Conclusions of the Sixty-Ninth Meeting of the Ministers' Deputies

CONCLUSIONS OF THE SIXTY-NINTH MEETING OF THE MINISTERS' DEPUTIES

held in Strasbourg from 2nd to 6th March 1959

Present: I. Adoption of the Agenda AUSTRIA M. H. REICHMANN M. F. WUNDERBALDINGER The Agenda was adopted (Appendix 6)1. BELGIUM M. J. SALMON DENMARK Mme B. BEGTRUP II. Consideration of texts adopted by the Consultative Assembly FRANCE M. J. LECOMPTE-BOINET at the 3rd part of its Tenth Session FEDERAL REPUBLIC A. Recommendations OF GERMANY M. A. REIFFERSCHEIDT M. H. BOCK (a) Hungarian refugees in Austria — Opportunities for settlement in member countries GREECE M. N. CAMBALOURIS of the Council of Europe — Recommendation 188 M. N. ATHANASSIOU ICELAND M. P. EGGERZ In response to the wishes expressed in Re- commendation 188 and by the United Nations IRELAND Mr. T. WOODS High Commissioner for Refugees, the Deputies ITALY M. G. BOMBASSEI FRASCANI decided to draw the attention of Governments DE VETTOR to this Recommendation and to ask them to in- M. P. TARONY form the United Nations High Commissioner of possibilities for receiving refugees in their LUXEMBOURG M.P.WURTH respective countries. NETHERLANDS Mlle M. Z. N. WITTEVEEN M. A. MANSVELT (b) Consultative status — Recommendation 190 (Doc. CM (59) 17) NORWAY M.E. LOECHEN SWEDEN M. K. G. LAGERFELT (i) International Road Transport Union; M. K. SUNDBERG TURKEY M. M. BOROVALI (ii) International Catholic Migration Commiss- M. M. AKBIL ion. UNITED KINGDOM Mr. G. MEADE - Chairman The Deputies adopted Resolution (59) 7, the Mr. R. du BOULAY text of which is contained in Appendix 1, Mr. M. ALAN-SMITH page 91.

The sixty-ninth meeting of the Ministers' De- B. Resolutions puties opened on Monday, 2nd March at 10 a.m., under the Chairmanship of Mr. G. Meade, (a) Problem of Berlin — Resolution 155 Deputy of the United Kingdom Secretary of (Doc. CM (59) 27) State for Foreign Affairs and Permanent Repre- sentative to the Council of Europe. The Deputies were informed of a letter from the President of the Assembly to the Chairman On behalf of his colleagues, the Chairman of the Committee of Ministers (Doc. CM (59) welcomed M. P. Wurth, Permanent Representa- 27). tive of the Grand-Duchy of Luxembourg, who was attending meetings of the Deputies in this capacity for the first time. 1. See page 112. 20 Conclusions of the sixty-ninth meeting of the Ministers' Deputies — 2nd to 6th March 1959

The Deputies noted Resolution 155 and agreed (j) Recommendations of the Assembly — Action taken by the Committee of Ministers — to consider at their 71st meeting whether to Resolution adopted on 22.1.59 place the problem of Berlin on the agenda of the 24th Session of the Committee of Ministers in April. The Deputies noted the above Resolution. In reply to the President's letter, the Chair- man of the Deputies will inform him that the C. Orders Deputies will re-examine this question at a future meeting. (a) Problem of Berlin — Order 136 (b) European Economic Association — Order 137 (b) European Parliamentary Assembly — (c) Human Rights — Procedure for filling vacancies Reply to the First Report — Resolution 156 in the European Court — Order 138 (d) Refugees from the Soviet Zone of Germany — The Deputies noted this Resolution. Order 139

The Deputies noted the Orders adopted by the (c) E. C. S. C. — Reply to the Sixth General Report — Assembly. Resolution 157 With regard to Order 136 instructing the The Deputies instructed the Secretary-General President of the Assembly to transmit Resolu- to send a letter to the President of the High tion 155 to the Ministers for Foreign Affairs Authority informing him that Resolution 157 of the Committee of Ministers of the Council called for no comment by the Committee of of Europe, the Deputies agreed that in future Ministers. a copy of the correspondence addressed by the President of the Assembly to the Chairman of the Committee of Ministers or to one or more Mem- (d) E. E. C. — Reply to the First Report of the Commission — ber Governments should also be transmitted to Resolution 158 their Permanent Representatives. (e) Euratom — The Secretary-General was instructed to take Reply to the First Report of the Commission — the necessary steps to implement this decision. Resolution 159 (f) I. L. O. — Reply to the Eighth Report — Resolution 160 With regard to Order 138 on the procedure for filling vacancies in the European Court of (g) Refugees from the Soviet Zone of Germany — Resolution 161 Human Rights, the Deputies requested the Secretary-General to follow the work of the Assembly on this question and place it on the The Deputies noted the above Resolutions. agenda of one of their meetings, should this work not lead to the adoption of a Recommenda- tion by the Assembly. (h) Second Conference of Local Authorities — Resolution 162

The Deputies decided to examine this Resolu- III. Address by the representative tion at the same time as the questions listed under Item XXII of the agenda of the present of the Chairman-in-office meeting. of the Committee of Ministers Action to be taken (i) Cultural Fund — Moral and financial support — (Doc. CM (59) 11) Resolution 163 The Deputies considered questions raised by The Deputies decided to examine this Resolu- certain members of the Assembly in connection tion at the same time as the questions listed with the presentation of the Second Supple- under Item XIV of the agenda of the present mentary Report to the Ninth Report of the meeting. Committee of Ministers to the Assembly: 21 Conclusions of the sixty-ninth meeting of the Ministers' Deputies — 2nd to 6th March 1959

Question No. 1 by M. de la Vallée-Poussin Deputies, who would decide what action to take suggesting that, on the occasion of the Tenth on it. Some delegations expressed reservations Anniversary of the Council of Europe, a new concerning this suggestion which, in their opi- campaign should be launched on behalf of the nion, would make it impossible to go beyond the Fifteen, so that the wider European Community stage of technical study and might even lead might keep pace with the six-Power Community. very soon to a complete deadlock. The Deputies noted the suggestions put for- Several delegations voiced their Government's ward on this subject by the Secretary-General concern to avoid the possibility of the discuss- (Doc. CM (59) 28) and decided to examine the ions in the Committee ranging over Atlantic question at their next meeting. as well as European questions. With this in With regard to the other questions, the De- mind, it was suggested by one delegation that puties considered that they called for no parti- the ad hoc Committee might be divided into a cular reply and that, if the need arose, the number of sub-committees, each responsible for Statutory Report could mention any further examining specific problems. developments with regard to problems arising At the end of their discussion, the Deputies (Doc. CM (59) 11). reached the following decisions on the basis of the Belgian proposals: (a) The Committee will include representat- IV. Rationalisation ives of all fifteen Member Governments of the Council of Europe, the composition and level of European institutions of the delegations being left to the judgment (Doc. CM (59) 14) of each Government. (Voting: 14 in favour, 1 abstention.) The Deputies heard a statement by their Belgian colleague giving the background to his It was made clear that if Governments ap- Government's proposals concerning the rationa- pointed their Ministers' Deputies in one of the lisation of the European institutions. He said four organisations concerned to represent them that, in his Government's view, the discussion on this Committee, such Deputies would not of the Ministers' Deputies should be limited to serve on the Committee in their capacity as the procedure for preparing the report provided members of the ministerial organs of the institu- for in the decision taken by the Committee of tions to which they are accredited. Ministers at their 23rd Session in Paris on 15th December 1958 (Doc. CM (58) PV 2, point (b) The Governments of Switzerland and VI). Portugal will be invited to take part in meetings of the ad hoc Committees either as full members The Deputies held a broad exchange of views or as observers, according to their convenience. on the following questions and took the decisions mentioned below: (Voting: 12 in favour, 3 abstentions.) 1. Creation of an ad hoc Committee to prepare In explanation of his vote, the Swedish repre- the report sentative stated that his Government would have preferred, for reasons of principle, that any The Deputies were unanimously in favour of person, whom the ad hoc Group wished to con- creating such a Committee. sult in their work of drafting the report which the Permanent Representatives will present to 2. Composition of the Committee the Committee of Ministers, should be invited, The Netherlands representative proposed that when needed, as observers in an advisory capa- the Committee take the form of a small ad hoc city. group consisting of the Secretaries-General of (c) The Governments of Canada and the the four organisations concerned. This group United States will be invited to participate in would make a preliminary report on the co- meetings of the ad hoc Committee as observers. ordination of the activities of these four organisations. This would be put before the Ministers' (Voting: 10 in favour, 5 abstentions.) 22. Conclusions of the sixty-ninth meeting of the Ministers' Deputies — 2nd to 6th March 1959

(d) The Secretaries-General of the Organisa- It was agreed that the report could contain tions will be invited to take part in the work proposals on the procedure to be adopted for of the ad hoc Committee in an advisory capacity, carrying on negotiations between all the Govern- each according to his competence. ments concerned. (Voting: 12 in favour, 3 abstentions.) (e) It will be for the ad hoc Committee to decide whether, at what stage and in what V. Agreement between the Council of Europe manner the Assemblies of W.E.U. and the and the six-Power Communities Council of Europe will be consulted on the rationalisation problem. The Secretary-General informed the Deputies that the draft Agreement between the Council 3. Chairmanship of the ad hoc Committee and of Europe and the six-Power Communities had issue of invitations not been approved by the latter (Doc CM (58) The Deputies agreed that the Chair of the ad PV 2, point VII). hoc Committee should be taken by the Head of The Deputies consequently deferred considera- the United Kingdom Delegation, whose Secretary tion of the question to their next meeting. of State for Foreign Affairs is at present Chair- man of the Committee of Ministers of the Council of Europe. It was also agreed that the Chairman of the VI. Sessions of the Assembly Committee of Ministers would issue invitations outside Strasbourg to the Governments of Canada, the United States, Portugal and Switzerland, and to the (Docs. CM (59) 13 and 25) Secretaries-General. The Deputies noted that they could not give 4. Meeting-place of the ad hoc Committee the Consultative Assembly general authorisation to hold sessions or part-sessions outside Stras- The Deputies agreed that the Committee would bourg in view of the provisions of Article 33 of meet in Paris, preferably at the headquarters the Statute. of O.E.E.C. The Secretary-General was instructed to make the necessary arrangements with the However, the Deputies agreed to give consi- Secretary-General of O.E.E.C. deration to any specific request by the Assembly (Voting: 9 in favour, 1 against, 5 absten- to hold a session or part-session outside Stras- tions.) bourg and giving the reasons for such a proposal.

5. Date The Deputies agreed that their Chairman The Deputies decided that the ad hoc Com- should reply in this sense to the letter from the President of the Consultative Assembly dated mittee would hold its first meeting on 17th March 1 at 3 p.m. 12th January 1959 (Appendix 7) .

6. Secretariat The Deputies decided that the Secretariat of VII. Human Rights the ad hoc Committee would be provided by Presentation to the Committee of Ministers officials of the Secretariat-General of the Council of the Commission's report on application of Europe in collaboration with O.E.E.C. No. 176/56

7. Presentation of the Report of the ad hoc Com- At the request of the Greek and the United mittee Kingdom Representatives, this question was de- The Deputies decided that the ad hoc Com- ferred to the next meeting of the Deputies. mittee would present a report to the Committee of Ministers of the Council of Europe at its 24th Session. 1. See page 114.

23 Conclusions of the sixty-ninth meeting of the Ministers' Deputies — 2nd to 6th March 1959

VIII. Refugees and over-population Nations Secretary-General for the World Refugee Year and the assistance of the United Nations (a) Vocational training — High Commissioner for Refugees (Doc. CM (59) Action by the Special Representative 26, points (b) and (c)). (Doc. CM (59) 5 and Corr.) The Deputies duly noted the concern voiced After an exchange of views on the programme by the Special Representative that all duplica- of work in this field submitted by the Special tion of work should be avoided. Representative (Doc. CM (59) 5 and Corr.), the Deputies requested the Special Representative to They expressed satisfaction at the close co- prepare a memorandum containing additional operation established between the Special Re- information, particularly on the financial im- presentatives of the Council of Europe and of plications of putting into operation each of the the United Nations. The Secretary-General was three points of the programme and on the assist- instructed to inform the latter that the Com- ance which could be rendered in this matter by mittee of Ministers would be prepared to hear I.L.O. and O.E.E.C. The memorandum will also him if he so desired. set forth ways and means of developing such a programme in the future. IX. Ceremonies to mark The Deputies will reconsider this question at the 10th Anniversary of the Council of Europe their next meeting in the light of this memorandum. (Doc. CM (59) 7, Concl. (59) 68, point VI, and Doc. CM (59) 22)

(b) Recommendation 189 The Deputies discussed the proposals put forward by the Special Committee (Doc. CM (59) The Deputies noted Recommendation 189, the 22). main clauses of which deal with the vocational The Deputies submitted observations on these training problems under examination and with proposals and introduced amendments which the Special Liaison Committee, to which refer- will be brought to the attention of the Special ence is made below. The Deputies' decisions on Committee for its next meeting on llth March. these matters will be communicated to the As- sembly in the Statutory Report. The Deputies agreed to allow their representatives on the Special Committee complete latitude in adjusting expenditure within the limits of the total appropriation of 20 million francs, (c) Special Liaison Committee (Doc. CM (58) 140) bearing in mind the points raised during the discussion, the essence of which is reproduced below in the order followed in Doc. CM (59) 22. The Deputies supported the proposal of the French representative and decided that members appointed by the Assembly to the Special Liai- 1. Ceremony in London son Committee could participate in meetings of The proposals submitted were approved. the Special Representative's Advisory Com- mittee. 2. Ceremony at Strasbourg This question may possibly be placed on the (a) Luncheon for distinguished persons at the Agenda of the next meeting of the Joint Com- Secretary-General's invitation. mittee. (b) Ceremonial meeting in the Assembly Hall.

(d) World Refugee Year — Order 127 (c) Reception at the Prefecture. (Docs. CM (59) 3 and 26) (d) Reception for the Secretariat staff. The Deputies approved in broad outline the The proposals under these heads were ap- Council of Europe programme of work prepared proved, but the Deputies considered that, by re- by the Special Representative with the agree- adjusting the estimates for the 10th anniversary ment of the Special Representative of the United proposals as a whole, the amount available for 24 Conclusions of the sixty-ninth meeting of the Ministers' Deputies — 2nd to 6th March 1959 the Secretary-General's luncheon for distinguished in the languages of the member countries. It was persons could, if necessary, be increased to agreed, however, that the Secretary-General cover the eventuality of entertaining a greater would place this abridged report at the disposal number of guests than at present contemplated. of the Governments in the two official languages of the Council.

