COUNCIL CONSEIL
OF EUROPE DE L'EUROPE
COMMITTEE OF MINISTERS
CONFIDENTIAL CM/Del/Concl(91)458
Conclusions
of the
458th Meeting of the Ministers' Deputies
held in Strasbourg from 21 to 23 May, on 27 May and on 7 June 1991
Strasbourg
458th meeting - May 1991
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SUMMARY
Page
1. Adoption of the Agenda 7
Political and General Policy Questions
2. Political aspects of European co-operation and of current international events (Resolution (84)21) 9
3. Relations with countries of Central and Eastern Europe 11
4. Communication from the Secretary General 15
5. Conferences of Specialised Ministers - State of preparation 25
6. Committee of Ministers - Follow-up to the 88th Session (Strasbourg, 25 April 1991) 29
7. The Ministers' Deputies ad hoc working party on questions relating to the Statute of the Council of Europe 31
8. Parliamentary Assembly - 1st part of the 43rd Ordinary Session (Strasbourg, 22-26 April 1991)
a. Texts adopted 37
b. Evaluation of the Sesssion 39
c. Parliamentary questions for oral reply by the Chairman of the Committee of Ministers 43
9. Preparation of the Joint Committee (Helsinki, 26 June 1991) 45
10. Appointment of the Clerk of the Assembly having the rank of Deputy Secretary General 47
11. Liaison Committee between the Council of Europe and Management and Labour (LCML) - Report of the 8th meeting (Strasbourg, 12 March 1991) 49
12. Council of Europe contribution to the meeting of experts of the CSCE on national minorities (Geneva, July 1991) 51
13. Situation in Cyprus 53
14. Exchange of views on the United Nations: consideration of general and long-term perspectives of the Organisation (Strasbourg, 7 June 1991) 55
15. Gift from the Netherlands on the occasion of the construction of the new Human Rights Building 57 CM/Del/Concl(91)458 - ii -
[39. Situation of the Iraqi Kurdish population and other persecuted minorities - Reception and settlement of refugees in Turkey - Assembly Recommendations 1150 and 1151 (1991) 131]
Human Rights
16. European Convention and European Committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT) - Exchange of views with Mr Antonio Cassese, President of the CPT 59
17. Equal opportunities and equal treatment for women and men on the labour market - Assembly Recommendation 1146 (1991) 69
18. Status of the European Committee for Equality between Women and Men (CEEG) 73
19. European Social Charter - 11th Supervision cycle of the application of the Charter (1st group of States) (1986 - 1987) - Assembly Opinion No 156 (1991) 75
20. European Social Charter - Report of the Governmental Committee to the Committee of Ministers proposing a form for the application of the Protocol to the European Social Charter 77
Legal Questions
21. Interpretation of certain provisions of the European Convention for the prevention of torture and inhuman or degrading treatment or punishment 79
[40. European Commission for Democracy through Law - Application from Canada for observer status 135]
Social and Economic Questions
22. Drug misuse and illicit trafficking and the question of legalisation - Assembly Recommendation 1141 (1991) 83
23. Steering Committee on Social Policy (CDPS) - Report of the 6th meeting (Strasbourg, 4-6 March 1991) 87
24. Labelling of quality food products - Assembly Recommendation 1142 (1991) 89
[42. Accession of Finland to the Social Development Fund 151]
Education, Culture and Sport
25. Informal meeting of European Sports Ministers (Budapest, 16-18 April 1991) - Secretary General's report
26. Committee for the Development of Sport (CDDS) - Report of the 14th meeting (Strasbourg, 5-7 March 1991) 91 - iii - CM/Del/Concl(91)458
27. Standing Committee of the European Convention on spectator violence and misbehaviour at sports events and in particular at football matches (T-RV) - Report of the 9th meeting (Strasbourg, 31 January-1 February 1991) 93
Environment and Local Authorities
28. Ad hoc Committee of experts on regional and minority languages in Europe (CAHLR) - Report of the 4th meeting (Strasbourg, 28-30 January 1991) 95
29. Relations between animal husbandry and the quality of the environment - Assembly Recommendation 1143 (1991) 97
30. Situation of frontier populations and workers - Assembly Recommendation 1144 (1991) 99
31. Standing Conference on Local and Regional Authorities of Europe (CLRAE) - Date of the 27th Session 103
Information Policy
32. Redefinition of Special Account Publications 105
Administrative questions
33. Council of Europe Budgets
a. 1991 budgetary situation 107
b. General outline of prospects for the 1992 budget 115
c. Budgetary procedure 117
34. Appeals Board - Appointment of two substitute members 119
35. The Soviet Union's Contributions for 1991 arising under the European Cultural Convention 123
36. Contribution of Yugoslavia to the European Pharmacopoeia 125
37. Preparation of forthcoming meetings 127
[38. Contribution of Poland to the Pompidou Group 129]
[41. Accomodation and equipment needs of the European Pharmacopoeia Commission 137]
Other Business
38. Contribution of Poland to the Pompidou Group 129
39. Situation of the Iraqi Kurdish population and other persecuted minorities - Reception and settlement of refugees in Turkey - Assembly Recommendations 1150 and 1151 (1991) 131 CM/Del/Concl(91)458 - iv -
40. European Commission for Democracy through Law - Application from Canada for observer status 135
41. Accomodation and equipment needs of the European Pharmacopoeia Commission
a. Meeting of 13 May 1991 137
b. Meeting of 23 May 1991 145
42. Accession of Finland to the Social Development Fund 151
APPENDICES
APPENDIX 1 458th MEETING OF THE MINISTERS' DEPUTIES (Strasbourg, 21 (3pm) - 23 May 1991 - A Level, 27 (3pm) May 1991 - B Level 7 June 1991 - A Level) Agenda a1
APPENDIX 2 460th MEETING OF THE MINISTERS' DEPUTIES (Strasbourg, 17 (11am) June 1991 - B Level, 18 (3pm) - 21 June 1991 - A Level) Draft Agenda a7
APPENDIX 3 RESOLUTION ChS (91)1 (item 19) concerning the implementation of the European Social Charter during the period of 1986-1987 - 11th Supervision Cycle - 1st group of States a13
APPENDIX 4 Form for the application of the Protocol (item 20) to the European Social Charter a15
APPENDIX 5 Decision No CM/504/270591 (item 30) Ad hoc terms of reference (CDLR) a27
APPENDIX 6 Decision No CM/505/270591 (item 30) Ad hoc terms of reference (CDSS) a29
APPENDIX 7 RESOLUTION (91)7 (item 33a) concerning the Ordinary Budget for the Financial Year 1991 a31
APPENDIX 8 RESOLUTION (91)8 (item 33a) concerning the open Partial Agreement on the co-operation group for the prevention of, protection against, and organisation of relief in major natural and technological disasters a35 458th meeting - May 1991
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The 458th meeting of the Deputies opened at A level on Tuesday, 21 May 1991 at 3 pm under the Chairmanship of Mrs I. Larsson, Deputy for the Minister for Foreign Affairs of Sweden. The meeting at B level at 3 pm on Monday, 27 May 1991 took place under the Chairmanship of Mr Y. Moret, Deputy for the Head of the Federal Department of Foreign Affairs of Switzerland.
PRESENTS
AUSTRIA Mr W. Sautter Mrs E.-M. Koprolin
BELGIUM Mr H. Fonder Miss C. Taquet
CYPRUS Mr A. Shambos Mr M. Hadjimichael
CZECH AND SLOVAK Mr C. Cisar FEDERAL REPUBLIC Mr J. Capek Mr J. Svoboda
DENMARK Mr E.V. Quaade
FINLAND Mr D. Vitzthum Mrs U. Väistö Mr P. Hyvönen
FRANCE Mr P. de Boisdeffre Mr S. Hofmann
GERMANY Mr C. von Schubert Mr K. Praller
GREECE Mr L. Mavromichalis Mr J. Corantis Mr L.-A. Ambatis Miss N.N.E. Vraïla
HUNGARY Mr A. Rakovszky Mr I. Zelnik
ICELAND Mr A. Gudmundsson
IRELAND Mr L. Rigney Mr E. Noonan
ITALY Mr U. Toffano Mr D. Vecchioni Mr R. Pietrosanto Mr G. Raimondi CONFIDENTIAL
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LIECHTENSTEIN Mr R. Marxer Mr D. Ospelt
LUXEMBOURG Mr P. Faber
MALTA Mr Ch. Cremona
NETHERLANDS Mrs A. Nierman Mr A. Bijlsma
NORWAY Mr S. Knudsen Mr D.M. Halvorsen
PORTUGAL Mr G.A. de Santa Clara Gomes Miss M.J. Morais Pires
SAN MARINO Mr P.G. Guardigli Miss F. Bigi
SPAIN Mr J.M. Lacleta Mr S. Martinez-Caro
SWEDEN Mrs I. Larsson, Chairman Mr B. Hedberg Mr M. Ekengren
SWITZERLAND Mr Y. Moret, Vice-Chairman Mr J.-P. Villard
TURKEY Mr S. Köksal Mr C. Altan Mr Y. Belet Miss I. Musluer Mrs D. Akçay
UNITED KINGDOM Mr N.H. Marshall Mr J. Jamieson Mr A. Staunton
POLAND Mr R. Kuzniar Miss I. Kowalczyk
Poland has been invited to attend enlarged sittings of meetings of the Ministers' Deputies. 458th meeting - May 1991
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At the opening of the meeting, the Chairman made the following statement:
"In my capacity as Chairman of the Ministers' Deputies, I shall be making a brief intervention during the evening of 23 May at an international seminar entitled "The Council of Europe, the European Community and their parliamentary democracies", at the invitation of the President of the Parliamentary Assembly. This seminar, taking place in this house, is being organised jointly by the International Institute for Democracy and the International Centre for European Studies, based in Nice, under the auspices of the European Cultural Fund's "East-West Parliamentary Practice Project". The participants in this seminar are a number of parliamentarians from countries of Central and Eastern Europe.
Next week, on Friday, 31 May, I shall represent the Committee at the official inauguration in Bern of the 21st Council of Europe art exhibition, on the theme 'Emblems of Liberty: the image of the Republic in the art of the 16th to 20th century'.
On 4 June there will be a meeting of the Governing Body of the Social Development Fund of the Council of Europe. I will attend this meeting in my capacity as the Permanent Representative of Sweden to the Council of Europe; I also intend, as Chairman of the Ministers' Deputies, to take the floor during this meeting in order to congratulate the Governing Body, the President and the Governor of the Fund on the occasion of its 35th anniversary.
I would also like to propose that, in his capacity as Chairman of the Rapporteur Group on legal co-operation, Mr Lacleta attend the informal meeting of Ministers of Justice which will take place in Ottawa and Montreal in July this year. As I see no objections to these proposals, we shall proceed as such. CONFIDENTIAL
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The 4th Quadripartite Meeting between the Council of Europe and the European Community was held in Strasbourg on 15 May 1991 at 5.00 pm, with the participation for the European Community of Mr. Jacques Poos, President of the Council of Ministers and Minister for Foreign Affairs of Luxembourg, and Mr. David Williamson, Secretary General of the Commission, replacing Mr. Jacques Delors, who was announced but at the last minute did not appear. The Council of Europe was represented by Mr. Sten Andersson, Chairman in office of the Committee of Ministers, and by our Secretary General, Mrs. Catherine Lalumière.
The Communique was distributed on a special navette on 16 May in the morning, and the full report will be available this week. I wish to stress that the meeting took place in a very good atmosphere. The discussion, which was frank and open, concentrated on the most important subjects: pan-European co-operation and the intergovernmental conferences of the Twelve. A press conference followed the meeting.
I wish to express my sincere thanks, in the name of my Minister, through the Ambassador of Luxembourg, to Mr. Jacques Poos, who managed in a very difficult period and notwithstanding an overloaded agenda, to find the necessary time for this Quadripartite Meeting, and to our Secretary General who played an active and dynamic role in the discussion."
The Chairman later informed the Deputies of a letter received from the Permanent Representative of Hungary, notifying the Committee of Ministers of his authorities' intention to organise an exhibition in Strasbourg of the work of the Hungarian painter György Ezüdy.
In this letter he requested authorisation to hold this exhibition, due to take place in January 1992, in the foyer of the hemicycle of the Palais de l'Europe. This was agreed to.
At a later stage in the meeting, at B level, the Chairman welcomed Mr Jan Capek, who had recently taken up his duties as Deputy Permanent Representative of Czechoslovakia.
He also welcomed to the Committee Mr Andrew Staunton, newly appointed as the Deputy to the Permanent Representative of the United Kingdom. 458th meeting - May 1991
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At the end of the same meeting, the Representative of Cyprus, in his capacity as the new Dean of the Deputies at B level, bade farewell to his colleague Mr Fernando Ramos Machado, who was attending his last meeting of the Committee. He praised his colleague's work both as Deputy Permanent Representative of Portugal, and as outgoing Dean, both of which responsibilities he had carried out in an excellent manner. His presence in both capacities had left its mark and would long be remembered after his departure.
The new Dean praised his colleague's professional skills, unfailing good humour and courtesy, his adherence to perfectionism and his gentleness, also noting that Mr Machado would be remembered for his choice of turtles as housepets; he hoped that his habits would not change after 3-4 years in China, his next post, to the extent of demanding turtle soup in restaurants on his return to Europe. Finally, he wished his departing colleague health, happiness and success in his work in the years ahead, and hoped that the fact of going so far away would not mean cutting his ties with Strasbourg and the Council.
The Representative of Portugal thanked his colleague for his generous words, noting that they bore witness to the friendship which characterised relations between the members of the community of the Permanent Representations. Over six years he had looked at the Organisation from different sides, enabling him to have a fairly complete picture, though he did not pretend to know the Council of Europe, which represented his first contact with an International Organisation, in detail. It seemed to him difficult not to enjoy working with such an Organisation, whose principles were Democracy, Human Rights, and the Rule of Law.
He mentioned his good luck to have taken part in the profound changes which had taken place, over several years, in Europe, to which moreover the Council of Europe had contributed in no small degree, and which had already allowed the beginning of the enlarging of the Deputies' circle. He was also privileged to have worked with such a competent and devoted Secretariat, to which he paid tribute, and he emphasised again the good relations, both personal and professional, with all his colleagues, to whom he offered his best wishes for their happiness and success.
It was with sadness that he was now leaving, but just as Europe opened up to the world - and he recalled the creation of the North-South Centre in Lisbon - the Deputies too should open themselves to the world and try to spread throughout the world the principles on which the Council of Europe was based. That, he concluded, was what he, in all possible ways, would try to do.
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1. ADOPTION OF THE AGENDA
Decision
The Deputies adopted the agenda for their 458th meeting (21-23 May 1991 - A level and 27 May 1991 - B level) as it appears at Appendix 1 to these Conclusions.
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2. POLITICAL ASPECTS OF EUROPEAN CO-OPERATION AND OF CURRENT INTERNATIONAL EVENTS (Resolution (84)21) (Concl(91)456/2)
The Chairman indicated that a consensus had emerged to hold:
- an exchange of views with a representative (Minister or Secretary of State) of the Ministry for Foreign Affairs of Yugoslavia at the 460th meeting (June 1991), if he were able to come to Strasbourg;
- an exchange of views with a senior official of Bulgaria at the 461st meeting (September 1991).
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3. RELATIONS WITH COUNTRIES OF CENTRAL AND EASTERN EUROPE (Concl(91)456/3, Misc(91)26 and 28)
The Chairman referred to the discussions of the Enlarged Rapporteur Group on relations with countries of Central and Eastern Europe on 21 May 1991.
Relations with Bulgaria
The Chairman noted that there was general agreement to pursue the co-operation programmes with Bulgaria as set out in document Misc(91)20 as well as concerning the financial conditions for Bulgaria's accession to the European Cultural Convention.
Relations with Romania
The Chairman referred to the preliminary oral report on the visit of a delegation of the Secretariat to Romania from 13 to 15 May 1991 given at the Enlarged Rapporteur Group on relations with Central and Eastern European countries. The Chairman proposed to postpone the discussions on relations with Romania to the next meeting.
The Director of Political Affairs pointed out: that the proposals for co-operation projects with Romania included a second mission of experts on constitutional reform to be organised in June 1991, and proposed that the Committee give its approval for this mission.
Relations with Albania
The Secretary General presented the programme of the visit of the Chairman of the Committee of Ministers and herself to Albania on 23 and 24 May 1991.
Prospects for developing programmes of co-operation and assistance
The Representative of Ireland referred to item 4 of the document on the extension of co-operation and assistance programmes to infra- state entities (Misc(91)26), and expressed his concern that co-operation projects with infra-state entities may be interpreted as an encouragement towards separatism. He therefore emphasised the need to select and carry out these projects with great care.
The Representative of Austria referred to earlier co-operation projects carried out with regional entities and noted that the pragmatic approach adopted by the Council of Europe had not given cause to conflicts. CONFIDENTIAL
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In reply to a question from the Representative of Norway the Director of Political Affairs recalled that in the case of a negative reaction by the central authorities concerning a proposed activity, the Committee would be informed of the situation in order to be able to take a decision on a case by case basis.
The Representative of Austria proposed that the Enlarged Rapporteur Group on Relations with Central and Eastern European countries would discuss the prospects for developing programmes of co-operation and assistance at its next meeting in June.
The Council of Europe's Information and Documentation Centre in Warsaw
The Director of Political Affairs recalled the decision of the Committee to maintain the Information and Documentation Unit of the Council of Europe in Warsaw and to improve its working conditions by a better insertion in an existing institution. He noted that the proposal on the transfer of the Unit within the framework of the European Studies Research Centre of the University of Warsaw was in conformity with the criteria set out by the Committee.
The Representative of the Netherlands asked for more detailed information on the repartition of the expenses of the Research Centre between the European Communities, the Council of Europe and the Polish authorities.
The Representative of Switzerland recalled that an Agency for the Development of Local Democracy in Poland had been set up upon a Swiss initiative and inquired if co-ordination of the activities with the Council of Europe Information and Documentation Centre was considered.
The Representative of Norway recalled the decision of the Committee to restrict the involvement of the Council of Europe to a lump-sum contribution and not to assume employers' responsibilities.
The Representative of Austria referred to the objectives and tasks of the Centre as defined on page 2 of document Misc(91)28 and pointed out that the Council of Europe should keep to its originally defined mandate.
The Director of Political Affairs recalled that after its transfer within the European Economic Community and European Studies Research Centre of the Warsaw University, the Information Unit of the Council of Europe would constitute a separate unit of the Research Centre and as such would pursue its mandate as originally defined. The arrangement consisting in a lump-sum contribution for the activities of the Centre would not put the Council of Europe in an employer's position. The estimation of the contribution of the Polish side is difficult as it consists of putting at the disposal offices, equipment, staff and material provisions. He recalled that the Information Centre of the Council of Europe will maintain close contacts with the Agency for Local Democracy in order to avoid any duplication of activities. CONFIDENTIAL
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Concluding the discussion, the Chairman noted the Committee's general agreement in favour of the extension of co-operation and assistance programmes (in particular the "Demosthenes" programme) to infra-state entities (Republics) along the general lines of the Secretariat proposals as described in document Misc(91)26.
However, the Secretariat should act with prudence and discerning in the implementation of this action on which the Committee of Ministers will be regularly informed beforehand. It would be advisable in particular not to interfere in the internal political discussions in countries of Central and Eastern Europe.
Concerning the Council of Europe Information and Documentation Unit in Warsaw - and following up the decision taken at the 452nd meeting of the Deputies (February 1991, item 3) - the Committee took note of the Secretariat proposals aiming at transferring the Unit to the European Economic Community and European Studies and Research Centre of Warsaw University (see document Misc(91)28).
The Council of Europe will make a fixed-sum contribution to cover specific expenses undertaken for the running of this Unit.
Decisions
The Deputies
1. decided to fix Bulgaria's contributions to the Cultural Fund and the Sports Fund for 1991 and the following years at the sum resulting from the application of the schedule for normalising the financial contributions of the countries of Central and Eastern Europe approved at the 442nd meeting;
2. noted the co-operation programmes with Bulgaria, as set out in document Misc(91)20;
3. invited Bulgaria to participate as an observer in the work of intergovernmental committees in which it showed an interest.
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4. COMMUNICATION FROM THE SECRETARY GENERAL
1. Informal meeting of the European Ministers responsible for Sport (Budapest, 17 April 1991)
The Secretary General said that this meeting, held at the Hungarian Government's initiative, had been the first of its kind at pan-European level and had been a great success. Thirty-one of the thirty-two States invited had been represented at ministerial level. She added that inviting many leading international and European sports organisations to this meeting had been a happy initiative, and that their presence had proved very useful. All the participants had considered that the Council of Europe was very well placed to implement pan-European co-operation in this field, firstly because its geographical framework was becoming increasingly pan-European, and secondly because of the ethical and other values it embodied, particularly through the "Sport for all" principle. It had also been regarded as very well placed in having a number of legal instruments to serve as a basis for pan-European co-operation in this area, ie the European Cultural Convention and the Conventions on violence and doping in sport, as well as various relevant working instruments, ie the ministerial Conferences, the CDSS and links with specialised NGOs.
The Secretary General then listed the five main ideas which had emerged at the meeting:
- maximum assistance for the countries of Eastern Europe on reforming, restructuring and de-politicising their sports policies, through bilateral initiatives and also through multilateral contacts via the CDSS;
- further work on a common legal framework for sport, taking the form of a European "Sport for all" Convention, based on the European Sport for all Charter. The idea here would be to transform the European Charter into a Convention, thus giving it added legal weight;
- participants at the meeting, and particularly the representatives of the countries of Central and Eastern Europe, had stressed that the resources available for sport, including those in the Council of Europe's Sport Fund, needed to be increased;
- organisation of a sports event symbolising the new Europe and involving all the States party to the European Cultural Convention;
- stronger links between the Council of Europe and other public or private organisations active in the field of sport, including the European Sports Conference. CONFIDENTIAL
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She stressed that several delegations had not been particularly favourable to a symbolic sports event, feeling that many other events were already being organised. Other delegations, however, had strongly supported the idea.
She thought that dialogue between the Council of Europe and the European Community should be stepped up to prevent the emergence of a two-speed sports Europe.
She also said that all the ideas raised at the meeting would be discussed at the Ministerial Conference, which was to be held in Rhodes in 1992 and would provide an opportunity to take a number of decisions. Finally, she referred to the French proposal for an informal meeting in 1993 on "Sport and Money", which seemed a particularly suitable theme for a Conference of this nature.
The Secretary General thanked the Hungarian Government for having had the idea of holding this meeting, which had been very successful and very timely. She paid tribute to the warmth of the welcome, the efficiency of the organisation and the hospitality extended to the participants. The perfect conditions and the constructive and relaxed atmosphere in which the meeting had been held made it possible to speak of a "Budapest spirit". Outside the meeting proper, she had also met the Prime Minister of Hungary, with whom she had discussed his country's political problems, and had had a working breakfast with the Minister for Foreign Affairs. She asked the Hungarian Permanent Representative to thank his authorities for organising this event so impeccably.
The Representative of Hungary thanked the Secretary General for attending the Budapest meeting and contributing to its success. He was pleased that she had been satisfied, and would convey this to his authorities.
2. CSCE Symposium on the Cultural Heritage (Cracow, 28 May - 7 June 1991)
The Secretary General reminded the Committee that the Council of Europe had been invited, in the Charter of Paris, to contribute to the Cracow Symposium on the Cultural Heritage. She would be speaking at the opening session, which would be held on 28-29 May. The draft text of the speech which she would be delivering in Cracow had been circulated to the Deputies, and she apologised for its late dispatch, which was largely due to the Whit weekend holiday. She thought that the Deputies might wish to resume discussion of this text at a later stage of the meeting. The draft itself was largely inspired by the report of the Ministerial Conference, recently held in Leon, and took up some of the proposals which she had made at that meeting. As she had done in Leon, she intended to remind the Cracow meeting of the Council of Europe's work in the cultural field and make some proposals on future action, proposals which would be consistent with the Council of Europe's brief and activities. The ideas which she had put forward in Leon had been generally well received, but the Conference had taken no decisions on them, not being empowered to do so. It was up to the Committee of Ministers and first the CDCC - to which the draft speech would be sent at the end of the week - to take decisions in this CONFIDENTIAL
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field. The reactions of the CSCE member States in Cracow would provide a useful indication of their interest. If the ideas advanced matched a need, that need should ideally be pin-pointed before decisions were taken at the Council of Europe. She would attend the opening session only, and MM Berg, Weber, Ballester and Therond would be participating in the various working parties. She was down to speak at the end of the opening session, ie after the Heads of Delegation, and thought that this was not necessarily a bad thing, since she would have heard what the Heads of Delegation had to say and would be able, as it were, to reply to them.
The Representative of the United Kingdom said that he had received the document at the end of the previous week, and that it might usefully be discussed under item 3 of the agenda of the present meeting. It must be remembered that the outside world would see the Secretary General as speaking for the entire Council of Europe in Cracow. This being so, it was very important that the Deputies should consider the proposals together. He thanked the Secretary General for distributing the draft speech and for the account she gave of the Council of Europe's work in it. As for the part of the draft which concerned future action, this required some thought. The ideas presented at the Cracow Symposium should perhaps be ideas already adopted within the Council of Europe. Otherwise, there was a danger of making proposals outside which would not then be adopted within the Council itself. At the Leon Conference, for example, a cultural heritage fund had been proposed, but this proposal had not been recorded in the conclusions since the President of the Conference had not agreed with it.
At a later stage in the meeting, the Representative of France said that he had taken note with interest of the Secretary General's draft speech. It was a very full document, which took note of the projects presented in Leon, described the Council of Europe's work in the cultural field, and made practical proposals. It marked a further important contribution to thinking on this subject, but the Deputies might, with the Secretary General's approval, reword certain parts of it. Perhaps a Deputies' working party might make suggestions here. He pointed out that the experts meeting in Cracow would not be empowered to take decisions, and would thus make recommendations, which the Deputies would consider at a later stage. He agreed with most of the Committee of Ministers that existing institutions should be used, and that follow-up action on the Cracow meeting, if it proved essential, should be taken through the Council of Europe. As for the three proposals presented at the Leon Conference, and particularly those concerning the Cultural Heritage Fund, his delegation approved the ideas behind them. He thought that these proposals were interesting enough to need thorough examination. They should be turned into practical, successful initiatives and not treated as mere hypothetical suggestions. He added that the Council of Europe's Cultural Fund did not have the resources needed to operate the structure envisaged. As far as the European Cultural Heritage Fund was concerned, France was prepared to carry out a feasibility study. Proposals would then be made by a monitoring CONFIDENTIAL
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group, which would be open to any delegation, member of the Council of Europe or not. Finally, thought might be given to setting up Partial Agreement-type machinery, which would also be open to non-European States, have its own schedule of contributions, and be legally distinct from the European Cultural Convention.
