Europen Trety Series - No. 190 PROTOCOL AMENDING THE EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM Strsourg, 15.V.2003
2 ETS No. 190 Suppression of Terrorism (Amending Protocol), 15.V.2003 The memer Sttes of the Council of Europe, signtory to this Protocol, Bering in mind the Committee of Ministers of the Council of Europe s Declrtion of 12 Septemer 2001 nd its Decision of 21 Septemer 2001 on the Fight ginst Interntionl Terrorism, nd the Vilnius Declrtion on Regionl Co-opertion nd the Consolidtion of Democrtic Stility in Greter Europe dopted y the Committee of Ministers t its 110th Session in Vilnius on 3 My 2002; Bering in mind the Prlimentry Assemly of the Council of Europe s Recommendtion 1550 (2002) on Comting terrorism nd respect for humn rights; Bering in mind the Generl Assemly of the United Ntions Resolution A/RES/51/210 on mesures to eliminte interntionl terrorism nd the nnexed Declrtion to Supplement the 1994 Declrtion on Mesures to Eliminte Interntionl Terrorism, nd its Resolution A/RES/49/60 on mesures to eliminte interntionl terrorism nd the Declrtion on Mesures to Eliminte Interntionl Terrorism nnexed thereto; Wishing to strengthen the fight ginst terrorism while respecting humn rights, nd mindful of the Guidelines on humn rights nd the fight ginst terrorism dopted y the Committee of Ministers of the Council of Europe on 11 July 2002; Considering for tht purpose tht it would e pproprite to mend the Europen Convention on the Suppression of Terrorism (ETS No. 90) opened for signture in Strsourg on 27 Jnury 1977, hereinfter referred to s the Convention ; Considering tht it would e pproprite to updte the list of interntionl conventions in Article 1 of the Convention nd to provide for simplified procedure to susequently updte it s required; Considering tht it would e pproprite to strengthen the follow-up of the implementtion of the Convention; Considering tht it would e pproprite to review the reservtion regime; Considering tht it would e pproprite to open the Convention to the signture of ll interested Sttes, Hve greed s follows: Article 1 1 The introductory prgrph to Article 1 of the Convention shll ecome prgrph 1 of this rticle. In su-prgrph of this prgrph, the term signed shll e replced y the term concluded nd su-prgrphs c, d, e nd f of this prgrph shll e replced y the following su-prgrphs: c n offence within the scope of the Convention on the Prevention nd Punishment of Crimes Aginst Interntionlly Protected Persons, Including Diplomtic Agents, dopted t New York on 14 Decemer 1973; d n offence within the scope of the Interntionl Convention Aginst the Tking of Hostges, dopted t New York on 17 Decemer 1979;
3 ETS No. 190 Suppression of Terrorism (Amending Protocol), 15.V.2003
4 ETS No. 190 Suppression of Terrorism (Amending Protocol), 15.V.2003 e f n offence within the scope of the Convention on the Physicl Protection of Nucler Mteril, dopted t Vienn on 3 Mrch 1980; n offence within the scope of the Protocol for the Suppression of Unlwful Acts of Violence t Airports Serving Interntionl Civil Avition, done t Montrel on 24 Ferury 1988;. 2 Prgrph 1 of Article 1 of the Convention shll e supplemented y the following four suprgrphs: g n offence within the scope of the Convention for the Suppression of Unlwful Acts Aginst the Sfety of Mritime Nvigtion, done t Rome on 10 Mrch 1988; h i j n offence within the scope of the Protocol for the Suppression of Unlwful Acts Aginst the Sfety of Fixed Pltforms Locted on the Continentl Shelf, done t Rome on 10 Mrch 1988; n offence within the scope of the Interntionl Convention for the Suppression of Terrorist Bomings, dopted t New York on 15 Decemer 1997; n offence within the scope of the Interntionl Convention for the Suppression of the Finncing of Terrorism, dopted t New York on 9 Decemer 1999.. 3 The text of Article 1 of the Convention shll e supplemented y the following prgrph: 2 Insofr s they re not covered y the conventions listed under prgrph 1, the sme shll pply, for the purpose of extrdition etween Contrcting Sttes, not only to the commission of those principl offences s perpetrtor ut lso to: c the ttempt to commit ny of these principl offences; the prticiption s n ccomplice in the perpetrtion of ny of these principl offences or in n ttempt to commit ny of them; orgnising the perpetrtion of, or directing others to commit or ttempt to commit, ny of these principl offences.. Article 2 Prgrph 3 of Article 2 of the Convention shll e mended to red s follows: 3 The sme shll pply to: c the ttempt to commit ny of the foregoing offences; the prticiption s n ccomplice in ny of the foregoing offences or in n ttempt to commit ny such offence; orgnising the perpetrtion of, or directing others to commit or ttempt to commit, ny of the foregoing offences..
