COUNCIL CONSEIL OF EUROPE DE L'EUROPE
COMMITTEE OF MINISTERS
CONFIDENTIAL CM/Del/Concl(84)375
CONCLUSIONS
OF THE 375th MEETING
OF THE MINISTERS' DEPUTIES
HELD IN STRASBOURG
FROM 17 TO 25 SEPTEMBER 1984
STRASBOURG
COUNCIL OF EUROPE CONSEIL DE L' EUROPE
COMMITTEE OF MINISTERS
Strasbourg, 24 May 1985 Confidential CM/Del/Concl(84)375
CONCLUSIONS OF THE 375TH MEETING OF THE MINISTERS' DEPUTIES (held in Strasbourg from 17 to 25 September 1984)
CORRIGENDUM
375/43: Steering Committee on Intra-European Migration (CDMG) Report of the 10th meeting (Strasbourg, 15-18 May 1984)
Page 152 - First paragraph: read the intervention of the delegation of the Federal Repubic of Germany as follows : "The Representative of the Federal Republic of Germany said that his authorities expressed their disagreement with paragraph 8(a) of the opinion of the CDMG (see Appendix V to CM(84)153) on inviting governments not having yet done so to ratify the European Convention on the Legal Status of Migrant Workers."
4571 02.2
CONFIDENTIAL - i - CM/Del/Concl(84)375
SUMMARY Page
1. Adoption of the Agenda 9
Political and General Policy Questions 2. North/South - Exchange of views with the participation of experts 11 3. Role of the Council of Europe in the process of European unification - Report of the Ministers' Deputies' working party 19 4. The working methods in the Council of Europe - Report of the Ministers' Deputies' working party 29 5. Committee of Ministers - Preparation of the 75th Session 33 6. Situation in Cyprus 37 7. Conferences of Specialised Ministers 39 8. Recommendations of the Committee of Ministers to member States a. Reports by the governments on Recommendations included in the 1981 - 1982 Selection 41 b. 1983 - 1984 Selection 45 9. Consultative Assembly - Standing Committee (Oslo, 25-28 June 1984) - Texts adopted 47 *10. Review of action taken by the Committee of Ministers on Recommendations adopted by the Consultative Assembly 51
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Human Rights 11. Nomination of candidates for the election of a judge to the European Court of Human Rights in respect of Cyprus 53 12. Election of a member of the European Commission of Human Rights in respect of Cyprus 55 13. Dores and Silveira against Portugal - Decision to be taken under Article 32 of the European Convention on Human Rights 57 14. C., Medway and Ball against the United Kingdom - Decision to be taken under Article 32 of the European Convention on Human Rights 61 15. Zamir against the United Kingdom - Decision to be taken under Article 32 of the European Convention on Human Rights 63 16. T. against the United Kingdom - Decision to be taken under Article 32 of the European Convention on Human Rights 65 17. Bramelid and Malmström against Sweden - Decision to be taken under Article 32 of the European Convention on Human Rights 67 18. Judgments of the European Court of Human Rights in the case of Eckle - Application of Article 54 of the European Convention on Human Rights 27.7.82 and HD/C43 of 30.6.83) 69 19. Judgments of the European Court of Human Rights in the case of Silver and others - Application of Article 54 of the European Convention on Human Rights 71 20. Judgments of the European Court of Human Rights in the case of de Jong, Baljet and van den Brink - Application of Article 54 of the European Convention on Human Rights 73 21. Judgments of the European Court of Human Rights in the case of van der Sluijs, Zuiderveld and Klappe - Application of Article 54 of the European Convention on Human Rights 75
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22. Judgments of the European Court of Human Rights in the case of Duinhof and Duijf - Application of Article 54 of the European Convention on Human Rights 77 23. Draft Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Extension of the List of Civil and Political Rights set forth in the Convention 79 24. Ad hoc Committee of Experts to exchange views on the draft Convention against Torture (CAHTT) (Strasbourg, 21-22 May 1984) 85 25. Ad hoc Committee of Experts to exchange views on the draft Convention on the Rights of the Child (CAHDE) 87 26. Development co-operation and human rights - Assembly Recommendation 962 89 Legal Questions 27. 14th Conference of European Ministers of Justice (Madrid 29-31 May 1984) - Follow-up 97 28. Ad hoc Committee of Experts on Ethical and Legal Problems relating to Human Genetics (CAHGE) - Report of the 2nd meeting (Strasbourg, 12-15 June 1984) 105 29. Draft Recommendation of the Committee of Ministers on equality between women and men in the media 109 30. Draft Recommendation of the Committee of Ministers on the struggle against racial discrimination, hatred and violence 111 31. Defence of democracy against terrorism in Europe - Assembly Recommendation 982 113 *32. European Committee on Legal Co-operation (CDCJ) - Report of the 41st meeting (Strasbourg, 25-29 June 1984) 115
* B level CONFIDENTIAL CM/Del/Concl(84)375 - iv - *33. Ad hoc Committee of Experts for Identity Documents and Movement of Persons (CAHID) - Report of the 18th meeting (Strasbourg, 3-6 July 1984) 121 *34. Dangers of over-population of domestic animals for the health and hygiene of man, and humane methods of limiting such dangers - Assembly Recommendation 860 123 *35. Acquisition by refugees of the nationality of the receiving country - Assembly Recommendation 984 125 *36. Procedures for verifying applications for asylum - Written Question No. 275 by Mr Büchner 127 *37. United Nations Convention on the Law of the Sea - Assembly Recommendation 983 131 Economic and Social Questions 38. Committee of Senior Officials responsible for the preparation of the 3rd Conference of European Ministers of Labour - Report of the 1st meeting (Strasbourg, 16-18 May 1984) 139 39. Committee of Senior Officials responsible for the preparation of the 2nd Conference of European Ministers of Health (Strasbourg, 19-20 June 1984) 141 *40. European Health Committee (CDSP) - Report of the 15th meeting (Strasbourg, 18-20 June 1984) 143 *41. Committee on the Rehabilitation and Resettlement of the Disabled (Partial Agreement) (CD-P-RR) - Report of the 7th Session (Strasbourg, 15-17 May 1984) 145 *42. Steering Committee on Population (CDDE) - Report of the 4th meeting (Strasbourg, 5-8 June 1984) 147 *43. Steering Committee on Intra-European Migration (CDMG) - Report of the 10th meeting (Strasbourg, 15-18 May 1984) 149
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44. Employment in Europe - Assembly Recommendation 981 155 *45. Council of Europe Resettlement Fund - Report of the Governor for the financial year 1983 161 Education, Culture and Sport 46. 4th Conference of European Ministers responsible for Cultural Affairs (Berlin, May 1984) 163 47. Council for Cultural Co-operation (CDCC) - Report of the 46th Session (Strasbourg, 12-15 June 1984) 167 48. Comparative study of cultural policies 171 49. 4th Conference of European Ministers responsible for Sport (Malta, 15-16 May 1984) 175 *50. Cultural relations between Europe and Japan - Assembly Recommendation 954 179 Environment and Local Authorities 51. Draft European Convention for the Protection of International Watercourses against Pollution 181 52. Toxic Waste 185 53. Air pollution and acid rain - Assembly Recommendation 977 187 54. Standing Conference of Local and Regional Authorities of Europe (CLRAE) - Interpretation of Article 2(a) of the Charter of the CLRAE 191 *55. Steering Committee for Regional Planning (CDAT) - Report of the 4th meeting (Strasbourg, 2-4 April 1984) 193 *56. Exhibition on contemporary architecture - Assembly Recommendation 975 and Resolution 813 195 Press and Information 57. Europe Days 197
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Administrative Questions 58. Appeals Board - Appointment of members 199 59. Board of Auditors - Appointment of a member 201 *60. Convention on the Elaboration of a European Pharmacopoeia - Accession of Greece (contribution to the 1984 budget of the European Pharmacopoeia) 203 61. Preparation of forthcoming meetings 205 62. Other Business a. Dialogue with the Secretary General 207 b. Committee of Senior Officials responsible for the preparation of a European Ministerial Conference on Human Rights - Report of the 1st meeting (Strasbourg, 28 June 1984) 215 *c. Standing Conference of Local and Regional Authorities of Europe (CLRAE) - Draft agenda of the 19th Session (16-18 October 1984) 217 d. Holy See - Request for documentation 219 *e. Technical assistance relating to the integrated conservation of the cultural heritage of monuments and sites of the town of Guimaraes (Portugal) 221 *f. Review as at 1 July 1984 of the daily subsistance allowance rates for staff of the Co-ordinated Organisations travelling on duty - 202nd report of the Co-ordinating Committee of Government Budget Experts 223 g. European Music Year 1985 225 h. Residence Allowance of the Secretary General 227 i. Membership of the Budget Committee - Replacement of a member and an alternate member for the period ending on 31 December 1986 229
* B level CONFIDENTIAL - vii - CM/Del/Concl(84)375 APPENDIX I 375th meeting of the Ministers' Deputies (A and B levels) (Strasbourg, 17-25 September 1984) - Agenda al APPENDIX II 376th meeting of the Ministers' Deputies (Strasbourg, 18(3.00 pm) - 23 october 1984 A level, 24(3.00 pm) - 26 October 1984 - B level) - Draft agenda a9 APPENDIX III Recommendation No R(84)16 of the (item 28) Committee of Ministers of the Council of Europe concerning notification of work involving recombinant deoxyribonucleic acid (DNA) a15 APPENDIX IV Recommendation No R(84)17 of the (item 29) Committee of Ministers on equality between women and men in the media a19 APPENDIX V Recommendation No R(84)15 of the (item *32) Committee of Ministers to member States relating to public liability a23 APPENDIX VI Resolution AP(84)3 on a coherent policy for (item *41) the rehabilitation of disabled people a27 APPENDIX VII Decision No CM/342/250984 - Ad hoc terms of (item 46) reference (CDMM and CDCC) a79
APPENDIX VIII Recommendation No R(84)18 of the Committee of (item *47) Ministers to member States on the training of teachers in education for intercultural understanding, notably in a context of migration a81 APPENDIX IX Recommendation No R(84)19 of the (item 49) Committee of Ministers to member States on the "European Anti-Doping Charter for Sport" a87 APPENDIX X Decision No CM/343/250984 - Ad hoc terms of (item 49) reference (CDSS) a91 APPENDIX XI Daily subsistence allowance rates as from (item 62f) 1 July 1984 a93
CONFIDENTIAL - 1 - CM/Del/Concl(84)375
The 375th meeting of the Deputies was opened at B level on Monday, 17 September 1984 at 3 pm, under the chairmanship of Mr. K. A. Hampe, Deputy for the Minister for Foreign Affairs of the Federal Republic of Germany; it continued at A level from 19 September 1984 under the Chairmanship of Mr. R. Doise, Deputy for the Minister for External Relations of France.
PRESENT AUSTRIA Mr. H.G. Knitel Mr. N. Scherk Mr. P. Leifer (item 2) BELGIUM Mr. A. Vranken Mr. P. Jottard Mr. J. Aelvoet CYPRUS Mr. C. Papademas Mr. N. Yiannakis DENMARK Mr. K. Willumsen Mrs. J. Rechnagel Mr. W. Friis-Møller (item 2) FRANCE Mr. R. Doise, Chairman Mr. B. Widemann Mr. D. Labrosse Mr. P. Garrigue-Guyonnaud (item 2) FEDERAL REPUBLIC OF GERMANY Mr. K.A. Hampe, Vice Chairman Mr. H. Weisel Mr. P. Platte Mr. H. Göckel (item 2) GREECE Mr. N. Diamantopoulos Mr. D. Constantinou Mrs. D. Mavroskelidi Mr. A. Dendoulis Mr. I. Kinnas (item 2) ICELAND Mr. T. Thorlacius Mr. H. Olafsson IRELAND Mr. M. Flynn ITALY Mr. P.M. Antici Mr. A. Graffini Mr. L. Pivano Mr. S. Cattani (item 2) CONFIDENTIAL CM/Del/Concl(84)375 - 2 -
LIECHTENSTEIN HSH Prince Nicholas of Liechtenstein Mr. D. Ospelt LUXEMBOURG Mr. J. Hostert MALTA - NETHERLANDS Mr. C. Schneider Mr. P.H. Le Clercq NORWAY Mr. R. Knoph Mr. L.A. Ulland Mr. E. Bull (item 2) PORTUGAL Mr. J. Pereira Bastos Mr. J. da Rocha Páris Mr. M. Lopes da Costa (item 2) Mrs. A. Fernandes (item 2) SPAIN Mr. F. Baeza Mr. N. Ferrer Colom Mr. J. Garcia Casas Mr. J.M. Lopez-Aguilar (item 2) SWEDEN Mr. B. Arvidson Miss L. Karlsson Mr. F. Svedäng SWITZERLAND Mr. T. Raeber Mrs. R. Ledergerber Mr. J.F. Giovannini (item 2) TURKEY Mr. S. Korkud Mr. S. Özsoy Mr. K. Gür UNITED KINGDOM Mr. C.D. Lush Miss A. Stoddart Mr. J.N. Gibb (item 2) CONFIDENTIAL - 3 - CM/Del/Concl(84)375
In opening the meeting at B level, the Chairman welcomed Mrs. Ruth Ledergerber, Deputy Permanent Representative of Switzerland, Mr. Horst Weisel, Deputy Permanent Representative of the Federal Republic of Germany, Mr. Hauker Olafsson, Deputy Permanent Representative of Iceland, and Mr. Fredrik Svedäng, Deputy Permanent Representative of Sweden. He then announced that Mrs. Asgeirsdottir, Deputy Permanent Representative of Iceland, had received another posting, as had Mrs. Aygen, Deputy to the Permanent Representative of Turkey. He proposed writing to them on behalf of the Committee to thank them for their work. In the course of the meeting Mr. Constantinou, as doyen of the B level Committee, took leave of Miss Karlsson, Deputy Permanent Representative of Sweden, who was attending a meeting of the Committee for the last time. He was sure he spoke for all his colleagues in saying how sad he was that she was leaving Strasbourg. She had contributed charm and talent. He accordingly had no doubts of her success in her new post. The best wishes of all his colleagues went with her. The Director of Political Affairs joined on behalf of the Secretariat in the doyen's expression of good wishes and regret. He wished Miss Karlsson every success in her future career. Miss Karlsson said that her memories of her brief stay in Strasbourg would be ones of the friendship shown her by her colleagues and the Secretariat. Her work had been the easier for it and she had enjoyed the experience. She thanked her colleagues and the Secretariat for their friendliness.
In opening the meeting at A level the Chairman welcomed two new Ministers for Foreign Affairs as members of the Committee of Ministers: Mr. Jacques Poos, Minister for Foreign Affairs of Luxembourg, and Mr. Leopold Gratz, Minister for Foreign Affairs of Austria. He then welcomed a new Deputy who was attending a meeting of the Committee for the first time: Mr. Roald Knoph, Permanent Representative of Norway. He also greeted Mr. Costas Papademas, Ambassador of Cyprus in Bonn and a former Permanent Representative to the Council of Europe, who would temporarily be representing the Minister for Foreign Affairs of Cyprus as Mr. Pouyouros, Cyprus's Permanent Representative was unable to attend the Committee for health reasons. He proposed conveying to Mr. Pouyouros the Committee's wishes for his speedy recovery. CONFIDENTIAL CM/Del/Concl(84)375 - 4 -
Lastly, he conveyed the apologies of Mr. Sciberras, Permanent Representative of Malta, who was unable to be present.
The Chairman said that since the Deputies' last meeting he had represented the Committee of Ministers at two conferences: on 12 September 1984, he had attended the Ministerial Conference of the Pompidou Group in Paris in response to an invitation received from the Chairman of the Conference, assuming that the Committee would agree, as the Deputies duly confirmed. On 17 September 1984, he had also, as planned at the 374th meeting of the Deputies (June 1984, item 30) attended the Conference of Ministers of Research in Paris. In addition, together with several other Deputies, he had attended the Assembly's mini-session in Oslo on 25-28 June 1984; in this connection, he referred to Misc(84)28, which gave an account of the dialogue which had taken place in the Assembly's Standing Committee on 28 June 1984 and which would also be dealt with under items 3 and 4 of the agenda for the present meeting. Lastly, he had attended the exchange of views held in Paris on 13 September 1984 in connection with the meeting of the Assembly's Political Affairs Committee with Mr. R. Dumas, France's Minister for European Affairs and Chairman of the Committee of Ministers.
During the meeting, the Chairman took leave of Mr. Kjeld Willumsen, Permanent Representative of Denmark. A traditional diplomat but with an open mind towards modern trends, he had been very active over the past two and a half years which he had spent in Strasbourg; above all he had chaired the Ministers' Deputies with skill. He had also been a member of several Deputies' drafting groups. On behalf of the Committee, the Chairman wished him happiness and success. The Secretary General also took leave of Mr. Willumsen and paid tribute to the way in which he had chaired the Deputies, particularly during a period of budgetary difficulties. He thanked him for having eased contact with his Minister during the visit he (the Secretary General) had made to Denmark. Lastly, he had been able to convince his authorities of the need to have a permanent residence in Strasbourg. The Secretary General thanked him on behalf of the Secretariat and wished him well for the future. Mr. Willumsen thanked the Secretary General and the Chairman for their kind words. Although he was looking forward to his new post in Ankara, it was not without some regret that he was leaving this Committee at a time when it would be taking important decisions for the Organisation's future. He hoped he had made a positive contribution to the discussions on the reports of the two Deputies' working parties at present under consideration, the one on the future role of the Council of Europe, the other on its working methods. CONFIDENTIAL - 5 - CM/Del/Concl(84)375
He thanked all his colleagues for the friendship they had shown him and took pleasure in noting that, whatever differences of opinion might have arisen, the objective of European unification had never been lost sight of. He particularly thanked the Secretary to the Committee and his staff, who had been so helpful during his Chairmanship. Paying tribute to the Secretary General's devotion to the European cause, he wished him a long and happy, well-deserved retirement. Before leaving the Committee, he expressed the hope that the Council of Europe might envisage organising a campaign on road safety in Europe; as an Organisation pledged to the cause of human rights, it was the Council of Europe's duty to make every effort to help stop the unacceptable loss of life in road traffic accidents.
At the close of the meeting, the Chairman expressed great sadness at having to take leave of the Secretary General, Mr. Karasek, whose term of office was coming to an end. He recalled the tribute paid by his Minister, Mr. Roland Dumas, at the 74th session of the Committee of Ministers, to his very great qualities, his outstanding spirit of initiative, his open-mindedness, his sense of co-ordination and his exquisite kindness, all qualities which had enabled him to expand his experience, as a diplomat and as a politician in his own country, and as a member of the Parliamentary Assembly and Chairman of the Committee on Culture and Education. He had shown that he was a man of duty. To this quality he added that of analytical intelligence, flexibility and the art of listening to others. He mentioned some of the important aspects of his activity, inlcuding the improvement of internal relations within the Secretariat; from his very arrival he had succeeded in re-motivating the Secretariat. He had also improved relations between the Permanent delegations and the Secretary General. Among his political achievements, the Chairman particularly mentioned the development of political dialogue in the Committee of Ministers, which had been a focal point of the talks he had had during official visits to capitals. Foremost among his activities concerning the role of the Council of Europe in European unification was his effort to achieve an opening towards the East, which had remained unsuccessful for well-known reasons. Aware of the need to safeguard the Council of Europe's specific role and its primacy in the legal and cultural fields, he had been able to bring about that general awareness which had generated the Pahr report, which was at the origin of the present discussions in the Committee of Ministers and the Ministers' Deputies. In the course of his wide travel, he had carried the torch of the Council of Europe abroad; in Strasbourg, he had received many Heads of State and of Government, thus placing the Organisation in the public eye. CONFIDENTIAL CM/Del/Concl(84)375 - 6 -
In conclusion, Mr. Karasek had been a worthy artisan of European unification, to which he had devoted himself wholeheartedly. He could be proud of what he had done and could look forward with serenity to a new stage in his life. The Chairman wished to include Mrs. Karasek in his tribute and to wish them both every happiness for the future. The Deputy Secretary General said that Mr. Karasek had been the man the Council of Europe had been waiting for. Arriving at a time of great tension, he had enabled the Organisation to find a new calm. Despite the difficulties caused by budgetary restrictions he had succeeded in maintaining the Council of Europe's activities. Above all a politician, he had promoted a more outward-looking attitude towards non-European democratic countries, having been unable for reasons beyond his control to pursue his intended outward-looking policy towards Eastern Europe. He was a convinced European who believed in the mission of the Council of Europe. While it was customary to say that a good Secretary General was nothing without a good Secretariat, it must also be said that there was no good Secretariat without a good Secretary General. On behalf of all the staff he thanked him and wished both him and his wife every happiness for the future. Mr. Karasek made the following statement: "I thank you most sincerely for your far too generous words of praise. The Statute of the Council of Europe describes the Secretary General as the servant of the two bodies of the Organisation. My last week in office coincides with a meeting of your Committee and with the beginning of the Assembly's autumn session. I consider this a happy coincidence. It was in the Assembly, fourteen and a half years ago, that I began my association with the Council of Europe. I shall leave it next Monday with the feeling of having fulfilled my duty. I shall not follow up this remark by taking stock. Admittedly, the wishes and the many intentions of which one speaks on taking office are soon confronted with the political and administrative realities of an organisation in which 21 governments share the decision-making power. The untiring task of the Secretary General is to ensure that the common political will of the 21 governments coincides as closely as possible with those desires and intentions. My first remark concerns the working relations that I have had with the Committee of Ministers, that is to say, with yourselves. I think that together we have succeeded over the past 5 years in re-establishing a climate of fruitful and calm co-operation. This was crucial for the working of this House and I sincerely welcome it. CONFIDENTIAL - 7 - CM/Del/Concl(84)375
My second remark refers to the development of political dialogue as a sign of the strengthening of the political role of the Council of Europe. Those who, like me, have had the opportunity to observe the Organisation's development over 15 years can see that considerable progress has been made in recent years. The constant growth of dialogue, of exchanges of views and indeed of co-ordination between Ministers, political directors and experts, is proof that there was a need for co-ordination of joint political responsibility in democratic Europe in the widest possible framework. In saying this, I am not thinking only of matters of general policy, such as East-West and North-South relations; the first Conference of European Ministers responsible for Research provides another striking example of the Council of Europe's potential for political responsibility. My own efforts to consolidate this political role went hand in hand with my concern to confirm the Council of Europe's historical role in the progress of European unification. You know my major concern, which has been that our Organisation's institutional potential should be fully exploited in the sphere of intergovernmental co-operation. This co-operation must first and foremost take place between 21, indeed even 23 countries, for the benefit of nearly 400 million European citizens and it must aim to strengthen that European identity which is at the basis of unification and of any progress towards European integration. If I have many times advocated a more homogeneous European policy, at the service of the greatest possible number of Europeans, this was not in order to generate "parish-pump" political quarrels, or in order to be the partisan of the role of any particular European political structure, but in order to recall the spirit of the founding fathers of Europe. We must avoid creating, through inititatives limited to certain states, gaps and imbalances between the peoples of democratic Europe, just where the "European space" might be strengthened in the service of Europe as a whole. Allow me to refer you to a recent article that I wrote on this subject as a contribution to the special issue of the "RIVISTA DI STUDI POLITICI INTERNAZIONALI" devoted by the former President of our Assembly, Professor Giuseppe Vedovato, to the 35th anniversary of the Council of Europe. A copy of the article to which I am referring is being distributed to you at the moment; you will also shortly receive a copy of the whole of the special issue. My concern to maintain the role of the Council of Europe in the process of European unification has never been the expression of an unfavourable reaction to the Communities. On the contrary 1 have always stressed that the organisation of European Music Year was a commendable example of relations with the European Communities. This initiative should inspire other common action by the two Organisations. These relations have been facilitated by the personal bonds of friendship that I have always had with the representatives of the Community institutions. Only two weeks ago, I had the pleasure of meeting the Secretary General of the Commission, Mr. Noël, and the Secretary General of the European Parliament, Mr. Opitz, for a last discussion with them before leaving office. CONFIDENTIAL CM/Del/Concl(84)375 - 8 -
In the process of European unification, the Council of Europe is an effective instrument of intergovernmental co-operation. It is therefore for the governments of the member States to use it to the greatest possible advantage of their peoples. Mr. Chairman, you can observe that my last words are a plea for the Council of Europe, characterised by confidence in its potential. Allow me to end by thanking you personally for all the support that you have given me over the past few years, by thanking your colleagues who preceded you in the Chair and all the members of this Committee and their Deputies for their cordial and effective co-operation. May I be allowed to reply now to the kind words that the Deputy Secretary General has just addressed to me. In the past 5 years we have successfully practised among the Secretaries General that complementarity which is so often spoken of within this House, as in relations with other European institutions. I thank Mr. Nino Adinolfi from the bottom of my heart for his advice and unfailing co-operation, which have so often helped me in my task. I also wish sincerely to thank the Heads of the Directorate of Political Affairs and of the Secretariat of your Committee, Mr. Leleu and Mr. Furrer, and all their helpers who by their professional and personal commitment have enabled me to create that most propitious climate for work that I referred to at the start of my statement. I should like finally to thank the Secretariat as a whole, and in particular the Directors who have often been called before you to supply you with additional information and to present the point of view of the Secretary General. Nor should I wish to fail to express my gratitude to the excellent interpreters and to all members of the Secretariat without distinction of grade, for their contribution to the European cause." CONFIDENTIAL - 9 - CM/Del/Concl(84)375 Item 1
1. ADOPTION OF THE AGENDA
The Representative of Turkey said that as far as item 6 was concerned (Situation in Cyprus) the position of his delegation remained unchanged with regard to both the substance and the form.
Referring to item 2 of the agenda (North/South - Exchange of views with the participation of experts) to be held on 24 September 1984, the Chairman recalled his suggestion that one of the rapporteurs of the Assembly's Committee on Economic Affairs and Development might be invited to present the Lisbon Declaration, adopted at the Assembly Conference "North/South: Europe's Role" (April 1984), and said that Mr. Aarts (Netherlands) would be ready to accept such an invitation. He noted that there was agreement on this proposal. Decision The Deputies adopted the agenda for their 375th meeting (September 1984 - A and B levels) as it appears at Appendix I to these Conclusions.
CONFIDENTIAL - 11 - CM/Del/Concl(84)375 Item 2
2. NORTH/SOUTH Exchange of views with the participation of experts (Concl(84)374/2)
On 24 September 1984 the Deputies held an exchange of views, with the participation of experts, on North/South questions. The following theme and sub-themes were chosen for the exchange : General evaluation of the North/South dialogue on the eve of the 39th ordinary session of the United Nations General Assembly, including in particular: - Evaluation of the results of the 29th session of the Council of UNCTAD (September 1984) and the 4th UNIDO Conference; - The Lisbon Declaration on North/South relations and the reactions of the Third World to that Declaration (CM(84)99); - Debt problems of third world countries in the light of the London summit (June 1984); - Africa: problems resulting from drought and environmental damage, as well as the decline in agricultural production. With regard to the last sub-theme, the Representative of Switzerland distributed a memorandum (CM/DP-NS(84)1). The Chairman said that he would draw up, under his own responsibility, a report on the exchange of views and distribute it as soon as possible. In the course of the exchange of views, the Deputies discussed with Mr Aarts, co-rapporteur of the Assembly's Committee on Economic Affairs and Development, the Assembly Conference "North/South - Europe's Role", held in Lisbon, and the declaration which was adopted on that occasion. CONFIDENTIAL CM/Del/Concl(84)375 - 12 - Item 2
Mr. Aarts made the following statement: "Mr Chairman, Thank you for having given me the opportunity to speak before you today on the follow up to the Lisbon Conference on "North-South: Europe's Role" held in Lisbon last April. I hope that my contribution to your exchange of views may help in developing fruitful co-operation between your Committee and the Parliamentary Assembly in the realisation of the aims of the Declaration. First of all I wish to recall briefly that the Conference was in many respects the first of its kind. Never before in the Council's history has there been a gathering between such a large number of members of parliament and government or their representatives from virtually all member States. Here I wish to add that the Assembly was most impressed by the active participation in the Conference of the then Chairman of the Ministers' Deputies, Ambassador Willumsen, and several other members of your Committee. We equally appreciated the encouraging statement made by the current Chairman of the Committee of Ministers, Mr Roland Dumas, Minister for European Affairs of France. The support and magnificent hospitality offered by our host country, Portugal, was another crucial factor for the Conference's success. Secondly, it was the first time that - at such a high level meeting - Europe's responsibility vis-à-vis the Third World was debated intensively and on the basis of authoritative reports from practically all the major international organisations concerned, notably the European Communities, OECD and important UN specialised agencies, such as UNDP, the World Bank and IMF. Thirdly, the Conference listened to the views of several leaders from the Third World who were most representative, that is to say the Chairman of the Group of 77, the Minister for Foreign Affairs of India speaking on behalf of the non-aligned countries, and the Prime Minister of Cape Verde speaking for the Portuguese speaking African nations. Finally, there was an important representation from NGO's and a wide press coverage. The Parliamentary Assembly had chosen to organise this Conference for a variety of reasons. One of the most important was our concern at the worsening situation in many of the developing countries, particularly in Africa and Latin America. You are, of course, aware of certain trends. The debt situation of many among these countries is alarming. Their terms of trade have continued to deteriorate and access to markets of the industrialised countries for their manufactures suffers from a resurgence of protectionism in the industrialised countries. Demographic growth in many of them offsets or more than offsets economic growth on a per capita basis with little prospect of an immediate change in this situation, and the ecological CONFIDENTIAL - 13 - CM/Del/Concl(84)375 Item 2 deterioration in large parts of Africa, Latin America and Asia gives rise to considerable concern. The Assembly - aware of these negative developments - felt that the holding of the Conference was necessary and even overdue. It was meant to stem the tide, precisely at a time of considerable economic difficulties in the industrialised world. However we must also be realistic and not close our eyes to the difficulties which must be overcome if we wish to make some real progress in the North-South relationship. At the Conference the 250 or so European parliamentarians adopted the Lisbon Declaration. In 15 operational paragraphs this text addresses comprehensively the key problems in the North-South relationship. Since you are already familiar with its content I shall not go into great detail here. Moreover a summary of the Declaration is contained on pages 19 to 21 of the report Mr Holtz and I shall present to the Assembly on 1st October (Doc. 5271). I should like to stress that the Declaration had the unanimous support of the parliamentarians present in Lisbon. The Declaration is drawn up in realistic terms and does not propose any measures or action that are really beyond the means of our member States. We should, above all, see the Declaration as a policy statement about Europe's responsibility. Many European political leaders have already endorsed various of the proposals in the Declaration, whereas a number of countries do already implement some of them. For example four Council of Europe member States have achieved the 0.7% target of GNP for ODA. Several have reached the 0.15% target of GNP for ODA to the least developed countries. The paragraphs on food strategies have been drawn up after long discussions with the relevant international organisations, in particular with the Commission of the European Communities, and seem to meet with consensus. All the European member countries of IDA were in agreement on its replenishment to the level proposed in the Declaration. Most if not all Council of Europe member States agree to strengthening the role of IMF in solving the serious debt problems many third world countries are facing. These examples merely serve to illustrate that many of the proposals in the Lisbon Declaration do not ask for any action which the Council of Europe member States are in no position to undertake. Another important point is that there is a growing awareness in our countries that a proper European approach to North-South problems is necessary. The differing attitude of the United States to the latest replenishment of IDA is an example. The need for a better co-ordination of European bilateral aid is another one. Unfortunately there have been too many cases of overlapping or competitive bilateral aid programmes notably in Africa. Aid resources are scarce and must be used rationally. Another factor in favour of strengthening European co-operation is the need to institute some form of consultation and co-ordination on North-South issues among Community and non-Community countries. CONFIDENTIAL CM/Del/Concl(84)375 - 14 - Item 2
The Sub-Committee on "North-South: Europe's role" which has been established to follow and promote the implementation of the Lisbon Declaration has already met the Minister of Development Co-operation of Norway, Mrs Brusletten, and the State Secretary for Development Co-operation of Belgium, Mr de Donnea. Both agreed with the fundamental aims of the Declaration and the need for better European co-ordination. We intend to meet other responsible members of government. I would also refer to the statement made by the Chairman of the Committee of Ministers, Mr Dumas, to the Political Affairs Committee of the Assembly on 13 September 1984 stressing the importance of discussing North-South questions within the Council of Europe. I may also remind you of the statements which President Mitterrand and President Eanes made in the Assembly on the same subject. The Lisbon Declaration is currently under examination in the Commission of the European Communities with a view to submitting a paper to the Working Party on Development Co-operation of the Council of the Communities. Moreover it has given the Assembly warm satisfaction to learn that it will be circulated as an official UN document on the initiative of the competent French authorities. We hope that in the general debates of the UN General Assembly, which will begin this week, as well as in the Second Committee, member States will refer to the Lisbon Declaration. The time may now have come for the institution of a new and imaginative form of political co-operation at European level in order to prepare the ground for a more prominent and better co-ordinated role of Europe in the North-South relationship. Co-operation with the other industrialised nations remains, of course, very important but Europe has its own responsibility and, hence, its own role to play if it does not wish to be overshadowed by or assimilated to different philosophies and attitudes prevailing among its non European partners. The main purpose of the Lisbon Conference was to analyse the major problems facing mankind in the coming decades, caused by a rapidly increasing world population, rapid ecological deterioration and dwindling resources. To give only one example, in the year 2000, and on a per capita basis, we shall have 35% less drinking water than now. It is time for Europe to take imaginative action and to try to implement a policy for North-South co-operation which is more efficient, better geared to the needs of the developing countries and devoid of narrow self-interest. The need to increase public support for such action is evident. In our democratic societies we must make a greater effort to mobilise public support for North-South co-operation. That is why one of the main proposals in the Lisbon Declaration is the launching of a European public campaign on economic interdependence and survival. We discussed this campaign with several members of government and with non-governmental organisations as well as with the Deputy Director General for Development of the Commission of the European Communities. CONFIDENTIAL - 15 - CM/Del/Concl(84)375 Item 2
They all pledged us support in principle and would like to receive more detailed information. We believe it is indispensable to be assured of our own Committee of Ministers' support for such a campaign as proposed in paragraph 20 of the Lisbon Declaration. Only with the support of the Committee of Ministers can we join forces with the NGO's, the unions, churches and other intergovernmental organisations to organise the campaign. Moreover, the Council of Europe has acquired great experience in the organisation of campaigns; witness the success of European Nature Year and the campaigns on architectural heritage and on urban renewal. To sum up Mr Chairman, the Assembly would be greatly encouraged if your Committee could agree to give serious attention to the Lisbon Declaration and to use the Council of Europe as a framework for follow up action. To be pragmatic we propose that the Committee of Ministers should concentrate first of all on the various proposals where progress could be made without much difficulty. It could then pursue and intensify its discussions on North-South questions in general with a view to achieving a better co-ordination of bilateral aid and lastly to give the Council the necessary means for the organisation of a European public campaign on North-South interdependence and global survival. Mr Chairman, I am afraid I was too long, but I am, of course, at your disposal if you wish to receive more information." The Representative of Switzerland, supported by the Italian expert, thanked Mr. Aarts for his statement and congratulated the Assembly for the initiative it had taken on matters concerning the North/South relationship and the third world. The parliamentary dimension to the North/South dialogue was most important, for parliamentarians could mobilise governments and public opinion alike. The Parliamentary Assembly could make an important contribution in this respect. The Danish expert said that he had listened to Mr Aarts' statement with great interest. He agreed with the Representative of Switzerland that the interest shown in this matter by the Assembly was very important. Often long-term interests in such matters were overshadowed by short-term considerations (such as unemployment and inflation etc). Mobilisation of public opinion and motivating Europeans at the parliamentary level should be welcomed as a follow-up to the Declaration adopted in Lisbon. In this context, public awareness to issues such as interdependence in North/South relations should be increased, in particular by organising campaigns - an idea which his government would welcome. Furthermore the Council of Europe's membership meant that it would serve as a useful forum for discussions between European countries and the developing world on such matters as financial and economic problems. He recalled in this context the statement made by the then Chairman of the Committee of Ministers at the 74th ministerial session. CONFIDENTIAL CM/Del/Concl(84)375 - 16 - Item 2
The French expert also thanked Mr. Aarts for his statement and said that the conclusion reached by the experts participating in the exchange of views on this matter earlier in the morning session was that there should be a political will in order to mobilise public opinion. One could hardly achieve this at the governmental level only; parliamentarians also had their role to play. The Austrian expert expressed his gratitude to Mr. Aarts for his statement. He recalled that Austria had always attached great importance to relations between the two Organs of the Council of Europe and their further improvement. Their exchange of views was a good example of improved relations. He expressed agreement with the previous speakers that the Council of Europe, and in particular the Assembly, had an important role to play in stimulating public opinion on important matters such as interdependence in world economic relations, which would no doubt lead to a better understanding of the problems to be faced. This role would become all the more important if Europe were to speak with one voice. The Representative of Portugal thanked Mr. Aarts for his statement and welcomed his and Mr. Holtz's efforts to submit a report and a draft Recommendation to the Assembly on North/South issues following the adoption of the Lisbon Declaration in April 1984. He appreciated the Assembly's pragmatic approach to the follow-up to the Declaration. Expressing agreement with the views that no new structures should be set up to deal with North/South issues and that one could make fuller use of the existing structures in order to attain the goals, he considered that the following three factors were essential: - exchanges of views on North/South issues should be an on-going process, - joint action (which would provide a reciprocal stimulus) should be taken by the Committee of Ministers and the Assembly, and - mobilisation of public opinion. Portugal was ready to play its part in this "crusade". The Norwegian expert also thanked Mr. Aarts. The Norwegian government considered the Lisbon Declaration an important document. He agreed that Europe had an important and independent role to play in North/South matters, indeed it was already playing such a role. The Council of Europe provided a unique forum to establish relations at the governmental and parliamentary levels to discuss and examine North/South issues. Mr. Aarts said that he had listened with great interest to the comments made and expressed his agreement with the observations made. He agreed that one had to distinguish between long-term and short-term objectives; it was true that long-term and wider considerations were overshadowed by short-term questions such as unemployment, inflation, CONFIDENTIAL - 17 - CM/Del/Concl(84)375 Item 2 etc and governments thus became inward-looking and short-sighted. The principal aim of the Declaration adopted in Lisbon was not to offer solutions or remedies for the problems faced today; it concerned the problems that humanity would face in the 1990s and in the year 2000. What was needed was a development policy for third world countries which would have a moral impact on governments of Western Europe. He emphasised that public opinion should be mobilised on specific issues such as interdependence in world economic relations and that a lot could be done not only by parliamentarians but also by governments, non-governmental organisations, the churches, etc. Mr. Aarts concluded by expressing his agreement with the Austrian expert that Europe had to speak with one voice and that the political momentum of the Conference held in Lisbon in April 1984 should be maintained. The Chairman expressed his gratitude to Mr. Aarts for the interesting and eloquent statement he had made. He noted there had been wide support from speakers for the need to mobilise public opinion in favour of the Third World and the special role to be played in this respect by the Council of Europe. He hoped that it would be possible to discuss North/South questions at the enlarged Joint Committee (Colloquy) on 21 November 1984.
CONFIDENTIAL - 19 - CM/Del/Concl(84)375 Item 3
3. ROLE OF THE COUNCIL OF EUROPE IN THE PROCESS OF EUROPEAN UNIFICATION Report of the Ministers' Deputies' working party (Concl(84)373/3, CM(84)63, 143 and 192)
The Chairman recalled that at the Deputies' 373rd meeting (May 1984, item 3), he had said in his summing up that the Secretariat should analyse the views expressed on the report of the Deputies' working party on the role of the Council of Europe in the process of European unification (CM(84)63), and during the exchange of views with Mr. Emile Noël, Secretary General of the Commission of the European Communities at their 374th meeting (June 1984, item 3 and Addendum I) and drew up, in close contact with the members of the working party, a working document designed to facilitate further discussions on CM(84)63. The Secretariat had also been invited to try to identify those points which could lend themselves to inclusion in a draft Resolution to be adopted by the Ministers at their 75th Session in November 1984. The points which did not warrant submission to Ministers could be left to the Deputies to take appropriate decisions on. In accordance with these instructions, the Secretariat had prepared CM(84)143. Furthermore, the delegations of Switzerland and Austria had submitted on behalf of their governments draft Resolutions of Council of Europe action in the political field and on co-operation between the Council of Europe and the European Communities (CM(84)192). Following discussion, the Chairman noted that there was agreement not to discuss Part A of the Secretariat's document (Points in the working party's report on which consensus has not yet been reached), but to follow the example of when Resolution (74)4 on the future role of the Council of Europe was adopted and to submit the Deputies' working party's report (CM(84)63) to Ministers as background material together with the Committee's proposals. The working party's report could be declassified thereafter. As for Part C of CM(84)143 (Points for subsequent discussion by the Deputies), he noted that "Conferences of Specialised Ministers" and "Relations with the Assembly" would be discussed at the same time as the working party's report on working methods and that other aspects concerning the Council of Europe relations with the outside world would be discussed in the course of the Deputies' 377th meeting (November 1984). CONFIDENTIAL CM/Del/Concl(84)375 - 20 - Item 3
Regarding Part B of CM(84)143 (Points which could lend themselves to inclusion in a draft Resolution to be adopted at the 75th Session of the Committee of Ministers), he said that the Committee would concentrate its attention on the draft proposals put forward by the Swiss and Austrian delegations in CM(84)192 which had been prepared in the light of these points. He invited the Representative of Switzerland to introduce CM(84)192. The Representative of Switzerland thanked his colleagues for the warm reception that they had given to the proposals by the Swiss and Austrian delegations on the role of the Council of Europe in European construction (CM(84)192). These texts had been drawn up in accordance with the instructions given by Ministers at the 74th session of the Committee of Ministers according to which they "instructed their Deputies to submit their proposals concerning the role of the Council of Europe in the process of European unification and on strengthening and enlarging co-operation between the Council of Europe and the European Communities for their 75th session in November 1984 and to make suggestions for the possible implementation of those proposals". The first draft Resolution dealt with "Council of Europe action in the political field"; the second dealt with "co-operation between the Council of Europe and the European Communities". They were based on the report of the working party on the role of the Council of Europe (CM(84)63) and on the Deputies' discussions on it. The first draft Resolution contained almost all the points in Part B of Secretariat document CM(84)143, whereas the second draft Resolution also contained additional points in its operative parts IV-VIII. In his opinion, both texts were virtually self-explanatory but he nevertheless wished to comment on the operative parts of the second draft Resolution on co-operation between the Council of Europe and the European Communities. Operative part I reflected the spirit of the working party's report and took up many of the points of Part B of CM(84)143. Operative part II reflected all the main proposals made in the working party's report but did not include any decision on substance. It only gave instructions to the Secretary General concerning his contacts with the competent bodies of the European Communities, outlining the negotiating procedure and some possible results. The practical intention of the Swiss and Austrian delegations in submitting both draft Resolutions was to provide, in a structured way, fairly complete material for discussion and decision. Complete did not mean that delegations were not free to add to the material if they so wished. The material should not be regarded as the lowest common denominator for a compromise but as the expression of a specific idea concerning the construction of Europe. Both draft Resolutions were based on the idea that the process of European unification formed a whole but took several forms. Its aim was to promote cohesion, or, to use a more active idea, solidarity between Europeans. CONFIDENTIAL - 21 - CM/Del/Concl(84)375 Item 3 The process of unification must mean that the widest possible European area, with all its internal diversity, should be embraced with a view to preserving and developing the essential aspects of European values and the European personality and to preparing structures capable of meeting possible opportunities in the future. At the present time, all the European democracies were free to pursue the aim of solidarity between Europeans. This solidarity was indispensable for all these democracies, taken individually or collectively. Every effort should be made to maintain and encourage it. The process of European unification was not uniform and straight- forward. On the economic front there were the European Communities and EFTA, two institutions, which did not group together the same member States, working side by side with a view to strengthening the economic area referred to in the Luxembourg Declaration adopted on 9 April 1984 at the Ministerial meeting between the European Community and its member States and EFTA States. In the democratic sphere there were the European Communities and the Council of Europe and here the ten member States of the Commmunity were also members of the Council of Europe. Each institution, with its own origins, organs, procedures, legal expression and interests was making its contribution to the building of Europe. They should all respect each other and have an interest in promoting each other's aims. That did not mean that individual organisations should be regarded as an end in themselves. This conception of relations between organisations would ensure that each member State, in the best possible way, promoted its own interests and contributed to the aim of European unity. Turning to the development of the action of the European Communities in other fields not foreseen in the Treaty of Rome, the Representative of Switzerland said that the draft Resolutions were based on the premise that this development should not be regarded as a threat but as an encouragement for the Council of Europe for greater collaboration and co-operation between the two institutions. The fact that the Council of Europe was according high priority to the question of co-operation between the two institutions could not be regarded as interference in the activities of the Communities, but as an offer to serve together the overall idea referred to above. The first draft Resolution submitted by his delegation and the delegation of Austria expressed the Committee's political preoccupations, whereas the second draft Resolution set out the Committee's conclusions from an institutional point of view. The two texts were complementary and should be seen as a whole. They should therefore be discussed together. This was important at the present time since the Ministers had called for proposals on both aspects for the 75th Session. He therefore asked delegations to concentrate their attention on both texts. The Representative of Portugal congratulated his Swiss and Austrian colleagues for their pragmatic approach to the problem. However, he thought it important that a reference should be made in one or the other draft Resolution to the question of Conferences of Specialised Ministers. CONFIDENTIAL CM/Del/Concl(84)375 - 22 - Item 3
The Representative of Norway expressed appreciation and support for the initiative taken by his Swiss and Austrian colleagues. Having draft Resolutions on the table helped make discussions more concrete. He considered it desirable to have two Resolutions, and announced that he would add certain points from the working party's report during the discussion of the texts. The Representative of Cyprus said that his Government was on record as attaching great importance to the political dialogue within the Council of Europe. For this reason it had welcomed the proposals which had been put forward in the past by Mr. Aubert, Head of the Department for Foreign Affairs of Switzerland. He congratulated the Swiss and Austrian Delegations for their initiative. The Representative of Liechtenstein supported both draft Resolutions. The Representative of Sweden welcomed the draft Resolutions and would seek clarification on certain points in due course. The Representative of Greece welcomed the pragmatic approach adopted by his Swiss and Austrian colleagues. The Representative of Turkey said that the draft Resolutions were an excellent basis for discussion. The Representative of the United Kingdom said that the first draft Resolution would present little difficulty for his delegation since he would propose only minor changes. However, the second draft Resolution was likely to be more of a problem, especially in view of the fact that it contained ideas which had not been advanced in the working party's report. Accordingly, he would prefer the Deputies to restrict their discussion at the present meeting to the first draft Resolution. The Representative of Belgium congratulated his Swiss and Austrian colleagues on their initiative. Like his United Kingdom colleague, he was ready to start discussion at the present meeting on the first draft Resolution. However, he would have to voice a general reservation on the second draft Resolution at the present time. The Chairman noted that the Deputies would resume discussion of this item at a later stage in the meeting. They would concentrate on the first draft Resolution but that did not mean that consideration of the second draft Resolution could not be started. CONFIDENTIAL - 23 - CM/Del/Concl(84)375 Item 3
Draft Resolution of the Committee of Ministers on Council of Europe action in the political field The Chairman called for general comments on this draft Resolution. The Representative of Italy said that the draft did not stress sufficiently the political approach which must inspire the Council of Europe's work as a whole. Furthermore, the operative part of the Resolution should be reinforced by incorporating decisions on concrete action to be undertaken. If this were not done, Ministers would be called upon to adopt a text of a general nature which would contribute little to the political impetus to be given to European co-operation.
The Representative of the Federal Republic of Germany shared this view. He would suggest an additional paragraph to be included in the preamble to the Resolution when discussion of this part of the text was broached. The Representatives of Austria and Switzerland agreed with the need to reinforce the practical nature of the Resolution and said that they would make specific proposals under the operative paragraphs. Paragraph 4 of the preamble The Representative of Austria preferred to use the word "challenges" rather than the word "dangers". The Representative of France proposed deletion of the words "real and potential". He also said that "rapidly changing European society" could be modified to read "the changes affecting European society". Paragraph 6 of the preamble The Representative of Switzerland said that this paragraph was designed to stress the need for greater political, rather than technical, impetus to be given to the work of the Council of Europe. Perhaps it could be reworded to give more concrete form to this idea. Additional proposal The Representative of the Federal Republic of Germany proposed that a third paragraph be inserted in an appropriate place in the preamble along the following lines: "Considering that the political profile of the Council of Europe would be strengthened by greater concentration of sectoral activities in the field of intergovernmental co-operation, by giving them more political direction and by assigning priorities". CONFIDENTIAL CM/Del/Concl(84)375 - 24 - Item 3
Operative paragraph I The Representative of Austria said that the list of examples of political dialogue did not include the colloquy between the Committee of Ministers and parliamentarians. It might therefore be preferable to include the word in particular in the second line. The Chairman said that the question of relations between the Committee of Ministers and the Assembly was dealt with in operative paragraph V. Operative paragraph II The Representative of Sweden said that it would be important to define the meaning of the word "cohesion". He favoured the definition suggested by the Secretariat in part A of CM(84)143 which read: "drawing all member States closer together in pursuance of the aim of the Statute of the Council of Europe and thus leading to more awareness of the European identity". First sub-paragraph The Representative of Italy remarked on the differences between the text submitted by his Swiss and Austrian colleagues and that set out in the report of the working party. In particular, he noted that the phrase "from a political standpoint" had been modified to read "from a general standpoint". In his opinion, it was essential to maintain the word "political" which was the underlying reason for this paragraph and for the Resolution as a whole. The Representative of Switzerland said that his authorities would study these remarks carefully. The Representative of Austria suggested that this sub-paragraph be worded as follows: "providing opportunities for consideration of, and if possible harmonising positions on, the aims, means and follow-up to their European co-operation policy in the fields where the Council of Europe has acquired competence and which are of interest to all the member States of the Council". Second sub-paragraph The Representative of Belgium, supported by the Representatives of the United Kingdom and Cyprus, expressed a reservation about including the phrase "and, if possible, providing pointers for the development of member States' foreign policies". CONFIDENTIAL - 25 - CM/Del/Concl(84)375 Item 3 The Representative of Denmark said that her government was in principle in agreement with the ideas laid down in the draft. She pointed out, however, that a major extension of the present political dialogue might pose some practical problems to the Danish authorities as to the full coverage of the subjects proposed, owing to the limited resources which after all were available to them. The Representative of Italy, supported by the Representative of the Netherlands, expressed a serious reservation about deleting this phrase which had been very carefully worded. It was not a question of elaborating a common foreign policy, but of underlining the usefulness of concertation between the member States meeting together in the Council of Europe. It was for each member to draw its own conclusions from this concertation procedure and lay down its own national foreign policy as it wished. The Representative of Sweden proposed that the word "national" be inserted before the phrase "foreign policies". This would make the point made by his Italian colleague abundantly clear. The Representative of Switzerland said that his authorities had placed the phrase in square brackets to draw attention to it and to elicit comments thereon. They were inclined to favour maintaining the whole paragraph. Besides, the wording added nothing new to present practice. The Representative of Austria shared this view. The Representative of the United Kingdom said that the word "concertation" did not exist in English. Could not another word be found which meant the same as the French "concertation"? "Co-ordination" would not be acceptable. Third sub-paragraph The Representative of Italy thought the new wording of this sub-paragraph had been considerably weakened. He would much prefer the formula proposed by the working party, modified in the light of certain statements, ie "to permit the Committee of Ministers to adopt a common attitude to events in which the principles and ideals on which the Organisation is based are upheld or are flagrantly violated". He referred in this context to the Declaration adopted by the Deputies on the Sakharov affair. Fourth sub-paragraph The Representative of Norway noted that in this sub-paragraph terrorism and drug addiction had been singled out for special mention. He wondered whether the list ought to be reviewed to include the problem of unemployment. He also questioned whether drug addiction - although certainly one of the "major issues facing society" - could be described as a threat to democratic ideals. The Representative of Sweden said that the problem of drug addiction should be seen in a different context. Like his Norwegian colleague, he would prefer to include a reference to the problem of unemployment. CONFIDENTIAL CM/Del/Concl(84)375 - 26 - Item 3
The Representative of Switzerland, supported by the Representative of Austria, said that the enumeration had included threats for which the Council of Europe could reasonably be expected to offer some solutions. This was more difficult in the case of unemployment. However, the enumeration to be included in this sub-paragraph could be discussed further. Fifth sub-paragraph The Representative of Belgium spoke in favour of deleting this sub-paragraph because, in his authorities' opinion, it would be too presumptuous on the part of the Council of Europe to have this objective as one of the major aims of political dialogue. The Representative of Italy said the deletion of this aim would mark a major step backwards for the Organisation. He admitted that the aim was ambitious, but it had been very carefully worded. The Council of Europe should make every effort to play a role when problems between its members were involved. The Representative of Greece raised the question of problems which were already being dealt with in other organisations. Should the Council of Europe try to interfere? The Representative of the United Kingdom also had doubts about the feasibility of the Council of Europe being able to achieve the aim set out in this sub-paragraph but he could nevertheless go along with it. The Representative of Switzerland, supported by the Representative of Austria, said that their authorities were very much in favour of this sub-paragraph which had been carefully drafted, as their Italian colleague had stressed. It was understood that duplication in this field between international organisations should be avoided. Nevertheless, the aim was an essential one for the Council of Europe and one which should serve to strengthen the cohesion between its members. Additional sub-paragraph The Representative of Norway noted that an aim proposed by the Deputies' working party had been omitted: the one which read "to avoid the development of a gap between States, whether members of the European Community or not". He proposed that a further aim be added which would read as follows : "to promote cohesion among the 21 countries of the Council of Europe and thus to avoid the development of a gap between the member States, whether members of the European Community or not". The Representative of Sweden agreed with this proposal. The Representative of Switzerland said that the proposal could be examined further. CONFIDENTIAL - 27 - CM/Del/Concl(84)375 Item 3
The Representative of Turkey said that in his opinion an aim had been omitted from the list namely the importance of the selection of international problems for discussion within the framework of political dialogue. The Representative of Switzerland said that this matter could be discussed under operative paragraph III. Operative paragraph III The Representative of Italy stressed the importance of this paragraph which in his opinion should be made more incisive and concrete in character. In the working party's report (IV.4 of CM(84)63) it was stated that the proposals made were designed to achieve the ends (ie those outlined in operative paragraph II) "by exploiting the inherent possibilities of a multilateral gathering whose members have a fundamentally like-minded approach to problems". There was a great number of convergences of opinion within the Committee of Ministers. These were sometimes codified in such texts as the final communiqué issued at the end of Ministerial sessions. Greater efforts to codify them could be made on other occasions. There should be political debates on various aspects of European co-operation. A number of proposals had already been put forward by the working party on working methods. Time should be made available for political, and not technical, debates on important European problems. Ministers themselves should be encouraged to examine and take a stand on these problems. The Representative of Austria suggested the following additional phrase to the existing paragraph: "In this context special importance should be given to the judicious choice of themes for the dialogue and for the thorough preparation of the discussion, each State being encouraged to supply contributions in good time to allow for thorough preparation". The Representative of Luxembourg noted that special reference was made to the Secretary General in this paragraph. Could not reference also be made to the Ministers' Deputies. Operative paragraph IV The Representative of Belgium, supported by the Representative of Greece, stressed the confidential nature of the discussions held by Ministers during their informal meetings and by the political directors. He did not see any useful purpose in transmitting to governments accounts of these meetings which would inevitably detract from their confidential nature. The Representative of Norway supported this view. His authorities laid great store by the informal character of the meeting of Ministers on the eve of Ministerial sessions. An attempt should not be introduced to keep a written record of their discussions. CONFIDENTIAL CM/Del/Concl(84)375 - 28 - Item 3
The Representative of Turkey stressed the importance of respecting the statutory provisions concerning the disclosure of discussions in the Committee of Ministers. Furthermore, he thought that this paragraph was couched in somewhat vague language. The Representative of Austria said that delegations should take appropriate measures to ensure that concrete follow-up action was taken in member States on the political dialogue. Perhaps this idea could be incorporated in the paragraph. The Representative of Luxembourg said that the Deputies should be involved in the follow-up process. Operative paragraph V No comments were made. Draft Resolution of the Committee of Ministers on Co-operation between the Council of Europe and the European Communities The Representative of Belgium was in agreement with the general thrust of the draft Resolution. In particular his authorities agreed to a mandate being given to the Secretary General and were also in favour of instituting a flexible system of liaison between Brussels and Strasbourg. However, they had reservations about joint meetings between COREPER and the Ministers' Deputies. Furthermore, they did not think it was appropriate to take a stand on the question of a permanent presence of the Commission in Strasbourg. Finally, they were against the proposal contained in operative paragraph VII (European civil service). Decisions The Deputies 1. instructed the Secretariat to prepare a working document reflecting the various amendments and suggestions concerning the draft Resolution of the Committee of Ministers on Council of Europe action in the political field (pages 3 to 5 of CM(84)192) in contact with the authors of that text; 2. agreed to resume consideration of the draft Resolution referred to in (1) above, together with the draft Resolution of the Committee of Ministers on co-operation between the Council of Europe and the European Communities (pages 6 to 10 of CM(84)192) at A level at their 376th meeting (October 1984 - A and B levels). CONFIDENTIAL - 29 - CM/Del/Concl(84)375 Item 4
4. THE WORKING METHODS IN THE COUNCIL OF EUROPE Report of the Ministers' Deputies' working party (Concl(84)373/2, CM(84)55 and Addendum)
The Representative of Sweden, Chairman of the working party on the working methods in the Council of Europe, recalled that the working party had presented its report at the 369th meeting of the Deputies (March 1984, item 2) and that there had been a positive reaction on the whole to the proposals set out in that report (CM(84)55 and Addendum). Later on at the 373rd meeting (May 1984, item 2), the Deputies had given further consideration to the working party's report and had adopted a number of decisions including a Directive to the Steering Committees and all other committees with programming functions concerning the choice and priority-rating of activities proposed for inclusion in the draft annual programmes. Furthermore he recalled that, in accordance with the decision of the Deputies taken at their 373rd meeting (May 1984, item 6a) he had attended, together with the Chairman of the Deputies and the Permanent Representative of Switzerland (member of the Deputies' Working Party on the role of the Council of Europe in the process of European unification) as well as other Permanent Representatives, the meeting of the Assembly's Standing Committee on 28 June 1984 during the mini session in Oslo. His impression was that it had been most useful to forward to the President of the Assembly the report of his working party (CM(84)55) as well as the report of the working party on the role of the Council of Europe (CM(84)63). Mr Baumel (Chairman of the Assembly's Political Affairs Committee) had welcomed the spirit of co-operation shown by the Chairman of the Deputies and his colleagues in communicating to the Standing Committee, on a confidential basis, the reports still under discussion by the Ministers' Deputies. He had noted that in general the Assembly had welcomed the proposals made by the working party on the working methods. As regards the proposed points evaluation system (CM(84)55 paras. 46-48), the Representative of Sweden recalled that at the 373rd meeting the Deputies had agreed to resume consideration of this matter, if possible at the present meeting, in the light of the proposals to be made by the working party on the arrangements for implementing such a system. He further recalled that at the 369th meeting (March 1984, item 2), during the first reading of the working party report, the Secretary General had said that he had asked the Secretariat to consider the proposal for a points system more fully CONFIDENTIAL CM/Del/Concl(84)375 - 30 - Item 4 and that he might comment on it in more detail at a later date. The working party itself had had a meeting in early September to discuss this matter. Furthermore, it had had contacts with the Secretariat with a view to discussing the political aspects of this proposal as well as the technical details of its implementation. The working party did not wish to present proposals to the Deputies at the present meeting concerning the arrangements for implementing the proposed points evaluation system, in particular in view of the fact that the members of the working party considered that it would be more appropriate to wait until after Mr Oreja, Secretary General elect, assumed his functions on 1 October 1984. Finally, the Representative of Sweden said that so far only 10 delegations had commented on the various proposals set out in the working party's report; if other delegations wished to make comments, the working party would be only too pleased to consider them. The Representative of Portugal said that the question of Conferences of Specialised Ministers deserved high priority in view of their political importance. This had been stressed both in the report of the working party as well as in the report of the working party on the role of the Council of Europe (CM(84)63). He believed that Conferences of Specialised Ministers were far more important than the implementation of the proposed points evaluation system and that the Committee of Ministers should discuss this question as a matter of urgency. The Representative of the United Kingdom regretted that the points evaluation system could not be implemented already this year on a purely provisional trial basis without commitment. An attempt could have been made to introduce it already at this stage and it could have served as an additional source of information during the Deputies' consideration of the draft Programme of Activities for 1985. One could also have learnt from the trial how it might be improved. The Representative of Belgium expressed his agreement with the Representative of the United Kingdom. Furthermore, referring to the meeting of the Assembly's Standing Committee in Oslo (Misc(84)28), he said that he did not share the views expressed that the rapporteurs of Assembly's committees should be invited to meetings of intergovernmental committees of experts. In particular he expressed disagreement with the Chairman of the Assembly Committee on the Budget and the Intergovernmental Work Programme (Misc(84)28 page 13), where he had referred to the "need for greater involvement of the Assembly in expert committees". CONFIDENTIAL - 31 - CM/Del/Concl(84)375 Item 4
The Representative of Belgium said that Council of Europe's committees of experts were composed of govermental experts and that no political pressure should be exerted on them by involving Assembly representatives in their meetings. The Chairman wondered if the working party on the working methods could present a timetable and suggestions as to how the Deputies could deal with the matters in the working party's report that had not yet been dealt with.
