Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu la Act No. 2008-134 of 13 February 2008 authorizing the ratification of a Council of Europe Convention on the Prevention of Terrorism;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The Council of Europe Convention for the Prevention of Terrorism (as an annex), adopted on 16 May 2005 in Warsaw, signed by France on 22 May 2006, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
C O N V E N T I O N
FOR PREVENTION
TERRORISM (ENSEMBLE ANNEX)
Member States of the Council of Europe and other Signatories,
Considering that the purpose of the Council of Europe is to achieve a closer union between its members;
Recognizing the interest in intensifying cooperation with other Parties to this Convention;
Wishing that effective measures be taken to prevent terrorism and to address, in particular, public provocation to commit terrorist offences, as well as recruitment and training for terrorism;
Aware of the grave concern caused by the increase in terrorist offences and the increase in the terrorist threat;
Aware of the precarious situation faced by persons as a result of terrorism and reaffirming in this context their deep solidarity with the victims of terrorism and their families;
Acknowledging that terrorist offences and those provided for in this Convention, regardless of their authors, are in no way justified by considerations of a political, philosophical, ideological, racial, ethnic, religious or similar nature and recalling the obligation of the Parties to prevent such acts and, if they are not, to prosecute them and ensure that they are punished by penalties that take into account their seriousness;
Recalling the need to strengthen the fight against terrorism and reaffirming that all measures taken to prevent or punish terrorist offences must respect the rule of law and democratic values, human rights and fundamental freedoms, as well as other provisions of international law, including international humanitarian law when applicable;
Recognizing that this Convention does not affect established principles concerning freedom of expression and freedom of association;
Recalling that acts of terrorism, by their nature or context, are intended to seriously intimidate a population, or to unduly compel a government or international organization to perform or refrain from carrying out any act, or to seriously destabilize or destroy the fundamental political, constitutional, economic or social structures of a country or international organization,
agreed that:
Article 1
Terminology
1. For the purposes of this Convention, "terrorist offence" means any of the offences within the scope of application as defined in any of the treaties listed in the annex.
2. By depositing its instrument of ratification, acceptance, approval or accession, a State or the European Community that is not a party to a treaty listed in the annex may declare that, where this Convention is applied to the Party concerned, the said treaty is deemed not to be included in this annex. This declaration becomes null and void as soon as the treaty comes into force for the Party making such a declaration, which notify the Secretary-General of the Council of Europe of this entry into force.
Article 2
Objective
The purpose of this Convention is to improve the efforts of the Parties in the prevention of terrorism and its negative effects on the full enjoyment of human rights, including the right to life, both through national and international cooperation measures, taking into account existing bilateral and multilateral treaties or agreements applicable between the Parties.
Article 3
National prevention policies
1. Each Party shall take appropriate measures, in particular in the field of the training of law enforcement authorities and other bodies, as well as in the areas of education, culture, information, media and public awareness, with a view to preventing terrorist offences and their negative effects, while respecting human rights obligations, as established in the Convention for the Protection of Human Rights and
2. Each Party shall take the necessary measures to improve and develop cooperation between national authorities with a view to preventing terrorist offences and their negative effects, including:
(a) By the exchange of information;
(b) By strengthening the physical protection of people and infrastructure;
(c) By improving training and coordination plans for crisis situations.
3. Each Party promotes tolerance by encouraging interreligious and transcultural dialogue, involving, where appropriate, non-governmental organizations and other civil society actors to participate, in order to prevent tensions that could contribute to the commission of terrorist offences.
4. Each Party shall endeavour to increase public awareness of the existence, causes, severity and threat of terrorist offences and offences under this Convention, and shall consider encouraging the public to provide evidence and specific assistance to the competent authorities, which may contribute to the prevention of terrorist offences and offences under this Convention.
Article 4
International cooperation in prevention
Parties shall provide assistance and support, where appropriate and with due regard to their possibilities, in order to improve their capacity to prevent the commission of terrorist offences, including through exchanges of information and good practices, as well as through training and other forms of joint preventive efforts.
Article 5
Public summons to commit
a terrorist offence
1. For the purposes of this Convention, "public provocation to commit a terrorist offence" means the dissemination or any other form of making a message available to the public, with the intention of inciting to the commission of a terrorist offence, where such conduct, whether directly or not it advocates the commission of terrorist offences, creates a danger that one or more of these offences may be committed.
2. Each Party shall adopt such measures as may be necessary to criminalize, in accordance with its domestic law, public provocation to commit a terrorist offence as defined in paragraph 1, when it is unlawfully and intentionally committed.
Article 6
Recruitment for terrorism
1. For the purposes of this Convention, "recruitment for terrorism" means seeking another person to commit or participate in the commission of a terrorist offence, or to join an association or group in order to contribute to the commission of one or more terrorist offences by the association or group.
2. Each Party shall adopt such measures as may be necessary to criminalize, in accordance with its domestic law, the recruitment for terrorism, as defined in paragraph 1 of that article, where it is unlawfully and intentionally committed.
Article 7
Training for terrorism
1. For the purposes of this Convention, "training for terrorism" means providing instructions for the manufacture or use of explosives, firearms or other harmful or dangerous weapons or substances, or for other specific methods and techniques to commit a terrorist offence or to contribute to its commission, knowing that the training provided is intended to serve the purpose of achieving such an objective.
2. Each Party shall adopt such measures as may be necessary to criminalize, in accordance with its domestic law, the training for terrorism, as defined in paragraph 1 of that article, when it is unlawfully and intentionally committed.
Article 8
Indifference of result
For an act to be an offence within the meaning of Articles 5 to 7 of this Convention, it is not necessary that the terrorist offence be effectively committed.
Article 9
Miscellaneous offences
1. Each Party shall adopt the necessary measures to criminalize its domestic law:
(a) Participation as an accomplice in an offence within the meaning of articles 5 to 7 of this Convention;
(b) The organization of the commission of an offence within the meaning of Articles 5 to 7 of this Convention or the commission of other persons to commit it;
(c) The contribution to the commission of one or more of the offences referred to in Articles 5 to 7 of this Convention by a group of persons acting together. This competition must be deliberate and must:
(i) to facilitate or serve the criminal activity of the group, where such activity or purpose presupposes the commission of an offence within the meaning of Articles 5 to 7 of this Convention;
(ii) be brought knowing that the group intends to commit an offence within the meaning of Articles 5 to 7 of this Convention.
2. Each Party shall also adopt such measures as may be necessary to criminalize in and in accordance with its domestic law the attempt to commit an offence within the meaning of Articles 6 and 7 of this Convention.
Article 10
Liability of legal persons
1. Each Party shall adopt the necessary measures, in accordance with its legal principles, to establish the liability of legal persons participating in the offences referred to in Articles 5 to 7 and 9 of this Convention.
2. Subject to the legal principles of the Party, liability of legal persons may be criminal, civil or administrative.
3. This responsibility is without prejudice to the criminal responsibility of natural persons who have committed the offences.
Article 11
Sanctions and measures
1. Each Party shall adopt such measures as may be necessary to ensure that the offences referred to in Articles 5 to 7 and 9 of this Convention are subject to effective, proportionate and deterrent penalties.
2. Any prior and final conviction in a foreign State for offences referred to in this Convention may, to the extent permitted by domestic law, be taken into account in the determination of the sentence, in accordance with domestic law.
3. Each Party shall ensure that legal persons held responsible in accordance with Article 10 are subject to effective, proportionate and deterrent sanctions of a criminal or non-criminal nature, including monetary penalties.
