European Convention on Offences Relating to Cultural Property 3

European Convention on Offences Relating to Cultural Property

 

Part VI

Final clauses

Article 20

This Convention shall be open for signature by the member States of the
Council of Europe. It is subject to ratification, acceptance or
approval. Instruments of ratification, acceptance or approval shall be
deposited with the Secretary General of the Council of Europe.

Article 21

1. This Convention shall enter into force on the first day of the month
following the expiration of a period of one month after the date on which
three member States of the Council of Europe have expressed their consent
to be bound by the Convention in accordance with the provisions of
Article 20.

2. In respect of any member State which subsequently expresses its
consent to be bound by it the Convention shall enter into force on the
first day of the month following the expiration of a period of one month
after the date of the deposit of the instrument of ratification,
acceptance or approval.

Article 22

1. After the entry into force of this Convention, the Committee of
Ministers of the Council of Europe may invite any State not a member of
the Council to accede to this Convention, by a decision taken by the
majority provided for in Article 20.d of the Statute of the Council of
Europe and by the unanimous vote of the representatives of the
Contracting States entitled to sit on the Committee.

2. In respect of any acceding State, the Convention shall enter into
force on the first day of the month following the expiration of a period
of one month after the date of deposit of the instrument of accession
with the Secretary General of the Council of Europe.

Article 23

No Party is bound to apply this Convention to the offences relating to
cultural property committed before the date of entry into force of the
Convention in respect of that Party.

Article 24

1. Any State may at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession, specify
the territory or territories to which this Convention shall apply.

2. Any State may at any later date, by a declaration addressed to the
Secretary General of the Council of Europe, extend the application of
this Convention to any other territory specified in the declaration. In
respect of such territory the Convention shall enter into force on the
first day of the month following the expiration of a period of one month
after the date of receipt of such declaration by the Secretary General.

3. Any declaration made under the two preceding paragraphs may, in
respect of any territory specified in such declaration, be withdrawn by a
notification addressed to the Secretary General. The withdrawal shall
become effective on the first day of the month following the expiration
of a period of six months after the date of receipt of such notification
by the Secretary General.

Article 25

The following provisions shall apply to those States Parties to this
Convention which have a federal or non-unitary constitutional system :

a. with regard to the provisions of this Convention, the
implementation of which comes under the legal jurisdiction of the
federal or central legislative power, the obligations of the
federal or central government shall be the same as for those States
Parties which are not federal or non-unitary States;

b. with regard to the provisions of this Convention, the
implementation of which comes under the legal jurisdiction of
individual constituent States, countries, provinces or cantons that
are not obliged by the constitutional system of the federation to
take legislative measures, the federal government shall inform the
competent authorities of such States, countries, provinces or
cantons of the said provisions with its favourable opinion.

Article 26

In no case may a Party claim application of this Convention by another
Party save in so far as it would itself apply this Convention in similar
cases.

Article 27

Any Party may decide not to apply the provisions of Articles 7 and 8
either where the request is in respect of offences that it regards as
political or where it considers that the application is likely to
prejudice its sovereignty, security or “ordre public”.

Article 28

1. Any State may, at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession, declare
that it avails itself of the right not to apply any one or more
provisions of Articles 8, paragraph 3, 10, 13 and 18. No other
reservation may be made.

2. Any State which has made a reservation shall withdraw it as soon as
circumstances permit. Such withdrawal shall be made by notification to
the Secretary General of the Council of Europe.

Article 29

1. Any Contracting State may, at any time, by declaration addressed to
the Secretary General of the Council of Europe, set out the legal
provisions to be included in Appendix I to this Convention.

2. Any change of the national provisions listed in Appendix I shall be
notified to the Secretary General of the Council of Europe if such a
change renders the information in this Appendix incorrect.

3. Any changes made in Appendix I in application of the preceding
paragraphs shall take effect in each Party on the first day of the month
following the expiration of a period of one month after the date of their
notification by the Secretary General of the Council of Europe.

Article 30

The declarations provided for in Articles 2 and 3 shall be addressed to
the Secretary General of the Council of Europe. They shall become
effective in respect of each Party on the first day of the month
following the expiration of a period of one month after the date of their
notification by the Secretary General of the Council of Europe.

Article 31

The European Committee on Crime Problems of the Council of Europe shall
follow the application of this Convention and shall do whatever is needed
to facilitate a friendly settlement of any difficulty which may arise out
of its execution.

Article 32

1. The European Committee on Crime Problems may formulate and submit to
the Committee of Ministers of the Council of Europe proposals designed to
alter the contents of Appendices II and III or their paragraphs.

2. Any proposal submitted in accordance with the provisions of the
preceding paragraph shall be examined by the Committee of Ministers
which, by a decision taken by the majority provided for in Article 20.d
of the Statute of the Council of Europe and by the unanimous vote of the
representatives of the Contracting States entitled to sit on the
Committee, may approve it and instruct the Secretary General of the
Council of Europe to notify the Contracting States thereof.

3. Any alteration approved in accordance with the provisions of the
preceding paragraph shall enter into force on the first day of the month
following the expiration of a period of six months after the date of
despatch of the notification provided for in that paragraph unless a
Contracting State notifies an objection to the entry into force. In the
event of such an objection being made, the alteration will only enter
into force if the objection is subsequently lifted.

Article 33

1. The notifications and information provided for in Article 7 shall be
exchanged between the competent authorities of the Parties. However,
they may be sent through the International Criminal Police Organisation
— Interpol.

2. The requests provided for in this Convention and any communication
made under the provisions of Part V, Section III, shall be addressed by
the competent authority of a Party to the competent authority of another
Party.

3. Any Contracting State may, by a declaration addressed to the
Secretary General of the Council of Europe, designate which authorities
will be its competent authorities within the meaning of this Article.
Where such declaration is not made the Ministry of Justice of the State
in question will be deemed to be its competent authority.

Article 34

1. Nothing in this Convention shall prejudice the application of the
provisions of any other international Treaties or conventions in force
between two or more Parties on the matters dealt with in this Convention
provided that the said provisions are more compelling with respect to the
duty to restitute cultural property affected by an offence.

2. The Parties may not conclude bilateral or multilateral agreements
with one another on the matters dealt with in this Convention, except in
order to supplement its provisions or facilitate the application of the
principles embodied in it.

3. However, if two or more Parties have already established their
relations in this matter on the basis of uniform legislation, or
instituted a special system of their own, or should they in the future do
so, they shall be entitled to regulate those relations accordingly,
notwithstanding the terms of this Convention.

4. Parties ceasing to apply the terms of this Convention to their mutual
relations in accordance with the provisions of the preceding paragraph
shall notify the Secretary General of the Council of Europe to that
effect.

Article 35

1. Any Party may at any time denounce this Convention by means of a
notification addressed to the Secretary General of the Council of Europe.

2. Such denunciation shall become effective on the first day of the
month following the expiration of a period of six months after the date
of receipt of the notification by the Secretary General.

Article 36

The Secretary General of the Council of Europe shall notify the member
States of the Council and any State which has acceded to this Convention
of:

a. any signature;

b. the deposit of any instrument of ratification, acceptance, approval
or accession;

c. any date of entry into force of the Convention in accordance with
Articles 21 and 22;

d. any other act, notification or communication relating to this
Convention.

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

Done at Delphi this 23rd day of June 1985, in English and French, both
texts being equally authentic, in a single copy which shall be deposited
in the archives of the Council of Europe. The Secretary General of the
Council of Europe shall transmit certified copies to each member State of
the Council of Europe.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Treaties.


Posted

in

, ,

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *