Convenzione penale sulla corruzione
(STCE n° : 173)
Trattato aperto alla firma degli Stati membri
e degli Stati non membri i quali hanno participato alla sua
elaborazione e all'adesione degli altri Stati non membri e della
Comunità europea
|
Apertura
alla firma
|
Entrata
in vigore
|
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Luogo : Strasburgo
Data : 27/1/1999
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Condizioni : 14 Ratifiche.
Data : 1/7/2002
|
TESTO
CRIMINAL LAW CONVENTION ON CORRUPTION
Strasbourg, 27.I.1999
Preamble
The member States of the Council of Europe and the other States
signatory hereto,
Considering that the aim of the Council of Europe is to achieve
a greater unity between its members;
Recognising the value of fostering co-operation with the other
States signatories to this Convention;
Convinced of the need to pursue, as a matter of priority,
a common criminal policy aimed at the protection of society
against corruption, including the adoption of appropriate legislation
and preventive measures;
Emphasising that corruption threatens the rule of law, democracy
and human rights, undermines good governance, fairness and social
justice, distorts competition, hinders economic development
and endangers the stability of democratic institutions and the
moral foundations of society;
Believing that an effective fight against corruption requires
increased, rapid and well-functioning international co-operation
in criminal matters;
Welcoming recent developments which further advance international
understanding and co-operation in combating corruption, including
actions of the United Nations, the World Bank, the International
Monetary Fund, the World Trade Organisation, the Organisation
of American States, the OECD and the European Union;
Having regard to the Programme of Action against Corruption
adopted by the Committee of Ministers of the Council of Europe
in November 1996 following the recommendations of the 19th Conference
of European Ministers of Justice (Valletta, 1994);
Recalling in this respect the importance of the participation
of non-member States in the Council of Europe's activities against
corruption and welcoming their valuable contribution to the
implementation of the Programme of Action against Corruption;
Further recalling that Resolution No. 1 adopted by the European
Ministers of Justice at their 21st Conference (Prague, 1997)
recommended the speedy implementation of the Programme of Action
against Corruption, and called, in particular, for the early
adoption of a criminal law convention providing for the co-ordinated
incrimination of corruption offences, enhanced co-operation
for the prosecution of such offences as well as an effective
follow-up mechanism open to member States and non-member States
on an equal footing;
Bearing in mind that the Heads of State and Government of
the Council of Europe decided, on the occasion of their Second
Summit held in Strasbourg on 10 and 11 October 1997, to seek
common responses to the challenges posed by the growth in corruption
and adopted an Action Plan which, in order to promote co-operation
in the fight against corruption, including its links with organised
crime and money laundering, instructed the Committee of Ministers,
inter alia, to secure the rapid completion of international
legal instruments pursuant to the Programme of Action against
Corruption;
Considering moreover that Resolution (97) 24 on the 20 Guiding
Principles for the Fight against Corruption, adopted on 6 November
1997 by the Committee of Ministers at its 101st Session, stresses
the need rapidly to complete the elaboration of international
legal instruments pursuant to the Programme of Action against
Corruption;
In view of the adoption by the Committee of Ministers, at
its 102nd Session on 4 May 1998, of Resolution (98) 7 authorising
the partial and enlarged agreement establishing the "Group
of States against Corruption - GRECO", which aims at improving
the capacity of its members to fight corruption by following
up compliance with their undertakings in this field,
Have agreed as follows:
Chapter I - Use of terms
Article 1 - Use of terms
For the purposes of this Convention:
a "public official" shall be understood by reference
to the definition of "official", "public officer",
"mayor", "minister" or "judge"
in the national law of the State in which the person in question
performs that function and as applied in its criminal law;
b the term "judge" referred to in sub-paragraph
a above shall include prosecutors and holders of judicial offices;
c in the case of proceedings involving a public official of
another State, the prosecuting State may apply the definition
of public official only insofar as that definition is compatible
with its national law;
d "legal person" shall mean any entity having such
status under the applicable national law, except for States
or other public bodies in the exercise of State authority and
for public international organisations.
Chapter II - Measures to be taken at national level
Article 2 - Active bribery of domestic public officials
Each Party shall adopt such legislative and other measures
as may be necessary to establish as criminal offences under
its domestic law, when committed intentionally, the promising,
offering or giving by any person, directly or indirectly, of
any undue advantage to any of its public officials, for himself
or herself or for anyone else, for him or her to act or refrain
from acting in the exercise of his or her functions.
