COUNCIL CONSEIL
OF EUROPE DE L'EUROPE
COMMITTEE OF MINISTERS
CONFIDENTIAL CM/Del/Concl (90) 447
Conclusions
447tof h Meeting of the Ministers' Deputiethes
held in Strasbourg on 14 and 15 November 1990
Strasbourg 447th meeting - Nov. 1990
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CM/Del/Concl(90)447
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SUMMARY
Page
1. Adoption of the Agenda 11
Political and General Policy Questions
2. Political aspects of European co-operation and of current international events 13
3. Relations with countries of Central and Eastern Europe 15
4. Committee of Ministers - Follow-up to the 87th Session (6 November 1990) 23
5. Structures of European co-operation - Assembly Recommendation 1129 27
6. Draft Intergovernmental Programme of Activities for 1991 29
7. Situation in Cyprus 47
Human Rights and Mass Media
8. Cases pending before the European Commission of Human Rights - Written Question No. 329 by Mr Bruton 49
9. Creation of a Council of Europe/European Cinema and Television Office (ECTO) Liaison Committee 51
Legal Questions
10. Condition of transsexuals - Assembly Recommendation 1117 53
Environment and Local Authorities
11. Destruction of tropical forests - Written Question No. 327 by Mr. Bruton 55
Press and Information
12. Graphic style of the Council of Europe 57
Administrative Questions
13. Preparation of forthcoming meetings 59
Any other business
14. Reform of Co-ordination (of staff remuneration) - Draft Regulations concerning the Co-ordination System 61 CONFIDENTIAL
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APPENDICES
APPENDIX 1 447th MEETING OF THE MINISTERS' DEPUTIES (Strasbourg, 14 (9.30 am) - 16 November 1990 - A level) AGENDA a1
APPENDIX 2 449th MEETING OF THE MINISTERS' DEPUTIES (Strasbourg, 26 November (3 pm) - 30 November 1990 (Budget) - A level, 3 December (3 pm) - 4 December 1990 - B level, 5 December (10.15 am) - 7 December 1990 - A level DRAFT AGENDA a3
APPENDIX 3 DECISION No. CM/496/161190 (item 10) Ad hoc terms of reference - CDCJ a9
APPENDIX 4 DECISION No. CM/497/161190 (item 10) Ad hoc terms of reference - CDDH all
APPENDIX 5 Regulations concerning the Co-ordination System a13 (item 14) 447th meeting - Nov. 1990
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The 447th meeting of the Deputies opened at A level at 9.30 am on Wednesday, 14 November 1990 under the Chairmanship of Mr F. Fernandez Ordoñez, Minister for Foreign Affairs of Spain and Chairman of the Committee of Ministers. It continued from 11 am the same day under the Chairmanship of Mr J.M. Lacleta, Deputy for the Minister for Foreign Affairs of Spain.
PRESENT
AUSTRIA Mr E. Buttenhauser Miss E-M. Koprolin
BELGIUM Mr R. Van Crombrugge Miss C. Taquet
CYPRUS Mr M. Hadjimichael
DENMARK Mr E.V. Quaade Mrs K. Marcus
FINLAND Mr D. Vitzthum Mrs U. Väistö Mr P. Hyvönen
FRANCE Mr P. de Boisdeffre Mr S. Hofmann Mr J. Marguerite Mr R. Guibert
GERMANY Mr C. von Schubert Mr K. Praller Mrs G. Steinacker
GREECE Mr S. Konstantopoulos Mr J. Corantis Mr L-A. Ambatis Miss N.N.E. Vraïla
HUNGARY Mr G. Jeszenszky Mr J. Szávai Mr I. Bába Mr I. Zelnik Mr Z. Becsei Mr P. Kovács
ICELAND -
IRELAND Mr L. Rigney Mr E.M. Noonan CONFIDENTIAL
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ITALY Mr U. Toffano Mr C. Colombo Mr R. Pietrosanto
LIECHTENSTEIN Mr R. Marxer
LUXEMBOURG Mr P. Faber
MALTA Mr C. Cremona
NETHERLANDS Mrs A. Nierman Mr A. Bijlsma
NORWAY Mr S. Knudsen Mr D.M. Halvorsen
PORTUGAL Mr G.A. de Santa Clara Gomes Mr F.J. Ramos Machado Miss M.J. Morais Pires
SAN MARINO Mr P.G. Guardigli Miss A. Mularoni Miss F. Bigi
SPAIN Mr F. Fernandez Ordoñez, Chairman of the Committee of Ministers Mr J.M. Lacleta, Chairman of the Ministers' Deputies Mr J. Fernandez Torrejon Mr S. Martinez-Caro
SWEDEN Mrs I. Larsson, Vice-Chairman of the Ministers' Deputies Mr B. Hedberg Mr M. Ekengren
SWITZERLAND Mr Y. Moret Mr J-P. Villard
TURKEY Mr T. Firat Mr C. Altan Mr Y. Belet Miss I. Musluer Mrs D. Akçay
UNITED KINGDOM Mr N.M. Marshall Mr J. Jamieson Mr R. Turner 447th meeting - Nov. 1990
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CEREMONY TO MARK THE ACCESSION OF HUNGARY TO THE COUNCIL OF EUROPE (14 November 1990)
Mr. F. Fernandez Ordoñez, Minister of Foreign Affairs of Spain and Chairman-in-Office of the Committee of Ministers, said that it was with profound joy that he opened this session. Since 6 November 1990 and the 87th Session of the Committee of Ministers in Rome, Hungary was the first Central and East European country to participate fully in the Council of Europe's work. He welcomed this old European country which would bring all its people's talents into play in European co-operation. It was an honour to welcome Hungary to the Council of Europe, which had been set up to defend and strengthen democratic values in a framework of greater co-operation. In May 1989, when the Council of Europe had celebrated its 40th anniversary, no one could have believed that change in Europe was going to be so rapid. Hungary's presence in the room that day bore witness to the victory of freedom and showed that there was such a thing as historic justice. He hoped that Hungary was a bridgehead and that the other countries of Central and Eastern Europe would shortly join the Council of Europe. In becoming a member of the Council of Europe, Hungary would bring in new ideas and there was no doubt that its contribution would be fruitful. He welcomed Mr Jeszenszky, Minister for Foreign Affairs of Hungary, and invited him to speak.
Mr. Jeszenszky made the following statement:
"Mr. Chairman, Madam Secretary General, Your Excellencies, Ladies and Gentlemen,
Eight days ago I was standing on the rostrum of Palazzo Barberini in Rome, beside Madame Lalumière and Signor Gatti having just signed the Statute of the Council of Europe and the European Convention on Human Rights. We were watching on a huge TV-screen the hoisting of the Hungarian tricolour in Strasbourg to the sound of the Hungarian national anthem. All in that hall were moved, and we, Hungarians, could barely hold back our tears. By that act we returned to our thousand-year-old allegiance, to l'Occident, die Abendland, to the spirit of Christianity, Humanism and the Renaissance, the Enlightenment, to the legacy we derived from the English, American and French Revolutions. A re-born democracy joined the family of free Europeans.
In Rome I already tried to summarize what all that meant for us, Hungarians, and, hopefully, for all Europeans. I spoke about the pioneer role Hungarians, together with Poles and Czechs, played in the reunification of Europe. I told how we, the prisoners of Stalin, had looked to our West European brothers and sisters as sources of hope and promise. I promised that we intended to continue to work not only for the benefit of our own nation, but also for the victory of the European ideals everywhere in our continent, up to the Ural Mountains and even beyond. While reiterating the commitments, I do not want to repeat my sentences. What I feel I can add here, in Strasbourg, in one of the cradles of European civilization and the embodiment of the unity of Europe, is something I have experienced back in Hungary since that unforgettable morning in Rome. CONFIDENTIAL
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The Communist system lived on promises. "By tomorrow we shall turn the world upside down! Soon there will be a paradise on earth where everybody will live in abundance and equality. Communism will overtake the West in every respect and will bury Capitalism already in our lifetime." Everybody in the Eastern half of Europe, not only the governed without rights and prospects, but also the governing élite, soon realised the emptiness and hopelessness of those promises and admonitions. But even today, after the fall of the dictatorships, people in the former Communist countries find it difficult to replace the discredited slogans with a positive programme for national renewal and concerted actions for raising themselves to European level. Not that these peoples are incompetent or lazy. But they need a conviction that now they can finally accomplish the real version of the promises: to have a life of human dignity without fear and humiliation. All the Hungarian press - and the public - were asking: what benefits we can derive from our membership? I pointed out that during the whole transitional period we have laid great emphasise on constitutional change and we are sure that our memberhsip will give a new impetus in that respect. We would like to bring our land into complete harmony with European norms and that will be an extremely important factor in our economical, cultural and environmental policy. I also explained that from 6 November we could feel more secure as the 24th member of the free Europe, that the Hungarian and other minorities in Central and Eastern Europe would certainly profit if their own countries also became members, having met all the standards and requirements of the Council, and even in terms of economic progress there was a lot to be expected from our membership since foreign investment will certainly be influenced by such an endorsement.
But there is also the other aspect: what can we, Hungarians, and later our fellow Central Europeans, contribute to the Council of Europe? What benefits can the member countries derive from our membership? I believe it is a strong interest in all Western Europeans to see the division of Europe come to an end, any possible threat to be removed, and not to have poor, exasperated, envious neighbours, but countries as close to them in thinking and in living standards as possible. The former Communist countries are not really liabilities: the hundreds of thousands of talented and educated men and women, ready to work hard to bring benefit to their homeland, and of course as a consequence, eager to live better, present an enormous potential as a new market. The consolidation of democracy and the establishment of well-functioning social market economies is a common interest of both the Western and the Eastern half of Europe.
Ladies and Gentlemen,
The long separation imposed on us only increased our attachment to Europe and to the ideals embodied in this Organisation. I can assure you: Hungary will remain a reliable and active member of the Council of Europe, because we know it only too well how precious your confidence, that made this membership possible, is, and what guarantees this Organisation means for our country's reintegration into Europe."
The Secretary General stressed the importance attached by the Council of Europe as a whole - the Committee of Ministers, the Parliamentary Assembly and the Secretariat - to the major event constituted by the accession of Hungary. This represented the first step in the development of increasingly concrete and close co-operation with Hungary, and gradually with other countries of Central and Eastern Europe, which would have an impact on all the Organisation's sectors of activity. The Council of Europe was little by little growing to become the common home at pan-European level, it CONFIDENTIAL
- 5 - CM/Del/Concl(90)447 was incumbent on it to try to reflect this development in a practical and tangible way. It had at its disposal an instrument which was specially adapted for this purpose, namely co-operation at both the intergovernmental and interparliamentary levels. Since the creation of the Organisation that working method had proved its worth and thanks to it, concrete results had been obtained. It should therefore continue to be used in order to exploit all its possibilities; it was in this spirit that one should consider the Summit meeting of the CSCE in Paris, in connection with which the seal should be set on the linkage between the CSCE process and the Council of Europe. In effect, it was necessary for the CSCE that a number of its ideas and principles should be implemented in a practical and concrete way. While the Council of Europe was admittedly not the only existing Organisation suited to the purpose, it was nevertheless one of those best placed to implement these principles both immediately and effectively.
Pluralistic democracy, respect for Human Rights and the rule of law were today endorsed by all; it was in this context, at a time when a page in the history of Europe had so recently been turned, that the Council of Europe should prove its availability to serve. In this respect the accession of Hungary was highly encouraging.
The Representative of Italy recalled that at the Conference for the constitution of the Commission for Democracy through Law in Venice in January 1990, at a time when the great changes in Europe had not yet occurred, the representative of Hungary had stated the intention of his country to return to democratic Europe. It was with immense joy that one could welcome today the Representatives of Hungary in this room, whose presence demonstrated that this bold statement has soon become reality.
EXCHANGE OF VIEWS BETWEEN MR FERNANDEZ ORDOÑEZ AND THE MINISTERS' DEPUTIES ON THE PROSPECTS OF THE SPANISH PRESIDENCY OF THE COMMITTEE OF MINISTERS
Mr Fernandez Ordoñez made the following statement:
"I would like to take advantage of my presence here in Strasbourg to hold an exchange of views on the immediate future of the Council of Europe, especially during my country's six months presidency.
I should like to begin by saying that the next six months are going to be crucial for the construction of Europe. That is obvious to everyone. The basic issue for the Council of Europe is what attitude to adopt during those six months, which will clearly be of decisive importance in shaping the future.
I believe that there are two possible courses of action: the first is a course of action which might be described as 'isolationist', which would require the Council to concentrate solely on its own matters, its own internal problems and its own traditional functions.
The second possibility - which I am going to defend - is for the Council of Europe to be an integral part of the whole process of European construction, which is the result of joint action, not a process that will be monopolised by any specific institution. CONFIDENTIAL
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The Council of Europe currently comprises 24 countries, and we hope that at least two more, Poland and Czechoslovakia, will be be joining the Council within a short period of time. Taking this as the primary objective, the first question regarding the Council of Europe's integration into the process of European construction - in other words, with an outward, not inward, looking role - is that of relations with the CSCE. The CSCE summit meeting is due to be held in Paris next week. There will be a contribution from the Secretary General on lines which have already been laid down, and since her statement will be on lines which we have all supported, I think that it would be appropriate if her statement were supported in one way or another in the statements from the Council of Europe member States. As the country holding the Chair, Spain would have to make its own contribution on this question.
The main point where the CSCE is concerned is that its institutionalisation already stands out clearly as an established fact. If that is the case, we must do two things: avoid duplication of work and make full use of existing bodies. I think that the first general conclusion is that it should be publicly stressed that the Council of Europe is ready and able to make an essential contribution to the CSCE process in the various fields of the human dimension, this being one of the fundamental tasks of the CSCE.
I believe that the Council of Europe's basic asset in this respect is what might be called the intergovernmental sphere. For 40 years, this has been the Council of Europe's frame of reference. To what particular features of the intergovernmental sphere must we refer, I wonder, in relation to the CSCE? I think that we must refer to various possible areas of co-operation. The first of these areas of co-operation in the intergovernmental sphere is human rights.
