ETS 185 – Cybercrime (Convention), 23.XI.2001
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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 five States, including at least three member
States of the Council of Europe, have expressed their consent to be bound by the Convention
in accordance with the provisions of paragraphs 1 and 2.
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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 its consent to be bound by the
Convention in accordance with the provisions of paragraphs 1 and 2.
Article 37 – Accession to the Convention
1
After the entry into force of this Convention, the Committee of Ministers of the Council of
Europe, after consulting with and obtaining the unanimous consent of the Contracting States
to the Convention, may invite any State which is not a member of the Council and which has
not participated in its elaboration to accede to this Convention. The decision shall be taken by
the majority provided for in Article 20.d. 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 any State acceding to the Convention 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.
Article 38 – 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 State 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 the declaration by the Secretary General.
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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 39 – Effects of the Convention
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The purpose of the present Convention is to supplement applicable multilateral or bilateral
treaties or arrangements as between the Parties, including the provisions of:
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the European Convention on Extradition, opened for signature in Paris, on 13 December
1957 (ETS No. 24);
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the European Convention on Mutual Assistance in Criminal Matters, opened for
signature in Strasbourg, on 20 April 1959 (ETS No. 30);
–
the Additional Protocol to the European Convention on Mutual Assistance in Criminal
Matters, opened for signature in Strasbourg, on 17 March 1978 (ETS No. 99).
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