At a later stage during the meeting, the Representative of Sweden, in his capacity as the Chairman of the working party on the working methods, said that he would propose that the Deputies examine at their 376th meeting (October 1984 - A and B levels) the following matters: - Relations between the Committee of Ministers and the Assembly, - Conferences of Specialised Ministers. The Secretariat would prepare documents on these subjects in consultation with the working party which could be considered at the 376th and again at the 377th meetings. To this end he proposed that the 377th meeting of the Deputies (November 1984 - A level) be extended by a day which would be devoted to the discussion of these documents. As far as the proposed points evaluation system was concerned he reiterated the view that it would be preferable for the Deputies to consider this matter after the new Secretary General had expressed his opinion on this proposal. Decision The Deputies agreed to resume consideration of : a. Relations between the Committee of Ministers and the Assembly (see CM(84)55 - Chapter E and CM(84)63 paragraphs IV.18 - IV.22); b. Conferences of Specialised Ministers (see CM(84)55 - Chapter F and CM(84)63 paragraphs IV.14 - IV.17) at A level at their 376th meeting (October 1984 - A and B levels).
CONFIDENTIAL - 33 - CM/Del/Concl(84)375 Item 5
5. COMMITTEE OF MINISTERS Preparation of the 75th Session (CM(84)192 and 195)
The Chairman said that the Secretary General had drawn up a provisional agenda for the 75th Session of the Committee of Ministers and this was contained in CM(84)195. Referring to item 2 of the provisional agenda (Statutory declaration by the Secretary General), he said that this was the declaration foreseen in Article 36e of the Statute and would take only a matter of minutes. As for item 4 (The role of the Council of Europe in European construction), he confirmed that there would be written reports on the progress of European co-operation by the President of the Council of the European Communities (Ireland), the Chairman of the EFTA Council (Switzerland) and the Secretary General. He expressed the wish on the part of the Committee that these reports would be made available in good time for them to be studied carefully in capitals before the ministerial Session. The Representative of Austria supported the proposals made by the Secretary General in CM(84)195. The Representative of Switzerland agreed with the proposal by the Secretary General that the agenda should be shorn of routine items. He therefore supported the proposal to replace "Progress of European co-operation" by "The role of the Council of Europe in European construction". However, it was important for Ministers to address each time a main theme of European co-operation. For the 75th Session, he suggested the inclusion of an additional item entitled "Relations between the Council of Europe and the European Communities". The Representative of Luxembourg said that in his opinion the most important aspect of the forthcoming Session would be the discussion of the role of the Council of Europe and its relations with the European Communities. The Representative of Austria supported the idea of concrete discussion by Ministers on a particular theme. This theme could be selected in the light of the content of the various reports referred to by the Chairman. CONFIDENTIAL CM/Del/Concl(84)375 - 34 - Item 5
The Representative of Italy stressed the importance of concentrating the Ministers' debate on a concrete subject with a European dimension. Furthermore, Ministers could be invited to turn their attention to a topical subject relating to international affairs and this could be selected nearer the date of 22 November. Finally, he wondered if there would be a separate item on the agenda devoted to North/South questions. The Representative of Portugal agreed with previous speakers concerning the need to address concrete problems. As far as North/South questions were concerned, he recalled that Ministers had instructed their Deputies at their 74th Session on 10 May 1984 to study the Lisbon Declaration in the light of the Assembly's deliberations on the subject and to report back. The Chairman said that now that it was known that the Assembly would debate the question of the Lisbon Declaration during its forthcoming part-session on 1 October, he was of the opinion that such an item could be included in the draft agenda. He recalled in this context the discussion under item 2 of the agenda of the present meeting (North/South - Exchange of views with the participation of experts). The Representatives of Sweden and Liechtenstein said that under the item "Role of the Council of Europe in European co-operation" the question of working methods should be raised and the need to concentrate the Organisation's programme of activities in line with political priorities. In reply to a question by the Representative of Luxembourg, the Secretary General said that the Secretary General's annual progress report had not been published at the beginning of 1984 as envisaged. However, he hoped that it would appear at the end of 1984 but that decision would depend on his successor. Turning to the organisational arrangements for the 75th Session, the Chairman outlined the timetable which his Minister had suggested. He recognised that there were a number of innovations and would welcome comments from delegations thereon. CONFIDENTIAL - 35 - CM/Del/Concl(84)375 Item 5 Suggestions by the Chair for the timetable and organisation of the various meetings on the occasion of the 75th Session of the Committee of Ministers (21 and 22 November 1984) Wednesday 21 November 1984 4 pm Opening of the 75th Session of the Committee of Ministers Items on the agenda : - Statutory Declaration by the Secretary General - The role of the Council of Europe in European construction 6 to 7.30 pm Colloquy between Ministers and Parliamentarians Meeting of Political Directors 8.00 pm Informal meeting of Ministers (possibly before or after a buffet dinner) Meeting of Political Directors and Permanent Representatives (with buffet dinner) Thursday 22 November 1984 9.30 am Continuation of the 75th Session of the Committee of Ministers: Items on the agenda: - East-West relations and European security - The role of the Council of Europe in European construction (continuation and end of discussion) 12.30 pm Press conference given by the Chairman of the Committee of Ministers 1.00 pm Lunch with Committee of Ministers and members of the Assembly (stocktaking of Session, relations between the Committee of Ministers and the Assembly) 3.30 pm Continuation of the 75th Session of the Committee of Ministers Items on the agenda : - Any outstanding item - Adoption of the final communiqué CONFIDENTIAL CM/Del/Concl(84)375 - 36 - Item 5
The Chairman explained that the Colloquy had been purposely incorporated after the opening of the formal Session to facilitate greater ministerial participation in the event. He wished to specify that the dinner on 21 November could form part of the Ministers' informal meeting. The Representatives of the Federal Republic of Germany, Austria, Norway and Portugal congratulated the Chair for making these new proposals and supported them. The Representative of Luxembourg had reservations about the arrangements for the Colloquy because of Ministers' availability. He would prefer the Colloquy to start before the opening of the formal Session. The Representative of the United Kingdom wondered if it would be wise to separate Ministers and Permanent Representatives and Political Directors at the evening meal. Furthermore he expressed doubts about the advisability of starting the formal Session at 4 pm; he thought his Minister at least would prefer a 6 pm start. The Representative of Denmark supported this view. The Representative of Sweden wished to support the Chair's proposals but asked for the draft communiqué to be distributed during the morning of 22 November at the latest when Ministers would still be available. The Representative of Italy said that it would be useful for Political Directors to have an opportunity of discussing with their Ministers the results of their own meeting before Ministers started their informal meeting. The Representatives of Switzerland and Turkey said that they were in favour of the Chair's proposals but hoped that the best possible time could be found for the formal opening of the Session. The Chairman invited delegations to reflect further on his proposals. Referring to the remarks by his Swedish colleague concerning the press communiqué, he hoped that it would be possible for the preliminary draft communiqué to be shown to Political Directors during their meeting on 21 November for any comments they may have. Decision The Deputies agreed to resume consideration of this item at A level at their 376th meeting (October 1984 - A and B levels). CONFIDENTIAL - 37 - CM/Del/Concl(84)375 Item 6
6. SITUATION IN CYPRUS (Concl(84)374/6)
The Representative of Cyprus recalled that this item on the agenda was designed so that delegations could be informed of any important developments concerning Cyprus. He would therefore like to supply some information about talks which were being held at the present time in New York. The United Nations Secretary General had submitted to the two sides on 7 August 1984 "working points" and had asked them if they were prepared to meet him and to elaborate on them further. He had emphasised the highly confidential nature of these points. President Kyprianou and Mr. Denktash had responded favourably to this invitation and they had been in New York since 6 September for proximity talks, ie each side meeting the Secretary General separately. The first round of these proximity talks had been expected to finish at the end of the second week of September but it was still continuing. Mr. Kyprianou had made the following statement regarding the talks on 14 September: "I cannot refer to the contents of the talks because we have committed ourselves to confidentiality. I can say, however, that there is an in-depth and substantive discussion on all the aspects of the Cyprus problem, on all the working points of the UN Secretary General and generally on the Cyprus problem as a whole. It is not easy to make forecasts. The UN Secretary General thought it expedient to continue his consultations next week. As far as we are concerned I must repeat that we are co-operating with sincerity and good will with the Secretary General in an effort to contribute as much as we can to the achievement of progress towards a solution to the Cyprus problem." It was expected that the proximity talks would be adjourned during the present week of September and be resumed in New York in October. The Representative of Cyprus said that the Deputies should be officially informed of these developments in view of their past interest in the situation in his country. These developments represented a ray of hope for the future. However, because of the delicacy of the talks and in order to respect their confidentiality, he could not divulge any further information. For the time being it was not possible for the Committee of Ministers and the Parliamentary Assembly and its organs to intervene in this process. CONFIDENTIAL CM/Del/Concl(84)375 - 38 - Item 6
The Representative of Turkey, whilst reiterating his delegation's reservation on this item, recalled that his authorities had always been of the opinion that the only way for reaching a solution was for direct talks between the parties under the auspices of the UN Secretary General without foreign interference and on an equal footing. He expressed the wish that these talks would be successful. The Chairman welcomed these two statements and was pleased to note that there was a glimmer of hope for the future. CONFIDENTIAL - 39 - CM/Del/Concl(84)375 Item 7 7. CONFERENCES OF SPECIALISED MINISTERS (Concl(84)374/7, CM(78)62, CM(84)30 rev.)
The Secretary General reported on the following Conferences of Specialised Ministers : 1. The 6th Conference of European Ministers responsible for Local Authorities would be held in Rome from 6 to 8 November 1984. As far as the first theme was concerned, namely the European Charter of Local Self-government, the Steering Committee for Regional and Municipal Matters (CDRM) which was responsible for the preparation of the Conference would be adopting at its next meeting, on 20-21 September 1984, a text that was an amended version of a draft prepared by the Standing Conference of Local and Regional Authorities of Europe (CLRAE). It would be considered by the Ministers in Rome for final adoption and subsequent submission to the Commitee of Ministers. The political introduction of the draft Charter would fall to the Italian Minister for the Interior, Mr Scalfaro. As for the second theme, "Relationships between the various levels of local administrations under a regional administration" the CDRM would be adopting a basic technical report. In this case the political introduction would fall to the Portugese Minister of Internal Administration, Mr Pereira. A Colloquy would be arranged at which the Ministers and representatives of the Assembly and of the CLRAE would discuss the two themes. The Secretary General recalled that as far as the observers were concerned, invitations had been addressed to Finland, Yugoslavia and OECD. 2. The Conference of European Ministers responsible for the Architectural Heritage would be held in Granada (Spain) in October 1985. The Spanish authorities had informed the Secretariat that they would be willing to put the date of the Conference forward to 7 to 11 October to fit in with the new dates of 21 to 24 October 1985 proposed by the Netherlands authorities for the 7th Conference of European Ministers responsible for Regional Planning and with the European Colloquy on Human Rights planned to be held in Seville early in November 1985. The Committee of Senior Officials in charge of preparations for this Conference would like observers to be invited to its meetings. This question had been included on the draft agenda of the Deputies' 376th meeting so that the observers could begin attending the Senior Officials meetings from the next one on 3 and 4 December 1984.
CONFIDENTIAL - 41 - CM/Del/Concl(84)375 Item 8a
8. RECOMMENDATIONS OF THE COMMITTEE OF MINISTERS TO MEMBER STATES a. Reports by the Governments on Recommendations included in the 1981 - 1982 selection (CM(84)138 and Add. and Add. II and Add. III, 151 and Add. and Add. II, 152 and Add., 156 and Add. and Add. II, 157 and Add. and Add. II, 158 and Add. and Add. II, 160 and Add., 162, 168 and Add., 169 and Add., 170 and Add.)
The Representative of Italy wished to stress the importance of this item: this was the first occasion on which the action taken by Governments on Committee of Ministers Recommendations had been discussed. Noting that some States had still to report on the action which they had taken on the selected Recommendations, he wondered whether an appeal should not be issued for the purpose of obtaining the missing information. The steering committees and ad hoc committees concerned should also be asked to submit a consolidated report to the Deputies, since this would help to provide the information which the Committee of Ministers would transmit to the Assembly. The Representative of the Federal Republic of Germany proposed that the steering committees should not give their verdict until replies had been received from all the Governments. In the meantime, the data should be sent to them for information purposes only. The Representative of Switzerland stressed the desirability of sending the Governments' reports for study to the committees concerned, and instructing them to submit a consolidated report to the Committee of Ministers. It was only at that final stage that the question of informing the Assembly would arise. The Representative of Austria favoured the immediate sending of the reports to the steering committees and the Assembly. He also pointed out that, owing to the large number of Resolutions selected, most States apparently had not been able to prepare reports on all of them; the next selection should thus be more restricted. CONFIDENTIAL CM/Del/Concl(84)375 - 42 - Item 8a
Basically, the Representative of the United Kingdom agreed with the Representative of the Federal Republic of Germany. Since only a limited number of States had answered on each Recommendation, it would not be reasonable to ask the committees concerned to consider possible action while their information was still incomplete. All the States should also be put on an equal footing vis-à-vis the Assembly. He therefore proposed, firstly, that the reports be sent to the committees solely for information purposes and, secondly, that no information be sent to the Assembly at this juncture. The Representative of Spain agreed with the Representatives of the Federal Republic of Germany and the United Kingdom and suggested that a new deadline be set for those Government replies which had not yet been received. The Representative of Norway thought that the Governments' reports should be sent to the committees concerned. Every Committee should, however, be left to decide whether the information in its possession allowed it to envisage taking action. The Secretary to the Committee pointed out that, at their 333rd meeting, the Deputies had decided that examination of the reports by the steering committees and ad hoc committees of experts would not extend to implementation of the Recommendations by the member States, which might be seen as a kind of check on government action, but "would be carried out in the context of the activities of the Council of Europe and may lead to future action by the Organisation, such as the up-dating of the Recommendation(s) examined". This examination would also be conducted "in the context of the Medium Term Plan and the Annual Programmes of Activities, having regard to new developments on the question concerned and the emergence of new needs". In the light of these texts, he suggested that, when the reports were sent to the committees, a clear reference should be made to the Committee of Ministers' intention in instituting the system of selective reports on the implementation of Recommendations to the member Governments. The Representatives of Cyprus, Sweden, Switzerland and Spain were in favour of the reports' being examined by the committees along the lines indicated by the Secretariat. The Repesentative of Sweden, supported by the Representative of Switzerland, stressed the need to insist that the steering committees reply within a reasonable time. CONFIDENTIAL - 43 - CM/Del/Concl(84)375 Item 8a
The Representative of Austria proposed that the steering committees be asked to reply by 30 June 1985. The Representative of Italy was also in agreement. However, he again insisted on the need to issue an appeal for the purpose of obtaining information from a greater number of States. Decisions The Deputies 1. invited those governments which have not yet done so to present, if possible by the end of 1984, reports on the Recommendations of the Committee of Ministers to member States included in the 1981-1982 selection for examination of any action taken on them (Concl(82)351/9 and 352/9); 2. instructed the Secretary General to refer the governments' reports to the competent steering committees and ad hoc committees of experts, asking them to consider whether it would be advisable to advocate measures in the context of the Medium-Term Plan and annual programmes of activities, bearing in mind any new developments in the questions concerned and the emergence of new needs, and to report to the Committee of Ministers on this question by 1 July 1985 at the latest; 3. agreed to decide on the question of the information to be given to the Assembly when they have received the reports requested from the competent steering committees and ad hoc committees of experts.
CONFIDENTIAL - 45 - CM/Del/Concl(84)375 Item 8b b. 1983 - 1984 Selection (CM(84)171)
The Chairman noted that six of the Committee's Recommendations to the Governments of member States had been proposed, mainly by the steering committees concerned, for the 1983-1984 selection for examination of the follow-up action taken on them by Governments (CM(84)171). He suggested that they be considered in order. The Representatives of the United Kingdom and Norway were pleased that only a limited number of texts had been proposed, since this would make it possible to achieve more effective results. The Representative of the the United Kingdom had doubts as to the interest of selecting Resolutions (75)13, on the social situation of nomad populations in Europe, and (72)18, of methods of establishing statistics on international migrations of workers. Replying to a question by the United Kingdom Representative, the Secretary to the Committee said that, in cases where no list of specific questions had been drawn up on one of the selected Recommendations, Governments would be asked to reply on the Recommendation as a whole. The Deputies proceeded to vote on each of the proposed Recommendations. Recommendation No. R(79)7 on the setting up of payment of mixed career penions: 6 in favour; Resolution (75)13 on the social situation of nomad populations in Europe: 10 in favour; Resolution (72)22 on the suppression of and guaranteeing against unjustifiable discrimination: 15 in favour, 0 against and 4 abstentions; Resolution (72)18 on methods of establishing statistics on international migrations of workers: 14 in favour, 2 against and 3 abstentions; Resolution (74)31 on health care and social work for old people living at home: 15 in favour, 0 against and 5 abstentions; Recommendation No. R(81)6 on the participation of women and men in an equitable proportion in committees and other bodies set up in the Council of Europe: 15 in favour, 0 against and 5 abstentions. CONFIDENTIAL CM/Del/Concl(84)375 - 46 - Item 8b
Decisions The Deputies 1. made the following 1983-1984 selection of Committee of Ministers' Recommendations to member States on which governments will be invited to report on action they have taken: 1. Resolution (72)22 on the suppression of and guaranteeing against unjustifiable discrimination, 2. Resolution (72)18 on methods of establishing statistics on international migrations of workers, 3. Resolution (74)31 on health care and social work for old people living at home, 4. Recommendation No R(81)6 on the participation of women and men in an equitable proportion in committees and other bodies set up in the Council of Europe; 2. instructed the Secretary General to transmit to the governments of member States, through the Permanent Representatives, the texts of each of these Recommendations, accompanied where appropriate by the explanatory memorandum, and by the questions on which it would be desirable to obtain information from governments; 3. decided to set 30 April 1986 as the time limit for submission of reports on action taken on the selected texts. CONFIDENTIAL - 47 - CM/Del/Concl(84)375 Item 9
9. CONSULTATIVE ASSEMBLY - STANDING COMMITTEE (Oslo, 25-28 June 1984) Texts adopted
Recommendation 985(1984) on the supply and utilisation of human blood and blood products Recommendation 987(1984) on European Pilgrim Routes Decision The Deputies agreed to examine these texts at B level at their 376th meeting (October 1984 - A and B levels). Recommendation 986(1984) on the International Institute of Human Rights Decision The Deputies agreed to examine this Recommendation at A level at their 376th meeting (October 1984 - A and B levels). Recommendation 988(1984) on East-West relations Resolution 826(1984) on East-West relations Resolution 827(1984) on East/West scientific and technological relations Order No. 422(1984) on East/West scientific and technological relations The Chairman said that at the meeting of the Assembly's Standing Committee in Oslo on 28 June 1984 he had informed the Assembly representatives that the exchanges of views on the CSCE in the Committee of Ministers were designed to contribute to the decision making process of member governments and that they had not thus lent themselves to the adoption of common stands, still less to stands to be made public subsequently. Furthermore, he had stressed the difficulties of making available to the Assembly information supplied to the Committee of Ministers concerning the CSCE because of the need for consensus. Finally, he had underlined the Committee's reticence about using the Council of Europe as a forum for systematically standing in judgment on other States. CONFIDENTIAL CM/Del/Concl(84)375 - 48 - Item 9
The Representative of Sweden said that at the meeting of the Standing Committee in Oslo he had noted that some of the members of the Assembly, for example the Chairman of the Assembly's Legal Affairs Committee, had wondered if the meetings of the Joint Committee would not be an appropriate forum to which the Committee of Ministers could report on the CSCE. Furthermore, the Chairman of the Assembly Committee of non-member States, referring to the question of the attendance of officials from the Office of the Clerk of the Assembly at the Deputies' meetings on the CSCE, had said "without revealing the position of individual governments, this system had served a valuable purpose in keeping Assembly committees informed of the broad lines of intergovernmental policies, and thus in helping to ensure that the proposals made by the Assemby of their various Recommendations and Resolutions were as relevant and as constructive as possible. The CSCE and the whole Helsinki process were a particularly striking example of this, and of the direct interest of the committee he chaired". The Representative of Sweden said that in the view of his authorities the exchanges of views on the CSCE should be treated in the same way as meetings of Political Directors, and that detailed reports from the Committee of Ministers on the implementation of the Helsinki Final Act and the Madrid Concluding Document by the CSCE participating States were not necessary. The Representative of Austria said that his authorities welcomed Assembly Recommendation 988 and Resolution 826. They considered the Council of Europe as a fitting forum for dealing with matters relating to the CSCE and in particular for clarifying member States' points of view. However, the Council of Europe should not be considered as a forum for condemning non-member States. If the aim of Recommendation 988 was to establish a system of self-monitoring of the member States of the Council of Europe on the implementation of the Helsinki Final Act and the Madrid Concluding Document, Austria would be in favour of such an idea. However, if it was mainly aimed at criticising East European countries, his delegation would be opposed to it. There was in fact no need to aggravate the relationships between East and West, which were already strained. His authorities believed that it would be for other bodies, specially set up for this purpose, to monitor the implementation of the Helsinki Final Act and the Madrid Concluding Document. Austria was in favour of constructive co-operation on this matter, rather than seeking East/West confrontation. The Representative of Denmark said that her authorities had expressed scepticism on Assembly Recommendation 988. Implementation of the Helsinki Final Act and the Madrid Concluding Document were being discussed in other fora, and sufficient information was already available there. If the results of consultations in the Council of Europe were to be made public and they got a more operative character in connection with the submission of the proposed report, the whole consultation process could suffer as a result. CONFIDENTIAL - 49 - CM/Del/Concl(84)375 Item 9
The Representative of Italy said that the representatives of the Assembly would no doubt raise this matter further at the meeting of the Colloquy/Enlarged Joint Committee on 21 November 1984. He thought that it might be appropriate for the Deputies to prepare a joint reply for their Ministers if a request similar to the one made in Recommendation 988 were to be made on that occasion. The Representative of Belgium said that there was a proper forum outside the Council of Europe for monitoring the CSCE process and that it was not for the Council of Europe to establish a further control system of the member and non-member States. The Assembly should be told this clearly at the Colloquy on 21 November. The Representative of Norway said that it was true that the Council of Europe was an important forum for human rights matters and that it would be desirable to have broad participation when CSCE matters were discussed. However, the idea of presenting a detailed report every year to the Assembly on the implementation of the Helsinki Final Act and the Madrid Concluding Document to the CSCE participating States was not a good way of proceeding and would, no doubt, lead to duplication of work in other fora. His delegation would be in favour of repeating the reply to Assembly Recommendation 988 given to Recommendation 973 on the CSCE Madrid meeting by the Deputies at their 366 meeting (January 1984, item 4). The Representative of Switzerland expressed his agreement with the statement made by his Austrian colleague; it was not for the Committee of Ministers of the Council of Europe to emphasise East/West differences for example on the implementation of the Helsinki Final Act and the Madrid Concluding Document. The Deputies could say in their reply to Recommendation 988 - or if necessary at the Colloquy - that the Assembly had the means to seek and obtain documentation and information on this matter and that it could, itself, make proposals to the Committee of Ministers on the basis of that information. The Assembly should itself take the initiative and reflect further on this matter. The Chairman summed up by saying that Recommendation 988 was similar to Recommendation 973 on the CSCE Madrid meeting (cf. Concl(84)366/4). All those who had participated in the discussions on this matter at the present meeting had expressed their relunctance to present a detailed report on the implementation of the Helsinki Final Act and the Madrid Concluding Document to the Assembly every year. In their opinion the Deputies should maintain the status quo. The Deputies might therefore wish to include Assembly Recommendation 988, Resolutions 826, 827 and Order No. 422 in their file concerning the preparation of the 75th Session of the Committee of Ministers to be held on 22 November 1984 (see item 5 of the Agenda of the present meeting) with a view to agreeing on the reply to be given by Ministers during the Colloquy, if this question were raised by parliamentarians. CONFIDENTIAL CM/Del/Concl(84)375 - 50 - Item 9
Decision The Deputies agreed to include these texts in their file on the preparation of the 75th session of the Committee of Ministers. Resolution 823(1984) relating to the activities of the International Committee of the Red Cross (ICRC) Resolution 824(1984) on the return of Argentinian expatriates to their country of of origin Resolution 825(1984) on the long-term management of fish resources Decision The Deputies took note of these Resolutions. Opinion No 119(1984) on the Council of Europe general accounts and budgets for the years 1982, 1984 and 1985 Opinion No 120(1984) on the programme/budget for the operational expenditure of the Assembly in 1985 Action The Deputies agreed to examine these Opinions during their discussions on the draft budget for 1985, at A level, at their 378th meeting (November/December 1984 - A and B levels). CONFIDENTIAL - 51 - CM/Del/Concl(84)375 Item *10
*10. REVIEW OF ACTION TAKEN BY THE COMMITTEE OF MINISTERS ON RECOMMENDATIONS ADOPTED BY THE CONSULTATIVE ASSEMBLY (Concl(83)362/12, CM(84)136)
Decisions The Deputies 1. instructed the Secretariat to place the following Assembly Recommendations on the agendas of subsequent meetings, in such a way as to ensure that they can be discussed in good time: Recommendation 935(1982) on the revival of disadvantaged rural areas Recommendation 940(1982) on European cultural co-operation Recommendation 944(1982) on salary negotiation policy in in the Co-ordinated Organisations Recommendation 959(1983) on associating Finland with Council of Europe activities in the field of migration Recommendation 966(1983) on heavy metals in agricultural soil Recommendation 969(1983) on the sale of European pharmaceutical products in the countries of the Third World Recommendation 971(1983) on the protection of detainees from cruel, inhuman and degrading treatment or punishment Recommendation 976(1984) on the Council of Europe's contribution to cultural co-operation with Latin America Recommendation 979(1984) on the future of health structures; 2. noted that the following Assembly Recommendations would be discussed at the present meeting: Recommendation 860(1979) on the dangers of over-population of domestic animals for the health and hygiene of man and on humane methods of limiting such dangers (item 34 of the agenda of the present meeting) CONFIDENTIAL CM/Del/Concl(84)375 - 52 - Item *10
Recommendation 954(1982) on cultural relations between Europe and Japan (item 50) Recommendation 962(1983) on development co-operation and human rights (item 26) Recommendation 975(1984) on an exhibition of contemporary architecture (item 56) Recommendation 977(1984) on air pollution and acid rain (item 53) Recommendation 981(1984) on employment in Europe (item 44) Recommendation 982(1984) on the defence of democracy against terrorism in Europe (item 31) Recommendation 983(1984) on the United Nations Convention on the Law of the Sea (item 37) Recommendation 984(1984) on the acquisition by refugees of the nationality of the receiving country (item 35); 3. adopted the following reply to Assembly Recommendation 930(1981) on book pricing: "In its interim reply to Recommendation 930 on book pricing, the Committee of Ministers said that it had transmitted that Recommendation for information to the Council for Cultural Co-operation (CDCC) with a view to it being included in the file of the latter's project group on Cultural Industries and that it had instructed the Secretariat to present a feasibility study on the problems dealt with in Recommendation 930. Since then the Committee of Ministers has been informed that, without taking a stand on the content of the Recommendation, the project group was not in a position to take it into consideration, because it would concentrate its time until the end of 1985 on music in order to make a useful contribution to European Music Year. The feasibility study will be postponed until such time as the project group is in a position to give careful consideration to the question of book pricing, taking into account the situation prevailing in member States. The Committee of Ministers will inform the Assembly of the conclusions of this study in due course in the framework of the Statutory Report." CONFIDENTIAL - 53 - CM/Del/Concl(84)375 Item 11
11. NOMINATION OF CANDIDATES FOR THE ELECTION OF A JUDGE TO THE EUROPEAN COURT OF HUMAN RIGHTS IN RESPECT OF CYPRUS
The Representative of Cyprus said that the internal procedure in Cyprus for the designation of candidates for the election was continuing. He therefore wished to ask for postponement of this item to a forthcoming meeting of the Deputies. The Representative of Turkey expressed a reservation on both the substance and the form of this item. Decision The Deputies agreed to postpone this item to one of their forthcoming meetings.
CONFIDENTIAL - 55 - CM/Del/Concl(84)375 Item 12
12. ELECTION OF A MEMBER OF THE EUROPEAN COMMISSION OF HUMAN RIGHTS IN RESPECT OF CYPRUS
The Representative of Cyprus said that the internal procedure in Cyprus for the designation of candidates for the election was continuing. Consequently, he understood that no candidates were at present being forwarded from the Cypriot side to the Assembly. He noted that in these circumstances this item could be postponed to a forthcoming meeting of the Deputies. The Representative of Turkey expressed a reservation on both the substance and the form of this item. Decision The Deputies agreed to postpone this item to one of their forthcoming meetings.
CONFIDENTIAL - 57 - CM/Del/Concl(84)375 Item 13 13. DORES AND SILVEIRA AGAINST PORTUGAL Decision to be taken under Article 32 of the European Convention on Human Rights (Concl(84)374/13, Letter HD/C84 of 9.11.83)
The Chairman recalled that the applicants in this case, relying on Article 6(1) of the European Convention, had complained that the length of the civil proceedings to which they had been parties had exceeded the reasonable time specified in that Article, and that the European Commission of Human Rights had concluded that there had been a breach of Article 6(1). The Representative of Portugal made the following statement: "1. The Commission did not regard the special circumstances in which the Portuguese courts found themselves after the democratisation of the country in 1974 as sufficient to warrant the delay in the administration of justice complained of by the applicants. The Portuguese courts had been placed in the situation described in paragraphs 64 et seq. of the Commission's report. The same situation also occurred in the Guincho versus Portugal case, recently heard by the Court, whose judgment is to be referred to the Committee of Ministers in accordance with Article 54 of the Convention. Here I should like to say that the Portuguese authorities find it disquieting that insufficient account was also taken of these circumstances in the Guincho case. Because of this situation, the Portuguese authorities started to reorganise the judicial system through a series of changes which have already been made and have brought about certain improvements. The Dores and Silveira case, incidentally, involves a labour dispute, as can be seen from paragraphs 18, 19, 33 and 34 of the Commission's report. 2. The applicants (see paragraphs 61-63 of the report) opted for conciliation and received compensation which had been freely negotiated and accepted. This put an end to the damage of which they had complained, and restored them to their earlier position. It thus seems questionable whether it was really in the applicants' interests to petition the Commission. In this connection, it was suggested that the Commission should acknowledge the parallel with the Preikhzas versus the Federal Republic of Germany case (see paragraph 63 of the report), but this was refused. In its report, however, the Commission does not make the slightest suggestion about paying the applicants additional compensation. CONFIDENTIAL CM/Del/Concl(84)375 - 58 - Item 13
3. To my delegation's surprise, even though paragraph 83 of the Commission's report acknowledges that the Portuguese judicial authorities gave the applicants' cases priority once the delay had been noted, the Commission made no allowance for this attempt to make up for lost time. Moreover, in February 1982, the Portuguese Government's agent (see pages 8 and 9 of the 'observations' submitted to the Commission) stated that this situation had led the Supreme Council of the Judiciary to order two inspections and lay down criteria for normalising the service. With regard to the proceedings which led to Mr Silveira's application, as soon as it had learned of the irregularity the Higher Council took action to make up for the delays by issuing instructions that gave priority to the case. Consequently, with all due respect for the Commission's decisions, the Portuguese authorities consider that the applicants have already obtained just satisfaction, and for this reason they do not accept that there has been a breach of Article 6 in the Dores and Silveira versus Portugal case." The Representative of the Federal Republic of Germany said that his government shared the Portuguese authorities' point of view. It thought that the length of the proceedings in question had resulted from a special situation and that there had thus been no breach of Article 6(1) of the Convention. The Representative of the United Kingdom said that the Committee should take full account of the Portuguese statement in reaching its decision. The Representatives of Luxembourg and Turkey agreed with the views expressed by those of the Federal Republic of Germany and the United Kingdom. The Director of Human Rights pointed out that the Commission had adopted its opinion in the Dores and Silveira case unanimously and that the Court had taken a similar attitude in its judgment in a comparable case (Guincho) (Article 6 of the Convention). In both of these cases the Commission and the Court had given full consideration to the exceptional circumstances in which the Portuguese authorities had found themselves. In the Buchholz case, the Court had stressed that Contracting States must organise their judicial systems in such a way as to satisfy the requirements of Article 6(1), particularly with regard to the concept of "reasonable time", while specifying that a temporary backlog of business did not entail their liability if they took reasonably prompt measures to remedy such an exceptional situation. In the Dores and Silveira case, however, the Commission had concluded that it was not a question of a "temporary backlog" of the court concerned. As could be seen from paragraph 125 of its report, the Commission had found that "the authorities did not take prompt, adequate measures in relation to organising the Lisbon Industrial Court's procedure and staff". For that reason it had considered that the applicants' right to have their cases heard within a reasonable time had not been respected. CONFIDENTIAL - 59 - CM/Del/Concl(84)375 Item 13
The Commission had in no way disregarded the exceptional circumstances in which the Portuguese judicial system had been operating, as mentioned by the Representative of Portugal; on the contrary, it dealt with them at length in its report. Indeed, the Portuguese authorities should be congratulated on the measures they had taken since 1974 in general in order to remedy the situation. Lastly, it should be pointed out that within the context of Article 32 the Committee of Ministers played a quasi-judicial role: it had a duty to decide whether in this specific case there had been a violation of the European Convention on Human Rights, regardless of the respondent government's attitude towards the Commission's report. It should be recalled that only in very exceptional cases did the Commission avail itself of its option under Article 31(3) of the Convention to make proposals to the Committee of Ministers. The Representative of Portugal said that during the hearings in the Guincho case the Secretary General of the Portuguese Ministry of Justice had informed the Court of the exceptional circumstances existing in Portugal after 1974. His government feared that, if too severe an attitude was taken by the Committee of Ministers, hundreds of people might petition the European Commission under the European Convention on Human Rights. Decision The Deputies agreed to resume consideration of this item at A level at their 378th meeting (November/December 1984 - A and B levels).
CONFIDENTIAL - 61 - CM/Del/Concl(84)375 Item 14
14. C., MEDWAY AND BALL AGAINST THE UNITED KINGDOM Decision to be taken under Article 32 of the European Convention on Human Rights (Concl(84)372/16, Letter HD/C87 of 15.11.83)
The Director of Human Rights said that a draft Resolution on this case was being prepared and would be submitted to the Deputies shortly. Decision The Deputies agreed to resume consideration of this item at A level at their 378th meeting (November/December 1984 - A and B levels).
CONFIDENTIAL - 63 - CM/Del/Concl(84)375 Item 15
15. ZAMIR AGAINST THE UNITED KINGDOM Decision to be taken under Article 32 of the European Convention on Human Rights (Concl(84)372/14, Letter HD/C13 of 6.2.84)
The Representative of the United Kingdom said that the main issue of this case was the speed of the proceedings taken by the applicant to challenge the lawfulness of his detention. As stated by his Government in its submission before the Commission, the applicant could have applied for bail much earlier, but had asked only for habeas corpus. He added that the applicant had been responsible for the delays in his release, since he had been let out the day after he applied for bail. He referred to the statement in paragraph 94 of the report of the Commission, whereby the House of Lords in a specific decision reaffirmed the principle that fraud would vitiate leave to enter. They had not done this. Furthermore, he recalled that the Commission, in paragraph 115 of the Report, had noted that the Rules of the Supreme Court concerning habeas corpus were amended in 1980 in order to facilitate an early hearing. Finally, if the majority of the Committee agreed with the conclusions of the Commission, his Government would make no objections. The Director of Human Righs recalled that the Commission had unanimously concluded that there had been a breach of Article 5, paragraph 4 of the Convention in this case. The argument presented by the Representative of the United Kingdom, according to which the applicant could have applied for bail at an earlier stage in the proceedings and that his legal representatives were primarily responsible for delays, had already been presented by the respondent Government before the Commission which had nevertheless concluded that the proceedings in the present case had not been conducted speedily. He paid tribute to the United Kingdom authorities for having frequently accepted the findings of the Commission, also in cases when it had come to the conclusion that there had been a violation of the Convention. Decision The Deputies agreed to resume consideration of this item at A level at their 376th meeting (October 1984 - A and B levels).
CONFIDENTIAL - 65 - CM/Del/Concl(84)375 Item 16
16. T. AGAINST THE UNITED KINGDOM Decision to be taken under Article 32 of the European Convention on Human Rights (Concl(84)372/15, Letter HD/C14 of 7.2.84)
The Representative of the United Kingdom proposed that this item be postponed to a future meeting. The Director of Human Rights called the attention of the Committee to the fact that the European Commission had presented, under Article 31, paragraph 3 of the Convention, proposals to the Committee of Ministers. The Commission, having been informed by the respondent Government that they contemplated a relaxation of the regulations concerning prisoners' access to writing materials and the dispatch of writings and artistic material out of prison, proposed that an amendment should be made to the Prison Standing Orders and that the regulations should be made accessible to prisoners. Decision The Deputies agreed to resume consideration of this item at A level at one of their forthcoming meetings.
CONFIDENTIAL - 67 - CM/Del/Concl(84)375 Item 17
17. BRAMELID AND MALMSTROM AGAINST SWEDEN Decision to be taken under Article 32 of the European Convention on Human Rights (Concl(84)374/15, Letter HD/C23 of 9.3.84)
The Representative of Sweden said that the amendment to the legislation which he had mentioned at the 374th meeting (June 1984, item 15) had been adopted by the Swedish Parliament and had come into force on 1 July 1984. The Deputies proceeded to vote under Article 32 of the European Convention on Human Rights, the result of the vote was: violation 19, no violation 0 and absention 0. The Representative of France made the following statement: "In this case the Commission has decided on a matter of compulsory arbitration imposed by law. While France does not object to Article 6, paragraph 1 applying in such cases, it reserves its position with regard to cases of voluntary arbitration." Decision The Deputies agreed to resume consideration of this item at A level at their 376th meeting (October 1984 - A and B levels).
CONFIDENTIAL - 69 - CM/Del/Concl(84)375 Item 18
18. JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE CASE OF ECKLE Application of Article 54 of the European Convention on Human Rights (Concl(84)372/13, Letters HD/C60 of 27.7.82 and HD/C43 of 30.6.83)
The Representative of the Federal Republic of Germany said that the decision by the European Commission of Human Rights not to request from the Court an interpretation of its judgment meant that his Government had done everything it could to execute this judgment. The German authorities had confiscated the sum awarded to the applicant by the European Court in respect of costs and expenses in view of the cost claims of the German courts. The Director of Human Rights said that the Secretariat would prepare a draft Resolution on this case to be considered by the Committee at a future meeting. Decision The Deputies agreed to resume consideration of this item at A level at their 376th meeting (October 1984 - A and B levels).
CONFIDENTIAL - 71 - CM/Del/Concl(84)375 Item 19
19. JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE CASE OF SILVER AND OTHERS Application of Article 54 of the European Convention on Human Rights (Concl(84)374/10, Letters HD/C24 of 8.4.83 and HD/C89 of 16.11.83)
The Representative of the United Kingdom said that his authorities intended to provide further information on the changes being made in his country, and asked for consideration of this item to be deferred to a late meeting. Decision The Deputies agreed to resume consideration of this item at A level at one of their forthcoming meetings.
CONFIDENTIAL - 73 - CM/Del/Concl(84)375 Item 20
20. JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE CASE OF DE JONG, BALJET AND VAN DEN BRINK Application of Article 54 of the European Convention on Human Rights (Letter HD/C46 of 21.6.84)
The Representative of the Netherlands made the following statement which also covers Item 21 (Judgment of the European Court of Human Rights in the Van der Sluijs, Zuiderveld and Klappe case) and Item 22 (Judgment of the European court of Human Rights in the Duinhof and Duijf case). 1. The government of the Netherlands has paid damages of FL 300 to each of the petitioners De Jong, Baljet, Van Den Brink, Van Der Sluijs, Zuiderveld, Klappe, Duinhof and Duijf), as ordered by the Court of Human Rights. 2. In consequence among other things of the complaint lodged by the aforementioned servicemen, the following regulations came into force on 21 March 1983 having been incorporated in the rules governing the application of military penal and disciplinary law as laid down by Ministerial Order. The following rules shall apply to military suspects remanded in custody such as the conscientious objectors in question: A. The commanding officer may order a serviceman to be remanded or kept in custody only if two conditions are fulfilled: 1. a remand in custody must be admissible in the case in question, 2. there must be grounds for a remand in the case in question. B. As soon as the grounds on which the remand in custody was ordered or ordered to be continued cease to be applicable the commanding officer shall order the release of the defendant. C. If the commanding officer orders the suspect to be taken into or kept in custody, where possible subsequent to having interviewed the suspect or having arranged for the suspect to be interviewed on his behalf, he shall ensure that the military prosecutor is informed of the case by telephone as soon as possible and in any event no later than two days after the warrant of arrest is executed. CONFIDENTIAL CM/Del/Concl(84)375 - 74 - Item 20
D. If the suspect is to appear before the military prosecutor the commanding officer shall ensure in consultation with the military prosecutor that the time and place of the hearing are such that within four days of the execution of the warrant of arrest : 1. the military prosecutor is able to submit his recommendations to the authority to which the case is to be referred, 2. the authority to which the case is to be referred may issue a referral order (which shall include a ruling in respect of the arrest), 3. the defendant may be heard by the examining officer, 4. the defendant may appear before a court martial which shall rule at the request of the military prosecutor whether or not to uphold the order of arrest. 3. Bills for the revision of the administration of military justice are currently under consideration by the lower house of parliament. One of the proposals is that the provisions governing remands in custody in the Dutch criminal code should also apply to military servicemen. The Director of Human Rights paid tribute to the Dutch authorities for the very complete information furnished, including information on measures of a personal nature they had taken as a consequence of the Court's judgment. He said that a draft Resolution would be prepared by the Secretariat to be considered by the Committee at a future meeting. Decision The Deputies agreed to resume consideration of this item at A level at their 378th meeting (November/December 1984 - A and B levels). CONFIDENTIAL - 75 - CM/Del/Concl(84)375 Item 21
21. JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE CASE OF VAN DER SLUIJS, ZUIDERVELD AND KLAPPE Application of Article 54 of the European Convention on Human Rights (Letter HD/C47 of 21.6.84)
This item was discussed together with Item 20 of the agenda of the present meeting. Decision The Deputies agreed to resume consideration of this item at A level at their 378th meeting (November/December 1984 - A and B levels).
CONFIDENTIAL - 77 - CM/Del/Concl(84)375 Item 22
22. JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE CASE OF DUINHOF AND DUIJF Application of Article 54 of the European Convention on Human Rights (Letter HD/C48 of 21.6.84)
This item was discussed together with Item 20 of the agenda of the present meeting. Decision The Deputies agreed to resume consideration of this item at A level at their 378th meeting (November/December 1984 - A and B levels).
CONFIDENTIAL - 79 - CM/Del/Concl(84)375 Item 23 23. DRAFT PROTOCOL TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS CONCERNING THE EXTENSION OF THE LIST OF CIVIL AND POLITICAL RIGHTS SET FORTH IN THE CONVENTION (Concl(84)374/18, CM(84)137 and 190)
The Chairman said that at the 374th meeting (June 1984, item 18), following a series of votes on proposals for amendments to the text of Protocol No. 7 to the European Convention on Human Rights, he had concluded that at the present meeting the Deputies would be invited to adopt the final text of the Protocol drawn up by the Secretariat in the meantime (CM(84)137) and, if appropriate, to decide to open it for signature and to fix the date therefor. Meanwhile, the delegation of the Federal Republic of Germany had submitted further proposals, one of which entailed amending the text of the Protocol (CM(84)190). That being so, the question arose of whether the Deputies were prepared to go back on the previous meeting's deliberations and, in pursuance of the relevant provisions of their rules of procedure, to reopen the discussion. The Representative of the United Kingdom, stressing the importance of the issue and the need for as many ratifications as possible, said that a compromise proposal would be put forward by several delegations including his own, and asked that discussion of this item be resumed later in the meeting. The Chairman noted that none of the Deputies was opposed to reopening the discussion on the points to which the new German proposal referred; it could accordingly be assumed that the Committee agreed to re-examine the content of the Protocol on this point. The French Chairmanship attached the greatest importance to the conclusion of this Protocol which had taken several years to prepare and hoped that it could be opened for signature at the next Ministerial session on 22 November next.
When discussion of this item was resumed later in the meeting, a proposal by several delegations was put to the Deputies whereby, having regard to the importance of the Explanatory Report concerning Protocol No. 7 for interpretation purposes, the Deputies would agree to amend the report by adding the following text at the end of paragraph 20: "When deciding whether an offence is of a minor character, an important criterion is the question whether the offence is punishable by imprisonment or not". CONFIDENTIAL CM/Del/Concl(84)375 - 80 - Item 23
The Representative of the Federal Republic of Germany made the following statement: "You will remember that the German delegation was not able to accept the text of the Protocol at the last meeting. My authorities have reconsidered the matter and - as the German Government wishes to be able to join the other member States who accept the text and as it shares the view that the Protocol should be signed without delay - I am instructed to submit to you the two proposals of which you know (CM(84)190). During the holiday period, contacts were made by our embassies in the capitals of the member States. I am instructed to vote for the Protocol if those proposals are accepted. Should the proposal for Article 2 not be accepted I shall not be able to vote for the text. I do not wish to repeat the reasons for the German position, and refer to the CM document already mentioned. You know that in Germany, as in other member countries, there is an enormous and alarming increase in minor offences being dealt with in the courts. Our amendments seek to take that fact into account and not to restrict remedies in criminal law. The difficulties and insecurities occurring in Germany - and in future perhaps in other countries - could be eliminated by means of a clarification - a second paragraph in Article 2. I regret that my authorities are of the opinion that neither a further reservation nor the proposal to add a sentence to the explanatory report would suffice to meet the difficulties I have mentioned. My government's decision in proposing the amendment is a political decision and we would be obliged if you would regard it as such and vote on the amendment. My Minister has instructed me to emphasise once again his intention to make every effort to further the international protection of human rights, and to assure you of his fullest commitment in this respect. My government believes that as many countries as possible should be able to accept legal instruments relating to this field. We hope that the members of the Committee of Ministers, in a spirit of solidarity, will accept the proposals we have submitted." The Representative of Switzerland said that if the German amendment were to be accepted, his authorities would propose a different wording, viz: "Exceptions to this right may be made for minor offences or where the person concerned has been tried in the first instance by the highest court or has been found guilty and convicted on appeal against his acquittal. Minor offences shall be deemed to be such as are so defined by law or as are not punishable by a custodial sentence". The Representative of France said that his authorities appreciated the scruples and misgivings of a number of governments. The text of the draft Protocol was not without problems for his government. However, the text proposed represented a balance and reopening discussion on the substance, as proposed by the Federal CONFIDENTIAL - 81 - CM/Del/Concl(84)375 Item 23
Republic of Germany, might well lead to failure. After 10 years of laborious effort the time had come to take a political decision and to take a step along the path which met the preoccupations of all governments. He accordngly proposed that the amendment proposal be not accepted and suggested that governments unable to accept the draft Protocol in its present form should have recourse to the procedure provided for under Article 64 of the Convention for the Protection of Human Rights which allowed for the possibility of interpretative statements. This was the procedure which his authorities would adopt if they had any difficulties. Conversely, he agreed with the proposal put forward by several delegations and asked that the date for the Protocol's opening for signature be set as early as possible, preferably for 22 November 1984, as proposed by the Chairman. The Representative of the United Kingdom said that the text presented by several delegations had been intended to help overcome opposition to the adoption of the text and to enable delegations with difficulties to abstain. The Representative of Austria said that his authorities attached great importance to the Protocol being finalised and opened for signature as quickly as possible. In order to achieve this they were prepared to show understanding towards States which had difficulty; they would prefer simply amending the explanatory report. The Austrian authorities would have liked the Protocol to be opened for signature at the Ministerial Human Rights Conference in Vienna, but they could also agree to this being done at the Ministerial session on 22 November. The Representative of the Netherlands said that his delegation, as it had already announced, would not object to the Protocol being opened for signature, although it was not satisfied with the text. With regard to the German amendment, his authorities believed that it would not eliminate the problems raised by the Article as it stood and he would accordingly vote against it. As for the text proposed by several other delegations, referring to the "importance" of the explanatory report, he pointed out that a vote had already been taken on the status of the report and that he had voted against the proposal to accord it particular legal weight. The Representative of Ireland said that he would vote against the German proposals and abstain on the compromise formula for amending the draft text of the explanatory report in line with his standing instructions. He also had reservations about the form in which it was formulated. The Representative of Italy agreed with those who wished the Protocol to be adopted and opened for signature on 22 November. On the substance of the issue, his authorities could not accept the German proposal since in Italian law there was a possibility of appeal in the case of offences not punishable by imprisonment. He preferred the text as it stood but could also accept the proposal made by several delegations. CONFIDENTIAL CM/Del/Concl(84)375 - 82 - Item 23
The Representative of Switzerland was in favour of the text as submitted in CM(84)137. He would be able to accept the text proposed by several delegations. The Representative of Luxembourg said that his authorities set great store by this Protocol. The Director of Human Rights said that the proposal by several delegations was acceptable and that the wording was compatible with the provisions of the Vienna Convention on the Law of Treaties. When adopting the text of the Protocol, delegations should bear in mind the possibility of entering reservations or making interpretative declarations. Where Article 2 was concerned, the Court had itself referred to this possibility in the opinion it had given on the draft Protocol (CDDH(81)42). The German expert had also mentioned it as long ago as February 1982 when stating that his position would depend on the decision reached in the Temeltasch Case. The Representative of the Federal Republic of Germany said that he had expressed the point of view of the Ministry of Foreign Affairs and made the following statement: "We are not in a position to satisfy our concerns with regard to Article 2 by making a reservation at the ratification of the 7th Protocol to the Human Rights Convention. Unlike the UN human rights pacts, the European Human Rights Convention provides for reservations only with regard to the prevailing law. We cannot agree to restrict possibilities of changing the minimum amount permitting access to a Court of Appeal at a later time. To make a reservation therefore is not acceptable to us." The result of voting on the German proposal was as follows: 1 for, 10 against, 8 abstentions. Voting on the text of Decision 1 below (proposal by several delegations) was as follows: 13 for, 1 against, 5 abstentions. Voting on Decision 2 below (adoption of the text of the Protocol) was as follows: 16 for, 0 against, 3 abstentions. In an explanation of vote, the Representative of the Federal Republic of Germany said that his delegation has abstained in the vote on the text of the 7th Protocol to the Human Rights Convention. His Government was deeply committed to further strengthening the protection of human rights and was in favour of the extension of the Human Rights Convention by new rights as set forth in the 7th Protocol. His Government would have liked to accept this new Protocol. They could however not agree to the Protocol in its present wording. With regard to the autonomous interpretation of the Convention by the Commission and Court and their judgments in respect of Article 6 of the Convention - in particular in the Oztürk case - the wording of Article 2 of the Protocol seemed insufficiently precise. CONFIDENTIAL
- 83 - CM/Del/Concl(84)375 Item 23 They did not deem it possible to agree to a Protocol which was liable to create legal uncertainties and which would engender numerous legal disputes before domestic Courts and also before the human rights bodies in Strasbourg concerning the mere question of whether a case represented a minor offence or whether recourse to a higher Court should be granted. In view of the increasing number of proceedings concerning the right of appeal which overburden their Courts, they had to keep open the possibility of raising the minimum amount permitting access to a Court of appeal and to make court proceedings more efficient. They regretted that the majority of the members of the Committee was not in a position to agree to their amendment suggestion, a minor addition to the text of Article 2, which would have reduced legal uncertainties. The Representative of Greece, explaining his vote, said that he would have preferred the wording proposed by the Representative of Ireland. The Representative of Norway said that Norway would like to see the Protocol opened for signature rapidly and with as many signatory States as possible. It was in this spirit that his delegation had participated in the efforts to find a compromise solution, and had now voted for the proposal to amend the text of the explanatory memorandum. The Norwegian understanding of the additional sentence in the memorandum was that the question of imprisonment was one of several elements in an overall assessment and decision on whether or not an offence was of a minor character. The Representative of the United Kingdom explained his vote as follows : "The United Kingdom's commitment to respect human rights and fundamental freedoms is total. A recent example of this is our decision to withdraw the derogations to the Convention in relation to the situation in Northern Ireland which had been in force since 1958. We are concerned to respond positively to measures which we believe will genuinely improve the enjoyment of human rights in Europe and throughout the world. It is for these reasons that we would not wish to oppose a test, the aim of which is to consolidate the enjoyment of human rights in Europe. However, on this occasion it has regrettably not been possible for the United Kingdom to vote in favour of adopting the text of the draft Protocol to the European Convention on Human Rights extending the list of Civil and Political Rights. The text presents the United Kingdom with genuine practical difficulties. Representatives of Her Majesty's Government attempted to resolve these difficulties and put forward proposals to that effect in the committee of experts which drafted the Protocol, in the Steering Committee on Human Rights and in the Committee of Ministers. I am grateful to this Committee for adopting a text which makes it possible for us to abstain on this vote. CONFIDENTIAL CM/Del/Concl(84)375 - 84 - Item 23
The United Kingdom will continue to work positively in the Council of Europe as in all international organisations to ensure that respect for human rights and fundamental freedoms is extended throughout the world." The Representative of Belgium thanked the Committee for having enabled his delegation to vote in favour. Furthermore he supported the second proposal made by the Federal Republic of Germany to give the CDDH terms of reference to draft a Protocol or a draft for a "right to fair remedy". The Representative of Austria also indicated his agreement with this proposal but suggested that it be broadened to cover administrative proceedings in general. The Chairman noted that there was no objection to the Protocol being opened for signature and invited the Committee to set a date. Replying to the Representative of Norway, the Director of Human Rights said that there were precedents for opening instruments for signature at ministerial conferences and at sessions of the Committee of Ministers. The Chairman concluded that the Protocol would be opened for signature in Strasbourg on 22 November 1984, the date of the 75th Session of the Committee of Ministers, as from 9 am. Decisions The Deputies, 1. having regard to the importance of the Explanatory Report (CM(84)137) for the purpose of interpreting the Protocol, decided to amend the Report by including the following text at the end of paragraph 20: "When deciding whether an offence is of a minor character, an important criterion is the question whether the offence is punishable by imprisonment or not"; 2. adopted the text of Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms extending the list of civil and political rights set forth in the Convention, as it appears in CM(84)137; 3. decided to open the Protocol for signature on 22 November 1984 on the occasion of the 75th Session of the Committee of Ministers; 4. authorised publication of the Explanatory Report (CM(84)137) as amended by decision 1 above; 5. agreed to resume consideration of the proposal to give the Steering Committee for Human Rights (CDDH) new terms of reference concerning the right to a fair remedy at one of their forthcoming meetings. CONFIDENTIAL - 85 - CM/Del/Concl(84)375 Item 24
24. AD HOC COMMITTEE OF EXPERTS TO EXCHANGE VIEWS ON THE DRAFT CONVENTION AGAINST TORTURE (CAHTT) (Strasbourg, 21-22 May 1984) (CM(84)124)
The Chairman said he attached great importance to the conclusion of a Convention against torture. The Representative of Denmark, referring to the allusion to the role of third-world countries in paragraph 18 of the report of the Ad Hoc Committee of Experts to Exchange Views on the draft Convention against Torture (CAHTT) meeting (CM(84)124), said that the Nordic States had been asked to approach the third-world countries. Her delegation had recently received a telex from its counterpart at the United Nations, reporting on the results of the approaches thus made. The Director of Human Rights emphasised that exchanges of views such as the one on the draft Convention against Torture had been regarded by the experts as very useful not only to the Council of Europe member States but also to the observer countries. The consultations within the Council of Europe could be said to have made a major contribution to the draft Convention's progress in the United Nations. Many countries' authorities had awaited the outcome of the CAHTT's meeting before submitting their comments to the United Nations Secretary General. As agreed at the CAHTT's last meeting, delegations had sent copies of these comments to the Council of Europe Secretariat (Directorate of Human Rights), which had distributed them to all the other delegations that had attended the CAHTT's meeting. The CAHTT had decided on the tactics to be followed in the United Nations General Assembly in order to secure the adoption of the draft Convention against torture and, as indicated by the Representative of Denmark, it had been agreed that the Scandinavian countries and the Netherlands should act as co-ordinators with regard to approaches to the third-world countries, whose votes would be of decisive importance. Lastly, as could be seen from paragraph 20 of the CAHTT's report, several experts had expressed their satisfaction at the Council of Europe's activity aimed at drawing up a European Convention against torture. They had stressed that the European draft did not impede the work within the United Nations, as an examination of a similar draft at world level would not be started for a long time. The Chairman emphasised the significance of this draft European Convention, which was at present before the Steering Committee for Human Rights (CDHH). CONFIDENTIAL CM/Del/Concl(84)375 - 86 - Item 24
Decision The Deputies took note of the report of the Ad hoc Committee of Experts to exchange views on the draft Convention against torture (CAHTT) (CM(84)124) and agreed to forward it to their governments for information. CONFIDENTIAL - 87 - CM/Del/Concl(84)375 Item 25 25. AD HOC COMMITTEE OF EXPERTS TO EXCHANGE VIEWS ON THE DRAFT CONVENTION ON THE RIGHTS OF THE CHILD (CAHDE) (Concl(84)374/49b)
The Chairman said that the Deputies were asked to take a decision on the proposal made by the Representative of Spain at the 374th meeting (June 19845, item 49b) to invite a number of countries as observers to the ad hoc Committee of Experts to exchange views on the draft Convention on the Rights of the Child (CAHDE). The Representative of France said that to invite countries which were not members of the "Western European and Others" group in the United Nations General Assembly would have the effect of completely changing the purpose of the meeting of the ad hoc committee of experts, which was to discuss western attitudes to the draft Convention in order to reach a co-ordinated position before the next meeting of the working group in Geneva. In such circumstances he could do no other than to oppose such invitations in principle. The Representative of the Netherlands said that the countries proposed belonged to another group in the United Nations General Assembly and that, furthermore, some of them were not members of the United Nations Commission on Human Rights. The Representative of the Federal Republic of Germany shared the French delegation's opinion. He also intimated his authorities' wish to see an end put to the increasingly common practice of setting up ad hoc committees to discuss questions which were already being dealt with in other international organisations. In the case in point, his authorities would prefer the experts for the United Nations to deal with the question. The Representative of Spain said that his proposal to invite Latin-American countries was motivated by the traditional bonds uniting these countries with his own. The Representatives of Denmark and the United Kingdom were not in favour of inviting States which were not members of the "Western European and Others" group. The Representative of Switzerland endorsed the statement made by the Representative of France and added that to widen participation by observers in this way would create a precedent. The Representative of Norway thought it would be a mistake to introduce a new practice. He was perfectly willing to discuss relations with Latin America, but in a different framework from that of the meeting in question. CONFIDENTIAL CM/Del/Concl(84)375 - 88 - Item 25
The Representative of Italy, while appreciating the reasons for the Spanish proposal, was not in favour of following it. The Representative of Sweden pointed out that there were other established groups, recognised as such, in the United Nations and to invite one of them could be considered as a kind of discrimination against the others. The Director of Human Rights said that the CAHDE meeting would be held on 5 and 6 November next. As regards the Spanish proposal, he said that the purpose of such exchanges of views was to permit a common position to be adopted by the countries belonging to the "Western European and Others" group. He fully understood the concern of the Spanish delegation to promote closer relations with Latin America. Perhaps a delegation could be asked to get in touch with these countries, as had been done in the case of the draft Convention against Torture (see item 24 of the agenda for the present meeting). Replying to the remark made by the Representative of the Federal Republic of Germany, he said that the purpose of such exchanges of views was precisely to discuss what was being done in other international organisations, notably the United Nations. This practice dated back, in fact, to an initiative taken in 1977 by Mr Genscher, the Minister for Foreign Affairs of the Federal Republic, who himself had explained its philosophy and aims, pointing to the usefulness of consultation among European democracies on the issues being discussed in the United Nations, notably those relating to Human Rights. The vast majority of the countries sent, to these exchanges of views, the experts who were dealing with the issues in question in the United Nations. Such exchanges of views had proved a flexible and inexpensive approach for the Organisation, as well as a useful one, thanks to the participation of the United States, Canada and Australia. The Representative of Portugal interpreted the Spanish suggestion as a response to the questions which the South American countries were asking themselves concerning the rights of the child, and he would therefore be favourable to the proposal made by the Director of Human Rights to invite a delegation to get in touch with those countries. He proposed that Spain be entrusted with that task. The Representative of Spain declared his readiness to undertake such a task. The Representative of Norway had no objection to the proposal, but it seemed to him preferable to leave it to the CAHDE to take the decision itself. The Chairman said that this would be done. CONFIDENTIAL - 89 - CM/Del/Concl(84)375 Item 26
26. DEVELOPMENT CO-OPERATION AND HUMAN RIGHTS Assembly Recommendation 962 (Concl(84)374/26, Appendix III to CM(84)102 and 159)
The Chairman reminded the Committee that after an initial exchange of views on Recommendation 962 at their 357th meeting (March 1983, item 18), the Deputies had requested the opinion of the Steering Committee for Human Rights (CDDH) on this Recommendation. At their 374th meeting (June 1984, item 17), they had taken note of the opinion given by the CDDH. The Committee was invited to resume consideration of the Recommendation in the light of that opinion. The Representative of Portugal made the following statement: "The opinion of the Steering Committee for Human Rights (CDDH) touches on the delicate issue of non-interference raised by paragraph 3 of the preamble to the Recommendation. While accepting and justifying in this case an exception to the general principle of non-interference, the CDDH makes reference to the points of view of the International Court of Justice and the United Nations Commission on Human Rights, and to Principle No 7 of the Helsinki Final Act. We have some hesitation however as to the relevance of the reference to the Final Act, which does not appear to afford a universal framework of compromise hence involving the Third World. The document approved at the Madrid Conference in fact refers to the "participating" states, to "relations of mutual co-operation (and) friendships" and to "their mutual relations". The universal nature of the principles underlying Helsinki accordingly does not appear to signify a universal obligation to implement them. The Act says moreover that the participating States "will constantly respect these rights and freedoms in their mutual relations and will endeavour jointly (ie with the East European countries) and separately, including in co-operation with the United Nations, to promote universal and effective respect for them". It should be remembered that during the Conference on Parliamentary Democracy held last year in Strasbourg the participants were careful to refrain from any initiatives that might smack of a "crusading spirit" or of extra-continental expansion of the ideals enshrined in the European Human Rights Convention. It should also be noted that the Recommendation, in paragraphs 5 and 6 of the preamble, refers only to "the member States" when referring to "their profound belief in those fundamental freedoms". In fact, in the collective implementation CONFIDENTIAL CM/Del/Concl(84)375 - 90 - Item 26 of the principles of the European Convention, "The signatory governments, being members of the council of Europe", resolved so to do "as the governments of European countries which are like-minded and have a common heritage of political traditions and ideals". It seems to us that it must be borne in mind that the peoples of other continents have their own attitudes as well as different cultural heritages, traditions and ideals - often unknown to, or underestimated by, the West. Article 3 of the Council's Statute further lays down the principle whereby "every member must accept ... the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms". This seems to indicate tolerance, accepting that, outside that "jurisdiction", fundamental freedoms may be exercised through similar but not necessarily the same arrangements as in Europe, which moreover took rather a long time adopting them for itself. The Steering Committee for Human Rights noted in its opinion that "the complex nature of non-interference is chiefly apparent outside the normal international procedures". The CDDH concedes, in connection with paragraph 17(x) and concerning "the application of regional human rights instruments", particularly with regard to the "preparation of the American Convention on Human Rights", that "some of these texts may be interpreted as expressing a conception and philosophy different in some respects from those normally recognised by European States". In addition, the reference to the Third World in paragraph 4 of the preamble and the reference to only one type of concern with regard to North/South (see paragraph 17 (ix)) seems to place the East European countries outside the framework which the Recommendation itself proposes regarding the preservation or institution of "pluralistic democracy". The wording of paragraph 3 of the preamble to the Recommendation would seem to merit some reflection. The proposal to forward Recommendation 962 to governments, which in English reads "consider whether to forward Recommendation 962 to the governments of member States" and in the French verions "examiner l'opportunité de transmettre la Recommendation aux Gouvernements des Etats membres", seems to have given rise to some hesitation, or at least a certain caution regarding analysis of the political substance of the Recommendation and especially whether such an analysis should be made. Some Council of Europe member countries did not vote for the preamble to the conclusions of the recent meeting of UNIDO in Vienna, which proposed increasing aid to developing countries and contained accusations vis-à-vis the industrialised countries by the developing countries. CONFIDENTIAL - 91 - CM/Del/Concl(84)375 Item 26
As regards the proposal to hold an exchange of views together with experts on the problems referred to in Recommendation 962, the Portuguese delegation considers that this could be helpful. An opportunity for this will be afforded by the exchange of views on North/South scheduled for 24 September. This exchange of views may perhaps enable delegations to avail themselves of the suggestion made in paragraph 6 of CM(84)159: "The Deputies might wish to give additional instructions to the Secretariat with a view to completing the draft reply so as to cover also the paragraphs in the Recommendation which have not been commented on by the CDDH". This exchange of ideas seems to us all the more helpful for the analysis of the Recommendation because the points the experts will be discussing will include the Third World countries' reactions to the "Lisbon Declaration". The proposal to include Recommendation 962 in the file on the Lisbon Declaration merits analysis as to its advantages and disadvantages. It should be asked whether including it does not amount to inserting in the North/South Conference file political proposals not covered by the Lisbon Declaration which enshrines quite different principles, such as the idea of joint economic responsibility. Similarly, quite different political attitudes have been adopted, such as respect for "the rule of law, traditions and each other's possibilities" as well as intentions "to strengthen the global economy, based on the common interests of all people", in an "effort to create a truly global approach and a constructive North/South relationship". The gap between what is proposed in Recommendation 962 and in the Lisbon Declaration is wide. Recommendation 962 adopts a paternalistic attitude, now referring as in paragraph 17(iii) to a prize awarded to "countries which carry out internal reforms, establish pluralistic democratic structures", now threaten to "reduce or cancel official development aid". The result of this Manichaean vision would be that rich countries like Saudi Arabia or Libya would escape the penalties provided for in the Recommendation whereas only the Third World countries would have to suffer them. This explains the misgivings about including the Recommendation in the file on a declaration such as the Lisbon Declaration. This might be interpreted as implying conditions which the Declaration by no means seeks to impose. It may be noted that the parliamentarians who approved the Recommendation in January 1983 did not themselves wish to take it into account in Lisbon. The billions of dollars with which the member countries of the Council of Europe have assisted East European countries like Poland where there is no pluralistic democracy and the similar phenomenon to be observed in Western Europe's economic relations with the Republic of South Africa despite apartheid perhaps reflect a hope that such aid and such relations may help bring about better regimes in those countries. But CONFIDENTIAL CM/Del/Concl(84)375 - 92 - Item 26 these attitudes above all represent - and this has been publicly admitted - a concern to prevent populations already the victims of oppression from also suffering restrictions arising out of the reduction of their economic, social and cultural standards. It accordingly seems to us that this same concern might be expressed vis-à-vis other countries finding themselves in the same conditions, not forgetting those of the Third World where non-democratic regimes have often been established by or with the co-operation of Eastern European countries. A further risk due to the adoption of such a system of economic incentives and penalties vis-à-vis developing countries would be to create an even wider gap between those rewarded for not adopting democratic models and those punished because they have not established pluralistic regimes, which could result in serious and irreparable isolation. But quite apart from this risk, other problems would arise as to the practical application of the intended criteria. What body would be responsible for deciding on the award of these prizes or the infliction of these penalties? What would be the criterion for assessing the operation of democratic regimes even if, in theory, they had been instituted in the constitutions? And should penalties be higher than prizes - which would certainly occur, bearing in mind the high percentage of non-democratic regimes in the Third World - where would the remainder of the contributions referred to in paragraph 17(ii) be invested? And if it were invested for the benefit of the countries mentioned in paragraph 17(iii), would not the gap we have already referred to be considerably increased? As regards the need to complete the text of the reply to the Assembly, the draft of which has been prepared by the Secretariat, and bearing in mind that, as can be seen from the beginning of the opinion itself, "The CDDC notes Recommendation 962 covers a very wide range of issues, some of them economic or principally political in character", it is perhaps worthwhile putting forward some suggestions regarding the points which, as is stated in paragraph 6 of CM(84)159, "have not been commented upon by the CDDH". This would seem moreover to be quite within the scope of the Committee of Ministers' powers. A. The "consultations within the Council of Europe and OECD" referred to in paragraph 17(iv) with regard to a "special programme of financial assistance" for the benefit of countries which are "genuine democracies", raise difficulties which counsel caution. The authorities of the Council of Europe member countries are aware of the difficulties which arise in the implementation of this "desideratum", since the recent worsening of the economic and financial situation to which paragraph 14 of the Recommendation refers also affects us. A hope such as that referred to in paragraph 17(iv) may become frustrating for Third World countries that have for some years been recording similar intentions which, alas, have not been put into practice: The Council of Europe is aware moreover - as has been heard recently at Lisbon and in Vienna - that the representatives of the Third World have repeatedly complained on this score. CONFIDENTIAL - 93 - CM/Del/Concl(84)375 Item 26
B. With regard to paragraph 17(viii), the delicate nature of the compatibility between the joint attitude which the Recommendation suggests to member countries vis-à-vis the Third World in paragraph 17(xv) and the political, strategic, economic or cultural line they wish to take in their own interest in each particular case and at each particular time with the Third World countries does not seem to have been taken into account, especially bearing in mind that a joint clarification of the recommendation may prompt a joint reaction from the "South". C. My delegation has taken note of the CDDH's opinion concerning the right to development, an expression whose definition is still being studied by working parties in the United Nations and at the Council of Europe. It would accordingly seem premature to forward this Recommendation to governments when its basic content and the very notion of this right have not yet achieved a consensus. In the view of the CDDH "this concept has not yet been clearly defined" and it explains this by saying that "there is disagreement as to whether the right to development is an individual or a collective right". Accordingly, there seems to be some risk in putting forward penalties such as those mentioned in paragraph 17(vii) as long as the very notion of the right to development mentioned in paragraph 12 has not been sufficiently closely defined. Bearing in mind the foregoing, it seems appropriate to defer making a reply to the Assembly, which should enable us to make a closer study of the draft before us." The Representative of Switzerland basically agreed with the Representative of Portugal, while approving the content of paragraphs 17(i) and (v) of Recommendation 962. On the other hand, paragraphs 17(iii), (iv), (vi) and (vii b) seemed to his authorities to oversimplify the relationships between development co-operation, human rights and democracy. He would be agreeable to resuming consideration of this Recommendation at another time on the basis of a new draft reply, to forwarding it to governments accompanied by the Deputies' comments and to including it In the file on the Lisbon Declaration with comments. The Representative of the Federal Republic of Germany said that on 5 March 1982 the Bundestag, with support from all parties, had decided that for any development co-operation project the question of the observance of human rights would be taken into account and that countries endeavouring to establish pluralistic democratic structures would be given preference in the granting of aid. Referring to paragraph 17(iv), he said that his authorities did not consider that the Council of Europe was an appropriate institution in which to draw up or implement special financial aid programmes. CONFIDENTIAL CM/Del/Concl(84)375 - 94 - Item 26
As for the destination of official development aid, referred to in paragraph 17(v), the Federal Republic of Germany's priorities were the satisfaction of basic needs and rural development, which received 28% of development aid. Commenting on paragraphs 17(viii) and (ix), he said that, bearing in mind the shortage of financial resources and the sovereignty of the developing countries, the German Government sought to put into effect forms of co-operation conducive to economic and social progress which - as the Assembly requested - constituted a firmer basis for the achievement of human rights. However, the fact should not be overlooked that the democratic countries had very little means of bringing pressure to bear on governments which failed to observe human rights. Lastly, the German authorities welcomed the Assembly's proposal to define common attitudes and proposed that this question be dealt with in a forthcoming round of political talks on the United Nations. His authorities wondered whether it was necessary to mention the opinion of the CDDH in the draft reply to the Assembly. They felt that the Committee could reply to the Assembly on its own authority. The Chairman pointed out that the fact of forwarding the Recommendation to governments did not imply that the Committee of Ministers approved its content. Furthermore, he considered that it was a matter for the Deputies to pronounce on the political aspects of the Recommendation. The Director of Human Rights stressed the importance of Recommendation 962 and the report by Mr Holtz on development co-operation and human rights, which raised crucial problems. He drew attention to the need to be very cautious in the reply, particularly on the question of non-interference mentioned in paragraph 3 of the Recommendation. As the CDDH itself had said, its opinion did not seek to cover the whole of the problem and could not therefore be taken over as it stood. The Committee of Ministers had to pronounce on the political issues. In reply to the Representative of Portugal, he said that mentioning Principle No 7 of the Helsinki Final Act did not mean that this principle was considered to be binding on the developing countries; it was simply an example of international doctrine following the same lines as the case-law of the International Court of Justice. Where human rights were concerned, it was mainly the countries of Western Europe which were opposed to an extensive interpretation of the principle of non-interference. Their policy tended to give the requirements of human rights protection preference over the principle of non-interference. CONFIDENTIAL - 95 - CM/Del/Concl(84)375 Item 26
The Representative of Portugal proposed awaiting the outcome of the exchange of views with experts on North/South questions (see item 2 of the agenda for the present meeting). Similarly, it would be as well to wait until the conclusions of the UNIDO Conference had been examined by governments. The Representative of Italy thought that further factors, such as the Lomé Agreements which were being re-negotiated, should also be taken into account. The Chairman invited delegatins to submit contributions with a view to the adoption of a reply to Recommendation 962 at the 378th meeting in November 1984.
Decision The Deputies agreed to resume consideration of this item at A level at their 378th meeting (November/December 1984 - A and B levels).
CONFIDENTIAL - 97 - CM/Del/Concl(84)375 Item 27 27. 14th CONFERENCE OF EUROPEAN MINISTERS OF JUSTICE (Madrid 29-31 May 1984) Follow-up (CM(84)145)
Resolutions No 1 to 3 The Representative of the Netherlands said that "his country had doubts about the desirability and feasibility of the objectives formulated in Resolution No. 1 of the 14th Conference of European Ministers of Justice concerning "Recent trends and future prospects in the field of bankruptcy laws", but if a majority was in favour of this Resolution, he would not oppose it. A preparatory report had been made by the Swiss delegation. In the speeches preceding the adoption it had been clear that the ministers in their majority spoke in favour of adopting the recommendation. Some ministers, among whom the Netherlands one, had declared themselves against possible attempts at the harmonisation mentioned in litt. a of the Resolution. They had also said that they saw no use in efforts to try to solve the problems concerning the international scope of bankruptcies (formulated in litt. b) within the framework of the Council of Europe through means of a new instrument (convention or recommendation). This negative point of view concerned the bankruptcy procedure stricto sensu as well as the so-called stabilising or saving procedures. At the same time his minister had declared that it would be useful for there to be a periodical exchange of information on the development of bankruptcy law (including the so-called stabilisation or saving procedures). However, for such an exchange a new instrument would not be necessary. The Netherlands' attitude was based on the following reasons : 1. In most of the European countries a profound revision of the bankruptcy law had just taken place, was being prepared or as in his country was in a stage of thoroughgoing research. Since this kind of legislation was in a state of flux specially in the field of stabilisation procedure, it was reasonably clear that there was no hope of any form of harmonisation. The countries which had just revised their legislation would not be willing to give up relevant points. On the other hand the countries which were still studying the subject would not be ready to link themselves to developments and rules in other countries. CONFIDENTIAL CM/Del/Concl(84)375 - 98 - Item 27
2. Years of work on a draft bankruptcy convention within the European Communities had shown that their harmonisation efforts also had to be abandoned. This draft convention in general opted, on the analogy of the system of private international law, for the bankruptcy law of the country where the Community bankruptcy had been declared. 3. Practice had shown that bankruptcy conventions - based on recognition of foreign bankruptcy - were only feasible in a restricted context (bilateral or regional). 4. If an EEC bankruptcy convention were to come into force, the EEC member countries would be bound by it. A possible convention in the framework of the Council of Europe would need to be geared to the EEC Convention to make international co-operation in this field possible." Resolution No 4 The Representative of Spain made the following statement: "As you know, in his speech before the Parliamentary Assembly of the Council of Europe on 31 January 1984, our Prime Minister spoke of the threat which the terrorist scourge poses today for the democratic countries of Western Europe. In the face of this threat, he called for firm, concerted and united action. He went on to say: "It is now up to governments to meet the challenge, and a partial, timid or purely technical response will not be enough. I believe that this phenomenon calls for collective reflection at the highest political level. My Government, for its part, is ready for this - and so I have told several European Heads of State and Government". Four months later, at the opening of the Conference of European Ministers of Justice, held in Madrid from 29 to 31 May, Mr Gonzalez again referred to terrorism and said: "I am firmly convinced that this phenomenon, which is shaking our societies all too often and creating a deep-seated sense of insecurity, can only end by sapping the democratic foundations on which our states are built. Study of the causes which encourage the appearance of terrorist groups and activities and of ways of preventing and punishing terrorism calls for international political and legal co-operation. Any analysis of terrorism in individual states would be mere short-sightedness". In the interval between these two speeches by the Spanish Head of Government, the Parliamentary Assembly adopted, on May 9th, Recommendation 982, which takes up Spain's initiative and proposes the holding of a conference of Heads of State and Government on terrorism. In a recent article in an international legal review, our Minister of Foreign Affairs, Fernando Moran, wrote: "We followed with CONFIDENTIAL - 99 - CM/Del/Concl(84)375 Item 27 great interest the recent Conference of Ministers of Justice, held in Madrid under Council of Europe auspices, and we noticed that, throughout its work and alongside purely technical issues, it supported the appeal launched by our President when he visited Strasbourg and proposed the holding of a meeting of high-level European policy-makers to study the causes of the scourge of terrorism in the modern world and to try to find remedies. Terrorism seeks to destabilise our democratic systems and replace, to some extent, the international armed conflict of an earlier day. However, it is not enough to punish these corrosive and often indiscriminate acts of violence or to take the necessary steps to eliminate them. Cloaked with quasi-political arguments, organised violence knows well that open societies, in which conflicts are resolved on the basis of respect for the principles of co-existence and pluralism, are the most vulnerable to the attacks of armed gangs. Spain is particularly sensitive to any threat to liberty, since she has just recovered her own and values it highly. Terrorism, which threatens the destruction of liberty, can only be countered by reinforcing democracy. Paradoxically, the more democratic and open a society is, the more it is threatened by the international terrorist network. My government's priority aim is to consolidate Spanish democracy and we have therefore spared no effort to develop international democratic co-operation against terrorism. In this field, as in others covered by the Council of Europe, I am aware of the obstacles which frequently stand in the way of effective action. Some of these obstacles are such that they cannot be dealt with simply through legislative channels and, once they have been identified, effective inter-state co-operation is needed to correct or remove them". And so, Mr Chairman, ladies and gentlemen, we find ourselves facing a situation which calls for a decision to which we, I tell you plainly, attach great importance, not only for ourselves, but for the very future of our Organisation. Of all the problems which threaten the security of our democratic systems, no other is so serious or puts such a strain on European solidarity as terrorism. It ignores frontiers, spreads beyond national boundaries and takes advantage of any successes scored in one country to step up its activities in others. Of the proposals contained in CM(84)184, prepared by the Directorate of Legal Affairs, we favour the one for the holding, as soon as possible, of an inter-disciplinary ministerial meeting, open to all those agencies with responsibilities in the fields of international relations, justice and security. This conference should perhaps be preceded by a meeting of senior officials, with no fixed agenda, to discuss ways of making progress with European co-operation against terrorism and thus making it possible to hold the proposed conference before next June." CONFIDENTIAL CM/Del/Concl(84)375 - 100 - Item 27
The Representative of the United Kingdom congratulated the Secretariat on document CM(84)184 which in his view set out very clearly the various possibilities. In his view a wider interdepartmental body was needed. First, there should be a meeting of senior officials to exchange views on forms of future co-operation. He thought that a permanent body analogous to the Pompidou co-operation group to combat drug abuse and illicit trafficking in drugs might be set up under the Partial Agreement procedure, if necessary. He hoped that the Secretariat might soon be asked to convene such a meeting to examine the proposals in CM(84)184 so that an interim report might be submitted to the Committee of Ministers meeting on 22 November 1984. The Representative of the Netherlands made the following statement : "International co-operation in the fight against terrorism is a subject with many technical aspects. That is why it seems wise to call for an ad hoc conference of specialised ministers and, depending on the results of this conference, to study the necessity of a conference of government leaders on this subject. Such a conference of specialised ministers has to be well prepared and it may be good to institute a group for this preparation. At the moment it seems premature to decide about the setting up of permanent international co-operation within the Council of Europe. This could be decided during the conference of specialised ministers. During the preparatory discussions it could be seen if the matters which are mentioned in CM(84)184 under point 9 are fit for discussion by specialised ministers. In our opinion the discussion should limit itself to the questions dealing with terrorism and not with other forms of organised international crime. Otherwise it would make the field too wide for discussion during the ad hoc conference of specialised Ministers or government leaders. My authorities are of the opinion that we have to be careful in designing tasks in the field of international police co-operation. This to avoid duplication and competition with already existing international organisations as there is in Interpol." The Representative of the Federal Republic of Germany made the following statement : "My authorities would like to stress that they support any action to curb terrorism and attach great importance to solidarity between the nations of Europe. It is for this reason - provided that the necessary finance can be found within the budget as it stands - that my authorities support the proposal of the Ministers of Justice for the rapid establishment of an ad hoc interministerial body within the Council of Europe. CONFIDENTIAL
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This body should be given the following terms of reference: 1. To inventorise the problems which arise in suppressing terrorism; 2. To submit to the Committee of Ministers proposals on ways in which the Council of Europe can contribute, within its sphere of competence, to the defence of democracy against terrorism, bearing in mind the Assembly's proposals in Recommendation 982 and Resolution No 4 of the Ministers of Justice. To avoid duplication of work, this body should take the work of other institutions into account. I propose that the Assembly be given a provisional reply, referring to the establishment of an ad hoc body. My authorities have studied the Secretariat's proposals in paragraph 7 of CM(84)184, but are not yet in a position to give a verdict on them, and propose that this question be discussed again at a future meeting". The Representative of Turkey said that his authorities were both in favour of concerted action to fight terrorism and open to all suggestions of a practical nature such as the setting up of a body analogous to the Pompidou Group. The Representative of Italy said that his authorities were open to all suggestions including the setting up of a permanent body which he hoped might also study other related matters such as arms trafficking and the influence of drug trafficking on these problems in order to reach concrete and effective solutions towards for instance a better co-operation between police forces and a limitation of cases where asylum is granted to foreign terrorists. Certain ideas advanced among the Ten might also be extended to the Twenty-One. The Representative of Austria said that his authorities were ready in principle to support any proposal along the lines discussed but thought the legal aspects of the problem had already been adequately covered. Nor did he think it appropriate to consider organised international crime in general as that would be too time-consuming. His authorities' attitude to the proposed permanent body was the same as that of the Netherlands, namely that if it were to be set up, it should be the outcome of an interministerial conference. The Representative of Switzerland said that his authorities were also sympathetic to the holding of a high-level meeting and might possibly be interested by the idea of setting up a permanent body but thought that care should be taken to prevent such a body from overlapping with other bodies such as Interpol and the "TREVI Group". In respect of acts of terrorism against diplomats he recalled that there were two existing United Nations Conventions in force in this field, namely the Convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents, and the International Convention against the taking of hostages. CONFIDENTIAL CM/Del/Concl(84)375 - 102 - Item 27
With regard to Point 12 of Assembly Recommendation 982 on the defence of democracy against terrorism in Europe (see item 31 of the agenda of the present meeting) he pointed to a possible contradiction between the avowed objective of greater freedom of movement and the control of transfrontier terrorist activities. The Representative of Portugal said that his authorities were open to any suggestion on the holding of a high-level meeting but emphasised that, in view of the international ramifications of terrorism, attention should be extended to such ramifications. The Representative of France made the following proposal respecting Resolution No 4: "The body referred to in the Madrid Resolution should not be set up without thorough preparation and before a detailed study concerning its nature, composition and terms of reference has been completed. The French authorities accordingly propose the setting-up of an ad hoc working party answerable to the Committee of Ministers and receiving from the latter terms of reference for the carrying-out of such an exploratory study. These terms of reference could be limited to three months. The experts serving on the working party would be asked to submit their proposals to the Ministers' Deputies". The Representative of Ireland said that "his authorities are examining in a positive spirit the various proposals under consideration. In examining their relative merits and important consideration would be to see whether they would greatly increase the degree of existing co-operation in the field of terrorism and organised crime. The French proposal certainly merited careful consideration. An adequate timetable would be desirable for continued deliberations." The Representatives of Belgium, the Netherlands, Switzerland and the United Kingdom expressed their support for the French proposal but the United Kingdom Representative wondered whether an interim report might be submitted to the Committee of Ministers session in November. The Representatives of the Federal Republic of Germany and Italy, whilst supporting the French proposal, asked how the proposed ad hoc working party would be made up. In reply the Director of Legal Affairs pointed to paragraph 6 of Secretariat memorandum CM(84)184 which referred to the need for a political and interdiciplinary approach. The choice of experts would be for each individual country to make but it was hoped that the composition of the working party would as far as possible be interdepartmental. In reply to the United Kingdom Representative he hoped that the proposed meeting could be held early enough to make it possible to present some kind of progress report to the Ministerial meeting in November. CONFIDENTIAL - 103 - CM/Del/Concl(84)375 Item 27
At a later stage in the meeting, the Director informed the Committee that the proposed meeting would be convened at the expense of each individual Government for two days during the week starting on 22 October. Consequently an interim report could be submitted first to the 377th meeting of the Deputies (9-14 November 1984) and subsequently to the 75th Session of the Committee of Ministers on 22 November 1984.
Decisions The Deputies 1. took note of Resolutions Nos. 1 to 5 of the 14th Conference of European Ministers of Justice (Madrid, 29 to 31 May 1984); 2. forwarded Resolutions Nos. 1 and 3 to the European Committee on Legal Co-operation (CDCJ) so that they can be taken into account in its future work; 3. forwarded Resolution No. 2 to the European Committee on Crime Problems (CDPC) so that it can be taken into account in its future work; 4. agreed to set up under the authority of the Committee of Ministers an ad hoc multidisciplinary working party on terrorism; all delegations would be entitled, if they so wished, to send senior officials responsible in their respective government departments for questions relating to the combat against terrorism. The working party will examine, in particular in the light of Resolution No 4 and of the views expressed at the present meeting, possibilities for future action in this field; 5. instructed the ad hoc working party to draw up its report if possible by 31 December 1984, and to draw up if possible an interim report which might be submitted to the Ministers at their 75th Session (21 and 22 November 1984).
CONFIDENTIAL - 105 - CM/Del/Concl(84)375 Item 28
28. AD HOC COMMITTEE OF EXPERTS ON ETHICAL AND LEGAL PROBLEMS RELATING TO HUMAN GENETICS (CAHGE) Report of the 2nd meeting (Strasourg, 12-15 June 1984) (Concl(83)367/20, CM(84)139)
1. Terms of reference, work programme and membership of the CAHGE The Representative of Norway noted that, after dealing in a satisfactory way with recombinant DNA, the CAHGE proposed now to turn to other problem areas. This was acceptable, provided it was accompanied by a modification in the CAHGE's composition. In spite of the title of the committee, only one or two members were real experts on human genetics, whilst none was an expert on human molecular biology, cell biology or embryology. Also experts in gynaecology and obstetrics would be needed to deal with in vitro fertilisation. The Secretariat should therefore be instructed to put forward proposals for, and to encourage, a more balanced composition of the CAHGE, possibly along the following lines: six experts on human genetics, three to six experts on other branches of biology and the rest lawyers or authorities on ethics. The Representative of Italy submitted that there was no reason to appoint authorities on ethics as such. Lawyers and scientists themselves were in a position to evaluate the moral implications of their work. In any case, if authorities on ethics were to be appointed they should be sociologists and not representatives of religious or confessional groups. The Representative of France reiterated his authorities' approach that every State should be free to appoint whomever it considered fit for discussing the items on the agenda. The Representative of the United Kingdom supported the statement of his French colleague and gave the example of his delegation to the CAHGE (two medical civil servants, who were involved in multidisciplinary work) to show how his authorities wisely used their freedom to appoint the most suitable persons. CONFIDENTIAL CM/Del/Concl(84)375 - 106 - Item 28
The Representative of Sweden supported the French and British position. Elaborating on the Italian suggestion not to invite representatives of religious groups, he proposed that the Secretariat might be authorised by the CAHGE to invite, on an ad hoc basis and in a personal capacity only, persons who were authorities on ethics. The Representative of Belgium reiterated the opinion, already expressed on previous occasions, that the presence of authorities on ethics was indispensable to keep a fair balance of the different points of view in the committee. The Deputy Director of Legal Affairs recalled that, after the first meeting of the CAHGE, at which 18 scientists but only 6 lawyers had participated, the Secretariat had launched an appeal to member governments to correct this imbalance and appoint more lawyers as their representatives to the CAHGE's meetings. Austria, Spain and Sweden had modified in this sense their delegation to the 2nd meeting, whilst the Federal Republic of Germany and the Netherlands had promised to do so in the future; it could therefore be said that lawyers were now adequately represented. The question of the adequate representation of the various branches of biological sciences would automatically be solved by the CAHGE's decision to have only one point on the agenda of each of its future meetings. Goverments would then be able to appoint scientists possessing that particular expertise. As far as authorities on ethics were concerned, he pointed out that Switzerland had announced its intention to appoint one for the next meeting. Another delegation might also do so. In conclusion, it seemed that the problem of a balanced composition of the CAHGE had been solved in a satisfactory way. 2. Rewording of the CAHGE's terms of reference Answering questions from the Chairman and from the Representative of Austria, the Deputy Director of Legal Affairs confirmed that the terms "cell biology and embryology" also covered the problem of the various uses of human foetuses. Consequently the CAHGE was going to study soon the twofold question of the legal status of the foetus while in its mother's uterus and of the admissible uses of it following abortion. The Deputy Director of Legal Affairs also reported that the CAHGE attached greater priority to the highly topical matters of in vitro fertilisation and the admissible uses of foetuses and lesser priority to the matter of genetic diagnosis. CONFIDENTIAL - 107 - CM/Del/Concl(84)375 Item 28
The Representative of the Federal Republic of Germany said that the German authorities expressed their satisfaction with the work done by the CAHGE. They agreed that the membership of the committee should be reinforced. They also agreed with the proposed terms of reference except for the last sentence from "With a view to harmonising ..." to the end of the paragraph. Before drafting legal instruments a discussion of the problems was needed. It was too early to envisage new legal instruments at that stage. On the contrary, the Representative of France, supported by the Representative of Austria, pointing to the words "if desirable", maintained that it was appropriate to leave the door open to any possible solution without any pre-emption. On the same lines, the Representative of the United Kingdom noted that the expression "legal instruments" also covered Committee of Ministers' Recommendations to governments as was the case with the text adopted under Decision 3 below, which had been prepared by the CAHGE. Also in favour of the draft terms of reference as proposed were the Representative of Switzerland for whom the prospect of a legal instrument was indispensable to bring about a satisfactory solution at European level, and the Representative of Portugal, for whom the final target of the study of "the consequences from ... legal ... angle" should be clearly spelled out. The Representative of Sweden invited the CAHGE to wait for the results of the work at present being carried out within the OECD on bio-safety before embarking upon new activities in the field. 3. Draft Recommendation concerning notification of work involving recombinant deoxyribonucleic acid (DNA) The Deputy Director of Legal Affairs said that the draft Recommendation was an example of fruitful co-operation with the European Communities; in fact it extended to the 21 member States of the Council of Europe the principle of the notification of work involving DNA, which was already in force for the 10 EEC member States. On the other hand, the draft contained two major improvements; firstly, since the rules on physical and biological containment were generally considered satisfactory, States may limit the application of the Recommendation only to the cases presenting a serious biohazard; secondly, since the present text covered all kinds of work involving recombinant DNA, it announced that it will be complemented by another text concerned with the use of recombinant DNA techniques involving human beings. CONFIDENTIAL CM/Del/Concl(84)375 - 108 - Item 28
Decisions The Deputies 1. took note of the opinion expressed by the ad hoc Committee of Experts on Ethical and Legal Problems relating to Human Genetics (CAHGE) on its membership (paragraphs 6 and 7 of CM(84)139); 2. approved the CAHGE's proposal that its terms of reference be reworded as follows : "To study, in particular in the light of Consultative Assembly Recommendation 934 (1982), the consequences from the ethical, legal, social and bio-safety aspects of the use of techniques deriving from developments in human genetics, molecular genetics, cell biology and embryology, with a view to harmonising the policies of the member States as far as possible, and, if desirable, to frame appropriate legal instruments"; 3. adopted Recommendation No. R(84)16 concerning notification of work involving recombinant deoxyribonucleic acid (DNA), as it appears at Appendix III to these Conclusions; 4. took note of the progress achieved in the CAHGE's work and, taking into account the decisions taken under points 1 to 3 above, took note of the report of the 2nd meeting of the CAHGE (CM(84)139) as a whole. CONFIDENTIAL - 109 - CM/Del/Concl(84)375 Item 29 29. DRAFT RECOMMENDATION OF THE COMMITTEE OF MINISTERS ON EQUALITY BETWEEN WOMEN AND MEN IN THE MEDIA (Concl(84)372/20, CM(84)165)
The Chairman recalled that at their 372nd meeting (May 1984, item 20) the Deputies had exchanged views on the draft Recommendation on equality between women and men in the media and had assigned ad hoc terms of reference to the Commitee of Experts on media policy (MM-PO) for it to give an opinion on the draft Recommendation. This opinion and the draft Recommendation were reproduced in CM(84)165. The Representative of Portugal said that when the draft Recommendation on television advertising prepared by the Steering Committee on the Mass Media (CDMM) was being discussed (366th meeting, item 23), his delegation had suggested that the opinion of the Committee of Equality between Women and Men (CAHFM) be sought on the problems regarding equality raised by the text. This suggestion, which had been supported by Austria, Spain and France, had not been accepted. He was therefore pleased to note that the MM-PO suggested in its opinion (paragraph 5) the inclusion in the new Recommendation of a paragraph concerning the portrayal of women and men in television advertisements, in the belief that this would be useful supplement to Recommendation No. R(84)3 on principles of television advertising adopted in February 1984. The Representative of Sweden wondered about the purport of the MM-PO's proposal that the Preamble be amended to take into account the fact that, in certain countries, media organisations were subject to a degree of control as regards some aspects of their daily management. The Representative of Switzerland favoured the adoption of the Recommendation with the inclusion of the amendments proposed by the MM-PO. With regard to the proposal that the verb "encourage" be used in paragraphs 8, 9 and 10 (paragraph 2 of the MM-PO's opinion), she could not accept the use of an even weaker verb. The Representative of Austria could accept the MM-PO's proposals, particularly the one concerning the use of the verb "encourage" in paragraphs 8, 9 and 10, which was dictated by the need to take account of the independence of the media. With regard to the proposal that a paragraph be introduced on the portrayal of women and men in television advertisements, he agreed with the Representative of Portugal and proposed that the following sentence be inserted in the Explanatory Memorandum: "The Steering Committee on the Mass Media (CDMM) had itself considered in Recommendation No. R(84)3 on principles of television advertising 'the importance of the portrayal of women and men in television advertising'". CONFIDENTIAL CM/Del/Concl(84)375 - 110 - Item 29
The Representative of the United Kingdom also favoured the use of the verb "encourage" in order to take account of the independence of the media. Her authorities considered, on the other hand, that the introduction of a reference to the portrayal of women and men in television advertising, which had already been rejected in connection with another Recommendation, was unacceptable. She could however accept a reference in the Explanatory Memorandum, as proposed by the Representative of Austria. The Representative of the Netherlands could accept the proposals regarding the use of the verb "encourage", the reference to the whole of the European Convention on Human Rights and not just to Article 10 thereof (paragraph 3 of the MM-PO's opinion) and the introduction of a paragraph on the portrayal of women and men in television advertising. With regard to the first of these proposals, women's participation in the media in his country had been made possible by legislation on equality between women and men. The Representative of Greece could accept the text of the draft Recommendation and the MM-PO's suggested amendments. The Representatives of the Federal Republic of Germany and Italy favoured the draft Recommendation with the inclusion of the proposals set out in paragraphs 2 and 3 of the MM-PO's opinion. Decisions The Deputies 1. adopted Recommendation No. R(84)17 on equality between women and men in the media, as it appears at Appendix IV to these Conclusions; 2. authorised publication of the explanatory memorandum (CM(84)165). CONFIDENTIAL - 111 - CM/Del/Concl(84)375 Item 30 30. DRAFT RECOMMENDATION OF THE COMMITTEE OF MINISTERS ON THE STRUGGLE AGAINST RACIAL DISCRIMINATION, HATRED AND VIOLENCE (Concl(84)374/17, Addendum IV and Corr. to CM(82)236 and Appendix IV to CM(84)102)
The Representative of the Netherlands, supported by the Representatives of the Federal Republic of Germany, Austria, Denmark and Switzerland, shared the opinion of the Steering Committee for Human Rights (CDDH) that paragraph (a) of the draft Recommendation (Addendum IV to CM(82)236) should be dropped, for the reasons the CDDH had expressed in Appendix IV to CM(84)102. He also questioned the usefulness of a Recommendation constituted by the present paragraph (b) only; to his mind, the content of paragraph (b) was more suitable for other purposes, for instance it could be reflected in the draft programme of intergovernmental activities. The Representatives of Portugal and the United Kingdom added that paragraph (a) was at the same time superfluous, because it merely recalled instruments already known to the governments, and incomplete because several instruments relevant to the matter were not quoted. The Representative of Portugal felt that more work was needed on the two comparative studies referred to in paragraph (b) before governments were asked to take action on the basis of them. The Representatives of the United Kingdom considered that a Recommendation consisting of paragraph (b) alone would reflect no credit on the Council of Europe. The Representatives of Turkey and Norway were in favour of maintaining paragraph (a) of the draft Recommendation. The Representative of Italy was ready to adopt a Recommendation consisting of paragraph (b) only. The Director of Legal Affairs recalled that the draft Recommendation had been drawn up on the initiative of the Committee of Ministers following Assembly Resolution 743 (1980) on the need to combat resurgent fascist propaganda and its racist aspects. Hence, it was for the Committee of Ministers to assess the usefulness of a Recommendation made up of paragraph (b) only. As far as the alleged incompleteness of paragraph (a) was concerned, he drew attention to the previous Resolutions of the Committee of Ministers quoted in the preamble, which contained a reference to those instruments not explicity mentioned in the draft Recommendation. CONFIDENTIAL CM/Del/Concl(84)375 - 112 - Item 30 The two comparative studies (Addendum IV to CM(82)236), which had been conscientiously made by the European Committee on Legal Co-operation (CDCJ) and the European Committee on Crime Problems (CDPC), had been approved by the CDCJ and CDPC after consultation with national administrations and had already been sent to the governments for information following a decision taken to this affect by the Deputies at their 356th meeting (February 1983, item 19). The Chairman, summing up the discussion, noted that the majority of those who had taken the floor were against the draft Recommendation. However, he thought that the work of the CDCJ and the CDPC would not be wasted, because the two comparative studies they had drawn up would certainly prove useful for governmental authorities. CONFIDENTIAL - 113 - CM/Del/Concl(84)375 Item 31
31. DEFENCE OF DEMOCRACY AGAINST TERRORISM IN EUROPE Assembly Recommendation 982 (Concl(84)372/4a, CM(84)184)
This item was discussed together with Item 27 of the agenda of the present meeting. Decision The Deputies adopted the following interim reply to Assembly Recommendation 982 on the defence of democracy against terrorism in Europe : "At the 375th meeting of the Ministers' Deputies (17-25 September 1984) the Committee of Ministers agreed to set up an ad hoc multidisciplinary working party under its authority to examine possibilities for Council of Europe action to combat terrorism. All delegations would be entitled to send senior officials responsible in their government departments for these questions."
