Rs 0.192.111 European Convention On April 24, 1986, On The Recognition Of The Legal Personality Of International Non-Governmental Organizations

Original Language Title: RS 0.192.111 Convention européenne du 24 avril 1986 sur la reconnaissance de la personnalité juridique des organisations internationales non gouvernementales

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0.192.111 text original Convention European on the recognition the law of the non-governmental international organizations concluded in Strasbourg on 24 April 1986, approved by the Federal Assembly on 20 June 1990 Instrument of ratification deposited by Switzerland on 24 September 1990 entry into force for the Switzerland on 1 January 1991 (Status January 13, 2011) preamble the Member States of the Council of Europe , signatories to the present Convention, considering that the aim of the Council of Europe is to achieve greater unity between its members, so including to save and promote the ideals and principles which are their common heritage;
Recognizing that international organizations, non-governmental activity useful to the international community particularly in the areas of scientific, cultural, charitable, philanthropic, health and education and contribute to the achievement of the goals and principles of the Charter of the United Nations and the Statute of the Council of Europe;
Wishing to establish in their mutual relations the rules setting the conditions for the recognition of the legal personality of these organizations to facilitate their activities at European level, have agreed to the following: art. 1. this Convention applies to associations, foundations and other private institutions (hereinafter referred to as NGOS) who fulfil the following conditions: a. have a non profit international utility; b. be created by an act under the domestic law of a party; c. activity effective in at least two States, etd. have their registered office on the territory of a party and their real Headquarters on the territory of that party or of another party.

Art. 2. (1) an NGO legal personality and capacity as they are acquired in the part in which it has its registered office are recognized in its own right in other parts.
(2) when they are dictated by an essential public interest, restrictions, limitations or special procedures for the exercise of the rights arising from legal capacity by the legislation of the party in which recognition is granted, are applicable to NGOS established in another part.

Art. 3. (1) the evidence of the acquisition of the personality and legal capacity is provided by the presentation of the articles or other constating documents of the NGO. Such acts will be accompanied by documents establishing the administrative authorization, registration or any other form of advertising in the party who has granted the personality and ability. In a part that knows no publicity procedure, the Constitutive Act of the NGO will be duly certified by a competent authority. At the time of signature or of the deposit of the instrument of ratification, acceptance, approval or accession, the State concerned will indicate the identity of this authority to the Secretary General of the Council of Europe.
(2) to facilitate the application of the per. 1, a party may provide an optional advertising system providing NGOS to provide proof provided for in the previous paragraph for every act they perform.

Art. 4. in each party, the application of this Convention cannot be discounted when the NGO invoking this Convention by its object, by its purpose or by the activity actually carried out: a. contravene national security, public safety or the defence of the order and prevention of crime, the protection of health or morals to the protection of the rights and freedoms of others, forgotten the source. jeopardizes relations with another State or the maintenance of peace and security.

Art. 5. (1) this Convention is open for signature by the Member States of the Council of Europe which may express their consent to be bound by: a. signature without reservation of ratification, acceptance or approval, forgotten the source. signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

(2) the instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

Art. 6. (1) the present Convention will enter into force the first day of the month following the expiration of a period of three months after the date on which three Member States of the Council of Europe have expressed their consent to be bound by the Convention in accordance with the provisions of art. 5. (2) for any Member State which subsequently expresses its consent to be bound by the Convention, it will enter into force the first day of the month following the expiration of a period of three months after the date of signature or of the deposit of the instrument of ratification, acceptance or approval.

Art. 7 (1) after the entry into force of the Convention, the Committee of Ministers of the Council of Europe may invite any non-Member State of the Council to accede to this Convention, by a decision taken by the majority provided for in art. 20.d of the Statute of the Council of Europe and the unanimity of the representatives of the Contracting States entitled to sit on the Committee.
(2) for any acceding State, the Convention will be effective the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession by the Secretary General of the Council of Europe.