The Representative of Hungary stressed the importance of the draft programme prepared at the Leon Conference, and particularly the literary translation project. Everything in Europe appeared to be focused on the West, as could be seen from the fact that the peoples of Central and Eastern Europe were familiar with Western literature, whereas the reverse was not the case. For this reason, he thought the programme an excellent one.
The Representative of Italy stressed the great interest of the draft speech submitted to the Committee. As the Representative of France had said, this was an important text addressed to the outside world, and thus deserved to be studied closely. He agreed with the Representative of Hungary on the literary translation project, and hoped that it would be looked at very carefully, either during the preparatory phase or after Cracow.
The Representative of Germany said that his authorities were receptive to the document submitted to the Committee, although this did not mean that they might not wish to make some slight changes in it.
The Representative of the Netherlands thought that the ideas put forward in the Secretary General's draft speech should be discussed within the Council of Europe before they were aired outside. She pointed out that the situation at the Leon Conference had been different, since the Secretary General had been speaking in a personal capacity. In Cracow, however, she would be speaking in pursuance of the mandate given the Council of Europe in the Charter of Paris. The Secretary General had just said that she might reply to certain speakers at the end of the opening session in Cracow. The Representative of the Netherlands felt that she could do this only in a personal capacity. Precise rules would be needed, making it clear when the Secretary General was speaking in a personal capacity and when she was speaking on behalf of the Council of Europe.
The Representative of Norway also thought it necessary to establish, before any ideas were put forward, whether these were compatible with the Council of Europe's general policy. Referring to the passage in the draft speech concerning the translation of books from lesser-known languages, he wondered which languages these were. Languages such as Finnish or Norwegian, which were not widely spoken, might well qualify. It might thus be necessary to reduce the emphasis on Eastern Europe slightly for the purpose of becoming genuinely pan-European. He also thought that the pan-European aspect of the questions raised in the Secretary General's draft speech should be given more emphasis.
The Chairman said that she had consulted a number of colleagues and suggested, in response to the United Kingdom Representative's proposal, that a drafting group consisting of the Representatives of the United Kingdom, Luxembourg, Finland and France meet to consider the draft speech. CONFIDENTIAL
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The Representative of Belgium preferred the term "task force" and thought that the Secretariat should play a very active part within it.
The Secretary General thought that the proposals embodied in the draft speech went, on the whole, in the right direction; she had noted no substantial objections. As for procedural aspects and timetables, the proposals contained in the draft speech should ideally be discussed within the Council of Europe by the CDCC and also by the Committee of Ministers, which would approve it before it was circulated at European level. The Cracow Symposium would take no decisions, but would provide an opportunity to ascertain opinions, to which the Committee of Ministers could later refer in taking decisions. She herself would have to make it clear in Cracow that no Council of Europe decision had been taken at this juncture, but that the member States were favourably disposed. She felt that great attention should be paid to the countries of Central and Eastern Europe, but wished to reassure the Representative of Norway that, if the Council of Europe pursued its cultural activities, it would naturally do so on a pan-European level. This pan-European dimension was written into the Council's history, even if Europe had for many years been divided by an ideological rift. Today the dream of the Council of Europe's founding fathers could at last be realised - the shared assets of the whole of Europe could be reunited. Of course, this process might temporarily seem to privilege the countries of Central and Eastern Europe - but it was also beneficial to the other countries of Europe. She concluded by saying that the field of culture, like the field of Human Rights, had a Greater European dimension, and that this was the spirit in which she would be representing the Council of Europe in Cracow.
The Representative of Portugal was very interested by the Secretary General's suggestion for a reversal of the roles in Cracow, with the experts present being asked to contribute. Although it would be useful to have the CDCC's view, he thought that the Committee of Ministers should itself take a clear decision on the draft speech. As the Secretary General had said, there was a very large measure of convergence on its main lines. Its three principal ideas were forward-looking, and were certainly perfectly acceptable in general terms, to all the delegations. He thus wondered whether the Deputies' working party might not keep them, while possibly toning down some of their specifics.
The Representative of Switzerland noted that the Committee seemed favourable, on the whole, to the three proposals contained in the draft speech; there had only been a few reservations on the establishment of funds. The text might thus be amended, making it slightly less specific on practical implementation of the ideas which it contained.
At a later stage of the meeting, the Representative of Luxembourg, as Chairman of the Deputies' working group, introduced the latter's amended version of the draft speech, and hoped that the Committee would be able to adopt it so that it could be referred to the CDCC. CONFIDENTIAL
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Speaking as a member of the Deputies' working party, the Representative of France said that the working party had wanted the draft to be consistent with the general guidelines laid down by the Committee of Ministers, so that the Secretary General could speak for the Organisation and not simply for herself. The text had been simplified along these lines. The three proposals referred to by the Secretary General were still in the text, however, and he hoped that the working group had taken due account of the proposals made at the Deputies' plenary meeting. With regard to the proposed European Cultural Heritage Fund, the working party had merely pointed out that public or private financial support would probably be needed.
The Representative of Poland welcomed the very active role played by the Council of Europe in preparing the Cracow Symposium. Recalling that it had contributed a number of dynamic ideas during the preparatory phase, he hoped that it would maintain its active stance at the Symposium itself. His delegation thought that the draft speech augured well for Council of Europe involvement in pan-European cultural co-operation.
The Representative of Norway was very pleased with the amended version of the draft speech, which put forward a number of new ideas while remaining realistic.
The Representative of Ireland had reservations on what the text said concerning the financing of a future European Cultural Heritage Fund; he assumed that no decision on this question would be taken in Cracow, and said that his authorities would wish to consider private funding, since experience had shown that mixed funding was hard to monitor.
The Representative of Switzerland was able to accept the text submitted, and was pleased at its reference to the European Cultural Heritage Fund.
After consideration of the Secretary General's draft speech to the CSCE Symposium on the Cultural Heritage in Cracow, the Chairman observed that the Deputies were in agreement with the revised text of the draft presented by the Deputies' working group.
3. 1st pan-European Ministerial Conference on Co-operation on Illicit Drug Abuse Problems (Oslo, 9-10 May 1991)
The Deputy Secretary General said that he had attended this Conference, which had been organised in Oslo under the auspices of the Pompidou Group, at the invitation of the Norwegian Government and on the initiative of the European Communities, following the decision taken at the Dublin Summit. The Conference itself had coincided with the 20th anniversary of the Pompidou Group. The fact that it had been organised under the Pompidou Group's auspices showed that the Group was indeed the focus of European action in this field, as the decision taken at the Dublin Summit had already indicated. He added that 24 Council of Europe member States had been represented at the Conference, as had all the States of Central and Eastern Europe, and the CONFIDENTIAL
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Council and Commission of the European Communities. Other international organisations, such as Interpol, the Customs Co-operation Commission, the Nordic Council and WHO had also been represented, and this underlined the pluridisciplinary character of the Pompidou Group's work, which was indeed one of its major assets. One of the aims of the Conference had been to allow the countries of Central and Eastern Europe to benefit from the experience acquired by Council of Europe member States, particularly in reducing supply and demand in the illicit drugs sector. Information exchange and the introduction of appropriate legislation - particularly criminal legislation - had also been discussed. The need to ensure that drug problems did not spread to the countries of the East - which would be an undesired effect of the new freedom of movement - had also been mentioned. In this connection, the Soviet Minister of the Interior had told him that drugs in the Soviet Union were partly home-produced and partly imported across the frontier from Afghanistan. The Soviet Minister had added that his country would constitute an enormous potential market once it had developed economically.
The Conference had also discussed action to block new supply routes, and extension of the Balkan route, both taking advantage of the economic fragility of certain Central and Eastern European countries. Finally, the Conference had adopted a final declaration which had been circulated to the Ministers' Deputies.
The Deputy Secretary General asked the Permanent Representative of Norway to convey his thanks to the Norwegian Government for the excellent organisation of the Conference, which had been held in a mountain resort close to Oslo and chaired by Mrs Tove Veierod, Norwegian Minister for Health and Social Affairs.
4. 9th Conference of European Ministers responsible for Local Government (Bergen, 14-16 May 1991)
The Deputy Secretary General said that he had not been able to attend this Conference personally, and that the Council of Europe had been represented by the Director of Environment and Local Authorities. The Conference had been attended by 20 Ministers and had discussed the division of powers between the various levels of government (local, regional and national), on the basis of a report submitted by the Norwegian Minister. This had led to discussion of supervisory measures which central governments should apply in the wake of extensive decentralisation. The Conference had concluded by asking the Committee of Ministers to ask the CDLR to study these questions, with a view to possibly submitting a report and draft recommendation to the Committee of Ministers. The Conference had also requested that the countries of Eastern Europe be given further help in developing an autonomous system of local government. He pointed out that this was in line with one of the Secretary General's priorities for the 1992 Work Programme. The Conference's second theme had concerned participation and democratic control, and discussions had been based on the French delegation's report. In this connection, new forms of participation, such as the right to training, the powers of political minorities, the role of exchanges and local referenda, had been mentioned. The Conference had suggested that these be studied in depth, and their various CONFIDENTIAL
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advantages and drawbacks evaluated. It had made a recommendation along these lines to the Committee of Ministers. A Colloquy with the Parliamentary Assembly and the CLRAE had also been held. This had encountered some difficulties, however, since the Ministers had not been given prior notice of such questions as reform of the CLRAE's status or revision of the Charter of Local Self-Government. They had thus been reluctant to say anything on these questions. The Ministers, parliamentarians and members of the CLRAE had also concluded unanimously that help for the countries of Central and Eastern Europe should be increased on all levels. The organisation of the Conference had been faultless, and he paid tribute to the hospitality of the Norwegian authorities, to which he asked the Representative of Norway to convey his thanks.
The Representative of Norway said that he would do so. He thanked the Council of Europe for its contribution to the Bergen Conference and to the Pompidou Group's Conference, which clearly reflected the Organisation's multidisciplinary role. He welcomed the extensive press coverage which both events had received.
5. Open Partial Agreement on the prevention of, protection against and organisation of relief in major natural and technological disasters - Recent developments
The Deputy Secretary General welcomed the fact that Belgium, which had just applied formally, was becoming the 13th member State of this Partial Agreement. Coming from a Council of Europe member State, this application would be accepted automatically. In accordance with normal practice, the budgetary implications of Belgium's accession would be determined later.
He then referred to the functioning of the assistance network which had been alerted following the earthquake in Georgia on 29 April 1991, which had reached 7.2 on the Richter scale. All the member States had been notified only two hours after the earthquake, thanks to a round-the-clock warning system. Once this had been done, the Soviet Union had been asked to say what assistance was required. After political and technical consultation between the Moscow and the Georgian authorities, the Partial Agreement had been asked, on 2 May 1991, by the Soviet Minister responsible for Disaster Relief to contact all the member States on medical and other requirements. The Soviet Minister had indicated that aid could be sent directly to Tbilissi. On 3 May 1991, the member States' national correspondents had co-ordinated the various offers of assistance via teleconference. Since then, the Partial Agreement had been informed by each State of the aid which it had sent. CONFIDENTIAL
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6. Eurimages and the Cannes Festival
The Deputy Secretary General said that three films subsidised by Eurimages had won six prizes at the Cannes Festival. These films were:
- "Hors la vie", directed by Maroun Bagdadi, a French/Italian/ Belgian co-production, which had been given a 3 million franc subsidy;
- "Toto le héros", directed by Jaco Van Dormael, a French/ Belgian/German co-production, which had been given a 2.5 million franc subsidy;
- "Europa", directed by Lars Von Trier, a Danish/Swedish/ French/German co-production, which had been given a 4 million franc subsidy.
The first film had won the Prix du Jury, the second the Caméra d'Or, the Prix du Public and the Prix de la Jeunesse, the third the Prix du Jury and the Prix de la Commission Supérieure Technique.
He took this opportunity of congratulating the Representatives of the various countries which had taken part in these co-productions.
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5. CONFERENCES OF SPECIALISED MINISTERS State of preparation (Concl(91)456/5, SG/D/Inf(91)4)
The Secretary to the Committee reminded the Deputies that at their 452nd meeting, certain delegations had expressed doubts regarding what was considered to be the vague character of the themes proposed for the 7th Conference of European Ministers responsible for Sport, due to be held in Rhodes in May 1992.
The Committee had consequently instructed its Rapporteur Group on Education, Culture and Sport to make contact with the Bureau of the CDDS in order to exchange views on the matter, in the light particularly of the outcome of the informal meeting of Sports Ministers which had taken place in Budapest on 16-17 April 1991.
He reported that this meeting had taken place on 3 May, and that the Bureau of the CDDS had made revised proposals which, after a constructive discussion, had been approved by the Rapporteur Group, and which appeared in the Addendum to Notes on the Agenda No 8388.
The Representative of Norway said that he had problems with the sub-theme concerning "Good behaviour in sport", and would prefer that the "possible outcomes" identified under each theme should be deleted.
A Representative of the Secretariat said that the Secretariat would have no objection to the deletion of the "Good behaviour" element, but explained that it had been originally included in response to a desire expressed notably by the Ministers at the Reykjavik Conference to place the accent on the positive aspects of sport.
Regarding the "possible outcomes", this, too, had been included because steering committees had been asked to indicate ways in which Conference schemes could influence the Organisation's work. He was happy that the Deputies had been informed regarding them, but saw no necessity that they should appear in the decision.
The Representative of France, speaking as Chairman of the Rapporteur Group on Education, Culture and Sport, reassured the Deputies that every effort had been made to ensure discussion of ethical issues. CONFIDENTIAL
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Referring to the 5th Conference of European Ministers responsible for Social Security, scheduled to take place in Ireland in 1992, the Representative of Ireland confirmed that the date would be in May, and that the precise date and location would be communicated to the Committee in due course.
The Representative of Luxembourg informed the Deputies that his authorities, in view of the relevance of the subject matter, wished to invite all the countries of Central and Eastern Europe to attend the 4th Conference of European Ministers responsible for Migration Questions (Luxembourg, 17-18 September 1991) as observers.
The Representative of Austria likewise informed the Deputies of his authorities' wish to invite Albania to participate as an observer in the 17th Session of the Standing Conference of European Ministers of Education (Vienna, 16-17 October 1991).
Decisions
The Deputies
A. Regarding the 7th Conference of European Ministers responsible for Sport (Rhodes, 14-16 May 1992)
1. took note of the themes of the Conference, namely:
Theme: The future of sport in Europe: towards 2000
I. Sports ethics
- Economic factors and commercial pressures in sport - Attitudes of young people - The positive aspects of sport
II. The framework for European sports co-operation
- The role of public authorities - The role of voluntary associations CONFIDENTIAL
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III. Sports development in Europe
- Multilateral assistance for the new members of the Conference; - Developments in the European Community, in the European Sports Conference, etc.;
2. took note of the dates of the Conference, viz. 14-16 May 1992;
B. Regarding the 4th Conference of European Ministers responsible for migration questions (Luxembourg, 17-18 September 1991)
established that there was general agreement within the Committee of Ministers as to the advisability of inviting the following non-member States to take part in the Conference as observers:
- Albania - Bulgaria - Poland - Romania - The Soviet Union - Yugoslavia;
C. Regarding the 17th Session of the Standing Conference of European Ministers of Education (Vienna, 15-17 October 1991)
established that there was general agreement within the Committee of Ministers as to the advisability of inviting Albania to take part in the Conference as an observer.
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6. COMMITTEE OF MINISTERS Follow-up to the 88th Session (Strasbourg, 25 April 1991) (CM(91)PV3 prov.)
The Chairman explained that, for the most part, the various subjects to be examined under this item had already been dealt with under specific agenda items. Concerning relations with Central and Eastern European countries, the situation with regard to the various countries concerned had been dealt with under agenda item 3. Where the CSCE was concerned, this had been tackled under agenda item 12 of the present meeting (Council of Europe contribution to the CSCE experts' meeting in Geneva on national minorities). With regard to the situation in Iraq, examination of Assembly Recommendation 1150 (1991) was the subject of agenda item 39a of this meeting. Progress on European co-operation was the subject of item 7 of the present meeting (Ministers' Deputies Ad hoc working party on questions relating to the Statue of the Council of Europe).
Concerning the initiative with a view to a Conference on Security and Co- operation in the Mediterranean (paragraph 14 of the Final Communique of the Committee of Ministers), the Chairman pointed out in the wider context of the Mediterranean that during the exchange of views with the Ministers' Deputies on 26 April 1991, the Chairman of the Committee of Ministers had suggested that the Council of Europe and the Arab League hold an interregional seminar to promote a better understanding between peoples and cultures on either side of the Mediterranean. This plan was being examined by the Swedish Ministry of Foreign Affairs. In this context, she stressed the usefulness of the feasibility study on the possibilities of implementing a partial agreement on interregional co-operation in the Mediterranean basin which the Secretary General was instructed to prepare following a decision by the Ministers' Deputies at their 434th meeting (February 1990) on the basis of CLRAE Resolution 200 (1989) on the Second Conference of Mediterranean Regions.
Where Yugoslavia was concerned, the Director of Political Affairs said that the Deputies would be informed of the plan to send a team of constitutional law experts to this country, as soon as the Yugoslav authorities had confirmed that such a visit would be possible.
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7. THE MINISTERS' DEPUTIES AD HOC WORKING PARTY ON QUESTIONS RELATING TO THE STATUTE OF THE COUNCIL OF EUROPE (Assembly Recommendation 1139 (1991), Concl(91)456/7)
The Representative of Switzerland made the following statement:
"Neither the discussions which we have already held nor the other occasions on which the Ministers themselves have spoken on this subject provide a clear-cut picture of the advisability of revising the Statute of the Council of Europe. Apart from one delegation which has stated clearly on several occasions that this revision could be dispensed with, most of the other delegations, without necessarily wanting it, have not ruled out the eventuality. On the other hand, the Parliamentary Assembly envisaged it quite straightforwardly in its Recommendation 1139. It even appointed an Ad hoc Committee of the Bureau with a membership of four specifically for that purpose.
The Council of Europe is no longer the institution which its founding fathers, men such as Paul-Henri Spaak, Robert Schuman and Alcide de Gasperi, set up on 5 May 1949. At any rate, it no longer lives up to certain hopes which some people had placed in it, and has not done so for a very long time. The records of the meetings of the pioneering days, the years 1949 and 1950 to be precise, quite clearly reflect the conflict taking place at the time between the federalists and the nationalists. It was undoubtedly as a result of this that the hopes which some people had entertained of seeing the Strasbourg organisation become the embryo of the United States of Europe, a central federal state to which national powers would have been transferred, were disappointed. The compromise which ensued paved the way for an inter-state co-operation organisation of the traditional kind, without any relinquishment of sovereignty or transfer of powers to a central state. In the light of this situation, some great visionaries of the time, men such as Jean Monnet and Robert Schuman, chose another path and, as everyone knows, this led very quickly, as early as 1951, to the establishment of the European Coal and Steel Community (ECSC) and in 1957 to the Treaty of Rome, which established the European Economic Community, the EEC. There is no need for me to recount the history of the development of these institutions, which you certainly know as well as I do. The fact remains, however, that the Communities, following the adoption of the Single Act, are coming closer and closer to their declared goal, namely the union of the continent through the setting up of a single market on 1 January 1993, as well as through economic and monetary union and political union.
For its part, the Council of Europe has remained what it had become in 1951, namely an inter-state co-operation organisation of the traditional kind, although a new dimension was added to it very recently in 1989, namely that of the new democracies of Central and Eastern Europe, which, by adopting the fundamental values of the rule of law, pluralist parliamentary democracy and respect for human rights, have either already joined it or hope to do in CONFIDENTIAL
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future. It should not be forgotten that these countries are also eager to join the Communities one day: the association agreements signed with them make this quite explicit. There is no doubt, however, that the transition from a planned economy to a social market economy or a free economy will take years, and nobody here could claim to foresee what developments this will entail and what their outcome will be, bearing in mind that political factors will necessarily have an influence on this process.
The ad hoc working party which this Committee has decided to set up will therefore have to base its approach on this new de facto situation. We must no longer dream of an institution concerned with European integration or an institution responsible for guaranteeing security on this continent. These positions are already occupied by the Communities and the CSCE. Indeed, these institutions are performing their functions very well and there is no question of curtailing their spheres of competence. Between these two very specific poles of integration and security, however, there remains the wide field of co-operation in which the Council of Europe has been working for over 40 years. This co-operation is reflected in the intergovernmental work programme which we patiently draw up every year. But it is not confined to that programme. Alongside the system for the protection of human rights, which continues to grow - one might almost say - independently, the Council of Europe's inter-state co-operation is required to meet the needs not only of its present members, but also of its new members and of the other countries whose natural vocation is to join it within the next few years. Clearly, these needs and priorities are not necessarily identical with our own. This new perspective might therefore be reflected in the Statute of the Council of Europe, which, whether we like it or not, has become a pan-European host organisation for a whole fringe of our continent which henceforth shares the same values and aspirations in its public life.
Summing up, I should like there to be no misunderstanding about the terms of reference which would be assigned to the ad hoc working party. In my opinion at least, there is no question of suspecting it of revolutionary ideas involving changes to the Council of Europe's legal or political nature. It remains an inter-state co-operation organisation of the traditional kind and there is no question of altering that. On the other hand, in addition to the "tidying-up" of the Statute made necessary by the passage of time, and in this connection the Clerk has mentioned several provisions which undoubtedly need to be updated, it might seem useful to take this opportunity to refine it, to define new responsibilities in order to meet the new needs of the East European democracies which are joining us, and also to emphasise the solidarity which should unite us all. The opportunity might also be taken to tackle some legal and other concepts which are well known to us but which have perhaps not produced the results which were once expected of them. I am thinking, for example, of the concept of associated states or the whole field of co-operation in local and regional government, which is today represented in our organisation chart by the CLRAE, which, as we know, hopes to become the third organ of the Council of Europe. CONFIDENTIAL
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However that may be, I think that if this exercise is undertaken, it cannot be confined to one article or one chapter of the Statute, but will have to cover the whole text, even if the changes which are ultimately adopted turn out to be very few in number.
Finally, I should also like to take up the argument in favour of restricting the size of the ad hoc working party which we are called upon to set up. Its nature is not comparable to that of a Rapporteur Group, which is essentially responsible for checking that the objectives of the intergovernmental work programe, which, as you know, are proposed jointly by the Steering Committees and the Secretariat, satisfy the political criteria which we ourselves have adopted in the particular field. The purpose of the body in question will be to generate ideas, an exercise which might be described as "brain storming". In my opinion - the ad hoc working party's agreement will of course be required - each of its members should be responsible, with the Secretariat's assistance, of course, for the detailed examination of a particular point or question, so that the workload and responsibilities involved are shared among us.
After internal discussions, which could result either in the maintenance of the status quo or in the presentation of a single text or several alternative texts, the real political debate can and should only be held in this Committee, and of course at plenary sessions. The responsibility for taking decisions will fall to this Committee and no other. But the preliminary task of generating ideas can only be carried out properly and thoroughly within a small group, initially on the basis of short "non-papers", for example; I would remind you that the Parliamentary Assembly has set up a similar body, which has only four members. It is obvious that the two bodies will have to hold joint sessions. It would therefore be both discourteous and unreasonable if these two ad hoc groups were to appear unbalanced and unequal, in numbers at least, from the start. Once the working party has come to an agreement, or has failed to do so - because I make no secret of the fact that alternative proposals may be submitted to you - the short texts which would be presented to you would be the subject of a political debate here. For this purpose, to ensure that each government is able to make a proper study of the proposals, adequate time would need to be allowed for examination in each case, or two readings could be made of each proposal at separate intervals.
That, in short, is how I see this exercise. In the light of the new situation in which we find ourselves and, in the light of the transformations which have appeared in Europe in the last half century and the rapid changes which our continent is still undergoing every day on the political front, this exercise would, in my humble opinion, be worth undertaking. It could clarify the role which the Council of Europe is called upon to play, making us more aware of its position in this new European architecture which is now emerging."
The Representative of Portugal congratulated the Swiss Representative on his statement. There was indeed a parallel between now and the time 40 years ago when the Statute had been drafted, since now again important changes were taking place in Europe. It seemed therefore appropriate to start again work on the Council of Europe's Statute. In reply to recent developments, the CONFIDENTIAL
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pan-european dimension of the Council of Europe should now be mentioned in the Statute. A reference to the regional dimension also seemed appropriate and the provisions on associate membership should be reviewed. He thought that the Deputies' Working Party should in principle be open to all delegations since this was a subject of prime interest to all delegations. However, in order to facilitate its work, one could design a core of permanent members.
The Representatives of Germany and Belgium suggested that the Working Party should work in two stages, the first mainly devoted to identifying the problems and to finding solutions and open to all delegations, the second mainly devoted to drafting and restricted to a limited number of Representatives.
The Representative of the United Kingdom recalled that his authorities were agnostic on the question of revision of the Statute, ie they did not believe in its necessity but were willing to be convinced. However, if one wanted to convince his delegation, it had to have the possibility to take actively part in the work. The work of the Working Party should therefore be open to all delegations, at least at the start.
The Representative of France recalled the statement of his Minister at the 88th Session of the Committee of Ministers that a reform of the Statute did not seem indispensable. Now one should implement the decision taken at the 455th meeting (March 1991, item 7), ie to set up an ad hoc Working Party dealing, on the basis of a document to be submitted to it by the Secretariat and in contact with the Ad hoc Committee created in the Assembly, with the questions raised by paragraph 12 of Assembly Recommendation 1139 and particularly, if appropriate, the revision of the Statute of the Council of Europe.
The Representative of Switzerland could agree to the proposal to proceed in different stages, the first one being open to all delegations. He recognised the need for an initial input by all delegations and this had been why he had proposed earlier a "tour de table" within the Committee of Ministers itself. What he wanted to avoid was to have a working party along the lines of the Rapporteur Group on relations with countries of Central and Eastern Europe which was in fact a Committee of Ministers without the non-resident delegations.
The Representative of Belgium was of the opinion that the Working Party had the task of examining first the appropriateness and the feasibility of a revision of the Statute and then to decide, if necessary, on the way in which it should be done.
The Representative of Ireland recalled that at the 88th Session his Minister had said that, while it had been suggested to revise the Statute to take account of the emerging institutional framework and the role of the Council of Europe in it, it might equally well be argued that such a revision should be deferred until that framework were in place and the Council's role in it relative to other European Organisations had been more clearly defined. As a Representative of a non-resident delegation he had full faith in rapporteur CONFIDENTIAL
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groups and working parties but liked them to be open to the participation by all delegations since that gave non-resident delegations a chance to participate.
The Representatives of Spain, Italy, Norway, Finland and Turkey agreed with the proposal to proceed in two stages.
