Ministers’ Deputies
Decisions
CM/Del/Dec(2008)1018 22 February 2008
———————————————
1018th meeting, 20 February 2008
Decisions adopted
———————————————
CONTENTS
Page
List of those present................................................................................................................... 6
1. General questions
1.1 Adoption of the agenda............................................................................................................... 9
1.2 Preparation of forthcoming meetings........................................................................................... 9
1.3 Communication from the Secretary General and the Deputy Secretary General............................... 9
1.4 Report of the Bureau................................................................................................................. 10
1.5 Organisation of ministerial sessions –
Implementation of Recommendation No. 13 of the Juncker report –
Memorandum submitted by the GR-EXT following its meeting of 13 February 2008....................... 10
1.6 Co-operation with the International Organisation of La Francophonie – Draft Joint Declaration....... 10
1.7 Implementation of the Memorandum of Understanding between the Council of Europe
and the European Union............................................................................................................. 11
2. Democracy and political questions
2.1 Current political questions............................................................................................................ +
- Statement by Mr Vuk Jeremić, Minister for Foreign Affairs of Serbia
- Statement by the Representative of Ukraine
2.2 Situation in Cyprus....................................................................................................................... +
2.3 European Committee on Local and Regional Democracy (CDLR)................................................. 11
a. Abridged meeting report of the 40th meeting (Strasbourg, 3-5 December 2007)
b. Terms of reference of the Committee of Experts on democratic participation and public ethics
at local and regional level (LR-DP)
c. Terms of reference of the Committee of Experts on the institutions of local and regional
government (LR-GI)
d. Terms of reference of the Committee of Experts on governance and resources at local and
regional level (LR-GR)
2.4 15th Conference of European Ministers responsible for local and regional government
(Valencia, 15-16 October 2007) – Report by the Secretary General................................................ 11
3. Parliamentary Assembly
3.1 Written Questions by members of the Parliamentary Assembly to the Committee of Ministers
a. Written Question No. 541 by Mr Lindblad: “Harmonisation of European asylum policy”.............. 11
3.2 Written Questions by members of the Parliamentary Assembly to the Committee of Ministers –
Communication by the Chair of the Deputies to the President of the Parliamentary Assembly........ 12
4. Human rights
4.1 The Council of Europe Commissioner for Human Rights –
Presentation of the Commissioner's reports on his visits to Bosnia and Herzegovina
(4-11 June 2007) and Azerbaijan (3-7 September 2007)................................................................... +
4.2 “The concept of “nation”” – Parliamentary Assembly Recommendation 1735 (2006)....................... 12
Page
4.3 “Monitoring of commitments as regards social rights” –
Parliamentary Assembly Recommendation 1795 (2007)................................................................ 13
4.4 “The image of women in advertising” –
Parliamentary Assembly Recommendation 1799 (2007)................................................................ 13
4.5 Steering Committee for Equality between Women and Men (CDEG) –
Abridged report of the 38th meeting (Strasbourg, 28-30 November 2007)..................................... 13
5. Media
5.1 Steering Committee on the Media and New Communication Services (CDMC)............................... 13
a. Abridged report of the 6th meeting (Strasbourg, 27-30 November 2007)
b. Draft declaration on protecting the dignity, security and privacy of children on the Internet
c. Draft declaration on the allocation and management of the digital dividend and the public interest
d. Draft ad hoc terms of reference for the CDMC on the protection of the neighbouring rights of
broadcasting organisations
6. Social cohesion
6.1 European Committee on Migration (CDMG)................................................................................. 14
a.Abridged report of the 54th meeting (Strasbourg, 11-12 October 2007)
b. Draft Recommendation CM/Rec(2008)… of the Committee of Ministers to member states on
strengthening the integration of children of migrants and of immigrant background
c. Draft Recommendation CM/Rec(2008)… of the Committee of Ministers to member states on
policies for Roma and/or Travellers
6.2 Public Health Committee (Partial Agreement) (CD-P-SP).............................................................. 14
a. Abridged report of the 80th session (Strasbourg, 6 November 2007)
b. Draft Resolution ResAP(2008)… on requirements and criteria for the safety of tattoos and
permanent make-up (superseding Resolution ResAP(2003)2 on tattoos and permanent make-up)
8. Youth and sport
8.1 Partial Agreement on the Youth Card –
Appointment of eight governmental members of the Board of Co-ordination................................ 15
8.2 Ad hoc Committee European Co-ordination Forum for the World Anti-Doping Agency (CAHAMA) –
Draft terms of reference............................................................................................................. 15
9. Sustainable development
9.1 European Conference of Ministers responsible for Spatial/Regional Planning (CEMAT) –
Draft Resolution CM/Res(2008)... on the rules governing the Landscape Award of the
Council of Europe..................................................................................................................... 15
9.2 European Diploma for Protected Areas – Draft Resolution CM/ResDip(2008)… on the revised
regulations of the European Diploma for Protected Areas........................................................... 16
APPENDICES
APPENDIX 1 1018th meeting of the Ministers' Deputies
(Item 1.1) (Strasbourg, 20 (10 a.m.) February 2008)
Agenda............................................................................................................. 17
Page
APPENDIX 2 1021st meeting of the Ministers' Deputies
(Item 1.2) (Strasbourg, 12 (10 a.m.) March 2008)
Draft Agenda.................................................................................................... 21
APPENDIX 3 1022nd meeting of the Ministers' Deputies
(Item 1.2) (Strasbourg, 26 (10 a.m.) March 2008)
Draft Agenda.................................................................................................... 25
APPENDIX 4 Guidelines for the organisation of future ministerial sessions............................... 28
(Item 1.5)
APPENDIX 5 Joint Declaration on the reinforcement of co-operation between
(Item 1.6) the Council of Europe and the International Organisation of La Francophonie....... 32
APPENDIX 6 Reply to Parliamentary Assembly Recommendation 1735 (2006)
(Item 4.2) on “The concept of “nation””............................................................................... 34
APPENDIX 7 Reply to Parliamentary Assembly Recommendation 1799 (2007)
(Item 4.4) on “The image of women in advertising”.............................................................. 37
APPENDIX 8 Declaration of the Committee of Ministers
(Item 5.1b) on protecting the dignity, security and privacy of children on the Internet.............. 39
APPENDIX 9 Declaration of the Committee of Ministers
(Item 5.1c) on the allocation and management of the digital dividend and the public interest.. 41
APPENDIX 10 Decision No. CM/875/20022008
(Item 5.1d) Ad hoc terms of reference for the Steering Committee on the Media and
New Communication Services (CDMC) on the protection of the neighbouring
rights of broadcasting organisations.................................................................. 43
APPENDIX 11 Recommendation CM/Rec(2008)4
(Item 6.1b) of the Committee of Ministers to member states on strengthening the integration
of children of migrants and of immigrant background.......................................... 44
APPENDIX 12 Recommendation CM/Rec(2008)5
(Item 6.1c) of the Committee of Ministers to member states
on policies for Roma and/or Travellers in Europe................................................ 52
APPENDIX 13 Resolution ResAP(2008)1
(Item 6.2b) on requirements and criteria for the safety of tattoos and permanent make-up (superseding Resolution ResAP(2003)2 on tattoos and permanent make-up)............................. 63
APPENDIX 14 Terms of reference of the Ad hoc European Committee
(Item 8.2) for the World Anti-Doping Agency (CAHAMA)..................................................... 73
APPENDIX 15 Resolution CM/Res(2008)3
(Item 9.1) on the rules governing the Landscape Award of the Council of Europe................. 76
APPENDIX 16 Resolution CM/ResDip(2008)1
(Item 9.2) on the revised regulations of the European Diploma for Protected Areas............. 80
The 1018th meeting of the Ministers’ Deputies opened on 20 February 2008 at 10.00 a.m. under the chairmanship of Mr E. Kuchár, Deputy for the Minister for Foreign Affairs of the Slovak Republic.
PRESENT
ALBANIA
Ms M. Gega
Mr F. Peni
Mr M. Meminaj
ANDORRA
Ms F. Aleix
ARMENIA
Mr C. Ter Stepanian
Ms L. Daneghyan
Ms O. Davtian
Ms N. H ambarzumyan
AUSTRIA
Mr W. Ettmayer
Mr G. Hauser
AZERBAIJAN
Mr A. Mammadov
Mr M. Kangarlinski
Mr Z. Akhmadov
Mr J. Musayev
BELGIUM
Mr J. Devadder
Mr F. Bontemps
BOSNIA AND HERZEGOVINA
Mr B. Marić
Ms M. Sidran-Kamisalic
Ms M. Dimitrijevic
BULGARIA
Mrs L. Draganova
Ms D. Stambolova-Ivanova
Ms E. Tomova
Mr K. Bojanov
CROATIA
Mr D. Bučan
Ms V. Batistić-Kos
Mr D. Sabljak
CYPRUS
Mr D. Samuel
Mr G. Ioannides
CZECH REPUBLIC
Mr P. Svoboda
Mr O. Abrhám
Ms K. Markovová
DENMARK
Mr J.D. Thomsen
ESTONIA
Mr S. Kannike
Mr I. Siil
Mrs N. Luts
FINLAND
Ms I. Ertman
Ms A.-C. Krank
Mr P. Kotilainen
FRANCE
Mr B. Gain
Ms M.-A. Bourdin
Ms C. Schmerber
Ms C. Larene
GEORGIA
Mr M. Jgenti
Ms L. Goginava
Ms I. Mamuchishvili
GERMANY
Mr E. Kölsch
Mr A. Klaßen
Ms C. Althauser
GREECE
Mr D. Karabalis
Ms E. Kyriakopoulou
HUNGARY
Ms J. József
Mr P. Gőndőr
Mr B. Horváth
ICELAND
Mr S.L. Stefansson
Ms P.M. Rúnarsdóttir
IRELAND
Ms M. Hennessy
Ms M. Connery
Mr P. Memery
Mr N. Sheerin
ITALY
Mr P. Lonardo
Mr A. Verde
Mrs V. Biagiotti
LATVIA
Mr P. Elferts
Mrs I. Freimane-Deksne
LIECHTENSTEIN
Mr D. Ospelt
LITHUANIA
Mr N. Germanas
Mr J. Rakitskis
Ms N. Juodkaitė-Putrimienė
Ms J. Juodagalvienė
LUXEMBOURG
Mr R. Mayer
MALTA
Mr J. Licari
Mr C. Depasquale
MOLDOVA
Mr A. Neguta
Mr S. Mihov
Mrs M. Balitchi
Ms R. Postu
MONACO
Mrs C. Gastaud
MONTENEGRO
Mr Z. Janković
Mr I. Ivanišević
NETHERLANDS
Mr M. van der Kolk
Mr G.C. de Boer
Ms M. Ouwens
NORWAY
Mr T. Frøysnes
Ms T. Kongsvik
POLAND
Mr P. Świtalski
Mr J. Kasprzyk
Mr K. Piorkowski
Ms A. Wyżnikiewicz
PORTUGAL
Mr A. Madeira Bárbara
Mr J. Patricio
ROMANIA
Mr S. Stoian
Mr N. Nastase
Mr R. Staicu
Mr C.H. Rogoveanu
Ms O. Rogoveanu
Mr L. Flueraru
RUSSIAN FEDERATION
Mr A. Alekseev
Mr I. Kapyrin
Mr V. Egorov
Mr S. Veselovskiy
Ms M. Molodtsova
Mr I. Maltsev
Mr I. Subbotin
SAN MARINO
Mr G. Bellatti Ceccoli
Mr D. Beleffi
SERBIA
Mr V. Jeremic,
Minister for Foreign Affairs
Ms S. Prica
Mr D. Sahovic
Director for OSCE and Council of
Europe Directorate,
Ministry of Foreign Affairs
Ms K. Lalic Smajevic
Ms T. Rastovac Siamashvili
Mr I. Vucinic
Mr A. Tomic
Mr D. Krnjevic Miskovic, Counsellor,
Office of the Minister
Ms A. Radosavljevic, Secretary,
Office of the Minister
SLOVAK REPUBLIC
Mr E. Kuchár, Chairman
Mr J. Kubla
Ms E. Kimlikova
Ms I. Kasárová
Ms S. Danová
Ms M. Lukáčiková
Ms J. Makušová
SLOVENIA
Mrs M. Bole
Mrs M. Kušer
Mr J. Brenčič
SPAIN
Ms M. Vilardell Coma
Mr A. Navarro de Zuvillaga
Mr P. Desportes
SWEDEN
Mr P. Sjögren, Vice-Chairman
Mr B. Häggmark
Mr M. Molander
SWITZERLAND
Mr P. Widmer
Mr M. Wey
“THE FORMER
YUGOSLAV REPUBLIC
OF MACEDONIA”
Ms E. Petrova-Mitevska
Ms O. Vasilevska
TURKEY
Mr D. Batibay
Mr K. Esener
Ms N. Darama
Mrs B. Tuğ
Mr T. Oral
Mr T. Bilgiç
Mr B. Ulusoy
Mr U. Umar
UKRAINE
Mr Y. Perelygin
Mr A. Kuzmenko
Mr S. Romanenko
Ms N. Shakuro
UNITED KINGDOM
Ms E. Fuller
Ms H. Mulvein
Ms P. Gordon
Ms V. Morley
*
* *
EUROPEAN COMMISSION
Ms L. Pavan-Woolfe
*
* *
CANADA
-
HOLY SEE
Rev. F. Kolfhaus
JAPAN
Mr T. Kawada
Mr Y. Iizawa
Mr A. Takano
MEXICO
Ms A.R. Arizmendi
UNITED STATES OF AMERICA
Ms F.A. Reed
Item 1.1
Adoption of the agenda
Decisions
The Deputies
1. agreed to postpone the following items to one of their forthcoming meetings:
|
4.3 |
“Monitoring of commitments as regards social rights” – Parliamentary Assembly Recommendation 1795 (2007) |
|
|
4.5 |
Steering Committee for Equality between Women and Men (CDEG) – Abridged report of the 38th meeting (Strasbourg, 28-30 November 2007) |
2. agreed to add the following sub-items to the agenda of their 1018th meeting:
|
2.1 |
Current political questions - Statement by Mr Vuk Jeremić, Minister for Foreign Affairs of Serbia - Statement by the Representative of Ukraine |
3. taking into account decisions 1 and 2 above, adopted the agenda of their 1018th meeting, as it appears at Appendix 1 to the present volume of Decisions.
Item 1.2
Preparation of forthcoming meetings
Decisions
The Deputies
1. approved the draft agenda for their 1021st meeting (12 (10 a.m.) March 2008), as it appears at Appendix 2 to the present volume of Decisions;
2. approved the draft agenda for their 1022nd meeting (26 (10 a.m.) March 2008), as it appears at Appendix 3 to the present volume of Decisions.
Item 1.3
Communication from the Secretary General and Deputy Secretary General
(SG/Com(2008)1018)
Decision
The Deputies took note of the communication by the Secretary General and the Deputy Secretary General, as it appears in document SG/Com(2008)1018.
Item 1.4
Report of the Bureau
Decisions
The Deputies
1. agreed to resume consideration of the question of the distribution of a document at the request of a delegation at their 1019th meeting (27-28 February 2008);
2. took note of the report of the meeting of the Bureau of 19 February 2008 (document CM/Bur/Del(2008)3) and approved the other recommendations contained therein.
Item 1.5
Organisation of ministerial sessions –
Implementation of Recommendation No. 13 of the Juncker report –
Memorandum submitted by GR-EXT following its meeting of 13 February 2008
Decisions
The Deputies
1. approved the guidelines for the organisation of future ministerial sessions as they appear at Appendix 4 to the present volume of Decisions;
2. invited the Slovak Chairmanship of the Committee of Ministers and the Swedish Vice-Chairmanship of the Committee to take the necessary steps in order to implement these guidelines for the 118th Ministerial Session (6-7 May 2008) and to inform the Committee of Ministers of the arrangements planned to this effect at the 1021st meeting of the Ministers’ Deputies (12 March 2008);
3. agreed that the implementation of these guidelines should be evaluated in due course;
4. decided to transmit the guidelines to the High-level Group to consider the follow-up to be given to the Juncker report, with a view to informing it of the measures taken to implement Recommendation No. 13 of this report.
Item 1.6
Co-operation with the International Organisation of La Francophonie – Draft Joint Declaration
(GR-EXT(2008)3, GR-EXT(2008)CB2)
Decision
The Deputies authorised the Secretary General to sign the Joint Declaration on the reinforcement of
co-operation between the Council of Europe and the International Organisation of La Francophonie, as it appears at Appendix 5 to the present volume of Decisions.
Item 1.7
Implementation of the Memorandum of Understanding between the Council of Europe and the European Union
Decision
The Deputies agreed to return, at one of their forthcoming meetings, to the question of the re-examination of the 2002 “Study of technical and legal issues of a possible EC/EU accession to the European Convention on Human Rights”.
Item 2.3
European Committee on Local and Regional Democracy (CDLR)
a. Abridged meeting report of the 40th meeting (Strasbourg, 3-5 December 2007)
b. Terms of reference of the Committee of Experts on democratic participation and public ethics at local and regional level (LR-DP)
c. Terms of reference of the Committee of Experts on the institutions of local and regional government (LR-GI)
d. Terms of reference of the Committee of Experts on governance and resources at local and regional level (LR-GR)
This item was postponed.
Item 2.4
15th Conference of European Ministers responsible for local and regional government
(Valencia, 15-16 October 2007) – Report by the Secretary General
This item was postponed.
Item 3.1a
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers
a. Written Question No. 541 by Mr Lindblad: “Harmonisation of European asylum policy”
Decisions
The Deputies
1. instructed the Secretariat to prepare a draft reply to Written Question No. 541 in light of the views expressed at the present meeting;
2. agreed to resume consideration of this question at one of their forthcoming meetings.
Item 3.2
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers –
Communication by the Chair of the Deputies to the President of the Parliamentary Assembly (CM/Del/Dec(2008)1015/1.6 and CM(2008)4-final)
Decision
The Deputies instructed the Chair to inform the President of the Parliamentary Assembly that, “owing to a lack of consensus it has not been possible to adopt a reply” for the following Written Questions:
- No. 504 by Mr Huseynov: “Impediments of the dangerous precedent caused to the future and integrity of Europe by the belligerent Armenia, which is not willing to obey international laws and legal norms”;
- No. 505 by Ms Pashayeva: “Environmental catastrophe as a result of the pollution of the Azerbaijani water sources with chemical and biological substances by Armenia”;
- No. 506 by Ms Pashayeva: “The functioning of the Metsamor Atomic Power Station of Armenia: great danger for the South Caucasus and the whole of Europe”;
- No. 507 by Ms Pashayeva: “Regular violation of the agreement on cease-fire regime between Azerbaijan and Armenia by armed forces of Armenia and crimes against humanity perpetrated by armed forces of Armenia against civil citizens of Azerbaijan”;
- No. 513 by Ms Pashayeva: “Actions of the leadership of Armenia undermining the Armenia-Azerbaijan ongoing peace process”;
- No. 514 by Ms Pashayeva: “Illegal activity of foreign companies in the occupied territories of Azerbaijan”;
- No. 515 by Ms Pashayeva: “Plans for ‘Shusha Liberation’ monument in Armenia”;
- No. 516 by Ms Pashayeva: “The anniversary of the Khojaly Massacre”;
- No. 517 by Mr Huseynov: “New threats by Armenia to the territorial integrity and cultural heritage of Azerbaijan”;
- No. 518 by Ms Pashayeva: “Grave violation of the principles of the Treaty on Conventional Forces of Europe by Armenia”;
- No. 519 by Mr Lindblad: “In the aftermath of Hrant Dink’s murder”;
- No. 522 by Ms Pashayeva: “The 15th anniversary of occupation of Shusha”;
- No. 526 by Ms Pashayeva: “Armenia's compliance with the Council of Europe position on the conflict over Nagorno-Karabakh, including elections”;
- No. 528 by Mr Huseynov: “The serious threats arising from Armenia’s invasive plans towards the Autonomous Republic of Nakhichevan of Azerbaijan and the responsibility of the Council of Europe”;
- No. 530 by Mr Lambert: “Discrimination in Greek law which affects ethnic Macedonians”;
- No. 531 by Mr Salles: “New attacks on freedom of expression in Turkey”.
