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Law Approving The Convention On The Recognition Of Qualifications Concerning Higher Education In The European Region, Made In Lisbon On 11 April 1997 (1) (2)

Original Language Title: Loi portant assentiment à la Convention sur la reconnaissance des qualifications relatives à l'enseignement supérieur dans la Région européenne, faite à Lisbonne le 11 avril 1997 (1) (2)

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belgiquelex.be - Carrefour Bank of Legislation

10 JULY 2008. - Act enacting the Convention on the Recognition of Qualifications relating to Higher Education in the European Region, made in Lisbon on 11 April 1997 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention on the Recognition of Qualifications of Higher Education in the European Region, held in Lisbon on 11 April 1997, will come out of its full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 July 2008.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of the Interior,
P. DEWAEL
Minister of Economy, Independents and Agriculture,
Mrs. S. LARUELLE.
Seal of the state seal:
Minister of Justice,
J. VANDEURZEN
____
Notes
(1) Session 2007-2008.
Senate.
Documents
Bill tabled on 13 February 2008, No. 4-563/1.
Report, No. 4-563/2.
Annales parlementaire
Discussion, meeting of 10 April 2008.
Vote, meeting of 10 April 2008.
House of Representatives.
Documents
Project transmitted by the Senate, No. 52-1057/1.
Text adopted in plenary and submitted to Royal Assent No. 52-1057/2.
Annales parlementaire
Discussion, meeting of May 15, 2008.
Vote, meeting of 15 May 2008.
(2) See decree of the Flemish Community of 15 December 2006 (Moniteur belge of 18 January 2007), decree of the French Community of 19 July 2007 (Moniteur belge of 16 August 2007), decree of the German-speaking Community of 25 May 2009 (Moniteur belge du 24 juillet 2009).
Convention on the Recognition of Qualifications for Superior Education in the European Region
The Parties to this Convention,
Aware of the fact that the right to education is a human right and that higher education, which plays an eminent role in the acquisition and advancement of knowledge, constitutes an exceptional cultural and scientific wealth, both for individuals and for society;
Considering that higher education should play an essential role in promoting peace, mutual understanding and tolerance, and that it contributes to the creation of mutual trust between peoples and nations;
Considering that the wide variety of teaching systems in the European region reflects its cultural, social, political, philosophical, religious and economic diversity and therefore represents an exceptional wealth that must be fully respected;
Desirous of allowing all inhabitants of the region to fully benefit from the richness of this diversity by facilitating the access of the inhabitants of each State and of the students of the educational institutions of each Party to the educational resources of the other Parties, and in particular by permitting them to continue their training or to undertake a period of study in the higher education institutions of those other Parties;
Considering that recognition of studies, certificates, diplomas and titles obtained in another country in the European region is an important step in promoting academic mobility among Parties;
Acknowledging the importance of the principle of autonomy of institutions, and recognizing the need to safeguard and protect this principle;
Convinced that equitable recognition of qualifications is a key element of the right to education and a responsibility of society;
With regard to the Council of Europe and UNESCO Conventions on Academic Recognition in Europe:
-European Convention on the Equivalence of Diplomas giving access to academic institutions (1953, STE No. 15) and its Additional Protocol (1964, STE No. 49);
- European Convention on Equivalence of Academic Periods (1956, STE No. 21);
- European Convention on Academic Recognition of Academic Qualifications (1959, STE No. 32);
- Convention on the Recognition of Studies and Diplomas in the States of the Region of Europe (1979);
- European Convention on the General Equivalence of Academic Periods (1990, STE No. 138);
With regard, also, to the International Convention on the Recognition of Studies, Diplomas and Degrees of Higher Education in the Arab States and European States bordering the Mediterranean (1976), adopted within the framework of UNESCO and partially covering academic recognition in Europe;
Recalling that this Convention must also be considered in the context of the Conventions and the UNESCO International Recommendation covering other regions of the world, and that it is necessary to improve the exchange of information between those Regions;
Aware of the profound evolution of higher education in the European region since these Conventions were adopted, resulting in increased diversification both within and among national higher education systems, as well as the need to adapt legal instruments and practices to reflect this development;
Recognizing the need to find common solutions to the practical problems posed by recognition in the European region;
Aware of the need to improve current recognition practices, to make them more transparent and better suited to the current state of higher education in the European region;
Convinced of the scope of a Convention developed and adopted under the joint auspices of the Council of Europe and UNESCO, creating a framework for the future development of recognition practices in the European region;
Aware of the importance of establishing permanent implementation mechanisms with a view to implementing the principles and provisions of this Convention,
The following agreed:
Section Ire. - Definitions
Article Ier
For the purposes of this Convention, the following terms will have the following meaning:
Access (to higher education)
The right of qualified candidates to apply and be considered to be admitted to higher education.