Following further discussion, it was agreed to decide later on the members of the Working Party during the second stage in which it would be restricted to certain delegations and to convene the first meeting of the Working Party at a date to be arranged after the Session of the Joint Committee with the Assembly on 26 June 1991.
Decision
The Deputies agreed that at a first stage the meetings of the Working Party on the institutional role of the Council of Europe, set up at the 455th meeting (March 1991, item 7), will be open to participation by all delegations.
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8. PARLIAMENTARY ASSEMBLY 1st Part of the 43rd Ordinary Session (Strasbourg, 22-26 April 1991) a. Texts adopted
Decisions
The Deputies
1. agreed to examine the following Recommendations at their 460th meeting (June 1991):
- Recommendation 1148 (1991) on Europe of 1992 and migration policies,
- Recommendation 1149 (1991) on Europe of 1992 and refugee policies,
- Recommendation 1153 (1991) on concerted European policies for health,
- Recommendation 1154 (1991) on North African migrants in Europe;
2. decided to communicate Recommendation 1147 (1991) on parliamentary responsiblity for the democratic reform of broadcasting to the Steering Committee on the Mass Media (CDMM) so that it can make known any observations it might have, and agreed to resume consideration of Recommendation 1147 at one of their forthcoming meetings;
3. agreed to hold a exchange of views on Recommendation 1152 (1991) on the situation of the Palestine refugees and the immigration of Soviet Jews to Israel at their 460th meeting (June 1991);
4. took note of the following Resolutions:
- Resolution 961 (1991) on food aid and food security policies,
- Resolution 962 (1991) on "1992", Europe and the world - consequences of the completion of the European Community's internal market,
- Resolution 963 (1991) on Europe's role in a future "new world order" after the Gulf War; CONFIDENTIAL
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5. took note of the following Orders:
- Order No 460 (1991) on the situation of the Iraqi Kurdish population and other persecuted minorities,
- Order No 461 (1991) on the situation of hospitals in Albania. 458th meeting - May 1991
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8. PARLIAMENTARY ASSEMBLY 1st part of the 43rd Session (Strasbourg, 22-26 April 1991) b. Evaluation of the Session
The Representative of Spain made the following declaration on the Joint Working Party (Committee of Ministers/Parliamentary Assembly):
"On 24 April 1991, during the last part of the Parliamentary Assembly session, a meeting of the Joint Working Party (Committee of Ministers/Parliamentary Assembly) took place.
As you know, this Working Party, set up roughly a year ago, comprises the Bureau of the Committee of Ministers and members of the Bureau of the Assembly.
The Bureau of the Committee of Ministers at Ministerial level consisted of Mr Francisco Fernandez Ordonez, in the Chair, Mr Sten Andersson, Sweden's Minister for Foreign Affairs and Mr Gabriele Gatti, San Marino's Secretary of State for Foreign and Political Affairs. The Assembly was represented by President Björck and by Mr Martinez, Vice-President.
The items on the agenda were the following:
1. Future accessions to the Council of Europe; 2. Relations between the Council of Europe and the CSCE; 3. Agenda for the next meeting of the Joint Committee in Helsinki on 26 June 1991.
These meetings are extremely informal and this particular meeting of 24 April was in addition extremely short.
With regard to the question of future accessions to the Council of Europe, the participants thought that the general elections in Poland would be held in time for this country to become a member of the Council of Europe at the 89th Session of the Committee of Ministers.
Where Bulgaria was concerned, the Assembly thought that even though Bulgaria itself had not expressed an opinion, this country was certainly better placed to become a member than the other European non-member states.
With regard to Albania, President Björck informed us that negotiations for special guest status could begin but that no decision would be taken before September." CONFIDENTIAL
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Concerning relations between the Council of Europe and the CSCE, he said that following the decision of the Bureau of the Assembly at the summer meetings in Helsinki a Council of Europe Parliamentary debate would be held on security and co-operation in Europe.
The Clerk of the Assembly agreed with the Representative of Spain that the working party meeting had been too short. Ways of improving this kind of meeting should be examined.
Concerning the first part of the Assembly's 43rd Session (22-26 April 1991), he confined himself to a few general remarks. The discussions had been interesting; this applied not only to the general policy debate but also to the discussions on refugees and migrants and the report on Parliamentary responsibility for the democratic reform of broadcasting. He thought that many of the themes dealt with in the report on Europe's role in a future "new world order" after the Gulf War were of interest for the Committee. Of the eight Recommendations adopted, six concerned migrants and minorities.
During this Session, Mr F Cossiga, President of the Republic of Italy, and Mr C Mitsotakis, Prime Minister of Greece, had made statements that were greatly appreciated by the parliamentarians. He asked the Permanent Representatives of the countries concerned to inform their authorities of the Parliamentary Assembly's thanks for their statements.
This Session was also an opportunity to welcome for the first time in plenary representatives from the Czech and Slovak Federal Republic as full member States of the Council of Europe. The speech by Mr A Dubček, President of the Federal Assembly of the Czech and Slovak Federal Republic had been a moving moment during the session. He thanked the Czechoslovak authorities on behalf of the Parliamentary Assembly for Mr Dubček's participation in the Session.
He then told the Committee that Mr Steiner, who had been one of the pillars of the Parliamentary Assembly, had unfortunately left the Assembly. He had been replaced as Chairman of the Political Affairs Committee by Mr Reddemann. Referring to Mr Sager's departure, he reminded the Committee that Mr Sager had been one of the first members of the Assembly to promote activities related to democracy, to play a leading role in the rapprochement with the countries of Eastern Europe and to bring about the special guest status. He would be greatly missed in the Assembly. Mr Atkinson had taken his place as Chairman of the Committee on Relations with European Non-member Countries. The Clerk then reported on other changes in Assembly committees.
He told the Committee that the two sub-committees responsible for CSCE matters (Political Affairs Committee and Committee on Relations with Non-member Countries), as well as the Sub-Committee on Human Rights set up at the Legal Affairs Committee, were planning a meeting in Moscow in September 1991, towards the end of the Conference on the Human Dimension. CONFIDENTIAL
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Concerning the debate on the OECD, he was not sure that the new arrangements would be adopted, since not all the participants had given their approval, for example the United States Congress. The Legal Affairs Committee had adopted a draft Resolution on the Wallenberg case and had proposed that the Assembly's Standing Committee adopt this text at the Helsinki meeting. He added that the Committee on Relations with European non-member countries was preparing a hearing on the Baltic States and the summer meetings in Helsinki.
The Clerk also told the Committee that, at its last meeting, the Bureau of the Assembly had set up an ad hoc committee to revise the Statute of the Council of Europe, with the following members: Mrs Lentz-Cornette (Chairman), Mr Flückiger, Sir Geoffrey Finsberg and Mr Schieder. No date had yet been set for a meeting of this ad hoc committee. A first exchange of views could be held at the Joint Committee meeting in Helsinki.
He said that the Bureau had not yet taken a decision on reconstituting the Cyprus contact group. The matter had been postponed to a future meeting. In this context, he mentioned a recent visit by Ambassador Nelson Ledsky, co-ordinator at the State Department for Cyprus, who had met the Deputy Clerk. The Deputy Clerk had presented the Council of Europe's activities in this field.
The Clerk announced that the Bureau of the Assembly had authorised the President to make an official visit to Israel and to invite President Herzog to speak to the Assembly at a forthcoming session.
Concerning the Council of Europe's Parliamentary debate on security and co-operation in Europe to be held on 25 June in Helsinki, he stressed that delegations with special guest status would theoretically be entitled to vote. In practice however no votes were planned for this meeting. The representatives of other organisations would have observer status.
Concerning the September 1991 session, he said that Mr F Cotti, President of Switzerland, would be addressing the Assembly.
With regard to the Strasbourg Conference on Parliamentary Democracy (16-18 September), documents had already been distributed to the Deputies. Mr von Weizsäcker, President of the Federal Republic of Germany, was expected to make the opening speech.
The text of the Final Declaration of the Budapest Conference on Politics and Citizens (15-17 May 1991) would be distributed to the Deputies.
The Clerk said that relations between the Parliamentary Assembly and the European Parliament were encouraging. The Bureaux of the two assemblies had met on 29 April in Spain (San Lorenzo de El Escorial) and the Final Declaration approved at the end of the meeting had been issued on 2 May 1991. The two Assemblies had expressed a wish to co-ordinate their activities for Eastern European countries with a view to consolidating parliamentary democracy in these countries. Concerning the CSCE, the Bureaux of the Parliamentary Assembly and the European Parliament had warned against the CONFIDENTIAL
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proliferation of parliamentary structures which threatened the role of parliaments rather than reinforced it. Without calling into question the existence of a parliamentary assembly specific to the CSCE, the Assembly and the European Parliament reserved the right to discuss CSCE issues within their respective frameworks.
Lastly, he mentioned the speech made by Mr E Baron Crespo, President of the European Parliament, at the Conference of the Parliaments of the European Community and the European Parliament in Berlin (9-12 May 1991) in which he had repeatedly referred to the role of the Council of Europe in the context of the construction of a new European order.
The Chairman thanked the Clerk of the Assembly for the highly interesting information he had just passed on to the Committee. 458th meeting - May 1991
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c. Parliamentary questions for oral reply by the Chairman of the Committee of Ministers
Decision
The Deputies agreed to transmit to the Steering Committee on the Mass Media (CDMM) Question No 7 by Mrs Grendelmeier and the reply given by the Chairman of the Committee of Ministers at the 1st Part of the 43rd Ordinary Session of the Parliamentary Assembly (AS(43)CR5) with a view to obtaining orientations from this Committee on the project for a television news channel "Euronews".
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9. PREPARATION OF THE JOINT COMMITTEE (Helsinki, 26 June 1991)
Following a question from the Representative of Finland concerning the presence in Helsinki of the Ministers of Foreign Affairs of Sweden, Spain and Switzerland (Bureau of the Committee of Ministers), the Representative of Spain said that he had no information at this stage and the Representative of Switzerland told the Committee that his Minister would not be able to participate in the Helsinki meeting on 26 June. The Chairman said that his Minister would participate in the Joint Committee meeting.
The Representative of Norway suggested that at this meeting with Parliamentarians the question of co-ordination at national level between parliaments and governments be raised.
The Representative of France wondered whether it was appropriate to raise the question of revising the Statute of the Council of Europe bearing in mind that the Ad hoc Group of Deputies had not been appointed.
The Representative of the United Kingdom thought that in view of the limited length of the meeting none of the subjects could be examined in depth. There was a lack of co-ordination between the two organs of the Council of Europe. The Committee of Ministers was given priority and the Parliamentary Assembly had no limits to its responsibilities. He wondered whether this subject ought to be broached at Helsinki.
The Representative of Germany suggested, as the meeting would be of limited length, that the various tasks be divided up among the delegations.
The Representative of Austria thought that the meeting should be prepared conscientiously and he too suggested that the tasks be divided up among the Deputies.
The Representative of Spain pointed out that the parliamentarians were completely free to speak as they wished which was not the case of the Ministers' Deputies. Before the Deputies could speak on a subject, there had to be a minimum of agreement between them, otherwise any discussion with the Parliamentarians was difficult.
The Representative of Iceland, referring to the Joint Committee, thought that the time allocated to each item on the meeting agenda was much too short and told the Committee that his country would not be taking part in the Helsinki meeting. He strongly emphasised the need to ensure that the meeting was properly prepared.
The Committee went on to discuss the various agenda items scheduled for the Joint Committee meeting. CONFIDENTIAL
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The Deputy Clerk of the Assembly reported on the priority themes selected by the Parliamentary Assembly. In particular, relations with Central and Eastern European countries was an area of priority for the Assembly.
Following statements by the Representatives of Portugal and Norway he argued in favour of retaining a specific item on the Assembly's budgetary power - currently being debated in the Assembly - even though the positions of the Committee of Ministers and the Assembly differed widely.
The Representative of Switzerland thought this item should be retained on the Joint Committee's agenda and regarded it as inadvisable to avoid this question proposed by the Assembly.
The Representatives of Spain, Italy, Finland and Germany shared the view of the Representative of Switzerland on the need to retain the question of the Assembly's budget powers on the meeting agenda.
The Representative of Ireland pointed out that meetings outside Strasbourg posed practical problems for some delegations.
The Secretary of the Committee said that the next Colloquy between the Ministers and an Assembly delegation would be held in Strasbourg. He explained that meetings of the Joint Committee were provided for in the Statutory Resolution of May 1951. It had become customary to hold such meetings usually during the Assembly's summer sessions.
Following statements by the Representatives of Spain, Luxembourg and Germany and by the Deputy Clerk of the Assembly, the Chairman suggested that the Chairman of the Committee of Ministers inform the President of the Assembly of the changes to the Joint Committee's draft agenda proposed in the course of the discussion. The Deputies would resume discussion of this question at their 460th meeting (June 1991).
Decision
The Deputies agreed to resume consideration of this item at their 460th meeting (June 1991). 458th meeting - May 1991
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10. APPOINTMENT OF THE CLERK OF THE ASSEMBLY HAVING THE RANK OF DEPUTY SECRETARY GENERAL (Concl(91)452/34, CM(91)19, CM(91)73 and Addendum)
Decision
The Deputies, having examined the candidature of Mr. Heinrich Klebes in accordance with Rule 3 of the procedure for appointment to the posts of Secretary General, Deputy Secretary General and Clerk of the Assembly having the rank of Deputy Secretary General, agreed to consult the Assembly, at the next meeting of the Joint Committee, on 26 June 1991 in Helsinki, on the appointment of Mr. Klebes as the Clerk of the Assembly for a 5-year term starting on 1 January 1992.
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11. LIAISON COMMITTEE BETWEEN THE COUNCIL OF EUROPE AND MANAGEMENT AND LABOUR (LCML) Report of the 8th meeting (Strasbourg, 12 March 1991) (CM(91)71)
The Representative of Norway agreed that ETUC should be invited to participate in certain Conferences of Specialised Ministers, but did not agree that the costs of this should be borne by the Council of Europe.
The Representative of the United Kingdom, referring to paragraph 29 of CM(91)71 on Project VII.1 on the European dimension of the environment, reminded his colleagues that they had not yet pronounced finally on the European Assizes on the Environment.
The Representative of the Netherlands stated that his authorities disagreed with paragraph 7 of the Decisions listed in CM(91)71 on the request by management and labour concerning whether it would be possible for the Council of Europe's budget to bear the costs of participation, and would therefore not bear costs of participation.
The Secretary to the Committee recalled that, if ETUC were to be invited to participate in any Conferences of Specialised Ministers, UNICE also should be so invited.
The Chairman noted that there existed no objections to the idea of inviting both ETUC and UNICE to participate, where appropriate, in the Conferences of Specialised Ministers listed in document CM(91)71. She reminded her colleagues, however, that although the Ministers' Deputies could express their approval for such an idea, they had to ensure that the Conferences of Specialised Ministers would have no objection. In order to be sure of this she proposed that the Secretariat should consult the relevant Steering Committees or other committees entrusted with the preparation of these Conferences.
She noted, moreover, that with regard to the question of a possible contribution from the Council of Europe budget for participation by management and labour in hearings, in the context of either the Intergovernmental Programme of Activities or the Conferences of Specialised Ministers, the Deputies were not in favour of providing any such financial assistance. CONFIDENTIAL
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Decisions
The Deputies
1. instructed the Secretariat to consult the Steering Committees or other committees entrusted with the preparation of the following Conferences of Specialised Ministers with regard to the participation by ETUC and UNICE in these Conferences:
- European Ministers responsible for Mass Media Policy (Cyprus, October 1991)
- European Ministers responsible for Social Security (Ireland, Spring 1992)
- European Ministers responsible for Equality between Women and Men (Italy, 1992)
- European Ministers of Labour (Malta, 1993);
2. took note of the views and proposals from management and labour on current and future Council of Europe activities in the fields covered by its terms of reference (see CM(91)71, item 3);
3. took note of the LCML's proposal to hold its next meeting in February/March 1992 (see CM(91)71, item 7);
4. taking into account decisions 1-3 above, took note of the report of the 8th meeting of the LCML as a whole (CM(91)71). 458th meeting - May 1991
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12. COUNCIL OF EUROPE CONTRIBUTION TO THE MEETING OF EXPERTS OF THE CSCE ON NATIONAL MINORITIES (Geneva, 1-19 July 1991) (Concl(91)456/8, CM(91)29 and Addendum)
The Director of Political Affairs presented the document (dated 23 May 1991) which was prepared by the Secretariat as a preliminary draft for the Council of Europe's contribution to the Meeting of Experts of the CSCE on national minorities.
He explained the difficult basic problem posed by, on the one hand, the obligation felt in CSCE circles to promote, in accordance with the Copenhagen document, standard-setting on minorities questions and, on the other, the fact that various country situations, for example demographic and historical, exist which make it politically difficult to achieve such general standard-setting.
The first chapter of the document presented considerations emphasising the Council of Europe's general philosophy on the subject of protection of human rights and minorities as well as its experience in the past in contributing to practical attempts to overcome existing minorities problems in member countries. The countries of Central and Eastern Europe were not in a position to share this experience and they are today, after the newly achieved liberty, confronted with open dissensions which had been opposed under the old system.
The second chapter dealt with the already mentioned standard-setting measures. The third chapter called "Confidence-building measures on human relations" presented a series of actions designed to promote better understanding between minorities and majorities, building on the Organisation's experience with community relations projects as a basis to be then adapted to the question of national minorities.
The Director of Political Affairs finally commented on the possible role of the Council of Europe. Either the Council of Europe could be used by CSCE participating States as the body in which to promote a given objective set out within CSCE, or, on the basis of this document, i.e. the Organisation's review of what it has achieved and what it might be able to develop in this respect, could be recognised as a contribution to the implementation of CSCE recommendations on questions related to minorities.
After interventions by various delegations on the timing of and modalities for discussion of the draft document by the Ministers' Deputies, the Chairman proposed that the Deputies begin consideration of the draft document at their 459th meeting ((A)DH) on 6 June 1991.
Decision
The Deputies agreed to resume consideration of this item at their 459th meeting ((A)DH) (6 June 1991).
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13. SITUATION IN CYPRUS (Concl(91)456/10)
This item is the subject of the Addendum to these Conclusions, which has been distributed to Heads of Delegation only.
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14. EXCHANGE OF VIEWS ON THE UNITED NATIONS: CONSIDERATION OF GENERAL AND LONG-TERM PERSPECTIVES OF THE ORGANISATION
Following a proposal by the Austrian Delegation (revised Notes on the Agenda No 8242 of the 452nd meeting, February 1991, item 2), the Ministers' Deputies had agreed (455th meeting, March 1991, item 2) to hold an exchange of views on the general and longer-term perspectives of the United Nations, with the participation of the heads of UN departments from the Ministries for Foreign Affairs of member countries. On 7 June 1991, as part of the political dialogue, the Ministers' Deputies held an exchange of views with the participation of experts from the capitals.
The main theme discussed during this informal exchange of views was:
"The United Nations after the Gulf Crisis, challenges and opportunities for future European policies".
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15. GIFT FROM THE NETHERLANDS ON THE OCCASION OF THE CONSTRUCTION OF THE NEW HUMAN RIGHTS BUILDING (Concl(91)456/Introduction)
The Representative of Norway considered the Dutch proposal as a good idea and favoured acceptance of the gift. In general the Council of Europe should not hesitate to accept outside advice, even if, unlike in the present case, the Organisation had to pay for it.
The Deputy Secretary General, speaking in his capacity as Chairman of the Gifts Committee, said that he had circulated the Dutch letter to all members of the Gifts Committee and had not received any objections to the proposal. The offer could therefore be considered as accepted by the Gifts Committee.
Decision
The Deputies authorised the acceptance of a gift from the Government of the Netherlands for the new human rights building (services of a professional bureau in the Netherlands to draw up an integral plan for the works of art that will be donated for the building).
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16. EUROPEAN CONVENTION AND EUROPEAN COMMITTEE FOR THE PREVENTION OF TORTURE AND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (CPT) Exchange of views with Mr Antonio Cassese, President of the CPT (Concl(91)455/10 and 25, CM(91)32 and 37)
The Chairman made the following statement:
"My dear colleagues,
I would like to welcome on behalf of our Committee Professor Antonio Cassese, President of the European Committee for the prevention of torture and inhuman or degrading treatment or punishment.
Mr President, as you know, the Committee of Ministers began consideration of the first general report of activities of the CPT at the March meeting of the Ministers' Deputies. On that occasion, and in view of the importance of the matters dealt with in that report, this Committee agreed to resume consideration of the CPT report at a later stage, and in particular of a number of important questions raised therein, for instance comments concerning arrangements to be made by the Parties with a view to disseminating knowledge about the Convention and the Committee. I should add that the report has been transmitted to the Assembly and has also been made public.
I would like to underline, Mr President, that when considering the report, the Committee of Ministers welcomed the very efficient and discreet way in which the CPT had fulfilled its tasks. It is a pleasure for me to reiterate this assessment in your presence today.
The Committee of Ministers has also considered the issue concerning a possible opening of the Convention for accession by non-member States. In this respect, two tendencies emerged within the Committee. Some member States were prepared to support such a proposal already at this stage; other member States considered - without opposing the idea as such - that it would be wise to wait for some time, especially because the Convention was relatively recent and should thus be given time to be run in.
In this connection, the distinction between a possible accession by European and non-European non-member States has also been raised.
Mr President, the Committee of Ministers considered that it would be very useful to hear your opinion on both the general issue of the implementation of the Convention and the work of the CPT and on that of a possible opening of the Convention for accession by non-member States.
I therefore have the pleasure to invite you to take the floor." CONFIDENTIAL
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Mr Cassese, President of the European Committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT) made the following statement:
"Madam Chairman, Ladies and Gentlemen,
I should first like to thank you most sincerely for having done the Committee for the Prevention of Torture the honour of inviting its President to an exchange of views on the Committee's work.
I do not intend to summarise our first annual report, which I know you have read very carefully, or to hold forth on various aspects of the CPT's work. I shall merely make two remarks of a very general nature. I shall then endeavour to answer the question which the outgoing Chairman, Ambassador Lacleta, asked me in his kind letter of invitation, namely the question of the possible opening of our Convention to the CSCE member States which are not members of the Council of Europe.
I shall therefore begin with my two general remarks. As you will see, they relate to the three distinctive features of the CPT which make it a quite unique body in the international community.
The first of these three features is the Committee's means of action (the Committee is an international supervisory body vested with wide powers to carry out visits). The second is the Committee's composition (the CPT rightly has a heterogeneous membership since it comprises not only lawyers or diplomats but also doctors, experts on prison systems, former parliamentarians and so forth, in other words several categories of people with expertise in a specific field). The third feature is the primary objective of the Committee's work, which is prevention.
My first remark is based on an observation which you may think naive or trite, but which I have made every day since I have had the good fortune to be involved in this fascinating work. Every day I realise the enormous courage which the Council of Europe member States had when they adopted the Convention which established our Committee. I sincerely believe that the Council of Europe member States have accomplished a revolutionary task. Why? Because, as you know better than I do, we live in an age of soaring crime rates: drug trafficking and drug use, terrorism, and all the social problems associated with immigration, unemployment and ethnic and racial conflict have made social relations increasingly complicated and the response of democratic States increasingly difficult. Now, it was precisely in a period of increasing criminal violence that the Council of Europe member States decided to monitor possible violence by the State apparatus against criminals or those alleged to have committed crimes. In the name of the civilised principles which they uphold, they undertook to have their treatment of offenders monitored by an international body. They decided to open the doors of their prisons, police stations, barracks and psychiatric hospitals to independent international "inspectors". They wanted to be so "transparent" that they made it possible for these inspectors to verify on the spot whether the response of the State apparatus to crime is excessive and contrary to respect for human dignity. CONFIDENTIAL
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These States wanted to show that they intend to respond to those who often show total disregard for human life or other people's private property, to those who sometimes trample human dignity underfoot, in a way which, on the contrary, is inspired precisely by respect for human dignity.
That is what I observe every day in my work for the CPT. This observation has led me to reconsider some of my prejudices. You are aware that several specialists in international relations, when speaking of the role of States in the international community, have a tendency to apply the famous phrase used by Friedrich Nietzsche in "Thus spoke Zarathustra", the phrase describing modern States as "cold monsters". I too, I must confess, have sometimes used this phrase. It is obvious, however, that the Convention which you adopted in 1987 contradicts Nietzsche's thinking quite clearly. The Council of Europe member States have shown that the fate of human beings is a matter of such concern to them that they have managed to protect: even those excluded from society, those who are imprisoned in places of detention.
I now come to my second remark, which concerns the scope of our work. Our main function is to investigate what might be called "the seamy side of society", namely the grey areas of society, the places to which society tends to relegate those who jeopardise the social order.
In performing this function, however, we must not act solely as a fact-finding body. Our task is very difficult in two ways. First of all because, as I have already said, our task is above all a preventive one. We are not firemen who come running as soon as a fire breaks out. Our role is more like that of doctors who specialise in preventive medicine, who vaccinate those at risk and disinfect places in which epidemics might break out.
This means that we cannot confine ourselves to establishing whether or not there are cases of torture or inhuman or degrading treatment in the places we visit. We must also check whether there are conditions of detention which might degenerate into inhuman or degrading treatment. For this reason, we must also investigate many aspects, such as food, hygiene, medical treatment and health care, relations with the authorities, the right of prisoners to complain about possible abuses, opportunities for prisoners to engage in useful activities with a view to their social rehabilitation, and so forth. You see that the scope of our work is therefore very wide and demands a great deal of effort, a great deal of care and expertise in many different areas.
The other feature which makes our work very difficult is that we operate without predetermined assessment criteria, without criteria which define what is meant by torture or inhuman or degrading treatment. We can of course make use of the case-law of the European Commission and Court of Human Rights, and we do; similarly, we can make use of the European Prison Rules, and we do. Often, however, these guidelines are not sufficient. We try therefore not to go by intuition, but to proceed rigorously and cautiously. The fact remains that our work is very difficult. We have so far sought the key to resolving our difficulties in level-headedness and calm, careful debate within our Committee, on the one hand, and in co-operation with States, on the other. CONFIDENTIAL
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I now come to my observations on the subject of the possible opening of our Convention to the CSCE member States which are not members of the Council of Europe.
I shall list first the disadvantages involved in this, then the advantages, before drawing some brief conclusions.
I see three possible disadvantages. Firstly, the Committee is still very young; even if it is no longer feeling its way, its working methods are not yet firmly established. The participation of other States, such as Canada and the Soviet Union, might entail a whole series of difficulties. For example, this could lead to a re-appraisal of the Committee's approach to and perception of its task. Such difficulties might eventually have the effect of complicating the CPT's work unduly.
