- 1 - CM/Del/Dec(98)616
616th meeting - 21 January 1998
The 616th meeting (A level) of the Ministers' Deputies opened on 21 January 1998 at 10am under the chairmanship of Mr. J. Dohmes, Deputy for the Federal Minister for Foreign Affairs of Germany.
PRESENT
ALBANIA
Mr F. Andrea
Mr V. Hebibasi
ANDORRA
Mr J. Tomas Roca
Miss P. Quillacq
AUSTRIA
Mr J. Fröhlich
BELGIUM
Mr B. Charlier
BULGARIA
Mr M. Raykov
CROATIA
Mr V. Matek
Ms N. Rajakovic
CYPRUS
Mrs Th. Petrides
Mr C. Miltiades
CZECH REPUBLIC
Mr J. Malenovský
Mr J. Pavlíček
DENMARK
Mr A. Belling
Mr E. Hedegaard
ESTONIA
Mrs K. Jaani
Mrs E-K. Kala
CM/Del/Dec(98)616 - 2 -
FINLAND
Mrs T. Turunen
Mrs S. From
FRANCE
Mr J. Warin
Mrs J. Caballero-Kolbenstetter
Mr V. Muller
Miss A. Trichon
Mrs M. Hervieux
GERMANY
Mr J. Dohmes, Chairman
Mr P. Schönberg
Mr T. Schneider
Mr T. Gerlach
Mr. C.-D. Jendreyzik
GREECE
Mr D. Constas, Vice-Chairman
Mr S. Theocharopoulos
Mr G. Ayfantis
HUNGARY
Mr G. Braun
Mrs A. Nagy
ICELAND
Mr S.A. Björnsson
IRELAND
Mr P Walshe
ITALY
Mr P. Pucci di Benisichi
Mrs P. Bertini Malgarini
Mr G. La Barca
LATVIA
Mr A. Teikmanis
LIECHTENSTEIN
Mr J. Wolf
Mr F. Marxer
LITHUANIA
Mr A. Namavičius
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LUXEMBOURG
Mrs A. Conzemius-Paccoud
MALTA
-
MOLDOVA
Mr A. Codreanu
NETHERLANDS
Mr K. Hoogendoorn
NORWAY
Mr S.F. Lundbo
Mr K. Paus
POLAND
Mr M. Rybicki
Mr M. Luczka
Ms R. Kowalska
PORTUGAL
Mr Á.M. Soares Guerra
Mr J.P. de Matos Sequiera Berberan e Santos
Mr C.M. Velloso da Costa
ROMANIA
Mr S. Pop
Mr G. Magheru
Mr V. Crecea
Mr C. Alecse
Mr L. Ion
Mr T. Corlatean
RUSSIAN
FEDERATION
Mr E. Prokhorov
Mr M. Entin
Mr A. Popykine
SAN MARINO
Mr G. Ceccoli
Mme L. Bologna
SLOVAK REPUBLIC
Mrs V. Strážnická
Mrs E. Ponomarenkova
Mrs M. Mikušová
CM/Del/Dec(98)616 - 4 -
SLOVENIA
Mrs M. Tovornik
Mr M. Pogačnik
Miss M. Tovšak
SPAIN
Mr G. Kirkpatrick
Mr A. Abellán
SWEDEN
Mr H. Wilkens
Mrs M.A. Ramsay
Mrs T. Hyden
SWITZERLAND
Mr A. Rüegg
Mr A. Guidetti
"THE FORMER
YUGOSLAV REPUBLIC
OF MACEDONIA"
Mr J. Ivanovski
TURKEY
Mr R. Türmen
Mr E. Enç
Mr B. Karadeniz
Mrs İ. Atak
UKRAINE
Mr Y. Perelygin
Mr O. Ovcharov
Mr I. Mysyk
Mrs L. Myronenko
UNITED KINGDOM
Mr A. Carter
Mrs H. Taylor
*
* *
EUROPEAN
COMMISSION
Mr A. Viñas
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616th meeting – 21 January 1998
Item 1.1
1.1
The Deputies adopted the agenda of their 616th meeting (21(10am) January 1998, A level), as it appears at Appendix 1 to the present volume of Decisions.