CONFIDENTIAL - 115 - CM/Del/Concl(84)375 Item *32
*32. EUROPEAN COMMITTEE ON LEGAL CO-OPERATION (CDCJ) Report of the 41st meeting (Strasbourg, 25-29 June 1984) (CM(84)155 and Add. I-III)
XVth Colloquy on European Law (paragraphs 80 to 82 of CM(84)155) The Representative of Norway said that the theme of the XVth Colloquy on European Law (public liability for judicial acts) was not of great interest to his authorities. He urged the European Committee on Legal Co-operation (CDCJ) to identify themes susceptible of gaining wider support on the occasion of future colloquies, because such themes were likely to be reflected in the programme of activities. The Director of Legal Affairs pointed out that two main problem areas existed in this field of administrative law: public liability in general and public liability for judicial acts. Both of them already appeared in the CDCJ's programme of activities as approved by the Committee of Ministers; whilst on the first aspect the CDCJ had been able to agree on a draft Recommendation (submitted to the Committee of Ministers at the present meeting), on the second aspect the CDCJ had experienced difficulties in reconciling diverging opinions, and thought that a Colloquy on this subject matter would shed a new light and perhaps make agreement easier to reach. 1985 Programme of activities (paragraphs 31 to 33 of CM(84)155) The Director of Legal Affairs recalled that the specific terms of reference of three new committees of experts reproduced at Appendix II to CM(84)155 had already been approved under the tacit approval procedure. He also pointed out that, in compliance with the instructions of the Deputies, the CDCJ had proceeded to a vote on each proposed new activity and the result of the vote appeared in the meeting report. CONFIDENTIAL CM/Del/Concl(84)375 - 116 - Item *32
Draft Recommendation relating to public liability (Appendix I to Addendum I to CM(84)155) The Representative of Sweden made the following statement : "The Swedish Government supports the general idea behind Principle I that public liability should go beyond traditional liability based on fault alone. However, under Swedish law there is no right of compensation for damage arising out of acts by Parliament or by the Cabinet, whether of a normative or an administrative nature, unless the act has been reversed or amended. At the 41st meeting of the CDCJ the Swedish delegation proposed that States should be entitled to exclude certain categories of acts from the scope of the Recommendation, but this proposal was not adopted. Without the possibility of such exclusion, the Swedish Government cannot support Principle I as presently drafted. The Swedish Government considers Principle II to be too general and far-reaching. Therefore, the Swedish Government cannot support Principle II as presently drafted". The Representative of Denmark made the following statement: "Principle II in the draft Recommendation relating to public liability on a objective basis is inconsistent with basic principles in Danish law relating to liability. Principle II thus implies that the public authorities are obliged in certain cases to pay damages for rightful activity where there would be no grounds for liability for the public. Even if the application of this principle may be limited to certain categories of acts the said principle is so important for the whole draft Recommendation that it will not be possible for the Danish delegation to vote in favour of the draft Recommendation. The Danish authorities will also have to reserve their right to comply or not with this principle, should the Recommendation be adopted". In reply to a question from the Representative of Greece, the Director of Legal Affairs explained that the draft Recommendation concerned public liability in general, whilst the XVth Colloquy on European Law concerned the question of public liability for judicial acts. The Representative of Norway, after recalling that his delegation abstained in the CDCJ on this question, made the following statement: "It follows from Principle II of the Recommendation that objective liability may arise in certain cases as a result of legitimate public acts and where the authority has acted in a way which can reasonably be expected of it. Such a concept of public liability is not in accordance with Norwegian law, and no change in the legal situation in this field is envisaged. Unless the principle is restricted to the possibility for ex-gratia liability in each case, it is also unacceptable de lege ferenda. CONFIDENTIAL - 117 - CM/Del/Concl(84)375 Item *32
Even if a State may limit the application of Principle II to certain categories of acts, this principle is such an essential part of the Recommendation that Norway cannot vote in favour of the present text. If the Recommendation is adopted, Norway will enter a reservation on Principle II according to Art. 10.2.c. of the Rules of Procedure". The Representative of Ireland said that he would abstain in the vote because his authorities had reservations concerning the inclusion in the text of administrative acts carried out by judicial bodies. These should be expressly excluded from the scope of the Recommendation. Answering a question from the Chairman, the Director of Legal Affairs said the CDCJ, after thorough discussion, had rejected the proposals submitted by the Scandinavian countries and had adopted the draft Recommendation as it now stood by 12 votes in favour, none against and 6 abstentions. The Federal Republic of Germany had not taken part in the vote because the matter fell within the competence of the individual Länder. The Representative of the Federal Republic of Germany made the following statement: "The delegation of the Federal Republic of Germany welcomes the attempts of the Council of Europe to introduce general principles by means of the present draft Recommendation relating to public liability with a view to reinforcing the protection of the individual citizen against damaging acts caused by public authorities. According to the judgment of the Federal Constitutional Court of 1.9 October 1982 (BGBI. Part 1 page 1493) which declared the public liability law of 26 June 1981 (BGB1 I page 5539) null and void, power to legislate on public liability in the Federal Republic of Germany is vested not in the federation, as had so far been assumed, but, as a matter of principle, in the constitutional Länder. In view of the fact that it would not be possible for all the Länder to agree to the Recommendation, the Federal Republic of Germany abstains from voting on the Recommendation, nor can the Federal Republic assume any political obligation to integrate the Recommendation into domestic law". The Representative of Italy was now in a position to vote in favour of the draft Recommendation. The draft Recommendation relating to public liability was adopted by 12 votes in favour, none against and 6 abstentions. Draft Recommendation on legal protection against sex discrimination (Appendix I to Addendum II to CM(84)155) The Representative of Liechtenstein was very much in favour of the general principles embodied in the draft Recommendation on legal protection against sex discrimination, but had to reserve his Government's right to comply or not with certain provisions of it. CONFIDENTIAL CM/Del/Concl(84)375 - 118 - Item *32
The Representative of the Federal Republic of Germany made the following statement: "The German authorities cannot accept the last two sentences in paragraph 33 of the explanatory memorandum, owing to the prevailing system of taxation of couples known as the 'splitting system'. If the two sentences are not deleted, opponents of the 'splitting system' would now have a legal basis to demand the abolishment of the splitting system, which is not desirable for the German authorities. The German authorities have provided the text of an amendment to paragraph 33 which would make it possible for us to accept this Article. The wording of the sentence to be added to paragraph 33 is as follows: 'Equal treatment of spouses can also be guaranteed by the so-called splitting procedure in the case of joint taxation'." Answering questions from the Chairman and from the Representatives of Greece and Portugal, the Director of Legal Affairs explained that the explanatory memorandum to a Recommendation was drafted by the Secretariat under its own responsibility. It was then submitted to the committee of experts and to the steering committee from which the Recommendation stemmed. The Committee of Ministers was then invited only to authorise publication of the report but the Committee may decide to enter into the merits of the memorandum (as it had done in the past for other texts) and even amend it. Whilst the decision to adopt the Recommendation itself required a unanimous vote, the decision to authorise publication of the report was subject to the ordinary voting rules (Art. 20.d of the Statute of the Council of Europe). The Representative of Sweden raised strong objections to the draft text, which in his opinion was of too low a standard, even lower than the United Nations Convention on the elimination of all forms of discrimination against women. He also regretted that the Committee for equality between women and men (CAHFM) had not been consulted, and suggested that the text be submitted to that committee for opinion at this stage. The Representative of Norway supported the Swedish proposal and stated that he had been instructed to refuse any argument based on the "splitting taxation system". The Director of Legal Affairs explained that the co-ordination of work on this subject between the CDCJ and the CAHFM had, in accordance with Resolution (76)3, been assured by the Secretariat, that many experts of the CAHFM had also been appointed by the Governments to participate in the work of the Committee of Experts on sex discrimination (CJ-SE) and that the Bureau of the CAHFM had been fully apprised of the progress made by the CJ-SE and had not objected to the text presented. CONFIDENTIAL - 119 - CM/Del/Concl(84)375 Item *32 The Representative of the United Kingdom said that she would abstain if a vote were taken at the present meeting. If the draft Recommendation were to be strengthened as a result of the examination by the CAHFM, this might create problems for her authorities. The Representatives of Sweden and Spain proposed that the whole matter be postponed to a future meeting. The Deputies proceeded to a vote on the Swedish proposal to refer the matter to the CAHFM with the following result: 4 votes in favour, 12 against and 2 abstentions. By 11 votes in favour, none against and 6 abstentions, the Deputies decided to resume consideration of the draft Recommendation at one of their forthcoming meetings. Draft European Convention on Recognition of the Legal Personality of International Non-Governmental Organisations (Appendix I to Addendum III to CM(84)155) The Representative of the Federal Republic of Germany was in favour of seeking the opinion of the Assembly on the draft Convention, provided it was made clear that the governments would be under no obligation to follow such an opinion. Replying to the Representatives of Switzerland and Spain, the Director of Legal Affairs stressed the advisability of seeking the opinion of the Assembly on a matter on which the Assembly had always been very interested and active (as witnessed by the organisation the previous year of a colloquy on the role of NGOs in contemporary society). The involvement of parliamentarians at this stage would reduce the risk of the Convention never receiving an adequate number of ratifications. He recalled that Mr Pahr, former Minister for Foreign Affairs of Austria, had suggested pursuing such a practice as a means to foster ratification of Council of Europe treaties. The Director of Legal Affairs also explained that the Select Committee of Experts on International Non-governmental Organisations (CJ-R-OR) had proposed to the CDCJ new activities in the field of the NGOs, but the CDCJ accorded higher priority to activities in other fields. If it were the wish of the Committee of Ministers, the CDCJ might be asked to review its decision, but this would be to the detriment of other priority activities. The Representative of Austria and Cyprus were in favour of seeking the opinion of the Assembly on the draft Convention. Decisions The Deputies 1. authorised the Secretary General, subject to their decisions on the draft 1985 Programme of Activities, to make arrangements as outlined in paragraph 37 of CM(84)155 to hold the 8th Symposium on Legal Data Processing, on "access to legal data bases in Europe", in Luxembourg in 1985; CONFIDENTIAL CM/Del/Concl(84)375 - 120 - Item *32 2. authorised the Secretary General to organise a conference in Strasbourg in 1985 on teaching on "computers and law" in universities and other similar institutions in the light of Recommendation No. R(80)3 concerning teaching, research and training in the field of "computers and law", on the understanding that the member States would pay their experts' participation expenses, secretarial services being provided by the Council of Europe, which would also cover the cost of interpretation (French-English) (CM(84)155, paragraph 37); 3. authorised the Secretary General to make arrangements as outlined in CM(84)155, paragraphs 57 to 61, for a colloquy in Messina in 1985 on "the protection of the individual with regard to acts of tax and customs administrations", on the understanding that the International Sociological Penal and Penitentiary Research and Studies Centre would meet the cost of participation of one expert per member State and the Council of Europe would bear the costs of the Chairman, three rapporteurs and interpretation from French to English and vice-versa; 4. authorised the Secretary General, subject to their decisions on the draft 1985 Programme of Activities, to make arrangements (see CM(84)155, paragraphs 80 to 82) for the XVth Colloquy on European Law, probably in Bordeaux (France), which will study the question of public liability for judicial acts; 5. took note of the CDCJ's comments on activities for the 1985 Programme of Activities (paragraphs 31 to 73); 6. adopted Recommendation No R(84)15 relating to public liability, as it appears at Appendix V to these Conclusions and authorised publication of the explanatory memorandum relating to the Recommendation as it appears at Appendix II to Add. I to CM(84)155; 7. agreed to resume consideration of the draft Recommendation on legal protection against sex discrimination (Appendix I to Addendum II to CM(84)155) at one of their forthcoming meetings; 8. agreed to invite the Assembly to give an opinion on the draft European Convention on Recognition of the Legal Personality of International Non-Governmental Organisations (Appendix I to Addendum III to CM(84)155); 9. having regard to decisions 1-8 above, took note of the report of the 41st meeting of the European Committee on Legal Co-operation (CDCJ) (Strasbourg, 25-29 June 1984) (CM(84)155 and Addendum I). When Recommendation No R(84)15 was adopted (decision 6 above), and in application of Article 10.2.c of the Rules of Procedure for the meetings of the Ministers' Deputies, the Representative of Sweden reserved the right of his government to comply with it or not and the Representatives of Denmark and Norway reserved the right of their governments to comply or not with Principle II thereof. CONFIDENTIAL - 121 - CM/Del/Concl(84)375 Item *33
*33 AD HOC COMMITTEE OF EXPERTS FOR IDENTITY DOCUMENTS AND MOVEMENTS OF PERSONS (CAHID) Report of the 18th meeting (Strasbourg, 3-6 July 1984) (CM(84)166)
The Representative of the United Kingdom drew the attention of the Deputies to the fact that contrary to what might be inferred from the report of the CAHID (CM(84)166 paragraph 53) the Deputies had not yet agreed to the holding of a colloquy on the question of nomads. The Secretariat had been asked to prepare a feasibility study on this question. She was glad that the agenda Notes had made this clear. The Representative of Austria referred to paragraphs 35.2 and 61 of the CAHID report, and stressed vigorously the hope of the Austrian authorities that a sufficient majority would be formed within the CAHID, which would allow the matter of the harmonisation of travel documents to be successfully dealt with at the Council of Europe level. In his opinion, a uniform passport analogous to the one adopted by the European Communities should be discussed by the wider Council of Europe membership. Decision The Deputies took note of the report of the 18th meeting of the ad hoc Committee of Experts for Identity Documents and Movement of Persons (CAHID) (CM(84)166).
CONFIDENTIAL - 123 - CM/Del/Concl(84)375 Item *34 *34. DANGERS OF OVER-POPULATION OF DOMESTIC ANIMALS FOR THE HEALTH AND HYGIENE OF MAN, AND HUMANE METHODS OF LIMITING SUCH DANGERS Assembly Recommendation 860 (Concl(80)320/V, Concl(84)367/16)
Decision The Deputies adopted the following reply to Assembly Recommendation 860:
"The Committee of Ministers is able to complete as follows the information previously transmitted to the Assembly on action taken on Recommendation 860 on the dangers of over-population of domestic animals for the health and hygiene of man, and on humane methods of limiting such dangers. With the agreement of the Committee of Ministers the ad hoc Committee of Experts for the Protection of Animals (CAHPA) has decided to continue its work on the drafting of one or more legal instruments on the protection of pet animals, dealing in particular with the questions raised in paragraph 5 of Recommendation 860. Thus, at its 14th meeting, held in Strasbourg from 15 to 18 May 1984 and on the basis of draft Articles prepared by a working group and provisions indicated at its previous meeting, the CAHPA drafted a number of provisions to be included in a legal instrument dealing, inter alia, with the housing, breeding and exchange of pet animals. Furthermore, the CAHPA instructed its working group to examine a number of other points concerning the protection of pet animals and to draft relevant provisions for the committee's 15th meeting, which is scheduled for December 1984. The CAHPA will decide as to the form of the legal instrument to be drafted when it has determined the content thereof."
CONFIDENTIAL - 125 - CM/Del/Concl(84)375 Item *35
*35. ACQUISITION BY REFUGEES OF THE NATIONALITY OF THE RECEIVING COUNTRY Assembly Recommendation 984 (Concl(84)372/4a, CM(84)179)
The Director of Legal Affairs indicated that at its latest meeting, the Ad hoc Committee on the Legal Aspects of Territorial Asylum and Refugees (CAHAR) had amended its draft Recommendation on the acquisition by refugees of the nationality of the receiving country. The new draft would be submitted forthwith to the Committee of Ministers with the report of the CAHAR meeting. He suggested that the Deputies should await that report before giving a reply to Assembly Recommendation 984. The Representative of Austria stated that his authorities could endorse Assembly Recommendation 984 since refugees in Austria could obtain Austrian nationality after four years' residence. That provision applied equally to spouses and children. Austria had ratified the New York Convention of 30 August 1961 on the reduction of statelessness 12 years ago. For the moment, the Austrian authorities did not intend to accede to the Berne Convention of 13 September 1973 aiming at the reduction of the number of cases of statelessness. The Representative of Norway made the following statement: "We can go along with the Assembly's suggestion in 7 i to carry out a study aiming at liberalising legislation and practice in relation to the naturalisation of refugees. We think it is appropriate that CAHAR is responsible for such an undertaking. In 7 ii the Assembly asks for a flexible application of provisions relating to naturalisation, especially as regards residence requirements, length of procedures and cost of acquiring nationality. Norway has a residence requirement of 7 years and the application procedures normally take from 6 to 12 months from introduction to the final stage. However, exceptions are made for reasons of personal welfare and this applies especially to refugees. The policy is thus to obtain flexibility by linking the exceptions to the individual welfare of applicants rather than to a certain category of refugees. As from 1 May 1984 acquisition of Norwegian nationality for refugees and all other categories is free of charge. CONFIDENTIAL CM/Del/Concl(84)375 - 126 - Item *35 As regards 7 iii, Norway does not reject nationality application from a child or children of refugees because he or she was not born in Norway. There is no residence requirement for children under the age of 12, who will automatically be included in the parents' certificate. For children above that age the legal situation is more complex. The Norwegian authorities do not think it desirable that children should automatically and without exception acquire nationality if the parent or parents have done so. It is not a foregone conclusion that such automatic acquisition will always be in the interest of the refugee in question." The Representative of Belgium emphasised that Belgian legislation complied with the aims of Recommendation 984. The new nationality code which would enter into force on 1 January 1985 confirmed the legislative provisions concerning naturalisation of refugees. Belgian nationality was granted automatically to minor children of naturalised refugees. The Representative of Denmark supported Assembly Recommendation 984. In Denmark, legislation on naturalisation was applied liberally to refugees; thus residence requirements were reduced, the procedure was free of charge and the requirements for knowledge of Danish were not applied strictly. The Representatives of France and Switzerland preferred to await the CAHAR report before replying to the Assembly. The Representative of Italy would have liked to see an interim reply, even a very short one, to the Assembly. Decision The Deputies agreed to resume consideration of this item at B level at their 378th meeting (November/December 1984 - A and B levels). CONFIDENTIAL - 127 - CM/Del/Concl(84)375 Item *36 *36. PROCEDURES FOR VERIFYING APPLICATIONS FOR ASYLUM Written Question No. 275 by Mr Büchner (Concl(84)374/22, CM(84)113 and Add.)
The Representative of Switzerland agreed with the draft reply and Appendix thereto to Written Question No. 275 by Mr Büchner on procedures for verifying applications for asylum, as prepared by the Secretariat (Notes on the Agenda No. 5058). However, like the German authorities, the Swiss authorities felt it should be pointed out that confirmation that the applicant had not committed an ordinary crime before entering the territory on which he submitted his application must be sought in compliance with principle 9 of Recommendation No. R (81)16 of the Committee of Ministers on the harmonisation of national procedures relating to asylum. In particular, the authorities of the country of origin must not be informed of the application for asylum. Interpol's practice in the matter involved a ban on referring to asylum applications. In addition, information must not be requested if the facts reported by the applicant were not regarded as ordinary offences by the state to which the application for asylum was made. Decision The Deputies adopted the following reply to Written Question No. 275 by Mr. Büchner: "1. The Committee of Ministers has considered Written Question No. 275 by Mr. Büchner on procedures for verifying applications for asylum in the light of a legal opinion on the compatibility of certain aspects of national asylum application procedures with the principles set out in Committee of Ministers Recommendation No. R(81)16 on the harmonisation of national procedures relating to asylum. Following that consideration, the Committee of Ministers wishes to reply as below to the Written Question. 2. The purpose of Recommendation No. R(81)16 is "to define the guarantees which national procedures for examining asylum requests should offer to applicants and for this purpose to establish common principles"; to this end the governments of member States are invited to give effect in their law and administrative practice to the principles laid down in the Recommendation. As regards the harmonisation of national procedures relating to asylum, the Recommendation applies not only to the determination of refugee status under the Convention relating to the status of refugees of 28 July 1951 (Geneva Convention) but also to all applications for asylum, whether based on the criteria laid down in the Geneva Convention or on other criteria warranting the granting of asylum but not meeting the criteria laid down for the granting of refugee status. CONFIDENTIAL CM/Del/Concl(84)375 - 128 - Item *36
3. With regard to the Geneva Convention and its criteria for the granting of refugee status (Article 1.A(2)), it should be noted that its provisions do not apply to "any person with respect to whom there are serious reasons for considering that ... he has committed a serious, non-political crime outside the country of refuge prior to his admission to that country as a refugee" (Article 1.F(b)). In such a situation the competent authorities' examination of an asylum request with a view to making a decision based on a full knowledge of all aspects of the case may also entail seeking confirmation that the applicant has not, prior to his entry into the territory where he is presenting his application, committed a serious, non-political crime. 4. However, under the terms of Recommendation No. R(81)16, national procedures for examining asylum requests, including the gathering of information needed in particular cases, should comply with a number of basic principles, the first of which is that all asylum requests shall be dealt with objectively and impartially (Principle No. 1). This principle should be applied at all stages in the procedure up to the final decision on the asylum request. Furthermore, it should not be dissociated from procedural guarantees such as the right to be heard, when necesary with the assistance of an interpreter, and the right to be assisted by a lawyer at an appropriate stage of the procedure (Principle No. 6). 5. Now, in certain circumstances, enquiries with homeland authorities might result in the inclusion in the procedure for examining asylum requests of "information" (both facts and the legal definition on which they are based) which conflicts with the requirement that the procedure be both objective and impartial. Since the definition of the essential components of a non-political crime can vary from one legal system to another, problems might well arise if the authorities responsible for examining an asylum request accepted without question the definition applied in the country of origin. 6. A further principle laid down in Recommendation No. R(81)16 is that "the confidential character of the asylum request, of declarations made by the applicant and of the other elements in his file shall be protected" (Principle No. 9). The "travaux préparatoires" for this Recommendation show that this principle was specifically intended to cover relations with the country of origin and the applicant's interest in ensuring the preservation of the confidentiality of his request vis-à-vis his country of origin. 7. In the light of the foregoing, it would appear that verifying through enquiries with homeland authorities those assertions of applicants for asylum which concern criminal action could, in certain circumstances, notably the absence of specific examination of information supplied by the authorities of the country of origin, be deemed incompatible with the principles set forth in Recommendation No. R(81)16 of the Committee of Ministers on the harmonisation of national procedures relating to asylum. CONFIDENTIAL - 129 - CM/Del/Concl(84)375 Item * 36
8. The German authorities have forwarded to the Committee of Ministers the information reproduced at the Appendix to this reply.
APPENDIX
If during asylum application procedures the applicant refers to non-political offences committed abroad, the German criminal prosecution authorities, in order to be able to take the necessary criminal measures, are not authorised to verify such information without the consent of the Minister of the Interior and the Minister of Justice. Such consent is given only for individual cases and provided that the enquiry addressed to the foreign country does not mention the application for asylum. The German authorities do not consider that this procedure is incompatible with Committee of Ministers Recommendation No. R(81)16 nor that there is any interference with Principle No. 9 of the Recommendation. The confidential nature of the application for asylum and of statements made in connection therewith is in all cases preserved."
CONFIDENTIAL - 131 - CM/Del/Concl(84)375 Item *37
*37. UNITED NATIONS CONVENTION ON THE LAW OF THE SEA Assembly Recommendation 983 (Concl(84)372/4a, CM(84)167)
The Representative of Turkey made the following statement: "Turkey, which took an active part in the Conference on the Law of the Sea, worked throughout to ensure that the result would be a fair, lasting system acceptable to all the States concerned and reflecting the interests of all. That is why Turkey insisted on the importance of differences arising from geographical characteristics and therefore requested that a balance be struck between the interests of countries with different geographical structures. But as the final text did not attach sufficient importance to this question of balance, Turkey was unable to sign the Convention. Furthermore, as indicated by the Assembly in paragraph 3 of its Recommendation 983, a number of issues in the Convention are controversial as a result of opposing interests between industrialised and developing countries. This also applies to some of the Council of Europe member countries. These opposing interests and imbalances plainly show that the Convention fails to fulfil the initial ambition of the Conference on the Law of the Sea, which was to establish a universal system. That is why we believe the States concerned should consider the matter without haste and with the greatest possible flexibility. In its Recommendation the Assembly adopts a different position on this point, urging governments which have not signed the Convention to do so speedily. In our view, this haste is unjustified. Contrary to what is said in the Recommendation, the deadline of 9 December 1984 is not really a deadline because any State wishing to accede to the Convention could do so even after that date. In addition, we do not consider it necessary to sign the Convention in order to take part in the Preparatory Commission's work. In Notes No. 5059 it is proposed that the Recommendation be forwarded to the governments for information. However, for the reasons we have just given, we are unable to take note of Recommendation 983, since we do not agree with its wording." CONFIDENTIAL CM/Del/Concl(84)375 - 132 - Item *37
The Director of Legal Affairs referred to the comments made by the Secretariat in paragraph 6 of CM(84)167. He drew the Deputies' attention to the highly political nature of the issue of the Council of Europe member States' signing the Convention and suggested that the European Committee on Legal Co-operation (CDCJ) should not be asked for its opinion on the matter. The Representative of Austria regretted that the Assembly should have forgotten to refer explicitly to the special situation of member States which were land-locked or geographically disadvantaged. Article 254 of the Convention meant precisely that when it mentioned regional co-operation between the various categories of countries in the area of marine scientific research and the need to foster such co-operation. He wished to see that aspect mentioned in the reply to the Assembly. He added that Austria had signed the Convention in 1983. In his opinion, an appeal of the Committee of Ministers to States which had not signed was not necessary, since forwarding of the Assembly's Recommendation to the governments amounted to just that. The Representative of Switzerland said that the problem of whether to sign had to be resolved individually by each State and that it was unnecessary to forward the Assembly documents to the governments. However, she would not oppose such a step. She supported the views of the Representative of Austria on land-locked and geographically disadvantaged States. The Representative of Greece said that the Convention was an instrument of cardinal importance which had already been signed by 120 States. It was advisable not to lay the matter before the CDCJ, but the Committee of Ministers could nevertheless make an appeal to States which had not signed. The Assembly had precisely asked the Committee of Ministers to invite the various States to sign the Convention and play a more active part in the Preparatory Commission of the International Sea-bed Authority. He proposed that the Deputies reach a decision on that point. The Representative of Cyprus agreed. The Representative of Belgium felt that it was rather unrealistic both to invite the States to sign the Convention and to lay the matter of signature before the CDCJ. The Representative of Denmark said that her authorities also agreed with the views expressed by the Secretariat in paragraph 6 of CM(84)167, and further made the following statement: "The deadline for signing the Convention expires on 9 December 1984. The Danish authorities find it extremely important that as many countries as possible sign the Convention, because an effective international law of the sea can be obtained only through a Convention which is widely accepted. In the Danish view there is no alternative to the United Nation Convention on the Law of the Sea. CONFIDENTIAL - 133 - CM/Del/Concl(84)375 Item *37 If the Convention is signed by the largest countries the prospects for the implementation of the Convention will be improved. A great part of these countries are to be found among the member countries of the Council of Europe. It is therefore the Danish hope that as many of the member countries of the Council of Europe as possible, which have not yet decided to sign the Convention, will do so before 9 December. Signature - with usual reservation in respect of later ratification - is a less expensive admission card to the Convention than definitive accession. After 9 December this is the only possibility for countries which have not signed the Convention. Furthermore, signature of the Convention gives access to full membership of the Preparatory Commission. In this way there is a possibility of making a more effective influence on the future regime concerning marine mining and thereby to make this regime more attractive for the western countries involved which find the other provisions of the Convention satisfactory. In this way the prospects for a universal acceptable Convention may be improved." The Representative of the Federal Republic of Germany made the following statement: "1. Signature of the United Nations Convention on the law of the sea The Federal Government will decide on the signing of the Convention probably in October. We share the Secretariat's opinion that it would be unrealistic to request the opinion of the CDCJ in the light of the fact that the signing period expires on 9 December 1984. We agree on forwarding Assembly Recommendation 983 for information to the governments of member States. We also agree to instructing the Secretariat to prepare a draft reply to Asssmbly Recommendation 983 as proposed by the Secretariat. 2. Marine scientific research, the protection of the marine environment and fisheries co-operation My Government supports Recommendation 983 as to marine scientific research, the protection of the marine environment and fisheries co-operation. However, concerning the allocation of development assistance measures to foster co-operation with developing coastal States, we wish to point out that the priorities of the use of development assistance measures are decided by the receiving developing countries. 3. European Convention on the protection of the underwater cultural heritage My Government is interested in such a Convention but would like to see it very thoroughly worked out rather than have it early but poorly conceived." CM/Del/Concl(84)375 - 134 - Item *37
The Representative of Norway said that the Norwegian Government's position was more or less consistent with that adopted by the Assembly in paragraph 14 of Recommendation 983. He did not think it necessary to refer the question of signing the Convention to the CDCJ, but could agree to its being sent to the member States. The Representative of Spain thought that the Assembly's attitude was unrealistic: any decision on the signing of an international Convention was a question of national sovereignty. This being so, there could be no question of a time-limit, and it also followed, first, that consultation of the CDCJ was unthinkable and, secondly, that transmission of Recommendation 983 to States was purposeless. In his view, the reply to the Assembly should reflect the opposition to Recommendation 983 expressed by certain delegations. The Representative of the United Kingdom agreed with the Secretariat that there was no point in asking the CDCJ for an opinion on the question of signing, but had no objection to the sending of the text to governments. Referring specifically to the comments of the Danish and Greek delegations, she stressed that the United Kingdom was already playing an active part in the Preparatory Commission's work and hoped to secure changes which would allow Britain to sign. Accession to the Convention remained a possibility after 9 December 1984. The Chairman put the Greek proposal to the vote. Result: 7 in favour, 6 against and 3 abstentions. The Representatives of Italy and the Federal Republic of Germany thought that it might well be useful to send the Assembly texts to their governments, particularly at a time when signing of the Convention was the subject of debate in their countries. Decisions The Deputies 1. agreed to transmit Assembly Recommendation 983 on the United Nations Convention on the Law of the Sea, together with the related documents (Docs. 5194, 5217, 5221, 5202 and 5198) to the governments of the member States for information; 2. adopted the following reply to Recommendation 983: "The Committee of Ministers has examined with interest Assembly Recommendation 983 (1984) on the United Nations Convention on the Law of the Sea. It has agreed to transmit it, together with the relevant documents from the Assembly committees concerned, to the governments of the member States for information. In addition, the Committee of Ministers wishes to make a number of observations on certain aspects of the questions raised in that Recommendation. CONFIDENTIAL - 135 - CM/Del/Concl(84)375 Item *37
With regard to marine scientific research and protection of the marine environment, it may be observed that the Council of Europe is already carrying out activities on post-graduate training in oceanography. These are part of the European programme for the development of post-graduate training put forward by the Standing Conference on University Problems (CC-PU). While the main objective of these projects is to expand post-graduate training, they are also designed to stimulate co-operation on a sectoral basis in the field of oceanography. The projects carried out to date and planned for this year and for 1985-86 are as follows: In 1981 the organisation of a European workshop on the exploitation and management of living marine resources (United Kingdom); In 1982 the organisation of European intensive courses on: a. diseases and health control of farmed fish, including shellfish and crustaceans in Europe (United Kingdom); b. marine benthic phyto-sociology and algae culture in the Mediterranean (France) with the co-operation of UNESCO; In 1983 the organisation of a round table on "Blue Europe and its Universities" (Council of Europe); In 1984/86 the organisation of European intensive courses and workshops on: a. diseases of fish and shellfish - 1984 (United Kingdom); b. modelling and management of marine systems - 1984 (Belgium); c. knowledge and management of littoral border and pre-continental environment - 1985 (France); d. biological aspects of fish farming: rearing techniques - 1986 (Italy); e. evaluation of criteria for management: of estuarine systems - 1986 (United Kingdom); f. coastal zone management in relation to living marine resources - 1986 (Norway); g. fisheries control: legal, economic and social aspects - 1986 (Norway). CONFIDENTIAL CM/Del/Concl(84)375 - 136 - Item *37 Furthermore, it should be pointed out that the Conference of European Ministers responsible for Research, which took place in Paris on 17 September 1984, chose oceanography as one of the fields in which it would be desirable to set up sectoral European systems of scientific co-operation. In the Committee of Ministers, the Recommendation for the promotion of regional co-operation among member States in the field of marine research was also seen in connection with the relevant part of the United Nations Convention, and more specifically with the rights of land-locked states and geographically disadvantaged States (Article 254). There are four member States of the Council of Europe which have no coastline (Austria, Liechtenstein, Luxembourg and Switzerland) and several other member States are in the second category referred to above (Belgium, Federal Republic of Germany, Greece, Netherlands, Sweden and Turkey). With regard to fisheries co-operation, the Committee also noted those clauses in the Convention which concern the participation rights of land-locked States and geographically disadvantaged States in the exploitation of the living resources of the coastal States' exclusive economic zones (Articles 69 and 70). The powers assumed by the European Economic Community with regard to fisheries must also be taken into account. With more specific reference to pollution control as one aspect of the conservation of stocks of marine biological resources, the draft European Convention for the Protection of International Watercourses against Pollution, currently being studied by the Committee of Ministers, contains provisions intended among other things to help control marine pollution originating in watercourses. With regard to the protection of the underwater cultural heritage, the ad hoc Committee of Experts on the Underwater Cultural Heritage (CAHAQ) is pursuing its work in order: - to prepare a European Convention on the protection of the underwater cultural heritage, having regard inter alia to Assembly Recommendation 848 (1978), to the report contained in Doc. 4200 and to the European Convention on the protection of the archaeological heritage; - to draft a recommendation to member States on means of furthering the co-operation between the different bodies and categories of persons concerned with the protection of the underwater cultural heritage. The CAHAQ has to date adopted seventeen articles and the final clauses of the draft Convention on the protection of the underwater cultural heritage. Furthermore, a draft explanatory report to the Convention has also been prepared. The CAHAQ will meet again in February 1985 to finalise the text of the draft Convention. CONFIDENTIAL - 137 - CM/Del/Concl(84)375 Item *37 Regarding more particularly the relationship between amateur and professional interest, under the terms of the draft Convention, the Contracting States may provide instruction in underwater archaeological methods and techniques and/or encourage private bodies or associations qualified in this field to do so. Furthermore, co-operation should be encouraged in order to develop public appreciation of underwater cultural property and the awareness of the need to protect it and to complete registered information on finds. Through such co-operation, archaeology would be able to profit from the special skills of divers and divers, by being given a role in relation to the identification of the underwater cultural property, will tend to respect it all the more. The draft Convention provides that nothing in its provisions should affect the law of salvage. Since the CAHAQ agreed to dedicate all its time and effort to the completion of the draft Convention, it has not yet been possible to pursue the preparation of a draft recommendation on means of furthering the co-operation between the different bodies and categories of persons concerned with the protection of the underwater cultural heritage, which is also included in the CAHAQ's terms of reference. The latter will resume consideration of this matter once it has made further progress in the preparation of the Convention."
CONFIDENTIAL - 139 - CM/Del/Concl(84)375 Item 38
38. COMMITTEE OF SENIOR OFFICIALS RESPONSIBLE FOR THE PREPARATION OF THE 3RD CONFERENCE OF EUROPEAN MINISTERS OF LABOUR Report of the 1st meeting (Strasbourg, 16-18 May 1984) (CM(84)131)
The Representative of Spain made the following statement: "Our authorities attach very special importance to the holding of the 3rd Conference of European Ministers of Labour, which, if all goes according to plan, will take place in Madrid in January 1986. The themes proposed, namely employment trends in recent years, measures to combat youth unemployment and scientific and technical development and its effects on employment and working conditions, seem to us extremely pertinent for the economic future of the Council of Europe member States, for domestic peace and for social concertation. According to the information we have received from the Spanish officials who took part in the first preparatory meeting and from the Secretariat memorandum, there has been some hesitation about the procedure for associating management and labour, whatever the formula chosen; our authorities are particularly anxious that management and labour should be associated as observers with the proceedings of the 3rd Conference, believing that this is bound to be beneficial for social concertation. As regards the possibility of inviting Finland and the Holy See as observers, we cannot but welcome the continuation of that tradition in the Council of Europe. The same applies to the proposal to invite the International Labour Organisation (ILO), OECD, the European Community and EFTA. The participation of the CLRAE, too, once a number of problems have been resolved within the Committee of Senior Officials, would be an enriching factor for the final results of the Conference." The Representative of France said that the French authorities fully supported the Spanish proposal to associate management and labour both with the preparatory stage and with the Conference itself, for they considered that the presence of non-governmental observers would in no way alter the intergovernmental character of the Conference, so long as management and labour did not take any part in the adoption of the final text. The Representatives of Austria and Italy endorsed the Spanish and French points of view. CONFIDENTIAL CM/Del/Concl(84)375 - 140 - Item 38 Replying to a question from the Representative of Switzerland, as to whether participation by management and labour was desired by the national delegations, the Representative of Spain referred to the Spanish aide-mémoire appended to CM(84)131 and added that the details of their participation had not been dealt with yet. The Representative of the United Kingdom pointed to the reference made in CM(84)131, paragraph 21, to the Committee for Liaison between the Council of Europe and management and labour, which had been set up at the beginning of 1984. The Representative of Norway reiterated the attitude adopted by his authorities, who had expressed themselves in favour of the principle of associating management and labour with the Conference and with its preparatory phase, but who would prefer to see the formula chosen for the 2nd Conference of European Ministers of Labour maintained. Decisions The Deputies 1. took note of the following themes of the 3rd Conference: - employment trends between 1983 and 1985/86 - future prospects, - measures to combat youth unemployment, - scientific and technical development and its effects on employment and working conditions; 2. noted that there was general consent within the Committee of Ministers as to the advisability of inviting Finland and the Holy See to participate as observers both in the 3rd Conference and in its preparation; 3. noted that there was general consent in the Committee of Ministers as to the advisability of inviting the International Labour Organisation (ILO), the Organisation for Economic Co-operation and Development (OECD), the European Community (Council and Commission) and the European Free Trade Association (EFTA) to participate as observers both in the 3rd Conference and in its preparation; 4. noted that the Standing Conference of Local and Regional Authorities of Europe (CLRAE) would be invited to send representatives to the 3rd Conference. CONFIDENTIAL - 141 - CM/Del/Concl(84)375 Item 39 39. COMMITTEE OF SENIOR OFFICIALS RESPONSIBLE FOR THE PREPARATION OF THE 2ND CONFERENCE OF EUROPEAN MINISTERS OF HEALTH (Strasbourg, 19-20 June 1984) (CM(84)149)
The Representative of Sweden said that his authorities strongly supported the participation of Finland in the Conference as a full member. He recalled that Finland was taking part as an observer in the Committee of Senior Officials responsible for the preparation of the 2nd Conference and that it closely co-operated with Council of Europe member States within the framework of the European Health Committee (CDSP). Furthermore, Finland worked closely with its fellow members of the Nordic Council on a wide range of health questions. Finally he recalled that there had been general consent in the Committee of Ministers at the 341st (December 1981, item 38c), 351st (October 1982, item 18) and 361st (June 1983, item 31) meetings of the Deputies respectively concerning the Conference of European Ministers of Justice, the Conference of Ministers responsible for Family Affairs and the Conference of European Ministers for Social Security that Finland should be invited to take part in these Conferences as a full member. The Chairman noted that the special conditions that allowed for the participation of Finland as a full member in the 2nd Conference of European Ministers of Health would be set out in a footnote to the decision on this item. In reply to the Representative of Greece, who questioned what the difference was between a "full member" and an "observer", the Director of Economic and Social Affairs said that full members could not only take the floor as of right in such Conferences but could also take part in the adoption of texts, communiqués, declarations, etc whereas observers could not. The Representative of Greece wondered whether the admission of non-member countries as full members did not imply a need to modify the title of the Conference of European Health Ministers. CONFIDENTIAL CM/Del/Concl(84)375 - 142 - Item 39
Decision The Deputies noted that there was general consent within the Committee of Ministers as to the advisability of inviting Finland to participate in the 2nd Conference of European Health Ministers as a full member (1).
(1) This consent, which must in no way be interpreted as constituting a precedent for other Conferences of Specialised Ministers or for other States not members of the Council of Europe, was based on the following consideration: Finland was taking part in the Committee of Senior Officials responsible for the preparation of the 2nd Conference of European Health Ministers and it played an active role in the activities of the European Health Committee (CDSP). Furthermore, Finland worked closely with its fellow members of the Nordic Council on a wide range of health questions. The consent for Finland's participation as a full member was further based on the same considerations as those concerning the agreement to the participation of Finland as a full member in: - Conference of Ministers of Justice (see Concl(81)341/38c), - Conference of European Ministers responsible for Family Affairs (see Concl(82)351/18), and - Conference of European Ministers for Social Security (see Concl(83)361/31). CONFIDENTIAL - 143 - CM/Del/Concl(84)375 Item *40 *40 EUROPEAN HEALTH COMMITTEE (CDSP) Report of the 15th meeting (Strasbourg, 18-20 June 1984) (CM(84)161 and Add. I and II, and CM(84)180 and Corr.)
The Representative of Austria, referring to paragraph 69 of CM(84)161, said that with regard to Activity 15.1.1. ("Drawing up of European guidelines for the promotion of health, including the elaboration of principles"), the Working Party of the European Health Committee (CDSP) responsible for implementing the various phases of that project had not yet been set up; he expressed the hope that the Secretariat would continue its efforts to create this group so that it might carry out the terms of reference assigned to it by the CDSP. The Representative of the Federal Republic of Germany said that his authorities would have liked an opportunity to study the explanatory memorandum relating to the draft Recommendation on the prevention of hospital infections before the Recommendation was adopted and publication of the explanatory memorandum authorised. The Secretary to the Committee suggested that the examination of the draft Recommendation be postponed to the 376th meeting (October 1984) when the Deputies would have seen the relevant explanatory memorandum (see Decision 2 below). With regard to the programme for the promotion of education for health pilot projects aimed at preventing dependence (see CM(84)180), the Representative of the Federal Republic of Germany proposed that no decision be taken by the Deputies before their discussions on the draft budget for 1985, considering that this programme would extend over at least six years. The opinion of the Budget Committee should also be sought as regards the possibility, from the administrative standpoint, of undertaking a long-term budgetary commitment. The Head of the Plan and Programme Division pointed out that the Secretariat was not asking the Committee of Ministers to make any budgetary commitments beyond 1985. The figures given in Appendix C of CM(84)180 for 1986-1990 were for reference only and it did not therefore seem necessary to consult the Budget Committee on the matter. CONFIDENTIAL CM/Del/Concl(84)375 - 144 - Item *40
Decisions The Deputies 1. agreed to consider in the framework of their annual selection of Committee of Ministers Recommendations on which governments are asked to report (agenda item 8(b) of the present meeting), the European Health Committee (CDSP) proposal to select Resolution (74)31 on health care and social work for old people living at home; 2. agreed to postpone consideration of draft Recommendation No.R(84)... on the prevention of hospital infections (Appendix II to Addendum 1 to CM(84)161), to their 376th meeting (October 1984 - A and B levels, for consideration at B level); 3. authorised publication of the final report on child health surveillance (CDSP(83)15, Addendum (first part) and Addendum I) (Addendum 2 to CM(84)161); 4. took note of the final report on Activity No. 15.3.3 on child health surveillance (Addendum 2 to CM(84)161); 5. took note of the CDSP's approval of the new specific terms of reference of the Committee of Experts on Legal Problems in the Medical Field (CJ/SP-ME) (CM(84)161, paragraph 96), on the understanding that they would also be submitted to the European Committee on Legal Co-operation (CDCJ) for approval in November 1984; 6. took note that "computerisation of the medical system" had been chosen as the subject of the 1985 programme of co-ordinated medical research (CM(84)161, paragraph 115); 7. took note of the activities proposed to the Secretary General for the 1985 Intergovernmental Programme of Activities and the priorities stated (CM(84)161, paragraph 128 and Appendix IV), and agreed to consider these proposals when discussing the draft programme of activities for 1985; 8. approved in principle, subject to their decisions on future draft budgets, the programme of education for health pilot projects for preventing drug dependence, as set out in CM(84)180, and more particularly Appendices C and D to CM(84)180; 9. having regard to decisions 1 to 8 above, took note of the report of the 15th meeting of the European Health Committee (CDSP) as a whole (CM(84)161 and Addenda 1 and 2). CONFIDENTIAL - 145 - CM/Del/Concl(84)375 Item *41
*41. COMMITTEE ON THE REHABILITATION AND RESETTLEMENT OF THE DISABLED (Partial Agreement)(CD-P-RR) Report of the 7th Session (Strasbourg, 15-17 May 1984) (CM(84)133)
Decisions The Representatives on the Committee of Ministers of the seven States parties to the Partial Agreement in the social and public health field (1) and the Representatives of Austria, Norway, Portugal, Spain and Switzerland 1. adopted Resolution AP(84)3 on a coherent policy for the rehabilitation of disabled persons, as it appears at Appendix VI to these Conclusions and authorised publication of the whole of the texts of Appendix D to CM(84)133 (including the preface and the introduction); 2. noted that the Committee of Experts to revise and update past Resolutions in the field of rehabilitation (P-RR-RM) and the Committee of Experts to draw up a coherent policy of rehabilitation (P-RR-PR) have executed their terms of reference; 3. took note of the specific terms of reference of the Committee of Experts to study measures to promote the social integration of mentally handicapped persons (P-RR-MH) as set out at Appendix E to CM(84)133; 4. taking into account decisions 1 to 3 above, took note of the report of the 7th Session of the Committee on the Rehabilitation and Resettlement of the Disabled (CD-P-RR) as a whole (CM(84)133) and of the time-table of forthcoming meetings as set out on page 15 of that report.
(1) Belgium, France, the Federal Republic of Germany, Italy, Luxembourg, the Netherlands and the United Kingdom.
CONFIDENTIAL - 147 - CM/Del/Concl(84)375 Item *42
*42. STEERING COMMITTEE ON POPULATION(CDDE) Report of the 4th meeting (Strasbourg, 5-8 June 1984) (CM(84)154 and Add.)
CDDE's opinion on Written Question No. 270 by Mr Ramirez on the demographic characteristics of gypsy populations (Appendix IV to CM(84)154) (See decision 3 below) The Secretary to the Committee recalled that at their 370th meeting (April 1984, item 23), the Deputies had adopted a global reply to Written Questions No. 267, 269, 270 and 271 by Mr Ramirez. In replying to Written Question No. 270 on the demographic characteristics of gypsy populations, the Committee of Ministers had informed Mr Ramirez that it had requested the Steering Committee on Population (CDDE) to give an opinion on the requests made in that Written Question. Now that the CDDE had given its opinion on this matter, the Deputies might wish to ask their Chairman to send a communication to the President of the Assembly informing him of developments. The Representative of France drew attention to the lack of coherence in the CDDE's proposals. He accordingly welcomed the Secretary's suggestion which would enable the Committee to modify the tone and approach of the CDDE's opinion. Decisions The Deputies 1. took note of the final activity report on Activity 8.3.2 (Implications of the presence of immigrant populations for the demographic development of the host countries) (Addendum to CM(84)154) and instructed the Secretariat to transmit the conclusions of the CDDE on this matter (Appendix II to the Addendum) to the governments of member States, to the Assembly and to the Steering Committee on Intra-European Migration (CDMG), for information; 2. agreed to consider, in the context of their annual selection of Recommendations of the Committee of Ministers on which governments are invited to report (item 8(b) of the agenda of the present meeting), the proposal by the CDDE to choose Resolution (72)18 on methods of establishing statistics on international migration of workers (CM(84)154, page 1 point 4); CONFIDENTIAL CM/Del/Concl(84)375 - 148 - Item *42 3. took note of the opinion given by the CDDE on Written Question No 270 by Mr Ramirez on the demographic characteristics of gypsy populations (Appendix IV to CM(84)154), and asked their Chairman to forward the following communication to the President of the Assembly:
"In its reply to Written Questions Nos. 267, 269, 270, 271 and 274 by Mr. Ramirez (Docs. 5209, 5210, 5211 and 5212) the Committee of Ministers had stated that the Steering Committee on Population (CDDE) would be asked to given an opinion on Written Question No. 270 concerning a study on demographic characteristics of gypsy populations. Having obtained that opinion, the Committee of Ministers regrets to inform you that the available resources for the programme of the Council of Europe in the field of population studies would not allow it to undertake such a study, having regard to the extensive research it would involve." 4. took note of the proposals made by the CDDE regarding the draft Programme of Activities for 1985 (paragraph 45 of CM(84)154) and agreed to consider them when discussing the Programme of Activities; 5. noted that the CDDE has executed the ad hoc terms of reference assigned to it by Decision No CM/297/170383 (paragraphs 15 and 16 of CM(84)154) and authorised the publication of the report on the Composition, Functions and Work of National Advisory Bodies in the Demographic Field (CDDE(84)4), revised as indicated in paragraph 16 of CM(84)154; 6. taking into account points 1 to 5 above, took note of the report of the 4th meeting of the Steering Committee on Population (CDDE) as a whole (CM(84)154 and Addendum). CONFIDENTIAL - 149 - CM/Del/Concl(84)375 Item *43
*43 STEERING COMMITTEE ON INTRA-EUROPEAN MIGRATION (CDMG) Report of the 10th meeting (Strasbourg, 15-18 May 1984) (CM(84)153 and Add.)
3rd Conference of European Ministers responsible for Migration Affairs (Decision 1 below) The Representative of Portugal reiterated his country's interest in the 3rd Conference of European Ministers responsible for Migration Affairs, to be held in Lisbon. In his authorities' view, the 3rd Conference ought to be prepared by the Steering Committee on Intra-European Migration (CDMG), assisted if necessary by a consultant who could prepare a report on the specific theme to be selected. The Representatives of Italy, Norway, Sweden and Spain agreed that the CDMG should be responsible for the preparation of the 3rd Conference. Ordinary meetings of the CDMG could be prolonged for this purpose. The Representative of Sweden said that the 3rd Conference should concentrate on one theme to be chosen in due course. The Representative of the Federal Republic of Germany made the following statement: "As regards the preparation of future Ministerial Conferences, my authorities approve of the arrangement proposed by the CDMG Bureau, namely to instruct the CDMG to prepare these Ministerial Conferences without setting up a separate committee of senior officials. The CDMG might possibly be able to discharge this task without having to extend its meeting. As regards the expression 'future Conferences of European Ministers', my authorities emphasise that it was decided at the 2nd Conference of European Ministers responsible for Migration Affairs in October 1983 to hold a 3rd Conference; however, it was not decided to hold Ministerial Conferences at regular intervals. The holding of each one must be justified by particular needs." CONFIDENTIAL CM/Del/Concl(84)375 - 150 - Item *43
Council of Europe's activities in the migration field Referring to the CDMG's general discussion on the Council of Europe's future activities in the migration field, the Representative of the Netherlands said that many of the migration movements affecting the member States involved migrants coming from outside Europe. The term "Intra-European" in the CDMG's title was therefore no longer an adequate description of the committee's work; its title and mandate should be widened accordingly. The Represenative of Sweden agreed, and the Representative of Norway said that the CDMG should be asked to discuss the question of a change in its title. Illegal migration (Decision 2 below) With reference to the CDMG's opinion on "practical arrangements for organising meetings of senior officials on the problem of illegal migration" (see Appendix III to CM(84)153), the Representative of France said that his authorities attached great importance to this problem, as had been underlined by Mr. Roland Dumas, Minister for European Affairs of France and Chairman of the Committee of Ministers, at the 372nd meeting of the Deputies (May 1984, item 2). He understood that the Deputies were agreed on the principle of holding meetings of senior officials on illegal migration and on asking the CDMG to make more detailed proposals. He felt that such meetings could be held within the CDMG framework as the competent body in the field of migration. The Representative of the Netherlands said that illegal migration should be the subject of a study limited to exchanges of information on the flow of illegal migrants. The socio-economic aspects of the problem should be dealt with by the ad hoc Committee of Experts for Identity Documents and Movements of Persons (CAHID). The Represenative of Norway said that this was an important problem which should not be dealt with in separation from the CDMG's work on the other aspects of migration. A suitable way should be found to associate the CDMG with the meetings on illegal migration. The Representative of Belgium agreed with the CDMG's proposals and stressed that the economic and social aspects of the question must be dealt with. The Representative of the Federal Republic of Germany made the following statement: "My authorities support the CDMG's opinion that the meetings of the senior officials should be held within the framework of the CDMG and that the latter should also decide on the subjects for discussion. They also share its opinion that these meetings should serve for the exchange of experience and not for the drafting of recommendations. Nevertheless, my authorities wish the reports of this group to be submitted to the Committee of Ministers via the CDMG. CONFIDENTIAL - 151 - CM/Del/Concl(84)375 Item *43
My authorities propose that the CDMG be instructed to present subjects for discussion to our Committee for approval." The Representative of Austria said that the question was of an interdisciplinary nature and went beyond the sole field of responsibility of the CDMG. Thus, the CAHID should also be involved. On the other hand, he did not favour setting up a new ad hoc structure to deal ith this matter. CDMG's request to convene a meeting of the Chairmen of other steering committees (Decision 3 below) The Secretary to the Committee recalled that the question of co-ordinating the Council of Europe's work on migration was at present being studied by the Secretariat. It would be better to await the results of that study before taking a decision on the CDMG's request. The Representative of Sweden supported the CDMG's request and thought that the meeting should be convened as soon as possible. The Representative of the Federal Republic of Germany said that his delegation approved the idea of holding an ad hoc meeting of the Chairmen of the steering committees dealing with migration questions, if the requisite funds could be found in the present budget. The Representative of Norway said that his authorities attached great importance to better co-ordination of the Council of Europe's migration activities, though he agreed that a decision on the CDMG's request could be deferred. The Representative of Italy said that as migration was an interdisciplinary question it was very important for the CDMG to co-ordinate all aspects of it and to set priorities for the Council of Europe's work in this field. The Deputy Director of Economic and Social Affairs informed the Committee that, as requested by the CDMG (see paragraph 33(b) of CM(84)153), an intra-Secretariat meeting to discuss co-ordination of the Council of Europe's migration activities would be held shortly. The Head of the Plan and Programme Division drew the Deputies' attention to the possible budgetary implications of an ad hoc meeting of Chairmen of the steering committees dealing with migration questions and wondered whether there might not be a danger of setting a precedent. Furthermore, he said that in accordance with paragraph 37 of Resolution (76)3 on committee structures, terms of reference and working methods the "Secretary General shall ensure that each committee is informed about any activities of other committees which may have implications for the execution of its own terms of reference." CONFIDENTIAL CM/Del/Concl(84)375 - 152 - Item *43
Assembly Recommendation 968 on xenophobic attitudes and movements in the member countries towards migrant workers (Decision 4 below) The Representative of the Federal Republic of Germany said that his authorities expressed their agreement with para. 8(a) of the opinion of the CDMG (see Appendix V to CM(84)153) on inviting governments not having yet done so to ratify the European Convention on the Legal Status of Migrant Workers and the European Social Charter. The Representative of Turkey agreed that a supplementary reply should be sent to the Assembly. The Chairman noted that a draft supplementary reply would be prepared by the Secretariat with a view to its consideration at the 376th meeting of the Deputies (October 1984 - A and B levels). CDMG's proposals for the 1985 programme of activities (Decision 6 below) The Representative of the Federal Republic of Germany made the following statement: "My authorities have taken note of the CDMG's proposals and priorities. They are disappointed to note that once again in 1985 the CDMG is proposing a work programme which contains only activities entailing commitments on the host countries. Unfortunately, this programme does not involve the countries of origin in efforts to improve the integration or adaptation of their nationals in the host countries." Publication of the report on handicapped migrants (CDMG(83)13 revised) (Decision 7 below) The Representative of Switzerland said that the published report should take account of the additional items of information which the Swiss member of the CDMG had promised to send to the author (see para. 72 of CM(84)153). The Representative of the Federal Republic of Germany made the following statement: "This delegation is only able to authorise publication of the report if it receives assurances that the report on handicapped migrants is to be published under the sole responsibility of the author and not of the Council of Europe or of the Committee of Ministers. On page 2, para. 6 of the introductory part (CM(84)153), the Secretariat, which drafted the first three pages, states that Mrs. Gachet's report was approved by the committee. According to the summary of the discussion in para. 78, and according to information from our own expert, the committee only took note of the report. If I am correctly informed, the CDMG only received the report on the actual day this subject was debated. For this reason I request that the word 'approved' be deleted and replaced by 'took note'." The Deputy Director of Economic and Social Affairs said that the CDMG had expressed its appreciation of Mrs. Gachet's report and recommended its publication under the responsibility of the author. CONFIDENTIAL - 153 - CM/Del/Concl(84)375 Item *43
Experimental classes for migrant workers' children (Decision 9 below) The Representative of Italy, supported by the Representative of Turkey, said that responsibility for the classes should remain with the CDMG, the Council for Cultural Co-operation (CDCC) being called on for technical advice and opinions. His authorities did not want the aims or the title of the classes to be changed. Their aim should remain the integration of migrants. The Deputy Director of Economic and Social Affairs said that the joint group of experts from the CDMG and the CDCC would be meeting in Paris on 25 and 26 October 1984. The Secretariat: would of course inform the Deputies of the proposals made concerning the future of the classes. The Representative of Switzerland said that the main aim of the classes should be the promotion of interculturalism and that, while the CDCC should be responsible for organising them, the CDMG should continue to select the countries and bodies to run the classes. The Representative of the Federal Republic of Germany made the following statement : "Without wishing to enter into a substantive discussion as the matter will be more fully discussed at the joint meeting of the CDCC and the CDMG, this delegation supports the proposal made by its own expert on the CDMG that the experimental classes should be placed under the responsibility of the CDCC." Decisions The Deputies 1. agreed to bear in mind, when examining the report of their working party on the working methods in the Council of Europe, the CDMG's observations on the organisation of the 3rd Conference of European Ministers responsible for Migration Affairs (paragraphs 15 and 21 of CM(84)153) and the views expressed thereon at the present meeting; 2. noted that the CDMG has implemented Decision No. CM/316/250184, took note of the opinion of the CDMG concerning the arrangements for the holding of meetings of senior officials on the problem of illegal migration (Appendix III to CM(84)153) and asked the CDMG to elaborate proposals for the organisation of a first meeting of senior officials taking into account the discussions held at the present meeting; CONFIDENTIAL CM/Del/Concl(84)375 - 154 Item *43
3. agreed to resume consideration, at a later meeting, of the CDMG's request for the holding of an ad hoc meeting of the chairmen of the committees concerned to discuss co-ordination of the Council of Europe's work on migration, in the light of a study currently being undertaken by the Secretariat on this matter; 4. noted that the CDMG has implemented Decision No. CM/317/250184 and instructed the Secretariat to prepare, in the light of the opinion of the CDMG (Appendix V to CM(84)153), a draft supplementary reply to Assembly Recommendation 968 on xenophobic attitudes and movements in member countries with regard to migrant workers, for consideration at B level at their 376th meeting (October 1984 - A and B levels); 5. authorised the Secretary General to invite Finland and Yugoslavia to send observers to the Seminar on "Making Multi-Ethnic Societies Work" (7-9 November 1984) and noted that the observers admitted to meetings of the CDMG would also be invited to attend this Seminar (paragraphs 51-53 of CM(84)153); 6. took note of the CDMG's proposals and priorities for the 1985 programme of activities (paragraphs 54-68 and Appendix IV to CM(84)153) and agreed to discuss them when discussing that draft programme; 7. authorised publication, under the responsability of its author, of the report on handicapped migrants (CDMG(83)13 revised), as revised along the lines indicated in paragraphs 69-79 of CM(84)153; 8. took note of the CDMG's report on the vocational training programmes in 1983, as contained in the Addendum to CM(84)153; 9. took note of the classes selected for the 1984-85 programme of experimental classes for migrant workers' children (paragraph 89 of CM(84)153); 10. took note of the CDMG's discussion on practical arrangements for implementation of the progamme of experimental classes for migrant workers' children, and particularly of the fact that the joint group of experts (CDMG-CDCC) would meet on 25-26 October 1984 to consider approaches for Activity 7.2.2 concerning the organisation of these classes (paragraphs 92-110 of CM(84)153); 11. having regard to decisions 1-10 above, took note of the report of the 10th meeting of the CDMG as a whole (CM(84)153 and Addendum). CONFIDENTIAL - 155 - CM/Del/Concl(84)375 Item 44
44. EMPLOYMENT IN EUROPE Assembly Recommendation 981 (Concl(84)372/4a, CM(84)134)
The Representative of the United Kingdom said that her authorities did not agree with the economic analysis made by the Assembly in Recommendation 981 and found several points made therein unacceptable. They had accordingly expressed their disagreement with some of the action proposed. The Representative of Austria said that his authorities welcomed Recommendation 981 and attached great importance to matters relating to employment and the fight against unemployment. The Representative of Portugal made the following statement: "In the draft reply (CM(84)134) it is pointed out that most of the issues dealt with in paragraph 16 of Recommendation 981 constitute the subject matter of the discussions on employment at the second Conference of European Ministers of Labour, held in Paris from 3 to 6 May 1983. The Portuguese delegation takes this opportunity of commenting on sub-paragraphs (b) and (c) of paragraph 16(xiii) of Recommendation 981. Since the Assembly has always taken an interest in North-South problems, as indeed it demonstrated by holding the North-South Conference in Lisbon last April, it seems to us appropriate to underline an important aspect associated with this point, which refers precisely to the dialogue between the North and South of Europe itself, this in the context of the functions of the Resettlement Fund, an outstanding instrument for balanced development in this Continent. Since, at this very meeting of the Deputies, we examine the report of the Governor of the Resettlement Fund (CM(84)132), we might draw the Assembly's attention to pages 12, 13 and, above all, to 21 (Appendix 4) of that report, which contains a very clear reply to the points raised by the Assembly as well as a reference to the Portuguese proposal to draw up a Resolution asking the member countries of the Fund for voluntary contributions to finance vocational training projects. CONFIDENTIAL CM/Del/Concl(84)375 - 156 - Item 44
Following the appeal made by the Chairman of the Governing Body of the Resettlement Fund, Mr. Claudius-Petit, at the last meeting of the Governing Body, held at Cesme (Turkey), for an increase in contributions (harmonisation of member States' subscriptions), the Portuguese delegation notes with satisfaction the decision to resume the tradition of a dialogue between the Chairman of the Fund and the Assembly, as in Mr. Pierre Schneiter's time. In fact, in a few day's time Mr. Claudius-Petit will be making a statement to the Assembly on the point raised in sub-paragraphs (b) and (c) of paragraph 16(xiii) of Recommendation 981, which directly concerns the Southern European countries. It should be remembered, in this regard, that we owe both to the present Chairman and to his predecessor initiatives in favour of vocational training which merit detailed study, initiatives in line with the interest which the Assembly has always shown, as is seen in its Recommendation 861 of 10 May 1979, paragraph 15, which reads 'The Council of Europe possesses means of action such as the Resettlement Fund, which could be better utilised for bringing about a more active solidarity among all Europeans.' In Recommendation 981 the Assembly thus reiterates suggestions perfectly in keeping with its potential of political will, which we hope may lead to the implementation of the suggestions put forward." The Representative of the Federal Republic of Germany made the following statement: "The reduction, if not the elimination, of unemployment is one of the most important tasks confronting present-day society. Thus it is well that the Assembly should express, in Recommendation 981, its grave concern and invite the Committee of Ministers and the member States to redouble their efforts in the carrying out of that task. It is not my intention to go into details of the analyses and of the measures proposed. I would point out, however, in a general way, that endeavours to reduce unemployment should be concentrated on creating additional jobs by - improving overall conditions for private investment (this including the consolidation of public budgets), - doing more to develop a taste for hard work, - reducing bureaucratisation, controls and regulations. This policy should be completed by a policy of bargaining between management and labour, the parties to collective agreements, taking due account of the imperatives of the employment situation. Measures taken in the context of a dynamic labour market policy have an important supporting function. They should improve employment possibilities for workers and increase the jobless workers' chances of reintegration into the labour market. CONFIDENTIAL - 157 - CM/Del/Concl(84)375 Item 44
But direct subsidies and other immediate aids in the economic sphere should be limited. The invitation to introduce selective "budgetary and fiscal policies" (paragraph 16.iv of Recommendation 981) and to provide incentives to private investment in certain sectors (paragraph 16.vi of the Recommendation) should however be subject to critical scrutiny, for State direction of investment is not an appropriate means of raising the level of employment. If such a policy of direction of investments became the guiding principle in efforts to reduce the level of unemployment in Europe, and if all European national economies made the same endeavours, the favourable effects anticipated would cancel one another out. One cannot but approve the invitation to improve machinery for a social dialogue (para 16(x) of Recommendation 981) inter alia on the reduction and reorganisation of working hours. However, in view of the autonomy of the two sides of industry in the matter of collective agreements, the role of the State must inevitably be limited, thereby precluding them, for example, from proposing machinery to enable the possibility to be considered of drawing up an outline agreement at European level, or at national level for that matter. We repudiate the statement in paragraph 12 of Recommendation 981 to the effect that unemployment generates a hostile attitude towards foreign workers. The allegation that foreign workers are forced to take certain types of jobs characterised by particularly difficult social conditions is also incorrect. There is no such concentration of foreign workers, at least not in the Federal Republic of Germany. The law on the protection of labour, whose minimum standards are relatively high, applies to foreigners in the same way as to Germans. This is also true of social protection." The Representative of Norway expressed his agreement with all the points made by the Assembly in Recommendation 981 with the exception of paragraph 16(x)(b) where reference was made to "a fairer distribution of opportunities for work, for example through concerted reduction of global working time offset by a system of recruitment, possibly subsidised, favouring the hardest hit categories of the population ...". In the view of his authorities, reducing working hours would not help to solve unemployment problems; what was needed was more flexibility in working hours which could help to improve the employment situation. The Representative of Turkey made the following statement: "The points of view and suggestions set forth by the Assembly in Recommendation 981 are in no way at variance with our country's employment policy and are thus wholly acceptable. The encouragement of investment by means such as subsidies or tax and financial incentives, the priority character of measures to combat youth unemployment and hence the importance of education and vocational training are important questions on which our views coincide with those of the Assembly. CONFIDENTIAL CM/Del/Concl(84)375 - 158 - Item 44
We therefore consider that the application of this Recommendation is highly desirable. As regards the question of migrant workers' acquired rights, which is also raised in Assembly Recommendation 981, we would point out that return to the home country must, of course, depend solely on the wishes of those primarily concerned, namely the migrant workers themselves, and that certain measures designed to induce them to return home, such as the visa requirement or the restrictions on the reuniting of families, are contrary to the principles underlying the Recommendation. We would also like to state clearly here that we naturally share the point of view expressed by the Assembly at the beginning of para 12 of the Recommendation, namely that hostility towards migrant workers is not justified. But it should be noted that the wording of para 12 is ambiguous. If, as is stated, the alleged ground for this hostility is not justified, because migrant workers take jobs that are unattractive to locally born workers, enhancement of the status of these jobs should not be interpreted as justifying that alleged ground." The Representative of France said that his delegation was in favour of asking the Steering Committee for Social Affairs (CDSO) to undertake work on the questions raised by the Assembly in Recommendation 981. The Representative of Greece expressed his agreement with the Assembly's proposals set out in Recommendation 981. The Representative of the Federal Republic of Germany made the following statement: "Paragraph 17(ii) of Assembly Recommendation 981 My authorities are not in favour of giving the Steering Committee for Social Affairs (CDSO) ad hoc terms of reference to formulate an opinion on para 17.ii of Recommendation 981, for they consider that no national or international machinery can be set up. The drawing up of an outline agreement on employment forms part of the tariff sovereignty belonging exclusively to the parties to a collective agreement. The Council of Europe, an institution composed of governments, would be creating a serious obstacle to tariff sovereignty. For the same reason we ought, in the draft reply to the Assembly (CM(84)134), to delete the second sentence of paragraph 4, namely the sentence beginning 'As far as ...' and ending 'sectors or firms'. I would point out that the European Regional Office of WHO (World Health Organisation) in Copenhagen has already examined the effects of unemployment on health. It would perhaps be advisable for the Council of Europe to contact that WHO office. CONFIDENTIAL - 159 - CM/Del/Concl(84)375 Item 44
Paragraph 17(vi) of Assembly Recommendation 981 My authorities fear that the CDSO would have difficulty in executing such terms of reference. They propose inserting between the first and second sentences the following paragraph drawing attention to that difficulty: 'But the Committee is aware that the black economy, by its very nature, eludes any statistical assessment. It is for that reason that it has not been possible hitherto to ascertain the exact extent of the black economy or indeed make even an approximate estimate of the loss sustained in terms of tax and social insurance. It may well be impossible to evaluate, even approximately, the influence of the black economy on the current rate of employment. No doubt this is a problem confronting all the member States' ." The Chairman thought that examination of this item could perhaps be resumed at the 376th meeting (October 1984 - A and B levels). In the meantime the Secretariat could prepare a revised reply to Recommendation 981 taking into account the views expressed at the present meeting. The Director of Economic and Social Affairs noted that opposing views on some of the matters raised in Recommendation 981 had been expressed by delegations at the present meeting. In view of this, he feared that the reply to be prepared by the Secretariat would have to be a very general one. The Chairman said that the Committee would do its best to find a reply which could be agreed on by consensus. Decision The Deputies agreed to resume consideration of this item at A level at their 376th meeting (October 1984 - A and B levels).
