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Original text
(Status on 8 March 2007)
The member States of the Council of Europe, signatories to this Protocol,
In view of the provisions of the European Convention in the field of information on foreign law, opened for signature in London on 7 June 1968 2 (hereinafter "the Convention");
Recognizing the desirability of extending the international mutual assistance system established by the Convention in the criminal field and in criminal proceedings, in a multilateral framework open to all Contracting Parties to the Convention;
Considering that, with a view to eliminating economic obstacles preventing access to justice and enabling economically disadvantaged persons to better enforce their rights in the Member States, it is also desirable To extend the system established by the Convention in the field of legal aid and legal consultation in civil and commercial matters;
Noting that Article 1 (2) of the Convention provides that two or more Contracting Parties may agree to extend, as far as they are concerned, the scope of this Convention to areas other than those in the Convention;
Noting that Article 3 (3) of the Convention provides that two or more Contracting Parties may agree to extend, as far as they are concerned, the application of the Convention to requests from authorities other than the authorities Court.
Agreed to the following:
The Contracting Parties undertake to provide, in accordance with the provisions of the Convention, information concerning their substantive and procedural law, their judicial organisation in the criminal field, including the Public Prosecutor's Office, as well as the Law relating to the enforcement of criminal measures. This undertaking shall apply to any proceedings for offences whose repression is, at the time when the information is requested, the jurisdiction of the judicial authorities of the requesting Party.
A request for information on matters concerning the areas referred to in Article 1 may:
Within the framework of the undertaking arising from Article 1 (1) of the Convention, the Contracting Parties agree that the request for information may:
1. Any Contracting Party that has not created or designated one or more transmission organs 1 In accordance with Article 2, paragraph 2 of the Convention, shall create or designate such bodies responsible for transmitting to the competent foreign receiving body any request for information made under Article 3 of the present Protocol.
2. Any Contracting Party shall communicate to the Secretary General of the Council of Europe the name and address of the transmission organ or organs created or designated pursuant to the preceding paragraph.
1 In Switzerland: the Federal Office of Justice.
(1) Any State may, at the time of signature or the deposit of its instrument of ratification, acceptance, approval or accession, declare that it shall be bound only by the provisions of Chapter 1 or by those of Chapter 11 of this Protocol.
2. Any State which has made such a declaration may at any time thereafter declare by means of a notification addressed to the Secretary General of the Council of Europe that it will be bound by all the provisions of Chapters I and II. Such notification shall take effect on the date of its receipt.
3. Any Contracting Party which is bound by all the provisions of Chapters I and II may at any time declare by notification addressed to the Secretary General of the Council of Europe that it will be bound only by the provisions of the Chapter I or those of Chapter II. Such notification shall take effect six months after the date of its receipt.
The provisions of Chapter I or Chapter II shall apply only between Contracting Parties which are bound respectively by the provisions of the same Chapter.
1. This Protocol shall be open for signature by the member States of the Council of Europe, signatories to the Convention, which may become Parties to the Protocol by:
2. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
No member state of the Council of Europe will be able to sign this Protocol without reservation as to ratification, acceptance or approval, or to ratify, accept or approve, without having simultaneously or previously ratified or accepted the Convention.
1. This Protocol shall enter into force three months after the date on which three member States of the Council of Europe have become Parties to the Protocol in accordance with the provisions of Article 6.
2. For any Member State which subsequently signs it without reservation as to ratification, acceptance or approval or ratification, acceptance or approval, the Protocol shall enter into force three months after the date of signature or deposit of the The instrument of ratification, acceptance or approval.
After the entry into force of this Protocol, any State which has acceded to or has been invited to accede to the Convention may be invited by the Committee of Ministers to accede also to this Protocol.
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 three months after the date of its deposit.
(1) Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Protocol shall apply.
(2) Any State may, at the time of the deposit of its instrument of ratification, acceptance, approval or accession, or at any other time thereafter, extend the application of this Protocol 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, by notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect six months after the date of receipt of the notification by the Secretary General of the Council of Europe.
1. Any Contracting Party may, as far as it is concerned, denounce this Protocol by sending a notification to the Secretary General of the Council of Europe.