Article 3 - Passive bribery of domestic public officials
Each Party shall adopt such legislative and other measures
as may be necessary to establish as criminal offences under
its domestic law, when committed intentionally, the request
or receipt by any of its public officials, directly or indirectly,
of any undue advantage, for himself or herself or for anyone
else, or the acceptance of an offer or a promise of such an
advantage, to act or refrain from acting in the exercise of
his or her functions.
Article 4 - Bribery of members of domestic public assemblies
Each Party shall adopt such legislative and other measures
as may be necessary to establish as criminal offences under
its domestic law the conduct referred to in Articles 2 and 3,
when involving any person who is a member of any domestic public
assembly exercising legislative or administrative powers.
Article 5 - Bribery of foreign public officials
Each Party shall adopt such legislative and other measures
as may be necessary to establish as criminal offences under
its domestic law the conduct referred to in Articles 2 and 3,
when involving a public official of any other State.
Article 6 - Bribery of members of foreign public assemblies
Each Party shall adopt such legislative and other measures
as may be necessary to establish as criminal offences under
its domestic law the conduct referred to in Articles 2 and 3,
when involving any person who is a member of any public assembly
exercising legislative or administrative powers in any other
State.
Article 7 - Active bribery in the private sector
Each Party shall adopt such legislative and other measures
as may be necessary to establish as criminal offences under
its domestic law, when committed intentionally in the course
of business activity, the promising, offering or giving, directly
or indirectly, of any undue advantage to any persons who direct
or work for, in any capacity, private sector entities, for themselves
or for anyone else, for them to act, or refrain from acting,
in breach of their duties.
Article 8 - Passive bribery in the private sector
Each Party shall adopt such legislative and other measures
as may be necessary to establish as criminal offences under
its domestic law, when committed intentionally, in the course
of business activity, the request or receipt, directly or indirectly,
by any persons who direct or work for, in any capacity, private
sector entities, of any undue advantage or the promise thereof
for themselves or for anyone else, or the acceptance of an offer
or a promise of such an advantage, to act or refrain from acting
in breach of their duties.
Article 9 - Bribery of officials of international organisations
Each Party shall adopt such legislative and other measures
as may be necessary to establish as criminal offences under
its domestic law the conduct referred to in Articles 2 and 3,
when involving any official or other contracted employee, within
the meaning of the staff regulations, of any public international
or supranational organisation or body of which the Party is
a member, and any person, whether seconded or not, carrying
out functions corresponding to those performed by such officials
or agents.
Article 10 - Bribery of members of international parliamentary
assemblies
Each Party shall adopt such legislative and other measures
as may be necessary to establish as criminal offences under
its domestic law the conduct referred to in Article 4 when involving
any members of parliamentary assemblies of international or
supranational organisations of which the Party is a member.
Article 11 - Bribery of judges and officials of international
courts
Each Party shall adopt such legislative and other measures
as may be necessary to establish as criminal offences under
its domestic law the conduct referred to in Articles 2 and 3
involving any holders of judicial office or officials of any
international court whose jurisdiction is accepted by the Party.
Article 12 - Trading in influence
Each Party shall adopt such legislative and other measures
as may be necessary to establish as criminal offences under
its domestic law, when committed intentionally, the promising,
giving or offering, directly or indirectly, of any undue advantage
to anyone who asserts or confirms that he or she is able to
exert an improper influence over the decision-making of any
person referred to in Articles 2, 4 to 6 and 9 to 11 in consideration
thereof, whether the undue advantage is for himself or herself
or for anyone else, as well as the request, receipt or the acceptance
of the offer or the promise of such an advantage, in consideration
of that influence, whether or not the influence is exerted or
whether or not the supposed influence leads to the intended
result.
Article 13 - Money laundering of proceeds from corruption
offences
Each Party shall adopt such legislative and other measures
as may be necessary to establish as criminal offences under
its domestic law the conduct referred to in the Council of Europe
Convention on Laundering, Search, Seizure and Confiscation of
the Products from Crime (ETS No. 141), Article 6, paragraphs
1 and 2, under the conditions referred to therein, when the
predicate offence consists of any of the criminal offences established
in accordance with Articles 2 to 12 of this Convention, to the
extent that the Party has not made a reservation or a declaration
with respect to these offences or does not consider such offences
as serious ones for the purpose of their money laundering legislation.
Article 14 - Account offences
Each Party shall adopt such legislative and other measures
as may be necessary to establish as offences liable to criminal
or other sanctions under its domestic law the following acts
or omissions, when committed intentionally, in order to commit,
conceal or disguise the offences referred to in Articles 2 to
12, to the extent the Party has not made a reservation or a
declaration:
a creating or using an invoice or any other accounting document
or record containing false or incomplete information;
b unlawfully omitting to make a record of a payment.
Article 15 - Participatory acts
Each Party shall adopt such legislative and other measures
as may be necessary to establish as criminal offences under
its domestic law aiding or abetting the commission of any of
the criminal offences established in accordance with this Convention.
Article 16 - Immunity
The provisions of this Convention shall be without prejudice
to the provisions of any Treaty, Protocol or Statute, as well
as their implementing texts, as regards the withdrawal of immunity.
Article 17 - Jurisdiction
1 Each Party shall adopt such legislative and other measures
as may be necessary to establish jurisdiction over a criminal
offence established in accordance with Articles 2 to 14 of this
Convention where:
a the offence is committed in whole or in part in its territory;
b the offender is one of its nationals, one of its public
officials, or a member of one of its domestic public assemblies;
c the offence involves one of its public officials or members
of its domestic public assemblies or any person referred to
in Articles 9 to 11 who is at the same time one of its nationals.
2 Each State may, at the time of signature or when depositing
its instrument of ratification, acceptance, approval or accession,
by a declaration addressed to the Secretary General of the Council
of Europe, declare that it reserves the right not to apply or
to apply only in specific cases or conditions the jurisdiction
rules laid down in paragraphs 1 b and c of this article or any
part thereof.
3 If a Party has made use of the reservation possibility provided
for in paragraph 2 of this article, it shall adopt such measures
as may be necessary to establish jurisdiction over a criminal
offence established in accordance with this Convention, in cases
where an alleged offender is present in its territory and it
does not extradite him to another Party, solely on the basis
of his nationality, after a request for extradition.
4 This Convention does not exclude any criminal jurisdiction
exercised by a Party in accordance with national law.
Article 18 - Corporate liability
1 Each Party shall adopt such legislative and other measures
as may be necessary to ensure that legal persons can be held
liable for the criminal offences of active bribery, trading
in influence and money laundering established in accordance
with this Convention, committed for their benefit by any natural
person, acting either individually or as part of an organ of
the legal person, who has a leading position within the legal
person, based on:
- a power of representation of the legal person; or
- an authority to take decisions on behalf of the legal person;
or
- an authority to exercise control within the legal person;
as well as for involvement of such a natural person as accessory
or instigator in the above-mentioned offences.
2 Apart from the cases already provided for in paragraph 1,
each Party shall take the necessary measures to ensure that
a legal person can be held liable where the lack of supervision
or control by a natural person referred to in paragraph 1 has
made possible the commission of the criminal offences mentioned
in paragraph 1 for the benefit of that legal person by a natural
person under its authority.
3 Liability of a legal person under paragraphs 1 and 2 shall
not exclude criminal proceedings against natural persons who
are perpetrators, instigators of, or accessories to, the criminal
offences mentioned in paragraph 1.
Article 19 - Sanctions and measures
1 Having regard to the serious nature of the criminal offences
established in accordance with this Convention, each Party shall
provide, in respect of those criminal offences established in
accordance with Articles 2 to 14, effective, proportionate and
dissuasive sanctions and measures, including, when committed
by natural persons, penalties involving deprivation of liberty
which can give rise to extradition.
2 Each Party shall ensure that legal persons held liable in
accordance with Article 18, paragraphs 1 and 2, shall be subject
to effective, proportionate and dissuasive criminal or non-criminal
sanctions, including monetary sanctions.
3 Each Party shall adopt such legislative and other measures
as may be necessary to enable it to confiscate or otherwise
deprive the instrumentalities and proceeds of criminal offences
established in accordance with this Convention, or property
the value of which corresponds to such proceeds.
Article 20 - Specialised authorities
Each Party shall adopt such measures as may be necessary to
ensure that persons or entities are specialised in the fight
against corruption. They shall have the necessary independence
in accordance with the fundamental principles of the legal system
of the Party, in order for them to be able to carry out their
functions effectively and free from any undue pressure. The
Party shall ensure that the staff of such entities has adequate
training and financial resources for their tasks.
Article 21 - Co-operation with and between national authorities
Each Party shall adopt such measures as may be necessary to
ensure that public authorities, as well as any public official,
co-operate, in accordance with national law, with those of its
authorities responsible for investigating and prosecuting criminal
offences:
a by informing the latter authorities, on their own initiative,
where there are reasonable grounds to believe that any of the
criminal offences established in accordance with Articles 2
to 14 has been committed, or
b by providing, upon request, to the latter authorities all
necessary information.
Article 22 - Protection of collaborators of justice and witnesses
Each Party shall adopt such measures as may be necessary to
provide effective and appropriate protection for:
a those who report the criminal offences established in accordance
with Articles 2 to 14 or otherwise co-operate with the investigating
or prosecuting authorities;
b witnesses who give testimony concerning these offences.
Article 23 - Measures to facilitate the gathering of evidence
and the confiscation of proceeds
1 Each Party shall adopt such legislative and other measures
as may be necessary, including those permitting the use of special
investigative techniques, in accordance with national law, to
enable it to facilitate the gathering of evidence related to
criminal offences established in accordance with Article 2 to
14 of this Convention and to identify, trace, freeze and seize
instrumentalities and proceeds of corruption, or property the
value of which corresponds to such proceeds, liable to measures
set out in accordance with paragraph 3 of Article 19 of this
Convention.
2 Each Party shall adopt such legislative and other measures
as may be necessary to empower its courts or other competent
authorities to order that bank, financial or commercial records
be made available or be seized in order to carry out the actions
referred to in paragraph 1 of this article.
3 Bank secrecy shall not be an obstacle to measures provided
for in paragraphs 1 and 2 of this article.
Chapter III - Monitoring of implementation
Article 24 - Monitoring
The Group of States against Corruption (GRECO) shall monitor
the implementation of this Convention by the Parties.
Chapter IV - International co-operation
Article 25 - General principles and measures for international
co-operation
1 The Parties shall co-operate with each other, in accordance
with the provisions of relevant international instruments on
international co-operation in criminal matters, or arrangements
agreed on the basis of uniform or reciprocal legislation, and
in accordance with their national law, to the widest extent
possible for the purposes of investigations and proceedings
concerning criminal offences established in accordance with
this Convention.
2 Where no international instrument or arrangement referred
to in paragraph 1 is in force between Parties, Articles 26 to
31 of this chapter shall apply.
3 Articles 26 to 31 of this chapter shall also apply where
they are more favourable than those of the international instruments
or arrangements referred to in paragraph 1.
Article 26 - Mutual assistance
1 The Parties shall afford one another the widest measure
of mutual assistance by promptly processing requests from authorities
that, in conformity with their domestic laws, have the power
to investigate or prosecute criminal offences established in
accordance with this Convention.
2 Mutual legal assistance under paragraph 1 of this article
may be refused if the requested Party believes that compliance
with the request would undermine its fundamental interests,
national sovereignty, national security or ordre public.
3 Parties shall not invoke bank secrecy as a ground to refuse
any co-operation under this chapter. Where its domestic law
so requires, a Party may require that a request for co-operation
which would involve the lifting of bank secrecy be authorised
by either a judge or another judicial authority, including public
prosecutors, any of these authorities acting in relation to
criminal offences.
Article 27 - Extradition
1 The criminal offences established in accordance with this
Convention shall be deemed to be included as extraditable offences
in any extradition treaty existing between or among the Parties.
The Parties undertake to include such offences as extraditable
offences in any extradition treaty to be concluded between or
among them.
2 If a Party that makes extradition conditional on the existence
of a treaty receives a request for extradition from another
Party with which it does not have an extradition treaty, it
may consider this Convention as the legal basis for extradition
with respect to any criminal offence established in accordance
with this Convention.
3 Parties that do not make extradition conditional on the
existence of a treaty shall recognise criminal offences established
in accordance with this Convention as extraditable offences
between themselves.
4 Extradition shall be subject to the conditions provided
for by the law of the requested Party or by applicable extradition
treaties, including the grounds on which the requested Party
may refuse extradition.
5 If extradition for a criminal offence established in accordance
with this Convention is refused solely on the basis of the nationality
of the person sought, or because the requested Party deems that
it has jurisdiction over the offence, the requested Party shall
submit the case to its competent authorities for the purpose
of prosecution unless otherwise agreed with the requesting Party,
and shall report the final outcome to the requesting Party in
due course.
