Advanced Search

RS 0.192.110.33 Third Additional Protocol of 6 March 1959 to the General Agreement on Privileges and Immunities of the Council of Europe (with status of the Resettlement Fund and Annex)

Original Language Title: RS 0.192.110.33 Troisième Protocole additionnel du 6 mars 1959 à l’Accord général sur les privilèges et immunités du Conseil de l’Europe (avec statut du Fonds de réétablissement et annexe)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.192.110.33

Original text

Third Additional Protocol to the General Agreement on the Privileges and Immunities of the Council of Europe

Conclu in Strasbourg on 6 March 1959 Approved by the Federal Assembly on 27 September 1973 1 Instrument of accession deposited by Switzerland on 13 December 1973 Entry into force for Switzerland 1 Er January 1974

(State 1 Er October 2012)

The signatory Governments, Members of the Council of Europe, signatories to the General Agreement on the Privileges and Immunities of the Council of Europe 2 Parties to this Agreement and, at the same time, Members of the Council of Europe Reinstating Fund for National Refugees and Population Surpluses;

Having regard to the provisions of s. 1 and 9 (g) of the Statute of the Fund 3 ;

See art. 40 of the Council of Europe Statute 4 ;

Wishing to clarify the legal regime of assets, assets and operations, as well as the legal status of the organs and agents of the Reestablishment Fund;

Whereas, in this regard, it is necessary that the achievement of the statutory objectives of the Fund be facilitated by the broadest possible reduction of the tax burden which directly or indirectly affects the operations of the Fund and which Ultimately fall back on the beneficiaries of loans granted by the Fund;

Wishing to supplement the provisions of the General Agreement on the Privileges and Immunities of the Council of Europe with regard to the Reinstal Fund,

Agreed to the following:

Title 1 Status, personality and capacity

Art. 1

The Statute of the Fund of Reestablishment of the Council of Europe, approved by Resolution (56) 9 of the Committee of Ministers, or amended, either by the Committee of Ministers or by the Committee of Management, the latter acting within the limits of art. 9 (h) of the said Statute, is an integral part of this Protocol.

The Council of Europe Reinstating Fund shall have full legal personality and, in particular, the capacity of:

(i)
Contract;
(ii)
Acquire and dispose of movable and immovable property and property;
(iii)
Legal proceedings;
(iv)
Carry out any transaction related to its statutory objective.

The operations, acts and contracts of the Fund of Reestablishment shall be governed by this Protocol, by the Statute of the Fund and by the regulations made in accordance with that Statute. The Fund may, in addition, expressly consent to the subsidiary application of a national law, provided that it does not derogate from the present Protocol and the Statute.

Title II Jurisdictions, assets, assets, operations

Art. 2

All competent courts of a Member State of the Fund or of a State in which the Fund has contracted or guaranteed loans may be subject to disputes in which the Fund is a defendant.

However:

(i)
No action may be brought before those courts, either against the Fund by a Member State or by persons acting on behalf of that Member State or claiming rights assigned by the latter, or by the Fund against a State Member or against such persons;
(ii)
Disputes arising from loans or loan guarantees entered into by the Fund with a Member State or any other borrower approved by that State shall be settled by an arbitral procedure to be determined in such contracts. Disputes arising from loan or guarantee contracts signed by the Fund shall be settled by means of an arbitral procedure, the terms of which are defined by the Regulation of Loans made pursuant to Art. 10, section 1 (d), of the Fund's Statute.
Art. 3

The assets and assets of the Fund, in any place whatsoever, shall be protected from any form of seizure, opposition or enforcement, before the Fund has been issued an enforceable judgment which is no longer Likely to be attacked by ordinary remedies.

The enforced execution, in the territory of the Member States of the Fund, of awards resulting from an arbitral proceedings referred to in Art. 2, para. 3, shall be continued in accordance with the legal provisions in force in each of those States and after the verification of the authenticity of such sentences, their conformity with the rules of jurisdiction and the verification of the authenticity of such sentences. Procedure established by the Fund's Loans Regulations, as well as the absence of a contradiction between such sentences and a final judgment in the country concerned-the application used in the State in the territory of which the Sentence must be executed. Each Signatory shall notify, upon the deposit of its instrument of ratification, to the other signatories, through the Secretary General of the Council of Europe, what is, according to the law of its country, the competent authority to provide for This formality.

