RAPPORTEUR GROUP

Legal co-operation

GR-J(2024)6

9 February 2024[1]

Convention on Cybercrime (ETS No. 185) – Request by Tunisia for an extension of thirty days to the term for accession   Item to be considered by the GR-J by written procedure

 

 

1.         At their 1306^th meeting on 7 February 2018, the Ministers' Deputies decided to invite Tunisia to accede to the Convention on Cybercrime (ETS No. 185).

2.         In conformity with this decision and following the decisions of the Ministers’ Deputies of 10 April 2013 (1168^th meeting) on the review of Council of Europe conventions, this invitation was valid five years as from its adoption, i.e., until 8 February 2023 (see Appendix 1).

3.       By a letter dated 29 December 2022, received and registered at the Secretariat General on 3 January 2023, H.E. Mr Othman JERANDI, Tunisian Minister of Foreign Affairs, Migration and Tunisians Abroad, requested an extension of the term for accession of Tunisia to the Convention on Cybercrime (ETS No. 185), until 7 February 2024, in order to have time to complete the necessary internal processes (see Appendix 2).

4.    At their 1456^th meeting on 8 February 2023, the Ministers’ Deputies decided to extend the invitation addressed to Tunisia to accede to this Convention until 7 February 2024 (see Appendix 3).

5.       By a Note verbale dated 7 February 2024, received and registered at the Secretariat General on 7 February 2024, the Ministry of Foreign Affairs, Migration and Tunisians Abroad requested an extension of thirty days to the term for accession of Tunisia to the Convention on Cybercrime (ETS No. 185) in order to have the necessary time to prepare the instrument of ratification, the national organic law of ratification having been adopted and published on 6 February 2024 (see Appendix 4).

6.       Given the above, the Deputies may wish to extend the term for accession of Tunisia to the Convention on Cybercrime until 8 March 2024.

Appendix 1

1306^th meeting – 7 February 2018

Item 10.8

Convention on Cybercrime (ETS No. 185)

Request by Tunisia to be invited to accede
(GR-J(2018)2)

Decisions

The Deputies

1.         took note of and agreed to the request of Tunisia to be invited to accede to the Convention on Cybercrime (ETS No. 185);

2.         agreed, in accordance with their decisions of 10 April 2013 on the review of Council of Europe conventions, that the decision to invite Tunisia to accede to the Convention on Cybercrime (ETS No. 185) is valid five years as from its adoption.

Appendix 2

UNOFFICIAL TRANSLATION (*)

Republic of Tunisia

Ministry of Foreign Affairs,

Migration and Tunisians Abroad

The Minister

Tunis, 29 December 2022

Madam Secretary General,

       I have the honor to address you regarding Tunisia's accession to the Convention on Cybercrime (ETS No. 185).

       On 13 February 2018, the Ministry of Foreign Affairs of the Republic of Tunisia was informed of the decision of the Committee of Ministers of the Council of Europe, taken during the 1306th meeting of the Ministers' Deputies, held on 7 February 2018, to invite Tunisia to participate in this instrument. From the start, the Tunisian Government launched the internal procedures to formally achieve accession to this Convention within the five-year period granted for the finalization of this process, namely until as of 7 February 2023.

       However, an additional period of one year is necessary to finalize the internal process required in order to complete the procedures for accession to this Convention.

       Considering the above, and reaffirming, by this letter, the interest of the Republic of Tunisia to become a State Party to Convention ETS No. 185, I would be grateful if you would consider an extension of the deadline for the accession of Tunisia to Convention ETS No. 185 until 7 February 2024.

       Please accept, Madam Secretary General, the expression of my highest consideration.

(signature)

Othman JERANDI

Her Excellency Ms Marija Pejčinović Burić

Secretary General of the Council of Europe

(*)         Letter registered at the Secretariat General on 3 January 2023 – Or. Fr.

Appendix 3

1456^th meeting – 8-9 February 2023

Item 10.6

Request by Tunisia for an extension for the term of accession to the Convention on Cybercrime (ETS No. 185) and to the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197), and for the term of signature of the Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health (CETS No. 211)
(GR-J(2023)6)

Decisions

The Deputies took note of and agreed to the request of Tunisia to extend, until 7 February 2024, the term for accession of Tunisia to the Convention on Cybercrime (ETS No. 185) and to the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197), and the term of signature by Tunisia of the Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health (CETS No. 211).

Appendix 4

UNOFFICIAL TRANSLATION (*)

Republic of Tunisia

Ministry of Foreign Affairs,

Migration and Tunisians Abroad

            -----

Directorate General of the Relations with

the European Union, the European Organisations

and the Euro-Mediterranean Co-operation

The Ministry of Foreign Affairs, Migration and Tunisians Abroad of the Republic of Tunisia presents its compliments to the Office of the Council of Europe in Tunisia and, referring to the decision of the Committee of Ministers of the Council of Europe during the 1306th meeting of the Ministers' Deputies held on 07 February 2018 to invite Tunisia to accede to the Convention on Cybercrime (ETS No. 185), as well as its agreement during its 1456th meeting held on 08 February 2023 to the extension, until 07 February 2024, of the accession deadline initially scheduled for 08 February 2023, has the honor to notify that Tunisia, by organic law n° 09/2024 of 06 February 2024 published in the Official Journal of the Tunisian Republic No. 20 of 06 February 2024, has completed all internal procedures relating to the adoption of the organic law approving the accession of the Tunisian Republic to the Council of Europe Convention on Cybercrime adopted in Budapest on 23 November 2001.

The Tunisian Republic will not make any of the reservations provided for in Article 42 of the Convention and will deposit, during the ceremony of depositing the instrument of ratification of the Convention, by Note Verbale emanating from the Ministry, the declarations provided for by Article 24 (Competent authority for extradition), Article 27 (Competent authority for mutual assistance) and Article 35 (24/7 Network contact point) of the Convention, successively.

In accordance with the provisions of Article 35 of the Convention (24/7 Network), the Tunisian Republic, by decree n° 99 of 06 February 2024 published in the Official Journal of the Tunisian Republic n° 20 of 06 February 2024, has accomplished all internal procedures relating to the designation of a point of contact available 24 hours a day, seven days a week, to ensure immediate assistance in the investigation of criminal offences relating to systems and computer data or to collect evidence in electronic form of a criminal offence.

The Ministry of Foreign Affairs, Migration and Tunisians Abroad of the Tunisian Republic would be grateful to the Office of the Council of Europe in Tunisia if it would kindly bring the above to the attention of Madam Secretary General of the Council of Europe and to consider an extension of 30 days, i.e. until 08 March 2024, of the deadline for Tunisia's accession to the Convention ETS No. 185, which is necessary for finalization of the internal process required for the preparation, signature and deposit of the instrument of ratification by Tunisia of the Convention.

The Ministry of Foreign Affairs, Migration and Tunisians Abroad of the Tunisian Republic takes this opportunity to renew to the Council of Europe Office in Tunisia the assurances of its full consideration.

(seal)

Tunis, 7 February 2024

Council of Europe Office

Tunis

Copy to the Consulate General of Tunisia in Strasbourg

(*)         Letter registered at the Secretariat General on 7 February 2024 – Or. Fr.