State. . (d) the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point (b). public security or public health. ARTICLE 2 Definitions For the purposes of this Directive: 1. 2. “Union citizen” means any person having the nationality of a Member State. (b) the partner with whom the Union citizen has contracted a registered partnership. on the basis of the legislation of a Member State. host Member State means the Member State to which a Union citizen moves in order to exercise his/her right of free movement and residence. This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national. (c) the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point (b). 3. (b) the right of permanent residence in the territory of the Member States for Union citizens and their family members. ARTICLE 3 Beneficiaries 1.

in accordance with its national legislation. are dependants or members of the household of the Union citizen having the primary right of residence. (b) the partner with whom the Union citizen has a durable relationship. Member States shall grant Union citizens leave to enter their territory with a valid identity card or passport and shall grant family members who are not nationals of a Member State leave to enter their territory with a valid passport. not falling under the definition in point 2 of Article 2 who. The host Member State shall undertake an extensive examination of the personal circumstances and shall justify any denial of entry or residence to these people. 3. all Union citizens with a valid identity card or passport and their family members who are not nationals of a Member State and who hold a valid passport shall have the right to leave the territory of a Member State to travel to another Member State. or where serious health grounds strictly require the personal care of the family member by the Union citizen. Where the law of a Member State does not provide for identity cards to be issued. Without prejudice to the provisions on travel documents applicable to national border controls. an identity card or passport stating their nationality. the host Member State shall. No entry visa or equivalent formality may be imposed on Union citizens.335 2. No exit visa or equivalent formality may be imposed on the persons to whom paragraph 1 applies. . issue to their own nationals. the period of validity of any passport on being issued or renewed shall be not less than five years. Member States shall. The passport shall be valid at least for all Member States and for countries through which the holder must pass when travelling between Member States. facilitate entry and residence for the following persons: (a) any other family members. Without prejudice to the provisions on travel documents applicable to national border controls. 2. in the country from which they have come. CHAPTER II: RIGHT OF EXIT AND ENTRY ARTICLE 4 Right of exit 1. irrespective of their nationality. 4. duly attested. Without prejudice to any right to free movement and residence the persons concerned may have in their own right. and renew. ARTICLE 5 Right of entry 1. acting in accordance with their laws.

For the purposes of this Directive. give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence. does not have the necessary travel documents or. CHAPTER III: RIGHT OF RESIDENCE ARTICLE 6 Right of residence for up to three months 1. 2. where appropriate. with national law.336 2. Member States shall grant such persons every facility to obtain the necessary visas. the necessary visas. possession of the valid residence card referred to in Article 10 shall exempt such family members from the visa requirement. Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No. 3. before turning them back. or (b) have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their . 539/2001 or. The host Member State shall not place an entry or exit stamp in the passport of family members who are not nationals of a Member State provided that they present the residence card provided for in Article 10. the Member State concerned shall. Failure to comply with this requirement may make the person concerned liable to proportionate and non-discriminatory sanctions. The provisions of paragraph 1 shall also apply to family members in possession of a valid passport who are not nationals of a Member State. if required. All Union citizens shall have the right of residence on the territory of another Member State for a period of longer than three months if they: (a) are workers or self-employed persons in the host Member State. Union citizens shall have the right of residence on the territory of another Member State for a period of up to three months without any conditions or any formalities other than the requirement to hold a valid identity card or passport. or a family member who is not a national of a Member State. 4. ARTICLE 7 Right of residence for more than three months 1. accompanying or joining the Union citizen. The Member State may require the person concerned to report his/her presence within its territory within a reasonable and non-discriminatory period of time. 5. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure. Where a Union citizen.

(b) or (c). the retention of the status of worker shall require the training to be related to the previous employment. for the principal purpose of following a course of study. provided that such Union citizen satisfies the conditions referred to in paragraph 1(a). 4. The right of residence provided for in paragraph 1 shall extend to family members who are not nationals of a Member State. a Union citizen who is no longer a worker or self-employed person shall retain the status of worker or self-employed person in the following circumstances: (a) he/she is temporarily unable to work as the result of an illness or accident. for periods of residence longer than three months.337 period of residence and have comprehensive sickness insurance cover in the host Member State. the status of worker shall be retained for no less than six months. by means of a declaration or by such equivalent means as they may choose. or (c) are enrolled at a private or public establishment. only the spouse. ARTICLE 8 Administrative formalities for Union citizens 1. (b) he/she is in duly recorded involuntary unemployment after having been employed for more than one year and has registered as a job-seeker with the relevant employment office. Article 3(2) shall apply to his/her dependent direct relatives in the ascending lines and those of his/her spouse or registered partner. For the purposes of paragraph 1(a). accredited or financed by the host Member State on the basis of its legislation or administrative practice. or (d) are family members accompanying or joining a Union citizen who satisfies the conditions referred to in points (a). and have comprehensive sickness insurance cover in the host Member State and assure the relevant national authority. (b) or (c). 3. (d) he/she embarks on vocational training. By way of derogation from paragraphs 1(d) and 2 above. that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence. Unless he/she is involuntarily unemployed. . (c) he/she is in duly recorded involuntary unemployment after completing a fixedterm employment contract of less than a year or after having become involuntarily unemployed during the first twelve months and has registered as a job-seeker with the relevant employment office. the registered partner provided for in Article 2(2)(b) and dependent children shall have the right of residence as family members of a Union citizen meeting the conditions under 1(c) above. accompanying or joining the Union citizen in the host Member State. the host Member State may require Union citizens to register with the relevant authorities. including vocational training. 2. In this case. Without prejudice to Article 5(5).

or proof that they are self-employed persons. Member States may not require this declaration to refer to any specific amount of resources. provide proof of enrolment at an accredited establishment and of comprehensive sickness insurance cover and the declaration or equivalent means referred to in point (c) of Article 7(1). (b) a document attesting to the existence of a family relationship or of a registered partnership. 5. Member States may require the following documents to be presented: (a) a valid identity card or passport. . For the registration certificate to be issued. The deadline for registration may not be less than three months from the date of arrival. the registration certificate of the Union citizen whom they are accompanying or joining. Union citizens to whom point (b) of Article 7(1) applies present a valid identity card or passport and provide proof that they satisfy the conditions laid down therein. or. who are themselves Union citizens.338 2. documentary evidence that the conditions laid down therein are met. (e) in cases falling under Article 3(2)(a). For the registration certificate to be issued to family members of Union citizens. a document issued by the relevant authority in the country of origin or country from which they are arriving certifying that they are dependants or members of the household of the Union citizen. In all cases this amount shall not be higher than the threshold below which nationals of the host Member State become eligible for social assistance. Failure to comply with the registration requirement may render the person concerned liable to proportionate and non-discriminatory sanctions. but they must take into account the personal situation of the person concerned. (c) where appropriate. proof of the existence of a durable relationship with the Union citizen. 4. a confirmation of engagement from the employer or a certificate of employment. Member States may only require that Union citizens to whom point (a) of Article 7(1) applies present a valid identity card or passport. A registration certificate shall be issued immediately. (f ) in cases falling under Article 3(2)(b). stating the name and address of the person registering and the date of the registration. Member States may not lay down a fixed amount which they regard as “sufficient resources”. higher than the minimum social security pension paid by the host Member State. (d) in cases falling under points (c) and (d) of Article 2(2). where this criterion is not applicable. 3. or proof of the existence of serious health grounds which strictly require the personal care of the family member by the Union citizen. Union citizens to whom point (c) of Article 7(1) applies present a valid identity card or passport.

The right of residence of family members of a Union citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called “Residence card of a family member of a Union citizen” no later than six months from the date on which they submit the application. ARTICLE 10 Issue of residence cards 1.339 ARTICLE 9 Administrative formalities for family members who are not nationals of a Member State 1. (b) a document attesting to the existence of a family relationship or of a registered partnership. 2. (c) the registration certificate or. 2. (d) in cases falling under points (c) and (d) of Article 2(2). Member States shall require presentation of the following documents: (a) a valid passport. proof of the existence of a durable relationship with the Union citizen. For the residence card to be issued. (f ) in cases falling under Article 3(2)(b). . any other proof of residence in the host Member State of the Union citizen whom they are accompanying or joining. (e) in cases falling under Article 3(2)(a). where the planned period of residence is for more than three months. documentary evidence that the conditions laid down therein are met. A certificate of application for the residence card shall be issued immediately. in the absence of a registration system. Failure to comply with the requirement to apply for a residence card may make the person concerned liable to proportionate and non-discriminatory sanctions. a document issued by the relevant authority in the country of origin or country from which they are arriving certifying that they are dependants or members of the household of the Union citizen. 3. Member States shall issue a residence card to family members of a Union citizen who are not nationals of a Member State. The deadline for submitting the residence card application may not be less than three months from the date of arrival. or proof of the existence of serious health grounds which strictly require the personal care of the family member by the Union citizen.

Before acquiring the right of permanent residence. (b). Such family members shall retain their right of residence exclusively on a personal basis. the persons concerned must meet the conditions laid down in points (a). “Sufficient resources” shall be as defined in Article 8(4). or that they are members of the family. of a person satisfying these requirements. The validity of the residence card shall not be affected by temporary absences not exceeding six months a year.340 ARTICLE 11 Validity of the residence card 1. Without prejudice to the second subparagraph. Before acquiring the right of permanent residence. or a posting in another Member State or a third country. the Union citizen’s death shall not entail loss of the right of residence of his/her family members who are not nationals of a Member State and who have been residing in the host Member State as family members for at least one year before the Union citizen’s death. . the right of residence of the persons concerned shall remain subject to the requirement that they are able to show that they are workers or self-employed persons or that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State. 3. irrespective of nationality. 2. Without prejudice to the second subparagraph. if the children reside in the host Member State and are enrolled at an educational establishment. the Union citizen’s death or departure from the host Member State shall not affect the right of residence of his/her family members who are nationals of a Member State. ARTICLE 12 Retention of the right of residence by family members in the event of death or departure of the Union citizen 1. The Union citizen’s departure from the host Member State or his/her death shall not entail loss of the right of residence of his/her children or of the parent who has actual custody of the children. already constituted in the host Member State. study or vocational training. 2. serious illness. until the completion of their studies. The residence card provided for by Article 10(1) shall be valid for five years from the date of issue or for the envisaged period of residence of the Union citizen. for the purpose of studying there. or by absences of a longer duration for compulsory military service or by one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth. if this period is less than five years. (c) or (d) of Article 7(1).

or (b) by agreement between the spouses or the partners referred to in point 2(b) of Article 2 or by court order. of a person satisfying these requirements. divorce. or (d) by agreement between the spouses or partners referred to in point 2(b) of Article 2 or by court order. the right of residence of the persons concerned shall remain subject to the requirement that they are able to show that they are workers or self-employed persons or that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State. and for as long as is required. ‘Sufficient resources’ shall be as defined in Article 8(4). annulment of the Union citizen’s marriage or termination of his/her registered partnership. or that they are members of the family. Without prejudice to the second subparagraph. Before acquiring the right of permanent residence. (b). the marriage or registered partnership has lasted at least three years. . already constituted in the host Member State. 2. provided that the court has ruled that such access must be in the host Member State. (c) or (d) of Article 7(1). the persons concerned must meet the conditions laid down in points (a). Before acquiring the right of permanent residence. the spouse or partner who is not a national of a Member State has the right of access to a minor child. Such family members shall retain their right of residence exclusively on personal basis. annulment of marriage or termination of the registered partnership referred to in point 2(b) of Article 2 shall not entail loss of the right of residence of a Union citizen’s family members who are not nationals of a Member State where: (a) prior to initiation of the divorce or annulment proceedings or termination of the registered partnership referred to in point 2(b) of Article 2. divorce. annulment of marriage or termination of registered partnership 1. including one year in the host Member State. the spouse or partner who is not a national of a Member State has custody of the Union citizen’s children.341 ARTICLE 13 Retention of the right of residence by family members in the event of divorce. Without prejudice to the second subparagraph. as referred to in point 2(b) of Article 2 shall not affect the right of residence of his/her family members who are nationals of a Member State. such as having been a victim of domestic violence while the marriage or registered partnership was subsisting. or (c) this is warranted by particularly difficult circumstances.

ARTICLE 15 Procedural safeguards 1. 12 and 13. as long as they do not become an unreasonable burden on the social assistance system of the host Member State. Union citizens and their family members shall have the right of residence provided for in Article 6. This verification shall not be carried out systematically. Expiry of the identity card or passport on the basis of which the person concerned entered the host Member State and was issued with a registration certificate or residence card shall not constitute a ground for expulsion from the host Member State. Member States may verify if these conditions are fulfilled. the Union citizens and their family members may not be expelled for as long as the Union citizens can provide evidence that they are continuing to seek employment and that they have a genuine chance of being engaged. In specific cases where there is a reasonable doubt as to whether a Union citizen or his/her family members satisfies the conditions set out in Articles 7. An expulsion measure shall not be the automatic consequence of a Union citizen’s or his or her family member’s recourse to the social assistance system of the host Member State. . 4. an expulsion measure may in no case be adopted against Union citizens or their family members if: (a) the Union citizens are workers or self-employed persons. or (b) the Union citizens entered the territory of the host Member State in order to seek employment. 12 and 13 as long as they meet the conditions set out therein. In this case. The procedures provided for by Articles 30 and 31 shall apply by analogy to all decisions restricting free movement of Union citizens and their family members on grounds other than public policy. The host Member State may not impose a ban on entry in the context of an expulsion decision to which paragraph 1 applies. Union citizens and their family members shall have the right of residence provided for in Articles 7. By way of derogation from paragraphs 1 and 2 and without prejudice to the provisions of Chapter VI. public security or public health. 2. 2. 3.342 ARTICLE 14 Retention of the right of residence 1. 3.

3. By way of derogation from Article 16.343 CHAPTER IV: RIGHT OF PERMANENT RESIDENCE SECTION I: ELIGIBILITY ARTICLE 16 General rule for Union citizens and their family members 1. Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there. have reached the age laid down by the law of that Member State for entitlement to an old age pension or workers who cease paid employment to take early retirement. the right of permanent residence in the host Member State shall be enjoyed before completion of a continuous period of five years of residence by: (a) workers or self-employed persons who. (b) workers or self-employed persons who have resided continuously in the host Member State for more than two years and stop working there as a result of permanent incapacity to work. This right shall not be subject to the conditions provided for in Chapter III. the age condition shall be deemed to have been met once the person concerned has reached the age of 60. 4. or by absences of a longer duration for compulsory military service. or by one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth. ARTICLE 17 Exemptions for persons no longer working in the host Member State and their family members 1. Paragraph 1 shall apply also to family members who are not nationals of a Member State and have legally resided with the Union citizen in the host Member State for a continuous period of five years. serious illness. provided that they have been working in that Member State for at least the preceding twelve months and have resided there continuously for more than three years. the right of permanent residence shall be lost only through absence from the host Member State for a period exceeding two consecutive years. 2. study or vocational training. or a posting in another Member State or a third country. Continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year. . at the time they stop working. If the law of the host Member State does not grant the right to an old age pension to certain categories of self-employed persons. Once acquired.

periods of employment spent in the Member State in which the person concerned is working shall be regarded as having been spent in the host Member State. or (b) the death resulted from an accident at work or an occupational disease. to which they return. 3. on condition that: (a) the worker or self-employed person had. (c) workers or self-employed persons who. 4. ARTICLE 18 Acquisition of the right of permanent residence by certain family members who are not nationals of a Member State Without prejudice to Article 17. the family members of a worker or a self-employed person who are residing with him in the territory of the host Member State shall have the right of permanent residence in that Member State. each day or at least once a week. his family members who are residing with him in the host Member State shall acquire the right of permanent residence there. however. 2. If. resided continuously on the territory of that Member State for two years. or (c) the surviving spouse lost the nationality of that Member State following marriage to the worker or self-employed person. work in an employed or selfemployed capacity in another Member State.344 If such incapacity is the result of an accident at work or an occupational disease entitling the person concerned to a benefit payable in full or in part by an institution in the host Member State. Periods of involuntary unemployment duly recorded by the relevant employment office. Irrespective of nationality. no condition shall be imposed as to length of residence. the family members of a Union citizen to whom Articles 12(2) and 13(2) apply. while retaining their place of residence in the host Member State. who satisfy the conditions laid down therein. after three years of continuous employment and residence in the host Member State. shall . The conditions as to length of residence and employment laid down in point (a) of paragraph 1 and the condition as to length of residence laid down in point (b) of paragraph 1 shall not apply if the worker’s or the self-employed person’s spouse or partner as referred to in point 2(b) of Article 2 is a national of the host Member State or has lost the nationality of that Member State by marriage to that worker or self-employed person. if the worker or selfemployed person has acquired himself the right of permanent residence in that Member State on the basis of paragraph 1. the worker or self-employed person dies while still working but before acquiring permanent residence status in the host Member State on the basis of paragraph 1. periods not worked for reasons not of the person’s own making and absences from work or cessation of work due to illness or accident shall be regarded as periods of employment. For the purposes of entitlement to the rights referred to in points (a) and (b). as a rule. at the time of death.

ARTICLE 21 Continuity of residence For the purposes of this Directive. The permanent residence card shall be renewable automatically every 10 years. ARTICLE 20 Permanent residence card for family members who are not nationals of a Member State 1. Interruption in residence not exceeding two consecutive years shall not affect the validity of the permanent residence card. with a document certifying permanent residence. The application for a permanent residence card shall be submitted before the residence card expires. Continuity of residence is broken by any expulsion decision duly enforced against the person concerned. 2. SECTION II: ADMINISTRATIVE FORMALITIES ARTICLE 19 Document certifying permanent residence for Union citizens 1.345 acquire the right of permanent residence after residing legally for a period of five consecutive years in the host Member State. Member States shall issue family members who are not nationals of a Member State entitled to permanent residence with a permanent residence card within six months of the submission of the application. The document certifying permanent residence shall be issued as soon as possible. 3. 2. continuity of residence may be attested by any means of proof in use in the host Member State. . Upon application Member States shall issue Union citizens entitled to permanent residence. after having verified duration of residence. Failure to comply with the requirement to apply for a permanent residence card may render the person concerned liable to proportionate and non-discriminatory sanctions.

ARTICLE 25 General provisions concerning residence documents 1. The benefit of this right shall be extended to family members who are not nationals of a Member State and who have the right of residence or permanent residence. all Union citizens residing on the basis of this Directive in the territory of the host Member State shall enjoy equal treatment with the nationals of that Member State within the scope of the Treaty. self-employed persons. the family members of a Union citizen who have the right of residence or the right of permanent residence in a Member State shall be entitled to take up employment or self-employment there. where appropriate. By way of derogation from paragraph 1. of a certificate attesting submission of an appliTHE .346 CHAPTER V: PROVISIONS COMMON TO THE RIGHT OF RESIDENCE AND RIGHT OF PERMANENT RESIDENCE ARTICLE 22 Territorial scope The right of residence and the right of permanent residence shall cover the whole territory of the host Member State. the host Member State shall not be obliged to confer entitlement to social assistance during the first three months of residence or. nor shall it be obliged. Member States may impose territorial restrictions on the right of residence and the right of permanent residence only where the same restrictions apply to their own nationals. persons who retain such status and members of their families. ARTICLE 24 Equal treatment 1. including vocational training. consisting in student grants or student loans to persons other than workers. prior to acquisition of the right of permanent residence. 2. Possession of a registration certificate as referred to in Article 8. Subject to such specific provisions as are expressly provided for in the Treaty and secondary law. to grant maintenance aid for studies. ARTICLE 23 Related rights Irrespective of nationality. the longer period provided for in Article 14(4)(b). of a document certifying permanent residence.

when issuing the registration certificate or. In the event of failure to comply with this requirement. The personal conduct of the individual concerned must represent a genuine. as entitlement to rights may be attested by any other means of proof. Measures taken on grounds of public policy or public security shall comply with the principle of proportionality and shall be based exclusively on the personal conduct of the individual concerned. These grounds shall not be invoked to serve economic ends. or when issuing the residence card. may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality. 2. as provided for in Article 5(5). PUBLIC SECURITY OR PUBLIC HEALTH ARTICLE 27 General principles 1. on grounds of public policy. 2. In order to ascertain whether the person concerned represents a danger for public policy or public security. should it consider this essential. Justifications that are isolated from the particulars of the case or that rely on considerations of general prevention shall not be accepted. of a residence card or of a permanent residence card. request . All documents mentioned in paragraph 1 shall be issued free of charge or for a charge not exceeding that imposed on nationals for the issuing of similar documents. irrespective of nationality. present and sufficiently serious threat affecting one of the fundamental interests of society. in the absence of a registration system. not later than three months from the date of arrival of the person concerned on its territory or from the date of reporting his/her presence within the territory. Previous criminal convictions shall not in themselves constitute grounds for taking such measures. provided that the same requirement applies to their own nationals as regards their identity card. Subject to the provisions of this Chapter. CHAPTER VI: RESTRICTIONS ON THE RIGHT OF ENTRY AND THE RIGHT OF RESIDENCE ON GROUNDS OF PUBLIC POLICY. Member States may restrict the freedom of movement and residence of Union citizens and their family members. public security or public health. ARTICLE 26 Checks Member States may carry out checks on compliance with any requirement deriving from their national legislation for non-nationals always to carry their registration certificate or residence card.347 cation for a family member residence card. Member States may impose the same sanctions as those imposed on their own nationals for failure to carry their identity card. the host Member State may. 3.

The Member State which issued the passport or identity card shall allow the holder of the document who has been expelled on grounds of public policy. 3. his/her age. ARTICLE 29 Public health 1. or (b) are a minor. state of health. public security. if need be. Where there are serious indications that it is necessary. who have the right of permanent residence on its territory. except on serious grounds of public policy or public security. except if the expulsion is necessary for the best interests of the child. as defined by Member States. family and economic situation. Such enquiries shall not be made as a matter of routine. social and cultural integration into the host Member State and the extent of his/her links with the country of origin. except if the decision is based on imperative grounds of public security.348 the Member State of origin and. The only diseases justifying measures restricting freedom of movement shall be the diseases with epidemic potential as defined by the relevant instruments of the World Health Organisation and other infectious diseases or contagious parasitic diseases if they are the subject of protection provisions applying to nationals of the host Member State. Diseases occurring after a three-month period from the date of arrival shall not constitute grounds for expulsion from the territory. Member States may. The Member State consulted shall give its reply within two months. The host Member State may not take an expulsion decision against Union citizens or their family members. other Member States to provide information concerning any previous police record the person concerned may have. if they: (a) have resided in the host Member State for the previous 10 years. as provided for in the United Nations Convention on the Rights of the Child of 20 November 1989. or public health from another Member State to re-enter its territory without any formality even if the document is no longer valid or the nationality of the holder is in dispute. the host Member State shall take account of considerations such as how long the individual concerned has resided on its territory. 2. Before taking an expulsion decision on grounds of public policy or public security. within three months of the date of arrival. 3. 2. 4. An expulsion decision may not be taken against Union citizens. irrespective of nationality. require persons entitled to the right of . ARTICLE 28 Protection against expulsion 1.

precisely and in full. 2. 4. public security or public health. as well as of the facts and circumstances on which the proposed measure is based. The persons concerned shall have access to judicial and. ARTICLE 30 Notification of decisions 1. except: where the expulsion decision is based on a previous judicial decision. the time allowed to leave the territory shall be not less than one month from the date of notification. Where the application for appeal against or judicial review of the expulsion decision is accompanied by an application for an interim order to suspend enforcement of that decision. The redress procedures shall allow for an examination of the legality of the decision. unless this is contrary to the interests of State security. Such medical examinations may not be required as a matter of routine. They shall ensure that the decision is not disproportionate. particularly in view of the requirements laid down in Article 28. The notification shall specify the court or administrative authority with which the person concerned may lodge an appeal. of the public policy. where applicable. but they may not prevent the individual from submitting his/her defence in person. ARTICLE 31 Procedural safeguards 1. or where the expulsion decision is based on imperative grounds of public security under Article 28(3). . a medical examination to certify that they are not suffering from any of the conditions referred to in paragraph 1. except when his/her appearance may cause serious troubles to public policy or public security or when the appeal or judicial review concerns a denial of entry to the territory. The persons concerned shall be informed. 2. the time limit for the appeal and. free of charge. actual removal from the territory may not take place until such time as the decision on the interim order has been taken. administrative redress procedures in the host Member State to appeal against or seek review of any decision taken against them on the grounds of public policy. the time allowed for the person to leave the territory of the Member State. public security or public health grounds on which the decision taken in their case is based. where appropriate.349 residence to undergo. 3. 3. or where the persons concerned have had previous access to judicial review. The persons concerned shall be notified in writing of any decision taken under Article 27(1). Save in duly substantiated cases of urgency. in such a way that they are able to comprehend its content and the implications for them. Member States may exclude the individual concerned from their territory pending the redress procedure.