Item 4.2
“The concept of “nation”” –
Parliamentary Assembly Recommendation 1735 (2006)
(REC_1735(2006), CM/AS(2008)Rec1735-prov and CM/AS(2008)Rec1735-provcorr (English only))
Decision
The Deputies adopted the reply to Parliamentary Assembly Recommendation 1735 (2006) on “The concept of “nation””, as it appears at Appendix 6 to the present volume of Decisions.[1]
Item 4.3
“Monitoring of commitments as regards social rights” –
Parliamentary Assembly Recommendation 1795 (2007)
This item was postponed under item 1.1.
Item 4.4
“The image of women in advertising” –
Parliamentary Assembly Recommendation 1799 (2007)
Decision
The Deputies adopted the reply to Parliamentary Assembly Recommendation 1799 (2007), as it appears at Appendix 7 to the present volume of Decisions.[2]
Item 4.5
Steering Committee for Equality between Women and Men (CDEG) –
Abridged report of the 38th meeting (Strasbourg, 28-30 November 2007)
This item was postponed under item 1.1.
Item 5.1a,b,c,d
Steering Committee on the Media and New Communication Services (CDMC)
a. Abridged report of the 6th meeting (Strasbourg, 27-30 November 2007)
b. Draft declaration on protecting the dignity, security and privacy of children on the Internet
c. Draft declaration on the allocation and management of the digital dividend and the public interest
d. Draft ad hoc terms of reference for the CDMC on the protection of the neighbouring rights of broadcasting organisations
Decisions
The Deputies
1. adopted the Declaration of the Committee of Ministers on protecting the dignity, security and privacy of children on the Internet, as it appears at Appendix 8 to the present volume of Decisions;
2. adopted the Declaration of the Committee of Ministers on the allocation and management of the digital dividend and the public interest, as it appears at Appendix 9 to the present volume of Decisions;
3. adopted Decision No. CM/875/20022008 giving ad hoc terms of reference for the Steering Committee on the Media and New Communication Services (CDMC) concerning the protection of the neighbouring rights of broadcasting organisations, as it appears at Appendix 10 to the present volume of Decisions;
4. in the light of decisions 1 to 3 above, took note of the abridged report of the 6th meeting of the Steering Committee on the Media and New Communication Services (CDMC) as a whole, as it appears in document CM(2008)10.
Item 6.1a,b,c
European Committee on Migration (CDMG)
a. Abridged report of the 54th meeting (Strasbourg, 11-12 October 2007)
b. Draft Recommendation CM/Rec(2008)… of the Committee of Ministers to member states on strengthening the integration of children of migrants and of immigrant background
c. Draft Recommendation CM/Rec(2008)… of the Committee of Ministers to member states on policies for Roma and/or Travellers
Decisions
The Deputies
1. agreed to modify the terms of reference of the European Committee on Migration (CDMG) to include the following non-governmental organisations as observers in the Committee:
- the European Association of Administrative Judges;
- the International Federation of Red Cross and Red Crescent Societies;
2 adopted Recommendation CM/Rec(2008)4 of the Committee of Ministers to member states on strengthening the integration of children of migrants and of immigrant background, as it appears at Appendix 11 to the present volume of Decisions;
3. adopted Recommendation CM/Rec(2008)5 of the Committee of Ministers to member states on policies for Roma and/or Travellers, as it appears at Appendix 12 to the present volume of Decisions;
4. took note of the abridged report of the 54th meeting of the CDMG as a whole, as it appears in document CM(2008)15.
Item 6.2a,b
Public Health Committee (Partial Agreement) (CD-P-SP)
a. Abridged report of the 80th session (Strasbourg, 6 November 2007)
b. Draft Resolution ResAP(2008)… on requirements and criteria for the safety of tattoos and permanent make-up (superseding Resolution ResAP(2003)2 on tattoos and permanent make-up)
Decisions
The Deputies, in their composition restricted to the States members of the Partial Agreement in the Social and Public Health Field,[3]
1. adopted Resolution ResAP(2008)1 on requirements and criteria for the safety of tattoos and permanent make-up (superseding Resolution ResAP(2003)2 on tattoos and permanent make-up), as it appears at Appendix 13 to the present volume of Decisions;
2. took note of the abridged report of the 80th session of the Public Health Committee (Partial Agreement) (CD-P-SP) as a whole, as it appears in document CM(2008)16.
Item 8.1
Partial Agreement on the Youth Card –
Appointment of eight governmental members of the Board of Co-ordination
(Resolution ResAP(2003)1 and CM(2008)20)
Decision
The Deputies, in their composition restricted to States members of the Partial Agreement on the Youth Card,[4] appointed the following eight member states to sit on the Board of Co-ordination of the Partial Agreement in 2008-2009:
- ANDORRA: Pere Guiu Torrebadella;
- AUSTRIA: Eric Pauser;
- CROATIA: Stjepan Adanić;
- ITALY: Vitantonio Bruno;
- LUXEMBOURG: Georges Metz;
- PORTUGAL: João Paulo de Loureiro Rebelo;
- SERBIA: Aleksandra Mitrovic;
- SPAIN: Rafael Pérez Molina.
Item 8.2
Ad hoc Committee European Co-ordination Forum on the World Anti-doping Agency (CAHAMA) –
Draft terms of reference
(GR-C(2008)CB2 and CM(2008)18-rev2)
Decision
The Deputies adopted the terms of reference of the (CAHAMA), as they appear at Appendix 14 to the present volume of Decisions.
Item 9.1
European Conference of Ministers responsible for Spatial/Regional Planning (CEMAT) – Draft Resolution CM/Res(2008)... on the rules governing the Landscape Award of the Council of Europe
(CM(2007)188-corr)
Decision
The Deputies adopted Resolution CM/Res(2008)3 on the rules governing the Landscape Award of the Council of Europe, as it appears at Appendix 15 to the present volume of Decisions.
Item 9.2
European Diploma for Protected Areas –
Draft Resolution CM/ResDip(2008)… on the revised regulations of the European Diploma for Protected Areas
(CM(2008)11)
Decision
The Deputies adopted Resolution CM/ResDip(2008)1 on the revised regulations of the European Diploma for Protected Areas, as it appears at Appendix 16 to the present volume of Decisions.
Appendix 1
(Item 1.1)
1018 Meeting of the Ministers' Deputies
(Strasbourg, 20 (10 a.m.) February 2008)
Agenda
|
1. |
General questions |
|
1.1 |
Adoption of the agenda |
|
1.2 |
Preparation of forthcoming meetings (CM/Notes/1018/1.2 of 19.2.2008) |
|
1.3 |
Communication from the Secretary General and the Deputy Secretary General |
|
1.4 |
Report of the Bureau |
|
1.5 |
Organisation of ministerial sessions – Implementation of Recommendation No. 13 of the Juncker report – Memorandum submitted by the GR-EXT following its meeting of 13 February 2008 (CM(2008)34 and GR-EXT(2008)CB2) (CM/Notes/1018/1.5 of 15.2.2008) |
|
1.6 |
Co-operation with the International Organisation of La Francophonie – Draft Joint Declaration (Item prepared by the GR-EXT on 13.2.2008) (GR-EXT(2008)3 and GR-EXT(2008)CB2) (CM/Notes/1018/1.6 of 15.2.2008) |
|
1.7 |
Implementation of the Memorandum of Understanding between the Council of Europe and the European Union (Item prepared by the GR-EXT on 13.2.2008) (CM/Notes/1018/1.7 of 15.2.2008) |
|
2. |
Democracy and political questions |
|
2.1 |
Current political questions - Statement by Mr Vuk Jeremić, Minister for Foreign Affairs of Serbia - Statement by the Representative of Ukraine |
|
2.2 |
Situation in Cyprus |
|
2.3 |
European Committee on Local and Regional Democracy (CDLR)
b. Terms of reference of the Committee of Experts on democratic participation and public ethics at local and regional level (LR-DP) c. Terms of reference of the Committee of Experts on the institutions of local and regional government (LR-GI) |
|
d. Terms of reference of the Committee of Experts on governance and resources at local and regional level (LR-GR) |
|
|
(Item postponed) |
|
|
2.4 |
15th Conference of European Ministers responsible for local and regional government (Valencia, 15-16 October 2007) – Report by the Secretary General |
|
(Item postponed) |
|
|
3. |
Parliamentary Assembly |
|
3.1 |
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers a. Written Question No. 541 by Mr Lindblad: “Harmonisation of European asylum policy” (CM/Notes/1018/3.1a of 24.1.2008) |
|
3.2 |
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers – Communication by the Chair of the Deputies to the President of the Parliamentary Assembly (CM/Del/Dec(2008)1015/1.6 and CM(2008)4-final) (CM/Notes/1018/3.2 of 31.1.2008) |
|
4. |
Human rights |
|
4.1 |
The Council of Europe Commissioner for Human Rights – Presentation of the Commissioner's reports on his visits to Bosnia and Herzegovina (4-11 June 2007) and Azerbaijan (3-7 September 2007) (CommDH(2008)1 and CommDH(2008)2) |
|
4.2 |
“The concept of “nation”” – Parliamentary Assembly Recommendation 1735 (2006) (Item prepared by the GR-H on 29.1.2008) (REC_1735(2006), CM/AS(2008)Rec1735-prov and CM/AS(2008)Rec1735-provcorr (English only)) (CM/Notes/1018/4.2 of 1.2.2008) |
|
4.3 |
“Monitoring of commitments as regards social rights” – Parliamentary Assembly Recommendation 1795 (2007) (Item prepared by the GR-H on 29.1.2008) (REC_1795(2007) and CM/AS(2008)Rec1795-prov) (CM/Notes/1018/4.3 of 4.2.2008) |
|
(Item postponed) |
|
|
4.4 |
“The image of women in advertising” – Parliamentary Assembly Recommendation 1799 (2007) (Item prepared by the TC-EG) (REC_1799(2007) and CM/AS(2008)Rec1799-prov) (CM/Notes/1018/4.4 of 31.1.2008) |
|
4.5 |
Steering Committee for Equality between Women and Men (CDEG) – Abridged report of the 38th meeting (Strasbourg, 28-30 November 2007) (Item to be prepared by the TC-EG) |
|
(Item postponed) |
|
|
5. |
Media |
|
5.1 |
Steering Committee on the Media and New Communication Services (CDMC) a. Abridged report of the 6th meeting (Strasbourg, 27-30 November 2007) b. Draft declaration on protecting the dignity, security and privacy of children on the Internet c. Draft declaration on the allocation and management of the digital dividend and the public interest d. Draft ad hoc terms of reference for the CDMC on the protection of the neighbouring rights of broadcasting organisations (Item prepared by the GR-H on 29.1.2008) (CM/Notes/1018/5.1 of 1.2.2008) |
|
6. |
Social cohesion |
|
6.1 |
European Committee on Migration (CDMG) a. Abridged report of the 54th meeting (Strasbourg, 11-12 October 2007) b. Draft Recommendation CM/Rec(2008)… of the Committee of Ministers to member states on strengthening the integration of children of migrants and of immigrant background c. Draft Recommendation CM/Rec(2008)… of the Committee of Ministers to member states on policies for Roma and/or Travellers (Item prepared by the GR-SOC on 5.2.2008) (CM/Notes/1018/6.1 of 8.2.2008) |
|
6.2 |
Public Health Committee (Partial Agreement) (CD-P-SP) a. Abridged report of the 80th session (Strasbourg, 6 November 2007) b. Draft Resolution ResAP(2008)… on requirements and criteria for the safety of tattoos and permanent make-up (superseding Resolution ResAP(2003)2 on tattoos and permanent make-up) (Item prepared by the GR-SOC on 5.2.2008) (CM/Notes/1018/6.2 of 8.2.2008) |
|
8. |
Youth and sport |
|
8.1 |
Partial Agreement on the Youth Card – Appointment of eight governmental members of the Board of Co-ordination (Resolution ResAP(2003)1, CM(2008)20 (Bilingual) and CM(2008)20-corr (Bilingual)) (CM/Notes/1018/8.1 of 4.2.2008) |
|
8.2 |
European Co-ordination Forum for the World Anti-Doping Agency (CAHAMA) – Draft terms of reference (Item prepared by the GR-C on 7.2.2008) (CM(2008)18-rev and GR-C(2008)CB2) (CM/Notes/1018/8.2 of 15.2.2008) |
|
9. |
Sustainable development |
|
9.1 |
European Conference of Ministers responsible for Spatial/Regional Planning (CEMAT) – Draft Resolution CM/Res(2008)... on the rules governing the Landscape Award of the Council of Europe (Item prepared by the GR-C on 7.2.2008) (CM/Notes/1018/9.1 of 8.2.2008) |
|
9.2 |
European Diploma for Protected Areas – Draft Resolution CM/ResDip(2008)… on the revised regulations of the European Diploma for Protected Areas (Item prepared by the GR-C on 7.2.2008) (CM/Notes/1018/9.2 of 8.2.2008) |
|
13. |
Any other business |
Appendix 2
(Item 1.2)
1021 Meeting of the Ministers' Deputies
(Strasbourg, 12 (10 a.m.) March 2008)
Draft Agenda
In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 13 February 2008
Notes: 29 February 2008
|
1. |
General questions |
|
|
1.1 |
Adoption of the agenda |
|
|
1.2 |
Preparation of forthcoming meetings (CM/Notes/1021/1.2 of …) |
|
|
1.3 |
Communication from the Secretary General and the Deputy Secretary General |
|
|
1.4 |
Report of the Bureau |
|
|
1.5 |
118th Session of the Committee of Ministers (Strasbourg, 6-7 May 2008) – Preparation (CM/Notes/1021/1.5 of …) |
|
|
1.6 |
Conferences of Specialised Ministers – State of preparation (CM/Notes/1021/1.6 du …) |
|
|
2. |
Democracy and political questions |
|
|
2.1 |
Current political questions |
|
|
2.2 |
Situation in Cyprus |
|
|
2.3 |
Co-operation between the Council of Europe and the Conference of International Non-Governmental Organisations (INGOs) – Exchange of views with Mrs Annelise Oeschger, President of the Conference of INGOs enjoying participatory status with the Council of Europe (CM/Notes/1021/2.3 of …) |
|
|
2.4 |
26th Quadripartite meeting between the Council of Europe and the European Union (Brussels, 10 March 2008) – Follow-up
|
|
|
2.5 |
7th meeting of the Co-ordination Group between the Council of Europe and the OSCE (Vienna, 14 March 2008) – Preparation (CM/Notes/1021/2.5 of …) |
|
|
6. |
Social cohesion |
|
|
6.1 |
European Pharmacopoeia European Committee on Organ Transplantation (CD-P-TO) a. Abridged report of the 2nd meeting (Dublin, 11-12 October 2007) b. Draft Resolution CM/Res(2008)… on transplantation of kidneys from living donors who are not genetically related to the recipient and its Explanatory Memorandum c. Draft Resolution CM/Res(2008)… on adult-to-adult living donor liver transplantation (CM(2007)196-rev, CM(2007)196-add1rev and CM(2007)196-add2rev) (Item to be prepared by the GR-SOC on 28.2.2008) (CM/Notes/1021/6.1 of …) |
|
|
6.2 |
European Pharmacopoeia European Committee on Blood Transfusion (CD-P-TS) a. Abridged report of the 2nd meeting (Strasbourg, 29-30 October 2007) b. Draft Resolution CM/Res(2008)… on donor responsibility and on limitation to donation of blood and blood components (Item to be prepared by the GR-SOC on 28.2.2008) (CM/Notes/1021/6.2 of …) |
|
|
6.3 |
“Activities of the International Organisation for Migration (IOM)” – Parliamentary Assembly Recommendation 1806 (2007) (Item to be prepared by the GR-SOC on 28.2.2008) (REC_1806(2007) and CM/AS(2007)Rec1806-prov) (CM/Notes/1021/6.3 of …) |
|
|
6.4 |
“Regularisation programmes for irregular migrants” – Parliamentary Assembly Recommendation 1807 (2007) (Item to be prepared by the GR-SOC on 28.2.2008) (REC_1807(2007) and CM/AS(2007)Rec1807-prov) (CM/Notes/1021/6.4 of …) |
|
|
6.5 |
“The evolution of extreme poverty in European towns” – Recommendation 210 (2007) of the Congress of Local and Regional Authorities of the Council of Europe (Item to be prepared by the GR-SOC on 28.2.2008) (Congress Rec_210(2007) and CM/Cong(2008)Rec210-prov) (CM/Notes/1021/6.5 of …) |
|
|
6.6 |
“E-health and democracy in the regions” – Recommendation 212 (2007) of the Congress of Local and Regional Authorities of the Council of Europe (Item to be prepared by the GR-SOC on 28.2.2008) (Congress Rec_212(2007) and CM/Cong(2008)Rec212-prov) (CM/Notes/1021/6.6 of …) |
|
|
6.7 |
8th Conference of European Health Ministers (Bratislava, 22-23 November 2007) – Report of the Secretary General (Item to be prepared by the GR-SOC on 28.2.2008) (CM/Notes/1021/6.7 of …) |
|
|
10. |
Legal questions |
|
|
10.1 |
Steering Committee on Bioethics (CDBI) – Abridged report of the 33rd meeting (Strasbourg, 5 December 2007) (Item to be prepared by the GR-J on 26.2.2008) (CM/Notes/1021/10.1 of …) |
|
|
10.2 |
European Commission for the efficiency of justice (CEPEJ) – Abridged report of the 10th plenary meeting (Strasbourg, 5-6 December 2007) (Item to be prepared by the GR-J on 26.2.2008) (CM(2008)23, CM(2008)23-add1, CM(2008)23-add2, CM(2008)23-add3 and CM(2008)23-add4) (CM/Notes/1021/10.2 of …) |
|
|
10.3 |
European Charter for Regional or Minority Languages
b. Third report of the Committee of Experts in respect of Switzerland (Item to be prepared by the GR-J on 26.2.2008) (CM/Notes/1021/10.3ab of …) c. Election of a member of the Committee of Experts in respect of Spain (Item to be prepared by the GR-J on 26.2.2008) (CM/Notes/1021/10.3c of …) |
|
|
10.4 |
European Committee on Legal Co-operation (CDCJ) – Draft European Convention on the adoption of children (revised) and its draft Explanatory Report (revised) (Item to be prepared by the GR-J on 26.2.2008) (CM/Notes/1021/10.4 of …) |
|
|
10.5 |
“Situation of longstanding refugees and displaced persons in South-Eastern Europe” – Parliamentary Assembly Recommendation 1802 (2007) (Item to be prepared by the GR-J on 26.2.2008) (REC_1802(2007) and CM/AS(2008)Rec1802-prov2) (CM/Notes/1021/10.5 of …) |
|
|
10.6 |
Council of Europe’s Convention on Cybercrime (ETS No. 185) – Request by the Philippines to be invited to accede (Item to be prepared by the GR-J on 26.2.2008) (CM/Notes/1021/10.6 of …) |
|
|
11. |
Administration and logistics |
|
|
11.1 |
Ad hoc Committee of Experts on Buildings (CAHB) – Appointment of members and alternate members for the period 18 March 2008 to 17 March 2011 (CM(2008)19 of …) (CM/Notes/1021/11.1 of …) |
|
|
13. |
Any other business |
|
Appendix 3
(Item 1.2)
1022 Meeting of the Ministers' Deputies
(Strasbourg, 26 (10 a.m.) March 2008)
Draft Agenda
In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 27 February 2008
Notes: 14 March 2008
|
1. |
General questions |
|
|
1.1 |
Adoption of the agenda (CM/DelOJ(2008)1022) |
|
|
1.2 |
Preparation of forthcoming meetings |
|
|
1.3 |
Communication from the Secretary General and the Deputy Secretary General |
|
|
1.4 |
Report of the Bureau |
|
|
1.5 |
118th Session of the Committee of Ministers (Strasbourg, 6-7 May 2008) – Preparation (CM/Notes/1022/1.5 of …) |
|
|
1.6 |
Relations between the Council of Europe and the Community of Portuguese-Speaking Countries (CPLP) (CM/Notes/1022/1.6 of …) |
|
|
2. |
Democracy and political questions |
|
|
2.1 |
Current political questions a. Activities for the development and consolidation of democratic stability (Item to be prepared by the GR-DEM on 13.3.2008) b. Other questions (CM/Notes/1022/2.1 of …) |
|
|
2.2 |
Situation in Cyprus |
|
|
2.3 |
7th meeting of the Co-ordination Group between the Council of Europe and the OSCE (Vienna, 14 March 2008) – Follow-up (CM/Notes/1022/2.3 of …) |
|
|
4. |
Human rights |
|
|
4.1 |
“Rights of national minorities in Latvia” – Parliamentary Assembly Recommendation 1772 (2006) (Item to be prepared by the GR-H on 18.3.2008) (REC_1772(2006) and CM/AS(2007)Rec1772-prov5 of …) |
|
|
4.2 |
European Social Charter a. Revised form for reports submitted in pursuance of the 1961 European Social Charter and the 1988 Additional Protocol (CM(2008)…) b. Revised form for reports submitted in pursuance of the European Social Charter (revised) (CM(2008)…) (Item to be prepared by the GR-H on 18.3.2008) (CM/Notes/1022/4.2 of …) |
|
4.3 |
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) – Election of members of the CPT in respect of Albania and Cyprus (Item to be prepared by the GR-H on 18.3.2008) (CM(2008)…) (CM/Notes/1022/4.3 of …) |
|
4.4 |
Steering Committee for Equality between Women and Men (CDEG) a. Abridged report of the 38th meeting (Strasbourg, 28-30 November 2007) b. Draft Recommendation CM/Rec(2008)… of the Committee of Ministers to member states on the role of women and men in conflict prevention and resolution and in peace building (Item to be prepared by the TC-EG) (CM(2008)…) (CM/Notes/1022/4.4 of …) |
|
5. |
Media |
|
5.1 |
Steering Committee on the Media and New Communication Services (CDMC) a. Draft Recommendation CM/Rec(2008)… of the Committee of Ministers to member states on measures to promote the respect for freedom of expression and information with regards to Internet filters and its Explanatory Memorandum b. Draft declaration on the independence and functions of regulatory authorities for the broadcasting sector (Item to be prepared by the GR-H on 18.3.2008) (CM(2008)…) (CM/Notes/1022/5.1 of …) |
|
11. |
Administration and logistics |
|
11.1 |
Celestina Foundation (Item to be prepared by the GR-AB on 11.3.2008) (CM/Notes/1022/11.1 of …) |
|
11.2 |
Co-ordinating Committee on Remuneration (CCR) – Co-ordination: 2007 activity report (Report by the Chairman, Mr Hans Stefan Kruse) (Item to be prepared by the GR-AB on 18.3.2008) (CM/Notes/1022/11.2 of …) |
|
13. |
Any other business |
Appendix 4
(Item 1.5)
Guidelines for the organisation of future ministerial sessions
I. Introduction
Ministerial sessions are important events in the life of any international organisation. This is particularly true for the Council of Europe which does not benefit from regular summits like the European Union. It is therefore all the more important on the political level that Foreign Affairs Ministers be regularly informed of the work of the Organisation and that the Council of Europe, as a pan-European organisation appears in their political diaries.
