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On The European Convention On Transfrontier Television

Original Language Title: Par Eiropas konvenciju par pārrobežu televīziju

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The Saeima has adopted and the President promulgated the following laws: The European Convention on Transfrontier Television article 1. 5 May 1989, the European Convention on Transfrontier Television (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language. 3. article. The national radio and Television Council take the lead coordinator of the Convention functions. 4. article. The Ministry of Foreign Affairs in accordance with this law and article 19 of the Convention, notify the Secretary-General of the Council of Europe Coordinator for posting in the Republic of Latvia. 5. article. In accordance with article 32 of the Convention, the first paragraph of point "a" of the Republic of Latvia reserves the right to restrict advertising of alcoholic beverages in retransmission. 6. article. The Convention shall enter into force on the 29th for the period specified in article and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The law adopted by the Parliament of 14 May 1998. The President g. Ulmanis in Riga on 29 May 1998, the European Convention on Transfrontier Television preamble the member States of the Council of Europe and the other States party to the European Cultural Convention, signatory of the heret, Considering that the aim of the Council of Europe is to achieve a greater unity between its members, for the purpose of safeguarding and realising the ideals and principles which are their common heritage; Considering that the dignity and equal worth of every human being element of constitut fundamentals those principles; Considering that the freedom of expression and information, as embodied in article 10 of the Convention for the Protection of Human rights and Fundamental Freedom, constitut on of the essential principles of a democratic society and one of the basic conditions for its progress and for the development of every human being; Reaffirming their commitment to the principles of the free flow of information and ideas and the independence of the broadcaster, which indispensabl the constitut an base for their broadcasting policy; Affirming the importanc of broadcasting for the development of culture and the free formation of opinion in safeguarding pluralism and equality of conditions of opportunity among all political parties democratic groups ad; Convinced that the continued development of information and communication technology should serve to further the right, regardless_of of the frontier, the express, seek, to receive and to impar information and ideas whatever their source; Being the present an increasing desiro range of choice of programme services for the public, thereby enhancing Europe's heritage and developing its audiovisual creation, and being determined to achieve this cultural objective through efforts to increase the production and circulation of thigh-quality program, thereby responding to the public's expectations in the political, educational and cultural fields; Recognising the need to consolidat the common broad framework of regulation; Bearing in mind Resolution Of. 2 and the Declaration of the 1st European Ministerial Conference on mass media Policy; Being the desiro develop the principles embodied in the existing Council of Europe recommendations on principles on television advertising, equality between women and men, en in the media, on the use of satellite capacity for television and sound radio, and on the promotion of audiovisual production in Europe, have agreed as follows: CHAPTER I GENERAL PROVISION article 1 object and purpose this Convention is concerned with programme services embodied in the transmission. The purpose is to facilitat, among the parties, the transfrontier transmission and the retransmission of television programme services. Article 2 terms employed For the purpose of this Convention: a. "Transmission" means the initial emission by terrestrial transmitter, the, by cable, or by satellite of whatever nature, in encoded or unencoded form, of television programme services for reception by the general public. It does not include communication services operating on individual demand; b. "Retransmission" the signif the fact of receiving and simultaneously transmitting, irrespectiv of the technical means employed, complete and unchanged television programme services, or important parts of such services, transmitted by the broadcaster for reception by the general public; (c) "Broadcaster" means the natural or legal person who composes television programme services for reception by the general public and to transmit them or has them transmitted, complete and unchanged, by a third party; d. "Programme Service" means all the items within a single service provided by a given broadcaster within the meaning of the preceding paragraph; e. "European audiovisual works" means creative works, the production or co-production of which is controlled by European natural or legal persons; f. "advertisement" means any public announcement intended to promote the sale, purchase or rental of a product or service, to advance a cause or idea or to bring about some other effect desired by the advertiser, for which transmission time has been given to the advertiser for remuneration or similar considerations; g. "Sponsorship" means the participation of a natural or legal person, who is not engaged in broadcasting activities or in the production of audiovisual works, in the direct or indirect financing of a programme with a view to promoting the name, trademark or image of the person. Article 3 Field of application this Convention shall apply to any programme service transmitted or retransmitted by entities or by technical means to be within the jurisdiction of a Party, by cable, terrestrial transmitter whethers or satellite, and which can be received, directly or indirectly, in one or more other parties. Article 4 Freedom of reception and retransmission the Parties shall ensur is freedom of expression and information in accordanc with article 10 of the Convention for the Protection of Human rights and Fundamental Freedom and they shall guarantee freedom of reception and shall not restrict the retransmission on their territories of the of programme services which comply with the terms of this Convention. Article 5 duties of the transmitting parties 1 Each transmitting Party shall ensur, by appropriate means and through its competent organ, that all programme services transmitted by entities or by technical means to within its jurisdiction, within the meaning of article 3, comply with the terms of this Convention. 2. For the purpose of this Convention, the transmitting Party shall be: a. in the case of terrestrial transmission, the Party in which the initial emission is effected; (b) in the case of satellite transmission: i. the Party in which the satellite up-link is situated; II. the Party which grants the use of the frequency or a satellite capacity when the up-link is situated in a State which is not a Party to this Convention; III. the Party in which the broadcaster has its seat when responsibility under sub-paragraphs (i) and (ii) is not established.