.350 ARTICLE 32 Duration of exclusion orders 1. If an expulsion order. and in any event after three years from enforcement of the final exclusion order which has been validly adopted in accordance with Community law. depending on the circumstances. ARTICLE 33 Expulsion as a penalty or legal consequence 1. Persons excluded on grounds of public policy or public security may submit an application for lifting of the exclusion order after a reasonable period. by putting forward arguments to establish that there has been a material change in the circumstances which justified the decision ordering their exclusion. 2. The persons referred to in paragraph 1 shall have no right of entry to the territory of the Member State concerned while their application is being considered. as provided for in paragraph 1. 2. unless they conform to the requirements of Articles 27. is enforced more than two years after it was issued. the Member State shall check that the individual concerned is currently and genuinely a threat to public policy or public security and shall assess whether there has been any material change in the circumstances since the expulsion order was issued. 28 and 29. Expulsion orders may not be issued by the host Member State as a penalty or legal consequence of a custodial penalty. CHAPTER VII: FINAL PROVISIONS ARTICLE 34 Publicity Member States shall disseminate information concerning the rights and obligations of Union citizens and their family members on the subjects covered by this Directive. particularly by means of awareness-raising campaigns conducted through national and local media and other means of communication. The Member State concerned shall reach a decision on this application within six months of its submission.

. ARTICLE 37 More favourable national provisions The provisions of this Directive shall not affect any laws. Member States shall notify the Commission of these provisions not later than 30 April 2006 and as promptly as possible in the case of any subsequent changes. terminate or withdraw any right conferred by this Directive in the case of abuse of rights or fraud.351 ARTICLE 35 Abuse of rights Member States may adopt the necessary measures to refuse. 90/364/EEC. 1612/68 shall be repealed with effect from 30 April 2006. ARTICLE 38 Repeals 1. 73/148/EEC. 3. such as marriages of convenience. regulations or administrative provisions laid down by a Member State which would be more favourable to the persons covered by this Directive. 72/194/EEC. Directives 64/221/EEC. References made to the repealed provisions and Directives shall be construed as being made to this Directive. Articles 10 and 11 of Regulation (EEC) No. The sanctions laid down shall be effective and proportionate. 2. 75/35/EEC. 90/365/EEC and 93/96/EEC shall be repealed with effect from 30 April 2006. ARTICLE 36 Sanctions Member States shall lay down provisions on the sanctions applicable to breaches of national rules adopted for the implementation of this Directive and shall take the measures required for their application. Any such measure shall be proportionate and subject to the procedural safeguards provided for in Articles 30 and 31. 75/34/EEC. 68/360/EEC.

they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. regulations and administrative provisions necessary to comply with this Directive by 30 April 2006. ARTICLE 41 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.352 ARTICLE 39 Report No later than 30 April 2006 the Commission shall submit a report on the application of this Directive to the European Parliament and the Council. The Member States shall provide the Commission with the information needed to produce the report. 2. The methods of making such reference shall be laid down by the Member States. ARTICLE 40 Transposition 1. Member States shall bring into force the laws. When Member States adopt those measures. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive together with a table showing how the provisions of this Directive correspond to the national provisions adopted. notably on the opportunity to extend the period of time during which Union citizens and their family members may reside in the territory of the host Member State without any conditions. together with any necessary proposals. .

PART SIX The Schengen Acquis .

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PORTUGAL 25 Jun 1992. Having regard to the Memorandum of the Governments of the Benelux Economic Union of 12 December 1984 forwarded to the Governments of the Federal Republic of Germany and the French Republic. Having regard to the Agreement concluded at Saarbrücken on 13 July 1984 between Having regard to the Conclusions adopted on 31 May 1984 following the meeting of the Transport Ministers of the Benelux States and the Federal Republic of Germany at Neustadt an der Aisch. goods and services. ICELAND 19 Dec 1996. SLOVAKIA 1 May 2004. . POLAND 1 May 2004. FINLAND 19 Dec 1996. CYPRUS 1 May 2004. FRANCE 14 Jun 1985. SWITZERLAND 16 Oct 2004 The . NETHERLANDS 14 Jun 1985. Anxious to strengthen the solidarity between their peoples by removing the obstacles to free movement at the common borders between the States of the Benelux Economic Union. GREECE 6 Nov 1992. DENMARK 19 Dec 1996. Prompted by the resolve to achieve the abolition of checks at their common borders on the movement of nationals of the Member States of the European Communities and to facilitate the movement of goods and services at those borders. AGREEMENT BETWEEN THE GOVERNMENTS OF THE STATES OF THE BENELUX ECONOMIC UNION. Considering the progress already achieved within the European Communities with a view to ensuring the free movement of persons. SLOVENIA 1 May 2004. Aware that the ever closer union of the peoples of the Member States of the European Communities should find its expression in the freedom to cross internal borders for all nationals of the Member States and in the free movement of goods and services. HAVE AGREED AS FOLLOWS: . ITALY 27 November 1990. 14 June 1985 OJ 2000 L239/13 AUSTRIA 28 Apr 1995. . THE FEDERAL REPUBLIC OF GERMANY AND THE FRENCH REPUBLIC ON THE GRADUAL ABOLITION OF CHECKS AT THEIR COMMON BORDERS Schengen.355 VI. SWEDEN 19 Dec 1996. ESTONIA 1 May 2004. LUXEMBOURG 14 Jun 1985.1. Parties. MALTA 1 May 2004. Considering that application of this Agreement may require legislative measures which will have to be submitted to the parliaments of the Signatory States in accordance with their constitutions. LITHUANIA 1 May 2004. NORWAY 19 Dec 1996. BELGIUM 14 Jun 1985. HUNGARY 1 May 2004. SPAIN 25 Jun 1992. LATVIA 1 May 2004. GERMANY 14 Jun 1985. CZECH REPUBLIC 1 May 2004. the Federal Republic of Germany and the French Republic. Having regard to the statement by the Fontainebleau European Council on 25 and 26 June 1984 on the abolition of police and customs formalities for people and goods crossing intra-Community frontiers.

Article 2 With regard to the movement of persons. IN THE SHORT TERM . without requiring such vehicles to stop. the formalities for nationals of the Member States of the European Communities at the common borders between the States of the Benelux Economic Union. from 15 June 1985 the police and customs authorities shall as a general rule carry out simple visual surveillance of private vehicles crossing the common border at reduced speed. These shall be performed where possible off the main road. However.356 TITLE I: MEASURES APPLICABLE Article 1 As soon as this Agreement enters into force and until all checks are abolished completely. This disc shall indicate that they have complied with border police rules. the Federal Republic of Germany and the French Republic shall be carried out in accordance with the conditions laid down below. Article 3 To facilitate visual surveillance. Article 5 By 1 January 1986 common checks shall be put in place at adjacent national control posts in so far as that is not already the case and in so far as physical conditions so permit. taking account of local conditions. Article 4 The Parties shall endeavour to keep to a minimum the time spent at common borders in connection with checks on the carriage of passengers by road for hire or reward. are carrying only goods permitted under the duty-free arrangements and have complied with exchange regulations. The Parties shall seek solutions enabling them by 1 January 1986 to waive systematic checks at their common borders on passenger waybills and licences for the carriage of passengers by road for hire or reward. they may carry out more thorough controls by means of spot checks. Consideration shall subsequently be given to the possibility of introducing common checks at other border crossing points. nationals of the Member States of the European Communities wishing to cross the common border in a motor vehicle may affix to the windscreen a green disc measuring at least eight centimetres in diameter. so as not to interrupt the flow of other vehicles crossing the border.

taking into account the need to ensure the protection of the entire territory of the five States against illegal immigration and activities which could jeopardise security. Article 8 With a view to easing checks at their common borders and taking into account the significant differences in the laws of the States of the Benelux Economic Union. To that end and in accordance with their national laws. the necessary steps in order to apply their procedures for the issue of visas and admission to their territories. notably in combating crime. the Federal Republic of Germany and the French Republic. if possible by 1 January 1986. the unauthorised entry and residence of persons. customs and tax fraud and smuggling. Article 7 The Parties shall endeavour to approximate their visa policies as soon as possible in order to avoid the adverse consequences in the field of immigration and security that may result from easing checks at the common borders. . They shall take. The persons concerned may benefit from these advantages provided that they transport only goods permitted under the duty-free arrangements and comply with exchange regulations. Article 9 The Parties shall reinforce cooperation between their customs and police authorities. Within the framework of their national laws the Parties shall reinforce mutual assistance in respect of unauthorised movements of capital. particularly illicit trafficking in narcotic drugs and arms.357 Article 6 Without prejudice to the application of more favourable arrangements between the Parties. the Parties shall endeavour to improve the exchange of information and to reinforce that exchange where information which could be useful to the other Parties in combating crime is concerned. the Parties undertake to combat vigorously illicit drug trafficking on their territories and to coordinate their action effectively in this area. the latter shall take the measures required to facilitate the movement of nationals of the Member States of the European Communities resident in the local administrative areas along their common borders with a view to allowing them to cross those borders at places other than authorised crossing points and outside checkpoint opening hours.

Article 13 The Parties shall endeavour to harmonise by 1 January 1986 the systems applying among them to the licensing of commercial road transport with regard to crossborder traffic. – control of the weights and dimensions of commercial vehicles. W/ECE/TRANS/567. as from 1 July 1985. Article 12 From 1 July 1985 checks on documents detailing transport operations not carried out under licence or quota pursuant to Community or bilateral rules shall be replaced at the common borders by spot checks.358 Article 10 With a view to ensuring the cooperation provided for in Articles 6 to 9. this provision shall not prevent the introduction of automatic weighing systems for spot checks on weight. the Parties shall waive. Measures shall be taken to avoid checks being duplicated within the territories of the Parties. Vehicles carrying out transport operations under such arrangements shall display a visual symbol to that effect when crossing the border. easing and possibly replacing licences for journeys by licences for a period of time. systematic performance of the following checks at their common borders: – control of driving and rest periods (Council Regulation (EEC) No 543/69 of 25 March 1969 on the harmonisation of certain social legislation relating to road transport and AETR1). The procedures for converting licences for journeys into licences for periods of time shall be agreed on a bilateral basis. 1 European Agreement supplementing the Convention on Road Traffic opened for Signature at Vienna on 9 November 1968. meetings between the Parties’ competent authorities shall be held at regular intervals. Article 11 With regard to the cross-border carriage of goods by road. . account being taken of the road haulage requirements in the different countries concerned. with a visual check when vehicles cross common borders. Done at Geneva 1 May 1971. with the aim of simplifying. – controls on the vehicles’ technical state. The Parties’ competent authorities shall determine the features of this symbol by common agreement.

inter alia.359 Article 14 The Parties shall seek solutions to reduce the waiting times of rail transport at the common borders caused by the completion of border formalities. To that end they shall endeavour first to harmonise. in particular on the following matters. where necessary. – to do their utmost to apply to certain types of carriage of goods by rail. Article 15 The Parties shall recommend to their respective rail companies: – to adapt technical procedures in order to minimise stopping times at the common borders. regulations and administrative provisions concerning the prohibitions and restrictions on which the checks are based and to take complementary measures to safeguard internal security and prevent illegal immigration by nationals of States that are not members of the European Communities. TITLE II: MEASURES APPLICABLE Article 17 IN THE LONG TERM With regard to the movement of persons. by studying the possibility . Article 16 The Parties shall harmonise the opening dates and opening hours of customs posts for inland waterway traffic at the common borders. to be defined by the rail companies. Article 18 The Parties shall open discussions. (b) examining any difficulties that may arise in applying agreements on international judicial assistance and extradition. the laws. a special routing system whereby the common borders can be crossed rapidly without any appreciable stops (goods trains with reduced stopping times at borders). in order to determine the most appropriate solutions for improving cooperation between the Parties in those fields. the Parties shall endeavour to abolish checks at common borders and transfer them to their external borders. account being taken of the results of the short-term measures: (a) drawing up arrangements for police cooperation on crime prevention and investigation. (c) seeking means to combat crime jointly.

In so far as is necessary. Article 22 The Parties shall endeavour both among themselves and within the European Communities: – to increase the duty-free allowance for fuel in order to bring it into line with the normal contents of bus and coach fuel tanks (600 litres). Article 23 In the field of goods transport the Parties shall also endeavour to reduce stopping times and the number of stopping points at adjacent national control posts. . – to approximate the tax rates on diesel fuel and to increase the duty-free allowances for the normal contents of lorry fuel tanks. Article 21 The Parties shall take common initiatives within the European Communities: (a) to achieve an increase in the duty-free allowances granted to travellers. – arms and explosives.360 of introducing a right of hot pursuit for police officers. Article 19 The Parties shall seek to harmonise laws and regulations. taking into account existing means of communication and international judicial assistance. – the registration of travellers in hotels. in particular on: – narcotic drugs. The Parties shall take initiatives within the European Communities so that VAT on tourist transport services within the European Communities is collected in the country of depature on a harmonised basis. Article 20 The Parties shall endeavour to harmonise their visa policies and the conditions for entry to their territories. they shall also prepare the harmonisation of their rules governing certain aspects of the law on aliens in regard to nationals of States that are not members of the European Communities. (b) in the context of Community allowances to remove any remaining restrictions on entry to the Member States of goods possession of which is not prohibited for their nationals.

Article 27 The Parties shall examine whether. may be abolished. Article 25 The Parties shall develop their cooperation with a view to facilitating customs clearance of goods crossing a common border. Article 26 The Parties shall examine how indirect taxes (VAT and excise duties) may be harmonised in the framework of the European Communities. the limits on the duty-free allowances granted at the common borders to frontier-zone residents. through a systematic. on a reciprocal basis.361 Article 24 With regard to the movement of goods. They shall ensure that these measures do not adversely affect the necessary protection of the health of humans. the Parties shall seek means of transferring the checks currently carried out at the common borders to the external borders or to within their own territories. Article 29 This Agreement shall also apply to Berlin. unless a declaration to the contrary is made by the Government of the Federal Republic of Germany to the Governments of the States of the Benelux Economic Union and the Government of the French Republic within three months of entry into force of this Agreement. common initiatives among themselves and within the European Communities to harmonise the provisions on which checks on goods at the common borders are based. . automatic exchange of the necessary data collected by means of the single document. where necessary. To that end they shall take. animals and plants. as authorised under Community law. the Parties shall consult among themselves. Article 28 Before the conclusion of any bilateral or multilateral arrangements similar to this Agreement with States that are not parties thereto. To that end they shall support the initiatives undertaken by the European Communities.

followed by ratification or approval. This Agreement shall apply provisionally from the day following that of its signature. or subject to ratification or approval. unless other deadlines are laid down in this Agreement.362 Article 30 The measures provided for in this Agreement which are not applicable as soon as it enters into force shall be applied by 1 January 1986 as regards the measures provided for in Title I and if possible by 1 January 1990 as regards the measures provided for in Title II. Article 32 This Agreement shall be signed without being subject to ratification or approval. 6 and 8 to 16 of the Agreement concluded at Saarbrücken on 13 July 1984 between the Federal Republic of Germany and the French Republic. Article 31 This Agreement shall apply subject to the provisions of Articles 5. which shall transmit a certified copy to each of the Governments of the other Signatory States . Article 33 This Agreement shall be deposited with the Government of the Grand Duchy of Luxembourg. This Agreement shall enter into force 30 days after deposit of the last instrument of ratification or approval.

Whereas the Treaty establishing the European Communities. . Whereas the aim pursued by the Contracting Parties is in keeping with that objective. NETHERLANDS. ITALY. POLAND. LATVIA. SLOVAKIA. Taking as their basis the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common borders.363 VI. MALTA. ESTONIA. GREECE. their airports for internal flights and their sea ports for regular ferry connections exclusively from or to other ports within the territories of the Contracting Parties and not calling at any ports outside those territories. Whereas the fulfilment of that resolve requires a series of appropriate measures and close cooperation between the Contracting Parties. CZECH REPUBLIC. SLOVENIA. SWEDEN. SWITZERLAND The . 19 June 1990 as last amended with effect from 11 January 2006 by Regulation 1160/2005 of 6 July 2005. the Contracting Parties. without prejudice to the measures to be taken to implement the provisions of the Treaty. HUNGARY. Having decided to fulfil the resolve expressed in that Agreement to abolish checks at their common borders on the movement of persons and facilitate the transport and movement of goods at those borders. GERMANY. THE FEDERAL REPUBLIC OF GERMANY AND THE FRENCH REPUBLIC ON THE GRADUAL ABOLITION OF CHECKS AT THEIR COMMON BORDERS Schengen. OJ 2005 L68/44 AUSTRIA. supplemented by the Single European Act. Have agreed as follows: TITLE I: DEFINITIONS Article 1 For the purposes of this Convention: internal borders: shall mean the common land borders of the Contracting Parties. CONVENTION IMPLEMENTING THE SCHENGEN AGREEMENT OF 14 JUNE 1985 BETWEEN THE GOVERNMENTS OF THE STATES OF THE BENELUX UNION. FINLAND. provides that the internal market shall comprise an area without internal frontiers. . . PORTUGAL. OJ 2005 L191/182005 OJ 2000 L239/19. LUXEMBOURG. DENMARK. SPAIN. BELGIUM. FRANCE. LITHUANIA. CYPRUS.2.

alien for whom an alert has been issued for the purposes of refusing entry: shall mean an alien for whom an alert has been introduced into the Schengen Information System in accordance with Article 96 with a view to that person being refused entry. regardless of any other consideration. internal flight: shall mean any flight exclusively to or from the territories of the Contracting Parties and not landing in the territory of a third State. third State: shall mean any State other than the Contracting Parties. Internal borders may be crossed at any point without any checks on persons being carried out. asylum seeker: shall mean any alien who has lodged an application for asylum within the meaning of this Convention and in respect of which a final decision has not yet been taken. TITLE II: ABOLITION OF CHECKS AT INTERNAL BORDERS AND MOVEMENT OF PERSONS CHAPTER 1: CROSSING INTERNAL BORDERS Article 2 1.364 external borders: shall mean the Contracting Parties’ land and sea borders and their airports and sea ports. as amended by the New York Protocol of 31 January 1967. including measures taken under a final decision thereon. border check: shall mean a check carried out at a border in response exclusively to an intention to cross that border. provided that they are not internal borders. sea or land. residence permit: shall mean an authorisation of whatever type issued by a Contracting Party which grants right of residence within its territory. . carrier: shall mean any natural or legal person whose occupation it is to provide passenger transport by air. processing applications for asylum: shall mean all the procedures for examining and taking a decision on applications for asylum. application for asylum: shall mean any application submitted in writing. This definition shall not include temporary permission to reside in the territory of a Contracting Party for the purposes of processing an application for asylum or a residence permit. with the exception of the determination of the Contracting Party responsible for processing applications for asylum pursuant to this Convention. and as such obtaining the right of residence. alien: shall mean any person other than a national of a Member State of the European Communities. orally or otherwise by an alien at an external border or within the territory of a Contracting Party with a view to obtaining recognition as a refugee in accordance with the Geneva Convention relating to the Status of Refugees of 28 July 1951. border crossing point: shall mean any crossing point authorised by the competent authorities for crossing external borders.

2. where public policy or national security so require a Contracting Party may. or the exercise of police powers throughout a Contracting Party’s territory by the competent authorities under that Party’s law. carry and produce permits and documents provided for in that Party’s law. If public policy or national security require immediate action. decide that for a limited period national border checks appropriate to the situation shall be carried out at internal borders. together with their hand baggage. shall be adopted by the Executive Committee. More detailed provisions. External borders may in principle only be crossed at border crossing points and during the fixed opening hours. Passengers on internal flights who transfer onto flights bound for third States will be subject to a departure check. and rules governing special categories of maritime traffic such as pleasure boating and coastal fishing. after consulting the other Contracting Parties. . The Contracting Parties shall ensure that. The Contracting Parties undertake to introduce penalties for the unauthorised crossing of external borders at places other than crossing points or at times other than the fixed opening hours. 4. However. or the requirement to hold. by way of derogation from the definition of internal borders. as from 1993. 3. at the airport at which the external flight arrives. The Contracting Parties shall take the necessary measures to ensure that checks are carried out in accordance with paragraph 1. Until the date laid down in paragraph 1. 2. The abolition of checks on persons at internal borders shall not affect the provisions laid down in Article 22. Article 4 1. CHAPTER 2: CROSSING EXTERNAL BORDERS Article 3 1. at the airport from which the external flight departs. together with their hand baggage. such checks shall be carried out either in the airport of final destination or in the airport of initial departure. the Contracting Party concerned shall take the necessary measures and at the earliest opportunity shall inform the other Contracting Parties thereof. 4. passengers on flights from third States who transfer onto internal flights will be subject to an entry check. airports shall. 3.365 2. Checks on goods shall be carried out in accordance with the relevant provisions of this Convention. Neither paragraph 1 nor paragraph 2 shall affect checks on registered baggage. exceptions and arrangements for local border traffic. be considered as external borders for internal flights.

work and exit but also checks to detect and prevent threats to the national security and public policy of the Contracting Parties. both documents. Checks shall be carried out for the Contracting Parties’ territories. The uniform principles referred to in paragraph 1 shall be as follows: (a) Checks on persons shall include not only the verification of travel documents and the other conditions governing entry. 2. within the scope of national powers and national law and taking account of the interests of all Contracting Parties. as defined by the Executive Committee. 3. They shall be carried out by each Contracting Party in accordance with its national law. Aliens who hold residence permits or re-entry visas issued by one of the Contracting Parties or. in accordance with uniform principles. or are in a position to acquire such means lawfully. Such checks shall also be carried out on vehicles and objects in the possession of persons crossing the border. (b) that the aliens are in possession of a valid visa if required. An alien who does not fulfil all the above conditions must be refused entry into the territories of the Contracting Parties unless a Contracting Party considers it necessary to derogate from that principle on humanitarian grounds. residence. (e) that the aliens shall not be considered to be a threat to public policy. unless their names are on the national list of alerts of the Contracting Party whose external borders they are seeking to cross. Cross-border movement at external borders shall be subject to checks by the competent authorities. both for the period of the intended stay and for the return to their country of origin or transit to a third State into which they are certain to be admitted. which must inform the other Contracting Parties accordingly. where required. on grounds of national interest or because of international obligations. authorising them to cross the border. In such cases authorisation to enter will be restricted to the territory of the Contracting Party concerned. . aliens fulfilling the following conditions may be granted entry into the territories of the Contracting Parties: (a) that the aliens possess a valid document or documents. national security or the international relations of any of the Contracting Parties. (c) that the aliens produce. Article 6 1. 2. For stays not exceeding three months. (d) that the aliens shall not be persons for whom an alert has been issued for the purposes of refusing entry. shall be authorised entry for transit purposes. These rules shall not preclude the application of special provisions concerning the right of asylum or of the provisions laid down in Article 18. if necessary.366 Article 5 1. documents justifying the purpose and conditions of the intended stay and that they have sufficient means of subsistence. in particular where searches are involved.