Art. 4

The assets and assets of the Fund, in any place whatsoever, shall be exempt from searches, requisitions, confiscations, expropriations or any other form of constraint ordered by the executive Or by the legislative branch.

The buildings and premises used for the operation of the Fund's services, as well as the archives of the Fund, shall be inviolable.

Art. 5

To the extent necessary to fulfil its statutory objective, the Reinstal Fund may:

(a)
Hold all foreign currency and account assets in any currency;
(b)
Transfer funds freely from one country to another or within any country and convert any currency held by it into any other currency.

In exercising the rights provided for in this Article, the Reestablishment Fund shall take into account any representation made to it by the Government of any Member State.

Art. 6

The assets and assets of the Fund shall be free of any restrictions, regulations, controls and moratoriums of any kind.

Art. 7

The Resettlement Fund, its assets, income and other property, are exempt from all direct taxes.

The Resettlement Fund shall be exempt from all taxes in the Member States of the Fund on transactions and transactions relating to borrowings which the Fund contracts to allocate the proceeds, in accordance with its purpose, to the needs of refugees and Of the population surplus and the loans it consents or guarantees under statutory conditions.

No exemption is granted to the Fund in respect of taxes and duties which constitute mere remuneration for services of public utility.

The Governments of the Member States shall, whenever possible, take the appropriate measures to:

(a)
Exemption from taxes on income relating to the interest of bonds issued or borrowings contracted by the Fund;
(b)
The remission or refund of the amount of indirect duties and taxes entered in the price of immovable or movable property, or in the price of services, where the Fund, for its official use, carries out major purchases or Benefits from services whose price includes duties and taxes of this nature.

No tax, of any nature whatsoever, shall be levied on the securities or bonds issued or guaranteed by the Fund (including any dividend or interest therein), regardless of the holder:

(a)
Whether that tax constitutes a measure of discrimination against such a value or obligation merely because it is issued or guaranteed by the Fund; or
(b)
If the only legal basis for such a tax is the place or currency in which the value or obligation is issued or guaranteed, made payable or paid, or the location of the headquarters, any office or centre of operations of the Fund.
Art. 8

The Fund shall be exempt from all customs duties, prohibitions and restrictions on imports and exports in respect of articles intended for its official use, unless such prohibitions or restrictions have been dictated by reasons of order Public safety and public health. However, articles imported duty-free will not be transferred to any title in the territory of the country in which they have been introduced, except under conditions approved by the Government of that country.

Title III Bodies

Art.

The bodies referred to in Art. 8 of the Statute of the Fund shall enjoy in the territory of each Member State, for their official communications, treatment at least as favourable as the treatment accorded by that Member to the diplomatic missions of any other Government. Official correspondence and other official communications of the organs of the Fund cannot be censored.

Art. 10

The members of the Administrative Committee, the Board of Directors and the Supervisory Committee shall enjoy immunity from jurisdiction for acts performed by them, including their words and writings, in their official capacity and within the limits of Their duties. This immunity is granted to them at the end of their term of office. In addition, they benefit from the restrictions on immigration, the registration of foreigners, foreign exchange regulations and travel facilities, the same treatment accorded by the Member States to representatives Other governments of the Fund having equivalent status. Any sums allocated to them in respect of representation or expenditure incurred in the performance of their duties shall not be subject to taxation.

Art. 11

Immunities and privileges are granted to persons subject to s. 10, not for their personal benefit, but for the purpose of ensuring independence in the performance of their duties. Therefore, a Member not only has the right but the duty to waive the immunity of his representative in all cases where, in his opinion, immunity would prevent justice being done and where immunity can be waived without prejudice to the purpose for which it Is granted.

Art. 12
(a)
The provisions of Art. 10 and 11 above are not binding on the authorities of the State of which the person is or has been the representative.
(b)
Art. 10, 11 and 12 (a) also apply to deputy representatives, advisers, technical experts and secretaries of delegation.

Title IV Agents

Art. 13

The Governor of the Fund and the officers of the Fund shall enjoy the privileges and immunities provided for in Art. 18 of the General Agreement on Privileges and Immunities of the Council of Europe.

The Governor will determine the categories of officers to which the provisions of that section apply, in whole or in part.

Communications under s. 17 of the General Agreement on the Privileges and Immunities of the Council of Europe shall be made by the Secretary General of the Council both in respect of the Governor and the agents referred to in the preceding paragraph.

The Secretary General, after consulting the Governor, may and must waive the immunity granted to an officer in all cases in which he considers that such immunity would prevent the normal exercise of an action of justice and could be waived without that measure Damage to the proper functioning of the Fund. In respect of the Governor, the Fund Executive Committee shall have the right to waive the immunities.

Title V Implementation of the Agreement

Art. 14

The Governments of the Member States of the Fund undertake to seek the necessary constitutional authorities which may be necessary in order to meet the statutory obligations assumed by these States in respect of the Fund of Reestablishment. They also undertake to apply for such authorisations in good time so as to be able to fulfil the commitments they would have entered into as a borrower or guarantor, in accordance with Section 3 of Art. 6 of the Statute of the Reestablishment Fund.

Art. 15

The Fund may conclude with any Member State special agreements specifying the arrangements for the application of the provisions of this Protocol, supplementing those provisions or derogating from those of Art. 13 above. It may also enter into agreements with any non-member state of the Resettlement Fund for the implementation of the provisions of this Protocol.

Title VI Final provisions

Art. 16

This Protocol shall be ratified and the instruments of ratification shall be deposited with the Secretary General of the Council of Europe. It will enter into force as soon as three signatories representing at least one third of the Fund's titles have deposited their instruments of ratification. For the other Members of the Fund, it shall enter into force on the date of deposit of their respective instruments of ratification.

However, pending the entry into force of the Protocol in accordance with the conditions laid down in the preceding paragraph, the signatories agree, in order to avoid any delay in the proper functioning of the Reinstal Fund, to provisionally apply it to the Applying 1 Er September 1958 or at the latest upon signature, to the extent compatible with their respective constitutional requirements.

Art. 17 Scope of Protocol 1 Er October 2012 Reservations and declarations

Any Government which has become, after the signature of this Protocol, Member of the Fund of Reestablishment, may accede to this Protocol by the deposit of an instrument of accession with the Secretary General of the Council of Europe. Such accession shall have effect on the date of such deposit if it occurred after the entry into force of the Protocol, and on the date of entry into force if the accession is prior to that entry.

Any Government which has deposited an instrument of accession before the entry into force of the Protocol shall immediately implement it provisionally, to the extent consistent with its constitutional rules.

In witness whereof, The undersigned plenipotentiaries have signed this Protocol.

Done at Strasbourg, on 6 March 1959, 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 shall transmit certified copies to all signatories or members.

(Suivent signatures)

Scope of Protocol 1 Er October 2012 5

Reservations and declarations

Switzerland 6

Article 7, para. 2: With regard to tax relief, the Swiss Confederation will not be able to grant loans from the Resettlement Fund in excess of those on its own borrowings. L' al. 2 of the art. 7 cannot therefore include any commitment for the Swiss Confederation to take the measures provided for therein.

Article 7, para. 4, let. B: With regard to the remission or refund of indirect taxes entering the price of immovable or movable property, or in the price of services, the Swiss Confederation will not be able to grant the Fund for its Acquisitions of goods or services in Switzerland intended to be used on Swiss territory in excess of those granted to its own acquisitions of goods or services. Art. 7, para. 4, let. B, therefore, cannot contain any commitments for the Swiss Confederation to take the measures provided for in this clause for goods or services acquired by the Fund and used on Swiss territory.


Annex

Statute of the Council of Europe Reinstating Fund

Approved by the Federal Assembly on September 27, 1973 1

Entry into force for Switzerland on 1 Er January 1974

Art. 1 Constitution of the Fund

A Fund for the resettlement of the Council of Europe is hereby established (hereinafter referred to as the " Funds ").

The Fund is attached to the Council of Europe and submitted as such to its high authority.

Art. 2 Objective

The objective of the Fund is to help solve problems that the existence of population surpluses, including national refugees, poses or may pose to European countries through financing, through loans or loan guarantees:

(a)
Integration programmes, approved by a Member of the Fund, in accordance with Art. 6 of this Statute, aimed at creating new employment opportunities for these persons;
(b)
Resettlement programmes, approved by a Member of the Fund, providing for the granting of loans or the regulation of expenditure in favour of persons resident in Europe, wishing to settle in another country in Europe or in a country outside Europe and Committing to repay the amount of these loans or expenses up to the sums advanced by the Fund.
Art. 3 Affiliation

The member governments of the Council of Europe may become Members of the Fund in accordance with the provisions of Art. 4, section 2 (a) (i). Other governments admitted to the Fund may become Members under special conditions that the Fund may enact for each case, in accordance with the provisions of Art. 4, section 2 (a) (ii).

Art. 4 Members' obligations

Section 1-Equity

The Fund issues equity securities, denominated in a currency of account, to which Members subscribe. Each title has the same nominal value. Members shall free themselves from their subscription by instalments in their national currency at the official exchange rates prevailing on the date of the subscription.

Section 2-Subscriptions

(a)
Each Member subscribs to a number of shares:
(i)
The number of participation titles made available to each member state of the Council of Europe shall be set out in the table annexed to this Statute. Each of these Members of the Fund shall subscribe to such shareholdings as it wishes without, however, its initial subscription being less than one-quarter of the number of titles reserved for it.
(ii)
The number of titles of other Members participating in the Fund shall be fixed in accordance with the Fund's Executive Committee, in accordance with Art. 9, para. (e) of this Statute.
(b)
Each Member shall pay immediately after its affiliation at least twenty-five per cent (25 %) of the subscription price of the minimum number of shares to which it is subscribed: the balance shall be paid in accordance with Art. 9, para. (c).

Section 3-Maintaining the Value of Subscriptions

If the peer of a Member State's currency is lowered or if the exchange rate of the currency of the Member State has depreciated to an important extent, it shall pay to the Fund, within a reasonable period of time, an additional sum of its own currency, Sufficient to maintain at the same value as at the time of subscription the amount subscribed by it in securities of participation in the Fund.

Section 4-Obligations Limit

No member is committed to third parties by an obligation assumed by the Fund.

Art. 5 Financial Competitions and Debt Operations

For use in accordance with its objectives, the Fund may accept financial assistance. It can also borrow funds.

The Fund is entitled to receive payments for specific purposes consistent with the objectives of the Fund.

Art. 6 General provisions on loans and guarantees

Section 1-Types of loans

The Fund provides loans in one of the following forms:

(i)
Loans to Fund member governments;
(ii)
Loans guaranteed by a government member of the Fund and granted to any legal entity approved by that Member;
(iii)
Loans guaranteed by a government member of the Fund and granted to migrants through the Member or any legal entity approved by that Member;
(iv)
Loans granted to any legal entity approved by a government member of the Fund when the Board of Directors considers that the loan requested is accompanied by sufficient guarantees and meets the conditions specified in Section 3 below concerning The loans under consideration at par. (i), (ii) and (iii) of this section *.

*

Executive Committee resolution 11 (1957).

Section 2-Guarantees

The Fund may provide security for operations arising from the achievement of the objectives set out in Art. 2 to the conditions to be determined for each case.

Section 3-Obligations of the borrower or guarantor

(a)
The commitments made by the Governments of the Fund in respect of loans granted to them under section 1 (i) of this article and the guarantees provided by the Governments that are members of the Fund under section 1 (ii) And (iii) in each case shall contain the unconditional promise:
(i)
Repay within a specified time a specified amount expressed in a specified currency, and
(ii)
To pay, for the specified amount, an interest and a commission at a specified rate at specified time intervals from a specified date.
(b)
In determining the currencies in which the obligations of the member Governments of the Fund are expressed in their capacity as borrowers or guarantors, the Fund shall endeavour to maintain a constant value and currency relationship between its assets, including Its obligations, and subscriptions paid by its Members, including any payments made under s. 4, section 3.

Section 4-Subrogation

In the loan contracts guaranteed under Section 1 (ii) and (iii) of this Article, it shall be provided that the guarantor who has fulfilled its commitments to the Fund under this guarantee shall be subrogated to the Fund vis-à-vis the borrower or Borrowers.

Section 5-Statements by Members

The Fund shall receive, in support of requests for loans relating to resettlement or integration programmes, a declaration under which the Member concerned

(i)
Acted on the program;
(ii)
Declares that the programme will enable the resettlement or integration of persons resident on its European territory;
(iii)
State that it is not possible to obtain the necessary funds from another source on a reasonable basis,

Section 6-Information to be Provided

The Board of Directors provided for in Article 10 of this Statute shall determine the nature of the information and commitments that any borrower is required to provide in support of its application.