3. When programme services transmitted from States which are not parties to this Convention are retransmitted by entities or by technical means to be within the jurisdiction of a Party, within the meaning of article 3, that Party, acting as transmitting Party, shall ensur, by appropriate means and through its competent organ, in compliance with the terms of this Convention. Article 6 Provision of information 1. The responsibilities of the broadcaster shall be clearly and adequality specified in the authorisation issued by, or contract concluded with, the competent authority of each Party, or by any other legal measure. 2. Information about the broadcaster shall be made available, upon request, by the competent authority of transmitting Party. Such information shall include, as a minimum, the name or denomination, seat and status of the broadcaster, the name of the legal representative, the composition of the capital, the nature, purpose and mode of financing of the program service the broadcaster is providing or intends providing. CHAPTER II PROGRAMMING matters article 7 responsibilities of the broadcaster 1. All items of programme services, as concerns their presentation and content, shall respect the dignity of the human being and the fundamental rights of others. In particular, they shall not: a. be indecen and in particular contain pornography; b. give a prominence to undu violence or be likely to INCITS to racial hatreds. 2. All items of programme services which are likely to impair the physical, mental or moral development of children and the adolescent shall not be scheduled when, because of the time of transmission and reception, it likely ut300r2u watch them. 3. The broadcaster shall ensur that news fairly presents facts and events and encourag the free formation of opinion. Article 8 right of reply 1 Each transmitting Party shall ensur that every natural or legal person, regardless_of of nationality or place of residence, shall have the opportunity to exercise a right of reply or to seek other legal or a comparabl administrative remedies relating to programmes transmitted or retransmitted by entities or by technical means to within its jurisdiction, within the meaning of article 3. In particular, it shall ensur that timing and other arrangements for the exercise of the right of reply are such that this right can be effectively exercised. The effective exercise of this right or other legal or administrative a comparabl remedies shall be ensured both as regards the timing and the modalit. 2. For this purpose, the name of the broadcaster responsible for this programme service shall be identified therein at regular intervals by appropriate means. Article 9 access of the public to major events Each Party shall examin the legal measure to avoid the right of the public to information being undermined due to the exercise by a broadcaster of exclusive rights for the transmission or retransmission, within the meaning of article 3, of an event of high public interest and which has the effect of depriving a large part of the public in one or more other parties of the opportunity to follow that event on television. Article 10 Cultural objective 1 Each transmitting Party shall ensur., where practicabl and by appropriate means, that a broadcaster in reserve for European works a majority proportion of their transmission time, excluding the time appointed to news, sports events, games, advertising and Teletext services. This proportion, having regard to the broadcaster's informational, educational, cultural and entertainment responsibilities to its viewing public, should be achieved progressively, on the basis of criteria of suitabl. 2. In the case of a disagreemen between a receiving Party and a transmitting Party on the application of the preceding paragraph, may be had of recourses, at the request of one of the parties, the Standing Committee with a view to its formulating an advisory opinion on the subject. Such a disagreemen shall be not be submitted to the arbitration procedure provided for in article 26.3. The parties to look together for undertak the most appropriate instruments and procedures to support, without discrimination between broadcaster, the activity and development of European production, particularly in countries with a low audiovisual production capacity or restricted language area. A further interruption is allowed if their duration is at least twenty minutes longer than two or more complete periods of forty-five minutes. 4. The parties, in the spirit of co-operation and mutual assistance which in this Convention, shall underl endeavour to avoid that programme services transmitted or retransmitted by entities or by technical means to within their jurisdiction, within the meaning of article 3, endanger the pluralism of the press and the development of the cinema industries. From a cinematographic work shall accordingly be transmitted in such services, unless you otherwise agreed between its rights holders and the broadcaster, until two years have elapsed since the work was first shown in cinemas; in the case of cinematographic works co-produced by the broadcaster, this period shall be one year. CHAPTER III ADVERTISING article 11 General standards 1. All advertisements shall be fair and honest. 2. Advertisements shall not be misleading and shall not prejudice the interests of consumers. 3. Advertisements addressed to or using children shall avoid anything likely to harm their interests and shall have regard to their special susceptibilit. 4. The advertiser shall not exercise any editorial influence over the content of the program. Article 12 Duration 1. The amount of advertising shall not exceeds 100 15% of the daily transmission time. However, this percentage may be increased to 20% to include forms of advertisements such as direct offers to the public for the sale, purchase or rental of products or for the provision of services, provided the amount of spot advertising does not exceeds 100 15%. 2. The amount of spot advertising within a given one-hour period shall not exceeds 100 20%. 3. Forms of advertisements such as direct offers to the public for the sale, purchase or rental of products or for the provision of services shall not exceeds 100 one hour per day. Article 13 Form and presentation 1. Advertisements shall be clearly distinguishabl as such and recognisably separate from the other items of the programme service by optical or acoustic means. In principle, they shall be transmitted in blocks. 2. Subliminal advertisements shall not be allowed. 3. the Surreptitio shall not be allowed for advertisements, in particular the presentation of products or services in programmes when it serves the purpose of advertising. 4. Advertisements shall not feature, or orally, in person at «regularly presenting news and current affairs program. Article 14 Insertion of advertisements 1. Advertisements shall be inserted between programmes. Provided the conditions in paragraphs 2 to 5 led of this article are fulfilled, advertisements may also be inserted during programmes in such a way that the integrity and value of the programme and the rights of the rights holders are not prejudiced. 2. In programmes consisting of autonomous parts, or in sports programmes and similarly structured events and performances comprising intervals, advertisements shall only be inserted between the parts or in the intervals. 3. The transmission of audiovisual works such as feature films and films made for television (excluding series, serial, light entertainment programme and a documentar), provided their duration is more than forty-five minutes, may be interrupted once for each complete period of forty-five minutes. 4. Where programmes, other than those covered by paragraph 2, are interrupted by advertisements, a period of at least twenty minutes between each successive elaps should advertising break within the programme. 5. Advertisements shall not be inserted in any broadcast of a religious service. News and current affairs programs, religious programs, documentar, and children's programmes, when they are less than thirty minutes of duration, shall not be interrupted by advertisements. If they last for thirty minutes or longer, the provision of the previous paragraphs shall apply. Article 15 Advertising of particular products 1. Advertisements for tobacco products shall not be allowed. 2. Advertisements for alcoholic beverages shall comply with the all you can be sure of the following rules: (a) they shall not be addressed particularly. it minor and no one associated with the consumption of alcoholic beverages in advertisements should be it be a minor se; b. they shall not link the consumption of alcohol to physical performance or driving; c. they shall not claim that alcohol has therapeutic or to that qualit it is a stimulan, a sedativ or a means of resolving personal problems; (d) they shall not encourag-immoderat. the consumption of alcohol or present abstinence or moderation in a negative light; e. they shall not place the undu emphasis on the alcoholic content of beverages. 3. Advertisements for medicines and medical treatment which are only available on medical prescription in the transmitting Party shall not be the allowed. 4. Advertisements for all other medicines and medical treatment shall be clearly distinguishabl as such, honest, truthful and subject to verification and shall comply with the requirement of protection of the individual from harm. Article 16 Advertising directed specifically at a single Party 1. In order to avoid distortion in competition and endangering the television system of a Party, which are the advertisements specifically and with some frequency directed to audiences in a single Party other than the transmitting Party shall not be circumven the television advertising rules in that particular Party. 