CONFIDENTIAL - 161 - CM/Del/Concl(84)375 Item *45 *45. COUNCIL OF EUROPE RESETTLEMENT FUND Report of the Governor for the financial year 1983 (CM(84)132)
The Representative of France said that his authorities had taken cognisance of the Report of the Governor for the financial year 1983 (CM(84)132). They welcomed the role played by the Resettlement Fund and the confidence it enjoyed in international financial circles. They particularly appreciated the role it played for the implementation of greater solidarity in social policy, to which the Governor had so rightly referred in his report. The Representative of Austria, referring to page 74 of the Report of the Governor containing an extract from the report by the Auditing Board on the balance-sheet and operational accounts for 1983, said that in that extract a reference to the calculations of the patrimonial situation of the member States of the Fund in the annexe to the report of the Auditing Board was missing. He wondered if the Governing Body of the Fund had seen the whole of the Report of the Auditing Board or just the extract that appeared on page 74 of CM(84)132. If it had not seen the whole report and was not aware of the calculations of the patrimonial situation of the member States, had it thus approved those calculations? The Deputy Director of Economic and Social Affairs confirmed that the Report of the the Governor contained only an extract from the Report of the Auditing Board. Normally the whole Report of the Auditing Board was submitted to the Administrative Council of the Resettlement Fund which discharged the Governor of his responsibility for the financial year in question. The Governing Body, following consideration of the Governor's report (containing the extract from the report of the Auditing Board), had discharged the Administrative Council of its responsibility for the same financial year. The Austrian authorities might perhaps wish to raise this matter within the framework of their negotiations for possible accession of Austria to the Resettlement Fund. The representative of the Secretariat said that the calculations of the patrimonial situation of the member States of the Fund were made by the Governor and checked by the Auditing Board. This exercise had been done for the first time this year at the request of the Administrative Council. The Representative of Norway said that questions concerning these calculations could perhaps be put at one of the future meetings of the Administrative Council of the Fund. Decision The Deputies took note of the Report of the Governor of the Resettlement Fund for the financial year 1983 (CM(84)132).
CONFIDENTIAL - 163 - CM/Del/Concl(84)375 Item 46
46. 4TH CONFERENCE OF EUROPEAN MINISTERS RESPONSIBLE FOR CULTURAL AFFAIRS (Berlin, May 1984) (CM(84)128 and Corr. and 129)
The Chairman invited the Representative of Switzerland, who had represented the Committee of Ministers at the 4th Conference of European Ministers responsible for Cultural Affairs in Berlin, to introduce this item. The Representative of Switzerland said that he had found it most useful in his capacity as Chairman of the Ministers' Deputies' working party on cultural co-operation to attend the Berlin Conference. Berlin, with its intense cultural activity, was also on the frontier with the part of Europe where reigned a political culture quite different from our own, and had been an excellent choice for the Conference. Reference had already been made to the Conference at the Deputies 373rd meeting (May 1984, item 5) and he did not wish to repeat himself. He would limit himself to a few comments on three of the Resolutions which had been adopted. The question of Resolution No. I on culture and communications technology had been raised in the Committee of Ministers before the Conference started and the difficulties involved had subsequently been satisfactorily ironed out. This Resolution would be a useful point of reference for the future. As for Resolution No. II on the European Declaration on cultural objectives, this was not a text on cultural policy in the narrow meaning of the term but on the cultural dimensions of member States' policies as a whole in all fields of activities and it marked the end of a long period of consultation and reflection in all member States Parties to the European Cultural Convention. Finally, Resolution No. IV on cultural development and migration was a text on which no specific action was required by the Committee of Ministers and could be forwarded without comment to the competent Council of Europe expert committees. The Director of Education, Culture and Sport agreed that Resolution No. II and Resolution No. III on European cultural co-operation should be forwarded to the Ministers' Deputies' working party on cultural co-operation before specific action was taken on them by the Deputies. However, there was some urgency as regards paragraph (d) of the operative part of Resolution No. II which called on the Committee of Ministers to instruct the Council for Cultural Co-operation (CDCC): CONFIDENTIAL CM/Del/Concl(84)375 - 164 - Item 46
"i. to consider the Declaration (on cultural objectives) as a basis for its programmes of studies of national or regional cultural policies; ii. to consider a publication describing the preparatory work for the Declaration; iii. to encourage the translation of the Declaration into languages other than the official languages of the Council of Europe." Would it be possible for the Deputies to take a decision on this particular aspect of the Resolution immediately? The Representative of Switzerland was not in favour of taking an immediate decision on (i) and (ii) but could accede to the recommendation in paragraph (iii). The Representative of Belgium, supported by the Representative of Spain, said that it would be premature to take decisions in isolation and that he would prefer to await the working party's report on the Resolutions as a whole. The Representative of Italy questioned the advisability of holding up unnecessarily action on decisions taken by government Ministers. Summing up the discussion, the Chairman said that the Deputies' working party on cultural co-operation would examine Resolutions No. II and III and report back on its findings in good time before the next meeting of the CDCC, scheduled for February 1985. Perhaps the working party could try to present its findings at the Deputies' 378th meeting (November/December 1984). The Representative of Portugal, referring to Resolution No. IV on cultural development and migration, proposed that this text should be forwarded to the Steering Committee on Intra-European Migration (CDMG) as well as to the CDCC. The Chairman expressed the Committee's thanks to Portugal and to Italy for their kind offers to organise the 5th and 6th Conferences of European Ministers responsible for Cultural Affairs. Decisions The Deputies 1. adopted Decision No. CM/342/250984 assigning ad hoc terms of reference to the Steering Committee on the Mass Media (CDMM) and the Council for Cultural Co-operation (CDCC), as it appears at Appendix VII to these Conclusions; CONFIDENTIAL - 165 - CM/Del/Concl(84)375 Item 46
2. agreed to resume consideration of Resolutions Nos. II and III of the 4th Conference of European Ministers responsible for Cultural Affairs concerning respectively the European Declaration on cultural objectives and European cultural co-operation at their 378th meeting (November/December 1984) in the light of an opinion by their working party on cultural co-operation on these two texts; 3. agreed to forward Resolution No. IV on cultural development and migration to the Council for Cultural Co-operation (CDCC), the Steering Committee on Intra-European Migration (CDMG) and to the competent authorities in their respective countries; 4. took note of the offer of the Government of Portugal to organise the 5th Conference of European Ministers responsible for Cultural Affairs and the offer of the Government of Italy to organise the 6th Conference; 5. agreed to forward, for information, Resolutions No. I-VI adopted by the 4th Conference to the Assembly and to the Standing Conference of Local and Regional Authorities of Europe (CLRAE); 6. having regard to decisions 1-5 above, took note of the Resolutions adopted at the 4th Conference as a whole (CM(84)129).
CONFIDENTIAL - 167 - CM/Del/Concl(84)375 Item 47
47. COUNCIL FOR CULTURAL CO-OPERATION (CDCC) Report of the 46th Session (Strasbourg, 12-15 June 1984) (CM(84)164 and 182)
The Representatives of France and Turkey expressed satisfaction that the work on the draft Recommendation on training of teachers in education for intercultural understanding, notably in a context of migration, had been satisfactorily completed and stressed the importance of the text. The Representative of the United Kingdom said that her delegation would have to register a reservation on the whole of that text. The different pattern of settlement of ethnic minorities and the system of decentralised education in her country made much of the Recommendation inappropriate. The Representative of Switzerland, in his capacity as Chairman of the Deputies' working party on cultural co-operation, said that the CDCC's memorandum to the Committee of Ministers on the pattern and organisation of its future work (Appendix F to CM(84)164) was already in the working party's file and arrangements had been made to discuss the text with the Bureau of the CDCC at the beginning of January. He suggested that the Deputies resume consideration of the text in the light of the results of the working party's meeting with the CDCC's Bureau. The Representative of the Federal Republic of Germany, referring to the draft annual activities programme for 1985 (CM(84)182), said that the German delegation to the 46th session of the CDCC, together with other delegations, had voiced serious reservations about Project No. 14 (European university policy). On that occasion, the Secretariat had been instructed to prepare for the next meeting of the CDCC, in agreement with the Standing Conference on University Problems (CC-PU), a revised draft. Since the former draft had been maintained in CM(84)182, his authorities wished to stress that their reservations were maintained. Referring to the CDCC's discussions on the European programme for the development of postgraduate training, the German delegation with the support of the French delegation had expressed the wish that the staff resources needed for the project should be indicated (page 29 of CM(84)164). On page 57 of that document, it was stated that the CDCC intended to pay close attention to the balance between the "resources-time-staff" factors of its programme. However, as this wish had not been reflected for any activity in the draft programme (CM(84)182), he wished to ask the Secretariat if it had already started to deal with the question. CONFIDENTIAL CM/Del/Concl(84)375 - 168 - Item 47
The Representative of France recalled his authorities' concern about the general balance of CDCC expenditure. The present development of service activities, which took up a very important part of the budget, would have to be curtailed in order not to limit the possibilities for undertaking new activities. In reply to the matter raised by the Representative of France, the Director of Education, Culture and Sport stressed the importance of not adopting too hard and fast positions as to the relationship between projects and service activities. If the budgetary weight of service activities increased, it was essentially because of the fact that new cultural activities proposed by the Secretary General and endorsed by the Committee of Ministers had been launched. As for the comment by the Representative of the Federal Republic of Germany on page 62 of CM(84)164, the Director said that it was a process which had only just begun. The Chairman drew attention to the request by the CDCC to be authorised to send a representative to the Steering Committee on the Mass Media (CDMM) (paragraph 14(ii) of CM(84)164). The Representative of Belgium said that his authorities agreed with this proposal on the condition that a representative from the CDMM could attend meetings of the CDCC. The Head of Plan and Programme Division recalled the statement that had been made, on instructions from the Secretary General, on this matter at the CDCC's meeting. On that occasion, it had been stressed that the representation of one intergovernmental committee in another raised difficulties of principle and the suggestion had been made that the desired result could be obtained by flexible exchanges of views and informal contacts between the committees concerned. In making this comment the Secretariat had had regard to the position so far adopted by the Committee of Ministers (see Resolution (76)3, paragraph 37 and Appendix 1, paragraph 12 and also Concl(83)331/8, decision iv and Concl(83)333/27, decision xi). If the CDCC's request were acceded to, it would create a precedent for other steering committees, with extensive budgetary implications for the annual programme of activities. Furthermore, the CDMM had always adopted a restrictive attitude to outside participation in its work since it might complicate its decision-making process. It would no doubt be useful to obtain the CDMM's opinion on this matter. The Secretariat representative (Directorate of Education, Culture and Sport) said that the CDCC was, in principle, in agreement with the line referred to above, but there were certain cases where participation by a member of the CDCC in another expert committee was essential. This was such a case. The cost of the participation of a member of the CDCC in the CDMM would be met from the Cultural Fund. The Representative of the United Kingdom said that problems between committees should be resolved, as suggested by the Secretariat, by exchanges of views and informal contacts. The Representative of the Federal Republic of Germany referred to the experience acquired during the preparation of the Berlin Conference of European Ministers responsible for Cultural Affairs, and supported the request by the CDCC. CONFIDENTIAL - 169 - CM/Del/Concl(84)375 Item 47
The Representative of Belgium said that he was in favour of asking the CDMM's opinion on the matter before taking any decision. The Representative of Turkey, referring to the special art exhibitions account (page 9 of CM(84)164), said that his authorities had no objection to the introduction of a system of voluntary contributions, but would not be in a position to make any contributions to it. Decisions The Deputies 1. adopted Recommendation No R(84)18 of the Committee of Ministers to the governments of the member States on the training of teachers in education for inter-cultural understanding, notably in a context of migration, as it appears at Appendix VIII to these Conclusions; 2. agreed to resume consideration of the memorandum from the Council for Cultural Co-operation (CDCC) on the pattern and organisation of the CDCC's future work (Appendix F to CM(84)164) in the light of a meeting between their working party on cultural co-operation and the CDCC's Bureau, which has been organised to discuss this text; 3. took note of CDCC Resolution No 20/1984 approving the accounts of the Cultural Fund for 1983 (pages 13 and 14 of CM(84)164); 4. took note of the approval in principle by the CDCC of its draft Annual Activities Programme for 1985 (CM(84)182); 5. agreed to examine the CDCC's position regarding its grant to European Music Year 1985 (page 34 of CM(84)164) in the context of their discussions on the 1985 draft budget; 6. agreed to examine the CDCC's opinion on Assembly Recommendation 954 on cultural relations between Europe and Japan under item 50 of the agenda of the present meeting; CONFIDENTIAL CM/Del/Concl(84)375 - 170 - Item 47
7. took note of the opinion of the Standing Conference on University Problems (CC-PU) on Assembly Recommendation 939 on the United Nations Conference on new and renewable sources of energy (Appendix I to CM(84)164), noted that Decision No CM/289/091282 had been implemented and instructed the Secretariat to prepare for their 378th meeting (November/December 1984 - A and B levels) a draft reply to this Recommendation; 8. agreed to examine the CDCC's opinion on carrying out a comparative study of cultural policies (Appendix G to CM(84)164) under item 48 of the agenda of the present meeting; 9. extended to February 1986 the time for implementing the ad hoc terms of reference assigned to the CDCC by Decision No CM/308/211083 on Assembly Recommendation 929 on music education for all (paragraph 12 of CM(84)164): 10. took note of the CC-PU's report on Assembly Recommendation 961 on aquaculture in Europe and the world (Appendix K to CM(84)164) and noted that Decision No CM/301/190483 had been implemented; 11. instructed the Secretariat to ask the Steering Committee for the Mass Media (CDMM) for an opinion on the CDCC's request to send a representative to the CDMM (item 14(ii) of CM(84)164); 12. having regard to decisions 1 to 11 above, took note of the report of the 46th session of the Council for Cultural Co-operation (CDCC) as a whole (CM(84)164).
When Recommendation No. R(84)18 was adopted (decision 1 above), the Representative of the United Kingdom, in application of Article 10.2.c of the Rules of Procedure for the meetings of the Ministers' Deputies, reserved the right of her government to comply with it or not. CONFIDENTIAL - 171 - CM/Del/Concl(84)375 Item 48
48. COMPARATIVE STUDY OF CULTURAL POLICIES (Concl(84)370/27, CM(84)141)
The Chairman recalled that the Secretary General of the Commission of the European Communities had, in a letter dated 20 February 1984, proposed that the Secretary General of the Council of Europe should put in hand a comparative study of cultural policies in the Community countries on the basis of a contract to be concluded between the Commission and the Council of Europe and of an appropriation of 20,000 ECU to be made available to the Council of Europe Secretariat. The Deputies had discussed this matter and subsequently decided to ask for an opinion from the Council for Cultural Co-operation (CDCC). That opinion had now been received and was reproduced in CM(84)141. The Representative of Portugal said that his delegation considered that, in view of the political significance of the initiative of the Commission of the Communities, recognising in a practical way that the Council of Europe was the primary forum for the implementation of a cultural policy in the Continent, the Council of Europe should respond in the way expected of it. In his letter Mr. Noël had considered the possibility of the requested study being extended subsequently to the member States of the Council of Europe. However, in paragraph 1 of its opinion, the CDCC believed that the study should apply, from the outset, to all the States which had signed the European Cultural Convention. In paragraph 2 of the same opinion "a more restricted area" was advocated than the one proposed by the EEC. In paragraph 3 reference was made to the comments of the CDCC and CDMM. As regards the decisions to be taken by the Committee of Ministers authorising the Secretary General to accept a contribution of 20,000 ECU from the Commission for the financing of this comparative study, he wondered whether it would be advisable to have the EEC's reaction to the three counterproposals made in the CDCC's opinion. If it were considered that the cost of a study could be estimated only after it had been duly defined, two courses were open. One could either, in view of the urgency, engage experts and convene to extraordinary meetings all or some of the elements of the two steering committees (for they would not be meeting until October 1984 and February 1985, respectively), in which case the 20,000 ECU might prove insufficient. Or, in view of the impossibility of submitting the interim reports and the final study on the dates mentioned, the Council of Europe could carry out the study in its own time and with the thoroughness that the task merited. CONFIDENTIAL CM/Del/Concl(84)375 - 172 - Item 48
In this first phase of the reply to the EEC the Committee of Ministers could thus point out not only that this was not the first research of the kind that the Council of Europe had done (see the study mentioned on page 4 of CM(84)141, "Cultural Policies in Europe"), but also that there were other initiatives in progress, such as the Stockholm Colloquy, which could provide positive and useful elements for the study. The Commission's request being thus perfectly in line with the interests and concern of the European Cultural Convention, the foregoing would make it easier to understand why a study carried out by the Council of Europe should cover, from the outset, all the 23 countries parties to the Convention. In conclusion, he wondered whether this task could not be carried out with the means available, in other words, within the framework of the meetings planned for the steering committees (even if this entailed a slight increase in costs). These costs, insofar as they affected only the 1985 budget, could be discussed and approved during the next discussion on the budget, taking into account the fees of one or more experts. Authorisation to the Secretary General to accept the Commission's contribution of 20,000 ECU could therefore be postponed to a later date. The Deputies could consequently decide now to authorise the Secretary General to communicate to Brussels the political importance which the 21 attached to the Council of Europe's carrying out the study in question, and at the same time instruct him to see to it that this task was carried out. The Secretary General would, of course, have to keep the Deputies informed not only of acceptance by Brussels but also of any other development occurring in the matter. The Secretary to the Committee said that the competent department of the Commission of the European Communities had been apprised of the CDCC's opinion and had indicated that the three conditions set out in fine could be accepted on the understanding that the resources made available by the Commission would be spent on the study of cultural policies in the ten member States of the Community and that the contract could be concluded before 30 September 1984. Particular importance should be attached to the latter point. The Representative of Switzerland said that the kind offer of the Commission should be accepted and that the study should be put in hand. However, he had reservations on accepting the second part of the third condition suggested by the CDCC that the study should be transmitted to the EEC with the observations of the Committee of Ministers and in the light of the comments of the CDCC and the Steering Committee on the Mass Media (CDMM). This condition seemed to be excessively cautious. CONFIDENTIAL - 173 - CM/Del/Concl(84)375 Item 48
The Representative of the United Kingdom said that the two proposals (acceptance of the 20,000 ECU and the extension of the study to all Contracting Parties to the European Cultural Convention) should not be linked. In his opinion the Committee of Ministers should agree to accept the Commission's offer but need not decide at this stage whether or not to extend the study to countries which were not members of the Community. The Representative of Sweden said that his authorities were in favour of accepting the Commission's offer, but the subject was so vast and complicated the study could take many years to complete. The Representative of Italy was in favour of accepting the Commission's offer on the first two conditions indicated by the CDCC. The Representative of Austria shared this view and suggested that the Secretariat should be instructed to inform the Deputies of the arrangements made for carrying out the study. Decisions The Deputies 1. authorised the Secretary General, in pursuance of Article 13 of the Financial Regulations, to accept from the Commission of the European Communities a contribution of 20,000 ECU towards the financing of a comparative study of cultural policies, it being understood that: a. the study would apply to all the parties to the European Cultural Convention, b. the study would focus on the question: how and to what extent has consideration of the media affected cultural policies in the last 5 years? Converging and diverging trends; 2. instructed the Secretary General to report to them on the arrangements for implementing the study.
CONFIDENTIAL - 175 - CM/Del/Concl(84)375 Item 49 49. 4th CONFERENCE OF EUROPEAN MINISTERS RESPONSIBLE FOR SPORT (Malta, 15-16 May 1984) (Concl(84)374/49a, CM(84)142, 146 and Add.)
The Representative of Greece asked why the Secretariat had not proposed any action in respect of Resolution No. 3 on the future of the Olympic Games. The Secretariat representative replied that no specific consequences for the work programme had been proposed by the Sports Ministers, but the Resolution would be widely distributed (see decisions 4 and 8 below). With regard to Resolution No. 9 on discriminatory practices the Representative of the Federal Republic of Germany made the following statement: "We assume that all forms of discrimination should be discussed, and not only apartheid. We do not feel that the discussion on this matter should take place in the CDDS; the appropriate framework would be the exchange of views on the United Nations in the Committee of Ministers." The Representative of the United Kingdom pointed out his country's particular interest in that Resolution, especially with regard to South Africa. He considered that the Committee for the Development of Sport (CDDS) was fully competent to conduct the exchange of information, for instance by written enquiry, and the results of any discussions could be conveyed to the Sports Ministers. The Representative of Sweden stressed the political nature of this topic, which, if discussed during the exchange of views on the UN, would reinforce the political role of the Committee of Ministers. This would not prevent the CDDS from collecting information on all discriminatory practices. The result of a vote as to whether to include this item among the themes for the next exchange of views on the UN was: 9 in favour, 1 against, 9 abstentions (not carried). The Chairman declared that the alternative - to give the CDDS corresponding instructions - was therefore adopted (see decision 3 below). The Representative of Portugal, explaining his abstention in the vote, said that while he was not actually opposed to the matter being discussed by the UN experts, he considered that this delicate topic could be discussed again by the Sports Ministers at the next meeting of their informal working party in Lisbon next year. CONFIDENTIAL CM/Del/Concl(84)375 - 176 - Item 49
The Representative of the Netherlands stated his authorities' strong preference for a Committee of Senior Officials to prepare future Conferences of Sports Ministers, as implied in paragraph 10 i of Resolution No. 10 on European sports co-operation. The Representative of Portugal considered that it was as yet premature to decide on whether or not to set up a Committee of Senior Officials, as neither the CDDS nor the Conference had yet discussed the proposal made under 10 ii of that Resolution. The Representatives of Sweden and Norway supported the present arrangement, ie preparation of the Conference by the CDDS. Any further discussion of this point should be linked to the Deputies' examination of their relevant working party's proposals concerning Conferences of Specialised Ministers in general. Furthermore, while noting the decision of the Sports Ministers to hold their next conference in 1986, they stated their authorities' preference for a triennial period. This latter point was supported by the Representative of Switzerland, who stressed the need for adequate time to implement Resolutions adopted at conferences, both at international and at national levels. In answer to questions on the meaning of the word "autonomy" of the Sports Ministers Conference used in Resolution No. 10, the Secretariat representative explained that this question had its origin in the composite membership of the CDDS, which included NGOs. Some Sports Ministers at Malta had considered that their autonomy would be better reflected if their Conferences were prepared by a Committee of Senior Officials, while others had expressed their confidence in the existing methods (see report of the Conference, MSL-4(84)32 rev., page 15, paragraph 3, and page 18 last paragraph "Draft Resolution No. 2"). The Representative of the United Kingdom, whose authorities supported the creation of a Committee of Senior Officials, stressed that this was not a criticism of the CDDS, which was an effective body doing good work. NGO participation in the CDDS was necessary and he did not question it. However, when it came to Ministerial Conferences, such well established NGO participation could cause difficulties for governments, which the creation of a Committee of Senior Officials would obviate. With regard to Resolution No. 11 on past and future work of the CDDS, 1981-1984, and 1984-1986, the Representative of the Netherlands underlined the need for the CDDS to take full account of Sports Ministers' Resolutions which should be reflected in its programme of work. CONFIDENTIAL - 177 - CM/Del/Concl(84)375 Item 49
Decisions The Deputies 1. adopted Recommendation No. R(84)19 on "The European Anti-Doping Charter for Sport", as it appears at Appendix IX to these Conclusions, and authorised publication of its accompanying explanatory memorandum (Addendum to CM(84)146); 2. instructed the Secretary General to forward the text of Recommendation No. R(84)8 of the Committee of Ministers on the reduction of spectator violence at sporting events and in particular at football matches and Resolution No. 6 of the 4th Conference of European Ministers responsible for Sport on spectator violence associated with sport to the Secretary General of the "Union européenne des Football Associations" (UEFA) and to ask UEFA to continue to participate in the work of the CDDS working party on the reduction of soccer spectator violence; 3. instructed the Committee for the Development of Sport (CDDS) to organise the exchange of information called for in Resolution No. 9 on discriminatory practices; 4. agreed to resume consideration of operative paragraph (i) of Resolution No. 10 on European Sports Co-operation, in the framework of their discussion on the proposals concerning Conferences of Specialised Ministers made by their working party on the working methods in the Council of Europe; 5. adopted Decision No. CM/343/250984 assigning ad hoc terms of reference to the CDDS, as it appears at Appendix X to these Conclusions; 6. took note of the decision of the Conference, following the invitation of the Portugese government, to hold the 11th meeting of the Informal Working Party of Sports Ministers, probably in Lisbon, in 1985; 7. took note of the decision of the Conference, following the invitation of the Irish government, to meet in Ireland in 1986; 8. having regard to decisions 1 to 7 above, took note of the Resolutions and Declaration adopted at the 4th Conference of European Ministers responsible for Sport (Malta, 15-16 May 1984) (CM(84)142), decided to transmit them to their governments and to the Assembly, and instructed the Secretary General to transmit them to the Presidents of the International Olympic Committee and the General Association of International Sports Federations, for information.
CONFIDENTIAL - 179 - CM/Del/Concl(84)375 Item *50
*50. CULTURAL RELATIONS BETWEEN EUROPE AND JAPAN Assembly Recommendation 954 (Concl(83)356/9, CM(83)14, CM(84)148)
Decision The Deputies adopted the following reply to Assembly Recommendation 954: "The Committee of Ministers has examined Assembly Recommendation 954 on cultural relations between Europe and Japan and shares the view expressed by the Assembly that mutual awareness and reciprocal exchanges between Europe and Japan should be developed. In the light of an opinion formulated by the Council for Cultural Co-operation (CDCC) on operative paragraphs 11(i), (iii) and (iv) of Recommendation 954, the Committee of Ministers wishes to make the following comments. There has been a significant increase in cultural contacts between Japan and the Council of Europe in recent years. For example, Japan is regularly represented at sessions of the Standing Conference of European Ministers of Education and has also been represented at conferences and symposia in the CDCC's programme. Furthermore, discussions are under way concerning the organisation in Japan in 1986 of a major exhibition of European art, which could be followed by an exhibition of Japanese art in Europe, thus contributing to the establishment of an intercultural dialogue between Western Europe and Japan. The practice of inviting Japanese representatives to attend conferences and symposia organised by the CDCC will be maintained and the possibility of Japan being invited to be represented at Conferences of European Ministers responsible for Culture will be examined carefully. Objective 10.1 of the Second Medium Term Plan is designed to explore possibilities of dialogue and mutual understanding with other parts of the world. In response to this objective, the CDCC is organising, within the framework of the Teacher Bursaries Scheme, a series of European teachers' seminars on how other parts of the world are presented in secondary schools in Western Europe. The findings of CONFIDENTIAL CM/Del/Concl(84)375 - 180 - Item *50 these seminars will probably be reviewed at an intergovernmental symposium to be held in 1986 and the CDCC will submit the results of this symposium to the Committee of Ministers in the form of a draft Recommendation. Such a Recommendation would supplement the ideas contained in Recommendation No. R(83)4 of the Committee of Ministers on "the promotion of an awareness of Europe in secondary schools". The first seminar in the series dealt with Japan (Donaueschingen, May 1982) and it was organised in co-operation with the International Society for Educational Information in Tokyo, mentioned in Recommendation 954: The seminar concluded that "even an elementary knowledge of some major aspects of Japanese culture is not yet part of the normal intellectual equipment of a reasonably well educated Europe". As a follow-up to the seminar and also to the Strasbourg panel on "relations between Western Europe and Japan" (June 1982) and Recommendation 954, the International Society organised, in co-operation with the CDCC, a study-tour of Japan for a group of influential educators from 11 member States of the Council of Europe in August/September 1983. On the basis of the report of the study-tour, the CDCC has i. decided to organise - in 1985 or 1986 - a second European Teachers' Seminar (in Europe) on "Teaching about Japan in schools in Western Europe", which will make proposals on how to promote "appreciation in Europe of Japanese culture, both ancient and modern, in intercultural work at school level"; ii. asked the International Committee of the European schools Day Competition to include a question on Japan or relations between Europe and Japan in the 1986 and 1987 competitions; iii. decided to hold an in-depth discussion on "Cultural relations between Western Europe and Japan" at one of its forthcoming sessions. As far as paragraph 11 (iii) of Recommendation 954 is concerned, the Committee of Ministers has been informed that a certain number of Japanese visitors have been received by the European Youth Centre on several occasions. As for the European Youth Foundation, links with Japan have been limited to the exchange of information and documentation with the Japanese National Youth Council. However, Recommendation 954 has been brought to the attention of the Governing Board and Advisory Committee of the European Youth Centre and of the Intergovernmental Committee, Governing Board and Advisory Committee of the European Youth Foundation drawing their attention in particular to paragraph 11(iii). Finally, Recommendation 954 has been forwarded to the Minister for Foreign Affairs of Japan." CONFIDENTIAL - 181 - CM/Del/Concl(84)375 Item 51
51. DRAFT EUROPEAN CONVENTION FOR THE PROTECTION OF INTERNATIONAL WATERCOURSES AGAINST POLLUTION (Concl(83)367/30, CM(81)72, 83 Add. II, CM(82)106, CM(84)27, 28, 68, 187 and Add.)
The Representative of the Netherlands made the following statement : "The Convention before us has a long and difficult: history. Already in 1970, 14 years ago, the experts started their first discussion. After ten years they reached an agreement after working out a difficult compromise. The result of this compromise was studied and evaluated by the Netherlands' authorities. Although we thought that there were many shortcomings, we agreed with it and informed the Committee of Ministers of our decision in April 1981. France and Belgium withdrew their reservations in 1982 and 1983 respectively. Given this long history my authorities are at this moment not favourably inclined to discuss new amendments, not even amendments we consider improvements. The reason for this is that we fear that if the discussion is reopened, the consequence will be an avalanche of new proposals, an avalanche that could not be stopped. In particular, the proposals by the Federal Republic, which were handed in at the last moment, give rise to a critical approach because it was the fundamental proposals from the German side which led in 1976 to a general revision of the draft text of 1974. The compromise of 1980, also on Article 4, was made on the basis of the German desiderata. So, honestly, we don't understand that the Federal Republic wants to reopen the discussion and undo the compromise. Apart from this, my authorities think that the German proposal is not in harmony with the structure of the Convention. The quality objectives referred to in Article 4 are minimum values and not target values. We have for us a Convention of which the conclusion would be of European interest so I want to make an appeal to all the delegations which handed in amendments to reconsider if these amendments are really necessary, and I want to quote Mr. Diez (Chairman of the ad hoc Committee of Experts responsible for drafting the Convention): it is highly desirable that the Convention be approved without further discussion which might undermine the results achieved." CONFIDENTIAL CM/Del/Concl(84)375 - 182 - Item 51
The Chairman announced that the Secretariat had received a communication dated 10 September 1984 from the Commission of the European Communities (Mr. A. Andreopoulos, Director General, D.G.XI) worded as follows: "I hereby inform you that the Commission's departments have no comments to make on the above-mentioned European Convention for the Protection of International Watercourses against Pollution (CM(84)68), which was drawn up having regard to the Community directives in force and is not inconsistent with the latter. With regard to Appendix II to the draft Convention, I would, however, draw attention to one difference compared with the Council Directive of 4 May 1976, 76/464/EEC, which makes provision for a dual approach to the fixing of emission standards for substances in List A. Such standards may be fixed in terms not only of limits but also, in certain circumstances, of qualitative objectives." The Representative of Belgium said that he was willing to approve the text of the draft Convention and its technical Appendices in the form in which they appeared in CM(84)68. The Representative of the Netherlands said that his delegation was opposed to the re-opening of the debate on the whole draft Convention, including its technical Appendices. The Representative of the Federal Republic of Germany maintained his proposed amendments as they appeared in the Addendum to CM(84)187. In his view, it was still possible for all States to submit further amendments. In particular, the technical Appendices were as important as the text of the Convention. The Representative of Austria said that certain amendments had been presented by his delegation for purely constructive reasons. His delegation wanted the Convention to be adopted as speedily as possible. To this end, it was prepared to show flexibility with regard to its proposals for amendments. The Representative of Greece did not share the views of the Representative of the Federal Republic of Germany. In the light of Greece's geographical position, his delegation proposed only that the procedure whereby non-member States could accede to the Convention be made more flexible. The Representative of Switzerland said that his government endorsed the view expressed by the Chairman of the former ad hoc Committee of Experts responsible for the elaboration of the draft Convention, Ambassador Diez, at the end of CM(84)187 with regard to the desirability of speedily approving the Convention without undermining the results achieved. CONFIDENTIAL - 183 - CM/Del/Concl(84)375 Item 51
He proposed that the Deputies immediately adopt the text of the Convention and Appendix IV thereto concerning arbitration. The technical Appendices I, II and III, which were not legally binding but were intended simply to facilitate the work of the international commissions provided for in the Convention, might, on the other hand, be adopted at a later date. The Representative of the United Kingdom said that her authorities were ready to approve the text of the Convention and Appendix IV straight away. On the other hand they still wished to propose some amendments to Appendices I to III: the new British proposals, which took account of the Secretariat observations, appeared in Addendum II to CM(84)187 of 25 September 1984. The Representative of Italy favoured adoption of the Convention and its four Appendices in the form in which they appeared in CM(84)68. The Representative of France said that the finalisation of the draft Convention was a matter for experts. Each delegation found it difficult to take a stance on the amendments presented by other delegations to the Ministers' Deputies. The Representative of Austria said that two sorts of observation had been presented: the amendments of a legal nature related to the Convention and Appendix IV thereto and could be considered by the Deputies. The amendments relating to the Appendices expressed concerns of an ecological nature and should be referred to experts. The Secretary to the Committee suggested that the Deputies follow a procedure which had already proved its worth at the final stage of the adoption of other Council of Europe Conventions. The Convention and Appendix IV thereto contained highly legal provisions, and their finalisation could therefore be done through diplomatic negotiations, which the Deputies could themselves take care of, accompanied by experts from capitals if they so wished. On the other hand, the questions that had been raised concerning Appendices I to III rather required technical expertise and could be dealt with by technical experts outside (preferably immediately prior to its opening) the meeting that the Deputies would be devoting to the draft Convention with a view to its adoption. The Chairman noted that the procedure outlined by the Secretariat met with the approval of the delegations concerned. CONFIDENTIAL CM/Del/Concl(84)375 - 184 - Item 51
Decisions The Deputies 1. agreed to resume consideration at their 377th meeting (8 November 1984 at 3 pm) (1) of the Draft European Convention for the Protection of International Watercourses against Pollution with a view to its adoption and opening for signature, it being understood that the delegations that so wish will be able to be accompanied by experts, in particular for the examination by the Deputies of the provisions in the body of the Convention and in its Appendix IV concerning arbitration; 2. agreed that the technical experts accompanying delegations for examination of Appendices I to III of the Draft Convention could meet for this purpose, with the assistance of the Secretariat, on 7 November 1984 and if necessary during the moring of 8 November 1984 (1).
(1) Dates subject to confirmation at the opening of the Deputies' 376th meeting (18 October 1984). CONFIDENTIAL - 185 - CM/Del/Concl(84)375 Item 52 52. TOXIC WASTE (Concl(84)368/20, CM(84)20 and 186)
The Representative of Portugal made the following statement: "Bearing in mind the passage at the beginning of paragraph 19 of CM(84)186 concerning 'the question of whether it is advisable or necessary for the Council of Europe for its part to take action on the question of dangerous waste', the importance, scale and seriousness of the problem and, above all, the decisions taken at the Deputies' 374th meeting (June 1984, item 36d) on Resolution 147 (1983) of the Conference of Local and Regional Authorities of Europe (CLRAE) on 'the dumping of radioactive waste at sea', prepared and presented in draft form in 1982 by the President of the Government of the Autonomous Region of the Azores, and more specifically paragraph 19 of the Resolution, in which the Committee of Ministers of the Council of Europe is asked to take follow-up action, the Portugese delegation believes that it would be advisable, in accordance with the letter and aim of paragraph 19 ('Conclusions') of CM(84)186 and pending the findings of the OECD Conference on 'movements of hazardous waste' to be held in March 1985, to include CLRAE Resolution 147 in the file on the agenda of the next debate on the subject. In particular, it should be remembered that the 'Azores Declaration' adopted at the closing session of the second Conference of European Island Regions held in the Azores from 27 to 29 March reiterated the feelings of anxiety already expressed on the matter and stressed the importance of a new, very serious element which must be taken into account: 'The authorities of the island regions express their support for CLRAE Resolution 147 (1983) on the dumping of radioactive waste at sea and their satisfaction at the fact that since that Resolution was adopted no further dumping of nuclear waste has taken place, but warn against the moves within OECD aimed at allowing such waste to be injected into the sea-bed, a practice which could be fraught with greater dangers than immersion considering the volcanic or unstable nature of the relevant part of the earth's crust'." The Chairman noted that at their 374th meeting the Deputies had linked the discussion of the proposals contained in paragraph 19 of CLRAE Resolution 147 to that of possible follow-up to the parliamentary hearing on the elimination of radioactive waste held by the Assembly Committee on Science and Technology in Stockholm on 10 and 11 September 1984. The Deputies would no doubt soon be informed of the conclusions of that important meeting. The Representative of Switzerland was able to accept the Secretariat's conclusions as reproduced in paragraph 19 of CM(84)186, namely: 1. carefully follow the work of other international organisations; 2. refrain from undertaking operational activities on the subject for the moment; 3. resume discussion of the issue after the high-level OECD conference to be held in Switzerland in 1985. CONFIDENTIAL CM/Del/Concl(84)375 - 186 - Item 52
The Representative of Austria agreed, but added that his authorities were in principle in favour of Council of Europe activities on the storage and movement of dangerous waste. Decisions The Deputies 1. instructed the Secretariat to continue to follow the evolution of the work being done in other international institutions in the field of toxic waste; 2. agreed to resume consideration of this item in the light of a Secretariat document, after the OECD high-level Conference on International Co-operation concerning the Transfrontier Movements of Hazardous Waste (March 1985, Switzerland). CONFIDENTIAL - 187 - CM/Del/Concl(84)375 Item 53
53. AIR POLLUTION AND ACID RAIN Assembly Recommendation 977 (Concl(84)374/35, CM(84)123 and 174)
The Representative of Italy reiterated the view already expressed by his delegation concerning Assembly Recommendation 977 on air pollution and acid rain, namely that it was not advisable to draw up a new international Convention or indeed other binding legal instrument on the subject because it was already being dealt with by the European Economic Community and the United Nations Economic Commission for Europe (ECE-Geneva). The findings of the conference held in Munich from 24-27 June confirmed that view. On the other hand, the Italian delegation was in favour of studying the ecological repercussions of air pollution and co-ordinating the activities of international organisations in that area. However, it remained to be seen whether co-ordination should be established at the initiative of the Council of Europe or might be achieved simply in inter-secretariat meetings. The Represenative of Switzerland was prepared to endorse the remarks made by the Secretariat in CM(84)174 on action that might be taken by the Council of Europe, as well as the proposed decisions set out in Notes N° 5073 on the present item of the agenda. He suggested that Assembly Recommendation 977 should also be forwarded for information to the Commission of the European Communities. The Resprentative of Sweden was not opposed to a study of the purely ecological aspects of the question, but was anxious to avoid the overlaps which were likely to occur in view of the work done by the ECE (Geneva). He wondered whether the European Committee for the Conservation of Nature and Natural Resources (CDSN) had already made proposals on the subject for the forthcoming programme of activities. The Representative of Norway repeated the remark made by the Representative of Sweden about the efforts of the ECE (Geneva) to deal with the ecological aspects of the matter. CONFIDENTIAL CM/Del/Concl(84)375 - 188 - Item 53
The Representative of Portugal made the following statement: "In paragraph 16, sub-paragraph (i) of Recommendation 977 (1984), the Assembly recommends that the Committee of Ministers 'instruct the Secretary General of the Council of Europe to forward this Recommendation to all Eastern European .... States concerned'. As the East European countries have already taken part in meetings and exchanges of information, particularly of a scientific nature, as part of other initiatives aimed at solving the problem, and as representatives of the East European countries attended the recent conference in Munich (where the Minister of the Interior of the Federal Republic of Germany, who chaired the meeting, was even reported as saying that this East/West co-operation was essential for the preservation of the environment and natural resources), this delegation does not consider it advisable, in any event at this stage in the process of scientific contact with East European experts, to instruct the Secretary General to forward this Recommendation to all Eastern European States concerned, as stated in paragraph 16 (i) of the Recommendation. Portugal recently attended the 'Conference on the causes and prevention of damage to forests and water through air pollution in Europe' organised in Munich by the Federal Republic of Germany in co-operation with the Economic Commission for Europe from 24 to 27 June. Portugal also signed the Geneva Convention on the emission of harmful fluids in 1979 and ratified it in 1980; it was the fifth of the 24 countries to ratify the Convention, although its geographical position does not make it likely to be seriously affected by acid rain." The interim Director of Environment and Local Authorities said that the Secretariat would formulate proposals based on the outcome of the Deputies' discussions of the matter and the activities of other international institutions in air pollution control. To be sure, it was not a matter of competing with the ECE (Geneva) or duplicating the existing Convention, but of doing some useful work on matters which were insufficiently covered, while enabling the Council of Europe to intervene effectively if the hopes placed in the Geneva Convention were disappointed. The Head of Plan and Programme Division said that the draft programme of activities for 1985 already contained an activity with links with the problem of acid rain, activity 19.2.A.1 (element 7) of the draft 1985 programme, Conservation of virgin forests and ancient natural woodlands, which followed on from activity 19.2.10 of the 1984 programme. CONFIDENTIAL - 189 - CM/Del/Concl(84)375 Item 53
He assured the Deputies that in the light of the outcome of their discussions in June 1984 and at the present meeting, and of recent international developments in the matter, especially following the Munich conference, the Secretariat would endavour to make appropriate additional proposals to fulfil, as far as possible, the wishes expressed by the Assembly in its Recommendation 977 and endorsed by the Deputies. Decisions The Deputies 1. agreed to transmit Assembly Recommendation 977 to the Governments of member States, drawing their attention more particularly to its paragraph 16(j); 2. instructed the Secretary General to make proposals, in the light of Assembly Recommendation 977, documents CM(84)123 and 174 and the outcome of their discussion on this item, having regard at the same time to the activities being undertaken in this field by other international institutions, for possible Council of Europe action to combat air pollution which might be included in the draft programme of activities for 1985; 3. instructed the Secretary General to send Assembly Recommendation 977 for information to the Commission of the European Communities, OECD, the United Nations Economic Commission for Europe and the United Nations Environment Programme (UNEP); 4. adopted the following interim reply to Recommendation 977: "The Committee of Ministers is fully aware of the importance of the implications of atmospheric pollution and acid rain, not only for forests, but for all components of the natural environment, not forgetting the cultural heritage. It welcomes the efforts made in various international bodies with a view to reducing the emission of noxious substances, more particularly sulphur dioxide and nitrogen oxides. In this connection, attention is drawn to the importance of the Convention on Long-range Transboundary Air Pollution prepared within the Economic Commission for Europe in Geneva. This instrument is, at least for the time being, the only one enabling all European countries to co-operate in an attempt to find solutions to this complex problem. Accordingly, the Committee of Ministers considers that action initiated in other European organisations and in OECD should be regarded as contributions towards this European effort, one example of which was provided by the multilateral conference on the causes and prevention of damage to forests and water through air pollution in Europe, organised by the Federal Republic of Germany in Munich from 24 to 27 June 1984 in close collaboration with the Economic Commission for Europe. CONFIDENTIAL CM/Del/Concl(84)375 - 190 - Item 53
The Committee of Ministers can subscribe to the majority of the recommendations contained in paragraph 16 of Assembly Recommendation 977. It agreed to communicate the Recommendation to the Governments of member States, and their attention has been drawn more particularly to paragraph 16(j). It also asked the Secretary General to forward Recommendation 977 for information to the Commission of the European Communities, OECD, the United Nations Economic Commission for Europe and the United Nations Environment Programme (UNEP). Lastly, the Ministers instructed the Secretary General to draw up proposals, in the light of the Recommendation and having regard to the activities being undertaken in this field by other international bodies, for possible Council of Europe action to combat air pollution. These proposals will be considered when the programme of intergovernmental activities for 1985 is drawn up. It will be possible to supply more detailed information once that programme has been adopted." CONFIDENTIAL - 191 - CM/Del/Concl(84)375 Item 54
54. STANDING CONFERENCE OF LOCAL AND REGIONAL AUTHORITIES OF EUROPE (CLRAE) Interpretations of Article 2(a) of the CLRAE Charter (CM(84)150)
The Representatives of Austria, Sweden, Norway and Portugal said they could approve the conclusions adopted by the Standing Committee of the CLRAE relating to the interpretation of Article 2.a of the Charter of the Conference (Appencix II to CM(54)150 p. 8). The Representative of Italy was obliged, for lack of instructions, to abstain on this question, which was still being studied by the appropriate authorities at the various levels. The Representative of Belgium referred to the statements made by his delegation on CLRAE Resoltuion 140 at the 374th meeting of the Deputies (June 1984, item 36d). If a majority emerged in favour of the conclusions adopted by the Standing Committee of the CLRAE he must make reservations regarding their application in Belgium. Decisions The Deputies 1. decided to endorse the conclusions adopted on 5 June 1984 by the CLRAE Standing Committee regarding the interpretation of Article 2(a) of the Conference Charter, as they appear at page 8 of Appendix II to CM(84)50; 2. agreed to inform the CLRAE and the governments of the member States of the above decision.
CONFIDENTIAL - 193 - CM/Del/Concl(84)375 Item *55 *55. STEERING COMMITTEE FOR REGIONAL PLANNING (CDAT) Report of the 4th meeting (Strasbourg, 2-4 April 1984) (Concl(84)374/38, CM(84)110 and Add.)