2. Denunciation shall take effect six months after the date of receipt of the notification by the Secretary General of the Council of Europe.
The denunciation of the Convention shall automatically terminate the denunciation of this Protocol.
The Secretary General of the Council of Europe shall notify the member states of the Council and any State which has acceded to the Convention:
In witness whereof, The undersigned, duly authorized to that effect, have signed this Protocol.
Done at Strasbourg, on 15 March 1978, 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 copies to each of the signatory and acceding States.
(Suivent signatures)
States Parties |
Ratification Accession (A) Signature without reservation of ratification (If) |
Entry into force |
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Albania |
13 June |
2006 |
September 14 |
2006 |
Germany * A |
July 23 |
1987 |
24 October |
1987 |
Austria |
25 February |
1980 |
26 May |
1980 |
Belarus * A |
July 2 |
1997 A |
3 October |
1997 |
Belgium |
30 May |
1979 |
August 31 |
1979 |
Bulgaria |
31 January |
1991 A |
1 Er May |
1991 |
Cyprus * A |
3 April |
1979 |
August 31 |
1979 |
Denmark |
11 October |
1979 |
12 January |
1980 |
Spain |
10 March |
1982 Si |
11 June |
1982 |
Estonia * A |
28 April |
1997 |
July 29 |
1997 |
Finland |
4 July |
1990 |
5 October |
1990 |
France |
22 September |
1983 |
December 23 |
1983 |
Georgia |
20 June |
2000 |
21 September |
2000 |
Greece |
29 October |
1987 |
30 January |
1988 |
Hungary |
16 November |
1989 A |
17 February |
1990 |
Iceland |
19 September |
1989 |
20 December |
1989 |
Italy |
February 11 |
1982 |
12 May |
1982 |
Latvia * A |
August 5 |
1998 |
6 November |
1998 |
Liechtenstein * A |
13 May |
2003 |
August 14 |
2003 |
Lithuania * A |
19 May |
2004 |
August 20 |
2004 |
Luxembourg |
11 June |
1982 |
12 September |
1982 |
Macedonia * A |
15 January |
2003 |
April 16 |
2003 |
Malta * A |
April 25 |
1989 |
26 July |
1989 |
Mexico |
21 February |
2003 A |
22 May |
2003 |
Moldova * A |
March 14 |
2002 |
15 June |
2002 |
Montenegro |
6 June |
2006 S |
6 June |
2006 |
Norway |
2 November |
1978 |
August 31 |
1979 |
Netherlands * A |
3 June |
1980 |
4 September |
1980 |
Aruba |
1 Er January |
1986 |
1 Er January |
1986 |
Poland |
September 14 |
1992 |
15 December |
1992 |
Portugal |
19 July |
1984 |
20 October |
1984 |
Czech Republic * A |
24 June |
1998 |
September 25 |
1998 |
Romania |
April 26 |
1991 A |
27 July |
1991 |
United Kingdom * A |
2 September |
1981 |
3 December |
1981 |
Serbia |
23 June |
2003 |
24 September |
2003 |
Slovakia * A |
5 December |
1996 |
6 March |
1997 |
Sweden |
2 March |
1981 Si |
3 June |
1981 |
Switzerland * A B |
March 11 |
1985 |
12 June |
1985 |
Turkey |
1 Er December |
2004 |
2 March |
2005 |
Ukraine |
13 June |
1994 A |
September 14 |
1994 |
* |
Reservations and declarations. Reservations and declarations are not published in the RO. The texts in English and French can be consulted at the Council of Europe website: http://conventions.coe.int/treaty/FR/cadreprincipal.htm or obtained in the Directorate of Public International Law (DDIP), Treaty Section International, 3003 Berne. |
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A |
This State is bound only by the provisions of the chap. I. |
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B |
Art. 1 al. 1 let. C of the AF of 13 Dec. 1984 (RO 1985 712) |
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1 Art. 1 al. 1 let. C of the AF of 13 Dec. 1984 (RO 1985 712)
2 RS 0.274.161
3 A version of the updated scope of application is published on the DFAE website (http://www.eda.admin.ch/eda/fr/home/topics/intla/intrea/dbstv.html).