Article 12
Conditions and backups
1. Each Party shall ensure that the establishment, implementation and application of the criminalization referred to in Articles 5 to 7 and 9 of this Convention are carried out in accordance with its human rights obligations, including freedom of expression, freedom of association and freedom of religion, as set out in the Convention for the Protection of Human Rights and Fundamental Freedoms, in the International Covenant on Civil Rights and
2. The establishment, implementation and application of the criminalization referred to in articles 5 to 7 and 9 of this Convention should also be subject to the principle of proportionality in respect of the legitimate purposes pursued and their necessity in a democratic society, and should exclude any form of arbitrary, discriminatory or racist treatment.
Article 13
Protection, compensation
and assistance to victims of terrorism
Each Party shall adopt the necessary measures to protect and support the victims of terrorism committed in its own territory. These measures will include, according to appropriate national systems and subject to domestic legislation, including financial assistance and compensation to victims of terrorism and members of their close family.
Article 14
Jurisdiction
1. Each Party shall adopt such measures as may be necessary to establish its jurisdiction over any criminal offence established in accordance with this Convention:
(a) When the offence is committed in its territory;
(b) When the offence is committed on board a ship flying flag of that Party or on board an aircraft registered in that Party;
(c) When the offence is committed by one of its nationals.
2. Each Party may also establish jurisdiction over any criminal offence established in accordance with this Convention:
(a) Where the purpose of the offence was, or resulted, the commission of an offence under Article 1 of this Convention, in its territory or against any of its nationals;
(b) Where the purpose or result of the offence was, the commission of an offence referred to in article 1 of this Convention, against a public installation of that Party outside its territory, including its diplomatic or consular premises;
(c) Where the purpose of the offence was, or resulted, the commission of an offence referred to in article 1 of this Convention, with a view to compel that Party to perform or refrain from any act;
(d) When the offence was committed by a stateless person having his habitual residence on his territory;
(e) When the offence was committed on an aircraft operated by the Government of that Party.
3. Each Party shall adopt such measures as may be necessary to establish its jurisdiction over any criminal offence established in accordance with this Convention in cases where the alleged perpetrator of the offence is on its territory and where it does not extradite him to a Party whose jurisdiction to prosecute is based on a rule of jurisdiction also existing in the legislation of the requested Party.
4. This Convention does not exclude any criminal jurisdiction exercised in accordance with national laws.
5. Where a number of Parties claim jurisdiction over an alleged offence referred to in this Convention, the Parties concerned shall, where appropriate, consult to determine which one is best able to prosecute.
Article 15
Investigation requirement
1. When the Party is informed that the alleged perpetrator or perpetrator of an offence referred to in this Convention may be present in its territory, the Party concerned shall take the necessary steps, in accordance with its domestic legislation, to investigate the facts brought to its attention.
2. If it considers that the circumstances warrant it, the Party in whose territory the alleged perpetrator or perpetrator of the offence is located shall take appropriate measures under its domestic legislation to ensure the presence of that person for the purposes of prosecution or extradition.
3. Any person in respect of whom the measures referred to in paragraph 2 are taken is entitled to:
(a) To communicate without delay with the closest competent representative of the State of which she is a national or otherwise entitled to protect her rights or, if it is a stateless person, the State in whose territory she has her habitual residence;
(b) To receive the visit of a representative of this State;
(c) To be informed of the rights conferred by subparagraphs (a) and (b).
4 The rights set out in paragraph 3 shall be exercised within the framework of the laws and regulations of the Party in the territory of which the alleged perpetrator or perpetrator of the offence is located, provided that such laws and regulations shall permit the full realization of the purposes for which these rights are granted in paragraph 3.
5. The provisions of paragraphs 3 and 4 of this article shall be without prejudice to the right of any Party that has established its jurisdiction in accordance with article 14, paragraphs 1 (c) and 2 (d), to invite the International Committee of the Red Cross to communicate with the alleged perpetrator of the offence and to visit it.