II. Background
A. Recommendation No. 13 of the Juncker report
In his report on relations between the Council of Europe and the European Union, Jean-Claude Juncker addressed this question. He underlined on page 27 of his report that:
“Co-operation between the Council of Europe and the EU cannot be strengthened without the commitment of the member states. The Foreign Ministers, and particularly those of the [25], must involve themselves more in the Council’s work. Although they have heavy agendas, and sometimes too many multilateral commitments, I think it essential that they should attend the Council’s ministerial meetings.”
This led to the following recommendation (Recommendation No. 13) which targets in particular the Foreign Affairs Ministers of European Union member states:
“13. Increased involvement of Foreign Ministers, particularly those of the [25], in the Council of Europe’s work is highly desirable. They should attend ministerial meetings. They should ensure, in their own ministries and with other specialised ministries, better co-ordination of their countries’ policies in the two organisations.”
B. The level of ministerial participation
It must be acknowledged that the situation is far from satisfactory, if the level of ministerial participation over the last ten years is examined.
Whilst non-European Union member states are almost always represented by a minister or at least by a state secretary, the number of ministers or state secretaries present from the European Union swings between zero and seven, the average being three, and usually from smaller EU countries. During the last three ministerial meetings, the Chair of the Council of the European Union was only represented at ministerial level (secretary of state) once.
The low level of participation at the last ministerial meeting once again called into question the way in which these meetings are organised and how the themes for discussion are chosen.
It should be recalled in this context that the question of the organisation of ministerial sessions has long engaged the attention of the Ministers’ Deputies. Several reforms have been carried out in this area over time. The last one was decided at the end of 2003 and was implemented for the first time on the occasion of the 114th Session in May 2004. This latest reform reduced the number of ordinary ministerial sessions per year from two to one, with the argument that this would have a positive impact on participation. Experience has shown, however, that this is not the case and in addition an imbalance has been created in the calendar of the Committee of the Ministers, which is detrimental in particular for the chairmanships which change in November.
Two reasons are often put forward to account for the absence of ministers at ministerial meetings:
Firstly, the agendas of ministerial sessions are often taken up with questions that Foreign Affairs Ministers do not regard as warranting their attendance, but rather in the remit of other ministerial departments, such as the Ministries of Justice. Without a political agenda requiring their presence in the discussions and decision-making, the Foreign Affairs Ministers are not prompted to participate in the sessions.
Secondly, the ministerial sessions compete with other commitments both at the national and international level. Among the meetings at political level in other international bodies, in particular the meetings organised regularly between the Foreign Affairs Ministers of the European Union tend to retain their attention as a matter of priority.
III. Guidelines
A. The content of agendas – topics chosen for discussion
In the light of this assessment, thought should be given to means of regenerating the content and the interest of Council of Europe ministerial sessions, which remain a unique forum of encounter for European Foreign Affairs Ministers at the pan-European level.
In this context it must be noted that the choice of topics is fundamental. As it is for the chair to steer the political agenda, organise the discussion and, more generally, the ministerial session as such, the outgoing and incoming chairs should have the initiative for proposing subjects, in close consultation with member states, in particular the country representing the Presidency of the Council of the European Union, and with the Secretary General. The involvement of the EU Presidency would ensure the largest possible participation of Foreign Affairs Ministers of European Union member states. The final decision on the topics for the draft agenda is to be taken by the Deputies.
Experience has shown that the number of topics for discussion needs to be limited to one or two in order to concentrate the discussion and allow sufficient time for it. This does not prevent ministers from discussing outstanding issues on which no consensus has been found during the preparation of the session.
In order for ministerial sessions to attract the interest of ministers, political topics of current concern and of some urgency on which a discussion at the pan-European level of the Council of Europe would be of added value should be chosen for discussion. The range of activities conducted by the Council of Europe, their relevance and impact on the European scene certainly allow for such interesting political topics to be identified, as Prime Minister Jean-Claude Juncker noted in his report on Council of Europe-European Union relations:
“All the subjects dealt with at the Council of Europe have basic connections with human rights, democracy and the rule of law, and are thus fields of action with pronounced political connotations, which need consistent monitoring.”
B. Reviewing the format of the sessions
It would also be useful – if the subjects to be discussed are to have strong political connotations – to rethink the format of the session so as to allow for concrete results to emerge from these discussions at the pan-European level. Materially, this reorganisation could be carried out according to the following scheme:
- The session should be a one-day meeting starting with an informal part.
The “fireside chats” that take place at present on the eve of the ministerial sessions could thus be replaced by informal discussions where the Foreign Affairs Ministers would have the possibility to address a political topic of current concern directly linked with their mandate and in a strictly pan-European frame. The discussions would lead to the preparation of conclusions by the chair.
Participation in the informal discussions would be decided on a case-by-case basis by the chair following consultations with member states.
During the informal discussions, the theme retained would be introduced by the chair. Again, depending on the topic, the practice of inviting a leading personality to introduce the theme of discussion or voice some personal sentiments could possibly be maintained.
- The agenda of the formal ministerial session would include:
- institutional matters linked to the handover of the chairmanship (stocktaking of the achievements of the outgoing chair and presentation of the priorities of the incoming chair);
- general or specific topics which ministers would like to raise during a statement which would be limited in time;
- items requiring a decision at the ministerial level following the work carried out during the six-months' period of the outgoing chairmanship, which would be dealt with without debate (they would be included in the list of decisions and would only be discussed at the specific request of a member state).
The chairmanship should be informed, in due course, should the ministers wish to intervene during the formal session so as to arrange the speaking time appropriately.
Written contributions containing more detailed statements by the ministers or communications by those delegations not represented at ministerial level could be distributed during the formal session.
As in the past, a Communiqué prepared by the Deputies would be adopted by the Ministers on the work of the Organisation at the end of the formal session.
- As far as the schedule is concerned, two options are possible:
· either to start with the informal discussionsin the late afternoon, followed by a dinner for the ministers hosted by the chair. This pattern, which was successfully followed for some years in the past, could as appropriate be adjusted in order to transform the dinner into an informal working dinner. Another alternative could be to have an informal working dinner only. Interpretation in the two official languages of the Council of Europe would then have to be provided during this informal working dinner in order to secure the active participation of the ministers in the discussion. The formal part of the ministerial session would take place the following morning.
· or to have the informal discussions in the morning from 11.00 a.m. to 1 p.m., followed by an informal working lunch and the formal part of the session in the afternoon.[5]
These flexible arrangements concerning the format of the sessions – including the sequence of formal sessionand informal discussions– would be decided on a case-by-case basis for each session by the outgoing and incoming chairs, in consultation with member states.
C. Specialised Committee of Ministers meetings
In addition to the regular annual meetings of the Committee of Ministers, the Ministers of Foreign Affairs could, exceptionally, in accordance with Article 14 of the Statute, decide to nominate alternate ministers to act on their behalf if questions of a more technical or legal nature need to be discussed at the political level. For example, issues linked to the Court of Human Rights or Court judgments could be discussed in the context of a ministerial meeting involving the Ministers of Justice of member states.
This would allow the Council of Europe’s action to be given a higher profile in the capitals, with the political decision makers most directly concerned, and would also produce a better synergy with the different “specialised” Councils of the European Union. A topic for such a meeting could be what steps should be taken in case Protocol No. 14 to the European Convention on Human Rights cannot enter into force.
This would also give effect to the 2nd part of Recommendation No. 13 of Jean-Claude Juncker, which reads as follows:
“They [the Foreign Affairs Ministers] should ensure, in their own ministries and with other specialised ministries, better co-ordination of their countries’ policies in the two organisations.”
and which is made more explicit in page 27 of the report:
“Their ministries should also ensure, with other specialised ministries, that their countries’ policies in the legislative, educational, social and cultural fields are better co-ordinated within the two organisations, having due regard to the ways in which they differ from, and complement, each other. The Council of Europe’s Conferences of Specialised Ministers would also provide a good opportunity to extend the scope of the collective reflection process by involving, in addition to the European Commission, representatives of the relevant PACE and EP committees.”
D. Organisational aspects
Apart from issues such as timing, participants and topics, thought should be given to other aspects of how the session is organised to make it attractive to Ministers of Foreign Affairs. A number of measures could be taken to encourage them to attend, such as a personal written invitation from the chairs to their colleagues.
In case the option of an informal working dinner would be retained, it would be important to select a venue which reflects Strasbourg’s reputation for its tradition of hospitality. The venue could be for example the “Palais des Rohan”, the “Hôtel de Ville” or one of the museums in Strasbourg. The dinner could be hosted by the chairs of the Committee of Ministers, possibly together with the Minister of the host country of the Organisation. The dinner should be open only to ministers and the Secretary General and preceded by a photo session. Other possibilities for photos to be taken could be associated with the session, such as a treaty event.
In case the option of an informal working lunch would be retained, due to time constraints, the above arrangements would not be feasible. An alternative solution would have to be found, which could be to organise this lunch at the Palais de l’Europe.
Appendix 5
(Item 1.6)
Joint Declaration
on the reinforcement of co-operation
between the Council of Europe and the International Organisation of La Francophonie
The Secretary General of the Council of Europe and the Secretary General of the International Organisation of La Francophonie (OIF),
Considering that, in the light of recent developments, the 1983 Co-operation Agreement between the Council of Europe and the Agence de Coopération culturelle et technique, the IOF's predecessor, needs to be revised;
Welcoming the shared values that underlie and guide their activities and the similar objectives that the two organisations have set themselves;
Convinced that closer co-operation between the Council of Europe and the OIF will serve these objectives and offer added value to their respective activities;
Convinced that a strengthened framework for co-operation will increase both organisations' influence, serve as a source of inspiration and facilitate sharing of expertise and joint projects;
Agree to sign this Joint Declaration.
I. PURPOSE AND SCOPE
1. This Declaration is intended to provide an appropriate framework for renewed co-operation and interaction between the Council of Europe and the OIF. It replaces the Co-operation Agreement concluded on 17 March 1983 between the Council of Europe and theAgence de Coopération culturelle et technique.
2. This Declaration takes account of the specific nature, skills and achievements of the two organisations, with a view to securing greater complementarity between their respective programmes.
II. PRINCIPLES OF AND ARRANGEMENTS FOR CO-OPERATION
1. The OIF and the Council of Europe agree to co-operate with each other through their respective Secretariats.
2. This co-operation aims to cover the two organisations' fields of responsibility, particularly the following:
- human rights;
- democracy;
- rule of law;
- cultural diversity;
- education;
- youth;
- media;
- civil society.
3. Co-operation between the two organisations will be based on the principles of reciprocity and complementarity in the implementation of their activities.
4. More specifically, these arrangements may take the form of:
- participating, as far as necessary, in joint discussions on their respective policies in areas of common interest;
- systematically exchanging, in these same areas, reports, studies and other relevant documentation, information and data that the two organisations have published;
- developing and implementing joint projects;
- inviting each other, subject to the regulations and procedures in force in each organisation, to be represented at meetings of their respective committees, working groups and other bodies;
- undertaking other activities that the two organisations may agree on.
III. EXCHANGE OF INFORMATION, CONSULTATION AND CO-OPERATION
1. The OIF and the Council of Europe will keep each other informed of progress on their respective activities in areas of common interest, by nominating a contact point in each organisation.
2. The two organisations undertake to use these arrangements as a basis for regular exchanges of views and consultations in these areas.
3. The two organisations may also discuss the possibilities for closer co-operation in other fields within their respective areas of responsibility.
IV. VISIBILITY
The Council of Europe and the OIF will take steps to maximise the visibility of their joint actions.
Done in Strasbourg, .... 2008
For the Council of Europe For the International Organisation of La Francophonie
Terry DAVIS Abdou DIOUF
Secretary General of the Council of Europe Secretary General of la Francophonie
Appendix 6
(Item 4.2)
Reply to Parliamentary Assembly Recommendation 1735 (2006)
on “The concept of “nation””
(Adopted by the Committee of Ministers on 20 February 2008
at the 1018th meeting of the Ministers’ Deputies)
1. The Committee of Ministers recalls that in January 2007, at the 984th meeting of the Ministers’ Deputies, it adopted the following interim reply to Parliamentary Assembly Recommendation 1735 (2006) on “The concept of “nation””:
“The Committee of Ministers has made a detailed examination of the recommendation, having discussed on several occasions a preliminary draft reply. In the course of this examination of the question, certain conclusions became evident: first that the perceptions of the concept of “nation” vary considerably from state to state, and secondly that, irrespective of these numerous perceptions, the concept of “nation” is of equal sensitivity to each state.
Under these circumstances, the Committee, fully realising the difficulty of adopting a single unequivocal position on the issues raised in the recommendation but wishing nonetheless to provide the Assembly with a duly considered reply, has decided to seek an additional legal view on the matter and will resume its consideration of the question once that advice has been received.”
2. In line with this position, the Deputies gave ad hoc terms of reference to the Steering Committee for Human Rights (CDDH) to provide an opinion on the recommendation.
3. At its 65th meeting (6-9 November 2007), the CDDH adopted its opinion in response to these terms of reference. The Committee of Ministers subscribes to the views put forward in this opinion, which is appended to, and forms an integral part of, the present reply. This being said, the Committee of Ministers wishes to highlight four points in particular:
(i) Concerning the concept of “nation”, it agrees with the CDDH that a common definition of this concept is not necessary for the effective implementation of Council of Europe standards pertaining to national minorities, in particular the Framework Convention for the Protection of National Minorities.
(ii) The Committee of Ministers fully endorses the affirmation that the “promotion of ethnic purity” has no place in a democratic society, where diversity is an important and widespread feature. It firmly condemns all demonstrations of, and incitement to, hatred and tensions between different populations. It recalls in particular the work conducted within the CDDH on human rights in a multicultural society (see paragraph 7 of the attached comments).
(iii) Concerning the Assembly’s recommendation that the Committee of Ministers draw up guidelines on procedures for developing relations between a state and kin minorities residing in a different state, including in neighbouring states, it refers to the comments made by the CDDH. In order to be able to decide on the advisability of elaborating guidelines in this area, it has asked the CDDH for an opinion analysing the potential added value of such guidelines (see paragraph 9 of the attached comments).
(iv) Finally, the Committee of Ministers will consider the issue of co-operation between the Council of Europe and the European Union concerning the rights of persons belonging to national minorities (see paragraph 10 of the attached comments) in the context of the implementation of the Memorandum of Understanding between the two organisations.
Appendix to the reply
Comments of the CDDH on Parliamentary Assembly Recommendation 1735 (2006)
on “The concept of “nation””, including the question of
support of national minorities by the kin state
(as adopted by the CDDH at its 65th meeting, 6-9 November 2007)
1. The Steering Committee for Human Rights (CDDH) commends the significant role of the Parliamentary Assembly on the furthering of the protection of national minorities in Europe and welcomes the Assembly’s Recommendation 1735 (2006) on “The concept of “nation”” as a continuation of these efforts.
2. The CDDH endorses the remark made by its Committee of Experts on Issues relating to the Protection of National Minorities (DH-MIN) on the fact that the term “nation” has a different meaning in different contexts, and that in these circumstances it is not possible to arrive at a common definition. Such a definition is not necessary for the effective implementation of Council of Europe standards pertaining to national minorities, notably the Framework Convention for the Protection of National Minorities.
3. The CDDH underlines the importance of the Framework Convention, as well as of the European Charter for Regional or Minority Languages and the European Charter of Local Self-Government. Recalling that the DH-MIN regularly discusses the state of signatures and ratifications of these instruments, the CDDH welcomes the fact that the number of States Parties to the Framework Convention has increased to 39 and the number of Parties to the European Charter for Regional or Minority Languages has increased to 22.
4. The CDDH recalls that the protection of national minorities forms an integral part of the international protection of human rights and that it is also advanced by ensuring full respect for the principle of
non-discrimination (Article 14 and Protocol No. 12 of the ECHR) as interpreted by the European Court of Human Rights. In this context, it recalls the important work carried out by the European Commission against Racism and Intolerance (ECRI), which monitors the application of the principle of non-discrimination in all member states.
5. As regards the Parliamentary Assembly’s request that the Committee of Ministers invite member states to promote the recognition of the cultural rights of minorities in their national legislation, the CDDH recalls that, in the context of the monitoring processes of the Framework Convention and the Charter for Minority Languages, the Committee of Ministers regularly adopts recommendations for individual states Parties on the promotion of minority cultures and languages. In this respect, due account is taken of the relevant recommendations issued by the Congress of Local and Regional Authorities of the Council of Europe.
6. The CDDH endorses the affirmation that the “promotion of ethnic purity” has no place in a democratic society, where diversity is an important and widespread feature. It firmly condemns all demonstrations of, and incitement to, hatred and tensions between different populations.
7. It recalls its work on human rights in a multicultural society, in which it notably broached the problem of “hate speech”.[6] It also notes that, even though efforts to protect and promote the rights of persons belonging to national minorities need to be maintained and developed, it must be ensured that efforts also need to be made to facilitate contacts between all persons, irrespective of their ethnic, cultural, linguistic or religious identity, in accordance with Article 6 of the Framework Convention[7] and Article 7.3 of the European Charter for Regional or Minority Languages.[8]
8. As regards the Parliamentary Assembly’s recommendation on ensuring that national constitutions facilitate integration of citizens within a civic and multicultural entity, the CDDH stresses that, although constitutional traditions and contexts differ, all member states are committed to the inclusion of all their citizens in decision-making processes and to the development of an inclusive and cohesive society, with full respect to the principle of non-discrimination. It recalls that the DH-MIN proceeds to exchanges of experiences on various means to achieve these goals.