Secondly, with the resources available to it, the Committee already has great difficulty in fulfilling its very weighty and exhausting responsibilities, when the number of States involved is only 20. The situation would be worse if the Convention was opened to other States, especially to large countries such as those which I mentioned a few moments ago. The CPT's current infrastructure would need to be reviewed accordingly.
Thirdly, for the Convention to be opened to other States, we should have to amend it, and that would entail legislative work within the Council of Europe.
These, Madam Chairman, are the major disadvantages. Together, let us see whether they are insurmountable.
I should like to point out first of all that opening our Convention to new, Council of Europe non-member States would necessarily be a fairly lengthy process: the drawing up of an amending Protocol, its adoption by the Committee of Ministers and its ratification by all the States concerned would take not less than five years.
As far as the first disadvantage is concerned, I think that the Committee will have completed its "running in" period before the possible amending Protocol comes into force and will have consolidated its working methods sufficiently for the participation of other States not to jeopardise its vitality.
Similarly, where the CPT's resources are concerned, I think that in four to five years' time the Committee of Ministers will have had the opportunity to strengthen the existing structures. Moreover, the accession of new, Council of Europe non-member States to the Convention could be negotiated in such a way as to provide for an appopriate financial contribution from those States.
Lastly, the task of amending the Convention should not entail insurmountable obstacles. In this connection, I have complete confidence in the great experience of the Council of Europe's bodies. It goes without saying that our Committee would be prepared to provide all the necessary assistance. CONFIDENTIAL
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As you can see, the disadvantages of opening up our Convention are not insurmountable. But what would the advantages be?
I must confess that I see only one advantage, but a vitally important one. It is not a practical or technical advantage, but an ethical one. The same very noble ideals which led the Council of Europe member States to take this highly significant step - in short, to protect human dignity in the places in which it is most exposed to the risk of ill-treatment - those same ideals should encourage States to widen the circle of the States contributing to this exemplary task.
Madam Chairman, whenever the Committee visits a prison, a police station, barracks or a psychiatric hospital, it asks itself one basic question: is what we are seeing or hearing in keeping with the requirements of humanity? Is what we are seeing or hearing consistent with the principle of respect for human dignity? And whenever we visit a prison, a police station, barracks or a psychiatric hospital, we are in fact applying the great principles proclaimed 200 years ago by Emmanuel Kant. Above all, we are applying the following sentence, which I take the liberty of quoting to you, from that extraordinary book "The Metaphysic of Morals": "Nevertheless, I cannot deny the depraved man himself all respect as a human being because at least the respect which is due to him as a human being cannot be taken away from him even though he renders himself unworthy of it through his acts". It is not by chance that I have quoted Kant. His ideas and principles were based on a fundamental assumption: universality. Respect for human dignity is universal. Why, then, restrict the action taken to assert that dignity to the boundaries of the Council of Europe? If we can, why not extend the protection of that which is human far beyond those boundaries? Let us not forget that this extension would have an enormous educational impact. If the Council of Europe member States have been in the vanguard in this field, why should they not show other States the way?
These, Madam Chairman, Ladies and Gentlemen, are the few remarks I wanted to make concerning the opening of our Convention to the members of the CSCE. As you can see, in my opinion the main advantage of this is neither political nor diplomatic: it is of a moral nature. It is for you, of course, to decide whether the moral argument represents a sufficient basis for such a step.".
The Representative of Norway congratulated the President of the CPT on his statement and on the first report submitted to the Committee of Ministers. At the initial examination of the CPT report by the Committee of Ministers, he had felt that it was not enough merely to take note of the report but that it merited a more substantial examination. He referred to paragraph 89 of the CPT report in which it was stated that anything longer than a two-year interval between periodic visits to a given country would seriously undermine the Committee's credibility. For his part, he did not believe that such an eventuality would be harmful to that extent. Moreover, if such a programme were adopted, the CPT would require an increase in its resources. He then referred to paragraphs 91 ff of the CPT report concerning the requests by the CPT to States Parties to inform, by appropriate means, the relevant national authorities and staff of the existence, powers and role of the Committee. CONFIDENTIAL
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Referring to the Committee's statement in paragraph 92 that far from all Parties had heeded the CPT's requests, he wondered what role the Committee of Ministers might play in this connection, and whether it would be expedient for it to encourage States Parties to accede to these requests. He himself would be prepared to take such action. Lastly, he thought it would be useful for the Committee of Ministers to have available the rules of procedure governing the work of the CPT.
In reply to the Representative of Norway, the President of the CPT acknowledged that the aim of carrying out a visit to each State Party every two years was indeed an ambitious programme. Moreover, in the light of experience, achieving such a frequency by 1993 would appear to be an over-ambitious aim. The CPT would therefore probably be obliged to postpone this objective until 1994 or 1995. Preparing and carrying out visits together with the drafting of reports to States Parties represented a considerable amount of work and required much time, despite the fact that the CPT was assisted by a skilled Secretariat. As regards the very objective of a visit every two years, he underlined that in most States Parties there were many places falling within the CPT's mandate, and that in the course of a given visit, the Committee was only in a position to go to a very limited number of these places. With reference to the second question raised by the Representative of Norway, he said that the CPT felt it was extremely important for States Parties to address circulars to the competent national bodies. In this connection, the CPT had considered that some examples of circulars addressed by certain States to their competent organs should be forwarded to those States Parties which had not yet applied this measure to serve as models. He said that a request addressed by the Committee of Ministers to States Parties not having complied with the relevant CPT requests would indeed be most useful.
He added, with reference to the remarks in paragraph 40, second sub-paragraph, of the first CPT report of activities, that since the adoption of the report, almost all States Parties had acceded to the request for information made by the CPT.
The Representative of Turkey made the following statement:
"We wish first of all to express our thanks to President Cassese for attending our meeting today.
The European Convention for the Prevention of Torture represents an important and original contribution to the machinery for protecting Human Rights. Thanks to this system, certain of the most fundamental and most indispensable of our existing standards affecting our common values acquire increased international efficiency both in terms of time and of people: in terms of time, because a non-judicial preventive mechanism is used to penetrate the national systems before any violation is committed; in terms of people also, because the machinery is devised to prevent violations at the collective rather than the individual level. CONFIDENTIAL
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We are satisfied to note that the Committee for the Prevention of Torture, set up in November 1989 under your chairmanship, Professor Cassese, and responsible for organising visits to the signatory member States, has succeeded within a few months in creating the legal and material bases for performing its work and in carrying out seven visits to member States, which fully demonstrates the energy and determination of the Committee.
A study of your first report of activities also shows us that your Committee has given priority to a scientific approach in a field which still remains to be consolidated, not only conceptually, since there are no pre-established definitions, but also materially, because not all the member States have been visited and therefore not all the necessary parameters are available for a comprehensive comparative analysis of the scope of preventive action.
In this connection, I should like to put two questions to President Cassese, the first of which concerns paragraphs 95 and 96 of the report. Does the Committee contemplate a possible collaboration with States, firstly at the level of experts and secondly at governmental level, for drawing up the standards relating to the treatment of persons deprived of their liberty?
My second question concerns the "alarm system" which is dealt with in several paragraphs of the report (paragraphs 12, 23, 25, 26, 48). I am aware of the difficulties which your Committee may experience with regard to filtering the different items of information, hence my question. Has the Committee already been able to establish certain criteria, certain rules of conduct regarding the credibility and reliablity of the information received?".
The President of the CPT confirmed that the Committee had so far visited seven countries (in paragrah 10 v. of the report, mention is made of five visits; since then, two further visits had been carried out). In this connection, he added that Austria - the first country visited - had just authorised the CPT to publish its report which normally remained confidential. He felt that this was an exemplary step on the part of the Austrian authorities.
As to the gradual building up of a set of standards, the CPT had not considered the possibility of calling on national experts. On the basis of its experience over a certain period of time, it was indeed felt that it should evaluate its own practice and establish such standards, though these would obviously not be legally binding. It went without saying that, before the said standards were made public, they would be presented to the Committee of Ministers. With reference to the alarm system described in Rule 30 of its Rules of Procedure, the CPT had used it with great caution. The system had been employed on several occasions and the authorities of the countries concerned had fully realised that there could be no question of regarding this as undue interference by the CPT in their domestic affairs.
The President of the CPT then quoted a number of sources of information used by the Committee, namely the annual report of the USA State Department on human rights practices, documents issued by the United Nations Commitee Against Torture (CAT) and the United Nations Human Rights Committee (CCPR), the reports by Amnesty International, the reports by the United Nations CONFIDENTIAL
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special rapporteur on torture etc. The CPT also sometimes received information from individuals. He added that the CPT made a case-by-case examination of allegations, using a great deal of care and caution. The media were not always regarded by the CPT as a reliable source.
The Representative of Italy thanked the President of the CPT for his outstanding statement and asked whether the CPT found in the Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment provisions which would enable it to promote the protection of detained persons from possible aggression by fellow prisoners. With regard to the possible increase in the geographical scope of the Convention, he had been greatly interested in the views expressed by Mr Cassese. He particularly noted that the President of the CPT had mentioned Canada and thought that the idea of a gradual approach on this matter should deserve the attention of the Committee of Ministers.
In reply to the question from the Representative of Italy concerning the protection of prisoners from aggression by other prisoners, the President of the CPT said that the CPT had not yet given detailed attention to this matter. In a number of countries, there were specific rules concerning such cases. In certain countries, for example, the authors of sexual crimes were placed in isolated units within the prison, often at their own request. However, it was not excluded that in countries where such regulations did not exist the question might come within the sphere of competence of the CPT. Indeed, the tasks devolving upon the CPT consisted of ensuring all-round protection for persons deprived of their liberty against ill-treatment, whatever its source. In cases where it proved necessary, it would obviously be possible for the CPT to make recommendations and draw the attention of the competent authorities to the approach followed in other countries. With regard to the possible opening of the convention to non-member States, the CPT would be somewhat reticent to open it to non CSCE States from other continents. In this connection, he referred to the work of the United Nations on the subject of preventing torture and said that the discussions on this item within the UN Commission on Human Rights had been postponed until 1992. Consequently, it seemed that they would have to wait for ten years or more before seeing the United Nations acquiring the same kind of treaty as the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. It might be possible to envisage the accession of a number of countries from other continents to the European Convention as a provisional measure, these countries later acceding to a similar convention within the United Nations framework.
The Representative of Portugal thought that the idea of opening the Convention even to non-European States was an excellent one, for the very reason that Europe could not strengthen its own law unless it extended its scope to other countries. In an initial phase, the whole of Europe should be covered together with North America and Latin America. He felt however that it would be necessary to wait until the Committee had completed its first round of visits. He also thought that the drafting of a Protocol to the Convention would take less than five years. Lastly, he wondered whether it would be CONFIDENTIAL
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profitable for national committees to be set up to exercise functions similar to those of the CPT.
The President of the CPT felt for his part that, precisely because the preparation and entry into force of a Protocol would require some time, it would be worthwhile to start work immediately and not await the outcome of the first round of visits, namely the end of 1992 or 1993. With regard to possible national committees similar to the CPT, he said that independent national inspectors already existed in a number of Council of Europe member States; he referred in particular to the excellent system which existed in the United Kingdom. The creation of such inspectors might be suggested in countries where no such system existed.
The Representative of Switzerland expressed his satisfaction that the Committee of Ministers had invited the President of the CPT to this exchange of views and wished to stress the outstanding nature of Mr Cassese's address. With regard to the attitude of administrations towards prisoners, he recalled that the European Committee on Crime Problems (CDPC) had established a series of rules which, albeit not binding, constituted a set of recommendations. These rules had been translated, moreover, into the various national languages of Switzerland.
The President of the CPT said that the CPT had used the rules referred to and, insofar as they were sometimes rather vague, had also tried to give them more practical meaning in its day-to-day work.
The Representative of the United Kingdom concurred with the delegations who had congratulated the CPT on its work and welcomed the presence of its President before the Committee of Ministers. He reiterated the praise he had expressed at the previous meeting with regard to the very effective and discreet manner in which the CPT had carried out its duties. He also thanked Mr Cassese for the kind words he had expressed with regard to the system of national inspectors existing in the United Kingdom.
With regard to opening the Convention to non-member States, he added that his authorities shared the views expressed in Mr Cassese's letter dated 1 February 1991 (CM(91)37).
The Chairman thanked Mr Cassese for the exchange of views which would be very useful to the work of the Committee and hoped that another exchange of views, as stimulating as the present one, could be arranged in the future.
Following the exchange of views with the President of the CPT, the Representative of France pointed out that his authorities had a rather restrictive standpoint with regard to the question of opening the Convention. CONFIDENTIAL
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In their view, the Convention was very recent and it would be preferable to give it time to be run in before considering possible negotiations on a draft Protocol.
The Representative of Italy said that Mr Cassese seemed to have weighed up with great care the drawbacks and advantages of a possible opening of the Convention. If the Committee of Ministers were to decide to open the Convention, the situation would perhaps have time to mature in the - fairly lengthy - interval necessary for preparing the draft Protocol.
Decisions
The Deputies
1. agreed to resume consideration of the 1st general report of activities of the CPT (November 1989-December 1990) (CM(91)32), and in particular of a number of questions raised by the CPT in that report, at their 460th meeting (June 1991);
2. agreed to resume consideration of the question of opening the Convention to non-member States of the Council of Europe at their 461st meeting (September 1991). 458th meeting - May 1991
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17. EQUAL OPPORTUNITIES AND EQUAL TREATMENT FOR WOMEN AND MEN ON THE LABOUR MARKET Assembly Recommendation 1146 (1991)
The Representative of Norway proposed changes to paragraph 6 of the draft reply to this Recommendation, in order to remove the implication that equality was an issue treated very actively in the Secretariat, which he felt was not the case. He added that the full title of the Secretary General's annual report on equality should be included in the draft: reply.
In response to a request by the Representative of the United Kingdom for information on the current state of play regarding the question of a European Observatory for Equality and the preparation of a European Public Campaign on Equality, the representative of the Secretariat stated that the European Committee for Equality between Women and Men (CEEG) had recently approved the terms of reference of the Working Party established to examine the creation of the Observatory, and that the Working Party would submit proposals for the Deputies' consideration next year. With regard to the Public Campaign, foreseen for 1993, the CEEG had asked for a consultant's report on this question, on the basis of which the Deputies would be seized of exact proposals for such a Campaign.
In the light of the foregoing, the Representative of the United Kingdom requested certain changes to paragraphs 2. ii) and iii) of the draft reply to the Assembly, to take account of the fact that the Deputies had not finally decided on the two activities mentioned therein.
Decisions
The Deputies
1. invited the Secretary General to bring Assembly Recommendation 1146 (1991) on equal opportunities and equal treatment for women and men on the labour market to the attention of their governments, and of all Committees and concerned bodies of the Council of Europe;
2. adopted the following reply to Assembly Recommendation 1146:
"1. The Committee of Ministers shares the concern of the Assembly over the unsatisfactory situation of women on the labour market, a concern clearly evinced by the latter in its Resolution 855 (1986) on equality between women and men, and by the Committee of Ministers in its Declaration of 16 November 1988 on the same subject. CONFIDENTIAL
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2. In the context of the Organisation's Intergovernmental Programme of Activities, questions relating to equality between women and men are treated by the European Committee for Equality between Women and Men (CEEG). This intergovernmental committee has a mandate to develop a multi-disciplinary approach to equality problems, to promote the taking into account of this dimension in the context of activities undertaken under the auspices of other Steering Committees, and to undertake specific actions contributing to the implementation of a genuinely equal democracy between women and men. In the intergovernmental context, such actions currently include, notably:
i) the promotion of contacts and the exchange of experiences between national mechanisms for equality, and the development of non-judicial means for the application of this principle;
ii) the consideration of the creation of a European Observatory for Equality, to act as a focal point for the exchange of information and documentation on equality issues amongst the member States;
iii) the preparation of a European Campaign to raise public awareness of equality which might be launched in 1993, an activity which will involve contacts and co-operation with Non-Governmental Organisations (NGOs) active in this field, organisations with which the CEEG already has contacts with a view to bringing its achievements to the attention of a wider public.
3. Political impulse has been given to these actions at the level of governments through the two Conferences of European Ministers on Equality between Women and Men (in 1986 in Strasbourg, and in 1989 in Vienna), both of which adopted Resolutions and Recommendations proposing strategies and measures in line with the views expressed by the Assembly. The third of these Conferences will take place in Italy in 1993. Moreover, in the context of co-operation with countries of Central and Eastern Europe, a conference will be held in Poland in December 1991 on Equality between Men and Women in a Changing Europe, with the general theme of strategies for equality between women and men as a prerequisite for democracy.
4. Moreover, the 4th Conference of European Ministers of Labour (Copenhagen, 25-27 October 1989) adopted a Resolution on the Employment of Women, which corresponds in large measure to the concerns expressed by the Assembly, notably as regards changing traditional behaviour patterns by informing the public and through education, equality of treatment in CONFIDENTIAL
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employment (access of women to positions of responsibility), problems faced by specific groups of women, and the reconciliation of family and working life. The Steering Committee for Employment and Labour (CDEM) has recently proposed that an activity be undertaken on this last aspect.
5. Concerns raised by the Recommendation were also debated at length in the context of the preparatory work which resulted in the Additional Protocol to the Social Charter (ETS No. 128). This Protocol was opened for signature on 5 May 1988, and has since been signed by 12 member States; its Article 1 deals directly with the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex.
6. In September 1990, the Secretary General named a Counsellor for Equality, whose first task is to propose to the Secretary General a number of measures liable to ensure greater equality in the Secretariat. Amongst measures already taken, an amended Regulation on Part-Time Work (Resolution (90)47) adopted by the Committee of Ministers has led to 13 women being granted authorisation to work half-time, while 21 women and 1 man benefit from authorisation to work part-time on either an 80% or a 90% basis.
7. Finally, the Committee of Ministers has recently decided that the Secretary General's annual reports on the activities undertaken to achieve equality between the sexes in the Organisation's various fields of activity and in the Secretariat, the first of which will cover 1991, should be communicated simultaneously to the Committee of Ministers, to the CEEG for observation and comments, and to the Parliamentary Assembly.".
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18. STATUS OF THE EUROPEAN COMMITTEE FOR EQUALITY BETWEEN WOMEN AND MEN (CEEG) (Concl(91)456/12, CM(91)31)
Decision
The Deputies agreed to the request of the CEEG that it be transformed into a Steering Committee when its present terms of reference expire at the end of 1991.
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19. EUROPEAN SOCIAL CHARTER 11th cycle of supervision of the application of the Charter (1st group of States) (1986-1987) Assembly Opinion No. 156 (1991) (Concl(91)455/28, CM(91)60 and Addendum, Assembly Opinion No. 156)
The Representative of the Netherlands regretted that no individual draft Resolutions had been presented in connection with the present cycle. She noted that the Committee for the European Social Charter had unanimously advocated that the Committee of Ministers should in future adopt individual Resolutions.
The Chairman noted that Resolution ChS (91)1 was adopted.
The Representative of Portugal informed the Committee that his country would shortly ratify the European Social Charter.
The Representative of Luxembourg said that the Council of State had already given its opinion on the Bill approving the European Social Charter and he hoped, though he could not guarantee this, that the Charter could be ratified by his country before summer 1991.
Decisions
The Deputies
1. adopted, in accordance with Article 29 of the Charter, Resolution ChS(91)1 concerning the implementation of the European Social Charter during the period 1986-1987 (11th period of supervision - first group of States), as it appears at Appendix 3 to these Conclusions;
2. took note of Assembly Opinion No. 156 (1991).
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20. EUROPEAN SOCIAL CHARTER Report of the Governmental Committee to the Committee of Ministers proposing a form for the application of the Protocol to the European Social Charter (Concl(91)455/11, CM(91)27)
The Representative of Sweden said that the Swedish Ministry of Social Affairs had comments to offer on the draft form proposed by the Governmental Committee and that the relevant comments were contained in a "non-paper" which his delegation had had distributed. If the proposed draft form raised problems for certain delegations or if, on the other hand, delegations considered that the existing draft form was a satisfactory instrument, his delegation would be able to fall in with whichever majority opinion emerged. He reminded his colleagues that the Governmental Committee of the Charter would not meet again before December 1991. Furthermore, Finland had just acceded to the Social Charter and Portugal was preparing to do so. His delegation therefore had an open mind on the matter.
The Representative of Germany said that his authorities fully supported the proposals put forward in the Swedish delegation's "non-paper".
The Representative of Finland said that he could accept the Swedish delegation's proposals but that his authorities were also in favour of the draft form as it now existed.
The Representative of the United Kingdom said that his authorities felt that the draft form submitted by the Governmental Committee was acceptable. They had not yet had the opportunity to examine the amendments proposed by the Swedish delegation and he had no instructions at this stage.
The Chairman noted that the Swedish delegation could accept the draft form prepared by the Governmental Committee. Another option would be to have the draft form examined by an ad hoc working party of the Deputies with a view to re-examining it at a future meeting. Lastly, if the German Delegation were prepared to adopt the same position as Sweden and accept the existing text, the Committee could adopt the draft form there and then. She noted that this was the case and that the Swedish Delegation was in agreement.
Decisions
The Deputies
1. took note of the report of the Governmental Committee proposing a form for the application of the Protocol to the European Social Charter (CM(91)27);
2. adopted the form for the application of the Protocol to the European Social Charter, as it appears at Appendix 4 to these Conclusions.
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21. INTERPRETATION OF CERTAIN PROVISIONS OF THE EUROPEAN CONVENTION FOR THE PREVENTION OF TORTURE AND INHUMAN OR DEGRADING TREATMENT. OR PUNISHMENT (Concl(91)455/13 and 14, CM(90)180, 212, CM(91)55)
Speaking as Chairman of the Deputies' Rapporteur Group on Legal Co-operation, the Representative of Spain made the following statement:
"Dear colleagues, at your 451st meeting in January, you instructed the Rapporteur Group on Legal Co-operation to look at several problems concerning the interpretation of certain provisions of the European Convention for the Prevention of Torture. You instructed it to do so not only because there were problems with interpretation of the Convention itself, but also because there were several preliminary questions of a general legal nature.
The Rapporteur Group met on 14 March 1991, and you will find its report in CM(91)55. Obviously, I will not repeat everything the report says in my oral comments here, but merely indicate its main lines.
With regard to the preliminary question of the Committee of Ministers' authority to interpret the Convention, the Rapporteur Group unanimously agreed that the Committee of Ministers cannot give an authentic interpretation, ie an interpretation binding on parties to the Convention. However, a majority of the Group considered that there was no legal reason why it should not give an interpretation which was not binding on the parties. Whether or not the Committee of Ministers wishes to give such an interpretation is a political question which it must decide for itself. In paragraph 5 of the report, we merely indicate the arguments advanced for and against the giving of such interpretations which - I repeat - would not be binding.
As for the legal status of the explanatory report, we took the view that it was clearly very useful for interpretation of the Convention, but did not have the same value as the text itself. In any case, whatever the value of arguments based on the explanatory report may be, an interpretation adopted by the Committee of Ministers cannot be authentic and thus binding.
As for the first question regarding interpretation of the text of the Convention itself, concerning the possibility of visa requirements for members of the Committee and experts accompanying them, the Rapporteur Group concluded that the country concerned must do everything possible to allow these experts and members to visit its territory, and even carry out surprise or lightning visits. Some member States have exempted members of the Committee and experts from visa requirements for this purpose. However, the Group concluded that other arrangements effectively allowing members of the Committee and experts assisting them to visit the country concerned rapidly were not incompatible with the Convention. The Group noted that there had been no problems in practice, and that the visas requested had been issued at once in all the cases brought to its notice. CONFIDENTIAL
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As for the necessity of giving reasons for refusing to admit an expert or other person assisting the Committee, the Group noted that neither the wording of the Convention nor the wording of the explanatory report implied a specific obligation of this kind. It was pointed out, however, that Article 3 of the Convention, which demands close co-operation between the Committee and the national authorities, might - and I emphasise the word might - imply an obligation to give reasons. In any case, the main thing is to make it possible for the Committee for the Prevention of Torture (CPT) to appoint other persons to replace those refused admission, and the Committee has not so far had any difficulty in doing this in practice. I would repeat that this is a matter on which the country concerned and the CPT must co-operate. When requesting reasons, the CPT should indicate that this will help it to replace persons refused admission.".
The Representative of Switzerland made the following statement:
"The Swiss delegation attaches great importance to interpretation and application which are consistent with the fundamental idea behind this novel system of visits. The Committee of Ministers should thus again confirm the importance of the explanatory report, emphasising that this forms part of the "context" of the Convention within the meaning of Article 31.2 of the Vienna Convention on the Law of Treaties.
With regard to interpretation of Article 14, paragraph 3, of the Convention, if the Committee does not know why admission has been refused, it cannot appoint a person acceptable to the State concerned within a reasonable time. This might well delay the visit considerably and so prove detrimental to the proper functioning of the system, which aims at effective protection of persons deprived of liberty against torture. In the Swiss delegation's view, any State which fails to give reasons for its refusal is violating its obligation of co-operating with the Committee (Article 3 of the Convention), an obligation which applies throughout all phases of the Committee's activity.".
The Representative of Turkey made the following statement:
"We have carefully studied the report of the Rapporteur Group on Legal Co-operation. We agree with the unanimous finding in paragraph 3 of the report which states that "the Committee of Ministers is not empowered to give an authoritative interpretation of a treaty drawn up at the Council of Europe". However, we have some reservations as to other parts of the report advocating a role for the Committee of Ministers to give a non-binding interpretation of the Convention against torture.
First of all, we do not consider that it would be appropriate to use the word "interpretation" for both a binding and a non-binding conclusion. Since the Rapporteur Group quite rightly agreed that the Committee of Ministers has no power to give an authoritative interpretation with binding effect on the Contracting Parties, we think that any other conclusion which the Committee of Ministers may want to take for political reasons and in accordance with the Statute of the Council of Europe should be called an "opinion" instead of an CONFIDENTIAL
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"interpretation". In any case, we believe that such an expression of opinion cannot be considered as an "agreement between the Contracting Parties or of the Contracting Parties" in the meaning of Article 31.3 of the Vienna Convention on the Law of Treaties. Therefore, the Turkish Government formally requests the Committee of Ministers to include an appropriate reference to this point in the "Conclusions".
Secondly, we want to point out that the Committee of Ministers is a political body and should not be playing a role by adding to the treaty text as agreed upon any additional legally binding pronouncement or should not be establishing a "practice" with legal effect. We believe that this should also be clearly understood with respect to Article 12 of the Convention. We do not think that this provision allows the Committee of Ministers to formulate opinions and interpretations whatsoever. We therefore take formally exception to the last sentence in footnote 2 at page 2 of document CM(91)55.
