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RS 0.822.723.8 Convention no 138 of 26 June 1973 concerning the minimum age for admission to employment

Original Language Title: RS 0.822.723.8 Convention no 138 du 26 juin 1973 concernant l’âge minimum d’admission à l’emploi

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0.822.723.8

Original text

Convention n O 138 concerning the minimum age for admission to employment

Concluded at Geneva on 26 June 1973

Approved by the Federal Assembly on March 18, 1999 1

Instrument of ratification deposited by Switzerland on 17 August 1999 2

Entry into force for Switzerland on 17 August 2000 3

(State on 13 May 2014)

The General Conference of the International Labour Organization,

Convened in Geneva by the Governing Council of the International Labour Office, meeting on 6 June 1973, at its fifty-eighth session;

After deciding to adopt various proposals relating to the minimum age for admission to employment, which is the fourth item on the agenda of the session;

Noting the terms of the Minimum Age Convention (industry) 4 , 1919, Convention on Minimum Age (Maritime Labour), 1920, Convention on Minimum Age (Agriculture), 1921, Minimum Age Convention (Sutiers and Drivers) 5 , 1921, the Minimum Age Convention (non-industrial work), 1932, of the (revised) Convention on Minimum Age (Maritime Labour) 6 , 1936, the (revised) Convention of the Minimum Age (Industry), 1937, the (Revised) Minimum Age Convention (Non-Industrial Work), 1937, the Minimum Age Convention (Fishermen), 1959 and the Minimum Age Convention (Work Underground) 7 , 1965;

Whereas the time has come to adopt a general instrument on this subject, which should gradually replace the existing instruments applicable to limited economic sectors, with a view to the total abolition of child labour;

After deciding that the instrument would take the form of an international convention,

Adopts, This twenty-sixth day of June, nine hundred and seventies, the following convention, which will be known as the Minimum Age Convention, 1973:

Art. 1

Any Member for which this Convention is in force undertakes to pursue a national policy to ensure the effective abolition of child labour and to progressively raise the minimum age for admission to employment or work at a national level. Level enabling adolescents to achieve the most complete physical and mental development.

Art. 2

1. Any Member ratifying this Convention shall specify, in a declaration annexed to its ratification, a minimum age for admission to employment or work in its territory and in the means of transport registered in its territory; Reservation of the provisions of s. 4 to 8 of this Convention, no person of an age below that minimum shall be admitted to employment or work in any profession.

2. Any Member which has ratified this Convention may subsequently inform the Director General of the International Labour Office, through new declarations, that it is the minimum age specified above.

3. The minimum age specified in accordance with par. 1 of this article shall not be less than the age at which compulsory education ceases, nor in any case at 15 years.

4. Notwithstanding the provisions of s. 3 of this Article, any Member whose economy and the educational institutions are not sufficiently developed may, after consulting the organisations of employers and workers concerned, if they exist, specify, in a first Stage, a minimum age of fourteen years.

5. Any Member who has specified a minimum age of fourteen years under the preceding paragraph shall, in the report which he is required to submit under Art. 22 of the Constitution of the International Labour Organization 1 , declare:

(a)
The reason for its decision persists;
(b)
Or that he or she waives the use of s. 4 above from a specified date.

Art. 3

The minimum age for admission to any type of employment or work which, by its nature or the conditions under which it is exercised, is likely to endanger the health, safety or morals of adolescents shall not be less than eighteen Years.

2. The types of employment or work referred to in s. 1 above shall be determined by national legislation or the competent authority, after consultation with employers'and workers' organisations, if any.

3. Notwithstanding the provisions of s. 1 above, national legislation or the competent authority may, after consultation with employers'and workers' organisations, if any, authorise the employment or work of adolescents at the age of sixteen, provided that Their health, safety and morals are fully guaranteed and that they have received, in the relevant industry, a specific and adequate instruction or vocational training.

Art. 4

1. In so far as this is necessary and after consulting the organisations of employers and workers concerned, if any, the competent authority may not apply this Convention to limited categories of employment or Work where the application of this Convention to these categories would raise special and important enforcement difficulties.

