Rządowy projekt ustawy o ratyfikacji Konwencji Rady Europy w sprawie działań przeciwko handlowi ludźmi, sporządzonej w Warszawie dnia 16 maja 2005 r.

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Chapter VII – Monitoring mechanism
Article 36 – Group of experts on action against trafficking in human beings
1
The Group of experts on action against trafficking in human beings (hereinafter referred to
as “GRETA”), shall monitor the implementation of this Convention by the Parties.
2
GRETA shall be composed of a minimum of 10 members and a maximum of 15 members,
taking into account a gender and geographical balance, as well as a multidisciplinary
expertise. They shall be elected by the Committee of the Parties for a term of office of 4
years, renewable once, chosen from amongst nationals of the States Parties to this
Convention.
3
The election of the members of GRETA shall be based on the following principles:
a
they shall be chosen from among persons of high moral character, known for their
recognised competence in the fields of Human Rights, assistance and protection of
victims and of action against trafficking in human beings or having professional
experience in the areas covered by this Convention;
b
they shall sit in their individual capacity and shall be independent and impartial
in the exercise of their functions and shall be available to carry out their duties in an
effective manner;
c
no two members of GRETA may be nationals of the same State;
d
they should represent the main legal systems.
4
The election procedure of the members of GRETA shall be determined by the Committee of
Ministers, after consulting with and obtaining the unanimous consent of the Parties to t h e
Convention, within a period of one year following the entry into force of this Convention.
GRETA shall adopt its own rules of procedure.
Article 37 – Committee of the Parties
1
The Committee of the Parties shall be composed of the representatives on the Committee
of Ministers of the Council of Europe of the member States Parties to the Convention and
representatives of the Parties to the Convention, which are not members of the Council of
Europe.
2
The Committee of the Parties shall be convened by the Secretary General of the Council of
Europe. Its first meeting shall be held within a period of one year following the entry into
force of this Convention in order to elect the members of GRETA. It shall subsequently meet
whenever one-third of the Parties, the President of GRETA or the Secretary General so
requests.
3
The Committee of the Parties shall adopt its own rules of procedure.
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Article 38 – Procedure
1
The evaluation procedure shall concern the Parties to the Convention and be divided in
rounds, the length of which is determined by GRETA. At the beginning of each round
GRETA shall select the specific provisions on which the evaluation procedure shall be
based.
2
GRETA shall define the most appropriate means to carry out this evaluation. GRETA may
in particular adopt a questionnaire for each evaluation round, which may serve as a basis
for the evaluation of the implementation by the Parties of the present Convention. Such a
questionnaire shall be addressed to all Parties. Parties shall respond to this
questionnaire, as well as to any other request of information from GRETA.
3
GRETA may request information from civil society.
4
GRETA may subsidiarily organise, in co-operation with the national authorities and t h e
“contact person” appointed by the latter, and, if necessary, with the assistance of
independent national experts, country visits. During these visits, GRETA may be assisted
by specialists in specific fields.
5
GRETA shall prepare a draft report containing its analysis concerning the implementation
of the provisions on which the evaluation is based, as well as its suggestions and
proposals concerning the way in which the Party concerned may deal with the problems
which have been identified. The draft report shall be transmitted for comments to t h e
Party which undergoes the evaluation. Its comments are taken into account by GRETA
when establishing its report.
6
On this basis, GRETA shall adopt its report and conclusions concerning the measures taken
by the Party concerned to implement the provisions of the present Convention. This report
and conclusions shall be sent to the Party concerned and to the Committee of the Parties.
The report and conclusions of GRETA shall be made public as from their adoption,
together with eventual comments by the Party concerned.
7
Without prejudice to the procedure of paragraphs 1 to 6 of this article, the Committee of
the Parties may adopt, on the basis of the report and conclusions of GRETA,
recommendations addressed to this Party (a) concerning the measures to be taken to
implement the conclusions of GRETA, if necessary setting a date for submitting information
on their implementation, and (b) aiming at promoting co-operation with that Party for
the proper implementation of the present Convention.
Chapter VIII – Relationship with other international instruments
Article 39 –
Relationship with the Protocol to prevent, suppress and punish trafficking
in persons, especially women and children, supplementing the United
Nations Convention against transnational organised crime
This Convention shall not affect the rights and obligations derived from the provisions of
the Protocol to prevent, suppress and punish trafficking in persons, especially women and
children, supplementing the United Nations Convention against transnational organised
crime, and is intended to enhance the protection afforded by it and develop the standards
contained therein.
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Article 40 – Relationship with other international instruments
1
This Convention shall not affect the rights and obligations derived from other
international instruments to which Parties to the present Convention are Parties or shall
become Parties and which contain provisions on matters governed by this Convention and
which ensure greater protection and assistance for victims of trafficking.
2
The Parties to the Convention may conclude bilateral or multilateral agreements with one
another on the matters dealt with in this Convention, for purposes of supplementing or
strengthening its provisions or facilitating the application of the principles embodied in
i t .
3
Parties which are members of the European Union shall, in their mutual relations, apply
Community and European Union rules in so far as there are Community or European Union
rules governing the particular subject concerned and applicable to the specific case,
without prejudice to the object and purpose of the present Convention and without
prejudice to its full application with other Parties.
4
Nothing in this Convention shall affect the rights, obligations and responsibilities of
States and individuals under international law, including international humanitarian
law and international human rights law and, in particular, where applicable, the 1951
Convention and the 1967 Protocol relating to the Status of Refugees and the principle of
non-refoulement as contained therein.
Chapter IX – Amendments to the Convention
Article 41 – Amendments
1
Any proposal for an amendment to this Convention presented by a Party shall be
communicated to the Secretary General of the Council of Europe and forwarded by him or
her to the member States of the Council of Europe, any signatory, any State Party, t h e
European Community, to any State invited to sign this Convention in accordance with t h e
provisions of Article 42 and to any State invited to accede to this Convention in accordance
with the provisions of Article 43.
2
Any amendment proposed by a Party shall be communicated to GRETA, which shall
submit to the Committee of Ministers its opinion on that proposed amendment.
3
The Committee of Ministers shall consider the proposed amendment and the opinion
submitted by GRETA and, following consultation of the Parties to this Convention and
after obtaining their unanimous consent, may adopt the amendment.
4
The text of any amendment adopted by the Committee of Ministers in accordance with
paragraph 3 of this article shall be forwarded to the Parties for acceptance.
5
Any amendment adopted in accordance with paragraph 3 of this article shall enter into
force on the first day of the month following the expiration of a period of one month after
the date on which all Parties have informed the Secretary General that they have
accepted it.
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Chapter X – Final clauses
Article 42 – Signature and entry into force
1
This Convention shall be open for signature by the member States of the Council of Europe,
the non member States which have participated in its elaboration and the European
Community.
2
This Convention is subject to ratification, acceptance or approval. Instruments of
ratification, acceptance or approval shall be deposited with the Secretary General of t h e
Council of Europe.
3
This Convention shall enter into force on the first day of the month following t h e
expiration of a period of three months after the date on which 10 Signatories, including a t
least 8 member States of the Council of Europe, have expressed their consent to be bound by
the Convention in accordance with the provisions of the preceding paragraph.
4
In respect of any State mentioned in paragraph 1 or the European Community, 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 t h e
date of the deposit of its instrument of ratification, acceptance or approval.
Article 43 – Accession to the Convention
1
After the entry into force of this Convention, the Committee of Ministers of the Council of
Europe may, after consultation of the Parties to this Convention and obtaining their
unanimous consent, invite any non-member State of the Council of Europe, which has not
participated in the elaboration of the Convention, to accede to this Convention by a
decision taken by the majority provided for in Article 20 d. of the Statute of the Council of
Europe, and by 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 44 – Territorial application
1
Any State or the European Community 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 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, t h e
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.