Ministers’ Deputies

Decisions

CM/Del/Dec(2009)1066    28 September 2009

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1066th meeting, 23 September 2009

Decisions adopted

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CONTENTS

Page

            List of those present .................................................................................................................. 7

            Introduction............................................................................................................................... 10

1. General questions

           

1.1        Adoption of the agenda............................................................................................................. 10

           

1.2        Preparation of forthcoming meetings............................................................................................ +

           

1.3        Communication from the Secretary General and the Deputy Secretary General.............................. 10

           

1.4        Report of the Bureau................................................................................................................. 10

1.5        Council of Europe 2009 Exchange on the religious dimension of intercultural dialogue –

            Summary of the discussions and operational follow-up............................................................... 11

1.6        Conditions of service of the judges of the European Court of Human Rights and of the

            Commissioner for Human Rights................................................................................................ 11

1.7        Enhanced dialogue between the Parliamentary Assembly and the Committee of Ministers............. 11

1.8        Election of the Secretary General............................................................................................... 12

2. Democracy and political questions

2.1        The Council of Europe and the conflict in Georgia....................................................................... 12

            a. Draft reply to Parliamentary Assembly Recommendation 1846 (2008) on

            “The consequences of the war between Georgia and Russia”

            b. Draft reply to Parliamentary Assembly Recommendation 1857 (2009) on

            “The humanitarian consequences of the war between Georgia and Russia”

2.1bis   Current political questions

            a. Activities for the development and consolidation of democratic stability.................................. 12

            - Bosnia and Herzegovina

            - Montenegro

            b. Other questions....................................................................................................................... +

            - Statement by the Representative of Lithuania

            - Statement by the Representative of the Russian Federation

2.2        Situation in Cyprus....................................................................................................................... +

2.3        Co-operation between the Council of Europe and the OSCE –

            10th meeting of the Co-ordination Group between the Council of Europe and the OSCE

            (Strasbourg, 11 September 2009) – Follow-up............................................................................. 14

2.4        “Honouring of obligations and commitments by Serbia” –

            Recommendation 1867 (2009) of the Parliamentary Assembly...................................................... 14

3. Parliamentary Assembly

3.1        Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

            a. Written Question No. 571 by Mrs Däubler-Gmelin: “Repetitive non-compliance by Italy with

            interim measures ordered by the European Court of Human Rights”............................................. 14

            b. Written Question No. 567 by Mr Mogens Jensen: “Homosexual rights in Russia”....................... 14

            c. Written Question No. 568 by Mr Mogens Jensen: “Homosexual rights in Latvia”......................... 15


Page

3.2        Preparation of the Joint Committee (Strasbourg, 1 October 2009)................................................ 15

4. Human rights

H46-1    Cases of unfair proceedings requiring reopening of domestic proceedings –

            28490/95 Hulki Güneş, judgment of 19/06/03, final on 19/09/03

            72000/01 Göçmen, judgment of 17/10/2006, final on 17/01/2007

            46661/99 Söylemez, judgment of 21/09/2006, final on 21/12/2006

            25060/02+ Erdal Aslan, judgment of 02/12/2008, final on 02/03/2009............................................ 15

4.1        Council of Europe Commissioner for Human Rights –

            Presentation of the 2nd quarterly activity report 2009 (1 April - 30 June 2009).................................. +

4.2        Framework Convention for the Protection of National Minorities................................................... 16

            a. Draft Resolution CM/ResCMN(2009)… on the implementation of the Framework Convention

            by Lithuania

            b. Draft resolution CM/ResCMN(2009)… on the implementation of the Framework Convention

            by Ukraine

4.3        “Involving men in achieving gender equality” –

            Parliamentary Assembly Recommendation 1853 (2008)................................................................ 16

4.4        “Reconsideration on substantive grounds of previously ratified credentials of the Ukrainian delegation (Rule 9 of the Assembly’s Rules of Procedure)” –

            Parliamentary Assembly Recommendation 1875 (2009)................................................................ 16

7. Education and culture

7.1        “Crafts and cultural heritage conservation skills” –

            Parliamentary Assembly Recommendation 1851 (2008)................................................................ 17

7.2        Steering Committee for Culture (CDCULT)................................................................................... 17

            a. Abridged report of the 8th plenary session (Strasbourg, 14-15 May 2009)

            b. Renewal of the terms of reference of the CDCULT for 2010-2012

            c. Draft Recommendation CM/Rec(2009)… of the Committee of Ministers to

            member states on national film policies and the diversity of cultural expressions

7.3        Steering Committee for Cultural Heritage and Landscape (CDPATEP).......................................... 17

            a. Abridged report of the 2nd plenary session (Strasbourg, 12-13 May 2009)

            b. Revised draft terms of reference of the CDPATEP

7.4        “The future of cultural tourism – towards a sustainable model” – Recommendation 266 (2009)

            of the Congress of Local and Regional Authorities of the Council of Europe................................ 18

 

10. Legal questions

10.1      29th Council of Europe Conference of Ministers of Justice (Tromsø, Norway, 17-19 June 2009) – Report of the Secretary General...................................................................................................................... 19

10.2      European Committee on Legal Co-operation (CDCJ) –

            Draft terms of reference of the Committee of Experts on Family Law (CJ-FA)............................... 19


Page

10.3      Steering Committee on Bioethics (CDBI)..................................................................................... 19

            a. Abridged report of the 36th meeting (Madrid, 27-29 April 2009)

            b. Draft terms of reference of the CDBI

            c. Report of the launching session of the International Conference on Ethics of Biomedical

            Research in countries with emerging or developing economy (Madrid, 27 April 2009)

10.4      European Commission for the Efficiency of Justice (CEPEJ)...................................................... 19

            a. Abridged report of the 13th plenary meeting (Strasbourg, 10-11 June 2009)

            b. 2008 activity report adopted by the CEPEJ at its 13th plenary meeting

            (Strasbourg, 10-11 June 2009)

            c. Draft scheme for evaluating judicial systems – 2008-2010 cycle – adopted by the CEPEJ

            at its 13th plenary meeting (Strasbourg, 10-11 June 2009) and Explanatory Note

10.5      European Charter for Regional or Minority Languages

            a. First report of the Committee of Experts in respect of Ukraine................................................. 19

            b. Second report of the Committee of Experts in respect of Armenia........................................... 20

            c. Second report of the Committee of Experts in respect of Cyprus............................................. 20

            d. Election of a member of the Committee of Experts in respect of Poland.................................. 20

10.6      Participation of Belarus in the Group of States against Corruption (GRECO) –

            Draft agreement between the Republic of Belarus and the Council of Europe concerning the privileges and immunities of the representatives of members of the Group of States against Corruption and members of evaluation teams....................................................................................................................... 21

10.7      Request from Israel to participate in the elaboration of a draft Convention on Counterfeit Pharmaceutical Products and Similar Crimes Involving Threats to Public Health.................................................... 21

10.8      Convention on Mutual Administrative Assistance in Tax Matters (ETS No. 127) –

            OECD proposal to revise the Convention.................................................................................... 21

APPENDICES

APPENDIX 1                 1066th meeting of the Ministers’ Deputies

(item 1.1)                      (Strasbourg, 23 (10 a.m.) September 2009)

                                    Agenda............................................................................................................. 22

APPENDIX 2                 Committee of Ministers – 2010 Meeting dates..................................................... 28

(item 1.4)

APPENDIX 3                 Resolution CM/Res(2009)5

(item 1.6)                      on the status and conditions of service of judges of the European Court

                                    of Human Rights and of the Commissioner for Human Rights.............................. 29

APPENDIX 4                 Resolution CM/Res(2009)6

(item 1.8)                      on the starting date of the term of office of the new Secretary General................. 33

APPENDIX 5                 Reply to Parliamentary Assembly Recommendation 1867 (2009)

(item 2.4)                      on “Honouring of obligations and commitments by Serbia”.................................. 34

APPENDIX 6                 Reply to Written Question No. 567 by Mr Mogens Jensen:

(item 3.1b)                    “Homosexual rights in Russia” ........................................................................... 35

APPENDIX 7                 Reply to Written Question No. 568 by Mr Mogens Jensen:

(item 3.1c)                     “Homosexual rights in Latvia” ............................................................................ 36


Page

APPENDIX 8                 Reply to Parliamentary Assembly Recommendation 1853 (2008)

(item 4.3)                      on “Involving men in achieving gender equality” .................................................. 37

APPENDIX 9                 Reply to Parliamentary Assembly Recommendation 1875 (2009)

(item 4.4)                      on “Reconsideration on substantive grounds of previously ratified

                                    credentials of the Ukrainian delegation (Rule 9 of the Assembly’s Rules

                                    of Procedure).................................................................................................... 38

APPENDIX 10               Reply to Parliamentary Assembly Recommendation 1851 (2008)

(item 7.1)                      on “Crafts and cultural heritage conservation skills” ............................................ 39

APPENDIX 11               Terms of reference of the Steering Committee for Culture (CDCULT)

(item 7.2)                      for 2010-2012.................................................................................................... 41

APPENDIX 12               Recommendation CM/Rec(2009)7

(item 7.2)                      of the Committee of Ministers member states

                                    on national film policies and the diversity of cultural expressions......................... 48

APPENDIX 13               Reply to Recommendation 266 (2009)

(item 7.4)                      of the Congress of Local and Regional Authorities of the Council of Europe

                                    on “The future of cultural tourism – towards a sustainable model” ........................ 55

APPENDIX 14               Recommendation CM/RecChL(2009)4
(item 10.5b)                   of the Committee of Ministers

                                    on the application of the European Charter for Regional or Minority Languages

                                    by Armenia........................................................................................................ 57

APPENDIX 15               Recommendation CM/RecChL(2009)5
(item 10.5c)                   of the Committee of Ministers

                                    on the application of the European Charter for Regional or Minority Languages

                                    by Cyprus......................................................................................................... 58

APPENDIX 16               Terms of reference of the Ad hoc Committee for the revision of the

(item 10.8)                     Convention on Mutual Administrative Assistance in Tax Matters

                                    (ETS No. 127) (CAHTAX) ................................................................................... 59


The 1066th meeting of the Ministers’ Deputies opened on 23 September 2009 at 10.00 a.m. under the chairmanship of Ms M. Bole, Deputy for the Minister for Foreign Affairs of Slovenia.

PRESENT


ALBANIA

Ms        M.        Gega

Mr        F.         Peni

Ms        A.         Doko

ANDORRA

Ms        F.         Aleix

Ms        A.         Lopez

ARMENIA

Mr        Z.         Mnatsakanian

Ms        N.         H ambarzumyan

Mr        A.         Hovhannisyan

Ms        I.          Beglaryan

AUSTRIA

Mr        T.         Hajnoczi

AZERBAIJAN

Mr        A.         Mammadov

Mr        M.        Kangarlinski

Mr        H.         Nasibov

BELGIUM

Mr        J.         Devadder

Ms        M.        Janssens

BOSNIA AND HERZEGOVINA

Ms        Z.         Martinović

Ms        M.        Muharemagić

Ms        M.        Dimitrijević

BULGARIA

Mr        A.         Tehov

Mr        A.         Ananiev

Mr        A.         Krestev

Ms        Y.         Parparova

Mr        M.        Bozhkov

CROATIA

Ms        A.         Djamić

Ms        L.         Glavaš Kovačić

Mrs       P.         Leppee Fraize

CYPRUS

Mr        E.         Evriviades

Mr        Y.         Michaelides

CZECH REPUBLIC

Mr        P.         Hrnčíř

Mr        M.        Bouček

Ms        K.         Markovová

DENMARK

Mr        C.         Oldenburg

Mr        C.         von Barnekow

ESTONIA

Mr        S.         Kannike

Ms        K.         Tikenberg

Mr        E.         Harremoes

FINLAND

Ms        I.          Ertman

Ms        A.-C.     Krank

Mr        P.         Kotilainen

FRANCE

Mr        P.         Dahan

Mr        P.         Ray

Ms        M.        Bilocq

Ms        C.         Larene

GEORGIA

Mr        Z.         Tchiaberashvili

Mr        M.        Jgenti

Ms        I.          Mamuchishvili

GERMANY

Mr        H.-D.    Heumann

Mr        H.         Haupt

GREECE

Mr        A.         Dendoulis

Mr        D.         Karabalis

Mr        G.         Daskalopoulos

HUNGARY

Ms        J.         József

Mr        V.         Garai

Mr        B.         Horváth

ICELAND

Ms        P.M.     Rúnarsdóttir

IRELAND

Ms        M.        Hennessy

Ms        M.        Connery

Ms        B.         Walshe

Mr        D.         Howard

ITALY

Mr        S.         Busetto

Mr        A.         Verde

LATVIA

Ms        A.         Liepina

Ms        I.          Kase

LIECHTENSTEIN

Mr        D.         Ospelt

LITHUANIA

Mr        G.         Šerkšnys

Mr        D.         Simaitis

Ms        J.         Juodagalvienė

LUXEMBOURG

Ms        A.         Kayser-Attuil

MALTA

Mr        J.         Licari

Mr        M.        Pace

MOLDOVA

Ms        E.         Kistruga

Ms        V.         Agrici

Mr        A.         Paladuta

Mr        D.         Vataman

MONACO

Mrs       C.         Gastaud

MONTENEGRO

Mr        Z.         Janković

NETHERLANDS

Mr        J.         van der Velden

Mr        M.        van der Kolk

NORWAY

Mr        P.         Wille

Ms        T.         Kongsvik

Ms        E.         Widsteen

POLAND

Mr        P.         Świtalski

Mr        J.         Grabowski

Ms        A.         Wyżnikiewicz

Ms        E.         Suchożebrska

PORTUGAL

Mr        A.         Madeira Bárbara

Mr        J.         Patricio

Mr        L.         Sequeira

ROMANIA

Mr        S.         Stoian

Mr        N.         Nastase

Mr        C.H.      Rogoveanu

Ms        O.         Rogoveanu

Mr        L.         Flueraru

RUSSIAN FEDERATION

Mr        A.         Alekseev

Mr        I.          Kapyrin

Mr        V.         Egorov

Mr        I.          Podolskiy

Mr        V.         Levitskiy

Mr        V.         Kashin-Padun

Mr        I.          Maltsev

Mr        I.          Subbotin

Ms        M.        Kostyanaya

Mr        A.         Tarasov

Mr        K.         Kosorukov

SAN MARINO

Mr        G.         Bellatti Ceccoli

Ms        M.        Bovi

SERBIA

Ms        D.         Filipovic

Ms        T.         Rastovac Siamashvili

Mr        A.         Tomic

SLOVAK REPUBLIC

Mr        E.         Kuchár

Mr        J.         Kubla

Ms        S.         Danová

SLOVENIA

Mrs       M.        Bole, Chairperson

Mrs       M.        Kušer

Mr        J.         Brenčič

Ms        U.         Omerzu

SPAIN

Ms        M.        Vilardell Coma

Mr        P.         Jiménez Nacher

Mr        P.         Desportes

SWEDEN

Mr        P.         Sjögren

Ms        A.         Lundkvist

SWITZERLAND

Mr        P.         Widmer, Vice-Chairman

Mr        M.        Wey

Ms        B.         Schaer

Ms        S.         Trautweiler-Heizmann

“THE FORMER

YUGOSLAV REPUBLIC

OF MACEDONIA”

Mr        R.         Saliu

Ms        D.         Zafirovska

Ms        E.         Bodeva

TURKEY

Mr        D.         Batibay

Mr        H.         Ulusoy

Mr        B.         Ulusoy

Ms        B.         Kabakçi

Mr        Y.         Yeşilada

Ms        G.         Acar

UKRAINE

Mr        Y.         Perelygin

Ms        N.         Shakuro

Mr        O.         Ivaschenko

UNITED KINGDOM

Ms        E.         Fuller

Ms        A.         Sharif

Ms        P.         Gordon

*

*        *

EUROPEAN COMMISSION

Ms        L.         Pavan-Woolfe

*

*        *

CANADA

HOLY SEE

Mr        C.         Gouyaud

JAPAN

Mr        H.         Minami

MEXICO

Ms        L.         Madero

Ms        A.R.      Arizmendi

UNITED STATES OF AMERICA

Mr        V.         Carver



Introduction

At the start of the meeting, the Chairperson welcomed Ambassador Paul DAHAN, Permanent Representative of France, Ms Abda SHARIF, Deputy Permanent Representative of the United Kingdom, Ms Irina BEGLARYAN, Deputy to the Permanent Representative of Armenia, Ms Marjan JANSSENS, Deputy to the Permanent Representative of Belgium, Ms Mélanie BILOCQ, Deputy to the Permanent Representative of France, Mr Georgios KARANDREAS, Deputy to the Permanent Representative of Greece, and Mr Dmytro NEBRAT, Deputy to the Permanent Representative of Ukraine.  She wished them a pleasant stay in Strasbourg and a successful mission within the Committee. 

Item 1.1

Adoption of the agenda

Decisions

The Deputies

1.         agreed to add the following sub-items to the agenda of their 1066th meeting:

2.1bis

Current political questions

b. Other questions

- Statement by the Representative of Lithuania

- Statement by the Representative of the Russian Federation

2.         taking into account the decision above, adopted the agenda of their 1066th meeting, as it appears at Appendix 1 to the present volume of Decisions.

Item 1.3

Communication from the Secretary General and the Deputy Secretary General

(SG/Com(2009)1066)

Decision

The Deputies took note of the communication by the Acting Secretary General, as it appears in document SG/Com(2009)1066.

Item 1.4

Report of the Bureau

(CM/Bur/Del(2009)24 and CM/Bur/Del(2009)25)

Decisions

The Deputies

1.         took note of the date of the 120th Session of the Committee of Ministers (11 May 2010);

2.         approved the Committee of Ministers’ meeting schedule for 2010, as it appears at Appendix 2 to the present volume of Decisions;


3.         decided to entrust the chairmanship of the Rapporteur Group on Democracy (GR-DEM) to Ambassador Margaret Hennessy, Permanent Representative of Ireland;

4.         took note of the report of the meetings of the Bureau of 17 and 21 September 2009 (documents CM/Bur/Del(2009)24 and CM/Bur/Del(2009)25) and approved the other recommendations contained therein.

Item 1.5

Council of Europe 2009 Exchange on the religious dimension of intercultural dialogue –
Summary of the discussions and operational follow-up

This item was postponed.

Item 1.6

Conditions of service of the judges of the European Court of Human Rights and of the Commissioner for Human Rights

(CM(2009)40-rev, CM(2009)40-revadd, DD(2009)402 and DD(2009)472)

Decision

The Deputies adopted Resolution CM/Res(2009)5 on the status and conditions of service of judges of the European Court of Human Rights and of the Commissioner for Human Rights, as it appears at Appendix 3 to the present volume of Decisions.

Item 1.7

Enhanced dialogue between the Parliamentary Assembly and the Committee of Ministers

(CM(2009)142)

Decisions

The Deputies

1.         took note of their Chair's report on the Brussels meeting of 14 September 2009 between the Parliamentary Assembly Presidential Committee and the Bureau of the Committee of Ministers on draft proposals for enhanced dialogue and co-operation between the Parliamentary Assembly and the Committee of Ministers;

2.         took note of the draft proposals for enhanced dialogue and co-operation between the Parliamentary Assembly and the Committee of Ministers, as they appear in document CM(2009)142;

3.         agreed to come back to the above-mentioned proposals, with a view to their approval, in the light of discussions in the Joint Committee (1 October 2009).


Item 1.8

Election of the Secretary General

Decisions

The Deputies

1.         adopted Resolution CM/Res(2009)6 on the starting date of the term of office of the new Secretary General, as it appears at Appendix 4 to the present volume of Decisions;

2.         invited their Chair to inform the President of the Parliamentary Assembly thereof.

Item 2.1

The Council of Europe and the conflict in Georgia

a.         Draft reply to Parliamentary Assembly Recommendation 1846 (2008) on “The consequences of the war between Georgia and Russia”

b.         Draft reply to Parliamentary Assembly Recommendation 1857 (2008) on “The humanitarian consequences of the war between Georgia and Russia”

Decisions

The Deputies

1.         noted that the Chair would continue its informal consultations with the delegations directly concerned on the draft reply to Recommendation 1846 (2008) of the Parliamentary Assembly on “The consequences of the war between Georgia and Russia”, and would report on any progress at their next meeting;

2.         agreed to resume consideration of the draft reply to Recommendation 1857 (2009) of the Parliamentary Assembly on “The humanitarian consequences of the war between Georgia and Russia” at their next meeting.

Item 2.1bis a

Current political questions

a.         Activities for the development and consolidation of democratic stability

-           Bosnia and Herzegovina

-           Montenegro

(GR-DEM(2009)CB8, DSP(2009)11, SG/Inf(2009)13 and SG/Inf(2009)13-add)

Decisions

The Deputies

1.         took note of the synopsis of the GR-DEM meeting held on 8 September 2009 (document

GR-DEM(2009)CB8);


Concerning Bosnia and Herzegovina

2.         approved the draft co-operation programme between the Council of Europe and this country for the period 2009-2011, as it appears in document DSP(2009)11, invited the member states to consider providing voluntary contributions for its financing and instructed the Secretariat to ensure its implementation and to report back, in due course, to their Rapporteur Group on Democracy (GR-DEM);

Concerning Montenegro

In the light of the third Secretariat report on compliance with obligations and commitments by the Republic of Montenegro (document SG/Inf(2009)13):

3.         welcomed the considerable progress made by the Montenegrin authorities in meeting the accession commitments and obligations since the last report;

4.         called on the government and parliament of Montenegro to promptly ratify those Council of Europe conventions which were called for within one or two years after accession;

                                                                                                                                        

5.         recognised that there have been positive developments in the reform of the justice system and the fight against corruption over the past year. These efforts should be continued. The Venice Commission, in its opinion on the Constitution of Montenegro (CDL-AD(2007)047), expressed concern about potential political influence on the appointment of judges, the Supreme State Prosecutor, the State Prosecutors and the Ombudsman. These concerns are still valid and should be addressed at the earliest opportunity;

6.         invited the Montenegrin authorities to follow up and implement the third report’s specific recommendations for the next reporting period with a view to demonstrating significant progress in the fourth report. The Committee of Ministers will pay particular attention in the next report to:

a.     the adoption of the Law on Non-Discrimination, in line with Council of Europe standards;

b.    the adoption of legislation guaranteeing transparency of media ownership and remove the offence of defamation from the Criminal Code;

c.     the revision of the electoral legislation in close consultation with the Venice Commission;

d.    the amendment of the Law on the Protection of the Rights and Freedoms of National Minorities, in order to avoid undue restrictions, notably based on citizenship; and

e.     with regard to the people displaced by the wars in the former Yugoslavia and currently residing in Montenegro:

                                  i.    the adoption of proactive measures, in line with the 2007 government strategy for improvement of the situation of Roma, Askhali and Egyptian (RAE), to deliver identity documents without delay to those not yet in possession of them within the RAE population, both for “Internally displaced persons” (IDPs) and local RAE;

                                 ii.    to review the status of IDPs and “Displaced persons” (DPs) with a view to ensuring a clear legal status for all which should facilitate their genuine enjoyment of a right to return or, if this is not practicable, of meaningful local integration in Montenegro for themselves and their children; and

                                iii.    to review the government’s interpretation of the Law on Employment and Work of Foreigners, to ensure reasonable access to the labour market by people with DP or IDP status.


Item 2.3

Co-operation between the Council of Europe and the OSCE –

10th meeting of the Co-ordination Group between the Council of Europe and the OSCE

(Strasbourg, 11 September 2009) – Follow-up

(CM/Inf(2009)43 and CE/OSCE(2009)2)

Decision

The Deputies agreed to resume consideration of this item at their 1067th meeting (7 October 2009).

Item 2.4

“Honouring of obligations and commitments by Serbia” −

Parliamentary Assembly Recommendation 1867 (2009)

(GR-DEM(2009)CB8, REC_1867(2009) and CM/AS(2009)Rec1867-prov)

Decision

The Deputies adopted the reply to Recommendation 1867 (2009) of the Parliamentary Assembly on “Honouring of obligations and commitments by Serbia”, as it appears at Appendix 5 to the present volume of Decisions. [1]

Item 3.1a

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

a.         Written Question No. 571 by Mrs Däubler-Gmelin: “Repetitive non-compliance by Italy with interim measures ordered by the European Court of Human Rights”

This item was withdrawn.