Article 6A3 The travel documents of third-country nationals referred to in Article 5(1)(a). (e) If in exceptional and unforeseen circumstances requiring immediate measures such checks cannot be carried out. entry checks shall as a rule take priority over exit checks”. or 2 Amended by Article 2(1) of Council Regulation (EC) No 2133/2004 of 13 December 2004 on the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders of the Member States and amending the provisions of the Convention implementing the Schengen agreement and the common manual to this end. be established by the Executive Committee. 4 Inserted by Article 2(2) of Council Regulation (EC) No 2133/2004 of 13 December 2004 on the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders of the Member States and amending the provisions of the Convention implementing the Schengen agreement and the common manual to this end. 4. OJ 2004 L369/5. the same shall apply to border crossing points outside normal opening hours. This surveillance shall be carried out in such a way as to discourage people from circumventing the checks at crossing points. priorities must be set.2 3. The surveillance procedures shall. . An equal degree of control shall be exercised at external borders. If the travel document of a third-country national does not bear an entry stamp.367 (b) All persons shall undergo at least one such check in order to establish their identities on the basis of the production or presentation of their travel documents. Such checks shall always be carried out on aliens. aliens shall be subject to a thorough check. Article 6B4 1. 5. In that case. (d) On exit. shall be systematically stamped on entry and exit. OJ 2004 L369/5. the competent national authorities may presume that the holder does not fulfil. the checks shall be carried out as required in the interest of all Contracting Parties under the law on aliens in order to detect and prevent threats to the national security and public policy of the Contracting Parties. (c) On entry. The Contracting Parties undertake to deploy enough suitably qualified officers to carry out checks and surveillance along external borders. as defined in (a). where appropriate. 3 Inserted by Article 2(2) of Council Regulation (EC) No 2133/2004 of 13 December 2004 on the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders of the Member States and amending the provisions of the Convention implementing the Schengen agreement and the common manual to this end. The competent authorities shall use mobile units to carry out external border surveillance between crossing points. OJ 2004 L369/5.

exchange all relevant. unless otherwise provided for in this Convention. They shall as far as possible harmonise the instructions given to the authorities responsible for checks and shall promote standard basic and further training of officers manning checkpoints. in accordance with national law and practice. This presumption may be rebutted where the third-country national provides. d) Member States shall inform each other and the Commission and the Council Secretariat of their national practices with regard to the indication referred to in this Article. and the place where. in particular. with the exception of personal data. the competent authorities shall indicate. the conditions of duration of stay applicable within the Member State concerned. . Article 8 The Executive Committee shall take the necessary decisions on the practical procedures for carrying out border checks and surveillance. In such cases: a) where the third-country national is found on the territory of the Member States applying the Schengen acquis in full.368 no longer fulfils. a form as shown in the Annex may be given to the third-country national concerned. by any means. the person has crossed the external border of one of these Member States. credible evidence such as transport tickets or proof of his or her presence outside the territory of the Member States. the thirdcountry national may be expelled by the competent authorities from the territory of the Member States concerned Article 7 The Contracting Parties shall assist each other and shall maintain constant. the competent authorities shall indicate. close cooperation with a view to the effective implementation of checks and surveillance. b) where the third-country national is found on the territory of a Member State in respect of which the decision contemplated in Article 3(2) of the 2003 Act of Accession has not been taken. Should the presumption referred to in paragraph 1 not be rebutted. important information. c) in addition to the indication as referred to in (a) and (b). They shall. Such cooperation may take the form of an exchange of liaison officers. in the third-country national’s travel document the date on which. and the place where. in accordance with national law and practice. 2. the person has crossed the external border of that Member State. which shows that he or she has respected the conditions relating to the duration of a short stay. in the third-country national’s travel document the date on which. 3.

This visa. The visa arrangements relating to third States whose nationals are subject to visa arrangements common to all the Contracting Parties at the time of signing this Convention or at a later date may be amended only by common consent of all the Contracting Parties. The Contracting Parties undertake to pursue through common consent the harmonisation of their policies on visas. on the arrangements for visas. Paragraph 1 shall not preclude a Contracting Party from issuing a new visa. A Contracting Party may in exceptional cases derogate from the common visa arrangements relating to a third State where overriding reasons of national policy require an urgent decision. the period of validity of which shall be determined by Article 11. By way of derogation from paragraphs 1 and 2. the validity of which is limited to its own territory. They shall assist each other to that end. from the date of first entry. provided that neither the length of a continuous visit nor the total length of successive visits exceeds three months in any half-year. A uniform visa valid for the entire territory of the Contracting Parties shall be introduced. 2. It shall first consult the other Contracting Parties and. within the half-year in question if necessary. the Contracting Parties shall recognise their respective national visas.369 CHAPTER 3: VISAS SECTION 1: SHORT-STAY VISAS Article 9 1. 2. provided that no transit shall exceed five days. Pending the introduction of such a visa. The Contracting Parties undertake to adopt a common policy on the movement of persons and. in its decision. may be issued for visits not exceeding three months. Article 11 1. twice or exceptionally several times en route to the territory of a third State. 2. 3. each Contracting Party shall reserve the right to restrict the territorial validity of the visa in accordance with common arrangements determined in the context of the relevant provisions of this chapter. take account of their interests and the consequences of that decision. provided that these are issued in accordance with common conditions and criteria determined in the context of the relevant provisions of this Chapter. (b) a transit visa authorising its holder to pass through the territories of the Contracting Parties once. . The visa provided for in Article 10 may be: (a) a travel visa valid for one or more entries. in particular. Article 10 1.

370 Article 12 1. The uniform visa provided for in Article 10(1) shall be issued by the diplomatic and consular authorities of the Contracting Parties and, where appropriate, by the authorities of the Contracting Parties designated under Article 17. 2. The Contracting Party responsible for issuing such a visa shall in principle be that of the main destination. If this cannot be determined, the visa shall in principle be issued by the diplomatic or consular post of the Contracting Party of first entry. 3. The Executive Committee shall specify the implementing arrangements and, in particular, the criteria for determining the main destination. Article 13 1. No visa shall be affixed to a travel document that has expired. 2. The period of validity of a travel document must exceed that of the visa, taking account of the period of use of the visa. It must enable aliens to return to their country of origin or to enter a third country. Article 14 1. No visa shall be affixed to a travel document if that travel document is not valid for any of the Contracting Parties. If a travel document is only valid for one Contracting Party or for a number of Contracting Parties, the visa to be affixed shall be limited to the Contracting Party or Parties in question. 2. If a travel document is not recognised as valid by one or more of the Contracting Parties, an authorisation valid as a visa may be issued in place of a visa. Article 15 In principle the visas referred to in Article 10 may be issued only if an alien fulfils the entry conditions laid down in Article 5(1)(a), (c), (d) and (e). Article 16 If a Contracting Party considers it necessary to derogate on one of the grounds listed in Article 5(2) from the principle laid down in Article 15, by issuing a visa to an alien who does not fulfil all the entry conditions referred to in Article 5(1), the validity of this visa shall be restricted to the territory of that Contracting Party, which must inform the other Contracting Parties accordingly. Article 17 1. The Executive Committee shall adopt common rules for the examination of visa applications, shall ensure their correct implementation and shall adapt them to new situations and circumstances.

371 2. The Executive Committee shall also specify the cases in which the issue of a visa shall be subject to consultation with the central authority of the Contracting Party with which the application is lodged and, where appropriate, the central authorities of other Contracting Parties. 3. The Executive Committee shall also take the necessary decisions on the following: (a) (b) (c) (d) the travel documents to which a visa may be affixed; the visa-issuing authorities; the conditions governing the issue of visas at borders; the form, content, and period of validity of visas and the fees to be charged for their issue; (e) the conditions for the extension and refusal of the visas referred to in (c) and (d), in accordance with the interests of all the Contracting Parties; (f ) the procedures for limiting the territorial validity of visas; (g) the principles governing the drawing up of a common list of aliens for whom an alert has been issued for the purposes of refusing entry, without prejudice to Article 96. SECTION 2: LONG-STAY VISAS Article 185 Visas for stays exceeding three months shall be national visas issued by one of the Contracting Parties in accordance with its national law. Such visas shall enable their holders to transit through the territories of the other Contracting Parties in order to reach the territory of the Contracting Party which issued the visa, unless they fail to fulfil the entry conditions referred to in Article 5(1)(a), (d) and (e) or they are on the national list of alerts of the Contracting Party through the territory of which they seek to transit.

CHAPTER 4: CONDITIONS GOVERNING Article 19

THE

MOVEMENT

OF

ALIENS

1. Aliens who hold uniform visas and who have legally entered the territory of a Contracting Party may move freely within the territories of all the Contracting Parties during the period of validity of their visas, provided that they fulfil the entry conditions referred to in Article 5(1)(a), (c), (d) and (e).

5 Amended by Council Regulation 1091/2001 of 28 May 2001 on freedom of movement with a long-stay visa, OJ 2001 L150/4.

372 2. Pending the introduction of a uniform visa, aliens who hold visas issued by one of the Contracting Parties and who have legally entered the territory of one Contracting Party may move freely within the territories of all the Contracting Parties during the period of validity of their visas up to a maximum of three months from the date of first entry, provided that they fulfil the entry conditions referred to in Article 5(1)(a), (c), (d) and (e). 3. Paragraphs 1 and 2 shall not apply to visas whose validity is subject to territorial limitation in accordance with Chapter 3 of this Title. 4. This Article shall apply without prejudice to Article 22. Article 20 1. Aliens not subject to a visa requirement may move freely within the territories of the Contracting Parties for a maximum period of three months during the six months following the date of first entry, provided that they fulfil the entry conditions referred to in Article 5(1)(a), (c), (d) and (e). 2. Paragraph 1 shall not affect each Contracting Party’s right to extend beyond three months an alien’s stay in its territory in exceptional circumstances or in accordance with a bilateral agreement concluded before the entry into force of this Convention. 3. This Article shall apply without prejudice to Article 22. Article 21 1. Aliens who hold valid residence permits issued by one of the Contracting Parties may, on the basis of that permit and a valid travel document, move freely for up to three months within the territories of the other Contracting Parties, provided that they fulfil the entry conditions referred to in Article 5(1)(a), (c) and (e) and are not on the national list of alerts of the Contracting Party concerned. 2. Paragraph 1 shall also apply to aliens who hold provisional residence permits issued by one of the Contracting Parties and travel documents issued by that Contracting Party. 3. The Contracting Parties shall send the Executive Committee a list of the documents that they issue as valid travel documents, residence permits or provisional residence permits within the meaning of this Article. 4. This Article shall apply without prejudice to Article 22. Article 22 1. Aliens who have legally entered the territory of one of the Contracting Parties shall be obliged to report, in accordance with the conditions laid down by each Contracting Party, to the competent authorities of the Contracting Party whose territory they enter. Such aliens may report either on entry or within three working days of entry, at the discretion of the Contracting Party whose territory they enter.

373 2. Aliens resident in the territory of one of the Contracting Parties who enter the territory of another Contracting Party shall be required to report to the authorities, as laid down in paragraph 1. 3. Each Contracting Party shall lay down its exemptions from paragraphs 1 and 2 and shall communicate them to the Executive Committee. Article 23 1. Aliens who do not fulfil or who no longer fulfil the short-stay conditions applicable within the territory of a Contracting Party shall normally be required to leave the territories of the Contracting Parties immediately. 2. Aliens who hold valid residence permits or provisional residence permits issued by another Contracting Party shall be required to go to the territory of that Contracting Party immediately. 3. Where such aliens have not left voluntarily or where it may be assumed that they will not do so or where their immediate departure is required for reasons of national security or public policy, they must be expelled from the territory of the Contracting Party in which they were apprehended, in accordance with the national law of that Contracting Party. If under that law expulsion is not authorised, the Contracting Party concerned may allow the persons concerned to remain within its territory. 4. Such aliens may be expelled from the territory of that Party to their countries of origin or any other State to which they may be admitted, in particular under the relevant provisions of the readmission agreements concluded by the Contracting Parties. 5. Paragraph 4 shall not preclude the application of national provisions on the right of asylum, the Geneva Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967, paragraph 2 of this Article or Article 33(1) of this Convention. Article 24 Subject to the Executive Committee’s definition of the appropriate criteria and practical arrangements, the Contracting Parties shall compensate each other for any financial imbalances which may result from the obligation to expel as provided for in Article 23 where such expulsion cannot be effected at the alien’s expense.

374 CHAPTER 5: RESIDENCE PERMITS AND ALERTS REFUSING ENTRY Article 25 1. Where a Contracting Party considers issuing a residence permit to an alien for whom an alert has been issued for the purposes of refusing entry, it shall first consult the Contracting Party issuing the alert and shall take account of its interests; the residence permit shall be issued for substantive reasons only, notably on humanitarian grounds or by reason of international commitments. If a residence permit is issued, the Contracting Party issuing the alert shall withdraw the alert but may put the alien concerned on its national list of alerts. 2. Where it emerges that an alert for the purposes of refusing entry has been issued for an alien who holds a valid residence permit issued by one of the Contracting Parties, the Contracting Party issuing the alert shall consult the Party which issued the residence permit in order to determine whether there are sufficient reasons for withdrawing the residence permit. If the residence permit is not withdrawn, the Contracting Party issuing the alert shall withdraw the alert but may nevertheless put the alien in question on its national list of alerts.
FOR THE

PURPOSES

OF

CHAPTER 6: ACCOMPANYING MEASURES Article 26 1. The Contracting Parties undertake, subject to the obligations resulting from their accession to the Geneva Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967, to incorporate the following rules into their national law: (a) If aliens are refused entry into the territory of one of the Contracting Parties, the carrier which brought them to the external border by air, sea or land shall be obliged immediately to assume responsibility for them again. At the request of the border surveillance authorities the carrier shall be obliged to return the aliens to the third State from which they were transported or to the third State which issued the travel document on which they travelled or to any other third State to which they are certain to be admitted. (b) The carrier shall be obliged to take all the necessary measures to ensure that an alien carried by air or sea is in possession of the travel documents required for entry into the territories of the Contracting Parties. 2. The Contracting Parties undertake, subject to the obligations resulting from their accession to the Geneva Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967, and in accordance with their constitutional law, to impose penalties on carriers which transport

375 aliens who do not possess the necessary travel documents by air or sea from a Third State to their territories. 3. Paragraphs 1(b) and 2 shall also apply to international carriers transporting groups overland by coach, with the exception of border traffic. Article 27 1. . . .6 2. . . .7 3. . . .8

CHAPTER 7: RESPONSIBILITY FOR PROCESSING APPLICATIONS Article 28

FOR

ASYLUM

The Contracting Parties reaffirm their obligations under the Geneva Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967, with no geographic restriction on the scope of those instruments, and their commitment to cooperating with the United Nations High Commissioner for Refugees in the implementation of those instruments. Article 29 1. The Contracting Parties undertake to process any application for asylum lodged by an alien within any one of their territories. 2. This obligation shall not bind a Contracting Party to authorising all asylum seekers to enter or remain within its territory. Every Contracting Party shall retain the right to refuse entry or to expel asylum seekers to a third State on the basis of its national provisions and in accordance with its international commitments. 3. Regardless of the Contracting Party with which an alien lodges an application for asylum, only one Contracting Party shall be responsible for processing that application. This shall be determined on the basis of the criteria laid down in Article 30.

Repealed by Article 5(1) of Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence, OJ 2002 L328/17. 7 Repealed by Article 10 of Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence, OJ 2002 L328/1. 8 Repealed by Article 10 of Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence, OJ 2002 L328/1.

6

376 4. Notwithstanding paragraph 3, every Contracting Party shall retain the right, for special reasons connected in particular with national law, to process an application for asylum even if, under this Convention, the responsibility for so doing lies with another Contracting Party. Article 30 1. The Contracting Party responsible for processing an application for asylum shall be determined as follows: (a) If a Contracting Party has issued an asylum seeker with a visa, of whatever type, or a residence permit, it shall be responsible for processing the application. If the visa was issued on the authorisation of another Contracting Party, the Contracting Party which gave the authorisation shall be responsible. (b) If two or more Contracting Parties have issued an asylum seeker with a visa, of whatever type, or a residence permit, the Contracting Party responsible shall be the one which issued the visa or the residence permit that will expire last. (c) As long as the asylum seeker has not left the territories of the Contracting Parties, the responsibility defined in (a) and (b) shall remain even if the period of validity of the visa, of whatever type, or of the residence permit has expired. If the asylum seeker has left the territories of the Contracting Parties after the visa or the residence permit has been issued, these documents shall be the basis for the responsibility as defined in (a) and (b), unless they have expired in the meantime under national provisions. (d) If the Contracting Parties exempt the asylum seeker from the visa requirement, the Contracting Party across whose external borders the asylum seeker entered the territories of the Contracting Parties shall be responsible. Until the harmonisation of visa policies is fully achieved, and if the asylum seeker is exempted from the visa requirement by some Contracting Parties only, the Contracting Party across whose external borders the asylum seeker, through exemption from the visa requirement, has entered the territories of the Contracting Parties shall be responsible, subject to (a), (b) and (c). If the application for asylum is lodged with a Contracting Party which has issued a transit visa to the asylum seeker – whether the asylum seeker has passed through passport control or not – and if the transit visa was issued after the country of transit had ascertained from the consular or diplomatic authorities of the Contracting Party of destination that the asylum seeker fulfilled the entry conditions for the Contracting Party of destination, the Contracting Party of destination shall be responsible for processing the application. (e) If the asylum seeker has entered the territory of the Contracting Parties without being in possession of one or more documents, to be defined by the Executive Committee, authorising the crossing of the border, the Contracting Party across whose external borders the asylum seeker entered the territories of the Contracting Parties shall be responsible.

377 (f ) If an alien whose application for asylum is already being processed by one of the Contracting Parties lodges a new application, the Contracting Party responsible shall be the one processing the first application. (g) If an alien on whose previous application for asylum a Contracting Party has already taken a final decision lodges a new application, the Contracting Party responsible shall be the one that processed the previous application unless the asylum seeker has left the territory of the Contracting Parties. 2. If a Contracting Party has undertaken to process an application for asylum in accordance with Article 29(4), the Contracting Party responsible under paragraph 1 of this Article shall be relieved of its obligations. 3. Where no Contracting Party responsible can be determined on the basis of the criteria laid down in paragraphs 1 and 2, the Contracting Party with which the application for asylum was lodged shall be responsible. Article 31 1. The Contracting Parties shall endeavour to determine as quickly as possible which Party is responsible for processing an application for asylum. 2. If an application for asylum is lodged with a Contracting Party which is not responsible under Article 30 by an alien residing within its territory, that Contracting Party may request the Contracting Party responsible to take charge of the asylum seeker in order to process the application for asylum. 3. The Contracting Party responsible shall be obliged to take charge of the asylum seeker referred to in paragraph 2 if the request is made within six months of the application for asylum being lodged. If the request is not made within that time, the Contracting Party with whom the application for asylum was lodged shall be responsible for processing the application. Article 32 The Contracting Party responsible for processing an application for asylum shall process it in accordance with its national law. Article 33 1. If an asylum seeker is illegally within the territory of another Contracting Party while the asylum procedure is in progress, the Contracting Party responsible shall be obliged to take the asylum seeker back. 2. Paragraph 1 shall not apply where the other Contracting Party has issued an asylum seeker with a residence permit valid for one year or more. In that case, responsibility for processing the application shall be transferred to the other Contracting Party.

378 Article 34 1. The Contracting Party responsible shall be obliged to take back an alien whose application for asylum has been definitively rejected and who has entered the territory of another Contracting Party without being authorised to reside there. 2. Paragraph 1 shall not, however, apply where the Contracting Party responsible expelled the alien from the territories of the Contracting Parties. Article 35 1. The Contracting Party which granted an alien the status of refugee and right of residence shall be obliged to take responsibility for processing any application for asylum made by a member of the alien’s family provided that the persons concerned agree. 2. For the purposes of paragraph 1, a family member shall be the refugee’s spouse or unmarried child who is less than 18 years old or, if the refugee is an unmarried child who is less than 18 years old, the refugee’s father or mother. Article 36 Any Contracting Party responsible for processing an application for asylum may, for humanitarian reasons, based in particular family or cultural grounds, ask another Contracting Party to assume that responsibility provided that the asylum seeker so desires. The Contracting Party to which such a request is made shall consider whether it can be granted. Article 37 1. The competent authorities of the Contracting Parties shall at the earliest opportunity send each other details of: (a) any new rules or measures adopted in the field of asylum law or the treatment of asylum seekers no later than their entry into force; (b) statistical data on the monthly arrivals of asylum seekers, indicating the main countries of origin and decisions on applications for asylum where available; (c) the emergence of, or significant increases in, certain categories of asylum seekers and any information available on this subject; (d) any fundamental decisions in the field of asylum law. 2. The Contracting Parties shall also ensure close cooperation in gathering information on the situation in the asylum seekers’ countries of origin with a view to a joint assessment. 3. Any instruction given by a Contracting Party concerning the confidential processing of the information that it communicates must be complied with by the other Contracting Parties.

379 Article 38 1. Every Contracting Party shall send every other Contracting Party at their request any information it has on an asylum seeker which is necessary for the purposes of: – determining the Contracting Party responsible for processing the application for asylum, – processing the application for asylum, – implementing the obligations arising under this chapter. 2. Such information may concern only: (a) identity (surname and forename, any previous names, nicknames or aliases, date and place of birth, present nationality and any previous nationalities of the asylum seeker and, where appropriate, of the asylum seeker’s family members); (b) identity and travel documents (references, periods of validity, dates of issue, issuing authorities, place of issue, etc.); (c) any other details needed to establish the asylum seeker’s identity; (d) places of residence and routes travelled; (e) residence permits or visas issued by a Contracting Party; (f ) the place where the application for asylum was lodged; (g) where appropriate, the date any previous application for asylum was lodged, the date on which the present application was lodged, the stage reached in the procedure and the decision taken. 3. In addition, a Contracting Party may ask another Contracting Party to inform it of the grounds invoked by an asylum seeker in support of an application and, where appropriate, the grounds for the decision taken on the asylum seeker. The Contracting Party requested shall consider whether it can comply with such a request. In all events the communication of such information shall be subject to the asylum seeker’s consent. 4. Information shall be exchanged at the request of a Contracting Party and may only be exchanged between the authorities designated by each Contracting Party, once the Executive Committee has been informed thereof. 5. The information exchanged may only be used for the purposes laid down in paragraph 1. Such information may only be communicated to the authorities and courts and tribunals responsible for: – determining the Contracting Party responsible for processing the application for asylum, – processing the application for asylum, – implementing obligations arising under this chapter. 6. The Contracting Party that forwards the information shall ensure it is accurate and up-to-date. If it appears that a Contracting Party has supplied information that is inaccurate or should not have been forwarded, the recipient Contracting Parties shall be informed immediately thereof. They shall be obliged to correct such information or delete it.

380 7. Asylum seekers shall have the right to receive on request the information exchanged which concerns them as long as it remains available. If they establish that such information is inaccurate or should not have been forwarded, they shall have the right to demand its correction or deletion. Corrections shall be made in accordance with paragraph 6. 8. Each Contracting Party concerned shall record the forwarding and receipt of information exchanged. 9. Information forwarded shall be held no longer than necessary for the purposes for which it was exchanged. The Contracting Party concerned shall assess in due course whether it is necessary for it to be held. 10. In any case, information thus forwarded shall enjoy at least the same protection as is provided for similar information in the law of the recipient Contracting Party. 11. If information is not processed automatically but is handled in some other form, each Contracting Party shall take the appropriate measures to ensure compliance with this Article by means of effective controls. If a Contracting Party has a body of the type referred to in paragraph 12, it may assign the control task to it. 12. If one or more Contracting Parties wishes to computerise all or part of the information referred to in paragraphs 2 and 3, such computerisation shall only be authorised if the Contracting Parties concerned have adopted laws applicable to such processing which implement the principles of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981 and if they have entrusted an appropriate national body with the independent monitoring of the processing and use of data forwarded pursuant to this Convention.

TITLE III: POLICE AND SECURITY9 CHAPTER 1: POLICE COOPERATION Article 39 1. The Contracting Parties undertake to ensure that their police authorities shall, in compliance with national law and within the scope of their powers, assist each other for the purposes of preventing and detecting criminal offences, in so far as national law does not stipulate that the request has to be made and channelled via the judicial authorities and provided that the request or the implementation thereof does not involve the application of measures of constraint by the requested Contracting

9 In relations between Member States of the European Union, Title III is replaced by Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, OJ 2002 L190/1.

