Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment in the United States

Article 33 — Non-member States

1. After the entry into force of this Convention, the Committee of
Ministers of the Council of Europe may, on its own initiative or
following a proposal from the Standing Committee and after consultation
of the Parties, invite any non-member State of the Council of Europe to
accede to this Convention by a decision taken by the majority provided
for in Article 20, sub-paragraph 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 acceding State, 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 34 — Territories

1. Any Signatory 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. Any other State may
formulate the same declaration when depositing its instrument of
accession.

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 and
for whose international relations it is responsible or on whose behalf it
is authorised to give undertakings. 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respect of any territory specified in such declaration, be withdrawn by a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. 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 — Reservations

1. Any Signatory may declare, at the time of signature or when depositing
its instrument of ratification, acceptance or approval, that it reserves
the right:

a to apply Article 3, sub-paragraph a, to damage suffered in the
territory of the States which are not Parties to this Convention
only on the basis of reciprocity;

b to provide in its internal law that, without prejudice to Article
8, the operator shall not be liable if he proves that in the case
of damage caused by a dangerous activity mentioned under Article 2,
paragraph 1, sub-paragraphs a and b, the state of scientific and
technical knowledge at the time of the incident was not such as to
enable the existence of the dangerous properties of the substance
or the significant risk involved in the operation dealing with the
organism to be discovered;

c not to apply Article 18.

Any other State may formulate the same reservations when depositing its
instrument of accession.

2. Any Signatory or any other State which makes use of a reservation
shall notify the Secretary General of the Council of Europe of the
relevant contents of its internal law.

3. Any Party which extends the application of this Convention to a
territory mentioned in the declaration referred to in Article 34,
paragraph 2, may, in respect of the territory concerned, make a
reservation in accordance with the provisions of the preceding
paragraphs.

4. No reservation shall be made to the provisions of this Convention,
except those mentioned in this Article.

5. Any Party which has made one of the reservations mentioned in this
Article may withdraw it by means of a declaration 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 one month after the date of its receipt by the Secretary
General.

Article 36 — 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 notification by the Secretary General.

Article 37 — Notifications

The Secretary General of the Council of Europe shall notify the member
States of the Council, any Signatory, any Party and any other State which
has been invited to accede 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 or 33;

d any amendment adopted in accordance with Articles 29, 30 or 31, and
the date on which such an amendment enters into force;

e any declaration made under the provisions of Articles 18 or 34;

f any reservation and withdrawal of reservation made in pursuance of
the provisions of Article 35;

g 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 , the , in English and 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,to the European Economic Community and to
any State invited to accede to this Convention.