The Deputies considered that credits released 3. Journalists invited for the 20th April by the rejection of certain proposals should be The estimate of 3,000,000 francs was approved, used for bringing up to date the Council of but the Secretary-General was instructed to Europe handbook and translating it into all review its use and present new proposals to the languages of Member States. Special Committee.

(b) Publicity folders 4. Film The Deputies approved the proposals sub- The appropriation of 2,000,000 francs was mitted and the relevant estimate of 2,000,000 approved. francs. The Secretary-General asked the Deputies to inform him which national organisations were 5. Anniversary stamp (special postmark) best placed to undertake the distribution of the folders. The proposals for a special postmark by the postal authorities of member countries to com- memorate the 10th anniversary were approved. (c) Articles in newspapers and periodicals, etc. The Deputies approved only the proposal The French representative reported that the concerning posters and various publications. The Ministry of Posts and Telecommunications had overall estimate of 1,000,000 francs for this pur- agreed to produce this postmark without charge. pose was approved, and many delegations wished to see it increased so that the proposal compaign 6. Medal could assume the widest possible scope. The proposal to strike a commemorative medal was rejected and the corresponding estimate withdrawn. (d) Radio and television 7. Gramophone records The estimate of 500,000 francs was cancelled and the corresponding amount transferred to (a) Long-playing Pathé-Marconi record item (c) above. (b) Sonorama records 9. Commemoration of the 10th Anniversary in The estimate of 750,000 francs for these two schools items was reduced to 500,000 francs, which will be earmarked for the purchase of Pathé-Marconi The proposals concerning the presentation of records. It was agreed that the records would prizes to winners of the European Schools Day mainly be distributed in schools. competition were approved together with the relevant estimate of 100,000 francs. The Deputies agreed to invite the Special Committee to exa- 8. Press, periodicals, radio, television and public- mine what might be done to increase action in the ations schools. (a) Report of the Secretariat-General The Deputies decided that it was fitting to 10. Contribution to commemorative ceremonies increase by 5,350,000 francs the estimate already in Member States adopted for the 10th anniversary ceremonies as a whole, so that an abridged edition of the The proposals under this head were rejected and Secretary-General's 1958 Report could be issued the Deputies suggested that the sum in question 25 Conclusions of the sixty-ninth meeting of the Ministers' Deputies — 2nd to 6th March 1959 be added to that available for their proposals the Italian and Netherlands Governments (Doc. concerning item 8 (a). CM (59) 8). The representatives of Belgium, France, the Federal Republic of Germany and Luxembourg 11. Sundries and contingencies approved the amendments submitted by the The estimate of 1,350,000 francs was approved. Netherlands Government. They and the Nether- lands representative announced that their Gov- ernments were prepared to sign the agreement thus amended. It was also agreed that each representative The representatives of Belgium, Luxembourg would request his Minister for Foreign Affairs and the Netherlands, however, were unable to to broadcast a message on 5th May on the occa- accept the amendment proposed by the Italian sion of the 10th Anniversary of the Council. Government. The representative of the Federal Republic of Germany said his Government was willing to X. Possible comments accept the amendment proposed by the Italian Government. of the Budget Committee on future reports of the Auditors The representative of France said his Gov- ernment preferred the Agreement as it now stood, but might accept the Italian amendment At the request of the Secretary-General, the if this received the approval of the majority. Deputies decided to transfer this question to the Agenda of a forthcoming meeting. The Italian representative announced his approval of the Netherlands amendments, but said he did not think that his Government would be able to sign the Agreement if its own amendments were not introduced. XI. Arbitration in international relations The representative of Denmark said that his Recommendation 156 Government would not be able to sign the (Doc. CM (58) 136) Agreement. The Deputies decided to return to this question The Deputies approved the recommendation at their 70th meeting. of the Committee of Experts in favour of pro- moting the preparation of a draft Convention on a uniform arbitration law to take the place of (b) Convention relating to the status of Stateless Persons — the domestic laws of the Contracting States (Doc. Oral Question No. 10 by Mme Weber CM (58) 136. (Doc. CM (58) 64) They instructed this Committee of Experts to prepare such a draft Convention. The Norwegian representative reported that his Government had ratified the Convention. The representatives of Ireland and the United The United Kingdom representative announced Kingdom abstained. that his Government hoped to be able the ratify the Convention. The Irish representative said that his Gov- ernment was examining the possibility of acced- XII. Simplification of frontier formalities ing to the Convention. (a) Draft Multilateral Agreement The Italian representative announced that his on the abolition of visas for refugees (Doc, CM (58) 84 and 8) Government had signed the Convention. The Austrian representative informed the The Deputies examined the amendments to Committee that his Government was not at pre- the draft Multilateral Agreement submitted by sent prepared to sign the Convention. 26 Conclusions of the sixty-ninth 'meeting of the Ministers' Deputies — 2nd to 6th March 1959