381 Party. Where the requested police authorities do not have the power to deal with a request, they shall forward it to the competent authorities. 2. Written information provided by the requested Contracting Party under paragraph 1 may not be used by the requesting Contracting Party as evidence of the offence charged other than with the consent of the competent judicial authorities of the requested Contracting Party. 3. Requests for assistance referred to in paragraph 1 and the replies to such requests may be exchanged between the central bodies responsible in each Contracting Party for international police cooperation. Where the request cannot be made in good time using the above procedure, the police authorities of the requesting Contracting Party may address it directly to the competent authorities of the requested Party, which may reply directly. In such cases, the requesting police authority shall at the earliest opportunity inform the central body responsible for international police cooperation in the requested Contracting Party of its direct request. 4. In border areas, cooperation may be covered by arrangements between the competent Ministers of the Contracting Parties. 5. The provisions of this Article shall not preclude more detailed present or future bilateral agreements between Contracting Parties with a common border. The Contracting Parties shall inform each other of such agreements. Article 40 1. Officers of one of the Member States who are keeping a person under surveillance in their country as part of a criminal investigation into an extraditable criminal offence because he is suspected of involvement in an extraditable criminal offence or, as a necessary part of a criminal investigation, because there is serious reason to believe that he can assist in identifying or tracing such a person, shall be authorised to continue their surveillance in the territory of another Member State where the latter has authorised cross-border surveillance in response to a request for assistance made in advance with supporting reasons. Conditions may be attached to the authorisation.10 On request, the surveillance will be entrusted to officers of the Contracting Party in whose territory this is carried out. The request for assistance referred to in the first subparagraph must be sent to an authority designated by each of the Contracting Parties and empowered to grant or to pass on the requested authorisation. 2. Where, for particularly urgent reasons, prior authorisation cannot be requested from the other Contracting Party, the officers carrying out the surveillance shall be

Replaced by Article 1(1) of Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40(1) and (7) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, OJ 2003 L260/37.

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382 authorised to continue beyond the border the surveillance of a person presumed to have committed criminal offences listed in paragraph 7, provided that the following conditions are met: (a) the authority of the Contracting Party designated under paragraph 5, in whose territory the surveillance is to be continued, must be notified immediately, during the surveillance, that the border has been crossed; (b) a request for assistance submitted in accordance with paragraph 1 and outlining the grounds for crossing the border without prior authorisation shall be submitted immediately. Surveillance shall cease as soon as the Contracting Party in whose territory it is taking place so requests, following the notification referred to in (a) or the request referred to in (b) or, where authorisation has not been obtained, five hours after the border was crossed. 3. The surveillance referred to in paragraphs 1 and 2 shall be carried out only under the following general conditions: (a) The officers carrying out the surveillance must comply with the provisions of this Article and with the law of the Contracting Party in whose territory they are operating; they must obey the instructions of the competent local authorities. (b) Except in the situations outlined in paragraph 2, the officers shall, during the surveillance, carry a document certifying that authorisation has been granted. (c) The officers carrying out the surveillance must at all times be able to prove that they are acting in an official capacity. (d) The officers carrying out the surveillance may carry their service weapons during the surveillance save where specifically otherwise decided by the requested Party; their use shall be prohibited save in cases of legitimate self-defence. (e) Entry into private homes and places not accessible to the public shall be prohibited. (f ) The officers carrying out the surveillance may neither challenge nor arrest the person under surveillance. (g) All operations shall be the subject of a report to the authorities of the Contracting Party in whose territory they took place; the officers carrying out the surveillance may be required to appear in person. (h) The authorities of the Contracting Party from which the surveillance officers have come shall, when requested by the authorities of the Contracting Party in whose territory the surveillance took place, assist the enquiry subsequent to the operation in which they took part, including judicial proceedings. 4. The officers referred to in paragraphs 1 and 2 shall be: – as regards the Kingdom of Belgium: members of the “police judiciaire près les Parquets” (Criminal Police attached to the Public Prosecutor’s Office), the “gendarmerie” and the “police communale” (municipal police), as well as customs officers, under the conditions laid down in appropriate bilateral agreements referred

383 to in paragraph 6, with respect to their powers regarding illicit trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous waste; as regards the Federal Republic of Germany: officers of the “Polizeien des Bundes und der Länder” (Federal Police and Federal State Police), as well as, with respect only to illicit trafficking in narcotic drugs and psychotropic substances and arms trafficking, officers of the “Zollfahndungsdienst” (customs investigation service) in their capacity as auxiliary officers of the Public Prosecutor’s Office; as regards the French Republic: criminal police officers of the national police and national “gendarmerie”, as well as customs officers, under the conditions laid down in appropriate bilateral agreements referred to in paragraph 6, with respect to their powers regarding illicit trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous waste; as regards the Grand Duchy of Luxembourg: officers of the “gendarmerie” and the police, as well as customs officers, under the conditions laid down in appropriate bilateral agreements referred to in paragraph 6, with respect to their powers regarding illicit trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous waste; as regards the Kingdom of the Netherlands: officers of the “Rijkspolitie” (national police) and the “Gemeentepolitie” (municipal police), as well as, under the conditions laid down in appropriate bilateral agreements referred to in paragraph 6, with respect to their powers regarding illicit trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives and the illicit transportation of toxic and hazardous waste, officers of the tax inspection and investigation authorities responsible for import and excise duties. 5. The authority referred to in paragraphs 1 and 2 shall be:

– as regards the Kingdom of Belgium: the “Commissariat général de la Police judiciaire” (Criminal Investigation Department), – as regards the Federal Republic of Germany: the “Bundeskriminalamt” (Federal Crime Office), – as regards the French Republic: the “Direction centrale de la Police judiciaire” (Central Headquarters of the Criminal Police), – as regards the Grand Duchy of Luxembourg: the “Procureur général d’Etat” (Principal State Prosecutor), – as regards the Kingdom of the Netherlands: the “Landelijk Officier van Justitie” (National Public Prosecutor) responsible for cross-border surveillance. 6. The Contracting Parties may, at bilateral level, extend the scope of this Article and adopt additional measures in application thereof. 7. The surveillance referred to in paragraph 2 may only be carried out where one of the following criminal offences is involved: murder, manslaughter, a serious offence of a sexual nature, arson, counterfeiting and forgery of means of payment, aggravated burglary and robbery and receiving stolen goods, extortion, kidnapping

384 and hostage taking, trafficking in human beings, illicit trafficking in narcotic drugs and psychotropic substances, breach of the laws on arms and explosives, wilful damage through the use of explosives, illicit transportation of toxic and hazardous waste, serious fraud, smuggling of alien, money laundering, illicit trafficking in nuclear and radioactive substances, participation in a criminal organisation as referred to in Council Joint Action 98/733/JHA of 21 December 1998 on making it a criminal offence to participate in a criminal organisation in the Member States of the European Unio, terrorist offences as referred to in Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism.11 Article 41 1. Officers of one of the Contracting Parties who are pursuing in their country an individual caught in the act of committing or of participating in one of the offences referred to in paragraph 4 shall be authorised to continue pursuit in the territory of another Contracting Party without the latter’s prior authorisation where, given the particular urgency of the situation, it is not possible to notify the competent authorities of the other Contracting Party by one of the means provided for in Article 44 prior to entry into that territory or where these authorities are unable to reach the scene in time to take over the pursuit. The same shall apply where the person being pursued has escaped from provisional custody or while serving a sentence involving deprivation of liberty. The pursuing officers shall, not later than when they cross the border, contact the competent authorities of the Contracting Party in whose territory the hot pursuit is to take place. The hot pursuit will cease as soon as the Contracting Party in whose territory the pursuit is taking place so requests. At the request of the pursuing officers, the competent local authorities shall challenge the pursued person in order to establish the person’s identity or to make an arrest. 2. Hot pursuit shall be carried out in accordance with one of the following procedures, defined by the declaration laid down in paragraph 9: (a) The pursuing officers shall not have the right to apprehend the pursued person; (b) If no request to cease the hot pursuit is made and if the competent local authorities are unable to intervene quickly enough, the pursuing officers may detain the person pursued until the officers of the Contracting Party in whose territory the pursuit is taking place, who must be informed immediately, are able to establish the person’s identity or make an arrest. 3. Hot pursuit shall be carried out in accordance with paragraphs 1 and 2 and in one of the following ways as defined by the declaration provided for in paragraph 9:

Amended by Article 1(2) of Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40(1) and (7) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, OJ 2003 L260/37.

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385 (a) in an area or during a period as from the crossing of the border, to be established in the declaration; (b) without limit in space or time. 4. In the declaration referred to in paragraph 9, the Contracting Parties shall define the offences referred to in paragraph 1 in accordance with one of the following procedures: (a) The following criminal offences: – murder, manslaughter, rape, arson, forgery of money, aggravated burglary and robbery and receiving stolen goods, extortion, kidnapping and hostage taking, trafficking in human beings, illicit trafficking in narcotic drugs and psychotropic substances, breach of the laws on arms and explosives, wilful damage through the use of explosives, illicit transportation of toxic and hazardous waste, failure to stop and give particulars after an accident which has resulted in death or serious injury. (b) Extraditable offences. 5. Hot pursuit shall be carried out only under the following general conditions: (a) The pursuing officers must comply with the provisions of this Article and with the law of the Contracting Party in whose territory they are operating; they must obey the instructions issued by the competent local authorities. (b) Pursuit shall be solely over land borders. (c) Entry into private homes and places not accessible to the public shall be prohibited. (d) The pursuing officers shall be easily identifiable, either by their uniform, by means of an armband or by accessories fitted to their vehicles; the use of civilian clothes combined with the use of unmarked vehicles without the aforementioned identification is prohibited; the pursuing officers must at all times be able to prove that they are acting in an official capacity. (e) The pursuing officers may carry their service weapons; their use shall be prohibited save in cases of legitimate self-defence. (f ) Once the pursued person has been apprehended as provided for in paragraph 2(b), for the purpose of being brought before the competent local authorities that person may only be subjected to a security search; handcuffs may be used during the transfer; objects carried by the pursued person may be seized. (g) After each operation referred to in paragraphs 1, 2 and 3, the pursuing officers shall appear before the competent local authorities of the Contracting Party in whose territory they were operating and shall report on their mission; at the request of those authorities, they shall remain at their disposal until the circumstances surrounding their action have been sufficiently clarified; this condition shall apply even where the hot pursuit has not resulted in the arrest of the person pursued. (h) The authorities of the Contracting Party from which the pursuing officers have come shall, when requested by the authorities of the Contracting Party in whose

386 territory the hot pursuit took place, assist the enquiry subsequent to the operation in which they took part, including judicial proceedings. 6. A person who, following the action provided for in paragraph 2, has been arrested by the competent local authorities may, whatever that person’s nationality, be held for questioning. The relevant rules of national law shall apply mutatis mutandis. If the person is not a national of the Contracting Party in whose territory the person was arrested, that person shall be released no later than six hours after the arrest was made, not including the hours between midnight and 9.00 a.m., unless the competent local authorities have previously received a request for that person’s provisional arrest for the purposes of extradition in any form whatsoever. 7. The officers referred to in the previous paragraphs shall be: – as regards the Kingdom of Belgium: members of the “police judiciaire près les Parquets” (Criminal Police attached to the Public Prosecutor’s Office), the “gendarmerie” and the “police communale” (municipal police), as well as customs officers, under the conditions laid down in appropriate bilateral agreements referred to in paragraph 10, with respect to their powers regarding illicit trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous waste; – as regards the Federal Republic of Germany: officers of the “Polizeien des Bundes und der Länder” (Federal and Federal State Police), as well as, with respect only to illegal trafficking in narcotic drugs and psychotropic substances and arms trafficking, officers of the “Zollfahndungsdienst” (customs investigation service) in their capacity as auxiliary officers of the Public Prosecutor’s Office; – as regards the French Republic: criminal police officers of the national police and national “gendarmerie”, as well as customs officers, under the conditions laid down in the appropriate bilateral agreements referred to in paragraph 10, with respect to their powers regarding illicit trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous waste; – as regards the Grand Duchy of Luxembourg: officers of the “gendarmerie” and the police, as well as customs officers, under the conditions laid down in the appropriate bilateral agreements referred to in paragraph 10, with respect to their powers regarding illicit trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives, and the illicit transportation of toxic and hazardous waste: – as regards the Kingdom of the Netherlands: officers of the “Rijkspolitie” (national police) and the “Gemeentepolitie” (municipal police) as well as, under the conditions laid down in the appropriate bilateral agreements referred to in paragraph 10, with respect to their powers regarding the illicit trafficking in narcotic drugs and psychotropic substances, trafficking in arms and explosives and the illicit transportation of toxic and hazardous waste, officers of the tax inspection and investigation authorities responsible for import and excise duties.

2. on the basis of paragraphs 2. Where. 3. 3 and 4. and telex lines and other . telephone. The Contracting Parties may. A Contracting Party may at any time replace its declaration by another declaration provided the latter does not restrict the scope of the former. In accordance with the relevant international agreements and account being taken of local circumstances and technical possibilities. in accordance with the law of the Contracting Party in whose territory they are operating. in accordance with Articles 40 and 41 of this Convention. Without prejudice to the exercise of its rights vis-à-vis third parties and with the exception of paragraph 3. 4. in particular in border areas. on a bilateral basis. At the time of signing this Convention. 10. the procedures for carrying out a hot pursuit in its territory. Article 43 1. each Contracting Party shall make a declaration in which it shall define for each of the Contracting Parties with which it has a common border. the first Contracting Party shall be liable for any damage caused by them during their operations. Article 44 1. officers operating in the territory of another Contracting Party shall be regarded as officers of that Party with respect to offences committed against them or by them. 9. the Contracting Parties shall install. Article 42 During the operations referred to in Articles 40 and 41. each Contracting Party shall refrain in the case provided for in paragraph 1 from requesting reimbursement of damages it has sustained from another Contracting Party. officers of a Contracting Party are operating in the territory of another Contracting Party. radio. The Contracting Party whose officers have caused damage to any person in the territory of another Contracting Party shall reimburse the latter in full any sums it has paid to the victims or persons entitled on their behalf. as amended by the Protocol of 11 May 1974. The Contracting Party in whose territory the damage referred to in paragraph 1 was caused shall make good such damage under the conditions applicable to damage caused by its own officers. For the Contracting Parties concerned this Article shall apply without prejudice to Article 27 of the Benelux Treaty concerning Extradition and Mutual Assistance in Criminal Matters of 27 June 1962.387 8. extend the scope of paragraph 1 and adopt additional provisions in implementation of this Article. Each declaration shall be made after consultation with each of the Contracting Parties concerned and with a view to obtaining equivalent arrangements on both sides of internal borders.

send the Contracting Party concerned any information which may be important in helping it combat future crime and prevent offences against or threats to public policy and public security. without prejudice to the arrangements for cooperation in border areas referred to in Article 39(4). unless national provisions stipulate otherwise. The central body shall be informed of this as soon as possible. In addition to these short-term measures. including nationals of the other Contracting Parties and those of other Member States of the European Communities. for criminal investigations or for clarifying the circumstances of missing persons or accident victims. (d) coordinating their programmes for the procurement of communications equipment. each Contracting Party may. In specific cases. Article 46 1. in compliance with its national law and without being so requested. Information shall be exchanged. 2. . the exchange of information within the meaning of this Article may take place directly between the police authorities concerned. Article 45 1. save where national law provides otherwise. caravans and boats. in particular tents. with a view to installing standardised and compatible communications systems. In particularly urgent cases. in particular for the timely transmission of information for the purposes of cross-border surveillance and hot pursuit. via a central body to be designated. (b) widening the frequency bands used in border areas. 2.388 direct links to facilitate police and customs cooperation. 2. with the exception of accompanying spouses or accompanying minors or members of travel groups. personally complete and sign registration forms and confirm their identity by producing a valid identity document. The Contracting Parties undertake to adopt the necessary measures in order to ensure that: (a) the managers of establishments providing accommodation or their agents see to it that aliens accommodated therein. (b) the completed registration forms will be kept for the competent authorities or forwarded to them where such authorities deem this necessary for the prevention of threats. they will in particular consider the following options: (a) exchanging equipment or posting liaison offers provided with appropriate radio equipment. Paragraph 1 shall apply mutatis mutandis to persons staying in any commercially rented accommodation. (c) establishing common links for police and customs services operating in these same areas.

and to facilitate the implementation of those Agreements. The Contracting Parties may conclude bilateral agreements providing for the secondment. They shall not be empowered to take independent police action.12 CHAPTER 2: MUTUAL ASSISTANCE Article 48 IN CRIMINAL MATTERS 1. 4. Liaison officers shall have the task of providing advice and assistance. 3. 2. particularly by providing assistance: (a) in the form of the exchange of information for the purposes of combating crime by means of both prevention and law enforcement. They shall report regularly to the head of the police department to which they are seconded. (b) in executing requests for mutual police and judicial assistance in criminal matters. . . Chapter II of the Benelux Treaty concerning Extradition and Mutual Assistance in Criminal Matters of 27 June 1962. of liaison officers from one Contracting Party to the police authorities of another Contracting Party. OJ 2003 L67/27. The provisions of this Chapter are intended to supplement the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 as well as. for a specified or unspecified period. in relations between the Contracting Parties which are members of the Benelux Economic Union. 2. (c) with the tasks carried out by the authorities responsible for external border surveillance. Paragraph 1 shall not affect the application of the broader provisions of the bilateral agreements in force between the Contracting Parties. They shall supply information and perform their duties in accordance with the instructions given to them by the seconding Contracting Party and by the Contracting Party to which they are seconded. . as amended by the Protocol of 11 May 1974.389 Article 47 1. . 12 Repealed by Article 11(2) of Council Decision 2003/170/JHA of 27 February 2003 on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States. The secondment of liaison officers for a specified or unspecified period is intended to further and accelerate cooperation between the Contracting Parties.

Requests regarding evasion of excise duties may not be rejected on the grounds that the requested country does not levy excise duties on the goods referred to in the request. by virtue of being infringements of the rules of law. (c) in clemency proceedings. prosecutions or proceedings other than those referred to in its request without the prior consent of the requested Contracting Party. OJ 2001 L326/2. 3. the Federal Republic of Germany. The Contracting Parties undertake to afford each other. . 2. as long as the criminal court has not yet taken a final decision in the criminal proceedings. in accordance with the Convention and the Treaty referred to in Article 48. (e) in the service of judicial documents relating to the enforcement of a sentence or a preventive measure.390 Article 49 Mutual assistance shall also be afforded: (a) in proceedings brought by the administrative authorities in respect of acts which are punishable under the national law of one of the two Contracting Parties. (b) in proceedings for claims for damages arising from wrongful prosecution or conviction. (d) in civil actions joined to criminal proceedings. mutual assistance as regards infringements of their laws and regulations on excise duties. (f ) in respect of measures relating to the deferral of delivery or suspension of enforcement of a sentence or a preventive measure. France. The requesting Contracting Party shall not forward or use information or evidence obtained from the requested Contracting Party for investigations. value added tax and customs duties. Article 5013 1. this Article is replaced as between those States by Article 8(3) of the Protocol established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union. or of both. Italy. the imposition of a fine or the payment of costs for proceedings. to conditional release or to a stay or interruption of enforcement of a sentence or a preventive measure. 13 On the entry into force between two of the Contracting States of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union 1980. Customs provisions shall mean the rules laid down in Article 2 of the Convention of 7 September 1967 between Belgium. and Article 2 of Council Regulation (EEC) No 1468/81 of 19 May 1981. and where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters. Luxembourg and the Netherlands on Mutual Assistance between Customs Administrations.

3. The Contracting Parties shall send the Executive Committee a list of the documents which may be forwarded in this way. The provisions of this Article shall also apply when the mutual assistance requested concerns acts punishable only by a fine by virtue of being infringements of the rules of law in proceedings brought by the administrative authorities. Article 52 1.391 4. (b) execution of the letters rogatory is consistent with the law of the requested Contracting Party. the case is deemed to be extremely serious by the requesting Contracting Party. Authorities sending a postal summons to appear shall ensure that this . given the circumstances or the identity of the accused. and where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters. If the authority forwarding the document knows that the addressee understands only some other language. Each Contracting Party may send procedural documents directly by post to persons who are in the territory of another Contracting Party. 2. Article 51 The Contracting Parties may not make the admissibility of letters rogatory for search or seizure dependent on conditions other than the following: (a) the act giving rise to the letters rogatory is punishable under the law of both Contracting Parties by a penalty involving deprivation of liberty or a detention order of a maximum period of at least six months. or is punishable under the law of one of the two Contracting Parties by an equivalent penalty and under the law of the other Contracting Party by virtue of being an infringement of the rules of law which is being prosecuted by the administrative authorities. Experts or witnesses who have failed to answer a summons to appear sent to them by post shall not. unless subsequently they voluntarily enter into the territory of the requesting Party and are there again duly summoned. 5. even if the summons contains a notice of penalty. the document – or at least the important passages thereof – must be translated into (one of ) the language(s) of the Contracting Party in whose territory the addressee is staying. where the request for assistance was made by a judicial authority. the document – or at least the important passages thereof – must be translated into that other language. unless. Where there is reason to believe that the addressee does not understand the language in which the document is written. The mutual assistance provided for in this Article may be refused where the alleged amount of duty underpaid or evaded does not exceed ECU 25000 or where the presumed value of the goods exported or imported without authorisation does not exceed ECU 100000. be subjected to any punishment or measure of constraint.

Requests for assistance may be made directly between judicial authorities and returned via the same channels. Article 53 1. Requests for the temporary transfer or transit of persons who are under provisional arrest. This provision shall be without prejudice to Article 34 of the Benelux Treaty concerning Extradition and Mutual Assistance in Criminal Matters of 27 June 1962. 5. Ministry of Justice shall mean the Federal Minister of Justice and the Justice Ministers or Senators in the Federal States (Länder).392 does not involve a notice of penalty. as amended by the Protocol of 11 May 1974. where the Federal Republic of Germany is concerned. in accordance with Article 21 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 or Article 42 of the Benelux Treaty on Extradition and Mutual Assistance in Criminal Matters of 27 June 1962. Notwithstanding paragraph 1. being detained or who are the subject of a penalty involving deprivation of liberty. 4. is actually in the process of being . 5. 2. Within the meaning of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959. Information laid in connection with proceedings against infringement of the legislation on driving and rest periods. Paragraph 1 shall not prejudice the possibility of requests being sent and returned between Ministries of Justice or through national central bureaux of the International Criminal Police Organisation. 3. and the periodic or occasional exchange of information from the judicial records must be effected through the Ministries of Justice. procedural documents may be forwarded via the judicial authorities of the requested Contracting Party where the addressee’s address is unknown or where the requesting Contracting Party requires a document to be served in person. If the act on which the request for assistance is based is punishable under the law of both Contracting Parties by virtue of being an infringement of the rules of law which is being prosecuted by the administrative authorities. the procedure outlined in paragraph 1 must in principle be used for the forwarding of procedural documents. may be sent by the judicial authorities of the requesting Contracting Party directly to the judicial authorities of the requested Contracting Party. if a penalty has been imposed. CHAPTER 3: APPLICATION OF THE NE BIS IN IDEM PRINCIPLE Article 54 A person whose trial has been finally disposed of in one Contracting Party may not be prosecuted in another Contracting Party for the same acts provided that. 4. and where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters. it has been enforced. as amended by the Protocol of 11 May 1974.

