Annexes to COM(2015)84 - Signing of Council of Europe Convention on manipulation of sports competitions with regard to matters not related to substantive criminal law and judicial cooperation - Main contents
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| dossier | COM(2015)84 - Signing of Council of Europe Convention on manipulation of sports competitions with regard to matters not related to ... |
|---|---|
| document | COM(2015)84  |
| date | March 2, 2015 |
Chapter IX – Final provisions
Article 32 – Signature and entry into force
1 This Convention shall be open for signature by the member States of the Council of Europe, the other States Parties to the European Cultural Convention, the European Union and the non-member States which have participated in its elaboration or enjoying observer status with the Council of Europe.
2 This Convention shall also be open for signature by any other non-member State of the Council of Europe upon invitation by the Committee of Ministers. The decision to invite a non-member State to sign the Convention shall be taken by the majority provided for in Article 20.d of the Statute of the Council of Europe, and by a unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers, after consulting the Convention Follow-up Committee, once established.
3 This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
4 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 five signatories, including at least three member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of paragraphs 1, 2 and 3.
5 In respect of any signatory State or the European Union which subsequently expresses its consent to be bound by it, 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 the expression of its consent to be bound by the Convention in accordance with the provisions of paragraphs 1, 2 and 3.
6 A Contracting Party which is not a member of the Council of Europe shall contribute to the financing of the Convention Follow-up Committee in a manner to be decided by the Committee of Ministers after consultation with that Party.
Article 33 – Effects of the Convention and relationship with other international instruments
1 This Convention does not affect the rights and obligations of Parties under international multilateral conventions concerning specific subjects. In particular, this Convention does not alter their rights and obligations arising from other agreements previously concluded in respect of the fight against doping and consistent with the subject and purpose of this Convention.
2 This Convention supplements in particular, where appropriate, applicable multilateral or bilateral treaties between the Parties, including the provisions of:
a the European Convention on Extradition (1957, ETS No. 24);
b the European Convention on Mutual Assistance in Criminal Matters (1959, ETS No. 30);
c the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (1990, ETS No. 141);
d the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (2005, CETS No. 198).
3 The Parties to the Convention may conclude bilateral or multilateral treaties with one another on the matters dealt with in this Convention in order to supplement or strengthen the provisions thereof or to facilitate the application of the principles embodied therein.
4 If two or more Parties have already concluded a treaty on the matters dealt with in this Convention or have otherwise established relations in respect of such matters, they shall also be entitled to apply that treaty or to regulate those relations accordingly. However, when Parties establish relations in respect of the matters dealt with in this Convention other than as provided for therein, they shall do so in a manner that is not inconsistent with the Convention’s objectives and principles.
5 Nothing in this Convention shall affect other rights, restrictions, obligations and responsibilities of Parties.
Article 34 – Conditions and safeguards
1 Each Party shall ensure that the establishment, implementation and application of the powers and procedures provided for in Chapters II to VII are subject to conditions and safeguards provided for under its domestic law, which shall provide for the adequate protection of human rights and liberties, including rights arising pursuant to obligations it has undertaken under the Convention for the Protection of Human Rights and Fundamental Freedoms, the 1966 United Nations International Covenant on Civil and Political Rights, and other applicable international human rights instruments, and which shall incorporate the principle of proportionality into its domestic law.
2 Such conditions and safeguards shall, as appropriate in view of the nature of the procedure or power concerned, inter alia, include judicial or other independent supervision, grounds justifying the application, as well as the limitation of the scope and the duration of such power or procedure.
3 To the extent that it is consistent with the public interest, in particular the sound administration of justice, each Party shall consider the impact of the powers and procedures in these chapters upon the rights, responsibilities and legitimate interests of third parties.
Article 35 – Territorial application
1 Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this Convention shall apply.
2 Each Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect of such a territory 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 receipt of the declaration by the Secretary General.
3 Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.
Article 36 – Federal clause
1 A federal State may reserve the right to assume obligations under Chapters II, IV, V and VI of this Convention consistent with its fundamental principles governing the relationship between its central government and constituent States or other similar territorial entities, provided that it is still able to co-operate under Chapters III and VII.