5 ETS No. 190 Suppression of Terrorism (Amending Protocol), 15.V.2003 Article 3 1 The text of Article 4 of the Convention shll ecome prgrph 1 of this rticle nd new sentence shll e dded t the end of this prgrph s follows: Contrcting Sttes undertke to consider such offences s extrditle offences in every extrdition trety susequently concluded etween them.. 2 The text of Article 4 of the Convention shll e supplemented y the following prgrph: 2 When Contrcting Stte which mkes extrdition conditionl on the existence of trety receives request for extrdition from nother Contrcting Stte with which it hs no extrdition trety, the requested Contrcting Stte my, t its discretion, consider this Convention s legl sis for extrdition in reltion to ny of the offences mentioned in Articles 1 or 2.. Article 4 1 The text of Article 5 of the Convention shll ecome prgrph 1 of this rticle. 2 The text of Article 5 of the Convention shll e supplemented y the following prgrphs: 2 Nothing in this Convention shll e interpreted s imposing on the requested Stte n oligtion to extrdite if the person suject of the extrdition request risks eing exposed to torture. 3 Nothing in this Convention shll e interpreted either s imposing on the requested Stte n oligtion to extrdite if the person suject of the extrdition request risks eing exposed to the deth penlty or, where the lw of the requested Stte does not llow for life imprisonment, to life imprisonment without the possiility of prole, unless under pplicle extrdition treties the requested Stte is under the oligtion to extrdite if the requesting Stte gives such ssurnce s the requested Stte considers sufficient tht the deth penlty will not e imposed or, where imposed, will not e crried out, or tht the person concerned will not e suject to life imprisonment without the possiility of prole.. Article 5 A new rticle shll e inserted fter Article 8 of the Convention nd shll red s follows: Article 9 The Contrcting Sttes my conclude etween themselves ilterl or multilterl greements in order to supplement the provisions of this Convention or to fcilitte the ppliction of the principles contined therein.. Article 6 1 Article 9 of the Convention shll ecome Article 10. 2 Prgrph 1 of new Article 10 shll e mended to red s follows: The Europen Committee on Crime Prolems (CDPC) is responsile for following the ppliction of the Convention. The CDPC: shll e kept informed regrding the ppliction of the Convention;
6 ETS No. 190 Suppression of Terrorism (Amending Protocol), 15.V.2003 c d e f g shll mke proposls with view to fcilitting or improving the ppliction of the Convention; shll mke recommendtions to the Committee of Ministers concerning the proposls for mendments to the Convention, nd shll give its opinion on ny proposls for mendments to the Convention sumitted y Contrcting Stte in ccordnce with Articles 12 nd 13; shll, t the request of Contrcting Stte, express n opinion on ny question concerning the ppliction of the Convention; shll do whtever is necessry to fcilitte friendly settlement of ny difficulty which my rise out of the execution of the Convention; shll mke recommendtions to the Committee of Ministers concerning non-memer Sttes of the Council of Europe to e invited to ccede to the Convention in ccordnce with Article 14, prgrph 3; shll sumit every yer to the Committee of Ministers of the Council of Europe report on the follow-up given to this rticle in the ppliction of the Convention.. 3 Prgrph 2 of new Article 10 shll e deleted. Article 7 1 Article 10 of the Convention shll ecome Article 11. 2 In the first sentence of prgrph 1 of new Article 11, the terms Article 9, prgrph 2 shll e replced y the terms Article 10.e, or y negotition. In the second sentence of this prgrph, the term "two" shll e deleted. The remining sentences of this prgrph shll e deleted. 3 Prgrph 2 of new Article 11 shll ecome prgrph 6 of this rticle. The sentence Where mjority cnnot e reched, the referee shll hve csting vote shll e dded fter the second sentence nd in the lst sentence the terms Its wrd shll e replced y the terms The triunl s judgement. 4 The text of new Article 11 shll e supplemented y the following prgrphs: 2 In the cse of disputes involving Prties which re memer Sttes of the Council of Europe, where Prty fils to nominte its ritrtor in pursunce of prgrph 1 of this rticle within three months following the request for ritrtion, n ritrtor shll e nominted y the President of the Europen Court of Humn Rights t the request of the other Prty. 3 In the cse of disputes involving ny Prty which is not memer of the Council of Europe, where Prty fils to nominte its ritrtor in pursunce of prgrph 1 of this rticle within three months following the request for ritrtion, n ritrtor shll e nominted y the President of the Interntionl Court of Justice t the request of the other Prty. 4 In the cses covered y prgrphs 2 nd 3 of this rticle, where the President of the Court concerned is ntionl of one of the Prties to the dispute, this duty shll e crried out y the Vice-President of the Court, or if the Vice-President is ntionl of one of the Prties to the dispute, y the most senior judge of the Court who is not ntionl of one of the Prties to the dispute.