Art. 7 Investments

Section 1-Temporary investment

Pending the first use of funds subscribed by a State, the Fund may place them in treasury bills or other bonds issued by that State and guaranteed by it.

In investment operations, the Board of Directors will seek expert advice on investments.

Section 2-Accumulation and investment of reserves

The reserves of the Fund arising from a surplus of interest and commission income may be accumulated and invested in whole or in part under the conditions to be determined by the Board of Directors.

Art. 8 Organization, administration and control of the Fund

The organisation, administration and control of the Fund shall be provided by the following bodies:

-
The Executive Committee;
-
The Governing Council;
-
The Governor;
-
The Monitoring Committee;

In accordance with the provisions of the following articles.

Art. Executive Committee

Section 1-Decisions reserved for Members

Members, meeting in the Executive Committee, are entitled to:

(a)
Choose the currency of account and determine the par value of the equity securities;
(b)
Determine the conditions under which the Fund accepts financial or borrowing funds and determine the rights to be granted to lessors or lenders, including their rights to the Fund's assets;
(c)
Set deadlines for the release of the shares subscribed to in accordance with the requirements of the Fund for the achievement of its objectives;
(d)
Setting the Fund's management principles;
(e)
Allow governments other than member governments of the Council of Europe to join the Fund, set the conditions for admission and the number of shares to be subscribed by these governments;
(f)
Appoint the Governor, revoke the Governor and accept his resignation;
(g)
To recommend legislative, international or other measures that Members will take, inter alia, to define the special regime of the assets or assets of the Fund in their territory or in third territory, and the commitments of Members arising from the Special operations of the Fund;
(h)
Amend this Statute without, however, changing its objectives;
(i)
Interpret this Statute;
(j)
Suspend the operations of the Fund on an ongoing basis and allocate its assets;
(k)
Establish the rules of procedure and appoint its President;
(l)
Appoint the three Commissioners to act as the Supervisory Committee.

Section 2-Vote

(a)
Decisions reserved to Members of the Fund shall be taken by votes, expressed either orally at meetings or in writing in the interval of their meetings.
(b)
Each member of the Fund shall have one vote for each participating interest held by him.
Art. 10 Board of Directors

Section 1-Decisions reserved for the Board of Directors

The Board of Directors has all the necessary powers to administer the Fund. This includes a decision on the following objects:

(a)
Periodically determine which portion of the potential reserves of the Fund must be accumulated and invested in accordance with the provisions of s. 7, section 2;
(b)
Approve the operating budget of the Fund on the basis that management expenditure cannot exceed interest and commission income;
(c)
To provide the Governor with general or specific directives;
(d)
To establish the rules of procedure of the Fund, in particular the conditions for the granting of loans or loan guarantees;
(e)
Submit annually to the Special Representative, to be submitted to the Committee of Ministers, the report prepared by the Governor of the Fund.

Section 2-Composition of the Administrative Board

(a)
The Board of Directors shall consist of a Chairman appointed by the Executive Committee and a representative of each of the Members of the Fund. Each representative on the Board of Directors shall have a number of votes equal to the number of shares held.
(b)
The Governing Council may call upon representatives of interested international and intergovernmental organizations to participate in its work, without the right to vote.

Section 3-Length of term of office of members of the Board of Directors

Any designated member of the Board of Directors shall remain in office until terminated by the Member of the Fund who has appointed it. The members of the outgoing Council may still be appointed or re-elected.

Section 4-Method of decision of the Board of Directors

(a)
The Governing Council shall meet on convocation by its President, as often as is deemed necessary and at least once a quarter;
(b)
Decisions of the Board of Directors shall be taken by a majority of the votes of the members present. The Council shall deliberate only if at least two-thirds of its members are present.

Section 5-Commissions of the Executive Board

The Board of Directors may at any time set up committees composed of its members and delegate to such committees the powers specified in each case.

Section 6-Compensation for Board Members

The members of the Board of Directors shall not receive any remuneration from the Fund; however, reasonable costs incurred in the performance of their duties as members of the Board of Directors shall be reimbursed by the Fund.

Art. 11 Governor

Section 1-Duties of the Governor

The Governor is responsible for the day-to-day administration of the Fund in accordance with and under the supervision of the Board of Directors.

It represents the Fund in all transactions that it carries out. It shall not contract any financial obligation, in accordance with the provisions of Art. 5 and 6 of the Staff Regulations, without the express authorisation of the Administrative Council.