The Belgian representative said his Govern- (d) Written Question No. 59 by M. van Meeuwen ment had signed the Convention and that the (Doc. CM (58) 18) procedure of parliamentary approval prior to ratification was in progress. The Deputies decided to postpone consideration of their reply to M. van Meeuwen until The Deputies did not approve paragraph 1 their next meeting. of the draft Resolution proposed by the Special Committee (Doc. CM (58) 74), which recommends Member Governments which have not yet done so (e) International Union to sign and ratify the Convention of 28th Sep- of Official Travel Organisations — Request for support for the convocation tember 1954 on the status of Stateless Persons. of a conference on travel facilities Nor did they secure an adequate majority for (Doc. CM (59) 21) the adoption of paragraph 2 of this draft Reso- lution, which recommends that Member Govern- The Deputies considered that, in view of the ments take certain steps on behalf of stateless short notice given, it was impossible to take a persons as soon as this Convention is ratified decision on the International Union's proposal and comes into force. to convene an international diplomatic conference on travel facilities within the framework The Deputies therefore agreed to instruct the of the United Nations. Secretary-General to send the letter to be found 1 in Appendix 8 to the President of the Assembly, The Secretary-General was instructed to con- for the attention of Mme Weber. vey this information to the Director-General of the I.U.O.T.O., but to stress that the Council of Europe was particularly interested in questions (c) Work of the Special Committee — Recommendation 192 relating to the simplification of frontier formalities. The Deputies agreed to take no action on points 4 (a) and (b) of Recommendation 192 which request them to consider their instructions XIII. Resettlement Fund to the Special Committee to suspend its work Protocol to the general agreement on the abolition of customs papers for the tem- on privileges and immunities porary importation of commercial vehicles and on the improvement of facilities at airports. (Letter D/145 of 7.1.59, Doc. Fonds /EXP/Jur 9 (1958) rev. 2 and Corr.) As regards point 1, the Agreement on Regu- lations governing the Movement of Persons is The representatives of the Member States of now in force as between the following countries: the Resettlement Fund of the Council of Europe Austria, Belgium, France, Federal Republic of examined the draft Protocol which sets out the Germany, Italy and Luxembourg. As for points privileges and immunities of the Fund (Doc. 2 and 3 concerning the abolition of customs do- Fond/EXP/Jur 9 (1958) Rev. 2 and Corr). cuments for the temporary importation of private motor vehicles and tourist coaches, the De- The representatives of France, Belgium, puties took the view that members of the Consult- Greece, Italy and Luxembourg declared that ative Assembly could, if necessary, bring pres- their Governments were prepared to sign the sure to bear in their national Parliaments on Protocol without reservation. The representative Member Governments which had not yet abo- of Belgium also said that he was authorised to lished such documents. sign it. The representative of Italy said that he was It was stated that the Governments of the authorised to sign the Protocol with the follow- following countries had already abolished cus- ing reservation: toms documents for tourist coaches: Austria France, Italy, Norway and Sweden. "With regard to Article 3, Italy reserves the right, in view of the general principles of its legal system, not to enforce by execution awards 1. See page 115. arising from the arbitration mentioned in

27 Conclusions of the sixty-ninth meeting of the Ministers' Deputies — 2nd to 6th March 1959

Article 2, paragraphe 3, when such awards the first meeting held by the Administrative are contrary to the national ordre public.'' Board of the Cultural Fund. The Deputies approved the Board's proposals The representatives of the Federal Republic concerning relations with the European Cultural of Germany and Iceland said that their Govern- Foundation of Amsterdam and the nomination ments could not take a decision on the signing of co-opted members of the Board (Points 4 and of the Protocol before knowing the reservations 5 of Doc. FC/Adm. (59) 6). which the other Governments proposed to make. It should be recalled that the Federal Govern- ment of Germany intended to make the follow- They therefore nominated: ing reservation: (a) The Chairman-in-office and one of the "As regards tax exemption, the Federal Re- Vice-Chairmen of the Assembly's Cultural Com- public of Germany will be unable to grant to mittee; they also agreed that the second Vice- Resettlement Fund loans more advantageous Chairman should attend meetings of the Board terms than those accorded to its own loans or as an observer. the loans of other international organisations. (b) A member of the Governing Body of the Para. 4 of Article 7 cannot therefore European Cultural Foundation at Amsterdam, impose any obligation on the Government of the whose name will be communicated by the Found- Federal Republic of Germany to comply with ation to the Secretary-General. the provisions of this paragraph." The Head of the Cultural Division informed The Deputies' attention was called to the ex- the Deputies that the second meeting of the treme urgency of this matter for the Resettle- Administrative Board would be held at Stras- ment Fund, since the grant of a loan of bourg on 26th May, when the official inaugura- 10,000,000 dollars for the Fund depended on tion ceremony of the Cultural Fund would take the Protocol being signed before the date-line of place. 1st April 1959. The representatives of the Member States of Furthermore, the Deputies noted Resolution the Resettlement Fund of the Council of Europe 163 calling for moral and financial support from decided therefore to open the Protocol to signa- private sources for the Council of Europe ture within the framework of a partial agree- Cultural Fund. ment. The representatives of the other States raised no objection to this procedure. It was understood that full powers would later be con- ferred on the Secretary-General of the Council XV. Rules of Procedure of Europe. of the Committee of Ministers' Amendments The Protocol was signed on 6th March 1959 (Doc. CM (59) 16) by the representatives of Belgium and Italy. The Deputies approved the proposals made by The representatives of other Governments will the Secretary-General concerning the redraft- have the opportunity of signing it at the meeting ing of the decisions taken by the Committee of of the ad hoc Committee on the rationalisation Ministers on the Deputies' report (Doc. CM of European institutions, to be held in Paris on (59) 16). 17th March 1959.

