of instruments of ratification by not less than six of the Signatories. For each Signatory ratifying thereafter, the Convention shall come into force upon the deposit of its instrument of ratification. (b) Nevertheless, pending the coming into force of the Convention in the manner provided by the preceding paragraph, the Signatories agree, in order to avoid delay in its execution, to put it into operation on signature on a provisional basis and in accordance with their several constitutional requirements. Article 25 ACCESSION At any time after not less than ten instruments of ratification of the present Convention have been deposited, any non-signatory European country may accede to it by notification addressed to the Government of the French Republic, and with the assent of the Council of the Organisation. Accessions shall take effect on the date of such assent.1 Article 26 NON-FULFILMENT OF OBLIGATIONS If any Member of the Organisation ceases to fulfil its obligations under the present Convention, it shall be invited to conform to the provisions of the Convention. If the said Member should not so conform within the period indicated in the invitation, the other Members may decide, by mutual agreement, to continue their co-operation within the Organisation without that Member. Article 27 WITHDRAWAL Any of the Contracting Parties may terminate the application of the present Convention to itself by giving twelve months' notice to that effect to the Government of the French Republic. Article 28 COMMUNICATION OF RATIFICATIONS, ACCESSIONS AND WITHDRAWALS Upon the receipt of any instrument of ratification or accession, or of any notice of withdrawal, the Government of the French Republic shall give notice thereof to all the Contracting Parties and to the Secretary-General of the Organisation. The British-United States Zone of the Free Territory of Trieste acceded to the convention with the assent of the Council of the Organization, given at its meeting on Oct. 14, 1948. ANNEX ADDITIONAL PROVISIONS CONCERNING THE FUNCTIONS OF THE Provisions concerning the functions of the Secretary-General additional to those specified in Article 17 are set out below: (1) He may submit proposals to the Council and to the Executive Committee. (2) He shall provide, in agreement with the Chairmen of the technical committees, for these committees to be convened as required and for the necessary secretarial arrangements. He shall transmit to them, as necessary, the instructions of the Council and of the Executive Committee. (3) He shall follow the work of the other bodies referred to in Article 15 (c) and transmit to them, as necessary the instructions of the Council and of the Executive Committee. (4) He shall, having regard to the provisions of Article 20 and in accordance with the instructions of the Council and the Executive Committee, make the necessary arrangements for liaison with other International Organisations. (5) He shall exercise all such other functions necessary for the efficient administration of the Organisation as may be entrusted to him by the Council or by the Executive Committee. In faith whereof the undersigned Plenipotentiaries, being duly authorised to that effect, have signed the present Convention and have affixed thereto their Seals. Done in Paris this sixteenth day of April, Nineteen Hundred and Forty Eight, in the English and French languages, both texts being equally authentic, in a single copy which shall remain deposited in the Archives of the Government of the French Republic, by which certified copies will be communicated to all the other Signatories. Supplementary Protocol No. I to the Convention for European Economic Cooperation on the Legal Capacity, Privileges and Immunities of the Organization.1 (Not reprinted here.) Supplementary Protocol No. II to the Convention for European Economic Cooperation on the Financial Regulations of the Organization. (Not reprinted here.) 1 Convention de coopération économique européenne-Convention for European Economic Cooperation (Paris, 1948), pp. 47-65. 2 Ibid., pp. 69–77. The Council of Europe 9. STATUTE, MAY 5, 1949, INCORPORATING AMENDMENTS APPROVED BY THE COMMITTEE OF MINISTERS AT STRASBOURG IN 1951 AND 1953 1 The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Irish Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland; Convinced that the pursuit of peace based upon justice and international co-operation is vital for the preservation of human society and civilisation; Reaffirming their devotion to the spiritual and moral values which are the common heritage of their peoples and the true source of individual freedom, political liberty and the rule of law, principles which form the basis of all genuine democracy; Believing that, for the maintenance and further realisation of these ideals and in the interests of economic and social progress, there is need of a closer unity between all like-minded countries of