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RS 0.414.7 European Agreement of 12 December 1969 on the maintenance of the payment of scholarships to students pursuing their studies abroad

Original Language Title: RS 0.414.7 Accord européen du 12 décembre 1969 sur le maintien du paiement des bourses aux étudiants poursuivant leurs études à l’étranger

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0.414.7

Original text

European Agreement on the maintenance of the payment of scholarships to students pursuing their studies abroad

Conclu in Paris on 12 December 1969

Approved by the Federal Assembly on March 6, 1991 1

Signed by Switzerland on 25 April 1991 without reservation of ratification

Entered into force for Switzerland on 26 May 1991

(State on 26 February 2015)

The member States of the Council of Europe, signatories to this Agreement,

Having regard to the European Cultural Convention signed in Paris on 19 December 1954 2 ;

Having regard to Resolution No. O 4 adopted by the European Ministers of Education at their Fourth Conference held in London from 14 to 16 April 1964, by which they declared themselves aware of the need to encourage student exchanges between countries of Europe, in particular At the level of graduate students, and expressed the hope that national authorities would take appropriate action to ensure that their student financial assistance programs also apply to periods of study completed in others European countries;

Whereas the pursuit of studies in a State other than the State of origin of the student may contribute to the cultural and academic enrichment of the latter;

Whereas the basic cultural community which exists between the member states of the Council of Europe which are signatories to the European Cultural Convention and the other states which have acceded to it makes such a practice possible;

Whereas in the European cultural and educational community that they wish to build on an even more solid basis, it is important that those who, at the university level, pursue studies or conduct research, have the most Possible freedom of movement,

Agreed to the following:

Art. 1

For the purposes of this Agreement,

(a)
The term "higher education institutions" means:
(i)
Universities;
(ii)
Other institutions of higher education officially recognized for the purposes of this Agreement by the competent authorities of the Contracting Party in the territory of which they are situated;
(b)
The term "bursary" means any direct financial assistance granted to students in the various courses of higher education by the State or other competent authority, including tuition allowances, maintenance allowances and Study loans.
Art. 2

For the purposes of this Agreement, a distinction shall be drawn between the Contracting Parties, following that in their territory, the competent authority for the award of grants shall be:

(a)
Eta;
(b)
Other authorities;
(c)
Sometimes the state or other authorities, as the case may be.
Art. 3

The award granted by one of the Contracting Parties in the category referred to in para. (a) s. 2 in order to allow one of its nationals to study or research in a higher education institution on its territory will continue to be paid to that national if admitted, on request and with approval Of the authorities responsible for his studies or research, to pursue such studies or research in a higher education institution situated in the territory of another Contracting Party.

Art. 4

None of the provisions of this Agreement shall be construed as modifying the existing statutory or regulatory provisions relating to the admission of students to higher education institutions, or the conditions imposed by The authorities granting the scholarships and relating to the duration and quality of the studies or research that motivates the award or renewal of the scholarships.

Art. 5

1. The Contracting Parties in the category referred to in para. (b) s. 2 shall transmit the text of this Agreement to the competent authorities, within their territory, for matters relating to the award of grants, and shall encourage them to consider, with a view to its application, the principle set out in Art. 3.

2. The Contracting Parties in the category referred to in para. (c) s. 2 shall apply, in cases where the grant of scholarships is the competence of the State, the provisions of Art. 3 and, in other cases, the provisions of s. 1 of this article.

Art. 6

Any Contracting Party may, by notification addressed to the Secretary General of the Council of Europe, declare extending the scope of this Agreement to persons other than those referred to in Art. 3.

Art. 7

1. This Agreement shall be open for signature by the member States of the Council of Europe which may become Parties to this Agreement by:

(a)
Signature without reservation of ratification or acceptance;
(b)
Signature subject to ratification or acceptance, followed by ratification or acceptance.

2. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

Art. 8

1. This Agreement shall enter into force one month after the date on which five member States of the Council of Europe have become Parties to the Agreement in accordance with the provisions of Art. 7.

2. For any Member State which subsequently signs it without reservation as to ratification or acceptance or ratifies or accepts it, the Agreement shall enter into force one month after the date of signature or deposit of the instrument of ratification or Of acceptance.

Art.

1. After the entry into force of this Agreement:

(a)
Any non-member state of the Council of Europe which is a Contracting Party to the European Cultural Convention, signed in Paris on 19 December 1954 1 , may accede to this Agreement;
(b)
The Committee of Ministers of the Council of Europe may invite any other non-member State to accede to this Agreement.

2. Accession shall be effected by the deposit, by the Secretary General of the Council of Europe, of an instrument of accession which shall take effect one month after the date of its deposit.


Art. 10

(1) Any signatory State, at the time of signature or at the time of deposit of its instrument of ratification or acceptance, or any acceding State, at the time of deposit of its instrument of accession, may designate the territory or territories to which shall apply This Agreement.

2. Any signatory State, at the time of deposit of its instrument of ratification or acceptance, or at any other time thereafter, as well as any acceding State, at the time of deposit of its instrument of accession or at any other time thereafter, may Extend the application of this Agreement, by declaration addressed to the Secretary General of the Council of Europe, to any other territory designated in the declaration for which it is responsible for international relations or for which it is entitled to stipulate.

(3) Any declaration made under the preceding paragraph may be withdrawn, in respect of any territory designated in that declaration, under the conditions laid down in Art. 11 of this Agreement.

Art. 11

(1) This Agreement shall remain in force without limitation of duration.

2. Any Contracting Party may, as far as it is concerned, denounce this Agreement by sending a notification to the Secretary General of the Council of Europe.

The denunciation shall take effect six months after the date of receipt of the notification by the Secretary General.

Art. 12

The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Agreement:

(a)
Any signature without reservation of ratification or acceptance;
(b)
Any signature subject to ratification or acceptance;
(c)
The deposit of any instrument of ratification, acceptance or accession;
(d)
Any date of entry into force of this Agreement, in accordance with its art. 8;
(e)
Any statement received pursuant to the provisions of s. 6 and paras. 2 and 3 of Art. 10;
(f)
Any notification received pursuant to the provisions of Art. 11 and the date on which the denunciation takes effect.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Agreement.

Done at Paris, on 12 December 1969, in English and in 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 copies to each of the signatory and acceding States.

(Suivent signatures)

Scope of application February 26, 2015 3

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Signature without reservation of ratification (If)

Entry into force

Germany

27 January

1971 If

2 October

1971

Austria

July 9

1986

10 August

1986

Bosnia and Herzegovina

29 December

1994 A

30 January

1995

Cyprus

1 Er September

1971

2 October

1971

Croatia

27 January

1993 A

28 February

1993

Spain

19 March

1975 A

20 April

1975

Finland

16 September

1991

17 October

1991

France

11 September

1970 If

2 October

1971

Iceland

February 16

1971

2 October

1971

Liechtenstein

22 May

1991

23 June

1991

Luxembourg

11 January

1973

12 February

1973

Macedonia

30 March

1994 A

1 Er May

1994

Malta

7 May

1992

8 June

1992

Montenegro

6 June

2006 S

6 June

2006

Netherlands

11 June

1971

2 October

1971

Aruba A

11 June

1971

2 October

1971

Curaçao A

11 June

1971

2 October

1971

Caribbean (Bonaire, Sint Eustatius and Saba) A

11 June

1971

2 October

1971

Sint Maarten A

11 June

1971

2 October

1971

United Kingdom *

19 October

1971 If

20 November

1971

Guernsey

19 April

1973

19 April

1973

Isle of Man

19 April

1973

19 April

1973

Jersey

19 April

1973

19 April

1973

Serbia

28 February

2001

March 29

2001

Slovenia

July 2

1992 A

August 3

1992

Sweden

27 June

1989 If

28 July

1989

Switzerland *

April 25

1991 If

26 May

1991

*
Reservations and declarations.

Reservations and declarations, with the exception of that of Switzerland, are not published in the RO. The texts in English and French can be found at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

Statement

Switzerland

The Swiss Federal Council declares that the competence of the cantons in the field of education, as derived from the Federal Constitution 4 , and academic autonomy is reserved for the implementation of the agreement.


RO 1991 2055; FF 1990 III 1015


1 Art 1 Er Al. 1 let. D of the AF of 6 March 1991 (RO 1991 2000)
2 RS 0.440.1
3 RO 1991 2055, 2002 2755, 2010 15, 2015 755. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
4 RS 101


Status on 26 February 2015