COUNCIL CONSEIL
OF EUROPE DE L'EUROPE
COMMITTEE OF MINISTERS
CONFIDENTIAL CM/Del/Concl(80)318
CONCLUSIONS
OF THE 318th MEETING
OF THE MINISTERS' DEPUTIES
HELD IN STRASBOURG
FROM 28 TO 30 APRIL 1980
STRASBOURG CONFIDENTIAL
CM/Del/Concl(80)318 - i -
SUMMARY
Page
1. Adoption of the Agenda 7
2. State of written procedures 9
Adoption of decisions without debate
3. 1980 annual review of the daily subsistence allowance rates for staff of the Co-ordinated Organisations travelling on duty - 170th report of the Co-ordinating Committee of Government Budget Experts 11
4. Council of Europe Budget - Accounts of the Cultural Fund for the financial year 1978 13
Human rights
5. Economic, social and cultural rights - Written Question No. 225 by Mr Peridier and others 15
6. Protection of personal data - Recommendation 890 21
Legal Questions
7. Resolution No. 4 of the 11th Conference of European Ministers of Justice on the death penalty - Opinions by the CDDH and the CDPC 23
8. Ad hoc Committee on Legal Aspects of Territorial Asylum and Refugees (CAHAR) - Report of the 6th meeting (Strasbourg, 12-16 November 1979) 29 CONFIDENTIAL
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9. Teaching, research and training in the field of "computers and law" - Draft Recommendation 33
Economic and Social Questions
10. European Public Health Committee (CDSP) - Report of the 6th meeting (Strasbourg, 13-16 November 1979) 35
11. European Social Charter - 5th period of supervision of its application - Opinion No. 95 39
12. Request of the International Federation of Pharmaceutical Manufacturers' Associations (IFPMA) to be admitted, as an observer, to the meetings of the Committee of Experts on Blood Transfusion and Immunohaematology (SP-HM) 45
13. Conference of European Ministers responsible for Public Health - Report of the Ad hoc Committee of Senior officials 47
14. Cancer Control - Recommendation 836 49
15. Committee of Experts on Nuptiality and the family (ED-NF) - Extension of specific terms of reference 51
16. Potential dangers of the use of chemical herbicides - Recommendation 823 53
17. Methods and trends of organic farming in Europe - Recommendation 745 55
18. Drawing up of social reports - Written Question No. 226 by Mr. Holtz 57 CONFIDENTIAL
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19. Social protection for professional, intellectual and artistic workers (self- employed or employees) - Rec. 857 59
20. 8th progress report of the International Centre for Advanced Mediterranean Agronomic Studies (1976 - 1978) - Recommendation 884 61
21. Implementation and revision of the European Social Charter - Recommendation 839 63
22. European Economic and Social Policy Research Institute - Written Question No. 219 by Mr Alemyr 65
Education, Culture and Sport
23. Committee for the Development of Sport (CDDS) - Report of the 3rd meeting (Strasbourg, 4-6 March 1980) 67
24. Council for Cultural Co-operation (CDCC) - Report of the 5th meeting (Strasbourg, 4-8 February 1980) 69
25. Establishment of an international school in Strasbourg - Recommendation 863 71
Environment and Local Authorities
26. Interim Committee for Co-operation within the framework of the Convention on the Conservation of European Wildlife and Natural Habitats (T-VS) - 1st meeting (Strasbourg, 28-30 January 1980) 73 CONFIDENTIAL
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27. 3rd European Ministerial Conference on the Environment (Bern, 19-21 September 1979) - Recommendation 888 75
28. Energy and the environment - Recommendation 846 - Opinions by the CDAT and the CDDH 79
29. Preparation of forthcoming meetings 81
30. Any other business
a. Consultative Assembly - Texts adopted by the Standing Committee 83
b. United Nations - Preparation of the next exchange of views 85
c. European Social Charter - Election of one member of the Committee of Experts set up under Article 25 of the Charter 87
d. Opening of Conventions for signature 89
e. Conference of Local and Regional Authorities of Europe (CLRAE) - Letter by the President of the Conference 91
f. Conservation of the European Architectural heritage - Question by Mr Flanagan to the Chairman of the Committee of Ministers 93
g. Committee of Ministers - Date of next Session 95
h. Malta 97 CONFIDENTIAL
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APPENDIX I Agenda of the 318th meeting of the (item I) Ministers' Deputies - B level a1
APPENDIX II Draft agenda of the 320th meeting of (item XXIX) Ministers' Deputies - B level a5 APPENDIX III Daily subsistence allowance rates as from (item III) 1st January 1980 a9
APPENDIX IV Resolution (80)5 concerning the Cultural (item IV) Fund Accounts for the financial year 1978 a13
APPENDIX V Decision No. CM/189/300480 - CDDH a15 (item VI)
APPENDIX VI Recommendation No. R(80)3 of the Committee (item XI) of Ministers to member states concerning teaching, research and training in the field of "computers and law" a17
APPENDIX VII Recommendation No. R(80)4 of the Committee (item X) of Ministers to the member states concerning the patient as an active participant in his own treatment a19
APPENDIX VIII Recommendation No. R(80)5 of the Committee (item X) of Ministers to member states concerning "blood products for the treatment of haemophiliacs" a25
APPENDIX IX Decision No. CM/190/300480 - CDDH a29 (item X)
APPENDIX X Decision No. CM/191/300480 - SP-HM a31 (item XII) CONFIDENTIAL
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APPENDIX XI Recommendation No. R(80)6 of (item XIV) the Committee of Ministers to member states concerning cancer control a33
APPENDIX XII Specific terms of reference - DS-SR a35 (item XXIII)
APPENDIX XIII Message from the Committee of Ministers (item XXIII) to the Steering Committee for social security (CDSS) a37
APPENDIX XIV Decision No. CM/192/300480 - T-VS a39 (item XXVII) CONFIDENTIAL
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The 318th meeting of the Deputies was opened on Monday 28 April 1980 at 3 pm under the Chairmanship of Mr B. Akerren, Deputy for the Minister of Foreign Affairs of Sweden. Item XXX(h) of the Agenda was discussed at A level under the Chairmanship of Mr J.L. Messía, Deputy for the Minister of Foreign Affairs of Spain.
PRESENT
AUSTRIA Mr O. Maschke Mr U. Hack
BELGIUM Mr A.J. Vranken Mr J. Coene
CYPRUS
DENMARK Mr P.A. von der Hüde Mr B. Christensen
FRANCE Mr J. Cazeneuve Mr T. de Kerros
FEDERAL REPUBLIC OF GERMANY Mr K. Timmermann Mrs R. Lässing
GREECE Mr J. Grigoriadis Mr P. Caracassis
ICELAND
IRELAND Mr M. Flynn
ITALY Mr M. Pisa Mr N. Cappello Mr G. Ceruti
LIECHTENSTEIN HSH Prince Nicholas of Liechtenstein CONFIDENTIAL
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LUXEMBOURG Mr J. Hostert
MALTA
NETHERLANDS Mr J.F.E. Breman Mr D.T. Schuurman Volker Mr H.J. Regeur
NORWAY Mr K. Paus
PORTUGAL Mr J.P. Cutileiro Mr J.D. Barata
SPAIN Mr J.L. Messía, Chairman Mr J.A. Yáñez-Barnuevo Mr J. Fernandez Torrejon
SWEDEN Mr B. Åkerren, Vice-Chairman Mr L. Westerberg Mr S.O. Petersson
SWITZERLAND Mr A. Wacker Mr B. Schenk
TURKEY Mr S. Günver Mr V. Sentürker Mr S. Özsoy Mr S. Umar
UNITED KINGDOM Mr D. Cape Miss R. Vining CONFIDENTIAL
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The Chairman welcomed Mr Schuurman Volker, the new Deputy Permanent Representative of the Netherlands and Mr H.J. Regeur who was accompanying the Netherlands delegation. He wished good luck to Mr H.P. Furrer who was attending the meeting for the first time as Secretary to the Committee of Ministers. He was sure that the collaboration between Mr Furrer and the Committee would be fruitful and welcomed him on behalf of all those present.
The Secretary to the Committee thanked the Chairman for his kind words. He was looking forward to working with the Committee and his colleagues from the Secretariat of the Committee of Ministers. He would do his best to justify their hopes of him.
At the close of the meeting the Representative of Switzerland, as dean, made the following statement:
"It is always a moment of sadness and contemplation when a colleague leaves us. It is on such occasions that one realises how fast time passes. Ambassador Bengt Åkerren, the Permanent Representative of Sweden, arrived in Strasbourg in September 1976, i.e. almost 4 years ago. Your government's decision thus compels me to say a few words on behalf of all your colleagues and in particular on behalf of the Deputy Permanent Representatives whose meeting you have just chaired to their great satisfaction, as their dean has just told me.
I confess I would have preferred to speak later, in May at the earliest, firstly as I would have been able to do so with all our colleagues present, including those of level A, and secondly as I would have been able to highlight one of the greatest successes among your activities in Strasbourg. I an convinced that the Conference of European Ministers responsible for Migration Affairs will be a success and that it will be largely to your credit. CONFIDENTIAL
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You have persevered in defending before the Committee this proposal by your government and subsequently chaired the Committee of Senior Officials and in this capacity, have assured much of the responsibility for the conference. I am sure that the ministers meeting here next week will be grateful to you for this.
I would like to mention one other point. You have been one of those colleagues who, while representing your country and its particular interests perfectly at the Council of Europe, has managed to be something more: an active and integral member of our Committee, a volunteer for working parties, helping in this way to put the interests of the Committee of Ministers, the Organisation and therefore of the whole of western Europe above individual obstacles. I think it is this solidarity among the members of our Committee, at both levels, - or at all three levels if one includes the Ministers themselves - this friendship, this vision beyond small day-to-day questions, this perception of the aims of our Organisation which is the first of our tasks and thus the most noble task for a diplomat in Strasbourg. You have had this constantly in mind and we are obliged to you for this.
On behalf of all the delegations, the Permanent Representatives, the Deputy Permanent Representatives and their colleagues I wish you a happy return to your country and great satisfaction in your future career. Please pass on our thanks and our best wishes to your charming wife too."
The Deputy Secretary General endorsed the Swiss Ambassador's words. In the past 4 years in Strasbourg Ambassador Åkerren had borne out the traditional image of a representative of Sweden: solid, calm, and always smiling. On behalf of the Secretary General and the entire Secretariat, the Deputy Secretary General wished him the greatest professional success and wished him and his wife the greatest happiness in their private life in Stockholm.
The Representative of Sweden thanked the dean and the Deputy Secretary General for their kind words. He considered it a privilege to have been able to serve the Organisation over the past 4 years in Strasbourg. He would certainly miss the warmth and friendship he had found at all levels. The Council of Europe deserved a commitment, not only because of the work itself, which was difficult like all work worth doing, but also and above all, because of the human environment in which it was carried out.
He expressed his sincere thanks and wished everyone goodbye. CONFIDENTIAL
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AD REFERENDUM VOTES
Concl(80)316/VI - European Committee on Legal Co-operation (CDCJ) - Report of the 32nd meeting
When the decision (xviii) on the reply to Assembly Recommendation 869 on payment by the State of advances on child maintenance was adopted, the Representative of France had voted ad referendum. Since then he had informed the Secretariat that he was able to lift this reservation.
Concl(80)316/XV - European Social Charter - Written Question No. 223 by Mr Berrier
When the reply to Written Question No. 223 from Mr Berrier was adopted, the Representative of Austria had voted ad referendum. Since then, he had informed the Secretariat that he was able to lift his reservation.
Concl(80)316/XXII - European Space Agency - Recommendation 844
When the reply to this Recommendation was adopted, the Representatives of the Federal Republic of Germany, Portugal and Spain had approved the reply ad referendum. Since no further communication had been received from them on this subject it was to be assumed that their reservations were lifted.
Concl(80)317/IX - Terrorism in Europe - Recommendation 852
When the reply to Recommendation 852 was adopted, the Representatives of France and Switzerland had voted ad referendum. In his letter dated 14 April the Representative of France had said that he was able to lift his reservation. Since no communication had been received from the Swiss delegation before 17 April, it was to be assumed that its reservation was lifted.
The reply was thus adopted and had been communicated to the Assembly in the Addendum to the Statutory Report (Doc. 4514). CONFIDENTIAL
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I. ADOPTION OF THE AGENDA
Decision
The Deputies adopted the agenda of their 318th meeting (April 1980 - B level) as it apppears at Appendix I to these Conclusions, subject to the inclusion under item XXX (Other business) of sub-items (a) to (h). CONFIDENTIAL
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II. STATE OF WRITTEN PROCEDURES
There was nothing to report under this item. CONFIDENTIAL
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III. 1980 ANNUAL REVIEW OF THE DAILY SUBSISTENCE ALLOWANCE RATES FOR STAFF OF THE CO-ORDINATED ORGANISATIONS TRAVELLING ON DUTY 170th report of the Co-ordinating Committee of Government Budget Experts (CM(80)83)
Decisions
The Deputies i. approved the 170th report of the Co-ordinating Committee of Government Budget Experts (CM(80)83, Appendix II), and accordingly ii. approved, with effect from 1 January 1980, the new daily rates of subsistence allowance set out at Appendix III to these Conclusions and released the appropriations already entered under those sub-heads in the Council of Europe budgets which are concerned with official journey expenditure. CONFIDENTIAL
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IV. COUNCIL OF EUROPE BUDGET Accounts of the Cultural Fund for the financial year 1978 (CM(80)99)
Decision
The Deputies adopted Resolution (80)5 discharging the Secretary General of his responsibilities in respect of his management of the Cultural Fund for the period 1 January to 31 December 1978, as it appears at Appendix IV to these Conclusions. CONFIDENTIAL
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V. ECONOMIC, SOCIAL AND CULTURAL RIGHTS Written Question No. 225 by Mr Peridier and others (CM(80)63)
The Representative of Norway thought that the last paragraph of the draft reply was both too vague and too cautious. The words "in due course" should be replaced by a form of words indicating the Committee of Ministers' concern for the urgency of this matter. The Norwegian authorities considered that it was time to accelerate the work, eg by additional meetings of the CDDH, so as to complete it by the end of 1980. Another solution might be to resuscitate the ad hoc committee.
The Director of Human Rights in reply to a suggestion by the Representative of Austria said that it was preferable for the French version to follow the English which was the original. As for the statement of the Representative of Norway, he stressed that, with the exception of the last paragraph, the draft reply prepared by the Secretariat contained factual information. In the last paragraph of the draft the Secretariat suggested a political answer to the concern expressed in the written question. The paragraph, which should be read as a whole, referred both to the complexity of the problem and to the need not to lose the political momentum created by the Declaration of April 1978. Even though the expression "in due course" was admittedly rather vague, the wording of the paragraph as a whole appeared realistic, also since the text had to be adopted unanimously. However, if the Committee so wished, the words "in due course" could be replaced by the expression "in the near future".
The Representative of the United Kingdom said he would prefer the expression "at the appropriate time" to the words "in the near future".
The Chairman found that there was general consent in favour of leaving the last paragraph of the text in the form in which it appeared in CM(80)63.
Decision
The Deputies adopted the following reply to Written Question No. 225:
"In reply to Written Question No. 225 by Mr Peridier and others concerning economic, social and cultural rights, the Committee of Ministers declares as follows: CONFIDENTIAL
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with regard to (a)
The Declaration on Human Rights was adopted on 27 April 1978 by the Foreign Ministers of the member States of the Council of Europe. The second operative paragraph of the Declaration states that:
The member States of the Council of Europe,
...
Decide to give priority to the work undertaken in the Council of Europe of exploring the possibility of extending the lists of rights of the individual, notably rights in the social, economic and cultural fields, which should be protected by European conventions or any other appropriate means,'
Following the adoption of this Declaration, the Committee of Ministers decided, at the 290th meeting of the Deputies in June 1978, to instruct the Steering Committee for Human Rights (CDDH) to make concrete proposals regarding the possibilities for action along the lines indicated in the second operative paragraph of the Declaration for the possible inclusion in the European Convention on Human Rights of rights of the individual in the social, economic and cultural fields.
At the same time the Committee of Ministers invited the Steering Committee for Social Affairs (CDAS), the Steering Committee for Social Security (CDSS), the Special Representative's Advisory Committee (CAHRS - now entitled the Steering Committee on Intra- European Migration) and the Council for Cultural Co-operation (CDCC), to submit concrete proposals regarding the possibilities of action within their fields of competence with a view to implementing the second operative paragraph of the Declaration.