We have rules and safeguards, and the main aim should be to ensure that the CSCE does not introduce machinery that is weaker than the Council's own protection machinery. I believe that we can co-operate in two stages: in the first stage, we should have to try and give all the States participating in the CSCE process the benefit of our experience in this field; and in the second stage, we should have to see what institutional links we can establish between our machinery for protecting fundamental rights and the non-member States. Everyone knows that there is different machinery for protecting fundamental rights on either side of the Atlantic and that the machinery is different in the member States and in the non-member States. This second stage is of great significance. We shall have to try and ensure that the supervision machinery is effective, and this applies to the Social Charter as well as to the European Convention on Human Rights.
So far, I have referred to human rights. There are other areas of the human dimension in which we can co-operate with the CSCE, such as culture, education, legal co-operation, human contact and information. The final communiqué of the Rome session pointed in this direction. One of these areas, cultural co-operation, is of particular interest. We are looking into the possibility of convening an informal conference of the Organisation's Ministers for Cultural Affairs to consider past, present and future cultural co-operation with reference to the European Cultural Convention. I believe that there is great scope for inviting all the States participating in the CSCE process to join with us in discussing that fundamental aspect of the pan-European project which is known as culture, because if there is one thing which unites us, that is a common culture, and in this connection we attach great importance to the Cracow Symposium in May-June 1991, the Conference of Ministers responsible for the Heritage in Malta in 1991 and the co-operation in this field between government officials. CONFIDENTIAL
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Lastly, on this question of co-operation with the Council of Europe, I should like to refer to the parliamentary dimension. Where the parliamentary dimension is concerned, I think that this Organisation and the members of the Assembly will have to let matters take their course and show a certain amount of active patience in order to achieve some kind of consensus, which will not be easy. Yet we cannot forget that if the CSCE wants to have a parliamentary dimension, it will be difficult for it to dispense completely with the great experience possessed by the Council of Europe's Parliamentary Assembly, simply because it would be a waste.
Having considered the first point, namely Council of Europe- CSCE relations, I should now like to say a few words on the second point, namely relations with the countries of Central and Eastern Europe. I have mentioned Czechoslovakia and Poland. I think we all agree that there is no question of lowering the Council of Europe's standards. But we must make an assessment of each case which, in my opinion, should not merely be a legal assessment of the texts, but a political assessment of the irreversible democratic will of the people, which is sometimes just as important as the legal texts themselves, which may be observed to a greater or lesser degree. The assessment must therefore be a comprehensive one. We must intensify programmes of aid to these countries in order to assist them on the road to democracy. This means three things: first, identifying needs; secondly, evaluating the progress of reforms; and thirdly, considering the prospects for co-operation in this process. For this purpose, I intend to undertake, together with the Secretary General, a brief but necessary visit to countries of Central and Eastern Europe.
Where the Soviet Union is concerned, it would be useful if it were to accede to the European Cultural Convention as soon as possible. It has just signed three international instruments. The signing of the European Cultural Convention could be a significant event, to which Mr Shervarnadze himself could be invited. We must continue co-operating with the Soviet Union and, in the light of all these developments, it would perhaps be useful to hold an extraordinary meeting of the Committee of Ministers in the first half of the year - it could perhaps be hosted by my own country, Spain - to consider inter alia the Council of Europe's bilateral relations with the countries of Central and Eastern Europe.
Lastly - and I cannot evade this question because it is part of the agenda which I have given to you today, for which I feel responsible - we also have the economic problem of new resources to ensure that the Council of Europe's structures are equal to the task of pursuing the new priority objectives. There are going to be more countries joining and more tasks to perform, and it will probably be necessary to make an effort in this direction.
These, then, are some of the ideas which we are currently putting forward with the intention of working responsibly for our Organisation, not only for today's Europe, but for tomorrow's Europe, and we hope that this view is shared. Logically, we are counting on all of you to help.
Thank you very much. CONFIDENTIAL
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I do not know whether there are any comments or questions. I shall only be at your disposal for a short while as I have to leave soon."
The Representative of the Netherlands asked for the plans of the Spanish Chairmanship with respect to relations with the United States. She recalled that her Minister had suggested, at the 87th Session of the Committee of Ministers in Rome on 6 November 1990, that the Chairman of the Committee of Ministers and the Secretary General should pay a visit to the United States and Canada.
The Mr Fernandez Ordoñez said that this was an interesting idea, but that the decision should be taken only after the Paris Summit of the CSCE, following further consultations.
In reply to a question by the Representative of Germany, Mr Fernandez Ordonez said that he wanted to visit all Central and Eastern European countries, including Poland, Czechoslovakia and Yugoslavia. The aim of the visit was to define the needs of these countries, to assess the programmes of reform and to prepare mutual co-operation.
The Representative of France said that the plans of the Chair, as outlined in the Chairman's statement, were in full agreement with the decisions taken at the 87th Session of the Committee of Ministers in Rome and with the views of his authorities. In particular, he welcomed the plan to visit the countries of Central and Eastern Europe, and he was interested in the proposal to hold an Extraordinary Ministerial Meeting in Madrid. After the Paris Summit of the CSCE, it should be possible to define things more clearly, in particular the delicate subject of relations with the United States and Canada. Then it might be possible to go beyond a general evaluation of the situation and to define a programme for the months to come, indicating clear priorities.
The Representative of Italy welcomed the visit to countries of Central and Eastern Europe and the proposal to hold an Extraordinary Ministerial Meeting. It was certainly prudent to wait for the outcome of the Paris Summit before taking decisions with respect to relations with the United States and Canada. Afterwards, however, this problem had to be tackled, even if the results of the Summit did not completely correspond to the hopes one might have. 447th meeting - Nov. 1990
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The Chairman of the Ministers' Deputies opened the meeting at A level by offering, on behalf of the Committee, his warm thanks to the San Marino authorities for their term of office, which had been marked by an event which could only be termed historic: the accession of Hungary to the Council of Europe.
He went on to state that the end of the San Marino term of office had also been marked by the opening for signature of Protocol No. 9 to the European Convention on Human Rights, whose entry into force - which he hoped would be soon - would constitute a remarkable step forward in the protection of individual rights.
He thanked the Government of San Marino for the exemplary way in which it had organised, in such a magnificent setting, the ceremony to mark the handing over of office and the dinner which followed on the evening of 6 November. On the following day, they had also had the opportunity to enjoy a very interesting visit to San Marino, which had enabled them to appreciate its beauty and the warm welcome offered by its people.
On behalf of the entire Committee, he thanked the Italian authorities for their excellent organisation of the 87th Session of the Committee of Ministers, held in Rome on the 6 November 1990 in the historic setting of the Palazzo Barberini.
He also thanked them for organising, outside the Session itself, a programme of visits and lunch for the Ambassadors' wives, which had been very much appreciated.
The Representative of San Marino said that he would certainly pass on to his Minister the kind remarks which the Chairman had addressed to his Government.
On behalf of the Committee and speaking personally, the Chairman presented his congratulations to the Permanent Representative of Ireland on the occasion of the election of Mrs Mary Robinson to the Presidency of Ireland.
Finally, he informed the Committee that in a letter dated 2 October 1990, which the Secretary General had passed on to him, the Chairman of the Staff Committee, following the Staff General Assembly held on the 17 September 1990, had requested that the Staff Committee be authorised to attend, as an observer, meetings at which the Committee of Ministers would examine the draft regulations introducing special measures to terminate the service of permanent members of the Council of Europe. CONFIDENTIAL
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The Committee was therefore required to take a stand on this request.
However, he had to inform the Committee that the Bureau of the Deputies, which had examined the request at its meeting on the 16 October 1990, had taken the view that it was not appropriate to establish, in this particular case, an observer status which was not provided for in the Rules of Procedure of either the Committee of Ministers or of the Ministers' Deputies.
On the other hand, as had already happened in the past, the Bureau proposed that the Staff Committee be given a hearing to enable it to express its point of view on the proposal and to reply to any questions which might be raised.
He asked the Committee whether it agreed with the Bureau's proposal.
The Representative of Belgium, supported by the Representatives of Luxembourg, Denmark and Switzerland, supported the Bureau's proposal to grant the Staff Committee a hearing on the proposed regulation introducing special measures to terminate the service of permanent members of the Council of Europe.
The Representative of Switzerland thought that it would be important to know the Secretary General's views on the draft regulation and suggested that the Secretary General and the Permanent Representatives should therefore hold an informal exchange of views before the Deputies' meeting on the 1991 budget.
The Chairman noted that the Bureau's proposal had been approved. 447th meeting - Nov. 1990
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1. ADOPTION OF THE AGENDA
The Representative of Turkey said that, as far as item 7 of the agenda (Situation in Cyprus) was concerned, the position of his delegation remained unchanged with regard to both the substance and the form.
Decision
The Deputies adopted the agenda for their 447th meeting (14-16 November 1990, A level), as it appears at Appendix 1 to these Conclusions.
447th meeting - Nov. 1990
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2. POLITICAL ASPECTS OF EUROPEAN CO-OPERATION AND OF CURRENT INTERNATIONAL EVENTS (Resolution (84)21) (Concl(90)445/2)
No delegation wished to make a statement under this item.
447th meeting - Nov. 1990
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3. RELATIONS WITH COUNTRIES OF CENTRAL AND EASTERN EUROPE (Concl(90)445/3)
The Ministers' Deputies considered point by point the various questions raised in Notes on the Agenda No. 8070.
1. Relations with Romania
The Director of Political Affairs said that, in addition to the various proposals concerning co-operation in the legal and human rights fields, a positive response was envisaged, subject to the Ministers' Deputies' approval, to three proposals for technical co-operation in the education field. Following contacts which the Secretariat had had with the Romanian authorities at the recent pan-European meeting of Directors of Educational Research Institutions at Bled (Yugoslavia), the following measures were proposed:
- invitation to a small group of Romanian experts to discuss with the Secretariat in Strasbourg the possibility of associating Romania with the EUDISED network;
- invitation to a Romanian expert to attend, as an observer, the Intergovernmental Symposium on Secondary Education in Europe (Brussels, 27-29 November 1990);
- attendance of a small group of Council of Europe experts at the national meeting on reform of the educational system, to be held in Bucharest in December 1990.
The Representative of Sweden said she was prepared to approve the three draft decisions in Notes No. 8070. However, as regards the Romanian Centre for Human Rights which was being set up, she would like more information about its activities and policy before embarking on co-operation. As to the three additional proposals in the education field mentioned by the Director of Political Affairs, did they not go beyond the technical co-operation approved by the Committee of Ministers at its 87th Session in Rome?
The Representative of Germany observed that it was true that reform in Romania was slower than in certain other Central and East European countries. However, his authorities could accept technical co-operation with it not only in the legal and human rights fields but also in the education field, as proposed by the Director of Political Affairs.
The Representatives of Italy, Greece, Luxembourg, Finland, Turkey and Austria agreed.
The Representative of the United Kingdom also supported continued co-operation with Romania at the level of technical contacts. In this connection, he wondered about the proposed visit by the Chairman of the Committee of Ministers to certain Central and East European countries, including Romania. Would not such a visit go beyond technical contacts as defined by the Committee of Ministers? CONFIDENTIAL
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The Chairman noted that there was a consensus for adopting the draft decisions in Notes No. 8070 and the three proposals for co-operation in the education field mentioned by the Director of Political Affairs.
ii. Relations with Bulgaria
The Director of Political Affairs reported on the meeting between delegations of senior officials from Bulgaria and the Council of Europe in Strasbourg on 13 and 14 November 1990. All the participants were of the opinion that the visit had been useful and had conformed to the principles laid down for such meetings. Over the two days, the Bulgarian delegation had had detailed discussions with several operational directorates in the Council of Europe Secretariat.
The Bulgarian delegation's statements reflected the spirit in which the Council of Europe would like these co-operation programmes to function. The Bulgarian delegation had said that Bulgaria was firmly and definitely committed to establishing democracy, human rights and the rule of law in order to make future membership of the Council of Europe possible. In this context, the delegation set particular store by the visit which the President of the Bulgarian Republic, Mr Zhiku Zhelev would be paying to the Parliamentary Assembly next January. The basic political objective of the Bulgarian authorities and of all the country's political forces was to promote the Europeanisation of the Balkans in order to avoid the Balkanisation of Europe.
As a result of this visit a number of proposals for co-operation had been framed and would be submitted to the authorities of each delegation. The proposals were in three main areas: assistance programmes, participation in certain activities and the possibility of acceding to certain of the Council of Europe's legal instruments. On this last point, particular interest had been expressed in Bulgaria's speedy accession to the European Cultural Convention.
A full report on all these discussions would be transmitted to delegations in the next few days. For the time being, it would be helpful if the Ministers' Deputies could decide to invite a Bulgarian observer to the Intergovernmental Symposium on Secondary Education in Europe, to be held in Brussels from 27 to 29 November.
The Representative of Turkey was satisifed with the information given by the Director of Political Affairs. His Government supported the development of co-operation with Bulgaria in order to promote democratic reforms in that country. He hoped in this context that intensified co-operation with the Council of Europe would enable a satisfactory solution to be found to the problem of the Turkish minority in Bulgaria.
The Representative of Greece similarly supported the development of contacts between the Council of Europe and Bulgaria. In this context, he could approve an invitation to a Bulgarian observer to attend the Brussels Symposium. CONFIDENTIAL
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The Representative of Germany took the same view. iii. Relations with the Soviet Union
The Chairman reported on the meeting between the Bureau of the Ministers' Deputies and Ambassador Dubinin on 13 November 1990: "The Ambassador said that the contacts and co-operation established with the Council of Europe were only a start and that the Soviet Union intended to step them up. On the political level, the Ambassador expressed the hope that the Soviet Union will 'one day' join the Organisation. He confirmed his country's willingness to participate in the European institutions. 'All rivers, great and small, in the European system must converge.' He confirmed that a consulate general of the Soviet Union will shortly be opened in Strasbourg and be responsible for permanent contacts with the Council of Europe. Referring to the final communiqué of the 87th Session of the Committee of Ministers in Rome, the Ambassador expressed his authorities' support for the Council of Europe's role in the future architecture of Europe and in particular as regards the CSCE."