9. As concerns the Assembly’s recommendation that the Committee of Ministers draws up guidelines on procedures for developing such relations between a state and kin minorities residing in a different state, including in neighbouring states, the CDDH recalls that, according to Article 18 of the Framework Convention, the Parties shall endeavour to conclude, where necessary, bilateral and multilateral agreements with these states in order to ensure an appropriate protection. The CDDH considers in any case that, before taking any decision concerning the elaboration of guidelines, it would be very useful to ask the DH-MIN to analyse the added value of work currently carried out in this field, notably by the Venice Commission,[9] the Advisory Committee on the Framework Convention, the Expert Committee of the European Charter for Regional or Minority Languages and the OSCE High Commissioner on National Minorities.
10. Finally, the CDDH draws attention to a range of valuable ideas contained in the report by Mr Jean-Claude Juncker (April 2006). This text recognises the necessity of developing further co-operation between the Council of Europe and the European Union concerning the rights of persons belonging to national minorities and underlines the very particular expertise of the Council of Europe in this area.[10] The CDDH hopes that the Committee of Ministers, in the context of its follow-up to the Juncker report, will grant the necessary scope for this co-operation.
Appendix 7
(Item 4.4)
Reply to Parliamentary Assembly Recommendation 1799 (2007)
on “The image of women in advertising”
(Adopted by the Committee of Ministers on 20 February 2008
at the 1018th meeting of the Ministers’ Deputies)
1. The Committee of Ministers has carefully examined Parliamentary Assembly Recommendation 1799 (2007) on “The image of women in advertising”, as supplemented by Resolution 1557 (2007) on the same subject.
2. It thanks the Assembly for the thoughts and the proposals put forward in its resolution, which may further the attainment of the Organisation’s key objectives of safeguarding and promoting human rights and human dignity through resolute action against all forms of discrimination. The Committee of Ministers has brought these two texts to the attention of the governments of its member states, to be taken into account in drawing up and implementing their national policies and legislation in the relevant field.
3. The Committee of Ministers shares the Parliamentary Assembly’s approach, namely that the negative images and representations of women in advertising constitute a persistent problem that affects women’s and girls’ dignity and health. It considers that the media can perform a decisive role in bringing about changes in this field, particularly by raising the public’s awareness and sense of responsibility. In that regard, it emphasises the principles laid down by Recommendation Rec(2006)12 of the Committee of Ministers to member states on empowering children in the new information and communications environment.
4. In accordance with the undertakings made by the Heads of State and Government at the Third Summit, the Committee of Ministers is working towards true equality between women and men in all spheres of society, the media and advertising included, in order to guarantee effective democracy, human rights and human dignity for all. Accordingly, on 21 November 2007 it adopted Recommendation CM/Rec(2007)17 on gender equality standards and mechanisms, providing member states with guidelines for the implementation of gender equality in practice.
5. This approach presupposes in particular that advertising is conceived in a spirit of responsibility towards society.[11] The Committee of Ministers would stress the need, particularly in government-sponsored media campaigns, to bar any exploitation of the bodies of women and men to draw attention to goods or services.[12]
6. Such measures should prompt the media, advertising included, to disseminate positive, balanced, responsible and diversified representations of the images and roles of women and men, while fully respecting the independence of the media and freedom of expression, which are subject to no restrictions but those stated in Article 10, paragraph 2 of the European Convention on Human Rights. Here it should be recalled that, according to the case law of the European Court of Human Rights, freedom of expression and information is applicable not only to information or ideas that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb. This likewise applies to the images contained in commercial messages and advertising.
7. However, with regard to the recommendation made by the Assembly in paragraph 12.3.1 of its Resolution 1557 (2007), the Committee of Ministers does not deem it indispensable that incitement to discrimination in advertising be classed as a criminal offence in the member states’ domestic law. It reaffirms the right to freedom of expression and information in accordance with Article 10 of the European Convention on Human Rights, and encourages the adoption and implementation, where they do not yet exist, of measures and of national self-regulating schemes to increase the responsibilities of the national agencies with authority for advertising.[13]
8. The Committee of Ministers also acknowledges the value of measures to encourage basic and further training for advertising professionals,[14] to teach children to distinguish between advertising and reality,[15] and to organise press campaigns[16] on gender equality. It is considered highly expedient that such actions be conducted by the media.
9. In reply to the Assembly’s recommendation to appoint an international committee of experts to make an in-depth study of the image of women and men in advertising (paragraph 2 of Recommendation 1799 (2007)), the Committee of Ministers considers that the aforementioned Recommendation CM/Rec(2007)17 offers member states a strategic and legal framework already covering most of the aspects adverted to by the Assembly. It further considers that any code of good conduct (paragraph 3 of Recommendation 1799 (2007)) should be the outcome of self-regulation. Indeed, having regard to Article 10 of the European Convention on Human Rights and to the case law of the European Court of Human Rights, it is not desirable that this question be addressed by intergovernmental activity of a standard-setting kind.
10. The Committee of Ministers recognises the interest of establishing a European prize (paragraph 4.1 of the recommendation) as a measure of incentive and information regarding the best examples of good practice. In this context, it welcomes the Assembly’s recent initiative for creating a “Gender Equality Prize”. This could be enlarged to cover the concerns expressed by the Assembly in its Recommendation 1799 (2007) and in its Resolution 1557 (2007).
Appendix 8
(Item 5.1b)
Declaration of the Committee of Ministers
on protecting the dignity, security and privacy of children on the Internet
(Adopted by the Committee of Ministers on 20 February 2008
at the 1018th meeting of the Ministers’ Deputies)
The Committee of Ministers of the Council of Europe,
Recalling the fundamental right to freedom of expression and to receive and impart information and ideas without interference by public authorities and regardless of frontiers, as guaranteed by Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights – ETS No. 5);
Recalling the 1989 United Nations Convention of the Rights of the Child, in particular the inherent right for children to dignity, to special protection and care as is necessary for their well-being, to protection against all forms of discrimination or arbitrary or unlawful interference with their privacy and to unlawful attacks on their honour and reputation;
Convinced that the well-being and best interests of children are fundamental values shared by all member states, which must be promoted without any discrimination;
Convinced that the Internet is an important tool for children’s everyday activities, such as communication, information, knowledge, education and entertainment;
Concerned however by the enduring presence of content created by children which can be damaging to their dignity, security, privacy and honour both now and in the future as adults;
Recalling the Committee of Ministers’ Declaration on freedom of communication on the Internet, adopted on 28 May 2003, which stresses that the exercise of such freedom should not prejudice the dignity or fundamental rights and freedoms of others, especially children;
Conscious that the traceability of children’s activities via the Internet may expose them to criminal activities, such as the solicitation of children for sexual purposes, or otherwise illegal or harmful activities, such as discrimination, bullying, stalking and other forms of harassment, by others;
Recalling the measures to protect children referred to in the 2001 Convention on Cybercrime (ETS No. 185), in particular concerning child pornography, and the 2007 Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201), in particular concerning the solicitation of children for sexual purposes;
Convinced of the need to inform children about the enduring presence and risks of the content they create on the Internet and, in this connection, of the need to develop and promote their information literacy, defined as the competent use of tools providing access to information, the development of critical analysis of content and the appropriation of communication skills to foster citizenship and creativity, as referred to in Recommendation Rec(2006)12 of the Committee of Ministers on empowering children in the new information and communications environment;
Aware that communication using new technologies and new information and communication services must respect the right to privacy and to secrecy of correspondence, as guaranteed by Article 8 of the European Convention on Human Rights and as elaborated by the case law of the European Court of Human Rights, as well as the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108);
Concerned by the profiling of information and the retention of personal data regarding children’s activities for commercial purposes;
Noting the outcome documents of the United Nations World Summit on the Information Society (Geneva, 2003 – Tunis, 2005), in particular the 2005 Tunis Agenda for the Information Society which reaffirmed the commitment to effective policies and frameworks to protect children and young people from abuse and exploitation through information and communication technologies;
Noting also the mandate of the United Nations Internet Governance Forum, in particular to identify emerging issues regarding the development and security of the Internet and to help find solutions to the issues arising from the use and misuse of the Internet, of concern to everyday users;
Aware of the emerging tendency for certain types of institutions, such as educational establishments, and prospective employers to seek information about children and young people when deciding on important issues concerning their lives,
Declares that, other than in the context of law enforcement, there should be no lasting or permanently accessible record of the content created by children on the Internet which challenges their dignity, security and privacy or otherwise renders them vulnerable now or at a later stage in their lives;
Invites member states together, where appropriate, with other relevant stakeholders, to explore the feasibility of removing or deleting such content, including its traces (logs, records and processing), within a reasonably short period of time.
Appendix 9
(Item 5.1c)
Declaration of the Committee of Ministers
on the allocation and management of the digital dividend and the public interest
(Adopted by the Committee of Ministers on 20 February 2008
at the 1018th meeting of the Ministers’ Deputies)
The Committee of Ministers of the Council of Europe,
Recalling the commitment of member states to the fundamental right to freedom of expression and information, as guaranteed by Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights – ETS No. 5);
Stressing the importance for democratic societies of the existence of a wide variety of independent and autonomous media, permitting the reflection of diversity of ideas and opinions, as stated in the Committee of Ministers’ Declaration on the freedom of expression and information (29 April 1982);
Conscious of the advantages and opportunities but also the challenges for free and pluralist communication offered by digital technology, and of the need to safeguard essential public interest objectives in the digital environment, including freedom of expression and access to information, media pluralism and cultural diversity, social cohesion, democratic participation, consumer protection and privacy;
Aware of the fact that technical and legislative choices involved in the switchover to the digital environment should not be determined by economic factors alone but ought also to take account of social, cultural and political factors, and agreeing that a balance must be struck between economic interests and objectives of common interest;
Conscious that a balance might need to be struck between the development of a purely market-based approach to spectrum allocation and management, on the one hand, and the promotion of pluralism, cultural and linguistic diversity and access of the public to audiovisual services in Europe, in particular free-to-air broadcasting, on the other hand;
Aware, in particular, that radio spectrum will be freed as a result of the switchover from analogue to digital broadcasting and conscious of the need for states to take decisions in respect of the allocation and management of this scarce public resource in the common interest;
Stressing that the digital dividend[17] is an excellent opportunity to meet the rapidly growing demand for new services and that it can open up the spectrum for broadcasters to significantly develop and expand their services while, at the same time, ensuring that other important social and economic uses, such as broadband applications or mobile multimedia capable of contributing to overcome the digital divide, are taken into account when allocating and managing this valuable resource;
Mindful of the importance of stepping up efforts to ensure effective and equitable access for all persons to the new communication services, education and knowledge, especially with a view to preventing digital exclusion and to narrowing or, ideally, bridging the digital divide;
Recalling Recommendation Rec(2003)9 on measures to promote the democratic and social contribution of digital broadcasting, and in particular its citizen-oriented approach and stipulations regarding the transition to digital broadcasting;
Recalling also Recommendation Rec(2007)3 on the remit of public service media in the information society, underlining the fundamental role of public service media in the new digital environment, which is to promote the values of democratic societies, in particular respect for human rights, cultures and political pluralism, offering a wide choice of programmes and services to all sectors of the public and promoting social cohesion, cultural diversity and pluralist communication accessible to everyone;
Recognising, without prejudice to ongoing efforts within other international fora to find a harmonised approach, the right of member states to define their own policies regarding the transition from analogue to digital broadcasting, and the use of the digital dividend, understood as radio spectrum capacity freed as a result of the switchover to the digital environment;
Aware of the different situations in which various member states find themselves with regard to the digital dividend for geographical, historical, political, cultural, linguistic or other reasons, which may be accommodated through international co-ordination and planning, but make rigid harmonisation difficult;
Stressing the need to guarantee to users stable reception of digital terrestrial broadcasting services and to resolve interference problems before a decision, if any, is taken to put broadcasting services and mobile telephone services in the same or adjacent bands,
Declares that member states:
i. should acknowledge the public nature of the digital dividend resulting from the switchover and the need to manage such a public resource efficiently in the public interest, taking account of present and foreseeable future needs for radio spectrum;
ii. should pay special attention to the promotion of innovation, pluralism, cultural and linguistic diversity, and access of the public to audiovisual services in the allocation and management of the digital dividend and, for this purpose, take in due account the needs of broadcasters and of the media at large, both public service and commercial media, as well as those of other existing or incoming spectrum users;
iii. should also consider the benefit that the allocation and management of the digital dividend may bring to society in terms of an increased number of diversified audiovisual services, including mobile services, with potentially improved geographical coverage and interactive capability, as well as services offering high definition technology, mobile reception, or easier and more affordable access.
Appendix 10
(Item 5.1d)
Decision No. CM/875/20022008
Ad hoc terms of reference
for the Steering Committee on the Media and New Communication Services (CDMC)
on the protection of the neighbouring rights of broadcasting organisations
1. Name of Committee:
Steering Committee on the Media and New Communication Services (CDMC)
2. Source:
Committee of Ministers
3. Completion date:
These terms of reference shall expire on 31 December 2009.
4. Terms of reference:
To resume examination of the protection of the neighbouring rights of broadcasting organisations, by, in the first place, taking stock of the situation and, if justified, elaborating a draft Council of Europe binding instrument designed to reinforce the protection of the neighbouring rights of broadcasting organisations.
Appendix 11
(Item 6.1b)
Recommendation CM/Rec(2008)4
of the Committee of Ministers to member states
on strengthening the integration of children of migrants and of immigrant background
(Adopted by the Committee of Ministers on 20 February 2008
at the 1018th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,
Considering that the aim of the Council of Europe is to achieve greater unity between its members and that this aim may be pursued, in particular, through common action and the adoption of common policies in the fields of migration and youth;
Recalling the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5) and its Protocols;
Recalling the 1996 revised European Social Charter (ETS No. 163) ;
Recalling the United Nations Convention on the Rights of the Child;
Recalling the Common European Framework of Reference for Languages (CEFR): Learning, Teaching, Assessment and the European Language Portfolio (ELP) and their importance in developing language competence and intercultural dialogue;
Considering that the integration of migrants and persons of immigrant background is a pillar of social cohesion of European societies;
Considering that integration is an interactive process based upon mutual willingness to adapt by both migrants and the receiving society;
Considering the importance of providing equal and effective access to educational opportunities, regardless of gender, origin, social background and area of residence;
Considering that there is an urgent need in many member states to strengthen the integration of children of migrants and of immigrant background into school and society;
Considering, in particular, that access to preschool establishments is important for facilitating the socialisation and language acquisition of children of migrants and of immigrant background;
Considering, in particular, that many newly-arrived migrant children have limited proficiency in the language of instruction and a different educational experience that can impede their progress at school, and that also some children of immigrant background enter school without possessing sufficient command of the language of instruction;
Considering, in particular, that in many member states more children of immigrant background than other children leave school prematurely without a diploma or other recognised school-leaving certificate;
Considering, in particular, that many young people of immigrant background have difficulties in the successful transition from school to the labour market;
Considering that the intercultural competence of school teachers and other professionals working with children in the educational system as well as their ability to manage diversity in the classroom are of paramount importance for the successful integration of children of immigrant background at schools;
Considering that the cultural, religious and linguistic diversity of society should be respected and promoted at schools in order to promote social cohesion;
Considering that migrant parents and parents of immigrant background should be encouraged and supported in their parental role and in their efforts to facilitate the integration of their children and that, in particular, they should be involved in the schooling process of their children;
Considering that adequate information about the educational system for migrant parents and parents of immigrant background is vital in empowering them to support the educational process and school performance of their children;
Considering that the active participation of civil society and migrants’ associations in the integration of migrant children should be actively promoted;
Considering that, more generally, migrants and persons of immigrant origin should participate in drafting, adopting and implementing decisions and policies that concern their well-being and integration;
Recalling the importance of the principles of human rights, education for democratic citizenship, and intercultural competence for teachers and other professionals responsible for the welfare of children, including health and social workers,
Recommends the governments of member states, in accordance with the guidelines hereafter, introduce into their policy and practice measures to improve the integration of newly-arrived children of migrants into the educational system, provide children of migrants with adequate language skills at a preschool level, prepare children of migrants and of immigrant background approaching school-leaving age for a successful transition from school to the labour market, and overcome the difficulties faced by these children living in segregated areas and disadvantaged areas.
Concerning the communication of this recommendation and its follow-up,
Member states are encouraged to translate the present recommendation into their official language(s) so as to ensure that relevant actors fully understand its implications. Member states should, in any event, draw its principles to the attention of the public and private bodies concerned in their respective countries, via the appropriate national channels;
Member states should define indicators making it possible to measure compliance with the principles of the present recommendation and application of its provisions.
Appendix to Recommendation CM/Rec(2008)4
on strengthening the integration of children of migrants and of immigrant background
A. Language learning
1. In order to facilitate and enhance the language development of children of migrants, member states should implement measures that are adapted to the particular circumstances of these children. The overall objective of these measures should be to assist the children in acquiring the required proficiency in the language of instruction. This could include, as far as possible, the acquisition and maintenance of their mother tongue.
2. Member states should adopt the measures that are best adapted to the particular language learning needs of the specific populations of migrant children in their countries and should include the measures set out below. Where appropriate, these measures should be implemented at national, regional or local level.
i. Preschools, schools and other educational establishments should be given the necessary resources to offer additional language learning support to newly-arrived children, or to children born in the receiving country to recently-arrived parents, where the child’s command of the language of instruction is deemed insufficient.
ii Organisational and financial support should be given to the initiatives of migrants and their associations aimed at assisting newly-arrived migrant children to learn the language of instruction and to acquire the necessary academic discourse competence.
iii. Effective and adequate diagnoses of the linguistic skills of migrant children at a preschool level should be developed in accordance with the educational standards of the receiving country.
iv. Effective instruments to assess the literacy of newly-arrived migrant children should be developed with a view to being able to offer them language acquisition programmes adapted to their individual needs, including individualised (tailor-made) language support programmes.
v. Preschool establishments should be given support to adequately assess the linguistic skills of children when enrolling them and to put in place appropriate language acquisition and support programmes tailored to the needs of those children who require them.
vi. Where preschool establishments do not exist in the receiving country or in the locality where the family resides, health workers, social workers or other such professionals in contact with the family should make arrangements for an early language assessment of the children of preschool age and ensure that appropriate language enhancement measures are taken, when necessary.
vii. Collective recreation and sports activities should be organised in co-operation with migrants and their associations with a view to facilitating communication between children of different origins, both migrant and of the receiving society. These activities (for example, summer/winter camps, sport competitions, outreach activities) should involve children of different ages and take place in and outside the school. The parents of these children should be encouraged to participate and, if possible, assist in their organisation. Newly-arrived migrant children, in particular, should be actively encouraged to participate in these activities.
viii. Training schemes in work and education related language skills should be organised for children approaching the school-leaving age. The content of these training schemes should be such as to prevent an insufficient command of the language of the receiving country from becoming a barrier for school-leavers of immigrant origin to participation in the labour market. For this purpose, the training schemes should be organised in co-operation with employers and trade-unions.
B. Staff recruitment and development
3. In order to promote diversity at schools, efforts should be made to encourage persons of immigrant background to enter into the teaching profession. Teachers of immigrant background, including recent migrants, should be actively recruited and encouraged to work in schools. For this purpose, consideration should be given to setting up a simplified and accelerated procedure of recognising foreign teaching diplomas and offering special re-qualification courses to persons holding such diplomas.
4. Teachers, social and health workers and other professionals working with migrant children and children of immigrant background should have the ability to recognise and address in an appropriate manner the needs of these children. They should also be able to work effectively in a diverse ethnic, cultural, religious and linguistic environment. To ensure that these professionals have the necessary skills, member states should put in place the measures set out below. These measures should be implemented, as appropriate, by relevant national, regional or local authorities in co-operation with NGOs and migrants’ associations.
i. At every stage of the professional qualification process for teachers, social and health workers and other professionals working with children of migrants and of immigrant background there should be learning opportunities to develop and test the special skills that they require. These include intercultural competence skills, skills to manage cultural differences in the classroom, peaceful conflict resolution skills, diagnostic skills to differentiate language problems from learning deficiencies, and skills to develop didactic instruments and learning strategies aimed at supporting children whose mother tongue is not that of the majority of society and/or the receiving country.
ii. Strategy development and skills relevant to intercultural learning and working with children whose mother tongue is not the language of instruction should be integral and mandatory elements of all
pre-service and/or initial training qualification schemes, particularly for staff working with children of preschool age.
iii. Professionals whose initial training did not include modules relating to intercultural competence, management of cultural differences or plurilingualism should benefit from in-service training in order to equip them with the necessary practical skills and didactic tools. Professionals whose initial training did include such modules should have the opportunity to deepen their theoretical and practical knowledge by attending post-qualification and/or advanced courses.
iv. Supervision and counselling services, whether external or internal, should be made available for professionals in the field with a view to offering assistance and support in the development of general strategies and/or for dealing with individual cases.
