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RS 0.414.8 Convention of 11 April 1997 on the recognition of qualifications for higher education in the European Region

Original Language Title: RS 0.414.8 Convention du 11 avril 1997 sur la reconnaissance des qualifications relatives à l’enseignement supérieur dans la région européenne

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0.414.8

Original text

Convention on the Recognition of Qualifications relating to Higher Education in the European Region

Conclue in Lisbon on 11 April 1997

Signed by Switzerland on 24 March 1998 1

Entry into force for Switzerland on 1 Er February 1999

(State on 3 June 2013)

The Parties to this Convention,

Conscious of the fact that the right to education is a human right and that higher education, which plays a prominent role in the acquisition and advancement of knowledge, constitutes an exceptional cultural and scientific wealth, For both individuals and society;

Whereas higher education should play an essential role in promoting peace, mutual understanding and tolerance, and contributing to the creation of mutual trust between peoples and nations;

Whereas the great diversity of education systems in the European region reflects its cultural, social, political, philosophical, religious and economic diversities and therefore represents an exceptional wealth That it should be fully respected;

To enable all inhabitants of the region to benefit fully from the wealth represented by this diversity by facilitating access by the inhabitants of each State and the students of the educational institutions of each Party to the Educational resources of other Parties, in particular by allowing them to continue their training or to conduct a period of study in the higher education institutions of these other Parties;

Whereas recognition of studies, certificates, diplomas and titles obtained in another country in the European Region is an important measure in order to promote academic mobility between the Parties;

Attaching great importance to the principle of institutional autonomy, and conscious of the need to safeguard and protect this principle;

Convinced that a fair recognition of qualifications is a key element of the right to education and a responsibility of society;

Having regard to the Council of Europe and UNESCO Conventions on academic recognition in Europe:

European Convention of 11 December 1953 on the equivalence of diplomas giving access to academic institutions 2 (1953, ST. O 15) and its Additional Protocol of 3 June 1964 3 (1964, ST. O 49);
European Convention of 15 December 1956 on the equivalence of periods of university study 4 (1956, ST. O 21);
European Convention of 14 December 1959 on the academic recognition of academic qualifications 5 (1959, ST. O 32);
Convention of 21 December 1979 on the recognition of higher education studies and diplomas in the States of the Region of Europe 6 (1979);
European Convention of 6 November 1990 on the general equivalence of periods of university study 7 (1990, ST. O 138);

Having regard also to the International Convention on the Recognition of Studies, Diplomas and Degrees of Higher Education in the Arab States and the European States bordering the Mediterranean (1976), adopted in the context of UNESCO and partly covering academic recognition in Europe;

Recalling that this Convention should be considered, also, in the context of the Conventions and the International Recommendation of UNESCO covering other regions of the world, and that it is necessary to improve the exchange of information Between these regions;

Aware of the profound evolution of higher education in the European region since these Conventions have been adopted, resulting in greater diversification both within national higher education systems and between And the need to adapt legal instruments and practices to reflect this evolution;

Aware of the need to find common solutions to the practical problems of recognition in the European region;

Conscious of the need to improve current recognition practices, to make them more transparent and better adapted to the current state of higher education in the European region;

Convinced of the scope of a Convention drawn up and adopted under the joint auspices of the Council of Europe and UNESCO, creating a framework for the future development of recognition practices in the European region;

Conscious of the importance of providing for permanent implementation mechanisms, with a view to applying the principles and provisions of this Convention,

Agreed to the following:

Section I Definitions

Art. I

For the purposes of this Convention, the following terms shall have the following meanings:

Access (higher education)

The right of qualified candidates to apply and be considered for admission to higher education.

Admission (to higher education institutions and programmes)

The act or system allowing qualified candidates to study in a specified institution and/or a specified higher education program.

Evaluation (of institutions and programmes)

The process of establishing the quality of the teaching of a higher education institution or programme.

Evaluation (of individual qualifications)

Written assessment by a competent body of the foreign qualifications of an individual.

Competent recognition authority

A body formally responsible for making binding decisions on the recognition of foreign qualifications.