2. The provision of the preceding paragraph of the note shall apply where: a. the rules concerned established a discrimination between advertisements transmitted by entities or by technical means to be within the jurisdiction of that Party and advertisements transmitted by entities or by technical means to be within the jurisdiction of another Party, or (b) the parties concerned have concluded bilateral or multilaterals agreements in this area. CHAPTER IV SPONSORSHIP article 17 General standards 1. When a programme or series of programmes is sponsored in whole or in part, it shall be clearly identified as such by appropriate credits at the beginning and/or end of the programme. 2. The content and scheduling of sponsored programmes may be influenced by the circumstanc in from the sponsor in such a way as to be affec the responsibility and editorial independence of the broadcaster in respect of programmes. 3. Sponsored programmes shall not encourag the sale, purchase or rental of the products or services of the sponsor or a third party, in particular by making special promotional references to those products or services in such a program. Article 18 Prohibited sponsorship 1. Programmes may not be sponsored by natural or legal persons whose principal activity is the manufacture or sale of products, or the provision of services, the advertising of which is prohibited by virtue of article 15.2. Sponsorship of news and current affairs programmes shall not be allowed. CHAPTER V MUTUAL assistance article 19 Co-operation between the parties 1. The parties render each other to undertak mutual assistance in order to implementations that this Convention. 2. For that purpose: (a) each Contracting State shall designat one or more authorities, the name and address of each of which it shall communicate to the Secretary General of the Council of Europe at the time of deposit of its instrument of ratification, acceptance, approval or accession; b. each Contracting State which has designated more than one authority shall specify in its communication under sub-paragraph (a) the competence of each authority. 3. An authority designated by a Party shall: (a) furnish the information foreseen under. Article 6, paragraph 2, of this Convention; (b) furnish information at the request of an authority designated by another Party on the domestic law and practice in the fields covered by this Convention; c. co-operate with the authorities designated by the other parties whenever useful, and notably where this would enhance the effectiveness of the measure taken in implementation of this Convention; (d) consider any difficulty arising from. the application of this Convention which is to its attention by brough an authority designated by another Party. CHAPTER VI STANDING Committee article 20 Standing Committee 1 For the purpose of this Convention, a Standing Committee shall be set up. 2. Each Party may be represented on the Standing Committee by one or more members. Each delegation shall have one vote. Within the areas of its competence, the European Economic Community shall exercise its right to vote with a number of votes equal to the number of its member States which are parties to this Convention; the European Economic Community shall not exercise its right to vote in cases where the member States concerned exercise their, and conversely. 3. Any State referred to in article 29, paragraph 1, which is not a Party to this Convention may be represented on the Standing Committee by an observer. 4. The Standing Committee may seek the advice of experts in order to discharge its functions. It may, on its own initiative or at the request of the body concerned, invite any international or national, governmental or non-governmental body technically qualified in the fields covered by this Convention to be represented by an observer at one or part of one of its meetings. The decision to invite such experts or bodies shall be taken by a majority of three-quarters of the members of the Standing Committee. 5. The Standing Committee shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within six months of the date of entry into force of the Convention. It shall subsequently meet whenever one-third of the parties or the Committee of Minister of the Council of Europe so requests, or on the initiative of the Secretary General of the Council of Europe in accordanc with the provision of article 23, paragraph 2, or at the request of one or more parties in accordanc with the provision of Article 21 of the sub-paragraph (c), and 25, paragraph 2., 6. A majority of the P arts of the IR constitut a quor for holding a meeting of the Standing Committee. 7. Subject to the provision of paragraph 4 and article 23, paragraph 3, the decision of the Standing Committee shall be taken by a majority of three-quarters of the members present. 8. Subject to the provision of this Convention, the Standing Committee shall draw up its own rules of procedure. Article 21 functions of the Standing Committee the Standing Committee shall be responsible for following the application of this Convention. It may: a. make recommendations to the parties concerning the application of the Convention; b. suggest any modifications cessary not of the Convention and of those proposed in accordanc examin with the provision of article 23; c. examin, at the request of one or more parties, questions concerning the interpretation of the Convention; d. use its best endeavour to secure a friendly settlement of any difficulty referred to it in accordanc with the provision of article 25; e. make recommendations to the Committee of Minister to those concerning States other than referred to in article 29, paragraph 1, to be invited to accede to this Convention. Article 22 reports of the Standing Committee After each meeting, the Standing Committee shall forward to the parties and the Committee of Minister of the Council of Europe a report on its discussions and any decisions taken. CHAPTER VII AMENDMENTS article 23 Amendments 1 Any Party may of amendments proposes to this Convention. 2. Any proposal for amendment shall be notified to the Secretary General of the Council of Europe who shall communicate it to the member States of the Council of Europe, to the other States party to the European Cultural Convention, to the European Economic Community and to any non-member State which has acceded to, or has been invited to accede to this Convention in accordanc with the provision of article 30. The Secretary General of the Council of Europe conven shall (a) meeting of the Standing Committee at the earlies to two months following the communication of the proposal. 3. The Standing Committee shall examin any amendment proposed and shall submit the text adopted by a majority of three-quarters of the members of the Standing Committee to the Committee of Minister for approval. After its approval, this text shall be forwarded to the parties for acceptance. 4. Any amendment shall enter into force on the thirtieth day after all the parties have informed the Secretary General of their acceptance thereof. CHAPTER VIII ALLEGED VIOLATION OF this CONVENTION article 24-Alleged violation of this Convention When (a) 1 (a) finds violation of Party this Convention, it shall communicate it to the transmitting Party the alleged violation and the two parties shall endeavour to overcom the difficulty on the basis of the provision of articles 19, 25 and 26, 2. If the alleged violation is of a manifest , serious and grave nature which raises important public issues of and concerns articles 7, paragraphs 1 or 2, 12, 13, paragraph 1, first line, 14 or 15, paragraphs 1 or 3, and if it will persist within two weeks following the communication, the receiving Party may suspend provisionally the retransmission of the incriminated programme service. 3. In all other cases of alleged violation, with the exception of those provided for in paragraph 4, the receiving Party may suspend provisionally the retransmission of the incriminated programme service eight months following the communication, if the alleged violation persist. 4. The provisional suspension of retransmission shall not be allowed in the case of alleged violation of articles 7, paragraph 3, 8, 9 or 10. CHAPTER IX settlement OF DISPUTE on article 25 1 Acas. In case of difficulty arising from the application of this Convention, the parties concerned shall endeavour to achieve a friendly settlement. 2. Unless one of the parties concerned objects, the Standing Committee may examin the question, by placing itself at the disposal of the parties concerned in order to reach a satisfactory solution as rapidly as possible and, where appropriate, an advisory opinion the formulat on the subject. 3. Each party concerned to accord the undertak Standing Committee without delay all information and facilities not cessary for the discharge of its functions under the preceding paragraph. Article 26 Arbitration 1 If the parties concerned cannot settle the dispute in accordanc with the provision of article 25, they may, by common agreement, submit it to arbitration, the procedure of which is provided for in the appendix to this Convention. In the absence of such an agreement within six months following the first request to open the procedure of Acas, the dispute may be submitted to arbitration at the request of one of the parties. 