2. request the relevant information from the competent authorities of the Contracting Party in whose territory judgment has already been delivered. A Contracting Party which has made a declaration regarding the exception referred to in paragraph 1(b) shall specify the categories of offences to which this exception may apply. The exceptions which were the subject of a declaration under paragraph 1 shall not apply where the Contracting Party concerned has. To the extent permitted by national law. . however. (b) where the acts to which the foreign judgment relates constitute an offence against national security or other equally essential interests of that Contracting Party. accepting or approving this Convention. requested the other Contracting Party to bring the prosecution or has granted extradition of the person concerned. those authorities shall. Article 55 1. if they deem it necessary. The information requested shall be provided as soon as possible and shall be taken into consideration as regards further action to be taken in the proceedings under way. A Contracting Party may at any time withdraw a declaration relating to one or more of the exceptions referred to in paragraph 1. in the latter case. penalties not involving deprivation of liberty shall also be taken into account. 3. in respect of the same acts. 4. this exception shall not apply if the acts took place in part in the territory of the Contracting Party where the judgment was delivered. has been finally disposed of in another Contracting Party. (c) where the acts to which the foreign judgment relates were committed by officials of that Contracting Party in violation of the duties of their office. in connection with the same acts. Article 57 1. Where a Contracting Party charges a person with an offence and the competent authorities of that Contracting Party have reason to believe that the charge relates to the same acts as those in respect of which the person’s trial has been finally disposed of in another Contracting Party. 2. Article 56 If a further prosecution is brought in a Contracting Party against a person whose trial. A Contracting Party may. declare that it is not bound by Article 54 in one or more of the following cases: (a) where the acts to which the foreign judgment relates took place in whole or in part in its own territory.393 enforced or can no longer be enforced under the laws of the sentencing Contracting Party. any period of deprivation of liberty served in the latter Contracting Party arising from those acts shall be deducted from any penalty imposed. when ratifying.

when ratifying. OJ 2003 L67/25. Article 60 In relations between two Contracting Parties. at the request of one of the Contracting Parties. Paragraph 1 shall not affect the application of the broader provisions of the bilateral agreements in force between the Contracting Parties. at the time of ratifying. subject to the reservations and declarations made at the time of ratifying that Convention or. Article 58 The above provisions shall not preclude the application of broader national provisions on the ne bis in idem principle with regard to judicial decisions taken abroad. Each Contracting Party shall. persons against whom proceedings are being brought for acts punishable This Article is to be repealed on the entry into force of the Convention relating to Extradition between Member States of the European Union. The provisions of this chapter are intended to supplement the European Convention on Extradition of 13 September 1957 as well as. 2. Chapter I of the Benelux Treaty concerning Extradition and Mutual Assistance in Criminal Matters of 27 June 1962. nominate the authorities authorised to request and receive the information provided for in this Article. in relations between the Contracting Parties which are members of the Benelux Economic Union. and to facilitate the implementation of those agreements. 14 . accepting or approving this Convention. approving or accepting this Convention. one of which is not a Party to the European Convention on Extradition of 13 September 1957. Brussels. Article 6114 The French Republic undertakes to extradite. OJ 1996 C313/11) save in relation to requests for extradition made before that date unless the Member States concerned are already applying the Simplified Extradition Convention between themselves pursuant to Article 4(2) of Council Decision 2003/169/JHA of 27 February 2003 determining which provisions of the 1995 Convention on simplified extradition procedure between the Member States of the European Union and of the 1996 Convention relating to extradition between the Member States of the European Union constitute developments of the Schengen acquis. 27 September 1996. for Contracting Parties which are not Parties to the Convention. the provisions of the said Convention shall apply.394 3. CHAPTER 4: EXTRADITION Article 59 1. as amended by the Protocol of 11 May 1974.

OJ 1996 C313/11) save in relation to requests for extradition made before that date unless the Member States concerned are already applying the Simplified Extradition Convention between themselves pursuant to Article 4(2) of Council Decision 2003/169/JHA of 27 February 2003. in accordance with the Convention and the Treaty referred to in Article 59. Article 6316 The Contracting Parties undertake. to extradite between themselves persons being prosecuted by the judicial authorities of the requesting Contracting Party for one of the offences referred to in Article 50(1). The absence of a charge or an official notice authorising proceedings. Paragraphs 1 and 2 are to be repealed on the entry into force of the Convention relating to Extradition between Member States of the European Union. As regards interruption of limitation of actions. 3. necessary only under the law of the requested Contracting Party.395 under French law by a penalty involving deprivation of liberty or a detention order of a maximum period of at least two years and under the law of the requesting Contracting Party by a penalty involving deprivation of liberty or a detention order of a maximum period of at least one year. shall not affect the obligation to extradite. 15 . or sought by the requesting Contracting Party for the purposes of enforcing a sentence or preventive measure imposed in respect of such an offence. Brussels. 27 September 1996. Brussels. An amnesty granted by the requested Contracting Party shall not prevent extradition unless the offence falls within the jurisdiction of that Contracting Party. as amended by the Protocol of 11 May 1974. 2. Article 64 An alert entered into the Schengen Information System in accordance with Article 95 shall have the same force as a request for provisional arrest under Article 16 of the European Convention on Extradition of 13 September 1957 or Article 15 of the Benelux Treaty concerning Extradition and Mutual Assistance in Criminal Matters of 27 June 1962. Article 6215 1. OJ 2003 L67/25. only the provisions of the requesting Contracting Party shall apply. 27 September 1996. OJ 1996 C313/11) save in relation to requests for extradition made before that date unless the Member States concerned are already applying the Simplified Extradition Convention between themselves pursuant to Article 4(2) of Council Decision 2003/169/JHA of 27 February 2003. OJ 2003 L67/25. 16 This Article is to be repealed on the entry into force of the Convention relating to Extradition between Member States of the European Union.

The competent Ministries shall be: – as regards the Kingdom of Belgium: the Ministry of Justice. Article 6618 1. This Article is to be repealed on the entry into force of the Convention relating to Extradition between Member States of the European Union. – as regards the Federal Republic of Germany: the Federal Ministry of Justice and the Justice Ministers or Senators in the Federal States (Länder). 27 September 1996. OJ 2003 L67/25. OJ 1996 C313/11) save in relation to requests for extradition made before that date unless the Member States concerned are already applying the Simplified Extradition Convention between themselves pursuant to Article 4(2) of Council Decision 2003/169/JHA of 27 February 2003. pursuant to Article 4(1) of Council Decision 2003/169/JHA of 27 February 2003. requests for extradition and transit shall be sent by the relevant Ministry of the requesting Contracting Party to the competent Ministry of the requested Contracting Party. – as regards the Kingdom of the Netherlands: the Ministry of Justice. provided that the wanted person agrees thereto in a statement made before a member of the judiciary after being heard by the latter and informed of the right to formal extradition proceedings. – as regards the French Republic: the Ministry of Foreign Affairs. Without prejudice to the option of using the diplomatic channel. OJ 2003 L67/25. 18 This Article is to be repealed on the entry into force of the Convention on Simplified Extradition Procedure between Member States of the European Union. 2. If the extradition of a wanted person is not clearly prohibited under the laws of the requested Contracting Party. OJ 1995 L78/1) save in relation to requests for extradition made before that date unless the Member States concerned are already applying the Simplified Extradition Convention between themselves. 2. that Contracting Party may authorise extradition without formal extradition proceedings. – as regards the Grand Duchy of Luxembourg: the Ministry of Justice. Brussels. 17 . The wanted person may be assisted by a lawyer during the hearing. wanted persons who explicitly state that they will relinquish the protection offered by the principle of speciality may not revoke that statement. 10 March 1995.396 Article 6517 1. Brussels. In cases of extradition under paragraph 1.

2. at the request of the requesting Contracting Party. prior to the arrival of the documents supporting the request that the enforcement of the penalty or detention order or part thereof remaining to be served be taken over. where necessary. CHAPTER 6: NARCOTIC DRUGS Article 70 1. whose members shall be nominated by the competent national authorities. The working party referred to in paragraph 1. The Contracting Parties shall set up a permanent working party to examine common problems relating to combating crime involving narcotic drugs and to draw up proposals. Article 69 The transfer of enforcement under Article 68 shall not require the consent of the person on whom the penalty or the detention order has been imposed. and prior to the decision on that request. 2. has avoided the enforcement of that penalty or detention order may request the latter Contracting Party. for the purposes of supplementing that Convention. . if the escaped person is within its territory. to improve the practical and technical aspects of cooperation between the Contracting Parties. The Contracting Party in whose territory a penalty involving deprivation of liberty or a detention order has been imposed by a judgment which has obtained the force of res judicata in respect of a national of another Contracting Party who. take the sentenced person into police custody or take other measures to ensure that the person remains within the territory of the requested Contracting Party. shall include representatives of the police and customs authorities. The other provisions of the Council of Europe Convention on the Transfer of Sentenced Persons of 21 March 1983 shall apply mutatis mutandis. Article 68 1. to take over the enforcement of the penalty or detention order. The working party shall submit its proposals to the Executive Committee. The requested Contracting Party may. by escaping to the national’s own country.397 CHAPTER 5: TRANSFER OF THE ENFORCEMENT OF CRIMINAL JUDGMENTS Article 67 The following provisions shall apply between the Contracting Parties which are Parties to the Council of Europe Convention on the Transfer of Sentenced Persons of 21 March 1983.

4. The Contracting Parties undertake to prevent and punish by administrative and penal measures the illegal export of narcotic drugs and psychotropic substances. 5. . transferring some of the police and customs staff released from internal border duty and the use of modern drug-detection methods and sniffer dogs. To combat the illegal import of narcotic drugs and psychotropic substances. ensure that legislation is enacted to enable the seizure and confiscation of the proceeds of the illicit trafficking in narcotic drugs and psychotropic substances. In each individual case. a decision to allow controlled deliveries will be taken on the basis of prior authorisation from each Contracting Party concerned. inter alia. 75 and 76. Each Contracting Party shall retain responsibility for and control over any operation carried out in its own territory and shall be entitled to intervene. without prejudice to the relevant provisions of Articles 74. The Contracting Parties undertake. Such measures shall be drawn up by the working party provided for in Article 70. to adopt measures to allow controlled deliveries to be made in the context of the illicit trafficking in narcotic drugs and psychotropic substances. including cannabis. This working party shall consider. to adopt in accordance with the existing United Nations Conventions(1). including cannabis. in accordance with their constitutions and their national legal systems. 3. Each Contracting Party shall be responsible for the measures adopted to this end. 3. the Contracting Parties shall specifically carry out surveillance of places known to be used for drug trafficking. in accordance with their constitutions and their national legal systems. all necessary measures to prevent and punish the illicit trafficking in narcotic drugs and psychotropic substances. To ensure compliance with this Article. the Contracting Parties shall step up their checks on the movement of persons. including cannabis.398 Article 71 1. and the possession of such products and substances for sale or export. supply and handing over of such products and substances. Article 73 1. The Contracting Parties undertake as regards the direct or indirect sale of narcotic drugs and psychotropic substances of whatever type. as well as the sale. goods and means of transport at their external borders. Article 72 The Contracting Parties shall. The Contracting Parties shall do their utmost to prevent and combat the negative effects arising from the illicit demand for narcotic drugs and psychotropic substances of whatever type. 2. 2. including cannabis.

2.399 Article 74 As regards the legal trade in narcotic drugs and psychotropic substances. The Contracting Parties undertake to adapt their national laws. they produce a certificate issued or authenticated by a competent authority of their State of residence. the Contracting Parties agree that the checks arising from obligations under the United Nations Conventions listed in Article 71 and which are carried out at internal borders shall. 3. 2. The Contracting Parties shall notify each other of the authorities responsible for the issue and authentication of the certificate referred to in paragraph 2. trade in and handing over of firearms and ammunition by natural and legal persons. Problems experienced in this area shall be raised regularly in the Executive Committee. so as not to jeopardise the effectiveness of such controls. trade in and handing over of firearms and ammunition to the provisions of this chapter. regulations and administrative provisions relating to the acquisition. As regards the movement of travellers to the territories of the Contracting Parties or their movement within these territories. possession. be transferred to within the country. The Executive Committee shall lay down the form and content of the certificate referred to in paragraph 1 and issued by one of the Contracting Parties. with particular reference to details on the nature and quantity of the products and substances and the duration of the journey. 4. This chapter covers the acquisition. 2. ethical and practical usage. wherever possible. at any check. Article 75 1. The Contracting Parties shall notify each other of the measures taken in order to monitor the legal trade of the substances referred to in paragraphs 1 and 2. The Contracting Parties shall. Article 76 1. where necessary. persons may carry the narcotic drugs and psychotropic substances that are necessary for their medical treatment provided that. it does not cover the supply . 3. CHAPTER 7: FIREARMS AND AMMUNITION Article 77 1. adopt appropriate measures for the control of narcotic drugs and psychotropic substances which in the territory of one or more Contracting Parties are subject to more rigorous controls than in their own territory. possession. and in accordance with their medical. Paragraph 1 shall also apply to substances frequently used in the manufacture of narcotic drugs and psychotropic substances.

In special cases the competent authorities may grant authorisations for the firearms and ammunition referred to in paragraph 1 if this is not contrary to public policy or public security. (e) repeating semi-automatic long firearms with smoothbore barrels not exceeding 60 cm in length.400 of firearms or ammunition to. 2. (e) ammunition for pistols and revolvers with dumdum or hollow-pointed projectiles and projectiles for such ammunition. or their acquisition or possession by. automatic firearms. even if they are not weapons of war. 3. firearms disguised as other objects. For the purposes of this chapter. 2. The breach-closing mechanism. “long firearms” shall mean all other firearms. (c) single-shot short firearms with rimfire percussion. Article 78 1. the central and territorial authorities. (d) semi-automatic long firearms whose magazine and chamber can together hold more than three rounds. ammunition with penetrating. (b) firearms subject to authorisation. explosive or incendiary projectiles and the projectiles for such ammunition. . For the purposes of this Convention. with an overall length of less than 28 cm. the magazine and the barrel of firearms shall be subject mutatis mutandis to the regulations governing the weapon of which they are. The list of firearms the acquisition and possession of which is subject to authorisation shall include at least the following if they are not prohibited: (a) semi-automatic or repeating short firearms. “short firearms” shall mean firearms with a barrel not exceeding 30 cm or whose overall length does not exceed 60 cm. or are intended to be. the armed forces or the police or the manufacture of firearms and ammunition by public undertakings. Article 79 1. firearms shall be classified as follows: (a) prohibited firearms. The list of prohibited firearms and ammunition shall include the following: (a) (b) (c) (d) firearms normally used as weapons of war. (b) single-shot short firearms with centrefire percussion. mounted. (c) firearms subject to declaration. Article 80 1.

provided that the loading device is non-removable or that it is certain that the firearms cannot be converted. predates 1 January 1870. into firearms whose magazine and chamber can together hold more than three rounds. provided that they cannot be used to fire metal-case cartridges. with the exception of dispensations for hunting or sporting purposes. save in exceptional cases. (b) reproductions of arms listed under (a). to fire ammunition with projectiles and provided that the firing of an irritant substance does not cause permanent injury to persons. Article 82 The list of arms referred to in Articles 79. The list of firearms subject to authorisation shall not include: (a) arms used as warning devices or alarms or to fire non-lethal incapacitants. provided that it is guaranteed by technical means that such arms cannot be converted. (b) long firearms with single-shot rifled barrel or barrels. 80 and 81 shall not include: (a) firearms whose model or year of manufacture. (b) semi-automatic long firearms whose magazine and chamber cannot hold more than three rounds without being reloaded. using ordinary tools. (c) single-shot short firearms with rimfire percussion whose overall length exceeds 28 cm. using ordinary tools. . if such arms are neither prohibited nor subject to authorisation: (a) repeating long firearms. (c) firearms which by technical procedures guaranteed by the stamp of an official body or recognised by such a body have been rendered unfit to fire any kind of ammunition. provided that they cannot fire ammunition intended for prohibited arms or arms subject to authorisation. (d) the arms listed in Article 80(2)(b). Article 83 Authorisation to acquire and to possess a firearm listed in Article 80 may be issued only: (a) if the person concerned is over 18 years of age. Article 81 The list of firearms subject to declaration shall include. 2.401 (f ) semi-automatic firearms for civilian use which resemble weapons of war with automatic mechanisms.

or if there are no other indications that the person might be a danger to public policy or public security. Article 84 1. Authorisation for firearms subject to authorisation shall also cover firearms subject to declaration. a declaration of transfer must be made in accordance with procedures to be laid down by each Contracting Party. The Contracting Parties shall carry out checks on arms manufacturers and arms dealers. Article 85 1. 2. The Contracting Parties undertake to impose an authorisation requirement on manufacturers of. (c) if the person concerned has not been convicted of an offence. . to acquire or possess a firearm.402 (b) if the person concerned is not unfit. As regards firearms subject to authorisation under Articles 79 and 80. If a firearm is transferred by a person not referred to in Article 85. The Contracting Parties undertake to adopt measures prohibiting legitimate holders of firearms subject to authorisation or declaration from handing such arms over to persons who do not hold either an authorisation to acquire them or a declaration certificate. The Contracting Parties undertake to adopt measures to ensure that. Declarations in respect of the firearms mentioned in Article 81 shall be entered in a register kept by the persons referred to in Article 85. thereby guaranteeing effective control. as a result of mental illness or any other mental or physical disability. the register shall enable rapid identification of the type and origin of the firearms and the persons acquiring them. The Contracting Parties shall require manufacturers and dealers to keep a register of all firearms subject to authorisation or declaration. 3. 2. and on dealers in. Article 86 1. as a minimum requirement. firearms subject to authorisation and to impose a declaration requirement on manufacturers of. all firearms are permanently marked with a serial number enabling identification and that they carry the manufacturer’s mark. The declarations referred to in this Article shall contain the details necessary in order to identify the persons and the arms concerned. (d) if the reasons given by the person concerned for acquiring or possessing firearms can be considered legitimate. the Contracting Parties undertake to adopt measures to ensure that the serial number and the manufacturer’s mark on the firearm are entered in the authorisation issued to its holder. firearms subject to declaration. 3. 4. and on dealers in.

403 2. in the retailing of firearms. A firearms dealer shall mean any person whose trade or business consists. The acquisition of ammunition by persons not holding an authorisation to acquire arms shall be subject to the arrangements governing the weapon for which the ammunition is intended. may be amended or supplemented by the Executive Committee to take account of technical and economic developments and national security. in whole or in part. The exchange of information shall concern: . and to lay down appropriate penalties for any infringements of the laws and regulations on firearms. 2. subject to authorisation or subject to declaration. Article 90 The Contracting Parties may adopt more stringent laws and provisions on the acquisition and possession of firearms and ammunition. to set up within the framework of their national laws an exchange of information on the acquisition of firearms by persons – whether private individuals or firearms dealers – habitually resident or established in the territory of another Contracting Party. The Contracting Parties shall incorporate in their national law provisions enabling authorisation to be withdrawn from persons who no longer satisfy the conditions for the issue of authorisations under Article 83. The Contracting Parties agree. Such penalties may include the confiscation of firearms. on the basis of the European Convention on the Control of the Acquisition and Possession of Firearms by Individuals of 28 June 1978. A person who holds an authorisation to acquire a firearm shall not require an authorisation to acquire ammunition for that firearm. The Contracting Parties undertake to adopt appropriate measures. Article 87 1. Article 89 The lists of firearms which are prohibited. 2. Article 88 1. The Contracting Parties may authorise the temporary handing over of such firearms in accordance with procedures that they shall lay down. 2. Article 91 1. The authorisation may be issued for a single category or for all categories of ammunition. including the seizure of firearms and withdrawal of authorisations.

for the purposes of preventing or prosecuting criminal offences and infringements of rules of law. to have access to alerts on persons and property for the purposes of border checks and other police and customs checks carried out within the country in accordance with national law and. TITLE IV: THE SCHENGEN INFORMATION SYSTEM CHAPTER 1: ESTABLISHMENT OF THE SCHENGEN INFORMATION SYSTEM Article 92 1. 4. (b) between two Contracting Parties at least one of which has not ratified the Convention referred to in paragraph 1: firearms which are subject to authorisation or declaration in each of the Contracting Parties. i. Each Contracting Party shall designate the national authority responsible for sending and receiving the information referred to in paragraphs 2 and 3 and shall immediately inform the other Contracting Parties of any change of designated authority. for the purposes of . by means of an automated search procedure. calibre and other characteristics of the firearm in question and its serial number. hereinafter referred to as “the Schengen Information System”. consisting of a national section in each of the Contracting Parties and a technical support function. The authority designated by each Contracting Party may forward the information it has received to the competent local police authorities and the authorities responsible for border surveillance. (b) the model.e.: – in the case of a natural person: surname. forenames. – in the case of a legal person: the name or business name and registered place of business and the surname. 5. address and passport or identity card number. whether firearms dealer or not. date of issue and details of the issuing authority. address and passport or identity card number of the person authorised to represent the legal person. date and place of birth. Information on the acquisition of firearms shall be communicated without delay and shall include the following: (a) the date of acquisition of the firearm and the identity of the person acquiring it. The Contracting Parties shall set up and maintain a joint information system. The Schengen Information System shall enable the authorities designated by the Contracting Parties. forenames. manufacturer’s number.404 (a) between two Contracting Parties having ratified the Convention referred to in paragraph 1: the firearms listed in Appendix 1(A)(1)(a) to (h) of the said Convention. 3. in the case of the specific category of alerts referred to in Article 96. date and place of birth.

The Contracting Parties shall set up and maintain. on a common cost basis and bearing joint liability.405 issuing visas. the protocols and procedures which the Contracting Parties have jointly established for the technical support function. for its own account and at its own risk. It shall not be possible to search the data files of other Contracting Parties’ national sections. To ensure the rapid and effective transmission of data as referred to in paragraph 3. The data files of the technical support function shall contain alerts for persons and property in so far as these concern all the Contracting Parties.19 CHAPTER 2: OPERATION AND USE OF THE SCHENGEN INFORMATION SYSTEM Article 93 The purpose of the Schengen Information System shall be in accordance with this Convention to maintain public policy and public security. in the territories of the Contracting Parties and to apply the provisions of this 19 Amended by Article 1(1) of Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System. the data file of which shall be made materially identical to the data files of the national sections of each of the other Contracting Parties by means of the technical support function. its national section of the Schengen Information System. residence permits and the administration of legislation on aliens in the context of the application of the provisions of this Convention relating to the movement of persons. including national security. each Contracting Party shall observe. 2. Such information shall be used only for the purpose for which it was transmitted. The data file of the technical support function shall contain no data other than those referred to in this paragraph and in Article 113(2). Each national section’s data file shall be available for the purposes of carrying out automated searches in the territory of each of the Contracting Parties. . Member States shall in accordance with national legislation exchange through the authorities designated for that purpose (Sirene) all supplementary information necessary in connection with the entry of alerts and for allowing the appropriate action to be taken in cases where persons in respect of whom. when setting up its national section. the technical support function of the Schengen Information System. and objects in respect of which. 3. The French Republic shall be responsible for the technical support function. 4. are found as a result of searches made in this System. data have been entered in the Schengen Information System. Each Contracting Party shall set up and maintain. which shall be located in Strasbourg. including in the fight against terrorism. The technical support function shall comprise a data file which will ensure via on-line transmission that the data files of the national sections contain identical information. OJ 2004 L162/29.