Article 28 - Spontaneous information
Without prejudice to its own investigations or proceedings,
a Party may without prior request forward to another Party information
on facts when it considers that the disclosure of such information
might assist the receiving Party in initiating or carrying out
investigations or proceedings concerning criminal offences established
in accordance with this Convention or might lead to a request
by that Party under this chapter.
Article 29 - Central authority
1 The Parties shall designate a central authority or, if appropriate,
several central authorities, which shall be responsible for
sending and answering requests made under this chapter, the
execution of such requests or the transmission of them to the
authorities competent for their execution.
2 Each Party shall, at the time of signature or when depositing
its instrument of ratification, acceptance, approval or accession,
communicate to the Secretary General of the Council of Europe
the names and addresses of the authorities designated in pursuance
of paragraph 1 of this article.
Article 30 - Direct communication
1 The central authorities shall communicate directly with
one another.
2 In the event of urgency, requests for mutual assistance
or communications related thereto may be sent directly by the
judicial authorities, including public prosecutors, of the requesting
Party to such authorities of the requested Party. In such cases
a copy shall be sent at the same time to the central authority
of the requested Party through the central authority of the
requesting Party.
3 Any request or communication under paragraphs 1 and 2 of
this article may be made through the International Criminal
Police Organisation (Interpol).
4 Where a request is made pursuant to paragraph 2 of this
article and the authority is not competent to deal with the
request, it shall refer the request to the competent national
authority and inform directly the requesting Party that it has
done so.
5 Requests or communications under paragraph 2 of this article,
which do not involve coercive action, may be directly transmitted
by the competent authorities of the requesting Party to the
competent authorities of the requested Party.
6 Each State may, at the time of signature or when depositing
its instrument of ratification, acceptance, approval or accession,
inform the Secretary General of the Council of Europe that,
for reasons of efficiency, requests made under this chapter
are to be addressed to its central authority.
Article 31 - Information
The requested Party shall promptly inform the requesting Party
of the action taken on a request under this chapter and the
final result of that action. The requested Party shall also
promptly inform the requesting Party of any circumstances which
render impossible the carrying out of the action sought or are
likely to delay it significantly.
Chapter V - 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 and by non-member States which
have participated in its elaboration. Such States may express
their consent to be bound by:
a signature without reservation as to ratification, acceptance
or approval; or
b signature subject to ratification, acceptance or approval,
followed by ratification, acceptance or approval.
2 Instruments of ratification, acceptance or approval shall
be deposited with the Secretary General of the Council of Europe.
3 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 fourteenth States have expressed their
consent to be bound by the Convention in accordance with the
provisions of paragraph 1. Any such State, which is not a member
of the Group of States against Corruption (GRECO) at the time
of ratification, shall automatically become a member on the
date the Convention enters into force.
4 In respect of any signatory State 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 their consent to be bound by the Convention in accordance
with the provisions of paragraph 1. Any signatory State, which
is not a member of the Group of States against Corruption (GRECO)
at the time of ratification, shall automatically become a member
on the date the Convention enters into force in its respect.
Article 33 - Accession to the Convention
1 After the entry into force of this Convention, the Committee
of Ministers of the Council of Europe, after consulting the
Contracting States to the Convention, may invite the European
Community as well as any State not a member of the Council and
not having participated in its elaboration to accede to this
Convention, by a decision taken by the majority provided for
in Article 20d of the Statute of the Council of Europe and by
the unanimous vote of the representatives of the Contracting
States entitled to sit on the Committee of Ministers.
2 In respect of the European Community and any State acceding
to it under paragraph 1 above, 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 deposit of the
instrument of accession with the Secretary General of the Council
of Europe. The European Community and any State acceding to
this Convention shall automatically become a member of GRECO,
if it is not already a member at the time of accession, on the
date the Convention enters into force in its respect.
Article 34 - Territorial application
1 Any State may, at the time of signature or when depositing
its instrument of ratification, acceptance, approval or accession,
specify the territory or territories to which this Convention
shall apply.
2 Any 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. In respect of such 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 such 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 35 - Relationship to other conventions and agreements
1 This Convention does not affect the rights and undertakings
derived from international multilateral conventions concerning
special matters.
2 The Parties to the Convention may conclude bilateral or
multilateral agreements with one another on the matters dealt
with in this Convention, for purposes of supplementing or strengthening
its provisions or facilitating the application of the principles
embodied in it.