It shall incur administrative expenditure within the limits of the budgetary appropriations allocated to it.

It shall take all necessary steps to keep these expenses to a minimum. In particular, it shall use the services offered by the Council of Europe and shall ensure, in financial matters, the cooperation of central banks of the Member States and of the Bank for International Settlements and, in the field of resettlement And the integration of population surpluses, the cooperation of the institutions and the relevant personalities in this field.

It holds the Fund's assets and assets and maintains adequate accounting.

Section 2-Reports to the Executive Board

The Governor shall, at regular intervals, provide the Board of Directors with reports on the position of the Fund and on the operations envisaged and shall provide it with all the information it may request.

Each year, the Governor draws up a full report on all operations of the year.

It includes the balance sheet of the Fund and the Financial Operations Management Account and the report prepared by the Monitoring Committee on these documents.

Section 3-Appointment and Compensation of the Governor

The Governor shall be appointed for a term of 3 years and shall be re-elected after his term of office expires. The amount of its remuneration shall be fixed by the Administrative Board of the Fund.

Art. 12 Oversight Committee

The Monitoring Committee reviews the Fund's accounts once a year and verifies the accuracy of the management account and balance sheet.

The report of the Committee certifies that the balance sheet and the management account are in agreement with the entries and that they accurately and honestly reflect the statement of operations of the Fund at the end of each financial year.

Art. 13 Seat

The headquarters of the Fund is located in Strasbourg, France. The management services office will be established by the Board of Directors.

Art. 14 Suspension of operations and liquidation of the Fund

Section 1-Suspension of operations

If the Executive Committee decides on the closure of operations, the Fund shall immediately cease all activities except those relating to the settlement of its obligations as well as to the orderly implementation, conservation and Safeguarding of assets.

Section 2-Withdrawal of Members

Any Member may withdraw from the Fund after six months prior to the end of the current financial year. The conditions will be determined by the Executive Committee.

Section 3-Liquidation of the Fund

After payment of all the Fund's commitments, including the performance of the allocations, granted by the Fund in the event of the acceptance of financial assistance under Art. 5, or the establishment of reserves for the purpose of this regulation, the members of the Fund may agree on an asset allocation plan based on the following principles:

(a)
No Member of the Fund in a position of debtor vis-à-vis the Fund may be admitted to participate in the allocation until it has regularised its position.
(b)
If the net assets of the Fund permit, each member of the Fund receives the amount that it has paid under s. 4 in the currency of that payment, or, if this is not possible, the equivalent of that amount in other currencies, calculated at the exchange rate prevailing on the date of dispatch. If the net assets of the Fund do not permit the full repayment of these shares, the potential deficit will be shared among all members of the Fund in the same way.
(c)
Any net assets of the Fund remaining after the distribution of such shares shall be distributed among all members of the Fund in proportion to the number of shares held by each Fund.
(d)
If these shares are paid to certain Members of the Fund in foreign currencies of other Members of the Fund, the latter shall take the necessary measures to ensure, in accordance with the rules provided for by their exchange rate regulation, the movement of the amounts thus paid For distribution.
Art. 15 Final Provisions Contribution Scale to the " Resettlement Fund
Council of Europe " on the basis of $10 million Scope of the status of the Resettlement Fund
On 1 Er October 2012

Section 1-Organizational Meeting

As soon as this Statute is adopted by a resolution of the Committee of Ministers on the basis of a partial agreement, the Secretary General of the Council of Europe will, in agreement with the Special Representative, convene the first meeting of the Steering Committee Which shall take all necessary or desirable measures to organise the Fund in accordance with this Statute.

Section 2-Notification of commencement of operations

The Governor shall notify the Members of the Fund of the date on which the Fund is ready to commence operations.

Section 3-Accession

(a)
Any member of the Council of Europe who is not a member of the Fund may accede to the Fund by a declaration addressed to the Committee of Ministers. This declaration shall contain the acceptance of this Statute by the Government and the subscription of the Government's share of the number of shares fixed in accordance with Art. 4 of this Statute.
(b)
Any Government not a member of the Council of Europe which, in accordance with Section 1, para. (e), s. 9, has been admitted to join the Fund, may accede to the Fund by depositing with the Secretary General of the Council an instrument establishing that it accepts this Statute, that it agrees with the number of shares fixed in agreement with the Committee of Direction, pursuant to s. 4 of this Statute, that it has taken all the necessary measures to implement all the obligations arising from this Statute and that it has fulfilled all the conditions of admission laid down by the Committee of Management.
(c)
The Secretary General of the Council of Europe shall notify the Governor and all Members of the Fund of the receipt of any declaration of accession and the deposit of any instrument of accession in accordance with the preceding paragraphs.