Higher education

All types of study cycles or sets of studies, training or research training, at the post-secondary level, recognised by the relevant authorities of a Party as falling within its higher education system.

Higher Education Establishment

Establishment of higher education and recognised by the competent authority of a Party as falling within its higher education system.

Higher Education Program

A study cycle recognized by the competent authority of a Party as falling within its higher education system and whose success provides the student with a higher education qualification.

Period of Study

Any part of a higher education programme, which has been evaluated and validated and which, although not a comprehensive curriculum in itself, represents a significant body of knowledge and skills.

Qualification

A. Higher education qualification

Any degree, diploma, other certificate or other title issued by a competent authority attesting to the success of a higher education programme.

B. Qualification giving access to higher education

Any diploma or other certificate issued by a competent authority attesting to the success of an educational programme and conferring on its holder the right to be taken into account in order to enter higher education (cf. The definition of access).

Recognition

Certification, established by a competent authority, of the value of a foreign education qualification, for the purpose of accessing education and/or employment activities.

Requirements

A. General conditions

Conditions which must be fulfilled, in all cases, for access to higher education, access to a specified level of that education, or for the issue of a higher education qualification at a specified level.

B. Specific conditions

Conditions which must be fulfilled, in addition to the general conditions, in order to obtain admission to a particular programme of higher education or the issue of a specific qualification of higher education in a field Specific studies.

Section II Jurisdiction of the authorities

Art. II.1

(1) Where the central authorities of a Party are competent to decide on matters of recognition, that Party shall be immediately bound by the provisions of this Convention and shall take the necessary measures to ensure the implementation Its provisions in its territory.

Where the Party has jurisdiction to decide on recognition matters, the Party shall, at the time of signature or at the time of signature, provide a brief report on its constitutional status or structure to one of the depositaries. The deposit of instruments of ratification, acceptance, approval or accession, or at any other time thereafter. In such a case, the competent authorities of the entities comprising the Parties concerned shall take the necessary measures to ensure the application of the provisions of this Convention in their territory.

(2) Where it is higher education institutions or other entities that have the competence to decide individually on matters of recognition, each Party shall, depending on its situation or constitutional structure, communicate the text of the This Convention shall apply to such institutions or entities and shall take all possible measures to encourage them to examine and apply the provisions with benevolence.

(3) The provisions of s. 1 and 2 of this Article shall apply Mutatis mutandis The obligations of the Parties under the following Articles of this Convention.

Art. II.2

At the time of signature or deposit of its instrument of ratification, acceptance, approval or accession, or at any other time thereafter, each State, the Holy See, the European Community shall indicate to one of the depositaries of the Present Convention, which authorities are competent to take the different types of recognition decisions.

Art. II.3

Nothing in this Convention shall be regarded as derogating from the more favourable provisions relating to the recognition of qualifications issued in one of the Parties, which would be contained in an existing treaty or Future, or resulting from it, and of which a Party to this Convention would be or could become party.

Section III Fundamental principles for the assessment of qualifications

Art. III.1

(1) The holders of qualifications issued in one of the Parties shall have adequate access, upon request to the competent body, to the assessment of such qualifications.

(2) No distinction shall be made in this regard based on, inter alia, sex, race, colour, disability, language, religion, political opinion or any other opinion, the national, ethnic or social origin of the applicants, Belonging to a national minority, wealth, birth or any other situation, or any other circumstance unrelated to the value of the qualification for which recognition was sought. In order to ensure this right, each Party undertakes to take the necessary measures to evaluate any application for recognition of qualifications, taking into account only the knowledge and skills acquired.

Art. III.2

Each Party shall ensure that the procedures and criteria used in the assessment and recognition of qualifications are transparent, consistent and reliable.

Art. III.3

(1) Recognition decisions shall be taken on the basis of relevant information relating to the qualifications for which recognition is sought.

(2) The responsibility to provide the necessary information shall, at first instance, be the responsibility of the applicant, who shall provide them in good faith.

(3) Notwithstanding the responsibility of the applicant, at the request of the applicant, the institutions which have granted the qualifications in question shall have the duty to provide it, as well as to the competent institution or authorities of the country where the recognition is Request, relevant information within the limits of reasonableness.

(4) The Parties shall instruct all educational institutions within their education system to respond to any reasonable request for information made for the purpose of assessing the qualifications obtained in the said Institutions, or where appropriate, encourage institutions to do so.

(5) It is the responsibility of the organization undertaking the assessment to demonstrate that an application does not meet the required conditions.

Art. III.4

In order to facilitate the recognition of qualifications, each Party shall ensure that necessary and clear information is provided on its education system.

Art. III.5

Recognition decisions shall be taken within a reasonable period of time, specified in advance by the competent recognition authority, from the time when all the information necessary for the examination of the application has been provided. In the event of a negative decision, the reasons for the refusal are stated and the applicant is informed of the measures it may take in order to obtain recognition at a later stage. In the event of a negative decision or no decision, the applicant must be able to appeal the decision within a reasonable period of time.

Section IV Recognition of qualifications giving access to higher education

Art. IV.1

Each Party shall recognize, for the purposes of access to programmes under its higher education system, qualifications issued by other Parties which, in those Parties, meet the general conditions of access to education Unless it can be shown that there is a substantial difference between the general conditions of access in the Party in which the qualification was obtained and in the Party in which the recognition of the Qualification is requested.

Art. IV.2

Alternatively, it is sufficient for a Party to permit the holder of a qualification issued in one of the other Parties to obtain an assessment of that qualification at the request of the holder, and the provisions of Article IV.1 shall apply, Mutatis mutandis Mutatis mutandis In such a case.

Art. IV.3

Where a qualification only gives access to certain types of specific institutions or programmes of higher education in the Party in which it has been obtained, any other Party shall guarantee the holders of such a qualification Access to similar specific programmes in institutions under its higher education system, unless it can be shown that there is a substantial difference between the conditions of access in the Party in which The qualification was obtained and the conditions of access in the Party in which the Recognition of qualification is requested.

Art. IV.4

Where admission to specific higher education programmes depends on specific conditions, complementary to the general conditions of access, the competent authorities of the Party concerned may impose these same conditions To the holders of qualifications obtained in other Parties or to assess whether applicants with qualifications obtained in other Parties meet equivalent conditions.

Art. IV.5

Where, in the Party in which they have been obtained, secondary school certificates provide access to higher education only when accompanied by certificates of completion of complementary examinations, as a condition Prior to access, the other Parties may condition the access to the same requirements or offer an alternative to meet the requirements, complementary within their own education system. Any State, the Holy See, the European Community, at the time of signature or at the time of deposit of their instrument of ratification, acceptance, approval or accession, or at any time thereafter, may declare to one of the custodians Make use of the provisions of this Article, indicating the Parties in respect of which they intend to apply this Article, and the reasons for doing so.

Art. IV.6

Without prejudice to the provisions of Art. IV.1, IV.2, IV.3, IV.4 and IV.5, admission to a specified institution of higher education or to a specified program of that institution may be limited or selective. In cases where admission to an institution and/or higher education programme is selective, the admission procedures must be designed in such a way that the assessment of foreign qualifications is carried out in accordance with Principles of equity and non-discrimination described in Section III.

Art. IV.7

Without prejudice to the provisions of Art. IV.1, IV.2, IV.3, IV.4 and IV.5, admission to a specified institution of higher education may be subject to proof that the applicant has sufficient knowledge of the language, or the teaching languages of the institution Concerned or other specified languages.

Art. IV.8

In Parties in which access to higher education may be obtained on the basis of non-traditional qualifications, similar qualifications obtained in other Parties shall be assessed in the same manner as non-traditional qualifications. Obtained in the Party in which recognition is sought.

Art. IV.9

For the purposes of admission to higher education programmes, each Party may stipulate that recognition of qualifications issued by a foreign educational institution situated in its territory shall be subject to specific conditions National legislation, or specific agreements concluded with the Party of origin of that institution.

Section V Recognition of study periods

Art. V. 1

Each Party shall recognize the periods of study completed as part of a higher education programme in another Party. Such recognition shall include such periods of study for the completion of a higher education programme in the Party in which recognition is sought, unless it can be shown that there is a difference Substantial between the periods of study completed in another Party and the part of the higher education programme which they would replace in the Party in which recognition is sought.