On 27 September 1978, the Assembly adopted Recommendation 838(1978) on widening the scope of the European Convention on Human Rights. Following its transmission to the Committee of Ministers, the latter decided in October 1978 to instruct the Steering Committee for Human Rights to formulate an opinion on paragraphs (a), (d), (e) and (f) of the operative clauses of Recommendation 838(1978).
The Steering Committee for Human Rights held a special meeting in November 1978, relating to the follow-up to the Declaration on Human Rights. When considering the matter it also took into consideration Recommendation 838(1978), notably paragraph (a).
In its report to the Committee of Ministers, the Steering Committee for Human Rights stated that it was prepared to study, as a matter of priority, which basic economic, social and cultural rights could be included in the European Convention on Human Rights, CONFIDENTIAL
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but considered that the work should be undertaken in close co- ordination with other steering committees conducting studies pursuant to the Declaration. It therefore proposed that a special ad hoc committee should be convened to prepare a comprehensive report on the action which should be taken by the various steering committees concerned to follow-up the Declaration.
The Committee of Ministers endorsed this proposal and set up the ad hoc committee for the follow-up to the Declaration on Human Rights in December 1978. Shortly afterwards the Committee of Ministers invited the five committees concerned (CDDH, CDAS, CDSS, CDCC and CAHRS) to continue considering the proposals they had made in pursuance of their first mandate and to submit concrete proposals regarding the possibilities for action in their particular sectors.
The ad hoc committee met from 19-21 September 1979 and had before it the opinions of the five committees concerned.
In January 1979 the Committee of Ministers adopted its reply to Recommendation 838(1978) on the basis of the opinion formulated by the Steering Committee for Human Rights in November 1978.
With regard to (b)
At the close of its meeting, the ad hoc committee for the follow- up to the Declaration on Human Rights adopted a comprehensive report on the action which should be taken by the various steering committees concerned to follow-up the Declaration. The conclusions of the ad hoc committee regarding the inclusion of economic, social and cultural rights in the European Convention on Human Rights, which were approved by the Committee of Ministers in January 1980, may be summarised as follows: i. The Steering Committee for Social Affairs (CDAS), when undertaking a review of the rights in the Social Charter to determine whether they should be up-dated or supplemented, should also consider whether there are any rights which might be suitable for inclusion in the European Convention on Human Rights. The study should be completed before the end of 1980, the results of which should be communicated to the Steering Committee for Human Rights. ii. The Steering Committee for Human Rights (CDDH) should consider the possibility of preparing a draft Protocol to the European Convention on Human Rights taking into consideration in particular the views of the CDAS. Pending the receipt of these views, it should undertake preliminary studies in 1980 to determine the extent to which the Convention on Human Rights and its Protocols guarantee certain rights of the individual of an economic, social CONFIDENTIAL
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and cultural character; to examine the case law of the European Commission and Court of Human Rights with a view to identifying any rights in the economic, social and cultural fields which these organisations have found not to be covered by the Convention and its Protocols but to which its scope might now be extended, and to see whether the constitutions of member States guarantee any social, economic and cultural rights which might be considered for inclusion in the Convention.
iii. The Steering Committee for Social Security (CDSS) should undertake a study of the existing ways in which rights to social protection are guaranteed in Europe in relation in particular to medical care, old age pension, incapacity benefit and family benefit with a view to determining whether any of them can yet be established as generally recognised rights. The results of this study should be communicated to the CDDH.
iv. The Council for Cultural Co-operation (CDCC) should report by the end of 1980 on the work of the working party set up by it to make proposals on the follow-up to the Declaration on Human Rights in the cultural field and to forward its report to the CDDH.
with regard to (c)
The ad hoc committee for the follow-up to the Declaration on Human Rights executed its mandate when it submitted its comprehensive report to the Committee of Ministers. Further co-ordination of the work engaged may, however, be required and the Committee of Ministers will consider in due course whether it will be necessary to reconvene the ad hoc committee. The Committee of Ministers has invited the Steering Committee for Human Rights to complete before the end of 1980 the preliminary studies it has been instructed to undertake and has also requested that the studies of the CDAS, CDSS and the CDCC should be communicated to the CDDH before the end of 1980.
The Committee of Ministers fully shares the view of the honourable members of the Assembly as to the importance of the follow-up to the Declaration on Human Rights adopted on 27 April 1978. It is however obvious that there are complex legal issues involved. The Committee of Ministers considers it essential not to lose CONFIDENTIAL
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the political momentum of the ministerial Declaration of April 1978. All the committees concerned will give high priority to the work with which they have been entrusted in this context and the Committee of Ministers hopes that it will be possible to reach positive and substantial results in due course as far as the implementation of the Declaration is concerned." CONFIDENTIAL
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VI. PROTECTION OF PERSONAL DATA Recommendation 890 (Concl(80)315/IV(a))
The Representative of France made the following statement:
"In view of the advanced stage of the CDCJ's work on the protection of personal data (a draft convention is to be approved at the end of June), we do not consider it necessary to request the Steering Committee for Human Rights and the European Committee on Legal Co-operation to study the Recommendation. It is preferable to wait until the convention is opened for signature and signed by a sufficient number of States to form an opinion on the effectiveness of the text and, if necessary, request one or two committees to study the question in the context of the protection of human rights."
Decisions
The Deputies adopted
i. Decision No. CM/189/300480 as it appears at Appendix V to these Conclusions;
ii. the following reply to Recommendation 890:
"Having examined Recommendation 890, the Committee of Ministers transmitted it for an opinion to the Steering Committee for Human Rights. Given the various aspects of this problem, and the past and present work of the European Committee for Legal Co-operation in this field, the Committee of Ministers also asked this Committee to give an opinion.
When it has been seized of these opinion, the Committee of Ministers will inform the Assembly of the action it will take on its proposals." CONFIDENTIAL
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VII. RESOLUTION No. 4 OF THE 11th CONFERENCE OF EUROPEAN MINISTERS OF JUSTICE ON THE DEATH PENALTY Opinions by the CDDH and the CDPC (Concl(80)314/IV, CM(79)303 and CM(80)110)
The Representatives of Belgium, Greece and the Netherlands considered it premature at that stage to comment on the opinions given by the CDDH and the CDPC on the death penalty. They though it preferable to await the conclusions of the 12th Conference of European Ministers of Justice before taking any decision.
The Representative of France made the following statement:
"With regard to the opinions of the CDDH and the CDPC on matters concerning the death penalty, our authorities consider that there can be no question of examining the substance of those opinions or of deciding on any follow-up action before the 12th Conference of European Ministers of Justice at which the question will be discussed anew.
I should therefore be grateful if the action to be taken by the Ministers' Deputies, appearing in the Notes No. 3338 of 16 April 1980 (Item 318/VII) were amended and the Deputies confined themselves: a. to taking note of the opinions of the CDPC and of the CDDH on matters concerning the death penalty; b. to authorising the Secretariat to transmit these two opinions to the 12th Conference of European Ministers of Justice for examination (Luxembourg - May 1980).
As regards point (iii) of the action, I believe it would be premature and pointless to agree now to resume examination of this question after the 12th Conference of the European Ministers of Justice without knowing what decisions will be taken by the said conference on the subject."
The Representatives of Austria, Portugal, Switzerland and Sweden (the latter welcoming the adoption by the Assembly the previous week of Resolution 891 and Recommendation 727) expressed agreement on the action proposed in the Notes on this item. The Representative of Portugal added that the death penalty had been abolished in his country for over a century and that his authorities consequently welcomed the Recommendation and the Resolution recently adopted by the Assembly. CONFIDENTIAL
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The Representative of Italy made the following statement:
"This delegation, like some others, would be prepared to authorise the Secretariat to present the opinions of the CDDH and CDPC as well as Assembly Recommendation No. 891 at the 12th Conference of European Ministers of Justice. With reference to the action suggested in the CDDH's opinion, I should like to recall the position expressed by this delegation at the 314th meeting. On that occasion we indicated that we believed it would be more realistic to envisage a recommendation which would invite member States to abolish the death penalty. Fully aware of the difficulties arising from such a recommendation, even if it had no binding force, my authorities consider that precisely because it had no binding force such a recommendation could constitute an efficient means of pressure on States to amend the text of the European Convention on Human Rights."
The Representative of Norway, approving the action proposed in the Notes, thought that the CDPC's opinion was not sufficiently mandatory, for it recommended the adoption "as soon as possible" of new legislative measures by member States with a view to the abolition of capital punishment. His authorities welcomed, on the other hand, the adoption of Recommendation 891 and Resolution 727 by the Assembly,
The Representative of the Federal Republic of Germany made the following statement:
"With regard to the Notes on the Agenda calling for an examination of the opinions of the CDPC and the CDDH on matters concerning the death penalty, the German authorities have asked me to state clearly that the Federal Republic of Germany demands an unrestricted abolition of the death penalty - at least in times of peace - and that Germany therefore welcomes Resolution 727 and Recommendation 891, adopted by the Assembly on 22 April 1980, in this respect. On the other hand, Germany cannot accept the compromise formula which corresponds to Article 4 of the inter-American Convention (as it has been mentioned as an alternative in the opinion of the CDDH) because such a formula would be tantamount to a partial recognition of the death penalty."
The Representative of the United Kingdom made the following statement: CONFIDENTIAL
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"The question of the death penalty is one on which strong and contrasting opinions are held within member States of the Council of Europe. In consequence the opinions prepared by the Steering Committee for Human Rights and by the European Committee on Crime Problems inevitably represented a compromise between the views of their members. My delegation can agree that the Secretariat should transmit those two opinions to the forthcoming Conference of European Ministers of Justice in answer to the request made to us by those Ministers during their 11th Conference. I think that it would be right that the Secretariat should also inform them of the Resolution and Recommendation adopted by the Assembly last week. I believe that it would also be helpful if the Secretariat would prepare a short note for the Ministers which would set out the procedures that would have to be followed if our Committee of Ministers was to decide either to take action to amend the European Convention on Human Rights or to adopt a recommendation to governments. I assume that the former would involve the preparation of a Protocol which could take either of the two forms mentioned by the Steering Committee for Human Rights. One of the questions for consideration would be how many ratifications would be required to bring such a Protocol into effect and what, if any, provision it should contain for derogations in times of war or emergency. Clearly the existing text of Article 2 of the Convention would continue to apply to those countries which had not yet ratified any such Protocol. The Secretariat's paper should also I think set out the requirements for the adoption of a recommendation to governments under Article 20 of the Statute and Article 10 of our Rules of Procedure. Finally I believe it important that the Ministers of Justice should be informed that the opinions of the two Steering Committees and the recommendation of our Parliamentary Assembly have not yet been fully considered by this Committee and that we shall be resuming examination of this question later in the light of their own discussions. CONFIDENTIAL
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Those are my proposals as regards the procedure we should follow today. At the same time I think I should mention briefly some of the difficulties that could arise during our further examination of this question. So far as the United Kingdom is concerned, successive British Governments have taken the line that decisions on the death penalty should be left to be taken by Members of Parliament in accordance with their individual consciences. While it is true that in 1965 Parliament voted for the abolition of the death penalty in the case of murder and that this decision was confirmed in 1969 and again in 1974 and in 1979, when its re-introduction had been proposed by certain Members, nevertheless the speeches made by the majority of British Members during the debate in the Council of Europe's Parliamentary Assembly last week showed that there would be considerable opposition, even amongst those who are personally opposed to capital punishment, to any move by this Committee to tell member governments and parliaments what line they should take on a matter of such major public concern on which there is as yet no firm consensus in public or even expert opinion. And, as the Chairman of the Legal Affairs Committee, Mr Grieve, and also the main British Liberal representative, Mr Beith, himself an abolitionist, both pointed out in their interventions, there is a danger that, by seeking to amend the Human Rights Convention in a way that is oppose by a majority of public opinion in some of our countries, we may undermine the effectiveness of the Convention itself. As is stressed in Document 4838, for any right to be incorporated in the Convention it must enjoy general recognition. If once the Convention came to be regarded by a large sector of public opinion not as a list of the minimum fundamental rights which must be guaranteed by a member State if it is to be regarded as worthy of membership of this Organisation, but as a catalogue of ideals to which many men of good will do not subscribe, then one of the fundamental strengths of the Convention and of this Organisation would be undermined."
The Representative of Spain said that his position differed from that of the United Kingdom, but that he had nevertheless a great deal of understanding for the British point of view. The difference was due to the fact that, constitutionally, the death penalty had been abolished in Spain and that all Members of Parliament recording a vote had voted in favour of abolition at the last session of the Assembly. CONFIDENTIAL
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The Representative of Turkey said that all those countries who were privileged to have a situation enabling them to make statements in favour of total abolition, in time of peace, of the death penalty must nevertheless understand the problems confronting the others. It was proposed to abolish capital punishment in peacetime, but who could define what "peacetime" was? Had not authoritative voices mentioned that itnernational terrorism was a new form of modern warfare? Tens, hundreds of innocent victims were being killed cold-bloodedly and with premeditation by terrorists. Maintaining the death penalty in the Penal Code did not necessarily mean applying it. Provided for in the Code, it had the effect of a "red light". Were there some who wished to give a "green light" to terrorism? Let them at any rate have sufficient discretion not to impose on others a measure running counter to their national interest. The foundations upon which rested Central and Northern Europe were today under attack. If the base folded, the whole edifice would collapse. No death sentence had been executed in Turkey for nine years, although thousands of people had been killed by terrorists. Who, in these circumstances, deserved greater attention? Those whom terrorism had not yet touched, or rather those who suffered from it, trying to struggle against subversion and bloody terrorism, who arrested terrorists and brought them to judgment, but who were precluded from executing them.
The Representative of Greece said he had listened with great interest to the remarks made by the Representatives of the United Kingdom and Turkey, who had eloquently explained certain aspects of the problem which had to be taken into account.
The Deputy Director of Legal Affairs said that in accordance with decision (ii) below, the Secretariat would communicate to the 12th Conference of European Ministers of Justice the opinions of the CDDH and the CDPC, together with Assembly Recommendation 891 and Resolution 727. The Secretariat would also give the Conference information concerning the various solutions that could be considered, but would point out that the Committee of Ministers had as yet examined neither the said opinions and Assembly texts, nor the substance of the question as a whole.
Decisions
The Deputies i. took note of the opinions of the CDPC (CM(80)110) and the CDDH (CM(79)303) on matters concerning the death penalty; CONFIDENTIAL
CM/Del/Concl(80)318 Item VII - 28 -
ii. authorised the Secretariat to forward these two opinions, at the same time as Assembly Resolution 727 and Recommendation 891, to the 12th Conference of European Ministers of Justice (Luxembourg, May 1980); iii. agreed to resume examination of this question after the 12th Conference of European Ministers of Justice. CONFIDENTIAL
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VIII.
AD HOC COMMITTEE ON LEGAL ASPECTS OF TERRITORIAL ASYLUM AND REFUGEES (CAHAR) Report of the 6th meeting (Strasbourg, 12-16 November 1979) (Concl(80)316/VII, CM(80)26)
The Representative of Belgium said that, after the CAHAR's work had been completed, his authorities noted that a particular problem, which had not been considered, might create certain difficulties in practice. It concerned refugees recognised abroad who, for example, became members of the service staff of diplomatic missions or were engaged as diplomats' private servants and as such were permitted to reside in Belgium.
At the seventh meeting of the CAHAR, in the week from 21 to 25 April, the Belgian expert discussed this question with his colleagues and with the Secretariat. It was agreed that the problem might be settled by means of a declaration made in the Committee of Ministers and reproduced in the Conclusions.
The Deputy Director of Legal Affairs read out the declaration drawn up following the consultations referred to by the Representative of Belgium:
"The provisions of the Agreement are not applicable to refugees who are members of the staff of a diplomatic mission or of a consular post or are employed as private servants of a member of such a mission or post. The same applies to refugees in the service of an international institution, belonging, for example, to the United Nations.
Such refugees are subject to special regulations on residence under international law, as reflected whether in the Vienna Conventions on diplomatic relations (1961) and on consular relations (1963) or in the relevant agreements on headquarters; these special regulations preclude transfer of responsibility for the refugees as long as they are exercising such functions.
The provisions of the draft Agreement naturally become applicable again when, on termination of the functions, the special regulations cease to apply and the various time-limits prescribed in the Agreement begin to run again."