Section 4-Interpretation of this Statute

Any decision of the Board of Directors with the interpretation of this statute may be brought before the Executive Committee at the request of a Member. Pending the decision of the Executive Committee, the Fund may, to the extent that it considers it necessary, act on the basis of the Governing Council's decision.

Section 5-Certified copy

The Secretary General of the Council of Europe shall transmit a certified copy of this Staff Regulations to any Member of the Council and any non-member government of the Council having acceded to the Fund.

Contribution Scale to the " Resettlement Fund
The Council of Europe " on the basis of $10 million 1

Percentage Distribution (1955)

Number of titles at a rate of 1 per $1000

Exchange Rate (1. 1. 1955)

Contributions in national currencies

Belgium

3.3

330

0.02

16 500 000

Denmark

1.8

180

0.1448

1,243,094

France

18.4

1,840

0.002857

644 032 202

Federal Republic of Germany

18.4

1,840

0.2381

7,727 845

Greece

3.3

330

0.03333

9,900 990

Iceland

0.2

20

0.614

325,733

Ireland

1.2

120

2.80

42,857

Italy

18.4

1,840

0.0016

1 150 000 000

Luxembourg

0.2

20

0.02

1,000,000

Netherlands

4.0

400

0.2632

1,519 757

Norway

1.4

140

0.14

1,000,000

Saar

0.4

40

0.002857

1,400 070

Sweden

2.8

280

0.1933

1,448,526

Turkey

7.8

780

0.3571

2,184 262

United Kingdom

18.4

1,840

2.80

657

Total

100.0

10,000

The percentage distribution is that adopted for contributions to the Council of Europe budget.

Scope of the status of the Resettlement Fund
On 1 Er October 2012 2

Members of the Fund

From the

Albania

24 June

1999

Germany

April 16

1956

Belgium

April 16

1956

Bosnia and Herzegovina

18 December

2003

Bulgaria

28 May

1994

Cyprus

18 October

1962

Croatia

24 June

1997

Denmark

1 Er April

1978

Spain

1 Er January

1978

Estonia

1 Er April

1998

Finland

13 May

1991

France

April 16

1956

Georgia

10 January

2007

Greece

April 16

1956

Hungary

10 March

1998

Ireland

30 November

2004

Iceland

April 16

1956

Italy

April 16

1956

Latvia

September 14

1998

Liechtenstein

1 Er January

1976

Lithuania

8 January

1996

Luxembourg

April 16

1956

Macedonia

15 December

1997

Malta

1 Er March

1973

Moldova

4 May

1998

Montenegro

19 November

2007

Norway

1 Er January

1978

Netherlands

1 Er January

1978

Poland

August 17

1998

Portugal

1 Er August

1976

Czech Republic

12 February

1998

Romania

March 5

1996

Holy See

4 September

1973

San Marino

April 27

1989

Serbia

April 23

2004

Slovakia

22 December

1998

Slovenia

1 Er February

1994

Sweden

1 Er July

1977

Switzerland

1 Er January

1974

Turkey

April 16

1956


1 Switzerland has subscribed shares for a capitalized amount of US$ 180,000. (art. 1 of the FA of 28. 1978; RS 192.11 ).
2 RO 1977 39, 1978 1488, 1990 537, 2004 3454, 2007 1173 and 2012 5599.



1 Art. 1 al. 1 of the CA of 27. 1973 (RO 1974 700)



RO 1974 702; FF 1973 I 317


1 Art. 2 al. 1 of the CA of 27. 1973 (RO 1974 700)
2 RS 0.192.110.3
3 The text of this Statute shall be annexed to this Protocol.
4 RS 0.192.030
5 RO 1974 702, 1977 38, 1977 1457, 1982 1288, 1990 536, 1994 1088, 2004 3453, 2007 1173 and 2012 5599. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
6 Art. 2 al. 1 of the CA of 27. 1973 (RO 1974 700)


State 1 Er October 2012