C. Human rights, democratic citizenship and diversity
5. In order to facilitate the integration of children of migrants and children of immigrant background in both school and society, member states should ensure that the educational authorities and schools in their countries promote an atmosphere of hospitality, tolerance and respect for diversity at school. They should also assure the necessary conditions to enable these children to develop a positive image of themselves and identify positively with the receiving society. Measures relevant to the particular circumstances in each member state should be adopted, including those set out below.
i. The school curricula should, with a view to helping the children relate to the particular topics of each school subject, reflect the religious, ethnic and cultural diversity of the society and cover such issues as the history of migration and immigration into the receiving country, and the benefits of migration and
cross-cultural knowledge.
ii. The school curricula should include education for democratic citizenship, human rights and intercultural competence.
iii. Teaching materials (including the content of textbooks and illustrations) should reflect the diversity of the society and affirm the fact that migrants and minorities are an integral part of it.
iv. Practical day-to-day arrangements in school should be, wherever possible, sufficiently flexible to meet the needs of children of different cultural and religious backgrounds.
v. Information campaigns that promote positive examples of integration for children through the use of role models of immigrant background should be organised from time to time.
vi. Key persons of immigrant background in the fields of politics, art, sport and entertainment should be actively recruited by schools in co-operation with NGOs to participate in activities organised for children of migrants.
D. Integration into school life
6. Member states should put in place measures aimed at ensuring that newly-arrived children of migrants are fully integrated into the national educational system and as quickly as possible. They should adopt such measures as are most suited to the particular circumstances prevailing in their countries, including the situation of the immigrant population. Government funding should be provided by the relevant national, regional or/and local authorities, where necessary, to help educational authorities and schools implement the measures. The measures should include those set out below. Where appropriate, these measures may be adapted to the needs of children of immigrant background.
7. The purposes of the measures referred to in this section are to ensure that schools identify and address as quickly as possible the particular learning needs of each child, that the child understands and settles into the school’s culture and environment as soon as possible, and that the child can benefit from the opportunities of school life on a basis of equality with other children.
i. Schools should guide migrant children in their studies, help them develop appropriate learning skills and abilities and prevent the emergence of learning-related difficulties.
ii. In the absence of an already existing general framework that provides for the individual profiling of children with a view to identifying their strengths and potential and developing personalised support programmes, educational authorities should arrange for local schools to carry out such profiling of migrant children, particularly with a view to ensuring that they attain the required level of knowledge and proficiency in specific subjects.
iii. Teaching styles and methods should be adapted to the personal needs and learning experiences of the newly-arrived migrant child.
iv. Schools should consider inviting university and/or teacher training institutions to co-operate with them in providing migrant children with the necessary support and assistance in learning difficult subjects. Schools should also consider inviting students enrolled in these institutions to provide voluntary support to these children in following the school curricula.
v. During the early stages of their school career and for a limited period of time only, educational authorities might consider making arrangements for migrant children to be able to undertake parts of their studies in their mother tongue as this will assist the children in developing the cognitive and academic skills necessary to successfully pursue their studies in the language of instruction.
vi. Different methods of offering assistance and support to newly-arrived migrant children by their fellow pupils (for example, mentoring schemes or peer learning) should be actively promoted and facilitated by educational authorities and schools.
vii. In the absence of an already existing general system of monitoring of the progress of children in school, educational authorities and schools should establish a system of constant monitoring of the progress of migrant children (especially newly-arrived migrant children) with a view to preventing them from dropping out of school and to supporting their social integration.
8. In order to ensure that all migrant children leave school with a recognised qualification (for example, diploma, certificate) and that they have a real chance of pursuing a successful career afterwards, educational authorities, in co-operation with NGOs and migrant associations, should encourage the return to school of those children who have dropped out and/or abandoned their studies. Where appropriate, this might be achieved through closer co-operation with the child’s parents and offering flexible modes of learning (for example, part-time school attendance).
E. Civil society, migrants and their associations
9. Civil society and, in particular, migrants’ associations should be actively encouraged to support the integration of migrant children into both school life and the wider society. To do this, member states should put in place such measures as they consider appropriate including those set out below. Where necessary, these measures should benefit from appropriate public funding.
i. Regular forms of consultation and participation (for example, councils and round tables) should be put in place with a view to developing and maintaining co-operation between schools, relevant authorities (social and health authorities) and civil society, including migrants and their associations.
ii. Migrants and their associations should be encouraged to organise the following initiatives in co‑operation with local authorities and schools:
– language courses for children of preschool age;
– participation of migrant children as mentors in mentoring schemes for newly-arrived children of migrants;
– preparation of children approaching school-leaving age for the labour market;
– information campaigns and cultural events involving all children (migrants and non-migrants alike) and aimed at promoting awareness of cultural, religious and linguistic diversity.
10. School buildings should be made available to migrants and their associations outside school hours (evenings and weekends) for the purpose of organising collective social, sport and cultural activities with the participation of migrant children.
F. Support for parents of migrant children
11. In order to facilitate the integration of children of migrants into both school life and the wider society, member states should put in place measures to support and strengthen the parental role of migrant parents and parents of immigrant background. They should adopt such measures as are most suited to the particular circumstances prevailing in their countries and the situation of the immigrant population, including the measures set out below. The general policy of member states should be to promote the financial independence of migrant parents through appropriate social, employment, education and training measures.
i. Preschool institutions, in co-operation with migrants and their associations, should organise regular joint activities for parents and children with a view to encouraging language learning by children of preschool age through play and creative pursuits.
ii. Co-operation between parents and schools should be developed, including joint activities at school involving parents and children (both migrants and non-migrants) and that focus on developing language skills and cultural exchanges (for example, day trips, cultural events and sports activities).
iii. Schools should offer migrant parents advice and guidance in the form of one-to-one or group consultations and, if possible, training with a view to enhancing the parents’ capacity to assist in their children’s education, development and integration. In giving guidance and counselling to migrant parents, their views on parenting and educational policies should be taken into account. Local authorities should consider organising groups of parents (both migrants and non-migrants) to discuss parenting, educational policies and other issues relevant to the upbringing and welfare of their children.
iv. Migrant parents should be given the opportunity to learn the language of instruction of their children.
v. Migrant parents should be encouraged to participate actively in school events and activities together with their children.
vi. Migrant parents should be actively included in the permanent and regular mechanisms of communication and information exchange between schools, parents and local communities (for example councils, regular consultations).
vii. Educational authorities and schools should provide information for migrant parents, particularly for newly-arrived migrants, about the national school system, including its organisation, opportunities for preschool education, conditions for enrolment, the curricula, examinations and the rights and obligations of parents and their children. Several means of making this information available and targeting it to migrant parents should be considered, for example, parents’ meetings, brochures, leaflets and videos/DVDs. Migrants and their associations should be encouraged to disseminate this information. The information should be provided in a manner that can be easily understood by the parents.
viii. Relevant national, local and/or regional authorities should provide information to newly-arrived migrant parents regarding the opportunities available to them to participate in working and community life as well as on the possibilities of becoming financially independent.
G. Facilitating transition from school to the labour market
12. In order to ensure a smooth transition from school to the labour market, develop the child’s full potential and avoid unemployment, member states should put in place measures for the benefit of children of migrants and of immigrant background who are approaching school-leaving age and young people seeking employment or having recently found employment. These measures should be adapted to the conditions prevailing in member states and include those set out below.
i. Young migrants should be entitled to information, advisory, guidance and counselling services that are provided by education and employment authorities to support them in developing career management skills necessary to enter and successfully perform in the labour market.
ii. Advisory, guidance and counselling services should include information on apprenticeships and mentoring schemes. These services may include a permanent staff member appointed as a career advisor with special responsibility for particularly disadvantaged children, including migrant children, and career development centres for young people that involve both the relevant education and employment authorities.
iii. Education authorities and schools should consider offering, in appropriate cases, flexible study arrangements (for example, evening classes, part-time school attendance, combined study and work schemes).
iv. Public authorities should encourage employers, particularly in areas and/or sectors where recruitment through informal networks is prevalent, to organise workplace induction schemes with a view to giving them an opportunity to meet future school leavers and assess their knowledge, skills and aptitude.
v. Mentoring schemes, particularly for newly-arrived migrant children in their final years of school, should be encouraged and supported through, for example, financial incentives, making available specialised staff and recruiting retired and/or senior employees to act as mentors.
vi. Public authorities and NGOs should work directly with private industry and public employers to raise awareness of the possible discriminatory consequences of their recruitment procedures in relation to young school leavers of immigrant origin and of the need to take appropriate action. In this respect, particular attention should be given to ensuring their effective access to apprenticeships and other workplace training schemes.
H. Children living in segregated areas and disadvantaged areas
13. The specific problems of children of migrants and of immigrant background living in segregated areas and disadvantaged areas should be addressed in the context of a coherent and comprehensive strategy for managing the problems of these areas. Local authorities should take measures to ensure that children grow up in a safe and attractive environment.
14. Schools in segregated and disadvantaged areas must be able to offer high quality education if they are to attract children and parents of different social and ethnic background and thereby halt and reverse the process of marginalisation and deprivation. It is important, therefore, that they receive the necessary support from the relevant public authorities (national, regional and local) and the local community to do so.
15. The various measures described in sections A to G of this appendix have particular importance for children of migrants and of immigrant background living in segregated areas and disadvantaged areas. Member states should, however, consider adapting and supplementing these measures as appropriate in order to help these children overcome the special difficulties of their environment. Member states should, in particular, consider implementing the measures set out below.
i. Language support measures should be strengthened in the schools in these areas. Local associations, voluntary and migrant organisations should also be encouraged to provide supplementary language activities outside school.
ii. Training in non-violent conflict resolution for staff working with children in these areas and for the children themselves should be organised by the appropriate authorities with the support and participation of NGOs and migrants’ associations.
iii. Children should be encouraged by local authorities to participate actively in the work of their local youth councils.
iv. Local authorities should encourage schools to promote links between children of different social and ethnic backgrounds and from different areas.
v. Local authorities should ensure that children have the necessary space to learn and play, both at home and outside. They should provide and maintain suitable playgrounds and sports facilities, and organise community events for children.
vi. Local authorities should encourage employers from outside segregated areas and disadvantaged areas to employ young people from these areas and, where appropriate, consider setting aside a number of reserved apprenticeship places for them.
vii. National and local authorities should provide the necessary resources to facilitate the design and implementation of special staff development programmes for people working in nurseries, preschool institutions and schools in segregated areas and disadvantaged areas.
Appendix 12
(Item 6.1c)
Recommendation CM/Rec(2008)5
of the Committee of Ministers to member states
on policies for Roma and/or Travellers in Europe
(Adopted by the Committee of Ministers on 20 February 2008
at the 1018th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,
Considering that the aim of the Council of Europe is to achieve greater unity between its members, and that this aim may be pursued, in particular, through common action in the field of human rights and social cohesion, which form core values and objectives of the Council of Europe;
Recognising that Roma and Travellers have faced, for more than five centuries, widespread and enduring discrimination, rejection and marginalisation all over Europe and in all areas of life; and were targeted victims of the Holocaust; and that forced displacement, discrimination and exclusion from participation in social life have resulted in poverty and disadvantage for many Roma and Traveller communities and individuals across Europe;
Recognising the existence of anti-Gypsyism as a specific form of racism and intolerance, leading to hostile acts ranging from exclusion to violence against Roma and/or Traveller communities;
Recognising the role of the media and education in the persistence of anti-Roma prejudices and their potential to help overcome them;
Aware that discrimination and social exclusion can be overcome most effectively by comprehensive, coherent and proactive policies targeting both the Roma and the majority, which ensure integration and participation of Roma and Travellers in the societies in which they live and respect for their identity;
Considering that all human rights are indivisible, interdependent and interrelated and that economic and social rights are human rights, and should be supported by concrete community and governmental efforts to ensure they are equally accessible to the most deprived and disadvantaged groups and communities;
Bearing in mind the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Rights of the Child, the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5) and Protocol No. 12 (ETS No. 177) and Protocol No. 14 (ETS No. 194, from the date of its entry into force) thereto, the European Charter for Regional or Minority Languages (ETS No. 148), the Framework Convention for the Protection of National Minorities (ETS No. 157), the revised European Social Charter (ETS No. 163), and the European Convention on Nationality (ETS No. 166);
Taking into account Recommendation No. R (2000) 4 of the Committee of Ministers on the education of Roma/Gypsy children in Europe, Recommendation Rec(2001)17 on improving the economic and employment situation of Roma/Gypsies and Travellers in Europe, Recommendation Rec(2004)14 on the movement and encampment of Travellers in Europe, Recommendation Rec(2005)4 on improving the housing conditions of Roma and Travellers in Europe, Recommendation Rec(2006)10 on better access to health care for Roma and Travellers in Europe;
Recalling Recommendations No. 563 (1969), 1203 (1993) and 1557 (2002) of the Parliamentary Assembly of the Council of Europe, and Resolutions No. 125 (1981), 249 (1993), 16 (1995) and 44 (1997) and Recommendation 11 (1995) of the Congress of Local and Regional Authorities of the Council of Europe on the situation of Roma/Gypsies in Europe;
Bearing in mind General Policy Recommendation No. 3 on combating racism and intolerance against Roma/Gypsies, General Policy Recommendation No. 7 on national legislation to combat racism and racial discrimination and General Policy Recommendation No. 10 on combating racism and racial discrimination in and through school education of the European Commission against Racism and Intolerance (ECRI);
Aware of European Union Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and the Treaty on European Union and the Charter of Fundamental Rights of the European Union;
Having in mind the proposed Framework Decision on Combating Racism and Xenophobia of the Council of the European Union;
Having in mind the Guiding Principles for improving the situation of the Roma adopted by the European Union (COCEN Group) at the Tampere Summit in December 1999 and the European Parliament Resolutions on the situation of Roma in the European Union, adopted on 28 April 2005, and on the situation of Roma women in the European Union, adopted on 1 June 2006;
Aware of the research, data collection and opinions of the European Union Fundamental Rights Agency (FRA), and of the FRA Roma and Travellers specific reports;
Aware of the 2003 Action Plan of the Organisation for Security and Co-operation in Europe (OSCE) for the Improvement of the Situation of the Roma and Sinti within the OSCE area;
Taking into account the objectives of the multilateral initiative “the Decade of Roma Inclusion 2005-2015” launched by nine governments of Central and South-Eastern Europe and supported by the World Bank, the Open Society Institute, the Council of Europe, the Council of Europe Development Bank, the United Nations Development Programme, the OSCE and the European Commission;
Recalling that both the Council of Europe Framework Convention for the Protection of National Minorities and the European Union Council Directive 2000/43/EC of 29 June 2000 allow states to take positive action to prevent or compensate for disadvantages linked to ethnic origin or membership of a national minority, with a view to promoting full and effective equality;
Bearing in mind that the constitutional structures, legal, social and cultural traditions and the domestic allocation of responsibilities differ in Council of Europe member states, which may lead to various ways of implementing the present recommendation,
Recommends that governments of member states:
- adopt, in accordance with the principles and provisions set out in the appendix to this recommendation, a coherent, comprehensive and adequately resourced national and regional strategy with short- and long-term action plans, targets and indicators for implementing policies that address legal and/or social discrimination against Roma and/or Travellers and enforce the principle of equality;
- monitor and publish regular evaluation reports on the state of the implementation and impact of strategies and policies to improve the situation of Roma and/or Travellers;
- bring this recommendation to the attention of and ensure the support of the relevant national and local or regional, self-governing public bodies, Roma and/or Traveller communities and the broader population in their respective countries through the appropriate channels, including the media.
Appendix to Recommendation CM/Rec(2008)5
on policies for Roma and/or Travellers in Europe
I. Definitions[18]
The term ‘Roma and/or Travellers’ used in the present text refers to Roma, Sinti, Kale, Travellers, and related groups in Europe, and aims to cover the wide diversity of groups concerned, including groups which identify themselves as Gypsies.
A ‘policy’ is an overall plan embracing general goals and procedures and intended to guide and determine present and future decisions, including legislation and programming.
A ‘strategy’ is a detailed plan based on long-term objectives for achieving positive results in situations, such as Roma employment, or a skill in planning for such situations.
A ‘programme’ is a series of projects with a common overall objective.
A ‘project’ is a series of activities with set objectives, designed to produce a specific outcome within a limited time frame.
The ‘project purpose’ is the central objective of the project. The purpose should address the core problem, and be defined in terms of sustainable benefits for the target group(s). There should only be one project purpose per project.
An ‘objective’ is the description of the aim of a project or programme. In its generic sense it refers to activities, results, project purpose and overall objectives.
An ‘output’ is the clearly identified products emerging from activities.
‘Results’ are the products of the activities undertaken, the combination of which achieve the project purpose, namely the beginning of enjoyment of sustainable benefits for the target groups.
‘Impact/outcomes’ are the effect of the project on its wider environment, and its contribution to the broader sectoral objectives summarised in the project’s overall objectives, and on the achievement of the overarching policy objectives.
An ‘indicator’ is an observable change or event which provides evidence of change, whether this be
short-term or long-term change. They can be revealing of effort and effect at all levels from outputs to objectives.
‘Milestones/benchmarks’ are a type of objectively verifiable indicator providing indications for short- and medium-term objectives (usually activities) which facilitate measurement of achievements throughout a project rather than just at the end. They also indicate times when decisions should be made or action should be finished.
‘Participation’ is the active involvement of a person or a group of people within an activity and goes beyond consultation to being a form of active, continuing and effective engagement.
‘Monitoring’ is the systematic and continuous assessment of the progress of a piece of work over time, enabling actors to verify that things are going to plan and make adjustments in a methodical way.
‘Evaluation’ is the periodic assessment of the relevance, performance, efficiency and rate of achievement of the general objective.
‘Dissemination’ is the wide diffusion of points of knowledge, products developed and project results (for example, methods, products, educational programmes, instruments/tools, models, insights and policy ideas) among relevant target groups playing a part in the mainstreaming process.
‘Mainstreaming’ is a continuous and process-oriented strategy to integrate working methods targeting particular groups or specific aspects of a situation, in regular organisational policies, aiming, in the end, at influencing policy and implementation, and generating fundamental changes. Examples: horizontally (within branches or sectors of similar organisations), vertically (within local, regional or national policy) or transnationally (within partner organisations or through bodies such as the European Commission or the Council of Europe).
‘Positive action’: “With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any member state from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to racial or ethnic origin.” (EC Directive 2000/43/EC). “The law should provide that the prohibition of racial discrimination does not prevent the maintenance or adoption of temporary special measures designed either to prevent or compensate for disadvantages suffered by [Roma and/or Travellers] or to facilitate their full participation in all fields of life. These measures should not be continued once the intended objectives have been achieved.” (ECRI General Policy Recommendation No. 7 on national legislation to combat racism and racial discrimination, paragraph 5).
Under Article 1.1 of the International Convention on the Elimination of All Forms of Racial Discrimination ‘racial discrimination’, as defined in international law, is “any distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life”.
Article 2.2 of the Directive 2000/43/EC of the Council of the European Union refers to racial discrimination as “discrimination on the ground of race or ethnic origin”. Discrimination can take a variety of forms and may include direct and indirect forms of discrimination.
- “direct discrimination occurs when one person is treated less favourably than another is treated in a comparable situation on grounds of racial or ethnic origin”. An example of direct discrimination is a job advert, which says “no Roma people need apply”;
- “indirect discrimination occurs where an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary”. An example of indirect discrimination is requiring all people who apply for a certain job to sit a test in a particular language, even though that language is not necessary for the job.
II. Aim
A national and/or regional strategy should aim at ensuring equality and integration of Roma and/or Travellers in social, economic and political life, promoting community empowerment and capacity building, increasing awareness and understanding of Roma and/or Traveller culture and lifestyle among the rest of society, and ensuring respect for Roma and/or Traveller identity and effective protection from direct and indirect discrimination and segregation and from racism.