The Chairman noted the Committee's agreement to that declaration.
The Deputy Director of Legal Affairs said that a decision must also be taken on the text of Article 11, some members of the CAHAR having considered it necessary to provide expressly in the Agreement itself for consultation of the non-member Contracting States on any decision to invite a non-member state to accede to the Agreement. He pointed out that, in practice, such consultation generally took place; it was perhaps not desirable, however, to formalise the practice by inserting an express provision in the Agreement. CONFIDENTIAL
CM/Del/Concl(80)318 - 30 - Item VIII
The Representative of Italy said he would prefer to see the words between brackets in Article 11 deleted.
The Representative of Austria said that his authorities would have preferred the whole of Article 11 to be deleted. If it were to be maintained, then the words between brackets should be allowed to stand.
The Representative of the Federal Republic of Germany was in favour of maintaining these words.
By way of a compromise, the Deputy Director of Legal Affairs proposed deleting the words between brackets and pointing out, in the explanatory report, that, in practice, those Contracting States which were not members of the Council of Europe were generally consulted.
The Chairman noted the Committee's agreement to that solution.
The Representative of France said that his authorities had no difficulty in approving the new Agreement, for they had already concluded a similar agreement with Austria.
Decisions
The Deputies i. adopted the text of the European Agreement on the transfer of responsability for refugees, as it appears at Appendix III to CM(80)26, subject to the deletion of the phrase within brackets at the end of paragraph 1 of Article 11; ii. agreed to open the Agreement for signature by Council of Europe member states on the occasion of the 67th Session of the Committee of Ministers; iii. authorised publication of the explanatory report on the Agreement (Add. to CM(80)26) which will be amended by the Secretariat in the light of comments made at the present meeting; iv. adopted the following final reply to Recommendation 775:
"Recalling the interim replies given to the Assembly on Recommendation 775 on the preparation of an agreement concerning the transfer of responsibility for refugees who move lawfully from one member state of the Council of Europe to another, the Committee of Ministers is glad to give a final reply to this Recommendation by informing the Assembly that it has adopted the text of a European Agreement on the transfer of responsibility for refugees. This Agreement will be opened for signature of member States on the occasion of the 67th Session of the Committee of Ministers, in October 1980". CONFIDENTIAL
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v. taking into account decisions (i) - (iv) above, took note of the report of the CAHAR's 6th meeting as a whole (CM(80)26). CONFIDENTIAL
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IX. TEACHING, RESEARCH AND TRAINING IN THE FIELD OF "COMPUTERS AND LAW" Draft Recommendation (Concl(80)316/VI(x), Addendum I to CM(79)321)
The Representative of France made the following statement:
"Consulted on this item, our authorities stated that they had no reservation to make concerning the wording of paragraph IV of the draft recommendation on teaching, research and training in the field of 'computers and law', submitted to the Ministers' Deputies for examination.
Having ratified in 1958 the European Convention on the equivalence of periods of university study, opened for signature by Council of Europe member states in 1956, the French Government has no objection to make to the content of the said paragraph (No. IV) recommending that member states 'encourage the competent authorities, where appropriate, to take into account periods of studies carried out abroad in this field as part of the studies required for the granting of degrees and diplomas and to promote international exchanges of students'."
The Representative of Spain thought it would have been advisable to ask the opinion of the authority with competence for higher education and research, namely the Standing Conference on University Problems (CC-PU), on the draft recommendation. Paragraph I of the French version of the draft recommendation asked member states to develop the appended "minimum" university teaching syllabus. As things were at present, the said syllabus could be a "maximum" for certain countries; that adjective was abandoned in the Appendix, which spoke only of "suggested" syllabus. The expression "nécessité" to develop the said syllabus seemed too mandatory for a recommendation. For all these reasons, he believed that the draft recommendation should be examined by the CC-PU.
The Deputy Director of Legal Affairs said that this was not the first time that a draft recommendation on education or research had been drawn up by committees other than those specialised in that field. He quoted as examples Resolutions(70)5 and (72)3 on education and research on European law, drawn up under the aegis of CDCJ; similarly, Resolution (78)41 on the teaching of human rights was to be attributed to the CDDH. The draft recommendation did not seek to oblige member states to draw up teaching syllabus on "computers and law". It merely underlined a need which was becoming increasingly evident every day in view of the importance which data-processing had assumed for jurists, not only as a working instrument but also on account of the dangers involved for fundamental freedoms. Nevertheless, to take account of the comments of the Representative of Spain, he suggested replacing in the French text the word "nécessité" by "utilité" and deleting the adjective "minimum" applied to syllabus.
These suggestions were accepted. CONFIDENTIAL
CM/Del/Concl(80)318 - 34 - Item IX
Decisions
The Deputies i. adopted Recommendation No. R(80)3 on teaching, research and training in the field of "computers and law", as it appears at Appendix VI to these Conclusions; ii. authorised publication of the explanatory memorandum (Addendum I to CM(79)321). CONFIDENTIAL
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X. EUROPEAN PUBLIC HEALTH COMMITTEE (CDSP) Report of the 6th meeting (Strasbourg, 13-16 November 1979) (Concl(80)316/X, CM(80)10 and Corr. and Add. II rev.)
With reference to the draft Recommendation concerning the patient as an active participant in his own treatment, the Representative of Denmark said that his authorities regretted the fact that the paragraph on patients' associations had been over-condensed.
With regard to the draft Recommendation on artificial insemination, the Representative of the United Kingdom expressed reservations as to the wisdom of transmitting the draft (CM(78)345, Add. II and Annex V to CM(80)10) at that stage to the Steering Committee on Human Rights (CDDH) for opinion on Articles 5 and 7, and to the Assembly for opinion on the whole text.
The Representative of Switzerland considered that it would be a good thing to await the opinion of the CDDH before transmitting the draft Recommendation to the Assembly. He added that it was just possible that as a result of the opinion expressed by the Assembly it would be even more difficult to reach agreement on that controversial subject within the Committee of Ministers.
The Representative of Belgium shared the point of view of the Representative of Switzerland.
The Deputy Director of Legal Affairs said why, in his opinion, the draft should be transmitted simultaneously to the CDDH and to the Assembly:
- the Assembly had, firstly, repeatedly complained that it had been consulted only after a decision had been taken at intergovernmental level and, secondly, already expressed its interest in the subject in so far as a motion for a Recommendation on protection of humanity against genetic engineering and artificial fertilisation had been tabled in January 1980;
- considering the importance and the sensitive nature of the subject dealt with in the draft Recommendation, which touched upon fundamental rights of the individual, it was justified to seek an opinion from parliamentarians who in their home countries had a share in the taking of decisions on questions of legislative policy. In this context it should be noted that a Bill inspired by the draft Recommendation had been tabled in the French Parliament and that other parliamentary initiatives were to be expected in other countries; CONFIDENTIAL
CM/Del/Concl(80)318 - 36 - Item X
- the heavy agenda of the CDDH might well mean that the committee would not be able to give an opinion before June 1981 with the risk of serious delay in the work of the Committee of Ministers in the event of the latter deciding to await the CDDH's opinion before transmitting the draft to the Assembly for opinion.
He further recalled that the text had already been declassified by the Deputies at their 300th meeting (Item XII) so as to make it available for the 1st World Conference on Artificial Insemination held in Paris in April 1979, at which the French Minister of Health had taken part.
The Representative of Austria said that he was in favour of asking the CDDH to give an opinion on this text. He thought that it would make sense to transmit the text also to the Assembly for information since this matter was being studied in connection with a motion for a recommendation. The Assembly should, however, be informed that this draft was going to be examined by the CDDH with regard to its possible bearing on human rights.
The Representative of Ireland considered that in view of the sensitive nature of the question and its implications it would be wise to await the CDDH's opinion before transmitting the text for opinion to the Assembly.
After having taken an indicative vote with the following result:
8 for, 2 against, 6 abstentions the Chairman observed that the proposal to communicate the draft Recommendation to the Assembly for opinion had not been adopted for the time being.
Decisions
The Deputies
I. i. adopted Recommendation No. R(80)4 concerning the patient as an active participant in his own treatment, as it appears at Appendix VII to these Conclusions; ii. took note of the CDSP's interim opinion on the Assembly's Recommendation 837 concerning the improvement of oral health and agreed to postpone the completion date of Decision No. CM/77/150978 to June 1980 (CM(80)10, paragraphs 89-91); CONFIDENTIAL
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iii. adopted Recommendation No. R(80)5 concerning blood products for the treatment of haemophiliacs, as it appears at Appendix VIII to these Conclusions;
iv. adopted Decision No. CM/190/300480 assigning ad hoc terms of reference to the Steering Committee for Human Rights (CDDH) to give an opinion on Articles 5 and 7 of the draft Recommendation on Artificial Insemination of Human Beings, as it appears at Appendix IX to these Conclusions;
v. took note of the CDSP's opinion on the future activities of the Committee of Experts on Legal Problems in the Medical Field (CJ- ME) and of its wish to be associated with these activities in future (CM(80)10, paragraphs 10-13);
vi. took note of the evaluation of the follow-up to the Committee of Ministers' Resolutions (69)1, (68)26, (72)30 and (72)31 (CM(80)10, paragraphs 85-87), of the CDSP's decision to invite the Chairman of the Medical Fellowships Selection and Assessment Committee and the Rapporteur of the Committee of Experts on Blood Transfusion and Immun- haematology to its autumn meetings (CM(80)10, paragraphs 72 and 21 respectively), and of the CDSP's request to the Secretary General to renew the grant to the European Bank of Frozen Blood of Rare Groups in the framework of the Second Medium-Term Plan (CM(80)10, paragraph 20); vii. noted that the CDSP had executed Decision No. CM/144/140679 on the possibility of contributing to the studies referred to in the final communique of the Conference of European Ministers responsible for Social Security, and agreed to examine the CDSP's opinion when discussing the Programme of Intergovernmental Activities for 1981 (CM(80)10, paragraphs 14-16); viii. noted that the CDSP had executed Decision No. CM/126/300379 relating to Resolutions/Recommendations of the Committee of Ministers (CM(80)10, paragraphs 82 and 83); ix. noted that the CDSP had executed Decision No. CM/124/140379 on Recommendation 828 of the Assembly concerning pharmaceutical products, foodstuffs and cosmetics (CM(80)10, paragraphs 92-94); CONFIDENTIAL
CM/Del/Concl(80)318 - 38 - Item X x. noted that the CDSP had executed Decision No. CM/102/070279 relating to Recommendation 843 of the Assembly on legal measures to fight drug dependence (CM(80)10, paragraphs 95 and 96) and agreed to discuss the final reply to the Assembly at their 320th meeting in the light of the opinions already given by the CDPC (Concl(79)306/XIX) and the CDAS (Concl(79)307/XVII) and of Resolution (80)2 setting up a co-operation group to combat drug abuse and illicit trafficking in drugs (Pompidou Group); xi. authorised publication of the following final reports of the CDSP:
the patient as an active participant in his own treatment (CDSP(79)31),
the treatment of drug dependence (CDSP(79)35); xii. having regard to points (i) to (xi) above, took note of the CDSP's 6th meeting report as a whole (CM(80)10, Corrigendum and Addendum II rev).
II. The Representatives of Belgium, Cyprus, Denmark, France, the Federal Republic of Germany, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Malta, the Netherlands, Norway, Sweden, Switzerland, Turkey and the United Kingdom, Contracting Parties to Agreement No. 26 on the Exchange of Therapeutic Substances of Human Origin, adopted the amendments (1) to the text of the Protocol to the Agreement as set out in the Certificate of the Secretary General dated Strasbourg, April 1978.
The Representative of Italy approved the foregoing decisions ad referendum.
(1) Cf. Corrigendum to CM(80)10, Appendix III. CONFIDENTIAL
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XI. EUROPEAN SOCIAL CHARTER 5th period of supervision of its application Opinion No. 95 (Concl(80)314/XIII, CG/CH.Soc(78)11 and Conclusions V, CM(80)16rev.)
The Representative of Norway expressed a preference for individual Resolutions as sot out in Appendix I to CM(80)16 rev.
The Representative of France was ready to support the draft Resolution contained in Appendix II to CM(80)16 rev.
The Representative of Austria said his authorities were against the adoption of individual Resolutions as proposed in Appendix I to CM(80)16rev. mainly because they seemed to be not quite in conformity with the provisions of Article 29 of the Chater according to which they should be based on the report of the Sub-committee of Governmental Experts and on the Assembly's opinion. The contents of the draft Resolutions, however, seemed to be based mainly on the opinion of the independent experts who were not equally familiar with the practical implementation of the Charter. The Austrian authorities were therefore in favour of adopting a more generally worded Resolution as proposed in Appendix II. The Representative of Austria also asked for some clarification on the criteria for the selection of Articles to be mentioned in the operative part of the draft Resolutions.
The Representative of Ireland, having expressed appreciation for the Secretariat's efforts in preparing draft revised Resolutions which would not discourage new ratifications, observed that the majority did not seem in favour of the proposals in Appendix I. For his part, he wished to express a preference for the draft Resolution in Appendix II.
The Representative of Belgium said that his government intended to ratify as soon as possible the Charter and could accept the draft Resolution in Appendix I for the reasons set out in paragraph 7 of CM(80)16 rev.
The Representative of Sweden referred to the statement he had made during the 314th meeting and said that his government was ready to approve the original proposal to address individual Recommendations to certain States bound by the Charter.
The Representative of Spain announced his country's intention to deposit its instrument of ratification of the Charter in the near future. He felt that the new procedure to complete the 5th cycle was well founded, having regard to the contents of the Declaration on Human Rights of 27 April 1978. However, a number of points in the Secretariat's proposals needed clarification. These concerned the criteria used to select the Articles in each draft Resolution and the reasons for the changes in this respect between CM(80)16 and CM(80)16 revised. CONFIDENTIAL
CM/Del/Concl(80)318 - 40 - Item XI
The Representative of Switzerland recalled that his government was still considering the problems raised by ratification of the Charter and observed that the draft Resolutions in Appendix I could be considered as tantamount to Recommendations. He therefore wondered whether it was correct to keep the title "Resolutions", having regard to the Committee of Ministers' decisions in the field of Resolutions and Recommendations which became operative on 1 January 1979.
The Representative of the Federal Republic of Germany made the following statement:
"The German authorities are in favour of the draft Resolution contained in Appendix II to CM(80)16 rev. They propose, however, that in the first sentence of the second paragraph of this draft Resolution the wording "governments concerned" should be changed to "governments of these States".
The German authorities are against the draft Resolution contained in Appendix I to the same document for the following reasons:
Recommendations addressed to individual member States of the European Social Charter in the form envisaged in Appendix I should be considered only in cases where member States did not fulfill obligations of a certain importance in respect of social policies over a longer period of time. Such Recommendations should not be downgraded to routine affairs and thus lose the high importance which the Social Charter assigns to them, as Recommendations, according to Article 29 of the Social Charter, are meant to be a last resort to remind a member State of the adherence to the obligations to which it has committed itself.
The high rank of a Recommendation pronounced according to Article 29 of the Social Charter does not allow for criticism of an individual member State without making it obvious why measures are required in such a particular case in order to reconcile national legislation and administrative practice in a better way.
In respect of the Recommendation to be addressed to the Federal Republic of Germany, this has led to the reproach that Germany did not fully meet her obligations according to some regulations of Article 18 of the Social Charter. However, there is no valid basis for this reproach in the report on the 5th cycle of supervision. It seems, on the other hand, that the Secretariat has used some conclusions from the 6th cycle of supervision by way of anticipation for the report on the 5th cycle of supervision. The German authorities strongly object to this kind of procedure." CONFDIENTIAL
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The Representative of Italy made the following statement:
"As we stated at our 314th meeting, the Italian Delegation is in favour of the Resolution suggested in Appendix II, ie keeping the present system, as it seems to us that the reasons which made the establishment of this system necessary two years ago are still valid.
I should like to add another note of warning against changing the present system. If the other system were to be chosen there is the danger that this Committee would become a kind of judge. It can happen in fact that the country accused of having breached the Charter can produce some counter-observations to the remarks made by the independent experts. Our Committee will therefore be faced with the problem of expressing a judgment on the matter and this will obviously raise some difficulties and problems."
The Representative of Turkey preferred the draft Resolutions set out in Appendix II.