616th meeting - 21 January 1998
Item 1.2
1.2
PREPARATION OF FORTHCOMING MEETINGS
The Deputies
1. decided to start their 636th meeting (A level) on 18-19 June 1998 at 3pm;
2. recalled that the following items would be added to the agendas of their meetings in February 1998:
617th meeting (A level) - 3(10am)-5 February 1998
- European Social Charter – 13th cycle of supervision of the application of the Charter (fourth part – 1993-1994)
- Current political questions
- Situation in Albania
- European Court of Human Rights - Nomination of Candidates for the Election of Judges
620th meeting (B level) - 12(10am) February 1998
- Steering Committee on Local and Regional Authorities (CDLR) – Abridged report of the 20th meeting (Strasbourg, 26-28 November 1997)
CM/Del/Dec(98)616 - 6 -
621st meeting (A level) - 18(10am)-19 February 1998
- Budget committee - Rules of procedure
616th meeting – 21 January 1998
Item 2.3
2.3
THE STATE OF LOCAL SELF-GOVERNMENT
AND FEDERALISM IN THE RUSSIAN FEDERATION
Draft reply to CLRAE Recommendation 30 (1997)
(CM/Del/Dec(98)614/2.1a, GREL(98)3 and 4)
The Deputies adopted the following reply to Recommendation 30 (1997) of the Congress of Local and Regional Authorities of Europe on the state of local self-government and federalism in the Russian Federation:
“The Committee of Ministers, called upon by CLRAE Recommendation 30 (1997) on the state of local self-government and federalism in the Russian Federation to focus Project RUS II (“the functioning of local government and the training of local elected representatives”) of the Joint Programme between the European Commission and the Council of Europe for the Russian Federation on a certain number of priorities, recalls that the Joint Programme is a common undertaking between three partners: the Council of Europe, the European Commission and the competent Russian authorities; any decision concerning the content of the Programme and its modalities of implementation requires the agreement of the three parties concerned. For this purpose a Programme Steering Committee has been established with the participation of all competent institutions.
Concerning the specific requests included in relevant paragraph (No. 7) of the Recommendation, the Committee would reply as follows:
(i) Expertise on draft laws in relation to the principles set up by the European Charter of Local Self-Government: the proposals submitted to the European Commission for a third stage of the Joint Programme for Russia include the formation of working groups of experts for the appraisal of legislation concerning the organisational principles of municipal services in the Russian Federation and the status and responsibilities of local self-government members and staff, as well as the examination of the problems relating to the ratification of the European Charter for Local Self-Government. The competent Russian partners for these activities are the Council of the Federation, the Committee on Local Government of the State Duma, and the Presidential Council for Local Self-Government;
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(ii) Exchange of and dissemination on legislation concerning local self-government and activities of the constitutional and administrative supervisory mechanisms in different geographical areas in Russia: the Joint Programme does not foresee the setting up of centres of information specifically devoted to local government in different regions of Russia, as requested by the CLRAE. However, the Moscow based Information and Documentation Centre on the Council of Europe and the two regional centres to be created in Yekaterinburg and Saratov (on the basis of existing Human Rights libraries) contribute to the documentation and information on the Council of Europe activities in the fields of local government and constitutional matters dealing with the functioning of federalism in Russia. In addition, it should be noted that most activities developed within the context of Part A of the Joint Programme (Constitutional arrangements and institution building) which includes Project RUS I (helping to improve the functioning of effective federal structures) and RUS II are taking place in different parts of the territory of the Russian Federation; the various seminars and conferences organised in these regions play a useful role in the dissemination of information on these issues;
(iii) Support for the training of staff (both municipal and regional staff and elected representatives): part B of Project RUS II is specifically devoted to the question of training of staff. It consists of a training programme for municipal managers and elected local authorities on the theme “effective management of local public services having regard to the need for openness, the strategic function and the criterion of efficiency in local government decision-making”. Subject to the agreement of all parties and the availability of resources this programme will include meetings of working groups to prepare a strategy for training, elaboration and publication of training material, courses and training sessions. This programme will be implemented in close co-operation with the European Network of Training Organisations for Local and Regional Authorities (ENTO) and should result in the setting up of training institutions and programmes in Russia ;
(iv) Establishment of a permanent unit in Russia, providing information and advice on local and regional government: the setting up of such a specialised information unit on local and regional government is not foreseen in the present co-operation programmes. However, as was indicated under (ii) the existing Centre in Moscow and the regional Centres to be created in Yekaterinburg and Saratov could be useful in the development of information activities in the field of local and regional government. This question could be examined further in the framework of the discussions on the reform of structures within the Council of Europe.”
CM/Del/Dec(98)616 - 8 -
616th meeting – 21 January 1998
Item 4.1
4.1
EUROPEAN SOCIAL CHARTER
13th cycle of supervision of the application
of the Charter (fourth part – 1993-94)
(13th Report (IV) of the Meeting Governmental Committee (CM(97)209),
Conclusions XIII-4 of the Committee of Independent Experts
(Addendum to CM(97)209)
Decision
The Representatives on the Committee of Ministers of the Contracting Parties to the European Social Charter[1] agreed to resume consideration of this item at the 617th meeting of the Deputies (3-5 February, 1998, A level).
