27 AVRIL 2007. - Act enacting the Protocol amending the European Convention for the Suppression of Terrorism, done in Strasbourg on 15 May 2003 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Protocol amending the European Convention for the Suppression of Terrorism, done at Strasbourg on 15 May 2003, will come out of its full effect.
Art. 3. Amendments to the European Convention for the Suppression of Terrorism to be adopted pursuant to Article 9 of the above-mentioned Protocol, without Belgium opposing their adoption, will come out their full and full effect.
Within three months of receiving the amendment, the Government will submit it for approval to the legislative assemblies.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 27 April 2007.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) 2006-2007 session:
Senate:
Documents. - Bill tabled on 24 January 2007, No. 3-2033/1 - Report, No. 3-2033/2.
Annales parliamentarians. - Discussion. Session of March 8, 2007. - Vote. Session of March 8, 2007.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 51-2980/1 - Text adopted in plenary and subject to Royal Assent, No. 51-2980/2.
Annales parliamentarians. - Discussion. Session of March 22, 2007. - Vote. Session of March 22, 2007.

Protocol amending the European Convention for the Suppression of Terrorism.
The States members of the Council of Europe, signatories to this Protocol,
Bearing in mind the Declaration of the Committee of Ministers of the Council of Europe of 12 September 2001 and its decision of 21 September 2001 on the fight against international terrorism, and the Vilnius Declaration on Regional Cooperation and the Consolidation of Democratic Stability in the Great Europe adopted by the Committee of Ministers at its 110th session in Vilnius on 3 May 2002;
Bearing in mind Recommendation 1550 (2002) of the Parliamentary Assembly of the Council of Europe on combating terrorism and respecting human rights;
Bearing in mind resolution A/RES/51/210 of the General Assembly of the United Nations on measures to eliminate international terrorism and the declaration, in the annex, supplementing the 1994 declaration on measures to eliminate international terrorism, and resolution A/RES/49/60 on measures to eliminate international terrorism and, in the annex, the declaration on measures to eliminate international terrorism;
Wishing to strengthen the fight against terrorism while respecting human rights and bearing in mind the Guidelines on Human Rights and the Fight against Terrorism adopted by the Committee of Ministers of the Council of Europe on 11 July 2002;
Considering for this purpose that it is desirable to amend the European Convention for the Suppression of Terrorism (STE No. 90) opened for signature in Strasbourg on 27 January 1977, below referred to as the "Convention";
Considering that it is desirable to update the list of international conventions listed in Article 1^er the Convention and to provide for a simplified procedure to update it as appropriate;
Recognizing the desirability of strengthening the monitoring of the implementation of the Convention;
Considering that a review of the reservation regime is desirable;
Considering that it is desirable to open the Convention for signature by all interested States,
The following agreed:
Article 1^er
1. The introductory paragraph of Article 1^er of the Convention becomes paragraph 1^er of this article. In subparagraph (b) of that paragraph, the term "signed" is replaced by the term "finished" and sub-paragraphs (c, d, e and f) of that paragraph are replaced by:
"c. offences included in the scope of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted in New York on 14 December 1973;
d. offences included in the scope of the International Convention against the Taking of Hostages, adopted in New York on 17 December 1979;
e. offences included in the scope of the Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980;
f. offences included in the scope of the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, concluded in Montreal on 24 February 1988; »
2. Paragraph 1^er of Article 1^er the Convention is supplemented by the following four sub-paragraphs:
"g the offences included in the scope of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, concluded in Rome on 10 March 1988;
h. offences included in the scope of the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, concluded in Rome on 10 March 1988;
i. offences included in the scope of the International Convention for the Suppression of Terrorist Bombings, adopted in New York on 15 December 1997;
j. the offences included in the scope of the International Convention for the Suppression of the Financing of Terrorism, adopted in New York on 9 December 1999. "
3. The text of Article 1^er the Convention shall be supplemented by the following paragraph:
“2. To the extent that they are not covered by the conventions referred to in paragraph 1^erthe same shall be true for the purposes of extradition between Contracting States, not only because of the commission, as principal material author, of these principal offences, but also:
a. the attempt to commit one of these main offences;
b. complicity with one of these principal offences or with the attempt to commit one of these principal offences;
c. the organization or the order of others to commit or attempt to commit any of these principal offences. »
Article 2
Paragraph 3 of Article 2 of the Convention is replaced by the following terms:
« 3 It will be the same:
a. the attempt to commit one of these main offences;
b. complicity in any of these principal offences or attempt to commit one of these principal offences;
c. the organization or the order of others to commit or attempt to commit any of these principal offences. "
Article 3
1. The text of Article 4 of the Convention becomes paragraph 1^er of this article and a new sentence is added at the end of this paragraph, which reads as follows: "The contracting States undertake to consider these offences as extradition cases in any extradition treaty to be concluded thereafter among them. "
2. The text of Article 4 of the Convention is supplemented by the following paragraph:
“2. Where a Contracting State that subordinates the extradition to the existence of a treaty is seized with a request for extradition by another Contracting State with which it is not bound by an extradition treaty, the requested Contracting State has the discretion to consider this Convention as the legal basis for extradition with respect to the offences provided for in Articles 1^er or 2. "
Article 4
1. The text of article 5 of the Convention becomes paragraph 1 of that article.
2. The text of Article 5 of the Convention is supplemented by the following paragraphs:
“2. Nothing in this Convention shall be construed as implying an obligation to extradite to the requested State if the person subject to the extradition request may be exposed to torture.
3. No provision of this Convention shall be construed as implying an obligation to extradite to the requested State if the person subject to the extradition request is liable to be exposed to the death penalty or, where the law of the requested State does not permit the penalty of deprivation of liberty to perpetuity, to the custodial penalty without the possibility of extradition, unless the required State has the »
Article 5
A new article is introduced after Article 8 of the Convention, which reads as follows:
“Article 9. The Contracting States may enter into bilateral or multilateral agreements between them to supplement or facilitate the application of the principles contained in this Convention. "
Article 6
1. Article 9 of the Convention becomes Article 10.
2. Paragraph 1 of new article 10 is amended to read:
"The European Committee for Criminal Problems (CDPC) is responsible for monitoring the implementation of this Convention. The CDPC:
a. is kept informed of the application of the Convention;
b. makes proposals to facilitate or improve the implementation of the Convention;
c. sends to the Committee of Ministers recommendations relating to proposals for amendments and gives its opinion on any proposed amendments submitted by a Contracting State in accordance with Articles 12 and 13;
d. expresses, at the request of a Contracting State, a notice on any matter relating to the application of the Convention;
e. facilitates as much as necessary the friendly settlement of any difficulties to which the implementation of the Convention would result;
f. addresses to the Committee of Ministers recommendations relating to the invitation of non-member States to accede to the Convention in accordance with article 14, paragraph 3;
g. submit annually to the Committee of Ministers of the Council of Europe a report on the implementation of this article for the purposes of the Convention. "
3. Paragraph 2 of new article 10 is deleted.
Article 7
1. Article 10 of the Convention becomes Article 11.
2. In the first sentence of paragraph 1 of the new article 11 the words "in the context of paragraph 2 of Article 9" are replaced by the words "in the context of Article 10.e or by negotiation". In the second sentence of this paragraph, the words "the two arbitrators shall designate a third arbitrator" are replaced by the words "the arbitrators shall designate another arbitrator, the president of the court". The following sentences of this paragraph are deleted.
3. Paragraph 2 of new article 11 becomes paragraph 6 of that article. The phrase "When a majority cannot be acquired, the president has a predominant voice" is added after the second sentence, and in the last sentence the words "His sentence" are replaced by the words "The sentence of the court".