Admission (to higher education institutions and programs)
The act or system for qualified candidates to attend studies in a specific institution and/or a specified higher education program.
Evaluation (institutions and programmes)
The process for establishing the quality of teaching of a higher education institution or program.
Evaluation (individual qualifications)
Written assessment by a competent body of foreign qualifications of an individual.
Competent recognition authority
An official body responsible for establishing binding decisions for recognition of foreign qualifications.
Higher education
All types of education cycles or sets of research, training or training courses, from post-secondary level, recognized by the relevant authorities of a Party as part of its higher education system.
Higher education institution
Establishment providing higher education and recognized by the competent authority of a Party as part of its higher education system.
Higher education program
Study cycle recognized by the competent authority of a Party as part of its higher education system and whose success provides the student with a higher education qualification.
Study period
Any part of a higher education program, which has been evaluated and validated and which, although not a full curriculum in itself, represents a significant achievement of knowledge and aptitudes.
Qualification
A. Qualification of higher education
Any degree, diploma, other certificate or other title issued by a competent authority attesting to the success of a higher education program.
B. Qualification giving access to higher education
Any diploma or other certificate issued by a competent authority attesting to the success of a teaching program and giving the holder the right to be taken into account in order to enter higher education (see the definition of access).
Recognition
Attestation, established by a competent authority, of the value of a foreign education qualification, for the purpose of accessing teaching and/or employment activities.
Requirements
A. General conditions
Conditions that must be fulfilled, in all cases, for access to higher education, access to a specific level of this teaching, or for the issuance of a higher education qualification of a specified level.
B. Specific conditions
Conditions that must be met, in addition to the general conditions, in order to obtain admission to a particular higher education program or the issuance of a specific qualification of higher education in a particular discipline of study.
Section II. - Jurisdiction of the authorities
Article II.1
1. Where the central authorities of a Party are competent to decide questions of recognition, that Party shall be immediately bound by the provisions of this Convention and shall take the necessary measures to ensure the application of its provisions in its territory.
When it is entities that make up the Party that have jurisdiction to decide on matters of recognition, the Party shall provide to one of the depositaries a brief report on its status or constitutional structure, at the time of signature or when depositing its instruments of ratification, acceptance, approval or accession, or at any other time thereafter. In such cases, the competent authorities of the entities comprising the Parties concerned shall take the necessary measures to ensure the application of the provisions of this Convention in their territory.
2. Where higher education institutions or other entities are competent to decide individually on matters of recognition, each Party, depending on its situation or constitutional structure, shall communicate the text of this Convention to such institutions or entities and shall take all possible measures to encourage them to examine it and apply it with kindness.
3. The provisions of paragraphs 1er and 2 of this Article shall apply mutatis mutandis to the obligations of the Parties under the following Articles of this Convention.
Article II.2
At the time of signature or deposit of its instrument of ratification, acceptance, approval or accession, or at any other time thereafter, each State, the Holy See, the European Community shall indicate to one of the depositaries of this Convention, the competent authorities to take the various types of decisions in respect of recognition.
Article II.3
Nothing in this Convention shall be deemed to be derogating from or resulting from the more favourable provisions relating to the recognition of qualifications granted in any of the Parties, which would be contained in an existing or future treaty, and of which a Party to this Convention would or may become a party.
Section III. - Basic Principles for Qualification Assessment
Article III.1
1. Qualification holders issued in one of the Parties shall have adequate access, upon request to the competent body, to the assessment of these qualifications.
2. In this regard, no distinction is made on the basis of, inter alia, gender, race, colour, disability, language, religion, political opinions or any other opinion, the national, ethnic or social origin of the applicants, belonging to a national minority, wealth, birth or other status, or any other circumstance without regard to the value of the qualification whose recognition has been sought. In order to ensure this right, each Party undertakes to take the necessary steps to assess any application for recognition of qualifications, taking into account the knowledge and skills acquired.