The Secretary General was extremely cautious about the idea of the Soviet Union's joining the Council of Europe. Personally, she was not sure that the view expressed by Ambassador Dubinin was really the official position of the Soviet Government. To date, no Soviet authority had officially spoken about membership of the Council of Europe. However, the possibility could not be ruled out. What mattered was to develop co-operation with the Soviet Union by degrees by increasing the number of meetings, areas of dialogue and fields of technical co-operation and inviting the Soviet Union to accede to selected legal instruments as and when appropriate. The Soviet Union's joining the Council of Europe and, naturally, signing the European Convention on Human Rights were not live issues yet.
The Chairman pointed out that Ambassador Dubinin had given no date for his country's membership of the Council of Europe.
The Director of Political Affairs referred to three specific matters raised at the meeting with Ambassador Dubinin:
- A meeting was proposed between the Contact Group of the Council of Europe Secretariat and the Soviet Foreign Ministry to take stock of contacts and co-operation with the Soviet Union over the past year and to examine the prospects for future development.
- As regards accession to the European Cultural Convention, the Soviet authorities were prepared to send a group of experts to Strasbourg at the earliest opportunity to discuss with CDCC experts how the Soviet Union might join in the Council for Cultural Co-operation's programmes.
- In the context of the various political dialogues established between the Ministers' Deputies and representatives of Central and East European countries, it was proposed that a political dialogue be arranged in early 1991 with Ambassador Deriabin, who headed both the Soviet Union's Contact Group with the Council of Europe and the Soviet delegation to the CSCE Preparatory Committee in Vienna. CONFIDENTIAL
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The Representative of Luxembourg fully supported the third proposal and added that if Ambassador Deriabin was not available, the Ministers' Deputies could just as easily hold a political dialogue with Ambassador Dubinin.
The Representatives of Greece and Austria took the same view.
The Chairman noted that this point had been agreed. iv. Relations with Yugoslavia
The Director of Political Affairs announced that a succinct report on the meetings in Dubrovnik between the Bureau of the Standing Conference of Local and Regional Authorities of Europe and representatives of certain Yugoslav republics would be circulated shortly. v. Technical assistance for the architectural heritage of Cracow
The Director of Political Affairs reported that the Minister for Culture of Poland had written to the Secretary General requesting technical assistance for the conservation and enhancement of Cracow's architectural heritage. He emphasised the political significance of this request in the context of the CSCE Symposium on the cultural heritage, which would take place in Cracow next spring. He accordingly proposed that the Polish Government's request be granted and action taken at the earliest opportunity. If the Committee of Ministers agreed, the technical assistance mission for Cracow's heritage could be organised without delay and could be financed from the appropriations in Vote IX of the Budget.
The Representative of Switzerland heartily approved this proposal. The mission could well be financed from the voluntary contribution his Government had made last summer to finance activities in the local government and architectural heritage fields. Similar operations could very well be organised for the architectural heritage of Hungary and of Czechoslovakia.
The Representative of Hungary thanked his Swiss colleague for his proposal and said he was very interested in such co-operation.
In reply to a question from the Representative of Norway, the Director of Political Affairs said that, according to the information at his disposal, the technical assistance mission to the city of Cracow would cost between 120,000 and 150,000 francs and could be financed from the appropriations in Vote IX. vi. Co-ordination of assistance programmes
The Director of Political Affairs said that the conclusions of the co-ordination meeting on assistance programmes held in Strasbourg on 9 November 1990 had been circulated to delegations, A fuller report would be circulated shortly. His impression was that the meeting had CONFIDENTIAL
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provided a useful framework for the exchange of information between the various partners involved in the co-operation programmes with Central and East European countries in the field of constitutional, legislative and administrative reform. The decision had now been made to hold a similar meeting in autumn 1991. In the meantime, practical co-operation would be implemented through networks so as to facilitate the pooling of efforts. The aim was not to create bureaucratic structures but simply to circulate information so as to determine the scope for combined action to improve the overall effectiveness of the various activities.
The Representative of the United Kingdom endorsed the positive view of the meeting given by the Director of Political Affairs. The meeting had been most helpful and had identified fields in which joint action by the various partners, particularly governments and non-governmental bodies, could be expanded.
One point particularly emphasised at the meeting Was that programmes should at all times reflect the wishes and expectations of the partner countries. To be effective, the programmes should first and foremost respond to a real need expressed by the Central and East European countries.
In reply to a question from the Representative of Sweden, the Director of Political Affairs said that the Committee of Ministers had no specific decision to make on this point, since there had been a general consensus the meeting on the conclusions reached and the Secretariat intended to go ahead and implement such of the proposals as had no financial implications. However, if any delegation had observations or comments to make on the meeting or its conclusions, now was the time to do so.
The Representative of Turkey said that for the future a clearer definition would be needed of the part which the Council of Europe was to play in co-ordinating the work of intergovernmental institutions involved in co-operation with Central and East European countries in the fields of democracy and the rule of law.
The Representative of Hungary said that the Council of Europe ought to open a new field of co-operation with Central and East European countries, namely protection of the environment.
The Chairman noted that the Committee of Ministers was ready to approve the four draft decisions as they appeared in Notes No. 8070.
As regards the proposals for technical co-operation with Romania in the education field, he noted that although it was sometimes difficult to draw a distinction between technical co-operation and political co-operation, the Committee of Ministers was ready to agree to the proposals.
As to the Intergovernmental Symposium on Secondary Education in Europe to be held in Brussels from 27 to 29 November, the Committee of Ministers ought to invite the Soviet Union after its decision to invite it to accede to the European Cultural Convention. CONFIDENTIAL
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The Representative of the Netherlands said with reference to the Secretary General's contribution to the Paris Summit, the text of which had been included in the file for the 87th Session of the Committee of Ministers, that her authorities would like the passage referring to the lack of machinery in Europe for the peaceful settlement of disputes to be deleted.
The Director of Political Affairs said that the text of the Secretary General's contribution had already been sent to the conference secretariat, which had insisted on having it in good time. It was therefore not clear whether it was still possible to delete the passage in question.
The Representative of Ireland proposed that a paragraph of the draft concerning the parliamentary dimension be deleted.
The Chairman pointed out that the Ministers, who had seen the Secretary General's draft contribution in Rome, had raised no objections to it and that the Chairman had concluded that he believed the draft to be in line with the Committee's policy, which was in any case also reflected in the draft communiqué.
At most a reference might be made to the idea of "compulsory settlement" in the text of the draft contribution, but the Deputies' meeting should not be turned into a drafting committee.
The Representative of Switzerland said there was no need to discuss every expression in the Secretary General's address to the Paris Summit. The Secretary General had to have considerable latitude as regards the substance of her speech.
The Representative of the Netherlands said that he was acting in conformity with the instructions he had received. On the one hand, he doubted whether the 87th Session of the Committee of Ministers in Rome had approved the Secretary General's draft. On the other, although it was not their intention to amend the draft speech, the text did include a sentence which raised a problem and which he accordingly proposed be deleted.
The Representative of Portugal agreed with the Representative of Switzerland and said that the position of the Representative of the Netherlands stemmed from a misunderstanding. The sentence in question was, in political terms, correct.
The Representative of Finland noted that the Netherlands delegation did not oppose the text's being circulated in its present form. The Secretary General merely indicated that she did not think it necessary to create new institutions if appropriate ones already existed. The peaceful settlement of disputes was mentioned merely as an example.
The Chairman endorsed the proposal of the Representative of Switzerland and said that the preparation of, and political reponsibility for, the address rested with the Secretary General, who was free to draft her own speeches. It might nonetheless be possible for the text to be amended in the light of the comments made. There was no need to enter into a discussion on this point. CONFIDENTIAL
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The Representative of the Netherlands had reservations as to whether it was possible at this stage for the Secretary General to present a political declaration on her own authority.
At a later stage in the discussion, the Representative of the Netherlands said that the draft of the Secretary General's speech circulated in Rome had not been approved. As to the substance of the Secretary General's contribution, she pointed out that she had previously asked for a draft to be circulated. Several Deputies had supported her request. If the Secretary General spoke in her own name, it was as Head of the Secretariat and in so doing she did not commit the Ministers' Deputies. This solution would not give added weight to her contribution. In fact, if the Deputies did not give their views on the substance of her address, the Secretary General would present to the Paris Summit no more than a personal view; in this case, the Deputies would leave the Secretary General free to speak and to present such proposals as she wished in a personal capacity.
The Chairman preferred not to open a new debate on this point.
Decisions
The Deputies
1. authorised the continuation of the constitutional assistance mission to Romania and of technical assistance in the legal and human rights fields;
2. approved in principle the financing of the technical assistance mission for the preservation of the architectural heritage of Cracow from the appropriations in Vote IX;
3. having considered follow-up to the co-ordination meeting on assistance programmes for constitutional, legislative and administrative reform in Central and East European countries, took note of the Secretariat reports on the implementation of the co-operation and assistance programmes for Central and East European countries;
4. authorised the participation of observers from Bulgaria, Romania and the Soviet Union at the Intergovernmental Symposium on the outlook for secondary education in Europe due to take place in Brussels on 27-29 November 1990;
5. authorised a visit to Strasbourg by a small group of Romanian experts to examine the possibility of associating Romania with the EUDISED network;
6. authorised the participation of a group of experts from the Council of Europe (governmental and secretariat experts) at the National Colloquy on the reform of the Romanian education system due to take place in Bucharest on 7-9 December 1990.
447th meeting - Nov. 1990
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4. COMMITTEE OF MINISTERS Follow-up to the 87th Session (Rome, 6 November 1990) (CM(90)PV6 prov.)
A. Relations with the countries of Central and Eastern Europe
1. Poland
The Chairman proposed following the general approach of inviting Poland to Deputies' meetings, except for budget meetings, meetings on human rights (Articles 32 and 54 of the Convention) and level B meetings.
In the discussion which followed, a number of delegations felt that the political signal which had been given to Poland should be confirmed. Some delegations felt that the Czech and Slovak Republic should also be invited to the meetings of Ministers' Deputies. Others considered that a distinction should be made between the signals given to Poland and those given to Czechoslovakia and that a decision should be taken on Czechoslovakia after the Assembly's Opinion on its accession to the Council of Europe had been received. A number of delegations considered that Poland should not take part in discussions on applications for accession from non-member countries.
Following a discussion of the invitation procedure and the procedure for attendance by Polish representatives at meetings of Ministers' Deputies, the Deputies asked the Chairman to prepare, with the Secretariat's help, a draft decision taking account of the various comments made.
The decision set out below was adopted later in the meeting.
After considering the agenda for their December meeting under item 13 of the agenda for this meeting, the Deputies also agreed to invite Poland to that meeting.
2. USSR
The Representative of the Netherlands referred to the Secretary General's letter of 8 November to the USSR Ambassador in Paris on the invitation to the USSR to accede to the European Cultural Convention. It drew attention to the paragraph in that letter which said that the procedures for the accession of the USSR to the European Cultural Convention and, in particular, its financial contribution to the Cultural Fund could be considered in consultation with the Council of Europe's Secretariat. She said that the Committee of Ministers had given the Secretariat precise terms of reference for the discussions with the USSR and that, consequently, the Secretariat could not go beyond these.
The Secretary General said that the Secretariat had complied with the guidelines laid down by the Committee of Ministers for contacts with the USSR in this area. She nevertheless considered that these initial contacts entailed tackling the question of the USSR's financial contribution to the Cultural Fund; for the purpose of establishing the figures, however, the Secretariat would remain within the framework laid down by the Committee of Ministers. CONFIDENTIAL
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B. Preparation of, and prospects for, the Paris Summit (19-21 November 1990) in the framework of the CSCE
The Secretary General said that the Secretariat was closely following the work of the Preparatory Committee for the CSCE Summit in Paris, which had been meeting in Vienna since 10 July. She reported briefly on the preparation of the draft final text which, at this stage, included several references to the Council of Europe on the subject of the intergovernmental dimension. As far as the parliamentary wing was concerned, a number of proposals framed by the Twelve were apparently in favour of the Parliamentary Assembly. One of the unknown factors remained the position of the United States.
The Director of Political Affairs read out the current version of the various passages in the draft final document referring to the Council of Europe. In some fields only indirect references to the Council of Europe had been adopted. This was due to the attitude of the United States delegation, which had likewise not been in favour of mentioning the Council of Europe in connection with the Office for Free Elections planned in Warsaw. Direct references to Council of Europe contributions were nevertheless planned at this stage in connection with the experts' seminar on democratic institutions due to take place in Oslo in November 1991 and the experts' meeting on national minorities due to take place in Geneva in July 1991.
Several member States were endeavouring to introduce a reference to the Council of Europe in connection with the symposium on the cultural heritage due to take place in Cracow in May-June 1991. As far as the parliamentary wing was concerned, pending disclosure of the position of the United States, the Deputies might express the wish that the Foreign Affairs Ministers of the member States should take account of the Parliamentary Assembly's wishes.
Decisions
Having examined the question of the invitation of Poland to their subsequent meetings in pursuance of the decision adopted at their 446th meeting (22-23 October 1990, item 17), the Deputies
1. decided not to regard as enlarged meetings their meetings at B level, Human Rights meetings (DH), their budgetary meetings, or sittings involving the discussion of the accession of further States to the Council of Europe;
2. agreed, under these conditions, to invite representatives of the Republic of Poland to their A-level meetings as from 5 December 1990 (449th meeting), it being understood that for subsequent meetings their Bureau will decide in the light of the draft agendas whether the meetings as a whole or certain sittings should be regarded as enlarged;
3. agreed to invite the Czech and Slovak Federal Republic to participate at their meetings in the same conditions as set out above, as from February 1991 (452nd meeting), on the condition that a favourable opinion on the accession of this country be adopted by the Parliamentary Assembly at the 3rd part of the 42nd Session (28 January - 1 February 1991); CONFIDENTIAL
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4. agreed to continue their efforts to include the relevant references to the Council of Europe in the documents to be adopted at the Paris Summit (19-21 November 1990) in the framework of the CSCE and would intervene in their respective capitals with a view to giving the contribution of the Council of Europe to the CSCE process appropriate prominence in the speeches of participants at the Paris Summit;
5. agreed to resume consideration at a forthcoming meeting of the Council of Europe's contribution to the CSCE's follow-up meetings and other meetings in its sphere of competence, and in particular the symposium on the cultural heritage scheduled to take place in Cracow in late May/early June 1991.
6. agreed to examine at their 451st meeting (January 1991) how fuller convergence might be achieved between the positions adopted by the Twelve and those of the member States of the Council of Europe which do not belong to the European Community;
7. agreed to keep paragraph 14 of the Final Communiqué, devoted to the means and resources of the Council of Europe, in mind when considering the draft budget and Intergovernmental Programme of Activities for 1991;
8. agreed to examine in connection with the preparation of the 88th Session of the Committee of Ministers, the question of relations between the Council of Europe and local administrations at different levels (paragraph 15 of the Final Communiqué).
447th meeting - Nov. 1990
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5. STRUCTURES OF EUROPEAN CO-OPERATION Assembly Recommendation 1129 (1990) (Concl(90)445/6a, CM(90)PV6 prov.)
The Chairman said that the draft reply was in part taken from the Final Communiqué of the 87th Session of the Committee of Ministers (6 November 1990).
The Representative of Switzerland said that the reply ought to be made stronger. Particular emphasis should be placed on the need to avoid duplication, to turn the Council of Europe's achievements in the human dimension to account, and to avoid the creation of a parallel system for protecting human rights which might well weaken the Council of Europe's standards; the reply ought therefore to recommend a single system for protecting human rights. He favoured mentioning the need for a CSCE Assembly based on the Parliamentary Assembly.
The Director of Political Affairs referred to the Final Communiqué of the 87th Session of the Committee of Ministers and said that it could be difficult for the Deputies at this stage to go beyond what was said in the Communiqué.
The Representative of Finland suggested that a supplementary answer be given after the Paris Summit.
The Chairman proposed that the draft reply be adopted as it stood and that a supplementary reply be given after the Paris Summit.
Decisions
The Deputies
1. adopted the following interim reply to Assembly Recommendation 1129:
"At its 87th Session, in Rome, the Committee of Ministers discussed in particular the Council of Europe's place in the future architecture of Europe, its role in relation to the CSCE process and the prospects for the Paris Summit (19-21 November 1990). Its conclusions on these points appear in the Final Communiqué of the Session, paragraph 12 of which reads thus:
'Ministers welcomed the results achieved at the Copenhagen meeting of the Conference on the Human Dimension of the CSCE. They noted with satisfaction that the Copenhagen Document recognised the expertise of the Council of Europe in the field of human rights. CONFIDENTIAL
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'They discussed the preparations for the Paris Summit (19-21 November 1990). Noting that the Secretary General had been invited to make a contribution on behalf of the Council of Europe, they looked forward to the meeting as a historic opportunity to continue to build upon the basis of the dynamic achievements of the CSCE, a democratic and united Europe.
'Ministers expressed their conviction that, in placing its achievements and potential at the disposal of a growing number of countries, the Council of Europe is making an essential contribution to the CSCE process. The Paris Summit should take account of the Council of Europe, with its parliamentary and intergovernmental facets, for establishing multilateral co-operation to achieve the objectives shared with the CSCE in the various aspects of the human dimension (human rights, human contacts, legal co-operation, culture, education, information). Accordingly they expressed the wish that the Council of Europe should attend and contribute to follow-up meetings and other meetings of the CSCE dealing with matters within the Council's sphere of competence. Ministers stated that they are ready to invite the States participating in the CSCE process which are not members of the Council of Europe to take part in certain of its activities in a manner to be agreed.
'Ministers noted the Resolution adopted on 27 September, following the debate on the CSCE held in Strasbourg on the initiative of the Council of Europe's Parliamentary Assembly, to which delegations from all States participating in the CSCE had been invited. They expressed their support for the establishment, within the framework of the CSCE, of an assembly including parliamentary delegations of all the States participating in the CSCE. For this purpose they underlined the interest of taking fully into account for this purpose the experience and the structures of the Parliamentary Assembly of the Council of Europe.
'They expressed their readiness to establish in the fields of competence of the Council of Europe, links between the bodies which might be set up within the CSCE and the Council of Europe organs.'
The Committee of Ministers will provide further elements to the Assembly in the light of the results of the Paris Summit (19-21 November 1990).";
2. agreed to resume consideration of this item at a forthcoming meeting in the light of the results of the CSCE Summit (Paris, 19-21 November 1990). 447th meeting - Nov. 1990
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6. DRAFT INTERGOVERNMENTAL PROGRAMME OF ACTIVITIES FOR 1991 (Concl(90)445/33, CM(90)114, CM(90)148 and Add., CM(90)187 rev., CM(90)188 rev.)
The Chairman made the following introductory statement:
"At our October meeting, we decided on the procedure for examining the draft Intergovernmental Programme of Activities for 1991.
In accordance with this decision, delegations' comments on the draft Programme, which were to be submitted by 5 November, have been collated by the Secretariat in a working paper bearing the reference CM(90)187 rev. The Secretariat's observations on these comments are set out in a summary document bearing the reference CM(90)188 rev.
Since then, and as we decided in October, our six Rapporteur Groups met on 12 and 13 November to consider their respective fields in the light of these various comments and observations.
I believe that the Rapporteur Groups have worked well and quickly and deserve our thanks. They have cleared the ground, and this should facilitate our examination of the draft Programme.
The Carnets de bord of the six Rapporteur Groups were speedily circulated to all delegations by the Secretariat.
I propose that we now run through the draft Programme, which bears the reference CM(90)114, using our Rapporteur Groups' reports as a guide, and that we try to make as much headway as possible.
We could, for instance, provisionally adopt today the activities over which there are no problems. As regards those about which delegations have raised problems and those on which the Rapporteur Groups did not reach agreement, we shall today attempt to find solutions, resorting if necessary to indicative votes.
Examination of any activities on which we cannot reach agreement might be resumed at our budgetary meeting beginning on 26 November in the light, where appropriate, of any new proposals or amendments by the Secretariat.
It should be understood that, at our budgetary meeting, we will have to adopt formally the appropriations for all the activities in the draft Programme.
I would remind you that we made a gentlemen's agreement at our 443rd meeting that, in votes on the draft Budget, including the draft Programme, delegations would as far as possible refrain from abstaining. I would ask you to remember this when we hold indicative votes." CONFIDENTIAL
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The Secretary General recalled that in April of this year, the preliminary draft Programme had been published and commented upon by the national authorities. Based on those comments and with a view to reflecting the priorities of the member governments, the draft Programme for 1991 was circulated on 28 September 1990. Furthermore, as far as possible, the "dead wood" had been eliminated from the draft Programme. In general, it was worth pointing out that this "funnel" process had enabled a recentering of activities around the 3 priority lines of the Council (human rights and democracy, culture, and problems of society). Further efforts in this direction would still have to be undertaken.
The "Greater Europe" Projects had on the whole been well received. This was significant because they were evidence of an opening up of the Council to Central and Eastern European States and of a multidisciplinary approach to activities.
Following the present debate and before the Deputies would resume their discussions of this item at their 449th meeting (November/December 1990), the Secretariat will be submitting to the Deputies the following documents: a) where necessary, revised sheets of activities;
b) general proposals for a revised, unified system of fellowships, in particular as regards study periods abroad. At issue was a system for 1992, since the selections for individual social and health fellowships had already been made and would be maintained for 1991. The new system would have to be easier to administer, not necessarily limited to the social/health sector, and be able to respond to the pressing needs of Eastern and Southern countries. A possible co-financing for instance by specialised national ministries which have an interest in these fellowships should be explored;
c) proposals on structures. The only urgency concerns a small number of multidisciplinary project groups (GMPs) whose terms of reference will be submitted in draft form by the 449th meeting.
The Representative of Norway said that the Norwegian Foreign Ministry had received complaints from another ministry about views that he allegedly had expressed in one of the Rapporteur Groups two days earlier, passed on by a member of the Secretariat. He found it absolutely unacceptable that members of the Secretariat engaged in this type of activity and asked for assurance that the rules of confidentiality are in force and that all staff that attend the meetings are aware that they must be respected.
He added that coordination on the national level was difficult and that it may not always be perfect, but member governments must be spared the interference of members of the Secretariat in this process.
The Secretary General confirmed that the rules of confidentiality applied and that she shared the views of the Representative of Norway. In general, the Secretariat adhered strictly to the professional rules of conduct. At times, though, a member of the Secretariat, for perfectly honourable reasons, acted with an excess of zeal. An inquiry would be held in this case to investigate whether there had been a breach of professional conduct. CONFIDENTIAL
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FIELD I - DEMOCRACY, FREEDOMS AND THE FUNDAMENTAL RIGHTS OF HUMAN BEINGS
Project I.1 - Human rights and genuine democracy
The Representative of the Netherlands proposed that Project I.1 be dropped and asked for a vote.
The Director of Human Rights recalled that at its meeting between 15-18 October 1990, the CDDH had a favourable attitude to this Project, subject to the description of objectives being formulated in a more positive way. The Secretariat could agree to that.
The Representatives of Germany and Switzerland supported this Project.
Following an indicative vote (20 for, 3 against, 0 abstentions), the Chairman noted that this Project was retained on an indicative basis.
Project I.2 - Development of human rights
The Representative of the United Kingdom was against this Project, in particular as it was premature to concentrate on new rights, and therefore asked for a vote.
The Representative of France asked that the reference to legal guarantees for social and economic rights be deleted from the Project.
The Director of Human Rights pointed out that the European Social Charter and the U.N. Covenant on Social and Economic Rights existed to protect social and economic rights, and that the issue was the legal and judicial implementation of these rights.
The Representatives of Greece and Portugal supported the Project.
Following an indicative vote (20 for, 2 against, 0 abstentions), the Chairman noted that the activity was retained, subject to the word "new" in the second paragraph being deleted.
Project I.3 - Improving procedures for safeguarding human rights
The Deputy Secretary General recalled that at the informal Ministerial meeting in Rome on 5 November 1990 on the occasion of the 40th anniversary of the European Convention on Human Rights (ECHR), this activity received a high priority. For now, the Secretary General was not formally proposing changes in the operation of this project but she may be led to adjust the number and levels of meetings in the course of 1991, within the appropriations for Field I.
The Representative of Sweden, supported by the Representative of the Netherlands, asked that the reference to the "merger" of the Commission and Court be deleted. In addition, a reference to Protocol No. 9 to the ECHR should be included.
The Representatives of Germany and the United Kingdom were against this Project. CONFIDENTIAL
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The Director of Human Rights pointed out that the CDDH asked that the word "merger" be retained, as well as a reference to the reform proposals made by the delegations of the Netherlands and Sweden. Concerning the Social Charter, the Secretariat was of the view that none of the existing committees was clearly competent to consider the reform proposals of procedures of the Social Charter.
Following an indicative vote (21 for, 2 against, 0 abstentions), the Chairman noted that the activity was retained, subject to the modifications suggested by the CDDH.
Project I.4 - Equality between Women and Men
In reply to a suggestion by the Representative of Germany, the Director of Human Rights said that the Secretariat and the CEEG supported the proposal by the German authorities to hold a forum dealing with equality issues at which there could be participants from the whole of Europe. In addition, he could agree to the proposal by the Representative of Sweden to delete the word "non-judicial", second indent p. 12 of CM(90)114.
The Representative of Denmark recalled the request for financial support which the Aalborg University had addressed to the Council of Europe relating to a Conference on equality.
The Chairman noted that, subject to modifications agreed by the Director, the activity was retained on an indicative basis.
Service activity 1 - Centre for the promotion of and information on human rights
Service activity 2 - Colloquies, Round Tables and Seminars
The Chairman noted that these activities were agreed on an indicative basis.
The Director of Human Rights recalled that the CDDH had insisted at its last meeting that its meetings in 1991 each last for 5 days, and that there should be 4 meetings of its Working Groups (see p. 4 of CM(90)114). Furthermore, there would be 2 (instead of 3) meetings of UN and CSCE government experts, but 3 representatives (instead of 1) for each delegation at one of those meetings. The Secretariat would try to remain within the same sum originally planned.
The Representative of Norway suggested that, in general, only 1 expert per country should be paid for by the Council of Europe, an issue to be raised again at the 449th meeting.
FIELD II - MEDIA AND COMMUNICATION
The Representative of Sweden wanted to hear the views of the CDMM, CDCC, and Board of Management of EURIMAGES before taking a decision on the ECTO Liaison Committee (see p. 24 of CM(90)114).
The Chairman recalled that the Deputies had agreed, as part of a separate item on their present agenda (item 9), to resume consideration of this Liaison Committee at their next meeting. CONFIDENTIAL
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Project II.1 - Knowledge and analysis of national policies and international developments in the media field
The Representative of Germany was in favour of the Project except for the Medialex Advisory Management Committee.
The Representative of the United Kingdom thought that the Project description anticipated a decision on the European Observatory which had not yet been made.
The Head of the Mass Media Division noted that the CDMM had come to the conclusion that there would be no duplication of effort with the European Observatory. A decision on the Observatory is expected while the 449th meeting is in progress and therefore the Deputies will be kept informed.
Following a first indicative vote (11 in favour, 12 against, 0 abstentions), the Chairman noted that the Medialex Advisory Management Committee was not retained.
Following a second indicative vote on the activity as a whole without the above Committee, the activity was unanimously retained.
Project II.2 - Equality of opportunity in the building of a European Audio-visual area
The Representatives of France and the United Kingdom had doubts about the audio-visual co-operation mechanism (MCA). Further details thereon, by the Helsinki Workshop of October 1990, were needed.
The Head of the Mass Media Division said that the MCA was not designed as a classical support fund but rather one matching offers and demands. She proposed to freeze the funds for it, pending a decision by the Committee of Ministers and following consideration by the Project Group set up to replace the MM-R-PD.
The Chairman noted that the Project was retained on an indicative basis, subject to further details and a formal decision by the Committee of Ministers on the MCA.
Project II.3 - Media in a democratic society
Following an indicative vote (9 in favour, 10 against, 0 abstentions), the Chairman noted that the activity was not retained on an indicative basis.
Project II.4 - The European development of communication
II.C.132 - European Convention on Transfrontier Television
II.C. .. - European Convention/Protocol to the European Convention on Transfrontier Television covering copyright and associated rights in the case of satellite broadcasts
The Chairman noted that these activities were retained on an indicative basis. CONFIDENTIAL
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FIELD III - SOCIAL AND ECONOMIC AFFAIRS
The Director of Social and Economic Affairs pointed out that the CDPS had made minor drafting amendments to certain Projects within its field of competence which had been at the disposal of the Rapporteur Group and would be incorporated into the revised sheets to be submitted at the 449th meeting.
Project III.1 - The present and future population of Europe
The Chairman noted that this activity was retained.
Project III.2 - Population movements, demographic changes and employment
The Chairman noted that this Project was retained subject to the modification specified by the Rapporteur Group on p. 2 of its report GR-Soc(90)2, and the Group responsible for the Project being called a "joint Co-ordinating Group" composed of members of the CDPO and the CDMG.
Project III.3 - Community relations
Project III.4 - Changes in family structures, marginalisation and poverty
The Chairman noted that these Projects were agreed on an indicative basis.
Project III.5 - Social deprivation and human dignity
The Representative of Germany could agree to an activity not going beyond the Colloquy in late 1991.
The Representative of Sweden said an activity should not start until the Colloquy has taken place.
For the Representatives of Norway and United Kingdom, this was not a priority activity.
The Deputy Secretary General pointed out that this was an important activity for States where poverty was a problem, a problem that could not wait.
The Chairman noted that, following an indicative vote (18 in favour, 4 against, 0 abstentions), the activity was carried as described in CM(90)114.
Project III.6 - Ageing and social protection
Project III.7 - Situation and status of young people between school and work
Project III.8 - Childhood policies
Service activity 1 - Studies and research
Service activity 2 - Courses, training and fellowships CONFIDENTIAL
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Service activity 3 - Experiments in intercultural education
III.C.48 - European Code of Social Security and Protocol
III.C.78 - European Convention on Social Security and Supplementary Agreement
III.C.93 - European Convention on the Legal Status of Migrant Workers
The Chairman noted that these activities were retained on an indicative basis.
FIELD IV - EDUCATION, CULTURE, HERITAGE AND SPORT
I. Education
Project IV.11 - Language learning and European education
Project IV.12 - European dimension of education.
The Chairman noted that these activities were agreed as described in CM(90)114.
Project IV.13 - Distance teaching
For the Representatives of France and the Netherlands, this activity had a low priority.
Following an exchange of views, the Chairman noted that this activity was accepted.
Project IV.14 - Education in the cities
The Chairman recalled that this Project had been withdrawn.
Project IV.15 - Adult education
Project IV.16 - Language industries
Project IV.17 - Inter-university co-operation in postgraduate training
Service activity 1 - Major European university problems
Service activity 2 - Academic mobility
Service activity 3 - Regional transfrontier inter-university co-operation
Service activity 4 - Teacher bursaries scheme
Service activity 5 - European schools day
Service activity 6 - Educational research and documentation
The Chairman noted that these activities were retained as proposed. CONFIDENTIAL
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II. Culture
Project IV.21 - Analysis and evaluation of national cultural policies
Project IV.22 - Film and the cultural dimension of communication
Project IV.23 - European Cultural Routes
The Chairman noted that these Projects were retained, subject to a reference being included in Project IV.22 to the CDMM and UNESCO.
Project IV.24 - Promotion of cultural creation and dissemination
Project IV.25 - Culture and the Regions
The Chairman noted that these Projects could be maintained in 1991 but would need to be evaluated.
Service activity 1 - Council of Europe Art Exhibitions
Service activity 2 - Forum of European networks of cultural centres
Service activity 3 - Cultural documentation and research - CIRCLE
The Chairman noted that these activities were agreed as proposed.
III. Cultural heritage
Project IV.31 - The outlook for conservation: which theories?
Project IV.32 - Heritage sites and areas
Project IV.33 - The moveable heritage and sets of decorative items
The Representatives of Norway and Sweden stated that Project IV.33 was not a priority.
The Representatives of Germany, Greece, Portugal and Spain supported Project IV.33. Furthermore, the Cracow CSCE meeting ought to be taken into account for all three Projects.
The Director of Education, Culture, Heritage and Sport pointed out that the Cultural Heritage Committee unanimously agreed to undertake Project IV.33.
The Chairman noted that Projects IV.31-33 could be retained.
Service activity 1 - Technical assistance for the enhancement of the architectural heritage
Service activity 2 - Promotion of heritage skills and crafts
Service activity 3 - Co-operation between national and international heritage documentation centres
Service activity 4 - Raising awareness and education
The Chairman noted that these activities were agreed. CONFIDENTIAL
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IV. Sport
Project IV.41 - Ethical values in sport
Project IV.42 - Sport, the media and business
Project IV.43 - Sport and youth
Project IV.44 - Sport and cultural life
Project IV.45 - Future sports policies
Service activity 1 - Sport for all: promotion and participation
Service activity 2 - Exchange and analysis of information about sport
Service activity 3 - Co-ordination of sports research
The Chairman noted that these activities were agreed as described, subject to a mention in Project IV.42 that media aspects would be carried out in liaison with the CDMM.
Service activity 4 - Contacts with other regions of the world and sports organisations
The Chairman noted that this activity was agreed subject to the deletion of the words "other regions of the world" from the title.
Service activities financed by the General Budget
Service activity 1 - Funding of scientific networks
Service activity 2 - Subsidy to the European Centre for training craftsmen - Venice (San Servolo)
Conventional activities
IV.C.15 - ... - Legal foundations of academic recognition
IV.C.66 - European Convention on the Protection of the Archaeological Heritage
IV.C.120 - European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches
IV.C.121 - Convention for the Protection of the Architectural Heritage of Europe
IV.C.135 - Anti-Doping Convention
The Chairman noted that these activities were retained. CONFIDENTIAL
CM/Del/Concl(90)447 - 38 - Item 6
FIELD V - YOUTH
The representative of the Secretariat (Research and Planning Unit) recalled that at its meeting between 24-26 October 1990, the CDEJ had revised the activity sheets in Field V of CM(90)114 to take account of the Recommendations of the Ministerial Conference in Lisbon in September 1990. The Rapporteur Group had pronounced itself on the revised sheets, which the Secretariat could accept, and which could be submitted to the Deputies in final form for their 449th meeting.
Project V.1 - International youth mobility
The Chairman noted that this Project was agreed as revised.
Service activity 1 - Funding of the European Youth Centre
The Chairman noted that this activity was agreed, subject to a reference being included about co-ordination of activities with the Lisbon Centre for Global Interdependence and Solidarity.
Service activity 2 - Feasibility study of a second European Youth Centre
The Chairman recalled that the Rapporteur Group had proposed to modify the title to read: "Feasibility study of means of extending training and co-operation in the youth field".
The Secretary General added that this was an important activity for Central and Eastern European States, which had the support of the Lisbon Conference. The idea of a feasibility study was a good one, but the activity need not anticipate the results and should also look at other possibilities than a fixed second Youth Centre (such as an itinerant structure).
The Representatives of Italy and Norway could agree to the modified title and asked that consideration also be given to a better utilisation of the current Youth Centre in Strasbourg.
The Representatives of France and the United Kingdom had reservations about this activity in view of the possible budgetary increases entailed by a second Youth Centre.
The Representative of Hungary recalled that his country had offered to host a second Youth Centre, and that such a Centre would be an excellent way of integrating the young people from Central and Eastern Europe into the future Europe.
The Chairman noted that the feasibility study as revised was agreed and that the study would consider the other possibilities mentioned above.
Service activity 3 - Co-operation between the European Youth Cards Conference and the Council of Europe
Service activity 4 - Creation of a youth research unit in the European Youth Centre
Service activity 5 - Study on the promotion of a voluntary service at European level CONFIDENTIAL
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The representative of the Secretariat (Research and Planning Unit) pointed out that these were new activities to take account of recommendations of the Lisbon Conference. The Rapporteur Group had recommended to defer activity 4 pending re-examination within the framework of the 1992 Programme and following consideration by the Committee of experts on youth research and documentation (JE-RD).
The Chairman noted that activities 3 and 5 were approved on an indicative basis.
FIELD VI - HEALTH
Project VI.1 - Training and Planning in Health Services
Project VI.2 - Ethical aspects of health
Project VI.3 - Prevention and education for health
Project VI.4 - Screening and health education
Service activity 1 - Co-operation and training in blood transfusion and histocompatibility
Service activity 2 - Organ transplants
The Chairman noted that these activities were agreed, subject to the new proposals for fellowships as from 1992.
FIELD VII - ENVIRONMENT AND REGIONAL PLANNING
Project VII.1 - The European dimension of the environment
The Representatives of Germany and the United Kingdom, while agreeing that the protection of the environment was an important activity, had doubts about the scope of this Project and the risk of duplication of efforts with other international organisations.
The Representative of Switzerland indicated that this Project had a high priority for his authorities, especially in view of events in Central and Eastern Europe.
The Chairman noted that, following an indicative vote (19 in favour, 3 against, 0 abstentions), this activity was retained subject to the trimming of funds proposed by the Rapporteur Group in document GR-E(90)9.
Project VII.2 - Soil conservation and protection of the landscape
The Representatives of Denmark, France and the United Kingdom proposed that the phrase "The results of this activity might take the form of studies and legal instruments (Conventions, Recommendations or guidelines)" be deleted from this Project (see p. 168 of CM(90)114).
The Secretary General said that she had attended the Brussels Conference of Environment Ministers (11-12 October 1990), which had left open all possibilities for appropriate texts to deal with soil conservation. The deletion would therefore not reflect the Ministers' discussions. CONFIDENTIAL
CM/Del/Concl(90)447 - 40 - Item 6
The Representatives of Greece, Luxembourg and Spain supported the activity as originally worded in CM(90)114.
Following an indicative vote (17 in favour, 5 against, 0 abstentions), the Chairman noted that the phrase would be retained and the activity agreed, subject to the description of the Project taking into account Resolution No. 1 on soil conservation agreed at the Brussels Conference.
Project VII.3 - Genetics and ecosystems
Following an indicative vote (20 for, 3 against, 0 abstentions), the Chairman noted that this activity was retained.
Service activity 1 - Management of protected zones and habitats
Following an indicative vote on the need for a Symposium of directors and managers of diploma-holding sites (18 in favour, 0 against, 0 abstentions), the Chairman noted that this activity was retained.
Service activity 2 - European Nature Information and Education Centre - NATUROPA
The Chairman noted that this activity was agreed, subject to a reference being included to the continued publication of the "Naturopa" magazine.
VII.C.104 - Convention on the conservation of European wildlife and natural habitats
The Chairman noted that the activity was agreed, amending the text on the objective of the Convention to read "updating the list of protected species ...".
FIELD VIII - LOCAL DEMOCRACY
Project VIII.1 - The democratic district
The Chairman noted that this Project was retained subject to the title being changed to "Strengthening local democracy".
Project VIII.2 - Minority languages
The Chairman noted that this Project was retained.
Project VIII.3 - Cities and ecology
The Representatives of France, Norway and the United Kingdom had doubts about the priority of this Project and therefore asked for an indicative vote.
The representative of the Secretariat explained that the aim of this Project was to have a series of initiatives to help local authorities, with the Council playing the role of catalyst. As suggested by the Rapporteur Group (see p. 3 of document GR-E(90)9), the Project's objectives could be broadened to cover all urban ecological problems, on the understanding that the question of CONFIDENTIAL
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household waste would be the first to be considered in this context. Furthermore, the means of the Project could be reduced to the Project Group, 1 meeting of a working party (instead of 6), and consultants' expenses limited to 30,000 F (instead of 60,000 F). In addition, the CLRAE could be associated with this Project.
The Representative of Switzerland could agree to the above proposals by the Secretariat.
The Representative of Spain requested that the Committee of Ministers be informed as soon as possible of the composition of the Project Group and of the Working Party. Furthermore, all contacts or information relating to this issue should be channelled through the Permanent Representations in Strasbourg.
The Chairman noted that, following an indicative vote (15 in favour, 6 against, 0 abstentions), the Project was retained as revised.
VII.C.106 - European outline Convention on transfrentier co-operation between territorial communities or authorities
The Chairman noted that this activity was agreed, the number of specialists on the LR-Trans being raised to 11 to include a representative from Hungary.
FIELD IX - LEGAL CO-OPERATION
Project IX.0 - Legal aspects of the protection of minorities
The Representatives of France and the United Kingdom recognised the importance of this topic, but doubted whether it was the proper role of the Council of Europe to deal with such a highly political issue.
The Secretary General said that the issue of minorities was a reality, especially for countries of Central and Eastern Europe. New, or soon to be, member States assumed that the Council of Europe will deal with this issue and thus help contribute to a possible solution. The CSCE Summit in Paris (19-21 November 1990) will address this problem. Judging from the preparatory work of the Summit, the CSCE would itself deal with the issue where a minority threatened to become a source of conflict between two countries. The CSCE would then "sub-contract" to other international organisations, such as the Council of Europe, less political issues to provide solutions within their field of expertise (e.g. human rights, legal co-operation and culture).
