Protocol

Each Contracting Party shall have the right to judge by national criteria:

Each Contracting Party shall determine whether the reasons for expulsion are of a ‘particularly serious nature’. In this connection account shall be taken of the behaviour of the individual concerned during his whole period of residence.

A Contracting Party may only restrict the rights of nationals of other Parties for the reasons set forth in this Convention and to the extent compatible with the obligations assumed by the Parties.

Regulations governing the admission, residence and movement of aliens and also their right to engage in gainful occupations shall be unaffected by this Convention in so far as they are not inconsistent with it.

Nationals of a Contracting Party shall be considered as lawfully residing in the territory of another Party if they have conformed to the said regulations.

The concept of ‘ordre public’ is to be understood in the wide sense generally accepted in continental countries. A Contracting Party may, for instance, exclude a national of another Party for political reasons, or if there are grounds for believing that he is unable to pay the expenses of his stay or that he intends to engage in a gainful occupation without the necessary permits.

The Contracting Parties undertake, in the exercise of their established rights, to pay due regard to family ties.

The right of expulsion may be exercised only in individual cases.

The provisions of Articles 10, 11, 12, 13, 14, 15, 16 and 17 of this Convention shall be subject to the conditions governing entry and residence laid down in Articles 1 and 2.

The husband or wife and dependent children of nationals of any Contracting Party lawfully residing in the territory of another Party who have been authorised to accompany or rejoin them shall as far as possible be allowed to take up employment in that territory in accordance with the conditions laid down in this Convention.

The provisions of Article 12 of this Convention shall not apply to nationals of a Contracting Party residing in the territory of another Party in pursuance of special regulations or engaged in a gainful occupation therein in pursuance of special rules or agreements, including such persons as members, or staff not locally recruited, of diplomatic or consular missions; members of the staff of international organisations; student employees, apprentices, students and persons employed for the purpose of completing their vocational training; crews of ships and aircraft.

For the purposes of Article 16 of this Convention, the Contracting Parties shall not, in their municipal legislation or regulations, treat the occupation of commercial traveller as an itinerant trade or form of hawking.

It is understood that Article 16 applies only to commercial travellers acting under the orders of an undertaking situated outside the receiving country and remunerated solely by such undertaking.

Article 17, paragraph 1, of this Convention shall not apply to the special case of student employees in respect of their remuneration.

It is understood that this Convention shall not apply to industrial, literary and artistic property and new vegetable products, as these subjects are reserved for international conventions or other international agreements relating thereto which are already in force or will come into force.

Those Contracting Parties to this Convention which are now or will be bound by the decisions of the Organisation for European Economic Co-operation governing the employment of nationals of its member countries shall, in their mutual relations and in respect of the exercise of wage-earning occupations, apply the provisions of this Convention or of the said decisions, whichever grant the more favourable treatment to wage-earners. In applying the provisions of Articles 2, 10, 11, 12, 13, 14, 15, 16 and 17 of this Convention and judging the economic or social reasons mentioned in Articles 10 and 14, they shall conform to the spirit and the letter of the said decisions in so far as the latter are more favourable to wage-earners than the provisions of this Convention.

This Convention shall, in respect of France, also apply to Algeria and the overseas Departments.

The Federal Republic of Germany may extend the application of this Convention to the Land Berlin by a declaration addressed to the Secretary-General of the Council of Europe who shall notify the other Contracting Parties thereof.