Art. V. 2

Alternatively, it is sufficient for a Party to allow a person who has completed a period of study in a higher education program of another Party to obtain an assessment of that period of study at the request of the person And the provisions of Art. V. 1 apply, Mutatis mutandis In such a case.

Art. V. 3

In particular, each Party shall facilitate the recognition of study periods when:

(a)
There has been prior agreement between, on the one hand, the institution of higher education or the competent authority responsible for the period of study and, on the other, the institution of higher education or the competent authority in relation to Responsible discovery for the requested discovery, and
(b)
The institution of higher education where the period of study has been completed has issued a certificate or statement of notes certifying that the student has met the requirements for the said period of study.

Section VI Knowledge of higher education qualifications

Art. VI.1

To the extent that a recognition decision is based on knowledge and know-how certified by a higher education qualification, each Party shall recognise the qualifications of higher education conferred in another Party, at Less than one can demonstrate that there is a substantial difference between the qualification for which recognition is sought and the corresponding qualification in the Party in which recognition is sought.

Art. VI.2

Alternatively, it is sufficient for a Party to permit the holder of a higher education qualification issued in one of the other Parties to obtain an assessment of that qualification, at the request of the holder, and the provisions of Art. VI.1 shall apply, Mutatis mutandis In such a case.

Art. VI.3

The recognition by a Party of a higher education qualification issued by another Party shall have the following two consequences, or one of them:

(a)
Access to supplementary higher education studies, including related examinations, and/or doctoral preparations, under the same conditions as those applicable to the holders of qualifications of the Party in which the Recognition is requested;
(b)
The use of an academic title, subject to the laws or regulations of the Party, or a court of the Party, in which recognition is sought.

In addition, recognition may facilitate access to the labour market, subject to the laws and regulations of the Party, or to a jurisdiction of the Party, in which recognition is sought.

Art. VI.4

The assessment by a Party of a higher education qualification issued in another Party may take either of the following forms:

(a)
Advice provided for employment purposes;
(b)
Advice to an educational institution for the purpose of admission to its programs,
(c)
Advice to any other recognition authority.
Art. VI.5

Each Party may, with regard to the recognition of higher education qualifications issued by a higher education institution situated in its territory, make such recognition subject to specific conditions of the National legislation or specific agreements concluded with the Party of origin of that institution.

Section VII Recognition of the qualifications of refugees, displaced persons and persons assimilated to refugees

Art. VII

Each Party shall take all feasible and reasonable measures within the framework of its education system, in accordance with its constitutional, legal and administrative provisions, to develop appropriate procedures for assessing Fair and effective if refugees, displaced persons and persons assimilated to refugees meet the conditions for access to higher education, the continuation of higher education programmes Complementary or professional activity, even when the Qualifications obtained in one of the Parties may not be proved by documentary evidence.

Section VIII Information on the evaluation of institutions and higher education programmes

Art. VIII.1

Each Party shall provide the necessary information on any establishment under its higher education system as well as on any programme organized by such institutions, with a view to enabling the competent authorities of other Parties to To ascertain whether the quality of the qualifications issued by these institutions justifies the recognition in the Party in which recognition is sought. Such information is as follows:

(a)
In the case of Parties having established a formal system of assessment of institutions and higher education programmes: information on the methods and results of this evaluation and on the quality standards specific to each type Higher education institutions delivering higher education qualifications and the programmes leading to them;
(b)
In the case of Parties which have not established a formal system of assessment of institutions and higher education programmes: information on the recognition of different qualifications obtained in any institution or through Any program under their higher education system.
Art. VIAI.2

Each Party shall take the necessary steps to establish, maintain and disseminate:

(a)
A typology of the different types of higher education institutions under its higher education system, including the specific characteristics of each type of institution;
(b)
A list of establishments (public and private) recognised as falling within its higher education system, indicating their capacity to deliver the different types of qualifications and the conditions required for access to each type Institutions and programs;
(c)
A description of higher education programs;
(d)
A list of educational institutions located outside its territory and which it considers to be part of its educational system.