Article 16
Non-applicability of the Convention
This Convention shall not apply where the offences referred to in Articles 5 to 7 and 9 are committed within a single State, where the alleged perpetrator is a national of that State and is in the territory of that State, and that no other State has the right, under paragraph 1 or 2 of Article 14 of this Convention, to establish its jurisdiction, provided that the provisions of Articles 17 and 20 to 22 apply,
Article 17
International cooperation in criminal matters
1. The Parties shall accord the widest possible assistance to any investigation, criminal procedure or extradition procedure relating to the offences referred to in Articles 5 to 7 and 9 of this Convention, including the obtaining of the evidence available to them and necessary for the purposes of the proceedings.
2. Parties shall comply with their obligations under paragraph 1, in accordance with any treaty or mutual legal assistance agreement that may exist between them. In the absence of such a treaty or agreement, the Parties shall agree on such assistance in accordance with their domestic legislation.
3. The Parties shall cooperate as widely as possible, as far as the relevant laws, treaties, agreements and arrangements of the requested Party permit, in the course of criminal investigations and proceedings relating to offences that may be held liable in the requesting Party in accordance with Article 10 of this Convention.
4. Each Party may consider establishing additional mechanisms to share with other Parties the information or evidence necessary to establish criminal, civil or administrative responsibilities, as provided for in Article 10.
Article 18
Extract or continue
1. In cases where it is competent under Article 14, the Party in the territory of which the alleged perpetrator of the offence is held, if it does not extradite him, to submit the case, without undue delay and without any exception, that the offence has been committed in its territory, to its competent authorities for the exercise of the criminal action, in accordance with a procedure in accordance with the law of that Party. Such authorities shall take their decisions in the same conditions as for any other serious offence, in accordance with the laws of that Party.
2. Whereever, under its domestic legislation, a Party is authorized to extradite or surrender one of its nationals only on the condition that the person concerned shall be handed over to it to serve the penalty imposed upon it at the end of the trial or proceedings for which the extradition or surrender had been requested, and that that Party and the requesting Party accept the extradition shall be granted that option and the other conditions that they may provide
Article 19
Extradition
1. The offences provided for in Articles 5 to 7 and 9 of this Convention shall be considered as cases of extradition in any extradition treaty between Parties before the entry into force of this Convention. Parties undertake to consider these offences as extradition cases in any extradition treaty to be concluded subsequently between them.
2. Where a Party that subordinates the extradition to the existence of a treaty is seized of an extradition request by another Party with which it is not bound by an extradition treaty, the requested Party shall have the discretion to consider this Convention as the legal basis for extradition with respect to the offences provided for in Articles 5 to 7 and 9 of this Convention. Extradition shall be subject to the other conditions provided by the law of the requested Party.
3. Parties that do not subordinate extradition to the existence of a treaty shall recognize the offences provided for in Articles 5 to 7 and 9 of this Convention as cases of extradition between them under the conditions provided for in the legislation of the requested Party.
4. The offences provided for in Articles 5 to 7 and 9 of this Convention shall, if any, be considered for extradition between Parties as having been committed not only in the place of their commission, but also in the territory of the Parties having established their jurisdiction in accordance with Article 14.
5. The provisions of all extradition treaties and agreements between Parties relating to offences referred to in Articles 5 to 7 and 9 of this Convention shall be deemed to be amended between the Parties to the extent that they are incompatible with this Convention.
Rule 20
Exclusion of the political exception clause
1. None of the offences referred to in Articles 5 to 7 and 9 of this Convention shall be considered, for the purposes of extradition or mutual legal assistance, as a political offence or an offence related to a political offence, or as an offence inspired by political motives. As a result, a request for extradition or mutual legal assistance based on such an offence may not be denied on the sole ground that this applies to a political offence or an offence related to a political offence or an offence inspired by political motives.
2. Without prejudice to the application of articles 19 to 23 of the Vienna Convention on the Law of Treaties of 23 May 1969 to the other articles of this Convention, any State or the European Community may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or accession to the Convention, declare that it/she reserves the right not to apply paragraph 1 of this article with regard to the extradition of any offence referred to in the Convention. The Party undertakes to apply this reservation on a case-by-case basis on the basis of a duly reasoned decision.