OJ 2004 L162/29. Consultation must be held in this connection with the other Contracting Parties. (d) place and date of birth. (h) reason for the alert. shall not be authorised. (e) sex. (b) any specific objective physical characteristics not subject to change. the information shall be no more than the following: (a) surname and forenames. The Schengen Information System shall contain only those categories of data which are supplied by each of the Contracting Parties. 20 Amended by Article 1(2) of Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System. including in the fight against terrorism. ( j) action to be taken. in particular the data listed in the first sentence of Article 6 of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981. as required for the purposes laid down in Articles 95 to 100. it shall continue to apply in full for the other Contracting Parties. 3. (c) first letter of second forename. (i) action to be taken. If the Contracting Party issuing the alert does not withdraw the alert. (f ) nationality. 4. . For persons. its international obligations or essential national interests. Article 94 1.406 Convention relating to the movement of persons in those territories. violent or have escaped. (g) whether the persons concerned are armed. (b) objects referred to in Article 100 and vehicles referred to in Article 99. The Contracting Party issuing an alert shall determine whether the case is important enough to warrant entry of the alert in the Schengen Information System.20 Other information. The categories of data shall be as follows: (a) persons for whom an alert has been issued. any aliases possibly entered separately. Where a Contracting Party considers that an alert in accordance with Articles 95. 2. it may subsequently add to the alert contained in the data file of the national section of the Schengen Information System a flag to the effect that the action to be taken on the basis of the alert will not be taken in its territory. using information communicated via this system. 97 or 99 is incompatible with its national law.

the other Contracting Parties may make the arrest requested in the alert. (c) the nature and legal classification of the offence. without prejudice to the possibility of making the arrest in accordance with national law. or an enforceable judgment.407 Article 95 1. If the arrest cannot be made because an investigation has not been completed or because a requested Contracting Party refuses. Without prejudice to a flag or a decision to refuse the arrest. the latter must regard the alert as being an alert for the purposes of communicating the place of residence of the person concerned. for particularly urgent reasons. the Contracting Party shall check whether the arrest is authorised under the national law of the requested Contracting Parties. (e) in so far as is possible. The requested Contracting Parties shall carry out the action as requested in the alert in accordance with extradition Conventions in force and with national law. The requested Contracting Party shall take the necessary steps to ensure that the action to be taken can be carried out immediately if the alert is validated. the above time limit may be extended to one week. including the time. 6. The flag must be deleted no later than 24 hours after the alert has been entered. A requested Contracting Party may add to the alert in the data file of its national section of the Schengen Information System a flag prohibiting arrest on the basis of the alert until the flag is deleted. (d) a description of the circumstances in which the offence was committed. place and the degree of participation in the offence by the person for whom the alert has been issued. unless the Contracting Party refuses to make the requested arrest on legal grounds or for special reasons of expediency. . In particularly exceptional cases where this is justified by the complex nature of the facts behind the alert. the requested Contracting Party shall examine whether it is able to withdraw its flag. the consequences of the offence. 4. Before issuing an alert. If. 5. Data on persons wanted for arrest for extradition purposes shall be entered at the request of the judicial authority of the requesting Contracting Party. They shall not be obliged to carry out the action requested where one of their nationals is involved. If the Contracting Party issuing the alert has any doubts. 3. (b) whether there is an arrest warrant or other document having the same legal effect. 2. a Contracting Party requests an immediate search. it must consult the other Contracting Parties concerned. The Contracting Party issuing the alert shall send the requested Contracting Parties by the quickest means possible both the alert and the following essential information relating to the case: (a) the authority which issued the request for arrest.

where applicable. if so authorised by national law. 2. refusal of entry or removal which have not been rescinded or suspended.408 Article 96 1. Data on witnesses. for the purposes of communicating their place of residence or domicile. . Article 97 Data on missing persons or persons who. This situation may arise in particular in the case of: (a) an alien who has been convicted of an offence carrying a penalty involving deprivation of liberty of at least one year. 2. including those referred to in Article 71. Decisions may be based on a threat to public policy or public security or to national security which the presence of an alien in national territory may pose. including or accompanied by a prohibition on entry or. a prohibition on residence. persons summoned to appear before the judicial authorities in connection with criminal proceedings in order to account for acts for which they are being prosecuted. This shall apply in particular to minors and persons who must be interned following a decision by a competent authority. or in respect of whom there is clear evidence of an intention to commit such offences in the territory of a Contracting Party. Data on aliens for whom an alert has been issued for the purposes of refusing entry shall be entered on the basis of a national alert resulting from decisions taken by the competent administrative authorities or courts in accordance with the rules of procedure laid down by national law. 3. Article 98 1. or persons who are to be served with a criminal judgment or a summons to report in order to serve a penalty involving deprivation of liberty shall be entered. need temporarily to be placed under police protection at the request of the competent authority or the competent judicial authority of the Party issuing the alert shall be entered. at the request of the competent judicial authorities. The communication of data on a missing person who is of age shall be subject to the person’s consent. Decisions may also be based on the fact that the alien has been subject to measures involving deportation. for their own protection or in order to prevent threats. based on a failure to comply with national regulations on the entry or residence of aliens. so that the police authorities may communicate their whereabouts to the Party issuing the alert or may move the persons to a safe place in order to prevent them from continuing their journey. (b) an alien in respect of whom there are serious grounds for believing that he has committed serious criminal offences. Information requested shall be communicated to the requesting Party in accordance with national law and the Conventions in force on mutual assistance in criminal matters.

boats. (e) the vehicle used. containers and objects carried may be searched in accordance with national law for the purposes referred to in paragraphs 2 and 3. (g) the circumstances under which the person or the vehicle was found. 22 Amended by Article 1(5) of Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System. for the purposes of discreet surveillance or of specific checks in accordance with paragraph 5. The Member State issuing the alert pursuant to this paragraph shall be obliged to inform the other Member States thereof. or (b) where an overall assessment of the person concerned. For the purposes of discreet surveillance. boats. where there is clear evidence that the information referred to in paragraph 4 is necessary in order to prevent a serious threat by the person concerned or other serious threats to internal or external national security. (d) persons accompanying the person concerned or occupants of the vehicle. 3. OJ 2005 L68/44. aircraft and containers shall be entered in accordance with the national law of the Member State issuing the alert. aircraft. OJ 2005 L68/44.409 Article 99 1. time or reason for the check. in particular on the basis of past criminal offences. 23 Amended by Article 1(6) of Council Decision 2005/211/JHA of 24 February 2005 . the alert may be issued in accordance with national law. (b) the place.22 4. including in the fight against terrorism. at the request of the authorities responsible for national security.21 2. In addition. 5. Data on persons or vehicles. vehicles.23 If the specific check is not 21 Amended by Article 1(4) of Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System. During the collection of this information steps must be taken not to jeopardise the discreet nature of the surveillance. persons. all or some of the following information may be collected and communicated to the authority issuing the alert when border checks or other police and customs checks are carried out within the country: (a) the fact that the person for whom or the vehicle for which an alert has been issued has been found. Such an alert may be issued for the purposes of prosecuting criminal offences and for the prevention of threats to public security: (a) where there is clear evidence that the person concerned intends to commit or is committing numerous and extremely serious criminal offences. including in the fight against terrorism. (f ) objects carried. gives reason to suppose that that person will also commit extremely serious criminal offences in the future. (c) the route and destination of the journey. During the specific checks referred to in paragraph 1.

A requested Contracting Party may add to the alert in the data file of its national section of the Schengen Information System a flag prohibiting. caravans. lost or invalidated. residence permits and travel documents which have been stolen. OJ 2005 L68/44. lost or invalidated. Article 100 1. identity cards. If a search brings to light an alert for an object which has been found. 3. including in the fight against terrorism. credit cards. misappropriated or lost. (f ) vehicle registration certificates and vehicle number plates which have been stolen. misappropriated or lost. including in the fight against terrorism. (h) securities and means of payment such as cheques. misappropriated. 6. Without prejudice to a flag or a refusal. personal data may also be communicated in accordance with this Convention. 2. driving licences. misappropriated or lost. until the flag is deleted.410 authorised under the law of a Contracting Party. . The measures to be taken by the Contracting Party which found the object must be in accordance with its national law. misappropriated or lost. outboard engines and containers which have been stolen. misappropriated. (b) trailers with an unladen weight exceeding 750 kg. The following categories of readily identifiable objects shall be entered: (a) motor vehicles with a cylinder capacity exceeding 50 cc. The flag must be deleted no later than 24 hours after the alert has been entered unless the Contracting Party refuses to take the action requested on legal grounds or for special reasons of expediency. (c) firearms which have been stolen. the authority which matched the two items of data shall contact the authority which issued the alert in order to agree on the measures to be taken. Data on objects sought for the purposes of seizure or use as evidence in criminal proceedings shall be entered in the Schengen Information System. industrial equipment. boats and aircraft which have been stolen. For this purpose. for that Contracting Party. (g) banknotes (registered notes). it shall automatically be replaced. stocks and shares which have been stolen.24 concerning the introduction of some new functions for the Schengen Information System. by discreet surveillance. (e) issued identity papers such as passports. the other Contracting Parties may carry out the action requested in the alert. (d) blank official documents which have been stolen. OJ 2005 L68/44. bonds. performance of the action to be taken on the basis of the alert for the purposes of discreet surveillance or specific checks. 24 Amended by Article 1(7) of Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System. misappropriated or lost.

Article 101A27 1.25 2. as set out in national legislation. including in the fight against terrorism. and to search directly. which data it may search and for what purposes. 26 3. The European Police Office (Europol) shall within its mandate and at its own expense have the right to have access to. That list shall specify. including in the fight against terrorism. OJ 2004 L162/29. and the coordination of such checks. 4.411 Article 101 1. 27 Inserted by Article 1(9) of Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System. those responsible for the initiation of public prosecutions in criminal proceedings and judicial inquiries prior to indictment. access to data entered in the SIS and the right to search such data directly may also be exercised by national judicial authorities. Access to data entered in the Schengen Information System and the right to search such data directly shall be reserved exclusively to the authorities responsible for: (a) border checks. Access to data by these authorities shall be governed by the national law of each Member State. In addition. in the performance of their tasks. access to data entered in accordance with Article 96 and data concerning documents relating to persons entered in accordance with Article 100(3)(d) and (e) and the right to search such data directly may be exercised by the authorities responsible for issuing visas. the central authorities responsible for examining visa applications and the authorities responsible for issuing residence permits and for the administration of legislation on aliens in the context of the application of the provisions of this Convention relating to the movement of persons. However. Amended by Article 1(8) of Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System. OJ 2005 L68/44. 99 and 100. Users may only search data which they require for the performance of their tasks. for each authority. inter alia. including in the fight against terrorism. 25 . data entered into the Schengen Information System in accordance with Articles 95. Each Contracting Party shall send the Executive Committee a list of competent authorities which are authorised to search the data contained in the Schengen Information System directly. OJ 2005 L68/44. 26 Amended by Article 1(4) of Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System. (b) other police and customs checks carried out within the country.

via the channels defined by the Europol Convention. 28 Inserted by Article 1(9) of Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System. If the Member State allows the use of such information.412 2. Any communication of information obtained from such a search may only be communicated to third States and third bodies with the consent of the Member State having issued the alert. Where a search by a national member of Eurojust reveals the existence of an alert in the Schengen Information System. Europol shall inform. Europol shall: (a) record every search made by it. the handling thereof shall be governed by the Europol Convention. 4. to review the activities of Europol in the exercise of its right to accede to and to search data entered into the Schengen Information System. (b) without prejudice to paragraphs 4 and 5. 6. . Europol may only communicate such information to third States and third bodies with the consent of the Member State concerned. (d) adopt and apply the measures provided for in Article 118. Europol may request supplementary information from the Member State concerned in accordance with the provisions set out in the Europol Convention. 2. (c) limit access to data entered into the Schengen Information System to specifically authorised staff of Europol. he or she shall inform the Member State having issued the alert thereof. The national members of Eurojust and their assistants may only search data which they require for the performance of their tasks. Use of information obtained from a search in the Schengen Information System is subject to the consent of the Member State concerned. Europol may only search data which it requires for the performance of its tasks. Article 101B28 1. OJ 2005 L68/44. Where a search by Europol reveals the existence of an alert in the Schengen Information System. The national members of Eurojust and their assistants shall have the right to have access to. in accordance with the provisions of Article 103. 3. and search. 3. 5. data entered in accordance with Articles 95 and 98 into the Schengen Information System. (e) allow the Joint Supervisory Body. not connect parts of the Schengen Information System nor transfer the data contained therein to which it has access to any computer system for data collection and processing in operation by or at Europol nor download or otherwise copy any parts of the Schengen Information System. the Member State which issued the alert thereof. including in the fight against terrorism. set up under Article 24 of the Europol Convention.

413 4. The access to data entered into the Schengen Information System shall be limited to the national members and their assistants and not be extended to Eurojust staff. 2. or as affecting the powers of the Joint Supervisory Body set up pursuant to Article 23 of that Council Decision. 6. with effect from 1 January 2006 by Article 1(5) of Council Regulation (EC) . 5. Prior authorisation from the Contracting Party issuing the alert must be obtained for this purpose. By way of derogation. any derogation from paragraph 1 in order to change from one category of alert to another must be justified by the need to prevent an imminent serious threat to public policy and public security. With regard to the alerts laid down in Articles 95 to 100 of this Convention. 8. 7. Alerts issued by other Contracting Parties may not be copied from the national section of the Schengen Information System into other national data files. Data may not be used for administrative purposes. Nothing in this Article shall be interpreted as affecting the provisions of the Council Decision setting up Eurojust concerning data protection and the liability for any unauthorised or incorrect processing of such data by the national members of Eurojust or their assistants. 29 29 Amended. 3. No parts of the Schengen Information System shall be connected nor shall the data contained therein to which the national members or their assistants have access be transferred to any computer system for data collection and processing in operation by or at Eurojust nor shall any parts of the Schengen Information System be downloaded. Measures as provided for in Article 118 shall be adopted and applied. CHAPTER 3: PROTECTION OF PERSONAL DATA AND SECURITY OF DATA IN SCHENGEN INFORMATION SYSTEM Article 102 THE 1. Data may only be copied for technical purposes. on serious grounds of national security or for the purposes of preventing a serious criminal offence. The Contracting Parties may use the data provided for in Articles 95 to 100 only for the purposes laid down for each category of alert referred to in those Articles. Every search made by a national member of Eurojust or an assistant shall be recorded in accordance with the provisions of Article 103 and every use made by them of data to which they have acceded shall be registered. 4. data entered under Article 96 and data concerning documents relating to persons entered under Article 100(3)(d) and (e) may be used in accordance with the national law of each Member State for the purposes of Article 101(2) only. provided that such copying is necessary in order for the authorities referred to in Article 101 to carry out a direct search.

100(1). shall have the right to have access to the following data entered into the Schengen Information System. OJ 2004 L162/29. misappropriated. 30 Inserted with effect from 1 January 2006 by Regulation (EC) No 1160/2005 of the European Parliament and of the Council of 6 July 2006. 102(1). The communication by services as referred to in paragraph 1 to the police or judicial authorities of information brought to light by a search of the Schengen Information System which gives rise to suspicion of a criminal offence shall be governed by national law. That authority shall be entitled to search directly the data and to pass them on to those services. misappropriated or lost. Notwithstanding Articles 92(1). Article 100(2) shall not apply to a search made in accordance with this Article. Any use of data which does not comply with paragraphs 1 to 4 shall be considered as misuse under the national law of each Contracting Party. That report shall include information and statistics on the use made of the provisions of this Article No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System. Article 102A30 1. (c) data concerning registration certificates for vehicles and vehicle number plates which have been stolen. including in the fight against terrorism. Each year. lost or invalidated. 101(1) and (2). The services referred to in paragraph 1 that are government services shall be entitled to search directly the data entered in the Schengen Information System referred to in that paragraph. after seeking the opinion of the joint supervisory authority set up pursuant to Article 115 on the data protection rules. 3. (4) and (5). (b) data concerning trailers and caravans with an unladen weight exceeding 750 kg which have been stolen. as referred to in Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (*). Subject to paragraph 2. the national law of each Member State shall govern access to those data by those services. misappropriated or lost: (a) data concerning motor vehicles with a cylinder capacity exceeding 50 cc which have been stolen.414 5. The Member State concerned shall ensure that those services and their employees are obliged to respect any limitations on the permissible use of data passed on to them by the authority. misappropriated or lost. OJ 2005 L191/19. the services in the Member States responsible for issuing registration certificates for vehicles. . for the sole purpose of checking whether vehicles presented to them for registration have been stolen. 4. The services referred to in paragraph 1 that are not government services shall have access to data entered in the Schengen Information System referred to in that paragraph only through the intermediary of an authority as referred to in Article 101(1). 2. the Council shall submit a report to the European Parliament on the implementation of this Article.

. the national law of the requested Contracting Party performing the action shall apply.415 and the results obtained in their implementation and shall state how the data protection rules have been applied. add to. Alerts shall be governed by the national law of the Contracting Party issuing the alert unless more stringent conditions are laid down in this Convention. The record may only be used for this purpose and shall be deleted at the earliest after a period of one year and at the latest after a period of three years. In so far as this Convention does not lay down specific provisions. Article 103 Each Member State shall ensure that every transmission of personal data is recorded in the national section of the Schengen Information System by the data file management authority for the purposes of checking whether the search is admissible or not. it shall advise the Contracting Party issuing the alert thereof as soon as possible. 31 Amended by Article 1(10) of Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System. In so far as this Convention lays down specific provisions concerning performance of the action requested in the alert. up-to-date and lawful. including in the fight against terrorism. 2. Article 106 1.. 3. If the requested action cannot be performed. OJ 2005 L68/44. Article 105 The Contracting Party issuing the alert shall be responsible for ensuring that the data entered into the Schengen Information System is accurate. 2. the requested Contracting Party shall immediately inform the Contracting Party issuing the alert. In so far as this Convention does not lay down specific provisions concerning performance of the action requested in the alert. If one of the Contracting Parties which has not issued the alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored. Only the Contracting Party issuing the alert shall be authorised to modify. the law of each Contracting Party shall apply to data entered in its national section of the Schengen Information System. correct or delete data which it has entered. responsibility for that action shall be governed by the national law of the requested Contracting Party.31 Article 104 1.

2. The Contracting Parties shall inform one another. Each Contracting Party shall issue its alerts via that authority. 2. a Contracting Party which enters a further alert shall reach agreement on the entry of the alert with the Contracting Party which entered the first alert. correct or delete the item in question immediately. . the Contracting Party which did not issue the alert shall submit the case to the joint supervisory authority referred to in Article 115(1) for its opinion. of the authority referred to in paragraph 1. Article 109 1.416 the latter shall be obliged to check the communication and. the national supervisory authority provided for in Article 114(1) shall decide whether information shall be communicated and by what procedures. Each Contracting Party shall designate an authority which shall have central responsibility for its national section of the Schengen Information System. via the depositary. it shall be refused throughout the period of validity of an alert for the purpose of discreet surveillance. Article 110 Any person may have factually inaccurate data relating to them corrected or unlawfully stored data relating to them deleted. Article 107 Where a person is already the subject of an alert in the Schengen Information System. if necessary. In any event. If national law so provides. 4. A Contracting Party which has not issued the alert may communicate information concerning such data only if it has previously given the Contracting Party issuing the alert an opportunity to state its position. The right of persons to have access to data entered in the Schengen Information System which relate to them shall be exercised in accordance with the law of the Contracting Party before which they invoke that right. The said authority shall be responsible for the smooth operation of the national section of the Schengen Information System and shall take the necessary measures to ensure compliance with the provisions of this Convention. 3. The Contracting Parties may also lay down general provisions to this end. If the Contracting Parties are unable to reach agreement. 3. Article 108 1. Communication of information to the data subject shall be refused if this is indispensable for the performance of a lawful task in connection with the alert or for the protection of the rights and freedoms of third parties.

417 Article 111 1. 2. Article 112 A32 1. Personal data entered into the Schengen Information System for the purposes of tracing persons shall be kept only for the time required to meet the purposes for which they were supplied. 2. Any person may. including in the fight against terrorism. within the review period. The Contracting Party issuing the alert may. set shorter review periods in accordance with its national law. The period shall be one year in the case of the alerts referred to in Article 99. decide to keep the alert should this prove necessary for the purposes for which the alert was issued. bring before the courts or the authority competent under national law an action to correct. where appropriate. 4. The Contracting Parties undertake mutually to enforce final decisions taken by the courts or authorities referred to in paragraph 1. The provisions of paragraph 1 shall apply to the extended alert. in the territory of each Contracting Party. delete or obtain information or to obtain compensation in connection with an alert involving them. Any extension of the alert must be communicated to the technical support function. The 32 Inserted by Article 1(11) of Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System. Article 112 1. Paragraph 1 shall not prejudice the right of a Member State to keep in national files data relating to a particular alert which that Member State has issued or to an alert in connection with which action has been taken on its territory. The technical support function of the Schengen Information System shall automatically inform the Contracting Parties of scheduled deletion of data from the system one month in advance. OJ 2005 L68/44. 2. Personal data held in files by the authorities referred to in Article 92(4) as a result of information exchange pursuant to that paragraph. 3. Each Contracting Party shall. without prejudice to the provisions of Article 116. The Contracting Party which issued the alert must review the need for continued storage of such data not later than three years after they were entered. . shall be kept only for such time as may be required to achieve the purposes for which they were supplied. They shall in any event be deleted at the latest one year after the alert or alerts concerning the person or object concerned have been deleted from the Schengen Information System.

Article 114 1. Afterwards they must be destroyed.418 period of time for which such data may be held in such files shall be governed by national law. Each Contracting Party shall designate a supervisory authority responsible in accordance with national law for carrying out independent supervision of the data file of the national section of the Schengen Information System and for checking that the processing and use of data entered in the Schengen Information System does not violate the rights of the data subject. Article 113 1. For this purpose. 33 Amended by Article 1(12) of Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System. The period of time for which such data may be held in such files shall be governed by national law. 34 Inserted by Article 1(13) of Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System. including in the fight against terrorism. 2. Data other than personal data held in files by the authorities referred to in Article 92(4) as a result of information exchange pursuant to that paragraph. OJ 2005 L68/44.33 2. OJ 2005 L68/44. Article 113A34 1. the supervisory authority shall have access to the data file of the national section of the Schengen Information System. shall be kept only for such time as may be required to achieve the purposes for which they were supplied. Data other than that referred to in Article 112 shall be kept for a maximum of 10 years and data on objects referred to in Article 99(1) for a maximum of five years. During that period they may only be consulted for subsequent checking as to their accuracy and as to whether the data were entered lawfully. Data which have been deleted shall be kept for one year in the technical support function. They shall in any event be deleted at the latest one year after the alert or alerts concerning the person or object concerned have been deleted from the Schengen Information System. including in the fight against terrorism. Paragraph 1 shall not prejudice the right of a Member State to keep in national files data relating to a particular alert which that Member State has issued or to an alert in connection with which action has been taken on its territory. .

Article 115 1. taking into account Recommendation No R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe regulating the use of personal data in the police sector. For that purpose. and for drawing up harmonised proposals for joint solutions to existing problems. This authority shall consist of two representatives from each national supervisory authority. the check shall be carried out in close coordination with that Contracting Party’s supervisory authority. where the latter entered factually inaccurate data or stored data unlawfully. As regards the technical support function of the Schengen Information System. . A joint supervisory authority shall be set up and shall be responsible for supervising the technical support function of the Schengen Information System. The joint supervisory authority shall also be responsible for examining any difficulties of application or interpretation that may arise during the operation of the Schengen Information System. If the Contracting Party against which an action is brought is not the Contracting Party issuing the alert. Article 116 1. the latter shall be required to reimburse. Each Contracting Party shall be liable in accordance with its national law for any injury caused to a person through the use of the national data file of the Schengen Information System. That right shall be governed by the national law of the Contracting Party to which the request is made. Each Contracting Party shall have one vote. the joint supervisory authority shall have the task of checking that the provisions of this Convention are properly implemented. This shall also apply to injury caused by the Contracting Party which issued the alert. 2. the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to the Automatic Processing of Personal Data. it shall have access to the technical support function. 4. for studying any problems that may occur with the exercise of independent supervision by the national supervisory authorities of the Contracting Parties or in the exercise of the right of access to the system. Reports drawn up by the joint supervisory authority shall be submitted to the authorities to which the national supervisory authorities submit their reports. 3. and in accordance with the national law of the Contracting Party responsible for the technical support function. the sums paid out as compensation unless the data were used by the requested Contracting Party in breach of this Convention. If the data have been entered by another Contracting Party. 2. Any person shall have the right to ask the supervisory authorities to check data entered in the Schengen Information System which concern them and the use made of such data. Supervision shall be carried out in accordance with the provisions of this Convention.419 2. on request.