III. General principles
In drawing up strategies concerning Roma and/or Travellers, the following principles should be followed:
i. allow a rights-based, comprehensive, dynamic and integrated approach;
ii. recognise the diversity of Roma and/or Traveller communities and their different needs warranting diverse and flexible responses;
iii. support Roma and/or Travellers’ participation as an essential component of all stages of design, implementation, monitoring and evaluation of strategies concerning them, and promote community capacity building;
iv. ensure gender and age balance of Roma and/or Traveller representation;
v. ensure effective monitoring of the implementation of the strategy with clear benchmarks and criteria for success;
vi. integrate ongoing evaluation of strategies and make it a subject for ongoing review and improvement;
vii. ensure that targeting and mainstreaming approaches are used.
IV. Legislative framework
i. All countries should adopt specific and comprehensive anti-discrimination legislation in line with international and European standards; set up anti-discrimination bodies equipped to promote equal treatment and to assist victims of discrimination; and ensure that this legislation is effectively implemented. The effectiveness of civil and administrative anti-discrimination laws could be improved by placing the burden of proof on the person against whom discrimination is alleged, including direct and indirect discrimination and harassment within the scope of the law, by supporting positive action and providing effective and proportionate sanctions and remedies.
ii. Legislation should impose a legal duty on public authorities to promote equality and
non-discrimination and provide adequate resources for this to be made available.
iii. As anti-Gypsyism and violence against Roma and/or Travellers is widespread in Europe, member states that have not yet done so should make racial motivation an aggravating circumstance in prosecuting criminal offences, and ensure that such offences include racially motivated crimes against Roma and/or Travellers.
iv. These legislative provisions should be effectively implemented to ensure there is no impunity for racially motivated crimes. Victims of such crimes should be actively encouraged to report them to the police or other relevant authorities.
V. Developing the strategy
1. Establishing needs
i. The strategy’s objectives should be based on a thorough evidence-based needs assessment carried out by the authorities but which takes into account the views of a wide spectrum of Roma and/or Traveller NGOs, including women’s and youth organisations, as well as NGOs and other relevant bodies working on Roma and/or Traveller issues.
ii. The needs assessment, provided this is admissible in national law, and in accordance with existing international standards on data protection, including the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data (ETS No. 108), should be carried out through, for example, household surveys gathering quantitative and qualitative data on the situation of Roma and/or Travellers, disaggregated by gender, age, and other relevant indicators.
Such data will be helpful in establishing the initial position against which progress may be measured, as well as in monitoring progress and evaluating outcomes of the strategy. If such survey data is used, a clear definition of the indicators used for monitoring shall be provided with the strategy.
The absence of data must not be used either to halt or unduly delay the preparation of any programme or strategy. This may be remedied by launching independent surveys and public consultation with relevant stakeholders.
iii. In case Roma and/or Travellers do not possess any identification papers, authorities should carry out country-wide registration programmes within a definite time frame, free of charge and with simplified procedures, making a special effort to reach categories of population that are more vulnerable due to displacement, limited access to information, literacy problems, etc. (for example, women, the elderly, persons whose mother tongue is different from the official language).
iv. In a population-wide data collection, the public authorities should respect the principles of confidentiality, informed consent and voluntary self-identification.
2. Developing a coherent and co-ordinated strategy
i. The strategy for Roma and/or Travellers should, where necessary, include a review of legislation and administrative practices, to ensure coherent and co-ordinated implementation and removal of obstacles, including gender discrimination and nomadic or semi-nomadic lifestyle, to their effective implementation. Reviewing by means of research and surveys should be undertaken by relevant stakeholders and complemented by awareness-raising campaigns.
ii. The strategy should incorporate best practices already identified, knowledge gained through research, lessons learnt from substantial monitoring and evaluations of national programmes/policies for Roma and/or Travellers throughout Europe and recommendations made by the relevant international, national and local organisations.
3. Participating in policy/strategy development
i. The process or body which devises the strategy should be representative as far as possible of all relevant structures, and should work in partnership with the diverse Roma and/or Traveller communities affected by the strategy, as well as with the communities living close to Roma and/or Travellers.
The structure and composition of the body or bodies should facilitate the development of cross-sectoral policies. National and international governmental and non-governmental organisations may be consulted where appropriate and relevant.
Representation of Roma and/or Travellers should ensure gender balance and youth participation.
ii. States should involve regional and local authorities from the earliest stages of developing the strategy, and ensure their commitment to its effective implementation. Regional and local authorities should develop action plans to implement national strategies at local and regional level.
4. Risk management
In developing the strategy, particular attention should be given to the timely identification and management of all possible risks that could threaten its proper implementation.
5. Continuous monitoring and evaluation
Continuous, independent, participative, co-ordinated and transparent monitoring and evaluation should be built into the strategy.
6. Funding
i. Sufficient financial resources should be allocated, wherever possible on a long-term basis, from the state budget to ensure effective implementation, monitoring and evaluation of the strategy. Hence, a strategy should be adopted only after the consent of the authorities responsible for budget policy and should contain a cost-estimate of the measures proposed.
ii. Governments should provide budgetary support for Roma and/or Travellers’ participation in developing, implementing, monitoring and evaluating the strategy.
iii. Local and/or regional authorities should include specific actions aimed at improving the living conditions of Roma and/or Travellers in local and/or regional budget planning, in order to guarantee sufficient funding for the implementation.
VI. Adopting the strategy
1. Legislative framework
Where legislative and constitutional practice allows, the strategy, and/or the specific measures for its implementation, should be adopted by a legislative act or otherwise supported by legislation to guarantee its sustainability and permanence.
2. Publicising the strategy and awareness raising
i. The text of the strategy and of any implementing decrees should be made available in accessible format to all. It should be translated, where requested, into the Romani language or into the languages commonly used by local Roma and/or Traveller communities and should be publicised through relevant media in line with national law or practice (for example, Official Gazette, radio, television, print media, Internet).
ii. Awareness raising about policy/strategy on Roma and/or Travellers should accompany all stages of the development of the strategy, from development to evaluation. Raising awareness on the content and progress made should target authorities at all levels, intended beneficiaries, as well as the general public. Authorities at all levels should be provided with information, guidelines and training on their duty to refrain from discrimination and to implement the strategy.
iii. Such campaigns should provide information on the situation of the Roma and/or Travellers, on
anti-discrimination provisions, on individual rights and on redress in cases of discrimination. Information about anti-discrimination bodies should be in a language which is easily understandable by its main beneficiaries.
iv. Awareness-raising campaigns aimed at promoting respect and appreciation of Romani/Traveller history and culture, should accompany the release of the strategy. The support and participation of other communities, particularly the populations living close and interacting with Roma and/or Travellers, should be encouraged. Intercultural dialogue and understanding about Romani culture, cultural features of nomadic and semi-nomadic lifestyle and majority expectations should be promoted.
VII. Implementing the strategy
1. Implementation mechanism
i. An adequately staffed and funded implementation mechanism should be put in place at national, regional and local levels.
ii. Interministerial co-operation and co-ordination among different agencies involved in the strategy’s implementation should be ensured to avoid duplication of efforts and achieve effective implementation.
iii. The relevant legislative or administrative texts should contain:
- clear information on the terms of reference concerning composition, co-ordination, areas of competence, statutory powers, accountability and funding of the responsible implementation mechanism;
- the relevant implementation deadlines and targets, budget allocations, and the obligation to provide information and co-operate with the units responsible for monitoring the strategy.
2. Positive action
i. Where they have not yet done so, the states concerned should consider amending their national legislation in an appropriate manner in order to enable positive action aimed at overcoming particular disadvantages experienced by Roma and/or Travellers and at giving equal opportunities for Roma and/or Travellers in society.
ii. Positive measures should be considered, for example, to enable Roma and/or Travellers to have an equal chance to access all levels of education and/or the labour market, and to be hired as advisers in different fields (education, health, housing, employment, etc.). Positive measures should also be taken to encourage Roma and/or Travellers to take up careers, inter alia, in education, media, state administration and the police. An equal participation of Roma and/or Travellers in electoral processes at the national, regional and local levels should be encouraged.
3. Mediators or assistants
i. Mediators or assistants, whenever possible Roma and/or Travellers, should be used and appointed by state, local or regional authorities, with previous consultation of the respective Roma and/or Traveller communities, to serve as contact persons, provide information to these communities and facilitate administrative and other procedures in the various areas of strategy/policy implementation. They should be institutionalised and receive special and quality training funded, wherever possible, by state, local or regional authorities.
ii. Mediators or assistants should, however, play only a supplementary and interim role, and not serve as a substitute to longer-term comprehensive measures for community empowerment and education.
4. Guidance and training
i. Any new legislation on combating discrimination should be accompanied by guidance for the law enforcement authorities to assist them in effective implementation of the law. Law-enforcement personnel should be provided with training on their duty to refrain from racially-motivated acts themselves and actively prevent and expeditiously prosecute such acts in order to ensure the long-term safety and security of Roma and/or Traveller communities. They should have regular contact with Roma and/or Traveller communities and their leaders to foster co-operation and understanding.
Public officials (such as teachers, police officers, health-care practitioners, social welfare workers) should be made aware of direct and indirect racism and anti-gypsyism in the course of their general training.
ii. Member states should ensure that municipal and other local authorities undergo a process of institutional development to ensure they relate to Roma and/or Traveller communities on a fair and equal basis. Staff training, clear leadership, effective management and supervision, practical guidance, monitoring of performance, and effective complaints procedures are useful tools for securing institutional change.
5. Role of civil society
i. Roma and/or Traveller civil society, in particular NGOs, should be encouraged to take part in the development, implementation, monitoring and evaluation of policies aimed at improving their living conditions, both at the national and local levels, so that the process may benefit from their valuable experience and expertise.
ii. The authorities should ensure gender balance throughout the consultation process.
iii. In order to ensure effective partnership with NGOs, member states should encourage:
- multiple partnerships with Roma and/or Traveller organisations;
- the establishment of networks of Roma and/or Traveller organisations;
- the development of common projects and regular contacts among Roma and/or Travellers and
non-Roma/Traveller organisations;
- the dissemination of information among Roma and/or Traveller communities;
- the enhancement of the capacity of Roma and/or Travellers, to enable them to participate in development projects at local, national and international levels targeting vulnerable groups.
iv. Central and local or regional agencies should be given appropriate resources to develop initiatives in areas with Roma and/or Traveller communities.
v. Member states are responsible for the strategy and should refrain from shifting the burden of responsibility for implementation onto NGOs.
vi. The authorities should hold NGOs accountable for the proper use of public funds allocated to them.
6. Mainstreaming
i. The needs of Roma and/or Traveller communities should be incorporated in broader national strategies. Access to and participation in society at large are essential goals, but targeted measures for Roma and/or Travellers should also be pursued where necessary. Mainstreaming should ensure linkage with the rest of activities in the same area, facilitate acceptance of the issue at all levels, and permit access to all necessary administrative mechanisms to ensure Roma and/or Travellers have a say in decisions affecting them. Targeted policies should ensure that specific concerns are not diluted and that the Roma and/or Traveller populations do not become invisible in generic policies.
Mainstreaming should include the gender perspective, which takes into account the specific needs of men and women.
ii. Implementation should go beyond project-based improvements to systemic changes.
VIII. Monitoring and evaluating the implementation of the strategy
1. Monitoring guidelines[19]
i. Appropriate governmental structures or processes should be set up in order to monitor the implementation in various sectors and locally and/or regionally. Monitoring systems should:
- be independent, transparent, well co-ordinated and sufficiently funded;
- involve senior officials, and diverse Roma and/or Traveller representatives selected by the community itself and by Roma NGOs. Gender balance should be respected;
- work on a basis of pre-set indicators and benchmarks, to enable effective assessment of actions taken over a period of time.
ii. Legislative or administrative texts setting up the monitoring structures or processes should contain clear provisions on:
- the mandate, competence, composition, frequency of monitoring, and funding;
- a set of indicators and benchmarks for each area covered in the strategy. These indicators have to be clearly linked to the overall objective of the strategy;
- the categories of measures to be taken, for achieving the strategy objectives, and by which existing public authorities, following consultation with the associations of the persons concerned;
- the measures/projects that can be entrusted to the associations of the persons concerned for implementation and subsequent narrative and financial reports, and on the general conditions to be met in this context;
- the co-ordination and harmonisation procedures to be followed;
- the responsibility of public authorities for delivering monitoring reports;
- independence safeguards, notably freedom to appoint staff and express views publicly, protection against arbitrary dismissal or non-renewal of the mandate.
2. Publication of monitoring reports
i. Monitoring reports should be periodic, public, translated into languages used by the communities concerned (for example, Romani), and made widely available through accessible formats (such as audiotape or CD Rom) and Internet to provide an opportunity for good, reliable, public information on Roma and/or Traveller issues.
Public meetings involving policy makers and experts and representatives of the communities concerned should be considered.
ii. The monitoring of implementation should include a consultation process with Roma and/or Travellers’ communities.
iii. The views of Roma and/or Traveller organisations, including dissenting views, should be reflected in monitoring reports.
iv. Independent monitoring by civil society organisations should be encouraged and their recommendations taken on board as appropriate.
3. Evaluation
i. Evaluations should take place within a multi-annual programme or strategy, at a set frequency (for example, twice every five years), and after the completion of programmes and strategies to identify long-term impacts and outcomes for the range of intended beneficiaries.
ii. Evaluations should:
- be conducted by independent bodies with competence in development issues, monitoring and evaluation and having a wide representation of interested parties;
- be evidence-based and draw on the results of monitoring and involve not only donors and the implementing bodies but also the perspective of other actors, in particular the relevance to the intended beneficiaries and the real impact on their lives;
- review the performance, cost effectiveness and efficiency of the implementing bodies to ensure accountability and be transparent in their findings to promote confidence;
- become tools for learning and for use in strengthening future programmes and strategies for Roma and/or Travellers in similar areas at national, regional and/or local level.
iii. Funds for measures designed to achieve the strategy objectives shall be authorised, according to the relevant procedures obtaining in each state, for a given period of policy duration and reviewed every year.
iv. If a report submitted by a governmental auditing agency contains sufficient information on aspects warranting continuation of any given measures, this report can replace the report on the evaluation results by including a reference to the latter report.
Appendix 13
(Item 6.2b)
Resolution ResAP(2008)1
on requirements and criteria for the safety of tattoos and permanent make-up (superseding Resolution ResAP(2003)2 on tattoos and permanent make-up)
(Adopted by the Committee of Ministers on 20 February 2008
at the 1018th meeting of the Ministers’ Deputies)
The Committee of Ministers, in its composition restricted to the representatives of Austria, Belgium, Bulgaria, Cyprus, Finland, France, Germany, Ireland, the Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland and the United Kingdom, member states of the Partial Agreement in the Social and Public Health Field,
Recalling Resolution (59) 23 of 16 November 1959, on the extension of the activities of the Council of Europe in the social and cultural fields;
Having regard to Resolution (96) 35 of 2 October 1996 revising the above-mentioned partial agreement, whereby it revised the structures of the Partial Agreement and resolved to continue, on the basis of revised rules replacing those set out in Resolution (59) 23, the activities hitherto carried out and developed by virtue of that resolution, these being aimed in particular at:
a. raising the level of health protection of consumers in its widest sense, including the making of a constant contribution to harmonising – in the field of products having a direct or indirect impact on the human food chain as well as in the fields of pesticides, pharmaceuticals and cosmetics – legislation, regulations and practices governing, on the one hand, quality, efficiency and safety controls for products, and, on the other hand, the safe use of toxic or noxious products;
b. integrating people with disabilities into the community; defining and contributing to the implementation, at a European level, of a model of coherent policy for people with disabilities, which takes account simultaneously of the principles of full citizenship and independent living; contributing to the elimination of barriers to people’s integration whatever their nature, whether psychological, educational, family-related, cultural, social, professional, financial or architectural;
Having regard to the action carried out for several years for the purpose of harmonising their legislation, in particular with a view to promoting consumer health as regards the use of cosmetic products;
Considering the increasing popularity of body adornment through tattoos or permanent make-up (PMU);
Considering that tattoos and PMU may pose a risk to human health due to microbiological contamination and/or the presence of harmful substances in the products used for tattoos and PMU and/or the possibility of being tattooed under questionable hygienic conditions;
Considering that colorants not restricted by this resolution have not been evaluated for safe use in tattoos and PMU by an independent scientific body;
Considering that risk assessment is an essential part of the decision-making process on preventive measures aimed at protecting public health;
Taking into account the fact that in most member states tattoos, tattooing and PMU are covered neither by specific national nor European Community regulations;
Aware of the need to fill this gap in legislation and thus to adopt specific legislation on the composition of the products used for tattoos and PMU and the assessment of their safety, including in particular the harmonisation of methods for the analytical determination of possibly harmful substances in colorants, and ensuring that practices for tattoos and permanent make-up are carried out under appropriate hygienic conditions;
Considering the fact that implementing specific legislation on tattoos and PMU may have a substantial positive impact on health risks related to product quality;
Taking the view that each member state, faced with the need to introduce regulations governing this matter, would find it beneficial for such regulations to be harmonised at European level;
Considering that this resolution follows a negative list approach by listing the substances which must not be used in tattooing products and PMU, based on current knowledge in this field;
Considering further that using a negative list-approach is only a first step towards ensuring that hazardous substances are avoided,
Recommends that the governments of the member states of the Partial Agreement in the Social and Public Health Field:
- take into account in their national laws and regulations on tattoos and PMU the principles set out thereafter in the appendix to this resolution, in particular on the composition of tattoos and PMU, and modes and criteria of the safety assessment with a view to public health protection;
- regulate the use of substances in tattoos and PMU by taking steps towards establishing – on the basis of safety assessments carried out by the competent bodies and harmonised at European level – an exhaustive list of substances proved safe for this use under certain conditions (“positive list”).
Each government remains free to impose stricter regulations.
Appendix to Resolution ResAP(2008)1
1. Field of application
This resolution applies to:
- the composition and labelling of products used for tattoos and PMU;
- the risk evaluation required before products used for tattoos and PMU are placed on the market;
- the conditions of the application of tattoos and PMU;
- the obligation to inform the public and the consumer of the health risks of tattoos and PMU and tattooing practices.
2. Definitions
Tattooing is a practice whereby a permanent skin marking or design (a “tattoo”) is administered by intradermal injection of products consisting of colorants and auxiliary ingredients.
“Colorant” is the commonly used denomination for pigments, lakes and dyes that are coloured molecules. Pigments are in general very poorly soluble in water and application media, and unlike most dyes, they have low solubility in organic solvents. For this reason they remain essentially in the solid state, including in live tissues. Dyes are organic molecules that are soluble in general. Certain substances like titanium dioxide (TiO2) or barium sulphate (BaSO4) can be used as carriers for dyes used in tattoos, thereby forming “lakes” which are insoluble in water.
Auxiliary ingredients are necessary to obtain ready-to-use tattooing products. They are of different kinds like solvents, stabilisers, “wetting agents”, pH-regulators, emollients and thickeners.
A permanent make-up (PMU) consists of colorants and auxiliary ingredients which are injected intradermally for the purposes of enhancing the contours of the face.
“Sterile” in this context means the absence of viable organisms, including viruses.
3. Specifications
3.1. When applied and used as intended, tattoo and PMU products must not endanger the health or safety of persons or the environment. To this end, the manufacturer or person responsible for placing the product on the market should perform a risk evaluation based on recent toxicological data and knowledge. This evaluation should be set out in a file which is readily available to the competent authorities.
