European Treaty Series - No. 124 EUROPEAN CONVENTION ON THE RECOGNITION OF THE LEGAL PERSONALITY OF INTERNATIONAL NON-GOVERNMENTAL ORGANISATIONS

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1 Europen Trety Series - No. 124 EUROPEAN CONVENTION ON THE RECOGNITION OF THE LEGAL PERSONALITY OF INTERNATIONAL NON-GOVERNMENTAL ORGANISATIONS Strsourg, 24.IV.1986

2 2 ETS 124 Legl personlity of NGOs, 24.IV.1986 Premle The memer Sttes of the Council of Europe, signtories hereto, Considering tht the im of the Council of Europe is to chieve greter unity etween its memers, in prticulr for the purpose of sfegurding nd relising idels nd principles which re their common heritge; Recognising tht interntionl non-governmentl orgnistions crry out work of vlue to the interntionl community, prticulrly in the scientific, culturl, chritle, philnthropic, helth nd eduction fields, nd tht they contriute to the chievement of the ims nd principles of the United Ntions Chrter nd the Sttute of the Council of Europe; Desiring to estlish in their mutul reltions rules lying down the conditions for recognition of the legl personlity of these orgnistions in order to fcilitte their ctivities t Europen level; Hve greed s follows: Article 1 This Convention shll pply to ssocitions, foundtions nd other privte institutions (hereinfter referred to s NGOs ) which stisfy the following conditions: c d hve non-profit-mking im of interntionl utility; hve een estlished y n instrument governed y the internl lw of Prty; crry on their ctivities with effect in t lest two Sttes; nd hve their sttutory office in the territory of Prty nd the centrl mngement nd control in the territory of tht Prty or of nother Prty. Article 2 1 The legl personlity nd cpcity, s cquired y n NGO in the Prty in which it hs its sttutory office, shll e recognised s of right in the other Prties. 2 When they re required y essentil pulic interest, restrictions, limittions or specil procedures governing the exercise of the rights rising out of the legl cpcity nd provided for y the legisltion of the Prty where recognition tkes plce, shll e pplicle to NGOs estlished in nother Prty. Article 3 1 The proof of cquisition of legl personlity nd cpcity shll e furnished y presenting the NGO's memorndum nd rticles of ssocition or other sic constitutionl instruments. Such instruments shll e ccompnied y documents estlishing dministrtive uthoristion, registrtion or ny other form of pulicity in the Prty which grnted the legl personlity nd cpcity. In Prty which hs no pulicity procedure, the instrument estlishing the NGO shll e duly certified y competent uthority. At the time of signture or of the deposit of the instrument of rtifiction, cceptnce, pprovl or

3 3 ETS 124 Legl personlity of NGOs, 24.IV.1986 ccession, the Stte concerned shll inform the Secretry Generl of the Council of Europe of the identity of this uthority. 2 In order to fcilitte the ppliction of prgrph 1, Prty my provide n optionl system of pulicity which shll dispense NGOs from furnishing the proof provided for in the preceding prgrph for ech trnsction tht they crry out. Article 4 In ech Prty the ppliction of this Convention my only e excluded if the NGO invoking this Convention, y its oject, its purpose or the ctivity which it ctully exercises: contrvenes ntionl security, pulic sfety, or is detrimentl to the prevention of disorder or crime, the protection of helth or morls, or the protection of the rights nd freedoms of others; or jeoprdises reltions with nother Stte or the mintennce of interntionl pece nd security. Article 5 1 This Convention shll e open for signture y the memer Sttes of the Council of Europe which my express their consent to e ound y: signture without reservtion s to rtifiction, cceptnce or pprovl, or signture suject to rtifiction, cceptnce or pprovl, followed y rtifiction, cceptnce or pprovl. 2 Instruments of rtifiction, cceptnce or pprovl shll e deposited with the Secretry Generl of the Council of Europe. Article 6 1 This Convention shll enter into force on the first dy of the month following the expirtion of period of three months fter the dte on which three memer Sttes of the Council of Europe hve expressed their consent to e ound y the Convention in ccordnce with the provisions of Article 5. 2 In respect of ny memer Stte which susequently expresses its consent to e ound y it, the Convention shll enter into force on the first dy of the month following the expirtion of period of three months fter the dte of the deposit of the instrument of rtifiction, cceptnce or pprovl. Article 7 1 After the entry into force of this Convention, the Committee of Ministers of the Council of Europe my invite ny Stte not memer of the Council to ccede to this Convention, y decision tken y the mjority provided for in Article 20.d of the Sttute of the Council of Europe nd y the unnimous vote of the representtives of the Contrcting Sttes entitled to sit on the Committee.

4 4 ETS 124 Legl personlity of NGOs, 24.IV In respect of ny cceding Stte, the Convention shll enter into force on the first dy of the month following the expirtion of period of three months fter the dte of deposit of the instrument of ccession with the Secretry Generl of the Council of Europe. Article 8 1 Any Stte my t the time of signture or when depositing its instrument of rtifiction, cceptnce, pprovl or ccession, specify the territory or territories to which this Convention my pply. 2 Any Stte my t ny lter dte, y declrtion ddressed to the Secretry Generl of the Council of Europe, extend the ppliction of this Convention to ny other territory specified in the declrtion. In respect of such territory the Convention shll enter into force on the first dy of the month following the expirtion of period of three months fter the dte of receipt of such declrtion y the Secretry Generl. 3 Any declrtion mde under the two preceding prgrphs my, in respect of ny territory specified in such declrtion, e withdrwn y notifiction ddressed to the Secretry Generl. The withdrwl shll ecome effective on the first dy of the month following the expirtion of period of three months fter the dte of receipt of such notifiction y the Secretry Generl. Article 9 No reservtion my e mde to this Convention. Article 10 1 Any Prty my t ny time denounce this Convention y mens of notifiction ddressed to the Secretry Generl of the Council of Europe. 2 Such denuncition shll ecome effective on the first dy of the month following the expirtion of period of three months fter the dte of receipt of the notifiction y the Secretry Generl. Article 11 The Secretry Generl of the Council of Europe shll notify the memer Sttes of the Council nd ny Stte which hs cceded to this Convention, of: ny signture; the deposit of ny instrument of rtifiction, cceptnce, pprovl or ccession; c ny dte of entry into force of this Convention in ccordnce with Articles 6, 7 nd 8; d ny other ct, notifiction or communiction relting to this Convention. In witness whereof the undersigned, eing duly uthorised thereto, hve signed this Convention. Done t Strsourg, this 24th dy of April 1986, in English nd French, oth texts eing eqully uthentic, in single copy which shll e deposited in the rchives of the Council of Europe. The Secretry Generl of the Council of Europe shll trnsmit certified copies to

5 5 ETS 124 Legl personlity of NGOs, 24.IV.1986 ech memer Stte of the Council of Europe nd to ny Stte invited to ccede to this Convention.