The Representative of the United Kingdom agreed with previous speakers who had said that if a decision were taken to address Resolutions to individual countries (as in Appendix I to CM(80)16 revised), each Resolution would have to be the subject of detailed discussion and debate. The Deputies could not merely rubber stamp the report of the government experts and must be prepared to listen to the defence of the government concerned.
She doubted whether this cumbersome procedure would, in the majority of cases, make the supervision of the Charter more effective and was in favour of a generalised resolution on the lines of Appendix II to document CM(80)16 revised. The United Kingdom authorities did not accept that, as suggested in the draft resolution included in Appendix I to that document, they were in breach of Articles 5 and 19(b) of the Charter.
The Director of Economic and Social Affairs said that in the light of the observations made at the 314th meeting, the Secretariat prepared draft Resolutions less stringent both as regards the substance and the form.
Reference to the Committee of Independent Experts in the draft Resolutions was justified by the fact that the Committee of Ministers received, under the Charter, the reports from all the bodies responsible for the supervision procedure, including therefore the Committee of Independent Experts. These reports were listed in chronoligical order in the draft Resolution. CONFIDENTIAL
CM/Del/Concl(80)318 - 42 - Item XI
The formula suggested by the Secretariat, drawing the attention of governments to certain provisions and inviting them to take action, should not be taken to imply that the Committee of Ministers was acting in a judicial capacity.
The criteria employed for the selection of the Articles mentioned in the draft Resolutions emanated from the discussions held at the 314th meeting of the Deputies and were the following:
- the cases selected reflected long-standing inconsistencies with the Charter;
- no disagreement on these cases existed between the Committee of Independent Experts and the Governmental Committee;
- the situation subsequent to the period examined (1974-75) as transpired from national reports submitted for the period 1976-77, had been taken into account so as to discard cases where the previous situation had been remedied.
The Director of Economic and Social Affairs also said that some problems arose in applying these criteria owing to the fact that the Governmental Committee, unlike the Committee of Independent Experts did not, in each cycle, examine the application of all the provisions of the Charter but considered about one third of them. The comparison of the conclusions of the two Committees in respect of all of the provisions of the Charter was therefore not possible at the end of each cycle of supervision. The Committee of Ministers might give instructions to the Governmental Committee to proceed to a more complete investigation of the application of the Charter and to examine at least all the cases in respect of which the Committee of Independent Experts considered that there was no compliance.
The Deputy Director of Legal Affairs in reply to the Representative of Switzerland recalled that, at the 297th meeting, the Deputies agreed that as from 1 January 1979 only texts adopted by the Committee of Ministers pursuant to Article 15(b) of the Statute shall be called Recommendations, whereas all other texts (including those adopted under the terms of a Convention) shall be called Resolutions. This system implemented by the Committee of Ministers essentially responded to the need for clarity and simplicity, bearing in mind that the first texts always contained recommendations while the others did not. CONFIDENTIAL
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The Representative of Spain said that as regards the draft Resolution in Appendix II he welcomed a more complete reference to the contents of Assembly's Opinion No. 95 (1979) and suggested that paragraph 5 of Opinion No. 95 should be mentioned together with paragraph 6. This would necessitate adding a reference to Articles 18 and 19 of the Charter in the operative part of this Resolution.
The Representative of Portugal agreed with the Representative of Spain. He could nevertheless agree with a possible deletion of the reference to all Articles in the operative part, provided that paragraph 5 of the Assembly's Opinion was mentioned, as suggested.
The Representative of Turkey agreed with the Representative of Portugal.
Decision
The Deputies agreed to resume consideration of this item at their 320th meeting (June 1980 - B level) in the light of a draft Resolution to be prepared by the Secretariat based on Appendix II to CM(80)16 revised. CONFIDENTIAL
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XII. REQUEST OF THE INTERNATIONAL FEDERATION OF PHARMACEUTICAL MANUFACTURERS' ASSOCIATIONS (IFPMA) TO BE ADMITTED, AS AN OBSERVER, TO THE MEETINGS OF THE COMMITTEE OF EXPERTS ON BLOOD TRANSFUSION AND IMMUNOHAEMATOLOGY (SP-HM) (CM(80)111)
The Representative of France made the following statement:
"The French authorities express the most serious reservations with regard to the admission of the International Federation of Pharmaceutical Manufacturers' Associations (IFPMA), as an observer to meetings of the Committee of Experts on Blood Transfusion and Immunohaematology (SP-HM).
We consider that the blood products are governed in France by special regulations entirely separate from those concerning drugs and pharmaceutical products. Moreover, the object of the federation in question would appear on the present occasion to be of an obviously commercial nature. It is therefore not appropriate for us to support this application more particularly since the Committee of Experts pursues its activities in the context of the European Agreement on the Exchange of Therapeutic Substances of Human Origin. The blood products covered by this Agreement are prepared from blood obtained from mainly voluntary donors and the exchange of these products between the countries concerned should only be organised for non-commercial purposes."
The Representatives of the Netherlands and Denmark supported this statement. The Representative of Denmark also recalled the decision taken by the SP-HM in 1978 which stipulated that the number of observers should not exceed one-third of the number of governmental experts.
The Representative of Sweden said that his authorities had no objections to the admission of the IFPMA as an observer to the meetings of SP- HM.
The Representative of the United Kingdom, supported by the Representative of Switzerland, thought that the Committee of Ministers should not take a stand on this matter before consulting the European Public Health Committee (CDSP).
The Representative of Austria was also opposed to the request of the IFPMA but his authorities would prefer this request to be treated as a technical question by the CDSP.
The Representative of Greece agreed that it would be appropriate to seek the opinion of the SP-HM in the first place. CM/Del/Dec(80)318 - 46 - Item XII
In reply to a question by the Representative of the United Kingdom, the Director of Economic and Social Affairs said that the dates of meetings of the SP-HM and the CDSP were as follows:
SP-HM: 2 - 5 June 1980 CDSP: 16 - 19 June 1980.
Decision
The Deputies adopted Decision No. CM/191/300480 assigning ad hoc terms of reference to the Committee of Experts on Blood Transfusion and Immunohaematology (SP-HM) to give an opinion on the request for admission as an observer by the International Federation of Pharmaceutical Manufacturers Associations (IFPMA) to the meetings of the SP-HM, as it appears at Appendix X to these Conclusions. CONFIDENTIAL
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XIII. CONFERENCE OF EUROPEAN MINISTERS RESPONSIBLE FOR PUBLIC HEALTH
Report of the Ad hoc Committee of Senior Officials (CM(80)82)
The Representative of the United Kingdom, referring to the proposal made by the ad hoc Committee of Senior Officials to invite the Conference of Ministers of Health of the Andean Pact to take part as an observer in the Conference of European Ministers responsible for Public Health, and asked whether an invitation to an international organisation without European membership might not create a potentially embarrassing precedent, since other organisations similarly placed could also seek observer status. She suggested that another formula might be found which did not create a precedent.
The Representatives of Sweden and Portugal said they shared the view of the Representative of the United Kingdom. The Representative of Portugal recalled that by reason of the very close historic links between his country and Latin America he was in favour of the proposal which would establish closer relations between the member states of the Council of Europe and the Latin American countries, but he also considered that it would be a good thing first of all to find out whether there were not some more broadly based conference so as to avoid any discrimination.
The Representative of Greece was in favour of the participation of such Conferences in so far as it provided a way of making the Council of Europe's activities better known.
The Representative of Spain stated that the proposal to invite the Conference of Ministers of Health of the Andean Pact had been made:
- because this was a group of democratic countries, and
- because the next Conference of European Ministers responsible for Public Health provided the first opportunity for such countries to participate in a ministerial conference of the Council of Europe.
He further pointed out that representatives of non-European governments had been invited to take part in certain conferences of specialised ministers of the Council of Europe not as observers but as "distinguished guests". He considered that the same procedure might be adopted on that occasion and the invitation addressed to the Chairman-in- Office of the Conference. CONFIDENTIAL
CM/Del/Concl(80)318 - 48 - Item XIII
Decision
The Deputies i. took note of the draft agenda, title and themes of the Conference of Ministers responsible for Public Health (Appendix IV to CM(80)82; ii. noted that the Conference would be held in Madrid from 22- 24 September 1981; iii. noted that there was general consent within the Committee of Ministers as to the advisability of inviting Finland, the Holy See, Andorra, Monaco, San Marino and Yugoslavia to take part as observers in the work of the Conference of European Ministers responsible for Public Health, to be held in Spain in 1981; iv. noted that there was general consent within the Committee of Ministers as to the advisability of inviting the European Communities (Council and Commission), the League of Red Cross Societies, UNICEF and OECD to take part as observers in the work of the Conference of European Ministers responsible for Public Health (CM(80)82), and the Chairman of the Conference of Ministers of Health of the Andean Group (1) to take part
(1) The member States of the Conference of Ministers of Health of the Andean Group are: Bolivia, Columbia, Equador, Peru and Venezuela. CONFIDENTIAL
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XIV. CANCER CONTROL Recommendation 836 (Concl(79)309/XX, CM(79)191, Appendix IV, CM(80)55)
Decisions
The Deputies
i. adopted Recommendation No. R(80)6 concerning cancer control, as it appears at Appendix XI to these Conclusions;
ii. adopted the following reply to Recommendation 836:
"The Committee of Ministers examined Assembly Recommendation 836 and following receipt of the opinion of the Assembly's Committee on Social and Health Questions, adopted Recommendation No. R(80)6 concerning cancer control. This text is largely based on the Assembly's Recommendation." CONFIDENTIAL
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XV. COMMITTEE OF EXPERTS ON NUPTIALITY AND THE FAMILY (ED-NF) Extension of specific terms of reference (CM(80)96)
Decision
The Deputies agreed to amend the specific terms of reference of the Committee of Experts on Nuptiality and the Family (ED-NF) as follows: point 4;
Duration of terms of reference: end of 1980 CONFIDENTIAL
- 53 - CM/Del/Concl(80)318 Item XVI
XVI. POTENTIAL DANGERS OF THE USE OF CHEMICAL HERBICIDES Recommendation 823 (Concl(80)314/X, CM(80)112)
The Representative of the Federal Republic of Germany made the following statement:
"The German authorities have no basic objections against the draft reply in CM(80)112. However, they propose, with regard to the first line in the third paragraph of the draft, to replace the word "hormones" by the words "compounds possessing phytohormone activities". This change was suggested by the German delegation at the meeting of the Public Health Committee (Partial Agreement). The new formula makes it quite clear that the draft reply refers to compounds which as hormones work on plants - with the accent on the word plants."
Decision
The Deputies adopted the following reply to Recommendation 823:
"The Committee of Ministers examined Recommendation 823 on potential dangers of the use of chemical herbicides and finds it acceptable in principle.
It points out however that the recommendations made have already been put into effect in most of the member states.
The use of herbicides containing compounds possessing phytohormone activities has already been restricted in some way in all Partial Agreement member states and the long-term effects on human health are the concern of all registration authorities before a herbicide is allowed on the market. Moreover the Committee of Ministers is not aware of any negative effects on human health resulting from the long- term use of registered herbicides, although continuing attention to probable long-term effects of certain uses (eg in forestry) is needed.
The Committee of Ministers also feels that recommendations in this field should make reference to all pesticides".
The Representative of Austria approved the above decision ad referendum. CONFIDENTIAL
- 55 - CM/Del/Concl(80)318 Item XVII
XVII. METHODS AND TRENDS OF ORGANIC FARMING IN EUROPE Recommendation 745 (Concl(80)314/X, CM(80)116)
The Representative of the Federal Republic of Germany proposed that the second sentence of paragraph 2 of the draft reply set out in CM(80)116 should be replaced by the following:
"There are in some way inter-relationships between organic farming methods and modern farming techniques. In plant production - especially in plant protection - integrated approaches in some countries may be observed."
The Representative of the Netherlands suggested that mention be made of the environmental effects of organic farming and proposed that adoption of the draft reply be postponed.
The Representative of Austria supported this proposal.
The Representative of Italy proposed that the last paragraph of the draft reply be deleted.
Decision
The Deputies agreed to resume consideration of this item at their 320th meeting (June 1980 - B level). CONFIDENTIAL
- 57 - CM/Del/Concl(80)318 Item XVIII
XVIII. DRAWING UP OF SOCIAL REPORTS Written Question No. 226 by Mr. Holtz (CM(80)75 and Add.)
Decision
The Deputies adopted the following reply to Written Question No 226 by Mr. Holtz:
"In reply to Written Question No. 226 by Mr. Holtz on drawing up of social reports the Committee of Ministers wishes to make the following comments:
After the adoption of Recommendation 685 by the Assembly in 1972 on the drawing-up of "social reports" by the governments of the Council of Europe's member States, the Committee of Ministers informed the Assembly in its statutory report (Doc. 3239, Addendum) that it had instructed the Secretariat to keep it regularly informed of the work done by OECD in the field of "social indicators". The Committee of Ministers felt that these indicators were to be regarded as one of the essential elements serving as a basis for "social reports".
However, as the text of Mr. Holtz's question implies, the OECD has not yet entirely finished its studies on the matter.
Immediate action by the Council of Europe in this field consequently appears premature to the Committee of Ministers, but it proposes to revert to the question as soon as the studies concerned have been brought to a succesful conclusion." CONFIDENTIAL
- 59 - CM/Del/Concl(80)318 Item XIX
XIX. SOCIAL PROTECTION FOR PROFESSIONAL, INTELLECTUAL AND ARTISTIC WORKERS (SELF-EMPLOYED OR EMPLOYEES) Recommendation 857 (Concl(79)304/VI, Concl(80)314/XII, Concl(80)316/XI, CM(80)89)
The Representative of France made the following statement:
"I observe that the CDAS and the CDSS have expressed the strongest reservations with respect to the preparation of an agreement on the social protection of professional, intellectual and artistic workers.
Furthermore the multiplication of international agreements is something which should be avoided.
The French delegation therefore supports the unfavourable opinion expressed by these two Steering Committees.
The draft reply prepared by the Secretariat (CM(80)89 of 20 April 1980) can therefore be approved."
The Representative of the United Kingdom said that her authorities had always held that separate provision for special categories of people was, or should be, unnecessary. In the case under consideration, there were also great problems of definition. These doubts appeared to be shared by the two expert committees whose views were appended to CM(80)89. She was therefore opposed to the proposal to assign further specific terms of reference to these committees, which could involve them in unnecessary work, and also proposed deletion of the final sentence in the draft reply to Recommendation 857.
Decision
The Deputies adopted the following reply to Recommendation 857:
"The Committee of Ministers examined Recommendation 857 on social protection for professional, intellectual and artistic workers (self- employed or employees). As it informed the Assembly earlier (Doc. 4412), it consulted two committees on the Recommendation - the Steering Committee for Social Affairs and the Steering Committee for Social Security. CONFIDENTIAL
CM/Del/Concl(80)318 - 60 - Item XIX
While it is true that people belonging to the somewhat heterogeneous group of workers referred to in Recommendation 857 do not altogether have the same social rights as other workers, it does not seem necessary to draw up a separate international convention for them. Such discrimination as there is, if indeed one may really speak of discrimination, will be gradually removed through the improvement of existing conventions, notably the European Code of Social Security and the European Social Charter, an increase in the number of Contracting Parties to these conventions and the acceptance of more of their provisions in the case of those for which progressive acceptance is possible.
The Committee of Ministers did not therefore see fit to include a new activity in the Organisation's Work Programme." CONFIDENTIAL
- 61 - CM/Del/Concl(80)318 Item XX
XX. 8TH PROGRESS REPORT OF THE INTERNATIONAL CENTRE FOR ADVANCED MEDITERRANEAN AGRONOMIC STUDIES (1976-1978) Recommendation 884 (Concl(80)316/XIV, CM(80)115)
The Representative of France made the following statement:
"Our country is a founder member of the ICAMAS, an international body comprising at the moment seven Mediterranean countries with its headquarters in Paris. We also bear the full financial responsibility for the Institut Agronomique Méditerranéen at Montpellier (I.A.M.M.), one of ICAMAS's three institutes. Its activity and the high level of its teaching ensure I.A.M.M. of an international audience.
Some of the proposals in this Recommendation, in particular those suggesting various forms of support for the Centre (Para. 3 and paras. 8(i), 8(iii)) and those relating to the recognition of its diplomas (paras. 8-iv)) and its role in the follow-up of CSCE (para. 8(vi)) are of real interest to the Centre."
