MINISTERS’ DEPUTIES

Notes on the Agenda

CM/Notes/1431/2.3

1 April 2022[1]

1431st meeting, 6 April 2022 2 Current political questions   2.3 Consequences of the aggression of the Russian Federation against Ukraine Reference documents CM/Del/Dec(2022)1426bis/2.3, CM/Del/Dec(2022)1426ter/2.3, CM/Del/Dec(2022)1427/2.5, DD(2022)80, DD(2022)81, DD(2022)67, CM/Del/Dec(2022)1428bis/2.3, CM/Del/Dec(2022)1428ter/2.3, CM(2022)70, PACE Opinion No. 300, DD(2022)101, DD(2022)102, DD(2022)117, DD(2022)118, GR-C(2022)6, GR-C(2022)7

 

Action – To examine the draft decisions below with a view to their adoption.

1.         In the light of their decision under Article 8 of the Statute of the Council of Europe on the cessation of the Russian Federation’s membership in the Council of Europe (CM/Del/Dec(2022)1428ter/2.3) and following the adoption of Resolution CM/Res(2022)3 on legal and financial consequences thereof, the Deputies are invited to revert to this item with a view to inviting their respective rapporteur groups to prepare their future decisions on a number of outstanding issues that have been identified within the Secretariat.

2.         For this purpose, the draft decisions below have been prepared for examination and adoption by the Deputies.

Delegations are also informed of the following:

3.         With respect to draft decisions 3 and 4 and the issues relating to the continued participation of the Russian Federation in treaties elaborated within the Council of Europe and open to non-member States, that the Rapporteur Group on Legal Co-operation (GR-J) should be invited to examine, the following could inter alia be considered by the Group:

a.         if amendments or Protocols are prepared to such conventions by a steering committee, will the Russian Federation have the right to participate? And if so, how will its rights (including voting rights) be regulated?

b.         if there are objections to the Russian Federation continuing to be a Party to such a convention, by which body should this be discussed and decided (Committee of the Parties, steering committee, etc.).

The examination could be conducted in consultation with their Rapporteur Group on Human Rights (GR-H) or other rapporteur groups as appropriate.

It should be noted that the Committee of Legal Advisers on Public International Law (CAHDI) held a first discussion on relevant public international law issues relating to the continued participation of the Russian Federation in treaties elaborated within the Council of Europe and open to non-member States at its meeting on 24-25 March 2022. It is proposed to invite CAHDI to provide the GR-J with an analysis of these issues as soon as possible. The CAHDI Secretariat estimates that this could be done by the end of April.

4.         With respect to draft decisions 5 and 6, more information is contained in documents GR-C(2022)6 and 7 that will be issued shortly in anticipation of the Deputies’ decisions. As regards the Ad Hoc European Committee for the World Anti-Doping Agency (CAHAMA), it should be noted that as things stand in the light of the recent decisions, neither Belarus nor the Russian Federation will be invited to participate in its work.

An amendment to the Statute

5.         In addition, the Deputies are invited to adopt a decision to amend Article 26 of the Statute to reflect the fact that the Russian Federation no longer has any right of representation in the Parliamentary Assembly. In this respect, reference is made to the letter addressed by the President of the Parliamentary Assembly to the Chairperson of the Deputies, referring to the Assembly’s Opinion 300(2022), and proposing that Article 26 be amended (see DD(2022)141).

Financing assured: YES

DRAFT DECISIONS

The Deputies

1.         invited their Rapporteur Group on Programme, Budget and Administration (GR-PBA) to examine the budgetary implications of the cessation of membership in the Council of Europe of the Russian Federation for the biennium 2022-2023;

2.         invited their Rapporteur Group on Democracy (GR-DEM) to examine how to pursue and enhance the Council of Europe’s relations with the Russian and Belarusian civil society, including the Belarusian opposition in exile, paying particular attention to youth, independent media and human rights defenders;

3.         invited their Rapporteur Group on Legal Co-operation (GR-J), in consultation with their Rapporteur Group on Human Rights (GR-H) or other rapporteur groups as appropriate, to examine all outstanding legal and practical implications of continued participation of the Russian Federation in treaties elaborated within the Council of Europe and open to non-member States;

4.         in this context, invited the Committee of Legal Advisers on Public International Law (CAHDI) to provide an analysis to the GR-J of any relevant public international law issues as soon as possible;

5.         invited their Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) to revise the terms of reference of the Steering Committee for Education (CDEDU), the European Steering Committee for Youth (CDEJ), the Advisory Council on Youth (CCJ) and the Steering Committee on Culture, Heritage and Landscape (CDCPP) in order that their composition reflects the present Council of Europe membership; invited the Group to consider also any amendments that may need to be made to the terms of reference of the Joint Council on Youth (CMJ);

6.         invited the GR-C also to examine any amendments to be made to the terms of reference of the Ad Hoc European Committee for the World Anti-Doping Agency (CAHAMA), following the Committee of Ministers’ recent decisions regarding Belarus and the Russian Federation;

7.         invited their Rapporteur Group on Social and Health Questions (GR-SOC) to review the Russian Federation’s observer status with the European Pharmacopeia Commission;

8.         agreed to revert to the above issues in the light of reports from its respective rapporteur groups and to consider any further issues under this item as they arise;

9.         adopted Resolution CM/Res(2022)… amending Article 26 of the Statute by deleting the reference to the Russian Federation and its representatives in the Parliamentary Assembly. < see Appendix to these Notes >

Appendix

Draft Resolution CM/Res(2022)… amending Article 26 of the Statute

(Adopted by the Committee of Ministers on …  2022

at the … meeting of the Ministers’ Deputies)

The Committee of Ministers,

bearing in mind Parliamentary Assembly Opinion 300 (2022) and the proposal in the letter of 31 March 2022 from the President of the Parliamentary Assembly to the Chairperson of the Committee of Ministers,

decides to amend Article 26 of the Statute by deleting the reference to the Russian Federation and its representatives in the Parliamentary Assembly.