Section IX Recognition Information

Art. IX.1

In order to facilitate the recognition of higher education qualifications, the Parties undertake to establish transparent systems for a full description of the qualifications awarded.

Art. IX.2

(1) Recognizing the need for appropriate, accurate and updated information, each Party shall establish or maintain a national information centre and notify, to any depository, such creation or any amendment thereto.

(2) In each Party, the National Information Centre shall:

(a)
Facilitates access to accurate and reliable information on the higher education system and the qualifications of the country in which it is located;
(b)
Facilitates access to information on higher education systems and qualifications of other Parties;
(c)
Provides advice or information on the recognition and assessment of qualifications, in accordance with national laws and regulations.

(3) Each national information centre shall have at its disposal the means necessary to enable it to carry out its functions.

Art. IX.3

The Parties shall encourage, through national information centres or other means, the use by higher education institutions of the Parties of the UNESCO/Council of Europe Diploma Supplement or any other Comparable document.

Section X Implementation Mechanisms

Art. X.1

The following bodies monitor, promote and facilitate the implementation of the Convention:

(a)
The Committee of the Convention on the Recognition of Qualifications concerning Higher Education in the European Region;
(b)
The European Network of National Centres for Information on Academic Recognition and Mobility (the ENIC network created by decision of the Committee of Ministers of the Council of Europe on 9 June 1994 and the UNESCO Regional Committee for Europe on 9 June 1994) June 1994.
Art. X.2

(1) The Committee of the Convention on the Recognition of Qualifications relating to Higher Education in the European Region (hereinafter referred to as "The Committee") shall be established by this Convention. It shall be composed of one representative from each Party.

(2) For the purposes of s. X.2, the term "Party" does not apply to the European Community.

(3) The States referred to in Art. XI.1, para. 1, and the Holy See, if they are not Parties to this Convention, the European Community and the President of the ENIC Network may participate in the meetings of the Committee as observers. Representatives of governmental or non-governmental organizations active in the field of recognition at the regional level may also be invited to participate in the meetings of the Committee as observers.

(4) The President of the UNESCO Regional Committee for the Implementation of the Convention on the Recognition of Studies and Diplomas in Higher Education in the States of the Europe Region will also be invited to participate in the Meetings of the Committee as observers.

(5) The Committee shall promote the implementation of this Convention and monitor its implementation. To this end, it may adopt, by a majority of the Parties, recommendations, declarations, protocols and codes of practice to assist the competent authorities of the Parties in the implementation of the Convention and in the review of Applications for recognition of higher education qualifications. Although not bound by such texts, the Parties shall make every effort to implement them, bring them to the attention of the competent authorities and encourage their application. The Committee requests the opinion of the ENIC Network before making its decisions.

(6) The Committee reports to the relevant bodies of the Council of Europe and UNESCO.

(7) The Committee liaises with the UNESCO Regional Committees for the implementation of the Conventions on the Recognition of Studies, Diplomas and Degrees of Higher Education adopted under the auspices of UNESCO.

(8) A quorum shall be present when the majority of the Parties is present.

(9) The Committee shall adopt its rules of procedure. It shall meet in ordinary session at least every three years. The Committee shall meet for the first time within one year of the entry into force of this Convention.

(10) The Secretariat of the Committee shall be entrusted jointly with the Secretary General of the Council of Europe and the Director-General of UNESCO.

Art. X.3

(1) Each Party shall designate as a member of the European Network of National Information Centres on Academic Mobility and Recognition (the ENIC Network) the national information centre established or maintained in the Party under Art. IX.2. In the event that more than one national information centre is created or maintained in a Party under s. IX.2, all these centres are members of the Network, but the national information centres concerned only have one vote.

(2) The ENIC network, in its composition limited to the national information centres of the Parties to this Convention, shall support and assist the practical implementation of the Convention by the competent national authorities. The Network meets at least once a year in plenary session. It shall elect its President and Bureau in accordance with its terms of reference.

(3) The Secretariat of the ENIC Network shall be entrusted jointly with the Secretary General of the Council of Europe and the Director-General of UNESCO.

