Convention
on the Recognition of Qualifications concerning Higher Education
in the European Region
Adopted
at Lisbon, 11 April 1997 (European Treaty Series No. 165)
Outline
of Convention
Convention
on the Recognition of Qualifications concerning Higher Education
in the European Region
(Adopted
in Lisbon on 11 April 1997)
PREAMBLE
The
Parties to this Convention,
Conscious of the fact that the right to education is a human
right, and that higher education, which is instrumental in
the pursuit and advancement of knowledge, constitutes an exceptionally
rich cultural and scientific asset for both individuals and
society;
Considering
that higher education should play a vital role in promoting
peace, mutual understanding and tolerance, and in creating
mutual confidence among peoples and nations;
Considering
that the great diversity of education systems in the European
region reflects its cultural, social, political, philosophical,
religious and economic diversity, an exceptional asset which
should be fully respected;
Desiring
to enable all people of the region to benefit fully from this
rich asset of diversity by facilitating access by the inhabitants
of each State and by the students of each Party's educational
institutions to the educational resources of the other Parties,
more specifically by facilitating their efforts to continue
their education or to complete a period of studies in higher
education institutions in those other Parties;
Considering
that the recognition of studies, certificates, diplomas and
degrees obtained in another country of the European region
represents an important measure for promoting academic mobility
between the Parties;
Attaching
great importance to the principle of institutional autonomy,
and conscious of the need to uphold and protect this principle;
Convinced
that a fair recognition of qualifications is a key element
of the right to education and a responsibility of society;
Having
regard to the Council of Europe and Unesco Conventions covering
academic recognition in Europe:
European Convention on the Equivalence of Diplomas leading
to Admission to Universities (1953, ETS No. 15), and its Protocol
(1964, ETS No. 49); European Convention on the Equivalence
of Periods of University Study (1956, ETS No. 21); European
Convention on the Academic Recognition of University Qualifications
(1959, ETS No. 32); Convention on the Recognition of Studies,
Diplomas and Degrees concerning Higher Education in the States
belonging to the Europe Region (1979); European Convention
on the General Equivalence of Periods of University Study
(1990, ETS No. 138);
Having
regard also to the International Convention on the Recognition
of Studies, Diplomas and Degrees in Higher Education in the
Arab and European States bordering on the Mediterranean (1976),
adopted within the framework of Unesco and partially covering
academic recognition in Europe;
Mindful
that this Convention should also be considered in the context
of the Unesco conventions and the international recommendation
covering other Regions of the world, and of the need for an
improved exchange of information between these Regions;
Conscious
of the wide ranging changes in higher education in the European
region since these conventions were adopted, resulting in
considerably increased diversification within and between
national higher education systems, and of the need to adapt
the legal instruments and practice to reflect these developments;
Conscious
of the need to find common solutions to practical recognition
problems in the European region;
Conscious
of the need to improve current recognition practice and to
make it more transparent and better adapted to the current
situation of higher education in the European region;
Confident of the positive significance of a convention elaborated
and adopted under the joint auspices of the Council of Europe
and Unesco providing a framework for the further development
of recognition practices in the European region;
Conscious
of the importance of providing permanent implementation mechanisms
in order to put the principles and provisions of the current
Convention into practice,
Have
agreed as follows:
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SECTION
I - DEFINITIONS
Article
I
For the purposes of this Convention, the following terms shall
have the following meaning:
Access (to higher education)
The right of qualified candidates to apply and to be considered
for admission to higher education.
Admission
(to higher education institutions and programmes)
The act of, or system for, allowing qualified applicants to
pursue studies in higher education at a given institution
and/or a given programme.
Assessment
(of institutions or programmes)
The process for establishing the educational quality of a
higher education institution or programme.
Assessment (of individual qualifications)
The
written appraisal or evaluation of an individual's foreign
qualifications by a competent body.
Competent recognition authority
A
body officially charged with making binding decisions on the
recognition of foreign qualifications.
Higher education
All
types of courses of study, or sets of courses of study, training
or training for research at the post secondary level which
are recognised by the relevant authorities of a Party as belonging
to its higher education system.