(2) Any Member ratifying this Convention shall, in the first report on the application of the Convention which it is required to submit under Art. 22 of the Constitution of the International Labour Organization 1 , indicate, with grounds for support, the categories of employment that would have been excluded under subs. 1 of this article, and set out, in its subsequent reports, the status of its legislation and practice in relation to those categories, specifying the extent to which it has been given effect or proposed to give effect to this Convention in respect of Of those categories.

(3) This Article does not permit the exclusion of employment or work referred to in this Convention from the scope of this Convention. 3.


Art. 5

1. Any Member whose economy and administrative services have not attained sufficient development may, after consulting the organisations of employers and workers concerned, if any, limit, in a first step, the field Of the application of this Convention.

2. Any Member who avails himself of s. 1 of this Article shall specify, in a declaration annexed to its ratification, the branches of economic activity or types of undertakings to which the provisions of this Convention shall apply.

3. The scope of this Convention shall include at least: the extractive industries; manufacturing industries; construction and public works; electricity, gas and water; health services; transport; Warehouses and communications; plantations and other agricultural enterprises used primarily for commercial purposes, excluding family or small-scale enterprises producing for the local market and not employing Regular employees.

4. Any Member who has limited the scope of the Convention under this Article:

(a)
Shall indicate in the reports that it is required to submit under s. 22 of the Constitution of the International Labour Organization 1 , the general situation of the employment or work of adolescents and children in industries which are excluded from the scope of this Convention and any progress made towards a wider application of the Provisions of the Convention;
(b)
May, at any time, extend the scope of the Convention by a declaration addressed to the Director General of the International Labour Office.

Art. 6

This Convention shall not apply to work carried out by children or adolescents in general education establishments, in vocational or technical schools or in other vocational training institutions, or in the Work carried out by persons of at least 14 years in undertakings, where such work is carried out in accordance with the conditions prescribed by the competent authority after consulting employers'and workers' organisations Interested, if any, and is an integral part of:

(a)
An education or vocational training whose primary responsibility lies with a school or vocational training institution;
(b)
A vocational training programme approved by the competent authority and carried out mainly or wholly within a company;
(c)
An orientation program designed to facilitate the choice of a profession or type of vocational training.
Art. 7

(1) National legislation may authorize the use of light work by persons between thirteen and fifteen years of age or the performance by such persons of such work, provided that such work:

(a)
Are not likely to be prejudicial to their health or development;
(b)
Are not likely to be prejudicial to their attendance at school, to their participation in vocational guidance or training programmes approved by the competent authority or to their ability to benefit from the training received.

2. National legislation may also, subject to the conditions laid down in paras. (a) and (b) of s. 1 above, authorize the employment or work of persons of at least 15 years of age who have not yet completed their compulsory education.

3. The competent authority shall determine the activities in which the employment or work may be authorised in accordance with s. 1 and 2 of this Article and shall prescribe the duration, in hours, and the conditions of the employment or work in question.

4. Notwithstanding the provisions of s. 1 and 2 of this article, a Member who has made use of the provisions of s. 4 of Art. 2 may, as long as it prevails, substitute the ages of twelve and fourteen years at the ages of thirteen and fifteen years indicated in par. 1 and the age of fourteen at the age of fifteen indicated in s. 2 of this article.

Art. 8

After consultation with employers'and workers' organisations, if any, the competent authority may, in derogation from the prohibition of employment or work under s. 2 of this Convention, authorise, in individual cases, participation in activities such as artistic performances.

2. The authorisations granted shall limit the duration of the authorised employment or work and prescribe the conditions.

Art.

The competent authority shall take all necessary measures, including appropriate sanctions, with a view to ensuring the effective implementation of the provisions of this Convention.

2. The national legislation or the competent authority shall determine the persons required to comply with the provisions giving effect to the Convention.

3. The national legislation or the competent authority shall prescribe the records or other documents which the employer shall keep and keep available; these records or documents shall indicate the name and age or date of birth, duly As far as possible, persons employed by him or working for him and whose age is less than eighteen years.