3.2. Notwithstanding, and in addition to the requirements set out in paragraph 3.1, tattoo and PMU products must only be used if they comply with all the following requirements:
- they do not contain or release the aromatic amines listed in Table 1 of this appendix in concentrations that are technically avoidable according to good manufacturing procedures; the presence or release of these aromatic amines should be determined by using appropriate test methods which should be harmonised across the member states in order to ensure comparable health protection of the consumer and to avoid divergent enforcement, drawing on existing methods which can serve as models (see Tables 4.a-c);
- they do not contain the substances listed in Table 2 of this appendix;
- they do not contain substances listed in Directive 76/768/EEC (Annex II);
- they do not contain substances specified in Directive 76/768/EEC (Annex IV, columns 2 to 4);
- they do not contain carcinogenic, mutagenic and reprotoxic substances of categories 1, 2 or 3 which are classified under Directive 67/548/EEC;
- they comply with maximum allowed concentrations of impurities listed in Table 3 and the minimum requirements for further organic impurities for colorants used in foodstuffs and cosmetic products as set out in Directive 95/45/EEC;
- they are sterile and supplied in a container which maintains the sterility of the product until application, preferably in a packaging size appropriate for single use. In case multi-use containers are used, their design should ensure that the contents will not be contaminated during the period of use;
- preservatives should only be used to ensure the preservation of the product after opening and by no means as a correction of insufficient microbiologic purity in the course of manufacture and of inadequate hygiene in tattooing and PMU practice;
- preservatives should only be used after a safety assessment and in the lowest effective concentration.
3.3. Tattoo and PMU products should contain the following information on the packaging:
- the name and address of the manufacturer or the person responsible for placing the product on the market;
- the date of minimum durability;[20]
- the conditions of use and warnings;
- the batch number or other reference used by the manufacturer for batch identification;
- the list of ingredients according to their International Union of Pure and Applied Chemistry (IUPAC) name, CAS number (Chemical Abstract Service of the American Chemical Society) or Colour Index (CI) number;
- the guarantee of sterility of the contents.
3.4. Tattooing and the application of PMU – including treatment and maintenance of the instruments, in particular their sterilisation and disinfection – must be carried out by the tattooist in conformity with the hygiene regulations laid down by national public health services.
4. Data for the safety assessment of substances which are used in tattoos and PMU
In order to ensure the use of only safe substances in tattoos and PMU, the competent authorities should evaluate specific safety data as set out below, with a view to excluding the use of harmful substances and to establishing gradually and publishing a list of substances shown to be safe in use. Priority should be given to the evaluation of colorants.
In doing so, the competent authorities may use amongst other sources the files which manufacturers are required to keep readily available to the authorities in accordance with paragraph 3.1 of this appendix and should exchange relevant data and conclusions.
Manufacturers should be encouraged to make data on the composition of the product and on the toxicology of the substances available to the competent authorities.
The competent authorities should continuously take steps towards establishing an exhaustive positive list of safe substances with a view to replacing negative lists of harmful substances. Pending the achievement of this goal, authorities should set up and publish non-exhaustive lists of substances shown to be safe in use.
Pigments forbidden in tattoos and PMU included in Table 2 of this appendix or Annex IV, columns 2 to 4 of Directive 76/768/EEC, but relevant for producers may be included in national positive lists if their safety is proven on the basis of additional data obtained under conditions of use in tattoos and PMU.
Safety data required for the assessment of substances used in tattoos and PMU
- Data on physico-chemical properties:
purity;
impurities (heavy metals, amines, etc.);
auxiliary ingredients;
stability (UV, laser, enzymes, bacteria);
cleavage products (aromatic amines, etc.).
- Toxicological data:
corrosion;
irritation (skin, mucous membranes);
phototoxicity;
immunotoxicity (sensitisation, photo-sensitisation, etc.);
genotoxicity in vitro including test of cleavage products; photo-genotoxicity.
- Additionally:
further relevant data or tests in agreement with competent authorities.
Toxicological data for safety assessment should be obtained from test methods using guidelines whenever they exist (for example, Organisation for Economic Co-operation and Development, European Union).
5. Public information
5.1. Governments should issue regulations constituting the legal basis for the information obligations incumbent upon the various players concerned. In this context, the tattooist should necessarily provide the consumer with complete, reliable and comprehensible information on the risks entailed by those practices,[21] including the potential occurrence of sensitisation, care following the application of a tattoo, reversibility and removal of tattoos, and the advice of consulting a physician in case of medical complications.
5.2. Potential consumers should be provided with reliable and evidence-based information about the risks of tattooing or PMU by all appropriate means, for example, through mass information campaigns or via the Internet.
Table 1 – List of aromatic amines, particularly with regard to their carcinogenic, mutagenic, reprotoxic and sensitising properties, which should neither be present in tattoos and PMU products nor released from azo-colorants
|
CAS[22] number |
EC-number |
Substances |
|
293733-21-8 |
6-amino-2-ethoxynaphthaline |
|
|
|
4-amino-3-fluorophenol |
|
|
60-09-3 |
4-aminoazobenzene |
|
|
97-56-3 |
202-591-2 |
o-aminoazotoluene |
|
90-04-4 |
201-963-1 |
o-anisidine |
|
92-87-5 |
202-199-1 |
Benzidine |
|
92-67-1 |
202-177-1 |
Biphenyl-4-ylamine |
|
106-47-8 |
203-401-0 |
4-chloroaniline |
|
95-69-2 |
202-411-6 |
4-chloro-o-toluidine |
|
91-94-1 |
202-109-0 |
3,3'-d-dichlorobenzidine |
|
119-90-4 |
204-355-4 |
3,3'-dimethoxybenzidine |
|
119-93-7 |
204-358-0 |
3,3'-dimethylbenzidine |
|
120-71-8 |
204-419-1 |
6-methoxy-m-toluidine |
|
615-05-4 |
210-406-1 |
4-methoxy-m-phenylenediamine |
|
101-14-4 |
202-918-9 |
4,4'-methylenebis(2-chloroaniline) |
|
101-77-9 |
202-974-4 |
4,4'-methylenedianiline |
|
838-88-0 |
212-658-8 |
4,4'-methylenedi-o-toluidine |
|
95-80-7 |
202-453-1 |
4-methyl-m-phenylenediamine |
|
91-59-8 |
202-080-4 |
2-naphtylamine |
|
99-55-8 |
202-765-8 |
5-nitro-o-toluidine |
Other substances classified as carcinogens in Categories 1, 2, and 3 by the European Commission and mentioned in the Council Directive 1967/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances
|
101-80-4 |
202-977-0 |
4,4'-oxydianiline |
|
106-50-3 |
2003-404-7 |
Para-phenylenediamine |
|
139-65-1 |
205-370-9 |
4,4'-thiodianiline |
|
95-53-4 |
202-429-0 |
o-toluidine |
|
137-17-7 |
205-282-0 |
2,4,5-trimethylaniline |
|
87-62-7 |
2,6-xylidine |
|
|
95-68-1 |
2,4-xylidine |
Table 2 – Non-exhaustive list of substances, particularly with regard to their carcinogenic, mutagenic, reprotoxic and/or sensitising properties, which tattoo and PMU products should not contain (BC/CEN/97/29.11)
|
CI[23] Name |
CAS[24] Number |
CI Number |
|
Acid Green 16 |
12768-78-4 |
44025 |
|
Acid Red 26 |
3761-53-3 |
16150 |
|
Acid Violet 17 |
4129-84-4 |
42650 |
|
Acid Violet 49 |
1694-09-3 |
42640 |
|
Acid Yellow 36 |
587-98-4 |
13065 |
|
Basic Blue 7 |
2390-60-5 |
42595 |
|
Basic Green 1 |
633-03-4 |
42040 |
|
Basic Red 1 |
989-38-8 |
45160 |
|
Basic Red 9 |
569-61-9 |
42500 |
|
Basic Violet 1 |
8004-87-3 |
42535 |
|
Basic Violet 10 |
81-88-9 |
45170 |
|
Basic Violet 3 |
548-62-9 |
42555 |
|
Disperse Blue 1 |
2475-45-8 |
64500 |
|
Disperse Blue 106 |
12223-01-7 |
|
|
Disperse Blue 124 |
61951-51-7 |
|
Disperse Blue 3 |
2475-46-9 |
61505 |
|
Disperse Blue 35 |
12222-75-2 |
|
|
Disperse Orange 3 |
730-40-5 |
11005 |
|
Disperse Orange 37 |
12223-33-5 |
|
|
Disperse Red 1 |
2872-52-8 |
11110 |
|
Disperse Red 17 |
3179-89-3 |
11210 |
|
Disperse Yellow 3 |
2832-40-8 |
11855 |
|
Disperse Yellow 9 |
6373-73-5 |
10375 |
|
Pigment Orange 5 |
3468-63-1 |
12075 |
|
Pigment Red 53 |
2092-56-0 |
15585 |
|
Pigment Violet 3 |
1325-82-2 |
42535:2 |
|
Pigment Violet 39 |
64070-98-0 |
42555:2 |
|
Solvent Blue 35 |
17354-14-2 |
61554 |
|
Solvent Orange 7 |
3118-97-6 |
12140 |
|
Solvent Red 24 |
85-83-6 |
26105 |
|
Solvent Red 49 |
509-34-2 |
45170:1 |
|
Solvent Violet 9 |
467-63-0 |
42555:1 |
|
Solvent Yellow 1 |
60-09-3 |
11000 |
|
Solvent Yellow 2 |
60-11-7 |
11020 |
|
Solvent Yellow 3 |
97-56-3 |
11160 |
Table 3 – Maximum allowed concentrations of impurities in products for tattoos and PMU
|
Element or compound |
ppm |
ppb |
|
Arsenic (As) |
2 |
|
|
Barium (Ba) |
50 |
|
|
Cadmium (Cd) |
0.2 |
|
|
Cobalt (Co) |
25 |
|
|
Chromium (Cr) (VI)[25] |
0.2 |
|
|
Copper (Cu) soluble[26] |
25 |
|
|
Mercury (Hg) |
0.2 |
|
|
Nickel (Ni)[27] |
As low as technically achievable |
|
|
Lead (Pb) |
2 |
|
|
Selenium (Se) |
2 |
|
|
Antimony (Sb) |
2 |
|
Tin (Sn) |
50 |
|
|
Zinc (Zn) |
50 |
|
|
Policyclic aromatic hydrocarbons (PAH) |
0.5 |
|
|
Benzene-a-pyrene (BaP) |
5 |
Tables 4.a-c – Methods which can serve as models for harmonising test methods
1. Summary of the method provided by the Dutch Food and Consumer Product Safety Authority
Table 4.a – Determination of aromatic amines in tattoos and permanent make-up using GC-MS (SIG01-ND428)
|
1. Principle |
This procedure describes a method[28] for determination of aromatic amines in tattoo and permanent make-up. It is derived from method EN 14362-1 for textile products. The method is validated for aniline, o-toluidine, o-anisidine, p-chloraniline, 4-chloro-o-toluidine, 2,4-diaminotoluene, 2-naphtylamine, 2-amino-4-nitrotoluene and 3,3’-dichloro-benzidine. Azo-dyes are characterised by a structure containing an azo-unit (-N=N-) which splits off aromatic amines. In this method, azo-dyes are reduced to release primary aromatic amines using sodium dithionite. The aromatic amines are then extracted with t-butylmethylether and analysed with GC-MS. |
|
2. Operating procedures |
|
|
2.1. Preparation |
Tattoo colorants and PMUs: homogenise the sample by shaking or mixing with a spatula. |
|
2.2. Extraction |
Weigh 500 mg sample in a tube. Add 5 ml dithionite solution (5%) in phosphate buffer. Mix with a vortex mixer for 20 seconds. Place the tubes in a water bath at 70°C for 90 minutes. After 30 minutes, mix the solution again with a vortex mixer. Cool the solution to room temperature. Add 5 ml internal standard solution. Mix the extract for 20 seconds with a vortex mixer. Centrifuge the tube at 2 500 g for 15 minutes. Filtrate the upper layer using a microfilter and put the extract in a vial. |
|
2.3. Screening and quantification |
Perform a screening with GC-MS by comparing the spectra of the peaks in the extract with a library. Positive samples are quantified in SIM-mode using calibration standards. For calculation an internal standard is used. |
|
3. Validation |
|
|
Overview of validation data |
See Analysis of aromatic amines in tattoos and permanent make-up by GC-MS in Table 4.b. |
Table 4.b – Analysis of aromatic amines in tattoos and PMU by GC-MS (Matrix: tattoo products)
|
Component |
Aniline |
o-anisidine |
4-chloro-o-toluidine |
2,4-diamino-toluene |
2-naphtyl-amine |
2-amino-nitro-toluene |
3,3’-dichlor-benzidine |
o-toluidine |
p-chlor-aniline |
Benzidine |
|
CDetection limit (mg/kg) |
1.5 |
1.8 |
2.5 |
1.6 |
2.6 |
1.7 |
1.4 |
0.9 |
2.0 |
1.5 |
|
CDetermination limit (mg/kg) |
3.0 |
3.6 |
5.0 |
3.2 |
5.2 |
3.4 |
2.8 |
1.8 |
4.0 |
3.0 |
|
Working range of the method (mg/kg) |
0-250 |
0-250 |
0-250 |
0-250 |
0-250 |
0-250 |
0-250 |
0-250 |
0-250 |
50-750 |
|
Recovery (%) |
97.5 |
96.4 |
108.5 |
65 |
114.2 |
101.1 |
100.8 |
102.0 |
111.1 |
91.6 |
|
RSDr within working range (n=--) |
5.2 |
5.8 |
9.1 |
3.5 |
5.6 |
5.6 |
4 6 |
3 1 |
7.5 |
9.4 |
2. Summary of the method provided by the Swiss Federal Office of Public Health
included in the report on analysis of tattoo and PMU inks collected on the Swiss market in 2005
Table 4.c – Determination of aromatic amines in tattoos and PMU with LC/MS
|
1. Principle |
The method is based on EN 71-7:2002.[29] The azo-compounds are reduced to release primary aromatic amines using sodium dithionite. |
|
2. Operating procedures |
|
|
2.1. Sample preparation for aromatic amines as impurities |
50 µl of tattoo ink are weighed into a HPLC vial. 1 ml of 0.07 M hydrochloric acid are added and the solution vortexed thoroughly for one minute. The sample solution is then sonicated for 15 minutes in an ultrasonic bath at room temperature and filtered through a 0.2 µm syringe filter into an HPLC glass vial. 5 µl of this solution are injected. |
|
2.2. Sample preparation for aromatic amines after reductive cleavage |
Reductive cleavage is performed according to EN 71-7:200211 with sodium dithionite. Instead of 1 g of sample, only 50 mg are used. Amounts of reagents are adapted proportionally. After reductive cleavage, samples are diluted with methanol and sonicated for 15 minutes. Afterwards extracts are filtered through a 0.2 µm syringe filter and 2 µl are injected without further clean-up. |
|
2.3. HPLC analysis |
For aromatic amines: HPLC/MS analysis is performed according to note.11 |
|
3. Additional information |
Additional information is included in Hauri et al., 2005.[30] |
Appendix 14
(Item 8.2)
Terms of reference of the Ad hoc European Committee for the World Anti-Doping Agency (CAHAMA)
Fact Sheet
|
Name of Committee: |
Ad hoc European Committee for the World Anti-Doping Agency (CAHAMA) |
|
Compliance with Resolution Res(2005)47: |
No. |
|
Programme of Activities: Project(s) |
2004/DG4/187 Anti-Doping Convention: Engaging in the combat against doping |
|
Project relevance : |
1. Chapter III of the Third Summit Action Plan: Building a More Humane and Inclusive Europe, in particular Section 3.7 “Promoting sport”; |
|
Project added value : |
The CAHAMA is the appropriate body where senior officials from European states can prepare European positions on political issues to be decided in WADA governing bodies, in the light of the unique technical expertise of the Monitoring Group of the Anti-Doping Convention. It is the only pan-European Forum and its geographical scope fits quite precisely with the European Olympic region, used within WADA. Therefore, the designation of European candidates to the Foundation Board and the sharing of European governmental contributions to the WADA budget, decisions taken by the Committee of Ministers, can be prepared by an expert committee. The CAHAMA working processes allow every European country to have access to the information and news related to the governance of WADA and to play a role in the decision-making processes with general discussions and position on the items of the WADA Foundation Board agenda. The CAHAMA also ensures that the expectations of all European countries are represented by European members of the Foundation Board. The CAHAMA provides in particular a tool for the preparation of designation of candidates to the Foundation Board and the Executive Committee, but also to working committees of WADA. |
|
Financial information: |
Annual budget: 2 ordinary meetings and 1 extraordinary meeting: € 12 000 Recharged services: € 10 000 (translations, interpretation, documents) |
Terms of reference of the Ad hoc European Committee for the World Anti-Doping Agency (CAHAMA)
|
1. |
Name of Committee: |
Ad hoc European Committee for the World Anti-Doping Agency (CAHAMA) |
|
2. |
Type of Committee: |
Ad hoc Committee of Experts |
|
3. |
Source of terms of reference: |
Committee of Ministers |
|
4. i. ii. iii. iv. 5. 5.A i. 5.B i. 5.C i. ii. iii. D. i. 6. 7. |
Terms of reference: Under the authority of the Committee of Ministers and in the framework of the European Cultural Convention, having regard to the Declaration and the Action Plan adopted at the Third Summit of the Heads of State and Government and within the framework of the Programme of Activities (Project 2004/DG4/187), the CAHAMA shall be responsible for the co-ordination of the positions of all Parties to the European Cultural Convention, with regard to questions relating to the World Anti-Doping Agency (WADA). In particular, the CAHAMA shall: discuss questions concerning the relations between the Council of Europe and its member states and the World Anti-Doping Agency (WADA), and prepare, whenever possible, a common position on such questions. In particular, the CAHAMA shall draft a position paper which should serve as a guideline for common action of Council of Europe member states at the next meetings of WADA, with a view to improve European co-ordination (CAHAMA-Co-operation); prepare opinions for the Council of Europe-appointed members on the WADA Foundation Board on such questions, including budgetary aspects; keep under review the general terms of reference of WADA Foundation Board members and WADA Executive Committee member appointed by the Council of Europe; regularly get reports from Europe appointed members of the WADA Foundation Board and Executive Committee. Membership of the Committee: Members Each State Party to the Convention shall nominate as member delegate to the CAHAMA a high-ranking official from the national ministry or relevant public authority responsible for anti-doping policies in sport. Each State Party to the European Cultural Convention shall have one vote. Participants The Parliamentary Assembly may be represented at meetings of the CAHAMA. Other participants Each State Party may appoint national governmental or non-governmental experts to participate in the CAHAMA. The representatives of the Europe region to the WADA Foundation Board and Executive Committee will regularly participate in meetings of the CAHAMA. The European Commission will be invited to be represented to meetings of the CAHAMA. Observers The CAHAMA may invite the World Anti-Doping Agency (WADA) to be represented at some of its meetings. Working structures and methods: Ordinary meetings of the CAHAMA will be convened immediately before or after the meetings of the Monitoring Group of the Anti-Doping Convention and, where possible, at least one week before the ordinary meetings of the WADA Foundation Board and Executive Committee. The Secretary General may convene additional meetings. The CAHAMA adopts its own rules of procedure. Only members shall have the right to vote. Members,[31] participants, other participants and observers to the CAHAMA will bear their own travel and subsistence expenses. Duration: These terms of reference shall be reviewed before 31 December 2010. |
|
Appendix 15
(Item 9.1)
Resolution CM/Res(2008)3
on the rules governing the Landscape Award of the Council of Europe
(Adopted by the Committee of Ministers on 20 February 2008
at the 1018th meeting of the Ministers’ Deputies)
The Committee of Ministers,
Recalling that Article 11 of the European Landscape Convention (ETS No. 176) (hereinafter “the Convention”), adopted by the Committee of Ministers of the Council of Europe on 19 July 2000 and opened for signature in Florence on 20 October 2000, institutes the Landscape Award of the Council of Europe (hereinafter “the award”);
Bearing in mind that this article provides that the Committee of Ministers shall define and publish the criteria for conferring the award, adopt the relevant rules and grant the award;
Bearing in mind that the award’s purpose is to reward exemplary practical initiatives for the achievement of landscape quality objectives on the territories of parties to the Convention (hereinafter “the Parties”);
Considering that the award is in keeping with the work done by the Council of Europe in favour of human rights, democracy and sustainable development and that it promotes the territorial dimension of human rights and democracy by acknowledging the importance of measures taken to improve the landscape features of people’s living conditions;
Convinced that the award is intended to heighten civil society’s awareness of the value of landscapes, of their role and of changes to them,
Resolves as follows:
I. The rules governing the Landscape Award of the Council of Europe are adopted as set out in the appendix to this resolution.
II. The criteria for awarding the Landscape Award of the Council of Europe are appended to these rules.
III. The Parties are invited to translate into their national language(s) and promote the rules governing the Landscape Award of the Council of Europe. They are also requested to encourage media coverage of the award so as to raise public awareness of the importance of landscapes.