Higher
education institution
An establishment providing higher education and recognised
by the competent authority of a Party as belonging to its
system of higher education.
Higher
education programme
A course of study recognised by the competent authority of
a Party as belonging to its system of higher education, and
the completion of which provides the student with a higher
education qualification.
Period
of study
Any component of a higher education programme which has been
evaluated and documented and, while not a complete programme
of study in itself, represents a significant acquisition of
knowledge or skill.
Qualification
A. Higher education qualification
Any degree, diploma or other certificate issued by a competent
authority attesting the successful completion of a higher
education programme.
B.
Qualification giving access to higher education
Any diploma or other certificate issued by a competent authority
attesting the successful completion of an education programme
and giving the holder of the qualification the right to be
considered for admission to higher education (cf. the definition
of access).
Recognition
A formal acknowledgment by a competent authority of the value
of a foreign educational qualification with a view to access
to educational and/or employment activities.
Requirements
A. General requirements
Conditions that must in all cases be fulfilled for access
to higher education, or to a given level thereof, or for the
award of a higher education qualification at a given level.
B.
Specific requirements
Conditions that must be fulfilled, in addition to the general
requirements, in order to gain admission to a particular higher
education programme, or for the award of a specific higher
education qualification in a particular field of study.
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SECTION
II - THE COMPETENCIES OF AUTHORITIES
Article II.1
Where central authorities of a Party are competent to make
decisions in recognition cases, that Party shall be immediately
bound by the provisions of this Convention and shall take
the necessary measures to ensure the implementation of its
provisions on its territory.
Where the competence to make decisions in recognition matters
lies with components of the Party, the Party shall furnish
one of the depositories with a brief statement of its constitutional
situation or structure at the time of signature or when depositing
its instrument of ratification, acceptance, approval or accession,
or any time thereafter. In such cases, the competent authorities
of the components of the Parties so designated shall take
the necessary measures to ensure implementation of the provisions
of this Convention on their territory.
Where
the competence to make decisions in recognition matters lies
with individual higher education institutions or other entities,
each Party according to its constitutional situation or structure
shall transmit the text of this Convention to these institutions
or entities and shall take all possible steps to encourage
the favourable consideration and application of its provisions.
The
provisions of paragraphs 1 and 2 of this article shall apply,
mutatis mutandis, to the obligations of the Parties under
subsequent articles of this Convention.
Article
II.2
At the time of signature or when depositing its instrument
of ratification, acceptance, approval or accession, or at
any time thereafter, each State, the Holy See or the European
Community shall inform either depository of the present Convention
of the authorities which are competent to make different categories
of decisions in recognition cases.
Article
II.3
Nothing in this Convention shall be deemed to derogate from
any more favourable provisions concerning the recognition
of qualifications issued in one of the Parties contained in
or stemming from an existing or a future treaty to which a
Party to this Convention may be or may become a party.
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SECTION
III - BASIC PRINCIPLES RELATED TO THE ASSESSMENT OF QUALIFICATIONS
Article III.1
Holders of qualifications issued in one of the Parties shall
have adequate access, upon request to the appropriate body,
to an assessment of these qualifications.
No discrimination shall be made in this respect on any ground
such as the applicant's gender, race, colour, disability,
language, religion, political or other opinion, national,
ethnic or social origin, association with a national minority,
property, birth or other status, or on the grounds of any
other circumstance not related to the merits of the qualification
for which recognition is sought. In order to assure this right,
each Party undertakes to make appropriate arrangements for
the assessment of an application for recognition of qualifications
solely on the basis of the knowledge and skills achieved.
Article
III.2
Each Party shall ensure that the procedures and criteria used
in the assessment and recognition of qualifications are transparent,
coherent and reliable.
Article
III.3
Decisions on recognition shall be made on the basis of appropriate
information on the qualifications for which recognition is
sought.
In
the first instance, the responsibility for providing adequate
information rests with the applicant, who shall provide such
information in good faith.
Notwithstanding
the responsibility of the applicant, the institutions having
issued the qualifications in question shall have a duty to
provide, upon request of the applicant and within reasonable
limits, relevant information to the holder of the qualification,
to the institution, or to the competent authorities of the
country in which recognition is sought.