The Representative of the Federal Republic of Germany said that his authorities would warmly welcome the organisation of a European campaign for the countryside. When the 1985 draft programme of activities was discussed the following October, he would state the reasons for the priority status which should be given to the activity. The Representative of Austria agreed. The Representative of Denmark said that her authorities, though aware of the problems posed by the countryside, were not in favour of the campaign as they generally doubted the usefulness of such campaigns. On the matter of the draft Recommendation on balanced regional development, the Representative of Spain said that his authorities were not entirely satisfied with the text and would make a few observations on it for discussion at the Deputies' forthcoming B-level meeting in October 1984. The Representative of Norway said that the text of the draft Recommendation was fully in line with Norwegian practice and legislation and that he could accordingly accept it as it stood. In connection with the formulation of a European regional planning strategy, the Representative of Austria believed that the Steering Committee for Regional Planning (CDAT) should work in conjunction with the European Conference of Ministers responsible for Regional Planning (CEMAT). The Representative of Belgium doubted whether it was advisable to entrust the formulation of the strategy to a single expert. While agreeing with the method adopted by the CDAT, the interim Director of Environment and Local Authorities stressed the political and technical aspects of the strategy and said that the CDAT and the CEMAT had given priority to the activity. Decisions The Deputies 1. took note of the opinion expressed by the Steering Committee for Regional Planning (CDAT) concerning; a possible European campaign for the countryside (Appendix III to CM(84)110), noted that the CDAT had executed the ad hoc terms of reference assigned to it by Decision No CM/313/091283, and agreed to consider that opinion at the same time as the opinions on the same subject for which the Steering Committee for Urban Policies and the Architectural Heritage (CDUP), the European Committee for the Conservation of Nature and Natural Resources (CDSN), the Steering Committee for Regional and Municipal Matters (CDRM) and the Bureau of the Committee for Equality between Women and Men (CAHFM-BU) have been asked; CONFIDENTIAL CM/Del/Concl(84)375 - 194 - Item *55
2. agreed to postpone to their 376th meeting (October 1984 - A and B levels, for examination at B level) consideration of the draft Recommendation on balanced regional development (Appendix IV to CM(84)110); 3. took note of the final activity report concerning Activity 16.5.2 - Transport problems and regional planning (page 5 of CM(84)110 and Addendum to CM(84)110); 4. took note of the adjustments made by the CDAT to the 1984 Work Programme for Sector 16, within the limit of the available funds, concerning the following activities: - Activity 16.1.4 (page 5, paragraph c of CM(84)110) - Activity 16.2.2 (page 4, paragraph a of CM(84)110) - Activity 16.2.4 (page 6, paragraph e of CM(84)110) - Activity 16.3.1 (page 6, paragraph f of CM(84)110); 5. agreed to resume consideration of the importance to be attached to working out a European regional planning concept (Activity 16.3.1) (pages 6 and 7 of CM(84)110), during their discussions on the draft programme of activities for 1985; 6. approved the principle of the holding of a seminar in Cuxhaven (Federal Republic of Germany) in 1985 (Activity 16.2.3) - subject to any decision to be taken on the matter when the 1985 programme and budget are adopted - so as to make it possible for the preparatory work to begin (page 8 of CM(84)110); 7. agreed to consider the indications given by the CDAT about the priorities to be given to sector 16 in the Programme of activities for 1985 (page 8 and 9 of CM(84)110), when they discuss the 1985 draft programme and budget; 8. having regard to decisions 1 to 7 above, took note of the report of the fourth plenary meeting of the CDAT (CM(84)110 and Addendum) as a whole. CONFIDENTIAL - 195 - CM/Del/Concl(84)375 Item *56
*56. EXHIBITION ON CONTEMPORARY ARCHITECTURE Assembly Recommendation 975 and Resolution 813 (Concl(84)368/21, CM(84)172)
Decision The Deputies adopted the following reply to Assembly Recommendation 975: "The Committee of Ministers has examined Recommendation 975 on an exhibition on contemporary architecture and has come to the conclusion that the organisation of such an exhibition, although useful, would be difficult to envisage given the present budgetary restrictions and the large number of other events competing for funds. Furthermore, it is of the opinion that a travelling exhibition would not necessarily be the best means of achieving the objectives as expressed in the Assembly's Resolution 813 on contemporary architecture. The Steering Committee for Urban Policies and the Architectural Heritage (CDUP), within its own work programme, has a number of activities which are designed to improve the training of architects; to promote an increased awareness of the public in contemporary architecture; to improve the quality of contemporary architecture and its sensitive integration into older settings, and in a general sense to encourage the transfer of experience and information on such matters between architects, planners, public officials and the public as a whole. Examples of such activities are "Urban renaissance and the architectural and planning profession" (Activity 17.3.2), and "The improvement and integration of contemporary architecture in older settings" (Activity 18.5.3). The first of the activities gave rise to a major conference held in Strasbourg from 6 to 8 June organised in collaboration with the International Union of Architects. Given the success of this event, it is likely that a suitable follow-up will be organised in 1986 specifically on the question of contemporary architecture in urban areas. The second activity has already resulted in a seminar at Bristol in 1982 on the improvement of contemporary architecture and its integration into older settings. Furthermore, a seminar will be organised in October 1984, with the presence of a delegation from the United States of America, when under the general theme of improvement of urban design in European and North American cities one sub-theme will cover new developments in contemporary architecture. CONFIDENTIAL CM/Del/Concl(84)375 - 196 - Item *56
In addition to the reports to which these activities give rise, information on them and on contemporary architecture generally, is provided periodically in the two information bulletins of the CDUP, ie "A better life in towns" (Sector 17) and "A future for our past" (Sector 18). The Committee of Ministers therefore feels that the aims of Resolution 813 will best be pursued through a combination and development of these activities." CONFIDENTIAL - 197 - CM/Del/Concl(84)375 Item 57
57. EUROPE DAYS (Concl(84)360/30)
The Chairman reminded the meeting that the proposal to declare the period from 5 to 9 May "Europe Days" was being considered both by the Parliamentary Assembly and by the European Parliament, which was also studying the questions of the European Flag and anthem. The issue was an important one because the public was somewhat confused by the celebration of two Europe Days, for example. It was not much under 20 years previously that the Committee of Ministers had decided to introduce a "Europe Day" and recommended that it be celebrated, if possible, on 5 May, the anniversary of the foundation of the Council of Europe (Resolution (64)16 of 31 October 1964). The Representative of Austria thought that celebrating two Europe Days was likely to emphasise the division between the Council of Europe and the European Communities, and proposed celebrating a single Europe Day on the Saturday nearest to the period 5-9 May. The Representative of the United Kingdom pointed to the advantages of a specific day, and saw merit in the Austrian proposal. The Representatives of the Federal Republic of Germany, the Netherlands and Turkey were in favour of a single Europe Day. The Representative of Italy remarked that the proposal to declare the period from 5 to 9 May "Europe Days" needed the agreement of the European Communities. Perhaps the ad hoc Committee on Europe for the People set up at the European Council's meeting at Fontainebleau (25-26 June 1984) could discuss the question. The Representative of Switzerland thought that the ad hoc Committee on Europe for the People could make a move to contact the Council of Europe. He drew attention to the fact that the draft Resolution on co-operation between the Council of Europe and the European Communities (CM(84)192), submitted by the Swiss and Austrian delegations with a view to the 75th Session of the Committee of Ministers (see item 3 and 5 of the agenda for the present meeting), contained a proposal on that subject. CONFIDENTIAL CM/Del/Concl(84)375 - 198 - Item 57
The representative of the Clerk's Office said that the Assembly Standing Committee, to which the Secretary General had transmitted the "Europe Days" proposal, had referred it to the Committee on Regional Planning and Local Authorities and to the Committee on Parliamentary and Public Relations. The latter had designated Mr. Vial-Massat (France) and Mr. Kittelman (Federal Republic of Germany) as rapporteurs. Replying to a question from the Representative of Belgium, the Deputy Secretary General said that a report on the European flag was being studied by the European Parliament's Legal Committee; he would keep the Deputies informed of developments in the matter. Decision The Deputies agreed to resume consideration of this item at one of their forthcoming meetings. CONFIDENTIAL - 199 - CM/Del/Concl(84)375 Item 58
58. APPEALS BOARD Appointment of members (CM(84)127 and 183)
The Chairman recalled that in accordance with Article 1 of the Statute of the Appeals Board the Committee of Ministers was required to appoint two full members and two substitute members of the Board. As five candidatures had been put forward to fill a total of four seats, he proposed that the Deputies embark on the procedure decided on at their 143rd meeting (June/July 1965, item XIX) and which was explained in detail in paragraph 4 of Notes N° 5078. That procedure had been followed on the one previous occasion on which the number of candidatures had exceeded the total number of seats to be filled (September 1981 - cf Concl(81)337/36). It involved first selecting the two full members by secret ballot, and subsequently the two substitute members also by secret ballot. In a first ballot for the selection of the two full members, one candidate, Mr Ventura, headed the poll and was the only candidate to obtain the necessary simple majority of votes of delegations entitled to vote. We was accordingly declared appointed. Following informal consultations, a second ballot was held with a view to selecting the second full member from among the four remaining candidates. It was inconclusive, no candidate obtaining the majority of votes of delegations entitled to vote. In the circumstances, and following further informal consultations, the Chairman noted that there was agreement that the Committee would appoint as a full member of the Board the candidate who obtained the highest number of votes in a third ballot, regardless of whether a simple majority of votes of delegations entitled to vote was achieved. In the third ballot, Sir Donald Tebbit headed the poll and did in fact obtain a simple majority of votes of delegations entitled the vote. He was accordingly declared appointed. The Chairman noted that following the selection of the two full members of the Board, there remained three candidates to fill the two seats as substitute members. A first ballot for the selection of the two substitute members was inconclusive, all three candidates obtaining an equal number of votes (and a simple majority of votes of delegations entitled to vote). Following further informal consultations, a second ballot for the selection of substitute members was held, in which two candidates, Mr Delvaux and Mr Diez, led over the third and obtained a simple majority of votes of delegations entitled to vote. CONFIDENTIAL CM/Del/Concl(84)375 - 200 - Item 58
Decision The Deputies appointed, in accordance with Article 1 of the Statute of the Appeals Board, and on the basis of the nomination of candidatures made by member Governments, the following two members and two substitute members of the Appeals Board for a term of three years with effect from 25 September 1984: Members Sir Donald TEBBIT (United Kingdom) Mr. Raul VENTURA (Portugal) Substitute members Mr. Henri DELVAUX (Luxembourg) Mr. Emanuel DIEZ (Switzerland) CONFIDENTIAL - 201 - CM/Del/Concl(84)375 Item 59
59. BOARD OF AUDITORS Appointment of a member (CM(84)67)
The Chairman drew attention to the fact that the deadline for the deposit of candidatures to fill the forthcoming vacancy on the Board of Auditors was 15 October 1984. The appointment itself would be made at the Deputies' 378th meeting (November/December 1984). The Secretary to the Committee recalled that the purpose of the present item appearing on the agenda was twofold: - to remind delegations of the appointments procedure as adopted by the Deputies at their 302nd meeting (Concl(79)302/XXIV), - to report information, if any, on candidatures deposited to date. With regard to the second aspect, he said that no candidatures had yet been received by the Secretariat. The Representative of Switzerland said that her authorities reserved the possibility of presenting a candidature in due course.
CONFIDENTIAL - 203 - CM/Del/Concl(84)375 Item *60
*60. CONVENTION ON THE ELABORATION OF A EUROPEAN PHARMACOPOEIA Accession of Greece (Contribution to the 1984 budget of the European Pharmacopoeia) (CM(84)140)
Decision The Representatives on the Committee of Ministers of Austria, Belgium, Cyprus, Denmark, France, the Federal Republic of Germany, Iceland, Ireland, Italy, Luxembourg, the Netherlands, Norway, Sweden, Switzerland and the United Kingdom, States Parties to the Convention on the Elaboration of a European Pharmacopoeia, agreed to fix the amount of the contribution of Greece to the budget of the European Pharmacopoeia at FF 55,160 for the period running from 7 September 1984 to the end of the 1984 financial year; this amount will be credited to the 1984 budget in accordance with the provisions of Article 16 of the Financial Regulations.
CONFIDENTIAL - 205 - CM/Del/Concl(84)375 Item 61
61. PREPARATION OF FORTHCOMING MEETINGS
The Representative of Portugal, referring to the decision under item 5 of the 374th meeting (June 1984) whereby the Deputies had set up a working party on balanced development in Europe and having regard to the short time the working party had been allowed to complete the report required of it (late 1984 or early 1985), asked that a further item relating to this matter be included on the agenda for the 376th meeting. In view of the time allowed, might not another date be suggested for the presentation of the report? The budget debate and the preparation of the 75th Session of the Committee of Ministers made for a very heavy workload in the last quarter, and it would therefore be difficult to make a start on the proposed work. Furthermore, would the working party be assisted by the Secretariat? Lastly, in view of the criterion of seniority, should not the chairmanship of the working party devolve on the Permanent Representative of Luxembourg? The Secretary to the Committee said that the Secretariat had prepared a file for members of the working party on the matters referred to in its terms of reference and that it had contacted the members of the working party with a view to finding a universally agreed date for the first meeting, at which the working party could elect a chairman and indicate what Secretariat assistance it needed; the Secretary General could then assign a secretary to the working party. The Chairman said that an item would be included on the agenda for the next meeting if the difficulties referred to by the Representative of Portugal had not been settled by then.
The Representative of the United Kingdom asked that an item be included on the CSCE "Cultural Forum" in anticipation of the preparatory meeting on this question to be held in Budapest in November 1984. CONFIDENTIAL CM/Del/Concl(84)375 - 206 - Item 61
Decisions The Deputies 1. approved the draft agenda for their 376th meeting (October 1984 - A and B levels), as it appears at Appendix II to these Conclusions; 2. decided to put back their 377th meeting to: [8 November (3 pm)/9 November (10 am)]* - 14 November 1984
* Date to be confirmed at the opening of the Deputies' 376th meeting (18 October 1984) (see item 51 above) CONFIDENTIAL - 207 - CM/Del/Concl(84)375 Item 62a
62. OTHER BUSINESS a. Dialogue with the Secretary General
1. First Conference of European Ministers of Research The Secretary General announced that the first Conference of European Ministers of Research had been held in Paris on 17 September 1984. It had been attended by the member States of the Council of Europe, Finland and the Holy See. Sixteen delegations had been led by Ministers or State Secretaries. The Vice-President of the Commission of the European Communities, Viscount Davignon, and high level representatives of all the European organisations dealing with scientific research had also taken part. The Conference had been chaired by Professor Curien, French Minister for Scientific Research. Two Vice-Presidents had been elected, the Austrian Minister, Mr. Fischer, and the Norwegian Minister, Mr. Langslet. The Conference had been preceded on the evening of Sunday 16 September 1984 by an informal meeting at the Quai d'Orsay which had been attended for the French Government by the Prime Minister, Mr. Laurent Fabius, the Minister for European Affairs, Mr. Roland Dumas, and the Minister for Scientific Research, Mr. Hubert Curien. This informal discussion meeting had enabled the Ministers to exchange ideas and proposals freely with those in charge of scientific research organisations. This highly productive exchange of views had provided an opportunity to take stock of scientific co-operation in Europe and its strengths and weaknesses. A broad consensus had rapidly emerged among the Ministers, as a result of which not only had the draft Resolutions prepared by the Senior Officials been unanimously adopted on the following day, but suggestions had been made going beyond those Resolutions and laying firm foundations for a veritable European scientific space. Apart from the two Resolutions on reference centres and the mobility of research workers, many new proposals had emerged CONFIDENTIAL CM/Del/Concl(84)375 - 208 - Item 62a from the discussion. The Secretary General could quote in particular a multinational, pluridisciplinary scientific study on the problem of forest die-back, the extension of the network of reference centres to the moral and social sciences, the study of the ethical problems raised by scientific progress, or the creation of a European Academy of Sciences. The Deputies would be called upon to examine all these proposals, the Ministers having expressed the wish that the Council of Europe should consider them and prepare a report on these matters with a view to convening a second Ministerial Conference. Furthermore, the European Science Foundation had been instructed to report to the Council of Europe within a period of 5 months on proposals for the implementation of reference centre networks. It had also been decided in principle to make an exceptional grant of one million ECU to the European Science Foundation. The Secretary General said that throughout the proceedings, the Ministers had reasserted their concern not to create new structures but to make better use of existing structures and resources. In this connection, the role of the Council of Europe as the broadest geographical platform had been particularly highlighted. The Secretary General had been personally very impressed by the dynamism which had emerged from the gathering. Against all the odds, a Conference of this importance, for which there was no precedent, had been successfully organised in an extremely short space of time. Moreover, the results went beyond what one might reasonably have expected. This would not have been possible without the wholehearted commitment of the French governmental authorities at the highest level of responsibility. The Secretary General wished to ask the Chairman of the Ministers' Deputies, who had attended and taken part in the Conference, to convey to the Prime Minister, the Minister for European Affairs, the Minister for Scientific Research and all those who had contributed to the success of the event the Secretariat's gratitude not only for the outstanding hospitality received but also for the decisive personal contributions they had made to the proceedings. The Deputies would not be surprised to learn that the Conference had received very wide coverage in the media. For example, the three national French television channels had reported regularly on the Conference and its results. This Ministerial Conference, the last which he would attend as Secretary General of the Council of Europe, would remain in his memory as one of the most important, because it had produced concrete proposals very rapidly. It now remained for the Council of Europe, in close co-operation with the European Communities and the European Science Foundation, to take advantage of this dynamism in the cause of advancing scientific Europe, the Europe of practicalities. CONFIDENTIAL - 209 - CM/Del/Concl(84)375 Item 62a
The Chairman thanked the Secretary General for the report and the comments he had made on the Conference and its results, and also for the kind words the Secretary General had expressed which he would not fail to transmit to his authorities. The French Government considered that the first Conference of European Ministers of Research had been very well prepared by the senior officials and the Secretariat. The Representative of Spain said that he had listened with great interest to the report of the Secretary General. The Spanish Minister, who had participated at the Conference, had been pleased to note that the Council of Europe had taken such an initiative at the European level in the field of research. 2. 7th Ministerial Conference of the Pompidou Group The Secretary General said that the Deputy Secretary General, who was attending that same day (19 September 1984) a meeting of the European Committee responsible for European Music Year in Paris, had asked him to report to the Deputies on the 7th Ministerial Conference of the Pompidou Group. This Conference, which had taken place in Paris on 12 and 13 September 1984, was the second of its kind since the Pompidou Group had been attached to the Council of Europe under a Partial Agreement. Two States had participated for the first time: Norway, which had joined the Group in 1982, and Spain, which had been a member since 1 September 1984. The 14 States Parties to the Partial Agreement were represented at the Conference. Nine delegations were headed by members of government, and one of them (Spain) by two Ministers. Mrs. Georgina Dufoix, French Minister for Social Affairs and National Solidarity, had delivered the opening and closing addresses, and the working sessions had been chaired by other persons of ministerial rank. The Conference proceedings had centred round two crucial themes: - the importance of control of drug trafficking as a means of combating drug problems, and - the prevention and treatment of drug addiction. In the Final Declaration, the Ministers had welcomed the fact that the Pompidou Group was operating in the Council of Europe framework and the co-operation that had come about with all the various international organisations and other Council of Europe bodies dealing with drug addiction. The Ministers had defined four priorities for the Group's future work: - the role of the criminal justice system in responding to the problems of drug misusers CONFIDENTIAL CM/Del/Concl(84)375 - 210 - Item 62a
- tracing of financial assets of traffickers and confiscation of the proceeds of their crimes - data collection and evaluation necessary to assist in the formulation of policy - methods of reaching young persons particularly at risk. Finally, the Ministers had invited the British delegation to chair the Group until the next Ministerial Conference. The Secretary General said that a great many journalists and several television teams had followed the Conference, and especially the final press conference. In parallel to the Conference, at the request of FR3 Paris - Ile-de-France - Centre, the Council of Europe television team had made a video film about the activities of the Pompidou Group, which would probably be broadcast by that station in the near future. The Secretary General requested the Chairman of the Deputies to convey his thanks, on behalf of the Deputy Secretary General and the Conference secretariat, to the French government authorities and particularly to Mrs. Dufoix and the Interministerial Office to Combat Drug Abuse, for their kind hospitality and effective assistance in the organisation of the Conference. The Secretary General was particularly grateful to the Chairman of the Deputies for the efforts he had made in the preparation and holding of the Conference; those efforts had no doubt made a major contribution to its great success. The Chairman said that he had attended the 7th Ministerial Conference of the Pompidou Group. He expressed his gratitude to the Secretary General for what he had said, which he would not fail to transmit to his authorities. Furthermore, he expressed the satisfaction of his authorities at seeing Norway and Spain among the members of the Pompidou Group. Finally, he noted with satisfaction that the British delegation would chair the Pompidou Group until the next Ministerial Conference. The Representative of Spain recalled that Spain had attended the Ministerial Conference of the Pompidou Group for the first time; he himself had also attended the Conference and noted that the debates had been most constructive and that the press coverage had been extensive. He was especially pleased at the warm welcome extended to the Spanish delegation. The Representative of the United Kingdom said that it would be an honour for the British delegation to chair the Pompidou Group until the next Ministerial Conference. His Minister had thought that the 7th Conference had been excellent and that this was an area where the Council of Europe could make a concrete contribution to the solution of problems. CONFIDENTIAL - 211 - CM/Del/Concl(84)375 Item 62a
3. Conference on the problems relating to legislation in the field of data protection (Madrid, 11-13 June 1984) The Secretary General said that just before the Deputies' 374th meeting (June 1984), and two weeks after the 14th Conference of European Ministers of Justice, the Spanish Government had hosted a Conference on the problems relating to legislation in the field of data processing. It had taken place in Madrid from 11 to 13 June 1984. The Conference had been convened by the Council of Europe, which had prepared it in conjunction with the Spanish authorities, at the time when the Spanish legislation on data protection was being drafted. Its main purpose had been to facilitate the finalisation of that legislation by enabling amassed experience and knowledge to be compared and pooled between experts from those member States which had already worked out and applied such legislation and experts from the other member States. The Conference had been attended by some 60 participants with expertise in the field of data protection, senior officials from the member States, judges, members of supervisory bodies and observers from non-member States and non-governmental organisations. The Conference, which had aroused great interest in the Spanish press, had been opened by Mr. Javier Moscoso del Prado, Minister to the Presidency of the Government, who had delivered a major speech. The Conference had fully achieved its objectives. The exchange of views on the Spanish Bill had been highly constructive and had afforded an examination in depth of the various problems involved in working out data protection legislation in 1984. Moreover, the participants had reasserted the value in their eyes of an exchange of information on data protection in the framework of the Council of Europe, as recommended by the Committee of Ministers in Recommendation No. R(80)13 of 18 September 1980 on exchange of legal information relating to data protection. The Secretary General wished to stress that meetings such as the one in Madrid, or that which had taken place in Rome from 13 to 15 December 1982 in conjunction with the Lower House of the Italian Parliament, afforded an extremely effective method of exchanging such information, and one which was highly appreciated by the persons responsible for data protection questions in the member States. In conclusion, the Secretary General requested the Spanish Ambassador to convey to the appropriate authorities in his country the Secretariat's gratitude for the generous hospitality accorded to the Conference and for all the efforts that had been made to ensure the Conference's smooth operation and success. The Representative of Spain thanked the Secretary General for the kind words, which he would not fail to transmit to his authorities. CONFIDENTIAL CM/Del/Concl(84)375 - 212 - Item 62a
4. Fourth Colloquy on the use of data processing in the administration of justice (Stockholm, 3-5 September 1984) The Secretary General announced that the fourth Colloquy on the use of Data Processing in the Administration of Justice had taken place in Stockholm from 3-5 September 1984. The Colloquy had been jointly organised by the Directorate of Legal Affairs of the Council of Europe and the Swedish Ministry of Justice, on the specific theme of "Computers in correctional administration and links with criminal justice". More than 70 persons designated by the governments of member States had attended the Colloquy, including prison governors and officers and of prison administrations, representatives of Ministries of Justice and data processing specialists. Finland, the United States and the Council of the European Communities had also been represented by observers. The Colloquy proceedings had centred, first, on the discussion of national reports and, secondly, on demonstrations of various data processing systems in use in crime control and prison administration. The participants had found the detailed exchanges of views, particularly at the international level, between planners and users of computer systems in prisons to be of considerable value. They had accordingly recommended that the Colloquy should be followed up by similar gatherings in the future so that the different approaches could be continously compared and information about new developments productively exchanged. The efforts made by the Swedish Ministry of Justice had contributed greatly to the success of the Colloquy, and the Secretary General wished to ask the Permanent Representative of Sweden to be so good as to convey his very sincere thanks to all the Ministry officials who had been involved in the practical organisation of the event. Following the Colloquy, some 20 participants had travelled to Helsinki at the invitation of the Finnish Ministry of Justice for a two-day study visit focusing on Finnish computer systems in the judicial sector. This visit proved to be of great interest. The Represenative of Sweden thanked the Secretary General for the kind words, which he would transmit to his authorities. He noted with satisfaction that Finland had participated in the Colloquy. 5. Entry into force of the additional Protocol to the Protocol to the European Agreement of 22 June 1960 on the Protection of Television Broadcasts, opened for Signature on 21 March 1983 (European Treaty Series No. 113) The Secretary General said that at the 372nd meeting of the Deputies (14-17 May 1984, item 18), when examining the report of the 7th meeting of the Steering Committee on the Mass Media (CDMM), the Deputies had endorsed the appeal made by the CDMM for the Protocol of 21 March 1983 to come into force by 1 January 1985. CONFIDENTIAL - 213 - CM/Del/Concl(84)375 Item 62a
The entry into force of that instrument was conditional on its ratification or acceptance or approval, before 31 December 1984, by all the parties to the 1960 agreement, of which there were 10. As of now, only five States were parties to the Additional Protocol. Of the five others, three - Cyprus, Spain and Turkey - had announced the intention of the appropriate authorities in their countries, at the third meeting of the Committee of Legal Experts on the Media (MM-JU) - held last week - to approve the Additional Protocol before the end of the year. It was the Secretary General's earnest hope that a similar announcement could be made by the Representatives of Belgium and the Federal Republic of Germany. The reason was that, if this Additional Protocol was not in force by 1 January 1985, those States which were not yet parties to the International Convention on the Protection of Artists, Interpreters or Performers, Phonogram Producers and Broadcasting Organisations signed in Rome on 26 October 1961 (namely Belgium, Cyprus, France, Spain and Turkey) would automatically cease to be parties to the Council of Europe agreement. The value of the Additional Protocol of 1983 lay in the fact that it extended until 1 January 1990, for the States concerned, the date on which being a party to the Council of Europe agreement would be made conditional on being a party to the Rome Convention. 6. Staff appointments Under this item, the Deputies held an informal exchange of views with the Secretary General in application of Article 25(2) of the Regulations on Appointments, during which he made known his intention to appoint Mr. Francis Rosenstiel to the post of Head of External Relations Division (grade A6) in the Directorate of Political Affairs.
CONFIDENTIAL - 215 - CM/Del/Concl(84)375 Item 62b b. Committee of Senior Officials responsible for the preparation of a European Ministerial Conference on Human Rights Report of the 1st meeting (Strasbourg, 28 June 1984) (CM(84)144)
The Representatives of Austria and the United Kingdom expressed their satisfaction with the positive outcome of the Senior Officials' first meeting. They also stressed that to ensure the success of the second meeting, to be held in Vienna from 9-10 October 1984, it was important for all the rapporteurs to distribute a draft version or outline of their reports as soon as possible. The Secretary to the Committee, in reply to questions, said that there were precendents for the Chairman and/or bureau members of the relevant steering committee being invited to attend a Conference of Specialised Ministers. The Representative of Belgium stated that his authorities were in favour of the European Communities being invited to attend the Conference. The Director of Human Rights said that the possibility of such an invitation had been raised at the Senior Officials' first meeting and that the matter would be taken up again at their forthcoming meeting. Decisions The Deputies 1. noted that there was general consent within the Committee of Ministers as to the advisability of inviting the Holy See to attend the Ministerial Conference on Human Rights as an observer; 2. noted that the Assembly would be invited to send a delegation to the Conference and that invitations would also be sent to the Presidents of the Court and Commission of Human Rights and to the Chairman of the Steering Committee for Human Rights (CDDH); 3. authorised the Secretary General to provide secretarial services for the next meeting of the Committee of Senior Officials in Vienna (9 and 10 October 1984); 4. having regard to decisions to 1 to 4 above, took note of the report of the Committee of Senior Officials as a whole (CM(84)144).
CONFIDENTIAL - 217 - CM/Del/Concl(84)375 Item *62c
*c. Standing Conference of Local and Regional Authorities of Europe (CLRAE) Draft agenda for the 19th session (16-18 October 1984) (CM(83)221 and Add.)
Decision The Deputies took note of the changes made to the draft agenda for the 19th session (1984) of the Standing Conference of Local and Regional Authorities of Europe (CLRAE) as set out in the Addendum to CM(83)221.
CONFIDENTIAL - 219 - CM/Del/Concl(84)375 Item 62d d. Holy See - Request for documentation
The Chairman said that the Special Envoy of the Holy See to the Council of Europe had, in a letter dated 26 June 1984, forwarded a request to him for programmes of the Committee of Ministers and the Conclusions of its meetings, specifying that their confidential nature would be respected. He called on delegations to take a stand on this request in the light of the suggestions made by the Secretariat in the Notes on the agenda. The Representative of Greece wondered if there would be a legal opinion on the various implications of this request. The Representative of the United Kingdom noted that the Secretariat had interpreted the Special Envoy's request in the Notes on the agenda by suggesting that in addition to the agendas and decisions of the Ministers' Deputies' meetings, certain extracts from the Conclusions should be made available. Would it be necessary to proceed to a unanimous vote on this matter? He thought a legal opinion on this and other matters would be advisable. Furthermore, making available the Deputies' Conclusions could be regarded as a precedent which might be invoked by other non-member States, for example Finland. The Committee should consider carefully all the implications of this matter before taking a decision. The Representative of Norway was not against the proposed decision but was conscious of the fact that it would constitute a precedent as regards disclosure of the Deputies' Conclusions. The Representative of Switzerland proposed that the agendas and decisions should be made available to the Special Envoy but not the extracts from the Conclusions. The Represenative of Italy saw no reason for asking for a legal opinion on this matter as it involved essentially a political decision. The Representative of Austria stressed the length of time which had elapsed since the Special Envoy's letter had been despatched. He urged his colleagues to take a positive decision immediately. The Representative of Belgium stressed the unique character of the Holy See and that it could not be placed on the same footing as other non-member States. CONFIDENTIAL CM/Del/Concl(84)375 - 220 - Item 62d
The Chairman recalled that when the Holy See had made its request for access to Council of Europe committees of experts as an observer, the unique character of the Holy See had been underlined and that fact had been incorporated in the decision (cf Concl(76)255/V). He called for a vote on the decision below which gave the following result: 15 in favour, 0 against, 4 abstentions (carried). The Representative of Greece said that he had voted in favour of the decision; however, he would have preferred a legal opinion on the matter before the vote. Decision The Deputies, considering that the Holy See's request for Committee of Ministers documentation must be seen in the light of the unique character of the Holy See, instructed the Secretariat to forward to the Special Envoy of the Holy See to the Council of Europe: a. the draft agendas of the Ministers' Deputies' meetings; b. CM documents concerning intergovernmental activities and extracts from the Conclusions of the Ministers' Deputies on items of their agendas concerning these activities (including discussions on Vote II of the budget); c. CM documents concerning Conferences of Specialised Ministers to which the Holy See is invited to participate as well as extracts from the Conclusions of the Ministers' Deputies on items of their agendas concerning these Conferences. CONFIDENTIAL - 221 - CM/Del/Concl(84)375 Item *62e
e. Technical assistance relating to the integrated conservation of the cultural heritage of monuments and sites of the town of Guimaraes (Portugal) (Concl(84)370/33)
The representative of the Secretariat recalled that when considering the report of the 4th plenary session of the Steering Committee for Urban Policies and the Architectural Heritage (CDUP) (CM(84)72) at their 370th meeting (April 1984, item 33), the Deputies had approved the programme of technical assistance adopted by the CDUP concerning inter alia Guimaraes (Portugal). However, they had been informed at the time that the Bureau of the CDUP had not yet at that stage taken a stand with regard to the experts to be given responsibility for providing the technical assistance to that town (CM(84)72, page 20). At its meeting on 21-22 June 1984, the Bureau of the CDUP had designated the following experts responsible for providing the technical assistance to Guimaraes: - Mr. Jacques Houlet (France) - Mr. Michael Welbank (United Kingdom) - Mr. Yap Hong Seng (Netherlands). The Chairman noted agreement on the decision below. The Representative of Portugal welcomed the proposals made by the CDUP-BU and expressed his thanks to his colleagues for their support. Decision The Deputies approved the proposals mentioned above by the Bureau of the Steering Committee for Urban Policies and the Architectural Heritage (CDUP-BU) concerning the experts to be responsible for the technical assistance relating to the integrated conservation of the cultural heritage of monuments and sites of the town of Guimaraes (Portugal).
CONFIDENTIAL - 223 - CM/Del/Concl(84)375 Item *62f
*f. Review as at 1 July 1984 of the daily subsistence allowance rates for staff of the Co-ordinated Organisations travelling on duty 202nd Report of the Co-ordinating Committee of Government Budget Experts (CM(84)185)
Decisions The Deputies 1. approved the 202nd report of the Co-ordinating Committee of Government Budget Experts (CM(84)185, Appendix II), and accordingly 2. approved, with effect from 1 July 1984, the new daily rates of subsistence allowance set out at Appendix XI to these Conclusions.
CONFIDENTIAL - 225 - CM/Del/Concl(84)375 Item 62g g. European Music Year 1985 (CM(84)173)
The Executive Secretary of European Music Year informed the Committee that the Organising Committee had just held its 7th meeting and had approved the 32 multilateral projects for 1985 for which finance would be made available from the Council of Europe and the European Communities Special Budget. These multilateral projects were in addition to the 870 which would be organised by National Organising Committees in their respective countries. Together with events planned by the European Broadcasting Union and those to be organised by the Council of Europe and the Council for Cultural Co-operation (CDCC) this would bring the total number to around one thousand. It was likely that this figure would be increased before the Year got under way. The Secretary said that all States parties to the European Cultural Convention had set up Organising Committees for the Year. Furthermore, Yugoslavia and Japan had also created their own Committees which were working in close co-operation with the European Organising Committee. He was pleased to say that indications had been given of appropriate events being arranged in Canada, the United States of America and possibly Brazil. Five million French Francs were expected to be made available for the financing of the Year by the Council of Europe and the European Communities, but it was expected that the total turnover would amount to 500 million French Francs made up of contributions from national governments, regional authorities, foundations and commercial sponsors. It was fair to say that National Committees had made a tremendous effort in this respect. Now that the practical arrangements had been set in hand the Organising Committee would turn its attention to publicity matters. From October onwards there would be twenty-five press conferences organised before the launching of the Year. In addition to the classical promotional means, there would be many other opportunities provided for giving publicity to the Year, including commemorative stamps, coins, medallions and scholarships. He would give a detailed account of all further arrangements made when the Committee of Ministers was seized of the European Organising Committee's 4th bi-annual report. At this stage he was sure that the considerable publicity which would be generated by the Year would reflect very favourably on the Council of Europe as a whole. CONFIDENTIAL CM/Del/Concl(84)375 - 226 - Item 62g
The Representative of Belgium, in his capacity as the representative of the Committee of Ministers in the European Organising Committee and its Bureau, said that the present arrangements augured well for the success of the Year. He firmly believed that the Council of Europe had played its role to the full in the action it had taken with the Community to promote the Year. He would soon relinquish his post as Permanent Representative to the Council of Europe and therefore the Deputies would have to appoint a successor for the Organising Committee and its Bureau. He was certain that there would be no shortage of candidates for such a satisfying and interesting assignment. Decision The Deputies took note of the the third bi-annual report of the European Organising Committee for European Music Year 1985 (CM(84)173) and agreed to declassify it. CONFIDENTIAL - 227 - CM/Del/Concl(84)375 Item 62h h. Residence allowance of the Secretary General
The Chairman observed that following discussions on this matter, the Deputies had noted that the Secretariat would be continuing its study of the question of the Organisation possibly purchasing a residence for the Secretary Genral, and that they would be informed when an appropriate occasion arose. Decision The Deputies decided to raise the annual residence allowance of the Secretary General with effect from 1 October 1984 from FF 199,750 to FF 280,000; it shall be adjusted on 1 October 1984 every year according to the variation shown by the Official French Construction Index published by the Institut National de la Statistique et des Etudes Economiques.
CONFIDENTIAL - 229 - CM/Del/Concl(84)375 Item 62i i. Membership of the Budget Committee Replacement of a member and an alternate member for the period ending on 31 December 1986 (CM(84)200)
Decision The Deputies, in persuance of Article 29 of the Financial Regulations, appointed the following member and alternate member of the Budget Committee in respect of Norway for the period ending 31 December 1986: - Member: Mr Sven KNUDSEN, replacing Mr R. E. KNOPH
- Alternate member: Ms Anne Kristin LUND LARSEN, replacing Mr S. KNUDSEN
CONFIDENTIAL - a1 - CM/Del/Concl(84)375
APPENDIX I 375th MEETING OF THE MINISTERS' DEPUTIES (A and B levels) (Strasbourg, 17 - 25 September 1984) AGENDA 1. Adoption of the Agenda (Notes No. 5025 of 17.9.84) Political and General Policy Questions 2. North/South - Exchange of views with the participation of experts - (Concl(84)374/2) (Notes No. 5026 of 10.9.84) 3. Role of the Council of Europe in the process of European unification - Report of the Ministers' Deputies' working party (Concl(84)373/3, CM(84)63, 143 and 192 of 6.9.84) (Notes No. 5027 of 27.7.84 and Add. of 7.9.84) 4. The working methods in the Council of Europe - Report of the Ministers' Deputies' working party - (Concl(84)373/2, CM(84)55 and Addendum) (Notes No. 5028 of 12.9.84) 5. Committee of Ministers - Preparation of the 75th Session (CM(84)192 of 6.9.84 and 195 of 11.9.84) (Notes No. 5029 of 11.9.84) 6. Situation in Cyprus - (Concl(84)374/6) (Notes No. 5030 of 27.6.84) 7. Conferences of Specialised Ministers - (Concl(84)374/7, CM(78)62, CM(84)30 rev.) (Notes No. 5031 of 27.6.84) 8. Recommendations of the Committee of Ministers to member States a. Reports by the governments on Recommendations included in the 1981 - 1982 Selection - (CM(84)138 and Add. and Add. II of 24.8.84 and Add. III of 10.9.84, 151 and Add. of 30.8.84 and Add. II of 6.9.84, 152 and Add., 156 and Add. and Add. II of 24.8.84, 157 and Add. of 27.8.84 and Add. II of 14.9.84, 158 and Add. and Add. II of 10.9.84, 160 and Add., 162, 168 and Add. of 29.8.84, 169 and Add. of 17.9.84, 170 of 24.8.84 and Add. of 29.8.84) (Notes No. 5032 of 29.8.84 and Add. of 17.9.84) b. 1983 - 1984 Selection - (CM(84)171) (Notes No. 5033 of 2.8.84) CONFIDENTIAL CM/Del/Concl(84)375 - a2 - Appendix I
9. Consultative Assembly - Standing Committee (Oslo, 25-28 June 1984) - Texts adopted (Notes No. 5034 of 19.7.84) *10. Review of action taken by the Committee of Ministers on Recommendations adopted by the Consultative Assembly (Concl(83)362/12, CM(84)136) (Notes No. 5035 of 10.7.84) Human Rights 11. Nomination of candidates for the election of a judge to the European Court of Human Rights in respect of Cyprus (Notes No. 5036 of 22.8.84) 12. Election of a member of the European Commission of Human Rights in respect of Cyprus (Notes No. 5037 of 22.8.84) 13. Dores and Silveira against Portugal - Decision to be taken under Article 32 of the European Convention on Human Rights (Concl(84)374/13, Letter HD/C84 of 9.11.83) (Notes No. 5038 of 26.7.84) 14. C., Medway and Ball against the United Kingdom - Decision to be taken under Article 32 of the European Convention on Human Rights - (Concl(84)372/16, letter HD/C87 of 15.11.83) (Notes No. 5039 of 6.9.84) 15. Zamir against the United Kingdom - Decision to be taken under Article 32 of the European Convention on Human Rights - (Concl(84)372/14, letter HD/C13 of 6.2.84) (Notes No. 4950 of 7.5.84) 16. T. against the United Kingdom - Decision to be taken under Article 32 of the European Convention on Human Rights - (Concl(84)372/15, letter HD/C14 of 7.2.84) (Notes No. 4951 of 7.5.84) 17. Bramelid and Malmström against Sweden - Decision to be taken under Article 32 of the European Convention on Human Rights (Concl(84)374/15, Letter HD/C23 of 9.3.84) (Notes No. 5040 of 26.7.84) 18. Judgments of the European Court of Human Rights in the case of Eckle - Application of Article 54 of the European Convention on Human Rights - (Concl(84)372/13, Letters HD/C60 of 27.7.82 and HD/C43 of 30.6.83) (Notes No. 5041 of 18.7.84)
* B level CONFIDENTIAL - a3 - CM/Del/Concl(84)375 Appendix I 19. Judgments of the European Court of Human Rights in the case of Silver and others - Application of Article 54 of the European Convention on Human Rights - (Concl(84)374/10, Letters HD/C24 of 8.4.83 and HD/C89 of 16.11.83) (Notes No. 5042 of 17.8.84) 20. Judgments of the European Court of Human Rights in the case of de Jong, Baljet and van den Brink - Application of Article 54 of the European Convention on Human Rights - (Letter HD/C46 of 21.6.84) (Notes No. 5043 of 9.7.84) 21. Judgments of the European Court of Human Rights in the case of van der Sluijs, Zuiderveld and Klappe - Application of Article 54 of the European Convention on Human Rights. - (Letter HD/C47 of 21.6.84) (Notes No. 5044 of 9.7.84) 22. Judgments of the European Court of Human Rights in the case of Duinhof and Duijf - Application of Article 54 of the European Convention on Human Rights - (Letter HD/C48 of 21.6.84) (Notes No. 5045 of 9.7.84) 23. Draft Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Extension of the List of Civil and Political Rights set forth in the Convention - (Concl(84)374/18, CM(84)137 and 190 of 21.8.84) (Notes No. 5046 of 19.7.84 and Add. of 7.9.84) 24. Ad hoc Committee of Experts to exchange views on the draft Convention against Torture (CAHTT) (Strasbourg, 21-22 May 1984) - (CM(84)124) (Notes No 5023 of 27.6.84) 25. Ad hoc Committee of Experts to exchange views on the draft Convention on the Rights of the Child (CAHDE) - (Concl(84)374/49b) (Notes No. 5047 of 12.7.84) 26. Development co-operation and human rights - Assembly Recommendation 962 - (Concl(84)374/26, Appendix III to CM(84)102 and 159) (Notes No. 5048 of 20.8.84) Legal Questions 27. 14th Conference of European Ministers of Justice (Madrid 29-31 May 1984) - Follow-up - (CM(84)145) (Notes No. 5049 of 9.8.84) 28. Ad hoc Committee of Experts on Ethical and Legal Problems relating to Human Genetics (CAHGE) - Report of the 2nd meeting (Strasbourg, 12-15 June 1984) - (Concl(83)367/20, CM(84)139) (Notes No. 5050 of 1.8.84) CONFIDENTIAL CM/Del/Concl(84)375 - a4 - Appendix I 29. Draft Recommendation of the Committee of Ministers on equality between women and men in the media - (Concl(84)372/20, CM(84)165) (Notes No. 5051 of 30.7.84) 30. Draft Recommendation of the Committee of Ministers on the struggle against racial discrimination, hatred and violence (Concl(84)374/17, Addendum IV and Corr. to CM(82)236 and Appendix IV to CM(84)102) (Notes No. 5052 of 14.8.84) 31. Defence of democracy against terrorism in Europe - Assembly Recommendation 982 - (Concl(84)372/4a, CM(84)184 of ...) (Notes No. 5053 of 22.8.84) *32.(1) European Committee on Legal Co-operation (CDCJ) - Report of the 41st meeting (Strasbourg, 25-29 June 1984) - (CM(84)155 and Add. I-III) (Notes No. 5054 of 7.8.84) *33. Ad hoc Committee of Experts for Identity Documents and Movement of Persons (CAHID) - Report of the 18th meeting (Strasbourg, 3-6 July 1984) - (CM(84)166) (Notes No. 5055 of 1.8.84) *34. Dangers of over-population of domestic animals for the health and hygiene of man, and humane methods of limiting such dangers - Assembly Recommendation 860 - (Concl(80)320/V, Concl(84)367/16) (Notes No. 5056 rev. of 31.7.84) *35. Acquisition by refugees of the nationality of the receiving country - Assembly Recommendation 984 - (Concl(84)372/4a, CM(84)179) (Notes No. 5057 of 8.8.84) *36. Procedures for verifying applications for asylum - Written Question No. 275 by Mr Büchner - (Concl(84)374/22, CM(84)113 and Add.) (Notes No. 5058 of 1.8.84) *37. United Nations Convention on the Law of the Sea - Assembly Recommendation 983 - (Concl(84)372/4a, CM(84)167) (Notes No. 5059 of 10.8.84)
* B level (1) Including - draft Recommendation No. R(84)... relating to public liability - draft Recommendation No. R(84)... on legal protection against sex discrimination. CONFIDENTIAL - a5 - CM/Del/Concl(84)375 Appendix I Economic and Social Questions 38. Committee of Senior Officials responsible for the preparation of the 3rd Conference of European Ministers of Labour - Report of the 1st meeting (Strasbourg, 16-18 May 1984) (CM(84)131) (Notes No. 5060 of 10.7.84) 39. Committee of Senior Officials responsible for the preparation of the 2nd Conference of European Ministers of Health (Strasbourg, 19-20 June 1984) - (CM(84)149) (Notes No. 5061 of 10.7.84) *40.(2) European Health Committee (CDSP) - Report of the 15th meeting (Strasbourg, 18-20 June 1984) - (CM(84)161 and Add. 1 and 2 and CM(84)180 of 22.8.84 and Corr. of 24.8.84) (Notes No. 5062 of 17.8.84) *41.(3) Committee on the Rehabilitation and Resettlement of the Disabled (Partial Agreement) (CD-P-RR) - Report of the 7th Session (Strasbourg, 15-17 May 1984) - (CM(84)133) (Notes No 5021 of 27.6.84) *42. Steering Committee on Population (CDDE) - Report of the 4th meeting (Strasbourg, 5-8 June 1984) - (CM(84)154 and Add.) (Notes No. 5063 of 17.8.84) *43. Steering Committee on Intra-European Migration (CDMG) - Report of the 10th meeting (Strasbourg, 15-18 May 1984) (CM(84)153 and Add.) (Notes No. 5064 of 20.8.84) 44. Employment in Europe - Assembly Recommendation 981 (Concl(84)372/4a, CM(84)134) (Notes No. 5024 of 26.7.84) *45. Council of Europe Resettlement Fund - Report of the Governor for the financial year 1983 - (CM(84)132) (Notes No. 5065 of 30.7.84)
* B level (2) Including draft Recommendation No R(84)... on the prevention of hospital infections. (3) Including draft Resolution AP(84)... on a coherent policy for the rehabilitation of disabled people. CONFIDENTIAL CM/Del/Concl(84)375 - a6 - Appendix I
Education, Culture and Sport 46. 4th Conference of European Ministers responsible for Cultural Affairs (Berlin, May 1984) - (CM(84)128 and Corr. of 6.9.84 and 129) (Notes No. 5066 of 6.8.84) 47.(4) Council for Cultural Co-operation (CDCC) - Report of the 46th Session (Strasbourg, 12-15 June 1984) - (CM(84)164 and 182) (Notes No. 5067 of 23.8.84) 48. Comparative study of cultural policies - (Concl(84)370/27, CM(84)141) (Notes No. 5068 of 16.7.84) 49.(5) 4th Conference of European Ministers responsible for Sport (Malta, 15-16 May 1984) - (Concl(84)374/49a, CM(84)142, 146 and Add.) (Notes No. 5069 of 17.7.84) *50. Cultural relations between Europe and Japan - Assembly Recommendation 954 - (Concl(83)356/9, CM(83)14, CM(84)148) (Notes No. 5070 of 19.7.84) Environment and Local Authorities 51. Draft European Convention for the Protection of International Watercourses against Pollution - (Concl(83)367/30, CM(81)72, 83 Add. II, CM(82)106, CM(84)27, 28, 68, 187 and Add. of 5.9.84) (Notes No. 5071 of 22.8.84 and Add. of 6.9.84) 52. Toxic Waste - (Concl(84)368/20, CM(84)20 and 186) (Notes No. 5072 of 20.8.84) 53. Air pollution and acid rain - Assembly Recommendation 977 (Concl(84)374/35, CM(84)123 and 174) (Notes No. 5073 of 8.8.84)
* B level (4) Including draft Recommendation No R(84)... on the training of teachers in education for intercultural understanding, notably in a context of migration (5) Including draft Recommendation No R(84)... on the European Anti-doping Charter in Sport CONFIDENTIAL - a7 - CM/Del/Concl(84)375 Appendix I 54. Standing Conference of Local and Regional Authorities of Europe (CLRAE) - Interpretation of Article 2(a) of the Charter of the CLRAE (CM(84)150) (Notes No. 5074 of 18.7.84) *55.(6) Steering Committee for Regional Planning (CDAT) - Report of the 4th meeting (Strasbourg, 2-4 April 1984) - (Concl(84)374/38, CM(84)110 and Add.) (Notes No. 5084 of 23.7.84) *56. Exhibition on contemporary architecture - Assembly Recommendation 975 and Resolution 813 - (Concl(84)368/21, CM(84)172) (Notes No. 5076 of 1.8.84) Press and Information 57. Europe Days - (Concl(84)360/30) (Notes No. 5077 of 2.8.84) Administrative Questions 58. Appeals Board - Appointment of members - (CM(84)127 and 183) (Notes no. 5078 of 14.8.84) 59. Board of auditors - Appointment of a member - (CM(84)67) (Notes No. 5079 of 6.7.84) *60. Convention on the Elaboration of a European Pharmacopoeia - Accession of Greece (contribution to the 1984 budget of the European Pharmacopoeia) - (CM(84)140) (Notes No. 5080 of 30.7.84) 61. Preparation of forthcoming meetings (Notes No. 5081 of 25.9.84) 62. Other Business a. Dialogue with the Secretary General b. Committee of Senior Officials responsible for the preparation of a European Ministerial Conference on Human Rights - Report of the 1st meeting (Strasbourg, 28 June 1984) - (CM(84)144) (Notes No. 5075 of 18.7.84) *c. Standing Conference of Local and Regional Authorities of Europe (CLRAE) - Draft agenda of the 19th Session (16-18 October 1984) - (CM(83)221 and Add.) (Notes No. 5083 of 11.7.84)
* B level (6) Including draft Recommendation No R(84)... on balanced regional development. CONFIDENTIAL CM/Del/Concl(84)375 - a8 - Appendix I
d. Holy See - Request for documentation (Notes No. 5082 of 19.7.84) *e. Technical assistance relating to the integrated conservation of the cultural heritage of monuments and sites of the town of Guimaraes (Portugal) (Concl(84)370/33) (Notes No. 5087 of 3.9.84) *f. Review as at 1 July 1984 of the daily subsistance allowance rates for staff of the Co-ordinated Organisations travelling on duty - 202nd report of the Co-ordinating Committee of Government Budget Experts (CM(84)185) (Notes No. 5085 of 13.8.84) g. European Music Year 1985 - (CM(84)173) (Notes No. 5086 of 16.8.84) h. Residence allowance of the Secretary General (CM(84)197) i. Membership of the Budget Committee - Replacement of a member and an alternate member for the period ending on 31 December 1986 - (CM(84)200) (Notes No. 5094 of 25.9.84)
* B level CONFIDENTIAL - a9 - CM/Del/Concl(84)375 APPENDIX II 376th MEETING OF THE MINISTERS' DEPUTIES (Strasbourg, 18(3.00 pm) - 23 October 1984 - A level 24(3.00 pm) - 26 October 1984 - B level) DRAFT AGENDA 1. Adoption of the Agenda (Notes No. 5096 of ...) Political and General Policy Questions 2. Exchange of views with the President of the Assembly (Notes No. 5098 of ...) 3. Consultative Assembly - 2nd part of the 36th ordinary session (Strasbourg, 26 September to 4 October 1984) a. Texts adopted (Notes No. 5099 of ...) b. Parliamentary questions for oral reply by the Chairman of the Committee of Ministers (Notes No. 5100 of ...) 4. Role of the Council of Europe in the process of European unification - Report of the Ministers' Deputies' working party - (Concl(84)375/3, CM(84)63, 143, 192 and ... of ...) (Notes No. 5101 of ...) 5. Working methods of the Council of Europe - Report of the Ministers' Deputies' working party - (Concl(84)375/4, CM(84)55 and Addendum and ... of ...) (Notes No. 5102 of ...) 6. Committee of Ministers - Preparation of the 75th Session (Concl(84)375/5, CM(84)192 and 195) (Notes No. 5104 of ...) 7. CSCE "Cultural Forum" (Notes No. 5105 of ...) 8. Draft intergovernmental programme of activities for 1985 (CM(84)176 Add.) (Notes No. 5106 of ...)
NB. In accordance with the deadline rules for the despatch of reference documents and Notes on the Agenda, the date limits are 20 September 1984 for documents and 28 September 1984 (A level) and 5 October 1984 (B level) for Notes on the agenda CONFIDENTIAL CM/Del/Concl(84)375 - a10 - Appendix II
9. Situation in Cyprus - (Concl(84)375/6) (Notes No. 5107 of ...) 10. Conferences of Specialised Ministers - (Concl(84)375/7, CM(78)62, CM(84)30 rev.) (Notes No. 5097 of 27.9.84) 11. European Yearbook - Membership of the Editorial Committee (CM(84)198 of 28.9.84) (Notes No. 5108 of ...) Human Rights 12. Cyprus against Turkey - Decision to be taken under Article 32 of the European Convention on Human Rights - (Concl(84)374/14, Letter HD/C12 of 1.2.84 and CM(84)135) (Notes No. 5109 of ...) 13. Zamir against the United Kingdom - Decision to be taken under Article 32 of the European Convention on Human Rights (Concl(84)375/15, Letter HD/C13 of 6.2.84) (Notes No. 5110 of ...) 14. Bramelid and Malmström against Sweden - Decision to be taken under Article 32 of the European Convention on Human Rights (Concl(84)375/17, Letter HD/C23 of 9.3.84) (Notes No. 5111 of ...) 15. Biondo against Italy - Decision to be taken under Article 32 of the European Convention on Human Rights - (Letter HD/C34 of 18.4.84) (Notes No. 5090 of 21.9.84) 16. Neubeck against the Federal Republic of Germany (Application No. 9132/80) - Decision to be taken under Article 32 of the European Convention on Human Rights - (Letter HD/C39 of 17.5.84) (Notes No. 5091 of 27.9.84) 17. Judgment of the European Court of Human Rights in the Marckx case - Application of Article 54 of the European Convention on Human Rights - (Concl(83)370/10, Letter HD/C26 of 15.6.79) (Notes No. 5095 of 26.9.84) 18. Judgments of the European Court of Human Rights in the case of Eckle - Application of Article 54 of the European Convention on Human Rights - (Concl(84)375/18, Letters HD/C60 of 27.7.82 and HD/C43 of 30.6.83) (Notes No. 5112 of ...) CONFIDENTIAL - all - CM/Del/Concl(84)375 Appendix II 19. Judgment of the European Court of Human Rights in the case of Campbell and Fell - Application of Article 54 of the European Convention on Human Rights - (Letter HD/C54 of 5.7.84) (Notes No. 5093 of 21.9.84) 20. Judgment of the European Court of Human Rights in the case of Guincho - Application of Article 54 of the European Convention on Human Rights - (Letter HD/C60 of 9.8.84) (Notes No. 5089 of 27.9.84) 21. International Institute of Human Rights - Assembly Recommendation 986 - (Concl(84)375/9) (Notes No. 5088 of 27.9.84) Legal Questions 22. Proposal for the holding of a ministerial conference on equality between women and men - (Concl(84)374/19, CM(84)89) (Notes No. 5103 of 28.9.84) 23. Draft European Convention for the protection of vertebrate animals used for experimental or other scientific purposes (Notes No. 5113 of ...) *24. Draft Convention on offences relating to cultural property (Concl(84)374/20, Appendix A of Addendum II to CM(84)107, CM(84)191 and Add. of ...) (Notes No. 5114 of ...) Economic and Social Questions 25. European Code of Social Security and Protocol thereto - Letter from the Delegation of Switzerland - (CM(84)194) (Notes No. 5115 of ...) 26. Employment in Europe - Assembly Recommendation 981 (Concl(84)375/44, CM(84)134) (Notes No. 5117 of ...) *27. Xenophobic attitudes and movements in the member countries towards migrant workers - Assembly Recommendation 968 (Concl(84)375/43, CM(84)153, Appendix V) (Notes No. 5119 of ...) *28. The supply and utilisation of human blood and blood products - Assembly Recommendation 985 - (Concl(84)375/9, CM(84)199 of 27.9.84) (Notes No. 5120 of ...) *29. Draft Recommendation No. R(84)... on the prevention of hospital infections - (Concl(84)375/40) (Notes No. 5121 of ...) *30. Public Health Committee (Partial Agreement) (CD-P-SP) (meeting for the purposes of the Convention on the Elaboration of a European Pharmacopoeia) - Report of the 21st session (Strasbourg, Wednesday 20 June 1984) - (CM(84)188) (Notes No. 5122 of ...) * B level CONFIDENTIAL CM/Del/Concl(84)375 - a12 - Appendix II
Education, Culture and Sport 31. Ministerial Conference on Research (Paris, 17 September 1984) (Concl(84)374/30, CM(84)31 and Corr., CM(84)118) (Notes No. 5123 of ...) 32. Ad hoc Committee of Experts on Earthquake Research (CAHRT) - Report of the 4th meeting (Strasbourg, 19-20 December 1983) (Concl(84)374/31, CM(84)54 and Add., CM(84)118) (Notes No. 5124 of ...) Environment and Local Authorities 33. European Conference of Ministers responsible for the conservation of the architectural heritage - (Concl(83)362/45) (Notes No. 5092 of 26.9.84) 34. European Campaign for the Countryside - (Concl(83)361/43, 362/46, 363/26, 365/22 1st Part and Appendix XXV, (84)372/20, CM(84)... of ...) (Notes No. 5125 of ...) *35. Draft Recommendation on balanced regional development (Concl(84)375/55, Appendix IV to CM(84)110) (Notes No. 5116 of 28.9.84) *36. European pilgrim routes - Assembly Recommendation 987 (Concl(84)375/9) (Notes No. 5126 of ...) Youth 37. European Youth Centre - Annual Report of the Governing Board (1983) - (CM(84)189) (Notes No. 5118 of 28.9.84) 38. European Youth Centre - Draft preliminary programme and estimates of expenditure for 1985 - (CM(84)181) (Notes No. 5127 of ...) Administrative Questions 39. Budgets of the Council of Europe - General accounts for the financial year 1983 and report of the Board of Auditors - (CM(84)38, 42 and 43) a. Accounts of the general budget (ordinary budget and subsidiary budget for the European Youth Centre, extraordinary budget and pensions budget) b. Accounts of the Partial Agreement in the social and public health fields c. Accounts of the European Pharmacopoeia
* B level CONFIDENTIAL - a13 - CM/Del/Concl(84)375 Appendix II
d. Accounts of the Partial Agreement on the Resettlement Fund e. Accounts of the Partial Agreement Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group) (Notes No. 5128 of ...) 40. Accounts of the Cultural Fund for the financial year 1983 (CM(84)39 and 42) (Notes No. 5129 of ...) 41. Accounts of the Sports Fund for the financial year 1983 (CM(84)40 and 42) (Notes No. 5130 of ...) 42. Adjustment of scales for contributions by member States to the budgets of the Council of Europe - (CM(84)90 and Add. and Add. II) (Notes No. 5131 of ...) 43. Convention relating to stops on bearer securities in international circulation - Accounts for the financial year 1983 and estimated 1985 running costs of the Office National des Valeurs Mobilières in Brussels in its capacity as Central Office - (CM(84)41 and 178) (Notes No. 5132 of ...) 44. Partial Agreement Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group) - Accession of Spain - (CM(84)196) (Notes No. 5133 of ...) 45. Evolution of salaries in the Co-ordinated Organisations - 203rd report of the Co-ordinating Committee of Government Budget Experts (Notes No. 5134 of ...) 46. Preparation of forthcoming meetings (Notes No. 5135 of ...) 47. Other business a. Dialogue with the Secretary General [b. Relations with the European Parliament - Use of the Palais de l'Europe (1)]
(1) Sub-item added to the draft agenda subsequent to the close of the 375th meeting. * B level
CONFIDENTIAL - a15 - CM/Del/Concl(84)375
APPENDIX III (item 28)
RECOMMENDATION NO. R(84)16 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES CONCERNING NOTIFICATION OF WORK INVOLVING RECOMBINANT DEOXYRIBONUCLEIC ACID (DNA) (adopted by the Committee of Ministers on 25 September 1984 at the 375th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 15(b) of the Statute of the Council of Europe, Considering that the aim of the Council of Europe is to achieve a greater unity between its members by common action in economic, social, cultural, scientific, legal and administrative matters, in particular through harmonisation of laws on matters of common interest; Having regard to the Consultative Assembly Recommendation 934 (1982) on Genetic Engineering; Considering and rejoicing at the great progress realised in recent years as to the safety in recombinant DNA work; Being informed that not all member States possess legislation or regulations concerning safety in DNA work; Considering that the European Communities Council Recommendation of 30 June 1982 (82/472/EEC) concerning the registration of work involving recombinant deoxyribonucleic acid, which is applicable only to the ten member States of the European Communities, is a good basis for the harmonisation of the rules on notification and registration of recombinant DNA work; Convinced that this result should be extended to all the member States of the Council of Europe, CONFIDENTIAL CM/Del/Concl(84)375 - a16 - Appendix III
RECOMMENDS that the governments of the member States, if they have not yet done so: a. adopt, by the means they consider appropriate, a system of notification in accordance with the principles contained in the Appendix to the present Recommendation; b. provide, in order to safeguard scientific and industrial secrecy and to protect intellectual property, that each notification, its contents and accompanying documents shall be kept confidential unless the notifying laboratory agrees otherwise. Appendix
The following principles apply to work involving recombinant DNA which may present a biohazard of a category which will be determined by each State. The use of recombinant DNA techniques for transfer into human subjects shall be dealt with by specific provisions. I
Any laboratory wishing to undertake, in the territory of a member State, work involving recombinant DNA notifies the competent national or regional authority. II
Such notification is given, for each of the research projects envisaged, before the date on which it is begun or, where the competent authorities so decide and in the case of work falling within a category of very low risk potential, if possible within six months and not later than 12 months after the date on which the project is begun. III
Such nofication is accompanied, for each of the projects which is subject to prior notification, by the following documents: the portion of the experimental protocol which is required for the evaluation of safety at the site where the proposed activities are to be carried out, CONFIDENTIAL - a17 - CM/Del/Concl(84)375 Appendix III
- a list of the protective and supervisory measures to be applied throughout the duration of the experimental work, - a description of the general education in recombinant DNA research and of the training received by the members of the team which will participate in the proposed activities or will be responsible for supervision, monitoring or safety. IV
Each notification and the accompanying documents are classified and stored by the national authorities or regional authorities for safety and health protection to which they have been submitted. V
Each notification and its accompanying documents may be consulted by national experts authorised to that effect by the national authorities. VI
Work involving recombinant DNA is defined as the formation of new combinations of genetic material by the insertion of nucleic acid molecules produced by whatever means outside the cell, into any virus, bacterial plasmid or other vector system so as to allow their incorporation into a host organism in which they do not naturally occur but in which they are capable of continued propagation.
CONFIDENTIAL - a19 - CM/Del/Concl(84)375 APPENDIX IV (item 29) RECOMMENDATION NO. R(84)17 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES ON EQUALITY BETWEEN WOMEN AND MEN IN THE MEDIA (adopted by the Committee of Ministers on 25 September 1984 at the 375th meeting of the Ministers' Deptuies) The Committee of Ministers, under the terms of Article 15(b) of the Statute of the Council of Europe, Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage; Noting that these ideals and principles include equality between women and men; Being aware that, as emphasised in the United Nations Convention on the elimination of all forms of discrimination against women, the promotion of equality between women and men necessarily presupposes a change in "the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women" (Article 5); Recognising that the media play an important part in forming social attitudes and values and offer immense potential as instruments of social change; Referring to the work and the results of the seminar on "the Contribution of the Media to the Promotion of Equality between Women and Men" organised by the Council of Europe in Strasbourg from 21 to 23 June 1983; Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms; Recalling its commitment to the principles of freedom of expression and the free flow of information as embodied, inter alia, in its Declaration of 29 April 1982, which enable men and women to understand political, social, economic and cultural questions better and discuss them more freely; CONFIDENTIAL CM/Del/Concl(84)375 - a20 - Appendix IV
Emphasising the principle prevailing in member States whereby media organisations are self-governing and independent of governments as regards particularly the content of programmes; Recalling its Recommendation No. R(81)17 on adult education policy and Recommendation No. R(84)3 on the principles on television advertising, Recommends that the governments of member States contribute to the promotion of equality between women and men in the electronic and printed media by taking appropriate steps with a view to implementing the following measures: 1. providing those responsible for the media with documentation and information on measures and/or inititatives taken by national authorities and, if possible, by any intergovernmental organisations to promote equality between women and men; 2. stimulating and, as far as possible, co-ordinating national research on public preferences and satisfaction in the matter of news and non-fiction programmes, with a breakdown according to sex, age, educational level etc.; 3. stimulating evaluation by national research of the impact and influence of entertainment programmes where sex stereotyping and prejudices are concerned; 4. encouraging research on the selection, perception and understanding of messages, and on the appropriate use of affective and rational forms of language; 5. promoting the development, possibly in co-operation with organisations such as the European Broadcasting Union (EBU), of adult education programmes to be broadcast through the media, particularly for sections of the population that are isolated from the major currents of public life, for example women in rural areas and women migrants; programmes for these two and other target groups could be seen as part of the objectives of the "European Declaration on cultural Objectives" (1); 6. encouraging adoption by the media organisations of positive action programmes to improve the situation of women, particularly at decision-making levels and in technical services; 7. developing channels of education and training facilities for women in the new media technology;
(1) Adopted at the 4th conference of European Ministers responsible for Cultural Affairs (Berlin, 23-25 May 1984) CONFIDENTIAL - a21 - CM/Del/Concl(84)375 Appendix IV
8. ensuring application of the principle of equal treatment between women and men as a result of rules laid down for the recruitment, training, remuneration, promotion and any other conditions of employment of persons employed in the media; 9. encouraging the presence of women in an equitable proportion in media supervisory and management bodies; 10. encouraging wider participation by women in talks and discussions broadcast by the media; 11. ensuring that in publicity campaigns sponsored in the media by the public authorities, the dignity of women is safeguarded and a positive image of them is projected and also that the factual reality of relationships between women and men based on partnership is reflected without any sexual stereotyping, and that any exploitation of the bodies of women and men to draw attention to goods or services is barred; 12. encouraging awareness in the media and among the general public of the problems of equality between women and men in the media, in particular by the nationwide organisation of meetings and seminars on this question.
CONFIDENTIAL
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APPENDIX V (item *32)
RECOMMENDATION NO R(84)15 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES RELATING TO PUBLIC LIABILITY (1) (adopted by the Committee of Ministers on 18 September 1984 at the 375th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 15(b) of the Statute of the Council of Europe, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Considering that public authorities intervene in an increasing number of fields, that their activities may affect the rights, liberties and interests of persons and may, sometimes, cause damage; Considering that since public authorities are serving the community, the latter should ensure reparation for such damage when it would be inappropriate for the persons concerned to bear it; Recalling the general principles governing the protection of the individual in relation to the acts of administrative authorities as set out in Resolution (77)31 and the principles concerning the exercise of discretionary powers by administrative authorities set out in Recommendation No R(80)2; Considering that it is desirable to protect persons in the field of public liability, RECOMMENDS the governments of member States: (a) to be guided in their law and practice by the principles annexed to this Recommendation; (b) to examine the advisability of setting up in their internal order, where necessary, appropriate machinery for preventing obligations of public authorities in the field of public liability from being unsatisfied through lack of funds.
(1) When this Recommendation was adopted, and in application of Article 10.2.c of the Rules of Procedure for the meetings of the Ministers' Deputies, the Representative of Sweden reserved the right of his government to comply with it or not and the Representatives of Denmark and Norway reserved the right of their governments to comply or not with Principle II thereof. CONFIDENTIAL CM/Del/Concl(84)375 - a24 - Appendix V
Appendix to Recommendation No R(84)15
SCOPE AND DEFINITIONS
1. This Recommendation applies to public liability, that is to say the obligation of public authorities to make good the damage caused by their acts, either by compensation or by any other appropriate means (hereinafter referred to as "reparation"). 2. The term "public authority" means: a. any entity of public law of any kind or at any level (including State; region; province; municipality; independent public entity); and b. any private person, when exercising prerogatives of official authority. 3. The term "act" means any action or omission which is of such a nature as to affect directly the rights, liberties or interests of persons. 4. The acts covered by this Recommendation are the following: a. normative acts in the exercise of regulatory authority; b. administrative acts which are not regulatory; c. physical acts. 5. Amongst the acts covered by paragraph 4 are included those acts carried out in the administration of justice which are not performed in the exercise of a judicial function. 6. The term "victim" means the injured person or any other person entitled to claim reparation. CONFIDENTIAL - a25 - CM/Del/Concl(84)375 Appendix V PRINCIPLES I. Reparation should be ensured for damage caused by an act due to a failure of a public authority to conduct itself in a way which can reasonably be expected from it in law in relation to the injured person. Such a failure is presumed in case of transgression of an established legal rule. II. 1. Even if the conditions stated in Principle I are not met, reparation should be ensured if it would be manifestly unjust to allow the injured person alone to bear the damage, having regard to the following circumstances: the act is in the general interest, only one person or a limited number of persons have suffered the damage and the act was exceptional or the damage was an exceptional result of the act. 2. The application of this principle may be limited to certain categories of acts only. III. If the victim has, by his own fault or by his failure to use legal remedies, contributed to the damage, the reparation of the damage may be reduced accordingly or disallowed. The same should apply if a person, for whom the victim is responsible under national law, has contributed to the damage. IV. The right to bring an action against a public authority should not be subject to the obligation to act first against its agent. If there is an administrative conciliation system prior to judicial proceedings, recourse to such system should not jeopardise access to judicial proceedings. V. Reparation under Principle I should be made in full, it being understood that the determination of the heads of damage, of the nature and of the form of reparation falls within the competence of national law. Reparation under Principle II may be made only in part, on the basis of equitable principles. VI. Decisions granting reparation should be implemented as quickly as possible. This should be ensured by appropriate budgetary or other measures. If, under domestic law, a system for a special implementation procedure is provided for, it should be easily accessible and expeditious. CONFIDENTIAL CM/Del/Concl(84)375 - a26 - Appendix V
VII. Rules concerning time limits relating to public liability actions and their starting points should not jeopardise the effective exercise of the right of action. VIII. The nationality of the victim should not give rise to any discrimination in the field of public liability. FINAL PROVISIONS This Recommendation should not be interpreted as: (a) limiting the possibility for a member State to apply the principles above to categories of acts other than those covered by the Recommendation or to adopt provisions granting a wider measure or protection to victims; (b) affecting any special system of liability laid down by international treaties; (c) affecting special national systems of liability in the fields of postal and telecommunications services and of transporation as well as special systems of liability which are internal to the armed forces, provided that adequate reparation is granted to victims having regard to all the circumstances; (d) affecting special national systems of liability which apply equally to public authorities and private persons. A375D41.APP (50,10) CONFIDENTIAL - a27 - CM/Del/Concl(84)375 APPENDIX VI (item *41)
RESOLUTION AP (84) 3 ON A COHERENT POLICY FOR THE REHABILITATION OF DISABLED PEOPLE (adopted by the Committee of Ministers on 17 September 1984 at the 375th meeting of the Ministers' Deputies)
The Representatives on the Committee of Ministers of Belgium, France, the Federal Republic of Germany, Italy, Luxembourg, the Netherlands, the United Kingdom of Great Britain and Northern Ireland, these States being parties to the Partial Agreement in the social and public health field, and the Representatives of Austria, Norway, Switzerland, Spain and Portugal, these States having participated in the activities of the Committtee on the Rehabilitation and Resettlement of the Disabled of the above-mentioned Partial Agreement since 11 September 1962, 6 June 1974, 1 January 1975, 15 March 1979 and 2 October 1981 respectively, Considering that under the terms of its Statute, the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress; Having regard to the provisions of the Brussels Treaty, signed on 17 March 1948, by virtue of which Belgium, France, Luxembourg, the Netherlands and the United Kingdom of Great Britain and Northern Ireland declared themselves resolved to strengthen the social ties by which they were already united; Having regard to the Protocol modifying and completing the Brussels Treaty, signed on 23 October 1954 by the signatory States of the Brussels Treaty, on the one hand, and the Federal Republic of Germany and Italy, on the other hand; Observing that the seven States parties to the Partial Agreement, which have resumed, within the Council of Europe, the social work hitherto undertaken by the Brussels Treaty Organisation and then by the Western European Union (which derived from the Brussels Treaty as modified by the Protocol mentioned in the fourth paragraph above) as well as Austria, Norway, Switzerland, Spain and Portugal which participate in the activities of the Committee on the Rehabilitation and Resettlement of the Disabled, have always endeavoured to be in the forefront of progress in social matters and also in the field of public health and have for many years undertaken action towards harmonisation of their legislation; Considering that in the States parties to the Partial Agreement as well as in Austria, Norway, Portugal, Spain and Switzerland, legislative authorities and public and private enterprise have agreed to intensify their efforts to achieve the social integration of disabled people; Considering that more than 500 million people in the world are disabled as a consequence of physical, mental or sensory impairment; CONFIDENTIAL CM/Del/Concl(84)375 - a28 - Appendix VI
Recognising that the rehabilitation of disabled people as a means of securing their integration in working life and society is the duty of the community and a guarantee of respect for human dignity and should be included in their priority objectives in social policy; Recalling the principles stated in article 15 of the European Social Charter: "The right of physically or mentally disabled persons to vocational training, rehabilitation and social resettlement"; Considering that failure to protect the rights of and foster opportunities for disabled citizens is an insult to human dignity and represents a heavy financial burden, and owing to this attitude: - many people are allowed to become unnecessarily dependent and incapable of activity that is economically and socially productive; - the remedies to this dependence seem often only financial, whereas, in fact, compensatory benefits for the disability are but one aspect of a policy in favour of disabled people; Considering that it is important to ensure an early start to the continuous and comprehensive process of rehabilitation carried out by qualified personnel within a coherent, co-ordinated framework; Feeling the need to consolidate all past Resolutions of the Brussels Treaty Organisation, of the Western European Union and of the Council of Europe in the field of rehabilitation and resettlement of disabled people, Recommend that the Governments of the States parties to the Partial Agreement as well as the Governments of Austria, Norway, Switzerland, Spain and Portugal - follow the principles and take into account the measures set out at the Appendix to this Resolution when drawing up their rehabilitation programmes; - ensure a wide distribution of this Resolution in public and private circles dealing with the rehabilitation of disabled people; Resolve that this Resolution replaces the following Recommendations and Resolutions: - Adopted under the aegis of the Brussels Treaty Organisation: the Recommendation on the policy on the rehabilitation of the disabled, adopted in May 1950 and revised in November 1958, the Recommendation on the training of personnel concerned with rehabilitation, adopted in May 1950 and revised in April 1959, the Recommendation on the rehabilitation and training of physically disabled children and young persons in relation to their placing in employment, adopted in April 1951 and revised in October 1957, the Recommendation on the rehabilitation of the tuberculous, adopted in November 1951, the Recommendation on general education, training and employment of the CONFIDENTIAL - a29 - CM/Del/Concl(84)375 Appendix VI blind, adopted in November 1951 and revised in October 1957, the Recommendation on education and training of deaf children, adopted in May 1953, the Recommendation on rehabilitation of those suffering from the paralytic sequellae of poliomyelitis, adopted in April 1954, the recommendation on rehabilitation of patients affected by cardiac rheumatism, adopted in October 1954, the Recommendation on conditions to be complied with by disabled persons for obtaining driving licenses, adopted in October 1954, the Recommendation on statistics, adopted in October 1954, the Recommendation on the supply and manufacture of artificial limbs, adopted in May 1953, the Recommendation on sheltered employment, adopted in April 1955, the Recommendation on educational aspects of rehabilitation, adopted in April 1955, the Recommendation on the publicity measures designed to facilitate the rehabilitation and resettlement of the disabled, adopted in April 1955, the Recommendation on the rehabilitation and resettlement of epileptics, adopted in April 1955 and revised in October 1957, the Recommendation on the rehabilitation of the mentally disordered, adopted in September 1955 and revised in May 1960, the Recommendation on specialised transport for amputees and paraplegics, adopted in September 1955, the Recommendation on placing services for the disabled, adopted in April 1957, - adopted under the aegis of the Western European Union: the Recommendation on means of locating disabled persons who, although in need of rehabilitation, have not so far had access to modern methods of treatment and training, adopted in May 1958, the Recommendation on the planning and equipment of public buildings with a view to making them more easily accessible to the physically handicapped, adopted in April 1959, the Recommendation on the rehabilitation of those suffering from brain injuries, adopted in May 1960; - adopted under the aegis of the Council of Europe: Resolutions AP (60) 2, AP (63) 1, AP (63) 2, AP (65) 1, AP (66) 1, AP (66) 3, AP (66) 4, AP (66) 5, AP (67) 1, AP (67) 2, AP (69) 4, AP (70) 2, AP (71) 2, AP (72) 2, AP (72) 3, AP (72) 4, AP (72) 5, AP (73) 1, AP (74) 8, AP (76) 2, AP (76) 3, AP (76) 4, AP (77) 7, AP (77) 8, AP (81) 7, AP (81) 8; Instruct the Secretary General to transmit this Resolution to the Secretary General of the Western European Union. CONFIDENTIAL CM/Del/Concl(84)375 - a30 - Appendix VI
Appendix to Resolution AP (84) 3 I. GENERAL POLICY 1. Principles Member States (1) should intensify preventive action to - eliminate impairments, disabilities and handicaps; - put into operation a comprehensive and coordinated rehabilitation policy; - promote the full participation of disabled people in their rehabilitation and in community life. 2. General directives 2.1 Goal and purpose of rehabilitation 2.1.1 Rehabilitation concerns all areas of community life and is particularly directed towards the following aspects which should be smoothly co-ordinated and developed with the full participation of disabled people: - prevention, identification and diagnosis of impairments, disabilities and handicaps; - treatment, fitting of appliances and functional or medical rehabilitation; - pupil and vocational guidance; - schooling; - vocational training and rehabilitation; - employment, sheltered employment, job assessment and placement; - technical and social aids, access to buildings, housing, communication, transport, leisure, sport and holidays; - training of staff involved in rehabilitation; - health education, information and research; - social counselling; - co-ordination of activities.
(1) For the purposes of this Resolution, the expression "Member States" means the States party to the Partial Agreement (Belgium, France, Federal Republic of Germany, Italy, Luxembourg, Netherlands, United Kingdom of Great Britain and Northern Ireland) as well as Austria, Norway, Switzerland, Spain and Portugal. CONFIDENTIAL - a31 - CM/Del/Concl(84)375 Appendix VI
2.1.2 The principles underlying rehabilitation and the aims it pursues are as follows: - to establish disabled people's right to integration and society's duty to achieve it; - to eliminate physical and psychological obstacles in society and enable disabled people to participate fully; - to recognise the need for early action in rehabilitation; - to see the value of rehabilitating as completely as possible disabled people with a view to their integration or resettlement, preferably in their social environment, should such be the case in their previous job, or in suitable employment in their previous working environment; - to devise rehabilitation programmes which form a comprehensive, continuous, personalised process providing services from the onset of the impairment and moving on through successive stages until integration into working life and in society has been achieved; - to ensure close and early co-operation between the staff and institutions involved in rehabilitation, and to establish liaison between the agencies and authorities concerned with the rehabilitation and employment of disabled people. 2.1.3 The rehabilitation programme should include all measures to: - prevent the appearance and aggravation of impairments, disabilities and handicaps and to eliminate or reduce their effects; - prepare a disabled person to take up or resume a normal place in the community, particularly at work or in his ordinary social environment. 2.1.4 Rehabilitation should be viewed in general, collective and individual terms, and should be regarded as a comprehensive continuous process, providing services aimed at social and work integration. The active and continuous co-operation of the disabled person himself is essential. It is of the utmost importance to combine, as early as possible, medical treatment and the various stages of medical and occupational rehabilitation in order to eliminate or reduce the impairment, the disability and handicap. 2.1.5 To this end, it is essential that rehabilitation should be viewed as a coherent process. 2.1.6 At the individual level, rehabilitation is a continuous process designed to avoid an impending disablement, to maintain, increase or restore the individual's capacity to engage in a normal activity. CONFIDENTIAL CM/Del/Concl(84)375 - a32 - Appendix VI
In the context of a rehabilitation programme this process includes a variety of individual, complementary measures, applied simultaneously or successively: - medical and physical measures - psychological measures - educational and vocational measures - social measures - rehabilitation into work 2.2 Impairment, disability and handicap In the context of health experience: an IMPAIRMENT is any loss or abnormality of psychological, physiological or anatomical structure or function; a DISABILITY is any restriction or lack (resulting from an impairment) of ability to perform an activity in the manner or within the range considered normal for a human being; a HANDICAP is a disadvantage, for a given individual, resulting from an impairment or a disability, that limits or prevents the fulfilment of a role that is normal (depending on age, sex and social and cultural factors) for that individual (1). 2.3 Methods to be adopted for the introduction and pursuit of the rehabilitation policy 2.3.1 The advice and help needed by a disabled person before, during and after rehabilitation should be given in a coordinated manner. This coordination which is indispensable, may take various forms according to national circumstances. Methods should be adopted, in this regard, to enable each case to be followed and to ensure that there are no gaps in the provision of rehabilitation services, that the chosen occupation continues to be mentally, physically and professionally satisfactory to the person concerned, that he adapts to it progressively and that it leads to his social integration. 2.3.2 In the interests of effectiveness, it should be ensured, as far as possible, that optimal use is made of rehabilitation methods in establishments provided for the general public. If the need arises, specialised facilities and services should be set up in conjunction with public authorities, welfare associations and other organisations.
(1) The term "disabled person" ("personne handicapée" in French) is used in the general context of this Resolution. The differentiation between "impairment", "disability" and "handicap" is useful to highlight the real impact of its provisions. CONFIDENTIAL - a33 - CM/Del/Concl(84)375 Appendix VI
2.3.3 There should be consultations with experts and technical committees specialising in the various aspects of rehabilitation, and with advisory boards or organisations of, or for, disabled people. 2.3.4 As rehabilitation covers many fields, it is essential to encourage close co-operation between health, education, vocational training, employment, social welfare and all other relevant agencies and authorities. 2.3.5 Public and private agencies active in one or more of these fields should co-operate in implementing the programme. 2.3.6 To give the general rehabilitation programme unity of approach, purpose and action, each country should set up a co-ordinating procedure in order to establish the closest possible co-operation between the various agencies concerned with rehabilitation and employment, such as Government departments, regional and local authorities, families, voluntary organisations of and for disabled people, and also between the various groups of staff directly involved in the work. Co-operation should be encouraged at national, regional and local levels.
II. PREVENTION - IDENTIFICATION - DIAGNOSIS 1. Prevention 1.1 The most important measures for prevention should be put into effect as early as possible. These measures should include in particular: better nutritional practices, improved health services, early detection and diagnosis, pre-natal, perinatal and post-natal care, medical care for new-born infants, schoolchildren and workers; proper instruction in health care and health programmes, education in healthy lifestyles, and on environmental hazards, family planning and the fostering of better informed and strengthened families and communities. 1.2 On account of the changing social and economic trends a new strategy should be devised to allow the introduction of measures to prevent occupational, traffic and domestic accidents and to promote early identification of a wide range of physical and mental disorders in order to reduce their severity or after-effects. CONFIDENTIAL CM/Del/Concl(84)375 - a34 - Appendix VI 2. Identification 2.1 Particular attention should be paid to the need for early detection - of certain kinds of malformation by means of national records, in order to determine their origin and eliminate them as soon as possible; - of congenital and acquired disorders in order to attenuate their effects or consequences as soon as possible by medical or surgical treatment, appliances and/or a rehabilitation programme involving the provision of appropriate personalised and continuous services; - of failings due to advancing age, so that action may be taken to prevent their appearance or deterioration and enable old people to remain self-sufficient as long as possible in favourable material and psychological conditions. 2.2 Such detection, which should comprise means of identification through recourse to compulsory or voluntary reporting of cases, should be carried out in the interests of disabled people and requires the assistance - of the authorities and departments responsible for the provision of services and benefits; - of the services responsible for the detection of impairments; and, depending on the circumstances in each country, should be carried out on the occasion of periodical medical examinations before and after birth, during infancy, at school, before marriage, before and during employment or at other stages in life. 3. Diagnosis 3.1 The purpose of detection measures should be to permit an accurate and detailed diagnosis of the disorder or impairment observed in order to draw up a rehabilitation programme as soon as possible. Preventive medicine centres and medico-social services should help to establish a precise, accurate and early diagnosis. 3.2 Diagnosis should be based on investigations into the origin, nature, and extent of the disorder or impairment, in the light, in particular, of the family medical history. CONFIDENTIAL - a35 - CM/Del/Concl(84)375 Appendix VI
III. ASSESSMENT OF APTITUDES - TREATMENT - FUNCTIONAL OR MEDICAL REHABILITATION - TECHNICAL AIDS - TRANSPORT 1. Assessment of aptitudes 1.1 It is essential to assess at the earliest possible stage, on the basis of the diagnosis, medical evidence and relevant expert opinion, the extent of the remaining mental and physical faculties or those which can be restored through rehabilitation, in order to reach the best possible prognosis of the person's occupational and social resettlement. At the time of making this prognosis and at all stages of the process, account should be taken of personal considerations as well as of the individual's educational and occupational history and social and family background. This requires a multidisciplinary approach and efficient coordination between the various professional disciplines involved. 1.2 The assessment of aptitudes and their probable evolution should be made - at the medical level by doctors specialising in rehabilitation, by other specialists with expertise in rehabilitation according to their speciality, or by doctors with special knowledge of particular disabilities; - in the field of vocational guidance, vocational training and employment, by specialists in this matter who are particularly knowledgeable regarding disabilities and their evolution, with a view to providing the most adequate prognosis. 1.3 The assessment of aptitudes should be regularly reviewed at all stages of rehabilitation as well as when the individual takes up employment. 1.4 To make sure that services are effective, they should be provided free of charge. 1.5 There should be a sufficient range and number of centres or departments specialising in the assessment of physical and mental aptitudes to meet all needs and they should be equipped to use the most up-to-date investigation techniques. 1.6 The effectiveness of these measures and the coherence of the rehabilitation process demand co-ordinated action by the centres or departments responsible for detection, diagnosis and the assessment of aptitudes, and by other rehabilitation institutions. 2. Treatment 2.1 The combination of medication, diet, care and surgery in the form of an early, active and continuous programme based on modern technology and therapy should enable disabled people to benefit from all the resources available for rehabilitation. CONFIDENTIAL CM/Del/Concl(84)375 - a36 - Appendix VI 2.2 To this end, attention should be drawn to the following points: a. the crucial importance of making early stimulation and treatment available to children suffering from an actual impairment or who risk becoming handicapped to ensure the full development of their natural capabilities and to limit as far as possible the impact of the impairment. Special attention should be paid to promoting the participation of the family in carrying out early stimulation and treatment; b. the need to advise a person on the best treatment for his impairment and on the possibilities of leading an independent life. Account should be taken of advances in medical and surgical treatment suited to the nature and severity of the impairment or disability; c. the importance of having sufficient numbers of specialists and/or hospitals equipped to provide treatment or services. If necessary, experienced foreign specialists and establishments should be consulted; d. the obligation to link rehabilitation requirements to the health programme in order to determine the criteria for recognising specialists and establishments for the treatment of disabled people and the rules according to which the latter must function; e. the advisability of providing for, and developing, possibilities of out-patient or home care where the disability permits it, or of keeping disabled people in their family and social environment, in order to enable them to live, as far as possible, an independent life; f. The need to set up specialised treatment centres for the optimum rehabilitation of people suffering from disabilities of specific types providing - in addition to medical treatment and technical aids - psychological assistance, occupational therapy, recreational activities and so on. 3. Medical rehabilitation 3.1 Definitions Medical rehabilitation is the whole range of specialised treatment and retraining designed to reduce the after-effects of the injury, disease or disability, restore physical or mental functions and develop or restore, even if only partially, the individual's capacity to pursue normal activity. CONFIDENTIAL - a37 - CM/Del/Concl(84)375 Appendix VI It includes : - functional rehabilitation: the various multidisciplinary techniques likely to improve the functional prognosis of disabling local and/or general pathological conditions. The last stage of functional rehabilitation, where appropriate, should include training or retraining for exertion. - medical and educational processes : medical rehabilitation for children with all types of disabilities involves the use of special medical and educational processes. 3.2 With the introduction, growth and widespread adoption of medical rehabilitation it has become clear that, as a follow-up to actual medical treatment, it facilitates the integration of the disabled person in working life and society. Early rehabilitation should allow, depending on the case; 3.2.1 Children - to be educated, as a first preference, in an ordinary school and/or to attend a specialised day school to permit them to remain within the family circle; or - if they require residential care in a medical and educational institution - which should have a family atmosphere - to be spared hospitalisation wherever possible. Where institutional care is unavoidable, the necessary help should be given to the disabled child's family to maintain contact with the child. 3.2.2 Adults or old people - To avoid hospitalisation or to leave hospital sooner and to escape some of the disadvantages of a long stay in hospital. To this end, measures should be taken: . to provide sufficient out-patient departments, specialised centres and day clinics providing out-patient treatment; . to facilitate transport to and from such establishments in order to enable them to benefit from this treatment. To enable the integration of disabled people into working life and society, services should as far as possible be provided at home or in out-patient clinics, and facilities should be set up accordingly. Where institutional care is unavoidable, arrangements should be made for the patient to return home at regular intervals. Developing facilities for moving about and modes of transport adapted to the specific circumstances and disabilities of the people concerned and their availability in sufficient numbers, is one way of introducing and promoting this approach to rehabilitation. CONFIDENTIAL CM/Del/Concl(84)375 - a38 - Appendix VI . to arrange for people who find such visits difficult or impossible to receive home treatment from the team of specialists required to ensure their complete rehabilitation. 3.3 Prolonged hospital treatment can be avoided by the following measures : 3.3.1 During the stay in hospital - Appropriate social action by the institutions themselves and by public or voluntary agencies to prepare and facilitate discharge from hospital, especially by establishing contact: i. with the family to ensure that they continue to take an interest in the disabled person; ii. with the employer when work can be resumed; iii. with the landlord to avoid loss of accommodation; iv. if need be, with a service concerned with making accommodation accessible. - Appropriate action to protect the patient's property during his stay in hospital and make sure that he retains his accommodation. 3.3.2 After discharge from hospital - Devising all measures to assist the family to take (or take back) the disabled person to live with them on discharge from hospital; - securing the disabled adult's resettlement at work as soon as possible; - securing the disabled person's resettlement in society and the continuation of treatment. 3.4 To be fully effective, medical rehabilitation institutions, besides offering specialised care for specific types of treatment should provide: - training or retraining for exertion; - psychotherapy; - standard occupational therapy and, for adults, occupational therapy prior to employment; - help for a person to adjust to his limitations with a view to overcoming his handicap. 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In order that this phase may be fully effective, medical rehabilitation needs to be complemented by the availability of social counselling services. 3.5 Residential medical rehabilitation and medico-educational institutions should include among their general services leisure activities giving patients opportunities to meet local people. Insofar as the care provided by all these institutions is concerned, they should be equipped with a maximum of technical rehabilitation facilities and staff or be able to call on a medical and paramedical team. For specialised care and treatment, they should make arrangements with specialised hospitals. 3.6 Employers, employers' organisations, occupational accident insurance agencies and similar bodies should be encouraged, to the extent required by national conditions, to set up medical and physical rehabilitation centres or assist in setting up rehabilitation centres providing mostly medical treatment, occupational therapy and similar services to help employees to regain working fitness. 4. Technical aids 4.1 General provisions 4.1.1 The "medical rehabilitation" stage should also comprise all the steps taken to choose and fit the appropriate prosthetic or technical aids. Ensuring that the right appliance is acquired as speedily as possible; its adjustment, maintenance and renewal are thus part of the individual's rehabilitation programme. 4.1.2 To this end, the necessary medical, technical and administrative arrangements should be made to enable all those who need them to be speedily fitted with suitable modern appliances. 4.2 Specific provisions 4.2.1 Close co-ordination should be established on a national level between the various authorities responsible for directing the manufacture and supply of artificial limbs and other technical aids. This could be achieved by the creation of a restricted national commission on artificial limbs, made up of representatives of the ministries and other interested parties. 4.2.2 It must be realised that the fitting of suitable appliances allows many disabled children to attend an ordinary school, assists occupational resettlement and helps towards the social integration of disabled people. 4.2.3 Fitting an appliance is an integral part of medical rehabilitation and should be done by a specialised medical rehabilitation institution or, at its instigation and with its co-operation, on the prescription of a medical specialist. CONFIDENTIAL CM/Del/Concl(84)375 - a40 - Appendix VI
4.2.4 It is extremely important to ensure that the specialist, either alone or in consultation with the specialised institution's rehabilitation team, decides on the type of appliance and the model best suited to the recipient, ascertains the latter's ability to adapt to it and specifies what special devices are needed in his particular case. It should be remembered that the correction of the impairment or disability at the earliest possible stage, or the choice of the most suitable compensation for it, allows the disabled person to develop his personality more freely. 4.2.5 Technical and administrative measures should be taken to co-ordinate, for the benefit of all persons concerned, the principles of modern appliance-fitting, objective information and uniform decision-making on technical matters and prices. 4.2.6 Traditional technical aids as well as the whole range of medical appliances and individual or collective communication aids or compensatory appliances (eg pacemaker, wheelchair, specially fitted car) should be made available. IV. PUPIL AND VOCATIONAL GUIDANCE 1. Definition The purpose of vocational guidance is to determine the occupations suitable for the disabled person, taking into account his previous occupation, his personal aptitude and wishes, the special requirements of the occupations considered and the possibilities of the labour market. Vocational guidance concerns also those who are temporarily unable to work. 2. Purpose Educational, occupational or social difficulties arising from a disability may require early and continuous rehabilitation measures to be preceded, accompanied or followed by pupil or vocational guidance in the direction which offers a person the best long or short-term opportunities for satisfactory resettlement. General or special vocational guidance centres or services should be set up to provide a suitable vocational guidance system enabling disabled people to acquire a reasonable level of general education and choose an occupation in keeping with their knowledge, aptitudes and abilities. CONFIDENTIAL - a41 - CM/Del/Concl(84)375 Appendix VI
3. Need for, and advisability of, specialised vocational guidance 3.1 Specialised vocational guidance is needed because: a. equipment adapted to disabilities must be available; b. the staff must be trained in special assessment techniques and know about disabilities and their evolution. 3.2 Special vocational guidance centres or special facilities in general centres could be set up to advise disabled people on training for a suitable occupation. 3.3 With certain types of disability, the special centre or service should intervene in the course of medical rehabilitation after a sufficient period of observation and after stabilisation of the treatment under continuous medical supervision. A network of rehabilitation facilities could be created in accordance with need. 4. Nature of assessments 4.1 The decision whether to carry out special assessments and, if so, the choice of methods, depend on a person's age and educational and/or occupational status. 4.2 Each country should accordingly have enough general or specialised vocational guidance centres or services to meet its needs. 5. Staff 5.1 The vocational guidance team should include a guidance officer, a doctor and a social worker. Depending on its degree of specialisation and the purpose of the centre or service, it could be supplemented by other specialists such as a psychologist, a physiotherapist or a technical instructor. 5.2 The parents and/or the disabled person or his/her representatives should be associated with the process. 6. Co-ordination of rehabilitation measures 6.1 Where the educational or medical rehabilitation institution does not itself offer its pupils or patients vocational guidance, it must co-operate with the appropriate centre or service. 6.2 The collaboration of the vocational guidance centre or service is required for everyone admitted to a course of vocational training and rehabilitation. CONFIDENTIAL CM/Del/Concl(84)375 - a42 - Appendix VI
V. SCHOOLING 1. Conditions 1.1 Compulsory education at public expense should enable disabled people as far as they can, to achieve economic independence and contribute to their country's social development. 1.2 Compulsory education should be provided wherever possible in an ordinary school. To meet their specific needs, disabled children should be supplied with special therapeutic and educational aids. Where education in a special school is necessary, provision should be made for close co-operation with the ordinary school and contacts with non-disabled children of the same age. 1.3 The aptitudes of disabled children of school age should be assessed before actual vocational guidance is considered. 1.4 As contacts between the special school and the child's family are essential, the family's interest in the work of the school or special centre should be stimulated. 2. Aim 2.1 The aim of schooling is to encourage the acquisition of the best possible level of general education and the development of appropriate vocational guidance and training with a view to better integration into society. 2.2 Care should be taken to bring about an adequate and effective improvement in the instruction and general education of disabled young people. 2.3 Pupils who are unable to attend school because of illness or disability should receive tuition at home or in special centres. 2.4 All disabled people who can benefit from it, should be given the opportunity of continuing their education. 3. Ordinary education 3.1 A proper assessment of the possibilities and aptitudes of disabled children, functional rehabilitation - thanks to non-hospital medico-therapeutic services and special educational support - should enable the largest possible number of children to attend an ordinary school. In nursery schools the education of disabled children side by side with other children should be based on tried and established models of integration. 3.2 Teaching in ordinary nursery schools and wherever possible in special nursery schools, likewise, should foster integration. CONFIDENTIAL - a43 - CM/Del/Concl(84)375 Appendix VI
4. Special teaching 4.1 Children too seriously disabled to attend an ordinary nursery school should receive special tuition at an early age, either at home or at a special centre, eg a special nursery school. 4.2 A sufficient number of special schools and vocational training schools should be set up and staffed by teachers with adequate special teaching qualifications. 4.3 Day schools are preferable because they allow the child to remain in the family circle; only where attendance at such schools is impracticable because of the nature or seriousness of the disability or for other valid reasons should children be placed in boarding schools. 4.4 Day and boarding schools should specialise as far as possible so as to give children an education suited to their particular disability. 4.5 Where residential care for children is essential, it should be provided in a family atmosphere. To avoid prolonged absence of the child it may be desirable to place children in foster families. Contacts between them and their parents should be regular wherever practicable. 4.6 The appearance of psychological, emotional and behavioural disorders in disabled children can often be prevented by suitable educational and medico-therapeutic support, proper parent guidance and regular contact with able-bodied children. 4.7 Special schools for deaf and blind children should be equipped with collective aids and other mechanical devices. 4.8 Disabled children should be able to have special teaching either in groups or individually. 4.9 Special teaching should continue for as long as the disabled person profits by it. 5. Education and rehabilitation 5.1 Links should be established during schooling between education, occupational training and future employment by arranging for appropriate ordinary or specialised vocational guidance assessments. Vocational guidance should be provided for ordinary school pupils as well as for pupils of medico-educational institutions. 5.2 While at school, children must have access to the various medical or functional rehabilitation resources. 5.3 Young people with disabilities and especially those who are retarded, should receive special educational support during their course. 5.4 Educational establishments should be easily accessible and structurally adapted to the needs of disabled children. CONFIDENTIAL CM/Del/Concl(84)375 - a44 - Appendix VI
VI. VOCATIONAL TRAINING AND REHABILITATION 1. The rehabilitation programme should endeavour to set out and develop the concepts in the ILO Convention 159 and recommendation 168 on vocational training and rehabilitation in order to further the integration of disabled people. 1.1 Aim Vocational training or rehabilitation comprises the measures designed to enable disabled people, by means of appropriate training, to take up or return to an occupation thereby facilitating his/her social integration (appropriate because it is, or is not adapted, according to the case). 1.2 Level and sectors of vocational training 1.2.1 Vocational training should encourage the acquisition, particularly by young people, of the best possible level of general education, all-round training and technical or scientific skills. 1.2.2 Disabled people with suitable aptitudes should be given every opportunity to benefit from higher education. 1.2.3 Vocational training and rehabilitation should cover the widest possible range of economic, administrative and social sectors to give those who have been rehabilitated a better choice of occupation. 1.3 Financial responsibility for vocational training and rehabilitation The cost of initial vocational training on account of disability and employment resettlement should be borne by public funds in so far as the funds are not supplied by the employers. The ways of financing decided upon should take account of the particular responsibilities laid upon employers concerning the training of their staff. 1.4 Vocational training and rehabilitation instructors and institutions 1.4.1 Ordinary training or rehabilitation courses should be available to those who are not too severely disabled to attend them. 1.4.2 Those with certain types of disability, or those whose residual aptitudes have proved during rehabilitation, especially at the vocational guidance stage, to be extremely limited, may require special vocational training or rehabilitation courses in special schools, medico-educational institutions or vocational training and rehabilitation centres for disabled people, or else special on-the-job training or rehabilitation. CONFIDENTIAL - a45 - CM/Del/Concl(84)375 Appendix VI
1.5 Disabled people's adjustment to vocational training or rehabilitation 1.5.1 Vocational training and rehabilitation should accompany medical supervision of the disabled person in co-operation, if possible, with the centre or institution which provides functional or medical rehabilitation. 1.5.2 In each case periodical training or rehabilitation assessments should be made in co-operation with, or by, the vocational guidance centre. 1.5.3 Vocational training and rehabilitation should aim at helping the person in question to adapt to his disability. VII. EMPLOYMENT, SHELTERED EMPLOYMENT AND ACTIVITIES AIMED AT RESETTLEMENT AT WORK 1. General policy on work and occupational activity 1.1 The general objectives of this policy should permit the fullest possible vocational and social integration of disabled people. This policy should promote their fulfilment, whatever the origin, nature and degree of their disability. 1.2 In application of this principle, all possible measures should be taken to enable disabled people to work in an ordinary working environment. This can be achieved either by normal employment, possibly subject to certain safeguards or by special measures, individual or collective. 1.3 Anyone who is so severely disabled that it is impossible for him to work in an ordinary working environment, should be able to find a place, for some time or permanently, in adapted surroundings, inter alia through : 1.3.1 sheltered employment in a sheltered workshop, at home or in an ordinary working environment. Sheltered employment: - should permit disabled people to carry out useful remunerative work suited to their residual capabilities and to benefit from vocational retraining which will allow them to find later on, whenever possible, an occupation in an ordinary working environment; - should be reserved for people with disabilities who are for some time, or permanently, unable to fill jobs in an ordinary working environment ; CONFIDENTIAL CM/Del/Concl(84)375 - a46 - Appendix VI
1.3.2 assistance through work centres, where they exist, which make provision for people who, due to their disability, cannot work in a sheltered workshop or in an ordinary working environment but are nonetheless able to carry out a remunerative rather than a purely occupational activity ; 1.3.3 centres of occupational activities in which people generally carry out activities without regard to productivity because of the extremely limited level of their functional capacities: - should seek to develop the social, vocational and functional capacities of disabled people, - should endeavour to prepare people for settlement in sheltered employment or in any other system of work. 2. Employment in a usual and ordinary working environment 2.1 Conditions 2.1.1. Disabled people should receive equal pay for work of equal value to that of any other worker. 2.1.2 Measures should be taken to facilitate, encourage and assist the settlement of disabled people in open employment. Such provisions are intended for persons who are judged to be fit for employment on completion of their rehabilitation process or though needing sheltered conditions of work, are capable of working in an otherwise ordinary environment. 2.1.3 Considerable attention should be given to the means that may be adopted in order to make integration into working life possible. Such means should include collective measures for the benefit of all disabled persons and special measures to solve individual integration problems. Full participation of the disabled person should be considered indispensable for his integration. 2.1.4 The authorities responsible for employment services should be provided with the administrative and financial resources to resolve the general or individual problems encountered in the occupational settlement of disabled persons. 2.1.5 The organisations of employers and workers as well as government departments and organisations of disabled people should be informed of these arrangements and be associated with the integration effort. CONFIDENTIAL - a47 - CM/Del/Concl(84)375 Appendix VI
2.2 Implementation and means Employment services or services responsible for the placement of disabled people should be able to take one or more of the following measures and to resort to one or more of the following means as required: - collective measures: . obligation to employ; . reserved employment; . employment incentives. - individual measures : . contribution towards wages during the period of adaptation to the job by reason of the employee's disability; . adaptation of the job to the safety or operational requirements resulting from the employee's disability; . special tools dictated by the nature of the disability and special or adapted clothing; . means of controlling the lack of output and proportionate wage reduction with an eventual compensation by way of temporary aid, where the disabled person is unable, despite adaptation to the job, to keep up the normal pace; . other measures to offset exceptional expenditure arising from the employee's disability. 3. Measures to overcome the problems of occupational integration in sheltered employment 3.1 General principles : concept and purpose of sheltered employment Sheltered employment should be open to persons who, because of their disability, are unable to obtain and keep a normal job in open industry. Sheltered employment may be provided in a sheltered workshop, at home or in an ordinary working environment. 3.1.1 Sheltered workshop 3.1.1.1 A sheltered workshop should enable disabled people to have a useful and remunerative job. CONFIDENTIAL CM/Del/Concl(84)375 - a48 - Appendix VI
3.1.1.2 It should allow the disabled person resettlement at work and should aim at his transfer to a normal occupation or to an ordinary working environment. 3.1.1.3 It should constitute a production unit independent of normal firms. 3.1.1.4 It should form part of the competitive economic system and should have its place in production. 3.1.1.5 It should offer satisfactory remuneration in relation to the type of work performed and as far as possible in accordance with conditions in open industry, and should bring the disabled person into the social security scheme. 3.1.1.6 It should endeavour to maintain a financial balance as far as possible and one which is compatible with its social purpose. This often involves a certain amount of assistance from the authorities and others, such as: - help with construction; - subsidy for running costs. 3.1.1.7 The prices of products and work performed should be competitive and not depend on the idea of charity. 3.1.1.8 It should be able to make or manufacture its own products or produce for firms under sub-contract. 3.1.1.9 It should make sure that its supervisory staff have the requisite technical qualifications and, if necessary, provide them for this purpose with additional information and training, having regard to the workshop's special role. 3.1.1.10 It should, as far as possible, establish with the disabled workers the legal employer/employee relationship. 3.1.1.11 It should make sure that the disabled workers it employs are given, as far as possible, work suited to their occupational capacities. 3.1.1.12 It should provide adequate supervisory staff under optimum social conditions. 3.1.2 Employment under special conditions in open industry 3.1.2.1 Principles and purpose This type of employment should be reserved solely for people who, in spite of exploration of all the possibilities, cannot yet take up work in an ordinary working environment. CONFIDENTIAL - a49 - CM/Del/Concl(84)375 Appendix VI
It should aim at enabling the disabled workers eventually to take up work in an ordinary working environment, if possible. For this purpose, the workers should be given special training. As for working conditions, the situation of disabled people working in this type of employment should be assimilated as much as possible to that of other workers of the firm without prejudicing more advantageous conditions on account of the disability. 3.1.2.2 Physical arrangements Whenever necessary, the sheltered employment workplace should have suitable entrance and exit facilities, ensure suitable working conditions and a working environment as normal as possible. It should be situated in a place where workers do not, because of their handicaps, feel cut off from other workers. 3.1.2.3 Control and supervision Sheltered employment should be subject to the general supervision of the competent authorities, which should cover: - the suitability of the disabled person to be employed in such a system of work; - the legal status of the workers, the type of work, the working hours and the remuneration envisaged; - medical, social and psychological assistance to the workers; - special training and checks on workers' progress with a view to their complete settlement in an ordinary working environment. 3.1.3 Work at home (see paragraph 5 below) 3.1.4 Work in an ordinary environment (see paragraph 2 above) CONFIDENTIAL CM/Del/Concl(84)375 - a50 - Appendix VI
3.2 Implementation Measures should be taken by the competent authorities, if need be in co-operation with interested private bodies, to create, expand and maintain facilities for the training and sheltered employment of disabled people who are temporarily or permanently unable to cope with normal conditions of competition on the labour market. 4. Centres of occupational activities 4.1 General principles : concept and purpose of centres of occupational activities 4.1.1 A centre of occupational activities should be open to people who, because of their residual capacities, are not or not yet able to obtain or keep a job even in sheltered employment. 4.1.2 It should be able to provide occupation at the centre itself or in a person's home. 4.1.3 It should provide as far as possible for the psychological, medical, social and vocational adjustment of disabled people and contribute as much as possible to their transfer to sheltered employment or to any other system of work. 4.1.4 It should have the medical, paramedical, educational and social welfare staff required in order to fulfil its functions. 4.1.5 It should offer, as far as possible, occupational activities suited to the situation of the disabled people it serves. 4.2 Implementation 4.2.1 Measures should be taken by the competent authorities, if need be in co-operation with interested private bodies, to create, expand and run centres of occupational activities for disabled people who are temporarily or permanently unable to work even under sheltered employment conditions. 4.2.2 The creation or expansion of the concept of occupational activities aimed at furthering integration may be achieved by means of any of the following arrangements, bearing in mind the social situation and type of handicap of the people concerned: - residential centres, - semi-residential centres, - day centres. 4.2.3 Centres of occupational activities should, if need be, allocate activities to be done at home by people who are unable to travel even with any assistance that may be available for the purpose. CONFIDENTIAL - a51 - CM/Del/Concl(84)375 Appendix VI
5. Work at home 5.1 Work at home is justified in the case of people who, because of: - vocational training or rehabilitation in preparation for self-employed activity, - their physical or mental, or their family situation - geographical or local socio-vocational factors are unable to leave their homes or have serious difficulty in getting to work. 5.2 Work at home may be: - performed in a self-employed capacity, - provided by the private and public sector, - organised by sheltered workshops, - supplied by centres of occupational activities, assistance through work centres or voluntary bodies. 5.3 If it consists of work for a firm or sheltered workshop, it should be useful and remunerative to the disabled person and bring him into a social security scheme. 5.4 Work at home entails the application of the following measures : - in all cases, medical, occupational or social supervision, - if the disabled person is to be self-employed, the grant of financial aid at the time of installation. 6. Common and complementary measures to further the rehabilitation of disabled people into work All measures should be taken and/or encouraged: - to ensure that the rehabilitation agency follows up each case, sees that the job suits the person concerned, and where necessary suggests a change of occupation; - to co-ordinate action taken in this field and, wherever possible, incorporate it in the general framework of existing facilities and schemes for rehabilitating disabled people ; - to see that the occupational activity of disabled workers is organised and carried out under the supervision of staff competent in matters of organisation, industrial economy, technical knowledge and personnel management and having tact and experience in dealing with disabled people ; CONFIDENTIAL CM/Del/Concl(84)375 - a52 - Appendix VI
- to ensure that every disabled person undergoes regular medical examinations and that the medical report indicates the extent of the employee's disability and working capacity, with due regard to the type of work and the conditions under which it has to be done, and that intensive industrial medical care, particularly directed towards rehabilitation, is available ; - to ensure that disabled people working in sheltered employment or at home: . earn a wage calculated on the basis of the rates applied to the same work done under normal conditions of employment, . are given the opportunity to increase their wages as well as their total income by their own efforts, . are entitled to an income which, as a rule, will provide them with a decent standard of living. 7. Contribution of employers and workers to the programme for rehabilitation into work and employment of disabled people Steps should be taken to show employers and workers how they can contribute to the rehabilitation into work and employment of disabled workers. Without prejudice to existing legal undertakings, such steps should be: - to encourage, to the extent required by national conditions, employers, employers' organisations, autonomously or within the framework of the structures where they are represented, to create or help in creating special rehabilitation workshops, sheltered workshops or other types of sheltered employment; - to urge employers to sub-contract their production as appropriate to sheltered workshops or to disabled people working at home, and, if possible, to supply them with the necessary material and machinery; - to encourage employers generally to facilitate the rehabilitation of disabled workers by making suitable work available to them, if necessary after making adaptations to machinery or equipment and by giving them the opportunity to return to suitable types of employment as soon as they are medically fit for work, although not necessarily fit enough to resume their former occupation; CONFIDENTIAL - a53 - CM/Del/Concl(84)375 Appendix VI
- to encourage the development of occupational health services and arrangements for medical supervision in factories, which should, where possible, include among their functions the rehabilitation and resettlement of disabled people, and to promote co-operation between those engaged in such services and the various agencies working to the same end; - to draw the attention of workers and workers' organisations to the need to play an active part in the vocational rehabilitation and employment of disabled people. 8. The role of placement services 8.1 Employment services specialising in the placement of disabled people should function within the framework of the responsible placement organisms. They should be easily accessible to those concerned and their staff should be adequately qualified. 8.2 Specialised services should be able to settle disabled people, particularly those with certain types of needs, in all branches of the economy, as paid employees. 8.3 The standard of their staff should be constantly improved by all suitable methods, in particular through the best possible selection of placement officers, by providing training courses before or soon after they start work and also refresher courses, and by ensuring that they are well acquainted with the different types of work that can be offered to disabled people. 8.4 Where appropriate, follow-up action for as long as necessary should be taken by the placement services in collaboration with other services concerned to ensure that disabled people placed in employment are satisfactorily resettled in the economy. 8.5 In order to show exactly what results have been obtained, full and accurate employment statistics should be compiled, showing separately disabled workers placed directly and those placed after undergoing courses of rehabilitation or training. 8.6 In order to achieve the maximum efficiency through co-ordinated action, placement services for disabled people should either be a part of, or maintain the closest possible contacts with, the ordinary employment services and also with the various social and medical services concerned. CONFIDENTIAL CM/Del/Concl(84)375 - a54 - Appendix VI
VIII. SOCIAL REHABILITATION AND INTEGRATION: AUTONOMY, INDEPENDENCE, MOBILITY, ACCESSIBILITY, COMMUNICATION, LEISURE AND HOLIDAYS Whilst recognising that rehabilitation includes provisions to further the autonomy of disabled people and their integration in working life and in society, individual and collective measures should be included and developed in the rehabilitation programme to ensure that they become independent individuals who are able to live as normal and complete a social life as possible, which includes the right to be different. Full rehabilitation means a variety of basic and complementary measures, provisions, services and facilities which can guarantee accessibility both physical and psychological. The adaptation of the urban environment and town planning, access to buildings and housing, transport, communication, leisure pursuits and holidays are factors which should all have a bearing on the goals of rehabilitation. 1. Social rehabilitation and integration of disabled people 1.1 The rehabilitation process should always take account of measures to further the disabled person's autonomy as an individual and/or ensure his economic independence and full integration in society. 1.2 Social counselling, social services, family help and guidance, and possibilities of participation by disabled people themselves and by organisations of and for disabled people should be furthered as basic conditions for attaining integration in full participation and equality. 1.3 Where the nature or severity of the handicap or the age of the person makes occupational resettlement impracticable even in a sheltered workshop, at home or in a special work centre, social, cultural and leisure-time occupations should be provided. 1.4 Specific arrangements should be made during the continuous rehabilitation process to give disabled people the greatest possible degree of independence, so that social and occupational integration problems may be faced at the earliest possible stage. 1.5 These arrangements should include, besides the most appropriate appliances for the disabled people, the availability of technical aids enabling them to pursue their daily personal and occupational activities safely, communicate, move about and engage in sport, cultural or leisure activities. 1.6 The relevant agency should advise disabled people on what is available in these respects in their own country, or, if necessary, on the purchase of suitable appliances or equipment abroad. CONFIDENTIAL - a55 - CM/Del/Concl(84)375 Appendix VI
1.7 To ensure optimal resettlement, public authorities should provide, wherever possible, for the covering of the cost of such appliances or equipment as well as their maintenance and renewal. 1.8 These measures should be justified particularly in connection with the collective provisions listed below: 2. Collective measures Because of the development of technical means to assist the autonomy and integration of disabled people, member States'domestic laws should take into account the following principles: 2.1 Technical aids 2.1.1 Besides the traditional or technical medical appliances designed to compensate the impairment or disability or offset its effects, a considerable range of technical aids is necessary or useful for daily professional activities. 2.1.2 The agency responsible for providing such aids should draw up a list of them so as to inform all the individuals and institutions concerned of their existence. 2.1.3 Particular care should be taken to determine the technical characteristics, prices and resistance to use of each of the technical aids available on the market in order to establish what guarantees are being offered to the disabled users. 2.2 Accessibility 2.2.1 General measures 2.2.1.1 Measures should be taken in order to change people's attitude to the problem of disabled people, with optimum integration being accepted as a social requirement and a human right. 2.2.1.2 The scope of instruction and information given to people in the residential building sector should be widened to cover the problems outlined above and the ways of solving them. The closest co-operation with disabled people would be desirable to this end. 2.2.1.3 Regulations governing the construction of dwellings, public buildings, tourist and leisure establishments and installations used by the public, should include basic standards for their adaptation to the needs of disabled people, such standards being taken into account when granting subsidies. CONFIDENTIAL CM/Del/Concl(84)375 - a56 - Appendix VI
2.2.1.4 The housing policy should aim at autonomy in the life of disabled people, and to this end should : - promote the accessibility of a large variety of housing accommodation: blocks of flats, family homes or community institutions of sheltered housing, etc.; - envisage adaptation measures for existing housing to cater for needs and provide subsidies; - establish these provisions on the basis of education and information of architects and building constructors. 2.2.1.5 The symbol of access devised by Rehabilitation International should be used for indicating the location of special facilities for disabled people. 2.2.1.6 The criteria set out in the technical note appended to this resolution on housing and public buildings and parking facilities should be taken into account in building policies. 2.2.2 Transport Adequate transport facilities are essential in giving disabled people greater independence and choice in their lives. These facilities should be as flexible as possible to meet individual needs. Public transport, individualised transport and community-based transport schemes could all have a contribution to make towards improving disabled people's mobility. Public transport The public transport authorities should be invited: 2.2.2.1 to make possible or facilitate travel by disabled passengers, in order to promote their economic and social integration; 2.2.2.2 in their plans for: - designing or adapting means of public transport including infrastructures, - the building of transport vehicles, - the accessibility of these means of transport and vehicles, to take into account the difficulties experienced by disabled people, and to this end, to ensure co-operation between the administrative departments concerned and organisations representing disabled people. CONFIDENTIAL - a57 - CM/Del/Concl(84)375 Appendix VI
2.2.2.3 to draw the attention of transport companies to: - measures which could be taken at once to make possible or facilitate the use of public transport by disabled people and the importance of transport staff giving them assistance ; - the difficulties and dangers which should be eradicated, reduced or avoided in the various public transport sectors. 2.2.2.4 to promote the development of material or financial aid by public and private organisations for severely disabled people who are virtually unable to make use of public transport and who need to be transported. 2.2.3 Special or adapted means of transport In order to promote out-patient rehabilitation, enable disabled people to live at home and assist those who have difficulty in using public transport because of the nature or severity of their disability, the relevant authorities in each member State should: 2.2.3.1 arrange for the provision according to need of the following equipment ; - two collapsible or non-collapsible wheelchairs (one for indoor, the other for outdoor use) for severely disabled people whose independence of movement is seriously restricted, wherever their physical condition so requires, - either a light vehicle, with or without a motor, particularly suited to the disabled person's condition or, wherever possible, and in preference to any other means of transport, - a car, and/or the essential adapted devices for regular use on the public highway, in the case of disabled people who have been medically certified fit to drive; 2.2.3.2 ensure: - that a medical specialist, either himself or in consultation with the rehabilitation team, decides what type of light vehicle and wheelchair is required by the disabled person, certifies the ability to drive a light vehicle or a car and specifies what devices are necessary for so doing, whether they be prostheses or special fittings for the car, - that whichever organisation provides or facilitates the purchase of the wheelchairs or the light vehicle, with or without a motor, assumes responsibility for the maintenance or replacement costs in accordance with current regulations, CONFIDENTIAL CM/Del/Concl(84)375 - a58 - Appendix VI
- that the same organisation encourages the purchase of the car by means of a financial contribution and assumes responsibility, in whole or in part, for the provision of special fittings to enable it to be driven safely by the disabled person for whom it is intended; 2.2.3.3 make arrangements to issue a driving licence to disabled people provided that their ability to drive is established by a driving test, where necessary in a specially adapted vehicle; 2.2.3.4 if they so desire, fix a speed limit for light motorised vehicles driven by disabled people by reason of the characteristics of this type of vehicle; 2.2.3.5 consider the opportunities offered by door to door community-based transport schemes and the possibilities of involving disabled people in setting them up; 2.2.3.6 encourage close liaison and an exchange of information at international level between national research centres concerned with improving special modes of transport adapted to the user's disabilities. 2.3 Communication With a view to encouraging disabled people to participate as far as possible in the life of society, it would be desirable to adopt all measures allowing them to profit from means of communication: television, radio, press and telephone. Among these measures the following examples may be mentioned: the subtitling of television programmes, induction circuits in public buildings, distribution of documents in Braille, the adaptation of call-boxes. 2.4. Leisure,sport, holidays 2.4.1 Integration measures 2.4.1.1 Social measures 2.4.1.1.1 Leisure time and holiday activities for disabled people should be integrated with ordinary leisure activities. Leisure activities for those with certain types of need could be organised in special clubs as a complement to ordinary leisure activities. 2.4.1.1.2 The participation of disabled people in all cultural, social, political and sports activities should be encouraged. CONFIDENTIAL - a59 - CM/Del/Concl(84)375 Appendix VI
2.4.1.1.3 Sport should be recognised as one of the vital factors in the disabled person's rehabilitation, with particular respect to his integration into society. 2.4.1.1.4 Sports activities for disabled people should therefore be intensified and their further development encouraged by appropriate public relations methods, the training of staff, the planning of sports centres and the promotion of associations concerned with sports activities. 2.4.1.1.5 In accordance with the objective of rehabilitation, appropriate measures should be taken for practising sport in the company of the able-bodied. 2.4.1.1.6 Programmes for the training of leisure and holiday promoters should be adapted in order to allow disabled people to be trained for these careers. 2.4.1.2 Structural measures 2.4.1.2.1 Structural, technical and psychological obstacles which limit the enjoyment of leisure time, sport and holiday possibilities for disabled people should be removed ; in particular, access to buildings, to means of transport and to leisure establishments should be facilitated. 2.4.1.2.2 Disabled people's dwellings should be adapted to their needs in order to give them the possibility of spending their leisure time in conditions which are as normal as possible and in privacy. 2.4.1.2.3 Tourist establishments, sporting facilities and places of entertainment at holiday centres (cinemas, swimming pools, sports grounds, etc), should be planned and equipped to render them accessible to disabled people. 2.4.1.2.4 Psychological barriers and other obstacles to communication between all people, whether disabled or not, should be overcome by means of material aids and through social programmes. 2.4.1.2.4.1 Material aids should include, amongst others, the technical means which enable disabled people : - to take a full part in all leisure activities; - to communicate with the surrounding world through information systems (telecommunications, computers, etc) suitably adapted to needs. CONFIDENTIAL CM/Del/Concl(84)375 - a60 - Appendix VI
2.4.1.2.4.2 Social programmes, undertaken in collaboration between universities, private initiatives, organisations concerned with the rehabilitation of disabled people with particular kinds of need and public authorities, should also endeavour to: - develop individual technical aids to compensate for the disability; - extend adaptations for accessibility to means of transport and communication. 2.4.2 Information measures 2.4.2.1 The general public, disabled people themselves and their families, and those providing services for disabled people should be informed of the existence of: - technical aids and means of communication facilitating participation of disabled people in leisure, sport and holiday activities for all; - leisure and sport facilities, vacation possibilities and holiday resorts specifically adapted for disabled people if needed. 2.4.2.2 An international exchange of information should be encouraged on new initiatives to make it easier for disabled people to organise their leisure time and their holidays. 2.4.2.3 Tourist and leisure guide books should include all possible information on the facilities available for disabled people in tourist establishments (hotels, restaurants, etc) on the accessibility of nearby leisure possibilities for them (swimming pools, cinemas, theatres, etc) and on sport facilities. They should indicate by symbols the accessibility to and in hotels, restaurants and other tourist and cultural establishments. The key to the symbols should be given in several languages. 2.4.2.4 Tourist guide books for special categories of disabled persons could be envisaged whenever necessary preferably as a complement to normal guide books. Ordinary guide books could contain special information for particular kinds of disability. CONFIDENTIAL CM/Del/Concl(84)375 - a61 - Appendix VI
2.4.2.5 National and/or regional information centres should provide disabled people and tourist offices and agencies with information on holiday, leisure and sports possibilities for disabled people at home and abroad. 2.4.2.6 Financial assistance should be envisaged to encourage initiatives to develop and improve tourist, leisure and sport information for disabled people. 2.4.3 Other measures 2.4.3.1 School curricula and physical rehabilitation programmes for disabled children should enable them to become aware of life in society as early as possible in order to motivate them for leisure activities as soon as possible and, if necessary, to adapt their choices to their skills and capacities. 2.4.3.2 Programmes for disabled adults should encourage them to undertake creative and leisure activities, even outside the institution, in order to enable successful social integration. 2.4.3.3 Scientific and technical studies should be carried out to examine more thoroughly specific problems concerning leisure time and holiday facilities for disabled people and, among others, the adaptability of leisure materials to their disability. 2.4.3.4 Specific sporting activities during the rehabilitation process should be planned, introduced or developed, particularly: - when the nature of the impairment or disability calls for changes in the rules of certain sports, in the conditions under which they are practised or the equipment used; - when for psychological reasons, the disabled person has serious difficulty in practising sport with able-bodied people or feels the need for a reassuring environment created by and for disabled people. 2.4.3.5 The practice of sport during the rehabilitation process should be carried out under appropriate medical supervision. 2.4.3.6 The training of staff specialised in leisure, sport activities and holidays for disabled persons should be envisaged. 2.5 Fiscal or tax facilities; customs duties 2.5.1 Disabled people should benefit from a reduction, even from tax exemption when buying technical and prosthetic appliances, their accessories and spare parts which are necessary on account of their disability, in order to facilitate rehabilitation and integration to the utmost. CONFIDENTIAL CM/Del/Concl(84)375 - a62 - Appendix VI
2.5.2 Identical measures should be adopted vis-à-vis customs duty when importing such objects. 2.5.3 Member States should consider gradually extending the possibility of abolishing or reducing such tariffs or duties to other types of technical and technological aids for disabled people. IX. TRAINING OF STAFF 1. Principles 1.1 All those whose duties require them to take action in the technical or administrative areas of rehabilitation should be given adequate training, whether they are involved exclusively in the rehabilitation process or contribute to it through a medical, social or teaching activity. 1.2 The training of staff is to be understood in the widest sense. 1.2.1 It should embrace: - general training, which normally leads to a diploma and forms the basic qualification for the work concerned; - specialised training in rehabilitation. 1.2.2 It should emphasise the following aspects: - introduction or adaptation to the teamwork required by rehabilitation; - introduction to the technique of communication and teaching methods. 1.2.3 It should extend to: - further training and in-service training; - retraining to keep up with technical advances in rehabilitation and technological advances in the various fields of social and economic activity. 1.3 To ensure that rehabilitation is seen as a personalised, single, continuous and co-ordinated process, occupational training courses should be guided by the same specific criteria as rehabilitation programmes for disabled people. 1.4 It is important that the standard of staff should be constantly improved, thanks to better selection, induction courses and further training courses. 1.5 Rehabilitation staff should be made thoroughly conversant with all the social and administrative measures that exist to assist disabled people and with the procedure for setting them in motion; in particular they should be familiar with the different vocational guidance opportunities and the types of work which disabled people can be offered. CONFIDENTIAL - a63 - CM/Del/Concl(84)375 Appendix VI
1.6 There should be very close co-operation between: - the various staff directly involved in rehabilitation; - the various agencies concerned with rehabilitation and employment, such as national, regional and local authorities; - public and private agencies and voluntary organisations concerned with rehabilitation. 1.7 Co-operation between staff, authorities, institutions, and voluntary organisations should be encouraged at national, regional and local level. 1.8 All available means of communication, both traditional and modern, should be used to achieve co-ordination. 2. Practical measures 2.1 Training of medical students and doctors 2.1.1. All medical students should be taught about rehabilitation problems, especially about the need for early diagnosis and treatment and for co-ordination between rehabilitation services and staff. For this purpose: - rehabilitation should be a subject in the basic medical course; - knowledge acquired and performance in this field should be assessed. In addition to the specific aspects mentioned under the heading of "1. principles", the teaching should cover the course of the impairment, disability and handicap, the general concept and process of rehabilitation, as well as methods of diagnosis, prevention and treatment, so that a patient can either be taken fully in charge by a doctor or be referred to a specialist. A sufficient number of teachers specialised in rehabilitation is indispensable for this course. 2.1.2 Doctors ought to acquire a thorough knowledge of rehabilitation, especially if they wish: . to specialise in or devote themselves exclusively to rehabilitation since, whereas an impairment can be treated by any doctor, prevention and treatment in the case of a disability require specialised training and ability to co-ordinate, plan and evaluate a rehabilitation programme; CONFIDENTIAL CM/Del/Concl(84)375 - a64 - Appendix VI
. to enter a branch of social medicine (works doctors, social insurance doctors, doctors co-operating with vocational guidance services, child health surveillance doctors ...); . to specialise in any branch of medicine involving rehabilitation (paediatrics, rheumatology, neurology, orthopaedics, cardiology, pneumology, etc). To the above end the following should be developed: - specific training courses in multi-disciplinary rehabilitation medicine and complementary integrated training courses adapted to each of the above-mentioned types of work; - structures combining medical care, teaching and research, particularly fundamental and clinical research, such as are necessary for the basic training of the different practitioners and for retraining in the clinical, therapeutic and technological sectors, since on them all co-ordinated interdisciplinary action depends; and such structures also as are essential for the training of senior medical care and teaching staff; - the dissemination of information and knowledge in this field backed up by the publication of basic texts and other works. 2.2 Training of non-medical staff 2.2.1 As regards non-medical staff, - basic training courses should cover the concept and methods of rehabilitation and lay emphasis on the importance of teamwork, on patient staff relations and on the need for the patient to take an active part in the treatment; - the training of senior staff for teaching and practice should be developed within the profession ; training should be integrated in the general medical system in order to facilitate the acquisition of a common language and to promote permanent contact and a process of "prescription - treatment - examination - evaluation" in the interest of the patient and of the staff; - in-service (particularly interdisciplinary) training schemes should be encouraged. CONFIDENTIAL - a65 - CM/Del/Concl(84)375 Appendix VI
2.2.2 As regards student nurses and nurses: - rehabilitation should be included in the basic syllabus of nurses' training courses, stress being laid on the need for active participation of the patient; - specific further training courses should be developed for certain categories of nurses, particularly: . those working in specialised rehabilitation institutions, . those working outside hospitals, such as health visitors and district nurses, works nurses, school nurses etc. and for supervisory or teaching staff in or outside hospitals. 2.2.3 As a general rule, each member of the non-medical staff who, through his profession collaborates in medical rehabilitation, should be given a sufficient introduction to the subject and the opportunity not only to be kept informed of recent developments in both his special branch but also in rehabilitation. This might be achieved by including rehabilitation in initial training courses or providing in-service training supplemented by special courses. 2.3 Steps should be taken to facilitate exchanges of rehabilitation staff between member States in order to broaden their knowledge of new methods and techniques. X. HEALTH EDUCATION INFORMATION: DISABLED PEOPLE - PARENTS - EMPLOYERS - PUBLIC STATISTICS - RESEARCH Rehabilitation programmes for disabled people should recognise - the importance of health education and of information, including statistics, in preventing impairments, disabilities and handicaps and assisting in rehabilitation as an individual and collective process; - that medical, educational, technological and/or scientific research plays a major role in promoting rehabilitation in its functions of prevention, improvement of the standard of services offered and achievement of optimum economic and social integration in modern society. 1. Definitions, health education and information machinery 1.1 All medical, social and educational activities relevant to rehabilitation should take account of health education. CONFIDENTIAL CM/Del/Concl(84)375 - a66 - Appendix VI
1.2 The purpose of health education and information in rehabilitation should be to: - prevent impairments as far as possible; - facilitate detection and direct disabled people towards the appropriate services; - inform them about the extent of the rehabilitation process; - encourage them to co-operate actively in their rehabilitation; - inform their families of existing rehabilitation facilities and develop their cooperation and understanding of disabled peoples' needs; - dispel prejudice against disabled people among the public, employers and other workers. 1.3 Since health education fulfils an important function which includes the need for general information on medical, social and educational matters, this chapter deals with information and health education measures. 2. Conditions of health education and information 2.1 Member States should support or publicise, through a co-ordinated health education and information system, the various opportunities for social and economic integration afforded by rehabilitation. 2.2 Health education and information departments and agencies should be organised in a coherent, co-ordinated manner. 2.3 A national health education and/or information centre should be set up to collect and distribute publications and information on the general and specific aspects of the programme for the rehabilitation of disabled people. 2.4 Scientific techniques should be used in the choice of health education and of information themes and methods, and the assessment of the results achieved. CONFIDENTIAL - a67 - CM/Del/Concl(84)375 Appendix VI
2.5 Specific aspects of health education and information which concern the various groups of disabled people should be studied in great detail. 2.6 Great attention should be paid to the training of all persons liable to be concerned with health education and information by introducing into the courses offered to such people the study of general health education methods and specific points connected with the rehabilitation of disabled people. 2.7 All persons liable to be concerned with health education should be supplied with full and objective information and effective audio-visual aids. 2.8 The information media (press, radio, television etc) should be systematically used for health education purposes. 2.9 Progress in health education, information and publication of material should be supplemented by publicity in support of the rehabilitation of disabled people and its translation into concrete terms by their integration. 2.10 Among the above-mentioned means of publicising the main points of the rehabilitation programme, the use of statistics to supplement other information concerning impairments, disabilities, handicaps and rehabilitation should be included. Statistics should provide rehabilitation agencies with information for both internal and external use. 2.11 Information systems should be developed subject to appropriate legal safeguards for collecting complete and relevant data at both regional and national level on all categories of impairments, disabilities and handicaps in order to enable a realistic programme of assistance to be drawn up. 2.12 Knowledge about the type of data necessary (socio-demographic, administrative, medical, social etc) and the means of translating these data into indicators of needs should be developed and built into information systems to serve as a basis for the formulation of a policy. Within this context, it would be fitting to ensure that the measures cover the diverse needs of each category of people suffering from impairments, disabilities and handicaps. 2.13 When developing information systems, member States should aim at achieving comparability of data both at domestic and international level. CONFIDENTIAL CM/Del/Concl(84)375 - a68 - Appendix VI
For this purpose, member States should: a. develop the necessary co-ordinating machinery in order to ensure that information systems are built up and developed on the basis of common concepts; b. harmonise existing national systems; c. apply the provisions of their domestic laws regarding data protection, or in the absence of such provisions, take the necessary measures to protect the rights and interests of the persons concerned. 2.14 Data collection projects should be accompanied: a. by the means to make the public, disabled people and all those concerned with their rehabilitation and welfare understand how important it is that they provide complete and accurate information; and b. by the means to make the aggregate data and results available to them. 3. Fields of health education and information The application of the above-mentioned principles of health education and information should be extended to all the fields of community life with which rehabilitation is gradually becoming involved and should concern, generally or individually, disabled people, their parents, rehabilitation technicians, employers and all agencies, institutions or organisations whose function is to provide services, co-operate in the rehabilitation programme or actively promote integration. These fields cover: 3.1 The cause and nature of disabilities 3.1.1 The public should be informed by the appropriate means about the nature and repercussions of disabilities. In this connection, it would be advisable to organise campaigns to inform the general public and make them aware of the problems and the potentials of disabled people. 3.1.2 Health education for all those involved in rehabilitation should concentrate on the specific problems raised by the disability in question and be backed by appropriate information and publicity methods. 3.1.3 The attention of the general public and of health staff should be drawn to the importance of early detection of incipient disorders or abnormalities which, if not dealt with in time, may result in long periods of impairment and diminished chances of rehabilitation. CONFIDENTIAL - a69 - CM/Del/Concl(84)375 Appendix VI
3.1.4 The findings of surveys to determine the frequency of various disorders may prove extremely useful to the authorities responsible for planning health programmes. 3.2 Prevention 3.2.1 The public should be informed, for preventive purposes, about potential causes of impairments and disabilities and existing measures to reduce their effects. 3.2.2 Among the practical preventive measures applied, special attention should be paid to: - the importance of prenatal consultations which should be made readily accessible to all pregnant women, eg by flexible arrangement of working hours and/or consultation times; - support for families with children suffering from chronic diseases who can be prevented from becoming disabled only by thorough and constant treatment. Technical and psychological support should be provided but in certain cases, financial aid should also be given if the treatment, whatever its type (diet, medication, etc) is exceptionnally costly and inadequately refunded by social security schemes. This support should be independent of any previous attribution of a disablement rate, which in any case is always difficult to determine for a child. This financial support should not increase the burden on public finance, as needs may no doubt be met merely by transferring certain sums without exceeding currently available resources. 3.2.3 Should malformations or disorders appear on a massive scale, an international exchange of information by way of statistics would pave the way for speedy concerted action to reduce their impact and prevent after-effects. 3.3 Detection and identification of disabilities with a view to rehabilitation 3.3.1 Public attention should be drawn to the importance of the early detection of abnormalities, diseases, injuries and disorders for the speedy initiation of the rehabilitation process. 3.3.2 To secure full, up-to-date information on disorders and disabilities as soon as possible, health authorities should store their statistical information in a uniform way comparable with that of other countries. The circulation of the data thus collected should provide health or rehabilitation authorities and agencies with the information they need to draw up their programmes and plan rehabilitation facilities. CONFIDENTIAL CM/Del/Concl(84)375 - a70 - Appendix VI
To this end, member States should: - encourage the collection for planning purposes of statistics, indicating as far as possible the nature and severity of disabilities, not only their existence; - make use, in collecting statistics, of the findings of preventive examinations, school medical and psychological check-ups and periodical examinations; - make all those involved in rehabilitation, and particularly doctors, aware of the need for their voluntary co-operation in the detection of disabilities and the assessment of the disabled person's needs and abilities; - make the best possible arrangements for co-operation between detection and rehabilitation services and encourage the exchange of information on people in need of rehabilitation, bearing in mind that the utmost discretion should be exercised in the exchange of personal medical information; - give disabled people and those charged with their care technical and practical information on available detection and health care facilities. 3.4 Rehabilitation and the techniques called for 3.4.1 The introduction of a complete, uniform system of statistics should enable rehabilitation agencies to fulfil their information function: - vis-à-vis disabled people and all those charged with their care by supplying technical and practical information on existing rehabilitation facilities and benefits; - vis-à-vis all the individuals and agencies directly concerned or interested by supplying them with regular lists of what is available, services and aids available in the various fields of rehabilitation, so as to build up an overall picture of the number, nature and structure of rehabilitation provisions, the services offered under the programme and the effectiveness of the means being used. 3.4.2 The information programme set up under this system should seek: - to make disabled people themselves, their families, the working world and the general public sufficiently aware of the rehabilitation facilities that exist and what they can achieve; CONFIDENTIAL - a71 - CM/Del/Concl(84)375 Appendix VI
- to provide information about non-specialist rehabilitation techniques which can help overcome a disability and can be used by e.g. the person himself or his family; - to draw attention to observations on the application of the rehabilitation programme to specific types of disabled people; - to intensify efforts to supply information and documentation to all persons engaged in rehabilitation especially health care staff and social welfare and placement services; - to inform family doctors, school doctors, social workers and teachers of the facilities for physical and psychological assessment, treatment and special education available to children; - to keep all staff in charge of rehabilitation informed of progress in rehabilitation techniques and improvements in facilities; - to publish in each country a rehabilitation periodical of a sufficiently general nature to arouse the interest of the professionals concerned, disabled people and the public; - to improve the co-ordination of the information documentation and publicity work done by the various public and private rehabilitation agencies; - to encourage the various countries to exchange publications, leaflets, films or other material (at any rate, the most typical among them) produced for information or publicity purposes. 3.5 Appliances Because of the rapid progress of orthopaedic techniques as regards both materials and limb-operating devices, exchanges of surgical, medical and prosthetic information and experience between central bodies in member States should be promoted and extended. 3.6 Integration at school Health education and information should aim at: - dispelling the fears and prejudices which teachers, classmates, parents and the general public might have concerning the integration of disabled children at school; CONFIDENTIAL CM/Del/Conc(84)375 - a72 - Appendix VI
- informing the public in general and teachers in particular of the advantages of integrating disabled children in an ordinary school environment; - informing teachers about the contribution they can make to the rehabilitation programme and the means they can use to this end. 3.7 Rehabilitation into working life Health education and information in this area should seek: - to dispel fears and prejudices among employers, fellow-workers and the public about the employment of disabled people; - to inform the public in general, and employers in particular, including those in the public sector, of the advantages of resettling disabled people in working life; - to solve the problem posed by the placement of disabled people, either by keeping employers constantly informed of the working capacities of rehabilitated employees or by notifying them of the steps taken by the authorities to impose obligations to employ disabled persons, offer incentives to employ or reserve certain jobs for them; - to make clear to employers how they can help to rehabilitate disabled people and resettle them in employment; - to inform employers about the contribution they can make to the rehabilitation programme and the means they can use to that end. 3.8 Social rehabilitation The participation expected of the community in order to ensure the optimum integration of disabled people should call for the following measures with respect to information: 3.8.1 Construction norms The basic structural norms which allow disabled persons access to buildings should be incorporated in building regulations. 3.8.1.1 Buildings Faculties of architecture and town planning, building sector schools, employers' associations and building authorities should be informed of the measures called for to ensure and further facilitate access to: - all buildings and facilities used by the public; - car parks. CONFIDENTIAL - a73 - CM/Del/Concl(84)375 Appendix VI
3.8.1.2 Housing Training courses and information for all persons involved in housing programmes should be extended to cover the study of access problems and their possible solutions. 3.8.2 Transport 3.8.2.1 Encouragement should be given to international exchange of suggestions, views and experience in regard to the nature of the vehicles to be made available to disabled persons and the means of control of such vehicles. This also applies to public transport and its accessibility to disabled people. 3.8.2.2 Vehicle manufacturers, disabled persons' organisations and rehabilitation agencies should be officially associated with this comparative study. 3.8.3 Leisure, sport, holidays 3.8.3.1 Information measures 3.8.3.2 The general public, the disabled people themselves and their families and institutions for disabled people should be informed of the existence of: - technical aids and means of communication facilitating participation by disabled people in leisure, sports and holiday activities for all; - leisure and sports facilities, vacation possibilities and holiday resorts specifically for disabled people. 3.8.3.3 An international exchange of information should be encouraged on new initiatives to make it easier for disabled people to organise their leisure time and their holidays. 3.8.3.4 Tourist and leisure guide books should include all possible information on the facilities available for disabled people in tourist establishments (hotels, restaurants, etc), on the accessibility of nearby recreation possibilities for them (swimming pools, cinemas, theatres, etc) and on sports facilities. They should indicate by symbols accessibility for disabled people at hotels, restaurants and other tourist and cultural establishments. The key to the symbols should be given in several languages. 3.8.3.5 Tourist guide books for disabled people with particular needs could be envisaged whenever necessary, preferably as a supplement to normal guide books. Ordinary guide books could contain special information for groups with particular needs. CONFIDENTIAL CM/Del/Concl(84)375 - a74 - Appendix VI
3.8.3.6 National and/or regional information centres should provide disabled people and tourist offices and agencies with information about holiday, leisure and sports possibilities for disabled people at home and abroad. 3.8.3.7 Financial assistance should be envisaged to encourage schemes to develop and improve tourist, leisure and sports information for disabled people. 4. Research 4.1 Steps should be taken to promote research into the problems posed by impairments, disabilities and handicaps and to collect the relevant statistics. 4.2 Close liaison and the exchange of information at national and international levels should be encouraged between research centres and services concerned with the rehabilitation of disabled persons. TECHNICAL NOTE ON THE CRITERIA ON HOUSING, PUBLIC BUILDINGS AND PARKING FACILITIES (see VIII, item 2.2.1.6)
1. Surrounding areas 1.1 The entrance at street level should be wide enough to permit the passage of wheelchairs. 1.2 Differences in carriageway and pavement level should be avoided as far as possible. If unavoidable, perpendicular differences in level of up to 2 cm are permissible. Greater differences should be eliminated by ramps complying with the following standards: - from 2 to 9 cm, maximum gradient 1:5; - from 9 to 37 cm, maximum gradient 1:8 (in this case, two hand rails should be mounted to enable wheelchair users to pull themselves up); - up to 75 cm, maximum gradient 1:12, preferably 1:20. 2. Housing and public buildings 2.1 Given the width of wheelchairs, the width of free passages should be at least 80 cm and preferably 85 cm (especially in the case of doors). CONFIDENTIAL - a75 - CM/Del/Concl(84)375 Appendix VI
2.2 For dealing with indoor level differences, lifts should be installed, capable of receiving a wheelchair and of being operated by the wheelchair user. Doors and cages should be sufficiently wide (the cage should have a minimum length of 1.50 m and a minimum width of 1.20 m, the door of the cabin should be at least 0.90 m. wide; at stops on each floor there should be an automatic levelling system so that the cabin is on a level with the floor; the inside and outside doors should slide sideways automatically; the outside and inside control panels should have the highest button at a maximum height of 1.20 m from the ground; an interphone system should be installed in the cabin in addition to the alarm bell and placed at a maximum height of 1.20 m). 2.3 At the top and bottom of ramps there should be a level area of at least 150 cm in length. 2.4 Staircases should be straight with broad steps to allow the use of crutches. "Open" staircases should be avoided. 2.5 Handrails should be provided whenever possible; on a very wide staircase a handrail should be put in the middle. They should be designed in such a way as to offer real support and an easy grip (maximum height 0.90 m). A second handrail should be provided for children. 2.6 For blind people, who usually find their way by means of handrails, these should stretch the whole length of the stairs without any break at landings. 2.7 A wheelchair user wishing to get into or out of his chair by himself should be able to rely on such aids as handles, wall fixtures etc. Independence in sanitary matters can be achieved by providing at least one toilet and bathroom with sufficient manoeuvering space and ensuring that support fixtures are installed properly and in the right places. Entrance halls and corridors should have a minimum width of 1.40 m. 2.8 A wheelchair's turning circle determines the manoeuvering space required in rooms, lifts and circulation areas. A complete turn requires a circle of a diameter of 150 cm. For lateral wheelchair movements a width of 140 cm should be available. The approach to a door in a side wall of a corridor calls for a minimum width of 140 cm. If a door is located at the end of a corridor there should be a minimum space of 50 cm between the door-frame and the side wall. An area of this size is absolutely essential in rooms with doors opening inwards. 2.9 There should be level entrances and non-slip covering for staircases, ramps and corridors. CONFIDENTIAL CM/Del/Concl(84)375 - a76 - Appendix VI
2.10 The lower shoulder level and the greater pelvic fixation caused by the wheelchair-user's sitting position reduce both his horizontal and vertical range, the latter being between 30 cm and 140 cm above floor level. Therefore switches and other controls should be 70-140 cm, preferably 90 cm above floor level. 2.11 Since a handicapped person's knees and the arm-rests of a wheelchair are at fixed levels, the lower surface of work tables or draining boards should be at least 68 cm and the upper surface 80-85 cm above floor level. For a right-angled approach to cupboards and refrigerators, etc, the space available for footrests should be at least 15 cm deep and 30 cm high. 2.12 The lower eye level of a wheelchair user when seated places limitations on the height of windows and of the solid portions of balcony balustrades etc. 2.13 Provisions for an alarm system should be made. 2.14 Part of all housing accommodation should be designed so as to be easily adaptable to the needs of disabled people and without structural changes being necessary. 3. Special measures for certain public buildings 3.1 In post offices, theatres, banks, stations, etc, there should be outside or inside counters at an appropriate height for wheelchair users. 3.2 At booking offices there should be sufficient space between ticket windows and barriers: in stations, sports grounds etc there should also be sufficient space at the exits. 3.3 In cinemas, theatres etc there should be room for people in their own wheelchairs. 3.4 In public baths there should be facilities specially designed to meet the needs of wheelchair users. 3.5 On staircases, ramps and in corridors in primary and secondary schools, provision should be made for a lower handrail at a height proportionate to the average age of the users, in addition to the normal rail at the standard height of 0.90 m. In order to meet with the special problems of persons suffering from an ocular or aural impairment, sound and light signals should be installed for their guidance. 3.6 Telephone booths in all buildings and facilities accessible to the public should be sufficiently wide (minimum 1.20 x 1.20 m) and the telephone should be on the wall opposite the entrance at an appropriate height (a maximum of 0.90 m above the floor). CONFIDENTIAL - A77 - CM/Del/Concl(84)375 Appendix VI
4. Parking facilities 4.1 In public car parks and parking lots on the public highways, areas should be set aside for cars designed for use by disabled people. There should be enough space for a wheelchair to be got out of the car (minimum width 3 m divided into two functional areas: the first with a minimum width of 1.70 m for the space taken up by the car and the second with a minimum width of 1.30 m to permit the wheelchair user to move freely when getting into or out of the car). 4.2 The area of the car park set aside and the disabled people's disability-adapted cars should display the appropriate international sign.
CONFIDENTIAL - a79 - CM/Del/Concl(84)375 Item 46
APPENDIX VII (item 46)
DECISION NO CM/342/250984
Ad hoc terms of reference 1. Name of relevant committees: STEERING COMMITTEE ON THE MASS MEDIA (CDMM) COUNCIL FOR CULTURAL CO-OPERATION (CDCC) 2. Source of terms of reference: Committee of Ministers 3. Completion date: January 1985 (CDMM) March 1985 (CDCC) 4. Terms of reference: To formulate opinions on Resolution No. I, on culture and communications technology, and on Resolution No. V, on the distribution of video-cassettes portraying violence and brutality, adopted by the Fourth Conference of European Ministers responsible for Cultural Affairs (CM(84)129). The opinions of the CDMM should be transmitted to the CDCC so that the latter can take them into account in the formulation of its opinions on the subject. 5. Other committee(s) to be informed of terms of reference -
CONFIDENTIAL - a81 - CM/Del/Concl(84)375
APPENDIX VIII (item *47) RECOMMENDATION NO R(84)18 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES ON THE TRAINING OF TEACHERS IN EDUCATION FOR INTERCULTURAL UNDERSTANDING, NOTABLY IN A CONTEXT OF MIGRATION (1) (adopted by the Committee of Ministers on 25 September 1984 at the 375th meeting of the Ministers' Deputies') The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe, 1. Having regard to the European Cultural Convention; 2. Recalling: - its Resolution (70)35 on "School education for the children of migrant workers", - its Declaration regarding "Intolerance - a threat to democracy" (14 May 1981); 3. Bearing in mind Resolution 1 (1983) of the Standing Conference of European Ministers of Education, on "Migrants' education"; 4. Noting Recommendation 786 (1976) of the Consultative Assembly of the Council of Europe on "The education and cultural development of migrants"; 5. Considering that the societies with multicultural features created in Europe by the population movements of recent decades are an irreversible and generally positive development, in that they may help to further closer links between the peoples of Europe as well as between Europe and other parts of the world; 6. Considering that flourishing relations in all fields require a fuller understanding of the cultures and ways of life of other peoples, as well as, in the event, of their common cultural heritage; 7. Considering that the presence in schools in Europe of millions of children from foreign cultural communities constitutes a source of enrichment and a major medium and long-term asset, provided that education policies are geared to fostering open-mindedness and an understanding of cultural differences;
(1) When this Recommendation was adopted, the Representative of the United Kingdom, in application of Article 10.2.c of the Rules of Procedure for the meetings of the Ministers' Deputies, reserved the right of her government to comply with it or not. CONFIDENTIAL CM/Del/Concl(84)375 - a82 - Appendix VIII
8. Considering the essential role of teachers in helping such pupils to integrate into school and society as well as in developing mutual understanding; 9. Considering it is necessary to prepare teachers for this important task; 10. Considering that, in order to fulfil this task, the training given to teachers should equip them to adopt an intercultural approach and be based on an awareness of the enrichment constituted by intercultural understanding and of the value and originality of each culture; 11. Considering that this intercultural approach should be adopted by all teachers in host countries and countries of origin alike, because it concerns all children; 12. Considering, too, that teachers issuing from migrant populations are particularly suited to creating with their pupils an educational process which takes account of the interaction of the features of their cultures of origin and of their host milieu, I. RECOMMENDS A. that the governments of member States (within the context of their educational and legislative systems and their policies and available resources) 1. make the intercultural dimension and the understanding between different communities a feature of initial and in-service teacher-training, and in particular: 1.1 train teachers in such a way that they - become aware of the various forms of cultural expression present in their own national cultures, and in migrant communities; - recognise that ethnocentric attitudes and stereotyping can damage individuals and, therefore, attempt to counteract their influence; - realise that they too should become agents of a process of cultural exchange and develop and use strategies for approaching understanding, and giving due consideration to other cultures as well as educating their pupils to give due consideration to them; CONFIDENTIAL - a83 - CM/Del/Concl(84)375 Appendix VIII
- become aware of social exchanges existing between the country of origin and the host country not only in the cultural field but also in their historical dimension; - become conscious of the economic, social, political and historical causes and effects of migration; - become conscious too of the fact that the active participation of migrant children in two cultures and their access to intercultural understanding depend, to a great extent, on conditions of stay, work and education in the host country; 1.2 put at the disposal of student teachers and teachers all useful information on the cultures of countries of origin (for host countries) and of the host countries (for countries of origin); 1.3 make teachers and pupils more receptive to different cultures by, inter alia, incorporating into teacher training the use of authentic materials (1) and artefacts in the classroom and thus enabling them to see their own culture in a new light; 1.4 help student teachers and teachers to understand and appreciate educational approaches other than those in their own countries; 1.5 make student teachers and teachers aware of the importance of direct contacts between school and parents (especially migrants) and train them to establish and maintain such contacts; 2. to encourage the development and use of appropriate materials to support the intercultural approach in the training of teachers and in school in order to give a 'truer' image of the different cultures of their pupils; 3. as far as possible, encourage the setting-up of 'intercultural resource centres' in which documents, information and various teaching aids relating to the different cultures concerned would be available, or encourage existing resource centres to act as such;
(1) Any objects or documents which are in common use. CONFIDENTIAL CM/Del/Concl(84)375 - a84 - Appendix VIII
4. where appropriate encourage the holding of national and international seminars and courses on the intercultural approach to education for teachers, teacher trainers, administrators and other persons involved in teacher training, including welfare and labour officers who have close professional relations with migrant families; 5. encourage the setting up of common in-service teacher training courses for both host country and country of origin teachers as well as the training of teachers from the migrant community itself; 6. where appropriate foster exchanges of student teachers, teachers and teacher trainers in order to promote better knowledge and understanding of different cultures and education systems; 7. promote the circulation of the material on intercultural education and training developed under the auspices of the Council of Europe; B. that the governments of countries of origin: 1. provide teachers, before they leave to teach abroad, with sufficient knowledge of the language, culture and way of life of the host society; 2. prepare these teachers to take account of the fact that teaching their mother tongue to migrants' children in host countries requires an appropriate methodology and to act accordingly; 3. prepare these teachers to act also as intermediaries between school and parents in host countries; 4. pay attention, in teacher training, to the educational problems, including linguistic ones, that can face migrant pupils should they return to the country of origin during their schooling; C. that the government of host countries: 1. include, in teacher training, appropriate preparation for teaching the host language in a more effective way to children of other linguistic backgrounds and for better understanding the behaviour of pupils from countries where the culture and way of life differ from the host society; CONFIDENTIAL - a85 - CM/Del/Concl(84)375 Appendix VIII
2. where appropriate, to endeavour to promote suitable opportunities for student teachers and teachers to acquire a basic knowledge of one of the languages of the countries of origin and to reflect upon this learning process, in order to open their minds to another culture and give them a better understanding of the difficulties experienced by migrant children; 3. where appropriate, give attention to the status of teachers from countries of origin, in accordance with national legislation, and to their role in the school community; 4. offer country of origin teachers training opportunities that will enhance their knowledge and understanding of the language, culture, way of life and education system of the host country; 5. encourage, concurrently, the recruitment of teachers from the migrant community to develop, in school curricula, a pedagogy which integrates cultural and linguistic elements of the country of origin in relation to the history of immigration and the culture of the host society; II. INSTRUCTS the Secretary General to transmit this Recommendation to the governments of those states party to the European Cultural Convention which are not members of the Council of Europe.
CONFIDENTIAL - a87 - CM/Del/Concl(84)375 APPENDIX IX (item 49) RECOMMENDATION NO. R(84)19 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES ON THE "EUROPEAN ANTI-DOPING CHARTER FOR SPORT" (adopted by the Committee of Ministers on 25 September 1984 at the 375th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 15(b) of the Statute of the Council of Europe, Recalling its Resolution (67)12 on the 'Doping of Atheletes' and Recommendation (79)8 on 'Doping in Sport'; Bearing in mind the Resolution on Doping and Health adopted at the 2nd Conference of European Ministers responsible for Sport, in London in 1978; Emphasising that the use of doping agents is both unhealthy and contrary to the ethical values of sport and thus undermines the main purposes for which sport is supported financially by public authorities; Concerned that the use of doping agents is becoming more common and spreading to more forms of sport and that ever younger sportsmen and sportswomen use them; Considering that governments have a general responsibility to counter the use of doping in sport; Considering that doping in sport is a part of the problem of drug abuse in society; Stressing that the elimination of this problem will require common action by public authorities and sports organisations, each acting within the sphere of its own responsibilities; Esteeming that a statement of principles on the roles of each partner will make a timely contribution to further endeavours in the anti-doping campaign, and that the text adopted by the European Ministers responsible for Sport at their 4th Conference, in Malta in 1984, under the title of the "European Anti-Doping Charter for Sport" is such a statement of principles, I. Recommends the governments of member States: 1. to take the action set out in Part A of the Appendix to this Recommendation; CONFIDENTIAL CM/Del/Concl(84)375 - a88 - Appendix IX
2. to take, in co-operation with the sports organisations, the action set out in Part B of the Appendix to this Recommendation; 3. to distribute this Recommendation and its explanatory memorandum widely amongst all sports organisations and other interested parties; II. Instructs the Secretary General to transmit this Recommendation to the governments of States party to the European Cultural Convention who are not member States of the Council of Europe; III. Instructs the Secretary General to transmit this Recommendation to international sports organisations. CONFIDENTIAL - a89 - CM/Del/Concl(84)375 Appendix IX
Appendix to Recommendation No. R(84)19 EUROPEAN ANTI-DOPING CHARTER FOR SPORT
PART A: THE GOVERNMENTS OF MEMBER STATES SHOULD: 1. Take all appropriate steps falling within their competence to eradicate doping in sport and in particular: 1.1 to ensure that effective anti-doping regulations are implemented: for example, by applying the provisions of appropriate legislation in member States where it exists or by obliging sports organisations which have not yet done so to adopt and apply effective anti-doping regulations, eg by making it a condition for receiving public subsidies; 1.2 to co-operate at international level: a. in measures designed to reduce the availability of doping agents; b. in facilitating the carrying out of official doping controls decided on by international sports federations; 2. Set up and run, either individually or collectively, doping control laboratories of a high technical standard. The creation and operation of high class doping control laboratories should include provision for the training and retraining of qualified staff and for an appropriate research programme. These laboratories should be of such a standard that they can be recognised, accredited and verified at regular intervals by the competent international sports organisations, especially in so far as such laboratories may be used for doping controls at international sports events held on the territory of the member State. 3. Encourage and promote research in doping control laboratories into analytical chemistry and bio-chemistry, and subsequently help with the publication of the results of research in order to disseminate such knowledge; and make suitable arrangements for the adoption of techniques, standards and policies as research shows to be necessary. CONFIDENTIAL
CM/Del/Concl(84)375 - a90 - Appendix IX
4. Devise and implement educational programmes and campaigns from school-age onwards drawing attention to the dangers and unfairness of doping and promoting the proper ethical and physical values of sport; and support the design of properly constructed physiological and psychological training programmes which would encourage the continual search for improved performances without using artificial aids or harming the participant's organism. 5. Assist with the financing of doping controls. PART B: THE GOVERNMENTS OF MEMBER STATES SHOULD OFFER THEIR CO-OPERATION TO THE SPORTS ORGANISATIONS, SO THAT THE LATTER TAKE ALL MEASURES FALLING WITHIN THEIR COMPETENCE TO ERADICATE DOPING 6. Sports organisations should be encouraged: 6.1 to harmonise their anti-doping regulations and procedures, based on those of the International Olympic Committee and the International Amateur Athletic Federation, and ensure that these regulations provide for an adequate protection of the rights of sports participants accused of contravening the anti-doping regulations, including the right to a fair examination in the proceedings which may lead to penalties being imposed; 6.2 to harmonise their lists of banned substances, based on those of the International Olympic Committee, and making appropriate provision for the specific anti-doping requirements of each sport; 6.3 to make full and efficient use of the facilities available for doping controls; 6.4 to include a clause in their regulations whereby, in order to be considered to be eligible to take part in any official event of that sports organisation or federation, an athlete would agree to submit at any time to any doping control decided on by an official properly and duly authorised by that federation or its superior federation; 6.5 to agree on similar and substantial penalties for sportsmen or women caught using doping substances and for any other person providing, administering or facilitating the use of doping substances; 6.6 to recognise that unduly high performance levels required in some events might result in the temptation to use drugs. CONFIDENTIAL - a91 - CM/Del/Concl(84)375
APPENDIX X (item 49) DECISION NO. CM/343/250984
Ad hoc terms of reference 1. Name of relevant committee: COMMITTEE FOR THE DEVELOPMENT OF SPORT (CDDS) 2. Source of terms of reference: Committee of Ministers 3. Completion date: 31 December 1986 4. Terms of reference: To take account of the Resolutions adopted at the 4th Conference of European Ministers responsible for Sport (CM(84)142) when deciding on the future work programme of the CDDS to be financed by the Sports Fund and when preparing its contribution to the 3rd Medium-Term Plan. 5. Other committee to be Committee on the informed of terms of Rehabilitation and the reference: Resettlement of the Disabled (Partial Agreement) (CD-P-RR)
CONFIDENTIAL/CONFIDENTIEL - a93/A99 - CM/Del/Concl(84)375 APPENDIX XI/ANNEXE XI (item 62f) (point 62f) DAILY SUBSISTENCE ALLOWANCE RATES AS FROM 1st JULY, 1984 TAUX D'INDEMNITES JOURNALIERES A COMPTER DU ler JUILLET 1984
Country Group Rates - Taux Local currency Pays Groupes AT - AU AT - AU Monnaie locale 1.I.1984 1.VII.1984 (0) (00) (1) (2) (3) Australia I 102.30 102.50 Australian dollars Australie II 94.60 94.80 Dollars australiens III 83.90 84.10
Austria I 1520 1520 Autriche II 1405 1405 Schillings III 1245 1245
Belgium I 3430 3500 Belgian francs Belgique II 3170 3240 Francs belges III 2810 2870
Luxembourg I 3360 3440 Lux. Francs II 3110 3180 Francs Lux. III 2760 2820
Canada I 108.20 110.70 Canadian dollars II 100.10 102.40 Dollars canadiens III 88.70 90.80
Cyprus I 29.30 29.30 Cyprus pounds Chypre II 27.10 27.10 Livres cypriotes III 24.00 24.00
Denmark I 723 727 Danish Kroners Danemark II 669 672 Couronnes danoises III 593 596
Finland I 510 520 Finnish Marks Finlande II 472 481 Marks finlandais III 418 426
France I 575 578 French francs Paris II 532 535 Francs français III 472 474
France I 536 550 French francs Strasbourg II 496 509 Francs français III 440 451 W/0030A, L/0018 CONFIDENTIAL/CONFIDENTIEL CM/Del/Concl(84)375 - a94/A100 - Appendix XI/Annexe XI DAILY SUBSISTENCE ALLOWANCE RATES AS FROM 1st JULY, 1984 TAUX D'INDEMNITES JOURNALIERES A COMPTER DU ler JUILLET 1984
Country Group Rates - Taux Local currency Pays Groupes AT - AU AT - AU Monnaie locale 1.I.1984 1.VII.1984 (0) (00) (1) (2) (3) France I 495 523 French francs Elsewhere II 458 484 Francs français Autres villes III 406 429
Germany I 212 212 Deutschmarks Allemagne II 196 196 Deutsche Marks III 174 174
Greece I 4840 5350 Drachmae Grece II 4475 4950 Drachmes III 3970 4390
Iceland I 2146 2339 Icelandic kronas Islande II 1985 2164 Couronnes islan- III 1760 1918 daises
Ireland I 65.90 65.90 Irish pounds Irlande II 61 61 Livres irlandaises III 54 54
Italy I 125700 130100 Lire Italie II 116300 120300 Lires III 103000 106700
Japan I 27800 28900 Japon II 25700 26700 Yens III 22800 23700
Malta I 29.30 29.40 Maltese Pounds Malte II 27.10 27.20 Livres maltaises III 24 24.10
Netherlands I 203 211 Guilders Pays-Bas II 188 195 Florins III 166 173
Norway I 673 682 Norwegian Kroner Norvège II 623 631 Couronnes norvé- III 552 559 giennes CONFIDENTIAL/CONFIDENTIEL - a95/A101 - CM/Del/Concl(84)375 Appendix XI/Annexe XI DAILY SUBSISTENCE ALLOWANCE RATES AS FROM 1st JULY, 1984 TAUX D'INDEMNITES JOURNALIERES A COMPTER DU ler JUILLET 1984
Country Group Rates - Taux Local currency Pays Groupes AT - AU AT - AU Monnaie locale 1.I.1984 1.VII.1984 (0) (00) (1) (2) (3) New Zealand I 101.30 101.90 N.Z. Dollars Nouvelle- II 93.70 94.30 Dollars N.Z. Zélande III 83.10 84.60
Portugal I 5970 6430 II 5520 5950 Escudos III 4895 5270
Spain I 8710 8910 Espagne II 8060 8240 Pesetas III 7140 7310
Sweden I 681 715 Swedish kroners Suède II 630 661 Couronnes suédoises III 558 586
Switzerland I 189 190 Swiss francs Suisse II 175 176 Francs suisses III 155 156 Turkey I 16175 20250 Turkish pounds Turquie II 14960 18730 Livres turques (Ankara, Istanbul, III 13265 16610 Izmir) Turkey I 17970 Turkish pounds Turquie II - 16620 Livres turques (Autres- III - 14740 Elsewhere) United Kingdom I 56.50 58.60 Pounds sterling Royaume-Uni II 52.30 54.20 Livres sterling III 46.30 48.10 United States I 125.70 128.20 Etats-Unis II 116.30 118.60 Dollars (New-York) III 103.10 105.10 United States I 110 112.30 Etats-Unis II 101.80 103.90 Dollars (Autres- III 90.20 92.10 Elsewhere) Yugoslavia I 6785 6910 Yougoslavie II 6275 6390 Dinars III 5565 5670