3. Any Party may withdraw, in whole or in part, a reservation made by it under paragraph 2, by means of a statement addressed to the Secretary-General of the Council of Europe and which shall take effect on the date of its receipt.
4. A Party that has made a reservation under paragraph 2 of that article may not claim the application of paragraph 1 of that article by another Party; However, it may, if the reservation is partial or conditional, claim the application of this article to the extent that it itself has accepted it.
5. The reservations made are valid for a period of three years beginning on the first day of the entry into force of this Convention for the Party concerned. However, such reservations may be renewed for periods of the same duration.
6. Twelve months prior to the expiry of the reservation, the Secretary-General of the Council of Europe shall inform the Party concerned of this expiry. Three months before the expiry date, the Party shall notify the Secretary-General of its intention to maintain, modify or withdraw the reservation. When a Party informs the Secretary-General that it maintains its reservation, it provides explanations as to why it maintains it. In the absence of notification by the Party concerned, the Secretary-General informs this Party that its reservation is automatically extended for a period of six months. If the Party concerned fails to notify its decision to maintain or amend its reservations prior to the expiry of that period, the reservation becomes null and void.
7. Whenever a Party decides not to extradite a person under the application of that reservation, after receiving an extradition request from another Party, it shall submit the case, without exception any and without undue delay, to its competent authorities for prosecution, unless further provisions have been agreed between the requesting Party and the requested Party. The competent authorities, with a view to prosecution in the requested Party, shall take their decision in the same conditions as for any serious offence, in accordance with the laws of that Party. The requested Party shall without undue delay communicate the final outcome of the proceedings to the requesting Party and to the Secretary-General of the Council of Europe, who shall communicate it to the Consultation of the Parties provided for in Article 30.
8. The decision to refuse the extradition request under this reservation shall be communicated immediately to the requesting Party. If no judicial decision on the merits is taken in the Party required under paragraph 7 within a reasonable period of time, the requesting Party may inform the Secretary-General of the Council of Europe who submits the matter to the Consultation of the Parties provided for in Article 30. This Consultation examines the issue, 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. In performing its functions under this paragraph, the Committee of Ministers shall meet in its limited membership to States Parties.
Article 21
Discrimination clause
1. Nothing in this Convention shall be construed as implying an obligation to extradite or grant mutual legal assistance, if the requested Party has serious reasons to believe that the request for extradition motivated by an offence referred to in Articles 5 to 7 and 9 or mutual legal assistance in respect of such offences has been submitted for the purpose of prosecuting or punishing a person for considerations of race, religion, nationality, ethnic origin or
2. Nothing in this Convention shall be construed as implying an obligation to extradite if the person subject to the extradition request may be exposed to torture or inhuman or degrading treatment or punishment.
3. No provision of this Convention shall be construed as implying an obligation to extradite if the person subject to the extradition request is liable to be exposed to the death penalty or, where the law of the requested Party does not permit the deprivation of liberty to perpetuity, to the deprivation of liberty to life without possibility of punishment, unless the requesting Party has the obligation to extradite
Article 22
Spontaneous information
1. Without prejudice to their own investigations or procedures, the competent authorities of a Party may, without prior request, transmit to the competent authorities of another Party information collected under their own investigation when they consider that the communication of such information could assist the Party that receives the information to initiate or carry out investigations or procedures, or where such information could result in a request made by that Party under this Convention.
2. The Party providing the information may, in accordance with its national law, subject to certain conditions their use by the Party receiving it.
3. The Party receiving the information is required to comply with these conditions.
4. However, any Party may, at any time, by a declaration addressed to the Secretary-General of the Council of Europe, declare that it reserves the right not to submit to the conditions imposed under the provisions of paragraph 2 of this article by the Party providing the information, unless it is notified in advance of the nature of the information to be provided and accepts that the information be transmitted to it.
Article 23
Signature and entry into force
1. This Convention is open for signature by the Member States of the Council of Europe, the European Community and the non-member States that participated in its elaboration.