As to the specific issues of Convention interpretation dealt with by the Rapporteur Group in the second part of this report, the Government of Turkey has noted with interest and satisfaction the opinion expressed therein. Likewise, we believe they are expressions of opinion, but not interpretations with any legal effect. And in this respect, such expressions of opinion are of the same legal nature as the explanatory report itself, namely a legally non-binding act. We have, therefore, no difficulty with the wording of paragraph 7 of the report. The statement made therein that the explanatory report "has to be taken into consideration when giving an opinion" should rather read "may usefully be taken into consideration", so as to conform to the agreed principle of the legally non-binding nature of the explanatory report.
Finally, may I request, due to the importance of this matter for future cases of interpretation of Council of Europe Conventions, the inclusion of my statement in full in our Conclusions.".
The Chairman noted that there was agreement that the Committee of Ministers could not give an authoritative interpretation. The question therefore was whether it wanted to give a non-binding interpretation/opinion.
The Representative of Belgium wondered about the feasibility of a reconsideration of this question leading to a consensus on such an opinion.
The Representative of Spain said that, if the Committee so decided, he was willing to submit this question again to the Rapporteur Group. However, he thought that in the present report such an opinion was already implicitly contained and that it would be difficult to go much further.
The Representative of Italy agreed with the previous speaker.
The Representative of Switzerland asked for the report of the Rapporteur Group to be forwarded to the CPT. CONFIDENTIAL
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Summing up the discussion, the Chairman noted that the Deputies could agree to the forwarding of the report of their Rapporteur Group on Legal Co-operation on Interpretation of certain provisions of the European Convention for the prevention of torture and inhuman or degrading treatment or punishment (CM(91)55) to the European Committee for the prevention of torture and inhuman or degrading treatment or punishment, subject to the references to a non-binding interpretation by the Committee of Ministers being changed into references to a non-binding opinion of the Committee of Ministers.
Decision
The Deputies authorised the forwarding of the report of the Rapporteur Group on Legal Co-operation on Interpretation of certain provisions of the European Convention for the prevention of torture and inhuman or degrading treatment or punishment to the European Committee for the prevention of torture and inhuman or degrading treatment or punishment. 458th meeting - May 1991
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22. DRUG MISUSE AND ILLICIT TRAFFICKING AND THE QUESTION OF LEGALISATION Assembly Recommendation 1141 (1991)
The Representative of Germany informed the Deputies of his Parliament's intention to ratify, in the near future, the European Convention on laundering, search, seizure and confiscation of the proceeds from crime.
Decisions
The Deputies
1. agreed to bring Assembly Recommendation 1141 (1991) to the attention of their governments;
2. adopted the following reply to Assembly Recommendation 1141:
"1. The Committee of Ministers shares the Assembly's concern over the continuing seriousness and in some respects deterioration of the situation in respect of drug misuse and illicit trafficking affecting European countries. It values highly the activity that the Assembly has developed in recent years to promote policies and actions designed to meet this threat and welcomes in particular Recommendation 1141 (1991) and the report setting out arguments for and against legalisation which accompanies it.
2. The policy of member States continues to be clearly against the legalisation of drug production, trafficking, trading, or use, a policy re-affirmed by Ministers of the Pompidou Group at their 9th Ministerial Conference in November 1990. A large majority of Council of Europe member States are parties to the United Nations Single Convention on Narcotic Drugs of 1961 which sets the basic international legal framework for controls on narcotic drugs. Under these circumstances, the Committee of Ministers does not consider it necessary to undertake further specific investigations into the arguments for or against legalisation.
3. The Committee of Ministers agrees with the Assembly that reducing demand for drugs plays an important role in solving the international problem of drug misuse. Nevertheless, it attaches great importance to supply reduction and welcomes measures to that effect. In Resolution (73)6 on the penal aspects of drug abuse, the Committee of Ministers stated that the primary role of the law in this field should be to regulate the manufacture, the production and the distribution of drugs and to define and make punishable activities likely to foster drug abuse. This statement is still valid. Co-operation at a pan-European level on both demand and supply reduction was discussed at the 1st CONFIDENTIAL
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Pan-European Conference of the Pompidou Group - "The drug situation in a changing Europe" (Oslo, 9-10 May 1991) - in which all Central and Eastern European countries participated and which discussed, inter alia, controls on precursors and essential chemicals, and the organisation of drug prevention, treatment and rehabilitation services.
4. The Committee of Ministers joins the Assembly in endorsing the conclusions of the 1st World Ministerial Summit to Reduce Demand for Drugs and to Combat the Cocaine Threat (London, 9-11 April 1990), and stresses the will of member States to implement the Political Declaration and conclusions thereof. It will review in due course action taken but in view of the wide scope of the declaration and the date of the Conference, it considers it would be more expedient to postpone the reporting to the Assembly until 1992.
5. The Committee of Ministers would like to recall, with regard to the commitment of member States to the international fight against drug trafficking, its adoption of the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, subsequently signed on 8 November 1990 by 12 member States, and it urges other member States to sign the Convention at the earliest possible juncture.
6. With a view to long-term demand reduction, health education is undoubtedly the crucial element. In this context, the Committee of Ministers has noted with satisfaction the success of the pilot-projects on prevention and education for health undertaken by the European Public Health Committee in collaboration with the Commission of the European Communities and the World Health Organisation (WHO) Regional Office for Europe, and has included in the Intergovernmental Programme of Activites for 1991-1993 a major project (vi.3) to capitalise on this accumulated experience by promoting similar action throughout member States.
7. Member States have played and will continue to play a major role individually or collectively through the Pompidou Group in the promotion of dynamic action by the United Nations. This action of member States has been apparent in, inter alia, the negotiations and adoption of the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, and more recently in the Group of Independent Experts established to help the UN Secretary General strengthen the UN response to the world drug problem.
8. The Committee of Ministers would draw attention to the recent Pompidou Group symposium on the role of primary care services in improved accessibilty and adaptation of treatment and rehabilitation services to the needs of drug users with a view to increasing numbers in treatment and ensuring earlier contact between drug users and services. They would also wish to note the major new activities in the Group's current work programme on the sharing of experience and the planning of treatment and rehabilitation strategies. CONFIDENTIAL
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9. In Resolution (76)10 on some alternative measures to imprisonment the Committee of Ministers recommended the governments of member States to develop existing alternatives to imprisonment and to study various new alternatives to prison sentences with a view to their possible incorporation into their respective legislations. As the Committee of Ministers stated in Resolution (73)6, penal measures against drug abuse should be envisaged as part of a broader national response which also includes preventive and rehabilitative elements and takes account of general policies of social development.".
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23. STEERING COMMITTEE ON SOCIAL POLICY (CDPS) Report of the 6th meeting (Strasbourg, 4-6 March 1991) (CM(91)74)
The Representative of Italy made the following statement:
"My authorities have informed me that they have certain reservations regarding the establishment of this new Committee [Evaluation Committee of Project III.4 "Specific social problems associated with recent changes in family structures], which may well duplicate the activities normally undertaken by the CDPS, with the added disadvantage of restricting them to a limited number of countries.
Although described as a "Committee of experts", this Committee would in fact exercise general supervisory and planning functions which seem to us to fall within the competence of the CDPS itself.
In reality, the new Committee's only technical task - the preparation of draft Recommendations - would not seem to justify the establishment of an eleven-member body.
I even wonder whether there are any precedents for this in the Council of Europe's procedure and practice.
There is also a problem of credibility. What, Mr Chairman, would be the credibility of an Evaluation Committee whose members were asked to evaluate their own work? In fact, nearly all the members of the new Committee are already members of the CDPS.
In any case, I should also like to have some indication of the criteria followed in determining the composition of this new Committee and selecting its members.".
The Chairman proposed that consideration of the terms of reference for the Evaluation Committee of Project III.4 be postponed until the next meeting of the Deputies (June 1991).
Decisions
The Deputies
1. authorised the postponement of the completion of Project III.4 until the end of 1992;
2. noted the other decisions taken by the CDPS for the implementation of this Project in 1991 (see paragraphs 22-29 of CM(91)74); CONFIDENTIAL
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3. prolonged until 30 June 1992 the time limit for carrying out the ad hoc terms of reference given to the CDPS concerning the implementation of Project III.5 on social deprivation and human dignity (Decision No CM/500/140291), in order to enable it to take into account in its opinion the conclusions of the Colloquy "Towards greater social justice in Europe: the challenge of marginalisation and poverty" which will take place in December 1991;
4. took note of the CDPS's wish that, if a committee were to be created in 1992 for the implementation of Project III.5, experts from non-governmental organisations should take part with their expenses being borne by the Council of Europe budget, and agreed to return to this, if necessary, during discussions on the programme of activities and the budget for 1992;
5. took note of the arrangements foreseen by the CDPS for the preparation of Project III.8 "Childhood policies" and the association of other Council of Europe committees and bodies concerned by questions of childhood (see paragraphs 30-33 of CM(91)74);
6. authorised the declassification of the revised versions of documents CDPS(90)5 and Addendum concerning the implementation of Recommendation No. R(85)9 on voluntary work in social welfare activities;
7. decided to resume consideration of the specific terms of reference for the Evaluation Committee of Project III.4 "Specific social problems associated with recent changes in family structures", as set out in Appendix IV to CM(91)74, at the 460th meeting (June 1991);
8. taking into account points 1-7 above, took note of the report of the 6th meeting of the CDPS (CM(91)74) as a whole. 458th meeting - May 1991
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24. LABELLING OF QUALITY FOOD PRODUCTS Assembly Recommendation 1142 (1991) (Concl(91)452/7a)
The Representative of the Netherlands stated that his authorities would like it to be noted that they had objections to this subject being treated by the Council of Europe. It could cause problems; indicating the region of origin of food products, for example, could lead to the imposition of trade restrictions. His authorities preferred that these questions be treated exclusively by the European Community.
The Representative of France supported this statement.
Decisions
The Deputies
1. agreed to bring Recommendation 1142 (1991) on the labelling of quality food products to the attention of their governments and of the Commission of the European Communities;
2. adopted the following reply to Assembly Recommendation 1142 (1991) on the labelling of quality food products:
"1. The Committee of Ministers also considers that the consumer is entitled to relevant information on all aspects of production, processing, quality and origin of foodstuffs, in particular on those aspects which have health implications. Indeed, problems relating to foodstuffs and health control of food products occupy an important position in the programme of activities of the Public Health Committee of the Partial Agreement in the Social and Public Health Field.
2. Currently, the Committee of Experts on the Health Control of Foodstuffs and its subordinate bodies are primarily concerned by problems of contamination by additives arising either out of accidental contamination or via the natural environment, particularly heavy metal residues, nitrates and pesticides. The Committee of Experts of the Partial Agreement encourage a uniform approach to this problem through the means of drawing up general directives and undertaking toxicological evaluations of the various additives present in foodstuffs. The work in this field aims principally at diminishing the risk of foodstuffs' contamination by chemical substances directly or indirectly applied to food. CONFIDENTIAL
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3. Labelling of pesticides is covered in detail in the "Pesticides" booklet, the 7th edition of which will be published in late 1991. This booklet draws up directives on approving pesticides and their residues in order to reduce to the greatest possible extent the potential contamination of foodstuffs by plant-based health products. Recommendations on the classifying and safety labelling of pesticide products, as established in "Pesticides", cover concerns expressed by the Assembly.
4. The Recommendation will be submitted to the Committee of Experts on the Health Control of Foodstuffs for discussion at its 15th meeting in January 1992.". 458th meeting - May 1991
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26. COMMITTEE FOR THE DEVELOPMENT OF SPORT (CDDS) Report of the 14th meeting (Strasbourg, 5-7 March 1.991) (CM(91)61 and Add.)
Decisions
The Deputies
1. took note of the programme of activities to be financed by the Sports Fund in 1991 (Appendix I to CM(91)61);
2. taking account of decision 1 above, took note of the report of the 14th meeting of the CDDS (CM(91)61) as a whole.
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27. STANDING COMMITTEE OF THE EUROPEAN CONVENTION ON SPECTATOR VIOLENCE AND MISBEHAVIOUR AT SPORTS EVENTS AND IN PARTICULAR AT FOOTBALL MATCHES (T-RV) Report of the 9th meeting (Strasbourg, 31 January - 1 February 1991) (CM(91)69)
The Representative of Germany observed, regarding Recommendation 1/91 of the T-RV on the promotion of safety in sports stadia, that whilst having no objection to the text, and realising that it was communicated to the Committee of Ministers for information only, his authorities could not guarantee that stadia in the Eastern part of his country could be brought up to the required standard by the year 2000, the deadline stated in the Resolution.
Decision
The Deputies took note of Recommendation 1/91 of the T-RV on the promotion of safety in sport stadia (see Appendix I to CM(91)69), of Recommendation 2/91 of the T-RV on Guidelines for International Police Co-operation (see Appendix II to CM(91)69) and of the report of the 9th meeting of the Standing Committee of the European Convention on Spectator Violence and Misbehaviour at Sports Events and in Particular at Football Matches (CM(91)69) as a whole.
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28. AD HOC COMMITTEE OF EXPERTS ON REGIONAL AND MINORITY LANGUAGES IN EUROPE (CAHLR) Report of the 4th meeting (Strasbourg, 28-30 January 1991) (CM(91)70 and Addendum)
Decision
The Deputies agreed to examine the report of the 4th meeting of the Ad Hoc Committee of Experts on Regional and Minority Languages in Europe (CAHLR) (CM(91)70 and Addendum) at their 460th meeting (June 1991), together with the report on the 5th meeting of the CAHLR.
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- 97 - CM/Del/Concl(91)458 Item 29
29. RELATIONS BETWEEN ANIMAL HUSBANDRY AND THE QUALITY OF THE ENVIRONMENT Assembly Recommendation 1143 (1991) (Concl(91)452/7a)
Decisions
The Deputies
1. decided to bring the text of Recommendation 1143 (1991) on relations between animal husbandry and the quality of the environment to the attention of their governments;
2. instructed the Secretary General to bring Assembly Recommendation 1143 (1991) to the attention of the Commission of the European Communities;
3. decided to send Assembly Recommendation 1143 (1991) for information to the Standing Committee of the European Convention for the protection of animals kept for farming purposes (ETS 87), so that it could take account of the Recommendation in its work;
4. adopted the following reply to Recommendation 1143 (1991):
"a. The Committee of Ministers has noted with interest Recommendation 1143 and decided to bring it to the attention of governments. It also sent it to the Standing Committee of the European Convention for the protection of animals kept for farming purposes, to enable it to take account of the Recommendation in its work;
b. the Committee of Ministers is aware that the application of manure to agricultural land may result, among other things, in the contamination of foodstuffs, particularly as a result of its nitrate and heavy metal content. The problems associated with the presence of nitrates, nitrites and heavy metals in foodstuffs (meat, fish, milk products and vegetables) and in groundwater are constantly under consideration by the committees of experts of the Partial Agreement in the social and public health fields.
A report drawn up in 1989/1990 considers the principal toxicological problems associated with nitrates and nitrites in foodstuffs and gives an outline of a number of public health directives which might be envisaged in this area.
In 1989, a report was published which set out the current situation in a certain number of European countries with regard to limits on the lead, cadmium and mercury content of foodstuffs and which estimated the alimentary absorption of these food contaminants in order to assess the threat which these substances posed to the populations concerned.".
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- 99 - CM/Del/Concl(91)458 Item 30
30. SITUATION OF FRONTIER POPULATIONS AND WORKERS Assembly Recommendation 1144 (1991) (Concl(91)452/7a)
The Representative of the United Kingdom said that his Government supported the co-operation activities in favour of frontier populations. However, he had reservations about several aspects of the Assembly Recommendation. The fact was that several of the Assembly's proposals were not in accordance with United Kingdom practice. Nevertheless, he did not: see any objection to these questions being discussed by the relevant steering committees.
Decisions
The Deputies
1. adopted Decision No. CM/504/270591 granting ad hoc terms of reference to the Steering Committee on Local and Regional Authorities (CDLR), as set out at Appendix 5 to these Conclusions;
2. adopted Decision No. CM/505/270591 granting ad hoc terms of reference to the Steering Committee for Social Security (CDSS), as set out at Appendix 6 to these Conclusions;
3. adopted the following interim reply to Assembly Recommendation 1144 (1991):
"a. Recommendation 1144 (1991) on the situation of frontier populations and workers sets forth a number of proposals for improving the actual situation of frontier populations and workers in Europe, particularly with regard to questions of social security and tax matters, as well as lifelong training, information, working conditions and employment.
b. The Committee of Ministers has decided to bring this Recommendation to the attention of governments. In view of the importance and complexity of the Assembly's proposals, the Committee of Ministers, before adopting a final reply to Recommendation 1144, wished to obtain the opinion of the two Steering Committees most directly concerned: the Steering Committee on Local and Regional Authorities (CDLR) and the Steering Committee for Social Security (CDSS). A supplementary reply to Recommendation 1144 will be given to the Assembly once the opinion of the two Steering Committees has been brought to the knowledge of the Committee of Ministers. CONFIDENTIAL
CM/Del/Concl(91)458 - 100 - Item 30
c. Having regard to the place of tranfrontier co-operation in the Council of Europe's intergovernmental programme of activities, the Committee of Ministers will bear in mind when drawing up the programme for 1992 the wish expressed by the Assembly in paragraph 10 (a) of the Recommendation for this sector to be given fresh momentum and suitable prominence. For 1991, activities in this field are being conducted by the Select Committee of Experts on Transfrontier Co-operation which reports to the Steering Committee on Local and Regional Authorities (CDLR). Furthermore, specific activities are conducted in this field in the framework of the Standing Conference of Local and Regional Authorities of Europe (CLRAE) which is preparing, jointly with the Assembly, the Fifth European Conference of Transfrontier Regions (Rovaniemi, Finland, 18-20 June 1991).
d. Regarding conditions of work and employment, frontier workers have not hitherto been regarded as "migrants" and do not fall within the scope of the European Convention on the Legal Status of Migrant Workers (ETS No. 93), some of whose provisions are similar to the proposals made in Recommendation 1144. The Consultative Committee of the European Convention on the Legal Status of Migrant Workers is at present looking into this matter and the Assembly will be kept informed of the progress of its work.
e. Having regard more particularly to questions of social security, the situation of frontier workers is in principle covered by the provisions of the European Convention on Social Security, by bilateral agreements and, for the member States of the European Community, by the relevant Community regulations. Eight member States have so far ratified the Convention, including two non-Community countries (Austria and Turkey). The Committee of Experts for the Application of the European Convention on Social Security (SS-AC), on the basis of its new terms of reference, has just begun a study on a possible revision of the Convention, with particular reference to the possibility of extending its scope to include all persons subject to the legislation of the Contracting Parties, regardless of their nationality. Such a reform could provide a solution to the problems not yet resolved facing frontier workers as regards their social security cover. The Committee of Ministers will keep the Assembly informed of the outcome of this work.
For the Council of Europe member countries which are also members of the European Free Trade Association (EFTA), negotiations with the European Community regarding the European Economic Area (EEA), some aspects of which concern Community social security regulations, should also be borne in mind.
A further reply will be given to the Assembly on all these questions in the light of the opinion of the Steering Committee for Social Security."; CONFIDENTIAL
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4. agreed to resume consideration of this item at one of their forthcoming meetings, on the basis of the opinions of the Steering Committee on Local and Regional Authorities (CDLR) and the Steering Committee for Social Security (CDSS).
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31. STANDING CONFERENCE OF LOCAL AND REGIONAL AUTHORITIES OF EUROPE (CLRAE) Date of the 27th Session
Decision
The Deputies approved 17 to 19 (or 20) March 1992 as the dates for the 27th Session of the CLRAE.
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32. REDEFINITION OF SPECIAL ACCOUNT PUBLICATIONS (Concl(90)445/32, CM(91)42)
Decision
The Deputies agreed to postpone consideration of this item to a forthcoming meeting.
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33. COUNCIL OF EUROPE BUDGETS a. 1991 Budgetary Situation (CM(91)38 and Addendum, CM(91)39, 46, 49 and 65)
The Chairman noted that a joint letter dated 20 May 1991, from the Representatives of the Czech and Slovak Federal Republic and Hungary, had been circulated to delegations before the meeting.
Salary adjustments with effect from 1 July 1990
The Director of Administration recalled that the cost of the pay adjustment as from 1 July 1990 had exceeded the relevant provision in the 1990 budget by about FF 4,000,000. The Deputies had authorised any necessary transfer from Vote to Vote in order to cover the shortfall. After these transfers an amount of FF 1,363,000 remained to be financed.
This amount had been charged to the salary adjustment provisions in the 1991 Budget. The Budget Committee had recommended that the credit balance from the 1990 budget be reserved to finance any supplementary appropriations which may prove necessary in the 1991 budget to cover this unforeseen expenditure. The Secretariat could accept this proposal.
The Chairman noted that this was agreed.
Exceptional security measures
In reply to a question from the Representative of Norway, the Director of Administration said that the costs of the exceptional measures had been about FF 350,000.
Relocation of the European Pharmacopoeia
The Director of Administration said that an amount of FF 3,230,000 had been foreseen in the document on the 1991 budgetary situation for the temporary relocation of the European Pharmacopoeia. The Budget Committee had approved this amount but had suggested financing it from the additional receipts accruing to the 1991 ordinary budget and not from the credit balance remaining on the 1990 ordinary budget. The Secretariat could accept this.
However, it now seemed probable that a final solution would be adopted shortly and that the temporary relocation could be avoided. This made no difference to the costs for rent and telecommunications of FF 730,000, but the money required for the installation of the laboratory in the Palais de l'Europe would not be required, at least not the foreseen amount of FF 2,500,000. Since the foreseen expenditure of FF 2,500,000 had been fully covered by additional receipts, there was now a surplus in the 1991 Budget. CONFIDENTIAL
CM/Del/Concl(91)458 - 108 - Item 33a
The Representative of Germany said that the amount of FF 2,500,000 should be deducted from the additional appropriations approved by the Budget Committee.
The Representatives of Norway and the Netherlands said that any surplus should be repaid to the governments of member States.
The Secretary General drew attention to the needs of Vote IX, in particular the Demosthenes programme. The quality, but not the quantity, of the Council of Europe programmes under this Vote did respond to the needs of Central and Eastern European countries.
The Representatives of Switzerland, Austria and Spain said that the amount should be frozen pending a further decision of the Deputies.
Investment expenditure
The Director of Administration recalled that FF 4,500,000 of the FF 22,680,000 approved for the 1991 Investment Programme on buildings and computerisation had to be financed by means of transfers from other Votes. It was difficult to finance such an amount by transfers, in particular savings in the budget could not be identified sufficiently early in the year to enable them to be transferred to the investment programme and make it possible to carry out this programme in time. The Secretariat had therefore proposed to grant additional appropriations totalling FF 4,500,000 and to finance these appropriations from the surplus remaining from the Czech and Slovak Federal Republic's contribution to the 1991 Budget.
The Budget Committee had agreed that supplementary appropriations should be made available within the limit of the additional receipts accruing to the 1991 Budget. However, since the Budget Committee wanted the relocation of the Pharmacopoeia to be financed from the receipts accruing to the 1991 Budget, the amount available for this purpose was less than FF 4,500,000, i.e. FF 2,750,000 if one followed the recommendations of the Budget Committee on the creation of new posts, or FF 2,180,000 if one followed the Secretariat proposals.
In reply to a question from the Representative of Norway, the Director of Administration confirmed that a majority of the Budget Committee had recommended this and that there had not been unanimity.
Accession of Hungary and the Czech and Slovak Federal Republic
The Director of Administration recalled that Hungary had become a member after the draft budget had been submitted to the Budget Committee and that not all increased costs due to the accession of Hungary had therefore been included in the 1991 Budget. The remaining budgetary implications of the accession of Hungary had therefore been grouped together with the implications of the accession of the Czech and Slovak Federal Republic. CONFIDENTIAL
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The Secretariat had proposed supplementary appropriations of FF 2,664,000. The Budget Committee had accepted the technical increases (travel and subsistence allowances for Hungarian and Czechoslovak experts etc) but not all the proposals for the creation of new posts. The Secretariat had proposed the creation of 1 A2/A3 post in the Secretariat of the Committee of Ministers, 2 A2/A3 posts in the Office of the Clerk of the Assembly and 2 A2/A3 posts and 2 B3 posts in the Secretariat of the European Commission of Human Rights. The Budget Committee had accepted only the creation of 2 A2/A3 posts and 1 B3 post in the Secretariat of the European Commission of Human Rights.
The Representative of Hungary supported the Secretariat proposals for the creation of new posts. It was important that there were people with first hand experience of the situation in the new member States in the Secretariat, in particular in the Secretariat of the Committee of Ministers.
The Representative of the Czech and Slovak Federal Republic said that in a statement of the Secretary General in Prague, the entry of Central and Eastern European countries into the Council of Europe had been described as a challenge and a stimulus for the Organisation. This was a period of dramatic change in Eastern Europe and, despite certain risks and errors, these changes were irreversible. However, it would depend on the reaction of the West, including the Council of Europe, how long the transition period for the Central and Eastern European countries would be. All aid in this context was welcome and he thanked the Secretariat for the assistance provided to his country until now. He referred to the letter dated 20 May 1991 he had written together with his Hungarian colleague and recalled that Portugal had also received a more favourable financial treatment during several years in the 1970s. The Czech and Slovak Federal Republic wanted to contribute to as many programmes as possible, but its financial resources were limited.
The Representatives of Italy, France and Luxembourg supported the proposals of the Secretariat.
The Representative of Austria agreed and drew attention to the heavy workload of the Directorate of Political Affairs and the Secretariat of the Committee of Ministers.
The Representative of Norway was against the creation of new posts in the midst of a budgetary year. In cases of urgency posts which had temporarily fallen vacant could be used. He agreed that the Secretariat of the Committee of Ministers was a top priority but he had thought that this was more a question of the quality than of the quantity of the posts and he encouraged the Secretariat to make proposals in this direction. He recalled his proposal, made at the 451st meeting (January 1991, item 47), to offer special benefits to attract the best staff into the Secretariat of the Committee of Ministers. With respect to the Secretariat of the European Commission of Human Rights, he could accept the proposals of the Budget Committee. He asked whether the new posts would be reserved for nationals of the new member States. CONFIDENTIAL
CM/Del/Concl(91)458 - 110 - Item 33a
The Representative of Germany agreed with the Representative of Norway. Since there seemed to be a majority in favour of the Secretariat proposals, he wanted at least assurance that any new posts would be reserved for the nationals of the new member States.
The Secretary General confirmed this. The Secretariat was under heavy strain and in particular the Secretariat of the Committee of Ministers would break down if even one of its officials were unavailable for some time. The workload had gone beyond reasonable limits. The Office of the Clerk of the Assembly also had important new tasks, in particular if it wanted to play a pedagogical role in the new member States.