616th meeting - 21 January 1998
Item 4.2
4.2
STEERING COMMITTEE FOR EQUALITY
BETWEEN WOMEN AND MEN
(CDEG)
Abridged report of the 15th meeting
(Istanbul, 12-13 November 1997)
(CM (97) 202)
Decision
The Deputies took note of the abridged report of the 15th meeting of the CDEG, as it appears in document CM(97)202.
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616th meeting – 21 January 1998
Item 4.3
4.3
4th EUROPEAN MINISTERIAL CONFERENCE ON
EQUALITY BETWEEN WOMEN AND MEN
(Istanbul, 13-14 November 1997)
Report by the Secretary General
(CM(97)203 and corrigendum (English only)
CM (97)203 revised (French only)
Decisions
The Deputies
1. took note of the “Declaration on equality between women and men as a fundamental criterion of democracy” and the appended multidisciplinary Strategies aiming at promoting equality as a fundamental criterion of democracy and decided to transmit this Declaration to the Steering Committee for equality between women and men (CDEG) with a view to follow-up in the framework of the work programme of the CDEG;
2. instructed their Rapporteur Group on Equality between Women and Men, in consultation with the Rapporteur Group on Education, Culture and Sport, to consider the proposal to set up a Joint Group of Specialists of the CDEG and the CC-ED;
3. invited their Rapporteur Group on Equality between Women and Men to examine the proposal concerning the promotion of the mainstreaming of a gender perspective in all Council of Europe's bodies and activities in the context of its examination of the "Draft message to Committees of the Council of Europe on how to mainstream the gender equality perspective into all programmes and activities of the Council of Europe" (c.f. decisions taken by the Deputies at their 609bis meeting, item 4.2, in November 1997);
4. agreed to consider the proposal that the achievement of equality between women and men should become a part of the monitoring of member States fulfilment of their democratic obligations at their 619th meeting in February 1998;
5. invited the Secretary General to consider possible follow-up to be given to the recommendations contained in the Declaration relating to gender balanced representation within the Secretariat;
6. took note of the "Statement on equality between women and men in the context of the 50th anniversary of the Council of Europe" and agreed to transmit it to the CDEG with a view to submitting proposals for consideration by the GR-EG and, subsequently, by the Deputies;
CM/Del/Dec(98)616 - 10 -
7. agreed to forward the Secretary General's report of the 4th European Ministerial Conference on Equality between Women and Men to the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe as well as to all Steering committees for information;
8. took note of the invitation by "the Former Yugoslav Republic of Macedonia" to host the 5th European Ministerial Conference on Equality between Women and Men;
9. taking account of points 1 to 8, took note of the Secretary General's report of the 4th European Ministerial Conference on Equality between Women and Men as a whole.
616th meeting - 21 January 1998
Item 4.4
4.4
EUROPEAN COMMISSION
AGAINST RACISM AND INTOLERANCE
(ECRI)
Abridged report of the 13th meeting
(Strasbourg, 25-28 November 1997)
(CM/Del/Dec(97)598/4.3, CM(97)213 and Addendum)
Decisions
The Deputies
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616th meeting – 21 January 1998
Item 10.1a
10.1
EUROPEAN COMMITTEE ON LEGAL CO-OPERATION (CDCJ)
a.
Abridged report of the 68th meeting
(Strasbourg, 25-28 November 1997)
(CM (97) 205, CM/Del/Dec(97)595-3.1, CM/Del/Dec(97)592-3.1a)
Decisions
The Deputies
1. approved the revised terms of reference of the Committee of Experts on Family Law (CJ‑FA) as set out in Appendix III to document CM(97)205;
2. approved the change of name of the Group of Specialists on Incapable and other Vulnerable Adults (CJ-S-MI) to the Group of Specialists on Incapable Adults (CJ-S-MI);
3. took note of the opinion of the CDCJ on sub-paragraphs ii. and v. of paragraph 6 of Recommendation 1325 (1997) of the Parliamentary Assembly on traffic in women and forced prostitution in Council of Europe member States, noted that the CDCJ had completed the ad hoc terms of reference assigned to it (Decision NoCM/666/140597) and agreed to resume consideration of this matter with a view to preparing a draft reply to the Parliamentary Assembly at a future meeting of the Deputies, in the light of the other opinions requested;
4. took note of the opinion of the CDCJ on Recommendation 1331 (1997) of the Parliamentary Assembly on establishing international standards for assessing the environmental impact of industrial enterprises, noted that the CDCJ had completed the ad hoc terms of reference assigned to it (Decision NoCM/679/120697) and adopted the following draft reply:
"The Committee of Ministers has carefully examined Recommendation 1331 (1997) of the Parliamentary Assembly on establishing international standards for assessing the environmental impact of industrial enterprises.
a. The Committee of Ministers agrees with the Parliamentary Assembly that direct or indirect pressures placed on the environment by polluters make it advisable to introduce voluntary standards which, combined with compulsory mechanisms, could serve to promote both sustainable development and industrial performance.
CM/Del/Dec(98)616 - 12 -
b. Like the Parliamentary Assembly, the Committee of Ministers welcomes the steps taken by the European Union in this regard and therefore emphasises the desirability of close co-operation with the European Union in this field and the necessity of avoiding any unnecessary overlapping of activities.
c. The Committee of Ministers also agrees with the Parliamentary Assembly that the encouragement of proper environmental management measures, both voluntary and compulsory, in central and eastern European countries is a key aspect of their transition.
d. It also agrees that the harmonisation of environmental legislation, which should be achieved in stages, is important to avoid unfair competition (ecological dumping) and negative impacts on economic development and environmental conditions in Europe.
e. The Committee of Ministers agrees that a major component of this harmonisation of legislation is the adoption of binding international instruments such as the Convention on Environmental Impact Assessment in a Transboundary Context, the Convention on the Conservation of European Wildlife and Natural Habitats, and the Convention on Civil Liability for Damage resulting from activities dangerous to the Environment.
f. Consequently, within the context of the Parliamentary Assembly's Recommendation, awareness-raising, information and training measures could be provided for the economic sectors of countries outside the Community and especially those of central and eastern Europe. This could encourage the use of voluntary measures alongside compulsory mechanisms to help institute a system of environmental management by companies.
g. There is a significant role for a Demo Droit activity, for example in the form of a multilateral seminar aimed at the countries of central and eastern Europe and presenting examples of best practice such as voluntary environmental management measures in Europe. In this respect, the European Committee on legal co-operation (CDCJ) has proposed that such a seminar could be convened in early 1999.
h. With regard to paragraph 22.ii.a of the same Recommendation, the Committee of Ministers is of the opinion that it would be useful for European Union experts and programmes to facilitate the future inclusion of central and eastern European countries in the Community Environmental Management and Audit Schemes. The CDCJ would co-operate with the European Union in presenting these Schemes as examples of European best practice at the aforementioned seminar.
i. With regard to paragraph 22.ii.b of this Recommendation, the Committee of Ministers is of the opinion that, as the Recommendation specifically mentions the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention), it would be preferable for the Secretariat of that Convention, the United Nations Economic Commission for Europe, and the United Nations Environment Programme to continue their work in order to
- 13 - CM/Del/Dec(98)616
achieve optimal application of the agreement. The Committee of Ministers also acknowledges the work being undertaken by the European Bank for Reconstruction and Development, the World Bank, the Regional Environment Centre, and the European Union in providing training in environmental assessment in central and eastern Europe. The Committee of Ministers recommends co-operating with these ongoing activities in the presentation of best practice examples of voluntary mechanisms for environmental management in Europe at the proposed multilateral seminar."
5. took note of the CDCJ report in its entirety.
616th meeting - 21 January 1998
Item 10.1b
10.1
EUROPEAN COMMITTEE ON LEGAL CO-OPERATION (CDCJ)
b.
DRAFT RECOMMENDATION No. R (98) ..
ON FAMILY MEDIATION
Decision
The Deputies adopted Recommendation No. R (98) 1 on family mediation as it appears at Appendix 2 to the present volume of Decisions and authorised the publication of its explanatory memorandum, as set out in document CM(97)205-Add.
CM/Del/Dec(98)616 - 14 -
616th meeting – 21 January 1998
Item 11.1
11.1
ADJUSTMENT OF REMUNERATION OF THE STAFF OF THE CO-
ORDINATED ORGANISATIONS AT 1 JANUARY 1998 -
84TH REPORT OF THE CO-ORDINATING COMMITTEE ON
REMUNERATION (CCR)
(CM/Del/Dec(97)609bis/11.1, CM(97)178, CM(98)3)
Decisions
The Deputies
I.
1. approved the recommendations set out in paragraph 6 of the 84th report of the Co-ordinating Committee on Remuneration (CCR) (CM(98)3), concerning adjustment of remuneration of the staff of the Co-ordinated Organisations, and accordingly;
2. approved, with effect at 1 January 1998, the salary scales resulting from the application of the adjustment indices set out in Annex 2, column 2 of the 84th report, as set out in the tables by country attached to that report, with the exception of the salary scales for B and C grade staff members for Belgium, France and Germany which are replaced by the salary scales set out in Appendix 1 to document CM(98)3;
3. approved, with effect at 1 January 1998, the amounts of allowances expressed in fixed terms, adjusted in accordance with the procedure, set out in Annex 7 to the 84th report;
4. noted that, in pursuance of the 150th report by the Co-ordinating Committee of Government Budget Experts (CCG) dated 4 April 1978 [CCG (78] 4], pensions will be adjusted in the same proportions and at the same date as the salary of staff in relation to which they are calculated;
5. noted that, in accordance with the interpretation given to paragraph 3 of the 34th report by the CCG dated 25 October 1965 [CCG(65)5], at its 77th session on 29 June 1966 [cf. CCG/M(66)6], the salary of auxiliary staff serving in the Council of Europe will be adjusted in the same proportions as that of permanent staff;
6. adopted Resolution (98) 1 on Revision of the Regulations governing Staff Salaries and Allowances, as it appears at Appendix 3 to the present volume of Decisions;
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7. adopted Resolution (98) 2 on the Remuneration of Specially Appointed Officials, as it appears at Appendix 4 to the present volume of Decisions;
8. noted, as indicated in document CM(98)3, that the provisions for staff salary and adjustments in the various 1998 budgets were insufficient to finance fully the pay adjustment and noted that the Secretariat would make every effort to cover the part of the salary adjustment not covered by these provisions within the framework of initial budget appropriations;
9. unblocked, on the basis of information provided in document CM(98)3, the provisions entered under sub-heads 1113, 3106, 4106 and 4506 of the ordinary budget;
10. unblocked the provision entered under sub-head 1301 of the 1998 pensions budget.
II. The Representatives on the Committee of Ministers of the States Parties to the Partial Agreement in the Social and Public Health Field (Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and United Kingdom) unblocked the provision entered under sub-head 1104 of the budget of the Partial Agreement;
III. The Representatives on the Committee of Ministers of the States Parties to the Convention on the Elaboration of a European Pharmacopoeia (Austria, Belgium, Croatia, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia", Turkey and United Kingdom) unblocked the provision entered under sub-head 1105 of the budget of the Partial Agreement;
IV. The Representatives on the Committee of Ministers of the member States of the Council of Europe Social Development Fund (Belgium, Bulgaria, Croatia, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Portugal, Romania, San Marino, Slovenia, Spain, Sweden, Switzerland, and Turkey) unblocked the provision entered under sub-head 1104 of the budget of the Partial Agreement;
V. The Representatives on the Committee of Ministers of the States Parties to the Partial Agreement on the Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group) (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and United Kingdom) unblocked the provision entered under sub-head 1104 of the budget of the Partial Agreement;
VI. The Representatives on the Committee of Ministers of the States Parties to the Partial Agreement on the Co-operation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters (Albania, Belgium, Bulgaria, France, Greece, Italy, Luxembourg, Malta, Portugal, the Russian Federation, San Marino, Spain, "the former Yugoslav Republic of Macedonia", Turkey and Ukraine) unblocked the provision entered under sub-head 1104 of the budget of the Partial Agreement;
CM/Del/Dec(98)616 - 16 -
VII. The Representatives on the Committee of Ministers of the States Parties to the Partial Agreement on the European Support Fund for the co-production and distribution of creative cinematographic and audio-visual works "Eurimages" (Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Luxembourg, Netherlands, Norway, Poland, Portugal, Slovakia, Spain, Sweden, Switzerland and Turkey) unblocked the provision entered under sub-head 1104 of the budget of the Partial Agreement;
VIII. The Representatives on the Committee of Ministers of the member States of the Partial Agreement on the European Commission for Democracy through Law (Albania, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia" Turkey and Ukraine) unblocked the provision entered under sub-head 1104 of the budget of the Partial Agreement;
IX. The Representatives on the Committee of Ministers of the member States of the Partial Agreement on the Youth Card (Cyprus, France, Hungary, Ireland, Italy, Luxembourg, Netherlands, Portugal, San Marino, Spain and Switzerland unblocked the provision entered under sub-head 1104 of the budget of the Partial Agreement.
616th meeting – 21 January 1998
Item 11.2
11.2
BUDGET COMMITTEE
Rules of procedure
(CM(97)180, Appendix IV)
Decision
The Deputies agreed to resume consideration of this item at their 621st meeting (18-19 February, 1998, A level).