SR 0.192.030 art. Time of signature or of the deposit of its instrument of ratification, acceptance, approval or accession, 8 (1) any State may designate any territories to which this Convention would apply.
(2) any State may, at any time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory designated in the statement. The Convention will enter into force with respect to that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.
(3) any declaration made under the two preceding paragraphs may be withdrawn, with respect to any territory referred to in this declaration by notification to the Secretary General. The withdrawal will take effect on the first day following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

Art. 9. no reservation may be made to this Convention.

Art. 10 (1) any party may, at any time, denounce this agreement by notice to the Secretary General of the Council of Europe.
(2) the denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

Art. 11 scope on January 13, 2011 reserve and statement the Secretary General of the Council of Europe shall notify the Member States of the Council and any State which has acceded to this Convention: a. any signature, b. the deposit of any instrument of ratification, acceptance, approval or accession, c. any date of entry into force of this Convention in accordance with its art. 6, 7 and 8; d. any other Act, notification or communication relating to this Convention.

In faith of what, the undersigned, duly authorized to that effect, have signed this Convention.
Done at Strasbourg, 24 April 1986, 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 of Europe will be communicated certified copy to each of the Member States of the Council of Europe and to any State invited to accede to this Convention.
(Follow signatures)

Scope on 13 January 2011, States parties Ratification Signature without reservation of ratification (if any) coming into force Austria 27 April 1992 1 August 1992 Belgium September 4, 1990 January 1, 1991 Cyprus 17 March 2004 1 July 2004 France * November 26, 1999 1 March 2000 Greece June 30, 1989 1 January 1991 Macedonia 13 July 2000 November 1, 2000 Netherlands 21 February 2007 June 1, 2007 Portugal October 28, 1991 February 1, 1992 United Kingdom February 3, 1989 1 January

1991 Guernsey 8 December 1989 1 January 1991 Isle of Man 3 February 1989 1 January 1991 Jersey 7 October 1993 1 February 1994 Slovenia 16 September 1993 if 1 January 1994 Switzerland September 24, 1990 January 1, 1991 * reservations and declarations, see below.

For the Kingdom in Europe.

Reserve and French Republic France declaration notes that the Convention of the Council of Europe of 24 April 1986 on the recognition the law of international organizations non-governmental investigated different methods of application on several points on the part of the countries that have already made its ratification.
She recommends, to harmonize, the negotiation of an amendment to the Convention which would clarify the scope for interpretation granted to States Parties to the latter on these various points.
In the immediate future and pending harmonization that it advocates, the French Republic wishes to state that:

1 will be presumed to fulfil the conditions giving access to the benefit of the Convention, which is the pursuit of a "non-profit of international utility" and the exercise of effective in at least two States 'activity' (art. 1 (a): - INGOS enjoying a consultative status with the Council of Europe or international institutions system United Nations, or an observer status managers committees of the Council of Europe intergovernmental co-operation - private not-for-profit organizations engaged in the activities in at least two countries and received a procedure for recognition of their public utility under the domestic law of one of the States party to the agreement where they operate.

For other agencies cannot rely on this recognition, the France will enjoy on a case-by-case their private non-profit nature, their international utility, their actual activity in at least two States and their situation with regard to the criteria of art. 4 2. Art. 2 of the Convention will be interpreted as having no consequences, particularly in the tax, other than those relating to the recognition of the legal personality and capacity resulting in french domestic law.
3. the Convention applies to the entire territory of the French Republic.
4. the bodies of french right that can be recognized beneficiaries of the Convention to another State party are: associations, associations of public utility, alsacien-mosellan local law associations, foundations recognized public utility, the foundations of businesses, unions, religious congregations, mutuals and cooperatives.

1990 2058 RO; FF 1989 III 1473 RO 1990 2057 RS 0.120 RO 1990 2061, 1994 1092, 2003 3261, 2007 589 and 2011 607. A version of the update scope is published on the web site of the FDFA (http://www.dfae.admin.ch/traites).

State on January 13, 2011

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