Article III.2
Each Party shall ensure that the procedures and criteria used in the assessment and recognition of qualifications are transparent, consistent and reliable.
Article III.3
1. Recognition decisions are made on the basis of relevant information relating to the qualifications requested for recognition.
2. The responsibility to provide the necessary information is, in the first instance, the applicant who must provide it in good faith.
3 Notwithstanding the applicant ' s responsibility, at the request of the applicant, the establishments that have issued the qualifications in question have the duty to provide the applicant, as well as the competent institution or authorities of the country where recognition is requested, relevant information within the limits of reasonableness.
4. The Parties shall give instruction to all educational institutions within their educational system to respond to any reasonable request for information made for the purpose of assessing the qualifications obtained in such institutions, or, where appropriate, encourage institutions to do so.
5. It is up to the assessment body to demonstrate that an application does not meet the requirements.
Article III.4
In order to facilitate recognition of qualifications, each Party shall ensure that necessary and clear information is provided on its teaching system.
Article III.5
Recognition decisions shall be made within a reasonable time, specified in advance by the competent authority in respect of recognition, from the time when all the information required for the examination of the application has been provided. In the event of a negative decision, the reasons for the refusal are set out and the applicant is informed of the measures that it may take to obtain recognition at a later time. In the event of a negative decision or absence of a decision, the applicant must be able to appeal the decision within a reasonable period of time.
Section IV. - Recognition of qualifications giving access to higher education
Article IV.1
Each Party shall recognize, for the purposes of access to programmes under its higher education system, the qualifications granted by other Parties and which meet, in these Parties, the general conditions of access to higher education, unless it is not demonstrated that there is a substantial difference between the general conditions of access in the Party in which the qualification was obtained and in the Party in which recognition of qualification is requested.
Article IV.2
Alternatively, it is sufficient for a Party to allow the holder of a qualification issued in one of the other Parties to obtain an assessment of that qualification, at the request of the licensee, and the provisions of Article IV.1 apply mutatis mutandis to such a case.
Article IV.3
Where a qualification gives access only to certain types of establishments or specific higher education programs in the Party in which it was obtained, any other Party shall ensure that holders of such a qualification have access to similar specific programmes in institutions under its higher education system, unless a substantial difference exists between the conditions of access in the Party in which the qualification was obtained and the conditions of recognition is obtained.
Article IV.4
Where admission to specific higher education programs depends on specific conditions, in addition to the general terms and conditions of access, the competent authorities of the Party concerned may impose these same additional conditions on the qualified holders obtained in other Parties or assess whether applicants with qualifications obtained in other Parties meet equivalent conditions.
Article IV.5
Where, in the Party in which they have been obtained, secondary school certificates provide access to higher education only when accompanied by certificates of success of complementary examinations, as a prerequisite for access, other Parties may condition access to the same requirements or offer an alternative to meet the requirements, complementary within their own teaching system. Any State, the Holy See, the European Community, at the time of signature or at the time of deposit of their instrument of ratification, acceptance, approval or accession, or at any time thereafter, may declare to one of the depositaries to make use of the provisions of this Article, indicating the Parties with respect to which they intend to apply this Article, as well as the reasons for that measure.
Article IV.6
Without prejudice to the provisions of Articles IV.1, IV.2, IV.3, IV.4 and IV.5, admission to a specified higher education institution or to a specified programme of that institution may be limited or selective. In cases where admission to an institution and/or a higher education program is selective, admission procedures must be designed so that the assessment of foreign qualifications is conducted in accordance with the principles of fairness and non-discrimination described in section III.
Article IV.7
Without prejudice to the provisions of Articles IV.1, IV.2, IV.3, IV.4 and IV.5, admission to a specified higher education institution may be subject to evidence that the applicant has sufficient knowledge of the language, or the language of instruction of the institution concerned or other specified languages.
Article IV.8
In Parties in which access to higher education can be obtained on the basis of non-traditional qualifications, similar qualifications obtained in other Parties are assessed in the same manner as non-traditional qualifications obtained in the Party in which recognition is sought.
Article IV.9
For the purpose of admission to higher education programmes, each Party may state that recognition of qualifications from a foreign educational institution located in its territory is subject to specific conditions of national legislation, or to specific agreements with the Party of origin of that institution.
Section V. - Recognition of Study Periods
Article V.1
Each Party acknowledges the periods of study carried out in a higher education programme in another Party. This recognition includes such periods of study for the completion of a higher education programme in the Party in which recognition is requested, unless there is a substantial difference between the periods of study carried out in another Party and the portion of the higher education programme that they would replace in the Party in which recognition is requested.
Article V.2
Alternatively, it is sufficient that a Party shall allow a person who has completed a period of study within the framework of a higher education programme of another Party to obtain an assessment of that period of study, at the request of the person concerned, and the provisions of Article V.1 shall apply, mutatis mutandis, to such a case.
Article V.3
In particular, each Party facilitates recognition of study periods when:
a. prior agreement was reached between, on the one hand, the institution of higher education or the competent authority responsible for the period of study and, on the other, the institution of higher education or the competent authority responsible for the recognition requested; and
b. the higher education institution where the period of study was completed issued a certificate or transcript attesting that the student has met the requirements for that period of study.
Section VI. - Recognition of higher education qualifications
Article VI.1
To the extent that a recognition decision is based on knowledge and know-how certified by a higher education qualification, each Party shall recognize the higher education qualifications conferred in another Party, unless a substantial difference exists between the qualification for which recognition is sought and the corresponding qualification in the Party in which recognition is sought.
Article VI.2
Alternatively, it is sufficient for a Party to allow the holder of a higher education qualification issued in one of the other Parties to obtain an assessment of that qualification, at the request of the licensee, and the provisions of Article VI.1 apply, mutatis mutandis, to such a case.
Article VI.3
The recognition by a Party of a higher education qualification issued by another Party entails the following two consequences, or one of them:
a. access to complementary higher education studies, including examinations, and/or doctoral preparations, under the same conditions as those applicable to qualified holders of the Party in which recognition is requested;
b. the use of an academic title, subject to the laws or regulations of the Party, or a jurisdiction of the party, in which recognition is sought.
In addition, recognition may facilitate access to the labour market, subject to the laws and regulations of the Party, or a jurisdiction of the Party, in which recognition is sought.
Article VI.4
The assessment by a Party of a higher education qualification issued in another Party may take either of the following forms:
a. notices provided for employment purposes;
b. notifications to an educational institution for admission to its programs,
c. notices to any other competent authority in respect of recognition.
Article VI.5
Each Party may, with respect to the recognition of higher education qualifications issued by a higher education institution located in its territory, subject this recognition to specific conditions of national legislation or to specific agreements with the Party of origin of that institution.
Section VII. - Recognition of the qualifications of refugees, displaced persons and refugees
Article VII
Each Party shall take all possible and reasonable measures within the framework of its educational system, in accordance with its constitutional, legal and administrative provisions, to develop appropriate procedures for the fair and effective assessment of refugees, internally displaced persons and persons as refugees, meet the requirements for access to higher education, the continuation of additional higher education programmes or the performance of a professional activity, even where qualifications
Section VIII. - Evaluation of higher education institutions and programs
Article VIII.1
Each Party shall provide the necessary information on any institution within its higher education system and on any programme organized by these institutions, with a view to enabling the competent authorities of other Parties to verify whether the quality of the qualifications granted by these institutions warrants recognition in the Party in which recognition is sought. Such information is as follows:
a. in the case of Parties that have established an official system for the evaluation of higher education institutions and programmes: information on the methods and results of this evaluation and on the quality standards specific to each type of higher education institution that provides higher education qualifications and the programs that conduct it;
b. in the case of Parties that have not established an official system for the evaluation of higher education institutions and programmes: information on the recognition of the different qualifications obtained in any institution or through any programme under their higher education system.
Article VIII.2
Each Party shall make the necessary arrangements to establish, maintain and disseminate:
a. a typology of the different types of higher education institutions under its higher education system, including the specific characteristics of each type of institution;
b. a list of institutions (public and private) recognized as under its higher education system, indicating their ability to issue different types of qualifications and the conditions required for access to each type of institution and program;
c. a description of higher education programs;
d. a list of educational institutions located outside its territory and that it considers to be within its teaching system.