2 When making a reservation under paragraph 1, a federal State may not apply the terms of such reservation to exclude or substantially diminish its obligations to provide for the measures set out in Chapters III and VII. Overall, it shall provide for a broad and effective enforcement capability with respect to those measures.
3 With regard to the provisions of this Convention, the application of which comes under the jurisdiction of each constituent States or other similar territorial entities that are not obliged by the constitutional system of the federation to take legislative measures, the federal government shall inform the competent authorities of such States of the said provisions with its favourable opinion, encouraging them to take appropriate action to give them effect.
Article 37 – Reservations
1 By a written notification addressed to the Secretary General of the Council of Europe, any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, declare that it avails itself of the reservations provided for in Article 19, paragraph 2 and in Article 36, paragraph 1. No other reservation may be made.
2 A Party that has made a reservation in accordance with paragraph 1 may wholly or partially withdraw it by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect on the date of receipt of such notification by the Secretary General. If the notification states that the withdrawal of a reservation is to take effect on a date specified therein, and such date is later than the date on which the notification is received by the Secretary General, the withdrawal shall take effect on that later date.
3 A Party that has made a reservation shall withdraw such reservation, in whole or in part, as soon as circumstances so permit.
4 The Secretary General of the Council of Europe may periodically ask Parties that have made one or more reservations for details about the prospects of withdrawal of such reservation(s).
Article 38 – Amendments
1 Amendments to articles of this Convention may be proposed by any Party, the Convention Follow-up Committee or the Committee of Ministers of the Council of Europe.
2 Any proposal for an amendment shall be communicated to the Secretary General of the Council of Europe and forwarded by him or her to the Parties, the member States of the Council of Europe, non-member States having participated in the elaboration of this Convention or enjoying observer status with the Council of Europe, the European Union, any State having been invited to sign this Convention and the Convention Follow-up Committee at least two months before the meeting at which it is to be considered. The Convention Follow-up Committee shall submit to the Committee of Ministers its opinion on the proposed amendment.
3 The Committee of Ministers shall consider the proposed amendment and any opinion submitted by the Convention Follow-up Committee and may adopt the amendment by the majority provided for in Article 20.d of the Statute of the Council of Europe.
4 The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 3 of this article shall be forwarded to the Parties for acceptance.
5 Any amendment adopted in accordance with paragraph 3 of this article shall come into force on the first day of the month following the expiration of a period of one month after all Parties have informed the Secretary General of their acceptance thereof following their respective internal procedures.
6 If an amendment has been adopted by the Committee of Ministers, but has not yet entered into force in accordance with paragraph 5, a State or the European Union may not express their consent to be bound by the Convention without accepting at the same time the amendment.
Article 39 – Settlement of disputes
1 The Convention Follow-up Committee, in close co-operation with the relevant Council of Europe intergovernmental committees shall be kept informed of any difficulties regarding the interpretation and application of this Convention.
2 In the event of a dispute between Parties as to the interpretation or application of this Convention, they shall seek a settlement of the dispute through negotiation, conciliation or arbitration, or any other peaceful means of their choice.
3 The Committee of Ministers of the Council of Europe may establish settlement procedures which may be used by the Parties to a dispute, subject to their consent.
Article 40 – Denunciation
1 Each Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.
2 Such denunciation shall become effective 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.
Article 41 – Notification
1 The Secretary General of the Council of Europe shall notify the Parties, the member States of the Council of Europe, the other States Parties to the European Cultural Convention, the non-member States having participated in the elaboration of this Convention or enjoying observer status with the Council of Europe, the European Union, and any State having been invited to sign this Convention in accordance with the provisions of Article 32, of:
a any signature;
b the deposit of any instrument of ratification, acceptance or approval;
c any date of entry into force of this Convention in accordance with Article 32;
d any reservation and any withdrawal of a reservation made in accordance with Article 37;
e any declaration made in accordance with Articles 9 and 13;
f any other act, notification or communication relating to this Convention.
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done in Magglingen/Macolin, this 18th day of September 2014, 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, to the non-member States which have participated in the elaboration of this Convention or enjoy observer status with the Council of Europe, to the European Union and to any State invited to sign this Convention.