Vorbehalte und Erklärungen für Vertrag Nr.124 - Europäisches Übereinkommen über die Anerkennung der Rechtspersönlichkeit internationaler nichtstaatlicher Organisationen

Art der Erklärung : Erklärungen, Kündigungen, Abweichungen
Datum 20/08/2019


Declaration contained in the instrument of ratification, deposited on 26 November 1999 - Or. Fr.

The French Republic notes that the Council of Europe Convention of 24 April 1986 on the Recognition of the Legal Personality of International Non-Governmental Organisations is in several respects, applied differently in the States having already ratified it.

The French Republic recommends, in view of harmonisation, the negotiation of an amendment to this Convention, which would clarify in this respect the margin of interpretation for States Parties to the Convention.

For the time being, and awaiting the harmonisation which it recommends, the French Republic wishes to state that:

1. The following will be assumed to satisfy the conditions for applying the Convention, i.e. to have a "non-profit making aim of international utility" and to carry on "activities with effect in at least two States" (Article 1-a):
- international NGOs having a consultative status with the Council of Europe or with international organisations of the United Nations system, or having observer status in the Council of Europe steering Committees for intergovernmental co-operation;
- private, non-profit-making organisations carrying on activities in at least two countries, and having been recognised as being of international utility under the domestic law of one of the States parties in which they carry on their activities.

As concerning other organisations unable to claim such recognition, France will assess on a case by case basis their private, non-profit-making nature, their international utility, the carrying on of their activities with effect in at least two States and their situation with regard to the criteria laid down in Article 4.

2. Article 2 of the Convention will be interpreted as having no consequences, in particular as concerns fiscal aspects, other than those relating to the recognition of the legal personality and capacity under French law.

3. The Convention shall apply to the entire territory of the French Republic.

4. The organisations governed by French law which may be recognised as beneficiaries of the Convention in another State Party are: associations, associations recognised as being of public utility, associations governed by the local law of Alsace and Moselle, foundations recognised as being of public utility, corporate foundations, trade unions, religious congregations, mutual benefit or insurance societies and co-operatives.
In Kraft: 01/03/2000 -
Artikel betroffen : 1, 2, 4

Quelle : Vertragsbüro auf http://conventions.coe.int - * Disclaimer.