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RS 0.192.111 European Convention of 24 April 1986 on the recognition of the legal personality of international non-governmental organisations

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

Original text

European Convention on the Recognition of the Legal Personality of International Non-Governmental Organizations

Conclue to Strasbourg on 24 April 1986
Approved by the Federal Assembly on June 20, 1990 1
Instrument of ratification deposited by Switzerland on 24 September 1990
Entry into force for Switzerland on 1 Er January 1991

(State on 13 January 2011)

Preamble

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

Considering that the aim of the Council of Europe is to achieve a closer union among its members, in particular in order to safeguard and promote the ideals and principles which are their common heritage;

Recognizing that international non-governmental organizations are active in the international community, in particular in the fields of science, culture, charitable, philanthropic, health and education, and Contribute to the achievement of the purposes and principles of the Charter of the United Nations 2 Statute of the Council of Europe;

Desiring to establish in their mutual relations the rules laying down the conditions for the recognition of the legal personality of these organisations in order to facilitate their functioning at European level,

Have agreed as follows:

Art. 1

This Convention shall apply to associations, foundations and other private institutions (hereinafter referred to as NGOs) which fulfil the following conditions:

A.
Have a non-profit international purpose;
B.
Have been created by an act governed by the domestic law of a Party;
C.
To carry on an effective activity in at least two States, and
D.
Have their registered office in the territory of a Party and their actual headquarters in the territory of that Party or another Party.
Art. 2

(1) The legal personality and capacity of an NGO as acquired in the Party in which it has its registered office shall be recognized as of right in the other Parties.

(2) Where they are dictated by an essential public interest, the restrictions, limitations or special procedures provided for in the exercise of rights arising out of the legal capacity of the law of the Party in which recognition is Place, shall apply to NGOs established in another Party.

Art. 3

(1) Proof of the acquisition of legal personality and capacity shall be provided by the presentation of the statutes or other acts of incorporation of the NGO. Such acts shall be accompanied by the documents establishing the administrative authorisation, registration or any other form of publicity in the Party which has granted personality and capacity. In a Party which does not know of any publicity procedures, the constituent instrument of the NGO shall be duly certified by a competent authority. Upon signature or deposit of the instrument of ratification, approval, acceptance or accession, the State concerned shall indicate the identity of that authority to the Secretary General of the Council of Europe.

(2) To facilitate the application of s. 1, a Party may provide for an optional advertising system that provides NGOs with the evidence provided for in the preceding paragraph for each act they perform.

Art. 4

In each Party, the application of this Convention may be excluded only where the NGO invoking this Convention by its object, purpose or activity actually exercised:

A.
Contravening national security, public safety, the defence of the order and the prevention of crime, the protection of health or morals, the protection of the rights and freedoms of others, or
B.
Compromises relations with another State or the maintenance of international peace and security.
Art. 5

(1) This Convention shall be 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, or
B.
Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

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

Art. 6

(1) This Convention shall enter into force on 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 Pursuant to the provisions of s. 5.

(2) For any Member State which subsequently expresses its consent to be bound by the Convention, it shall enter into force on the first day of the month following the expiration of a period of three months after the date of signature or of the filing of The instrument of ratification, acceptance or approval.

Art. 7

(1) After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any State not a member of the Council to accede to this Convention by a decision taken by a majority provided for in Art. 20.d of the Statute of the Council of Europe 1 And unanimously by the representatives of the Contracting States having the right to sit on the Committee.

(2) For any acceding State, the Convention shall enter into force on 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 with the Secretary General of the Council of Europe.


Art. 8

(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.

(2) Any State may, at any other 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 declaration. The Convention shall enter into force in respect of 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, in respect of any territory designated in that declaration, by notification addressed to the Secretary General. The withdrawal shall 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.

No reservations to this Convention shall be permitted.

Art. 10

(1) Any Party may, at any time, denounce this Convention by sending a notification 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 Application on 13 January 2011 Reserve and declaration

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 witness whereof , the undersigned, duly authorized to that effect, have signed this Convention.

Done at Strasbourg, on 24 April 1986, 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 member state of the Council of Europe and to any State invited to accede to this Convention.

(Suivent signatures)

Scope of application January 13, 2011 3

States Parties

Ratification Signature without reservation of ratification (If)

Entry into force

Austria

April 27

1992

1 Er August

1992

Belgium

4 September

1990

1 Er January

1991

Cyprus

March 17

2004

1 Er July

2004

France *

26 November

1999

1 Er March

2000

Greece

30 June

1989

1 Er January

1991

Macedonia

July 13

2000

1 Er November

2000

Netherlands A

21 February

2007

1 Er June

2007

Portugal

28 October

1991

1 Er February

1992

United Kingdom

3 February

1989

1 Er January

1991

Guernsey

8 December

1989

1 Er January

1991

Isle of Man

3 February

1989

1 Er January

1991

Jersey

7 October

1993

1 Er February

1994

Slovenia

16 September

1993 Si

1 Er January

1994

Switzerland

24 September

1990

1 Er January

1991

*

Reservations and declarations, see below.

A

For the Kingdom in Europe.


Reserve and declaration

France

The French Republic notes that the Council of Europe Convention of 24 April 1986 on the recognition of the legal personality of international non-governmental organisations is the subject of different implementing rules on A number of points on the part of the countries which have already ratified it.

It recommends, with a view to harmonisation, the negotiation of an amendment to this Convention which would specify the margin of interpretation granted to the States Parties to the Convention on these different points.

In the immediate and pending harmonisation, the French Republic wishes to make it clear that:

1. Will be presumed to fulfil the conditions giving access to the benefit of the Convention, i.e. the pursuit of a "non-profit international purpose" and the exercise of "effective activity in at least two States" (Art. 1 A ):

-
INGOs enjoying consultative status with the Council of Europe or the international institutions of the United Nations system, or observer status with the Committees Directors of intergovernmental cooperation of the Council of Europe.
-
Non-profit-making private organisations engaged in activities in at least two countries and having benefited from a procedure for recognition of their public utility in accordance with the national law of one of the States acceding to the agreement in which they operate Their activities.

For other bodies which cannot rely on this recognition, France will, on a case-by-case basis, appreciate their non-profit nature, their international utility, their effective activity in at least two States and their situation in the light of the Criteria set out in s. 4.

2. Art. 2 of the Convention shall be interpreted as having no consequence, in particular in fiscal terms, other than those relating to the recognition of the legal personality and the capacity deriving from it in French domestic law.

3. The Convention applies to the whole territory of the French Republic.

4. The bodies of French law which may be recognised as beneficiaries of the Convention in another State Party shall be: associations, recognised associations of public interest, associations of local alsacien-mosellan law, Recognised foundations of public utility, business foundations, trade unions, religious congregations, mutual societies and cooperatives.


RO 1990 2058; FF 1989 III 1473


1 RO 1990 2057
2 RS 0.120
3 RO 1990 2061, 1994 1092, 2003 3261, 2007 589 and 2011 607. A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).


Status January 13, 2011