Section IX. - Recognition information
Article IX.1
In order to facilitate recognition of higher education qualifications, Parties are committed to establishing transparent systems for a complete description of the qualifications awarded.
Article IX.2
1. Acknowledging the need for appropriate, accurate and updated information, each Party shall establish or maintain a national information centre and notify, to one of the depositaries, such creation or any modification thereof.
2. In each Party, the National Information Centre:
a. facilitates access to accurate and reliable information on the higher education system and the qualifications of the country in which it is located;
b. facilitates access to information on higher education systems and qualifications of other Parties;
c. provides advice or information on recognition and assessment of qualifications, in accordance with national laws and regulations.
3. Each national information centre must have at its disposal the necessary means to enable it to perform its functions.
Article IX.3
Parties shall encourage, through national information centres or through other means, the use, by the higher education institutions of the Parties, of the UNESCO/Council Diploma Supplement or any other comparable document.
Section X. - Implementation mechanisms
Article X.1
The following bodies monitor, promote and facilitate the implementation of the Convention:
a. the Committee of the Convention on the Recognition of Qualifications of Higher Education in the European Region;
b. the European Network of National Information Centres on Academic Recognition and Mobility (the ENIC network created by decision of the Committee of Ministers of the Council of Europe on 9 June 1994 and the UNESCO Regional Committee for Europe on 18 June 1994.
Article X.2
1. The Committee of the Convention on the Recognition of Qualifications of Higher Education in the European Region (hereinafter referred to as "The Committee") is established by this Convention. It is composed of a representative of each Party.
2. For the purposes of Article X.2, the term "Party" does not apply to the European Community.
3. The States referred to in Article XI.1.1 and the Holy See, if they are not Parties to this Convention, the European Community and the Chairman of the ENIC Network may participate in meetings of the Committee as observers. Representatives of governmental or non-governmental organizations active in the area of recognition at the regional level may also be invited to attend Committee meetings as observers.
4. The Chair of the UNESCO Regional Committee for the Implementation of the Convention on the Recognition of Studies and Diplomas relating to Higher Education in the States belonging to the European Region will also be invited to participate in Committee meetings as an observer.
5. The Committee promotes the application of this Convention and monitors its implementation. To this end, it may adopt, by a majority of the Parties, recommendations, declarations, protocols and codes of good practice, to assist the competent authorities of the Parties in the implementation of the Convention and in the examination of requests for recognition of higher education qualifications. While they are not bound by such texts, Parties shall make every effort to implement them, submit them to the attention of the competent authorities and encourage their implementation. The Committee requests the opinion of the ENIC Network before making its decisions.
6. The Committee reports to the relevant bodies of the Council of Europe and UNESCO.
7. The Committee provides liaison with the UNESCO Regional Committees for the Implementation of the Conventions on the Recognition of Studies, Diplomas and Graduates of Higher Education adopted under the auspices of UNESCO.
8. The quorum is reached when the majority of the Parties are present.
9. The Committee adopted its rules of procedure. It meets in regular session at least every three years. The Committee shall meet for the first time within one year of the entry into force of this Convention.
10. The Committee Secretariat is jointly entrusted to the Secretary General of the Council of Europe and to the Director General of UNESCO.
Article X.3
1. Each Party shall designate as a member of the European Network of National Information Centres on Academic Mobility and Recognition (ENIC Network) the national information centre established or maintained in the Party under Article IX.2. In the case that more than one national information centre is established or maintained in a Party under Article IX.2, all these centres are members of the Network, but the national information centres concerned have only one voice.
2. The ENIC network, in its limited composition to the national information centres of the Parties to this Convention, supports and assists in the practical implementation of the Convention by the competent national authorities. The Network meets at least once a year in plenary session. It shall elect its President and Bureau in accordance with its mandate.
3. The ENIC Network Secretariat is jointly entrusted to the Secretary General of the Council of Europe and to the Director General of UNESCO.
4. The Parties shall cooperate, through the ENIC Network, with the national information centres of the other Parties, by allowing them, inter alia, to collect any information relevant to the implementation of the activities of national information centres relating to academic recognition and mobility.