Appendix to Resolution CM/Res(2008)3
Rules governing the Landscape Award of the Council of Europe
Article 1 – Aim
a. The award is an honorary distinction which acknowledges a policy or measures implemented by local or regional authorities or their groupings, or particularly remarkable contributions by non-governmental organisations, for sustainable protection, management and/or planning of landscapes. It takes the form of a diploma. Special mentions may also be awarded.
b. The award rewards a process of implementation of the Convention at national or transnational levels resulting in an effective, measurable achievement.
c. The award also helps to make people more aware of the importance of landscapes for human development, consolidation of the European identity and the well-being of individuals and society as a whole. It fosters public participation in the decision-making process concerning landscape policies.
Article 2 – Qualification of candidates
In accordance with Article 11, paragraph 1, of the Convention, the following may be candidates for the award: local or regional authorities and their groupings that have instituted, as part of the landscape policy of a party to this Convention, a policy or measures to protect, manage and/or plan their landscape, which have proved lastingly effective and can thus serve as an example to other territorial authorities in Europe. Non-governmental organisations having made particularly remarkable contributions to landscape protection, management or planning may also be candidates.
In accordance with paragraph 2 of the above-mentioned article, transfrontier local or regional authorities and groupings of local and regional authorities concerned may be candidates, provided that they jointly manage the landscape in question.
Article 3 – Procedure
The procedure consists of three stages:
Stage 1 – Submission of candidatures
Each Party may submit one candidature to the Secretariat General of the Council of Europe. The candidature may be the result of a competition held by each Party taking into account the award criteria appended to these rules.
The application file, in one of the official languages of the Council of Europe (French or English), shall include:
- a presentation of the candidate (not more than three pages long);
- the description of a completed project for the protection, management and/or planning of a landscape, which has proved lastingly effective and can serve as an example. Mention shall be made of the convention provision concerned.
The description shall take the form of a paper document, approximately 20 pages long, accompanied by a
digital copy in PDF format on CD-Rom and posters. The file may also include a video presentation lasting approximately five minutes. The materials submitted must be copyright-free for use by the Council of Europe in communications aimed at promoting the award or any other publications or activities relating to the Convention. The Council of Europe undertakes to cite the authors’ names.
Files that are incomplete or fail to comply with the rules will not be taken into consideration.
The award is in principle conferred every two years. The files presenting candidatures must reach the Secretariat General of the Council of Europe by no later than 31 December of the year preceding the year of award.
Stage 2 – Consideration of candidatures
An international jury set up as a subordinate body of the committees of experts referred to in Article 10 of the Convention[32] shall determine whether candidatures are admissible. The jury is composed of:
- one member of (each of) the committee(s) of experts responsible for monitoring the Convention, appointed by the committee(s) concerned;
- one member of the Congress of Local and Regional Authorities of the Council of Europe, appointed by the Congress;
- one representative of an international non-governmental organisation, appointed by the Secretary General on the proposal of the Grouping of INGOs enjoying participatory status with the Council of Europe;
- three eminent specialists on landscape, appointed by the Secretary General of the Council of Europe.
The jury appoints a president.
The jury proposes the award winner from among the candidates admitted.
The proposals of the jury are taken by an absolute majority for the first two rounds of voting, and by a relative majority for the following round, based on the criteria set out in the appendix to these rules, stating the reasons for its choice. In case of equal votes, the vote of the president of the jury is decisive.
The reasons for the choice are explained.
The jury can propose to attribute one or more special mentions.
The committees of experts referred to in Article 10 of the Convention1 examine the proposals of the jury and forward their proposals concerning the award winner, and, wherever appropriate, special mentions, to the Committee of Ministers.
Stage 3 – Granting and presentation of the award and the special mentions
In the light of the proposals of the committees of experts referred to in Article 10 of the Convention1, the Committee of Ministers shall grant the award and any special mentions.
The award and the special mentions shall be presented by the Secretary General of the Council of Europe or his/her representative at a public ceremony.
Appendix to the rules
Criteria for conferring the Landscape Award of the Council of Europe
Criterion 1 – Sustainable territorial development
The completed projects submitted must give tangible form to the protection, management and/or planning of landscapes. This means that the projects must have been completed and open to the public at least three years, when the candidatures were submitted.
They must also:
- be part of a sustainable development policy and be in harmony with the territorial organisation of the area concerned;
- demonstrate their environmental, social, economic, cultural and aesthetic sustainability;
- counter or remedy any damage to landscape structures;
- help enhance and enrich the landscape and develop new qualities.
Criterion 2 – Exemplary value
The implementation of the policy or measures that have helped to improve the protection, management and/or planning of the landscapes concerned must set an example of good practice for others to follow.
Criterion 3 – Public participation
The policy or measures implemented with a view to the protection, management and/or planning of the landscapes concerned should involve the active participation of the public, local and regional authorities and other players and should clearly reflect the landscape quality objectives.
The public should be able to participate simultaneously in two ways:
- through dialogue and exchanges between members of society (public meetings, debates, procedures for participation and consultation in the field, for example);
- through procedures for public participation and involvement in landscape policies implemented by national, regional or local authorities.
Criterion 4 – Awareness-raising
Article 6.A of the Convention provides that “each Party undertakes to increase awareness among civil society, private organisations and public authorities of the value of landscapes, their role and changes to them”. Action along these lines taken as part of the completed project concerned will be assessed.
Appendix 16
(Item 9.2)
Resolution CM/ResDip(2008)1
on the revised regulations for the European Diploma for Protected Areas
(Adopted by the Committee of Ministers on 20 February 2008
at the 1018th meeting of the Ministers’ Deputies)
The Committee of Ministers,
Having regard to Resolution (65) 6 of 6 March 1965, instituting the European Diploma for certain landscapes, reserves and protected natural features;
Having regard to Resolution (73) 4 of 19 January 1973 on the Regulations for the European Diploma;
Having regard to Resolutions (88) 39 of 5 December 1988 and (89) 12 of 19 June 1989 amending Resolution (73) 4 on the Regulations for the European Diploma;
Having regard to Resolution (91) 16 of 17 June 1991 on the Regulations for the European Diploma;
Taking account of the experience gained since the 1991 regulations were introduced,
Adopts the revised regulations for the European Diploma for Protected Areas, as set out below and the appendices thereto.
Regulations
Article 1 ─ Purpose
1. The European Diploma for Protected Areas (the “Diploma”) may be awarded for adequately protected natural or semi-natural areas of exceptional European interest from the point of view of conservation of biological, geological or landscape diversity and which are managed in an exemplary way. It is awarded to them by virtue of their scientific, cultural or aesthetic interest if they have an appropriate protection system, eventually also in conjunction with programmes of action for sustainable development. The Diploma represents an important contribution to the Pan-European Ecological Network.
2. The Diploma may be awarded to natural areas situated in European states which are not members of the Council of Europe, under the same conditions and in accordance with the same procedures as apply to member states.
3. In the case of transfrontier areas, a sole Diploma shall only be granted with the consent of all the states concerned.
4. The effect of the Diploma shall be to place the area under the supervision of the Council of Europe. The Diploma shall be awarded for a period of five years, and shall be renewable for successive ten-year periods.
5. The Diploma shall take the form of a document certifying that sponsorship. It shall be signed by the Secretary General of the Council of Europe, and shall bear the seal of the Council of Europe. It shall be presented to the authorities directly responsible for the management of the national area concerned.
Article 2 ─ Award of the Diploma
The Diploma shall be awarded by the Committee of Ministers on the proposal of the Standing Committee of the Bern Convention (hereinafter the “Committee”), in accordance with the procedure set out in the following articles.
Article 3 ─ Application
1. The government of any European state wishing to apply for the award of the Diploma to an area within its territory shall submit to the Secretariat, in one of the two official languages of the Council of Europe, documents on the area in question, at least three months before the date of the meeting of the competent Council of Europe Group of Specialists (“Group of Specialists”) set up under the terms of Article 4.1 of these regulations. The choice of the applicant area compared with other possible applications in the country must be clearly justified with regard to the interest of the area, it’s representativity in relation to biological and landscape diversity in Europe and the exemplarity of the management.
2. In the case of a transfrontier area for which a sole Diploma is requested, such an application can only be submitted to the Secretariat after approval by all the states concerned.
3. Any government simultaneously submitting several applications shall indicate an order of priority.
4. Any government submitting an application must prove that the area in question is of exceptional European interest. Accordingly, the documents should contain the necessary information to enable the Group of Specialists to ascertain whether the area complies with the relevant criteria established in Appendix 2 to these regulations.
5.a. All applications must meticulously follow the model of the questionnaire reproduced in Appendix 1 to these regulations and must include, in particular, cartographic documents as well as documents describing: the area concerned and its state of conservation; the various human or natural factors liable to have a negative effect on this state of conservation; measures taken to eliminate or minimise the effects of such factors; the system of legal protection applied to the area in question; and any administrative measures implemented.
5.b. Copies of the national laws and regulations and, where appropriate, regional and local acts governing the area for which an application is submitted, and information on supervisory measures actually implemented on the spot must be included with the application. If these documents are drafted in a language other than one of the two official languages of the Council of Europe, a translation in one of the Organisation’s official languages of the essential passages of the laws and regulations governing the area must be provided.
5.c. The protection status of the applicant area must be assessed in a dynamic perspective: as far as the award is concerned, it is necessary to analyse whether the existing protection is sufficient against foreseeable dangers, at least throughout the period of the Diploma’s validity (five years); for its renewal, the reference period is ten years. In both cases, the internal and external threats to the protected area are taken into consideration.
Article 4 ─ Consideration of the application documents
1.a. Applications shall be examined by the Group of Specialists. The latter shall hold annual meetings. It shall examine applications in the order in which full supporting documentation is submitted to the Secretariat. The Secretariat shall ensure that the documentation is complete before submitting it to the Group of Specialists and may, where appropriate, defer its submission pending receipt of additional information.
1.b. Any government submitting one or more applications shall be invited to send a representative, at its own expense, to the appropriate meetings of the Group of Specialists so that he or she may give members all the necessary information.
2. After examining the documentation and hearing the representative of the state concerned, the Group of Specialists shall first of all state whether it considers that the area in question is of exceptional European interest justifying the award of the Diploma. If the European interest has been sufficiently well established, the Group of Specialists shall declare the application admissible and undertake an on‑the-spot expert appraisal (subject to the approval of the government concerned) to enable it to confirm the European interest, assess the efficacy of existing conservation measures as well as the aim of the objectives sought, and obtain any additional information it may need to decide whether to award the Diploma.
3. The appraisal shall be assigned to an independent expert directly appointed by the Secretary General of the Council of Europe. He or she must not be a national of the country in which the assignment is carried out. In order to help the Secretary General choose the expert, the national delegations of the Committee shall, if they so wish, send to the Secretariat the names of experts qualified to carry out such appraisals, stating their specific qualifications and knowledge of foreign languages.
4. During his or her visit the expert shall be accompanied by a member of the Secretariat, who shall guarantee, inter alia, continuity in the assessment of the criteria for obtaining the Diploma.
5. Throughout the independent expert’s visit, one or more person(s) responsible for the area shall be placed at his or her disposal in order to facilitate the task. The expert will also meet local councillors interested in the area, officials from associations and, as appropriate, representatives of socio-economic groups and of the media.
6. Broadly speaking, the expert appraisal shall cover the aspects listed in Appendix 3 to these regulations and any other specific item mentioned by the Group of Specialists during consideration of the application. The Group of Specialists shall draw up specific terms of reference for each case, with which the expert will be required to comply.
7. Expenses incurred by the expert during his or her visit (travel, subsistence, etc.) shall be met by the Council of Europe so as to ensure that the appraisal is completely objective.
8. On-the-spot appraisals shall generally take two days; if necessary, it may be extended.
9. The expert shall submit his or her written report to the Group of Specialists, drafted in one of the two official languages of the Council of Europe, and shall subsequently present it orally at one of the Group’s meetings.
Article 5 ─ Proposals of the Group of Specialists and conclusions of the Committee or its Bureau
1. The Group of Specialists shall hear the expert, take note of any observations from the representative of the state concerned, and then submit its conclusions, accompanied by the expert’s report, to the Committee or its Bureau. It may propose one of the following decisions:
a. that the Diploma be awarded immediately by the Committee of Ministers with or without conditions or recommendations;
b. that, subject to the approval of the Committee or its Bureau, the award of the Diploma be made conditional upon the adoption of additional measures;
c. that the application be deferred pending receipt of further information;
d. that the application be rejected, with reasons given.
2. Applications will not be re-examined between the meeting of the Group of Specialists and the meeting of the Committee or its Bureau. However, the Group of Specialists may make a favourable recommendation in specific cases, provided the government concerned can provide, before the meeting of the Committee, a favourable written response to a request from the Secretariat on a specific point raised by the Group.
3. In each case, the Committee or its Bureau shall inform the Committee of Ministers and the government concerned of the reasons for its conclusions, having regard to the observations made by the Group of Specialists. If it proposes awarding the Diploma, it shall briefly set out the reasons for its decisions, referring notably to the European interest of the area in question and the efficacy of the conservation measures adopted.
4. If the proposal to award the Diploma is conditional on fulfilment of specific conditions or is accompanied by specific recommendations, it can only be granted if the state concerned undertakes during the meeting of the Committee or by any other means in the event of being prevented from attending (written procedure), to comply with such conditions and recommendations.
Article 6 ─ Decision of the Committee of Ministers of the Council of Europe and award of the Diploma
1. Decisions concerning the award of the European Diploma shall be taken by the Committee of Ministers by a two-thirds majority of the votes cast and a majority of the representatives entitled to sit on the Committee.
2. The decision of the Committee of Ministers and the reasons for the award of the Diploma shall be set out in a resolution and recorded in the certificate attesting the award of the Diploma.
3.a. The Diploma shall be presented to the authorities directly responsible for managing the area to which it has been awarded at a ceremony organised either at the Council of Europe or on the site, as soon as possible after the data of the award.
The following persons shall attend:
– the Chair of the Committee of Ministers (or his or her representative);
– the Secretary General (or his or her representative) or the Chair of the Committee (or his or her
representative), who shall present the Diploma;
– the representative of the recipient (governmental or private) body;
– the members of the Committee or its Bureau who are nationals of the state concerned (or their representatives) and, for states which are not members of the Council of Europe, the members of the Council for the Strategy or its Bureau.
3.b. The costs of the ceremony shall be borne by the host state, except those incurred by the representative of the Council of Europe or the Chairman of the Committee (or his or her representative), which shall be met by the Council of Europe.
3.c. A press release shall be issued at the time of the ceremony. The Council of Europe will publish appropriate materials to mark the occasion.
4. The authorities responsible for managing the areas awarded the Diploma use the logo, as it appears in Appendix 4 to these regulations. The logo is used on signposts at the entrances to the areas, in information leaflets on them and in the visitor reception buildings. Regulations on the logo can be found in the graphic design specifications, available from the Secretariat of the Council of Europe. The reasons for the award of the Diploma as recorded in the Diploma itself must also appear on the above-mentioned signposts.
Article 7 ─ Annual reports
1. The authorities directly responsible for managing the area awarded the Diploma shall submit an annual report to the Committee or its Bureau. The report must be based on the model reproduced in Appendix 5 to these regulations. The report must be forwarded to the Secretariat in full by the central authorities of the state concerned, with any comments they may wish to make. It must, inter alia, state what measures have been taken to comply with the conditions and/or recommendations mentioned when the Diploma was awarded or renewed. The first annual report must be submitted in one of the two official languages of the Council of Europe by 30 November of the year following that in which the Committee of Ministers awarded the Diploma. Every annual report reflects the previous period from 1 September to 31 August.
2. The Group of Specialists shall examine the annual reports and may submit an opinion or recommendations to the Committee or its Bureau, which shall be forwarded, through the Committee of Ministers and the central authorities of the state concerned, to the authorities responsible for managing the area awarded the Diploma. The Group may also identify some problems encountered in one Diploma site or common to several Diploma areas and make proposals aimed at remedying them.
3. In the event of failure to comply with the foregoing provisions, the Secretary General may, via the government concerned, invite the persons responsible for managing the Diploma-holding area to provide an adequate explanation.
Article 8 ─ Appraisal in the event of a serious threat or serious damage
1.a. Should there be a serious threat, significant damage to the area or serious difficulties in implementing the conditions attached to the award or renewal of the diploma, the Secretary General may appoint an independent expert to assess whether there is in fact any real danger and to carry out a further appraisal in accordance with the conditions laid down in Article 4 of these regulations. The expert shall be accompanied by a member of the Secretariat.
1.b. The expert’s conclusions shall be examined by the Group of Specialists, which shall submit an opinion to the Committee or its Bureau. The government concerned shall be invited to send a representative to the Group at its own expense.
1.c. Should the danger prove real, the Committee or its Bureau may recommend that the Committee of Ministers request the responsible authorities to take appropriate protective measures within a reasonable time. Where such measures cannot be taken within a reasonable time, or where the damage is irremediable, the Committee or its Bureau shall decide whether or not to recommend to the Committee of Ministers that the Diploma be withdrawn before the end of the period of validity.
2. The decision as to whether to withdraw the Diploma shall be taken by the Committee of Ministers by a two-thirds majority of the votes cast and a majority of the representatives entitled to sit on the Committee. It shall be notified by means of a resolution, and the reasons for such a decision shall be transmitted to the government concerned and the authorities responsible for managing the area.
Article 9 ─ Extension of the period of validity of the Diploma
1. During the fifth year, unless the state concerned decides otherwise, the Committee or its Bureau shall consider extending the validity of the Diploma for a further ten-year period in the light, in particular, of the annual reports.
2. To this end, the Secretary General of the Council of Europe shall appoint an independent expert to carry out a fresh appraisal, particular attention being paid to information provided every year in the annual reports. The new appraisal is aimed at taking stock of the state and development of the area, having regard to the conditions and/or recommendations formulated previously, and proposing, as appropriate, new measures for the coming period. The working conditions for this expert shall be the same as those laid down for the expert who carried out the appraisal for the award of the Diploma. The expert will be accompanied by a member of the Secretariat if renewal raises any particular problems; otherwise the visit shall be made by the expert alone.
3. The independent expert’s terms of reference shall be drawn up by the Group of Specialists. They shall take account, in particular, of the progress of action taken to comply with the conditions and/or recommendations in the resolution awarding the Diploma or the resolution renewing it on the previous occasion, and of the comments by the Group of Specialists and those set out in the annual reports.
4. The government concerned shall be invited to send a representative, at its own expense, to the meeting of the Group of Specialists, when the discussion on the renewal of the Diploma takes place.
5.a. After examining the expert’s report and the findings of the Group of Specialists, the Committee or its Bureau will propose one of the following options to the Committee of Ministers:
– to extend the period of validity of the Diploma;
– not to renew the Diploma before certain conditions are met;
– not to extend the period of validity, which shall be tantamount to withdrawing the Diploma, in which case the Committee of Ministers shall inform the authorities directly responsible for the area concerned of the reasons for its decision, through the government.
5.b. If the Diploma is not renewed or its period of validity extended, the authorities responsible shall be requested to keep the Committee or its Bureau regularly informed of developments in the situation.
6. The decision concerning the renewal of the Diploma shall be taken by the Committee of Ministers by a two-thirds majority of the votes cast and a majority of the representatives entitled to sit on the Committee. It shall be the subject of a resolution.
7. After the first renewal, the Diploma will be automatically renewed every ten years, without any prior appraisal, except where there is an express request from the government of the country concerned or in the case of a recognised threat to the area.
+ There were no decisions under this item.
[1] See also document CM/AS(2008)Rec1735-final.
[2] See also document CM/AS(2008)Rec1799-final.
[11] Recommendation R (84) 3 of the Committee of Ministers on principles on television advertising.
[12] Recommendation R (84) 17 of the Committee of Ministers on equality between women and men in the media.
[13] PACE Resolution 1557 (2007) on the image of women in advertising, paragraph 12.4.
[14]Idem, paragraph 12.5.1.
[15]Idem, paragraph 12.5.3.
[16]Idem, paragraph 12.5.4.
[29] EN 71-7:2002 Safety of toys – Part 7: Finger paints – requirements and test methods.
[31] In dispensation of Article i. of Appendix 2 to Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods.