COUNCIL CONSEIL
OF EUROPE DE L'EUROPE
COMMITTEE OF MINISTERS
CONFIDENTIAL
CM/Del/Concl(82)344
CONCLUSIONS
OF THE 344th MEETING
OF THE MINISTERS' DEPUTIES
HELD IN STRASBOURG
ON 15 AND 16 MARCH 1982
STRASBOURG
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SUMMARY
Page
1. Adoption of the agenda 5
Political and general policy questions
2. 5th Parliamentary and Scientific Conference "Technology and Democracy" (Helsinki, 3-5 June 1981) - Assembly Recommendation 932 and Order No. 404 7
3. Innovation, competivity and political decision-making (Economic and social effects of advanced technologies) - Assembly Recommendation 933 13
4. European Secretariat of the Liberal, Independent and Social Professions (SEPLIS) - Granting of consultative status 15
Legal questions
5. Problems arising out of the use of live animals for experimental or industrial purposes - Written Question No. 246 by Mr. de Poi 17
6. Declaration on the police - Assembly Recommendation 858 and Resolution 690 19
Economic and social questions
7. European Health Committee (CDSP) - Report of the 10th meeting (Strasbourg, 24-27 November 1981) 23
8. Steering Committee for Social Security (CDSS) - Report of the 15th meeting (Strasbourg, 24-27 November 1981) 25
9. Steering Committee on Intra-European Migration (CDMG) - 5th meeting report (Strasbourg, 8-11 December 1981) 27
10. European Population Conference (1982) - Invitation of Finland, Yugoslavia and the Holy See 29 CM/Del/Concl(82)344 - ii -
Page
11. Public Health Committee (Partial Agreement) (CD-P-SP)
a. Report of the 10th meeting (The Hague, 13-15 October, 1981) 31
b. Report of the 11th meeting (Strasbourg, 26 November 1981) 33
12. Situation of migrant workers in the host countries - Assembly Recommendation 915 35
13. 7th Seminar on international voluntary service - Assembly Recommendation 894 39
Education, Culture and Sport
14. The Cinema and the State - Assembly Recommendation 862 43
15. Music education for all - Assembly Recommendation 929 45
16. Book pricing - Assembly Recommendation 930 47
17. Ad hoc Committee of Experts on Earthquake Research (CAHRT) Report of the 2nd meeting (Strasbourg, 9-11 December 1981) 49
Environment and Local Authorities
18. Steering Committee for Regional and Municipal Matters (CDRM) 10th meeting (Strasbourg, 25-27 November 1981) 51
19. Interim Committee for Co-operation within the framework of the Convention on the Conservation of European Wildlife and Natural Habitats (T-VS) - Report of the fourth meeting (Strasbourg, 24-25 November 1981) 55
Press and Information
20. "Forum" - Portuguese edition of a supplement 57
21. Other business
a. Seminar on the improvement and integration of contemporary architecture in historic settings (Bristol, 19-21 March 1982) 59 - iii - CM/Del/Concl(82)344
Page
APPENDIX I: Draft Agenda of the 334th meeting of the Ministers' Deputies (B level) al
APPENDIX II: DECISION NO. CM/265/160382 (CC-PU) a5 (item 3)
APPENDIX III: DECISION NO. CM/266/160382 (CDCC) a7 (item 3)
APPENDIX IV: RECOMMENDATION NO. R(82)4 (item 7) of the Committee of Ministers to member States on the prevention of alcohol related problems especially among young people a9
APPENDIX V: RECOMMENDATION NO. R(82)5 (item 7) of the Committee of Ministers to member States concerning the prevention of drug dependence and the special role of education for health a17
APPENDIX VI: RECOMMENDATION NO. R(82)6 (item 7) of the Committee of Ministers to member States concerning the treatment and resocialistation of drug dependants a23
APPENDIX VII: RECOMMENDATION NO. R(82)7 (item 7) of the Committee of Ministers to member States concerning the aid to be given to small-sized countries for basic and post-graduate training for health personnel a27
APPENDIX VIII: RESOLUTION CSS (82) 1 (item 8) on the application of the European Code of Social Security and the Protocol thereto by Belgium a29
APPENDIX IX: RESOLUTION CSS (82) 2 (item 8) on the application of the European Code of Social Security and the Protocol thereto by the Federal Republic of Germany a31
APPENDIX X: RESOLUTION CSS (82) 3 (item 8) on the application of the European Code of Social Security and the Protocol thereto by Luxembourg a33
APPENDIX XI: RESOLUTION CSS (82) 4 (item 8) on the application of the European Code of Social Security and the Protocol thereto by The Netherlands a35
APPENDIX XII: RESOLUTION CSS (82) 5 (item 8) on the application of the Europen Code of Social Security and the Protocol thereto by Norway a37 CM/Del/Concl(82)344 - iv -
APPENDIX XIII: RESOLUTION CSS (82) 6 (item 8) on the application of the European Code of Social Security and the Protocol thereto by Sweden a39
APPENDIX XIV: RESOLUTION CSS (82) 7 (item 8) on the application of the European Code of Social Security by Denmark a41
APPENDIX XV: RESOLUTION CSS (82) 8 (item 8) on the application of the European Code of Social Security by Ireland a45
APPENDIX XVI: RESOLUTION CSS (82) 9 (item 8) on the application of the European Code of Social Security by Switzerland a47
APPENDIX XVII: RESOLUTION CSS (82) 10 (item 8) on the application of the European Code of Social Security by the United Kingdom a51 CONFIDENTIAL
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The 344th meeting of the Deputies was opened on Monday, 15 March 1982, at 3 pm, under the Chairmanship of Mr. D. Bukowski, Deputy for the Minister for Foreign Affairs of Austria.
PRESENT
AUSTRIA Mr. D. Bukowski, Vice-Chairman Mr. U. Hack
BELGIUM Mr. P. Duqué
CYPRUS Mr. C. Papademas Mr. N. Yiannakis
DENMARK Mr. B. Christensen
FRANCE Mr. R. Schublin
FEDERAL REPUBLIC OF GERMANY Mr. K.A. Hampe Mr. C. Kollibay
GREECE Mr. D. Constantinou Mr. A. Mallias
ICELAND -
IRELAND Mr. M. Flynn
ITALY Miss M. Costa
LIECHTENSTEIN Mr. R. Marxer
LUXEMBOURG Mr. J. Hostert CONFIDENTIAL
CM/Del/Concl(82)344 - 2 -
MALTA -
NETHERLANDS Mr. D.T. Schuurman Volker Mr. R. van Rijssen
NORWAY Mr. E. Bjørnebye
PORTUGAL Mr. J. da Rocha Paris
SPAIN Mr. J.A. Yáñez-Barnuevo Mr. J.P. García-Trelles
SWEDEN Mr. S.O. Petersson
SWITZERLAND Mr. A. Wacker Mrs. I. Apelbaum
TURKEY Mr. S. Umar Mrs. R. Aygen
UNITED KINGDOM Miss A. Stoddart Miss S. Ross CONFIDENTIAL
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At the opening of the meeting, the Chairman welcomed Mr Kollibay, Deputy to the Permanent Representative of the Federal Republic of Germany, and wished him a fruitful stay in Strasbourg.
At the end of the meeting, the last one at B-level chaired by Ambassador Bukowski, Mr Yáñez-Barnuevo paid tribute, on behalf of all his B-level colleagues, to the commitment of the Chairman personally, and of the country he represented, to upholding the values the Council of Europe stood for. He thanked him for conducting the Committee's work with boundless courtesy and patience, but also with determination and thoroughness, and wished him similar success in his A-level chairmanship.
The Deputy Secretary General likewise paid tribute to Mr Bukowski's effectiveness as Chairman. The Secretariat embarked with confidence on the period ushered in by his A-level chairmanship, in the conviction that it would be as calm, effective and dedicated to the Council of Europe's interests as the period now drawing to a close. He thanked him for his unfailing courtesy towards, and confidence in, the Secretariat.
Ambassador Bukowski said he was extremely moved by the kind words just expressed. The Committee's success was due to the combined efforts of all concerned: firstly all the Committee's members, who had always collaborated constructively and avoided needless wrangles, and the Secretariat too, on whose assistance he had always been able to rely. He was grateful to both for making his term as Chairman such a pleasant one.
CONFIDENTIAL
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1. ADOPTION OF THE AGENDA
The Representative of Switzerland proposed that item 15 of the agenda (Music education for all - Assembly Recommendation 929) be postponed to the following week and be discussed at A level in conjunction with item 22d (European Music Year - 1985) of the draft agenda for the 345th meeting.
Decision
The Deputies adopted the Agenda for their 344th meeting (March 1982 - B level) as it appears at Appendix I to these Conclusions, subject to the postponement of item 15 to their 345th meeting (March 1982 - A level).
CONFIDENTIAL
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2. 5TH PARLIAMENTARY AND SCIENTIFIC CONFERENCE "TECHNOLOGY AND DEMOCRACY" (Helsinki, 3-5 June 1981) Assembly Recommendation 932 and Order No. 404 (Concl(82)343/5a)
In his capacity as Chairman of the Council of Europe Liaison Committee with OECD, the Representative of Switzerland made the following statement:
"The last paragraph of Recommendation 932 refers to the 'Committees for liaison between the Council of Europe and OECD'. These two Committees owe their existence to the 1962 Arrangement between the Council of Europe and OECD. The Paris Committee consists of the Permanent Representatives of Austria, Canada, Denmark, France and Portugal, the Strasbourg Committee of my colleagues from Belgium, Greece, Italy and Norway and myself. The Austrian Ambassador, Mr. Jankowitsch and I are the Chairmen. Under the 1962 Arrangement, representatives of the Consultative Assembly are also included on our side.
Again in accordance with this Arrangement, the two Liaison Committees should hold joint meetings at regular intervals and report to the Committee of Ministers and the OECD Council respectively. Special joint meetings with experts and members of the OECD Committee can also be held, particularly in the field of agriculture.
Although special joint meetings on agriculture are held fairly regularly, the last ordinary joint meeting was arranged fifteen years ago; this means that, shortly after the establishment of these Committees, it was thought unnecessary that they should actually meet. It must also be said, in my view, that contacts between the two Secretariats are working satisfactorily.
In the light of the Committee of Ministers' decision, at the Deputies' 343rd meeting, to consider Recommendation 932 at the present 344th meeting, I have taken a number of initiatives, on which I would like to report to you today. CONFIDENTIAL
CM/Del/Concl(82)344 - 8 - Item 2
First of all, I spoke to several officials from our Secretariat who are responsible, in one way or another, for the field covered by Recommendation 932.
On the basis of the information which they gave me, I then contacted my fellow-Chairman, the Austrian Representative to OECD. We agreed on certain steps to be taken, which I shall describe in a few moments.
I went on to invite my colleagues from Belgium, Greece, Italy and Norway to hold a first discussion on Recommendation 932.
Finally, I held an exchange of views with Mr. Goormaghtigh, Secretary-General of the European Science Foundation.
To understand Recommendation 932 properly, one should read the following documents: the Hanin report, Assembly Document No. 4830, the official record of the Assembly Session on 25 January 1982 and, in particular, the very extensive documentation relating to the 5th Parliamentary and Scientific Conference, held in Helsinki in June 1981 on 'Technology and Democracy'.
The Conference, which I attended in my capacity as Chairman of the Deputies, was a very high level affair. On the basis of information supplied by scientists and researchers on technological innovation, politicians and scientists together considered the influence of technological change on the workings of democracy and how Europe could meet this future challenge.
A first analysis of Recommendation 932 - also taking account of Order No. 404 and Recommendations Nos. 933 and 934 - shows that the Helsinki Conference was to lead on to further activities:
- by the Assembly itself, - by research workers, - and by our governments, either singly or together.
The future activities of the Assembly are not our concern; it has mapped out its own programme in Order No. 404. CONFIDENTIAL
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For its part, the European Science Foundation examined Recommendation 932, and particularly paragraph 6, when it received the text from the Assembly. For the time being, it has concluded that the establishment of an 'advisory body of scientists and political decision-makers' is unnecessary, since its own structures serve this purpose. It will tell the Assembly this in the near future. The problem of the 'centres of excellence' referred to in the Recommendation is one which was raised some time ago by the Commission of the European Communities and which is being studied both within the Communities and by the European Science Foundation. In any case, the problem of increasingly close co-operation between existing European research centres is one of the Foundation's first priorities.
My talks with the Secretary General of the European Science Foundation have given me the impression that the Foundation is entirely willing to engage in closer co-operation with the Council of Europe, and specificially with either the Assembly or the Committee of Ministers. This is certainly a possibility which we should exploit more fully in future.
When we move on to the practical phase, this information from the Foundation will be of great assistance in planning governmental and, above all, intergovernmental activities.
I myself have no doubt that our governments should seize the opportunity offered by Recommendation 932 to consider the following questions:
1. Which of the suggestions made at the Helsinki Conference and in Recommendation 932 have already been the subject of intergovernmental activity within the Council of Europe, within OECD or within other European intergovernmental organisations?
2. Which of the other suggestions merit and require intergovernmental action? Within which context?
Ambassador Jankowitsch and I have concluded that, on this occasion, a joint meeting of the Liaison Committees is required. At this meeting, the Committees could discuss the questions and submit proposals to our Committee and to the OECD Council. With a view to such a joint meeting, we asked our respective Secretariats to prepare background material referring, in particular, to the first question. This we have now received. This being so, the joint meeting could be held before the summer holidays, probably in Strasbourg. The Council of Europe Liaison Committee has approved the procedure suggested by the two Co-Chairmen. CONFIDENTIAL
CM/Del/Concl(82)344 - 10 - Item 2
So much I can tell you today. In a world in which technology is advancing ever more rapidly, we, too, have a duty to avoid delay. Let us look at the timetable:
The Assembly took nearly eight months to embody the findings of the Helsinki Conference in a Recommendation. Less than two months later, our Committee is today considering this Recommendation for the first time. In six months' time, in September 1982, if the two Secretariats and the two Liaison Committees work rapidly and well, our Committee could consider Recommendation 932 for the second time, together with the Liaison Committee's suggestions on a possible programme of intergovernmental activities. Thus, if everything goes smoothly, any intergovernmental activities which were considered necessary and important could be launched early in 1983. This being so, I feel that we should send an interim reply to the Assembly. Such a reply would make it clear to the Assembly's Committee on Science and Technology and to the European Science Foundation that our Committee is losing no time in giving Recommendation 932 the serious attention which it merits.
I therefore propose that we adopt an interim reply along the following lines:
'The Committee of Ministers has taken note of Recommendation 932 and Order No. 404 on the 5th Parliamentary and Scientific Conference "Technology and Democracy", held in Helsinki in June 1981. Although it has so far been unable to examine the text of the Recommendation in detail, it wishes to inform the Assembly that a joint session of the Liaison Committees of the Council of Europe and OECD will be held in the next few months. Once it has received proposals from the Liaison Committee, the Committee will examine them in conjunction with Recommendation 932.
The Committee points out that, under the 1962 Arrangement, the Council of Europe Liaison Committee with OECD consists of five Permanent Representatives, in addition to "Representatives of the Consultative Assembly"; the Assembly will therefore be able to share in the proposed work.'"
The Representative of Spain stressed his authorities' interest in the findings of the Helsinki Conference, which provided a good illustration of the Council of Europe's usefulness. He thanked the Representative of Switzerland for the initiatives which he had taken in finding the best way to turn the findings of the Conference to advantage. He hoped that these arrangements would allow the Committee to give the Assembly a full answer in the near future. CONFIDENTIAL
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Decision
The Deputies i. adopted the following interim reply to Assembly Recommendation 932:
"The Committee of Ministers has taken note of Recommendation 932 and Order No. 404 on the 5th Parliamentary and Scientific Conference "Technology and Democracy", held in Helsinki in June 1981. Although it has so far been unable to examine the text of the Recommendation in detail, it wishes to inform the Assembly that a joint session of the Liaison Committees of the Council of Europe and OECD to examine the follow-up to be given to Recommendation 932 will be held during the coming months. Once the proposals of the Council of Europe Liaison Committee have been submitted to it, the Committee of Ministers will examine them in conjunction with Recommendation 932.
It should be noted that, under the 1962 Arrangement, the Council of Europe Liaison Committee with OECD consists of five Permanent Representatives, in addition to "Representatives of the Consultative Assembly"; the Assembly will therefore be able to share in the proposed work." ii. took note of Assembly Order No. 404 (1982).
CONFIDENTIAL
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3. INNOVATION, COMPETITIVITY AND POLITICAL DECISION-MAKING (ECONOMIC AND SOCIAL EFFECTS OF ADVANCED TECHNOLOGIES) Assembly Recommendation 933 (Concl(82)343/5a)
The Representative of Austria said that the Austrian authorities supported Assembly Recommendation 933, whose provisions were already widely applied in his country.
The Representative of Switzerland welcomed Recommendation 933 but said, with reference to paragraph 11(iv), that care should be taken to avoid any duplication of the work of OECD and the European Space Agency.
Decisions
The Deputies i. agreed to transmit Assembly Recommendation 933 to the governments of member States, drawing their attention in particular to the measures set out in paragraph 11 of the text; ii. adopted Decisions Nos. CM/265/160382 and CM/266/160382 assigning ad hoc terms of reference to the Standing Conference on University Problems (CC-PU) and to the Council for Cultural Co-operation (CDCC), as they appear at Appendices II and III to these Conclusions; iii. adopted the following interim reply to Assembly Recommendation 933:
"The Committee of Ministers has examined Assembly Recommendation 933 on Innovation, competitivity and political decision-making (economic and social effects of advanced technologies). It agreed to transmit it to governments of member States, drawing their attention in particular to the measures set out in paragraph 11 of the text. Furthermore it decided to send it for an opinion to the Standing Conference on University Problems (CC-PU) and to the Council for Cultural Co-operation (CDCC).
The Committee of Ministers will inform the Assembly of the opinion of these two committees in due course."
CONFIDENTIAL
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4. EUROPEAN SECRETARIAT OF THE LIBERAL, INDEPENDENT AND SOCIAL PROFESSIONS (SEPLIS) Granting of consultative status (CM(82)32)
The Representative of the United Kingdom said that her authorities were somewhat hesitant about granting consultative status to the European Secretariat of the Liberal, Independent and Social Professions (SEPLIS), in view of the fact that the organisation in question was not particularly representative of liberal professions on a European scale.
By way of example, she mentioned certain British organisations representing liberal professions - such as the medical profession, chartered accountants, physiotherapists and, perhaps, engineers - which were not represented on SEPLIS.
The Representative of Sweden supported the point of view expressed by his British colleague, adding that, as a representative body, SEPLIS was restricted exclusively to European Community countries.
The Representative of France said that his authorities were in favour of granting SEPLIS consultative status.
The Head of the NGO Section of the Directorate of Political Affairs listed the reasons why the Secretary General had thought it appropriate to recommend to the Committee of Ministers and to the Assembly that consultative status be granted to SEPLIS. He added that the personal contacts established with certain office-bearers of the Organisation following its application for the consultative status had made a generally favourable impression, thereby confirming the Secretary General's opinion that SEPLIS might make a useful contribution to the Council of Europe's work. Finally, the mere fact of having branches exclusively in member States of the European Communities should not mean that an NGO applying for consultative status was disqualified on grounds of being insufficiently representative at European level. Consultative status had in fact already been granted to other NGOs whose sphere of action was limited to European Community countries.
An indicative vote on the granting of consultative status to SEPLIS gave the following result: 8 for, 2 against, 9 abstentions.
The Representative of Turkey suggested that, in view of the number of abstentions in the ballot just held, the examination of this item should be deferred to a later date; this would enable any Representative who so desired, and SEPLIS itself, to provide additional material in support of the application.
Decision
The Deputies agreed to resume consideration of this item at a forthcoming meeting.
CONFIDENTIAL
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5. PROBLEMS ARISING OUT OF THE USE OF LIVE ANIMALS FOR EXPERIMENTAL OR INDUSTRIAL PURPOSES Written Question No. 246 by Mr. de Poi (CM(81)301 and CM(82)27)
Decision
The Deputies adopted the following reply to Written Question No. 246 by Mr de Poi:
"1. The Committee of Ministers has examined Written Question No. 246 by Mr de Poi on the problems arising out of the use of live animals for experimental or industrial purposes and wishes to reply to it as follows:
2. It is noteworthy, firstly, that, except in paragraph 10 (c) (v), Assembly Recommendation 621 (1971) does not recommend the Committee of Ministers to adopt any specific rules and, secondly, that the Recommendation is necessarily based on scientific data belonging to the period of its adoption twelve years ago whereas the sector concerned is characterised by very rapid change.
3. The preparation of the Convention on the protection of vertebrate animals used for experimental or other scientific purposes is continuing satisfactorily in the ad hoc Committee of Experts for the Protection of Animals. There is reason to hope that it will be completed in the course of 1982.
4. The work has now reached a stage which justified the Committee of Ministers authorising an exchange of views to be held between members of the ad hoc committee of experts which it appointed to prepare the draft convention and members of the Assembly Committee on Science and Technology; according to information received, that exchange of views, held on 12 January 1982, fully attained its purpose, which was to enable the members of the Assembly committee to make known their concerns and, where appropriate, their wishes, and to afford the members of the committee of experts an opportunity to give all necessary information and explanations on the committee's proceedings and to take note of the views of the members of the Assembly present. The Committee of Ministers welcomes the fact that the occasion permitted a fruitful dialogue between the two bodies concerning the draft convention.
5. The Committee of Ministers is convinced that the members of the ad hoc Committee of Experts for the Protection of Animals have been given an up-to-date account of the Assembly viewpoint in the matter of the protection of animals."
CONFIDENTIAL
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6. DECLARATION ON THE POLICE Assembly Recommendation 858 and Resolution 690 (Concl(82)342/13, CM(82)29)
The Representative of Sweden indicated the Swedish authorities' interest in the Declaration on the Police adopted by the Assembly. Although he could accept the draft reply to Recommendation 858 proposed by the Secretariat in CM(82)29, he nevertheless thought that Parts A and B of the Declaration could equally well have been included in a draft Recommendation of the Committee of Ministers to member States. While the Council of Europe was not the most appropriate forum in which to examine the questions raised in Part C of the Declaration, it was also true that no international organisation was dealing with them at that time. The status and role of the police in time of war were not clearly defined anywhere, which was why Sweden would like to see an international organisation tackle those matters. The Council of Europe could, for instance, convene a committee of experts for an exchange of views and then refer the matter to the United Nations or the International Red Cross.
The Director of Legal Affairs said that on the whole the opinions given by the relevant committees, in particular the European Committee on Crime Problems (CDPC), were not very positive regarding Parts A and B of the Declaration and totally negative regarding Part C. Before a Recommendation of the Committee of Ministers to member States was drafted, as the Secretariat was still prepared to do, it would therefore be desirable to know whether the exercise was likely to be successful.
The Secretary to the Committee drew attention to the wording of Recommendation 858, which merely recommended that the Committee of Ministers invite the governments of the member States to give their full support to the Declaration adopted by the Assembly itself (Resolution 690).
The Representative of Switzerland said she could accept the draft reply proposed by the Secretariat, the more so as its wording was somewhat more positive than the opinion of the CDPC. However, the proposal to forward the Declaration to the governments of the member States and the suggested procedure for doing so gave cause for hesitation. CONFIDENTIAL
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The Representative of Spain said that his delegation had already criticised the procedure followed by the Assembly in adoption of the Declaration on the Police. The Assembly had merely forwarded a text formulated by itself to the Committee of Ministers. The text had then given rise to objections from the relevant committees. The prior dialogue between institutions, which could have made the text much more solid, has thus been entirely lacking.
The Spanish Government had nevertheless reacted positively to the Declaration. Firstly, the text of the Declaration and the report relating to it had been published in Spanish and distributed to all those concerned. Then the Government had adopted principles based in part on the Assembly's text.
The Representative of Belgium wondered whether it was desirable that the Committee of Ministers should reply to the Assembly by commenting on its Declaration on the Police article by article as suggested. He noted that the Assembly not only did not ask for the Committee's opinion but also explicitly rejected the Committee's intervention in a text it intended to issue on its own sole responsibility (cf. Report on the Declaration on the Police, Doc. 4212 of 15 January 1979, p. 8 and 9). He also observed that the Declaration, "adopted" by the Assembly, was in fact an amalgam of highly controversial texts submitted by non-governmental organisations which had neither the same aims, nor the same interests, nor the same conceptions and which could therefore not agree amongst themselves (cf. Colloquium on "the police at the service of human rights" held at the Council of Europe headquarters in Strasbourg from 17 to 19 December 1980, pp. 16-51). The organisations in questions were the European Organisation of the International Federation of Employees in Public Service (EUROFEDOP), Amnesty International, the Free International Federation of Deportees and Resistance Internees, the International Federation of Senior Police Officers (IFSPO) and the International Union of Police Federations (UISP). The Declaration, whose preparation was relatively animated in view of the disagreement among those organisations, therefore seemed unbalanced, incomplete and in many respects inferior to the "Code of conduct for law enforcement officials" adopted on 17 December 1979 by the General Assembly of the United Nations. The opinion, voiced at the above-mentioned colloquium, that at the very most the Declaration in question offered a number of starting points for further consideration of the subject was in agreement with the stern opinion of the CDPC, whose competence could hardly be questioned.
That being so, was it not paradoxical for an unduly reasoned reply to involve the Committee of Ministers in dialogue with, when all was said and done, non-governmental organisations? Could the Committee not confine itself instead to noting, with all courtesy, Resolution 690 and its Appendix and emphasising its entire agreement with the Assembly that, in a democratic society concerned to protect and safeguard fundamental human rights, it was indeed necessary to apply exceptionally high ethical standards to the police? CONFIDENTIAL
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With regard to the wish expressed by the Assembly in Recommendation 858, that "the Committee of Ministers invite the governments of the member States to give their full support to the Declaration and to the action envisaged in the Resolution", could the Committee not adduce instances of intergovernmental co-operation which in fact converged with the Assembly's preoccupations regarding the police, preoccupations whose importance and present relevance were universally acknowledged?
In conclusion, the Representative of Belgium thought it indavisable to engage in legal controversy with the Assembly or certain non-governmental organisations over a manifestly obsolete text. It was, moreover, decidedly injudicious to forward to the governments of the member States a Declaration to which the Parliamentary Assembly had already given "maximum publicity" through its Committee on Parliamentary and Public Relations (cf. Resolution 690, paragraph 9), especially if the Declaration forwarded had to be accompanied - as seemed inevitable - by observations to which the Assembly would certainly not wish to give similar "maximum publicity".
The Representative of the United Kingdom was able to accept both the draft reply and the procedure proposed by the Secretariat. The foregoing remarks had highlighted the need for an explicit, precise statement of the Committee of Ministers' views regarding the content of the Declaration.
The Director of Legal Affairs said the Declaration was, in reality, the outcome of efforts by a number of non-governmental organisations. Be that as it may, the Committee of Ministers was now dealing with a text formally originating with the Assembly and the question was how to word the reply. Perhaps criticism should be confined to the strict essentials. The CDPC had carried out a detailed analysis of Parts A and B of the Declaration. The Secretariat's draft reply included the salient substantive points while eschewing polemics or a fussy enumeration. As to Part C, the CDPC had stated it to be totally unacceptable. Furthermore, it had considered it unnecessary to take action on the text, referring, in paragraph 10 of its opinion, to work carried out in other international fora.
The Representative of Turkey said that what mattered in the field covered by the Declaration was governments' instructions to the police and the supervision of their implementation.
Decision
The Deputies agreed to resume consideration of this item at their 348th meeting (June 1982 - B level).
CONFIDENTIAL
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7. EUROPEAN HEALTH COMMITTEE (CDSP) Report of the 10th meeting (Strasbourg, 24-27 November 1981) (CM(82)18 and Corr. and Add. I-III)
Decisions
The Deputies i. adopted Recommendation No. R(82)4 on the prevention of alcohol-related problems especially among young people, as it appears at Appendix IV to these Conclusions, and authorised the declassification of the report on "patterns of alcohol consumption of young people and the prevention of alcohol-related problems" (CDSP(81)13 and Addendum), with a view to it being circulated under the authors' sole responsibility; ii. took note of the final activity report on alcohol drinking patterns of young people (see CM(82)18, Addendum II); iii. adopted Recommendation No. R(82)5 on the prevention of drug dependence and the special role of education for health, as it appears at Appendix V to these Conclusions, and authorised the publication of the report on the "the prevention of drug dependence" (CDSP(81)15); iv. took note of the final activity report on the prevention of drug dependence (see Addendum III to CM(82)18); v. adopted Recommendation No. R(82)6 on the treatment and resocialisation of drug dependants, as it appears at Appendix VI to these Conclusions, and noted that the CDSP had executed Decision No. CM/220/110281 assigning ad hoc terms of reference to it for the revision of the draft Recommendation; vi. adopted Recommendation No. R(82)7 on the aid to be given to small-sized countries for basic and post-graduate training for health personnel, as it appears at Appendix VII to these Conclusions; vii. authorised the declassification of the report on "investigation concerning the motivation of persons in respect of preventive aspects of health" (CDSP(81)5 revised) with a view to it being circulated under the authors' sole responsibility (see CM(82)18, paragraph 35); viii. took note of the final activity report on the identification and motivation of population groups disregarding preventive aspects of health (see Addendum I to CM(82)18); CONFIDENTIAL
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ix. noted that the CDSP has executed Decision No. CM/227/170381 assigning ad hoc terms of reference to it for the revision of the relevant part of the European Social Charter (see CM(82)18, paragraph 73 and Appendix VI), it being understood that the opinion of the CDSP would be transmitted to the Steering Commitee on Social Affairs (CDSO) in conformity with the ad hoc terms of reference; x. took note of the four new activities proposed to the Secretary General by the CDSP for the Programme of Intergovernmental Activities for 1983 and agreed to consider these proposals within the framework of their discussions on the Programme of Intergovernmental Activities for 1983 (see CM(82)18, paragraph 69); xi. taking into account decisions (i) - (x) above, took note of the report of the 10th meeting of the CDSP as a whole (CM(82)18 and Corrigendum and Addenda I-III). CONFIDENTIAL
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8. STEERING COMMITTEE FOR SOCIAL SECURITY (CDSS) Report of the 15th meeting (Strasbourg, 24-27 November 1981) (CM(82)13 and Add. I-III)
The Representative of the Netherlands, referring to the two versions of the text prepared by the Steering Committee for Social Security (CDSS) for insertion in the draft Recommendation on protection of workers against unemployment prepared by the Steering Committee for Social Affairs (CDSO) (cf. Addendum II to CM(82)13, Appendix II), thought it would be preferable to forward them to the CDSO first and then to determine, in the light of the CDSO's opinion, which of the two versions should be inserted in the draft Recommendation.
The Representative of Sweden supported this proposal.
The Representative of Austria, wishing to see the work on protection against unemployment brought to a speedy conclusion, thought an indicative vote on the two versions ought to be taken and the CDSO informed of the result.
The Director of Economic and Social Affairs explained that the provisions contained in the two versions prepared by the CDSS were concerned exclusively with the social security field. He therefore thought the CDSO could hardly be authorised to choose one or other version. He was of the opinion that the CDSO would refuse to choose between the two versions and that the final choice would rest with the Committee of Ministers anyway.
In reply to a question by the Representative of the Netherlands on the urgency of a decision on this matter, the Director of Economic and Social Affairs said that adoption of the draft Recommendation was on the agenda of the 11th meeting of the CDSO, held during that same week.
The Representatives of Austria, Portugal and France also thought the Deputies should decide on the matter at the present meeting.
The Representative of Switzerland said that the Swiss authorities were in favour of adopting the detailed version of the text to be inserted in the CDSO's draft Recommendation as they considered that that version constituted a step forward in relation to the provisions of Part IV of the European Code of Social Security as amended by the Protocol. CONFIDENTIAL
CM/Del/Concl(82)344 - 26 - Item 8
An indicative vote on which of the two versions of the text, as they appear in Addendum II to CM(82)13, Appendix II, should be inserted in the CDSO's draft Recommendation gave the following result:
7 votes in favour of the detailed version; 9 votes in favour of the short version.
The Representative of the Federal Republic of Germany, referring to decision (iv) below, said that the additional cost incurred by holding the 24th meeting of the Committee of Experts for the Application of the European Convention on Social Security (SS-AC) in Berlin rather than Strasbourg would be borne by the Parliament of the Federal Republic of Germany.
Decisions
The Deputies
i. adopted, under Article 75 of the European Code of Social Security, Resolutions CSS(82)1-10 on the application of the European Code of Social Security and the Protocol thereto by Belgium, the Federal Republic of Germany, Luxembourg, The Netherlands, Norway and Sweden and on the application of the European Code of Social Security by Denmark, Ireland, Switzerland and the United Kingdom, as they appear at Appendices VIII to XVII to these Conclusions;
ii. took note of the CDSS' opinion on the payment of family benefits to migrant workers' families residing in the country of origin (cf. Decision No. CM/122/140379), (cf. paragraphs 136-141 of CM(82)13 and paragraphs 12-20 of Addendum I) and instructed the Secretariat to transmit this opinion to the Steering Committee on Intra-European Migration (CDMG);
iii. took note of the final activity report on protection of workers against unemployment (former Activity 4.12.1, new Activity 5.1.1) (cf. paragraph 145 of and Addendum II to CM(82)13) and instructed the Secretariat to bring it to the attention of the Steering Committee for Social Affairs (CDSO) indicating that the second version mentioned in Addendum II to CM(82)13 should be inserted in the draft Recommendation which is being propared by the CDSO;
iv. took note of the invitation made by the expert of the Federal Republic of Germany to hold the 24th meeting of the Committee of Experts for the application of the European Convention on Social Security (SS-AC) in Berlin from 25-28 May 1982 and authorised the holding of the meeting in Berlin (cf. paragraph 148 of CM(82)13), it being understood that the additional costs to be incurred would be borne by the German authorities;
v. taking into account decisions (i)-(iv) above took note of the report of the 15th meeting of the CDSS as a whole (CM(82)13, Addenda I-III). CONFIDENTIAL
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9. STEERING COMMITTEE ON INTRA-EUROPEAN MIGRATION (CDMG) 5th meeting report (Strasbourg, 8-11 December 1981) (CM(82)17 and Add.)
Decisions
The Deputies i. noted that the Steering Committee on Intra-European Migration (CDMG) has executed Decision No. CM/232/300481 assigning ad hoc terms of reference to it to give an opinion on Assembly Recommendation 915 on the situation of migrant workers in host countries (Addendum to CM(81)17, Appendix IV) and agreed to examine the CDMG's opinion under item 12 of the agenda of the present meeting; ii. took note of the opinion given by the CDMG on the Conclusions of the Conference on Intolerance in Europe (CM(81)48), noted that the CDMG has executed Decision No. CM/250/250981 (Addendum to CM(82)17, Appendix V), agreed to ask the Chairmen of the Steering Committee for Human Rights (CDDH), of the Steering Committee for Regional and Municipal Matters (CDRM) and of the CDMG to maintain contacts to ensure co-operation as regards the question of political and civil rights of aliens and instructed the Secretariat to monitor developments on this question; iii. approved the canditure of France as host country and Cyprus, Greece, Portugal and Turkey as beneficiary countries for the 1983 Programme of Student Instructors (CM(82)17, paragraph 52); iv. taking into account decisions (i)-(iii) above, took note of the report of the 5th meeting of the CDMG as a whole (CM(82)17 and Addendum).
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10. EUROPEAN POPULATION CONFERENCE (1982) Invitation of Finland, Yugoslavia and the Holy See (CM(82)19)
Decision
The Deputies authorised the Secretary General to invite Finland, Yugoslavia and the Holy See to participate, as observers, in the European Population Conference to be held in Strasbourg on 21-24 September 1982.
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11. PUBLIC HEALTH COMMITTEE (PARTIAL AGREEMENT) (CD-P-SP) a. Report of the 10th meeting (The Hague, 13-15 October 1981) (CD-P-SP(81)34)
The Representative of Austria, referring to the report (CD-P-SP(81)34) of the 10th Session of the Public Health Committee (Partial Agreement) (CD-P-SP), asked the Secretariat to ensure henceforth that all items submitted for decision to the Representatives on the Committee of Ministers of the States Parties to the Partial Agreement in the social and public health field should be enumerated separately.
The Deputy Director of Economic and Social Affairs undertook to see that this would be done.
Decisions
The Representatives on the Committee of Ministers of the seven States Parties to the Partial Agreement (1) and the Representatives of Austria, Denmark, Ireland and Switzerland
i. took note of the collective report on insurance schemes relating to clinical trials as set out in Appendix D to report CD-P-SP(82)34;
ii. authorised the Secretary General to bring this collective report to the attention of the Committee of Experts on Legal Problems in the Medical Field (CJ-ME), in response to the recommendation expressed by the CD-P-SP under item 12.1, concl. 2 of report CD-P-SP(81)34;
iii. noted that the Secretary General would bring the relevant observations of the CD-P-SP to the notice of the ad hoc Committee of Experts for the Protection of Animals (CAHPA) in order to ensure, as in the past, appropriate co-ordination in the preparation of the draft European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes (item 5.1.1 of report CD-P-SP(81)34);
iv. taking into account decisions (i) to (iii) above, took note of the report of the 10th Session of the CD-P-SP as a whole (CD-P-SP(81)34) and the timetable of forthcoming meetings as set out on page 25 of that report.
(1) Belgium, France, Federal Republic of Germany, Italy, Luxembourg, The Netherlands and United Kingdom.
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b. Report of the 11th meeting (Strasbourg, 26 November 1981) (CD-P-SP(81)45)
Decisions
The Representatives on the Committee of Ministers to the 15 States Parties to the Convention on the Elaboration of a European Pharmacopoeia (1)
i. noted that the Secretary General would bring the relevant observations of the CD-P-SP and the European Pharmacopoeia Commission to the notice of the ad hoc Committee of Experts for the Protection of Animals (CAHPA) in order to ensure, as in the past, appropriate co-ordination in the preparation of the draft European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes (item 5.1.1 of report CD-P-SP(81)34);
ii. took note of the report of the 11th Session of the Public Health Committee (meeting for the purposes of the Convention on the Elaboration of a European Pharmacopoeia, Articles 3 and 4) as a whole (CD-P-SP(81)45).
(1) Austria, Belgium, Cyprus, Denmark, France, the Federal Republic of Germany, Iceland, Ireland, Italy, Luxembourg, The Netherlands, Norway, Sweden, Switzerland and the United Kingdom.
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12. SITUATION OF MIGRANT WORKERS IN THE HOST COUNTRIES Assembly Recommendation 915 (Concl(81)333/23 and CM(82)24)
The Representative of Portugal mentioned the fact that over the past twenty years migrant workers had made a significant contribution through their work to the economic expansion of host countries, and, supported by the Representative of Spain, proposed the inclusion of the following sentence in the preambular paragraph of the draft reply set out in CM(82)24:
"The Committee of Ministers is aware of the importance of the problems of migrant workers who have greatly contributed to the economic expansion in host countries over the past twenty years."
The Representative of Austria, referring to migrant workers receiving the same treatment as the nationals of the host country where living and working conditions were concerned (cf. paragraph 1 of the draft reply), said that this did not imply that access to the labour market would be the same.
The Representative of Portugal, referring to paragraph 3 of the draft reply, said that it would be wrong to mention the European Convention on the Legal Status of Migrant Workers as the latter had not yet entered into force.
The Representative of Spain, supported by the Representative of Portugal, proposed that the last sentence of paragraph 3 be replaced by the following:
"The Resolution supplements paragraph 6 of Article 19 of the European Social Charter."
With reference to paragraph 6, the Representative of Belgium proposed the deletion of the first sentence.
The Representative of Belgium proposed adding the following phrase at the end of paragraph 10:
"... which are likely to meet the concerns expressed by Assembly." CONFIDENTIAL
CM/Del/Concl(82)344 - 36 - Item 12
Decision
The Deputies adopted the following reply to Assembly Recommendation 915:
"Further to the interim reply to Recommendation 915, set out in the Addendum to Doc. 4708, the Committee of Ministers has examined Assembly Recommendation 915 on the situation of migrant workers in host countries. The Committee of Ministers is aware of the importance of the problems of migrant workers who have greatly contributed to economic expansion in host countries over the past twenty years. Having sought the opinions of the Steering Committee on Intra-European Migration (CDMG) and the Council for Cultural Co-operation (CDCC) it has the following comments to make on the relevant paragraphs of the Recommendation:
Paragraph 13(i)(a)-(c)
1. The Committee of Ministers shares the Assembly's view that the governments of the member States should do all in their power to ensure that migrant workers already present on their territory receive the same treatment as their own nationals where living and working conditions are concerned and to facilitate the social advancement and welfare of such workers and their families. Two draft Recommendations to the governments of member States on second generation migrants and on the maintainance of migrants' cultural links with their countries of origin will shortly be examined by the Committee of Ministers. These draft Recommendations are in line with the Assembly's preoccupations regarding residence conditions and work of migrants and, in particular, the occupational training of their children.
2. As for the acquisition by migrants of the nationality of the host country, the Committee of Ministers points out that the two draft Recommendations mentioned in the preceding paragraph also deal with this question; furthermore it refers to its reply to Recommendation 841 on second-generation migrants (cf. Addendum to Doc. 4462) where it was stated that 'with regard to the question of the acquisition of the nationality of the immigration country the Committee of Ministers has already adopted two Resolutions aiming at facilitating the acquisition by members of a family of the nationality of the State of residence subject to the condition that one of the spouses is already a national of that State (Resolutions(77)12 and 13)...' and that '... the present legal situation in most member States in fact already complies with the Assembly recommendations (ie set out in Recommendation 841). Indeed their nationality laws provide extensive facilities for the acquisition of their nationality by persons born in the country or having lived there for a period of time whether or not one or both parents already have this nationality. Some member States are in the process of revising their nationality law inter alia with a view to facilitating further the possibilities referred to by the Assembly recommendations ...'. CONFIDENTIAL
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Paragraph 13(i)(d)
3. As for the right of migrant workers to have their families join them in the host country, the Committee of Ministers has adopted Resolution(78)33 on the reunion of families in the Council of Europe member States. The Resolution supplements paragraph 6 of Article 19 of the European Social Charter.
Paragraph 13(i)(e)
4. As far as the specific problems of second generation migrants are concerned this is dealt with in the draft Recommendations mentioned under paragraph 1 above.
Paragraph 13(i)(f)
5. The Committee of Ministers refers to its Resolution(76)11 on equal treatment for national and migrant workers with regard to vocational guidance, training and retraining, which contains recommendations to governments concerning equality of treatment with regard to vocational guidance, training and vocational re-training.
6. The Council for Cultural Co-operation (CDCC) has been engaged since 1977 in a programme of intercultural training for teachers, designed to give them an awareness of the situation of migrants and its educational implications. A draft Recommendation on this subject will be examined by the Committee of Ministers when the CDCC's programme comes to an end. Furthermore, a new project on the education and cultural development of migrants was started by the CDCC in 1980. The project is scheduled to last five years, is based on an intercultural approach and falls into three sections: i. relations between the school and the migrants' families; ii. migrant culture both in and outside school; iii. adult education for migrants (including women and second-generation migrants).
7. Finally, mention should also be made of the CDCC project on cultural development policies in towns, which includes the study of the cultural identity of migrants and migrant workers carried out in five of the towns taking part in the project. CONFIDENTIAL
CM/Del/Concl(82)344 - 38 - Item 12
Paragraph 13(i)(g)
8. The Committee of Ministers refers to the reply it has given to Assembly Recommendation 931 on the ratification of the European Convention on the Legal Status of Migrant Workers (Addendum to Doc. 4827), where it is stated that 'this Convention has so far been ratified by Portugal, Spain, Sweden and Turkey and signed by Belgium, the Federal Republic of Germany, Greece, Luxembourg and The Netherlands ...' and that 'the Committee of Ministers has been informed that the Convention is being examined by Governments of member States who have not yet ratified it. It is reasonable to assume that signatory States may shortly ratify this Convention; it may thus enter into force in the near future.'
9. As for the European Social Charter, the Committee of Ministers recalls that it has been ratified by 13 States, namely Austria, Cyprus, Denmark, the Federal Republic of Germany, France, Iceland, Ireland, Italy, The Netherlands, Norway, Spain, Sweden and the United Kingdom, whereas other States are considering doing so. Furthermore the recent decision of the Committee of Ministers to ask Contracting Parties which have not accepted Article 19, paragraph 8 (Security against expulsion) to report on current law and practice in the field covered by that Article and to indicate any difficulties that prevent or delay its acceptance, may be of interest to the Assembly.
Paragraph 13(ii)
10. The Committee of Ministers agrees with the stand taken by the Assembly on the importance and priority to be given to questions relating to migrants; it has already included objectives and activities respectively in the Medium-Term Plan 1981-1986 and the Programme of Intergovernmental Activities for 1982 which are likely to meet the concerns expressed by Assembly." CONFIDENTIAL
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13. 7TH SEMINAR ON INTERNATIONAL VOLUNTARY SERVICE Assembly Recommendation 894 (Concl(82)342/24, CM(82)5 and Add. and CM(82)33)
The Representative of Austria, referring to the information concerning the Austrian volunteers set out in CM(82)5, said that he had received further information from his authorities; as far as resettlement of volunteers was concerned, there was no discrimination against former volunteers - although no preferential treatment either - in public administration as a whole (no preferential treatment for teachers). The question of voluntary service abroad being considered as equivalent to military service was a complicated one and a quick solution to it could not be achieved in the foreseeable future. Furthermore, volunteers were exempted from income tax.
The Representative of Belgium, referring to paragraph 4 of the draft reply (CM(82)33), proposed deleting the word "official" before "language".
The Representative of Italy proposed on the contrary that the word "official" be maintained, given that several languages were used officially in certain countries. She also stressed the need to make it clear in the text that "good ... fitness" referred to health.
The Chairman suggested replacing "official language of the future host country" by "appropriate linguistic knowledge".
The Representative of Belgium proposed the deletion of the word "mental" in the phrase "good physical and mental fitness".
The Chairman suggested including "good general fitness".
The Representative of Sweden said that paragraph 5 of the draft reply did not reflect the difficulties encountered in some of the member States and asked the Secretariat to revise this paragraph, bearing in mind that there existed problems concerning the resettlement of volunteers and their reintegration in their own country and that governments of member States were nevertheless endeavouring to resolve these problems. CONFIDENTIAL
CM/Del/Concl(82)344 - 40 - Item 13
Decision
The Deputies adopted the following reply to Assembly Recommendation 894:
"The Committee of Ministers has completed its examination of Assembly Recommendation 894 (1980) on the 7th Seminar on international voluntary service. As mentioned in its interim reply (Doc. 4659) this Recommendation was transmitted to the governments of the member States; furthermore, the results of the 7th Seminar were forwarded, for information, to the Standing Conference of European Ministers of Education, the European Youth Centre and the European Youth Foundation.
In the light of the information received from governments of member States the Committee of Ministers has the following comments to make on paragraph 10.c of the Recommendation:
Paragraph 10.c(i) of Recommendation 894
1. The Committee of Ministers recognises voluntary service as an important factor in endeavouring to assist the poorest people in developing countries. Whilst the organisations involved in providing such voluntary service are in most cases independent of governments, efforts are being made in member countries at governmental level to support and promote the activities of international voluntary service.
Paragraph 10.c(ii) and (iii)
2. The Committee of Ministers agrees with the Assembly that the assignment of volunteers from developing countries in other developing countries should be encouraged and that efforts should be made to improve the education, protection and reintegration of volunteers both in industrial and in developing countries.
Paragraph 10.c(iv) and (v)
3. Co-operation and co-ordination between authorities and non-governmental organisations as well as collaboration between organisations in industrial and in developing countries responsible for voluntary work, exist already. The Committee of Ministers is convinced that valid development work can be done by volunteers in helping to create relevant institutions in developing countries where they do not exist or in strengthening the organisation of such institutions to render them more effective. CONFIDENTIAL
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Paragraph 10.c(vi)
4. The Committee of Ministers wishes to point out that as far as the procedures for selection and preparation of volunteers are concerned, authorities and organisations responsible for international voluntary service apply certain criteria such as the possession of educational qualifications, appropriate linguistic knowledge, good general fitness and adequate knowledge of the problems of international educational co-operation and of development.
Paragraph 10.c(vii)
5. The Committee of Ministers is aware that there may be problems concerning the resettlement of volunteers and their reintegration in their home country. However, where such problems exist Governments of member States are actively seeking solutions to them."
The Representative of the Netherlands approved this decision ad referendum. The deadline for confirming votes cast ad ad referendum was set for the opening of the Deputies' 346th meeting (13 April 1982 at 3 pm).
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14. THE CINEMA AND THE STATE Assembly Recommendation 862 (Concl(82)343/22, CM(81)303)
The Representative of the Netherlands favoured the setting-up of an ad hoc committee of experts which would not be responsible to the Council for Cultural Co-operation (CDCC).
The Representative of the Federal Republic of Germany made the following statement:
"The German authorities have a favourable view of the opinion of the CDMM as summarised in CM(81)303, page 2, paragraphs 2-4. They think that the wide topic "Cinema and the State" can be treated adequately only by means of having experts to examine certain specific aspects of this topic. They are therefore in favour of creating an ad hoc committee of experts which should examine primarily the four points of the operative part of Recommendation 862 (which are mentioned in the opinion of the CDMM), namely: the questions of State aid, co-operation between the cinema and television, audio-visual policy as a whole and co-ordination of this policy at European level. The results of the work of this ad hoc committee could later be studied by the CDMM and the CDCC.
In case the Committee of Ministers should decide that the CDCC should carry out the task of examining Recommendation 862, the German authorities recall the two reservations the German experts have already submitted with regard to the interim opinion of the CDCC as reproduced on page 7 of CM(81)303 and which imply objections against the creation of a joint forum of national film bodies and a European film office. The German authorities think it undesirable to create new institutions and further bureaucracies in this field, with the exception of the conservation of films within the UNESCO sector."
The Representatives of Sweden, Norway and Switzerland also favoured the setting-up of an ad hoc committee. As the CDCC's opinion had shown, the latter could not take action in this field until 1983 or 1984. The results of the ad hoc committee's work could always be passed on to the CDCC at a later stage. CONFIDENTIAL
CM/Del/Concl(82)344 - 44 - Item 14
The Representative of Italy thought that it would be better to give the CDCC terms of reference which, while making it possible to organise a meeting of cinema professionals as suggested by the CDCC in its opinion, would be more satisfactory from a budgetary point of view.
The Representatives of Austria and the Federal Republic of Germany thought it better to send the Recommendation to the CDCC, since this issue fell very clearly within the scope of the CDCC's project on the culture industries.
Enquiry showed that 11 delegations favoured sending the Recommendation to the CDCC for action, while 5 favoured the setting-up of an ad hoc committee.
The Chairman noted that a large majority of the Committee felt that action should be taken on Assembly Recommendation 862. Of the 16 delegations which had expressed their views, 11 had considered that the CDCC should be asked to submit, as part of its programme, proposals for practical action involving cinema professionals and government experts. He proposed that the Secretariat be instructed to inform the CDCC of the position which the Committee of Ministers had just adopted on Recommendation 862, asking it to take a decision at its meeting in June 1982. In the light of the CDCC's reaction, the Committee of Ministers would then decide, at one of its meetings in autumn 1982, on the terms of reference to be given to the CDCC in this area.
Decision
The Deputies decided to resume consideration of this item at a later meeting. CONFIDENTIAL
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15. MUSIC EDUCATION FOR ALL Assembly Recommendation 929 (Concl(81)338/5a, CM(82)35)
Decision
The Deputies agreed to postpone consideration of this item until their 345th meeting (March 1982 - A level) (see item 1 above).
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16. BOOK PRICING Assembly Recommendation 930 (Concl(81)338/5a, CM(82)30)
The Representative of the Netherlands supported Recommendation 930 but had reservations about the use of the term "monopolies" in paragraph 9. There were differences between the Netherlands Government and the Commission of the European Communities about the interpretation of that term.
The Representative of Sweden said that a committee had been set up in his country to examine book marketing and the effects prescribing fixed book prices would have. The Swedish authorities therefore thought it would also be a good thing to carry out a study at European level.
The Representative of Austria said that in his country book prices were fixed by the publishing houses on the basis of economic criteria and regarded as binding by bookshops. The State intervened only by means of grants to the book industry.
The Representative of the Federal Republic of Germany thought the proposals in paragraph 10 of the Recommendation were of little interest to the Federal Republic of Germany as book prices were fixed and as there was no immediate danger of a monopoly being created in the field of book publishing and distribution.
The Representative of Norway said that his authorities supported paragraph 10 of the Recommendation. In his country a policy of fixed book prices had been introduced with a specific cultural aim. The system - supported and administered by the national publishers' and booksellers' associations - ensured identical book prices all over the country. The arrangement had worked very well so far and would be continued. The Norwegian authorities were in favour of a feasibility study being undertaken by the Secretariat.
The Representative of Spain thought the Recommendation ought to be passed on to the Council for Cultural Co-operation (CDCC) so that the CDCC might take it into consideration in its projects on culture industries.
The Representative of France recalled that his country had introduced a fixed-price system for books and was most firmly committed by the Act of 10 August 1981 which obliged all retailers to charge the public, subject to a margin of -5%, the retail prices fixed by the publishing houses. CONFIDENTIAL
CM/Del/Concl(82)344 - 48 - Item 16
Decisions
The Deputies i. agreed to transmit Assembly Recommendation 930 to the Council for Cultural Co-operation (CDCC) with a view to it being included in the file of the latter's project group on Cultural Industries; ii. instructed the Secretariat to undertake a feasibility study on the problems treated in Recommendation 930, the conclusions of which should be submitted to the Committee of Ministers by 1983; iii. adopted the following interim reply to Assembly Recommendation 930:
"The Committee of Ministers has examined Recommendation 930 on book pricing and has decided to transmit it for information to the Council for Cultural Co-operation (CDCC) with a view to it being included in the file of the latter's project group on Cultural Industries. Furthermore it has instructed the Secretariat to present by 1983 a feasibility study on the problems dealt with in Recommendation 930.
The Committee of Ministers will inform the Assembly of the conclusions of this study in due course." CONFIDENTIAL
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17. AD HOC COMMITTEE OF EXPERTS ON EARTHQUAKE RESEARCH (CAHRT) Report of the 2nd meeting (Strasbourg, 9-11 December 1981) (CM(82)21)
Decision
The Deputies took note of the report of the 2nd meeting of the CAHRT (CM(82)21).
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18. STEERING COMMITTEE FOR REGIONAL AND MUNICIPAL MATTERS (CDRM) 10th meeting (Strasbourg, 25-27 November 1981) (CM(82)1 and Corr.)
With regard to decision (i) below
The Representative of Switzerland provided a number of indications concerning the 5th Conference of European Ministers responsible for Local Government, to be held in Lugano from 5 to 7 October 1982.
Mr. B. Dupont, Conseiller National, President of the Municipality of Vouvry and member of the Valais Grand Conseil (and currently President of the Conference of Local and Regional Authorities of Europe) had been selected as rapporteur on theme I of the Lugano Conference, "Local autonomy: legislation, practice, prospects". The consultant who was preparing the technical report on this subject was working on the basis of the delegations' replies to a questionnaire. Since a number of countries had yet to submit their contributions, the Swiss authorities hoped that the report would be ready in time. The same problem arose with theme II, "The state of transfrontier cooperation between territorial communities authorities", on which Mr. Flavio Cotti, Conseiller d'Etat of the Canton of Ticino had been appointed rapporteur.
The Representative of Switzerland added that the 5th Conference of Ministers responsible for Local Government and the Colloquy organised to coincide with it would be chaired by Mr. Pierre Aubert, Head of the Department of Foreign Affairs and Vice-President of the Swiss Confederation for 1982.
With regard to the draft decision (viii)
The Representative of the Federal Republic of Germany said that this draft decision raised constitutional questions for his country, owing to its federal structure. Since his authorities had not as yet been able to complete all the necessary consultations, he could not say anything definite on this point at the present meeting.
The Representative of the Netherlands also said that the necessary consultations were not yet complete and that as a result he could not yet take a final stand on the matter. CONFIDENTIAL
CM/Del/Concl(82)344 - 52 - Item 18
Considering that any decision on this question was likely to create a precedent, the Representative of Spain suggested that it should be enough to take note at that stage of the CDRM's final report on this activity and to note that the terms of reference given to the CDRM for this purpose had been carried out. The taking of a decision on the proposals contained in the final report would be postponed to the next B level meeting.
The Representative of Austria supported this proposal, which would also allow the delegations to clarify their positions on this question.
The Representatives of Spain and Austria asked the Secretariat to provide, in time for the next discussion of this question, all the information required on the scope of the proposals referred to in Appendix VIII to CM(82)1, including the explanations given by the Director of Legal Affairs concerning the legal character of the model agreements.
Decisions
The Deputies
i. took note of the state of progress in the preparation of the 5th Conference of European Ministers responsible for Local Government (Lugano, 5-7 October 1982)(items 6.1, 6.2 and 6.5 of CM(82)1);
ii. took note of the fact that the Assembly of the Council of Europe and the Conference of Local and Regional Authorities of Europe (CLRAE) will take part in the 5th Conference of European Ministers responsible for Local Government (item 6.5 of CM(82)1);
iii. noted that there was general consent in the Committee of Ministers as to the advisability of inviting the governments of Finland and Yugoslavia to take part in the work of the 5th Conference of European Ministers responsible for Local Government as observers (item 6.5 of CM(82)1);
iv. noted that there was general consent in the Committee of Ministers as to the advisability of inviting the Organisation for Economic Co-operation and Development (OECD) to take part in the work of the 5th Conference of European Ministers responsible for Local Government as an observer (item 6.5 of CM(82)1);
v. took note of the Colloquy scheduled to take place on the occasion of the 5th Conference of European Ministers responsible for Local Government between the Ministers and representatives of the Assembly and the CLRAE on Theme I of the Conference ("Local autonomy: legislation, practice, prospects") (item 6.3 of CM(82)1); CONFIDENTIAL
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vi. took note of the final activity report on Activity 20.1.2: Colloquy on the reform of local and regional authorities in Europe during recent years (item 7.2 of the report and Appendix III), and authorised the Secretary General to publish the proceedings of the Colloquy; vii. took note of the periodical report on ad hoc terms of reference CM/149/140979 on the state of signatures and ratifications of the European Outline Convention on transfrontier co-operation between territorial communities or authorities (item 9.2 and Appendix VII); viii. took note of the final report of the CDRM on (i) the possibility of appending to the European Outline Convention on transfrontier co-operation between territorial communities or authorities the model agreements contained in the Appendix to Resolution 102 of the Conference of Local and Regional Authorities of Europe, and on (ii) the model agreements themselves contained in the Appendix to Resolution 102, observed that the CDRM has fulfilled the terms of reference assigned to it by Decision No. CM/118/020379, and agreed to examine the proposals contained in the final report at their 348th meeting (June 1982 - B level); ix. taking account of decisions (i) to (viii) above, took note of the report of the 10th meeting of the CDRM as a whole (CM(82)1).
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19. INTERIM COMMITTEE FOR CO-OPERATION WITHIN THE FRAMEWORK OF THE CONVENTION ON THE CONSERVATION OF EUROPEAN WILDLIFE AND NATURAL HABITATS (T-VS) Report of the fourth meeting (Strasbourg, 24-25 November 1981) (CM(82)16)
At the request of the Representative of Austria, the Secretariat representative said that the Netherlands, Liechtenstein, Switzerland, Portugal and Italy had deposited their instruments ratifying the Convention on the Conservation of European Wildlife and Natural Habitats, which would accordingly enter into force shortly, on 1 June 1982. Measures were in hand to enable the European Economic Community (EEC) to deposit its instrument of approval. At the 4th meeting of the Interim Committee (T-VS), the EEC representative, on behalf of the Commission of the European Communities, had stated that it would be preferable for the member States and the EEC to deposit simultaneously the instruments ratifying and approving the Convention. This seemingly raised an obstacle to the impending deposit of instruments of ratification by Ireland and Luxembourg, which had long been ready to take this step. The delay was all the more regrettable in that it was proposed to convene, in September 1982, the Standing Committee set up under the Convention. In paragraph 5 of the report of the Interim Committee, however, the Representatives of Italy, Denmark, the United Kingdom, the Federal Republic of Germany, France and The Netherlands had stated their disagreement with the declaration of the Commission of the European Communities.
The Representative of Turkey expressed surprise at the risk of delay, liable to recur in connection with other conventions to which the EEC might become a Contracting Party, in the implementation of a Council of Europe legal instrument.
At the request of the Representative of Sweden, the Secretariat representative explained that the Standing Committee's terms of reference sprang from the Convention itself and that it seemed unnecessary for the Committee of Ministers to draw up others. Similarly, Article 13 of the Convention defined the status of observers on the Standing Committee. CONFIDENTIAL
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The Representative of Spain, supported by the Representative of Turkey, asked the Secretariat to draw the Standing Committee's attention to the distinction requiring to be drawn, with regard to observers on the Standing Committee, between signatories to the Convention and other States or organisations. In his view, the Rules of Procedure should specify that signatories' representatives could make oral or written statements without the Chairman's permission.
At the request of the Representative of Spain, the Secretariat representative said that the European Committee for the Conservation of Nature and Natural Resources (CDSN) had not delivered an explicit opinion on the deletion from item 5 (iii) of its specific terms of reference to the words "as far as possible", but that it had always supported close collaboration with the Convention's committee.
Decisions
The Deputies
i. took note of the report of the 4th meeting of the Interim Committee for Co-operation within the framework of the Convention on the Conservation of European Wildlife and Natural Habitats (T-VS), recorded that it has executed its specific terms of reference (Decision No. CM/171/301179) and instructed the Secretariat to bring its final activity report (Appendix III to CM(82)16) to the notice of the Standing Committee of the Convention;
ii. deleted the words "as far as possible" from paragraph 5(iii) of the specific terms of reference of the European Committee for the Conservation of Nature and Natural Resources (CDSN). CONFIDENTIAL
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20. "FORUM" Portuguese edition of a supplement (Concl(82)343/26a, Part 10, CM(82)28)
The Representatives of Austria and Spain supported the proposal to publish in Portuguese the FORUM supplement on the Lisbon Art Exhibition and expressed the hope that the example would be followed for other events of that type in the future.
Decision
The Deputies agreed to the publication in Portuguese of a "Forum" supplement on the Lisbon Art Exhibition, on the understanding that the cost would be covered by the existing appropriation under Head V, "Information", of the 1982 budget.
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21. OTHER BUSINESS a. Seminar on the improvement and integration of contemporary architecture in historic settings (Bristol, 19-21 March 1982) (Concl(81)340/12, Part 1, CM(82)48)
Decision
The Deputies authorised payment of a lump sum equivalent to £1,000 sterling, to be taken from existing appropriations, to the British organisers of the Seminar on the improvement and integration of contemporary architecture in historic settings (Bristol, 19-21 March 1982).
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APPENDIX I
344TH MEETING OF THE MINISTERS' DEPUTIES (B level) (Strasbourg, 15 (3pm) - 16 March 1982)
DRAFT AGENDA
1. Adoption of the agenda (Notes No. 4100 of 11.3.82)
Political and general policy questions
2. 5th Parliamentary and Scientific Conference "Technology and Democracy" (Helsinki, 3-5 June 1981) - Assembly Recommendation 932 and Order No 404 - (Concl(82)343/5a) (Notes No. 4101 of 10.3.82)
3. Innovation, competivity and political decision-making (Economic and social effects of advanced technologies) - Assembly Recommendation 933 - (Concl(82)343/5a) (Notes No. 4102 of 5.3.82)
4. European Secretariat of the Liberal, Independent and Social Professions (SEPLIS) - Granting of consultative status (CM(82)32 of 18.2.82) (Notes No. 4103 of 25.2.82)
Legal questions
5. Problems arising out of the use of live animals for experimental or industrial purposes - Written Question No. 246 by Mr. de Poi (CM(81)301 and CM(82)27 of 16.2.82) (Notes No. 4099 of 16.2.82)
6. Declaration on the police - Assembly Recommendation 858 and Resolution 690 - (Concl(82)342/13, CM(82)29 of 18.2.82) (Notes No. 4104 of 24.2.82) CONFIDENTIAL
CM/Del/Concl(82)344 - a2 - Appendix I
Economic and social questions
7. European Health Committee (CDSP) - Report of the 10th meeting (Strasbourg, 24-27 November 1981) - (CM(82)18 and Corr. of 24.2.82 and Add. I-III) (Notes No. 4105 of 24.2.82)
8. Steering Committee for Social Security (CDSS) - Report of the 15th meeting (Strasbourg, 24-27 November 1981) (CM(82)13 and Add I-III) (Notes No. 4106 of 1.3.82)
9. Steering Committee on Intra-European Migration (CDMG) - 5th meeting report (Strasbourg, 8-11 December 1981) - (CM(82)17 and Add.) (Notes No. 4107 of 26.2.82)
10. European Population Conference (1982) - Invitation of Finland, Yugoslavia and the Holy See - (CM(82)19) (Notes No. 4095 of 25.1.82)
11. Public Health Committee (Partial Agreement) (CD-P-SP)
a. Report of the 10th meeting (The Hague, 13-15 October, 1981) (CD-P-SP(81)34) (Notes No. 4108 of 17.2.82)
b. Report of the 11th meeting (Strasbourg, 26 November 1981) (CD-P-SP(81)45) (Notes No. 4109 of 17.2.82)
12. Situation of migrant workers in the host countries - Assembly Recommendation 915 - (Concl(81)333/23 and CM(82)24) (Notes No. 4110 of 22.2.82)
13. 7th Seminar on international voluntary service - Assembly Recommendation 894 - (Concl(82)342/24, CM(82)5 and Add. of 22.2.82 and CM(82)33 of 17.2.82) (Notes No. 4111 of 17.2.82) CONFIDENTIAL
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Education, Culture and Sport
14. The Cinema and the State - Assembly Recommendation 862 (Concl(82)343/22, CM(81)303) (Notes No. 4112 of 2.3.82)
15. Music education for all - Assembly Recommendation 929 (Concl(81)338/5a, CM(82)35 of 25.2.82) (Notes No. 4140 of 4.3.82)
16. Book pricing - Assembly Recommendation 930 - (Concl(81)338/5a, CM(82)30 of 17.2.82) (Notes No. 4114 of 24.2.82)
17. Ad hoc Committee of Experts on Earthquake Research (CAHRT) Report of the 2nd meeting (Strasbourg, 9-11 December 1981) (CM(82)21) (Notes No. 4115 of 23.2.82)
Environment and Local Authorities
18. Steering Committee for Regional and Municipal Matters (CDRM) 10th meeting (Strasbourg, 25-27 November 1981) - (CM(82)1 and Corr. of 24.2.82) (Notes No. 4098 of 2.2.82)
19. Interim Committee for Co-operation within the framework of the Convention on the Conservation of European Wildlife and Natural Habitats (T-VS) - Report of the fourth meeting (Strasbourg, 24-25 November 1981) - (CM(82)16) (Notes No. 4097 of 9.2.82)
Press and Information
20. "Forum" - Portuguese edition of a supplement - (Concl(82)343/26a, Part 10, CM(82)28) (Notes No. 4116 of 25.2.82)
21. Other business
a. Seminar on the improvement and integration of contemporary architecture in historic settings (Bristol, 19-21 March 1982) (Concl(81)340/12, Part 1, CM(82)48 of 9.3.82) (Notes No. 4142 of 9.3.82)
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APPENDIX II (item 3)
DECISION NO. CM/265/160382
Ad hoc terms of reference
1. Name of relevant committee: STANDING CONFERENCE ON UNIVERSITY PROBLEMS (CC-PU)
2. Source of terms of reference: Committee of Ministers
3. Completion date: June 1982
4. Terms of reference:
To formulate an opinion
i. on ways of stepping up its programme in accordance with the objective of paragraph 11 of Assembly Recommendation 933 on innovation, competitivity and political decision-making (economic and social effects of advanced technologies);
ii. on the implementation of a data-processing training programme at university level (paragraph 12 of Recommendation 933).
5. Other committee to be informed of terms of reference: Council for Cultural Co-operation (CDCC)
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APPENDIX III (item 3)
DECISION NO. CM/266/160382
Ad hoc terms of reference
1. Name of relevant committee: COUNCIL FOR CULTURAL CO-OPERATION (CDCC)
2. Source of terms of reference: Committee of Ministers
3. Completion date: June 1982
4. Terms of reference:
To formulate an opinion on the desirability and methods of implementing the whole of paragraph 12 of Assembly Recommendation 933 on innovation, competitivity and political decision-making (economic and social effects of advanced technologies).
5. Other committee to be informed of terms of reference: Standing Conference on University Problems (CC-PU)
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APPENDIX IV (item 7)
RECOMMENDATION No. R(82)4 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES ON THE PREVENTION OF ALCOHOL RELATED PROBLEMS ESPECIALLY AMONG YOUNG PEOPLE
(adopted by the Committee of Ministers on 16 March 1982 at the 344th 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 and that this aim can be pursued, inter alia, by the adoption of common regulations in the health field;
Recalling Resolution(78)46 on methods of treating alcoholism;
Considering the increasing incidence of problems connected with alcohol in member States;
Considering the direct harmful effects of alcohol misuse on the Constitution of the human being during his development, on his learning capacity, his creativity and his health as well as the indirect effects of alcohol related problems, such as reduced efficiency at work, cost of treatment and rehabilitation of the people concerned, and their incidence on the family and society;
Considering in particular the trend towards increased consumption of alcoholic beverages among young people, an increase which concerns both sexes, and the trend towards a lowering of the age at which the consumption begins;
Considering that these phenomena are due to many factors (social, economic, legal, cultural, etc.) and that a comprehensive preventive policy is needed,
RECOMMENDS governments of member States to:
- adopt a comprehensive national policy on production, distribution and sale of beverages containing alcohol;
- coordinate to the utmost extent such policy with that of the other member States;
- take positive action in the field of the prevention of alcohol related problems;
- take account as far as possible of the measures outlined at the Appendix to this Recommendation. CONFIDENTIAL
CM/Del/Concl(82)344 - a10 - Appendix IV
Appendix to Recommendation No. R(82)4
I. INTRODUCTION
1. For the purposes of this Recommendation, the term "young people" means the age group ranging from conception to the early 20s, that is to say the age at which they enter the adult world.
2. Several of the preventive measures set out below concern all age groups as alcohol consumption patterns of young people very often reflect those of adults, while others are selectively aimed at young people.
3. The measures to be taken should concern:
i. prevention and especially education for health, since the latter is likely to instil healthy living habits into young people which will influence their whole life;
ii. the health and social implications of action affecting consumption of alcohol.
4. These measures should be integrated in a comprehensive coherent and credible policy.
II. MEASURES TO BE TAKEN IN THE FIELD OF EDUCATION FOR HEALTH
5. In general, education for health should aim to:
i. make everyone aware of his responsibilities concerning the maintenance and promotion of health;
ii. develop the individual's capacity to take informed decisions which affect his personal, family or social welfare;
iii. encourage a positive attitude to individual initiative;
iv. help each individual to fit into working life and society generally, so that in it he can express himself, make his own contribution and achieve fulfilment.
6. To that end, consideration should be given to ways of:
6.1. Setting in motion and coordinating an information policy CONFIDENTIAL
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In this respect it is recommended:
i. that, in addition to permanent information, vigorous information campaigns be conducted on the problems related to alcohol consumption (accidents on the roads, at work and in the home, effects on family life, cost to society, etc.);
ii. that this general information be made more specific for target groups, and in particular:
- to inform all concerned, especially expectant mothers, of the dangers of alcohol consumption to the foetus (Lemoine and Jones syndrome);
- to inform families, especially mothers, about young persons' extreme sensitivity to alcohol;
- to stress how much children's behaviour is influenced by that of the family group which instils norms, stereotypes and patterns in the young.
6.2 Setting the guidelines for health education on alcohol related problems
In this connection, it would be advisable:
i. that in schools:
- such education be taught in a positive way, be integrated in all aspects of the curriculum, and provide objective information;
- take account of the alcohol drinking patterns of the socio-cultural context to which it is addressed;
- be backed up by active learning techniques and action at group level;
- form part of an overall conception of the various forms of non-therapeutic use of drugs and be included as well in education on nutrition;
- be aimed, if not at temperance, then, at least, at lowering the level of consumption of alcoholic beverages;
- include at the same time a programme aimed at the family and the community (occupational groups, key figures, opinion-makers, mediators, decision-takers, media); CONFIDENTIAL
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- be supported from outside by a promotional, comprehensive preventive policy (health, leisure);
ii. in the military environment, to pursue information programmes after the training period in the field of education for health;
iii. in the working environment:
- to display permanently information documents on alcohol related problems;
- to circulate regularly oral and written information on questions of gradual alcohol dependence, namely to middle-management and control services, and in staff training courses, as is done in respect of employment injury.
6.3. Setting the guidelines for the training of several professional groups in the field of alcohol related problems (teachers, social workers, psychologists, sociologists, nurses, doctors, especially school health and occupational doctors, journalists, lawyers and penitentiary staff)
It would be advisable to train such personnel to detect situations which may give rise to alcohol related problems and in this connection:
- to pay special attention to young people who experience difficulties with adjustment, integration or adaptation to a different culture, who are resident in boarding schools, have family or school difficulties, or who live in depressed areas, in a drinking environment, or in families with economic difficulties (primary prevention);
- to identify as nearly as possible the signs of gradual alcohol dependence on the basis of clinical, biochemical or social indicators or of questionnaires (secondary prevention);
- to indicate the risk groups as much as possible without stigmatising a certain group as being potentially subject to alcohol related problems. Such labelling can have the undesirable side-effect that a certain group identifies itself with the stigma imposed on it, as a result of which the behaviour considered undesirable can possibly gain strength. CONFIDENTIAL
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III. MEDICAL AND SOCIAL MEASURES
7. Efforts should be made to encourage:
i. the development of a coordinated leisure policy for young people (including the military) by offering them especially culture and sports activities so as to occupy their leisure time in a constructive way; leisure facilities and activities should be integrated in the local socio-cultural framework;
ii. the promotion, especially in urban areas, of youth clubs and "out-reach" activities run by qualified staff;
iii. financial support of voluntary organisations active in health promotion;
iv. the development of consultation services for adolescents which should preferably be separate from family services and organised in an attractive and informal way so as to encourage young people to seek help at an early stage; the active participation of adolescents in the organisation and management of such services should be strongly encouraged;
v. the development of vocational guidance, employment and vocational training services with a view to preventing social exclusion;
vi. the support both morally and financially of organisations combating alcohol related problems, especially if they participate actively in the framework of the objectives of a national programme;
vii. the enhancement of awareness by the individual, family and community of alcohol related problems and of the possible forms of individual and collective action in order to encourage their active participation in preventive measures;
viii. an increase in the number of socio-medical services providing aid and treatment for alcoholics as recommended in Resolution(78)46 of the Committee of Ministers on methods of treating alcoholism;
ix. giving material aid to associations whose purpose is to help former alcoholics. CONFIDENTIAL
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IV. GENERAL MEASURES
8. Such measures might include:
i. making the campaign against alcohol misuse and alcohol related problems one of the main objectives of health policy;
ii. ensuring that alcoholic beverages are highly taxed so as to discourage consumption;
iii. not authorising the sale of alcoholic beverages in recreational or sporting clubs during spectator events, competitions, etc.;
iv. regulating sales of alcoholic beverages to young people especially in supermarkets;
v. prohibiting the sale of alcoholic beverages from machines;
vi. banning special offers of alcoholic beverages;
vii. enforcing measures limiting very strictly the quantity of alcohol per person to be bought in duty-free shops in airports, ports, on ships, etc.;
viii. banning the sale of alcoholic beverages in petrol stations and in restaurants near main highways;
ix. encouraging production and consumption of non- alcoholic drinks;
x. lowering the alcoholic content of certain drinks and fixing a maximum alcoholic content for beer and cider;
xi. making obligatory the free availability of drinking water in restaurants, bars, etc. as well as the inclusion of non-alcoholic beverages on menus;
xii. regulating access and sale of alcoholic beverages to young people and to this end:
- banning the sale of alcoholic beverages and access to public houses at least to young people under 16;
- extending the ban on serving alcoholic drinks to pupils in secondary schools; they should be offered alternatives (milk, fruit juice) at reasonable prices; CONFIDENTIAL
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- banning the sale of alcoholic beverages in bars on university premises;
- providing numerous drinking fountains in teaching establishments;
- regulating shops selling alcoholic drinks especially near teaching establishments frequented by young people;
- banning the employment of minors in public houses;
xiii. applying in full the recommendations of Resolution (73)7 of the Committee of Ministers relating to the punishment of road traffic offences committed whilst driving a vehicle under the influence of alcohol; it is recommended to fix as low as possible the maximum amount of alcohol in the blood, above which a driver shall be subject to prosecution.
V. SPECIAL MEASURES TO BE TAKEN AT WORK PLACES
Such measures might include:
i. prohibiting alcoholic beverages on the premises and making available at the same time non-alcoholic beverages; as regards works' canteens and restaurants, the prohibition could be lifted after working hours or when a limited consumption is without danger for the person and his working environment;
ii. prohibiting all payment in kind in the form of alcoholic beverages;
iii. making supervisory personnel aware of the dangers of allowing inebriated employees to remain at the place of work.
VI. MEASURES CONCERNING ADVERTISING
10. Efforts should be made to:
i. regulate advertising to avoid aiming it at the young or glamourising alcohol;
ii. create an awareness among the media, especially journalists and people from the world of entertainment, of the way in which favourable attitudes to the consumption of alcoholic beverages can influence young people;
iii. support advertising of non-alcoholic beverages. CONFIDENTIAL
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VII. MEASURES TO BE TAKEN IN THE FIELD OF RESEARCH
11. Consideration should be given to ways of reviewing nationally research needs, and of coordinating strategies and disseminating relevant research findings.
12. It would further be advisable:
i. to study the social and psychological causes of consumption and dependence on alcohol in order to improve prevention and facilitate the detection of problems at an early stage;
ii. to establish in cooperation with the World Health Organisation:
- common statistical standards to ensure the comparability of data on consumption and disabilities;
- means of assessing prevention programmes;
iii. to develop studies on new non-alcoholic beverages. CONFIDENTIAL
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APPENDIX V (item 7)
RECOMMENDATION NO. R(82) 5 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES CONCERNING THE PREVENTION OF DRUG DEPENDENCE AND THE SPECIAL ROLE OF EDUCATION FOR HEALTH
(adopted by the Committee of Ministers on 16 March 1982 at the 344th 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 a common approach in the health and social protection fields;
Recalling Recommendation No. R(82)6 on the treatment and resocialisation of drug dependants;
Recognising that on the one hand the prevalence of drug dependence has not decreased in member states, being either stabilised or still on the increase, despite the measures already taken, and that, on the other, in general the problem of changing attitudes to drugs remains unsolved;
Conscious of the risks involved in ignoring the many harmful consequences of experimentation with drugs, and of the supposedly recreational use of drugs;
Judging that prevention and early treatment programmes for those on the verge of dependence have proved difficult to implement because of the illicit nature and social stigmatisation of much drug use or abuse, and that emphasis should be placed on the primary prevention of drug dependence applied to the whole population, especially by means of education for health programmes aimed at school children as the target group, so that they can learn to protect themselves against the dangers of a society where drugs exist or other harmful substances are commonly used, and also that tertiary drug dependence prevention programmes have not been developed to a sufficient extent;
Judging that, to reduce the demand for drugs, education for health should be related to the psychological and socio-cultural characteristics of the target group and should impart a simple understanding of how the human body works, and which of its systems might be damaged by drug or other abuse;
Aware of the need to institute broad education for health programmes which aim to promote a whole range of healthy attitudes and life-styles so that, within each member state's cultural context, the subjects may each consciously choose the way of life best suited to their needs; CONFIDENTIAL
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Realising that the traditional structure of school education may not encourage the institution of comprehensive, informal and non-authoritarian education for health, integrated in the school curriculum, and aimed at encouraging active pupil participation and the collaboration of parents and others in the community,
RECOMMENDS that governments of member states should:
- approach the problem of preventing drug dependence taking note that: i. primary prevention should include, alongside legislation and controls to curb illicit drug trafficking and to regulate the supply of licit drugs, comprehensive education for health programmes with drug abuse prevention components; ii. secondary prevention should include, as well as measures to detect at an early stage individuals or groups at high risk from drug abuse, educational and other forms of suasion designed to reduce the detected risk of abuse; iii. tertiary prevention of drug dependence should comprise not only therapeutic services for dependants but also comprehensive measures to help them to become integrated in society and to achieve personal fulfilment; iv. specific preventive measures must be accompanied by general social policy initiatives designed to deal with the problems often behind drug dependence; the break-up or weakening of the family's role in sustaining a sense of personal identity; unemployment among young people; educational systems which are ill-adapted to the modern world and to young persons' needs; the absence of adequate leisure facilities, particularly for the young in depressed urban areas;
- take the following measures to prevent drug dependence:
1. Generally a. to ensure that adequate financial support is available for the primary prevention of drug dependence, namely for the provision of comprehensive education for health, for each age group in schools and other educational establishments; b. to ensure that a comprehensive education for health programme is established for each area or community, within and outside schools and other educational establishments;
c. to promote a partnership between all groups and individuals concerned at regional, provincial and community level, by co-ordinating and if necessary rearranging existing institutions and services so as to draw fully on each level's potential (parents, group leaders, etc); CONFIDENTIAL
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d. to undertake programmes to train health educators by - first - identifying those who will train and - second - by locating and where necessary giving training in each community or area to the key workers already able to share the tasks with others in a non-authoritarian setting, who are most likely to be found among teachers, members of primary health care teams, school health or public health officers, psychiatrists, youth workers or social workers; e. to include in all education for health programmes or projects experimental testing procedures, especially the evaluation of the impact of programmes, etc on the subjects' attitudes and their subsequent behaviour, particularly as regards drug use and abuse.
2. In particular a. to set up education for health programmes which
i. concentrate on school-age children and all adolescents, and can be an integral part of school education, beginning at primary level and continuing at secondary level. Health education should not be taught as a separate school subject, but should be co-ordinated by a senior teacher and included in several areas of teaching, and in the general set of values upheld by the school among which the encouragement of sports and other leisure activities is also important;
ii. aim generally to encourage individuals to assume responsibility for their health as they grow up, by becoming adequately aware of health risks and benefits, and of what kind of life-style they should adopt to suit their personality;
iii. correspond to the actual needs of the group taught, are comprehensible, attractive and positive, illustrating opportunities rather than prohibiting certain behaviour; the educational staff should be objective in their approach and credible in their presentation, and pursue the following specific objectives:
- to enable individuals to improve their overall mental health, their social skills and their inter-personal relations
- to raise their self-esteem and reduce any sense of alienation
- to clarify each individual's values, demonstrating in what manner conflicts can arise between a person's values and reality
- to encourage decision-making, active learning and the deliberate choice of a healthy way of life;
iv. do not single out drug abuse as a special problem, but simply include it in a list of activities which are dangerous (or merely futile). Drugs should be shown to be a seductive illusion in relation to what individuals want and need to develop their own personalities, and not as forbidden (but perhaps desirable) substances. All drugs should be dealt with, whether licit (including prescribed drugs) or illicit. CONFIDENTIAL
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The association between drug abuse and the other addictions (chiefly tranquillisers, solvants, alcohol and tobacco) should not be ignored;
v. consist in detailed teaching and active learning projects integrated into several subjects in the school curriculum, and if possible informal discussion groups based on school communities, involving non-teaching staff, parents, school health service personnel etc (a "health convention"); b. to establish the training and selection of education for health staffs, on the basis that such staff may either add this responsibility to their existing professional duties, or be full-time specialist workers in the drug-abuse field. Both types of staff need adequate training:
i. teachers, social workers or others who take on specific responsibilities for health education generally with special reference to drug-abuse problems need:
- clear guidance on the known risks to health, resulting from behavioural and social factors
- a satisfactory understanding of the psycho-social problems of children and adolescents
- some basic knowledge about drugs and their effects
- a good grasp of how to co-ordinate education for health programmes
ii. specialist workers in the field of drug-abuse prevention (mainly secondary and tertiary) need a multi-disciplinary training to include:
- a clear grasp of the respective aims of primary, secondary and tertiary prevention
- a profound understanding of psychological development and social interaction, particularly as regards adolescents and young people
- appropriate scientific knowledge about drugs
- a good understanding of the wider pressures exerted by society on the young;
iii. the selection of staff should be based on these criteria;
- ability to undertake multi-disciplinary work
- wide experience of various patterns of individual and group behaviour CONFIDENTIAL
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- special interest in and understanding of the problems of children and young people
- capacity to relate to young people in a non-authoritarian manner, and to collaborate with teachers, parents, school health services, community services etc;
iv. where drug-abuse prevention represents an additional work-load for a given professional (eg teacher, primary health care provider, social worker) special attention should be paid to the balance of the individual's working arrangements; c. to assess education for health programmes; the measurement of their effects on health behaviour in the subsequent lives of children must take into account that they are at an experimental stage and are applicable to large community populations of children at their primary and secondary school levels, forming part of a comprehensive education syllabus; such assessment would require a sequenced procedure which would take into consideration the following:
i. an initial baseline statement on local community health needs which would generate and govern a relevant and acceptable health education programme suitable for a small-scale application to test its feasibility, should be undertaken;
ii. accepting that a health education programme necessarily focuses on life-styles affecting health, it would include teaching about the associated risk factors, attitudes to health care and enhancing motivation to change harmful habits and it would require a long-term follow-up mechanism if the efficacy of the programme is to be tested;
iii. that this long-term follow-up would need studies involving representative cohorts in the population in order to assess the effects of the programme and to assess the confounding effects of other variables;
iv. in parallel with the long-term follow-up studies, a facility which permits the adaptation of health education programmes to changes in local health needs would be a necessary activity; this would require that the indicated change itself and the change of programme were effected in a standardised way; d. (other general measures) to supplement education for health and other primary preventive measures by the implementation of a social policy which is designed:
i. to discourage recourse to psychotropic substances as a response to stress and other personal problems, in particular by using the mass media to devalue alcohol and drugs in the public eye and by giving doctors incentives to prescribe fewer drugs and to give more positive advice on how to live a healthy life; CONFIDENTIAL
- a22 - CM/Del/Concl(82)344 Appendix V
ii. to assist families to help each other, and particularly at times of stress or other difficulty for adolescents;
iii. to encourage the creation or renewal of integrated communities, in which, notably, schools and health and social services should reflect and respond to the cultural context of the community, promote social integration, enable people to lead an active and useful life, and especially to promote youth employment and facilitate access to training courses and opportunities for work experience to all young people who need them. CONFIDENTIAL
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APPENDIX VI (item 7)
RECOMMENDATION NO. R(82)6 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES CONCERNING THE TREATMENT AND RESOCIALISATION OF DRUG DEPENDANTS
(adopted by the Committee of Ministers on 16 March 1982 at the 344th 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 between its members and that this aim may be pursued, inter alia, by the adoption of a common approach in the health, social welfare and social security fields;
Recognising that drug dependence is an important social and health problem in most of the member states;
Supporting the general hypothesis that the cause of drug dependence is multi-factor al including social, psychological and physical aspects;
Recognising that the general trend in most of the countries is towards either an increase or a levelling-off in the abuse of drugs;
Recognising that the abuse of heroin is widespread; and that the number of people severely dependent on heroin is reported to be on the increase in some countries, together with a rise in heroin-related deaths;
Recognising that the use of alcohol together with prescribed drugs is increasing and multiple dependence on legal and illegal drugs is a common pattern;
Bearing in mind that all drug dependants whatever their personality structure or social background require treatment for resocialisation but that it is not realistic to adopt one standard method of treatment;
Recognising that all treatment programmes should provide multi-functional aid and treatment and that within these programmes pharmacological methods should be seen as only part of the programme and should never be applied alone;
Realising that although most European countries have more than ten years' experience with care and treatment methods, it is still difficult to compare programmes and the results in relation to the selection of patients, and the methods applied;
Recognising that at the present time there is little scientifically based data available on the effectiveness of treatment programmes but that successful treatment of drug dependants is possible; CONFIDENTIAL
- a24 - CM/Del/Concl(82)344 Appendix VI
Recognising that there has been insufficient evaluation of treatment programmes in Europe;
Recognising that, in order to improve services, their evaluation against easily comparable criteria is necessary and that this should be an integrated activity for staff at all levels with a view to assembling evaluation data for national and international co-operation;
Accepting that evaluation is only possible if the objectives for each particular type of treatment are clearly established,
RECOMMENDS to governments of member states:
Approach to the problem
1. That aid and treatment for drug dependants should be integrated as far as possible into the regular health and social care system;
2. That where resources are provided for the aid and treatment services for drug dependants, the problem of drug dependence should be seen in relation to health and social problems;
Facilities and methods
3. That residential and non-residential facilities (specialised if necessary) should be provided for drug dependants with the opportunity for multifunctional treatment approaches. These facilities should be staffed on a multidisciplinary basis and, where possible, offer treatment of a voluntary nature. They should be linked together within a comprehensive treatment and rehabilitation system (treatment chain);
4. That facilities for case-finding should be provided (eg open-door centres) where the drug dependant is motivated for treatment, but these should be seen only as part of the treatment system;
5. That treatment programmes should include psychotherapeutic and social- therapeutic methods consistent with the aims and principles of resocialisation. Therapeutic methods of this kind should be used in both residential and non- residential facilities;
6. That resocialisation should be an integral part of all stages of treatment programmes;
7. That research be undertaken before pharmacological agents are used in the therapy of drug dependence;
Staff
8. That such facilities should have qualified staff with experience in social, psychological, educational, health and vocational fields. Such personnel should receive specialised and on-going training to enable them to carry out their tasks, particular attention being paid to problems resulting from the inclusion of ex-addicts on the staff; CONFIDENTIAL
- a25 - CM/Del/Concl(82)344 Appendix VI
Evaluation
9. That evaluation should be introduced into all aid and treatment programmes;
10. That evaluation techniques should be a part of training at all levels with particular emphasis on techniques which can be easily handled by the staff;
11. That evaluation to improve programme results should be included as a requirement at all levels;
12. That resources should be provided to improve local need assessment, to establish information systems and to improve outcome evaluation;
13. That the general results of evaluation should be systematically communicated to all interested parties, treatment centres, governments and international organisations involved in treatment programmes;
14. That national authorities, in designing, implementing, managing and evaluating treatment and resocialisation programmes for drug-dependent persons, make use to the fullest extent possible, of the United Nations Resource Book "Measures to Reduce the Illicit Demand for Drugs".
CONFIDENTIAL
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APPENDIX VII (item 7)
RECOMMENDATION NO. R(82)7 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES CONCERNING THE AID TO BE GIVEN TO SMALL-SIZED COUNTRIES FOR BASIC AND POST-GRADUATE TRAINING FOR HEALTH PERSONNEL
(adopted by the Committee of Ministers on 16 March 1982 at the 344th 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 between its members and that this aim may be pursued, inter alia, by the adoption of a common approach in the health, social welfare and social security fields;
Considering that in certain member states of the Council of Europe there is, because of their relatively small size, a lack of university facilities for health training, or only a limited range of such facilities;
Aware that, consequently, prospective and actual health personnel need to be able to have post-graduate training in other European countries so as to be able to offer health services of adequate quality;
Considering that non-member states with different political and social systems have granted fellowships to Council of Europe member states in the above situation, even though their academic and health systems differ from those of the Council of Europe member states;
Considering that efforts must continue to create a better balance between northern and southern Europe,
RECOMMENDS governments of member States to consider the opportunity of opening or widening the possibility for basic and post-graduate medical studies to be undertaken in their countries of citizens of such small-sized countries (Cyprus in particular).
CONFIDENTIAL
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APPENDIX VIII (item 8)
RESOLUTION CSS (82) 1
ON THE APPLICATION OF THE EUROPEAN CODE OF SOCIAL SECURITY AND THE PROTOCOL THERETO BY BELGIUM (Period from 1 July 1979 to 30 June 1980)
(adopted by the Committee of Ministers on 16 March 1982 at the 344th meeting of the Ministers' Deputies)
The Committee of Ministers,
In the exercise of the functions conferred upon it by Article 75 of the European Code of Social Security (hereinafter referred to as the "Code") as modified by the provisions of its Protocol (hereinafter referred to as the "Protocol"), with a view to supervising the application of these two instruments by the Contracting Parties;
Whereas the Code and the Protocol, signed on 16 April 1964, entered into force on 17 March 1968 and since 14 August 1970 have been binding on Belgium, which ratified them on 13 August 1969;
Whereas when ratifying the Code and the Protocol, the Belgian Government stated that it accepted, in addition to the parts which must be applied by every Contracting Party (Parts I, XI, XII, XIII and XIV), the following parts of the Code, as modified by the Protocol:
- Part II on "medical care", - Part III on "sickness benefit", - Part IV on "unemployment benefit", - Part V on "old-age benefit", - Part VI on "employment injury benefit", - Part VII on "family benefit", - Part VIII on "maternity benefit", - Part IX on "invalidity benefit", - Part X on "survivors' benefit";
Whereas, in pursuance of paragraph 1 of Article 74 of the Code as modified by the Protocol, the Belgian Government submitted on 22 October 1980 its 10th annual report on the application of the Code as modified by the Protocol for the period from 1 July 1979 to 30 June 1980; CONFIDENTIAL
CM/Del/Concl(82)344 - a30 - Appendix VIII
Whereas, in accordance with paragraph 4 of Article 74, that report was examined by the ILO Committee of Experts for the Application of Conventions and Recommendations at its meeting in March 1981;
Whereas, in accordance with paragraph 5 of Article 74, that report and the conclusions adopted thereon by the above-mentioned committee were examined by the Steering Committee for Social Security of the Council of Europe at its meeting in November 1981;
Having considered the conclusions reached by the Steering Committee for Social Security after examination of the aforesaid documents;
Recalling its Resolution CSS (81)1 on the 9th report by the Belgian Government in pursuance of paragraph 1 of Article 74 of the Code as modified by the Protocol,
Finds that Belgium continues to give full effect to the provisions of all parts of the Code, as modified by the Protocol. CONFIDENTIAL
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APPENDIX IX (item 8)
RESOLUTION CSS (82)2
ON THE APPLICATION OF THE EUROPEAN CODE OF SOCIAL SECURITY AND THE PROTOCOL THERETO BY THE FEDERAL REPUBLIC OF GERMANY (Period from 1 July 1979 to 30 June 1980)
(adopted by the Committee of Ministers on 16 March 1982 at the 344th meeting of the Ministers' Deputies)
The Committee of Ministers,
In the exercise of the functions conferred upon it by Article 75 of the European Code of Social Security (hereinafter referred to as the "Code") as modified by the provisions of its Protocol (hereinafter referred to as the "Protocol"), with a view to supervising the application of these two instruments by the Contracting Parties;
Whereas the Code and the Protocol, signed on 16 April 1964, entered into force on 17 March 1968 and since 28 January 1972 have been binding on the Federal Republic of Germany, which ratified them on 27 January 1971;
Whereas when ratifying the Code and the Protocol, the Government of the Federal Republic of Germany stated that it accepted, in addition to the parts which must be applied by every Contracting Party (Parts I, XI, XII, XIII and XIV), the following parts of the Code, as modified by the Protocol:
- Part II on "medical care", - Part III on "sickness benefit", - Part IV on "unemployment benefit", - Part V on "old-age benefit", - Part VI on "employment injury benefit", - Part VII on "family benefit", - Part VIII on "maternity benefit", - Part IX on "invalidity benefit", - Part X on "survivors' benefit";
Whereas, in pursuance of paragraph 1 of Article 74 of the Code as modified by the Protocol, the German Government: submitted on 8 December 1980 its 9th annual report on the application of the Code as modified by the Protocol for the period from 1 July 1979 to 30 June 1980; CONFIDENTIAL
CM/Del/Concl(82)344 - a32 - Appendix IX
Whereas, in accordance with paragraph 4 of Article 74, that report was examined by the ILO Committee of Experts for the Application of Conventions and Recommendations at its meeting in March 1981;
Whereas, in accordance with paragraph 5 of Article 74, that report and the conclusions adopted thereon by the above-mentioned committee were examined by the Steering Committee for Social Security of the Council of Europe at its meeting in November 1981;
Having considered the conclusions reached by the Steering Committee for Social Security after examination of the aforesaid documents;
Recalling its Resolution CSS (81)2 on the 8th report by the Government of the Federal Republic of Germany pursuant to paragraph 1 of Article 74 of the Code as modified by the Protocol,
Finds that the Federal Republic of Germany continues to give full effect to the provisions of all parts of the Code, as modified by the Protocol. CONFIDENTIAL
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APPENDIX X (item 8)
RESOLUTION CSS (82)3
ON THE APPLICATION OF THE EUROPEAN CODE OF SOCIAL SECURITY AND THE PROTOCOL THERETO BY LUXEMBOURG (Period from 1 July 1979 to 30 June 1980)
(adopted by the Committee of Ministers on 16 March 1982 at the 344th meeting of the Ministers' Deputies)
The Committee of Ministers,
In the exercise of the functions conferred upon it by Article 75 of the European Code of Social Security (hereinafter referred to as the "Code") as modified by the provisions of its Protocol (hereinafter referred to as the "Protocol"), with a view to supervising the application of these two instruments by the Contracting Parties;
Whereas the Code and the Protocol, signed on 16 April 1964, entered into force on 17 March 1968 and since 4 April 1969 have been binding on Luxembourg, which ratified them on 3 April 1968;
Whereas when ratifying the Code and the Protocol, the Luxembourg Government stated that it accepted, in addition to the parts which must be applied by every Contracting Party (Parts I, XI, XII, XIII and XIV), the following parts of the Code, as modified by the Protocol:
- Part II on "medical care", - Part III on "sickness benefit", - Part IV on "unemployment benefit", - Part V on "old-age benefit", - Part VI on "employment injury benefit", - Part VII on "family benefit", - Part VIII on "maternity benefit", - Part IX on "invalidity benefit", - Part X on "survivors' benefit";
Whereas, in pursuance of paragraph 1 of Article 74 of the Code as modified by the Protocol, the Luxembourg Government submitted on 1 December 1980 its 12th annual report for the period from 1 July 1979 to 30 June 1980; CONFIDENTIAL
CM/Del/Concl(82)344 - a34 - Appendix X
Whereas, in accordance with paragraph 4 of Article 74, that report was examined by the ILO Committee of Experts for the Application of Conventions and Recommendations at its meeting in March 1981;
Whereas, in accordance with paragraph 5 of Article 74, that report and the conclusions adopted thereon by the above-mentioned committee were examined by the Steering Committee for Social Security of the Council of Europe at its meeting in November 1981;
Having considered the conclusions reached by the Steering Committee for Social Security after examination of the aforesaid documents;
Recalling its Resolution CSS (81)3 on the 11th report by the Government of Luxembourg in pursuance of paragraph 1 of Article 74 of the Code as modified by the Protocol,
Finds that Luxembourg continues to give full effect to the provisions of all parts of the Code, as modified by the Protocol. CONFIDENTIAL
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APPENDIX XI (item 8)
RESOLUTION CSS (82) 4
ON THE APPLICATION OF THE EUROPEAN CODE OF SOCIAL SECURITY AND THE PROTOCOL THERETO BY THE NETHERLANDS (Period from 1 July 1979 to 30 June 1980)
(adopted by the Committee of Ministers on 16 March 1982 at the 344th meeting of the Ministers' Deputies)
The Committee of Ministers,
In the exercise of the functions conferred upon it by Article 75 of the European Code of Social Security (hereinafter referred to as the "Code") as modified by the provisions of its Protocol (hereinafter referred to as the "Protocol"), with a view to supervising the application of these two instruments by the Contracting Parties;
Whereas the Code and the Protocol, signed on 16 April 1964, entered into force on 17 March 1968 and since that date have been binding on the Netherlands, which ratified them on 16 March 1967;
Whereas when ratifying the Code and the Protocol, the Netherlands Government stated that it accepted, in addition to the parts which must be applied by every Contracting Party (Parts I, XI, XII, XIII and XIV), the following parts of the Code, as modified by the Protocol:
- Part II on "medical care", - Part III on "sickness benefit", - Part IV on "unemployment benefit", - Part V on "old-age benefit", - Part VI on "employment injury benefit", - Part VII on "family benefit", - Part VIII on "maternity benefit", - Part IX on "invalidity benefit", - Part X on "survivors' benefit";
Whereas, in pursuance of paragraph 1 of Article 74 of the Code as modified by the Protocol, the Netherlands Government submitted on 8 December 1980 its 13th annual report for the period from 1 July 1979 to 30 June 1980; CONFIDENTIAL
CM/Del/Concl(82)344 - a36 - Appendix XI
Whereas, in accordance with paragraph 4 of Article 74, that report was examined by the ILO Committee of Experts for the Application of Conventions and Recommendations at its meeting in March 1981;
Whereas, in accordance with paragraph 5 of Article 74, that report together with the conclusions adopted thereon by the above-mentioned committee were examined by the Steering Committee for Social Security of the Council of Europe at its meeting in November 1981;
Having considered the conclusions reached by the Steering Committee for Social Security after examination of the aforesaid documents;
Recalling its Resolution CSS (81)4 on the 12th report by the Netherlands Government in pursuance of paragraph 1 of Article 74 of the Code as modified by the Protocol,
Finds a. that the Netherlands continues to give full effect to the provisions of Parts II, III, IV, V, VII, VIII, IX and X of the Code, as modified by the Protocol; b. that, with regard to Part VI (employment injury benefit, Articles 32.d, 36 and 38), Netherlands legislation is still not fully consistent with the provisions of the Code as modified by the Protocol; however, the Working Party on the adaptation of the Council of Europe standard-setting social security instruments has proposed arrangements which would enable states whose systems - like that of the Netherlands - have abandoned the notions of industrial accident and occupational disease, to meet the standards of those instruments by granting compensatory benefits in the same branch or in other social security branches. CONFIDENTIAL
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APPENDIX XII (item 8)
RESOLUTION CSS (82) 5
ON THE APPLICATION OF THE EUROPEAN CODE OF SOCIAL SECURITY AND THE PROTOCOL THERETO BY NORWAY (Period from 1 July 1979 to 30 June 1980)
(adopted by the Committee of Ministers on 16 March 1982 at the 344th meeting of the Ministers' Deputies)
The Committee of Ministers,
In the exercise of the functions conferred upon it by Article 75 of the European Code of Social Security (hereinafter referred to as the "Code"), as modified by the provisions of its Protocol (hereinafter referred to as the "Protocol"), with a view to supervising the application of these two instruments by the Contracting Parties;
Whereas the Code and the Protocol, signed on 16 April 1964, entered into force on 17 March 1968 and since that date have been binding on Norway, which ratified them on 25 March 1966;
Whereas when ratifying the Code and the Protocol, the Norwegian Government stated that it accepted, in addition to the parts which must be applied by every Contracting Party (Parts I, XI, XII, XIII and XIV):
- Part II of the Code on "medical care", - Part III of the Code, as modified by the Protocol, on "sickness benefit", - Part IV of the Code on "unemployment benefit", - Part V of the Code, as modified by the Protocol, on "old-age benefit", - Part VI of the Code, as modified by the Protocol, on "employment injury benefit", - Part VII of the Code, as modified by the Protocol, on "family benefit", - Part IX of the Code, as modified by the Protocol, on "invalidity benefit", - Part X of the Code, as modified by the Protocol, on "survivors' benefit";
Whereas, in pursuance of paragraph 1 of Article 74 of the Code as modified by the Protocol, the Norwegian Government submitted on 23 December 1980 its 13th annual report for the period from 1 July 1979 to 30 June 1980; CONFIDENTIAL
CM/Del/Concl(82)344 - a38 - Appendix XII
Whereas, in accordance with paragraph 4 of Article 74, that report was examined by the ILO Committee of Experts for the Application of Conventions and Recommendations at its meeting in March 1981;
Whereas, in accordance with paragraph 5 of Article 74, that report and the conclusions adopted thereon by the above-mentioned committee were examined by the Steering Committee for Social Security of the Council of Europe at its meeting in November 1981;
Having considered the conclusions reached by the Steering Committee for Social Security after examination of the aforesaid documents;
Recalling its Resolution CSS(81)5 on the 12th report submitted by the Norwegian Government in pursuance of paragraph 1 of Article 74 of the Code as modified by the Protocol,
Finds: a. that Norway continues to give full effect to the provisions of Parts II and IV of the Code and Parts III, V, VI, and VII of the Code as modified by the Protocol; b. that with regard to Part IV (unemployment benefit, Articles 21 and 22) it would be desirable following the changes made in the unemployment insurance scheme for the Norwegian Government to provide in its next report statistical data on the number of persons protected (taking account of the new rule governing entitlement to benefits) and on the rate of those benefits in relation to the reference wage to which the Government wishes to have recourse in accordance with the form of the report adopted by the Council of Europe; c. that, with regard to Parts IX (invalidity benefit, Article 56) and X (survivors' benefit, Article 62), the statistical data requested in Resolution CSS(81)5 and supplied in the 13th report, show that the percentages required by the Protocol calculated on the basis of the beneficiary's gross pay are now attained in practice taking into account the compensatory rules as regards the crediting of periods of insurance and the calculation of pensions, and that consequently Norway gives full effect to the provisions of Parts IX and X of the Code, as modified by the Protocol. It would be desirable that similar information be regularly provided in future reports so as to confirm that the level laid down by the Protocol for the above mentioned benefits continues to be reached permanently in practice. CONFIDENTIAL
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APPENDIX XIII (item 8)
RESOLUTION CSS (82) 6
ON THE APPLICATION OF THE EUROPEAN CODE OF SOCIAL SECURITY AND THE PROTOCOL THERETO BY SWEDEN (Period from 1 July 1979 to 30 June 1980)
(adopted by the Committee of Ministers on 16 March 1982 at the 344th meeting of the Ministers' Deputies)
The Committee of Ministers,
In the exercise of the functions conferred upon it by Article 75 of the European Code of Social Security (hereinafter referred to as the "Code"), as modified by the provisions of its Protocol (hereinafter referred to as the "Protocol"), with a view to supervising the application of these two instruments by the Contracting Parties;
Whereas the Code and the Protocol, signed on 16 April 1964, entered into force on 17 March 1968 and since that date have been binding on Sweden, which ratified them on 25 September 1965;
Whereas when ratifying the Code and the Protocol, the Swedish Government stated that it accepted, in addition to the parts which must be applied by every Contracting Party (Parts I, XI, XII, XIII and XIV):
- Part II of the Code on "medical care", - Part III of the Code, as modified by the Protocol, on "sickness benefit", - Part IV of the Code, as modified by the Protocol, on "unemployment benefit", - Part V of the Code, as modified by the Protocol, on "old-age benefit", - Part VII of the Code, as modified by the Protocol, on "family benefit", - Part VIII of the Code on "maternity benefit", - Part IX of the Code, as modified by the Protocol, on "invalidity benefit", - Part X of the Code, as modified by the Protocol, on "survivors' benefit";
Whereas, in pursuance of paragraph 1 of Article 74 of the Code as modified by the Protocol, the Swedish Government submitted on 5 December 1980 its 13th annual report for the period from 1 July 1979 to 30 June 1980; CONFIDENTIAL
CM/Del/Concl(82)344 - a40 - Appendix XIII
Whereas, in accordance with paragraph 4 of Article 74, that report was examined by the ILO Committee of Experts for the Application of Conventions and Recommendations at its meeting in March 1981;
Whereas, in accordance with paragraph 5 of Article 74, that report and the conclusions adopted thereon by the above-mentioned committee were examined by the Steering Committee for Social Security of the Council of Europe at its meeting in November 1981;
Having considered the conclusions reached by the Steering Committee for Social Security after examination of the aforesaid documents;
Recalling its Resolution CSS(81)6 on the 12th report submitted by the Swedish Government in pursuance of paragraph 1 of Article 74 of the Code as modified by the Protocol,
Finds that Sweden continues to give full effect to the provisions of Parts II and VIII of the Code and Parts III, IV, V, VII, IX and X of the Code as modified by the Protocol; CONFIDENTIAL
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APPENDIX XIV (item 8)
RESOLUTION CSS (82) 7
ON THE APPLICATION OF THE EUROPEAN CODE OF SOCIAL SECURITY BY DENMARK (Period from 1 July 1979 to 30 June 1980)
(adopted by the Committee of Ministers on 16 March 1982 at the 344th meeting of the Ministers' Deputies)
The Committee of Ministers,
In the exercise of the functions conferred upon it by Article 75 of the European Code of Social Security (hereinafter referred to as the "Code"), with a view to supervising the application of that instrument by the Contracting Parties;
Whereas the Code, signed on 16 April 1964, entered into force on 17 March 1968 and since 17 February 1974 has been binding on Denmark, which ratified it on 16 February 1973;
Whereas when ratifying the Code, the Danish Government stated that it accepted, in addition to the parts which must be applied by every Contracting Party (Parts I, XI, XII, XIII and XIV), the following parts of the Code:
- Part II on "medical care", - Part IV on "unemployment benefit", - Part V on "old-age benefit", - Part VI on "employment injury benefit", - Part VII on "family benefit", - Part VIII on "maternity benefit", - Part IX on "invalidity benefit";
Whereas the Danish Government has subsequently, on 10 June 1980, accepted Part III on "sickness benefit";
Whereas, in pursuance of paragraph 1 of Article 74 of the Code, the Danish Government submitted on 3 February 1981 its 7th annual report on the application of the Code for the period from 1 July 1979 to 30 June 1980; CONFIDENTIAL
CM/Del/Concl(82)344 - a42 - Appendix XIV
Whereas, in accordance with paragraph 4 of Article 74, that report was examined by the ILO Committee of Experts for the Application of Conventions and Recommendations at its meeting in March 1981;
Whereas, in accordance with paragraph 5 of Article 74, that report and the conclusions adopted thereon by the above-mentioned committee were examined by the Steering Committee for Social Security of the Council of Europe at its meeting in November 1981;
Having considered the conclusions reached by the Steering Committee for Social Security after examination of the aforesaid documents;
Recalling its Resolution CSS (81)7 on the 5th and 6th reports by the Danish Government pursuant to paragraph 1 of Article 74 of the Code,
Finds: a. that Denmark continues to give full effect to the provisions of Parts II, IV, V, VII, VIII and IX of the Code and that it also gives full effect to Part III of the Code; b. - that, with regard to Part VI (employment injury benefit, Article 38 in conjunction with Article 36), the Danish Government, in response to the request made to it in Resolution CSS(81)7 to indicate whether the amount of the old-age pension and compensation to which a beneficiary is entitled under Act No. 79 of 1978 on reaching pensionable age corresponds to the percentages fixed by the Code for employment injury benefits, states that the old-age pension replacing the employment injury benefit is granted at the full rate; however, the statistical data provided by the Government in its report concerning old-age pension refer to Article 67 of the Code which cannot be used for the application of Part VI; it will therefore be necessary to state on the basis of the standards required under Article 65 or Article 66 of the Code, whether the amount of the old-age pension replacing the compensation for total loss of earning capacity or the survivors' benefit (granted under Act No. 79) is at least equal to the percentage prescribed by Part VI of the Code for a standard beneficiary in the corresponding contingencies, regardless of any qualifying period (50 and 40 per cent respectively) (1). The old-age pension paid instead of employment injury benefit should, moreover, be calculated without taking into account any conditions of qualifying period or any means test, both of which are found in the Danish old-age insurance scheme;
- that the information requested in Resolution CSS (81)7 and supplied in the 7th report concerning the payment of benefits to the surviving spouse shows that the relevant provisions of the Code may be considered to be sufficiently applied in practice;
(1) The Government might also take into consideration for these calculations the allowance granted - throughout life - for "permanent disability" under Section 28 of the Act. CONFIDENTIAL
- a43 - CM/Del/Concl(82)344 Appendix XIV
c. that, with regard to Part VI (employment injury benefit, Article 38 in conjunction with Article 68.e and f), under Article 14, paragraph 1, of Act No. 79 of 1978, benefits for loss of earning capacity or permanent disability may be reduced or withheld if the person concerned has caused the employment injury or substantially contributed to it "by any act or omission involving a manifest risk of injury". Since under Article 68.e and f of the Code the possibility of suspending a benefit is confined to cases where the act or omission in question amounts to wilful misconduct or constitutes a criminal offence, it would be desirable to have examples of the practical applications of the above-mentioned provision of the 1978 Act;
Resolves: i. with regard to Part VI (employment injury benefit, Article 38 in conjunction with Article 36) to invite the Danish Government to indicate, on the basis of the standards required under Article 65 or Article 66 of the Code, whether the amount of the old-age pension replacing the compensation for total loss of earning capacity or the survivors' benefit (granted under Act No. 79) is at least equal to the percentage prescribed by Part VI of the Code for a standard beneficiary in the corresponding contingencies, regardless of any qualifying period; ii. with regard to Part VI (employment injury benefit, Article 38 in conjunction with Article 68.e and f), to invite the Danish Government to provide in its next report examples of the practical applications of Article 14 paragraph 1 of Act No. 79 of 1978; iii. to postpone the final decision as to the conformity of the Danish legislation with the provisions of Part VI mentioned under points i. and ii. above, until the supervisory bodies referred to in Article 74 of the Code have had an opportunity of examining the information requested.
CONFIDENTIAL
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APPENDIX XV (item 8)
RESOLUTION CSS (82) 8
ON THE APPLICATION OF THE EUROPEAN CODE OF SOCIAL SECURITY BY IRELAND (Period from 1 July 1979 to 30 June 1980)
(adopted by the Committee of Ministers on 16 March 1982 at the 344th meeting of the Ministers' Deputies)
The Committee of Ministers,
In the exercise of the functions conferred upon it by Article 75 of the European Code of Social Security (hereinafter referred to as the "Code"), with a view to supervising the application of that instrument by the Contracting Parties;
Whereas the Code, signed on 16 April 1964, entered into force on 17 March 1968 and since 17 February 1972 has been binding on Ireland, which ratified it on 16 February 1971;
Whereas, when ratifying the Code, the Irish Government stated that it accepted, in addition to the parts which must be applied by every Contracting Party (Parts I, XI, XII, XIII and XIV), the following parts of the Code:
- Part III on "sickness benefit", - Part IV on "unemployment benefit", - Part V on "old-age benefit", - Part VII on "family benefit", - Part X on "survivors' benefit";
Whereas, in pursuance of paragraph 1 of Article 74 of the Code, the Irish Government submitted on 8 October 1980 its 9th annual report for the period from 1 July 1979 to 30 June 1980; CONFIDENTIAL
CM/Del/Concl(82)344 - a46 - Appendix XV
Whereas, in accordance with paragraph 4 of Article 74, that report was examined by the ILO Committee of Experts for the Application of Conventions and Recommendations at its meeting in March 1981;
Whereas, in accordance with paragraph 5 of Article 74, that report and the conclusions adopted thereon by the above-mentioned committee were examined by the Steering Committee for Social Security of the Council of Europe at its meeting in November 1981;
Having examined the conclusions reached by the Steering Committee for Social Security following examination of the aforesaid documents;
Recalling its Resolution CSS (81)8 on the 8th report submitted by the Government of Ireland in pursuance of paragraph 1 of Article 74 of the Code,
Finds:
a. that Ireland continues to give full effect to the provisions of Parts III, IV, V and VII of the Code; b. that, with regard to Part VII (family benefit, Article 44), the statistical data requested in Resolution CSS(81)8 and provided in the 9th report confirm that the total value of benefits granted in that respect attain the level prescribed by the Code;
c. that, with regard to Part X (survivors' benefit, Articles 60 and 62), the information requested in Resolution CSS(81)8 and provided in the 9th report shows that the changes introduced by the amending Acts of 1978 (Section 16) and 1980 (Section 12) to the definition of the term "orphan" appearing in the Social Welfare Act, 1952, make it possible to provide henceforth the protection laid down by the Code - in the event of the death of a mother who was the breadwinner - for children whose father, still alive, is not entitled to insurance benefits or who are not dependent on him and that consequently Ireland gives full effect to the provisions of Part X of the Code. CONFIDENTIAL
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APPENDIX XVI (item 8)
RESOLUTION CSS (82) 9
ON THE APPLICATION OF THE EUROPEAN CODE OF SOCIAL SECURITY BY SWITZERLAND (Period from 1 July 1979 to 30 June 1980)
(adopted by the Committee of Ministers on 16 March 1982 at the 344th meeting of the Ministers' Deputies)
The Committee of Ministers,
In the exercise of the functions conferred upon it by Article 75 of the European Code of Social Security (hereinafter referred to as the "Code"), with a view to supervising the application of that instrument by the Contracting Parties;
Whereas the Code, signed on 16 April 1964, entered into force on 17 March 1968 and since 17 September 1978 has been binding on Switzerland, which ratified it on 16 September 1977;
Whereas, when ratifying the Code, Switzerland stated that it accepted, in addition to the parts which must be applied by every Contracting Party (Parts I, XI, XII, XIII and XIV), the following parts of the Code:
- Part V on "old-age benefit", - Part VI on "employment injury benefit", - Part VII on "family benefit", - Part IX on "invalidity benefit", - Part X on "survivors' benefit";
Whereas, in pursuance of paragraph 1 of Article 74 of the Code, the Swiss Government submitted on 14 October 1980 its 2nd annual report on the application of the Code for the period from 1 July 1979 to 30 June 1980; CONFIDENTIAL
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Whereas, in accordance with paragraph 4 of Article 74, that report was examined by the ILO Committee of Experts for the Application of Conventions and Recommendations at its meeting in March 1981;
Whereas, in accordance with paragraph 5 of Article 74, that report and the conclusions adopted concerning it by the above-mentioned committee were examined by the Steering Committee for Social Security of the Council of Europe at its meeting in November 1981;
Having considered the conclusions reached by the Steering Committee for Social Security after examination of the aforesaid documents;
Recalling its Resolution CSS (81)9 on the 1st report submitted by the Swiss Government in pursuance of paragraph 1 of Article 74 of the Code,
Finds:
a. that Switzerland gives full effect to the provisions of Parts V, VII and X of the Code;
b. that, with regard to Part VI (employment injury benefit, Article 38) and Part IX (invalidity benefit, Article 58) in conjunction with Article 68, clauses e and f, the information requested in Resolution CSS(81)9 and supplied in the 2nd report show that the reduction or suspension of benefits allowed by Article 98 of the Federal Sickness and Accident Insurance Act (13 June 1911) and Article 7 of the Federal Invalidity Insurance Act (19 June 1959) in cases of grave misconduct is practised as a rule on a limited scale, it being required in most cases that the misconduct be wilful.
However, in certain cases, grave misconduct alone on the part of the insured person or his close family can result in the reduction or suspension of the benefits in question (including medical care, under accident insurance);
- that, with regard to the application of Article 98 of the Act of 1911, it appears that the new Accident Insurance Act which has just been passed - and will enter into force in 1983 - provides that in the event of an occupational accident, benefits can be reduced only because of wilful misconduct, gross negligence or a criminal offence;
- that, with regard to Article 7 of the Act of 1959, the necessary changes might be introduced during the tenth revision of the legislation on old-age insurance and could thus contribute to bring the national legislation into full conformity with the Code on this point; CONFIDENTIAL
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Resolves: i. with regard to Part VI (employment injury benefit, Article 38) and Part IX (invalidity benefit, Article 58) in conjunction with Article 68, clauses e. and f.,
. to invite the Swiss Government to provide, in its next report, the text of the new accident insurance Act which will enter into force in 1983;
. to invite the Swiss Government to state, in its next report, the amendments, if any, made to Article 7 of the Act of 1959 during the tenth revision of the legislation on old-age insurance; ii. to postpone the decision as to the conformity of the Swiss legislation with the provisions mentioned under point i. until the supervisory bodies referred to in Article 74 of the Code have had an opportunity of examining the information requested.
CONFIDENTIAL
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APPENDIX XVII (item 8)
RESOLUTION CSS (82) 10
ON THE APPLICATION OF THE EUROPEAN CODE OF SOCIAL SECURITY BY THE UNITED KINGDOM (Period from 1 July 1979 to 30 June 1980)
(adopted by the Committee of Ministers on 16 March 1982 at the 344th meeting of the Ministers' Deputies)
The Committee of Ministers,
In the exercise of the functions conferred upon it by Article 75 of the European Code of Social Security (hereinafter referred to as the "Code"), with a view to supervising the application of that instrument by the Contracting Parties;
Whereas the Code, signed on 16 April 1964, entered into force on 17 March 1968 and since 13 January 1969 has been binding on the United Kingdom, which ratified it on 12 January 1968;
Whereas when ratifying the Code, the United Kingdom stated that it accepted, in addition to the parts which must be applied by every Contracting Party (Parts I, XI, XII, XIII and XIV), the following parts of the Code:
- Part II on "medical care", - Part III on "sickness benefit", - Part IV on "unemployment benefit", - Part V on "old-age benefit";
Whereas, in pursuance of paragraph 1 of Article 74 of the Code, the United Kingdom Government submitted on 25 November 1980 its 12th annual report on the application of the Code for the period from 1 July 1979 to 30 June 1980; CONFIDENTIAL
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Whereas, in accordance with paragraph 4 of Article 74, that report was examined by the ILO Committee of Experts for the Application of Conventions and Recommendations at its meeting in March 1981;
Whereas, in accordance with paragraph 5 of Article 74, that report and the conclusions adopted thereon by the above-mentioned committee were examined by the Steering Committee for Social Security of the Council of Europe at its meeting in November 1981;
Having considered the conclusions reached by the Steering Committee for Social Security after examination of the aforesaid documents;
Recalling its Resolution CSS (81)10 on the 10th and 11th reports by the United Kingdom Government in pursuance of paragraph 1 of Article 74 of the Code,
Finds that the United Kingdom continues to give full effect to the provisions of Parts II, III, IV and V of the Code.