Art. 10

1. This Convention revises the Convention on Minimum Age (Industry), 1919, the Minimum Age Convention (Maritime Labour), 1920, the Minimum Age Convention (Agriculture), 1921, the Minimum Age Convention (Subtiers and Drivers), 1921, Convention on Minimum Age (Non-Industrial Work), 1932, Convention (Revised) on Minimum Age (Maritime Labour), 1936, Convention (Revised) Minimum Age (Industry), 1937, Convention (revised) on the minimum age (non-industrial work), 1937, of the Minimum Age Convention (fishermen), 1959, and the Minimum Age Convention (underground works), 1965, under the conditions set out below.

2. The entry into force of this Convention does not close to a subsequent ratification of the (revised) Convention on Minimum Age (Maritime Labour), 1936, the (Revised) Minimum Age Convention (Industry), 1937, the (Revised) Convention on Age Minimum (non-industrial work), 1937, the Minimum Age Convention (Fishermen), 1959, and the Minimum Age Convention (Underground Work), 1965.

3. The Convention on Minimum Age (Industry), 1919, Minimum Age Convention (Maritime Labour), 1920, Minimum Age Convention (Agriculture), 1921, and Minimum Age Convention (Sutiers and Drivers), 1921, will be closed to all Subsequent ratification when all the Member States Parties to these Conventions consent to this closure, either by ratifying this Convention or by a declaration communicated to the Director General of the International Labour Office.

4. Upon entry into force of this Convention:

(a)
The fact that a Member Party to the (revised) Convention of the Minimum Age (Industry), 1937, accepts the obligations of this Convention and fixes, in accordance with Art. 2 of this Convention, a minimum age of at least fifteen years shall automatically entail the immediate denunciation of the (revised) Convention of the minimum age (industry), 1937;
(b)
The fact that a Member party to the Convention on the minimum age (non-industrial work), 1932, accepts the obligations of this Convention for non-industrial works within the meaning of that Convention shall automatically entail the denunciation Immediate minimum age convention (non-industrial work), 1932;
(c)
The fact that a Member party to the (revised) Convention on the minimum age (non-industrial work), 1937, accepts the obligations of this Convention for non-industrial works within the meaning of that Convention and fixed, in accordance with Art. 2 of this Convention, a minimum age of at least fifteen years shall automatically entail the immediate denunciation of the (revised) Convention on the minimum age (non-industrial work), 1937;
(d)
The fact that a Member Party to the (revised) Convention on Minimum Age (Maritime Labour), 1936, accepts the obligations of this Convention for Maritime Labour and, is fixed, in accordance with Art. 2 of this Convention, a minimum age of at least fifteen years, shall be specified as art. 3 of this Convention applies to maritime work, entails the immediate denunciation of the (revised) Convention on the Minimum Age (Maritime Labour), 1936;
(e)
The fact that a Member Party to the Minimum Age Convention (Fishers), 1959, accepts the obligations of this Convention for the maritime fishery and, is fixed, in accordance with Art. 2 of this Convention, a minimum age of at least fifteen years, shall be specified as art. 3 of this Convention applies to the maritime fishery, entails the immediate denunciation of the Minimum Age Convention (fishermen), 1959;
(f)
The fact that a Member Party to the Convention on Minimum Age (Underground Work), 1965, accepts the obligations of this Convention and, is fixed, in accordance with Art. 2 of this Convention, a minimum age at least equal to that specified in pursuits of the 1965 Convention, namely that such age shall apply, in accordance with Art. 3 of this Convention, in underground works, entails the immediate denunciation of the Minimum Age Convention (underground works), 1965.

5. Upon entry into force of this Convention:

(a)
The acceptance of the obligations of this Convention shall result in the denunciation of the Minimum Age Convention (Industry), 1919, pursuant to its Art. 12;
(b)
The acceptance of the obligations of this Convention for agriculture results in the denunciation of the Convention on Minimum Age (Agriculture), 1921, in application of its art. 9;
(c)
Acceptance of the obligations of this Convention for maritime labour results in the denunciation of the Convention on the Minimum Age (Maritime Labour), 1920, pursuant to its Art. 10, and the Minimum Age Convention (Sutiers and Drivers), 1921, pursuant to his art. 12.
Art. 11

The formal ratifications of this Convention shall be communicated to and registered by the Director General of the International Labour Office.

Art. 12

(1) This Convention shall bind only the Members of the International Labour Organization whose ratification has been registered by the Director General.

2. It shall enter into force twelve months after the ratifications of two Members have been registered by the Director General.

3. Thereafter, this Convention shall enter into force for each Member twelve months after the date on which its ratification has been registered.

Art. 13

1. Any Member having ratified this Convention may denounce it at the expiration of a period of ten years after the date of the initial entry into force of the Convention by an act communicated to the Director General of the International Labour Office And by registered him. The denunciation shall take effect only one year after being registered.

2. Any Member having ratified this Convention which, within one year of the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the right of denunciation provided for in this Article shall be bound For a further period of ten years and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions laid down in this Article.

Art. 14

The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and denunciations made available to it by the Members of the Organization.

2. By notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall call the attention of the Members of the Organization on the date on which this Convention enters into force Vigor.

Art. 15

The Director General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of registration, in accordance with art. 102 of the United Nations Charter 1 , complete information about all ratifications and all acts of denunciation which it has registered in accordance with the previous articles.


Art. 16

Whenever it deems it necessary, the Governing Council of the International Labour Office shall submit to the General Conference a report on the implementation of this Convention and consider whether it should be included in the agenda of the Conference the question of its total or partial revision.

Art. 17

1. In the event that the Conference adopts a new convention for the total or partial revision of this Convention, and unless the new Convention provides otherwise:

(a)
Ratification by a Member of the new revision agreement would automatically entail, notwithstanding s. 13 above, immediate denunciation of this Convention, provided that the new revision agreement has entered into force;
(b)
From the date of entry into force of the new revision agreement, this Convention shall cease to be open for ratification by Members.

(2) This Convention shall in any case remain in force in its form and content for Members who have ratified it and which do not ratify the revised Convention.

Art. 18

The English and French versions of the text of this Convention shall be equally authentic.

(Suivent signatures)

Scope of application May 13, 2014 8

States Parties

Ratification

Statement of Succession (S)

Entry into force

Afghanistan A

7 April

2010

7 April

2011

South Africa B

30 March

2000

30 March

2001

Albania C

February 16

1998

February 16

1999

Algeria C

April 30

1984

April 30

1985

Germany B

April 8

1976

April 8

1977

Angola A

13 June

2001

13 June

2002

Antigua and Barbuda C

March 17

1983

March 17

1984

Saudi Arabia B

2 April

2014

2 April

2015

Argentina A

11 November

1996

11 November

1997

Armenia C

27 January

2006

27 January

2007

Austria B

18 September

2000

18 September

2001

Azerbaijan C

19 May

1992

19 May

1993

Bahamas A

October 31

2001

October 31

2002

Barbados B

4 January

2000

4 January

2001

Belarus C

3 May

1979

3 May

1980

Belgium B

19 April

1988

19 April

1989

Belize A

6 March

2000

6 March

2001

Benin A

11 June

2001

11 June

2002

Bolivia A

11 June

1997

11 June

1998

Bosnia and Herzegovina B

2 June

1993

2 June

1994

Botswana A

5 June

1997

5 June

1998

Brazil C

28 June

2001

28 June

2002

Brunei C

17 June

2011

17 June

2012

Bulgaria C

April 23

1980

April 23

1981

Burkina Faso B

February 11

1999

February 11

2000

Burundi A

19 July

2000

19 July

2001

Cambodia A

August 23

1999

August 23

2000

Cameroon A

13 August

2001

13 August

2002

Cape Verde B

7 February

2011

7 February

2012

Chile B

1 Er February

1999

1 Er February

2000

China * C

28 April

1999

28 April

2000

Hong Kong * D

28 April

1999

28 April

2000

Macao E

6 October

2000

6 October

2000

Cyprus B

2 October

1997

2 October

1998

Colombia A

2 February

2001

2 February

2002

Comoros B

March 17

2004

March 17

2005

Congo (Brazzaville) A

26 November

1999

26 November

2000

Congo, Kinshasa A

20 June

2001

20 June

2002

Korea (South) B

28 January

1999

28 January

2000

Costa Rica B

11 June

1976

11 June

1977

Côte d' Ivoire A

7 February

2003

7 February

2004

Croatia B

8 October

1991 S

8 October

1991

Cuba B

7 March

1975

7 March

1976

Denmark B F

13 November

1997

13 November

1998

Djibouti C

14 June

2005

14 June

2006

Dominica B

27 September

1983

27 September

1984

Egypt A

9 June

1999

9 June

2000

El Salvador A

23 January

1996

23 January

1997

United Arab Emirates B

2 October

1998

2 October

1999

Ecuador A

19 September

2000

19 September

2001

Eritrea A

22 February

2000

22 February

2001

Spain B

May 16

1977

May 16

1978

Estonia B

15 March

2007

15 March

2008

Ethiopia A

27 May

1999

27 May

2000

Fiji B

3 January

2002

3 January

2004

Finland B

13 January

1976

13 January

1977

France C

July 13

1990

July 13

1991

Gabon C

25 October

2010

25 October

2011

Gambia A

4 September

2000

4 September

2001

Georgia B

23 September

1996

23 September

1997

Ghana B

6 June

2011

6 June

2012

Greece B

March 14

1986

March 14

1987

Grenada C

14 May

2003

14 May

2004

Guatemala A

April 27

1990

April 27

1991

Guinea C

6 June

2003

6 June

2004

Guinea-Bissau A

March 5

2009

March 5

2010

Equatorial Guinea A

12 June

1985

12 June

1986

Guyana B

15 April

1998

15 April

1999

Haiti A

3 June

2009

3 June

2010

Honduras A

9 June

1980

9 June

1981

Hungary C

28 May

1998

28 May

1999

Indonesia B

7 June

1999

7 June

2000

Iraq B

13 February

1985

13 February

1986

Ireland C

22 June

1978

22 June

1979

Iceland B

6 December

1999

6 December

2000

Israel B

21 June

1979

21 June

1980

Italy B

28 July

1981

28 July

1982

Jamaica B

13 October

2003

13 October

2004

Japan B

5 June

2000

5 June

2001

Jordan C

23 March

1998

23 March

1999

Kazakhstan C

18 May

2001

18 May

2002

Kenya C

April 9

1979

April 9

1980

Kyrgyzstan C

March 31

1992

March 31

1993

Kiribati A

17 June

2009

17 June

2010

Kuwait B

15 November

1999

15 November

2000

Laos A

13 June

2005

13 June

2006

Lesotho B

14 June

2001

14 June

2002

Latvia B

2 June

2006

2 June

2007

Lebanon A

10 June

2003

10 June

2004

Libya B

19 June

1975

19 June

1976

Lithuania C

22 June

1998

22 June

1999

Luxembourg B

24 March

1977

24 March

1978

Macedonia B

17 November

1991 S

17 November

1991

Madagascar B

May 31

2000

May 31

2001

Malaysia B

9 September

1997

9 September

1998

Malawi A

19 November

1999

19 November

2000

Maldives C

4 January

2013

4 January

2014

Mali B

March 11

2002

March 11

2003

Malta C

9 June

1988

9 June

1989

Morocco B

6 January

2000

6 January

2001

Mauritius B

July 30

1990

July 30

1991

Mauritania A

3 December

2001

3 December

2002

Moldova C

21 September

1999

21 September

2000

Mongolia B

16 December