The Representative of Sweden said that his country was prepared to recognise the diploma only if it fulfilled requirements at national level or requirements devolving from international agreements adhered to by Sweden.
The Representative of the Netherlands said that his government was looking favourably at the subject of recognition of the diploma but reserved the right to examine it on a case by case basis when it was to be used as a university entrance qualification in the Netherlands,
Decisions
The Deputies i. instructed the Secretariat to prepare a document before the end of 1980 concerning the prospects for academic recognition by the Signatory States to the European Cultural Convention or by their universities of the post-university specialist diploma known as the "advanced studies diploma" awarded at the end of two years' study by the International Centre for Advanced Mediterranean Agronomic Studies (ICAMAS); ii. agreed to examine at their 320th meeting (June 1980 - B level) a draft reply to Recommendation 884, to be prepared by the Secretariat. CONFIDENTIAL
- 63 - CM/Del/Concl(80)318 Item XXI
XXI. IMPLEMENTATION AND REVISION OF THE EUROPEAN SOCIAL CHARTER Recommendation 839 (Concl(80)316/XVI, CM(80)59)
Decision
The Deputies adopted the following supplementary reply to Recommendation 839:
"The Committee of Ministers has considered Assembly Recommendation 839(1978) on several occasions and has again examined it recently, in the light of the technical opinions which it had requested from the Steering Committee for Social Affairs (CDAS) and the ad hoc Committee of Experts for the follow-up to the Declaration on Human Rights (CAHDH).
This Recommendation follows much the same lines as the Declaration on Human Rights adopted by the Committee of Ministers of Foreign Affairs of the Council of Europe member States on 27 April 1978. In fact, in paragraph II of the operative clauses of that Declaration, the Council of Europe member States decided 'to give priority to the work undertaken in the Council of Europe on exploring the possibility of extending the lists of rights of the individual, notably rights in the social, economic and cultural fields, which should be protected by European conventions or any other appropriate means'.
As part of the work for implementation of this paragraph, the Steering Committee for Social Affairs has recently been instructed to make a detailed study of the list of rights included in the Charter with view to its possible up-dating or extension, having special regard to the recommendations contained in part 8(B) of Recommendation 839.
The CDAS has also been invited to examine the machinery for supervision of the Social Charter, concentrating on the possibility of making the existing machinery more effective. It is to take account of the recommendations contained in part 8(C) of Assembly Recommendation 839.
It is thus clear that the CDAS will shortly be considering the proposals made by the Assembly in parts 8(B) and 8(C) of Recommendation 839.
As for part 8(A), the Committee of Ministers can only hope, like the Assembly, that the Charter will receive wider publicity and is considering ways of bringing this about. It has instructed the Committee of Experts for the Promotion of Education and Information in the Field of Human Rights (DH-ED) to consider the possibility of including economic and social rights within its field of action.
Finally, the Committee of Ministers wishes to emphasise that several governments hope to be in a position to ratify the Charter shortly, that two Contracting Parties have recently accepted additional obligations and that other Contracting Parties are studying the possibility of doing likewise."
The Representative of Switzerland approved the above decision ad referendum. CONFIDENTIAL
- 65 - CM/Del/Concl(80)318 Item XXII
XXII. EUROPEAN ECONOMIC AND SOCIAL POLICY RESEARCH INSTITUTE Written Question No. 219 by Mr Alemyr (Concl(80)316/XVII, CM(79)168 and CM(80)35 and Corr. and Add.)
The Representative of the United Kingdom, referring to the draft supplementary reply set out in Addendum to CM(80)35 and recalling her statement at the Deputies' 316th meeting, proposed the deletion of the following part of the second paragraph: "... as a result of a general reservation made by one delegation. Attempts are being made to find a compromise solution which would enable the examination of the matter to be pursued." She explained that it was not for the Council of Europe to comment on the internal procedure of another European institution.
Decision
The Deputies adopted the following reply to Mr Alemyr's letter concerning his Written Question No. 219:
"The Committee of Ministers wishes to give the following additional information concerning Written Question No. 219 on the European Economic and Social Policy Research Institute in the light of Mr Alemyr's follow- up letter of 7 January 1980.
The discussion within the Council of the European Communities with regard to the setting up of the Institute has been suspended for the time being. Accordingly, no decision has as yet been taken as regards the specific question concerning the possible participation of non- Community States in the envisaged Institute and this question may still be resolved in very different ways." CONFIDENTIAL
- 67 - CM/Del/Concl(80)318 Item XXIII
XXIII. COMMITTEE FOR THE DEVELOPMENT OF SPORT (CDDS) Report of the 3rd meeting (Strasbourg, 4-6 March 1980) (CM(80)80)
When decision(iii)(a) below was adopted, the Representative of Switzerland indicated that his authorities considered that the proposed draft agenda for the Conference included too many themes.
When decision (iv) below was adopted, the Representative of France gave notice that his authorities would have some reservations about the amount of the increase requested. He also said that the creation of a Committee of Experts on Sports Research (DS-SR) should not involve an increase in the Budget.
The result of a vote on the creation of the DS-SR (decision (ii) below) was as follows:
11 for 0 against 6 abstentions
The Representative of the United Kingdom said that the Committee of Ministers should not at that stage seek to influence the opinion of the CDDS on the draft recommendation on Social Security for Sportsmen. The message to the CDSS (decision (vi) below) should be restricted to a request that they should report to the Deputies as soon as possible.
Decisions
The Deputies i. noted that Decision No. CM/126/300379 (opinion on the follow- up to recommendations of the Committee of Ministers) had been executed by the CDDS and agreed to discuss the opinion of the CDDS, together with the opinions of other committees, at a future meeting; ii. approved the creation of a Committee of Experts on Sports Research (DS-SR), with the specific terms of reference appearing at Appendix XII to these Conclusions; iii. a. took note of the proposed agenda for the 3rd Conference of European Ministers responsible for Sport (Madrid, April 1981) as set out in Appendix IV to CM(80)80;
b. noted there existed general agreement in the Committee of Ministers as to the advisability of inviting the following international organisations to participate in the work of the 3rd Conference as observers:
• UNESCO • World Health Organisation • Commission of the European Communities • International Olympic Committee • General Assembly of International Sports Federations • International Council of Sport and Physical Education; CONFIDENTIAL
CM/Del/Concl(80)318 - 68 - Item XXIII
c. noted that the host government would invite representatives of the Assembly to attend the Conference;
d. noted that the Conference would be held in the week beginning 6 April 1981;
e. agreed to examine in due time any other aspect concerning the organisation of the Conference decided by the CDDS; iv. decided to discuss Appendix VII (Draft budget-programme of the Sports Fund for 1981) and Appendix VIII (Staff situation in the Sports Section) to CM(80)80 in the framework of the discussions on the Organisation's budget for 1981; v. took note of the budget-programme to the financed by the Sports Fund in 1980 (Appendix V, page 21, to CM(80)80); vi. agreed to send to the CDSS the message at Appendix XIII to these Conclusions; vii. took note of the decision of the CDDS to allow the European Broadcasting Union and the Association International de la Presse Sportive to participate as observers in the work of the CDDS expert group on Financing of Sport/Sponsorship; viii. taking into account the decision (i) to (vii) above, took note of the report of the 3rd meeting of the CDDS (CM(80)80) as a whole. CONFIDENTIAL
- 69 - CM/Del/Concl(80)318 Item XXIV
XXIV. COUNCIL FOR CULTURAL CO-OPERATION (CDCC) Report of the 5th meeting (Strasbourg, 4-8 February 1980) (CM(80)62 and 98)
Decisions
The Deputies
i. agreed to examine the Cultural Fund's accounts for 1978 under item IV of the present meeting;
ii. took note of the CDCC's opinion No. 9/1980 on the role and responsibility of local and regional authorities in cultural matters (Appendix E, page 32 of CM(80)98), noted that Decision No. CM/115/020379 had been executed and asked their Chairman to transmit the CDCC's opinion to the Conference of Local and Regional Authorities of Europe;
iii. took note of the steps taken by the CDCC in pursuance of Decision No. CM/111/010379 with regard to Resolutions IV and V of the Second Conference of European Ministers responsible for Cultural Affairs; with regard to Resolution III agreed to amend point 3 of Decision No. CM/111/010379 as follows:
"Completion date: June 1980 (it being understood that the terms of reference concerning Resolutions IV and V have already been carried out)";
iv. agreed to amend point 3 of Decision No. CM/126/300379 (Committee of Ministers Resolution) as follows:
"Completion date: June 1980"; v. agreed to examine the remaining items of the CDCC's report on its 5th meeting (CM(80)98) at their 320th meeting (June 1980 - B level). CONFIDENTIAL
- 71 - CM/Del/Concl(80)318 Item XXV
XXV. ESTABLISHMENT OF AN INTERNATIONAL SCHOOL IN STRASBOURG Recommendation 863 (Concl(80)316/XXI, CM(80)17 and Add., 53 and 85)
The Representative of France proposed to modify as follows the second sub-paragraph of paragraph 1 of the draft reply contained in CM(80)85:
"Moreover, the various forms of assistance which the French Government has already made and will continue to make available to the City of Strasbourg to enable it to carry out its European role to the full have enabled the establishment of a school which would be international in character."
The Representative of the Netherlands considered the wording of the draft reply to be too positive, considering that in the view of the Netherlands authorities the arrangements made to turn the Lycée des Pontonniers into an international school were inadequate. The Lycée des Pontonniers in fact prepared students only for the French Baccalauréat and did not have the truly international character of the International Schools of Geneva and Vienna. Consequently he proposed that the second sub-paragraph of paragraph 1 and the fifth paragraph should be modified in such a way as to avoid using the term "international school". He also suggested that certain superlatives in paragraphs 1 and 2 be deleted.
The Representative of Italy observed that he had still not received replies to the questions which he had put on two occasions, at the 307th and 311th meetings. He also asked for information on the appointment procedure, the legal situation, and, in particular, to whom would be responsible and what qualifications were required of the teacher of Italian nationality responsible for the "Italian section" of the Lycée international des Pontonniers.
Finally he proposed deletion of the words "with the agreements of the governments concerned in brackets in paragraph 2 of the draft reply in CM(80)85.
The Representative of the United Kingdom considered it unwise to attempt to solve within the Committee questions which fell within the competence of the French authorities. It was each government's responsibility to do so on a bilateral basis. CONFIDENTIAL
CM/Del/Concl(80)318 - 72 - Item XXV
Decision
The Deputies adopted the following reply to Recommendation 863:
"1. Having considered Recommendation 863 on the establishment of an international school in Strasbourg, the Committee of Ministers wishes to stress its keen interest in all efforts to enable schools in Strasbourg to provide an international education. It considers the French Government's decision to provide the Lycée des Pontonniers with the means to meet the needs of both French and foreign schoolchildren to be an encouraging first step.
Moreover the various forms of assistance which the French Government has already made available and will continue to make available to the city of Strasbourg to enable it to carry out its European role to the full, have enabled the establishment of a school which would be international in character and would also foster the education and cultural development of migrants' children with different mother tongues.
2. As regards paragraph 8(b), the Committee of Ministers notes that two non-French teachers, one German, the other Italian, have been recruited for the Lycée des Pontonniers and have been respectively responsible for the German and Italian sections of the international school since the beginning of the academic year 1979-80. In order to meet the preoccupations underlying the Assembly's Recommendation (see paragraphs 2 and 6), the expediency was stressed of recruiting in future in the same conditions teachers from other member States for children whose mother tongue is not French, German or Italian.
3. As regards paragraph 8(c), the Committee of Ministers is able to confirm that regulations now assure foreign teachers in international schools in France all the guarantees necessary for the performance of their duties.
4. Concerning recognition by member States of attendance at, and certificates conferred by, the international school, it should be noted that the Lycée des Pontonniers at present prepares candidates not for the 'international baccalauréat' but for the various French baccalauréats, recognition of which is assured under bilateral agreements between France and other member States.
5. Lastly, the Committee of Ministers points out that the above- mentioned measures are still in their early stages. Plans for the expansion of the international education provided by the Lycée des Pontonniers, which at present allow for the operation of a complete secondary course by 1985, will ultimately depend upon the reception it is given and the needs which become apparent." CONFIDENTIAL
- 73 - CM/Del/Conc(80)318 Item XXVI
XXVI. COMMITTEE FOR CO-OPERATION WITHIN THE FRAMEWORK OF THE CONVENTION ON THE CONSERVATION OF EUROPEAN WILDLIFE AND NATURAL HABITATS (T-VS) 1st meeting (Strasbourg, 28-30 January 1980) (CM(80)52)
Decision
The Deputies took note of the Report of the first meeting of the T- VS (CM(80)52). CONFIDENTIAL
- 75 - CM/Del/Concl(80)318 Item XXVII
XXVII. 3RD EUROPEAN MINISTERIAL CONFERENCE ON THE ENVIRONMENT (Bern, 19-21 September 1979) Recommendation 888 (Concl(80)315/IV(a), CM(80)118)
The Representative of France communicated the following comments by the French authorities on Recommendation 888:
- the suggestion made in para. 9(a) of the Recommendation was acceptable; however, the priority to be accorded to implementing the resolutions of the Bern Conference implied that the Ministers' meetings should not follow one another too quickly;
- it seemed impossible to accede to the Assembly's request (para.9(b)) to take part in the work of the Interim Committee (T-VS) since it did not appear to be prompted by any specific motive. There would have needed to be numerous precedents for it to be accepted;
- it was desirable that the Information Centre's activity should be intensified (para. 9(c)), provided however that this did not imply furnishing additional means to which the French authorities could probably not contribute;
- the three proposals in para. 9(d) were acceptable;
- as regards para. 9(e), a period of 4 years should elapse between the Bern meeting and the Athens one to allow the Bern resolutions to be implemented (cf para. 9(a) above) and enable the Athens meeting to be throughly prepared. A certain flexibility was desirable by comparison with the usual periodicity of ministerial meetings.
The Representative of Sweden considered, with regard to para. 9(e), that the substance of ministerial conferences and their impact on the Council of Europe were of more consequence than the question of their frequency.
Commenting on operative para. 9(a) of Assembly Recommendation 888 the Representative of the United Kingdom said that her authorities had consistently maintained that flexibility must be allowed in the annual programme and medium term plan to facilitate the insertion of projects arising from the Ministerial Conference on the Environment. Since the Conference, while supporting concentration on the three main thrusts of CDSN endeavour, (the European Convention, the Biogenetic Reserves Network and the Information Centre) they had also urged that the programme should take account of the Bern Resolutions and of the World Conservation Strategy. CONFIDENTIAL
CM/Del/Concl(80)318 - 76 - Item XXVII
On operative para. 9(b), the United Kingdom authorities were opposed, for strictly practical reasons, to the inclusion of Assembly Representatives in the Interim Committee and the Standing Committee to be established under the Convention. These were expert committees with a heavy programme of technical work to get through which could be handicapped by the presence of outside observers. Members of the Assembly should have ample opportunity to make their views known in the Assembly itself, and in national parliaments and in other public committees.
On operative para. 9(c) the United Kingdom authorities agreed that additional funds would make the centre more effective than it was now, but pointed out that this was a problem which could only be looked at in the light of overall resources available to the Council of Europe.
On operative para. 9(d)(i) ratification of the Convention by the United Kingdom would depend on the passage through Parliament of the Wildlife and Countryside Bill, which was unlikely to take place during the current Parliamentary session. As far as existing domestic legislation allowed, the United Kingdom authorities were actively implementing the Convention prior to ratification.
On operative para. 9(d)(ii) the United Kingdom authorities have, in spite of current economic difficulties, slightly increased the staff available to undertake environmental education of the public, which included education about the Convention.
Operative para. 9(d)(iii) had already been implemented in the United Kingdom.
On operative para. 9(e), the United Kingdom authorities were not in favour of holding Ministerial Conferences on the Environment at fixed intervals. Such conferences should only be held when there was a genuinely valuable topic to be discussed and some positive and necessary follow up action could reasonably be expected.
The Representative of Italy said that the interval between one conference and the next should be sufficiently long to permit thorough preparation.
He could accept the Secretariat proposal to consult the T-VS on para.9(d)(iii of the Recommendation. CONFIDENTIAL
- 77 - CM/Del/Concl(80)318 Item XXVII
The Representative of Switzerland, referring to paragraph 9(b) of the Recommendation, said he was opposed to the Assembly's taking part in the work of the Interim Committee in view of the latter's special status and the nature of its activities. Where the Standing Committee was concerned, the matter should be considered at the appropriate moment.
The Swiss authorities wished to see an improvement in the Information Centre's financial situation, which was giving cause for concern. For that reason they approved para. 9(c) of the Recommendation.
The Representative of Austria signified general agreement with the content of Recommendation 888 and with the proposals regarding the action to be taken on it. However, as suggested in CM(80)118, the Information Centre's situation should be examined at the Deputies' 319th meeting (item XIV).
He questioned whether it was necessary to consult the T-VS on the question of the translation of the Convention in the language of the country (para.9(d)(iii)), since that was done automatically at the ratification stage.
The Representative of Denmark could not approve the proposal in para.9(b) of the Recommendation owing to the fact that a number of signatories to the Convention had no representatives in the Assembly.
The Director of Environment and Local Authorities pointed out, first of all, that the Committee of Senior Officials had proposed that the next conference be held in May 1983. The resultant interval of 4 years between the Bern and Athens Conferences would be sufficient to meet the concern expressed by certain Deputies. He suggested that the T-VS be consulted on para. 9(d)(iii) of the Recommendation, firstly because it would make useful suggestions for the various countries as to ways of disseminating the text of the Convention and, secondly, because it could solve the problem of translating into the various languages the names of the species protected by the Convention, names given only in latin at the present moment.
Decisions
The Deputies i. adopted Decision No. CM/192/300480 assigning ad hoc terms of reference to the Interim Committee for Co-operation within the framework of the Convention on the Conservation of European Wildlife and Natural Habitats (T-VS), as it appears at Appendix XIV to these Conclusions; CONFIDENTIAL
CM/Del/Concl(80)318 - 78 - Item XXVII
ii. agreed to resume consideration of Recommendation 888 at their 320th meeting (June 1980 - B level) in the light of a draft reply to be prepared by the Secretariat. CONFIDENTIAL
- 79 - CM/Del/Concl(80)318 Item XXVIII
XXVIII. ENERGY AND THE ENVIRONMENT Recommendation 846 Opinions by the CDAT and the CDDH (Concl(80)314/IV, CM(80)60)
Decision
The Deputies agreed to potpone discussion of this item to their 320th meeting (June 1980 - B level). CONFIDENTIAL
- 81 - CM/Del/Concl(80)318 Item XXIX
XXIX. PREPARATION OF FORTHCOMING MEETINGS
Decision
The Deputies gave provisional approval to the draft agenda of their 320th meeting (June 1980 - B level), as it appears at Appendix II to these Conclusions, subject to final approval at their 319th meeting (May 1980 - A level). CONFIDENTIAL
- 83 - CM/Del/Concl(80)318 Item XXX(a)
XXX. OTHER BUSINESS a. Consultative Assembly Texts adopted by the Standing Committee
Opinion No. 98 on the 2nd Medium Term Plan
Decision
The Deputies agreed to examine this Opinion under item IV, "2nd Medium- Term Plan" at their 319th meeting (May 1980 - A level).
Resolution 725 on increasing the number of Vice-Presidents of the Assembly
Decision
The Deputies took note of this Resolution. CONFIDENTIAL
- 85 - CM/Del/Concl(80)318 Item XXX(b) b. United Nations Preparation of the next exchange of views (Concl(80)317/XXI(d))
Decision
The Deputies agreed to hold their next exchange of views on the United Nations with participation of experts on 20 June 1980. CONFIDENTIAL
- 87 - CM/Del/Concl(80)318 Item XXX(c)
c. European Social Charter Election of one member of the Committee of Experts set up under Article 25 of the Charter (CM(80)108)
The Deputy Director of Legal Affairs, referring to CM(80)108, said that the Committee of Ministers was required, at that stage, to take note of the resignation of Mr. A.M. Morgan and to initiate the procedure for the election of his successor. In accordance with the customary practice, a letter would be sent to the Ministers for Foreign Affairs drawing their attention to the vacancy on the Committee of Independent Experts and informing them of the election procedure.
The Representative of the United Kingdom said it was with profound regret that Mr Morgan had been obliged, on account of a serious illness, to give up his functions on the Committee of Independent Experts, functions to which he attached a great deal of importance.
The Director of Economic and Social Affairs said it was also with deep regret that the members of the Committee of Experts had learned of Mr. Morgan's resignation, for he had made a very valuable contribution to the Committee's work, and that they asked the Secretariat to convey their sympathy.
The Chairman was certain he was speaking for all when he asked the Secretariat to convey to Mr. Morgan the sympathy of the members of the Committee of Ministers.
Decision
The Deputies agreed to follow the election procedure set out in paragraph 5 of CM(80)108 with a view to electing a new member of the Committee of Experts set up under Article 25 of the Social Charter to replace Mr A.M. Morgan who has resigned. CONFIDENTIAL
- 89 - CM/Del/Concl(80)318 Item XXX(d) d. Opening of Conventions for signature
A. European Convention on recognition and enforcement of decisions concerning custody of children and on restoration of custody of children
The Representatives of Belgium, France, the Federal Republic of Germany and Switzerland said that their governments were prepared to sign this Convention on the occasion of the XIIth Conference of European Ministers of Justice on 20 May 1980 in Luxembourg.
The Representatives of the Netherlands and Spain said that their governments intended to sign it on that occasion.
The Representative of the United Kingdom said that it was not yet possible to say whether a United Kingdom Minister would be in a position to sign the Convention by 20 May.
B. European Outline Convention on Transfrontier Co-operation between territorial communities or authorities
The Representatives of Belgium, the Federal Republic of Germany, Italy and Sweden said that their governments were prepared to sign this Convention on the occasion of the 4th Conference of European Ministers responsible for Local Government on 21 May 1980 in Madrid.
The RRepresentatives of Austria and Italy said that their governments intended to sign it on that occasion.
The Representative of France said that the Convention had been submitted to the Conseil d'Etat; it was hoped that it would be able to give a favourable opinion in time for the Convention to be signed in Madrid.
The Representative of Switzerland said that the procedure for consulting the frontier cantons had to be launched and that it would not be completed before the end of the year. CONFIDENTIAL
- 91 - CM/Del/Concl(80)318 Item XXX(e)
e. Conference of Local and Regional Authorities of Europe (CLRA.E) Letter by the President of the Conference (Concl(80)317/XV, CM(80)113)
Decision
The Deputies agreed that the information requested by the President of the CLRAE concerning the appointment of delegations to the Conference (see CM(80)113) should be sent to the Secretariat by 1st June 1980 at the latest, and that the Secretariat should forward it to the President of the CLRAE without delay. CONFIDENTIAL
- 93 - CM/Del/Concl(80)318 Item XXX(f)
f. Conservation of the European Architectural Heritage
Question by Mr Flanagan to the Chairman of the Committee of Ministers
The Chairman briefly introduced this item, telling the Deputies that the questions put to the Chairman in Office of the Committee of Ministers on 24 April would be printed shortly in document SG/D(80)5 with a view to their consideration at the 319th meeting in May 1980 at A level. However, the Deputies were requested to take a stand on question No. 13 by Mr Flanagan at this meeting because the CDAT which was dealing with the matter was meeting only once in 1980 on 7 to 9 May next, which would be before the 319th meeting.
Decision
The Deputies agreed to add the following to the ad hoc terms of reference assigned to the CDAT by Decision No. CM/186/210280:
"To consider the replies given by the Chairman of the Committee of Ministers on 24 April 1980 to Question No. 13 by Mr Flanagan concerning this Recommendation and to give an opinion on their implementation". CONFIDENTIAL
- 95 - CM/Del/Concl(80)318 Item XXX(g) g. Committee of Ministers Date of next Session
Decision
The Deputies agreed to fix the date of 16 October 1980 for the 67th Session of the Committee of Ministers. CONFIDENTIAL
- 97 - CM/Del/Concl(80)318 Item XXX(h) h. Malta
At the proposal of their Chairman, the Representative of Spain, the Deputies held an exchange of views on Monday 28 April 1980, at A level and in restricted session, on the situation arising following the discussions in the Assembly the previous week concerning the representation of Malta at the 32nd Ordinary Session of the Assembly. CONFIDENTIAL
- a1 - CM/Del/Concl(80)318
APPENDIX I
AGENDA OF THE 318TH MEETING OF THE MINISTERS' DEPUTIES
(Strasbourg, 28 April 1980 at 3 p.m. - B level)
1. Adoption of the Agenda (Notes No. 3332 of 24.4.80)
2. State of written procedures (Notes No. 3333 of 18.4.80)
I.
Adoption of decisions without debate
3. 1980 annual review of the daily subsistence allowance rates for staff of the Co-ordinated Organisations travelling on duty - 170th report of the Co-ordinating Committee of Government Budget Experts (CM(80)83) (Notes No. 3334 of 24.3.80)
4. Council of Europe Budget - Accounts of the Cultural Fund for the financial year 1978 - (CM(80)99) (Notes No. 3335 of 18.4.80)
II.
Human Rights
5. Economic, social and cultural rights - Written Question No. 225 by Mr. Peridier and others - (CM(80)63) (Notes No. 3336 of 17.4.80)
6. Protection of personal data - Recommendation 890 - (Concl(80)315/IV(a)) (Notes No. 3337 of 26.3.80) CONFIDENTIAL
CM/Del/Concl(80)318 - a2 - Appendix I
Legal Questions
7. Resolution No. 4 of the 11th Conference of European Ministers of Justice on the death penalty - Opinions by the CDDH and the CDPC (Concl(80)314/IV, CM(79)303 and CM(80)110 of 2.4.80) (Notes No. 3338 of 15.4.80)
8. Ad hoc Committee on Legal Aspects of Territorial Asylum and Refugees (CAHAR) - Report of the 6th meeting (Strasbourg, 12-16 November 1979) (Concl(80)316/VII, CM(80)26) (Notes No. 3339 of 14.4.80)
9. Teaching, research and training in the field of "computers and law" - Draft Recommendation - (Concl(80)316/VI(x), Addendum I to CM(79)321) (Notes No. 3340 of 14.4.80)
Economic and Social Questions
10. European Public Health Committee (CDSP) - Report of the 6th meeting (Strasbourg, 13-16 November 1979) - (Concl(80)316/X, CM(80)10 and Corr. and Add. II rev.) (Notes No. 3341 of 18.4.80)
11. European Social Charter - 5th period of supervision of its application - Opinion No. 95 - (Concl(80)314/XIII, CG/CH.Soc(78)11 and Conclusions V, CM(80)16 rev.) (Notes No. 3342 of 10.4.80)
12. Request of the International Federation of Pharmaceutical Manufacturers' Associations (IFPMA) to be admitted, as an observer, to the meetings of the Committee of Experts on Blood Transfusion and Immunohaematology (SP-HM) - (CM(80)111 of 10.4.80) (Notes No. 3343 of 15.4.80)
13. Conference of European Ministers responsible for Public Health - Report of the Ad hoc Committee of Senior Officials - (CM(80)82) (Notes No. 3344 of 16.4.80)
14. Cancer Control - Recommendation 836 (Concl(79)309/XX, CM(79)191, Appendix IV, CM(80)55) (Notes No. 3345 of 26.3.80)
15. Committee of Experts on Nuptiality and the Family (ED-NF) - Extension of specific terms of reference - (CM(80)96) (Notes No. 3346 of 24.3.80)
16. Potential dangers of the use of chemical herbicides - Recommendation 823 (Concl(80)314/X, CM(80)112 of 3.4.80) (Notes No. 3347 of 3.4.80) CONFIDENTIAL
- a3 - CM/Del/Concl(80)318 Appendix I
17. Methods and trends of organic farming in Europe - Recommendation 745 - (Concl(80)314/X, CM(80)116 of 10.4.80) (Notes No. 3348 of 10.4.80)
18. Drawing up of social reports - Written Question No. 226 by Mr. Holtz - (CM(80)75 and Add. of 20.3.80) (Notes No. 3349 of 3.4.80)
19. Social protection for professional, intellectual and artistic workers (self-employed or employees) - Recommendation 857 (Concl(79)304/VI, Concl(80)314/XII, Concl(80)316/XI, CM(80)89 of 10.4.80) (Notes No. 3350 of 16.4.80)
20. 8th progress report of the International Centre for Advanced Mediterranean Agronomic Studies (1976-1978) - Recommendation 884 (Concl(80)316/XIV, CM(80)115 of 16.4.80) (Notes No. 3351 of 16.4.80)
21. Implementation and revision of the European Social Charter - Recommendation 839 - (Concl(80)316/XVI, CM(80)59) (Notes No. 3352 of 24.3.80)
22. European Economic and Social Policy Research Institute - Written Question No. 219 by Mr. Alemyr - (Concl(80)316/XVII, CM(79)168 and CM(80)35 and Corr. and Add.) (Notes No. 3353 of 24.3.80)
Education, Culture and Sport
23. Committee for the Development of Sport (CDDS) - Report of the 3rd meeting (Strasbourg, 4-6 March 1980) (CM(80)80) (Notes No. 3354 of 28.3.80)
24. Council for Cultural Co-operation (CDCC) - Report of the 5th meeting (Strasbourg, 4-8 February 1980) - (CM(80)62 and 98 of 10.4.80) (Notes No. 3355 of 23.4.80)
25. Establishment of an international school in Strasbourg - Recommendation 863 - (Concl(80)316/XXI, CM(80)17 and Add., 53 and 85) (Notes No. 3356 of 17.3.80)
Environment and Local Authorities
26. Interim Committee for Co-operation within the framework of the Convention on the Conservation of European Wildlife and Natural Habitats (T-VS) - 1st meeting (Strasbourg, 28-30 January 1980) (CM(80)52) (Notes No. 3330 of 24.3.80) CONFIDENTIAL
CM/Del/Concl(80)318 - a4 - Appendix I
27. 3rd European Ministerial Conference on the Environment (Bern, 19-21 September 1979) - Recommendation 888 - (Concl(80)315/IV(a), CM(80)118 of 16.4.80) (Notes No. 3357 of 18.4.80)
28. Energy and the environment - Recommendation 846 - Opinions by the CDAT and the CDDH - (Concl(80)314/IV, CM(80)60) (Notes No. 3328 of 24.3.80)
29. Preparation of forthcoming meetings (Notes No. 3358 of 23.4.80)
30. Other business
a. Consultative Assembly - Texts adopted by the Standing Committee (Notes No. 3378 of 10.4.80)
b. United Nations - Preparation of the next exchange of views (Concl(80)317/XXI(d)) (Notes No. 3379 of 10.4.80)
c. European Social Charter - Election of one member of the Committee of Experts set up under Article 25 of the Charter (CM(80)108 of 2.4.80) (Notes No. 3380 of 17.4.80)
d. Opening of Conventions for signature (Notes No. 3385 of 24.4.80)
e. Conference of Local and Regional Authorities of Europe (CLRAE) Letter by the President of the Conference - (Concl(80)317/XV, CM(80)113 of 24.4.80) (Notes No. 3386 of 24.4.80)
f. Conservation of the european architectural heritage - Question by Mr Flanagan to the Chairman of the Committee of Ministers (Notes No. 3387 of 29.4.80)
g. Committee of Ministers - Date of next session (Notes No. 3388 of 28.4.80)
h. Malta CONFIDENTIAL
- a5 - CM/Del/Concl(80)318
APPENDIX II
DRAFT AGENDA OF THE 320th MEETING OF THE MINISTERS' DEPUTIES
(Strasbourg, 9 June 1980 at 3 pm - B level)
1. Adoption of the agenda (Notes No. 3389 of ...)
2. State of written procedures (Notes No. 3390 of ...)
Legal Questions
3. Co-operation between Council of Europe member States against international tax avoidance and evasion - Recommendation 833 and Order No. 369 - (Concl(79)299/IX, CM(80)...) (Notes No. 3391 of ...)
4. Ad hoc Committee on the Legal Aspects of Territorial Asylum and Refugees (CAHAR) - Report of the 7th meeting (Strasbourg, 21-25 April 1980) - (CM(80)135 and Add. of ...) (Notes No. 3392 of ...)
5. Ad hoc Committee of Experts for the Protection of Animals (CAHPA) - Report of the 7th meeting (Strasbourg, 22-25 April 1980) - (CM(80)127 (Notes No. 3393 of ...)
6. Ad hoc Committee of Experts for the Protection of Animals (CAHPA) - Requests for observer status from the Federation of European Laboratory Animals Science Associations/FELASA and the Eurogroup for Animal Welfare - (Letters JB C9 of 26.3.80 and JB C11 of 3.4.80) (Notes No. 3394 of ...)
Economic and Social Questions
7. Legal measures to fight drug dependence - Recommendation 843 - (Concl(80)318/X, CM(80)93) (Notes No. 3395 of ...)
8. Social Committee - Partial Agreement (CD-P-CS) - Report of the 3rd Session (8-9 January 1980) - (CD-P-CS(80)2) (Notes No. 3396 of ...)
N.B. In accordance with the deadline rules for the despatch of reference documents and Notes on the Agenda, the date limits are 12 May and 30 May 1980. CONFIDENTIAL
CM/Del/Concl(80)318 - a6 - Appendix II
9. Extraordinary meeting of the Steering Committee for Social Affairs (CDAS) - 1st meeting (Strasbourg, 17-19 March 1980) - (CM(80)123) (Notes No. 3397 of ...)
10. Steering Committee for Social Security (CDSS) - Report of the 10th meeting (Strasbourg, 4-7 March 1980) - (CM(80)124) (Notes No. 3398 of ...)
11. Ad hoc Committee of Senior Officials responsible for the preparation of the second Conference of European Ministers responsible for Social Security - Report of the 1st meeting (Strasbourg, 25-27 March 1980) - (CM(80)125) (Notes No. 3399 of ...)
12. European Social Charter - 5th period of supervision of its application - Opinion No. 95 - (Concl(80)318/XI, CG/CH.Soc(78)11 and Conclusions V, CM(80)16 rev. and ...) (Notes No. 3400 of ...)
13. Methods and trends of organic farming in Europe - Recommendation 745 - (Concl(80)318/XVII, CM(80)116) (Notes No. 3401 of ...)
14. 8th progress report of the International Centre for Advanced Mediterranean Agronomic Studies (1976-78) - Draft interim reply to Recommendation 884 - (Concl(80)318/XX, CM(80)115 and ...) (Notes No. 3402 of ...)
Education, Culture and Sport
15. Council for Cultural Co-operation (CDCC) - Report of the 5th meeting (Strasbourg, 4-8 February 1980) - (Concl(80)318/XXIV, CM(80)62 and 98) (Notes No. 3355 of 23.4.80 and Add. of ...)
16. Underwater cultural heritage - Recommendation 848 - (Concl(80)316/XVIII, CM(79)198, 276 and CM(80)61) (Notes No. 3404 of ...)
Environment and Local Authorities 17. Steering Committee for Regional and Municipal Matters (CDRM) - Report of the 7th meeting (Strasbourg, 5-6 March 1980) - (CM(80)128 and Add. I - III (Notes No. 3405 of ...)
18. European Committee for the Conservation of Nature and Natural Resources (CDSN) - Fifth meeting (Strasbourg, 20-25 February 1980) (CM(80)107 and Add. I to V) (Notes No. 3406 of ...)
19. Means of collecting and distributing information and documentary material relating to transfrontier co-operation - (Concl(80)314/XVI and CM(80)...) (Notes No. 3407 of ...) CONFIDENTIAL
- a7 - CM/Del/Concl(80)318 Appendix II
20. 3rd European Ministerial Conference on the Environment (Bern, 19-21 September 1979) - Recommendation 888 - (Concl(80)318/XXVII, CM(80)118 and ...) (Notes No. 3408 of ...)
21. Energy and the environment - Recommendation 846 - Opinions by the CDAT and the CDDH - (Concl(80)318/XXVIII, CM(80)60) (Notes No. 3328 of 24.3.80)
22. Preparation of forthcoming meetings (Notes No. 3410 of ...)
23. Any other business CONFIDENTIAL - a9 - A11 - CM/Del/Concl(80)318
APPENDIX III/ANNEXE III (item III/Point III) DAILY SUBSISTENCE ALLOWANCE RATES AS FROM 1st JANUARY, 1980 TAUX D'JNDEMNITES JOURNALIERES A COMPTER DU ler JANVIER 1980
Country Group Rates - Taux Local currency Pays Groupes AT - AU AT - AU Monnaie locale 1.I.1979 1.I.1980 (0) (00) (1) (2) (3) Australia I 62.90 71.20 Australian $ Australie II 58.20 65.90 $ australien III 51.60 58.40
Austria I 1045 1160 Schilling Autriche II 965 1075 III 855 950
Belgium I 2210 2480 Belgian francs Belgique II 2045 2290 Francs belges III 1810 2030
Luxembourg I 1990 2350 Lux. Francs II 1840 2170 Francs Lux. III 1630 1930
Canada I 74.70 86.30 Canadian dollars II 69.10 79.80 Dollars canadiens III 61.30 70.80
Cyprus I 16.90 19.00 Cyprus pounds Chypre II 15.60 17.60 Livres cypriotes III 13.90 15.60
Denmark I 369 468 Danish Kroner Danemark II 341 433 Couronnes danoises III 303 384
Finland I 291 326 Finnish Marks Finlande II 269 302 Marks finlandais III 239 267
France I 323 389 French francs Paris II 299 360 Francs français III 265 319
France I 298 320 French francs Strasbourg II 276 296 Francs français III 244 262
France I 271 303 French francs Elsewhere II 251 280 Francs français Autres villes III 222 248 CONFIDENTIAL
CM/Del/Concl(80)318 - a10 - A12 - Appendix III/Annexe III DAILY SUBSISTENCE ALLOWANCE RATES AS FROM 1st JANUARY, 1980 TAUX D'INDEMNITES JOURNALIERES A COMPTER DU ler JANVIER 1980
Country Group Rates - Taux Local currency Pays Groupes AT - AU AT - AU Monnaie locale 1.I.1979 1.I.1980 (0) (00) (1) (2) (3) Germany I 145 173 Deutschmarks Allemagne II 135 160 Deutsche Marks III 120 142
Greece I 1,675 1,915 Drachmae Grece II 1,550 1,770 Drachmes III 1,370 1,570
Iceland I 18,770 26,580 Krona Islande II 17,360 24,590 Couronnes III 15,390 21,800
Ireland I 31.80 37.70 Irish pounds Irlande II 29.40 34.90 Livres irlandaises III 26.10 30.90
Italy I 50,100 58,200 Lire Italie II 46,300 53,800 Lires III 41,100 47,700
Japan I 20,400 26,100 Yens Japon II 18,900 24,100 III 16,750 21,400
Malta I 16.80 18.70 Maltese Pounds Malte II 15.50 17.30 Livres maltaises III 13.80 15.30
Netherlands I 159 181 Guilders Pays-Bas II 147 167 Florins III 130 148
Norway I 376 436 Norwegian Kroner Norvège II 348 403 Couronnes norvé- III 308 358 giennes
New Zealand I 53.50 68.00 N.Z. Dollars Nouvelle- II 48.50 62.90 Dollars N.Z. Zélande III 43.90 55.80
Portugal I l,920 2,520 Escudos II 1,775 2,330 III 1,575 2,065
Spain I 3,720 4,660 Pesetas Espagne II 3,440 4,310 III 3,050 3,820 CONFIDENTIAL
- a11 - A13 - CM/Del/Concl(80)318 Appendix III/Annexe III
DAILY SUBSISTENCE ALLOWANCE RATES AS FROM 1st JANUARY, 1980 TAUX D'INDEMNITES JOURNALIERES A COMPTER DU ler JANVIER 1980
Country roup Rates - Taux Local currency Pays GGroupes AT - AU AT - AU Monnaie locale 1.I.1979 1.I.1980 (0) (00) (1) (2) (3) Sweden I 373 401 Swedish Kroner Suède II 345 371 Couronnes suédoises III 306 329
Switzerland I 149 161 Swiss Francs Suisse II 138 149 Francs suisses II 122 132
Turkey I 1,170 2,365 Turkish pounds Turquie II 1,080 2,188 Livres turques III 960 1,939
United Kingdom I 35.20 40.70 Pounds sterling Royaume-Uni II 32.60 37.60 Livres sterling III 28.90 33.40
United States I 77.80 91.70 Dollars Etats-Unis II 72.00 84.80 (New-York) III 63.80 75.20
United States I 74.20 83.60 Dollars Etats-Unis II 68.60 77.30 (Elsewhere III 60.80 68.60 Autres villes)
Yugoslavia I 900 1060 Dinars Yougoslavie II 830 980 III 740 870 CONFIDENTIAL
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APPENDIX IV (item IV)
RESOLUTION (80) 5
concerning the
CULTURAL FUND ACCOUNTS FOR THE FINANCIAL YEAR 1978
(adopted by the Committee of Ministers on 28 April 1980 at the 318th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article VI, paragraph 4 (c) of the Statute of the Cultural Fund,
HAVING REGARD to the accounts of the Cultural Fund for the financial year 1978;
HAVING REGARD to Resolution No. 6/1980 of the Council for Cultural Co-operation,
RESOLVES AS FOLLOWS:
Single Article
The Secretary General is hereby discharged of his responsibilities in respect of his management of the Cultural Fund for the period 1 January to 31 December 1978. CONFIDENTIAL
- a15 - CM/Del/Concl(80)318
APPENDIX V (item VI)
DECISION NO. CM/189/300480
Ad hoc terms of reference
1. Name of relevant committees: STEERING COMMITTEE FOR HUMAN RIGHTS (CDDH)
EUROPEAN COMMITTEE ON LEGAL CO-OPERATION (CDCJ)
2. Source of terms of reference: Committee of Ministers
3. Completion date: 1980
4. Terms of reference:
To give an opinion on Recommendation 890 on the protection of personal data.
5. Other committee(s) to be informed of terms of reference: None - a17 - CM/Del/Dec(80)318
APPENDIX VI (item XI)
RECOMMENDATION No. R(80)3 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES CONCERNING TEACHING, RESEARCH AND TRAINING IN THE FIELD OF "COMPUTERS AND LAW"
(adopted by the Committee of Ministers on 30 April 1980 at the 318th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 15 (b) of the Statute of the Council of Europe,
Considering that the aim of the Council of Europe is to achieve greater unity among its members;
Considering the increasing number of ways in which computers are used in modern society and the legal implications thereof;
Considering that the development of legal data processing contributes to a more effective organisation of State institutions and, in particular, of the administration of justice;
Considering that legal education should acquaint lawyers with this new field,
Recommends the governments of member States to:
I. draw the attention of the competent authorities to the growing importance of the subject "computers and law" and to the need to develop at university level teaching based on the suggested syllabus annexed to the present Recommendation and programmes of specialised studies in this field;
II. encourage and support scientific research in the field of computers and law;
III. invite the appropriate bodies, and particularly those responsible for permanent education, to organise training courses for professional lawyers and to recognise any professional qualifications thus obtained;
IV. encourage the competent authorities, where appropriate, to take into account periods of studies carried out abroad in this field as part of the studies required for the granting of degrees and diplomas and to promote international exchanges of students. CONFIDENTIAL
CM/Del/Concl(80)318 - a18 - Appendix VI
Appendix to Recommendation No. R(80)3
Suggested syllabus for an introductory course of studies in the field of "computers and law"
Introductory Note: This syllabus is designed for a course equivalent to 40 hours of teaching and practice.
I. Introduction: "computers and law" as a new problem area; the computer considered as a tool for the lawyer and as a subject of law.
II. Technology and methodology,
comprising matters such as: - fundamentals of data processing, - components of computer systems (hardware and software), - working methods: organisation of systems and data, system design and planning.
III. Applications of computers in the legal field,
comprising matters such as: document management and retrieval of documents, - administrative systems (court administration, criminal justice systems, land registration, etc), - planning systems (in public administration, in legislation) - assessment of implications (impact on legal research, procedures and institutions).
IV. Normative problems related to the use of computers,
comprising matters such as: - privacy, - confidentiality, reliability, security, - data banks and data communication. CONFIDENTIAL
- a19 - CM/Del/Concl(80)318
APPENDIX VII (item X)
RECOMMENDATION No. R(80)4 OF THE COMMITTEE OF MINISTERS TO THE MEMBER STATES CONCERNING THE PATIENT AS AN ACTIVE PARTICIPANT IN HIS OWN TREATMENT
(adopted by the Committee of Ministers on 30 April 1980 at the 318th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 15(b) of the Statute of the Council of Europe,
1. Considering that the aim of the Council of Europe is to achieve a greater unity between its members and that this aim may be pursued, inter alia, by the adoption of a common approach in the public health and social welfare fields;
2. Considering the growing concern over the costs for health care services in the member states of the Council of Europe;
3. Considering the self-help capacities of patients as an important contribution to health protection and rehabilitation;
4. Considering that the shift from the patient's compliance to co-operation between the patient and health care workers is essential;
5. Considering the risks of certain technological developments in medicine;
6. Considering that in spite of greater technical expertise in medicine, recent rates in morbidity and mortality have not substantially decreased;
7. Considering that it is difficult to draw a demarcation line between prevention and the beginning of treatment;
8. Considering that attitudinal change from passive dependency to active participation in health protection and rehabilitation is to be encouraged in individual patients and the population as a whole;
9. Having regard to the growing movement of patient associations and their ability to participate in the health care system;
10. Considering that the increasing development of patient associations and their actions can be seen as a positive movement of people working for self-determination in health care;
11. Recognising the inhibiting, limiting and promoting factors of active patient participation in their own treatment; CONFIDENTIAL
CM/Del/Concl(80)318 - a20 - Appendix VII
12. Considering that active participation of patients in treatment and health maintenance is not necessarily enhanced by an increase in the volume of and accessibility fo professional care;
13. Recognising the failure of certain health programmes due to such factors as over-professionalisation, medicalisation of society and over- protection of certain categories of patients;
14. Recognising the progressive transition from active participation of patients in curative care into active participation of patients in preventive and positive health care;
15. Recognising that active participation is related to self-care education, directed to the following goals:
- increasing competence for basic self-care;
- better understanding of the possibilities and the limits of professional health care;
- better partnership in decision-making with regard to treatment;
16. Recognising the key position of the general practitioner in preventing the inappropriate and inadequate use of specialised health services;
17. Recognising that appropriate instruction of patients can encourage participation of patients and equally increase public utilisation of and satisfaction with services at relatively low cost;
18. Recognising that the stimulation of active participation of patients depends on the understanding of the expectations of patients by health care providers;
19. Recognising that the degree of anxiety, caused in some people for instance by general screening procedures, may increase the need for professional care and encourage passive dependence instead of active participation of patients;
20. Recognising that conscious choice for self-care should not be interpreted as a rejection of professional care,
Recommends the governments of member States:
I. to implement programmes to stimulate the active participation of patients in treatment, prevention as well as in maintenance, promotion and recovery of their health and that of others;
II. to take into account the following recommendations when planning such programmes: CONFIDENTIAL
- a21 - CM/Del/Concl(80)318 Appendix VII
A. HEALTH POLICY
1. In accordance with the policy of the World Health Organisation, it is recommended to set new priorities in research, in organisation and in structures so as to give primary health care precedence over investment in hospital medicine.
2. In this respect, a larger share of resources should be allocated to health care programmes which encourage patient participation.
3. The change from compliance to co-operation has to be stimulated according to two models.
The relationship between the patient and the professional has to be a reciprocal one based on partnership both in the highly technically developed countries and others. In addition in the latter, the infrastructural organisation has to be emphasised in order to develop health education and awareness and a dynamic approach to the active participation of people in health protection and of patients in their treatment.
B. HEALTH EDUCATION AND INFORMATION
1. Permanent and systematic health education programmes should be set up to encourage the active participation of people in health protection. A responsible use of the mass media should be seen as an important means to modify peoples' attitudes to health services and make them change from a passive attitude to participation.
2. Health education and information should be provided for the population as a whole but emphasis should be given to specific categories of the population where beneficial effects of group work and support groups are emphasised and the knowledge gained from experienced patients as to their own illness are used for fellow sufferers. Information must be given in an accessible language easily assimilated by each category of the population and adapted to different age groups, avoiding the use of fear as a motivating factor. It is necessary to inform both patients and the medical corps on treatment costs.
C. PATIENT ASSOCIATIONS
1. Recognised patient associations should be encouraged and stimulated at national, regional and local levels, and measures to support these financially or in kind should be examined.
2. Patient organisations should be given the opportunity to influence health policy at different levels, and to have access to planners and architects, concerning facilities for the disabled, the chronically ill and other patients with special housing and service needs. In this respect self-help and mutual care of the members of patient associations should be seen as important contributions to achieving participation of patients in their own treatment.
3. Support should be given to health associations. CONFIDENTIAL
CM/Del/Concl(80)318 - a22 - Appendix VII
D. PREVENTION AND PRIMARY HEALTH CARE
1. The following measures are recommended:
- education of young people should include preventive and psychological aspects of health care;
- self-examination (when proved effective in the diagnostic and therapeutic phase);
- self-care and self-cure in the case of minor diseases and first aid.
In this respect primary health care should be fostered as it is easier for the patient to become an active co-operating partner in general practice treatment.
2. Home-care should be promoted, not only by professionals but also by non-professionals in the family and neighbourhood, especially for the increasing number of elderly, chronically ill and handicapped people.
E. RESEARCH
1. Extension of research in the field of primary care and self-care with all its problems is crucial in terms of future development. There is at the moment little research into primary medical practice. Resources are urgently needed for the promotion of field research (medical-sociological; practice-epidemiological; medical-psychological, behavioural sciences) aimed at improving primary care.
2. Research should be stimulated - especially with regard to primary care - to develop instruments to measure the influence of patients' participation on the effects of treatment.
F. PROFESSIONAL EDUCATION AND TRAINING
1. Health policies and practices whereby professionals will come to perceive it as their responsibility to encourage the active participation of the patient in his own treatment should be promoted.
2. Innovations should be promoted at the training stage to enable professionals to be receptive to patients' needs and to facilitate the patients' co-operation in their own treatment. CONFIDENTIAL
- a23 - CM/Del/Concl(80)318 Appendix VII
3. Training curricula for students and all professionals which are geared to society's need for improvement of primary health care should envisage the earliest possible contact with practice in primary care and the psycho-social problems of the patients involved. Subsequent and vocational training should be integrated and related to practice, not only with hospital patients, but also with patients of general practitioners. This should include appropriate training in prevention, prophylaxis, early diagnosis and health education. This will prepare them for future co- operation in health care teams.
4. Training programmes for medical, nursing and para-medical staff should include information on all patient associations to encourage them to inform their own patients of relevant associations.
5. Additional training for all team members in information techniques, educational non-directive communication techniques and health education should be encouraged. CONFIDENTIAL
- a25 - CM/Del/Concl(80)318
APPENDIX VIII (item X)
RECOMMENDATION NO. R(80)5 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES CONCERNING "BLOOD PRODUCTS FOR THE TREATMENT OF HAEMOPHILIACS"
(adopted by the Committee of Ministers on 30 April 1980 at the 318th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 15 (b) of the Statute of the Council of Europe,
Considering that the aim of the Council of Europe is to achieve a greater unity between its members and that this aim may be pursued, inter alia, by the adoption of common regulations in the public health field;
Considering that ethical and economic reasons necessitate optimal use of blood and all blood components to cater for the needs of haemophiliacs and aware of the resulting implications with regard to the organisation of blood collection, fractionation and therapeutic use;
Taking note of the fact that the risks of transmission of infectious diseases, in particular viral hepatitis, may vary from one area to another;
Recalling the recommendation of the World Health Organisation, the League of Red Cross Societies and the International Society of Blood Transfusion concerning the promotion of voluntary non-remunerated blood and plasma donations, the Agreements of the Council of Europe Nos. 26, 38 and 84 and the Protocols thereto, as well as the technical recommendations of the WHO Expert Committee on Biological Standardisation and of the Task Force of the International Society for Haemostases and Thrombosis,
Recommends the governments of member States to:
I. a. establish minimal criteria for the quality, packaging, labelling and control of blood products for the treatment of haemophiliacs;
b. ensure that the available products are put to optimal use from a medical and socio-economic point of view;
c. inform all concerned in haemophilia therapy of the problems arising from the procurement and rational use of blood components concerned in order to balance the needs and resources;
d. provide, in so far as possible, a national haemophilia register.
II. Pursue the implementation of the recommendations indicated in the Appendix hereafter with a view to reaching, as far as possible, self-sufficiency of the member States and their medical professions both in respect of antihaemophilia products and blood plasma required for their preparation. CONFIDENTIAL CM/Del/Concl(80)318 - a26 - Appendix VIII Appendix to Recommendation No. R(80)5
Ethical and economical reasons as well as the medical needs require optimal use of blood and of all its components. This requirement should guide the various responsible organisations of blood collection, fractionation and therapeutic use in the choice of the methods of collection, production and treatment. It also demands a regional, national and international co-ordination policy.
This co-ordination necessitates in particular:
- the combination of whole blood donation and plasmapheresis, so as to achieve an optimal use;
- the increase of whole blood collections and the development of plasmapheresis, according to the needs for plasma derivatives as a source of Factor VIII, albumin and specific immunoglobulins;
- the optimal use of red cell concentrates, albumin and plasma protein solutions, according to the recommendations of previous reports (1);
- a limited use of fresh-frozen and freeze-dried plasma, to take into account the needs of Factor VIII, albumin and plasma protein solutions;
- the use of frozen cryoprecipitates only when other preparations of Factor VIII of controlled potency are not available with satisfactory conditions of efficiency, safety and cost.
The geographical origin and the type of donor population (remunerated or non-remunerated) of the plasma used for coagulation factor concentrates should be indicated on every vial, in view of the fact that the risks of transmission of infectious diseases, in particular viral hepatitis, may vary from one area to another and according to the conditions of recruitment of the donors. From an ethical point of view, with respect to the health of the donor and the recipient, the recommendations of WHO and of the League of Red Cross Societies concerning the promotion of voluntary non- remunerated blood and plasma donations should be followed.
The logistic system of blood collection methods and use of blood and plasma should ensure a maximum availability of Factor VIII. Therefore it is advisable:
1. to separate the plasma from the blood cell components as early and as completely as possibly;
2. to rapidly freeze the plasma and to store it at low temperature, if possible below minus 30°C.
(1) "The production and use of cellular elements in blood", Council of Europe, Strasbourg 1976, and "The indications for the use of albumin, plasma protein solutions and plasma substitutes", Council of Europe, Strasbourg 1978. CONFIDENTIAL
- a27 - CM/Del/Concl(80)318 Appendix VIII
The methods of thawing and harvesting cryoprecipitates as final product or as starting material for further purification, should yield a product containing an adequate potency of Factor VIII. Rapid thawing appears to be more efficient. The size of the pools should be determined after having considered the necessity of warranting a minimal potency, of avoiding waste by overdose and of ensuring maximal safety. As far as possible, each pool should only contain products from the same centre or area.
Quality control should take into account the recommendations of the Council of Europe, the WHO Expert Committee on Biological Standardisation and the Task Force of the International Society for Haemostasis and Thrombosis. Special efforts should be made to reduce the risk of transmission of hepatitis by controlling each batch and each unit of plasma used for the preparation of coagulation factor concentrates and by using sensitive methods (RIA or equivalent method for HBsAg, other available methods for other hepatitis viruses).
For individual and small pool (maximum 12 donors) cryoprecipitates (frozen or freeze-dried), controls of potency, solubility and stability should be frequent. It is recommended that the potency of all products in regular use should be confirmed in vivo for several batches in several patients, and for new products a more thorough investigation should be carried out including half-disappearance time.
Factor IX concentrates should moreover be specially controlled for the presence of activated coagulation factors by in vitro or in vivo tests.
Information concerning the general method of preparation, added substances, the minimum concentration of the relevant coagulation factors, solubility time of the product and the mean recovery and survival in vivo should be supplied to the user.
Within a rational blood component therapy and a balanced public health policy, the indication for the various types of concentrates might be the following:
a. The less purified Factor VIII concentrates (3-20 I.U/m1 reconstituted solution) for usual treatment of haemophilia A and von Willebrand's disease; these concentrates may be used for home therapy, on demand or in episodic or continuous prophylaxis. CONFIDENTIAL
CM/Del/Concl(80)318 - a28 - Appendix VIII
b. The more concentrated preparations of Factor VIII (more than 15 I.U/m1 solution) for major surgery and for haemophiliacs with severe inhibitors in case of serious haemorrhage, or risk of serious haemorrhage.
c. The more purified preparations of Factor VIII (more than 0.5 I.U/mg protein) in case of intolerance of less purified preparations.
More purified preparations of Factor VIII should not be used in von Willebrand's disease, unless it has been ascertained that the product is able to correct the observed abnormalities of the disease.
d. Factor IX concentrates in haemophilia B, severe constitutional deficiencies of Factors II, X (and VII, if sufficient amount of this factor is contained in the preparation).
e. Concentrates containing the four Factors II, VII, IX and X, in acquired deficiences due to severe lack of vitamin K or overdose of anti-vitamin K, if it is not possible to wait for the effect of vitamin K administration. The risk of transmission of viral hepatitis must be especially emphasised in such patients. Frozen or dried plasma can also be useful in this situation.
In acquired deficiencies due to severe hepatic failure, Factor IX concentrates are not to be advised because of the risk of thrombotic accidents. Platelet-rich plasma, fresh-frozen plasma or freeze-dried plasma are preferable in such cases.
Generally speaking, it seems desirable for each member state:
1. to establish a national inventory of the cases of haemophilia A and B;
2. to attempt to find within its own population the necessary quantities of anti-haemophilic factors, or the required quantities of plasma for their preparation;
3. to establish minimal criteria for presentation and quality;
4. to ensure for users that the available products have a fair price quality ratio, the most expensive ones being reserved for medically justified situations;
5. to give the necessary information to all concerned in haemophilia therapy, regarding the problems arising from the procurement and rational use of products; it must be realised that a balance should be achieved between the available resources and the justified needs of the haemophiliacs. CONFIDENTIAL
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APPENDIX IX (item X)
DECISION No. CM/190/300480
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: June 1981
4. Terms of reference:
To give an opinion on Articles 5 and 7 of the draft Recommendation on Artificial Insemination of Human Beings (CM(79)345, Addendum II and Appendix V to CM(80)10).
5. Other committees to be informed of terms of reference: CDCJ, CDSP CONFIDENTIAL
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APPENDIX X (item XII)
DECISION NO. CM/191/300480
Ad hoc terms of reference
1. Name of relevant committee: COMMITTEE OF EXPERTS ON BLOOD TRANSFUSION AND IMMUNOHAEMATOLOGY (SP-HM)
2. Source of terms of reference: Committee of Ministers
3. Completion date: June 1980
4. Terms of reference:
To give an opinion on the request for admission as an observer by the International Federation of Pharmaceutical Manufacturers Associations (IFPMA) to the meetings of the SP-HM, and to submit it to the Committee of Ministers through the CDSP.
5. Other committee to be informed of terms of reference: CDSP CONFIDENTIAL
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APPENDIX XI (item XIV)
RECOMMENDATION NO. R(80) 6 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES CONCERNING CANCER CONTROL
(adopted by the Committee of Ministers on 30 April 1980 at the 318th meeting of the Ministers' Deputies)
The Committee of Ministers under the terms of Article 15(b) of the Statute of the Council of Europe,
1. Considering Recommendation 836 of the Consultative Assembly on Cancer Control;
2. Sharing the concern expressed by the Assembly on the subject of the considerable number of persons falling victim to cancer each year in the member States of the Council of Europe;
3. Conscious that there is serious concern developing in public opinion about cancer;
4. Pointing out that, on the evidence before it, certain kinds of cancers can be cured provided they are diagnosed in time;
5. Convinced that the general public needs to be informed through the media and other appropriate means of existing knowledge concerning cancer;
6. Stressing the importance of developing effective means of early detection and actively involving the general public in the fight against cancer;
7. Noting firstly that in some member States cancer detection services are not sufficiently developed and secondly that health services do not always have the necessary equipment for effective and systematic detection;
8. Mindful of the fact that, even when detection equipment is available, whole sections of the population may experience difficulty in gaining access to it;
9. Considering that there should be systematic research into carcinogenic factors, both in the field of environment and in that of consumer products and industrial manufacturing, especially tobacco, in order to prevent cancers from developing; CONFIDENTIAL
CM/Del/Concl(80)318 - a34 - Appendix XI
10. Aware of the fact that, in order to be effective, cancer control must be co-ordinated and systematic at both national and international level, and that improved co-operation in cancer research is desirable and indeed essential among the Council of Europe member States,
11. Recommends that the governments of the member States of the Council of Europe: a. improve the general level of public understanding of cancer and foster the awareness of the fact that certain kinds of cancer are curable if they are detected in time; b. provide health services with the means of systematic detection, such as equipment for endoscopic and cytological examinations, and facilitate early diagnosis through a well organised primary health care system; c. develop and facilitate the early detection and prevention of cancer particularly with regard to high risk groups; d. conduct rigorous research and supervision of carcinogenic products and factors, and in particular intensify information and legislative action against cigarette smoking and excessive alcohol consumption, in the light of Assembly Recommendation 716 (1973); e. promote epidemiological research into the effects of cancerogenic chemical substances in the environment; f. do everything possible to advance cancer research, for example through the financing where necessary of national and international research centres, such as the CRIC set up by the World Health Organisation in Lyons, and facilitate co-operation between the various research centres in Europe; g. ratify international conventions which set standards for the reduction of industrial exposures, in particular Convention 139 of ILO, on prevention and control of occupational hazards caused by carcinogenic substances and agents, and establish better cancer registration which would serve for monitoring changes in cancer incidence related to occupational hazards. CONFIDENTIAL
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APPENDIX XII (item XXIII)
Specific terms of reference
1. Name of committee: COMMITTEE OF EXPERTS ON SPORTS RESEARCH (DS-SR)
2. Type of committee: Committee of Experts
3. Source of terms of reference: Committee for the Development of Sport ( CDDS)
4. Duration of terms of reference: End of 1980 (extension to be envisaged for the duration of the 2nd Medium-Term Plan)
5. Terms of reference:
i. to advise the CDDS on research problems and research information in the field of sport and the sports sciences;
ii. to coordinate scientific sports research amongst the CDDS member states;
iii. to ensure liaison between decision-makers and research workers;
iv. to carry out and evaluate European research projects;
v. to oversee, as determined by the CDDS, the work of groups of experts meeting as part of the annual programme of activities financed by the Sports Fund and dealing with matters related to its terms of reference; initially, the groups of experts on "documentation and information", "motor learning", "sport for the elderly" and "Rationalising Sports Policies".
The Committee of Experts may be assisted by a consultant.
6. Steering Committees engaged in related work: none. CONFIDENTIAL
CM/Del/Concl(80)318 - a36 - Appendix XII
7. Terms of reference based on the annual programme of activities: see annual budget-programme of the Sports Fund.
8. Terms of reference derived from a convention: none.
9. Membership of the Committee:
a. States whose governments may appoint members: all member States and States Parties to the European Cultural Convention.
b. Number of members which each government is recommended not to exceed: one.
c. Number of members per State whose expenses will be borne by the Council of Europe's Sports Fund: one.
d. Qualifications desirable in committee members: high ranking official or research scientist with responsibility for sports research policy in his country.
10. Observers: none.
11. Transitional notes: the Committee will take over and develop the activities formerly carried out by the meetings of "Directors of Sports Research Institutes" and "Heads of Relay Centres". CONFIDENTIAL
CM/Del/Concl(80)318 - a37 - Item XXIII
APPENDIX XIII (item XXIII)
MESSAGE FROM THE COMMITTEE OF MINISTERS TO THE STEERING COMMITTEE FOR SOCIAL SECURITY (CDSS)
"In discussing the report of the 3rd meeting of the Committee for the Development of Sport, the Committee of Ministers was apprised of the concern of the CDDS that the draft recommendation on social security for sportsmen prepared by it with the help of several social security experts and in consultation with the CDSS, had not yet been approved by the CDSS. The Committee of Ministers requests that CDDS to report as soon as possible." CONFIDENTIAL
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APPENDIX XIV (item XXVII)
DECISION No. CM/192/300480
Ad hoc terms of reference
1. Name of relevant committee: INTERIM COMMITTEE FOR CO-OPERATION WITHIN THE FRAMEWORK OF THE CONVENTION ON THE CONSERVATION OF EUROPEAN WILDLIFE AND NATURAL HABITATS (T-VS)
2. Source of terms of reference: Committee of Ministers
3. Completion date: 1980
4. Terms of reference:
Give an opinion on paragraph 9.d.iii of Recommendation 888 on the 3rd European Ministerial Conference on the Environment (Bern, 19-21 September 1979).
5. Other committee(s) to be informed of terms of reference: