Rs 0.142.103 European Agreement Of December 13, 1957, On The Regime Of Movement Of Persons Between The Member Countries Of The Council Of Europe (With Annex)

Original Language Title: RS 0.142.103 Accord européen du 13 décembre 1957 sur le régime de la circulation des personnes entre les pays membres du Conseil de l’Europe (avec annexe)

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0.142.103 original text European Agreement on the regime of movement of persons between the Member countries of the Council of Europe concluded in Paris on 13 December 1957, approved by the Federal Assembly on September 27, 1966, Instrument of ratification deposited by the Switzerland on 20 December 1966, entered into force for the Switzerland January 1, 1967 (State 12 September 2012) signatory Governments , Members of the Council of Europe, desiring to facilitate the movement of persons between their countries, have agreed as follows: article 1 1. Nationals of the Contracting Parties, irrespective of the country of their residence, may enter the territory of other Parties and exit by all the borders in the guise of one of the documents listed in the annex to the present agreement, which is an integral part of it.
2. the facilities provided for in the preceding paragraph play only for stays shorter or equal to three months.
3. the valid passport and visa may be required for all stays longer or for any entry into the territory of another party to exercise a lucrative activity.
4. the term "territory" of a Contracting Party aura, in relation to this agreement, the meaning that this part assign in a declaration addressed to the Secretary General of the Council of Europe, which the will communicate to each of the other Contracting Parties.

Temporarily suspended for the Turkey by D of CF from 15 Jul. 1982 (1983 97 RO).
Temporarily suspended for the Turkey by D of CF from 15 Jul. 1982 (1983 97 RO).

S. 2 to the extent that one or more of the Contracting Parties may deem necessary, the crossing of the border will take place only in authorized posts.

S. 3. the provisions contained in the preceding articles are without prejudice to the legal and regulatory requirements relating to the residence of foreigners on the territory of each of the Contracting Parties.

S. 4. the provisions of this agreement are without prejudice to the provisions of national laws, treaties, conventions or bilateral or multilateral agreements which are or will come into force, under which more favourable measures would be applied to nationals of one or more other Contracting Parties with regard to the crossing of the border.

S. 5 of each of the Contracting Parties réadmettra its territory any holder of one of the documents listed in a schedule established by it without any formality and contained in the annex to this agreement, even where the nationality of the person concerned would be challenged.

S. 6 each Contracting Party reserves the right to refuse access or residence in its territory to nationals of another party which it considers undesirable.

S. 7. each of the Contracting Parties reserves the right for reasons relating to public order, security or public health do not immediately apply this agreement or temporarily suspend the application with respect to other Parties or some of them except with regard to the provisions of art. 5. this measure shall be immediately notified to the Secretary General of the Council of Europe which will give communication to the other Parties. It will be the same once the measure in question will be thrown.
Any contracting party availing itself of the faculties provided for in the preceding paragraph may not claim the application of this agreement by a party other than to the extent where it it will apply itself to this party.

S. 8. this agreement is open for signature by the members of the Council of Europe which may become Parties by: a. signature without reservation as to ratification; (b). Signature subject to ratification followed by ratification.

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

S. 9. this Agreement shall enter into force the first day of the month following the date on which three members of the Council, in accordance with the provisions of art. 8, have signed the agreement without reservation of ratification or have ratified it.
Any Member who subsequently sign the agreement without reservation of ratification or ratify, the agreement shall enter into force the first day of the month following the signature or the deposit of the instrument of ratification.

S. 10. after the entry into force of this agreement, the Committee of Ministers of the Council of Europe may invite any State not a member of the Council to accede. Accession shall take effect on the first day of the month following the deposit of the instrument of accession with the Secretary General of the Council of Europe.

S. 11. any Government, who wishes to sign this agreement or accede but which has not yet established its list of documents referred to the by. 1 of article 1 and set out in the annex, will present a list of these documents through the Secretary General of the Council of Europe to the Contracting Parties. This list will be considered to be approved by all the Contracting Parties and will be added to the annex to this agreement if no objection has been raised within a period of two months after its transmission by the Secretary-General.
The same procedure will be applied when a signatory Government will be willing to make changes to the list of documents prepared by him and contained in the annex.

