(ETS no. 39)
Strasbourg, 14.V.1962
Text amended according to the provisions of the Additional Protocol to the European
Agreement on the Exchanges of Blood-Grouping Reagents (ETS No. 111) as from its entry into force, on 1 January 1985.
The signatory governments of the member States of the Council of Europe,
Considering that blood-grouping reagents are not available in unlimited quantities;
Considering that it is most desirable that member countries, in a spirit of European
solidarity, should assist one another in the supply of these blood-grouping reagents,
should the need arise;
Considering that such mutual assistance is only possible if the character and use of such
blood-grouping reagents are subject to rules laid down jointly by the member countries and
if the necessary import facilities and exemptions are granted,
Have agreed as follows:
Article 1
For the purposes of this Agreement, the expression "blood-grouping reagents"
refers to reagents of human, animal and plant and other origin, used for blood-grouping
and for the detection of blood incompatibilities.
Any Contracting Party may, by a declaration addressed to the Secretary General of the
Council of Europe, when signing this Agreement or depositing its instrument of
ratification or approval, or accession, limit the application of this Agreement to
blood-grouping reagents of human origin. This declaration may be withdrawn at any time, by
notification addressed to the Secretary General of the Council of Europe.
Article 2
The Contracting Parties undertake, provided that they have sufficient stocks for their
own needs, to make blood-grouping reagents available to other Parties who are in urgent
need of them and to charge only those costs of collection, processing and carriage of such
substances and the cost (if any) of their purchase.
Article 3
Blood-grouping reagents shall be made available to the other Contracting Parties
subject to the condition that no profit is made on them, that they shall be used solely
for medical purposes and shall be delivered only to bodies designated by the governments
concerned.
Article 4
The Contracting Parties shall certify that the provisions as laid down in the Protocol
to this Agreement have been observed.
They shall also comply with any rules to which they have subscribed with regard to
international standardisation in this field.
All consignments of blood-grouping reagents shall be accompanied by a certificate to the
effect that they were prepared in accordance with the specifications in the Protocol. This
certificate shall be based on the model to be found in the Annex to the Protocol.
The Protocol and its Annex constitute an administrative arrangement and may be amended or
supplemented by the governments of the Parties to this Agreement.
Article 5
The Contracting Parties shall take all necessary measures to exempt from all import
duties the blood-grouping reagents placed at their disposal by the other Parties.
They shall also take all necessary measures to provide for the speedy delivery of these
substances, by the most direct route, to the consignees referred to in Article 3 of this
Agreement.
Article 6
The Contracting Parties shall forward to one another, through the Secretary General of
the Council of Europe, a list of the bodies empowered to issue certificates as provided in
Article 4 of this Agreement.
They shall also forward a list of bodies empowered to distribute imported blood-grouping
reagents. Wherever possible these bodies should be the same as those referred to in
Article 6 of the European Agreement on the Exchange of Therapeutic Substances of Human
Origin.
Article 7
The present Agreement shall be open to the signature of Members of the Council of
Europe, who may become Parties to it either by:
a. signature without reservation in respect of ratification or approval, or
b. signature with reservation in respect of ratification or approval, followed by
ratification or approval.
Instruments of ratification or approval shall be deposited with the Secretary General
of the Council of Europe.
Article 8
The present Agreement shall enter into force one month after the date on which three
Members of the Council shall, in accordance with Article 7, have signed the Agreement
without reservation in respect of ratification or approval or shall have ratified or
approved it.
In the case of any Member of the Council who shall subsequently sign the Agreement without
reservation in respect of ratification or approval or who shall ratify or approve it, the
Agreement shall enter into force one month after the date of such signature or the date of
deposit of the instrument of ratification or approval.
Article 9
After the entry into force of this Agreement, the Committee of Ministers of the Council
of Europe may invite any non-member State to accede to the present Agreement. Such
accession shall take effect one month after the date of deposit of the instrument of
accession with the Secretary General of the Council of Europe.
Article 10
The Secretary General of the Council of Europe shall notify Members of the Council and
acceding States:
a. of the date of entry into force of this Agreement and of the names of any Members who
have signed without reservation in respect of ratification or approval or who have
ratified or approved it;
b. of the deposit of any instrument of accession in accordance with Article 9;
c. of any declaration or notification received in accordance with the provisions of Article
1, paragraph 2;
d. of any notification received in accordance with Article 11 and its effective date;
e. of any amendment of the Protocol and of its Annex under Article 4, paragraph 4.
Article 11
The present Agreement shall remain in force indefinitely.
Any Contracting Party may terminate its own application of the Agreement by giving one
year's notice to that effect to the Secretary General of the Council of Europe.
In witness whereof the undersigned, duly authorised thereto by their respective
Governments, have signed the present Agreement.
Done at Strasbourg, this 14th day of May 1962, in English and French, both texts being
equally authoritative, in a single copy which shall remain deposited in the archives of
the Council of Europe. The Secretary General shall transmit certified copies to each of
the signatory and acceding governments.
Совет Европы. Бюро договоров на
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