7 ETS No. 190 Suppression of Terrorism (Amending Protocol), 15.V.2003 5 The procedures referred to in prgrphs 2 or 3 nd 4 ove pply, muttis mutndis, where the ritrtors fil to gree on the nomintion of referee in ccordnce with prgrph 1 of this rticle.. Article 8 A new rticle shll e introduced fter new Article 11 nd shll red s follows: Article 12 1 Amendments to this Convention my e proposed y ny Contrcting Stte, or y the Committee of Ministers. Proposls for mendment shll e communicted y the Secretry Generl of the Council of Europe to the Contrcting Sttes. 2 After hving consulted the non-memer Contrcting Sttes nd, if necessry, the CDPC, the Committee of Ministers my dopt the mendment in ccordnce with the mjority provided for in Article 20.d of the Sttute of the Council of Europe. The Secretry Generl of the Council of Europe shll sumit ny mendments dopted to the Contrcting Sttes for cceptnce. 3 Any mendment dopted in ccordnce with the ove prgrph shll enter into force on the thirtieth dy following notifiction y ll the Prties to the Secretry Generl of their cceptnce thereof.. Article 9 A new rticle shll e introduced fter new Article 12 nd shll red s follows: Article 13 1 In order to updte the list of treties in Article 1, prgrph 1, mendments my e proposed y ny Contrcting Stte or y the Committee of Ministers. These proposls for mendment shll only concern treties concluded within the United Ntions Orgnistion deling specificlly with interntionl terrorism nd hving entered into force. They shll e communicted y the Secretry Generl of the Council of Europe to the Contrcting Sttes. 2 After hving consulted the non-memer Contrcting Sttes nd, if necessry the CDPC, the Committee of Ministers my dopt proposed mendment y the mjority provided for in Article 20.d of the Sttute of the Council of Europe. The mendment shll enter into force following the expiry of period of one yer fter the dte on which it hs een forwrded to the Contrcting Sttes. During this period, ny Contrcting Stte my notify the Secretry Generl of ny ojection to the entry into force of the mendment in its respect. 3 If one-third of the Contrcting Sttes notifies the Secretry Generl of n ojection to the entry into force of the mendment, the mendment shll not enter into force. 4 If less thn one-third of the Contrcting Sttes notifies n ojection, the mendment shll enter into force for those Contrcting Sttes which hve not notified n ojection. 5 Once n mendment hs entered into force in ccordnce with prgrph 2 of this rticle nd Contrcting Stte hs notified n ojection to it, this mendment shll come into force in respect of the Contrcting Stte concerned on the first dy of the month following the dte on which it hs notified the Secretry Generl of the Council of Europe of its cceptnce..