. (b) prevent the unauthorised reading. each Contracting Party shall. The communication of personal data provided for in this Title may not take place until the provisions for the protection of personal data as specified in paragraph 1 have entered into force in the territories of the Contracting Parties involved in such communication. 2. Such measures must be notified to the joint supervisory authority. 2. Article 118 1. (d) prevent the use of automated data-processing systems by unauthorised persons using data communication equipment (user control). copying. modification or removal of data media (data media control). Each Contracting Party undertakes. (h) prevent the unauthorised reading. to adopt the necessary measures in order to: (a) deny unauthorised persons access to data-processing equipment used for processing personal data (equipment access control). copying. (g) ensure that it is subsequently possible to verify and establish which personal data have been input into automated data-processing systems and when and by whom the data were input (input control). no later than the date of entry into force of this Convention. (f ) ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment (communication control). modification or deletion of personal data during transfers of personal data or during transportation of data media (transport control). Each Contracting Party must take special measures to ensure the security of data while they are being communicated to services located outside the territories of the Contracting Parties.420 Article 117 1. modification or deletion of stored personal data (storage control). (c) prevent the unauthorised input of data and the unauthorised inspection. As regards the automatic processing of personal data communicated pursuant to this Title. (e) ensure that persons authorised to use an automated data-processing system only have access to the data covered by their access authorisation (data access control). in relation to its national section of the Schengen Information System. adopt the necessary national provisions in order to achieve a level of protection of personal data at least equal to that resulting from the principles laid down in the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981 and in accordance with Recommendation No R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe regulating the use of personal data in the police sector.

at the discretion of the Party concerned. The costs of installing and operating the national section of the Schengen Information System shall be borne by each Contracting Party individually. In so far as it is not possible in certain fields to achieve the simplifications referred to in paragraph 2 in whole or in part. The Contracting Party responsible for the technical support function of the Schengen Information System shall adopt the measures laid down in paragraphs 1 to 3 in respect of that function. This paragraph shall apply in particular to monitoring compliance with rules on commercial transport permits. For the processing of data in its national section of the Schengen Information System each Contracting Party may appoint only specially qualified persons who have undergone security checks. CHAPTER 4: APPORTIONMENT OF THE COSTS INFORMATION SYSTEM Article 119 OF THE SCHENGEN 1. the Contracting Parties shall endeavour either to create the conditions therefor amongst themselves or to do so within the framework of the European Communities. The Contracting Parties shall facilitate the movement of goods across internal borders by carrying out formalities relating to prohibitions and restrictions when goods are cleared through customs for home use. 4. 2. Such customs clearance may. roadworthiness of means of transport. 2.421 3. 3. TITLE V: TRANSPORT AND MOVEMENT Article 120 OF GOODS 1. veterinary . be conducted either within the country or at the internal borders. The costs of installing and operating the technical support function referred to in Article 92(3). shall be borne jointly by the Contracting Parties. The Contracting Parties shall endeavour to encourage customs clearance within the country. including the cost of lines connecting the national sections of the Schengen Information System to the technical support function. Each Contracting Party’s share shall be determined on the basis of the rate for each Contracting Party applied to the uniform basis of assessment of value added tax within the meaning of Article 2(1)(c) of the Decision of the Council of the European Communities of 24 June 1988 on the system of the Communities’ own resources. regulations or administrative provisions do not unjustifiably impede the movement of goods at internal borders. The Contracting Parties shall jointly ensure that their laws.

2. In accordance with Community law. The Contracting Parties shall. upon request. 4. . work closely together within the Executive Committee in the framework of the European Communities and other international forums. Plant health certificates may continue to be used as the certificate required under the law on the protection of species. 4. particularly with a view to maintaining the existing level of safety. The Contracting Parties shall step up their cooperation with a view to ensuring the safe transportation of hazardous goods and undertake to harmonise their national provisions adopted pursuant to international Conventions in force. It shall immediately inform the other Contracting Parties thereof in writing. for certain types of plant and plant products. (d) ensure a permanent exchange of information and experience with regard to the measures implemented and the checks carried out. Should there be a danger of harmful organisms being introduced or propagated. Article 121 1. the plant health inspections and presentation of plant health certificates required under Community law. The Contracting Parties shall endeavour to harmonise formalities governing the movement of goods across external borders and to monitor compliance therewith according to uniform principles. It may amend this list and shall fix the date of entry into force for such amendments. In addition. giving the reasons for its decision.422 inspections and animal health checks. The Contracting Parties shall inform each other of the measures taken. The Executive Committee shall adopt the list of plants and plant products to which the simplification specified in the first subparagraph shall apply. a Contracting Party may request the temporary reinstatement of the control measures laid down in Community law and may implement those measures. Article 122 1. (b) harmonise the procedures for and the intensity of checks conducted during transportation and within undertakings. veterinary checks on health and hygiene. to this end. plant health inspections and monitoring the transportation of dangerous goods and hazardous waste. issue a plant health certificate when a consignment is intended in whole or in part for re-export in so far as plant health requirements are met for the plants or plant products concerned. the Contracting Parties shall waive. The competent authority shall. to: (a) harmonise their requirements with regard to the vocational qualifications of drivers. including meat inspections. they undertake. (c) harmonise the classification of offences and the legal provisions concerning the relevant penalties. 3.

2. Further reductions in and the final abolition of such checks will depend on the gradual increase in travellers’ duty-free allowances and on future developments in the rules applicable to the cross-border movement of travellers. 3. The second sentence of paragraph 1 shall also apply to this paragraph. while taking account of national law. to have export formalities carried out within the country and. on the other. they shall endeavour to adopt a common position regarding the amendment of Community Directives on the monitoring and management of transfers of hazardous waste and regarding the introduction of Community acts on nonhazardous waste. The Contracting Parties shall step up their cooperation with a view to conducting checks on transfers of hazardous and non-hazardous waste across internal borders. To this end. and to replace such a licence. by cooperating closely through a coordinating mechanism. 2. with the aim of setting up an adequate infrastructure for its disposal and of introducing waste disposal standards harmonised at a high level. The secondment of liaison officers shall have the general purposes of promoting . the Contracting Parties shall consult the other partners concerned. The Contracting Parties shall conclude arrangements on the secondment of liaison officers from their customs administrations.423 2. The Contracting Parties undertake to consult each other for the purposes of abolishing among themselves the current requirement to produce a licence for the export of strategic industrial products and technologies. if necessary. the Contracting Parties shall. checks on transfers of such waste shall be conducted on the basis of a special procedure whereby transfers may be checked at the point of destination during clearance procedures. Article 124 The number and intensity of checks on goods carried by travellers when crossing internal borders shall be reduced to the lowest level possible. endeavour to exchange relevant information. Article 123 1. the Contracting Parties shall endeavour. to harmonise their control procedures. With regard to products other than the strategic industrial products and technologies referred to in paragraph 1. by a flexible procedure in cases where the countries of first and final destination are Contracting Parties. on the one hand. In pursuit of the objectives set out in paragraphs 1 and 2. Pending Community rules on non-hazardous waste. Subject to such consultations. Article 125 1. and in order to guarantee the effectiveness of such checks as may prove necessary.

if damages are awarded against the recipient Contracting . 2. the latter Party or Parties shall be obliged to correct or destroy the data. that data have been provided that are inaccurate or should not have been communicated. should it establish. They shall not be authorised to take customs administration measures on their own initiative. (c) the Contracting Party communicating such data shall be obliged to ensure the accuracy thereof. adopt the necessary national provisions in order to achieve a level of protection of personal data at least equal to that resulting from the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981. the recipient Contracting Party or Parties must be immediately informed thereof. such authorisation may be granted in so far as the national law of the Contracting Party communicating the data so permits. each Contracting Party shall. or to indicate that the data are inaccurate or were unlawfully communicated. 3. either on its own initiative or further to a request by the data subject. no later than the date of entry into force of this Convention. As regards the automatic processing of personal data communicated pursuant to this Convention. They shall provide information and shall perform their duties in accordance with the instructions given to them by the seconding Contracting Party. (d) a Contracting Party may not plead that another Contracting Party communicated inaccurate data. 3. (b) such data may be used only by the judicial authorities and the departments and authorities carrying out tasks or performing duties in connection with the purposes referred to in paragraph (a). The task of liaison officers shall be to advise and to provide assistance. In addition. the following provisions shall apply to the automatic processing of personal data communicated pursuant to this Convention: (a) such data may be used by the recipient Contracting Party solely for the purposes for which this Convention stipulates that they may be communicated.424 and accelerating cooperation between the Contracting Parties. The communication of personal data provided for in this Convention may not take place until the provisions for the protection of personal data as specified in paragraph 1 have entered into force in the territories of the Contracting Parties involved in such communication. such data may be used for other purposes only with the prior authorisation of the Contracting Party communicating the data and in accordance with the law of the recipient Contracting Party. in order to avoid its liability under its national law vis-à-vis an injured party. in particular under existing Conventions and Community acts on mutual assistance. TITLE VI: PROTECTION OF PERSONAL DATA Article 126 1.

deliver an opinion on the difficulties of implementing and interpreting this Article. 3. the Contracting Party which communicated the data shall refund in full to the recipient Contracting Party the amount paid in damages. this obligation shall not apply where such a record is not necessary given the use of the data. (c) the decision concerning whether and under what conditions the data subject shall. Where the Contracting Party has.425 Party because of its use of inaccurate communicated data. (f ) the joint supervisory authority referred to in Article 115 may. a level of protection at least equal to that laid down in its national law for the use of similar data. in one or more areas. The following provisions shall also apply: (a) a written record shall be kept of the transmission and receipt of personal data. Where. 2. in cases other than those governed by Article 126(1). (e) the transmission and receipt of personal data must be recorded both in the source data file and in the data file in which they are entered. Paragraph 3 shall not apply to the communication of data provided for under Chapters 2 to 5 of Title III. (b) the recipient Contracting Party shall ensure. with the exception of subparagraph (e). shall apply. 4. Where personal data are communicated to another Contracting Party pursuant to the provisions of this Convention. at the request of one of the Contracting Parties. 2. at his request. This Article shall not apply to the communication of data provided for under Chapter 7 of Title II. and Title IV. compliance . personal data are communicated to another Contracting Party pursuant to this Convention. be provided information concerning communicated data relating to him shall be governed by the national law of the Contracting Party to which the request was addressed. in the use of communicated data. Article 128 1. in accordance with its national law. This Article shall not apply to the communication of data provided for under Chapter 7 of Title II and Title IV. Chapters 2 to 5 of Title III. or paragraph 1 of this Article. instructed a supervisory authority to monitor independently. Article 126 shall apply to the communication of the data from a non-automated data file and to their inclusion in another nonautomated data file. in particular if they are not used or are used only very briefly. The communication of personal data provided for by this Convention may not take place until the Contracting Parties involved in that communication have instructed a national supervisory authority to monitor independently that the processing of personal data in data files complies with Articles 126 and 127 and the provisions adopted for their implementation. Article 127 1. Article 126(3).

3. (c) the recipient Contracting Party shall. data may not be communicated to other authorities without the prior authorisation of the Contracting Party which provided them. the Contracting Parties undertake.426 with the provisions on the protection of personal data not entered in a data file. 2. R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe regulating the use of personal data in the police sector. Article 130 If personal data are communicated via a liaison officer as referred to in Article 47 or Article 125. Article 129 As regards the communication of personal data pursuant to Chapter 1 of Title III. the provisions of this title shall not apply unless the liaison officer communicates such data to the Contracting Party which seconded the officer to the territory of the other Contracting Party. . without prejudice to Articles 126 and 127. TITLE VII: EXECUTIVE COMMITTEE Article 131 1. (b) the data may be communicated to police forces and authorities only. inform the Contracting Party which provided the data of the use made of the data and the results thus obtained. An Executive Committee shall be set up for the purposes of implementing this Convention. to achieve a level of protection of personal data which complies with the principles of Recommendation No. the overall task of the Executive Committee shall be to ensure that this Convention is implemented correctly. as regards the communication of data pursuant to Article 46. In addition. the following provisions shall apply: (a) the data may be used by the recipient Contracting Party solely for the purposes indicated by the Contracting Party which provided the data and in compliance with the conditions laid down by that Contracting Party. This Article shall not apply to the communication of data provided for under Chapter 7 of Title II and Chapters 2 to 5 of Title III. upon request. Without prejudice to the special powers conferred upon it by this Convention. that Contracting Party shall instruct the same authority to supervise compliance with the provisions of this Title in the areas concerned.

A Contracting Party which envisages conducting negotiations on border checks with a third State shall inform the other Contracting Parties thereof in good time. Each Contracting Party shall have one seat on the Executive Committee. Article 136 1. 3. At the request of the representative of a Contracting Party. It shall meet as often as is necessary for it to discharge its duties properly. TITLE VIII: FINAL PROVISIONS Article 134 The provisions of this Convention shall apply only in so far as they are compatible with Community law. Article 133 The Executive Committee shall meet in the territory of each Contracting Party in turn. subject to the right of the Member States of the European Communities to conclude such agreements jointly. The Executive Committee may set up working parties composed of representatives of the administrations of the Contracting Parties in order to prepare decisions or to carry out other tasks. 2. in this connection it may provide for a written decision-making procedure. The Contracting Parties shall be represented on the Committee by a Minister responsible for the implementation of this Convention. The Executive Committee shall take its decisions unanimously. the final decision on a draft on which the Executive Committee has acted may be postponed for no more than two months from the date of submission of that draft. Article 135 The provisions of this Convention shall apply subject to the provisions of the Geneva Convention relating to the Status of Refugees of 28 July 1951. 2. as amended by the New York Protocol of 31 January 1967. if necessary. It shall draw up its own rules of procedure. 4. .427 Article 132 1. that Minister may. be assisted by experts. No Contracting Party shall conclude with one or more third States agreements simplifying or abolishing border checks without the prior agreement of the other Contracting Parties. who may participate in the deliberations.

This Convention shall be subject to ratification. acceptance or approval by the acceding State and by each of the Contracting Parties. It shall enter into force on the first day of the second month following the deposit of the final instrument of ratification. The other provisions shall apply as from the first day of the third month following the entry into force of this Convention. 2. The provisions concerning the setting up. Accession shall be the subject of an agreement between that State and the Contracting Parties. the provisions of this Convention shall apply only to the territory of the Kingdom in Europe. The instruments of ratification. activities and powers of the Executive Committee shall apply as from the entry into force of this Convention. Article 139 1. Any Member State of the European Communities may become a Party to this Convention. Paragraph 2 shall not apply to agreements on local border traffic in so far as those agreements comply with the exceptions and arrangements adopted under Article 3(1). Any Contracting Party may submit to the depositary a proposal to amend this Convention. 2. Article 141 1. acceptance or approval. Article 137 This Convention shall not be the subject of any reservations. As regards the Kingdom of the Netherlands. acceptance or approval shall be deposited with the Government of the Grand Duchy of Luxembourg. The Government of the Grand Duchy of Luxembourg shall notify all the Contracting Parties of the date of entry into force. The depositary shall forward that proposal to the other Contracting . which shall notify all the Contracting Parties thereof. Article 138 As regards the French Republic. Such an agreement shall be subject to ratification. 3. acceptance or approval. This Convention shall enter into force on the first day of the second month following the deposit of the final instrument of ratification.428 3. acceptance or approval. Article 140 1. save for those referred to in Article 60. the provisions of this Convention shall apply only to the European territory of the French Republic.

take account of the fact that the provisions of this Convention may provide for more extensive cooperation than that resulting from the provisions of the said Conventions. The Convention shall not be brought into force until the preconditions for its implementation have been fulfilled in the Signatory States and checks at external borders are effective. acceptance or approval. Joint Declaration on Article 139 The Signatory States shall. Provisions which conflict with those agreed between the Member States of the European Communities shall in any case be adapted. Amendments to this Convention which are deemed necessary by the Contracting Parties shall be subject to ratification. 2. acceptance or approval. 2. there has been a fundamental change in the conditions obtaining when the Convention entered into force. . At the request of one Contracting Party. the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders. Amendments shall enter into force on the first day of the second month following the date of deposit of the final instrument of ratification. to that end. prior to the entry into force of the Convention. the Contracting Parties shall agree on the conditions under which the provisions of this Convention are to be replaced or amended in the light of the corresponding provisions of such Conventions. When Conventions are concluded between the Member States of the European Communities with a view to the completion of an area without internal frontiers. in their opinion. inform each other of all circumstances that could have a significant bearing on the areas covered by this Convention and the bringing into force thereof. the Contracting Parties have adopted the following declarations: 1. The provision contained in Article 141(3) shall apply on the understanding that the amendments will not enter into force before the said Conventions between the Member States of the European Communities enter into force. The Contracting Parties shall adopt amendments to this Convention by common consent. the Contracting Parties shall re-examine the provisions of the Convention if.429 Parties. FINAL ACT At the time of signing the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union. Article 142 1. 3. The Contracting Parties shall.

430 2. Gypsophila. Pyrus. In the event of difficulties. Prunus. Joint Declaration on Article 121 In accordance with Community law. (2) Fresh fruit of: Citrus. Before 31 December 1992. (5) Seeds. the Executive Committee shall examine how best to achieve the simultaneous implementation of these measures at airports. Cydonia. but not constituted entirely of turf. particularly towards the territories of the other Contracting Parties. Joint Declaration on national asylum policies The Contracting Parties shall draw up an inventory of national asylum policies with a view to the harmonisation thereof. turf and bark with humus. The other Contracting Parties will take account of this situation although this may not be allowed to entail difficulties for the internal market. Joint Declaration on Article 4 The Contracting Parties undertake to make every effort to comply simultaneously with this deadline and to preclude any shortcomings in security. Dianthus. Malus. (3) Wood of: Castanea. Quercus. . Chrysanthemum. Vitis. or (b) listed under 2 to 6 and originating in one of the Contracting Parties: (1) Cut flowers and parts of plants suitable for ornamental purposes of: Castanea. The Kingdom of the Netherlands stresses that difficulties in meeting the deadline in a particular airport cannot be excluded but that this will not give rise to any shortcomings in security. (4) Growing medium constituted wholly or in part of earth or solid organic matter such as parts of plants. Dendranthema. Prunus. Salix. (6) [table] 5. 3. Quercus. the Contracting Parties shall waive the plant health inspections and presentation of plant health certificates required under Community law for the types of plant and plant products: (a) listed under 1. Joint Declaration on Article 71(2) In so far as a Contracting Party departs from the principle referred to in Article 71(2) in connection with its national policy on the prevention and treatment of addiction to narcotic drugs and psychotropic substances. Rosa. Gladiolus. all Contracting Parties shall adopt the necessary administrative measures and penal measures to prevent and punish the illicit import and export of such products and substances. Syringa. the Executive Committee shall examine what progress has been made. 4.

431 6. Joint Declaration on Article 132 The Contracting Parties shall inform their national Parliaments of the implementation of this Convention. .

COUNCIL REGULATION (EC) NO. Article 61 cites those lists among the flanking measures which are directly linked to the free movement of persons in an area of freedom. hereinafter referred to as the ‘Schengen Protocol’. point (2)(b) of the Treaty. Having regard to the proposal from the Commission. in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union. point B. case-by- . Consequently and without prejudice to Article 4 of the aforementioned Protocol.432 VI. is governed by a considered. and those exempt from it. Having regard to the Treaty establishing the European Community. (3) This Regulation constitutes the further development of those provisions in respect of which closer cooperation has been authorised under the Schengen Protocol and falls within the area referred to in Article 1. point (2)(b)(i) thereof. and in particular Article 62. and in that context it is required to determine the list of those third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement. the provisions of this Regulation apply neither to Ireland nor to the United Kingdom. It does not affect Member States’ obligations deriving from the acquis as defined in Annex A to Decision 1999/435/EC of 20 May 1999 concerning the definition of the Schengen acquis for the purpose of determining. (2) This Regulation follows on from the Schengen acquis in accordance with the Protocol integrating it into the framework of the European Union. application and development of the Schengen acquis. security and justice. of Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation. the Council is to adopt rules relating to visas for intended stays of no more than three months. the legal basis for each of the provisions or decisions which constitute the acquis. (5) The determination of those third countries whose nationals are subject to the visa requirement. 539/2001 OF 15 MARCH 2001 LISTING THE THIRD COUNTRIES WHOSE NATIONALS MUST BE IN POSSESSION OF VISAS WHEN CROSSING THE EXTERNAL BORDERS AND THOSE WHOSE NATIONALS ARE EXEMPT FROM THAT REQUIREMENT OJ 2001 L81/1 THE COUNCIL OF THE EUROPEAN UNION. Whereas: (1) Under Article 62. Having regard to the opinion of the European Parliament. (4) Pursuant to Article 1 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community. Ireland and the United Kingdom are not participating in the adoption of this Regulation.3.

that information should also be published in the Official Journal of the European Communities. Member States may exempt certain categories of persons from the visa requirement or impose it on them in accordance with public international law or custom. Member States may decide whether these categories of persons shall be subject to the visa requirement. For the same reasons. these countries are not included in the list in Annex II hereto. (8) In specific cases where special visa rules are warranted. Provision should be made for a Community mechanism enabling this principle of reciprocity to be implemented if one of the third countries included in Annex II to this Regulation decides to make the nationals of one or more Member States subject to the visa obligation. (10) The conditions governing entry into the territory of the Member States or the issue of visas do not affect the rules currently governing recognition of the validity of travel documents. (7) As regards stateless persons and recognised refugees. Liechtenstein and Norway from the visa requirement. and those whose nationals are exempt from that requirement. consideration also being given to the implications of regional coherence and reciprocity. However. is both a necessary and an appropriate means of ensuring that the common visa rules operate efficiently. where the third country in which these persons reside and which issued their travel documents is a third country whose nationals are exempt from the visa requirement. and to the European Union’s external relations with third countries. (12) This Regulation provides for full harmonisation as regards the third countries whose nationals are subject to the visa requirement for the crossing of Member States’ external borders and those whose nationals are exempt from that requirement. the decision as to the visa requirement or exemption should be based on the third country in which these persons reside and which issued their travel documents. signed at Strasbourg on 20 April 1959. given the differences in the national legislation applicable to stateless persons and to recognised refugees. public policy and security. Member States should communicate to the other Member States and to the Commission the measures which they take pursuant to this Regulation. enacting a Regulation listing the third countries whose nationals must be in possession of visas when crossing the external borders. without prejudice to obligations under international agreements signed by the Member States and in particular the European Agreement on the Abolition of Visas for Refugees. (11) In accordance with the principle of proportionality stated in Article 5 of the Treaty.433 case assessment of a variety of criteria relating inter alia to illegal immigration. (9) With a view to ensuring that the system is administered openly and that the persons concerned are informed. (6) As the Agreement on the European Economic Area exempts nationals of Iceland. HAS ADOPTED THIS REGULATION: .

(c) provisional introduction of the visa requirement shall be published by the Council in the Official Journal of the European Communities before it takes effect. – entry for transit through the territory of that Member State or several Member States. ‘visa’ shall mean an authorization issued by a Member State or a decision taken by such State which is required with a view to: – entry for an intended stay in that Member State or in several Member States of no more than three months in total. the third country repeals its decision to establish the visa requirement. The establishment by a third country on the list in Annex II of the visa requirement for nationals of a Member State shall give rise to the application of the following provisions. The provisional introduction of the visa requirement for nationals of the third country concerned shall be repealed 7 days after the date of publication. Member States’ obligation to subject the nationals of the third country concerned to the visa requirement shall be established provisionally 30 days after notification unless the Council. the Member State concerned shall immediately notify the Commission and the Council in writing accordingly. 4. 2. Nationals of third countries on the list in Annex I shall be required to be in possession of a visa when crossing the external borders of the Member States. . (d) the Commission shall examine any request made by the Council or by a Member State that it submit a proposal to the Council amending the Annexes to this Regulation to include the third country concerned in Annex I and remove it from Annex II. Article 2 For the purposes of this Regulation. 3. (e) if. acting by qualified majority beforehand. without prejudice to the provisions of any agreement which the Community may have concluded with that third country granting exemption from the visa requirement: (a) the Member State may notify the Commission and the Council in writing of the fact that the third country has established the visa requirement. Nationals of third countries on the list in Annex II shall be exempt from the requirement set out in paragraph 1 for stays of no more than three months in all.434 Article 1 1. prior to the adoption by the Council of such an amendment to the Annexes to this Regulation. except for transit at an airport. decides otherwise. (f ) such notification shall be published by the Council in the Official Journal of the European Communities. (b) in the case of such notification. Nationals of new third countries formerly part of countries on the lists in Annexes I and II shall be subject respectively to the provisions of paragraphs 1 and 2 unless and until the Council decides otherwise under the procedure laid down in the relevant provision of the Treaty.

435 Article 3 Without prejudice to obligations under the European Agreement on the Abolition of Visas for Refugees. (c) the flight crew and attendants on emergency or rescue flights and other helpers in the event of disaster or accident. official-duty passports and other official passports. 2. signed at Strasbourg on 20 April 1959. second indent and Article 4. Member States shall communicate to the other Member States and the Commission the measures they have taken pursuant to Article 3. Any further changes to those measures shall be similarly communicated within five working days. 2. A Member State may provide for exceptions from the exemption from the visa requirement provided for in Article 1(2) as regards persons carrying out a paid activity during their stay. (d) the civilian crew of ships navigating in international waters. Article 5 1. . A Member State may exempt from the visa requirement a school pupil having the nationality of a third country listed in Annex I who resides in a third country listed in Annex II and is travelling in the context of a school excursion as a member of a group of school pupils accompanied by a teacher from the school in question. 3. Within 10 working days of the entry into force of this Regulation. A Member State may provide for exceptions from the visa requirement provided for by Article 1(1) or from the exemption from the visa requirement provided for by Article 1(2) as regards: (a) holders of diplomatic passports. (e) the holders of laissez-passer issued by some intergovernmental international organisations to their officials. (b) civilian air and sea crew. recognised refugees and stateless persons: – shall be subject to the visa requirement if the third country where they reside and which issued their travel document is one of the third countries lis ted in Annex I. Article 4 1. The Commission shall publish the measures communicated pursuant to paragraph 1 in the Official Journal of the European Communities for information. – may be exempted from the visa requirement if the third country where they reside and which issued their travel document is one of the third countries listed in Annex II.

Belize. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community. part I of the CCI and of Annex 5. part II of the CCI and in Annex 5. 574/1999 (1) shall be replaced by this Regulation. 3. 3. 2. part I of the CCI and in Annex 5.2) shall be repealed. Bahrain. Belarus. travel and identity documents issued by their authorities. 5. The final versions of the Common Consular Instruction (CCI) and Schengen Executive Committee of 28 April 1999 (SCH/Com-ex (99) 13) shall be amended as follows: 1. 539/2001’. Council Regulation (EC) No. rev. Benin. ANNEX I Common list referred to in Article 1(1) 1. Azerbaijan. The decisions of the Schengen Executive Committee of 15 December 1997 (SCH/Com-ex (97) 32) and of 16 December 1998 (SCH/Com-ex(98)53. Algeria. Article 7 1. part III of Annex 1 to the CCI and part III of Annex 5 of the CM shall be deleted. Bangladesh. Albania. the list in Annex 1. Bhutan. Article 8 This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities. part II of the CCI and of Annex 5. Armenia. 539/2001’. part II of the CM shall be replaced by the list in Annex II to this Regulation. 2. Antigua and Barbuda. the list in Annex 1. part II of the CM shall be replaced by the following: ‘Common list of third countries the nationals of which are exempted from the visa requirement by Regulation (EC) No. the heading of Annex 1. the heading of Annex 1. Angola. Bahamas. shall be replaced by the following: ‘Common list of third countries the nationals of which are subject to the visa requirement imposed by Regulation (EC) No.436 Article 6 This Regulation shall not affect the competence of Member States with regard to the recognition of States and territorial units and passports. part I of the CM shall be replaced by the list in Annex I to this Regulation. part I of the CM. States Afghanistan. Barbados. Bosnia . 4.

36 The visa requirement exemption applies only to holders of a ‘Região AdministrativaEspecial de Macau’ passport. China. Egypt. Ethiopia. Brunei. Liberia. North Korea. Mongolia. Solomon Islands. Botswana. Chad. Laos. Uruguay. Tuvalu. Philippines. Georgia. Mozambique. Qatar. South Korea. Mauritania. Saint Vincent and the Grenadines. Pakistan. Thailand. Burkina Faso. Holy See. Tanzania. Tunisia. Sudan. Trinidad and Tobago. Côte d’Ivoire. Papua New Guinea. United States of America. Kuwait. Salvador. Federal Republic of Yugoslavia (Serbia-Montenegro). Ecuador. Congo. Morocco. The Comoros. Uzbekistan. Singapore. Western Samoa. Australia. Russia. Mali. States Andorra. Mauritius. Turkey. Micronesia. Seychelles. Romania. Syria. Senegal. Surinam. Haiti. Cuba. Brazil. Cape Verde. Kyrgyzstan. Rwanda. Uganda. Colombia. Guinea-Bissau. Togo. Grenada. Sierra Leone. Democratic Republic of the Congo. Monaco. Equatorial Guinea. Malaysia. Panama. Bulgaria. Guatemala. Swaziland. Kazakhstan. Madagascar. Sri Lanka. Canada. Paraguay. Namibia. Marshall Islands. Indonesia. Moldova. Nauru. Guyana.437 and Herzegovina. Tajikistan. Peru. Nigeria. Zambia. Eritrea. Costa Rica. India. East Timor. Ukraine. Libya. Former Yugoslav Republic of Macedonia. Honduras. Cambodi. Saint Kitts and Nevis. New Zealand. São Tomé and Príncipe. Japan. Mexico. Special Administrative Region of the People’s Republic of China Hong Kong SAR35 Macao SAR. Taiwan ANNEX II Common list referred to in Article 1(2) 1. Cameroon. Somalia.36 The visa requirement exemption applies only to holders of a ‘Hong Kong Special Administrative Region’ passport. Israel. Burundi. Burma/Myanma. Dominica. Zimbabwe 2. Argentina. Entities and Territorial Authorities that are not recognized as States by at least one Member State Palestinian Authority. 35 . Vietnam. Gabo. Turkmenistan. Malawi. Maldives. Kiribati. Saudi Arabia. San Marino. United Arab Emirates. Kenya. Guinea. Palau. Iraq. Croatia. Iran. Vanuatu. Tonga. Central African Republic. Niger. Yemen. Jordan. Ghana. Bolivia. Fiji. Chile. Jamaica. Saint Lucia. Oman. Venezuela 2. Lesotho. Nicaragua. Djijbouti. Dominican Republic. Lebanon. South Africa. Gambia. Nepal. Northern Marianas.

(3) Various provisions of Title II.438 VI. and in particular Article 62(2)(a) and (b) and Article 67(1) thereof. (5) Since the Member States have an enhanced role in respect of the development of border policy. (6) Some of those provisions and procedures require confidential treatment in order to prevent risk of abuse. implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders. signed in Schengen on 19 June 1990. COUNCIL REGULATION (EC) NO. the Council reserves the right. established by the Schengen agreements adopted before 1 May 1999. Chapter 2 of the Convention. Chapter 2 of the Convention and in particular Article 8 thereof. Having regard to the opinion of the European Parliament. Whereas: (1) The Common Manual has been established with a view to implementing the provisions of Title II. (4) It is therefore appropriate to set out in a Community act the procedure by which such implementing decisions should be taken. Pursuant to Article 1 of that Protocol. 790/2001 OF 24 APRIL 2001 RESERVING TO THE COUNCIL IMPLEMENTING POWERS WITH REGARD TO CERTAIN DETAILED PROVISIONS AND PRACTICAL PROCEDURES FOR CARRYING OUT BORDER CHECKS AND SURVEILLANCE OJ 2001 L116/5 THE COUNCIL OF THE EUROPEAN UNION Having regard to the Treaty establishing the European Community. to adopt. cooperation in the context of the Schengen acquis is to be conducted within the institutional and legal framework of the European Union and with respect for the relevant provisions of the Treaty on European Union and of the Treaty establishing the European Community.4. provide for implementing decisions to be taken by the Executive Committee. . contained in the Common Manual and the Annexes thereto. during the transitional period of five years referred to in Article 67(1) of the Treaty establishing the European Community. pending a review by the Council of the conditions under which such implementing powers would be conferred on the Commission after the end of this transitional period. amend and update the detailed provisions and practical procedures referred to above by unanimity. hereinafter referred to as ‘the Convention’. Having regard to the initiative of the Portuguese Republic. in particular involving political relations with third countries. reflecting the sensitivity of this area. (2) Certain detailed provisions and practical procedures for carrying out border checks and surveillance at the external borders of Member States participating in the closer cooperation referred to in Article 1 of the Schengen Protocol. must be adopted and regularly amended and updated to meet the operational requirements of the relevant border authorities. pursuant to Article 2 of the Schengen Protocol. for which the Council has now been substituted.

1.1.4.3. and in particular Article 62(2)(a) and Article 67 thereof. 1. 3.3. 37 Amended by Article 3(2) of Council Decision 2004/927/EC of 22 December 2004. 5. or otherwise entitled to obtain access to such information. 6. (9) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community.4. 6.3. 3.10 and 6.4. 1. 1. 3.2.5. 3. 1. 3.2. 3.439 (7) It is also necessary to provide for a procedure whereby the members of the Council and the Commission are informed without delay of all amendments to those Annexes of the Common Manual which consist. 4.11 of the Common Manual as well as Annex 9 thereto.4.4. OJ 2004 L396/45.4. 2.5. 3. amended or updated by an act of the Council.1.3. (8) Those elements of the Common Manual and the Annexes thereto which are not subject to amendment by either of the procedures provided in this Regulation and which do not correspond to any elements of the Common Consular Instructions on Visas for the Diplomatic Missions and Consular Posts (hereinafter ‘Common Consular Instructions’) which may be amended pursuant to the provisions of Regulation (EC) No.1.9. The Council.7. 5.4. and Part II points 1.4. 2.1.4.3.37 at the initiative of one of its members or on a proposal from the Commission.5. .8.3. 6. 1.5.3. the information contained therein shall be made available only to authorities designated by the Member States and to persons duly authorised by each Member State or by the institutions of the European Union.1. 2.1.4.3. 3.4. 2.3.8.2.6. shall amend.3. 5. 3. 3.1.3. 2.2.3.4. 6.2.3. Part I points 1. and which therefore do not fall to be adopted.7. .3. 4.1.4. 6.1. 3. acting by qualified majority.6.5. 3. 3.2.3.4.4.3. Given the fact that this instrument is an act which aims to build upon the Schengen acquis under the provisions of Title IV of the Treaty establishing the European Community. To the extent that such amendments concern confidential provisions and procedures.3.1. 2. 1.1. 6.2. Article 5 of the above mentioned Protocol applies.6. 5. 3. 5. Denmark is not participating in the adoption of this instrument.1.6. 4. and is therefore not bound by it or subject to its application.1. as necessary. 1.2. 6. 789/2001 shall be amended in accordance with the provisions of Title IV of the Treaty establishing the European Community. 2. 3. HAS ADOPTED THIS REGULATION: Article 1 1.3.2.2.2.7.1.1. 1.2. 4.8. 3. in whole or in part. of lists of factual information which must be provided by each Member State in accordance with the rules which it currently applies.1a. 4. 1.

789/2001. It shall transmit these versions to the Member States as necessary. 8a. Article 5 This Regulation shall enter into force on the day of its adoption. 3. Article 3 The Secretariat General of the Council shall be responsible for the preparation of revised versions of the Common Manual and the Annexes thereto. 7. 6b. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community. . 5. 6c. Each Member State shall communicate to the Secretary – General of the Council such amendments as it wishes to make to point 1. 12 and 13 of the Common Manual. 789/2001. 8. in order to incorporate amendments made pursuant to the provisions of Articles 1 and 2 of this Regulation and pursuant to Regulation (EC) No.3. 5a. 6a.2 of Part I and to Annexes 1. 2. Article 4 Amendments to Annexes 4. 14a and 14b of the Common Manual shall be made in accordance with the provisions of Regulation (EC) No. 10. 6.440 Article 2 1. Amendments made pursuant to paragraph 1 shall be deemed to take effect as of the date on which the Secretary-General communicates those amendments to the members of the Council and to the Commission. 2. 11. in respect of those elements of the Common Consular Instructions which correspond to certain Annexes of the Common Manual.

including return of third-country nationals illegally present in the Member States.5. (3) Taking into account the experiences of the External Borders Practitioners’ Common Unit. acting within the Council. (6) Based on a common integrated risk analysis model. Whereas: (1) Community policy in the field of the EU external borders aims at an integrated management ensuring a uniform and high level of control and surveillance. Having regard to the proposal from the Commission. a specialised expert body tasked with improving the coordination of operational cooperation between Member States in the field of external border management should therefore be established in the shape of a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (hereinafter referred to as the Agency). assisting Member States with implementing the operational aspects of external border management. security and justice. the establishment of common rules on standards and procedures for the control of external borders is foreseen. Accordingly. COUNCIL REGULATION (EC) NO. and in particular Articles 62(2)(a) and 66 thereof. Having regard to the opinion of the European Economic and Social Committee. Having regard to the opinion of the European Parliament. (2) The efficient implementation of the common rules calls for increased coordination of the operational cooperation between the Member States. (4) The responsibility for the control and surveillance of external borders lies with the Member States. the Agency should carry out risk analyses in order to provide the Community and the Member States with .441 VI. The Agency should facilitate the application of existing and future Community measures relating to the management of external borders by ensuring the coordination of Member States’ actions in the implementation of those measures. Having regard to the Treaty establishing the European Community. The establishment of the Agency. To this end. which is a necessary corollary to the free movement of persons within the European Union and a fundamental component of an area of freedom. (5) Effective control and surveillance of external borders is a matter of the utmost importance to Member States regardless of their geographical position. 2007/2004 OF 26 OCTOBER 2004 ESTABLISHING A EUROPEAN AGENCY FOR THE MANAGEMENT OF OPERATIONAL COOPERATION AT THE EXTERNAL BORDERS OF THE MEMBER STATES OF THE EUROPEAN UNION OJ 2004 L349/1 THE COUNCIL OF THE EUROPEAN UNION. there is a need for promoting solidarity between Member States in the field of external border management. constitutes an important step in this direction.

This Board . which have been set up by Member States. where possible. (10) The Agency should also support Member States in circumstances requiring increased technical and operational assistance at external borders. The Board should. (13) Building upon the experiences of the External Borders Practitioners’ Common Unit and the operational and training centres specialised in the different aspects of control and surveillance of land. (9) The Agency should manage lists of technical equipment provided by the Member States. (11) In most Member States. The Agency should facilitate the operational cooperation between Member States and third countries in the framework of the external relations policy of the European Union. the Agency may cooperate with Europol. subject to the Community return policy. air and maritime borders respectively. administrative and financial autonomy. the competent authorities of third countries and the international organisations competent in matters covered by this Regulation in the framework of working arrangements concluded in accordance with the relevant provisions of the Treaty. thereby contributing to the “pooling” of material resources. air and maritime borders. The Agency may organise training activities in cooperation with Member States on their territory. (12) For the purpose of fulfilling its mission and to the extent required for the accomplishment of its tasks. the operational aspects of return of third-country nationals illegally present in the Member States fall within the competencies of the authorities responsible for controlling external borders. consist of the operational heads of the national services responsible for border guard management or their representatives. As there is a clear added value in performing these tasks at European level. (14) The Agency should be independent as regards technical matters and have legal. (8) The Agency should follow up on the developments in scientific research relevant for its field and disseminate this information to the Commission and to the Member States. (15) The Commission and the Member States should be represented within a Management Board in order to control effectively the functions of the Agency.442 adequate information to allow for appropriate measures to be taken or to tackle identified threats and risks with a view to improving the integrated management of external borders. (7) The Agency should provide training at European level for national instructors of border guards and additional training and seminars related to control and surveillance at external borders and removal of third-country nationals illegally present in the Member States for officers of the competent national services. it is necessary and appropriate that it should be a Community body having legal personality and exercising the implementing powers. To that end. which are conferred upon it by this Regulation. accordingly provide the necessary assistance for organising joint return operations of Member States and identify best practices on the acquisition of travel documents and the removal of third-country nationals illegally present in the territories of the Member States. the Agency should. the Agency may itself create specialised branches responsible for dealing with land.

cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level. Close coordination between the Agency and these institutions should be guaranteed. 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament. The auditing of accounts should be undertaken by the Court of Auditors. (16) In order to guarantee the full autonomy and independence of the Agency. application and development of the Schengen acquis. in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. in particular the Council. 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data applies to the processing of personal data by the Agency. verify its execution. (23) As regards Iceland and Norway. which should accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament. In accordance with the principle of proportionality.443 should be entrusted with the necessary powers to establish the budget. (21) Since the objectives of this Regulation. adopt the appropriate financial rules. this Regulation does not go beyond what is necessary in order to achieve those objectives. (17) Regulation (EC) No. this Regulation constitutes a development of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation. Council and Commission documents should apply to the Agency. establish transparent working procedures for decision making by the Agency and appoint the Executive Director and his/her deputy. (19) Regulation (EC) No. The Community budgetary procedure should be applicable as far as the Community contribution and any other subsidies chargeable to the general budget of the European Union are concerned. 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European AntiFraud Office (OLAF) should apply without restriction to the Agency. it should be granted an autonomous budget whose revenue comes essentially from a contribution from the Community. the Community may adopt measures. which fall within the area . (18) Regulation (EC) No. (22) This Regulation respects the fundamental rights and observes the principles recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union. as set out in that Article. the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-Fraud Office (OLAF). namely the need for creating an integrated management of operational cooperation at the external borders of the Member States of the European Union. (20) The development of the policy and legislation on external border control and surveillance remains a responsibility of the EU institutions.

(29) The suspension of the applicability of this Regulation to the borders of Gibraltar does not imply any change in the respective positions of the States concerned. representatives of Ireland and the United Kingdom should be invited to attend all the meetings of the Management Board in order to allow them to participate fully in the deliberations for the preparation of such operational actions. or subject to its application. In order to determine the further modalities allowing for the full participation of the Republic of Iceland and the Kingdom of Norway in the activities of the Agency. (25) This Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part. (24) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community. a further arrangement should be concluded between the Community and these States. decide within a period of six months after the Council has adopted this Regulation whether it will implement it in its national law or not. Denmark is not taking part in the adoption of this Regulation and is not bound by it. (27) The Agency should facilitate the organisation of operational actions in which the Member States may avail themselves of the expertise and facilities which Ireland and the United Kingdom may be willing to offer. (28) A controversy exists between the Kingdom of Spain and the United Kingdom on the demarcation of the borders of Gibraltar. delegations of the Republic of Iceland and the Kingdom of Norway should participate as members of the Management Board of the Agency. To that end. The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application. in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis.444 referred to in Article 1. Given that this Regulation builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community. (26) This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part. Consequently. Denmark should. in accordance with modalities to be decided on a case-by-case basis by the Management Board. point A of Council Decision 1999/437/EC on certain arrangements for the application of that Agreement. in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis. Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application. albeit with limited voting rights. HAS ADOPTED THIS REGULATION: . in accordance with Article 5 of the said Protocol.

(d) follow up on the development of research relevant for the control and surveillance of external borders. including the establishment of common training standards. A European Agency for the Management of Operational Cooperation at the External Borders (the Agency) is hereby established with a view to improving the integrated management of the external borders of the Member States of the European Union. (c) carry out risk analyses. (f ) provide Member States with the necessary support in organising joint return operations. references to the external borders of the Member States shall mean the land and sea borders of the Member States and their airports and seaports. While considering that the responsibility for the control and surveillance of external borders lies with the Member States. CHAPTER II: TASKS ARTICLE 2 Main tasks 1. (e) assist Member States in circumstances requiring increased technical and operational assistance at external borders. 4. . (b) assist Member States on training of national border guards.445 CHAPTER I: SUBJECT MATTER Article 1 Establishment of the Agency 1. the Agency shall facilitate and render more effective the application of existing and future Community measures relating to the management of external borders. For the purposes of this Regulation. high and uniform level of control on persons and surveillance of the external borders of the Member States. The Agency shall perform the following tasks: (a) coordinate operational cooperation between Member States in the field of management of external borders. It shall do so by ensuring the coordination of Member States’ actions in the implementation of those measures. to which the provisions of Community law on the crossing of external borders by persons apply. 3. 2. thereby contributing to an efficient. The Agency shall also provide the Commission and the Member States with the necessary technical support and expertise in the management of the external borders and promote solidarity between Member States.

The Agency may itself. The Agency shall evaluate the results of the joint operations and pilot projects and make a comprehensive comparative analysis of those results with a view to enhancing the quality. 4. and in agreement with the Member State(s) concerned. Member States may continue cooperation at an operational level with other Member States and/or third countries at external borders. launch initiatives for joint operations and pilot projects in cooperation with Member States. It shall prepare both general and tailored risk analyses to be submitted to the Council and the Commission. approve and coordinate proposals for joint operations and pilot projects made by Member States. It may also decide to put its technical equipment at the disposal of Member States participating in the joint operations or pilot projects. with grants from its budget in accordance with the financial rules applicable to the Agency. 2. The Agency may operate through its specialised branches provided for in Article 16. Member States shall refrain from any activity which could jeopardise the functioning of the Agency or the attainment of its objectives. coherence and efficiency of future operations and projects to be included in its general report provided for in Article 20(2)(b). Without prejudice to the competencies of the Agency. . where such cooperation complements the action of the Agency. 3. The Agency shall evaluate.446 2. The Agency shall incorporate the results of a common integrated risk analysis model in its development of the common core curriculum for border guards’ training referred to in Article 5. ARTICLE 4 Risk analysis The Agency shall develop and apply a common integrated risk analysis model. Member States shall report to the Agency on these operational matters at the external borders outside the framework of the Agency. ARTICLE 3 Joint operations and pilot projects at external borders 1. for the practical organisation of joint operations and pilot projects. The Agency may decide to co-finance the operations and projects referred to in paragraph 1.

which they. are willing to put at the disposal of that Member State for a temporary period following a needs and risks analysis carried out by the Agency. 2. ARTICLE 8 Support to Member States in circumstances requiring increased technical and operational assistance at external borders 1.447 ARTICLE 5 Training The Agency shall establish and further develop a common core curriculum for border guards’ training and provide training at European level for instructors of the national border guards of Member States. ARTICLE 6 Follow-up to research The Agency shall follow up on the developments in research relevant for the control and surveillance of external borders and disseminate this information to the Commission and the Member States. The Agency shall also offer additional training courses and seminars on subjects related to the control and surveillance of the external borders and return of third country nationals for officers of the competent national services of Member States. The Agency can organise the appropriate technical and operational assistance for the requesting Member State(s). ARTICLE 7 Management of technical equipment The Agency shall set up and keep centralised records of technical equipment for control and surveillance of external borders belonging to Member States. Without prejudice to Article 64(2) of the Treaty. one or more Member States confronted with circumstances requiring increased technical and operational assistance when implementing their obligations with regard to control and surveillance of external borders may request the Agency for assistance. Under the circumstances referred to in paragraph 1. on a voluntary basis and upon request from another Member State. The Agency may organise training activities in cooperation with Member States on their territory. the Agency can: .

The Agency may use Community financial means available in the field of return. The Agency shall identify best practices on the acquisition of travel documents and the removal of illegally present third-country nationals. Support to be provided by the Agency pursuant to Article 2(1)(f ) shall cover the organisation of joint return operations of Member States in which Ireland or the United Kingdom. The Agency shall facilitate operational cooperation of the Member States with Ireland and the United Kingdom in matters covered by its activities and to the extent required for the fulfilment of its tasks set out in Article 2(1). ARTICLE 12 Cooperation with Ireland and the United Kingdom 1. also participate.448 (a) assist on matters of coordination between two or more Member States with a view to tackling the problems encountered at external borders. ARTICLE 10 Exercise of executive powers Exercise of executive powers by the Agency’s staff and the Member States’ experts acting on the territory of another Member State shall be s