(4) The Parties shall cooperate, through the ENIC Network, with the national information centres of the other Parties, by enabling them, in particular, to collect any information relevant to the activities of the national information centres On academic recognition and mobility.

Section XI Final clauses

Art. XI.1

(1) This Convention shall be open for signature by:

(a)
Council of Europe member states;
(b)
Member States of the Europe Region of UNESCO;
(c)
Any other signatory, Contracting State or Party to the European Cultural Convention of the Council of Europe of 19 December 1954 and/or the UNESCO Convention on the Recognition of Studies and Diplomas in Higher Education In the States of the Europe Region 1 ,

Who have been invited to participate in the Diplomatic Conference for the Adoption of this Convention.

(2) These States and the Holy See 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; or
(c)
Membership.

(3) Signatures shall take place close to one of the depositories. Instruments of ratification, acceptance, approval or accession shall be deposited near one of the depositories.


Art. XI.2

This Convention shall enter into force on the first day of the month following the expiration of a period of one month after five States, of which at least three member States of the Council of Europe and/or of the UNESCO Europe Region, have expressed their Consent to be bound by the Convention. It shall enter into force, for each other State, on the first day of the month following the expiration of one month after the date of the expression of its consent to be bound by the Convention.

Art. XI.3

(1) After the entry into force of this Convention, any State other than those belonging to one of the categories listed in Art. XI.1 may apply to accede to the Convention. Any such request shall be communicated to one of the depositary, who shall transmit it to the Parties at least three months before the meeting of the Committee of the Convention on the Recognition of Qualifications concerning Higher Education in the European region. The depositary will also inform the Committee of Ministers of the Council of Europe and the Executive Council of UNESCO.

(2) The decision to invite a State which has so requested to accede to this Convention shall be taken by a two-thirds majority of the Parties.

(3) After the entry into force of this Convention, the European Community may accede to it, at the request of its member States, addressed to one of the depositaries. In these circumstances, s. XI.3, para. 2, does not apply.

(4) For any acceding State, and for the European Community, the Convention shall enter into force on the first day of the month following the expiration of a period of one month after the date of the deposit of the instrument of accession with one of the depositaries.

Art. XI.4

(1) The Parties to this Convention, which are at the same time parties to one or more of the following Conventions:

European Convention on the Equivalence of Diplomas giving Access to University Institutions (1953, ETS No. 15) and its Protocol (1964, ETS No. 49);

European Convention on the Equivalence of Periods of University Study (1956, ETS No. 21);

European Convention on the Academic Recognition of University Qualifications (1959, ETS No. 32);

International Convention on the Recognition of Studies, Diplomas and Higher Education in Arab States and European States bordering the Mediterranean (1976);

Convention on the Recognition of Studies and Diplomas in Higher Education in the States of the European Region (1979);

European Convention on the General Equivalence of Periods of University Study (1990, ETS 138),

(a)
Apply the provisions of this Convention in their reciprocal relations;
(b)
Continue to apply the aforementioned Conventions, to which they are already parties, in their relations with other States Parties to the Conventions but not to this Convention.

(2) The Parties to this Convention undertake to refrain from becoming parties to the Conventions referred to in s. 1, to which they are not yet parties, with the exception of the International Convention on the Recognition of Studies, Diplomas and Higher Education in the Arab States and the European States bordering on the Mediterranean.

Art. XI.5

(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 applies.

(2) Any State may, at any other time thereafter, by a declaration addressed to one of the depositaries, extend the application of this Convention to any other territory. 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 one month after the date of receipt of such a declaration by the depositary.

(3) Any declaration made under the two preceding paragraphs, in respect of any territory designated in such a declaration, may be withdrawn by notification addressed to one of the depositary. It shall take effect on the first day of the month following the expiration of one month after the date of receipt of such notification by the depositary.

Art. XI.6

(1) Any Party may, at any time, denounce this Convention by notification addressed to one of the depositaries.

(2) The denunciation shall take effect on the first day of the month following the expiration of a period of twelve months after the date of receipt of the notification by the depositary. However, such denunciation shall not affect any prior recognition decisions made under the provisions of this Convention.