2. Any Party may, at any time, declare that it's sharp recognis compulsory ipso facto and without special agreement in respect of any other Party accepting the same obligation, the application of the arbitration procedure provided for in the appendix to this Convention. CHAPTER X OTHER INTERNATIONAL agreements AND INTERNATIONAL LAW OF the parties article 27 Other international agreements or arrangements 1. In their mutual relations, parties which are members of the European Economic Community shall apply Community rules and shall not therefore apply the rules arising a from this Convention except in so far as there is no Community rule concerned each the particular subject. 2. Nothing in this Convention shall prevent the parties from concluding international agreements completing or developing its provision or extending their field of application. 3. In the case of bilateral agreements, this Convention shall not alter the rights and obligations of parties which «arise from such agreements and which do not affec the enjoymen of other parties of their rights or the performance of their obligations under this Convention. Article 28 relations between the Convention and the internal law of the parties Nothing in this Convention shall prevent the parties from applying stricter or more detailed rules than those provided for in the Convention to programme services transmitted by entities or by technical means to within their jurisdiction, within the meaning of article 3. CHAPTER XI FINAL PROVISION article 29 signature and entry into force 1 this Convention shall be open. for signature by the member States of the Council of Europe and the other States party to the European Cultural Convention, and by the European Economic Community. It is subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. 2. 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 seven States, of which at least five member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordanc with the provision of the preceding paragraph. 3. A State may, at the time of signature or at any later date prior to the entry into force of this Convention in respect of that State, declare that it shall apply the Convention provisionally. 4. In respect of any State referred to in paragraph 1, or the European Economic Community, which subsequently express their consent to be bound by it, this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of ratification, acceptance or approval. Article 30 Accession by Mona-member States 1. After the entry into force of this Convention, the Committee of Minister of the Council of Europe, after consulting the Contracting States may invite any other State to accede to this Convention by a decision taken by the majority provided for in article 20 d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee. 2. In respect of any acceding State, this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe. Article 31 Territorial application 1 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply. 2. Any State may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory, the Convention shall enter into the force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General. 3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawals shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of such notification by the Secretary General. Article 32 reservations 1. At the time of signature or when depositing its instrument of ratification, acceptance, approval or accession any State may: a. declare that it reserve the right to restrict the retransmission of it solely on their territory, the exten to that it does not comply with its domestic legislation, of programme services containing advertisements for alcoholic beverages according to the rules provided for in article 15 , paragraph 2, of this Convention; b. the United Kingdom may declare that it reserve the right not to fulfil the obligation, set out in article 15, paragraph 1, to be advertisements for prohibi tobacco products, in respect of advertisements for cigar and pipe tobacco broadcast by the Independent Broadcasting Authority by terrestrial means on its territory. Other reservation may be made. 2. A reservation made in accordanc with the preceding paragraph may not be the subject of an objection. 3. Any Contracting State which has made a reservation under paragraph 1 may wholly or partly withdraw it by means of a notification addressed to the Secretary General of the Council of Europe. The withdrawals shall take effect on the date of receipt of such notification by the Secretary General. 4. A Party which has made a reservation in respect of a provision of this Convention may not claim the application of that provision by any other Party; It may, however, if its reservation is partial or conditional, claim the application of that provision in so far as it has itself accepted it. Article 33 Denunciation 1 Any Party may, at any time, denounc this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General. Article 34 notifications the Secretary General of the Council of Europe shall notify the member States of the Council, the other States party to the European Cultural Convention, the European Economic Community and any State which has acceded to, or has been invited to accede to this Convention of: a. any signature; b. the deposit of any instrument of ratification, acceptance, approval or accession; c. any date of entry into force of this Convention in accordanc with the provision of articles 29, 30 and 31; d. any report established in accordanc with the provision of article 22; e. any other Act, declaration, notification or communication relating to this Convention. In witness whereof the undersigned, being duly authorised, have signed theret this Convention. Done at Strasbourg, the 5th day of May 1989, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe, to the other States party to the European Cultural Convention, to the European Economic Community and to any State invited to accede to this Convention.
APPENDIX 1 A request for arbitration shall be notified to the Secretary General of the Council of Europe. It shall include the name of the other party to the dispute and the subject matter of the dispute. The Secretary General shall communicate the information so received to all the parties to this Convention. 2. In the event of a dispute between two parties one of which is a member State of the European Economic Community, the latter itself being a Party, the request for arbitration shall be addressed both to the member State and to the Community, which jointly shall notify the Secretary General, within one month of receipt of the request, the member State or whethers the Community , or the member State and the Community jointly, shall be party to the dispute. In the absence of such notification within the said time-limit, the member State and the Community shall be considered as being one and the same party to the dispute for the purpose of the application of the provision in the constitution and each time the procedure of the arbitration tribunal. The same shall apply when the member State and the Community jointly present themselves as party to the dispute. In the cases envisaged by this paragraph, the time-limit of one month foreseen in the first line of paragraph 4 hereafter shall be extended to two months. 3. The arbitration tribunal shall consis of three members: each of the parties to the dispute shall be appoin one arbitrator; the arbitrator so appointed shall two designat by common agreement the third arbitrator who shall be the chairman of the tribunal. The latter shall not be a national of either of the parties to the dispute, nor have his usual place of residence in the territory of either of those parties, nor be employed by either of them, nor have to deal with the case in another capacity. 4. if one of the parties has not appointed an arbitrator within one month following the communication of the request by the Secretary General of the Council of Europe, he shall be appointed at the request of the other party y the President of the European Court of Human rights within a further one-month period. If the President of the Court is unable to act or is a national of one of the parties to the dispute, the appointment shall be made by the Vice-President of the Court or by the most senior judge to the Court who is available and is not a national of one of the parties to the dispute. The same procedure shall be observed if, within a period of one month following the appointment of the second arbitrator, the Chairman of the arbitration tribunal is not designated. 5. The provision of paragraphs 3 and 4 shall apply, as the case may be, in order to fill any vacancy. 6. Two or more parties which determin by agreement that they are in the same interest shall be an arbitrator jointly. appoin 7. The parties to the dispute and the Standing Committee shall provide the arbitration tribunal with all facilities not cessary for the effective conduct of the proceedings. 8. The arbitration tribunal shall draw up its own rules of procedure. It shall be taken by a majority decision in a vote of its members. It shall be final and binding award. 9. The award of the arbitration tribunal shall be notified to the Secretary General of the Council of Europe who shall communicate it to all the parties to this Convention. 10. Each party to the dispute shall bear the expense of the arbitrator appointed by it; These parties shall share equally the expense of the other arbitrator, as well as others entailed by the arbitration.

The European Convention on Transfrontier Television preamble here signed the Council of Europe Member States and other States which are members of the European cultural Convention, considering that the aim of the Council of Europe is to achieve greater unity between its members for the protection and implementation of the objectives and principles which are their common heritage; considering that everyone's respect and value forms the core elements of these principles; considering that the Convention for the protection of human rights and fundamental freedoms contained in article 10 of the freedom of expression and information principle is one of the most fundamental principles of democratic societies and the basic conditions for its progress and for the development of every human being; Reaffirming confidence in the free flow of information, ideas and the principles of the independence of the broadcaster, which is not missing it created the basic broadcasting policy; Affirming the importance of television culture and perspective development of free creation in conditions which guarantee the pluralism of views and equal opportunities to all democratic groups and political parties; convinced that the continuous information and communication technologies for development, despite international boundaries, facilitate the right to express, to seek, receive and impart any information of origin; Desiring to offer viewers greater choice of service programs to enrich the European heritage and develop the work of the European audiovisual area and committing to achieve these objectives, the cultural effort to increase high-quality programming and distribution, in order to meet viewers ' expectations, the policy in the field of education and culture; Recognizing the need to harmonise the common broad body of law; Bearing in mind European Ministers 1. Conference on mass media policy "Declaration and resolution No. 2; Desiring to develop the principles embodied in the Council of Europe recommendations on television advertising, the principle of equality between men and women in the media, on the use of satellite capacity for television and radio, for the production of audiovisual programmes promotion in Europe, have agreed as follows: chapter I General provisions article 1 the purpose of this Convention the Convention is applicable to the broadcasting services. Its purpose is to facilitate the cross-border transmission and television programme service retranslēšan between the States parties. Article 2 of the Convention, the terms used for the purposes of this Convention: (a)) "broadcasting" means the initial public broadcast television programme services with any kind of ground and satellite transmitter or via cable networks in coded or exposed. This concept does not include communication services, which are provided by individual request; b) "retransmission" means the complete and unaltered publicly broadcast television programme services, or important parts of such services, and the proliferation of instant reception regardless of the technical means used; (c)) "broadcaster" means the natural or legal person who produces public broadcast television program services and transmit them or ask them to make a complete and unaltered form to a third party; (d)) "program services" means all services contained within elements that ensure a broadcaster within the meaning of the previous paragraph; e) "European audiovisual works" means creative work or co-productions, which controls the creation of European natural or legal persons; f) "advertising" means any public statement that is transmitted for the purpose of promoting the sale of goods and services, purchase or hire, in order to advertise one thing or idea in order to achieve the desired effect for the advertiser, and advertiser has paid or otherwise rewarded for advertising the broadcasting time; g) "sponsorship" means the broadcasting or audiovisual creation does not involve natural or legal persons directly or indirectly participating in the financing of programmes with a view to promoting the name, trademark or image. Article 3 scope of the Convention, the Convention is applicable to any service that the jurisdiction of the Member States of the Convention held organization or technical means, transmitted or retransmitted by cable networks, satellite, or terrestrial transmitter and which directly or indirectly can be perceived in one or more other Member States of the Convention. Article 4 freedom of Reception and retransmission of the Member States in accordance with the Convention for the protection of human rights and fundamental freedoms, article 10 of the Convention to ensure freedom of expression and information, freedom of television reception and must not restrict the retransmission of programme services of their countries, which comply with the provisions of this Convention. Article 5 of the Convention, the obligations of the Member States transmitting 1. All parties to the Convention raidošaj, using appropriate means and competent institutions, should ensure that all program services that distributes the jurisdiction of the Member States in the organization or the technical means within the meaning of article 3, to comply with the provisions of this Convention. 2. for the purposes of this Convention, the Member State has: (a) streaming) broadcast in the case of land, the Member State in which the signal transmission is launched; (b) in the case of satellite broadcasting): (i) the Member State in which the satellite transmitting station; (ii) a Member State which gives the right to use a frequency or a satellite capacity if the satellite transmitting station is located in a State which is not party to the Convention; (iii) if in accordance with (i) and (ii) responsibility is not determined, the competent Member State shall be that in which the broadcaster has its head office;
3. If the application services that originate from countries which are not Member States of the Convention, the jurisdiction of the Member States of the Convention, retransmitted in organizations and the technical means within the meaning of article 3 of the Convention, the Member State which carried out this Act, with the proper tools and competent institutions to ensure compliance with the provisions of this Convention. Article 6 provision of information 1. Broadcasters responsibilities must be clearly and adequately presented either in the form of a broadcast licence, which is issued to each Member State, the competent institution of the Convention, or must be presented in the form of a contract concluded with that institution, or any other legally acceptable manner. 2. any streaming of this Convention, the competent institution of the Member State, on request, be provided for broadcasting information. This information should include, as a minimum, the broadcaster's name, the name, location and legal status, the name, the legal representative of the broadcaster's capital made or future program services, objectives, sources of funding. Chapter II programming article 7 responsibilities of the broadcaster 1. All program parts and services and contents must respect human dignity and the fundamental rights of others. These program services may not: (a)) does not contain a courtesy, especially pornography; b) unduly glorify violence or encourage racial hatred; 2. All application service components which may be harmful to the child and adolescent physical, mental or moral development may not be broadcast at a time when they most likely a watch of this programme; 3. the broadcaster must ensure that facts and events news programmes would be reflected in the objective and to those programmes facilitate the free exchange of views. Article 8 right of distribution 1. response to each of the Member State transmitting the Convention must ensure that any natural and legal person regardless of nationality or place of residence should be able to use the right to distribution of response or the use of other legal or administrative measures in relation to its jurisdiction of organization or technical means, within the meaning of article 3, or pārraidītaj r e translētaj programs. In particular, it should ensure that the right of reply are implemented effectively and their implementation do not unduly delay the term or terms. This law and other legal or administrative resources to ensure effective implementation of both the broadcasting time and other conditions. 2. To this end, the program services on a regular basis must specify the responsible broadcaster. Article 9 transmission of important events, the availability for each State party to devote attention to the legal remedies that help avoid, so that the audience is denied the right to obtain information so that the broadcaster owns the audience very interested in exclusive broadcasting of the measures or retransmission, within the meaning of article 3, the right, and so a large part of the audience in one or several other Member States would not be able to follow the event on television. Article 10 cultural objectives 1. the transmitting State party, if practicable, by appropriate means, ensure that broadcasters set aside European countries create jobs in proportion to the greater part of their transmission time, excluding the time devoted to news, sports events, games, advertising and Teletext services. This proportion, in accordance with the broadcasting of information, education, culture and entertainment functions and responsibilities to the viewers, to be achieved in the progressive agenda, on the basis of suitable criteria. 2. If the State party between the receiving and transmitting to the parties to the Convention in the context of the previous paragraph, the disagreement of one or other Member States may submit a request to the Standing Committee to give its advisory opinion in the matter. This kind of dispute is not to be addressed by article 26, n o the arbitration procedures. 3. the parties to the Convention without any discrimination between broadcasters undertake jointly to seek the best means and methods to support the work of the European national development of production, especially in those countries where there is a large audiovisual production capacity or the use of the language of the region is small. 4. The Member States set out in the Convention and cooperation in a spirit of mutual assistance should try to avoid it, to services that distributed or retransmitted in the jurisdiction of a Member State of the body or the technical means within the meaning of article 3, endanger the existence of pluralism not the public media and the development of kinoindustrij. The following program services must not transmit cinematographic work, if not the last two years, since they were first shown in cinemas, where one between this and broadcasters rights holders do not have any other agreement; in case the cinematographic works are created in cooperation with broadcasters, this restriction period is one year. Chapter III advertising article 11 General conditions 1. Advertisements must be truthful and honest. 2. Advertising should not mislead and threaten the interests of consumers. 3. Advertisements intended for children and with children, should avoid everything that might harm their interests, should take into account the specific perception of the child. 4. The advertiser must not have any influence on the editorial content of the programme. Article 12 the amount of Advertising 1 Advertising time must not exceed 15 percent of the 24-hour broadcasting time. This amount may be increased to 20 percent, including such advertising as direct offers of goods or services in order to sell, buy or rent, if the short story is the total amount of advertising shall not exceed 15 per cent. 2. Short advertising scenes in a single raidstund must not exceed 20 percent. 3. The promotional ways direct offers of goods or services in order to sell, buy or rent, must not exceed one hour per day. Article 13 ad and use form 1. advertising must be clearly distinguishable from one another and enclosed program types, separated by optical or acoustic means. The broadcast advertising blocks. 2. Advertising, which act on the unconscious, is not acceptable. 3. the hidden advertising is not allowed, if the programs are shown on the product or service and it is done for promotional purposes. 4. the Advertising must not use personal image and voice material if the person regularly runs news and topical problems in public broadcasts. 14. Article 1 of the advertising advertising builds between programs. If you are satisfied that article 2 point 5.-conditions may also include advertising programs, but in such a way that it does not undermine the integrity and value of the programme and intact the rights of copyright holders. 2. the programmes consisting of autonomous parts, sports programs and similar events and shows which of the measures is the pause, ad to deploy between those parts, or pause. 3. Disseminating audiovisual works such as feature films, (excluding series, serials, entertainment and documentary programs) if they are longer than 45 minutes, ad allowed for only one time every 45 minutes. Repeated inclusion of advertising allowed only if the job is about 20 minutes longer than two or more 45-minute periods. 4. If the advertising included in the programme, to which paragraph 2 does not apply, between each program included in the ad must be at least 20 minutes for a break. 5. the advertising must not include religious ceremony during broadcasting. Ads must not include news, topical public issues, documentaries, religious programmes, and children in the program, if their duration does not exceed 30 minutes. If the duration is 30 minutes, and more of the previous paragraph apply. Article 15 advertising of certain products Not permitted 1 tobacco ads. 2. All Forms of alcohol advertising must comply with the following provisions: (a)) they should not be addressed to minors and minors may participate; (b) the use of alcoholic beverages) may not link to physical activity and driving; (c)) they may not be expressed views that alcohol has therapeutic qualities and has a stimulant or sedative effect, or that it helps solve the problem of personal nature; d) they must not encourage excessive alcohol consumption or negatively reflect abstinence or moderation of alcohol consumption; (e)) should not emphasize alcohol content in alcoholic beverages. 3. Do not allow the cures and therapeutic help ads that streaming is only available in the Member State by a doctor's prescription or a doctor's instructions. 4. Other types of cures and medical service ads must be identifiable, fair, truthful and relevant competent bodies, as well as approved must comply with the individual requirements of protection against injury. Article 16 Ad, which is transmitted to any State party 1. in order to avoid distortions in competition and endangering the television system of the Convention, only one transmitting ads Member audience, which in this case is not the Member State transmitting the Convention, must not be violated broadcasting rules on tv advertising in the State party. 2. the provisions of the preceding paragraph do not apply if: (a) the relevant provisions constitutes) discriminatory conditions for ads, which broadcasts under the jurisdiction of the States parties held by the organisation or technical features, and ads, which broadcasts under the jurisdiction of another Member State in the organisation and technical features; or (b)) the interested parties in this field have concluded bilateral or multilateral agreements. Chapter IV sponsorship article 17 General provisions 1. If a program or program cycle are sponsored, in whole or in part, it must be clearly indicated with appropriate reference at the beginning of the program and/or end. 2. A Sponsor may not influence sponsored program content or transmitting timing, thus limiting the broadcaster's editorial independence; 3. Sponsored Programme may not promote or sponsor any third party goods or services, including those encouraging guidance for the sale of goods or services, purchase, rent or use. Article 18 ban on Sponsorship 1. Natural or legal persons whose business is directly related to the production of goods or the provision of services, the advertising of which is prohibited under the provisions of article 15 shall not be program sponsor i.2. News and topical problems of public broadcast sponsorship is not permitted. Chapter v mutual assistance between MEMBER STATES article 19 1 of the cooperation between Member States for the implementation of this Convention, the Member States undertake to provide each other with mutual assistance. 2. For that purpose: (a) each Contracting State) create one or more public bodies. Transfer of documents concerning the ratification, acceptance, accession, or the Secretary General of the Council of Europe should be informed of the institution name and location; (b) each Contracting State) who created more than one institution, in its statement in accordance with subparagraph (a)) is to clarify the competence of each institution. 3 Convention established the national institution is: (a) of the Convention) should be provided in article 6 (2) of the information; (b)) by other States parties, at the request of the institutions to provide information on their national laws and practices in matters under this Convention; (c)), and if necessary, especially if this would promote the effective implementation of the Convention, to cooperate with the other institutions of the Member States of the Convention; (d)) to consider all the difficulties that the implementation of this Convention is paid attention other State institution. Chapter VI Standing Committee article 20 Standing Committee 1. Attainment of the objectives of the Convention is to be established by the Standing Committee. 