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II SÉRIE-A — NÚMERO 139 190

3 To the extent that it is consistent with the public interest, in particular the sound administration of justice, each

Party shall consider the impact of the powers and procedures in these chapters upon the rights, responsibilities and

legitimate interests of third parties.

Article 35 – Territorial application

1 Any State or the European Union may, at the time of signature or when depositing its instrument of ratification,

acceptance or approval, specify the territory or territories to which this Convention shall apply.

2 Each 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 and for whose

international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect of such a

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 the 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declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe.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 36 – Federal clause

1 A federal State may reserve the right to assume obligations under Chapters II, IV, V and VI of this Convention

consistent with its fundamental principles governing the relationship between its central government and constituent

States or other similar territorial entities, provided that it is still able to co-operate under Chapters III and VII.

2 When making a reservation under paragraph 1, a federal State may not apply the terms of such reservation

to exclude or substantially diminish its obligations to provide for the measures set out in Chapters III and VII. Overall,

it shall provide for a broad and effective enforcement capability with respect to those measures.

3 With regard to the provisions of this Convention, the application of which comes under the jurisdiction of each

constituent States or other similar territorial entities that are not obliged by the constitutional system of the federation

to take legislative measures, the federal government shall inform the competent authorities of such States of the

said provisions with its favourable opinion, encouraging them to take appropriate action to give them effect.

Article 37 – Reservations

1 By a written notification addressed to the Secretary General of the Council of Europe, any State or the

European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or

approval, declare that it avails itself of the reservations provided for in Article 19, paragraph 2 and in Article 36,

paragraph 1. No other reservation may be made.

2 A Party that has made a reservation in accordance with paragraph 1 may wholly or partially withdraw it by

means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take

effect on the date of receipt of such notification by the Secretary General. If the notification states that the withdrawal

of a reservation is to take effect on a date specified therein, and such date is later than the date on which the

notification is received by the Secretary General, the withdrawal shall take effect on that later date.

3 A Party that has made a reservation shall withdraw such reservation, in whole or in part, as soon as

circumstances so permit.

4 The Secretary General of the Council of Europe may periodically ask Parties that have made one or more

reservations for details about the prospects of withdrawal of such reservation(s).

Article 38 – Amendments

1 Amendments to articles of this Convention may be proposed by any Party, the Convention Follow-up

Committee or the Committee of Ministers of the Council of Europe.

2 Any proposal for an amendment shall be communicated to the Secretary General of the Council of Europe

and forwarded by him or her to the Parties, the member States of the Council of Europe, non-member States having

participated in the elaboration of this Convention or enjoying observer status with the Council of Europe, the

European Union, any State having been invited to sign this Convention and the Convention Follow-up Committee