4. The text of the new article 11 is supplemented by the following paragraphs:
“2. Where the parties to the dispute are members of the Council of Europe and if, within three months of the request for arbitration, one of the Parties has not made the appointment of an arbitrator in accordance with paragraph 1 of this article, that arbitrator shall be designated by the President of the European Court of Human Rights at the request of the other Party.
3. Where one of the parties to the dispute is not a member of the Council of Europe and if, within three months of the request for arbitration, one of the Parties has not made the appointment of an arbitrator in accordance with paragraph 1 of this article, that arbitrator shall be appointed by the President of the International Court of Justice at the request of the other Party.
4. In the cases provided for in paragraphs 2 and 3 of this article, if the President of the court concerned is the national of one of the parties to the dispute, the appointment of the arbitrator shall be the Vice-President of the Court or, if the Vice-President is the national of one of the parties to the dispute, the oldest member of the court who is not the national of one of the parties to the dispute.
5. The procedures set out in paragraphs 2 or 3 and 4 shall apply mutatis mutandis in case the arbitrators cannot agree on the choice of the chair in accordance with paragraph 1 of this Article. »
Article 8
A new article is added after new article 11 with the following wording:
“Article 12. 1. Amendments to this Convention may be proposed by any Contracting State or by the Committee of Ministers. These amendment proposals are communicated by the Secretary General of the Council of Europe to the Contracting States.
2. After consulting non-member Contracting States and, if necessary, the CPC, the Committee of Ministers may adopt the amendment. The decision shall be taken by a majority under Article 20.d of the Statute of the Council of Europe. The text of any amendment thus adopted shall be transmitted by the Secretary General of the Council of Europe to the Contracting States for acceptance.
3. Any amendment adopted in accordance with the preceding paragraph comes into force on the thirtieth day after all Parties notified the Secretary General that they accepted it. »
Article 9
A new article is added after new article 12 with the following wording:
“Article 13. 1. In order to update the list of treaties referred to in paragraph 1 of Article 1, amendments may be proposed by any Contracting State or by the Committee of Ministers. These amendment proposals can only relate to treaties concluded within the United Nations, specifically on international terrorism and entered into force. They are communicated by the Secretary General of the Council of Europe to the Contracting States.
2. After consulting non-member Contracting States and, if necessary, the CPC, the Committee of Ministers may adopt an amendment proposed by a majority under Article 20.d of the Statute of the Council of Europe. This amendment comes into force on the expiry of a period of one year from the date on which it was transmitted to the Contracting States. During this period, any Contracting State may notify the Secretary General of an objection to the entry into force of the amendment.
3. If a third of the Contracting States has notified the Secretary General of the Council of Europe of an objection to the entry into force of the amendment, the amendment shall not enter into force.
4. If less than one third of the Contracting States has notified an objection, the amendment shall enter into force for the Contracting States that have not made an objection.
5. When an amendment has entered into force in accordance with paragraph 2 of this article and an objection has been made by a Contracting State to that amendment, the amendment shall enter into force in that State on the first day of the month following the date on which it has notified its acceptance to the Secretary General of the Council of Europe. »
Article 10
1. Article 11 of the Convention becomes Article 14.
2. In the first sentence of paragraph 1^er in new article 14 the words "and Observer States" are added after the words "Member States", the second sentence reads as follows: "It will be subject to ratification, acceptance, approval or accession", and in the third sentence the words "or approval" are replaced by the words ", approval or accession".
3. The text of the new article 14 is supplemented by the following paragraph:
“3. The Committee of Ministers of the Council of Europe may, after consulting the CDPC, invite any non-member State of the Council of Europe, other than those referred to in paragraph 1^er to accede to this Convention. The decision shall be taken by a majority under Article 20.d of the Statute of the Council of Europe and unanimously by representatives of the Contracting States entitled to sit on the Committee of Ministers. "
4. Paragraph 3 of new article 14 becomes paragraph 4 of this article and the words "or approve" are replaced by the words ", approve or adhere to it" and the terms "approval" are replaced by the words ", approval or accession".
Article 11
1. Article 12 of the Convention becomes Article 15.
2. In the first sentence of paragraph 1 of new article 15, the words "or approval" are replaced by the words ", approval or accession".
3. In the first sentence of paragraph 2 of new article 15, the words "or approval" are replaced by the words ", approval or accession".
Article 12
1. Reservations to the Convention made prior to the opening for signature of this Protocol shall not apply to the Convention as amended by this Protocol.
2. Article 13 of the Convention becomes Article 16.
3. In the first sentence of the first paragraph of the new article 16, the terms "Party to the Convention as of 15 May 2003" are added before the term "may" and the terms "of the Protocol amending the Convention" are added after the term "approval". The second sentence is added after the terms "political mobile": "The Contracting State undertakes to apply this reservation on a case-by-case basis on the basis of a duly reasoned decision and to take duly into account, in assessing the character of the offence, its particular gravity character, including:". The rest of the first sentence is deleted, with the exception of subparagraphs a, b and c.
4. The text of new article 16 is supplemented by the following paragraph:
“2. When applying paragraph 1^er of this Article, the Contracting State shall specify the offences to which its reservation applies. »
5. Paragraph 2 of new article 16 becomes paragraph 3 of that article. In the first sentence of this paragraph the term "contractor" is added after the term "State", and the term "previous" is replaced by the term "1".
6. Paragraph 3 of new article 16 becomes paragraph 4 of that article. In the first sentence of this paragraph the term "contractor" is added after the term "State".
7. The text of the new article 16 is supplemented by the following paragraphs:
« 5. The reservations made under paragraph 1 of this article shall be valid for a period of three years from the first day of the entry into force of the Convention as amended for the State concerned. However, such reservations may be renewed for periods of the same duration.
6. Twelve months before the expiry of the reservation, the Secretary General of the Council of Europe shall inform the Contracting State concerned of this expiry. Three months before the expiration date, the Contracting State shall notify the Secretary General of its intention to maintain, modify or withdraw the reservation. When a Contracting State notifies the Secretary General of the Council of Europe that it maintains its reservation, it provides explanations as to the reasons for its maintenance. In the absence of notification by the Contracting State concerned, the Secretary General of the Council of Europe shall inform this Contracting State that its reservation is automatically extended for a period of six months. If the Contracting State concerned fails to notify its decision to maintain or amend its reservations prior to the expiration of that period, the reservation becomes null and void.
7. Whenever a Contracting State decides not to extradite a person under the application of the reservation made in accordance with paragraph 1 of this article, after having received a request for extradition from another Contracting State, it shall submit the case, without exception any and without undue delay, to its competent authorities for prosecution, unless other provisions have been agreed between the requesting State and the requested State. The competent authorities, with a view to prosecution in the requested State, shall take their decision in the same conditions as for any offence of a serious nature in accordance with the laws of that State. The requested State shall communicate without undue delay the final outcome of the proceedings to the requesting State and to the Secretary General of the Council of Europe who shall communicate it to the Conference provided for in Article 17.