2. Each of the Member States within the Standing Committee to the Convention, may be represented by one or more delegates. Each delegation has one vote. In matters within their competence, the European Economic Community shall have the right to participate with the votes of the Member States of the community as it has acceded to this Convention. The European Economic Community shall not exercise its right to vote in cases where the right to vote of the Member States of the community, and vice versa. 3. any State that should be in the article 29, paragraph 1, of the rules and which is not a Contracting Party to the Convention, the Standing Committee may act as an observer. 4. To carry out its functions, the Standing Committee may seek the advice of experts. On his own initiative or at the request of the interested institutions may invite any international or national, governmental or non-governmental institutions, the representative or the authority which is the Convention in question affected, to act as an observer in any meeting or hearing. The decision on inviting the experts or bodies shall be adopted by 3/4 of Standing Committee members. 5. the Standing Committee at its first meeting invited the Secretary-General of the Council of Europe. Its first meeting is to take place within 6 months after the entry into force of this Convention. The next meeting will be convened at the request of 1/3 of the States parties or the Committee of Ministers of the Council of Europe, or at the initiative of the Secretary-General of the Council of Europe in accordance with paragraph 2 of article 23 of the rules, or by one or more Member States, on request of the Convention in accordance with article 21 (c)) and article 25 paragraph 2 of. 6. the meeting of the Standing Committee on the quorum required shall be the representative of the Member States. 7. in accordance with paragraph 4 and paragraph 3 of article 23 of the rules of the Standing Committee decisions should be taken with a 3/4 majority of the members present. 8. in accordance with the provisions of the Convention the Standing Committee should establish its rules. Article 21 functions of the Standing Committee the Standing Committee is responsible for the use of the Convention. It may: (a) the Member States of the Convention) to provide recommendations on the application of the Convention; (b)) to propose any necessary amendments to the Convention and examine those recommendations in accordance with the provisions of article 23; c) at the request of several Member States to examine questions concerning the interpretation of the Convention; (d)) to do everything possible to ensure a peaceful solution of the dispute in accordance with the provisions of article 25; e) make recommendations to the Committee of Ministers invited the Convention to join the States that does not apply to article 29, paragraph 1. Article 22 reports of the Standing Committee after each meeting of the Standing Committee should give the Convention and the Committee of Ministers of the Council of Europe a report on the last the discussion and decisions taken. Chapter VII amendments article 23 amendments 1. each State party may propose amendments to the Convention. 2. any proposed amendments must be notified to the Secretary-General of the Council of Europe, for which this notification must be sent to the Member States of the Council of Europe, other European cultural Convention, to the European Economic Community and to all States which do not belong to the Member States of the Council of Europe and who joined or been invited to accede to this Convention in accordance with the provisions of article 30. The fastest in the two months following the submission of a proposed amendment to the Secretary-General of the Council of Europe shall convene the meeting of the Standing Committee. 3. The Standing Committee shall examine any amendment proposed and the Standing Committee with a 3/4 majority of the members of the text adopted should be submitted to the Committee of Ministers for approval. The approved text will be circulated to the States parties for acceptance. 4. any amendment shall enter into force on the thirtieth day after all parties have informed the Secretary General of their acceptance. Chapter VIII the possible violation of the provisions of the Convention article 24 possible infringements of the provisions of the Convention 1. If a State party to the Convention, seen no irregularities, it is necessary to inform about this alleged violation of the Convention, the Member State carrying out the Act, and two Member States must endeavour jointly to overcome the contradictions incurred based on 19, 25 and 26 article. 2. If the alleged infringement is manifest, serious and serious discussions in society, and this is related to the infringement of article 7, paragraph 1 or 2; 12. Article 13, paragraph 1, first sentence; 14. Article 15 (1) or (3), and if it continues two weeks after submission of the notification, then the signal to the receiving party may suspend provisionally the retransmission of certain programs. 3. In all other cases of alleged violation, with the exception referred to in paragraph 4, a Member State may temporarily suspend the retransmission of those programmes, eight months after the notification of the infringement, if it still persists. 4. Retransmission of termination is permitted in article 7 and 8, 9 or 10 of the irregularities mentioned in article. Chapter IX settlement of disputes article 25 procedure for amicable settlement procedure 1. If the application of this Convention in the event a dispute arises, the parties concerned must endeavour to find a peaceful solution to it. 2. If none of the interested parties do not object, then the Standing Committee together with these Member States can engage in issue in the dispute, so as soon as possible, reach a satisfactory solution and, if necessary, in the present case, the Committee provided consultative opinion. 3. Each of the parties concerned undertake to provide without delay to the Standing Committee for any necessary information and assistance to enable it to carry out its functions, as laid down in the previous paragraph. Article 26 arbitration 1. If the parties concerned fail to reach a settlement in accordance with the provisions of article 25, they may, by mutual consent, submit the case to arbitration, in which the court procedures is attached in the annex to the Convention. If settlement is not reached within six months from the first request, initiate the procedure, per request of an interested party may submit the dispute to arbitration. 2. Each of the Member States of the Convention may at any time declare that it considers compulsory ipso facto and without special agreement with another State party assumes this commitment and recognize the use of the arbitration procedure, as set out in the annex attached to the Convention. Chapter x other international agreements and the internal law of the Member States article 27 other international agreements or arrangements 1. The States parties which are members of the European Economic Community the Member States shall, in their mutual relations should be guided by Community law and the provisions of this Convention would apply only if the scope of a community is not a regulatory law. 2. The provisions of this Convention shall not prevent the States parties of the international contracts which complement or develop conditions or of the Convention extended the application of these provisions. 3. in the case of bilateral agreements, this Convention does not introduce changes to the Convention on the rights and obligations laid down in the treaties and which do not affect the rights of other Member States or their responsibilities in the context of this Convention. Article 28 of the Convention and the internal law of the Member State of the provisions of this Convention are not an obstacle to States parties concerning the services which distribute the jurisdiction held by the organisation or by technical means within the meaning of article 3 apply a stricter and more detailed rules than the rules set out in this Convention. Chapter XI FINAL provisions article 29 signature and entry into force of the Convention can be signed 1 Member States of the Council of Europe, other European cultural Convention and the European economic community. It is subject to ratification, acceptance or approval. Documents for the ratification, acceptance or approval must be submitted to the Secretary-General of the Council of Europe. 