Section XI. - Final clauses
Article XI.1
1. This Convention shall be open for signature:
a. Member States of the Council of Europe;
b. member states of the UNESCO Europe Region;
c. of any other signatory, Contracting State or party to the European Cultural Convention of the Council of Europe and/or the UNESCO Convention on the Recognition of Studies and Diplomas relating to Higher Education in the States of the Region of Europe, which were invited to participate in the Diplomatic Conference responsible for the adoption of this Convention.
2. These States and the Holy See may express their consent to be bound by:
a. signature, without reservation of ratification, acceptance or approval; or
b. signature, subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
c. accession.
3. The signatures will take place near one of the depositaries. Instruments of ratification, acceptance, approval or accession shall be deposited near one of the depositaries.
Article XI.2
This Convention shall enter into force on the first day of the month following the expiration of one month after five States, including at least three Member States of the Council of Europe and/or the UNESCO Europe Region, have expressed their consent to be bound by the Convention. It shall enter into force, for each other State, on the first day of the month following the expiration of one month after the date of the expression of its consent to be bound by the Convention.
Article XI.3
1. After the entry into force of this Convention, any State other than those belonging to any of the categories listed in Article XI.1 may apply for accession to the Convention. Any such request shall be communicated to one of the depositaries, who shall forward it to the Parties at least three months before the meeting of the Committee of the Convention on the Recognition of Qualifications of Higher Education in the European Region. The depositary will also inform the Committee of Ministers of the Council of Europe and the Executive Council of UNESCO.
2. The decision to invite a State that has made a request to accede to this Convention shall be taken by a two-thirds majority of the Parties.
3. Following the entry into force of this Convention, the European Community may accede to it, at the request of its Member States, addressed to one of the depositaries. In these circumstances, section XI.3.2 does not apply.
4. For any Member State, and for the European Community, the Convention shall enter into force on the first day of the month following the expiration of one month after the date of deposit of the instrument of accession near one of the depositaries.
Article XI.4
1. Parties to this Convention, which are at the same time parties to one or more of the following Conventions:
- European Convention on the Equivalence of Diplomas giving access to academic institutions (1953, STE No. 15) and its Protocol (1964, STE No. 49);
- European Convention on Equivalence of Academic Periods (1956, STE No. 21);
- European Convention on Academic Recognition of Academic Qualifications (1959, STE No. 32);
- International Convention on the Recognition of Studies, Diplomas and Graduates of Higher Education in Arab States and European States bordering the Mediterranean (1976);
- Convention on the Recognition of Studies and Diplomas in the States of the Region of Europe (1979);
- European Convention on General Equivalence of Academic Periods (1990, STE 138),
a. shall apply the provisions of this Convention in their mutual relations;
b. will continue to apply the above Conventions, to which they are already parties, in their relations with other States parties to the Conventions but not to this Convention.
2. Parties to this Convention undertake to refrain from becoming parties to the Conventions referred to in paragraph 1er, to which they would not yet be parties, with the exception of the International Convention on the Recognition of Studies, Diplomas and Graduates of Higher Education in the Arab States and European States bordering the Mediterranean.
Article XI.5
1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention applies.
2. Any State may, at any other time thereafter, by a declaration addressed to one of the depositaries, extend the application of this Convention to any other territory. The Convention shall enter into force on the first day of the month following the expiration of one month after the date of receipt of such a declaration by the depositary.
3. Any declaration made under the preceding two paragraphs in respect of any territory designated in such declaration may be withdrawn by notification addressed to one of the depositaries. It shall take effect on the first day of the month following the expiration of one month after the date of receipt of such notification by the depositary.
Article XI.6
1. Any Party may, at any time, denounce this Convention by notification to any depositary.
2. The denunciation shall take effect on the first day of the month following the expiration of twelve months after the date of receipt of the notification by the depositary. However, this denunciation will not affect the recognition decisions made previously under the provisions of this Convention.
3. The termination of this Convention or the suspension of its application as a consequence of the violation by a Party of an essential provision for the realization of the object or purpose of the Convention shall be in accordance with international law.
Article XI.7
1. Any State, the Holy See, the European Community may, upon signature or upon deposit of their instrument of ratification, acceptance, approval or accession, declare that they reserve the right not to apply, in part or in whole, one or more of the following Articles of this Convention:
Article IV.8
Article V.3
Article VI.3
Article VIII.2
Article IX.3
No other reservation can be made.