S. 12. the Secretary General of the Council of Europe shall notify the members of the Council and acceding States: a. the date of the entry into force of this agreement and the names of the members who have signed without reservation as to ratification or ratified; b. The deposit of any instrument of accession in accordance with art. 10; c. Any notification received in application of the provisions of art. 13 and the date on which it takes effect.

S. 13 any Contracting Party may terminate in the case, for the purposes of this agreement, subject to a three months notice by notification to the Secretary General of the Council of Europe.
In witness whereof the undersigned, being duly authorized thereto, have signed this agreement.
Done at Paris, on 13 December 1957, in french and English, 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 shall forward certified copies to the signatory Governments.
(Follow signatures)

Annex Republic Federal of Germany passport valid or expired for less than one year;
Temporary passport valid or expired for less than a year;
Passport for child or certificate of travel for child of the Republic Federal Germany valid or expired for less than a year;
The Federal Republic of Germany valid official identity card;
Map of the Federal Republic of Germany valid temporary identity.

Austria: Passport valid or expired for less than five years;
Official identity card;
Certificate of travel for children.

Belgium national passport of the Belgium valid or expired for less than 5 years;
Official identity card;
Identity card issued to a Belgian national, combined registration certificate of a diplomatic or consular agent of Belgium abroad;
Provisional identification card;
Provisional identification card;
Certificate of identity with photograph issued by Belgian municipal administration to a child less than 12 years old;
ID without photo issued to children under 12 years old, by a Belgian local administration; However, this document will be allowed only for children travelling with their parents;
Identity card for foreigners valid, issued by the competent authority of the country of residence for the resident Belgians regularly in France, the Luxembourg and Switzerland, stating that the holder is of Belgian nationality.

Spain passport valid or expired for less than five years; National valid identity card;
For those less than 18 years, national identification card accompanied by the authorization given by the person exercising paternal authority who appeared outside the central police station, valid judge of instruction, notary, Mayor, or commander of a post of the civil guard France Passport national French valid or expired for less than five years (a new model has been in circulation since April 28, 1999; the former model issued in certain circumstances, remains valid);
Official identification card of the French Republic, valid;
Three-month provisional identification card;
Identity card for foreigners, valid, issued by the competent authority of the country of residence for the resident French regularly in Belgium, the Luxembourg and Switzerland; This card shall mention the nationality of the holder.

Greece valid national passport;
Personal identity card.

Italy the Italian Republic valid national passport;
The Italian Republic official identification card;
For children: certificate containing the data of civil status issued by the municipal administration of the place of birth or residence, with photography, validated by the police;
Personal identification card issued to officials of the State of Liechtenstein the national passport of the Principality of Liechtenstein;
The ID of the Principality of Liechtenstein.

Luxembourg passport valid or expired for less than 5 years;
Official identity card;

Title identity and travel issued to a child under 15 years by a Luxembourg communal administration;
Foreigners valid identity card, issued by the competent authority of the country of residence, for the Luxembourg resident regularly in Belgium, France, Switzerland and the Liechtenstein, mentioning that the holder is of Luxembourg nationality.

Malta valid national passport;
Valid official identification card.

Netherlands national passport;
Dutch identity card;
Passport of business;
Diplomatic passport;
Service passport;
Pass;
Temporary passport service) and passes;
(Tourist card) valid identity card model B identity card for foreigners, valid, issued by the Belgian authorities and mentioning that the holder is of Dutch nationality;
Identity card for foreigners, valid, issued by the Luxembourg authorities and mentioning that the holder is of Dutch nationality.

Portugal passport valid or expired for less than five years;
National valid identity card;
Collective identity and valid travel certificates.

Slovenia valid ordinary passport;
Valid diplomatic passport;
Service valid passport.

Switzerland national passport valid or expired for less than five years;
Valid Swiss ID card;
Pass issued by a Swiss Representation abroad only valid for a direct return to Switzerland.

Turkey valid national passport;
Certificate of travel (for a single journey and return to Turkey).

Ukraine the passport of the citizen of Ukraine for traveling abroad;
Diplomatic passport;
The service passport;
The travel of the child document;
The identity card of the sailor (in case of presence of registration to the role of the ship or statement of said role);
Certificate of Member of the crew (in case of presence of inscription to the flight mission);
The certificate for the return to Ukraine (only for the return in Ukraine).

Scope 2 October 2006 States parties Ratification Signature without reservation as to ratification (Si) entry into force Germany * * 30 May 1958 1 June 1958 Austria * * 30 May 1958 1 June 1958 Belgium * * 13 December 1957 if 1 January 1958 Spain * * 18 May 1982 1 June 1982 France * * 13 December 1957 if 1 January 1958 Greece * * 13 December 1957 if 1 January 1958 Italy * 13 December 1957 if 1 January 1958 Liechtenstein * 25 September 1998 if 1 October 1998 Luxembourg * *.

April 24, 1961 1 May 1961 Malta * may 7, 1968 June 1, 1968 Netherlands * * 24 February 1961 1 March 1961 Portugal * 30 May 1984 1 June 1984 in Slovenia * December 11, 2001 1 January 2002 Switzerland * * 20 December 1966 1 January 1967 Turkey * may 25, 1961 if 1 June 1961 Ukraine * June 21, 2006 1 July 2006 * reservations and declarations.

* Objections.

Reservations, declarations and objections, with the exception of Switzerland, are not published to the RO. Texts in french and English can be found at the website of the Council of Europe: http://conventions.coe.int or obtained in the Directorate of public international law (DPIL), Section of international treaties, 3003 Berne.

Reservations and declarations Switzerland the Switzerland and the Ukraine are Parties to the European agreement of December 13, 1957, on the regime of movement of persons between the Member countries of the Council of Europe. Pursuant to art. 7 of this agreement, the Switzerland decided the temporary suspension with immediate effect of its application in respect of the Ukraine, except with regard to the provisions of art. 5. the implementation of this agreement with respect to the Ukraine is incompatible with Regulation (EC) No. 539/2001 annex I provides that the Ukraine is among the States whose nationals are subject to the visa requirement to cross the external borders of the Member States.

Objection to art. 11 Switzerland Objection part of 19 December 2001 by notification of amendment of annex, dated October 26, 2001, the Secretariat transmitted to the States parties to the agreement a declaration contained in a note verbale dated 21 September 2001, the Ministry of Foreign Affairs of the Netherlands.
Under art. 11 of the agreement, and in the period of two months provided for by that provision, the Swiss authorities approve the inclusion in the scope of this Treaty, the following Dutch documents: - national passport - Dutch identity card - passport of business; - diplomatic passports; - service passport; - pass; - temporary passport.

On the other hand, the Swiss authorities cannot accept that refugee passport and the passport for foreigners, also mentioned in the declaration, are covered by this convention. Indeed, insofar as the holders of these documents are not nationals of one of the Contracting Parties, facilities for entering the territory of the other Parties under the agreement they are not applicable (see art. 1, para. 1, of the agreement).
Furthermore, the agreement specifies, in his art. 5, that 'each Contracting Party réadmettra its territory any holder of one of the documents listed in a schedule established by it without any formality and contained in the annex to this agreement, even where the nationality of the person concerned would be challenged'. However, no information allows to consider that refugee passport and the passport for foreigners are also valid for (re) admission to the Netherlands unconditionally and without formality.
As a result, the Switzerland objected to the proposed amendment to the annex, insofar as it relates to refugee passport and the passport for foreigners.

RO 2012 2895 RO 1989 2433 RO 1989 2433 RO 1989 2433 RO 1982 1934 RO 2004 3215 RO 2008 651 1989 2433 1971 728 RO 2004 RO RO 3215 1971 728 RO 2004 RO RO 2004 3215 3215 RO 2004 3215 RO 2013 57 1981 499 RO 2008 651 RO.
A version of the update scope is published on the web site of the FDFA (www.eda.admin.ch/traites).
RO 2007 421 RO 2004 3215 State 12 September 2012

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