Europe; Considering that, to respond to this need and to the expressed aspirations of their peoples in this regard, it is necessary forthwith to create an organisation which will bring European States into closer association; Have in consequence decided to set up a Council of Europe consisting of a Committee of representatives of Governments and of a Consultative Assembly, and have for this purpose adopted the following Statute: CHAPTER I AIM OF THE COUNCIL OF EUROPE Article 1 (a) The aim of the Council of Europe is to achieve a greater unity between its Members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress. 1 British Treaty Series No. 24 (1955), Cmd. 9527. The text of the statute as originally signed appears in Treaty Series No. 51 (1949), Cmd. 7778, and also in Congressional Record, Oct. 13, 1949, pp. 14755-14759. See also Explanatory Note on the Provisions of the Statute of the Council of Europe, British Misc. No. 10 (1949), Cmd. 7720. Amendments: (1) May 22, 1951, see British Treaty Series No. 53 (1951), Cmd. 8293; (2) Dec. 18, 1951, see Irish Treaty Series No. 11 (1951); (3) May 4, 1953, see British Treaty Series No. 65 (1953), Cmd. 8956. Entered into force Aug. 3, 1949; ratifications completed by all signatories Aug. 8, (b) This aim shall be pursued through the organs of the Council by discussion of questions of common concern and by agreements and common action in economic, social, cultural, scientific, legal and administrative matters and in the maintenance and further realisation of human rights and fundamental freedoms. (c) Participation in the Council of Europe shall not affect the collaboration of its Members in the work of the United Nations and of other international organisations or unions to which they are parties. (d) Matters relating to National Defence do not fall within the scope of the Council of Europe. CHAPTER II MEMBERSHIP Article 2 The Members of the Council of Europe are the Parties to this Statute. Article 3 Every Member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council as specified in Chapter I. Article 4 Any European State, which is deemed to be able and willing to fulfil the provisions of Article 3, may be invited to become a Member of the Council of Europe by the Committee of Ministers. Any State so invited shall become a Member on the deposit on its behalf with the Secretary-General of an instrument of accession to the present Statute. Article 5 (a) In special circumstances, a European country, which is deemed to be able and willing to fulfil the provisions of Article 3, may be invited by the Committee of Ministers to become an Associate Member of the Council of Europe. Any country so invited shall become an Associate Member on the deposit on its behalf with the SecretaryGeneral of an instrument accepting the present Statute. An Associ ate Member shall be entitled to be represented in the Consultative Assembly only. (b) The expression "Member" in this Statute includes an Associate Member except when used in connexion with representation on the Committee of Ministers. Article 6 Before issuing invitations under Article 4 or 5 above, the Committee of Ministers shall determine the number of representatives on the Consultative Assembly to which the proposed Member shall be entitled and its proportionate financial contribution. Article 7 Any Member of the Council of Europe may withdraw by formally notifying the Secretary-General of its intention to do so. Šuch withdrawal shall take effect at the end of the financial year in which it is notified, if the notification is given during the first nine months of that financial year. If the notification is given in the last three months of the financial year, it shall take effect at the end of the next financial year. Article 8 Any Member of the Council of Europe, which has seriously violated Article 3, may be suspended from its rights of representation and requested by the Committee of Ministers to withdraw under Article 7. If such Member does not comply with this request, the Committee may decide that it has ceased to be a Member of the Council as from such date as the Committee may determine. Article 9 The Committee of Ministers may suspend the right of representation on the Committee and on the Consultative Assembly of a Member, which has failed to fulfil its financial obligation, during such period as the obligation remains unfulfilled. CHAPTER III GENERAL Article 10 The organs of the Council of Europe are: (i) the Committee of Ministers; (ii) the Consultative Assembly. Both these organs shall be served by the Secretariat of the Council of Europe. Article 11 The seat of the Council of Europe is at Strasbourg. Article 12 The official languages of the Council of Europe are English and French. The rules of procedure of the Committee of Ministers and of the Consultative Assembly shall determine in what circumstances and under what conditions other languages may be used. |