8 ETS No. 190 Suppression of Terrorism (Amending Protocol), 15.V.2003 Article 10 1 Article 11 of the Convention shll ecome Article 14. 2 In the first sentence of prgrph 1 of new Article 14 the terms memer Sttes of the Council of Europe shll e replced y the terms memer Sttes of nd Oserver Sttes to the Council of Europe nd in the second nd third sentences, the terms or pprovl shll e replced y the terms ", pprovl or ccession. 3 The text of new Article 14 shll e supplemented y the following prgrph: 3 The Committee of Ministers of the Council of Europe, fter consulting the CDPC, my invite ny Stte not memer of the Council of Europe, other thn those referred to under prgrph 1 of this rticle, to ccede to the Convention. The decision shll e 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 of Ministers.. 4 Prgrph 3 of new Article 14 shll ecome prgrph 4 of this rticle, nd the terms or pproving nd or pprovl shll e replced respectively y the terms, pproving or cceding nd, pprovl or ccession. Article 11 1 Article 12 of the Convention shll ecome Article 15. 2 In the first sentence of prgrph 1 of new Article 15, the terms or pprovl shll e replced y the terms, pprovl or ccession. 3 In the first sentence of prgrph 2 of new Article 15, the terms or pprovl re replced y the terms, pprovl or ccession. Article 12 1 Reservtions to the Convention mde prior to the opening for signture of the present Protocol shll not e pplicle to the Convention s mended y the present Protocol. 2 Article 13 of the Convention shll ecome Article 16. 3 In the first sentence of prgrph 1 of new Article 16 the terms Prty to the Convention on 15 My 2003 shll e dded efore the term my nd the terms of the Protocol mending the Convention shll e dded fter the term pprovl. A second sentence shll e dded fter the terms politicl motives nd shll red: The Contrcting Stte undertkes to pply this reservtion on cse-y-cse sis, through duly resoned decision nd tking into due considertion, when evluting the chrcter of the offence, ny prticulrly serious spects of the offence, including:. The reminder of the first sentence shll e deleted, with the exception of su-prgrphs, nd c. 4 The text of new Article 16 shll e supplemented y the following prgrph: 2 When pplying prgrph 1 of this rticle, Contrcting Stte shll indicte the offences to which its reservtion pplies.. 5 Prgrph 2 of new Article 16 shll ecome prgrph 3 of this rticle. In the first sentence of this prgrph, the term "Contrcting" shll e dded efore the term "Stte" nd the terms the foregoing prgrph shll e replced y the terms prgrph 1..
9 ETS No. 190 Suppression of Terrorism (Amending Protocol), 15.V.2003 6 Prgrph 3 of new Article 16 shll ecome prgrph 4 of this rticle. In the first sentence of this prgrph, the term "Contrcting" shll e dded efore the term "Stte". 7 The text of new Article 16 shll e supplemented y the following prgrphs: 5 The reservtions referred to in prgrph 1 of this rticle shll e vlid for period of three yers from the dy of the entry into force of this Convention in respect of the Stte concerned. However, such reservtions my e renewed for periods of the sme durtion. 6 Twelve months efore the dte of expiry of the reservtion, the Secretrit Generl of the Council of Europe shll give notice of tht expiry to the Contrcting Stte concerned. No lter thn three months efore expiry, the Contrcting Stte shll notify the Secretry Generl of the Council of Europe tht it is upholding, mending or withdrwing its reservtion. Where Contrcting Stte notifies the Secretry Generl of the Council of Europe tht it is upholding its reservtion, it shll provide n explntion of the grounds justifying its continunce. In the sence of notifiction y the Contrcting Stte concerned, the Secretry Generl of the Council of Europe shll inform tht Contrcting Stte tht its reservtion is considered to hve een extended utomticlly for period of six months. Filure y the Contrcting Stte concerned to notify its intention to uphold or modify its reservtion efore the expiry of tht period shll cuse the reservtion to lpse. 7 Where Contrcting Stte does not extrdite person, in ppliction of reservtion mde in ccordnce with prgrph 1 of this rticle, fter receiving request for extrdition from nother Contrcting Stte, it shll sumit the cse, without exception whtsoever nd without undue dely, to its competent uthorities for the purpose of prosecution, unless the requesting Stte nd the requested Stte otherwise gree. The competent uthorities, for the purpose of prosecution in the requested Stte, shll tke their decision in the sme mnner s in the cse of ny offence of serious nture under the lw of tht Stte. The requested Stte shll communicte, without undue dely, the finl outcome of the proceedings to the requesting Stte nd to the Secretry Generl of the Council of Europe, who shll forwrd it to the Conference provided for in Article 17. 