Item 3.1b

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

b.         Written Question No. 567 by Mr Mogens Jensen: “Homosexual rights in Russia”

(CM/Del/Dec(2009)1061/3.1a, CM/AS(2009)Quest567-prov)

Decision

The Deputies adopted the reply to Written Question No. 567 by Mr Mogens Jensen: “Homosexual rights in Russia”, as it appears at Appendix 6 to the present volume of Decisions.[2]


Item 3.1c

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

c.         Written Question No. 568 by Mr Mogens Jensen: “Homosexual rights in Latvia”

(CM/Del/Dec(2009)1061/3.1b, CM/AS(2009)Quest568-prov)

Decision

The Deputies adopted the reply to Written Question No. 568 by Mr Mogens Jensen: “Homosexual rights in Latvia”, as it appears at Appendix 7 to the present volume of Decisions.[3]

Item 3.2

Preparation of the Joint Committee (Strasbourg, 1 October 2009)

Decisions

The Deputies

1.         marked their agreement with the draft agenda as proposed by the Bureau of the Parliamentary Assembly;

2.         invited their Chair to reply accordingly to the letter of the President of the Parliamentary Assembly dated 8 September 2009.

Item H46-1

Cases of unfair proceedings requiring reopening of domestic proceedings –

28490/95           Hulki Güneş, judgment of 19/06/03, final on 19/09/03

72000/01           Göçmen, judgment of 17/10/2006, final on 17/01/2007

46661/99           Söylemez, judgment of 21/09/2006, final on 21/12/2006

25060/02+         Erdal Aslan, judgment of 02/12/2008, final on 02/03/2009

(CM/Inf/DH(2009)5-rev13)

Decision

The Deputies decided to resume consideration of the measures to be taken to execute the Court’s judgments at their 1067th meeting (7 October 2009).


Item 4.2a,b

Framework Convention for the Protection of National Minorities

a.         Draft Resolution CM/ResCMN(2009)… on the implementation of the Framework Convention by Lithuania

b.         Draft Resolution CM/ResCMN(2009)… on the implementation of the Framework Convention by Ukraine

Decisions

The Deputies

1.         took note of the oral report of the Chairman of the Rapporteur Group on Human Rights (GR-H) concerning the state of progress of the draft resolutions;

2.         agreed to resume consideration of the draft resolution on Lithuania at one of their forthcoming meetings in the light of further consultations with the delegations concerned;

3.         agreed to resume consideration of the draft resolution on Ukraine at their 1067th meeting (7 October 2009) with a view to finalising and adopting the text.

Item 4.3

“Involving men in achieving gender equality” –

Parliamentary Assembly Recommendation 1853 (2008)

(REC_1853(2008) and CM/AS(2009)Rec1853-prov)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1853 (2008) on “Involving men in achieving gender equality”, as it appears at Appendix 8 to the present volume of Decisions.[4]

Item 4.4

“Reconsideration on substantive grounds of previously ratified credentials of the Ukrainian delegation (Rule 9 of the Assembly’s Rules of Procedure)” –

Parliamentary Assembly Recommendation 1875 (2009)

(REC_1875(2009), CM/AS(2009)Rec1875-prov)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1875 (2009) on “Reconsideration on substantive grounds of previously ratified credentials of the Ukrainian delegation (Rule 9 of the Assembly’s Rules of Procedure)”, as it appears at Appendix 9 to the present volume of Decisions.[5]


Item 7.1

“Crafts and cultural heritage conservation skills” –

Parliamentary Assembly Recommendation 1851 (2008)

(REC_1851(2008) and CM/AS(2009)Rec1851-prov)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1851 (2008) on “Crafts and cultural heritage conservation skills”, as it appears at Appendix 10 to the present volume of Decisions.[6]

Item 7.2

Steering Committee for Culture (CDCULT)

a.         Abridged report of the 8th plenary session (Strasbourg, 14-15 May 2009)

b.         Renewal of the terms of reference of the CDCULT for 2010-2012

c.         Draft Recommendation CM/Rec(2009)… of the Committee of Ministers to member states on national film policies and the diversity of cultural expressions

(CM(2009)111)

Decisions

The Deputies

1.         approved the terms of reference of the Steering Committee for Culture (CDCULT), as they appear at Appendix 11 to the present volume of Decisions;

2.         adopted Recommendation CM/Rec(2009)7 of the Committee of Ministers to member states on national film policies and the diversity of cultural expressions, as it appears at Appendix 12 to the present volume of Decisions;

3.         taking into account decisions 1 and 2 above, took note of the abridged report of the CDCULT, as it appears in document CM(2009)111, as a whole.

Item 7.3

Steering Committee for Cultural Heritage and Landscape (CDPATEP)

a.         Abridged report of the 2nd plenary session (Strasbourg, 12-13 May 2009)

b.         Revised draft terms of reference of the CDPATEP

(CM(2009)112 and CM(2009)112-add)

Decisions

The Deputies

1.         having regard to the follow-up to the European Landscape Convention carried out by the Steering Committee for Cultural Heritage and Landscape (CDPATEP), instructed the Secretary General to draw the European Community’s attention to the importance of taking into account the objectives of the European Landscape Convention in the sectoral policies in its remit, particularly policies on agriculture, infrastructures, environment and water, as well as regional policies;


2          in accordance with the rules governing the Landscape Award of the Council of Europe (CM/Res(2008)3) and on the proposal of the CDPATEP:

i.          conferred the Council of Europe Landscape Award under the European Landscape Convention, for the 1st Session of the Award (2009), to “Parc de la Deûle”, Lille Métropole (France);

ii.          gave a special mention of the Council of Europe Landscape Award under the European Landscape Convention for 2009 to the “Parque de Christina Enea”, town of San Sebastián (Spain);

iii.         congratulated the originators of the projects and achievements linked with the following briefs: “Marking system of the tourist trails in the Czech Republic”, Czech Tourist Club (Czech Republic); “Landscape Management of Hämeenkyrö National Landscape Area”, town of Hämeenkyrö (Finland); “Implementation of the Complex Nature Conservation and Landscape Management Programme in the Zámoly Basin”, Public Foundation for Nature Conservation Pro Vértes (Hungary); “The Val di Cornia Parc System”, Val di Cornia (Italy); “Biodiversity and Natural Resources Management Project”, Association for Nature Conservation in Turkey (Turkey);

iv.         recognised the exemplary value of the work entitled “Regional Distribution of Landscape Types in Slovenia”, University of Ljubljana (Slovenia) providing a methodological framework for landscape management at the national, regional and local levels, while recalling that projects should abide by the provisions of the rules applying to the qualification of candidates;

v.         took note that the Award and the special mention would be presented by the Secretary General of the Council of Europe, or his representative, with the participation of the Chairs of the CDPATEP and the Council of Europe Conference on the European Landscape Convention at public ceremonies to be held in the countries whose candidatures had been honoured with an award or acknowledged by a special mention;

3.         took note of document CM(2009)112-add on the guidelines on the medium-term assignments of the CDPATEP;

4          approved the amendment to point 5.B of the terms of reference of the CDPATEP to allow participation of a representative of the Standing Committee of the Bern Convention;

5          taking account of decisions 1 to 4 above, took note of the abridged report of the 2nd plenary meeting of the CDPATEP, as it appears in documents CM(2009)112 and CM(2009)112-add, as a whole.

Item 7.4

“The future of cultural tourism – towards a sustainable model” –

Recommendation 266 (2009) of the Congress of Local and Regional Authorities of the Council of Europe

(Congress REC_266 and CM/Cong(2009)Rec266-prov)

Decision

The Deputies adopted the reply to Congress Recommendation 266 (2009) on “The future of cultural tourism – towards a sustainable model”, as it appears at Appendix 13 to the present volume of Decisions.[7] 


Item 10.1

29th Council of Europe Conference of Ministers of Justice (Tromsø, Norway, 17-19 June 2009) – Report of the Secretary General

This item was postponed.

Item 10.2

European Committee on Legal Co-operation (CDCJ) –

Draft terms of reference of the Committee of Experts on Family Law (CJ-FA)

This item was postponed.

Item 10.3

Steering Committee on Bioethics (CDBI)

a.         Abridged report of the 36th meeting (Madrid, 27 29 April 2009)

b.         Draft terms of reference of the CDBI

c.         Report of the launching session of the International Conference on Ethics of Biomedical Research in countries with emerging or developing economy (Madrid, 27 April 2009)

This item was postponed.

Item 10.4

European Commission for the Efficiency of Justice (CEPEJ)

a.         Abridged report of the 13th plenary meeting (Strasbourg, 10-11 June 2009)

b.         2008 activity report adopted by the CEPEJ at its 13th plenary meeting (Strasbourg, 10‑11 June 2009)

c.         Draft scheme for evaluating judicial systems – 2008-2010 cycle – adopted by the CEPEJ at its

13th plenary meeting (Strasbourg, 10-11 June 2009) and Explanatory Note

This item was postponed.

Item 10.5a

European Charter for Regional or Minority Languages

a.         First report of the Committee of Experts in respect of Ukraine

This item was postponed.


Item 10.5b

European Charter for Regional or Minority Languages


b.         Second report of the Committee of Experts in respect of Armenia

(CM(2009)115)

Decisions

The Deputies

1.         took note of the second report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Armenia, as it appears in document CM(2009)115;

2.         adopted Recommendation CM/RecChL(2009)4 on the application of the European Charter for Regional or Minority Languages by Armenia, as it appears at Appendix 14 to the present volume of Decisions and agreed to forward it to the Armenian authorities.

Item 10.5c

European Charter for Regional or Minority Languages

c.         Second report of the Committee of Experts in respect of Cyprus

(CM(2009)113)

Decisions

The Deputies

1.         took note of the second report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Cyprus, as it appears in document CM(2009)113;

2.         adopted Recommendation CM/RecChL(2009)5 on the application of the European Charter for Regional or Minority Languages by Cyprus, as it appears at Appendix 15 to the present volume of Decisions and agreed to forward it to the Cypriot authorities.

Item 10.5d

European Charter for Regional or Minority Languages

d.         Election of a member of the Committee of Experts in respect of Poland

(CM(2009)114)

Decision

The Deputies, in accordance with Article 17, paragraph 1, of the European Charter for Regional or Minority Languages, declared the person whose name appears below elected as a member of the Committee of Experts of the European Charter for Regional or Minority Languages, in respect of Poland, for a period of six years:

-           Mrs Aleksandra OSZMIAŃSKA-PAGETT.

Item 10.6

Participation of Belarus in the Group of States against Corruption (GRECO) –

Draft agreement between the Republic of Belarus and the Council of Europe concerning the privileges and immunities of the representatives of members of the Group of States against Corruption and members of evaluation teams

(CM(2009)118)

Decisions

The Deputies

1.             approved the draft agreement between the Republic of Belarus and the Council of Europe concerning the privileges and immunities of the representatives of members of the Group of States against Corruption and members of the evaluation teams, as it appears in document CM(2009)118;

2.         authorised the Secretary General to sign this agreement.

Item 10.7

Draft Convention on Counterfeit Pharmaceutical Products and Similar Crimes Involving Threats to Public Health Request from Israel to participate in the elaboration of the draft Convention

(GR-J(2009)8-add)

Decision

The Deputies invited Israel to be represented, as observer under the terms of Resolution Res(2005)45, in the meeting of the CDPC from 12 to 16 October 2009 with a view to participating in the elaboration of the draft Convention on Counterfeit Pharmaceutical Products and Similar Crimes Involving Threats to Public Health.

Item 10.8

Convention on Mutual Administrative Assistance in Tax Matters (ETS No. 127) –

OECD proposal to revise the Convention

(CM(2009)123, GR-J(2009)CB5)

Decisions

The Deputies

1.         welcomed the Organisation for Economic Co-operation and Development (OECD) initiative proposing a revision of the Convention on Mutual Administrative Assistance in Tax Matters (ETS No. 127);

2.         approved the terms of reference of the Ad hoc Committee for the revision of the Convention on Mutual Administrative Assistance in Tax Matters (ETS No. 127) (CAHTAX), as they appear at Appendix 16 to the present volume of Decisions;

3.         agreed to communicate the draft protocol amending the Convention prepared by the Convention’s Co-ordinating Body, as it appears in Appendix VI of document CM(2009)123, to the European Committee on Legal Co‑operation (CDCJ), for possible comments by 15 October 2009.


Appendix 1

(Item 1.1)

1066 Meeting of the Ministers' Deputies
(Strasbourg, 23 (10 a.m.) September 2009)


Agenda

1.         General questions

1.1        Adoption of the agenda

(CM/Del/OJ(2009)1066)

1.2        Preparation of forthcoming meetings

1.3        Communication from the Secretary General and the Deputy Secretary General

(SG/Com(2009)1066)

1.4        Report of the Bureau

(CM/Bur/Del(2009)24 and CM/Bur/Del(2009)25)

1.5        Council of Europe 2009 Exchange on the religious dimension of intercultural dialogue –
            Summary of the discussions and operational follow-up
            (Item to be prepared by the GR-C on 8.10.2009)

(CM(2009)117-provrev)

(Item postponed)

1.6        Conditions of service of the judges of the European Court of Human Rights and of the Commissioner     for Human Rights

            (Item prepared by the GR-PBA on 2.7.2009)

           

(CM(2009)40-rev, CM(2009)40-revadd, DD(2009)402 and DD(2009)472)

(CM/Notes/1066/1.6 of 18.9.2009)

1.7        Enhanced dialogue between the Parliamentary Assembly and the Committee of Ministers

(CM(2009)142 of 16.9.2009)
(CM/Notes/1066/1.7 of 17.9.2009)

1.8       Election of the Secretary General

(CM/Notes/1066/1.8 of 18.9.2009)

2.         Democracy and political questions

2.1        The Council of Europe and the conflict in Georgia

            a. Draft reply to Parliamentary Assembly Recommendation 1846 (2008) on “The consequences of            the war between Georgia and Russia”

           


b. Draft reply to Parliamentary Assembly Recommendation 1857 (2009) on “The humanitarian             consequences of the war between Georgia and Russia”

(CM(2008)150-rev, CM(2008)162, SG/Inf(2008)19, DD(2008)631, SG/Inf(2009)5, SG/Inf(2009)7, CM(2009)PV-prov, CM(2009)PV-add1, CM(2009)PV-add2, SG/Inf(2009)10, CM/AS(2009)Rec1846 prov, DD(2009)371, DD(2009)390, SG/Inf(2009)5-add, SG/Inf(2009)9 and
CM/AS(2009)Rec1857-prov)
(CM/Notes/1066/2.1 of 22.9.2009)

2.1bis   Current political questions

            a. Activities for the development and consolidation of democratic stability

           

            -           Bosnia and Herzegovina

            -           Montenegro

            (Item prepared by the GR-DEM on 8.9.2009)

(GR-DEM(2009)CB8, DSP(2009)11, SG/Inf(2009)13 and SG/Inf(2009)13-add)

(CM/Notes/1066/2.1bis of 11.9.2009)

            b. Other questions

            - Statement by the Representative of Lithuania

            - Statement by the Representative of the Russian Federation

2.2        Situation in Cyprus

2.3          Co-operation between the Council of Europe and the OSCE –

            10th meeting of the Co-ordination Group between the Council of Europe and the OSCE
            (Strasbourg, 11 September 2009) – Follow-up
            (Item prepared by the GR-EXT on 10.9.2009)
           

(CE/OSCE(2009)2 and CM/Inf(2009)43)
(CM/Notes/1066/2.3 of 14.9.2009)

2.4        “Honouring of obligations and commitments by Serbia” –
            Recommendation 1867 (2009) of the Parliamentary Assembly
            (Item prepared by the GR-DEM on 8.9.2009)

(REC_1867(2009) and CM/AS(2009)Rec1867-prov)
(CM/Notes/1066/2.4 of 11.9.2009)

3.         Parliamentary Assembly

3.1        Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

            a. Written Question No. 571 by Mrs Däubler-Gmelin: “Repetitive non-compliance by Italy with interim             measures ordered by the European Court of Human Rights”

(CM/AS(2009)Quest571 and CM/AS(2009)Quest571-prov)
(CM/Notes/1066/3.1a of 8.9.2009)

(Item withdrawn)

            b. Written Question No. 567 by Mr Mogens Jensen: “Homosexual rights in Russia”

(CM/Del/Dec(2009)1061/3.1a and CM/AS(2009)Quest567-prov )

           


c. Written Question No. 568 by Mr Mogens Jensen: “Homosexual rights in Latvia”
           

(CM/Del/Dec(2009)1061/3.1b and CM/AS(2009)Quest568-prov)

(CM/Notes/1066/3.1bc of 10.9.2009)

3.2        Preparation of the Joint Committee (Strasbourg, 1 October 2009)

(CM/Notes/1066/3.2 of 10.9.2009)

4.         Human rights

H46-1                Cases of unfair proceedings requiring reopening of domestic proceedings –
28490/95           Hulki Güneş, judgment of 19/06/03, final on 19/09/2003
72000/01           Göçmen, judgment of 17/10/2006, final on 17/01/2007
46661/99           Söylemez, judgment of 21/09/2006, final on 21/12/2006
25060/02+         Erdal Aslan, judgment of 02/12/2008, final on 02/03/2009

(CM/Del/Dec(2009)1065 and CM/Inf/DH(2009)5-rev13)
(CM/Notes/1066/H46-1 of 18.9.2009)

4.1          Council of Europe Commissioner for Human Rights –

Presentation of the 2nd quarterly activity report 2009 (1 April - 30 June 2009)

(CommDH(2009)29)

4.2        Framework Convention for the Protection of National Minorities

            a. Draft Resolution CM/ResCMN(2009)… on the implementation of the Framework Convention by             Lithuania
            (Item prepared by the GR-H on 18.6.2009)
           

(CM/Del/Dec(2009)1063/4.2b, CM(2009)22-rev, DD(2009)33, DD(2009)47, DD(2009)346, DD(2009)354 and GR-H(2009)CB2)

            b. Draft Resolution CM/ResCMN(2009)… on the implementation of the Framework Convention by             Ukraine
            (Item prepared by the GR-H on 22.9.2009)
           

(CM(2009)33-rev1)

4.3        “Involving men in achieving gender equality” –

            Parliamentary Assembly Recommendation 1853 (2008)
            (Item prepared by the TC-ET)

           

(REC_1853(2008) and CM/AS(2009)Rec1853-prov)
(CM/Notes/1066/4.3 of 21.8.2009)

4.4        “Reconsideration on substantive grounds of previously ratified credentials of the Ukrainian delegation      (Rule 9 of the Assembly’s Rules of Procedure)” –
            Parliamentary Assembly Recommendation 1875 (2009)
            (Item prepared by the GR-H on 22.9.2009)

           

(REC_1875(2009) and CM/AS(2009)Rec1875-prov2)
(CM/Notes/1066/4.4 of 10.9.2009)


7.         Education and culture

7.1        “Crafts and cultural heritage conservation skills” –

            Parliamentary Assembly Recommendation 1851 (2008)
            (Item prepared by the GR-C on 10.9.2009)

(REC_1851(2008) and CM/AS(2009)Rec1851-prov)
(CM/Notes/1066/7.1 of 11.9.2009)

7.2        Steering Committee for Culture (CDCULT)

            a. Abridged report of the 8th plenary session (Strasbourg, 14-15 May 2009)

            b. Renewal of the terms of reference of the CDCULT for 2010-2012

            c. Draft Recommendation CM/Rec(2009)… of the Committee of Ministers to member states on    national film policies and the diversity of cultural expressions

            (Item prepared by the GR-C on 10.9.2009)

(CM(2009)111)
(CM/Notes/1066/7.2 of 11.9.2009)

7.3        Steering Committee for Cultural Heritage and Landscape (CDPATEP)

            a. Abridged report of the 2nd plenary session (Strasbourg, 12-13 May 2009)

            b. Revised draft terms of reference of the CDPATEP

            (Item prepared by the GR-C on 10.9.2009)

(CM(2009)112 and CM(2009)112-add)
(CM/Notes/1066/7.3 of 11.9.2009)

7.4        “The future of cultural tourism – towards a sustainable model” –

Recommendation 266 (2009) of the Congress of Local and Regional Authorities of the Council of Europe
(Item prepared by the GR-C on 10.9.2009)

           

(Congress Rec_266(2009) and CM/Cong(2009)Rec266-prov)
(CM/Notes/1066/7.4 of 11.9.2009)

10.        Legal questions

10.1      29th Council of Europe Conference of Ministers of Justice (Tromsø, Norway, 17-19 June 2009) – Report of the Secretary General
            (Item to be prepared by the GR-J and GR-H (joint meeting) on 6.10.2009)

(Item postponed)

10.2      European Committee on Legal Co-operation (CDCJ) –
            Draft terms of reference of the Committee of Experts on Family Law (CJ-FA)
            (Item to be prepared by the GR-J)

(CM(2009)119)

(Item postponed)


10.3      Steering Committee on Bioethics (CDBI)

            a. Abridged report of the 36th meeting (Madrid, 27‑29 April 2009)

(CM(2009)121)

            b. Draft terms of reference of the CDBI

(CM(2009)121-add)

            c. Report of the launching session of the International Conference on Ethics of Biomedical Research

in countries with emerging or developing economy (Madrid, 27 April 2009)

(CM(2009)122)

            (Item to be prepared by the GR-J)

(Item postponed)

10.4      European Commission for the Efficiency of Justice (CEPEJ)

            a. Abridged report of the 13th plenary meeting (Strasbourg, 10-11 June 2009)

(CM(2009)120)

b. 2008 activity report adopted by the CEPEJ at its 13th plenary meeting (Strasbourg,     10‑11 June 2009)

(CM(2009)120-add1)

c. Draft scheme for evaluating judicial systems – 2008-2010 cycle – adopted by the CEPEJ at its             13th plenary meeting (Strasbourg, 10-11 June 2009) and Explanatory Note

(CM(2009)120-add2 and CM(2009)120-add3)

            (Item prepared by the GR-J on 8.9.2009)

(Item postponed)

10.5        European Charter for Regional or Minority Languages

            a. First report of the Committee of Experts in respect of Ukraine
            (Item to be prepared by the GR-J)

(CM(2009)43)

(Sub-item a. postponed)

b. Second report of the Committee of Experts in respect of Armenia
(Item prepared by the GR-J on 8.9.2009)

(CM(2009)115)
(CM/Notes/1066/10.5b of 10.9.2009)

c. Second report of the Committee of Experts in respect of Cyprus
(Item prepared by the GR-J on 8.9.2009)

(CM(2009)113)
(CM/Notes/1066/10.5c of 10.9.2009)


d. Election of a member of the Committee of Experts in respect of Poland
(Item prepared by the GR-J on 8.9.2009)

(CM(2009)114)
(CM/Notes/1066/10.5d of 9.9.2009)

10.6        Participation of Belarus in the Group of States against Corruption (GRECO) –
Draft agreement between the Republic of Belarus and the Council of Europe concerning the privileges and immunities of the representatives of members of the Group of States against Corruption and members of evaluation teams
(Item prepared by the GR-J on 8.9.2009)

(CM(2009)118)
(CM/Notes/1066/10.6 of 10.9.2009)

10.7        Request from Israel to participate in the elaboration of a draft Convention on Counterfeit Pharmaceutical Products and Similar Crimes Involving Threats to Public Health
(Item prepared by the GR-J on 8.9.2009)

(GR-J(2009)8-add)
(CM/Notes/1066/10.7 of 11.9.2009)

10.8      Convention on Mutual Administrative Assistance in Tax Matters (ETS No. 127) –
            OECD proposal to revise the Convention
            (Item prepared by the GR-J on 8.9.2009)
           

(CM(2009)123 and GR-J(2009)CB5)
(CM/Notes/1066/10.8 of 17.9.2009)

13.        Any other business


Appendix 2

(Item 1.4)

Committee of Ministers – 2010 Meeting dates

January

February

March

April

May

June

July

August

September

October

November

December

1

F                

M            

M               

Th

S                

Tu    1086DH

1

Th                   

S

W             +

F                 

M               +

W      1100DH

1

2

S

Tu

Tu  1078DH

F                    

S                

W   1086DH

2

F                   +

M             +

Th             

S                 

Tu              +

Th     1100DH

2

3

S

W        1076

1078DH

S                

M               

Th   1086DH

3

S               

Tu           +

F               

S                 

W               +

F½    1110DH

3

4

M            

Th              

T    1078DH

S                

Tu              

F           cms2

4

S

W            +

S

M             AP

Th            

S             

4

5

Tu           

F                

F                

M                

W        1084

S         cms2

5

M                   +

Th           +

S

Tu            AP

F             

S             

5

6

W               

S                

S

Tu             +

Th              

S             

6

Tu                  +

F             +

M

W            AP

S             

M            

6

7

Th          

S

S

W              +

F                

M            

7

W           1090+

S              

Tu             

Th           AP

S             

Tu

7

8

F             

M              +

M

Th             +

S               

Tu                

8

Th                  +

S

W       1091

F              AP

M            

W            1101

8

9

S

Tu             +

Tu

F               +

S             

W          1087

9

F                    +

M             +

Th             

S                 

Tu           

Th                  

9

10

S             

W              +

W        1079

S                

M            

Th                

10

S                

Tu           +

F

S                 

W         1097

F                    

10

11

M            

Th             +

Th

S                

Tu   120CM

F             

11

S

W            +

S

M                 

Th            

S             

11

12

Tu           

F               +

F                

M               +

W               

S             

12

M                   +

Th           +

S

Tu               

F             

S

12

13

W        1074

S                

S                

Tu             +

Th              

S             

13

Tu                  +

F             +

M

W         1095

S             

M

13

14

Th              

S             

S                

W      1082+

F                

M            

14

W                   +

S              

Tu 1092DH

Th               

S             

Tu               

14

15

F             

M              +

M               

Th             +

S             

Tu                

15

Th                  +

S

W 1092DH

F                 

M                

W                

15

16

S             

Tu             +

Tu              

F               +

S             

W          1088

16

F                    +

M             +

Th             

S

Tu               

Th               

16

17

S

W              +

W      Cong

S                

M            

Th                

17

S                     

Tu           +

F

S

W         1098

F                 

17

18

M               

Th             +

Th     Cong

S                

Tu              

F                 

18

S

W            +

S

M

Th

S             

18

19

Tu              

F               +

F       Cong

M                

W               

S                 

19

M                   +

Th           +

S

Tu               

F                  

S

19

20

W        1075

S                

S               

Tu              

Th

S             

20

Tu                  +

F             +

M

W         1096

S                 

M                  +

20

21

Th              

S                

S                

W        1083

F                

M              AP

21

W                   +

S              

Tu             

Th              

S            

Tu                +

21

22

F                

M               

M               

Th              

S             

Tu            AP

22

Th                  +

S

W       1093

F                 

M            

W                  +

22

23

S                

Tu              

Tu              

F                

S             

W             AP

23

F                    +

M             +

Th             

S                 

Tu 1099Bud

Th            +

       +

23

24

S

W        1077

W        1080

S                

M            

Th            AP

24

S                

Tu           +

F

S

W 1099Bud

F                   +

24

25

M            AP

Th

Th             

S                

Tu              

F              AP

25

S

W            +

S

M                +

Th 1099Bud

S                    

25

26

Tu          AP

F

F

M            AP

W        1085

S                

26

M                   +

Th           +

S

Tu     Cong+

F

S

26

27

W           AP

S                

S

Tu           AP

Th              

S

27

Tu                  +

F             +

M              

W     Cong+

S

M                  +

27

28

Th          AP

S

S

W           AP

F              

M

28

W                   +

S

Tu             

Th    Cong+

S

Tu                 +

28

29

F            AP

M

Th          AP

S

Tu

29

Th                  +

S

W       1094

F                +

M

W                  +

29

30

S

Tu

F             AP

 S                

W          1089

30

F                    +

M             +

Th             

S                 

Tu   1100DH

Th                 +

30

31

S

W        1081

M

31

S

Tu           +

S

F                   +

31

2008

2009

2010

+  =  School Holidays

Shaded = non-working days at the Council of Europe

Ordinary meetings

26 = 28d

25 = 27d

24= 26d

DH = Human Rights meeting

Bud =  Budget meeting

DH

4 = 12d

4 = 12d

4 = 12d

AP = Parliamentary Assembly

AP-SC = Standing Committee PA

Sessions

1 = 1d

1 = 1d

1 = 1d

Cong =  Congress

120CM = 120th Session of the Committee of Ministers

Total meetings days

41

40

39

cms = Conferences of Specialised Ministers: 1. Spatial/Regional Planning (CEMAT); 2. Education; 3. Equality


Appendix 3

(Item 1.6)

Resolution CM/Res(2009)5
on the status and conditions of service of judges
of the European Court of Human Rights
and of the Commissioner for Human Rights

(Adopted by the Committee of Ministers on 23 September 2009
at the 1066th meeting of the Ministers’ Deputies)

The Committee of Ministers, acting pursuant to Article 16 of the Statute of the Council of Europe,

Having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (“the Convention”);

Having regard to the General Agreement on Privileges and Immunities of the Council of Europe, signed in Paris on 2 September 1949;

 

Having regard to Resolution Res(2004)50 on the status and conditions of service of judges of the European Court of Human Rights (the Court), adopted on 15 December 2004;

Having regard to the actuarial study;[8]

On a proposal of the Secretary General,

Resolves as follows:

Article 1 – Status

Elected members of the Court shall enjoy the special status of “judges of the European Court of Human Rights” (“judges”).

Article 2 – Privileges and immunities

In accordance with Article 51 of the Convention, judges and ad hoc judges appointed pursuant to Article 27, paragraph 2, of the Convention shall be entitled, during the exercise of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the agreements made thereunder, including in particular the Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe.

Article 3 – Remuneration

1.         The basic salary of judges shall be equal to step 6 of the grade A7 pay scale for Council of Europe staff members based in France. It shall be adjusted in accordance with any adjustments made to salaries of staff members based in France. Judges shall be paid monthly in advance.

2.         Each judge shall also receive a displacement allowance equal to 12.5% of basic salary.

3.         Additional remuneration at the following annual rates shall be paid, on a pro rata temporis basis, to the following office-holders:

            - the President of the Court: €13 885

            - the Vice-Presidents of the Court and the Presidents of Sections: €6 942.

These amounts shall be adjusted annually by applying the rate used for the adjustment in Article 3.1.


4.         The judges shall not be entitled to any of the allowances/indemnities provided for in the Staff Regulations.

Article 4 – Payment of expenses by the Council of Europe

1.         The Council of Europe shall pay:

            (a) the travel and subsistence expenses of a judge on an official journey;

(b) travel, subsistence and removal expenses incurred by judges and their household when taking up or on termination of their duties, according to the rules applying to staff members.

2.         On the death of a judge during his or her term of office, the Council of Europe shall defray, according to the rules applying to staff members:

            (a) the cost of transporting the body of the judge from the place of death to the place of funeral;

            (b) the cost of transporting the deceased judge's personal belongings;

(c) the travel costs of the survivors who were dependent on the judge and were part of the judge's household.

3.         The rules issued by the Secretary General of the Council of Europe applicable to payment of expenses to staff members of the Council of Europe shall apply to judges, save that the amounts payable in respect of travel and subsistence expenses shall be governed by the rules issued by the Secretary General applicable to the reimbursement of Ministers' Deputies when travelling at the charge of the Council of Europe.

Article 5 – Place of residence

Judges shall reside at or near the seat of the Court.

Article 6 – Medical examination

Judges, when taking up their duties, shall undergo the medical examination that staff members undergo as part of their appointment process. Where the medical examination shows a judge to be suffering from an illness or disablement, the Council of Europe may decide that, as regards risks arising from an illness or disablement existing before s/he took up his or her duties, the said judge shall not be entitled to the invalidity or death benefits provided for in Appendix V bis to the Staff Regulations until the expiry of a period not exceeding five years from the date of his or her taking up his or her duties.    

Article 7 – Annual leave

The Court shall remain permanently in session. The duration of court vacations shall be determined by the President of the Court with due regard to the needs of business.  During such court vacations, judges shall make themselves available as required.  Judges may absent themselves from Strasbourg outside court vacations only exceptionally and with the President’s authorisation.

Article 8 – Sick leave

Whenever judges are absent and unable to perform their duties for health reasons, they shall inform the President of the Court and provide appropriate medical certificates to the Directorate of Human Resources of the Directorate General of Administration and Logistics.

Article 9 – Maternity, paternity and adoption leave

Judges shall be entitled to the same maternity, paternity and adoption leave as staff members. Pregnancies, births and adoptions shall be notified to the Directorate of Human Resources.

 


Article 10 – Pension

1.         Judges shall benefit from the Pension Scheme for staff members which is in force at the Council of Europe at the time of their appointment, subject to any modifications rendered necessary by their particular status and conditions of service.

2.         The New Pension Scheme “NPS” (Appendix V bis to the Staff Regulations), in force as at the date of adoption of this resolution, shall apply to judges subject to the following modifications:

(i)         Judges with fewer than five years’ reckonable service at the Court shall be entitled to a leaving allowance. Judges with at least five but fewer than ten years of reckonable service shall be able to choose between a leaving allowance and a retirement pension to be paid according to subparagraph (ii) here below. Judges who have ten or more years of reckonable service shall only be entitled to a retirement pension to be paid according to subparagraph (ii) here below;

(ii)         The age at which judges become entitled to a retirement pension, without reduction due to early departure, shall be 63 years;

(iii)        In the case of judges, the salary for the purposes of Appendix V bis to the Staff Regulations shall be the monthly basic salary of the judge, according to the scales in force in the Organisation at the time when the pension is assessed, and updated in accordance with the provisions of Article 36, and the judge’s displacement allowance; the President’s, Vice Presidents’ and Section Presidents’ additional remuneration is not to be taken into account;      

(iv)        Chapter VI as well as Article 33.2 to 33.7 of Appendix V bis to the Staff Regulations shall not apply to judges;

(v)        The survivor’s pension shall be 60% of the pension the judge would have received had s/he reached  the end of his or her mandate and the reversion pension shall be 60% of the judge’s pension. The minimum amounts provided for in Appendix V bis to the Staff Regulations shall not be applicable;

(vi)        The invalidity pension shall be equal to the pension the judge would have received had s/he reached  the end of his or her mandate.

Article 11 – Medical and social insurance

Judges shall be affiliated to the Council of Europe Medical and Social Insurance Scheme. Appendix XII to the Staff Regulations shall apply to them, with the exception that the capital sum paid in the event of death shall be reduced as follows in the case of judges who die in service following their 65th birthday: by 10% when a judge dies before turning 66, by 20% when a judge dies before turning 67, by 30% when a judge dies before turning 68, by 40% when a judge dies before turning 69 and by 50% when a judge dies before turning 70. No capital sum shall be paid in the case of judges who die in service following their 70th birthday. 

Article 12 – Ad hoc judges

1.         For each day on which they exercise their functions, ad hoc judges shall receive an allowance of an amount equal to 1/365th of the annual basic salary of judges of the Court provided for in Article 3 § 1 above. The allowance shall be free of all taxation.

2.         The Council of Europe shall also reimburse to ad hoc judges travel and subsistence expenses incurred by them in connection with the performance of their functions, according to the rules applying to staff members.  The rules applicable to the reimbursement of the expenses of Ministers' Deputies when travelling at the charge of the Council of Europe shall apply.

3.         Ad hocjudges shall not benefit from any social or medical cover provided by the Council of Europe.


Article 13 – Council of Europe Commissioner of Human Rights (“the Commissioner”)

The Commissioner shall enjoy a special status which shall be the same as that of an elected judge. The above provisions shall apply to him or her.

Article 14 – Entry into force and transitional provisions

1.         This resolution shall enter into force on the first day of the month following its adoption.

2.         The conditions of service of judges in office on the date of entry into force of this resolution shall be those contained in Resolution Res(2004)50. However, the conditions of service contained in this resolution shall be applied to any such judge upon his or her request.

3.         Judges in office on the date of entry into force of this resolution who have decided to be covered by it shall be able to have all or part of their years of service as judges recognised as reckonable years of service under the New Pension Scheme by paying 2.5 times the staff contribution for the period they wish to validate. Their rights shall be calculated on the basis of the first basic salary and the displacement allowance which they shall be paid under this resolution.

4.         The conditions of service of the Council of Europe Commissioner of Human Rights in office on the date of the entry into force of this resolution shall be those contained in Decision 668/11.2b of 27 April 1999 of the Ministers’ Deputies. However, the conditions of service contained in the present resolution can be applied to him following the modalities of paragraphs 2 and 3.


Appendix 4

(Item 1.8)

Resolution CM/Res(2009)6

on the starting date of the term of office of the new Secretary General

(Adopted by the Committee of Ministers on 23 September 2009

at the 1066th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 36.b of the Statute of the Council of Europe,

Having regard to Resolution CM/Res(2009)4 on the appointment of the Secretary General (Madrid, 12 May 2009), by which the Committee of Ministers had transmitted to the Parliamentary Assembly two candidatures for the appointment to the post of Secretary General with effect from 1 September 2009;

Noting that the latter date could not be met, and that another date should now be fixed,

Invited the Chairman of the Committee of Ministers to identify, together with the President of the Parliamentary Assembly and in consultation with the two candidates, the earliest date on which each of the two candidates would be able to take up his duties, if elected;

Decided to come back to this issue at the Ministers’ Deputies’ meeting at which the newly elected Secretary General will make his solemn declaration according to Article 36.e of the Statute.


Appendix 5

(Item 2.4)

Reply to Parliamentary Assembly Recommendation 1867 (2009) on

“Honouring of obligations and commitments by Serbia”

(Adopted by the Committee of Ministers on 23 September 2009
at the 1066th meeting of the Ministers' Deputies)

1.             The Committee of Ministers welcomes the Parliamentary Assembly’s recommendation and its spirit of constructive engagement. The Committee of Ministers fully shares the Parliamentary Assembly’s support for Serbia’s European aspirations and for Serbia’s continuing reform process. The Committee of Ministers also reiterates its appeal to the Serbian authorities to ensure full co-operation with the International Criminal Tribunal for the former Yugoslavia, including the arrest and transfer of the two remaining fugitive indictees, which is one of the outstanding accession commitments to the Council of Europe.

2.             In conducting its regular monitoring of Serbia’s compliance with its accession obligations and commitments on behalf of the Committee of Ministers, the Rapporteur Group on Democracy (GR-DEM) takes full account of the relevant resolutions of the Parliamentary Assembly, notably Resolution 1661 (2009), as well as the reports and recommendations of the other Council of Europe institutions and bodies. The Committee of Ministers considers that Serbia has very nearly fulfilled all the formal, quantifiable commitments it undertook upon accession to the Council of Europe. It has therefore decided to orient its monitoring process towards a dialogue-based regular stocktaking of co-operation and progress with the fulfilment of statutory commitments and democratic processes.

3.             Serbia currently participates in all the relevant Council of Europe regional programmes, including Joint Programmes with the European Commission concerning special prosecutors, social security co‑ordination, architectural and archaeological heritage, as well as in the multilateral programme “Network of Schools of Political Studies”. Recently completed assistance programmes funded by voluntary contributions include a three-year project on the reform of the prison system, a three-year project on human rights training of judges, prosecutors and lawyers and a one-year project providing support to the Constitutional Court. Two European Commission/Council of Europe Joint Programmes on strengthening higher education and on the promotion of freedom of media have also recently been completed. Another Joint Programme on support to the parliament has been extended until October 2009. A new European Commission/Council of Europe Joint Programme to support local self-government was launched in May 2009. A new project, financed by the Human Rights Trust Fund, will assist the Serbian authorities in ensuring execution of judgments of the European Court of Human Rights and enforcement of domestic court decisions.

4.             In light of Serbia’s recognised administrative capacity to implement reform processes and projects, the Committee of Ministers has noted that assistance for Serbia increasingly takes the form of advice and expertise. The Serbian authorities are encouraged to make the best possible use of this type of co-operation, which is one of the most important benefits of Council of Europe membership. The Secretariat is working closely with the Serbian authorities to develop new targeted co-operation programmes, including a project to assess the implementation of the judicial reforms in Serbia and two new European Commission/Council of Europe Joint Programmes, within the framework of the EU’s Instrument for Pre-Accession Assistance (IPA), to deal with money laundering and with the confiscation of the proceeds of crime and the financing of terrorism.


Appendix 6

(Item 3.1b)

Reply to Written Question No. 567 by Mr Mogens Jensen: “Homosexual rights in Russia”

(Adopted by the Committee of Ministers on 23 September 2009
at the 1066th meeting of the Ministers' Deputies)

1.         In reply to the question put forward by the Honourable Parliamentarian, the Committee of Ministers recalls that, on 18 May 2009, its Chairman already publicly expressed concern about the action taken on the previous day against the organisers of the Parade. He also stated that the fact that this is not the first year such a situation has developed was of concern to him.

2.         The Committee also recalls its position regarding the enjoyment of freedom of assembly and freedom of expression for LGBT persons in the Russian Federation as expressed in its replies to Written Questions No. 527 and No. 558, which are useful reminders of the relevant human rights principles which must be observed in this matter:

“The Committee of Ministers recalls in particular that the rights to freedom of expression and freedom of assembly must be enjoyed by all without discrimination. While the Convention allows for restrictions on the exercise of the rights to freedom of expression and freedom of assembly, such restrictions must be prescribed by law and be necessary in a democratic society in the interest of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedom of others. According to the established case law of the European Court of Human Rights, peaceful demonstrations, be they in favour of the rights of lesbian, gay, bisexual and transgender (LGBT) persons or others, cannot be banned simply because of the existence of attitudes hostile to the demonstrators or to the causes they advocate. On the contrary, the state has a duty to take reasonable and appropriate measures to enable lawful demonstrations to proceed peacefully. In a series of judgments, the Court has emphasised that any discrimination based on sexual orientation is contrary to the Convention.[9] All member states must observe the Convention when they apply national law, notably in the light of the case law of the Court.”

3.         Like all member states, the Russian Federation has ratified the European Convention on Human Rights and is committed to guarantee respect for all Convention rights, notably in the light of the case law of the Court, to all individuals without discrimination.

4.         The Committee of Ministers also invites all member states to implement its Recommendation No. R (97) 20 on “hate speech” which asserts, in Principle 1 appended to the recommendation, that public authorities and institutions at national, regional and local levels have a “special responsibility to refrain from statements, in particular to the media, which may reasonably be understood as hate speech, or as speech likely to produce the effect of legitimising, spreading or promoting racial hatred, xenophobia, anti-Semitism or other forms of discrimination or hatred based on intolerance. Such statements should be prohibited and publicly disavowed whenever they occur”.

5.         The Committee of Ministers further recalls the message that was adopted at the 1031st meeting of the Ministers’ Deputies (2 July 2008) to strengthen the Council of Europe’s action to protect the rights of LGBT persons. The Steering Committee for Human Rights (CDDH), notably, has been asked to prepare a recommendation on measures to combat discrimination on grounds of sexual orientation and gender identity, ensure respect for the human rights of LGBT persons and promote tolerance towards them. In the light of the Court’s case law, freedom of expression and peaceful assembly will be among the topics covered by the recommendation.


Appendix 7

(Item 3.1c)

Reply to Written Question No. 568 by Mr Mogens Jensen: “Homosexual rights in Latvia”

(Adopted by the Committee of Ministers on 23 September 2009
at the 1066th meeting of the Ministers' Deputies)

1.         The Committee of Ministers has been informed that the resolution of the City Council of Riga referred to by the Honourable Parliamentarian has been overruled by the competent domestic court. As a result, the “Baltic Pride Parade” took place on 16 May as initially planned, and it proceeded without incidents.

2.         The Committee of Ministers welcomes this decision of the Latvian judicial authorities, which on several occasions have overruled decisions of local authorities banning LGBT events. From the perspective of the European Convention on Human Rights, national courts have indeed an essential role and responsibility in providing effective protection of the rights set out in the Convention. The Committee of Ministers recalls that all member states are committed to guarantee respect for all rights set out in the Convention, including the rights to freedom of expression and freedom of assembly, to all individuals without any discrimination when they apply national law, notably in the light of the case law of the European Court of Human Rights. While the Convention allows for restrictions on the exercise of these rights, according to the established case law of the Court, peaceful demonstrations, be they in favour of the rights of LGBT persons or others, cannot be banned simply because of the existence of attitudes hostile to the demonstrators or to the causes they advocate. On the contrary, the state has a duty to take reasonable and appropriate measures to enable lawful demonstrations to proceed peacefully.

3.         The Committee of Ministers further recalls the message that was adopted at the 1031st meeting of the Ministers’ Deputies (2 July 2008) to strengthen the Council of Europe’s action to protect the rights of LGBT persons. The Steering Committee for Human Rights (CDDH), notably, has been asked to prepare a recommendation on measures to combat discrimination on grounds of sexual orientation and gender identity, ensure respect for the human rights of LGBT persons and promote tolerance towards them. In the light of the Court’s case law, freedom of expression and peaceful assembly will be among the topics covered by the recommendation.


Appendix 8

(Item 4.3)

Reply to Parliamentary Assembly Recommendation 1853 (2008) on

“Involving men in achieving gender equality”

(Adopted by the Committee of Ministers on 23 September 2009
at the 1066th meeting of the Ministers' Deputies)

1.         The Committee of Ministers has taken note of Parliamentary Assembly Recommendation 1853 (2008) on Involving men in achieving gender equality and has brought it to the attention of member states’ governments. It has also transmitted the recommendation to the Steering Committee for Equality between Women and Men (CDEG).

2.         The Council of Europe has played a pioneer role in the field of equality between women and men, the main principles of which were established as early as November 1988 in the Committee of Ministers’ Declaration on Equality between Women and Men. As the Council of Europe is celebrating its 60th anniversary, the Committee of Ministers has strongly reaffirmed these principles by adopting the Declaration Making gender equality a reality, at its 119th Session held on 12 May 2009 in Madrid.

3.         The Committee of Ministers is therefore aware of the responsibility of the Council of Europe to develop a policy of equal opportunities in its Secretariat and to ensure a balanced representation of both sexes (not less than 40% according to Recommendation Rec(2003)3 on balanced participation of women and men in political and public decision making) in its steering committees and other bodies. It considers the involvement of men in equality between women and men as an essential element of the success of this policy.

4          In this context, the Committee of Ministers recognises the importance of the implementation of its Recommendation Rec(2003)3 as well as Recommendation Rec (81) 6 which already concerned the fair proportion of participation by women and men in committees and other organs established in the framework of the Council of Europe. The Committee of Ministers recalled these principles on the occasion of the thematic exchange of views on the action of the Council of Europe to promote equality between women and men in November 2008 (CM/Del/Dec(2008)1040/1.5), and encouraged member states to strive to establish more balanced lists of applicants between women and men at the time of the selection process for the various organs, bodies and committees of the Council of Europe. For further information about all of the decisions taken on this occasion, the Committee of Ministers invites the Assembly to refer to its reply to Recommendation 1819 (2007).[10]

5.         The Committee of Ministers also recalls its request to the Secretary General to draw up a report on the state of equality between women and men at the Council of Europe. This report will be an excellent indicator of the situation and allow consideration of ad hoc measures to be taken as necessary.


Appendix 9

(Item 4.4)

Reply to Parliamentary Assembly Recommendation 1875 (2009) on

“Reconsideration on substantive grounds of previously ratified credentials of the Ukrainian delegation (Rule 9 of the Assembly’s Rules of Procedure)”

(Adopted by the Committee of Ministers on 23 September 2009
at the 1066th meeting of the Ministers' Deputies)

1.         In reply to Recommendation 1875 (2009) adopted by the Parliamentary Assembly on 23 June 2009, recommending that the Committee of Ministers seek, without delay, an advisory opinion from the European Court of Human Rights, the Committee of Ministers observes that at the 1063rd meeting of the Ministers’ Deputies (8-9 July 2009) it agreed to ask the European Court of Human Rights for such an opinion on a number of questions (see Appendix).

2.         The Chairmanship of the Committee transmitted the request for an opinion to the European Court of Human Rights which acknowledged receipt of it by letter of 17 July 2009.