3 If two or more Parties have already concluded an agreement
or treaty in respect of a subject which is dealt with in this
Convention or otherwise have established their relations in
respect of that subject, they shall be entitled to apply that
agreement or treaty or to regulate those relations accordingly,
in lieu of the present Convention, if it facilitates international
co-operation.
Article 36 - Declarations
Any State may, at the time of signature or when depositing
its instrument of ratification, acceptance, approval or accession,
declare that it will establish as criminal offences the active
and passive bribery of foreign public officials under Article
5, of officials of international organisations under Article
9 or of judges and officials of international courts under Article
11, only to the extent that the public official or judge acts
or refrains from acting in breach of his duties.
Article 37 - Reservations
1 Any State may, at the time of signature or when depositing
its instrument of ratification, acceptance, approval or accession,
reserve its right not to establish as a criminal offence under
its domestic law, in part or in whole, the conduct referred
to in Articles 4, 6 to 8, 10 and 12 or the passive bribery offences
defined in Article 5.
2 Any State may, at the time of signature or when depositing
its instrument of ratification, acceptance, approval or accession
declare that it avails itself of the reservation provided for
in Article 17, paragraph 2.
3 Any State may, at the time of signature or when depositing
its instrument of ratification, acceptance, approval or accession
declare that it may refuse mutual legal assistance under Article
26, paragraph 1, if the request concerns an offence which the
requested Party considers a political offence.
4 No State may, by application of paragraphs 1, 2 and 3 of
this article, enter reservations to more than five of the provisions
mentioned thereon. No other reservation may be made. Reservations
of the same nature with respect to Articles 4, 6 and 10 shall
be considered as one reservation.
Article 38 - Validity and review of declarations and reservations
1 Declarations referred to in Article 36 and reservations
referred to in Article 37 shall be valid for a period of three
years from the day of the entry into force of this Convention
in respect of the State concerned. However, such declarations
and reservations may be renewed for periods of the same duration.
2 Twelve months before the date of expiry of the declaration
or reservation, the Secretariat General of the Council of Europe
shall give notice of that expiry to the State concerned. No
later than three months before the expiry, the State shall notify
the Secretary General that it is upholding, amending or withdrawing
its declaration or reservation. In the absence of a notification
by the State concerned, the Secretariat General shall inform
that State that its declaration or reservation is considered
to have been extended automatically for a period of six months.
Failure by the State concerned to notify its intention to uphold
or modify its declaration or reservation before the expiry of
that period shall cause the declaration or reservation to lapse.
3 If a Party makes a declaration or a reservation in conformity
with Articles 36 and 37, it shall provide, before its renewal
or upon request, an explanation to GRECO, on the grounds justifying
its continuance.
Article 39 - Amendments
1 Amendments to this Convention may be proposed by any Party,
and shall be communicated by the Secretary General of the Council
of Europe to the member States of the Council of Europe and
to every non-member State which has acceded to, or has been
invited to accede to, this Convention in accordance with the
provisions of Article 33.
2 Any amendment proposed by a Party shall be communicated
to the European Committee on Crime Problems (CDPC), which shall
submit to the Committee of Ministers its opinion on that proposed
amendment.
3 The Committee of Ministers shall consider the proposed amendment
and the opinion submitted by the CDPC and, following consultation
of the non-member States Parties to this Convention, may adopt
the amendment.
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 thirtieth day after
all Parties have informed the Secretary General of their acceptance
thereof.
Article 40 - Settlement of disputes
1 The European Committee on Crime Problems of the Council
of Europe shall be kept informed regarding the interpretation
and application of this Convention.
2 In case of a dispute between Parties as to the interpretation
or application of this Convention, they shall seek a settlement
of the dispute through negotiation or any other peaceful means
of their choice, including submission of the dispute to the
European Committee on Crime Problems, to an arbitral tribunal
whose decisions shall be binding upon the Parties, or to the
International Court of Justice, as agreed upon by the Parties
concerned.
Article 41 - Denunciation
1 Any 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 42 - Notification
The Secretary General of the Council of Europe shall notify
the member States of the Council of Europe and any State which
has acceded to this Convention of:
a any signature;
b the deposit of any instrument of ratification, acceptance,
approval or accession;
c any date of entry into force of this Convention in accordance
with Articles 32 and 33;
d any declaration or reservation made under Article 36 or
Article 37;
e any other act, notification or communication relating to
this Convention.
In witness whereof the undersigned, being duly authorised
thereto, have signed this Convention.
Done at Strasbourg, this 27th day of January 1999, 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, and to any State invited
to accede to it.