The
Parties shall instruct or encourage, as appropriate, all education
institutions belonging to their education systems to comply
with any reasonable request for information for the purpose
of assessing qualifications earned at the said institutions.
The
responsibility to demonstrate that an application does not
fulfill the relevant requirements lies with the body undertaking
the assessment.
Article
III.4
Each Party shall ensure, in order to facilitate the recognition
of qualifications, that adequate and clear information on
its education system is provided.
Article
III.5
Decisions on recognition shall be made within a reasonable
time limit specified beforehand by the competent recognition
authority and calculated from the time all necessary information
in the case has been provided. If recognition is withheld,
the reasons for the refusal to grant recognition shall be
stated, and information shall be given concerning possible
measures the applicant may take in order to obtain recognition
at a later stage. If recognition is withheld, or if no decision
is taken, the applicant shall be able to make an appeal within
a reasonable time limit.
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SECTION IV - RECOGNITION OF QUALIFICATIONS
GIVING ACCESS TO HIGHER EDUCATION
Article IV.1
Each Party shall recognise the qualifications issued by other
Parties meeting the general requirements for access to higher
education in those Parties for the purpose of access to programmes
belonging to its higher education system, unless a substantial
difference can be shown between the general requirements for
access in the Party in which the qualification was obtained
and in the Party in which recognition of the qualification
is sought.
Article
IV.2
Alternatively, it shall be sufficient for a Party to enable
the holder of a qualification issued in one of the other Parties
to obtain an assessment of that qualification, upon request
by the holder, and the provisions of Article IV.1 shall apply
mutatis mutandis to such a case.
Article
IV.3
Where a qualification gives access only to specific types
of institutions or programmes of higher education in the Party
in which the qualification was obtained, each other Party
shall grant holders of such qualifications access to similar
specific programmes in institutions belonging to its higher
education system, unless a substantial difference can be demonstrated
between the requirements for access in the Party in which
the qualification was obtained and the Party in which recognition
of the qualification is sought.
Article
IV.4
Where admission to particular higher education programmes
is dependent on the fulfillment of specific requirements in
addition to the general requirements for access, the competent
authorities of the Party concerned may impose the additional
requirements equally on holders of qualifications obtained
in the other Parties or assess whether applicants with qualifications
obtained in other Parties fulfill equivalent requirements.
Article
IV.5
Where, in the Party in which they have been obtained, school
leaving certificates give access to higher education only
in combination with additional qualifying examinations as
a prerequisite for access, the other Parties may make access
conditional on these requirements or offer an alternative
for satisfying such additional requirements within their own
educational systems. Any State, the Holy See or the European
Community may, at the time of signature or when depositing
its instrument of ratification, acceptance, approval or accession,
or at any time thereafter, notify one of the depositories
that it avails itself of the provisions of this Article, specifying
the Parties in regard to which it intends to apply this Article
as well as the reasons therefore.
Article
IV.6
Without prejudice to the provisions of Articles IV.1, IV.2,
IV.3, IV.4 and IV.5, admission to a given higher education
institution, or to a given programme within such an institution,
may be restricted or selective. In cases in which admission
to a higher education institution and/or programme is selective,
admission procedures should be designed with a view to ensuring
that the assessment of foreign qualifications is carried out
according to the principles of fairness and non-discrimination
described in Section III.
Article IV.7
Without prejudice to the provisions of Articles IV.1, IV.2,
IV.3, IV.4 and IV.5, admission to a given higher education
institution may be made conditional on demonstration by the
applicant of sufficient competence in the language or languages
of instruction of the institution concerned, or in other specified
languages.
Article
IV.8
In the Parties in which access to higher education may be
obtained on the basis of non-traditional qualifications, similar
qualifications obtained in other Parties shall be assessed
in a similar manner as nontraditional qualifications earned
in the Party in which recognition is sought.
Article
IV.9
For the purpose of admission to programmes of higher education,
each Party may make the recognition of qualifications issued
by foreign educational institutions operating in its territory
contingent upon specific requirements of national legislation
or specific agreements concluded with the Party of origin
of such institutions.
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SECTION V - RECOGNITION OF PERIODS OF STUDY
Article V.1
Each Party shall recognise periods of study completed within
the framework of a higher education programme in another Party.
This recognition shall comprise such periods of study towards
the completion of a higher education programme in the Party
in which recognition is sought, unless substantial differences
can be shown between the periods of study completed in another
Party and the part of the higher education programme which
they would replace in the Party in which recognition is sought.
Article
V.2
Alternatively, it shall be sufficient for a Party to enable
a person who has completed a period of study within the framework
of a higher education programme in another Party to obtain
an assessment of that period of study, upon request by the
person concerned, and the provisions of Article V.1 shall
apply mutatis mutandis to such a case.
Article
V.3
In particular, each Party shall facilitate recognition of
periods of study when:
there has been a previous agreement between, on the one hand,
the higher education institution or the competent authority
responsible for the relevant period of study and, on the other
hand, the higher education institution or the competent recognition
authority responsible for the recognition that is sought;
and the higher education institution in which the period of
study has been completed has issued a certificate or transcript
of academic records attesting that the student has successfully
completed the stipulated requirements for the said period
of study.
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SECTION VI - RECOGNITION OF HIGHER EDUCATION
QUALIFICATIONS
Article VI.1
To the extent that a recognition decision is based on the
knowledge and skills certified by the higher education qualification,
each Party shall recognise the higher education qualifications
conferred in another Party, unless a substantial difference
can be shown between the qualification for which recognition
is sought and the corresponding qualification in the Party
in which recognition is sought.
Article
VI.2
Alternatively, it shall be sufficient for a Party to enable
the holder of a higher education qualification issued in one
of the other Parties to obtain an assessment of that qualification,
upon request by the holder, and the provisions of Article
VI.1 shall apply mutatis mutandis to such a case.
Article
VI.3
Recognition in a Party of a higher education qualification
issued in another Party shall have one or both of the following
consequences:
access to further higher education studies, including relevant
examinations, and/or to preparations for the doctorate, on
the same conditions as those applicable to holders of qualifications
of the Party in which recognition is sought; the use of an
academic title, subject to the laws and regulations of the
Party or a jurisdiction thereof, in which recognition is sought.
In
addition, recognition may facilitate access to the labour
market subject to laws and regulations of the Party, or a
jurisdiction thereof, in which recognition is sought.
Article
VI.4
An assessment in a Party of a higher education qualification
issued in another Party may take the form of:
advice for general employment purposes;
advice to an educational institution for the purpose of admission
into its programmes;
advice to any other competent recognition authority.
Article
VI.5
Each Party may make the recognition of higher education qualifications
issued by foreign educational institutions operating in its
territory contingent upon specific requirements of national
legislation or specific agreements concluded with the Party
of origin of such institutions.
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SECTION VII - RECOGNITION OF QUALIFICATIONS
HELD BY REFUGEES, DISPLACED PERSONS AND PERSONS IN A REFUGEE
- LIKE SITUATION
Article
VII
Each Party shall take all feasible and reasonable steps within
the framework of its education system and in conformity with
its constitutional, legal, and regulatory provisions to develop
procedures designed to assess fairly and expeditiously whether
refugees, displaced persons and persons in a refugee-like
situation fulfill the relevant requirements for access to
higher education, to further higher education programmes or
to employment activities, even in cases in which the qualifications
obtained in one of the Parties cannot be proven through documentary
evidence.
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SECTION
VIII- INFORMATION ON THE ASSESSMENT OF HIGHER EDUCATION INSTITUTIONS
AND PROGRAMMES
Article
VIII.1
Each Party shall provide adequate information on any institution
belonging to its higher education system, and on any programme
operated by these institutions, with a view to enabling the
competent authorities of other Parties to ascertain whether
the quality of the qualifications issued by these institutions
justifies recognition in the Party in which recognition is
sought. Such information shall take the following form:
in
the case of Parties having established a system of formal
assessment of higher education institutions and programmes:
information on the methods and results of this assessment,
and of the standards of quality specific to each type of higher
education institution granting, and to programmes leading
to, higher education qualifications;
in
the case of Parties which have not established a system of
formal assessment of higher education institutions and programmes:
information on the recognition of the various qualifications
obtained at any higher education institution, or within any
higher education programme, belonging to their higher education
systems.
Article
VIII.2
Each Party shall make adequate provisions for the development,
maintenance and provision of:
an overview of the different types of higher education institutions
belonging to its higher education system, with the typical
characteristics of each type of institution;
a list of recognised institutions (public and private) belonging
to its higher education system, indicating their powers to
award different types of qualifications and the requirements
for gaining access to each type of institution and programme;
a
description of higher education programmes;
a list of educational institutions located outside its territory
which the Party considers as belonging to its education system.
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SECTION
IX - INFORMATION ON RECOGNITION MATTERS
Article IX.1
In order to facilitate the recognition of qualifications concerning
higher education, the Parties undertake to establish transparent
systems for the complete description of the qualifications
obtained.
Article
IX.2
Acknowledging the need for relevant, accurate and up-to-date
information, each Party shall establish or maintain a national
information centre and shall notify one of the depositories
of its establishment, or of any changes affecting it.
In
each Party, the national information centre shall:
facilitate access to authoritative and accurate information
on the higher education system and qualifications of the country
in which it is located; facilitate access to information on
the higher education systems and qualifications of the other
Parties; give advice or information on recognition matters
and assessment of qualifications, in accordance with national
laws and regulations.
3
Every national information centre shall have at its disposal
the necessary means to enable it to fulfill its functions.
Article
IX.3
The Parties shall promote, through the national information
centres or otherwise, the use of the Unesco/Council of Europe
Diploma Supplement or any other comparable document by the
higher education institutions of the Parties.
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SECTION
X - IMPLEMENTATION MECHANISMS
Article X.1
The following bodies shall oversee, promote and facilitate
the implementation of the Convention:
the Committee of the Convention on the Recognition of Qualifications
concerning Higher Education in the European Region; the European
Network of National Information Centres on academic mobility
and recognition (the ENIC Network), established by decision
of the Committee of Ministers of the Council of Europe on
9 June 1994 and the Unesco Regional Committee for Europe on
18 June 1994.
Article
X.2
The Committee of the Convention on the Recognition of Qualifications
concerning Higher Education in the European Region (hereafter
referred to as "the Committee") is hereby established.
It shall be composed of one representative of each Party.
For the purposes of Article X.2, the term "Party"
shall not apply to the European Community.
The States mentioned in Article XI.1.1 and the Holy See, if
they are not Parties to this Convention, the European Community
and the President of the ENIC Network may participate in the
meetings of the Committee as observers. Representatives of
governmental and non-governmental organisations active in
the field of recognition in the Region may also be invited
to attend meetings of the Committee as observers.
The
President of the Unesco Regional Committee for the Application
of the Convention on the Recognition of Studies, Diplomas
and Degrees concerning Higher Education in the States belonging
to the Europe Region shall also be invited to participate
in the meetings of the Committee as an observer.
The
Committee shall promote the application of this Convention
and shall oversee its implementation. To this end it may adopt,
by a majority of the Parties, recommendations, declarations,
protocols and models of good practice to guide the competent
authorities of the Parties in their implementation of the
Convention and in their consideration of applications for
the recognition of higher education qualifications. While
they shall not be bound by such texts, the Parties shall use
their best endeavours to apply them, to bring the texts to
the attention of the competent authorities and to encourage
their application. The Committee shall seek the opinion of
the ENIC Network before making its decisions.
The
Committee shall report to the relevant bodies of the Council
of Europe and Unesco.
The
Committee shall maintain links to the Unesco Regional Committees
for the Application of Conventions on the Recognition of Studies,
Diplomas and Degrees in Higher Education adopted under the
auspices of Unesco.
A
majority of the Parties shall constitute a quorum.
The Committee shall adopt its Rules of Procedure. It shall
meet in ordinary session at least every three years. The Committee
shall meet for the first time within a year of the entry into
force of this Convention.
The
Secretariat of the Committee shall be entrusted jointly to
the Secretary General of the Council of Europe and to the
Director-General of Unesco.
Article
X.3
Each Party shall appoint as a member of the European Network
of National Information Centres on academic mobility and recognition
(the ENIC Network) the national information centre established
or maintained under Article IX.2. In cases in which more than
one national information centre is established or maintained
in a Party under Article IX.2, all these shall be members
of the Network, but the national information centres concerned
shall dispose of only one vote.
The ENIC Network shall, in its composition restricted to national
information centres of the Parties to this Convention, uphold
and assist the practical implementation of the Convention
by the competent national authorities. The Network shall meet
at least once a year in plenary session. It shall elect its
President and Bureau in accordance with its terms of reference.
The Secretariat of the ENIC Network shall be entrusted jointly
to the Secretary General of the Council of Europe and to the
Director-General of Unesco.
The Parties shall co-operate, through the ENIC Network, with
the national information centres of other Parties, especially
by enabling them to collect all information of use to the
national information centres in their activities relating
to academic recognition and mobility.
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SECTION
XI - FINAL CLAUSES
Article
XI.1
This Convention shall be open for signature by:
the
member states of the Council of Europe; the member states
of the Unesco Europe Region; any other signatory, contracting
state or party to the European Cultural Convention of the
Council of Europe and/or to the Unesco Convention on the Recognition
of Studies, Diplomas and Degrees concerning Higher Education
in the States belonging to the Europe Region, which have been
invited to the diplomatic conference entrusted with the adoption
of this Convention.
These states and the Holy See may express their consent to
be bound by: signature without reservation as to ratification,
acceptance or approval; or signature, subject to ratification,
acceptance or approval, followed by ratification, acceptance
or approval; or accession.
Signatures
shall be made with one of the depositories. Instruments of
ratification, acceptance, approval or accession shall be deposited
with one of the depositories.
Article
XI.2
This Convention shall enter into force on the first day of
the month following the expiration of the period of one month
after five states, including at least three member states
of the Council of Europe and/or the Unesco Europe Region,
have expressed their consent to be bound by the Convention.
It shall enter into force for each other State on the first
day of the month following the expiration of the period of
one month after the date of expression of its consent to be
bound by the Convention.
Article
XI.3
After the entry into force of this Convention, any state other
than those falling into one of the categories listed under
Article XI.1 may request accession to this Convention. Any
request to this effect shall be addressed to one of the depositories,
who shall transmit it to the Parties at least three months
before the meeting of the Committee of the Convention on the
Recognition of Qualifications concerning Higher Education
in the European Region. The depository shall also inform the
Committee of Ministers of the Council of Europe and the Executive
Board of Unesco.
The
decision to invite a State which so requests to accede to
this Convention shall be taken by a two-thirds majority of
the Parties.
After
the entry into force of this Convention the European Community
may accede to it following a request by its member states,
which shall be addressed to one of the depositories. In this
case, Article XI.3.2 shall not apply.
In
respect of any acceding states or the European Community,
the Convention shall enter into force on the first day of
the month following the expiration of the period of one month
after the deposit of the instrument of accession with one
of the depositories.
Article
XI.4
Parties to this Convention which are at the same time parties
to one or more of the following conventions:
European Convention on the Equivalence of Diplomas leading
to Admission to Universities (1953, ETS No. 15), and its Protocol
(1964, ETS No. 49); European Convention on the Equivalence
of Periods of University Study (1956, ETS No. 21); European
Convention on the Academic Recognition of University Qualifications
(1959, ETS No. 32); International Convention on the Recognition
of Studies, Diplomas and Degrees in Higher Education in the
Arab and European States bordering on the Mediterranean (1976);
Convention on the Recognition of Studies, Diplomas and Degrees
concerning Higher Education in the States belonging to the
Europe Region (1979); European Convention on the General Equivalence
of Periods of University Study (1990, ETS No. 138), shall
apply the provisions of the present Convention in their mutual
relations; shall continue to apply the above mentioned conventions
to which they are a party in their relations with other States
party to those conventions but not to the present Convention.
The
Parties to this Convention undertake to abstain from becoming
a party to any of the conventions mentioned in paragraph 1,
to which they are not already a party, with the exception
of the International Convention on the Recognition of Studies,
Diplomas and Degrees in Higher Education in the Arab and European
States bordering on the Mediterranean.
Article
XI.5
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.
Any State may, at any later date, by a declaration addressed
to one of the depositories, 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 one month after the date of receipt of such
declaration by the depository.
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 one of the depositories.
The withdrawal shall become effective on the first day of
the month following the expiration of a period of one month
after the date of receipt of such notification by the depository.
Article
XI.6
Any Party may, at any time, denounce this Convention by means
of a notification addressed to one of the depositories.
Such
denunciation shall become effective on the first day of the
month following the expiration of a period of twelve months
after the date of receipt of the notification by the depository.
However, such denunciation shall not affect recognition decisions
taken previously under the provisions of this Convention.
Termination
or suspension of the operation of this Convention as a consequence
of a violation by a Party of a provision essential to the
accomplishment of the object or purpose of this Convention
shall be addressed in accordance with international law.
Article
XI.7
Any State, the Holy See or the European Community may, at
the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession, declare that
it reserves the right not to apply, in whole or in part, one
or more of the following Articles of this Convention:Article
IV.8,Article
V.3,Article
VI.3,Article
VIII.2,Article
IX.3.
No
other reservation may be made.
Any Party which has made a reservation under the preceding
paragraph may wholly or partly withdraw it by means of a notification
addressed to one of the depositories. The withdrawal shall
take effect on the date of receipt of such notification by
the depository.
A
Party which has made a reservation in respect of a provision
of this Convention may not claim the application of that provision
by any other Party; it may, however, if its reservation is
partial or conditional, claim the application of that provision
in so far as it has itself accepted it.
Article
XI.8
Draft amendments to this Convention may be adopted by the
Committee of the Convention on the Recognition of Qualifications
concerning Higher Education in the European Region by a two-thirds
majority of the Parties. Any draft amendment so adopted shall
be incorporated into a Protocol to this Convention. The Protocol
shall specify the modalities for its entry into force which,
in any event, shall require the expression of consent by the
Parties to be bound by it.
No
amendment may be made to Section III of this Convention under
the procedure of paragraph 1 above.
Any
proposal for amendments shall be communicated to one of the
depositories, who shall transmit it to the Parties at least
three months before the meeting of the Committee. The depository
shall also inform the Committee of Ministers of the Council
of Europe and the Executive Board of Unesco.
Article
XI.9
The Secretary General of the Council of Europe and the Director-
General of the United Nations Educational, Scientific and
Cultural Organisation shall be the depositories of this Convention.
The depository with whom an act, notification or communication
has been deposited shall notify the Parties to this Convention,
as well as the other member States of the Council of Europe
and/or of the Unesco Europe Region of:
any
signature;
the deposit of any instrument of ratification, acceptance,
approval or accession;
any date of entry into force of this Convention in accordance
with the provisions of Articles XI.2 and XI.3.4;
any reservation made in pursuance of the provisions of Article
XI.7 and the withdrawal of any reservations made in pursuance
of the provisions of Article XI.7;
any denunciation of this Convention in pursuance of Article
XI.6;
any declarations made in accordance with the provisions of
Article II.1, or of Article II.2;
any declarations made in accordance with the provisions of
Article IV.5;
any request for accession made in accordance with the provisions
of Article XI.3;
any proposal made in accordance with the provisions of Article
XI.8;
any other act, notification or communication relating to this
Convention.
The
depository receiving a communication or making a notification
in pursuance of the provisions of this Convention shall immediately
inform the other depository thereof.
In witness thereof the undersigned representatives, being
duly authorised, have signed this Convention.
Done
at Lisbon on 11 April 1997, in the English, French, Russian
and Spanish languages, the four texts being equally authoritative,
in two copies, one of which shall be deposited in the archives
of the Council of Europe and the other in the archives of
the United Nations Educational, Scientific and Cultural Organisation.
A certified copy shall be sent to all the States referred
to in Article XI.1, to the Holy See and to the European Community
and to the Secretariat of the United Nations.
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