8 The decision to refuse the extrdition request, on the sis of reservtion mde in ccordnce with prgrph 1 of this rticle, shll e forwrded promptly to the requesting Stte. If within resonle time no judicil decision on the merits hs een tken in the requested Stte ccording to prgrph 7, the requesting Stte my communicte this fct to the Secretry Generl of the Council of Europe, who shll sumit the mtter to the Conference provided for in Article 17. This Conference shll consider the mtter nd issue n opinion on the conformity of the refusl with the Convention nd shll sumit it to the Committee of Ministers for the purpose of issuing declrtion thereon. When performing its functions under this prgrph, the Committee of Ministers shll meet in its composition restricted to the Contrcting Sttes.. Article 13 A new rticle shll e introduced fter new Article 16 of the Convention, nd shll red s follows: Article 17 1 Without prejudice to the ppliction of Article 10, there shll e Conference of Sttes Prties ginst Terrorism (hereinfter referred to s the COSTER ) responsile for ensuring:
10 ETS No. 190 Suppression of Terrorism (Amending Protocol), 15.V.2003 c d e the effective use nd opertion of this Convention including the identifiction of ny prolems therein, in close contct with the CDPC; the exmintion of reservtions mde in ccordnce with Article 16 nd in prticulr the procedure provided in Article 16, prgrph 8; the exchnge of informtion on significnt legl nd policy developments pertining to the fight ginst terrorism; the exmintion, t the request of the Committee of Ministers, of mesures dopted within the Council of Europe in the field of the fight ginst terrorism nd, where pproprite, the elortion of proposls for dditionl mesures necessry to improve interntionl co-opertion in the re of the fight ginst terrorism nd, where coopertion in criminl mtters is concerned, in consulttion with the CDPC; the preprtion of opinions in the re of the fight ginst terrorism nd the execution of the terms of reference given y the Committee of Ministers. 2 The COSTER shll e composed of one expert ppointed y ech of the Contrcting Sttes. It will meet once yer on regulr sis, nd on n extrordinry sis t the request of the Secretry Generl of the Council of Europe or of t lest one-third of the Contrcting Sttes. 3 The COSTER will dopt its own Rules of Procedure. The expenses for the prticiption of Contrcting Sttes which re memer Sttes of the Council of Europe shll e orne y the Council of Europe. The Secretrit of the Council of Europe will ssist the COSTER in crrying out its functions pursunt to this rticle. 4 The CDPC shll e kept periodiclly informed out the work of the COSTER.. Article 14 Article 14 of the Convention shll ecome Article 18. Article 15 Article 15 of the Convention shll e deleted. Article 16 1 Article 16 of the Convention shll ecome Article 19. 2 In the introductory sentence of new Article 19, the terms memer Sttes of the Council shll e replced y the terms Contrcting Sttes. 3 In prgrph of new Article 19, the terms "or pprovl" shll e replced y the terms ", pprovl or ccession. 4 In prgrph c of new Article 19, the numer 11 shll red 14. 5 In prgrph d of new Article 19, the numer 12 shll red 15. 6 Prgrphs e nd f of new Article 19 shll e deleted. 7 Prgrph g of new Article 19 shll ecome prgrph e of this rticle nd the numer 14 shll red 18.
11 ETS No. 190 Suppression of Terrorism (Amending Protocol), 15.V.2003 8 Prgrph h of new Article 19 shll e deleted. Article 17 1 This Protocol shll e open for signture y memer Sttes of the Council of Europe signtories to the Convention, 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 18 This Protocol shll enter into force on the first dy of the month following the expirtion of period of three months fter the dte on which ll Prties to the Convention hve expressed their consent to e ound y the Protocol, in ccordnce with the provisions of Article 17. Article 19 The Secretry Generl of the Council of Europe shll notify the memer Sttes of the Council of Europe of: ny signture; the deposit of ny instrument of rtifiction, cceptnce or pprovl; c the dte of entry into force of this Protocol, in ccordnce with Article 18; d ny other ct, notifiction or communiction relting to this Protocol. In witness whereof, the undersigned, eing duly uthorised thereto, hve signed this Protocol. Done t Strsourg, this 15th dy of My 2003, in English nd in 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 ech of the signtory Sttes.