(3) The termination of this Convention or the suspension of its application as a consequence of the violation by a Party of an essential provision for the realization of the object or purpose of the Convention shall be made in accordance with the law International.

Art. XI.7

(1) Any State, the Holy See, the European Community may, at the time of signature or at the time of deposit of their instrument of ratification, acceptance, approval or accession, declare that they reserve the right not to apply, Partially or totally, one or more of the following articles of this Convention:

Art. IV.8
Art. V. 3
Art. VI.3
Art. VIAI.2
Art. IX.3

No other reserves can be made.

(2) Any Party that has made a reservation under the preceding paragraph may withdraw it, in whole or in part, by notification addressed to one of the custodians. The withdrawal shall take effect on the date of receipt of the notification by the depositary.

(3) A Party having made a reservation in respect of a provision of this Convention shall not be entitled to its application by another Party; it may, however, if the reservation is partial or conditional, claim the application of That provision to the extent that it has accepted it.

Art. XI.8

(1) The Committee of the Convention on the Recognition of Qualifications concerning Higher Education in the European Region may adopt draft amendments to this Convention by a decision taken by a two-thirds majority of the Parties. Any amendment thus adopted shall be incorporated in a Protocol to this Convention. The Protocol specifies the terms of its entry into force which, in any event, requires the agreement of the Parties so that they are bound by the Protocol.

(2) No amendment shall be made to Division III of this Convention in accordance with the procedure of s. 1 above.

(3) Any proposed amendment shall be communicated to one of the depositaries, who shall transmit it to the Parties at least three months before the meeting of the Committee. The depositary will also inform the Committee of Ministers of the Council of Europe and the Executive Council of UNESCO.

Art. XI.9

(1) The Secretary General of the Council of Europe and the Director-General of the United Nations Educational, Scientific and Cultural Organization shall be the depositaries of this Convention.

(2) The depositary with whom an act is filed, a notification or a communication shall notify the Parties to this Convention, as well as the other member States of the Council of Europe and/or the Europe Region of UNESCO:

(a)
Any signature;
(b)
The deposit of any instrument of ratification, acceptance of approval or accession;
(c)
Any date of entry into force of this Convention under the provisions of Art. XI.2 and XI.3, para. 4;
(d)
Any reservation made pursuant to the provisions of s. XI.7 and the withdrawal of any reservation made pursuant to the provisions of Art. XI.7;
(e)
Any denunciation of this Convention pursuant to Art. XI.6;
(f)
Any declaration made under the provisions of s. II.1 or Art. II.2;
(g)
Any declaration made under the provisions of s. IV.5;
(h)
Any application for membership under s. XI.3;
(i)
Any proposal made under s. XI.8;
(j)
Any other act, notification or communication relating to this Convention.

(3) The depositary receiving a communication or making a notification under the provisions of this Convention shall immediately inform the other depositary.

In witness whereof , the undersigned representatives duly authorised have signed this Convention.

Done at Lisbon, on 11 April 1997, in English, French, Russian and Spanish, the four texts being equally authentic, in two copies, one of which will be deposited in the archives of the Council of Europe and the other in the archives of the Organization of the United Nations for Education, Science and Culture, a certified copy of which shall be provided to all States referred to in Art. XI.1, the Holy See and the European Community, and the Secretariat of the United Nations.

(Suivent signatures)

Scope of application on 3 June 2013 8

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Signature without reservation of ratification (If)

Entry into force

Albania

6 March

2002

1 Er May

2002

Germany *

August 23

2007

1 Er October

2007

Andorra

22 April

2008 A

1 Er June

2008

Armenia *

7 January

2005

1 Er March

2005

Australia

22 November

2002

1 Er January

2003

Austria *

3 February

1999

1 Er April

1999

Azerbaijan

10 March

1998

1 Er February

1999

Belgium

July 22

2009

1 Er September

2009

Bosnia and Herzegovina

9 January

2004

1 Er March

2004

Bulgaria

19 May

2000

1 Er July

2000

Belarus

19 February

2002 A

1 Er April

2002

Cyprus

21 November

2001

1 Er January

2002

Croatia

17 October

2002

1 Er December

2002

Denmark A

20 March

2003

1 Er May

2003

Spain *

28 October

2009

1 Er December

2009

Estonia

1 Er April

1998

1 Er February

1999

Finland

21 January

2004

1 Er March

2004

France

4 October

1999

1 Er December

1999

Georgia

13 October

1999

1 Er December

1999

Hungary

4 February

2000

1 Er April

2000

Ireland

8 March

2004 If

1 Er May

2004

Iceland

21 March

2001

1 Er May

2001

Israel

July 12

2007

1 Er September

2007

Italy

6 October

2010

1 Er December

2010

Kazakhstan

7 October

1998

1 Er February

1999

Kyrgyzstan

March 9

2004 A

1 Er May

2004

Latvia

July 20

1999

1 Er September

1999

Liechtenstein *

1 Er February

2000 A

1 Er April

2000

Lithuania

17 December

1998

1 Er February

1999

Luxembourg

4 October

2000

1 Er December

2000

Macedonia *

29 November

2002

1 Er January

2003

Malta

16 November

2005

1 Er January

2006

Moldova

23 September

1999

1 Er November

1999

Montenegro

6 June

2006 S

6 June

2006

Norway

29 April

1999

1 Er June

1999

New Zealand B

4 December

2007 A

1 Er February

2008

Netherlands C

19 March

2008

1 Er May

2008

Caribbean (Bonaire, Sint Eustatius and Saba)

7 September

2011

1 Er November

2011

Poland

March 17

2004

1 Er May

2004

Portugal

15 October

2001

1 Er December

2001

Romania

12 January

1999

1 Er March

1999

United Kingdom

23 May

2003

1 Er July

2003

Isle of Man

23 May

2003

1 Er July

2003

Russia

25 May

2000

1 Er July

2000

Czech Republic *

15 December

1999

1 Er February

2000

San Marino

19 December

2011

1 Er February

2012

Holy See *

28 February

2001

1 Er April

2001

Serbia

3 March

2004

1 Er May

2004

Slovakia

July 13

1999

1 Er September

1999

Slovenia

July 21

1999

1 Er September

1999

Switzerland *

24 March

1998 If

1 Er February

1999

Sweden

28 September

2001

1 Er November

2001

Tajikistan

28 March

2012

1 Er May

2012

Turkey *

8 January

2007

1 Er March

2007

Ukraine

April 14

2000

1 Er June

2000

*

Reservations and declarations (the * above do not include declarations by all States Parties concerning the competent recognition authorities and declarations concerning the National Centres Information, according to art. II.2 and art. IX.2 of the Convention).

Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A

The Convention does not apply to the Faroe Islands and Greenland.

B

The Convention does not apply to Tokelau.

C

For the Kingdom in Europe.

Statements

Switzerland

Switzerland declares that it reserves the right to partially apply s. IV.8, in accordance with the provisions of Art. XI.7.

Office Central Universitaire suisse (OCUS) Centre d' information sur les questions de reconnaissance (Swiss ENIC) Sennweg 2 CH-3012 Bern Tel: +41 (0) 31 306 60 33/32 Fax: +41 (0) 31 302 68 11

Provides information on competent authorities to take the different types of recognition decisions.

This information is available on its website: www.szfh.ch

The Swiss National Information Centre is as follows:

Swiss Central University Office (OCUS) Information Centre on Recognition Issues (Swiss ENIC) Sennweg 2 CH-3012 Bern Tel.: +41 (0) 31 306 60 33/32 Fax: +41 (0) 31 302 68 11 www.szfh.ch.

Following a reorganisation of the Conference of Rectors of Swiss Universities (CRUS), the Swiss Central University Office was dissolved and integrated into the General Secretariat of the Conference. The National Information Centre therefore has the following address:

Conference of Swiss Universities Rectors (CRUS) Information Centre on Recognition Issues (Swiss ENIC) Sennweg 2 CH-3012 Bern Internet: www.crus.ch.


1 Without reservation of ratification.
2 RS 0.414.1
3 RS 0.414.11
4 RS 0.414.31
5 RS 0.414.5
6 RS 0.414.6
7 RS 0.414.32
8 RO 2013 2081 A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on June 3, 2013