XVI. Compulsory motor insurance XIV. Cultural Fund Recommendation 100 and Opinion No. 29 Conclusions of the first meeting (Docs. CM (57) 60 and (58) 35) of the Administrative Board (Doc. FC/Adm. (59) 6) The representatives of Austria, Belgium, France, the Federal Republic of Germany The Deputies heard a statement by the Head and Greece declared that their Governments of the Cultural Division on the conclusions of were prepared to sign the Convention. 28 Conclusions of the sixty-ninth Meeting of the Ministers' Deputies — 2nd to 6th March 1959

The Italian representative said that his agreed to the amendment, proposed by the Ger- Government was also prepared to sign the man Federal Government, to combine chapters Convention and that it would make its reserv- III and IV of the draft Convention into a single ations at the time of ratification. chapter. A two-thirds majority having been obtained, the amendment was adopted. The Netherlands representative said that his Government had a few drafting changes to suggest which would be communicated to the The representatives of Greece, France, Ire- other Governments by the Secretariat. land and the Netherlands approved the amend- The representatives of Luxembourg, Norway ment proposed by the Belgian Government to and Sweden said that their Governments would place Articles 10 and 12 immediately after probably sign the Convention. Article 8. No objection was raised to this proposal. The representative of Ireland said that his Government could not sign the draft Convention The representatives of Austria, Belgium, in its present form. It would be prepared to France, Greece, Iceland, Italy, Luxembourg and sign, however, if the text previously adopted by Turkey said that their Governments were pre- the experts for Article 9 of the clauses annexed pared to sign the Convention. The French to the Convention and reservation No. 13 were Government did not contemplate signing it until restored. These texts had been altered at the it had examined the reservations made by the last meeting of the Group of Experts. other Governments. The Turkish Government will make certain declarations at the time of signature. The United Kingdom representative said that his Government after thorough study of the matter had decided not to sign the Convention, The representatives of Norway and Sweden since it would entail important changes in said that their Governments would probably sign British law. the Convention. The representative of Denmark said that the The representatives of Denmark, Iceland and matter was still under consideration. Turkey said that their Governments had not yet taken a decision on the signature of the Con- The Netherlands representative pointed out vention. that the draft Convention did not contain a preamble. Furthermore, she proposed that This item was held over till the 70th meeting, Article 30 should make it obligatory for the at which the Deputies would decide whether the Secretary-General to notify Members of the Convention could be opened to signature at the Council not only of the deposit of all instru- next session of the Committee of Ministers. ments of ratification or accession, but also of the names of signatories to the Convention. She also proposed a few purely formal amendments of which the other Member Governments will XVII. Mutual Assistance be informed by the Secretariat. in Criminal Proceedings The representative of Ireland said that his Opinion No. 30 Government had not yet taken a decision on the (Docs. CM (58) 54 and Corr., (59) 12 and add., signing of the Convention, since its provisions Letters J/850 and J/2 150 of 20.1.59 and 16.2.59) were not in general in conformity with Irish legal concepts. The Deputies examined Opinion No. 30, in which the Assembly recommended that the Com- mittee of Ministers should submit the draft The United Kingdom representative said that Convention for signature by Member Govern- his Government would not sign the Convention, ments as soon as possible. in whose drafting it had not participated. The British Government would, however, continue It was noted that the Governments of Belgium, to accord mutual assistance, in accordance with Greece, France, Ireland, Italy, Luxembourg, the its extradition laws, within the framework of Netherlands, Sweden and the United Kingdom Interpol. 29 Conclusions of the sixty-ninth Meeting of the Ministers' Deputies — 2nd to 6th March 1959

The Deputies will return to this question at The Deputies decided that requests for in- their next meeting, with a view to deciding formation by Assembly committees, whatever whether the Convention could be opened for their nature or object and whether addressed to signature by Member States at the 24th Session one, several or all Member Governments, should of the Committee of Ministers. be transmitted by the Secretary-General to the Permanent Representative of the country or countries concerned, with as full details as XVIII. International Commission possible of the reasons for this request. on Civil Status Recommendation 185

The Deputies discussed Assembly Recommend- XX. Public health ation 185. Duty free import of artificial limbs The representative of France announced that (Doc. CM (58) 14) his country had on 19th August 1957 ratified the "Convention on the issue of birth, marriage After full discussion, the Deputies noted that and death certificates for transmission abroad" customs duties on the import of artificial limbs and on 22nd January 1959 the "Convention on and orthopaedic apparatus were, according to the free issue of certificates of civil status and the country, either negligible or paid by charit- exemption from the need for legislation". able organisations or by Social Insurance or abolished in particular cases. The Netherlands representative said that the first of these Conventions had been ratified by At it was found that the harmonisation of her country on 13th February 1958, and that national legislations in this matter would be the second had not yet been ratified. difficult and of little practical value, the De- The Luxembourg representative said that rati- puties considered that no action should be taken fication procedure was under way for the first on the proposals of the Committee of Experts of the Conventions and would shortly be put to exempt these articles from all customs duties. into operation for the second. The Deputies decided to inform the Assembly The representative of Turkey said that in his of this decision in the Statutory Report. country the ratification procedure was under way for the second Convention. XXI. Council buildings The representative of Italy said that his Construction of a passage-way country contemplated acceding to these Convent- ions in the near future. The Deputies agreed to a request by the local The representative of Austria made a similar authorities to construct a passage-way, at their declaration. own expense, linking the Council of Europe buildings to the premises they proposed to build It was decided that this information would be for the use of the European Parliamentary communicated to the Assembly in the Statutory Assembly. Report. It was agreed that the Secretary-General of the Council of Europe would lay down regulations for the use of this passage-way.

XIX. Requests from Assembly committees XXII. Local Authorities Conference to Member Governments for information (a) Intervals between Meetings — Recommendation 191 The Secretary-General made a statement on (Doc. CM (59) 23) the question of request for information by As- sembly committees. The Deputies discussed the proposal in paragraph 2 of Recommendation 191 that the Com- 30 Conclusions of the sixty-ninth Meeting of the Ministers' Deputies — 2nd to 6th March 1959 mittee of Ministers be asked to approve the XXIII. Second Strasbourg Conference principle of holding the European Conference Financial implications of Local Authorities every year. (Docs. CM (58) 150 and CM (59) 23)

This proposal was rejected, as well as another The Deputies examined the opinion of the proposal put forward by some delegations to Budget Committee concerning the amount of the authorise a meeting of the Conference every two estimate for this Conference under Sub-head 43 years. of the 1959 Budget (Doc. CM (59) 23, para. 4). It was made clear that the rejection of these The Deputies decided to appropriate 8,000,000 two proposals signified opposition to the prin- francs for this Conference under Sub-head 43. ciple of regular meetings, but did not imply The Conference should be held in Strasbourg refusal to consider requests for meetings of the immediately before or after the second part of Conference. the llth Session of the Consultative Assembly. Should it prove impossible to hold the Confer- All such requests would be considered on their ence at that time, the appropriation could be merits. increased to 10,000,000 francs. The Deputies therefore adopted Resolution (59) 8, the text of which is contained in Appen- dix 1, page 92.

The Deputies also noted Resolution 162. XXIV. Date and place of the 70th Meeting of the Ministers' Deputies

(b) Financial implications The Deputies decided to hold their 70th (Docs. CM (58) 150 and (59) 23) Meeting at 10 a.m. on Monday, 6th April, at Strasbourg. The Deputies examined the opinion of the Budget Committee on the estimates by the Com- The Deputies also agreed to hold their 71st mitte of Local Authorities for the third Local Meeting for the preparation of the 24th Session Authorities Conference (Doc. CM (59) 23, point of the Committee of Ministers, to be held on III). 20th April, immediately after their 70th Meeting. The Deputies did not agree to the suggestion by the Committee that the European Commun- ities defray 40 % of the costs of the Conference. XXV. Other business (a) Social Charter — Procedure for consideration Some delegations were of the opinion that to of the results of the Tripartite Conference assure fair treatment to the representatives of (Doc. CM (59) 15) the various nationalities, the Council Budget should pay travelling expenses rather than The Deputies decided to transmit to the subsistence expenses. Others expressed the hope Assembly the results of the work of the Tri- that the Conference would only last three days. partite Conference and to ask for its opinion on the draft Social Charter drawn up by the Social Committee. The Deputies decided to made an appropriation in the 1960 Budget of 10,000,000 francs for They also instructed the Secretary-General to the third Conference, it being understood that transmit the results of the Tripartite Conference this sum would include some travelling expenses to the Social Committee for their information, of participants together with the cost of inter- and to request them not to draw up a definitive preting from Scandinavian languages into of- text for the Charter until the Assembly's opinion ficial languages. had been communicated to them. 31 Conclusions of the sixty-ninth Meeting of the Ministers' Deputies — 2nd to 6th March 1959

(b) Budget Committee — Report (e) Geographical distribution of the permanent staff (Doc. CM (59) 23) (Doc. CM (59) 19)

The Deputies examined the report of the The Deputies examined a table drawn up by February 1959 Session of the Budget Committee. the Secretary-General, at the request of the Points II and III of this report were taken Netherlands representative, showing the geo- together with items XXIII and XXII of the graphical distribution of the permanent staff present agenda, to which they refer. of the Secretariat-General in categories A, B and L, as on 27th January 1959. With regard to Point I, which deals with the budgetary effects of devaluation, the Deputies The nationality percentages would be shown held over their decision pending receipt of a in the table as soon as all the operations con- memorandum on the matter by the Secretariat- cerned with the re-grading of posts were com- General. pleted. The nationality of non-established staff would also be indicated. The Deputies considered Point IV concerning the implementation of the programme in the The Secretary-General said that he would give field of criminology. the utmost possible consideration to the De- puties' desire that there should be a fair geographical distribution of staff. (c) Staff remuneration — increase in cost of living allowance (Doc. CM (59) 24) (f) Meetings of organisations at the headquarters of the Council of Europe On the proposal of the Secretary-General, the Deputies authorised him to apply to the staff of In connection with the forthcoming meeting the Council of Europe the measures taken by of the European Civil Aviation Commission in the OEEC Council in respect of a cost of living Europe House, the Netherlands representative allowance for its own staff, in the light of the raised the general question of the use of Council recommendations of the Co-ordination Com- of Europe premises by intergovernmental, non- mittee of Budgetary Experts (Doc. CM (59) 24). governmental international or national organi- Formal approval of these measures and sup- sations. plementary estimates for putting them into On the general question of the use of Council effect will be placed on the agenda of a forth- premises, the Secretary-General recalled the coming meeting. decisions taken by the Deputies at their 25th meeting in October 1954 (Concl. (54) 25, point V). (d) Extension of age-limit for a staff member With regard to the particular case of the The Deputies adopted Resolution (59) 9, the ICAO meeting, the Secretary-General also point- text of which is contained in Appendix 1, ed out that the Assembly, in its Resolution 141, page 92. had specifically invited the European Civil The Secretary-General informed the Deputies Aviation Commission to hold its next session that he contemplated, as soon as possible, sub- at the headquarters of the Council of Europe mitting proposals for their approval concerning and that the Deputies, when they considered the age limit of Council staff. He said that his this resolution, had made no comments (Concl. proposal would take into account such con- (57) 55, point III B (m)). Furthermore, the first clusions as might be reached by the Working session of the Commission was held in Europe Party on a European Civil Service and would House in November 1955. first have been agreed to by the Secretaries- General of the other organisations on the Co- Moreover, at their 40th meeting in June 1956, ordination Committee of Budgetary Experts. the Deputies had authorised the Secretary- General to give a positive reply to I.C.A.O.'s request to hold a Conference in Europe House It was agreed that if, as a result of these in September 1956. It had been understood that proposals, the age limit was fixed at more than the President of the Assembly would decide 63, M. Costa's situation would be re-examined whether the Conference should make use of the at the instance of the Secretary-General. Assembly Hall. 32 Conclusions of the sixty-ninth meeting of the Ministers' Deputies — 2nd to 6th March 1959

The Deputies agreed to return to the question entered on a special list, which would show in of the use of the Assembly Hall at one of their each case whether they were career officers or forthcoming meetings. honorary consuls.

In the meantime, the Secretary-General was (2) Places in Assembly Galleries instructed to inform the Deputies of the deci- The Secretary-General was requested to take sions taken by the Assembly's President with all necessary steps to insure that the Consuls regard to the use of the Assembly Hall. had access to the diplomatic gallery of the During the discussion of this question, the Assembly. Chairman, speaking also as Doyen of the Con- sular Corps, referred to complaints by members of the Consular Corps at the discrimination (g) Travel facilities for Refugees — Written Question No. 57 by M. Grégoire from which some of them had suffered, both in (Doc. CM (58) 125) the way in which the list of local notabilities was drawn up and in regard to the places reserved for them in the Assembly galleries. It was agreed that the representatives of Governments who had not yet done so should give M. Grégoire as soon as possible the informa- The Secretary-General was requested to look tion he requested on their respective countries. into these matters and it was agreed that:

(1) With regard to the list of local notabilities So far the Governments of the following countries have sent in their replies: Austria, The members of the Consular Corps, whether Denmark, Italy, Luxembourg, Norway, Nether- career officers or honorary consuls, would be lands, Sweden and the United Kingdom.