2002

16 December

2003

Montenegro B

3 June

2006 S

3 June

2006

Mozambique B

June 16

2003

June 16

2004

Namibia A

15 November

2000

15 November

2001

Nepal A

30 May

1997

30 May

1998

Nicaragua A

2 November

1981

2 November

1982

Niger A

4 December

1978

4 December

1979

Nigeria B

2 October

2002

2 October

2003

Norway B

July 8

1980

July 8

1981

Oman C

July 21

2005

July 21

2006

Uganda A

25 March

2003

25 March

2004

Uzbekistan B

6 March

2009

6 March

2009

Pakistan A

July 6

2006

July 6

2007

Panama * A

October 31

2000

October 31

2001

Papua New Guinea C

2 June

2000

2 June

2001

Paraguay A

3 March

2004

3 March

2005

Netherlands * B

September 14

1976

September 14

1977

Aruba A E

24 March

1987

24 March

1987

Peru A

13 November

2002

13 November

2003

Philippines B

4 June

1998

4 June

1999

Poland B

22 March

1978

22 March

1979

Portugal * C

20 May

1998

20 May

1999

Qatar C

3 January

2006

3 January

2007

Central African Republic A

28 June

2000

28 June

2001

Dominican Republic * A

15 June

1999

15 June

2000

Czech Republic B

April 26

2007

April 26

2008

Romania C

19 November

1975

19 November

1976

United Kingdom * C

7 June

2000

7 June

2001

Russia C

3 May

1979

3 May

1980

Rwanda A

15 April

1981

15 April

1982

Saint Kitts and Nevis C

3 June

2005

3 June

2006

San Marino C

1 Er February

1995

1 Er February

1996

Saint Vincent and the Grenadines A

July 25

2006

July 25

2007

Solomon Islands B

22 April

2013

22 April

2014

Samoa B

29 October

2008

29 October

2009

Sao Tome and Principe A

4 May

2005

4 May

2006

Senegal * B

15 December

1999

15 December

2000

Serbia B

24 November

2000 S

6 December

1984

Seychelles B

7 March

2000

7 March

2001

Sierra Leone B

10 June

2011

10 June

2012

Singapore B

7 November

2005

7 November

2006

Slovakia B

29 September

1997

29 September

1998

Slovenia B

29 May

1992 S

29 May

1993

Sudan A

7 March

2003

7 March

2004

South Sudan A

29 April

2012

29 April

2013

Sri Lanka A

February 11

2000

February 11

2001

Sweden B

April 23

1990

April 23

1991

Switzerland * B

August 17

1999

August 17

2000

Swaziland B

23 October

2002

23 October

2003

Syria B

18 September

2001

18 September

2002

Tajikistan C

26 November

1993

26 November

1994

Tanzania A

16 December

1998

16 December

1999

Chad A

21 March

2005

21 March

2006

Thailand * B

11 May

2004

11 May

2005

Togo A

March 16

1984

March 16

1985

Trinidad and Tobago C

3 September

2004

3 September

2005

Tunisia C

19 October

1995

19 October

1996

Turkmenistan C

March 27

2012

March 27

2013

Turkey B

30 October

1998

30 October

1999

Ukraine C

3 May

1979

3 May

1980

Uruguay B

2 June

1977

2 June

1978

Venezuela A

July 15

1987

July 15

1988

Vietnam B

24 June

2003

24 June

2004

Yemen A

15 June

2000

15 June

2001

Zambia B

February 9

1976

February 9

1977

Zimbabwe

6 June

2000

6 June

2001

*

Reservations and declarations.

Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at the website of the International Labour Organization: www.ilo.org or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Bern.

A

The minimum age specified in application of s. 2, para. 1, is 14 years old.

B

The minimum age specified in application of s. 2, para. 1, is 15 years old.

C

The minimum age specified in application of s. 2, para. 1, is 16 years old.

D

Applicable with modification.

E

Applicable without modification.

F

Not applicable to Faroe Islands and Greenland.

Reservations and declarations

Switzerland

The minimum age for underground work under s. 3 of the Convention is 19 years old and 20 years old for apprentices.


RO 2001 1427 ; FF 1999 475


1 RO 2001 1426
2 At the time of ratification, Switzerland denounced the following ILO, with effect from 17 August 2000: O 58 (revised) on the minimum age (sea work) of 24 Oct. 1936 [RO 1960 508, 1962 1403 1404 art. 1] Conv. O 123 on the minimum age (underground works) of 22 June 1965 [RO 1968 175]
3 The entry into force results in the immediate denunciation of the following ILO Conventions: O 5 on the minimum age (industry) of 28 Nov 1919 [RS 14 8; 1962 1403 1404 art. 1] Conv. O 15 on the minimum age (subs and drivers) of 11 Nov 1921 [RO 1960 498, 1962 1403 1404 art. 1]
4 [RS 14 8; 1962 1403 1404 art. 1]
5 [RO 1960 498, 1962 1403 1404 art. 1]
6 [RO 1960 508, 1962 1403 1404 art. 1]
7 [RO 1968 175]
8 RO 2001 1436 , 2005 1751, 2006 4207, 2010 3995, 2013 407, 2014 1225 A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on May 13, 2014