The European Commission for Democracy through Law in Venice was not in a position to deal with the problem of minorities on its own. It was currently drafting a Charter on minorities but it had no other powers. The Council of Europe should therefore continue its good relations with the Commission. In conclusion, the Council had to act carefully and remain within its strict field of competence, but it had to be present.
The Chairman noted that, following an indicative vote (18 in favour, 2 against, 0 abstentions), the Project was retained. CONFIDENTIAL
CM/Del/Concl(90)447 - 42 - Item 6
Project IX.1 - Territorial asylum and refugees
The Representatives of France, Italy, Sweden and Switzerland preferred that the terms of reference and the frequency of meetings of the CAHAR remain the same as in 1990, possibly supplemented by a meeting of the bureau. The Representative of France furthermore asked that the words "shifting centre of gravity of the Geneva Convention" be deleted from the text.
The Representatives of Belgium, Italy and Switzerland believed that one should await the results of the Vienna Ministerial Conference on the Movement of Persons coming from Central and Eastern European Countries (January 1991) before commencing an activity.
The Representative of Sweden proposed that a merger of the CAHAR and CDMG in this context could be considered in future.
The Representative of Italy proposed to amend the phrase "States will have to match their asylum and refugee policies" (see p. 193 of CM(90)114).
The Director of Legal Affairs said that provision had to be made now for an appropriate follow-up to the Vienna Conference. He could agree to the amendments proposed by the Representatives of France and Italy, and suggested that the funds for the second meeting of the CAHAR be in a certain way frozen pending a decision by the Committee of Ministers on the follow-up to the Vienna Conference.
The Chairman noted that the compromise suggested by the Director was agreed.
Project IX.2 - Mass tourism and international responsibility
The Director of Legal Affairs said that if this Project was deleted as proposed by the Rapporteur Group (see document GR-J(90)1), the funds could be used to maintain the Committee of experts on administrative law (CJ-DA), whose continued work was supported by the CDCJ and the Rapporteur Group.
The Chairman noted that Project IX.2 was deleted, that the funds could be used to maintain the CJ-DA, and that a new activity sheet thereon would be drafted.
Project IX.3 - Data protection and the rights of the individual
Project IX.4 - Bioethics
Project IX.5 - The efficiency and fairness of criminal justice
The Chairman noted that these activities were retained, subject to the changes suggested by the Rapporteur Group (see p. 2 of GR-J(90)1) being incorporated into Project IX.4.
Project IX.6 - The law and the economy in a changing Europe
The Representatives of France, Norway, Sweden and the United Kingdom had reservations about the scope of this Project. CONFIDENTIAL
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The Director of Legal Affairs said that the Project could be revised so that it concentrates on specific issues. In particular, the activity should focus on the three areas stated at the top three indents on p. 204 of CM(90)114.
The Chairman noted that a formal decision on the activity as revised will be taken at the 449th meeting on the basis of the revised sheet.
Project IX.7 - Family law
The Representative of the Netherlands, supported by the Representatives of Austria, Cyprus, Greece, Hungary and Luxembourg, proposed the following amendments:
Under "Description and objectives" add: "The Committee has also been given the task by the CDCJ, following Assembly Recommendation 1121 (1990) on the rights of children, to consider the preparation of a draft European Convention on the rights of the child. Furthermore, the CJ-FA has, inter alia, the important task to deal with the legal protection of disabled adults (partial guardianship) on which several member States are currently preparing draft laws."
Under "Duration and results": "The CJ-FA will first have to complete its politically important work on a European Convention to promote the rights of the child. During this period the CJ-FA will also have the task to prepare the 2nd European Conference on family law which will take place in 1992 and which undoubtedly will result in additional topics on family law to be examined by the CJ-FA."
The number of meetings of the CJ-FA should be increased to 3, the CJ-FA-GT should hold 3 meetings, of 5 members, 12 days (3 days of each meeting for the draft Convention, 1 day of each meeting for the preparation of the European Conference on family law), and the expenses for consultants deleted.
The Chairman noted that the activity was agreed subject to the above modifications.
Project IX.8 - Protection of and prevention of damage to the environment
The Representative of Ireland had doubts about the need for a legally binding text in this area.
The Chairman noted that the activity was retained as presented in CM(90)114.
New Project proposed by the delegation of Switzerland:
"Prospects for international co-operation on criminal matters in a changing Europe"
The Director of Legal Affairs said he would contact the Swiss authorities and submit an activity sheet in time for the 449th meeting. CONFIDENTIAL
CM/Del/Concl(90)447 - 44 - Item 6
Service activity 1 - Colloquies on European law
The Representatives of Luxembourg and the United Kingdom proposed that the Committee of experts on Legal Data Processing (CJ-IJ) be maintained and not replaced by a Scientific Advisers' Group.
The Chairman noted that this activity was retained subject to the above change.
Service activity 2 - Criminological and Prison Conferences and Colloquia
Service activity 3 - Information and documentation
Conventional activities
IX.C.19 - European Convention on Establishment
IX.C.24-116 - European Conventions in the Penal Field
IX.C.25 - European Agreement on Regulations governing the movement of Persons between member States of the Council of Europe
IX.C.43 - Convention on the Reductions of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality
IX.C.65-125 - European Conventions for the Protection of Animals
IX.C.87 - European Convention for the Protection of Animals kept for Farming Purposes
IX.C.94 - European Convention on the Service Abroad of Documents relating to Administrative Matters
IX.C.100 - European Convention on the Obtaining Abroad of Information and Evidence in Administrative Matters
IX.C.105 - European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children
IX.C.108 - Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data
The Chairman noted that these activities were retained as presented in CM(90)114.
The Chairman made the following concluding statement:
"We have indicatively adopted the greater part of the Programme. Some points have been amended and the Secretariat will incorporate the amendments. CONFIDENTIAL
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I believe that we may take the view that these activities will raise no problems at our budgetary discussion. Besides, I have been struck by the sizeable majorities in most of the indicative votes we have held. However, at our budgetary meeting, we will have to formally confirm the appropriations in the corresponding budget articles (sub-heads). Other activities have been rejected, likewise indicatively.
There is still disagreement over some activities. The Secretariat will reconsider them before our budgetary meeting in the light of the delegations' comments with a view to submitting amended or alternative proposals to us by the end of next week.
The Secretariat will prepare, also by the end of next week, draft terms of reference for the new multidisciplinary groups which are not answerable to a steering committee. Thereafter it will speedily prepare proposals for the fellowships system (with effect from 1992) and any adjustments to working structures and methods which may be necessary."
The representative of the Secretariat (Research and Planning Unit) added that delegations would also receive documentation on modifications to simplify structural procedures. He emphasised that the documents on structural procedures and on fellowships and the draft terms of reference were not submitted for decision at the 449th meeting but only required a decision in early 1991.
The Representative of Sweden urged that the document on structures should be submitted by Friday 23 November 1990 in good time before the 449th meeting.
The Representative of Switzerland concluded that the work by the Rapporteur Groups had been very useful and that the procedure could therefore be used again for consideration of the 1992 Programme. He recognised the tight deadlines imposed on everyone involved and commended the excellent work of the Secretariat.
The Representative of Norway agreed that it had been useful to involve the Rapporteur Groups and that they should also be consulted in the future. He pointed out however that it had been extremely difficult to make cuts and limit expenses. He therefore proposed, supported by the Representative of the United Kingdom, that early in 1991 the Committee of Ministers should decide on an overall allocation for the 1992 budget, including an allocation for Vote II. It would then be the task for the Secretariat in co-operation with the Steering Committees to work out a programme for each Field of Activity for next year within the limits that had been stipulated.
Decisions
The Deputies
1. instructed the Secretariat to draw up, for the 449th meeting of the Deputies, a revised version of. the activity sheets which have been subject to amendments or modifications agreed in the present meeting; CONFIDENTIAL
CM/Del/Concl(90)447 - 46 - Item 6
2. agreed to resume their examination of the draft Intergovernmental Programme of Activities for 1991 at their 449th meeting, with a view to its adoption, in accordance with the procedure adopted at their 326th meeting, on the understanding that delegations will, as far as possible, avoid abstaining in votes on the draft Budget. 447th meeting - Nov. 1990
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7. SITUATION IN CYPRUS (Concl(90)445/8)
No delegation wished to make a statement under this item.
447th meeting - Nov. 1990
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8. CASES PENDING BEFORE THE EUROPEAN COMMISSION OF HUMAN RIGHTS Written Question No. 329 from Mr Bruton (CM(90)174)
The Chairman suggested inserting, in the draft reply prepared by the Secretariat, a paragraph referring to the decisions which the Committee of Ministers had taken in 1989 in order to enable the European Commission of Human Rights to sit on a semi-permanent basis, to the entry into force of Protocol No. 8 and to the posts which the Committee had agreed to create with effect from 1 October 1990.
The Representative of Denmark, pointing out that, at the informal Ministerial Conference on Human Rights held in Rome on 5 November 1990, the President of the European Commission of Human Rights had devoted much of his statement to the steps taken to increase the capacity for processing applications, endorsed the Chairman's proposal.
The Representative of Norway also agreed with the Chairman's proposal and suggested that the reply to the Written Question also mention the posts created in, or transferred to, the Secretariat of the European Commission of Human Rights during the period in question.
The Chairman noted that it was so agreed.
Decision
The Deputies adopted the following reply to Written Question No. 329 by Mr Bruton:
"According to the information provided by the Secretariat of the European Commission of Human Rights, the number of cases pending before the Commission was
- as at 31 December 1980: 784
- as at 31 December 1981: 733
- as at 31 December 1982: 879
- as at 31 December 1983: 918
- as at 31 December 1984: 888
- as at 31 December 1985: 841
- as at 31 December 1986: 1043
- as at 31 December 1987: 1298
- as at 31 December 1988: 1666
- as at 31 December 1989: 1788.
As at 15 October 1990, the number of cases pending was 2223. CONFIDENTIAL
CM/Del/Concl(90)447 - 50 - Item 8
The Committee of Ministers further wishes to inform the Honourable Member of the Assembly of the changes brought about in the permanent establishment of the Secretariat of the European Commission of Human Rights during the period covered by his Question. Posts created in or transferred to that Secretariat between 1981 and 1989 are as follows: 8 grade B3 posts, 1 grade B5 post, 7 grade A2/A3 posts, 3 grade A4 posts and 1 grade A5 post. Lastly, the Committee of Ministers has approved the creation of two A5 grade posts and of one B3 grade post in the Secretariat of the European Commission of Human Rights with effect from 1 October 1990.
The Committee of Ministers furthermore wishes to draw the attention to the fact that, following the decisions it took in Autumn 1989, the European Commission of Human Rights has been meeting on a semi-permanent basis since 1 January 1990. On the same date, Protocol No. 8 to the European Convention on Human Rights came into force, the provisions of which allow an alleviation of the procedure and, thus, a greater number of applications to be dealt with.
The Committee of Ministers wishes to stress that as these various measures have been introduced only recently, they could not yet in 1990 have had their full effect; however, it has no doubt that these various measures will enable the Commission to further increase its capacity for the handling of applications in the near future.". 447th meeting - Nov. 1990
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9. CREATION OF A COUNCIL OF EUROPE/EUROPEAN CINEMA AND TELEVISION OFFICE (ECTO) LIAISON COMMITTEE (CM(90)179)
The Representative of Switzerland said that an exchange of information and a dialogue between the CDMM, the CDCC and the Board of Management of EURIMAGES on the one hand and the European Cinema and Television Office (ECTO) on the other was necessary. However, there was no need to create a new committee to this end since the tasks could be assumed by the Select Committee of Experts on the production, distribution and marketing of European audiovisual works (MM-R-PD).
The Representatives of Sweden and the Netherlands were against creating a new committee. This seemed costly, complicated and not efficient. The UN method of giving a certain status to non-governmental organisations seemed preferable.
The Representative of Ireland said that the Secretariat proposal required better justification insofar as new structures were involved. This being said, the important thing was to associate people with hands-on experience in the media with the Council of Europe.
The Representative of Germany agreed with his colleagues and suggested the CDMM should deal with the matter on an ad hoc basis, inviting non-governmental organisations whenever they were concerned.
The Representative of the United Kingdom strongly supported the Secretariat proposal, the purpose of which was to avoid too much bureaucracy and to avoid the CDMM and the other bodies concerned being inundated by observers. The Council of Europe needed the experience of people with hands-on experience in the media and the proposed liaison committee seemed a good and flexible way to achieve this. Of course, the creation of such a liaison committee with one body should not exclude contacts with other groups of media professionals, as required.
The Head of Division II of the Directorate of Human Rights added that the CDMM, the CDCC and the Board of Management of EURIMAGES were faced by a dilemma. On the one hand, there was a strong need to associate media professionals with the work in order to ensure that it was attuned to the realities and needs of the sector. On the other hand, there was a need to preserve the intergovernmental character of the work and its efficiency. The CDMM in particular had been under strong pressure to admit a large number of organisations as observers. Hitherto it had resisted this pressure and had resorted to ad hoc formulae. The pressure had now stepped up and the Audiovisual Conference as well as the European Cinema and Television Year had confirmed the need for closer and more systematic contacts between professionals and European institutions. CONFIDENTIAL
CM/Del/Concl(90)447 - 52 - Item 9
Therefore, the Secretariat had considered ways and means of implementing a more systematic form of concertation without impinging on the work of the Council of Europe bodies concerned and without opening them up to a potentially unlimited number of observers. The basic idea underlying the proposal was to provide a flexible framework, modelled on the Liaison Committee with Management and Labour in the social sector, within which periodic exchanges of views and information could be channelled. In that way official recognition would be given to the need to take account of the opinions of the professionals. The membership of the committee would be restricted, it would not hold more than two meetings each year and the Chair would be assumed by a representative from the Council of Europe side.
The MM-R-PD was a select committee of experts, subordinate to the CDMM, dealing exclusively with production, distribution and marketing of audiovisual works. Its area of activity concerned only a very limited sector and it was therefore not suited for general liaison purposes. Ad hoc consultation with the professional bodies would impinge on the efficiency of the everyday work of the CDMM and make it less efficient.