2. Any Party that has made a reservation under the preceding paragraph may withdraw it, in whole or in part, by notification addressed to one of the depositaries. The withdrawal shall take effect on the date of receipt of the notification by the depositary.
3. A Party that has made a reservation in respect of a provision of this Convention may not claim its application by another Party; it may, however, if the reservation is partial or conditional, claim the application of this provision to the extent that it has accepted it.
Article XI.8
1. The Committee of the Convention on the Recognition of Qualifications of Higher Education in the European Region may adopt draft amendments to this Convention by a two-thirds majority of the Parties. Any such amendment shall be incorporated in a protocol to this Convention. The protocol specifies the terms and conditions of its entry into force that, in any event, requires the agreement of the Parties to be bound by the protocol.
2. No amendment may be made to section III of this Convention under the procedure of paragraph 1er above.
3. Any amendment proposal must be communicated to one of the depositaries, who will forward it to the Parties at least three months before the Committee meeting. The depositary will also inform the Committee of Ministers of the Council of Europe and the Executive Council of UNESCO.
Article XI.9
1. The Secretary General of the Council of Europe and the Director General of the United Nations Educational, Scientific and Cultural Organization are the depositaries of this Convention.
2. The depositary to which an act, notification or communication is deposited shall notify the Parties to this Convention, as well as other States members of the Council of Europe and/or the Europe Region of UNESCO:
a. any signature;
b. the deposit of any instrument of ratification, acceptance of approval or accession;
c. any effective date of this Convention under the provisions of Articles XI.2 and XI.3.4;
d. any reservation made under the provisions of Article XI.7 and the withdrawal of any reservation made under the provisions of Article XI.7;
e. any denunciation of this Convention pursuant to Article XI.6;
f. any statement made under the provisions of section II.1 or section II.2;
g. any declaration made under the provisions of Article IV.5;
h. any application made under Article XI.3;
i. any proposal made under Article XI.8;
j. any other act, notification or communication relating to this Convention.
3. The depositary receiving a communication or making a notification under the provisions of this Convention shall immediately inform the other depositary.
In faith, undersigned representatives, duly authorized, have signed this Convention.
Done in Lisbon, on 11 April 1997, in English, French, Russian and Spanish, the four texts being equally authentic, in two copies, one of which will be deposited in the archives of the Council of Europe and the other in the archives of the United Nations Educational, Scientific and Cultural Organization and one certified copy of which will be given to all the States referred to in Article XI.1, to the Holy See and to the European Community, as well as to the United Nations Secretariat of the European Union.
Convention on the Recognition of Qualifications of Higher Education in the European Region, held in Lisbon on 11 April 1997


DECLARATION
In accordance with articles II.2 and IX.2 of the Convention, the Kingdom of Belgium declares that the competent authorities are:
For the French Community of Belgium:
Chantal KAUFMANN
Executive Director f.f.
Direction générale de l'Enseignement non obligatoire et de la Recherche scientifique
Ministry of the French Community
Rue A. Lavallée 1
B-1080 Brussels
Tel: 02-690 87 03 and 02 - Fax: 02-690 87 60
Mail : chantal.kaufmann@cfwb.be
Kevin GUILLAUME
(NARIC contact person)
Attaché
Direction générale de l'Enseignement non obligatoire et de la Recherche scientifique
Ministry of the French Community
Rue A. Lavallée 1
B-1080 Brussels
Tel: 02-690 87 47 - Fax: 02-690 87 60
Mail: kevin.guillaume@cfwb.be
For the Flemish Community of Belgium:
NARIC- Vlaanderen
Hendrik Consciencegebouw
Toren A - 6de verdieping
Koning Albert II-Laan 15
1210 Brussel
Tel: 02-553 97 44
Mail : naric@vlaanderen.be
For the German-speaking Community of Belgium:
Ministerium der Deutschsprachigen Gemeinschaft
Abteilung Unterricht und Ausbildung
Fachbereich Unterrichtsorganisation und Rechtsfragen
Gospertstrasse 1
B-4700 Eupen
Jörg Vomberg
Tel: 087-59 63 64
Mail: joerg.vomberg@dgov.be