2. the Convention shall enter into force on the first day of the fourth month, counting from the date on which seven States, of which at least five are Member States of the Council of Europe, in accordance with the provisions of the preceding paragraph, have expressed their consent to be bound by the provisions of this Convention. 3. At the time of signature or at a later time, even before the entry into force of the Convention in its territory, the State may be determined for the provisional application of the Convention in its territory. 4. In respect of any State referred to in paragraph 1 or of the European Economic Community, which express their consent to be bound to the provisions of the Convention, the Convention shall enter into force after it is submitted for the ratification, acceptance or approval. Article 30 States that are not Member States of the Council of Europe, accession to the Convention 1. once the Convention has entered into force, the Committee of Ministers of the Council of Europe, after consulting the Contracting States, may invite any other State to accede to this Convention. Such a decision is adopted by the Council of Europe Statute) article 20 d of the majority and unanimous in their vote of the representatives of the Contracting States, which are entitled to be represented in the Committee. 2. the countries that accede to the Convention, it shall enter into force on the first day of the fourth month, counting from the date on which the Secretary-General of the Council of Europe has been submitted for accession to this Convention. Article 31 of the Convention cover areas 1. Any State may at the time of signature, or by submitting the documents for ratification, acceptance, approval or accession, specify the territory or territories to which the Convention applies. 2. Any State may, at any time and later sending to the Secretary General of the Council of Europe your declaration, you can expand the scale of application of the Convention to any other territory specified in the Declaration. In this territory the Convention shall enter into force on the first day of the fourth month, counting from the date on which the following statement is received by the Secretary-General. 3. Any declaration relating to the specific areas that are determined in accordance with the provisions of the two preceding points, may be withdrawn by notification to the Secretary-General about it. The withdrawal shall take effect on the first day of the seventh month from the date on which the Secretary-General has received the following cancellation. Article 32 reservations 1. At the time of signature or submit a document for ratification, acceptance, approval or accession: a) any State may declare that it reserves the right to restrict the application in its territory of retransmission that contain advertising of alcoholic beverages, in accordance with article 15 of the Convention, the provisions of paragraph 2, but only to the extent that these programs do not comply with the domestic legislation of the State; (b)), the United Kingdom may declare that it reserves the right not to fulfil article 15, paragraph 1 of the tobacco advertising ban in the case of cigars and pipe tobacco ads, which with the help of land lines in the territory of the State programme for the independent broadcasting association/IBA/. No other reservations may not be fixed. 2. where the wording of the disclaimer set in accordance with the provisions of the preceding paragraph, may not be the basis for the objection. 3. Any Contracting State which has formulated a reservation, in accordance with the provisions of paragraph 1, they may be withdrawn in full or in part, by sending a notification to the Secretary-General of the Council of Europe. Withdrawal shall take effect on the date on which the Secretary-General has received the following statement. 4. the State which formulated the reservation, the provisions of the Convention may not claim the application of these conditions by any other party; and yet, if the reservation is associated with partial or temporary conditions, a Member State may require this disclaimer apply to the extent that this country has accepted it. Article 33 denunciation 1 any State may at any time denounce this Convention by means of a notification adressed to the Secretary-General of the Council of Europe. 2. Such denunciation shall in force on the first day of the seventh month from the date on which the Secretary-General received the following announcement. 34. the article reports the Secretary-General of the Council of Europe should give the Member States of the Council of Europe, the other, the European cultural Convention, to the European Economic Community and any State which has acceded to or has been invited to accede to the Convention, reports on: (a) any signature of the Convention); (b) of the Convention) any instrument of ratification, acceptance, approval or accession; c) any date of entry into force of the Convention in accordance with article 29, 30 and 31; (d)) any communication is filed in accordance with the provisions of article 22; (e)) any other Act, notification or information relating to this Convention. In witness whereof the undersigned, duly authorized, sign this Convention. Prepared in Strasbourg, 5 May 1989 in the English and French languages, both texts being equally authentic, in a single copy, which is transferred to the archives of the Council of Europe. The Secretary General of the Council of Europe send certified copies to each Member State of the Council of Europe and other European cultural Convention, to the European Economic Community and any country that is invited to accede to this Convention.
Annex 1 of the request for the ARBITRATION to proceed to arbitration must be submitted to the Secretary-General of the Council of Europe. It should include the other party to the dispute shall name and should outline the nature of the dispute. The Secretary-General should transmit the information received to all States parties. 2. in the event that one of the two parties to the dispute are parties to the European economic community, then please proceed to arbitration must be addressed both to the Member State of the community and the community that one month after the receipt of the request in a joint notice will inform the Secretary-General whether the community or the Member States of the community, or a Community Member State and the community jointly involved in this case as one of the parties. If such a statement is not filed within that period, the Member States of the community and the community will be considered as one party to the dispute and will be determined by the arbitral tribunal and the procedural conditions. The condition is valid even if the Member States of the community and the community jointly declare that one party to the dispute. In the cases provided for in paragraph 4, the deadline mentioned in the first sentence, be extended for two months. 3. the arbitral tribunal shall consist of three members. Each of the parties to the dispute shall select one arbitrator; This way the arbitrators selected by common agreement the third arbitrator to be chosen, which should become the President of the Tribunal. The latter shall not be a national of the parties to the dispute to a citizen, his constant living and working space must not be in one of the countries involved in the dispute, and he may not be linked to the case. 4. If one of the parties have not chosen an arbitrator within one month after the Secretary General of the Council of Europe has made his request to do so, then the arbitrator within one month of the request of the other party, you can choose the President of the European Court of human rights. If the President of the Court, it cannot be done, or if he is one of the parties to the dispute, the arbitrator in the State courts of Vice President choice or the senior judge at the time, if he is not one of the parties to the dispute in the State. The following procedure must be followed even if a month after the nomination of the arbitrator of the arbitral tribunal has not been chosen by the President. 5. paragraphs 3 and 4 of the terms used in those cases, if the above posts are free. 6. two or more parties who decide that they have a common interest, the arbitrator selected jointly. 7. The parties to the dispute and the Standing Committee shall provide the Arbitration Tribunal all productivity needs. 8. the arbitral tribunal shall establish its own procedural rules. The Tribunal's decisions must be taken by a majority of its members. Decisions are final and binding. 9. the arbitral tribunal shall notify the Secretary-General of the Council of Europe, who shall inform all Member States of this Convention. 10. Each of the parties to the dispute must bear the expenses of the arbitrator chosen. Both parties in equal parts to cover the expenses of the third arbitrator as well as all other expenditure related to this arbitration case.