If there were vacancies, these were due to the slow recruitment procedure provided for in the applicable rules. She was not willing to take officials away from one section in order to fill vacancies in others. In no area was there a surplus of posts. During many years the Council of Europe had worked at a slow rhythm without a real political role. Owing to the new situation in Europe, this was no longer possible. The house had to have enough officials, in particular the Directorate of Education, Culture and Sport had to be developed in order to play a role in the implementation of CSCE decisions.
The Representative of Switzerland, referring to the statements of the Representatives of the Czech and Slovak Federal Republic and Hungary, supported the Secretariat proposals which were to be considered as a logical consequence of the accession of Hungary and the Czech and Slovak Federal Republic.
The Representative of Portugal said that the Deputies had to act if the Secretary General considered a reinforcement of the Secretariat to be essential. He asked the Secretary General to strengthen the Secretariat of the Committee of Ministers.
The Representative of the United Kingdom said that problems of an excessive workload had to be solved by decisions on the yearly budget and emergencies could be met by transfers. Only cases where there was a need for special knowledge, like in the Secretariat of the European Commission for Human Rights, justified a departure from this principle which was the essence of budgetary rigour. He therefore supported the proposals of the Budget Committee.
Since there seemed to be a majority in favour of the Secretariat proposals, he said that as a compromise the Deputies should take the decision now to create the new posts, but with effect from 1 January 1992. This was a difference of only 3 months compared with the Secretariat proposal. CONFIDENTIAL
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The Representative of Finland said that the principle to approve establishment changes only in the yearly budget was a sound one, but there were situations which justified the departure from sound principles and the accession of new member States was such a situation. If there was an overload of work in the Directorate of Political Affairs, this was not exclusively due to the new accessions but related to them.
The Representative of Austria said that the Committee should go ahead and approve the Secretariat proposals.
The Chairman said that there seemed to be a majority in favour of the Secretariat proposals. If no delegation insisted on a formal vote, she considered these proposals accepted.
The Representative of Norway said that his support for the proposals of the Budget Committee should be put on record.
Budget of the European Commission for Democracy through Law
The Representative of Norway had doubts concerning the transformation of the A4 specific temporary post into a permanent post. This seemed incompatible with the need to make the Secretariat more flexible.
The Director of Legal Affairs explained that under the applicable rules one could not recruit a permanent staff member on a temporary post. Informal contacts had shown that there was no suitable candidate for the specific temporary post.
In reply to a question from the Representative of Norway, the Director of Legal Affairs added that it was envisaged to recruit a staff member of the Council of Europe on this post. In view of the heavy workload of the Commission, it seemed preferable to recruit somebody already familiar with the working methods of the Council of Europe.
The Director of Administration added that the transformation of the specific temporary post into a permanent post had repercussions on the Partial Agreement's contribution to the ordinary budget since this contribution was based on the number of permanent posts. However there was no need to call for additional contributions from member States.
The Representative of the United Kingdom noted that despite the shortage of staff described above, it had in fact been decided to take a permanent staff member out of his present post in order to fill a vacancy elsewhere.
The Director of Administration said that this was not a case of transfer and that another person would be recruited for the post of the staff member. CONFIDENTIAL
CM/Del/Concl(91)458 - 112 - Item 33a
Decisions
Ordinary and Pensions Budget
The Deputies
1. in accordance with Article 16 of the Financial Regulations, fixed the contributions of the Czech and Slovak Federal Republic for the 1991 Budgets as follows:
- Ordinary Budget FF 8,074,710.00 - Pensions Budget FF 591,605.00;
2. approved the creation, in respect of the accession of Hungary and the Czech and Slovak Federal Republic to the Council of Europe, and with effect from 1 October 1991, of the following posts:
- Office of the Clerk of the Parliamentary Assembly: 2 A2/A3
- Secretariat of the Committee of Ministers: 1 A2/A3
- Secretariat of the European Commission of Human Rights: 2 A2/A3 2 B3;
3. approved, as detailed in Resolution (91)7, supplementary appropriations of FF 8,395,000 in the 1991 Ordinary Budget, FF 2,500,000 of which are frozen pending a further decision of the Committee of Ministers and accordingly adopted Resolution (91)7 as it appears at Appendix 7 to these Conclusions;
4. took note of the other information contained in documents CM(91)38 and 65.
Budget of the European Pharmacopoeia
The Representatives on the Committee of Ministers of the States Parties to the Convention on the Elaboration of a European Pharmacopoeia 1agreed to consider the proposal for supplementary appropriations made in CM(91)38 Addendum at the 460th meeting of the Deputies (June 1991) in the framework of their examination of the contract with the European Communities in respect of the joint programme on the standardisation of biological substances.
1 Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom. CONFIDENTIAL
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Budget of the Open Partial Agreement on the Co-operation Group for the Prevention of, Protection against, and Organisation of Relief in Major Natural and Technological Disasters
The Representatives on the Committee of Ministers of the States members of the Open Partial Agreement on the Co-operation Group for the Prevention of, Protection against, and Organisation of Relief in Major Natural and Technological Disasters2 approved supplementary appropriations totalling FF 280,000 in the 1991 budget of the Partial Agreement, and accordingly adopted Resolution (91)8 as it appears at Appendix 8 to these Conclusions.
Budget of the Partial Agreement of the European Support Fund for the Co-Production and Distribution of Creative Cinematographic and Audio-Visual Works ("EURIMAGES")
The Representatives on the Committee of Ministers of the States members of the Partial Agreement of the European Support Fund for the Co-Production and Distribution of Creative Cinematographic and Audio-Visual Works ("EURIMAGES")3 took note of the information given in documents CM(91)38 and 65.
Budget of the Partial Agreement on the European Commission for Democracy through Law
The Representatives on the Committee of Ministers of the States members of the Partial Agreement establishing the European Commission for Democracy through Law4:
1. decided to transform the A4 specific temporary post created under this Partial Agreement in 1991 into a permanent post as from 1 September 1991, and for the duration of the Partial Agreement, and accordingly;
2. approved the inclusion under Sub-head 1301 (Fixed sum contributions to the general budget) of the 1991 budget of this Partial Agreement of a sum of FF 181,000, this sum to be met by internal transfer of appropriations within this budget5.
2 Belgium, France, Greece, Italy, Luxembourg, Malta, Portugal, San Marino, Spain and Turkey.
3 Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and Turkey.
4 Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, Norway, Portugal, San Marino, Spain, Sweden, Switzerland and Turkey.
5 This decision will have the effect of increasing the budgets of receipts of the following 1991 budgets as indicated:
- Ordinary Budget FF 164,000 (Sub-head 1005) - Pensions Budget FF 17,000 (Sub-head 1003)
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b. General Outline of Prospects for the 1992 Budget (CM(91)40 and 65)
The Chairman proposed to continue the discussion on the prospects for the 1992 Budget which had been started at the informal meeting of Heads of Delegation with the Secretary General on 12 April 1991, at another informal meeting to be held at the close of the 460th meeting on 21 June 1991.
The Secretariat Representative (Research and Planning Unit) said that a document on pointers for the 1992 Intergovernmental Programme of Activities would be issued shortly (CM(91)89). This document took into account the comments on the programme from the Steering Committees which had met until now.
In reply to questions from the Representatives of Norway and the United Kingdom, he added that this document contained no figures but only general indications and that the Steering Committees had indicated priorities. However, often only a very limited number of activities had been proposed and the Steering Committees had not had much room for choice.
Decision
The Deputies agreed to consider this item at an informal meeting of Heads of Delegation with the Secretary General at the close of their 460th meeting (June 1991).
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c. Budgetary procedure (Concl(91)455/29)
Decision
The Deputies agreed to set up a Working Party on budgetary procedure with the Representatives of Hungary, Italy, the Netherlands, Norway, Portugal, Switzerland and the United Kingdom as members.
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34. APPEALS BOARD (Concl(91)451/38, CM(90)207, CM(91)67)
The Representative of Switzerland recalled that there had been certain difficulties concerning the appointment of two substitute members of the Appeals Board. An opinion of the European Court of Human Rights had been requested. This opinion was not absolutely clear and doubts might subsist. In order to avoid challenges to members of the Appeals Board and in the interest of its functioning, the Swiss Government withdrew its candidate.
The Representative of Norway said that the Norwegian Government also withdrew its candidate. However, it could not accept that the staff should have a say in the appointment of members of the Appeals Board and the withdrawing of the candidate should not be considered as a precedent. In order to avoid such difficulties in the future, the Rapporteur Group on Administrative Questions should be asked to examine possible ways of clarifying the applicable rules.
The Chairman thought that it might be more appropriate to give this task to the Rapporteur Group on Legal Co-operation.
The Representative of Iceland said that such letters should be returned to the Staff Committee as if they had never been received.
The Representative of Italy said that it would be difficult simply to send back a letter which had been part of the files for some time. However, it should be made clear to the Staff Committee that the withdrawal of candidatures did not constitute a precedent.
In reply to a question from the Representative of Norway, who said that his Government wanted to propose a new candidate, the Chairman suggested to fix the new deadline for the submission of candidatures at 1 July 1991.
The Representative of Spain, speaking in his capacity of Chairman of the Rapporteur Group on Legal Co-operation, made the following statement:
"At the 452nd meeting in February, the Rapporteur Group on Legal Co-operation was asked to consider another problem concerning the membership of the Appeals Board. In a letter of 9 January 1991, the Chairman of the Staff Committee had expressed doubts concerning the compatibility of the functions exercised by the Danish member of the Appeals Board, Mr Trønning, in his national administration with his duties as a member of the Appeals Board. The Rapporteur Group met on 7 May 1991, and a summary of its discussions has been circulated under reference GR-J (91) 4. CONFIDENTIAL
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The Rapporteur Group had no difficulty whatsoever in deciding unanimously that there was no reason why Mr Trønning should not serve on the Appeals Board. His duties in the Danish Ministry of Justice had no bearing on the staff of the Council of Europe; involving verification of the compatibility of all draft legislation with the Danish Constitution, they actually implied a high degree of personal independence. Mr Trønning had also been a professor of law and a judge. His independence thus seemed beyond question. The mere fact of his belonging to a national civil service in a member State cannot, in our view, be regarded as disqualifying him from serving on the Appeals Board - indeed it would seem desirable that members of the Board should have practical experience of developments and relations within a national administration. If the Staff Committee Chairman's views were accepted, no national civil servant could serve on the Appeals Board, and the number of candidates would be very limited.".
The Representative of Iceland thanked the Chairman of the Rapporteur Group for his convincing report. It was unacceptable that the Staff Committee should send a letter to an official appointed by the Commitee of Ministers. This went even further than the letter mentioned before.
The Representative of Denmark agreed and said it should be left to the discretion of the Chair how to intimate the feelings of this Committee to the Staff Committee.
In reply to a question from the Representative of the United Kingdom, the Representative of Denmark added that he himself had informed the Committee of Ministers about this letter.
The Chairman said that not even the Secretary General had been informed about the letter before. This procedure was unacceptable and she would think about an appropriate reaction.
The Representative of France shared the indignation of his colleagues about the letter. The relations between the administration and the Staff Committee should be clarified.
The Secretary to the Committee drew attention to the Regulations on staff participation (Appendix I to the Staff Regulations) which already contain certain rules in this respect.
The Deputy Secretary General underlined that the Secretary General and the Staff Committee had differing opinions on this question.
Summing up the discussion, the Chairman noted that the Committee associated itself with the conclusions of the Rapporteur Group on Legal Co-operation concerning the issue raised in the letter dated 9 January 1991 from the Chairman of the Staff Committee to the Danish member of the Appeals Board. Following informal contacts, either the Rapporteur Group on Legal Co-operation or the Rapporteur Group on Administrative Questions will examine whether it is possible to define the rules on the eligibility for the Appeals Board more precisely. CONFIDENTIAL
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Decision
The Deputies fixed the deadline for the submission of new candidatures to the two vacant posts of substitute member of the Appeals Board at 1 July 1991, with a view to an election at the 461st meeting (September 1991).
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35. CONTRIBUTIONS OF THE SOVIET UNION FOR 1991 ARISING UNDER THE EUROPEAN CULTURAL CONVENTION (CM(91)47)
Decision
The Deputies decided to fix the Soviet Union's contribution for 1991 at FF 1,922,680 to the Cultural Fund and at FF 218,790 to the Sports Fund.
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36. CONTRIBUTION OF YUGOSLAVIA TO THE EUROPEAN PHARMACOPOEIA (CM(91)76)
Decision
The Representatives on the Committee of Ministers of the States Parties to the Convention for the Elaboration of a European Pharmacopoeia6 agreed to fix the amount of the contribution of Yugoslavia to the 1991 budget of the European Pharmacopoeia at FF 231,201.
6 Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom.
458th meeting - May 1991
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37. PREPARATION OF FORTHCOMING MEETINGS
The Representative of Ireland raised the question of the schedule of meetings for the second half of 1991 and the fact that there were clashes between meetings of the Ministers' Deputies and meetings of the European Parliament.
The Secretary to the Committee informed the Committee that when the Bureau had agreed on and the Deputies had adopted the schedule of meetings for the second half of 1991 there were not many clashes in dates. The Bureau's attention had been drawn to these clashes and it was decided that it would be preferable to have clashes with European Parliament meetings than with other meetings of the Council of Europe. The Committee's attention had also been drawn thereto when the decision was taken to adopt the schedule.
The Chairman indicated that there would be a discussion of principle on the schedules of meetings of the Ministers' Deputies at the September meeting.
The Representative of Norway said that clashes could not be avoided, but he would like to see some long-term planning for 1992. He agreed with the Representative of Ireland; there seemed to be some hectic periods and others which were very quiet. He wondered whether the school holidays should be taken into consideration when drawing up schedules of meetings. This might allow meetings to be held on a more regular basis.
The Chairman said that this question would be looked at in September but emphasised that it would be difficult to make long-term arrangements if the European Parliament adds on extra meetings.
The Representative of Ireland said that the European Parliament was fixing their timetable for 1992. He would like plans to be made much more in advance to facilitate hotel booking, etc.
The Chairman said that arrangements for the whole year of 1992 could be discussed in September.
The Representative of the Netherlands drew the attention of the Secretariat to a potential clash of dates between meetings of the OECD and the Council of Europe. There would be a meeting of Heads of UN departments in the OECD on 6 and 7 June 1991 which would clash with the proposed exchange of views on the United Nations to be held on 7 June. His expert would be attending the OECD meeting on 6 and 7 June.
The Chairman said that the matter would be looked into.
Decision
The Deputies approved the draft agenda for their 460th meeting (June 1991, B and A levels) as it appears at Appendix 2 to these Conclusions.
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38. CONTRIBUTION OF POLAND TO THE POMPIDOU GROUP (CM(91)75)
The Chairman congratulated the Representative of the Czech and Slovak Federal Republic on his country's accession to the Pompidou Group.
Decision
The Representatives on the Committee of Ministers of the States members of the Partial Agreement on the Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group)7 agreed to fix the amount of the contribution of Poland to the 1991 budget of the said Partial Agreement at FF 55,248.
7 Austria, Belgium, Cyprus, Czech and Slovak Federal Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, Turkey and the United Kingdom.
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39. SITUATION OF THE IRAQI-KURDISH POPULATION AND OTHER PERSECUTED MINORITIES RECEPTION AND SETTLEMENT OF REFUGEES IN TURKEY Assembly Recommendations 1150 and 1151 (1991) (CM(91)87)
The Representative of Turkey said that his delegation had circulated a paper entitled "Displaced Iraqi civilians in the Turkish-Iraqi frontier region" (CM(91)87). He then made the following statement:
"Since the adoption of Recommendation 1150 (1991), the situation in the region has improved considerably. Firstly, a fairly large number of Iraqis have returned to their country; secondly, aid and assistance from humanitarian organisations have become much more organised and effective. In the paper which has been circulated you will find the most recent information received from our authorities as to the number of Iraqis and the material help supplied. I would like briefly to mention some figures to complete the picture of the situation. The number of displaced Iraqi civilians in the Turkish-Iraqi frontier region was 466,000 on 14 April.
Since then, 340,432 of these Iraqis have chosen to return home. A large part of the remainder are housed in various temporary camps in Turkey.
The expenditure incurred by Turkish bodies amounted to US$ 75,695,000 as of 9 May 1991. This figure does not include assistance given by Turkish départements, municipalities, public firms, foundations, non-governmental organisations or private individuals.
To this must be added international assistance to Turkey which amounted to US$ 57,030,496 as of 10 May. This amount includes aid from governments, international organisations, the Red Cross/Red Crescent network and NGOs (which are listed in the paper circulated).
It is obvious that all these efforts can bring only temporary relief. It is consequently important to continue working to enable these people to return home as quickly as possible.
Recommendation 1151 on the reception and settlement of refugees in Turkey largely concerns Iraqis who fled their country in 1988. The provisions concerning the situation of these Iraqis have been overtaken by the events witnessed by the international community just after the Gulf war. The number of people who sought refuge in Turkey in 1988, 50,000, was very small by comparison with the hundreds of thousands who came recently. In view of the large number of the more recent refugees it could be said clearly that where the Iraqis are concerned the Recommendation does not take into account the complexity of the problem and does not reflect its actual dimension. CONFIDENTIAL
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As I have just said, in 1988 Turkey received a total of 51,542 Iraqis. Despite very severe and very unjust criticisms levelled against it, Turkey mobilised all available resources and has so far spent 16 million dollars to meet their basic needs.
In January 1989, 27,028 Iraqis indicated that they wished to go to a third country. Despite this, the number of those received by third countries has unfortunately not exceeded a few hundred. Apart from the 10,437 who have returned to Iraq and 2,178 who have gone to Iran, France has taken 490, Denmark 33, the Netherlands 11, Sweden 31, Syria 61, Poland 5, Germany 31 and Switzerland 35. The total at present remaining in Turkey is 27,370.
In the light of recent experience, it would be easy to criticise certain of the provisions of this Recommendation. Most of them have lost all meaning in the face of current events. However, I draw your attention to those which particularly concern the 1951 Geneva Convention and refugee status.
Turkey is severely criticised for not lifting its reservation as to the geographical application of the Convention. This reservation was made to take account of the specific nature of the region in which Turkey is situated. Since the beginning of the 1980s we have undergone tremendous population movements. Thousands of Iranians, Iraqis, Afghans and others have found refuge in Turkey. Despite the fact that this places a heavy burden on its economy, Turkey with its limited resources has made every effort to help all these people. Furthermore, experience in Europe at the end of the 1980s has shown that where it is a case of large-scale population movements, recognition of refugee status for thousands of people is not a lasting solution. It was moreover for the purpose of finding an answer to this current problem that we met in Vienna at the beginning of this year. It must be conceded that the reasons which prompted us to look for new solutions imply that the Geneva Convention is inadequate where mass movements are concerned. I wish to repeat here also that a definitive solution to this humanitarian problem is to create the conditions in which those who have found refuge in third countries can return to their homes in complete freedom and safety. That is moreover the idea which emerged from the last meeting of the Committee of Ministers.
Before finishing, Madam Chairman, I draw your attention to the fact that a part of the Recommendation concerns Bulgaria. We should like the Committee to decide also to communicate the relevant part of the Recommendation to the Bulgarian authorities.".
The Chairman decided to continue discussion of this item at the 460th meeting, particularly in the light of the information supplied by the Representative of Turkey, so as to enable the Secretariat to prepare a draft reply to the Assembly. CONFIDENTIAL
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Decisions
The Deputies
1. decided to bring the texts of Recommendation 1150 (1991) on the Situation of the Iraqi Kurdish Population and other persecuted minorities and of Recommendation 1151 (1991) on the reception and settlement of refugees in Turkey to the attention of their governments;
2. decided to communicate Recommendation 1151 (1991) on the reception and settlement of refugees in Turkey to the competent bodies of the Social Development Fund for it to take account of it in the context of its actions;
3. decided to communicate the relevant paragraph of Recommendation 1151 (1991) on the reception and settlement of refugees in Turkey to the Government of Bulgaria;
4. decided to resume consideration of this item at their 460th meeting (June 1991).
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40. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW Application from Canada for observer status
The Representative of Switzerland supported Canada's application for observer status with the European Commission for Democracy through Law. He recalled that he had already favoured the request from Uruguay and he thought that, taking into account Canada's legal traditions, it would make an interesting contribution to the work of the Commission.
The Representative of Spain recalled that he had spoken in favour of the request from Uruguay for observer status. His authorities were of the opinion that both applications should receive the same treatment.
The Representative of Norway said that with respect to Uruguay he had been against permanent observer status. He did not like to create a precedent by admitting an observer, but Canada was a country participating in the CSCE process and all CSCE countries shared a common legal heritage. He was therefore in favour of accepting Canada's application and he would support any application coming from the United States.
The Representative of Italy said that, for obvious political and legal reasons, he strongly supported the Canadian application. Co-operation with North America was important and participation in the CSCE process was a possible criterion for decisions on the granting of observer status, though not an absolute one.
In reply to a question from the Representative of Finland, the Director of Legal Affairs said that Canada had actively participated in all steering and ad hoc committees in the legal field since the 1970s. It had attended the Conferences of the Ministers of Justice, often at ministerial level, and the next such Conference would be held in Ottawa in June.
The Representative of France said that the application from Canada had to be carefully considered since the Canadian legal system was close to the European systems and there was already a tradition of co-operation. However, he was against a systematic granting of observer status.
The Representative of Spain said that he could not accept that North American countries should get preferential treatment in comparison with South American countries and he therefore opposed the granting of observer status.
Summing up the discussion, the Chairman noted that the unanimity required under Article 3, paragraphs 3 and 4 of the Commission's Statute, had not been reached. CONFIDENTIAL
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At a later stage in the meeting, the Representative of Italy wondered whether, in the light of discussions on opening other activities of the Council of Europe to non-member countries, the Deputies might wish to take a favourable decision with regard to the Canadian application.
Following a reminder by the Chairman that the necessary unanimity had not been achieved, the Representative of Spain, noting that some of his colleagues shared his views, and that his own reactions had been based on the views of his authorities, stated that, provided the precondition on granting observer status to North American but not South American countries did not remain, he could agree to Canada being invited to participate in the European Commission for Democracy through Law as an observer.
The Representative of Switzerland concurred with this view, adding that the situation with regard to other countries should remain open.
Summing up this further discussion, the Chairman proposed that the decision would be to invite Canada to become an observer with the European Commission for Democracy through Law, but that no decision would be taken concerning other countries for the time being.
Decision
The Representatives on the Committee of Ministers of the States members of the Partial Agreement establishing the European Commission for Democracy through Law8 invited Canada to appoint an observer to sit on the European Commission for Democracy through Law.
8 Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, Norway, Portugal, San Marino, Spain, Sweden, Switzerland and Turkey. 458th meeting - May 1991
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41. ACCOMMODATION AND EQUIPMENT NEEDS OF THE EUROPEAN PHARMACOPOEIA COMMISSION a. Meeting of 13 May 1991
The meeting opened on Monday, 13 May 1991 under the Chairmanship of Mrs I Larsson, Deputy for the Minister for Foreign Affairs of Sweden.
PRESENT
AUSTRIA Mr E. Buttenhauser
BELGIUM Miss C. Taquet
CYPRUS Mr M. Hadjimichael
CZECH AND SLOVAK Mr C. Cisar FEDERAL REPUBLIC Mr J. Svoboda
DENMARK Mr E.V. Quaade Mrs K. Morris
FINLAND Mr D. Vitzthum Mr P. Hyvonen
FRANCE Mr P. de Boisdeffre Mr S. Hofmann
GERMANY Mr C. von Schubert Mr K. Praller
GREECE Miss N.N.E. Vraïla
ICELAND -
IRELAND Mr L. Rigney
ITALY Mr U. Toffano Mr D. Vecchioni Mr G. Raimondi
LUXEMBOURG Mr P. Faber
NETHERLANDS Mr A. Bijlsma
NORWAY Mr D.M. Halvorsen
PORTUGAL Miss M.J. Morais Pires CONFIDENTIAL
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SPAIN Mr J.M. Lacleta
SWEDEN Mrs I. Larsson, Chairman Mr B. Hedberg
SWITZERLAND Mr Y. Moret, Vice-Chairman Mr J.-P. Villard
UNITED KINGDOM Mr J. Jamieson 458th meeting - May 1991
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The Director of Administration said that the Secretariat had continued its investigations concerning the relocation of the European Pharmacopoeia. Offices would be available for the Secretariat from July - August 1991.
He reminded the Committee that at previous meetings the Secretariat had presented the rue Lauth project (doc. CM(90)224 and Addendum). Owing to the cost of this project, the Secretariat had been asked to study the cost of moving the Pharmacopoeia to another member State. To this end, the Secretariat had prepared a technical document with a fairly rough estimate of the cost of such a move (doc. Misc(91)34 of 5 April 1991). It emerged that a transfer from Strasbourg to another member State would cost about 5 million francs in the first year and about 2 million francs in subsequent years (plus or minus 10%).
He also added that the Swedish authorities had made a proposal, communicated to the Committee, to install the Pharmacopoeia in Uppsala. This would involve housing the Pharmacopoeia in Uppsala's university complex where the areas required would be made available in two or three phases up to 1992. The installation of a laboratory measuring roughly 1,700 m2 would, however, require work to be carried out. The subsequent phases could be adapted to suit the criteria laid down by the Council of Europe. Purchase would be possible; the cost of rental would be about 6.5-7 million francs for 5,000 m2, in other words, 1,200 francs/m2 of office space and 2,000 francs/m2 for the laboratory.
He told the Committee that three proposals had now been submitted for Strasbourg and its suburbs (see doc CM(90)224, Addendum 2 of 22 April 1991).
Concerning the proposal for rue Lauth, the City of Strasbourg authorities had just informed the Secretariat that they could reduce the cost of the initial project by between 2 and 4 million French francs. However, no new proposals to reduce the cost of the land, estimated at 18 million francs, had been made.
For the Illkirch "Parc d'Innovation" project (see above-mentioned document), the cost had apparently also been reduced by between 2 and 4 million francs compared with the estimates. However, he explained that the location of the building would mean a risk of isolation (given the transport problems involved) for Pharmacopoeia staff as well as for the experts.
He thought that the Meinau site was the most interesting project both in terms of cost and geographical location since by car it was only 10 - 15 minutes from the Council of Europe. In addition, it would be close to a tram stop on the future tramline and a hotel already existed on the site. The delivery dates were a further point in favour of this project. Since the shell of the building was partially complete, delivery could take place in October 1991.
This would mean the laboratory would not have to be temporarily installed in the basement of the Palais de l'Europe, thereby avoiding the cost of such an installation and the inconvenience of repeated moves. CONFIDENTIAL
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Lastly, he explained that although studies for a provisional installation in the basement had been carried out, the work planned could easily be cancelled. However, a decision had to be taken rapidly. If such a decision were not taken, the work in the basement of the Palais de l'Europe would have to begin without delay.
Following a statement by the Representative of the United Kingdom, the Secretary of the European Pharmacopoeia Commission said that the Pharmacopoeia's Secretariat was currently in a very difficult situation. He reminded the meeting of the main tasks of the technical Secretariat and the laboratory staff, adding that in 1990, 103 meetings had been organised; to date, 1,300 documents had been published in each language and the Pharmeuropa newsletter was produced wholly by the Secretariat; roughly 500 reference substances had been analysed and the laboratory had received 2,500 orders and sold around 10,000 samples. Despite the Pharmacopoeia's current success, it had to expand as the Chairman had said on 18 January, in order to match up to the American and Japanese equivalent bodies. It therefore had to step up its efforts in the production of standards, reference substances and monographs while at the same time ensuring the best possible quality. The American Pharmacopoeia had published 2,000 monographs with a Secretariat of 150 members and the Japanese had adopted a major ten-year development programme. At a European level, the European Pharmacopoeia played a key role in the context of the Single Market and had to meet this challenge. A greater effort therefore had to be made as far as premises and staff numbers were concerned.
For this reason he thought that any temporary move should be avoided and was in favour of a definitive installation in a site such as the Meinau site.
The Representative of Switzerland thanked the Swedish authorities for their offer to install the Pharmacopoeia in Sweden. The offer had had a positive effect on the Committee's discussions. The fact was that the proposal had obliged the City of Strasbourg to rethink its offers. The rue Lauth site was very interesting, despite the cost of the building which remained high, even after the proposed reductions. There were several advantages to the Pharmacopoeia being located on this site, in particular its proximity to the Palais de l'Europe. Where the cost was concerned, he would be prepared to accept the first alternative that had been proposed.
While stressing the merits of the Swedish proposal, he gave preference in this period of change, to maintaining the Pharmacopoeia in Strasbourg, close to the Palais de l'Europe and expressed his preference for the rue Lauth site, while at the same time hoping that the cost of the land would be reconsidered.
The Director of Administration said that the reductions proposed by the City of Strasbourg for the rue Lauth project did not exceed 4 million francs on the cost of the building compared with the initial proposals. As for the price of the land, it seemed unlikely that further efforts would be made to reduce the original price of 18 million francs. As the reductions proposed by the City of Strasbourg had not been adequate, the Secretariat had stated a preference for the Meinau project which was less costly and whose installation would be more rapid. It would of course have been preferable for the CONFIDENTIAL
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Pharmacopoeia to have been close to the Palais de l'Europe for reasons of prestige and cost saving. Bearing in mind the information given that very day by the City of Strasbourg, he considered that the cost of the rue Lauth project remained high.
The Representative of France thanked the Swedish authorities for their proposal to establish the European Pharmacopoeia in Uppsala. He nevertheless expressed a preference for keeping the Pharmacopoeia in Strasbourg. However, this had to be unanimously agreed by the States participating in the Pharmacopoeia and the projects selected had to satisfy the users' current needs and desires. He thanked the Representative of Switzerland for supporting the choice of a site in Strasbourg. The advantages of such a choice had to take precedence over other concerns. He thanked the Secretariat for the various offers and options presented.
He stressed the advantages of the Pharmacopoeia being located close to the Palais de l'Europe but added that the cost of the project must not be disproportionate.
He explained that the land sites available for these projects were not the property of the State but of the City of Strasbourg, for which both the Council of Europe and the European Parliament were already very expensive. The State did not contribute to the purchase of land sites and it was understandable that the City of Strasbourg should try to sell its land at market value.
He said that the French Government would make a significant effort concerning the cost of initially equipping the European Pharmacopoeia.
As things stood, he thought that the Meinau site for the Pharmacopoeia would offer the most guarantees as far as feasibility, cost and speed of completion were concerned. He therefore proposed that the Meinau option, which seemed satisfactory, be examined. The experts consulted in Paris thought that a surface area of 4,500 to 5,000 m2 would be sufficient.
The Representative of Germany was in favour of a new building being built in Strasbourg. However, several factors had to be taken into consideration beforehand. The Meinau option appeared to be the easiest and the least expensive. However, he reminded the meeting that the Budget Committee had examined the European Pharmacopoeia's staff and building requirements and had requested further information on staff growth in the next few years. Bearing in mind the experience gained with the new Human Rights building the CAHLO should study the cost of such an installation. It was necessary to have the maximum support of the City of Strasbourg, particularly as regards the land sites. A visit of the Meinau site should be arranged.
The Representative of Italy said that his experts would be in favour of the Meinau site and did not agree with the temporary rehousing of the European Pharmacopoeia. CONFIDENTIAL
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The Representative of Spain was in favour of the Meinau site if the premises suited requirements. He also thought that a decision should be taken quickly.
The Representative of Ireland was also in favour of the Meinau site. It was the least expensive project, it was regarded as satisfactory by the Secretary of the European Pharmacopoeia Commission and it would avoid the problem of a temporary relocation. He was in favour of the premises being purchased rather than rented. The Meinau site therefore appeared to be the most suitable even though his experts did not object to a site outside France. If possible sites existed close to the Council of Europe, it was preferable to remain in Strasbourg.
The Representative of the United Kingdom thanked the Secretariat for presenting the various possible options but regretted that the City of Strasbourg's offer had been submitted so late and was so modest. He would have preferred a site close to the Palais de l'Europe but considered the Meinau project to be a reasonable solution. He would like to have further information on maintenance costs.
The Representative of Finland appreciated the offer made by the Swedish authorities. Since the rue Lauth proposal was costly, the Meinau option was preferable. He asked that negotiations with the private firm responsible for the construction work be conducted with the greatest of care and was in favour of a purchase rather than rental. The installation should be completed rapidly so as to avoid the need for temporary rehousing. Since the Meinau option currently appeared to be the most interesting, it was important to ensure that the City of Strasbourg was not going to reduce the costs of the rue Lauth project.
The Representative of Luxembourg was distinctly in favour of the Meinau project.
The Representative of Austria thanked the Swedish authorities for their offer and said that his delegation was in favour of keeping the Pharmacopoeia in Strasbourg. In the interests of speeding up the rehousing of the Pharmacopoeia in the best possible conditions, he was in favour of the Meinau project if it satisfied the Pharmacopoeia officials.
The Representative of Italy suggested that a decision be adopted at this meeting.
The Representative of Germany was not in a position to take a decision at this stage. He acknowledged that the Meinau project appeared to be advantageous but noted that in its report the Budget Committee had foreseen a staff increase from 26 to 81 and that an area of roughly 5,500 m2 would be required. If new installations were built, it was necessary to have further information on the final cost and the prospects of staff growth. CONFIDENTIAL
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The Director of Administration pointed out that the Pharmacopoeia building was above all a technical building and not a prestige building. Offices occupied roughly 1,300 m2 of the total space; the remaining space was occupied by technical buildings, laboratories, meeting rooms and storage rooms for the substances. It was therefore not possible to base calculations on the average office area per member of staff. It was not possible to make a comparison with the present situation. The present premises did not meet requirements and Pharmacopoeia staff were not working in optimal conditions. However, the future laboratory had to satisfy precise construction standards. Where the staff was concerned, it had been envisaged that it could increase from 29 to 86 members of staff in 1996 and the Budget Committee would be required to make a statement on this matter.
In the Meinau building which was under construction, the Pharmacopoeia would have 4,800 m2, which was less than had been planned. Insofar as these premises were not an individual building, they would be less costly than for rue Lauth.
As far as the City of Strasbourg's proposals were concerned, it was unlikely that they would make offers lower than those already made. The rue Lauth project was therefore too expensive. He stressed the urgency of a decision and said he was ready to supply further information on the Meinau project.
The Representative of Italy, reminding the meeting that the Budget Committee paid considerable attention to administration problems, asked how an installation regarded as the least expensive could also be least expensive to run.
The Representative of the United Kingdom asked how long the Meinau offer was open and wanted to know the date of the deadline for cancelling work planned on the basement of the Palais de l'Europe.
The Director of Administration said that the private firm responsible for the Meinau needed to have a definite answer within two or three weeks. As for work on the Council of Europe basement, if such a decision was taken it could begin within two to three weeks.
The Representative of France would have liked a decision on the Meinau project immediately. However, to take account of the concerns of the Representative of Germany, he supported the idea of arranging a visit to the site and hoped a more detailed budgetary document, indicating the cost of moving to the Meinau, would be made available.
The Representative of Switzerland also thought that a visit to the Meinau should be arranged before a decision was taken. He also wished to know officially the City of Strasbourg's latest proposals concerning the rue Lauth project, which allowed for greater expansion possibilities although the date of entry into service would be later. A final decision should be taken within a week. CONFIDENTIAL
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Following statements by the Representatives of the United Kingdom, Switzerland and Ireland, the Chairman considered that most of those who had spoken were in favour of the Meinau project. Several Deputies had suggested adopting a decision at the present meeting. She asked the Director of Administration to contact the private firms responsible for the Meinau with a view to setting a date for a visit of the site. 458th meeting - May 1991
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b. Meeting of 23 May 1991 (CM(91)85)
The meeting opened on Thursday 23 May 1991 at 6 pm under the Chairmanship of Mrs. I. Larsson, Deputy for the Minister for Foreign Affairs of Sweden and continued under the Chairmanship of Mr. Y. Moret, Deputy for the Head of the Federal Department of Foreign Affairs of Switzerland.
PRESENTS
AUSTRIA Mr W. Sautter Mrs E.-M. Koprolin
BELGIUM Mr H. Fonder Miss C. Taquet
CYPRUS Mr M. Hadjimichael
DENMARK Mr E.V. Quaade
FINLAND Mr D. Vitzthum Mrs U. Väistö Mr P. Hyvönen
FRANCE Mr P. de Boisdeffre
GERMANY Mr C. von Schubert Mr K. Praller
GREECE Miss N.N.E. Vraïla
ICELAND Mr A. Gudmundsson
IRELAND Mr L. Rigney
ITALY Mr D. Vecchioni
LUXEMBOURG Mr P. Faber
NETHERLANDS Mr A. Bijlsma
NORWAY Mr S. Knudsen
PORTUGAL Mr G.A. de Santa Clara Gomes Mr F.J. Ramos Machado
SPAIN Mr J.M. Lacleta CONFIDENTIAL
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SWEDEN Mrs I. Larsson, Chairman Mr B. Hedberg
SWITZERLAND Mr Y. Moret, Vice-Chairman
UNITED KINGDOM Mr J. Jamieson 458th meeting - May 1991
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The Director of Administration said that following the meeting of the representatives of States participating in the Pharmacopoeia the previous week and the visit to the Meinau site, the Secretariat had drawn up a paper reviewing the situation (CM(91)85 of 22 May 1991). As a result of the various steps taken by the Administration, new proposals had reached the Secretariat. The City of Strasbourg had confirmed the reduction of 4-5 million francs on the rue Lauth project and a formal proposal had been made concerning the business park being set up in Schiltigheim, which was at a less advanced stage than the site in Illkirch. A further proposal had been made concerning a property development in Schiltigheim comparable to that in the Meinau, but likewise less advanced. It was conceivable that other proposals might still be put forward.
In his view the Meinau project would allow the premises to be occupied soonest, would obviate the need for transit through the basement of the Palais de l'Europe and was the least costly. He therefore proposed that the Deputies opt for this project. Appendix III to document CM(91)85 set out the apportionment of the costs of the project between the member States. Appendix III had been amended to take account of the fact that Yugoslavia was to become a party to the Pharmacopoeia and would help to finance the building (document distributed at the meeting).
The Representative of Italy said that he was willing to accept the Meinau project.
The Representative of Norway asked the Secretariat whether guarantees had been obtained concerning completion of the work within the stated deadlines. After pointing out that expenditure had already been made with a view to possible accommodation in the basement of the Palais d'Europe, he said that he was willing to accept the Meinau project, but asked that staffing matters be looked into as well.
The Representative of Switzerland considered that there were numerous arguments in favour of the rue Lauth project. Besides the fact that it took approximately 20 minutes to reach the Meinau site from the Council of Europe, the site was located in an industrial zone with a number of aesthetic disadvantages. In addition, as the building was already half completed, there was little leeway for designing it as one wished. Furthermore, the Pharmacopoeia staff, who would soon be increased from 60 to 100, would be cut off from the general environment of the Organisation's headquarters.
The rue Lauth project would make it easier to extend the premises if necessary and would include green areas, while there were fewer possibilities for extension in the Meinau. In addition, accommodating the Pharmacopoeia in rue Lauth would have enabled the Council of Europe to occupy the last remaining space in the area housing the European organisations in Strasbourg. CONFIDENTIAL
CM/Del/Concl(91)458 - 148 - Item 41b
In his view, if a purchase were to be made, it was not impossible for the 20 Pharmacopoeia countries to meet the price difference between the two projects (20 million francs).
In dropping the rue Lauth project, the Council of Europe was, in his opinion, losing an opportunity and taking a short-term rather than a long-term decision.
The Representative of Germany said that he would doubtless be unable to take a decision at the present meeting because he had no instructions from his authorities. He nevertheless acknowledged that the Meinau project was the most practical and the least costly solution, while emphasising the value of the other proposals.
He was concerned at the necessity of taking a hasty decision and regretted that the CAHLO had been unable to consider the project. He requested additional information on technical and budgetary aspects and wished to know the amount of the French Government's exceptional contribution.
The Representative of the United Kingdom considered, as did the Representative of Norway, that provision should be made for fines in the event of any delay in completion of the work. He requested details of the possibilities for extension on the Meinau site and of the various payments which would be required by the developer.
The Representative of France was aware that a feasible, reliable solution needed to be found and recognised that the rue Lauth project would have many advantages. In the light of the site visit on 16 May 1991, he proposed to opt for the Meinau site, which amounted to a less ambitious solution than other projects, but had been the subject of careful accounting. The premises would not be luxurious, but the Pharmacopoeia was primarily a technical building. Safety and access requirements were met and possibilities for extension existed should that prove necessary.
He supported the views of the Representative of the United Kingdom on the fixing of specific deadlines, combined with fines or penalties, in the event of delay. He was not in favour of consulting the CAHLO on the project because it was important to avoid lengthy delays. He hoped a decision would be taken very soon.
The Representative of Ireland asked whether security requirements were met on the Meinau site, whether a carpark was planned and whether average office space per staff member was not too limited.
The Representative of the Netherlands was in favour of the Meinau project and was in a position to adopt a decision at this meeting.
The Representative of Spain was of the opinion that a majority of delegations were in favour of the Meinau project and proposed that a final decision be taken as soon as possible. CONFIDENTIAL
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The Representative of Germany considered that he would be able to adopt a decision ad referendum.
The Director of Administration pointed out that the deadlines would almost certainly be met. Fines in the event of failure to complete the work in time would be provided for in the contract. As far as capacity was concerned, there was no reduction in the area of premises intended for staff. It was simply that staff were distributed differently between the offices and the laboratory by comparison with the rue Lauth project. Some of the technical areas on the Meinau site were common to the entire building.
As for long-term extension prospects, depending on the development of the Pharmacopoeia, it would be possible to purchase additional areas in or near the Meinau building.
As far as staff were concerned, he acknowledged that problems could arise from the displacement of staff members from the Council of Europe headquarters to the Meinau site. The Secretariat would assist staff in resolving any difficulties which might arise in some cases by proposing, for example, that those who so wished be assigned to other departments and vice versa. Staff who were to work on the Meinau site should not suffer a loss of quality of life simply because they were changing workplace.
In financial terms, once the decision was taken, the Secretariat would have to make a few advance payments to the developer, which would be financed by the Working Capital Fund. He proposed that the terms of this purchase be considered by the Budget Committee, which might, for example, study the possibility of adjusting the distribution of the Council of Europe Budget.
As far as security was concerned, since the Pharmacopoeia did not carry out any dangerous activities, there were no special problems with regard to the other tenants of the Meinau building. In addition, the Pharmacopoeia site would have a private entrance and would take the form of a complex which would be protected like the Council of Europe buidings.
In conclusion, the Chairman considered that the majority of the representatives of the States parties to the Convention on the Elaboration of a European Pharmacopoeia were in favour of the plan to house the Pharmacopoeia on the Meinau site, as set out in document CM(91)85. The delegations of Sweden, Denmark, Germany and Belgium adopted the decision ad referendum. CONFIDENTIAL
CM/Del/Concl(91)458 - 150 - Item 41b
Decisions
The Representatives on the Committee of Ministers of the States Parties to the Convention on the Elaboration of a European Pharmacopoeia9:
1. authorised the Secretariat to pursue the steps and negotiations necessary to conclude with the developer as soon as possible an initial sales agreement at a price no greater than 45.4 million francs (value as at April 1991) for the building detailed in document CM(91)85, page 2 and Appendix II, it being understood that the definitive conditions would be brought to their attention before the signature of a final contract, binding the Organisation;
2. instructed the Secretariat to request the opinion of the Budget Committee on the proposals concerning the method of funding this acquisition as well as, if appropriate, modifications to be made to the method of evaluating the fixed-sum contribution made by this Partial Agreement to the common expenses of the Council of Europe.
9 Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom. 458th meeting - May 1991
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42. COUNCIL OF EUROPE SOCIAL DEVELOPMENT FUND Accession of Finland
The Representative of Finland announced his pleasure in being able to inform his colleagues of his Government's decision to join the Social Development Fund, and its readiness to accept the arrangements for this procedure. This accession, he stated, would take effect as of 13 May 1991.
Decision
The Deputies took note of the declaration by the Representative of Finland concerning his country's accession to the Social Development Fund, in which the Government of Finland accepted the following arrangements, namely, to subscribe participating certificates of the capital to the value of ECU 18,067,000, to pay in ECU 1,995,000 of the capital subscribed, in accordance with Article IV, Section 2, of the Articles of Agreement, and to pay in, subject to possible adjustment, which could result from the work of the Administrative Council, the sum of ECU 5,135,000 as its contribution to the reserves.
458th meeting - May 1991
CONFIDENTIAL
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APPENDIX 1
458th MEETING OF THE MINISTERS' DEPUTIES
(Strasbourg, 21 May (3 pm) - 23 May 1991 - A level, 27 May (3 pm) - B level 7 June - A level1)
AGENDA
1. Adoption of the Agenda (Notes No. 8385 of 17.5.91)
Political and General Policy Questions2
2. Political aspects of European co-operation and of current international events (Resolution (84)21) (Concl(91)456/2) (Notes No. 8386 of 30.4.91)
3. Relations with countries of Central and Eastern Europe (Concl(91)456/3, Misc(91)26 et 28) (Notes No. 8387 of 3.5.91)
4. Communication from the Secretary General
5. Conferences of Specialised Ministers - State of preparation (Concl(91)456/5, SG/D/Inf(91)4) (Notes No. 8388 of 25.4.91, Add. of 7.5.91 and Add. 2 of 15.5.91)
6. Committee of Ministers - Follow-up to the 88th Session (Strasbourg, 25 April 1991) (CM(91)PV3 prov.) (Notes No 8389 of 10.5.91)
1 Exchange of views on the United Nations: consideration of general and long-term perspectives of the Organisation
2 See also items 39, 40 and 42 CONFIDENTIAL
CM/Del/Concl(91)458 - a2 - Appendix 1
7. The Ministers' Deputies ad hoc working party on questions relating to the Statute of the Council of Europe (Assembly Recommendation 1139, Concl(91)456/7) (Notes No. 8390 of 30.4.91)
8. Parliamentary Assembly - 1st part of the 43rd Ordinary Session (Strasbourg, 22-26 April 1991)
a. Texts adopted (Notes No 8391 of 3.5.91)
b. Evaluation of the Sesssion (Notes No 8382 of 28.3.91)
c. Parliamentary questions for oral reply by the Chairman of the Committee of Ministers (Notes No 8393 of 3.5.91)
9. Preparation of the Joint Committee (Helsinki, 26 June 1991) (Notes No 8394 of 13.5.91)
10. Appointment of the Clerk of the Assembly having the rank of Deputy Secretary General (Concl(91)452/34, CM(91)19, CM(91)73 of 6.5.91 and Add. of 6.5.91) (Notes No 8395 of 6.5.91)
11. Liaison Committee between the Council of Europe and Management and Labour (LCML) - Report of the 8th meeting (Strasbourg, 12 March 1991) (CM(91)71) (Notes No 8396 of 30.4.91)
12. Council of Europe contribution to the meeting of experts of the CSCE on national minorities (Geneva, July 1991) (Concl(91)456/8, CM(91)29 and Add.) (Notes No. 8397 of 30.4.91)
13. Situation in Cyprus (Concl(91)456/10) (Notes No 8398 of 17.4.91)
14. Exchange of views on the United Nations: consideration of general and long-term perspectives of the Organisation (Strasbourg, 7 June 1991) (Concl(91)455/2b) (Notes No 8399 of 21.5.91)
15. Gift from the Netherlands on the occasion of the construction of the new Human Rights Building (Notes No. 8392 of 30.4.91) CONFIDENTIAL
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Human Rights
16. European Convention and European Committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT) - Exchange of views with Mr Antonio Cassese, President of the CPT (Concl(91)455/10 and 25, CM(91)32 and (91)37) (Notes No. 8400 of 24.4.91)
17. Equal opportunities and equal treatment for women and men on the labour market - Assembly Recommendation 1146 (1991) (Notes No. 8401 of 30.4.91)
18. Status of the European Committee for Equality between Women and Men (CEEG) (Concl(91)456/12) (Notes No. 8402 of 30.4.91)
19. European Social Charter - 11th Supervision cycle of the application of the Charter (1st group of states) (1986-1987) - Assembly Opinion No. 156 (1991) (Concl(91)455/28, CM(91)60 and Add.) (Notes No. 8403 of 24.4.91)
*20. European Social Charter - Report of the Governmental Committee to the Committee of Ministers proposing a form for the application of the Protocol to the European Social Charter (Concl(91)455/11, CM(91)27) (Notes No. 8404 of 30.4.91)
Legal Questions
21. Interpretation of certain provisions of the European Convention for the prevention of torture and inhuman or degrading treatment or punishment (Concl(91)451/13 and 14, CM(90)180, 212, CM(91)55) (Notes No. 8405 of 24.4.91)
* B level CONFIDENTIAL
CM/Del/Concl(91)458 - a4 - Appendix 1
Social and Economic Questions
22. Drug misuse and illicit trafficking and the question of legalisation - Assembly Recommendation 1141 (1991) (Notes No. 8406 of 30.4.91)
#*23. Steering Committee on Social Policy (CDPS) - Report of the 6th meeting (Strasbourg, 4-6 March 1991) (CM(91)74) (Notes No. 8407 of 7.5.91)
#*24. Labelling of quality food products - Assembly Recommendation 1142 (1991) (Concl(91)452/7a) (Notes No. 8408 of 6.5.91)
Education, Culture and Sport
#*25. Informal meeting of European Sports Ministers (Budapest, 16-18 April 1991) - Secretary General's report (Notes No. 8409 of 3.5.91)
#*26. Committee for the development of Sport (CDDS) - Report of the 14th meeting (Strasbourg, 5-7 March 1991) (CM(91)61 and Add.) (Notes No. 8410 of 23.4.91)
#*27. Standing Committee of the European Convention on spectator violence and misbehaviour at sports events and in particular at football matches (T-RV) - Report of the 9th meeting (Strasbourg, 31 January-1 February 1991) (CM(91)69) (Notes No. 8411 of 3.5.91)
Environment and Local Authorities
#*28. Ad hoc Committee of experts on regional and minority languages in Europe (CAHLR) - Report of the 4th meeting (Strasbourg, 28-30 January 1991) (CM(91)70) (Notes No. 8412 of 6.5.91)
* - B Level # - No debate envisaged CONFIDENTIAL
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#*29. Relations between animal husbandry and the quality of the environment - Assembly Recommendation 1143 (1991) (Notes No. 8413 of 7.5.91)
*30. Situation of frontier populations and workers - Assembly Recommendation 1144 (1991) (Notes No. 8414 of 7.5.91)
#*31. Standing Conference on Local and Regional Authorities of Europe (CLRAE) - Date of the 27th Session (Notes No. 8415 of 29.4.91)
Information Policy
#*32. Redefinition of Special Account Publications (Concl(90)445/32, CM(91)42) (Notes No. 8416 of 7.5.91)
Administrative questions3
33. Council of Europe Budgets
a. 1991 budgetary situation (CM(91)38 and Add., CM(91)39, 46, 49 and 65) (Notes No 8417 of 2.5.91)
b. General outline of prospects for the 1992 budget (CM(91)40 and 65) (Notes No. 8418 of 2.5.91)
c. Budgetary procedure (Concl(91)455/29) (Notes No. 8425 of 30.4.91)
34. Appeals Board - Appointment of two substitute members (Concl(91)451/38, CM(90)207, CM(91)67, (Notes No. 8419 of 30.4.91 and Add. of 14.5.91)
* - B Level # - No debate envisaged
3 See also items 38 and 41 CONFIDENTIAL
CM/Del/Concl(91)458 - a6 - Appendix 1
35. The Soviet Union's Contributions for 1991 arising under the European Cultural Convention (CM(91)47) (Notes No. 8420 of 30.4.91)
*36. Contribution of Yugoslavia to the European Pharmacopoeia (CM(91)76) (Notes No 8421 of 7.5.91)
37. Preparation of forthcoming meetings (Notes No 8422 of 22.05.91)
Other business
*38. Contribution of Poland to the Pompidou Group (CM(91)75) (Notes No. 8430 of 7.5.91)
39. Situation of the Iraqi Kurdish population and other persecuted minorities - Reception and settlement of refugees in Turkey - Assembly Recommenations 1150 and 1151 (1991) (CM(91)87 of 21.5.91) (Notes No. 8429 of 6.5.91)
40. European Commission for Democracy through Law - Application from Canada for observer status (Notes No. 8431 of 6.5.91 and Add. of 17.5.91)
41. Accomodation and equipment needs of the European Pharmacopoeia Commission (CM(91)85 of 22.5.91)
42. Accession of Finland to the Social Development Fund
* - B Level 458th meeting - May 1991
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APPENDIX 2
460th MEETING OF THE MINISTERS' DEPUTIES
(Strasbourg, 17 June 1991 (11 am) - B level, 18 (3 pm) June - 21 June 1991 - A level)
DRAFT AGENDA
1. Adoption of the Agenda (Notes No. 8456 of ...)
Political and General Policy Questions
2. Political aspects of European co-operation and of current international events (Resolution (84)21) (Concl(91)458/2) (Notes No. 8457 of ...)
3. Relations with countries of Central and Eastern Europe (Concl(91)458/3, Misc(91)30, CM(91)...) (Notes No. 8458 of ...)
4. Communication from the Secretary General
N.B. In accordance with the deadline rules for the dispatch of reference documents and Notes on the Agenda, the date limits are:
B level CM: 17 May 1991 Notes: 31 May 1991
A level CM: 21 May 1991 Notes: 3 June 1991 CONFIDENTIAL
CM/Del/Concl(91)458 - a8 - Appendix 2
5. Conferences of Specialised Ministers - State of preparation (Concl(91)458/5, CM(91)83 of ..., SG/D/Inf(91)5) (Notes No. 8459 of ...)
6. Preparation of the Joint Committee (Helsinki, 26 June 1991) (Notes No. 8460 of ...)
7. Situation in Cyprus (Concl(91)458/13) (Notes No. 8461 of 28.5.91)
8. Situation of the Palestine refugees and the immigration of Soviet Jews to Israel - Assembly Recommendation 1152 (1991) (Concl(91)458/8a) (Notes No. 8452 of 28.5.91)
9. Pointers for the 1992 Intergovernmental Programme of Activities (CM(91)89 of 28.5.91) (Notes No. 8463 of ...)
10. Situation of the Iraqi Kurdish population and other persecuted minorities - Reception and settlement of refugees in Turkey - Assembly Recommendations 1150 and 1151 (1991) (Concl(91)458/39a and b, CM(91)87) (Notes No. 8464 of ...)
Human Rights
11. European Committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT) - Election of members in respect of Cyprus and Finland (CM(91)81) of 24.5.91) (Notes No. 8465 of ...)
12. Nomination of candidates for the election of judges of the European Court of Human Rights in respect of Portugal and Switzerland (CM(91)...) (Notes No. 8462 of ...) CONFIDENTIAL
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13. European Committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT) - 1st general report of activities (November 1989-December 1990) (Concl(91)458/16, CM(91)32) (Notes No. 8466 of ...)
*14. Ad hoc Committee of experts to exchange views on standard-setting activities of the United Nations in the field of Human Rights (CAHST) (Notes No. 8449 of 16.5.91)
Legal Questions
15. Europe of 1992 and refugee policies - Assembly Recommendation 1149 (1991) (Notes No. 8467 of ...)
16. Committee of legal advisers on public international law (CAHDI) - Report of the 1st meeting (Strasbourg, 8-9 April 1991) (CM(91)79) (Notes No. 8468 of ...)
*17. Observers at the 10th Criminological Colloquy (Notes No. 8434 of 28.5.91)
*18. Multilateral consultation of parties to the European Convention for the protection of animals for slaughter (ETS 102) (Strasbourg, 19-22 March 1991)
a. Report of the meeting held on 19-22 March 1991 in Strasbourg
b. Draft Recommendation No. R(91) ... on the slaughter of animals
(CM(91)80) (Notes No. 8451 of ...)
Social and Economic Questions
19. Europe of 1992 and migration policies - Assembly Recommendation 1148 (1991) (Notes No. 8469 of ...)
* - B level CONFIDENTIAL
CM/Del/Concl(91)458 - a10 - Appendix 2
20. North African migrants in Europe - Assembly Recommendation 1154 (1991) (Notes No. 8470 of ...)
21. Co-operation with the European Community on the standardisation of biological products and reference preparations (CM(91)38 Addendum and CM(91)90 of 27.5.91) (Notes No. 8471 of ...)
*22. Concerted European policies for health - Assembly Recommendation 1153 (1991) (Notes No. 8453 of ...)
*23. Steering Committee for employment and labour (CDEM) - Report of the 9th meeting (Strasbourg, 10-12 April 1991) (CM(91)82) (Notes No. 8454 of ...)
*24. Specific terms of reference of the Evaluation Committee of Project III.4 of the Intergovernmental Programme of Activities for 1991 (Concl(91)458/23, CM(91)74) (Notes No. 8472 of ...)
Education, Culture and Sport
*25. Gustav Mahler Youth Orchestra - Request for the Council of Europe's patronage (Notes No. 8450 of ...)
*26. European Support Fund for the co-production and distribution of creative cinematographic and audio-visual works ("EURIMAGES") - Assembly Recommendation 1138 (1990) (Notes No. 8433 of 21.5.91)
Environment and Local Authorities
27. Role of the Council of Europe in relation to agriculture - Written Question No. 336 by Lord Kinnoull (CM(91)78) (Notes No. 8473 of ...)
* - B level CONFIDENTIAL
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28. Ad hoc Committee of Experts on regional and minority languages in Europe (CAHLR) - Reports of the 4th (Strasbourg, 28-30 January 1991) and 5th (Strasbourg, 24-26 April 1991) meetings (CM(91)70 and 86) (Notes No. 8474 of ...)
*29. Steering Committee for the conservation and management of the environment and natural habitats (CDPE) - Report of the 5th meeting (Strasbourg, 9-12 April 1991) (CM(91)84) (Notes No. 8475 of ...)
Administrative questions
30. Contribution of Finland to the Social Development Fund (Concl(91)458/8a, CM(91)...) (Notes No. 8476 of ...)
Any other business
* - B level
458th meeting - May 1991
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APPENDIX 3 (item 19)
RESOLUTION ChS (91)1 CONCERNING THE IMPLEMENTATION OF THE EUROPEAN SOCIAL CHARTER DURING THE PERIOD 1986-1987 11th Supervision cycle - first group of States
(adopted by the Committee of Ministers on 23 May 1991 at the 458th meeting of the Ministers' Deputies)
The Committee of Ministers
Referring to the European Social Charter and in particular to the provisions of Part IV thereof;
Having regard to Article 29 of the Charter;
Considering the reports presented by the Governments of Denmark, Greece, Iceland, the Netherlands, Norway, Sweden and the United Kingdom for the period from 1 January 1986 to 31 December 1987;
Considering Conclusions X1-1 of the Committee of Independent Experts appointed under Article 25 of the Charter, the 11th report (I) of the Governmental Committee appointed under Article 27 of the Charter and Assembly Opinion No. 156 (1991),
Draws the attention of the Governments of the States listed above to the various considerations set out in the aforementioned documents, and,
On the basis of the 11th report (I) of the Governmental Committee and in accordance with Article 29 of the Charter,
Recommends the Governments concerned to take account, in an appropriate manner, of the various observations made in the report.
458th meeting - May 1991
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APPENDIX 4 (item 20)
FORM FOR THE APPLICATION OF THE PROTOCOL TO THE EUROPEAN SOCIAL CHARTER
REPORT OF THEGOVERNMENT...... 4 for the period ...... to ...... in pursuance of Article 6 of the Protocol to the European Social
Charter, on the measures taken to give effect to the accepted provisions of the Protocol to the European Social Charter, the instrument of ratification or approval of which was deposited on......
The report also covers the application of such provisions in the following territories ...... for whose international relations...... is responsible, to which, in conformity with Article 9, they have been declared applicable.
In accordance with Article 8 of the Protocol and Article 23 of the Charter, copies of this report in the ...... language have been communicated to ...... on ......
4 To be completed in English or French. CONFIDENTIAL
CM/Del/Concl(91)458 - a16 - Appendix 4
The reports drawn up on the basis of this Form should give, for each accepted provision of the Protocol, full information on the measures adopted to ensure its application, mentioning in particular:
1. any laws or regulations, collective agreements or other provisions relevant to its application;
2. any court decisions on questions of principle relating to these provisions;
3. any factual information making it possible to assess the extent to which these provisions are applied, in particular in relation to the questions specified in this Form.
A Contracting Party's report should be accompanied by the relevant laws and regulations relating to the subject matter. These may be sent in their original language but the Contracting Parties may be asked to supply a translation.
The Contracting Parties may, when considered useful, attach reports submitted in pursuance of any particular ILO Convention, to their report.
The information asked for, especially statistics, should in principle refer to the period covered by the report.
If complete statistics are lacking, governments may naturally supply data or estimates based on ad hoc studies, specialised or sample surveys, or other scientifically approved methods.
The replies of the governments should specify: a. whether they are only concerned with the situation of nationals or whether they apply equally to the nationals of other Contracting Parties (see Appendix to the Protocol); b. whether they are valid for the national territory in its entirety, including the other territories (if any) to which the Protocol applies by virtue of Article 9;
c. whether they apply to all categories of persons included in the scope of the provisions.
The Contracting Parties are asked, in their first report, to answer all the questions and, in subsequent reports, to update information given previously. However, to avoid repetition, answers may consist in a reference to a part of the report concerning a particular provision of the Charter. CONFIDENTIAL
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Article 1
Right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on grounds of sex
1. With a view to ensuring the effective exercise of the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex, the Parties undertake to recognise that right and to take appropriate measures to ensure or promote its application in the following fields:
- access to employment, protection against dismissal and occupational resettlement;
- vocational guidance, training and rehabilitation;
- terms of employment and working conditions including remuneration;
- career development including promotion.
2. Provisions concerning the protection of women, particularly as regards pregnancy, confinement and the post-natal period, shall not be deemed to be discrimination as referred to in paragraph 1 of this Article.
3. Paragraph 1 of this Article shall not prevent the adoption of specific measures aimed at removing de facto inequalities.
4. Occupational activities which, by reason of their nature or the context in which they are carried out, can be entrusted only to persons of a particular sex may be excluded from the scope of this Article or some of its provisions.
(The Appendix to the Protocol states that:
Article 1
It is understood that social security matters, as well as other provisions relating to unemployment benefit, old age benefit and survivor's benefit, may be excluded from the scope of this Article.
Article 1, paragraph 4
This provision is not to be interpreted as requiring the Parties to embody in laws or regulations a list of occupations which, by reasons of their nature or the context in which they are carried out, may be reserved to persons of a particular sex.) CONFIDENTIAL
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A. Please state the specific provisions in statutes, examples of significant collective agreements, etc. which, in your country, forbid direct and indirect discrimination on grounds of sex in the areas covered by paragraph 1 of Article 1.
B. Please describe all significant case-law and other decisions in the field covered by paragraph 1 of Article 1.
C. Please state the guarantees provided for the recognition of the right to equal treatment to which male and female workers are entitled, in particular the protection provided against possible retaliatory measures taken by an employer following a complaint or legal proceedings for discrimination.
D. Please state the measures taken and the machinery established in your country to guarantee or promote in practice equality of opportunity and equal treatment. This information should be specified according to the various areas listed in paragraph 1 of Article 1.
E. Please supply information on de facto situations which, in your country, constitute inequalities in matters covered by paragraph 1 of Article 1 and state the specific measures taken to remedy those situations.
F. Please indicate if, in your country, social security matters and the other provisions listed in the Appendix are excluded from the scope of the Protocol.
G. Please state the specific measures taken in accordance with Article 1 paragraph 2 to protect women in employment or occupations, particularly with respect to pregnancy, confinement and the post-natal period.
H. Please state whether other specific measures for protecting women5 or men in matters covered by paragraph 1 of Article 1 exist and explain the reasons for such measures and their scope.
I. Please indicate whether there are occupations (if so, which ones) that are reserved exclusively for one or other sex, by specifying if it is because of the nature of the activity or the conditions in which it is carried out.
5 These specific measures are not limited to those provided for in Article 8 of the Charter. CONFIDENTIAL
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Article 2
Right to information and consultation
1. With a view to ensuring the effective exercise of the right of workers to be informed and consulted within the undertaking, the Parties undertake to adopt or encourage measures enabling workers or their representatives, in accordance with national legislation and practice: a. to be informed regularly or at the appropriate time and in a comprehensible way about the economic and financial situation of the undertaking employing them, on the understanding that the disclosure of certain information which could be prejudicial to the undertaking may be refused or subject to confidentiality; and b. to be consulted in good time on proposed decisions which could substantially affect the interests of workers, particularly on those decisions which could have an important impact on the employment situation in the undertaking.
2. The Parties may exclude from the field of application of paragraph 1 of this Article, those undertakings employing less than a certain number of workers to be determined by national legislation or practice.
(The Appendix to the Protocol states that:
1. For the purpose of the application of these articles, the term "workers' representatives" means persons who are recognised as such under national legislation or practice.
2. The term "national legislation and practice" embraces as the case may be, in addition to laws and regulations, collective agreements, other agreements between employers and workers' representatives, customs, as well as relevant case-law.
3. For the purpose of the application of these articles, the term "undertaking" is understood as referring to a set of tangible and intangible components, with or without legal personality, formed to produce goods or provide services for financial gain and with power to determine its own market policy.
4. It is understood that religious communities and their institutions may be excluded from the application of these articles, even if these institutions are "undertakings" within the meaning of paragraph 3. Establishments pursuing activities which are inspired by certain ideals or guided by certain moral concepts, ideals and concepts which are protected by national legislation, may be excluded from the application of these articles to such an extent as is necessary to protect the orientation of the undertaking. CONFIDENTIAL
CM/Del/Concl(91)458 - a20 - Appendix 4
5. It is understood that where in a State the rights set out in Articles 2 and 3 are exercised in the various establishments of the undertaking, the Party concerned is to be considered as fulfilling the obligations deriving from these provisions.)
A. Please state if workers in undertakings are informed and consulted directly or through their representatives and, in the latter case, how such representatives are appointed at the various levels (workshop, establishment, undertaking, etc.).
B. Please describe the structures, procedures and arrangements for information and consultation in your country with all necessary information concerning the level at which they operate, whether they are compulsory or optional, their frequency, etc.
C. Please state the nature of the information and of the consultation provided for by legislation, examples of significant collective agreements or by other means, and whether they take place at the level of the undertaking or of the establishment.
D. Please state the specified number or numbers of workers below which undertakings are not required to comply with the provisions relating to the information and consultation of workers.
E. If some workers are not covered by provisions of this type prescribed by legislation, collective agreements or other appropriate measures, please indicate the proportion of workers not so covered (cf. Article 7 of the Protocol and the relevant provision in the Appendix).
F. Please state whether undertakings other than those specified in paragraph 2 of Article 2 are excluded from the application of this provision in the meaning of the Appendix to the Protocol (Articles 2 and 3, paragraph 4) and state the nature of such undertakings and their sectors of activity. CONFIDENTIAL
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Article 3
Right to take part in the determination and improvement of the working conditions and working environment
1. With a view to ensuring the effective exercise of the right of workers to take part in the determination and improvement of the working conditions and working environment in the undertaking, the Parties undertake to adopt or encourage measures enabling workers or their representatives, in accordance with national legislation and practice, to contribute:
a. to the determination and the improvement of the working conditions, work organisation and working environment;
b. to the protection of health and safety within the undertaking;
c. to the organisation of social and socio-cultural services and facilities within the undertaking;
d. to the supervision of the observance of regulations on these matters.
2. The Parties may exclude from the field of application of paragraph 1 of this Article, those undertakings employing less than a certain number of workers to be determined by national legislation or practice.
(The Appendix to the Protocol states that:
1. For the purpose of the application of these articles, the term "workers' representatives" means persons who are recognised as such under national legislation or practice.
2. The term "national legislation and practice" embraces as the case may be, in addition to laws and regulations, collective agreements, other agreements between employers and workers' representatives, customs, as well as relevant case-law.
3. For the purpose of the application of these articles, the term "undertaking" is understood as referring to a set of tangible and intangible components, with or without legal personality, formed to produce goods or provide services for financial gain and with power to determine its own market policy.
4. It is understood that religious communities and their institutions may be excluded from the application of these articles, even if these institutions are "undertakings" within the meaning of paragraph 3. Establishments pursuing activities which are inspired by certain ideals or guided by certain moral concepts, ideals and concepts which are protected by national legislation, may be excluded from the application of these articles to such an extent as is necessary to protect the orientation of the undertaking. CONFIDENTIAL
CM/Del/Concl(91)458 - a22 - Appendix 4
5. It is understood that where in a State the rights set out in Articles 2 and 3 are exercised in the various establishments of the udnertaking, the Party concerned is to be considered as fulfilling the obligations deriving from these provisions.)
A. Please state if workers participate directly or through their representatives in the determination and improvement of the working conditions and the working environment and, in the latter case, how such representatives are appointed at the various levels (workshop, establishment, undertaking, etc.)
B. Please give a general description of the structures, procedures and arrangements for workers to take part in determining the working conditions in undertakings in general and when appropriate in the various activity sectors of undertakings. This information should be specified according to each of the various areas referred to in paragraph 1 of Article 3 of the Protocol. If appropriate, please describe at what levels within the undertaking these rights are exercised and describe how.
C. Please state if workers' participation concerns all of the areas covered by Article 3, paragraph 1 of the Protocol.
D. Please state the number or numbers of workers below which undertakings are not required to make provision for the participation of workers in the determination of their working conditions.
E. If some workers are not covered by provisions of this type prescribed by legislation, collective agreements or other measures, please state the proportion of workers not so covered (cf. Article 7 of the Protocol and the relevant provision in the Appendix).
F. Please state whether undertakings other than those specified in paragraph 2 of Article 3 are excluded from the application of this provision in the meaning of the Appendix to the Protocol (Articles 2 and 3, paragraph 4) and indicate their nature and the sector of activity involved. CONFIDENTIAL
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Article 4, paragraph 1
Right of elderly persons to social protection
With a view to ensuring the effective exercise of the right of elderly persons to social protection, the Parties undertake to adopt or encourage, either directly or in co-operation with public or private organisations, appropriate measures designed in particular:
1. to enable elderly persons to remain full members of society, for as long as possible, by means of:
a. adequate resources enabling them to lead a decent life and play an active part in public, social and cultural life;
b. provision of information about services and facilities available for elderly persons and their opportunities to make use of them.
(The Appendix to the Protocol states that:
For the purpose of the application of this paragraph, the term "for as long as possible" refers to the elderly person's physical, psychological and intellectual capacities.)
A. Please describe the measures of social protection and the social services existing in your country to enable elderly persons to remain full members of society as long as possible.
B. Please indicate the measures taken to ensure that elderly persons have adequate resources within the meaning of this paragraph.
C. Please indicate by which ways information about the services and facilities available for elderly persons are provided to the persons concerned. CONFIDENTIAL
CM/Del/Concl(91)458 - a24 - Appendix 4
Article 4, paragraph 2
Right of elderly persons to social protection
With a view to ensuring the effective exercise of the right of elderly persons to social protection, the Parties undertake to adopt or encourage, either directly or in co-operation with public or private organisations, appropriate measures designed in particular:
2. to enable elderly persons to choose their life-style freely and to lead independent lives in their familiar surroundings for as long as they wish and are able, by means of:
a. provisions of housing suited to their needs and their state of health or of adequate support for adapting their housing;
b. the health care and the services necessitated by their state.
A. Please describe the existing public and, where appropriate, private services and the measures taken to ensure the application of this provision.
B. If private services exist, please describe the forms of co-operation between public and private services in the area covered by this provision.
Article 4, paragraph 3
Right of elderly persons to social protection
With a view to ensuring the effective exercise of the right of elderly persons to social protection, the Parties undertake to adopt or encourage, either directly or in co-operation with public or private organisations, appropriate measures designed in particular:
3. to guarantee elderly persons living in institutions appropriate support, while respecting their privacy, and participation in decisions concerning living conditions in the institution. CONFIDENTIAL
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A. Please indicate what form of assistance is granted to elderly persons living in institutions.
B. Please indicate how the inspection of these institutions in compliance with Article 4 para. 3, is carried out.
C. Please indicate the measures taken to guarantee the respect of privacy of elderly persons in institutions and their participation in decisions concerning living conditions in such institutions.
458th meeting - May 1991
CONFIDENTIAL
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APPENDIX 5 (item 30)
DECISION No. CM/504/270591
Ad hoc terms of reference
1. Name of committee: STEERING COMMITTEE ON LOCAL AND REGIONAL AUTHORITIES (CDLR)
2. Source of terms of reference: Committee of Ministers
3. Completion date: 31 December 1991
4. Terms of reference:
To give an opinion on Assembly Recommendation 1144 on the situation of frontier populations and workers, with particular reference to paragraph 10, sub-paragraphs (b), (d), (e) and (f), and on Appendix III.
5. Committee(s) to be notified of the terms of reference for information: -
458th meeting - May 1991
CONFIDENTIAL
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APPENDIX 6 (item 30)
DECISION No. CM/505/270591
Ad hoc terms of reference
1. Name of committee: STEERING COMMITTEE FOR SOCIAL SECURITY (CDSS)
2. Source of terms of reference: Committee of Ministers
3. Completion date: 31 December 1992
4. Terms of reference:
To give an opinion on Assembly Recommendation 1144 on the situation of frontier populations and workers, with particular reference to paragraph 10, sub-paragraphs (c) and Appendix I.
5. Committee(s) to be notified of the terms of reference for information: -
458th meeting - May 1991
CONFIDENTIAL
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APPENDIX 7 (item 33a)
RESOLUTION (91)7
concerning the
ORDINARY BUDGET FOR THE FINANCIAL YEAR 1991
(adopted by the Committee of Ministers on 23 May 1991 at the 458th meeting of the Ministers' Deputies)
The Committee of Ministers, by virtue of Article 16 of the Statute of the Council of Europe,
HAVING REGARD to Articles 3, 5, 6, 8, 9, 10, 19, 20, 23, 26, 28 and 29 of the Financial Regulations;
HAVING REGARD to Resolution (90)37 of 5 December 1990 approving the ordinary budget for 1991;
HAVING REGARD to the amendments to the ordinary budget for 1991 submitted by the Secretary General (CM(91)38);
HAVING REGARD to the Budget Committee's report of 24 April 1991 (CM(91)65);
CONSIDERING that the appropriations entered in the ordinary budget for 1991 call for amendment,
RESOLVES AS FOLLOWS:
Article 1
The appropriations granted for the ordinary budget for 1991 are increased by an amount of 8,395,000 FF, of which 2,500,000 FF will remain frozen until a decision has been made by the Committee of Ministers. CONFIDENTIAL
CM/Del/Concl(91)458 - a32 - Appendix 7
Sub- Accession Accession Investment Relocation TOTAL Head of Hungary of the Expend- of European and Czech Soviet iture Pharma- and Slovak Union to copoeia Federal the Cultural Republic Convention
VOTE 1103 156,000 156,000 I 1201 449,000 449,000 1302 100,000 40,000 281,000 421,000 1401 150,000 150,000
1501 200,000 65,000 265,000 1504 100,000 100,000 1507 100,000 100,000
VOTE 2101 39,000 39,000 II 2112 10,000 10,000 2113 20,000 20,000 2121 11,000 11,000 2201 25,000 25,000 2214 10,000 10,000
2301 46,000 46,000 2321 4,000 4,000 2331 6,000 6,000
2401 175,000 175,000 2411 128,000 128,000 2412 14,000 14,000 2431 13,000 13,000
2501 28,000 28,000
2601 10,000 10,000 2621 10,000 10,000 2631 5,000 5,000
2701 5,000 5,000 2712 20,000 20,000 2721 5,000 5,000
2801 10,000 10,000 2812 10,000 10,000 2813 5,000 5,000 CONFIDENTIAL
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2901 37,000 37,000 2910 5,000 5,000 2911 10,000 10,000 2912 10,000 10,000 2913 10,000 10,000 2914 10,000 10,000 2917 10,000 10,000 2918 10,000 10,000 2921 19,000 19,000 2931 16,000 16,000
VOTE 3102 312,000 312,000 III 3305 50,000 50,000
VOTE 4201 120,000 120,000 IV 4501 525,000 525,000 4601 115,000 115,000
VOTE 5101 56,000 56,000 V 5102 150,000 150,000
VOTE 8101 1,000,000 2,500,0006 3,500,000 VIII 8102 1,180,000 1,180,000
2,664,000 321,000 2,180,000 3,230,000 8,395,000
Article 2
The estimate of receipts entered under Sub-head 1005 - Recoveries - in the ordinary budget is increased by 321,000 FF in respect of the pro rata temporis administrative charge to be paid by the Soviet Union to the 1991 budget following its accession to the European Cultural Convention on 21 February 1991.
Article 3
The estimate of receipts entered under Sub-head 1006 - Sundry Receipts - in the ordinary budget for 1991 is increased by 8,074,000 FF, being the pro rata temporis contribution of the Czech and Slovak Federal Republic to the 1991 budget following its accession of the Council of Europe on 21 February 1991.
6 Amount to be frozen
458th meeting - May 1991
CONFIDENTIAL
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APPENDIX 8 (item 33a)
RESOLUTION (91)8
concerning the
THE OPEN PARTIAL AGREEMENT ON THE CO-OPERATION GROUP FOR THE PREVENTION OF, PROTECTION AGAINST, AND ORGANISATION OF RELIEF IN MAJOR NATURAL AND TECHNOLOGICAL DISASTERS
(adopted by the Committee of Ministers on 23 May 1991 at the 458th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe and in its composition limited to the Representatives of the States of the Council of Europe which are members of the Open Partial Agreement on the Co-operation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters 7,
HAVING REGARD to Resolution (87)2 of 20 March 1987 setting up a Co-operation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters;
HAVING REGARD to Articles 5, 11, 19, 21 and 28 of the Financial Regulations;
HAVING REGARD to Resolution (90)44 of 5 December 1990, approving the budget of the Open Partial Agreement for 1991;
HAVING REGARD to the amendments to the 1991 budget of the Open Partial Agreement submitted by the Secretary General (CM(91)38);
HAVING REGARD to the Budget Committee's report of 24 April 1991 (CM(91)65);
CONSIDERING that the appropriations in the 1991 budget of the Open Partial Agreement call for amendment,
RESOLVES AS FOLLOWS:
7 States concerned: Belgium, France, Greece, Italy, Luxembourg, Malta, Portugal, San Marino, Spain and Turkey. CONFIDENTIAL
CM/Del/Concl(91)458 - a36 - Appendix 8
Article 1
The appropriations granted for the Open Partial Agreement budget for 1991 are increased by an amount of 280,000 FF as follows:
Head 1.1. - STAFF
Sub-head 1103 - Remuneration and Accessory charges in respect of temporary staff (interpretation) 20,000 FF
Head 1.2. - OTHER EXPENDITURE
Sub-head 1201 - Official journeys 50,000 FF Sub-head 1203 - Consultants 160,000 FF Sub-head 1205 - Telecommunications: European Alert System 10,000 FF Sub-head 1206 - Sundry expenditure - Expenditure on computer equipment 40,000 FF
Article 2
The estimate of receipts under Sub-head 1001 - Sundry Receipts - of the 1991 budget of receipts of the Open Partial Agreement is increased by an amount of 280,000 FF.
Article 3
Having regard to the initial appropriations and the amendments presented in this Resolution, the budgets of expenditure and receipts are increased from 7,918,000 FF to 8,198,000 FF.
Article 4
The supplementary appropriations approved in this Resolution shall be financed by the contribution of Algeria to the 1991 budget and consequently will not require any additional contributions from the other member States.