The Deputy Secretary General said that the Board of Management of EURIMAGES had also felt the need for close contacts with the professionals. It had pronounced itself against granting them any particular status since it wanted to maintain the intergovernmental character of EURIMAGES. Nevertheless, it had been forced to promise these bodies a yearly hearing. If the CDMM and the CDCC were also forced to hold hearings, it seemed more efficient to set up such a joint liaison structure.
The Representative of the Netherlands said that there was a proliferation of bodies in this field and that Audiovisual EUREKA should be mentioned in this context.
The Representative of Sweden, supported by the Representative of Germany, said that in a liaison committee not all member States could be represented. She therefore preferred observer status for NGOs. She also asked for clarification about the attitude of the CDMM, the CDCC and the Board of Management of EURIMAGES.
The Head of Division II said that the bureaux of the CDMM, the CDCC and of the Board of Management of EURIMAGES had been consulted in writing in order to give them an opportunity to submit comments with a view to the present discussion; to date no such comments had reached the Secretariat.
Summing-up the discussion, the Chairman noted that the Secretariat would prepare revised proposals for the 449th meeting of the Deputies, and that it would try to get the views of the Bureaux of the CDMM, the CDCC and the Board of Management of EURIMAGES by then.
Decisions
The Deputies
1. asked the Secretariat to revise its proposals for the possible setting up of a Council of Europe/European Cinema and Television Office (ECTO) Liaison Committee;
2. agreed to resume consideration of this item at A level at their 449th meeting (November/December 1990). 447th meeting - Nov. 1990
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10. CONDITION OF TRANSSEXUALS Assembly Recommendation 1117 (Concl(90)431/33)
Decisions
The Deputies
1. adopted Decisions Nos CM/496/161190 and CM/497/161190 assigning ad hoc terms of reference to the European Committee on Legal Co-operation (CDCJ) and to the Steering Committee for Human Rights (CDDH) as they appear respectively at Appendices 3 and 4 to these Conclusions;
2. adopted the following interim reply to Assembly Recommendation 1117 on the condition of transsexuals:
"1. The Committee of Ministers has examined Assembly Recommendation 1117 on the condition of transsexuals. For its examination it has taken into consideration the judgment of the European Court of Human Rights in the Cossey case, rendered on 27 September 1990, and the Resolution of the European Parliament on discrimination against transsexuals, adopted on 12 September 1989 and calling on the Council of Europe to enact a Convention for the protection of transsexuals.
2. The Committee of Ministers notes that in its judgment in the Cossey case the European Court of Human Rights has held that the refusal of a member State to rectify the reference to the sex of a transsexual in the register of births is no violation of the European Convention on Human Rights. The Court, however, declared that "it is conscious of the seriousness of the problems facing transsexuals and the distress they suffer. Since the Convention always has to be interpreted and applied in the light of current circumstances, it is important that the need for appropriate legal measures in this area should be kept under review."
3. The issues raised in Assembly Recommendation 1117 are extremely complex. The Committee of Ministers has therefore asked both the European Committee on Legal Co-operation (CDCJ) and the Steering Committee for Human Rights (CDDH) to give an opinion on Assembly Recommendation 1117, in particular its paragraph 11.
4. Concerning paragraph 11.d. of the Recommendation, it should be underlined that Article 14 of the European Convention on Human Rights prohibits discrimination only in relation to the rights guaranteed in the Convention.";
3. agreed to resume consideration of this item at one of their future meetings at B level when they have received the opinions of the CDCJ and the CDDH.
447th meeting - Nov. 1990
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- 55 - CM/Del/Concl(90)447 Item 11
11. DESTRUCTION OF TROPICAL FORESTS Written Question No. 327 by Mr Bruton (Assembly Resolution 919, CM(90)172)
The Representative of Switzerland asked for more information about the state of preparation of the Ad hoc Pan-European Ministerial Conference on the protection of forests.
The Head of the Environment Conservation and Management Division said that the Conference had seven themes:
- the setting-up of a European network of permanent sample plots for monitoring of forest ecosystems;
- definition of a common policy on the conservation of forest genetic resources;
- the setting-up of a decentralised European data bank on forest fires;
- the adaptation of the management of mountain forests to new environmental conditions;
- the expansion of the EUROSILVA network of research on tree physiology;
- the setting-up of a European network for research into forest ecosystems;
- the follow-up and continuation of works begun at the Strasbourg conference.
With respect to the last item, it was at the moment not envisaged to set up a Secretariat but to hold similar conferences in the future.
It was expected that the Conference would be opened by President Mitterrand and in that case other heads of State might participate as well. Otherwise it was hoped that delegations would be headed by the competent Minister of the respective country. If President Mitterrand were present, the opening session would be held in the hemicycle.
The Representative of Norway said that the Norwegian Minister for Agriculture would be present.
In reply to a question by the Representative of Germany, the Head of the Environment Conservation and Management: Division confirmed that the Conference had not been prepared by the Council of Europe. The Council of Europe had been represented at two preparatory meetings in Geneva, but was not responsible for the results of these meetings. The Council of Europe would mainly provide the rooms, administrative support, interpretation into the official languages and it would ensure the distribution of the documentation established under the responsibility of the French authorities. The French authorities would ensure interpretation into other languages. CONFIDENTIAL
CM/Del/Concl(90)447 - 56 - Item 11
The Representative of Greece regretted that up till now the Deputies had not received more information about the state of preparation of this Conference.
The Secretary General said that the preparation of this Conference had been evoked several times under the item "Conferences of Specialised Ministers - state of preparation". In particular, at their 436th meeting (March 1990, item 6), the Deputies had taken note of the intention of the French and Finnish authorities to organise the Conference. Of course this was no Council of Europe conference but a conference prepared by member States to which the Council of Europe gave its support.
In reply to a remark made by the Representative of Italy, the Secretary to the Committee confirmed that the invitations to this Conference had been issued by the French and Finnish governments and not by the Council of Europe.
Decisions
The Deputies
1. adopted the following reply to Written Question No. 327 by Mr Bruton:
"1. The Committee of Ministers notes that Assembly Resolution 919 contained, as is customary for Assembly Resolutions, no request addressed to the Committee of Ministers. The Ministers' Deputies therefore, at their 426th meeting, in May 1989, took note of Assembly Resolution 919, and have forwarded it to their governments.
2. The Council of Europe at present contributes to the protection of European forests in particular by assisting the preparations of the Ad hoc pan-European Ministerial Conference on the Protection of Forests, to be held in Strasbourg on 18 and 19 December 1990 following an initiative by the Finnish and French authorities. The Committee of Ministers shares the Assembly's concern about the deterioration of the situation of tropical forests and about the potential grave consequences for the whole of mankind. Nevertheless, the Committee of Ministers does not consider the Council of Europe as the appropriate body to tackle this problem. Other organisations are already active on this subject and a world Convention on bio-diversity is being proposed under the auspices of the United Nations Environment Programme with a view to its adoption in 1992.";
2. agreed to forward Assembly Resolution 919 to their governments. 447th meeting - Nov. 1990
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12. GRAPHIC STYLE OF THE COUNCIL OF EUROPE (Concl(90)445/32, GR-I(90)3)
Decision
The Deputies agreed to resume consideration of this item at A level at one of their forthcoming meetings.
447th meeting - Nov. 1990
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13. PREPARATION OF FORTHCOMING MEETINGS
Decision
The Deputies approved the draft agenda for their 449th meeting (26 November - 7 December 1990, A and B levels) as it appears at Appendix 2 to these Conclusions.
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14. REFORM OF CO-ORDINATION (of staff remuneration) Draft Regulations concerning the Co-ordination System (Concl(90)446/18, CM(90)156)
Decisions
The Deputies
1. approved the Regulations concerning the Co-ordination System, as they appear at Appendix 5 to these Conclusions;
2. noted, with regard to Article 7 of the Regulations (Entry into force) that identical Regulations have already been approved by the OECD Council;
3. decided to bring the foregoing decisions to the attention of the Governing bodies of the other Co-ordinated Organisations.
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APPENDIX 1
447th MEETING OF THE MINISTERS' DEPUTIES (Strasbourg, 14 (9.30 am) (*) - 16 November 1990 - A level)
AGENDA
1. Adoption of the Agenda (Notes No. 8068 of 13.11.90)
Political and General Policy Questions
2. Political aspects of European co-operation and of current international events (Resolution (84)21, Concl(90)445/2) (Notes No. 8069 of 22.10.90)
3. Relations with countries of Central and Eastern Europe (Concl(90)445/3) (Notes No. 8070 of 13.11.90)
4. Committee of Ministers - Follow-up to the 87th Session (6 November 1990) (CM(90)PV 6 prov.) (Notes No. 8071 rev. of 14.11.90)
5. Structures of European co-operation - Assembly Recommendation 1129 (Concl(90)445/6a) (Notes No. 8072 of 29.10.90 and Add. of 12.11.90)
6. Draft Intergovernmental Programme of Activities for 1991 (Concl(90)445/33, CM(90)114, CM(90)148 and Add. of 29.10.90, CM(90)187 rev. of 12.11.90 and 188 rev. of 12.11.90) (Notes No. 8073 of 29.10.90)
7. Situation in Cyprus (Concl(90)445/8) (Notes No. 8066 of 22.10.90)
(*) The meeting will start with a ceremony to mark the accession of Hungary to the Council of Europe, chaired by M. F.Fernandez Ordoñez, Minister for Foreign Affairs of Spain and Chairman of the Committee of Ministers and in the presence of M. G. Jeszenszky, Minister for Foreign Affairs of Hungary. At about 10.30 am it will be followed by an exchange of views between the Chairman of the Committee of Ministers and the Ministers Deputies. CONFIDENTIAL
CM/Del/Concl(90)447 - a2 - Appendix 1
Human Rights and Mass Media
8. Cases pending before the European Commission of Human Rights - Written Question No. 329 by Mr. Bruton (CM(90)174) (Notes No. 8074 of 5.10.90)
9. Creation of a Council of Europe/European Cinema and Television Office (ECTO) Liaison Committee (CM(90)179) (Notes No. 8075 of 29.10.90)
Legal Questions
10. Condition of transsexuals - Assembly Recommendation 1117 (Concl(89)431/33) (Notes No. 8067 of 29.10.90)
Environment and Local Authorities
11. Destruction of tropical forests - Written Question No. 327 by Mr. Bruton (Assembly Resolution 919, CM(90)172) (Notes No. 8076 of 2.10.90)
Press and Information
12. Graphic style of the Council of Europe (Concl(90)445/32) (Notes No. 8077 of 29.10.90 and Add. of 13.11.90)
Administrative Questions
13. Preparation of forthcoming meetings (Notes No. 8078 of 15.11.90)
Any other business
14. Reform of Co-ordination (of staff remuneration) - Draft Regulations concerning the Co-ordination System (Concl(90)446/18, CM(90)156) (Notes No. 8109 of 9.11.90) 447th meeting - Nov. 1990
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APPENDIX 2
449th MEETING OF THE MINISTERS' DEPUTIES (Strasbourg, 26 November (3 pm) - 30 November 1990 (Budget) - A level 3 December (3 pm) - 4 December 1990 - B level 5 December (10.15 am) - 7 December - A level)
DRAFT AGENDA
1. Adoption of the Agenda (Notes No. 8134 of ...)
Political and General Policy Questions
2. Political aspects of European co-operation and of current international events (Resolution (84)21, Concl(90)447/2) (Notes No. 8126 of 16.11.90)
3. Relations with countries of Central and Eastern Europe (Concl(90)447/3) (Notes No. 8135 of ...)
4. Communication from the Secretary General
5. Parliamentary Assembly -Texts adopted by the Standing Committee - Paris, 22 November 1990 (Notes No. 8136 of ...)
NB. In accordance with the deadline rules for the dispatch of reference documents and Notes on the Agenda, the date limits are:
A level CM : 29 October 1990 (Budget) Notes: 9 November 1990
B level CM : 5 November 1990 Notes: 16 November 1990
A level CM : 5 November 1990 Notes: 20 November 1990 CONFIDENTIAL
CM/Del/Concl(90)447 - a4 - Appendix 2
6. Fuller dialogue between the Committee of Ministers and the Parliamentary Assembly - Written Question No. 325 by Mr Bruton (CM(90)170) (Notes No. 8139 of ...)
7. Situation in Cyprus (Concl(90)447/7) (Notes No. 8125 of 16.11.90)
8. Conferences of Specialised Ministers - State of preparation (Concl(90)445/9, CM(90)..., SG/D/Inf(90)...) (Notes No. 8137 of ...)
*9. Protection of Human Rights and protection of pluralistic democracy - Written Question No. 328 by Mr Bruton (CM(90)173) (Notes No. 8120 of 16.11.90)
Human Rights and Mass Media
10. Informal Ministerial Conference on Human Rights (Rome, 5 November 1990) - Follow-up (Notes No. 8138 of ...)
11. Steering Committee for Human Rights (CDDH) - Report of the 29th meeting (Strasbourg, 15-19 October 1990) (CM(90)195 and Add. I-IV) (Notes No. 8140 of ...)
12. Merging the European Commission of Human Rights and the European Court of Human Rights - Written Question No. 330 by Mr Bruton (CM(90)175) (Notes No. 8132 of 19.11.90)
13. Creation of a Council of Europe/European Cinema and Television Office (ECTO) Liaison Committee (Concl(90)447/9, CM(90)179) (Notes No. 8141 of ...)
Legal Questions
14. Rights of minorities - Assembly Recommendation 1134 (Concl(90)445/6a) (Notes No. 8131 of ...)
*15. Accession of Yugoslavia to the Convention on the elaboration of a European Pharmacopoeia (ETS No. 50) and to the Convention for the Protection of the Architectural Heritage of Europe (ETS No. 121) (Concl(90)443/3, CM(90)135) (Notes No. 8121 of 16.11.90)
* - B level CONFIDENTIAL
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*16. Accession of Yugoslavia to the European Convention for the protection of animals kept for farming purposes (ETS No. 87) and to the European Convention for the protection of animals for slaughter (ETS No. 102) (Notes No. 8122 of 16.11.90)
*17. Importance of an independent legal system - Written Question No. 326 by Mr Bruton (CM(90)171) (Notes No. 8108 of 16.11.90)
*18. Drug abuse - Written Question No. 331 by Mr Bruton (CM(90)176, Assembly Recommendation 1085) (Notes No. 8116 of 16.11.90)
#*19. Terrorism - Written Question No. 333 by Mr Bruton (CM(90)178, Assembly Recommendation 1044) (Notes No. 8112 of 15.11.90)
Social and Economic Questions
#*20. Committee on the rehabilitation and resettlement of the disabled (Partial Agreement) (CD-P-RR) - Report of the 13th Session (Vienna, 4-7 September 1990) (CM(90)198) (Notes No. 8117 of 16.11.90)
Education, Culture and Sport
#*21. Monitoring Group of the Anti-Doping Convention - Report of the 1st meeting (Strasbourg, 9-10 August 1990) (CM(90)196) (Notes No. 8111 of 14.11.90)
Administrative Questions
22. Adjustment of scales for contributions by member States to the budgets of the Council of Europe (CM(90)143) (Notes No. 8119 of 15.11.90)
23. Regulations introducing special measures to terminate the service of permanent staff of the Council of Europe (CM(90)193) (Notes No. 8128 of ...)
* - B level # - No debate envisaged CONFIDENTIAL
CM/Del/Concl(90)447 - a6 - Appendix 2
24. Council of Europe budgets - General accounts for the financial year 1989, and report of the Board of Auditors (CM(90)16, 20, 21 and 30)
a. Accounts of the General Budget (Ordinary Budget and Subsidiary Budget of the European Youth Centre, Extraordinary Budget and Pensions Budget)
#b. Accounts of the Partial Agreement in the Social and Public Health Field
#c. Accounts of the European Pharmacopoeia
#d. Accounts of the Partial Agreement on the Resettlement Fund
#e. Accounts of the Partial Agreement on the Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group)
#f. Accounts of the Partial Agreement on the Co-operation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters
g. Accounts of the Partial Agreement on the Support Fund for the Co-production and Distribution of Creative Cinematographic and Audiovisual Works "Eurimages"
(Notes No. 8113 of 13.11.90)
25. Council of Europe budgets - 1990 budgetary situation (CM(90)138 and 168, paragraphs 4-6) (Notes No. 8115 of 14.11.90)
26. Council of Europe budgets - Financial year 1991 - Draft budget and Intergovernmental Programme of Activities
Part 1 - Ordinary Budget and Subsidiary Budget of the European Youth Centre, Draft Intergovernmental Programme of Activities, and report of the Budget Committee (Concl(90)447/6, CM(90)139, Part 1 and Add., CM(90)168, paragraphs 7-67, CM(90)131, 134, 140, 141 and 193, CM(90)114, 148 and Add., 187 rev. and 188 rev.)
Part 2 - Extraordinary Budget for the financing of the construction of the Human Rights Building, and report of the Budget Committee (CM(90)139, Part 2, CM(90)168, paragraphs 68 and 69)
# - No debate envisaged CONFIDENTIAL
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Part 3 - Pensions Budget, and report of the Budget Committee (CM(90)139, Part 3 and Add., CM(90)168, paragraphs 70 and 71)
Part 4 - Budget of the Partial Agreement in the Social and Public Health Field, and report of the Budget Committee (CM(90)139, Part 4, CM(90)168, paragraph 72)
Part 5 - Budget of the European Pharmacopoeia, and report of the Budget Committee (CM(90)139, Part 5, CM(90)168, paragraphs 73 and 74)
Part 6 - Budget of the Partial Agreement on the Social Development Fund, and report of the Budget Committee (CM(90)139, Part 6, CM(90)168, paragraphs 75 and 76)
Part 7 - Budget of the Partial Agreement on the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group), and report of the Budget Committee (CM(90)139, Part 7, CM(90)168, paragraphs 77 and 78)
Part 8 - Budget of the Partial Agreement on the Co-operation Group for the prevention of, protection against, and organisation of relief in natural and technological disasters, and report of the Budget Committee (CM(90)139, Part 8, CM(90)168, paragraphs 79-81)
Part 9 - Budget of the Partial Agreement on the European Support Fund for the Co-production and Distribution of Creative Cinematographic and Audio-visual Works (Eurimages), and report of the Budget Committee (CM(90)139, Part 9 and Add., CM(90)168, paragraphs 82-84)
Part 10 - Budget of the Partial Agreement on the European Commission for Democracy through Law, and report of the Budget Committee (CM(90)139, Part 10, CM(90)168, paragraphs 85 and 86)
(Notes No. 8118 of 15.11.90 and Add. of ....)
27. Staff salaries (CM(90)... of ...) (Notes No. 8142 of ...) CONFIDENTIAL
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28. Regulations on part-time work (CM(90)194) (Notes No. 8130 of ...)
*29. Board of Auditors - Appointment of a member (Concl(79)302/XXIV and (90)443/40, CM(90)37 and Add.) (Notes No. 8129 of 16.11.90)
#*30. Accounts of the Cultural Fund for the financial year 1989 (CM(90)17 and 20) (Notes No. 8123 of 16.11.90)
#*31. Accounts for the Sports Fund for the financial year 1989 (CM(90)18 and 20) (Notes No. 8124 of 16.11.90)
#*32. Convention relating to stops on bearer securities in international circulation - 1989 accounts and estimated 1991 running costs of the Office National des Valeurs Mobilières in Brussels in its capacity as Central Office (CM(90)19) (Notes No. 8143 of ...)
33. Preparation of forthcoming meetings (Notes No. 8144 of ...)
Any other business
* - B level # - No debate envisaged 447th meeting - Nov. 1990
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APPENDIX 3 (item 10)
DECISION No. CM/496/161190
Ad hoc terms of reference
1. Name of relevant committee: EUROPEAN COMMITTEE ON LEGAL CO-OPERATION (CDCJ)
2. Source of terms of reference: Committee of Ministers
3. Completion date: 31 December 1991
4. Terms of reference: To give an opinion on Assembly Recommendation 1117 on the condition of transsexuals, in particular its paragraph 11, taking into account the Resolution on discrimination against transsexuals adopted by the European Parliament on 12 September 1989 and the decision of the European Court of Human Rights in the Cossey case.
5. Other committee(s) to be Steering Committee for Human informed of terms of Rights (CDDH), European reference: Committee for Equality between Women and Men (CEEG)
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APPENDIX 4 (item 10)
DECISION No. CM/497/161190
Ad hoc terms of reference
1. Name of relevant committee: STEERING COMMITTEE FOR HUMAN RIGHTS (CDDH)
2. Source of terms of reference: Committee of Ministers
3. Completion date: 31 December 1991
4. Terms of reference: To give an opinion on Assembly Recommendation 1117 on the condition of transsexuals, in particular its paragraph 11, taking into account the judgment of the European Court of Human Rights in the Cossey Case and the Resolution on discrimination against transsexuals adopted by the European Parliament on 12 September 1989.
5. Other committee(s) to be European Committee on Legal informed of terms of reference: Co-operation (CDCJ), European Committee for Equality between Women and Men (CEEG)
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APPENDIX 5 (item 14)
REGULATIONS CONCERNING THE CO-ORDINATION SYSTEM (approved by the Committee of Ministers on 16 November 1990 at the 447th meeting of the Ministers' Deputies)
Article 1
Scope of Co-ordination
a) The object of the Co-ordination System is to provide recommendations to the Governing bodies of the Co-ordinated Organisations, in accordance with the provisions of this Decision, concerning:
i. Basic salary scales, and the method of their adjustment, for all categories of staff and for all countries where there are active staff or recipients of a pension;
ii. Pension Scheme Rules;
iii. The object, the amount and the method of adjustment of:
- expatriation allowance - household allowance - installation allowance - dependent persons allowance - daily rates of subsistence allowance - kilometric allowance - expatriate child's allowance - education allowance - handicapped child's allowance b) Recommendations to the Governing bodies are made by the Co-ordinating Committee on Remuneration (CCR) after consultation with the Committee of Representatives of the Secretaries/Director-General (CRSG) and the Committee of Staff Representatives (CSR) which are created according to the provisions of this Decision. c) At the request of one or more Governing bodies, the CCR may give its opinion or make recommendations on any other question relating to remuneration having significant budgetary consequences for several Co-ordinated Organisations. CONFIDENTIAL
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Article 2
Co-ordinating Committee on Remuneration (CCR)
a) Each member State of one of the Co-ordinated Organisations may nominate one representative to the CCR who may be assisted by alternate delegates and advisers. b) The CCR shall elect its Chairman by consensus for a three year mandate extendible on a yearly basis, after consultation with the Secretaries/Director-General and after being informed of the views of the CSR. c) The Chairman of the CCR shall act as the impartial Chairman of the whole co-ordination process and shall look after its harmonious, rapid and efficient functioning. d) The Chairman shall be assisted by one Vice-Chairman elected annually by the CCR. e) The CCR may designate one of its members to act as its spokesman.
Article 3
Committee of Representatives of the Secretaries/Director-General (CRSG)
a) The Secretary/Director-General of each Co-ordinated Organisation shall appoint one representative to the CRSG who may be assisted by alternate delegates and advisers. b) The Chairman and Vice-Chairman of the CRSG shall be designated according to the procedures established by the CRSG. c) The Chairman of the CRSG shall act as its spokesman. d) The Secretaries/Director-General may meet as the Committee of Secretaries/Directors General (CSG). e) The CSR shall be given the prior possibility to outline to the CRSG any subjects related to remuneration policy which they consider should be raised at the sessions of the CSG.
Article 4
The Committee of Staff Representatives
a) The representative statutory body of the staff of each Co-ordinated Organisation may appoint one delegate to the CSR as well as the alternate delegates and advisers who may accompany him. b) The Chairman of the CSR shall act as its spokesman. He may be assisted by a Vice-Chairman. CONFIDENTIAL
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Article 5
Procedures
a) The CCR shall adopt a detailed work programme, the draft of which is drawn up by its Chairman in consultation with the CRSG and the CSR, of all items to be discussed in the next calendar year. This approved work programme shall include the timetable for considering all items mentioned therein. The Secretaries/Director-General shall submit, each with his own comments if appropriate, the CCR work programme to the Governing body of each Co-ordinated Organisation for information and possible suggestions.
b) The Governing body of any Co-ordinated Organisation may ask the CCR for its opinion on any question falling within its mandate.
c) The CRSG, after consultation with the CSR, shall make proposals relating to matters which fall within the competence of the CCR as defined in Article 1 above, and present them to the CCR accompanied by any comments and views of the CSR.
d) Any member of the CCR may make proposals to the CCR. After appropriate consultations, the Chairman of the CCR shall decide which proposals have broad support amongst member States and therefore shall be brought forward for discussion in the joint meetings.
e) Before the CCR makes its recommendations, it shall meet jointly with the CRSG and the CSR to discuss the proposals. The Chairman of the CCR shall preside over joint meetings.
f) The CCR, the CRSG and the CSR may meet separately or any two together. The Chairman of the CCR shall act as Chairman whenever the CCR meets with the CRSG or with the CSR.
g) Proposals by the CRSG which are considered non-controversial by the Chairman of the CCR may be submitted to the CCR through a written procedure. In this case, recommendations shall be considered as accepted by the CCR if, normally within three weeks of their notification to the members of the CCR, or before such other deadline as may be set by the Chairman of the CCR, no objection has been brought to the attention of the Chairman of the CCR.
h) All recommendations of the CCR shall be made by consensus. In the event that no consensus has been reached after an item has been examined at three joint meetings of the CCR, the Chairman shall submit his report to Governing bodies on the different views expressed in the CCR, outlining as far as possible the broad lines of consensus.
i) The CCR may establish working parties which shall operate according to agreed mandates and shall normally provide for the participation of representatives of the CRSG and the CSR. CONFIDENTIAL
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j) The Chairman of the CCR shall notify the Secretaries/Director-General of all reports and recommendations and, in cases where the CRSG and/or CSR are not in agreement with any comments or recommendations made, they should contain a full exposé of their dissenting views. The Secretaries/Director-General shall transmit these reports and recommendations to the Governing body of their Organisations, as soon as possible. k) The Governing body of each Co-ordinated Organisation shall decide on the recommendations made to it by the CCR.
1) The Secretary/Director-General of each Organisation shall be responsible for the implementation of the decisions.
Article 6
Members and Observers
a) The Governing bodies of the Co-ordinated Organisations may, after having sought the advice of the CCR, accept unanimously that other international organisations participate in the system of co-ordination as members or observers. b) An international organisation may only become a member of the co-ordination system upon approval by its Governing body of the decisions concerning co-ordination then in force. c) When an international organisation has been admitted to participate in the system of co-ordination as an observer, the agenda, minutes and documents of the CCR, CRSG and CSR shall be provided respectively to its member countries, Secretary or Director-General and representative statutory body of its staff. Their representatives shall attend as observers the meetings of the CCR, CRSG and CSR. d) The Governing body of any Co-ordinated Organisation may decide to terminate the application of these Regulations to that Organisation by giving one calendar year's notice to that effect. It will transmit such a decision to the other Co-ordinated Organisations. In such instance, these Regulations will remain applicable as far as the other Co-ordinated Organisations are concerned.
Article 7
Entry into force
These regulations shall enter into force when approved by the Governing bodies of the Council of Europe, the European Centre for Medium Range Weather Forecasts, the European Space Agency, the North Atlantic Treaty Organisation, the Organisation for Economic Co-operation and Development and the Western European Union. On such a date, the Co-ordinating Committee of Government Budget Experts set up on 23 May 1958 will cease to exist. After three years of operation of the system, it may be reviewed.