8. The decision to refuse the extradition request, pursuant to the reservation made in accordance with paragraph 1 of this article, shall be communicated immediately to the requesting State. If no judicial decision on the merits is taken in the requested State under paragraph 7 of this article within a reasonable period of time, the requesting State may inform the Secretary General of the Council of Europe that submits the matter to the Conference provided for in Article 17. This Conference examines the issue and issues a notice on the conformity of refusal with the provisions of the Convention and submits it to the Committee of Ministers for adoption of a declaration in this regard. When acting under this paragraph, the Committee of Ministers shall meet in its limited composition to the Contracting States. »
Article 13
A new article is added after new article 16 with the following wording:
“Article 17. 1. Without prejudice to the application of Article 10, a Conference of Contracting States against Terrorism (hereinafter referred to as the "COSTER") will ensure:
a. the effective application and operation of this Convention, including the identification of any related problems, in close contact with the CCP;
b. review of reservations made in accordance with Article 16, including the procedure provided for in Article 16, paragraph 8;
c. exchange of information on significant legal and political developments in the field of counter-terrorism;
d. review, at the request of the Committee of Ministers, of measures adopted within the framework of the Council of Europe in the field of counter-terrorism and, where appropriate, the development of proposals for additional measures necessary to improve international cooperation in the field of counter-terrorism, in consultation with the CPC when these measures relate to cooperation in criminal matters;
e. the development of advice in the field of counter-terrorism and the execution of mandates requested by the Committee of Ministers.
2. The COSTER is composed of an expert appointed by each Contracting State. It meets in ordinary session once a year and in special session at the request of the Secretary General of the Council of Europe or at the request of at least one third of the Contracting States.
3. Le COSTER adopte son Règlement intérieur. Expenses relating to the participation of the Contracting States which are members of the Council of Europe are borne by the Council of Europe. The Secretariat of the Council of Europe assists the COSTER in the exercise of the functions arising from this article.
4. The CDPC is kept periodically informed of the work of the COSTER. »
Article 14
Article 14 of the Convention becomes Article 18.
Article 15
Article 15 of the Convention is deleted.
Article 16
1. Article 16 of the Convention becomes Article 19.
2. In the introductory sentence of the new article 19 the words "to the Member States" are replaced by the words "to the Contracting States".
3. In paragraph b of new section 19 the terms "or approval" are replaced by the words ", approval or accession".
4. In paragraph c of new article 19, the number "11" becomes "14".
5. In paragraph d of new article 19 the number "12" becomes "15".
6. Paragraphs (e) and (f) of the new article 19 are deleted.
7. Paragraph (g) of new article 19 becomes paragraph (e) of this article and the number "14" becomes "18".
8. Paragraph (h) of new article 19 is deleted.
Article 17
1. This Protocol is open for signature by the States members of the Council of Europe signatories to the Convention, which 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.
2. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
Article 18
This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which all Parties to the Convention have expressed their consent to be bound by the Protocol, in accordance with the provisions of Article 17.
Article 19
The Secretary General of the Council of Europe will notify the Member States of the Council of Europe:
a. any signature;
b. the deposit of any instrument of ratification, acceptance or approval;
c. the effective date of this Protocol, pursuant to Article 18;
d. any other act, notification or communication relating to this Protocol.
In faith, the undersigned, duly authorized to do so, have signed this Protocol.
Done in Strasbourg on 15 May 2003, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory States.
DECLARATION
Protocol amending the European Convention for the Suppression of Terrorism, done at Strasbourg on 15 May 2003
The Belgian Government declares that it wishes to maintain the reservation made at the time of the deposit of the instrument of ratification concerning the European Convention for the Suppression of Terrorism, made in Strasbourg on 17 January 1977. (Reserved on the basis of Article 13.1 of the European Convention).
The Belgian Government therefore states:
"In strict compliance with Article 16, paragraph 5, of the Convention, Belgium reserves the right to refuse extradition in respect of any offence under Article 1, paragraph 1, of paragraph (a) up to paragraph (h) included, with the exception of paragraph (d) and Article 1, paragraph 2, provided that the latter relates to any offence under the first paragraph, of paragraph (a) in these cases, Belgium undertakes to take duly into account, in assessing the character of the offence, its particular gravity, including the fact that:
a. that it has created a collective danger to life, bodily integrity or freedom of persons, or
b. that she has reached people who are foreign to the motives that inspired her, or
c. that cruel or perfidious means have been used for its realization. »

Protocol amending the European Convention for the Suppression of Terrorism, done at Strasbourg on 15 May 2003
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