3.         The Committee of Ministers will inform the Parliamentary Assembly of the Court’s response to this request.

Appendix to the reply

Decisions CM/Del/Dec(2009)1063/4.5

“The Deputies

1.         agreed, under the terms of Article 47 of the European Convention on Human Rights, to request an advisory opinion from the European Court of Human Rights on the following questions:

a.         Can a list of three candidates, nominated by a High Contracting Party for election as a judge to the European Court of Human Rights in respect of the High Contracting Party and submitted to the Parliamentary Assembly, be withdrawn and replaced with a new list of three candidates by that High Contracting Party? If yes, is there any time limit?

b.         Can candidates for the post of judge at the European Court of Human Rights be considered as nominated by a High Contracting Party within the meaning of Article 22 of the European Convention on Human Rights if the list containing their names has been withdrawn by that High Contracting Party?

c.         Is the Parliamentary Assembly obliged to consider a list of candidates submitted by a High Contracting Party which replaces a list previously submitted but withdrawn by that High Contracting Party? 

2.         furthermore, they invited the Court to pronounce on the following two additional questions:

a.         If one or more candidates on a list of candidates submitted to the Parliamentary Assembly by a High Contracting Party withdraw(s) before the Parliamentary Assembly has voted on the list, is that High Contracting Party obliged under the European Convention on Human Rights to submit an additional candidate or candidates to complete the list or is it entitled to submit a new list?

b.         Are the conditions in paragraphs 1 and 2 of the Appendix to Resolution 1432 (2005) of the Parliamentary Assembly of the Council of Europe in breach of the Assembly’s responsibilities under Article 22 of the European Convention on Human Rights to consider a list, or a name on such a list, on the basis of the criteria listed in Article 21 of the Convention?”


Appendix 10

(Item 7.1)

Reply to Parliamentary Assembly Recommendation 1851 (2008) on

“Crafts and cultural heritage conservation skills”

(Adopted by the Committee of Ministers on 23 September 2009
at the 1066th meeting of the Ministers' Deputies)

1.         The Committee of Ministers has examined Parliamentary Assembly Recommendation 1851 (2008) on Crafts and cultural heritage conservation skills. It has communicated this recommendation to the governments of its member states so that they can draw on it and bring it to the attention of the bodies and players concerned and to the Steering Committee for Cultural Heritage and Landscape (CDPATEP), which made the comments appended to this reply.

2.         In respect of the intergovernmental co-operation for which the Council of Europe is responsible, and bearing in mind the priorities set on the occasion of the Third Summit of Heads of State and Government in May 2005, the Committee of Ministers notes that the transmission of skills to which the Assembly refers is one means of preserving in practice at grassroots level the diversity of cultural expression, and of reinforcing this.

3.         The Committee of Ministers recognises the importance of the maintenance of skills and the development of techniques, occupations and trades connected with the enhancement and conservation of cultural heritage. It also notes the benefits of conservation projects as a factor in local and regional development, with the creation of jobs, industrial and economic expansion and the safeguarding and improvement of the urban and rural living environment benefiting all population groups. In this context, the Committee of Ministers welcomes the activities with an international dimension carried out by various member states, to which the Assembly refers. It also wishes to mention the work done and the projects under way in the fields in question, particularly in the context of the Regional Programme on Cultural and Natural Heritage in South-East Europe, the Ljubljana Process for Funding Heritage Rehabilitation in South-East Europe, European Heritage Days, with the holding on 23 September 2009 of the second European Heritage Forum, in Ljubljana, and the Kyiv Initiative.

4.         With regard to the process of information exchange and consultation to which paragraph 13 of the Assembly recommendation refers, the HEREIN Network used for the implementation of the Council of Europe's heritage conventions could foster the pooling of information and the emergence of shared projects. However, bearing in mind the Organisation's budgetary constraints, the Committee of Ministers wishes to emphasise that any development along the lines set out in Recommendation 1851 (2008) will have to be the subject of a detailed examination in the context of the preparation of future programmes of activities.

Appendix to the reply

Comments by the Steering Committee for Cultural Heritage and Landscape (CDPATEP) on Recommendation 1851 (2008)

1.         The Steering Committee for Cultural Heritage and Landscape (CDPATEP) has taken note with great interest of Parliamentary Assembly Recommendation 1851 (2008) on “Crafts and cultural heritage conservation skills” and of the report on the subject by Baroness Hooper (Doc. 11761). It particularly welcomes the pertinence and clarity of that report, which recalls all the initiatives taken by the Council of Europe since the late 1970s, both reference texts and Committee of Ministers’ recommendations, the support given in the 1980s and 1990s to the “European Centre for the training of craftsmen in conservation of the architectural heritage” in Venice and, lastly, the reorientation of the European Foundation for Heritage Skills (FEMP), in 1995, which became the lead agency of a European network active in heritage skills.


2.         The CDPATEP is more than satisfied at the information in the Assembly report on the new image of the European Centre for Heritage Crafts and Professions now housed in the Villa Fabris in Thiene (Italy) with the support of the association “Confartigianato di Vicenza”. At the same time, it regrets the discontinuation, under the circumstances referred to by the Assembly, of the services provided by the FEMP, which had facilitated a series of multinational professional collaborative efforts to pass on skills with the help of European Union programmes and co-funding mechanisms. No similar such agency to develop shared skills projects has subsequently been set up in one or more of the Organisation’s member states, despite the relevance it would have in the area of in-service training.

3.         The CDPATEP shares the view expressed in Recommendation 1851 (2008) and by the Assembly rapporteur as to the importance of maintaining skills and of developing new competences, professions and skills in the area of heritage enhancement as a factor in local development, economic regeneration and job creation. This potential is by no means restricted to the prospects of cultural tourism and the conservation of various outstanding monuments. Consideration should be given to its true significance as a means of safeguarding and improving the urban and rural environment for the benefit of the entire population. Economic globalisation calls today for in-depth examination of the sustainable use of heritage resources in the light of serious ecological concerns and as a response to the right of people to a healthy environment. In addition to construction skills, account needs to be taken of the whole array of skills and professions associated with the built environment and the context of everyday life.

4.         In terms of initiatives to be taken in the future, the CDPATEP would recommend that the text of the Council of Europe Parliamentary Assembly report should be widely disseminated to the government departments responsible for culture, heritage, education, vocational training, the environment, small and medium-sized enterprises, and craft skills in member states as well as to appropriate NGOs. As regards intergovernmental co-operation under the aegis of the Council of Europe and the priorities of the Third Summit, the CDPATEP observes that the transmission of skills referred to by the Assembly, far from being ancillary, is a means of physically preserving a diversity of forms of cultural expression on the ground, and of strengthening them.

5.         While bearing in mind that the restricted nature of the Organisation’s budgetary resources makes it difficult to put into practice the various initiatives suggested by the Parliamentary Assembly, the CDPATEP puts forward the following suggestions for closer examination on the occasion of its Bureau session at the end of 2009 and during its plenary session in 2010:

a.         With regard to the exchange of information and concerted action recommended in paragraph 13 of the Assembly recommendation, extension of the HEREIN network used to implement Council of Europe heritage conventions could facilitate pooling of information and the emergence of shared projects. Working through that network could make it easier to establish a platform that brings together governmental public services, professional bodies and NGOs whose activities focus on training and the updating of vocational skills. Such an approach would consist of increasing awareness of needs and of fostering the creation of pilot projects to encourage advances in practice. A group of countries may also decide to come together at the 2010 plenary session of the CDPATEP to examine in greater detail during the following months the directions set out in Recommendation 1851 (2008);

b.         A small working group involving the Secretariat (DGIV and the Parliamentary Assembly) and experts from the heritage sector could also be set up in 2010 to study the point raised in paragraph 10 of Recommendation 1851 (2008) on how to follow up the cessation of FEMP activities and the steps to be taken if its earlier input is not to be lost.


Appendix 11

(Item 7.2)

Terms of reference of the Steering Committee for Culture (CDCULT) for 2010-2012

Fact sheet

Name of Committee:

Steering Committee for Culture (CDCULT)

Compliance with Resolution Res(2005)47:

YES

(These terms of reference are aligned with the findings of the recent study on steering committees, by the Committee of Ministers (2008/2009), in particular regarding full exploitation of the CDCULT’s unique role in providing guidance, standards and good practices for national policy making and legislation, as well as a comprehensive cultural policy information system – with the Council of Europe being the only European organisation with full competence and mandate in the cultural field.)

Programme of activities: project(s)

Programme V.3.1 – Implementing Council of Europe standards for culture and cultural heritage, and co-operation in priority regions (South-Eastern Europe, South Caucasus and Black Sea)

  • Project 2007/DG4/1142 – Kyiv Initiative

Programme V.3.2 – Promoting dialogue and cultural and natural diversity

  • Project 2005/DG4/434 – Cultural policies and governance for diversity, dialogue, access, participation and creativity

Programme V.4.1 – Intercultural dialogue – Follow-up to the White Paper on Intercultural Dialogue

  • Project 2008/DG4/1371 – Intercultural cities: governance and policies for diverse communities
  • Project 2009/DG4/2004 – Intercultural dialogue through arts and heritage

Project relevance:

1. Third Summit Action Plan Chapters

  • III.5 – Protecting and promoting cultural diversity
  • III.6 – Fostering intercultural dialogue

2. Contribution to core values

Agreements and common action on culture with a view to achieving greater unity between its members are part of the Council of Europe’s aims as set out in the Statute of the Organisation of 5 May 1949 (Article 1, Chapter 1). The political relevance of culture vis-à-vis the long-term mission of the Council of Europe is manifested through:

– culture’s close links to values on which the Council of Europe was founded and the role of culture in forging a Europe of solidarity and shared standards (“culture is at the heart of the mission of the Council of Europe”);


– democratisation and sustainable development, which are inextricably linked with cultural development and cultural policies (“building on culture to consolidate democracy”);

– cultural rights, which are an important part of human rights (“guaranteeing access to culture for all”);

– culture’s role in managing diversity democratically (“using diversity as a force for democracy”);

– culture’s role in promoting intercultural dialogue and contributing to conflict prevention (“working for dialogue and peace”).

3. Committee of Ministers’ decisions

Political justification/framework

·           European Cultural Convention (ETS No. 18) (adopted in Paris, on 19 December 1954);

·           Declaration adopted by the Ministers responsible for culture, education, youth and sport of the States Parties to the European Cultural Convention in Wrocław, on 9 and 10 December 2004;

·           Declaration and Action Plan adopted by the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005);

·           Faro Declaration on the Council of Europe's Strategy for Developing Intercultural Dialogue, adopted by the Ministers responsible for cultural affairs of the States Parties to the European Cultural Convention in Faro on 27 and 28 October 2005;

·           Memorandum of Understanding with the Alliance of Civilisations (29 September 2008), and extended Faro Open Platform (December 2008), now including ALECSO, UNESCO and the Alliance of Civilisations;

·           Recommendation 1758 (2006) of the Parliamentary Assembly of the Council of Europe on the “Follow-up to the Third Summit: priority for cultural co-operation” and reply adopted by the Committee of Ministers on 13 June 2007.

Consolidation, promotion and implementation of Council of Europe standards

·           Follow-up work to the European Cultural Convention (ETS No. 18), the European Convention on Cinematographic Co-production (ETS No. 147), the European Convention for the Protection of the Audiovisual Heritage (ETS No. 183) and its Protocol on the Protection of Television Productions (ETS No. 184) (once the latter two enter into force); follow-up to the Opatija Declaration on intercultural dialogue and conflict prevention, the Committee of Ministers’ Declaration on cultural diversity (2000) and its Recommendation Rec(2000)13 on a European policy on access to archives, as well as other guidelines;

·           Development and monitoring of non-binding standards (recommendations, good practices) in the cultural sector, with special attention to cultural governance, cultural diversity and intercultural dialogue, including follow-up to the White Paper on Intercultural Dialogue.


Relevance to national strategies and country-specific needs of Council of Europe member states

·           Cultural Policy Review Programme (29th exercise underway) providing comprehensive analysis and technical assistance as requested by member states;

·           Targeted cultural policy assistance to member states and contribution to regional co-operation programmes, such as the Kyiv Initiative Regional Programme: Black Sea and South Caucasus.