2. This Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
3. 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 on which six Signatories, including at least four Member States of the Council of Europe, have expressed their consent to be bound by this Convention, in accordance with the provisions of paragraph 2.
4. For any Signatories who subsequently express their consent to be bound by this Convention, this Agreement shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of its consent to be bound by this Convention, in accordance with the provisions of paragraph 2.
Article 24
Accession to the Convention
1. Following the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consulting the Parties to this Convention and obtaining the unanimous consent, invite any non-member State of the Council of Europe that has not participated in its preparation 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 Parties entitled to sit on the Committee of Ministers.
2. For any State acceding to the Convention in accordance with paragraph 1 above, 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 deposit of the instrument of accession to the Secretary-General of the Council of Europe.
Rule 25
Territorial application
1. Any State or the European Community 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 shall apply.
2. Any Party may, at any other time thereafter, by a declaration addressed to the Secretary-General of the Council of Europe, extend the application of this Convention to any other territory designated in the declaration. The Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary-General.
3. Any declaration made pursuant to the preceding two paragraphs may be withdrawn, with respect to any territory designated in that declaration, by notification addressed to the Secretary-General of the Council of Europe. The withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary-General.
Rule 26
Effects of the Convention
1. The purpose of this Convention is to supplement the applicable multilateral or bilateral treaties or agreements between the Parties, including the provisions of the following Council of Europe treaties:
― European Convention of Extradition, open for signature, in Paris, December 13, 1957 (STE no. 24);
– European Convention on Mutual Legal Assistance in Criminal Matters, opened for signature in Strasbourg on 20 April 1959 (STE No. 30);
– European Convention for the Suppression of Terrorism, opened for signature in Strasbourg on 27 January 1977 (STE No. 90);
- Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, opened for signature in Strasbourg on 17 March 1978 (STE No. 99);
– Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, opened for signature in Strasbourg on 8 November 2001 (STE No. 182);
- Protocol amending the European Convention for the Suppression of Terrorism Open for signature in Strasbourg on 15 May 2003 (STE No. 190).
2. If two or more of two Parties have already entered into an agreement or treaty on matters covered by this Convention, or if they have otherwise established their relations on these matters, or if they will do so in the future, they also have the right to apply the agreement or treaty, or to establish their relations accordingly. However, where the Parties establish their relations with respect to the subject matter of this Convention in a different manner than that provided, they will do so in a manner that is not inconsistent with the purposes and principles of the Convention.
3. Parties that are members of the European Union shall apply, in their mutual relations, the rules of the Community and the European Union to the extent that there are rules of the Community or the European Union governing the particular subject matter concerned and applicable in the case of a species, without prejudice to the object and purpose of this Convention and without prejudice to its full application to the other Parties.
4. Nothing in this Convention affects other rights, obligations and responsibilities of a Party and individuals arising from international law, including international humanitarian law.
5. The activities of the armed forces in times of armed conflict, as defined in international humanitarian law, which are governed by this right are not governed by this Convention, and the activities carried out by the armed forces of a Party in the exercise of their official functions, to the extent that they are governed by other rules of international law, are also not governed by this Convention.
Rule 27
Amendments to the Convention
1. Amendments to this Convention may be proposed by a Party, the Committee of Ministers of the Council of Europe or the Consultation of the Parties.
2. Any amendment proposal shall be communicated by the Secretary General of the Council of Europe to the Parties.
3. In addition, any amendment proposed by a Party or by the Committee of Ministers shall be communicated to the Consultation of the Parties, which shall submit its opinion to the Committee of Ministers on the proposed amendment.
4. The Committee of Ministers shall consider the proposed amendment and any advice submitted by the Consultation of the Parties and may approve the amendment.
5. The text of any amendment approved by the Committee of Ministers in accordance with paragraph 4 shall be transmitted to the Parties for acceptance.
6. Any amendment approved in accordance with paragraph 4 shall enter into force on the thirtieth day after all Parties have informed the Secretary-General that they have accepted it.
Rule 28
Revision of the schedule
1. In order to update the list of treaties in the annex, amendments may be proposed by any Party or by the Committee of Ministers. These amendment proposals can only relate to universal treaties concluded within the United Nations system, specifically on international terrorism and entered into force. They will be communicated by the Secretary General of the Council of Europe to the Parties.
2. After consultation with non-member Parties, 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 will come into force on the expiration of one year from the date on which it was transmitted to the Parties. During this period, any Party may notify the Secretary-General of the Council of Europe of an objection to the entry into force of the amendment.
3. If a third party has notified the Secretary-General of an objection to the entry into force of the amendment, the latter will not enter into force.
4. If less than one third of the Parties has notified an objection, the amendment will enter into force for Parties that have not made an objection.
5. When an amendment has entered into force in accordance with paragraph 2 and an objection has been made by a Party to that amendment, the amendment shall enter into force in that Party on the first day of the month following the date on which it has notified the Secretary-General of the Council of Europe.
Rule 29
Settlement of disputes
In the event of a dispute between the Parties on the interpretation or application of this Convention, they shall endeavour to reach a settlement of the dispute by negotiation or by any other peaceful means of their choice, including the submission of the dispute to an arbitral tribunal that shall make decisions binding on the Parties to the dispute, or to the International Court of Justice, according to a common agreement between the Parties concerned.
Rule 30
Consultation of Parties
1. Parties shall consult periodically to:
(a) To make proposals to facilitate or improve the effective use and implementation of this Convention, including the identification of any problems in this regard, as well as the effects of any declaration made in accordance with this Convention;
(b) To make an opinion on the conformity of a refusal to extradite submitted to them in accordance with Article 20, paragraph 8;
(c) To make proposals to amend this Convention in accordance with Article 27;
(d) To make an opinion on any proposal to amend this Convention submitted to them in accordance with Article 27, paragraph 3;
(e) To express an opinion on any issues relating to the application of this Convention and to facilitate the exchange of information on important legal, political or technical developments.
2. The Consultation of the Parties shall be convened by the Secretary-General of the Council of Europe whenever he considers it necessary and, in any case, if the majority of the Parties or the Committee of Ministers make the request.
3. Parties shall be assisted by the Secretariat of the Council of Europe in the performance of their functions under this Article.
Rule 31
Denunciation
1. Any Party may, at any time, denounce this Convention by notification to the Secretary-General of the Council of Europe.
2. The denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary-General.
Rule 32
Notification
The Secretary General of the Council of Europe shall notify the Member States of the Council of Europe, the European Community, the non-member States that have participated in the elaboration of this Convention, and any State that has acceded to or has been invited to accede to it:
(a) Any signature;
(b) The deposit of any instrument of ratification, acceptance, approval or accession;
(c) Any effective date of this Convention in accordance with Article 23;
(d) Any statement made under articles 1, paragraph 2, 22, paragraph 4, and 25;
(e) Any other act, notification or communication relating to this Convention.
In faith, the undersigned, duly authorized to do so, have signed this Convention.
Done in Warsaw on 16 May 2005, 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 thereof to each member State of the Council of Europe, to the European Community, to the non-member States that participated in the elaboration of the Convention and to any State invited to accede to it.
A N N E X E
1. Convention for the Suppression of the Illicit Capture of Aircraft, signed at The Hague on 16 December 1970.
2. Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed in Montreal on September 23, 1971.
3. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted in New York on 14 December 1973.
4. Convention internationale contre la prise d'otages, adoptée à New York le 17 décembre 1979.
5. Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980.
6. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, concluded in Montreal on 24 February 1988.
7. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, concluded in Rome on 10 March 1988.
8. 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.
9. International Convention for the Suppression of Terrorist Bombings, adopted in New York on 15 December 1997.
10. International Convention for the Suppression of the Financing of Terrorism, adopted in New York on 9 December 1999.
Done in Paris, October 28, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