Timeliness of projects (examples)

·           Cultural Routes: programme to contribute to public awareness of shared heritage and promoting intercultural dialogue;

·           Recognising cultural events: raising awareness of the Council of Europe’s values, priorities and key messages, including intercultural dialogue and cultural diversity, by awarding labels to innovative artistic projects and developing exhibitions and special events;

·           Policy review: sectoral or transversal review of subjects relating to cultural policy, as requested by member states ;

·           “CultureWatchEurope”: a consolidation of existing instruments to improve efficiency and increase awareness of current cultural policy issues.

Project added value:

1.   Council of Europe as a leading agency and most important facilitator (examples)

  • The CDCULT has a pioneering role in cultural policy development and enhancing standards at European level. Based on its expertise, it has conceived innovative tools and projects that reflect the added value of intergovernmental work between member states;
  • An example is the information and monitoring system of the Compendium of Cultural Policies and Trends in Europe, which provides comparative data, analysis and good practice case studies to enhance cultural policies at national, regional and local levels. The importance of this project was underlined in the replies to the questionnaire of the study run on steering committees, by the Committee of Ministers in 2008/2009.

2.   Project covering “new ground” (example)

  • Intercultural Cities is an innovative project to enhance democratic governance of cultural diversity, build capacity and raise awareness of diversity and dialogue issues at a local level, involving 12 cities during the pilot phase. It will be extended during the main phase of the project as of 2011 (in association with the Congress of Local and Regional Authorities of the Council of Europe and appropriate external partners and networks).


3.   Possibility of partnerships with other international organisations (examples)

  • Intercultural Cities is run as a joint project with the European Commission;
  • To increase co-operation between UNESCO, the European Union and the Council of Europe, the Compendium system could be used in the follow-up at European level to the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005);
  • The Compendium is also open to co-operation with other international bodies interested in creating similar information systems in Europe’s neighbouring regions;
  • Co-operation opportunities exist as a result of the Memorandum of Understanding with the Alliance of Civilisations, as well as in the framework of the Faro Open Platform.

Financial information:

Annual budget:

  • €47 700 for travel and subsistence expenses for participation of delegates (plenary meeting: 49 delegates, bureau meeting: 8 delegates) in the two meetings mentioned below;
  • €7 400 for interpretation, €1 500 for production of documents and postage and €7 000 for translation.

Number of meetings per year:

  • one plenary meeting of 2 days;
  • one bureau meeting of 2 days.

Number of participants:

  • delegates from 49 European states plus 20 other persons (participants from Council of Europe bodies, other participants from the European Commission, observer states, intergovernmental organisations, observers, experts).

Terms of reference for the Steering Committee for Culture (CDCULT) for 2010-2012

1.

Name of Committee:

Steering Committee for Culture (CDCULT)

2.

Type of Committee:

Steering Committee

3.

Source of terms of reference:

Committee of Ministers

4.

Terms of reference:

Having regard to:

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods (adopted by the Committee of Ministers on 14 December 2005 at the 951st meeting of the Ministers’ Deputies);

the Warsaw Declaration and Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), in particular chapters III.5 – “Protecting and promoting cultural diversity” and III.6 – “Fostering intercultural dialogue”;

the European Cultural Convention (adopted in Paris on 19 December 1954);


the declaration adopted by the Ministers responsible for culture, education, youth
and sport of the States Parties to the European Cultural Convention (Wrocław,
9-10 December 2004);

the Faro Declaration on the Council of Europe's Strategy for Developing Intercultural Dialogue adopted by the Ministers responsible for cultural affairs of the States Parties to the European Cultural Convention in Faro on 27 and 28 October 2005;

the Memorandum of Understanding with the Alliance of Civilisations (29 September 2008);

the Open Platform of inter-institutional co-operation for intercultural dialogue (“Faro Platform”) (2 December 2008), to which ALECSO, UNESCO and the Alliance of Civilisations participate;

Recommendation 1758 (2006) of the Parliamentary Assembly of the Council of Europe on the “Follow-up to the Third Summit: priority for cultural co-operation” and reply adopted by the Committee of Ministers on 13 June 2007;

The Memorandum of Understanding between the Council of Europe and the European Union
(11 May 2007);

Within the framework of the Programme of Activities, under Programmes V.3.1 – Implementing Council of Europe standards for culture and cultural heritage, and co-operation in priority regions (South-Eastern Europe, South Caucasus and Black Sea); V.3.2 – Promoting dialogue and cultural and natural diversity; V.4.1 – Intercultural dialogue – Follow-up to the White Paper on Intercultural Dialogue; and bearing in mind the criteria set out in document CM(2006)101-final, the Committee is instructed to:

i.

concentrate its action on cultural policies, good governance in culture, the management of cultural diversity and intercultural dialogue with the key functions of devising/monitoring standards and policies, building capacity and awareness raising. This includes specifically to:

·      conceive and develop cultural policies through examination of local/regional/national policies and trends, as well as comparative transversal and sectoral studies, and provide policy recommendations; knowledge transfer through provision of policy information systems and sharing of good practices; cultural co-operation/action (such as the Cultural Routes Programme promoting intercultural dialogue) and pilot projects;

·      assist in the implementation of these cultural policies through targeted assistance and capacity‑building activities, as well as regional co-operation initiatives;

·      develop, as appropriate, European standards, principles and good practices, in particular regarding the promotion of:

-      good governance in culture and the democratic management of diversity, inter alia, through intercultural dialogue;

-      access to and participation in culture;

-      enhancement of creativity;

·      implement standard-setting instruments and standards in the field of culture, notably:

-      the European Cultural Convention (1954);

-      the European Convention on Cinematographic Co-production (1992);

-      the European Convention for the Protection of the Audiovisual Heritage (2001);

-      the Protocol to the European Convention for the Protection of the Audiovisual Heritage on the Protection of Television Productions (2001);

-      any other legal instruments and tools, available or to be prepared, such as recommendations, declarations or good practice collections;

·      assume a role in observing cultural governance by overseeing information/monitoring systems;

ii.

organise the conferences of European Ministers responsible for cultural affairs of the Council of Europe and ensure their follow-up;

iii.

taking into consideration the progress of work and paying particular attention to the relevance of its activities to the core values of the Council of Europe, develop, under its own responsibility, proposals for the Programme of Activities for the years to come;

iv.

co-ordinate its work with that of other committees and relevant Council of Europe bodies in order to ensure the highest possible level of synergy;

v.

contribute to the conception and implementation of transversal activities related to its area of competence, in particular with the Steering Committee for Cultural Heritage and Landscape (CDPATEP);

vi.

contribute to the dissemination of the results of this work, utilising them to the best possible effect, especially to the benefit of appropriate civil-society bodies and structures of each country.

5.

Composition of the Committee:

5.A

Members

i.

Governments of member states of the Council of Europe and of other states having acceded to the European Cultural Convention shall be entitled to appoint representatives of the highest possible rank responsible for cultural policies and action. Each of these states shall have one vote.

ii.

The Council of Europe budget shall bear the travel and subsistence expenses of one representative of each State Party (two in the case of the state whose representative has been elected Chair).

5.B

Participants

i.

The CDPATEP may send one (or more) representative(s) to meetings of the Committee, without the right to vote and at the expense of the corresponding heads of the Council of Europe budget.

ii.

The Parliamentary Assembly may send one (or more) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iii.

The Congress may send one (or more) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

5.C

Other participants

i.

The European Commission may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses.

ii.

The following states with observer status with the Council of Europe may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses:

- Canada;

- Japan;

- Mexico;

- United States of America.


iii.

The “Education and culture” group of INGOs which has participative status with the Council of Europe may send one (or more) representative(s) to meetings of the Committee, without the right to vote or the reimbursement of their expenses.

iv.

The following intergovernmental organisations may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

- United Nations Educational, Scientific and Cultural Organisation (UNESCO);

- Organisation for Economic Co-operation and Development (OECD);

- Organisation for Security and Co-operation in Europe (OSCE);

- European Free Trade Association (EFTA);

- Nordic Council of Ministers;

- Arab League Educational, Cultural and Scientific Organisation (ALECSO).

5.D

Observers

The following non-member state of the Council of Europe:

- Israel;

and the following non-governmental organisations:

- European Cultural Foundation (ECF);

- European Cultural Centre in Delphi;

- Culture Action Europe (previously: European Forum for the Arts and Heritage/EFAH);

- European Network of Cultural Administration Training Centres (ENCATC);

- European Roma and Travellers Forum (ERTF);

may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

6.

Working methods and structures:

Within its terms of reference, the Committee elects a Bureau of eight members.

In order to pursue its tasks, the Committee may have recourse to ad hoc meetings of limited numbers of its members, consultants and/or cultural policy experts, within its available budgetary resources.

The Chair may, with the Committee's agreement and subject to the conditions and terms decided by it, invite persons with particular expertise in cultural matters to attend meetings, without the right to vote and within its available budgetary resources.

The Committee and its Bureau shall organise their work in accordance with the provisions applicable to intergovernmental co-operation structures laid down by the Committee of Ministers.

                                                                                        

7.

Duration:

These terms of reference will expire on 31 December 2012.


Appendix 12

(Item 7.2)

Recommendation CM/Rec(2009)7
of the Committee of Ministers to member states
on national film policies and the diversity of cultural expressions

(Adopted by the Committee of Ministers on 23 September 2009

at the 1066th 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 in order to safeguard and promote the ideals and principles which form their common heritage;

Reaffirming the fundamental importance of freedom of expression and of safeguarding diversity as common European ideals;

Considering the European Convention on Cinematographic Co-Production (ETS No. 147) and the vital contribution of the European Support Fund for the Co-production and Distribution of Creative Cinematographic and Audiovisual works “Eurimages” to European film culture;

Taking into account its Resolution Res (97) 4 on confirming the continuation of the European Audiovisual Observatory, created with the mission to improve the transfer of information within the audiovisual industry and to promote a clearer view of the market and a greater transparency;

Considering the European Convention on Transfrontier Television (ETS No. 132), which foresees specific measures to ensure the broadcasting of European works;

Considering the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Paris, 20 October 2005), which recognises cultural diversity as a defining characteristic of humanity and strives to strengthen the creation, production, dissemination, distribution and enjoyment of cultural expressions;

Taking into account the Memorandum of Understanding between the Council of Europe and the European Union of 11 May 2007, and its potential to strengthen information exchange and co-operation in relation to audiovisual policies;

Affirming, in the spirit of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, that film has both an economic and a cultural nature so that making a distinction between cultural films and commercial films is neither possible nor desirable;

Aware that film is an important means of cultural and artistic expression with an essential role in upholding the freedom of expression, diversity and creativity, as well as democratic citizenship;

Recalling Parliamentary Assembly Recommendation 1674 (2004) on “Challenges facing the European audiovisual sector”, which states that the European audiovisual sector remains in a precarious state and that the real challenge facing this sector at present is to combine the artistic creativity and cultural diversity of European works with a truly European dimension, in terms of the cultural values that these represent and in terms of their market reach;

Taking into account the results of the Council of Europe Forum “Shaping policies for the cinema of tomorrow” held in Cracow from 11 to 13 September 2008;


Asserting that national and regional policy makers and film bodies are responsible for putting in place policies that cover not only production but all aspects of the film value chain (development, production, distribution and marketing, screening, media literacy and training, access to audiences and film heritage) and that they encompass not only financial support but also regulation, research and data collection ;

Affirming that it is notably through its ability to reach distinct audiences that film fulfils its cultural goals, in particular in relation to cultural diversity, and that film policies should seek to facilitate film’s access to audiences;

Aware that globalisation and market developments, technological developments and changing audience behaviour require constant adaptation of film policies in order to ensure that they continue to fulfil their goals,

Recommends that governments of member states:

a.         use every available means in accordance with their constitutions and their national, regional or local circumstances to take into account the principles and implement the measures set out in the appendix to this recommendation with respect to the development of their film policies;

b.         bring this recommendation to the attention of the relevant public and private bodies in their countries through the appropriate national channels;

c.         use the existing Council of Europe cultural policy information tools to follow up on this recommendation, including knowledge transfer and the exchange of good practice;

d.         reinforce the positive impact of the European Convention on Cinematographic Co-production, the goal of which is to foster transnational co-operation in the cinema sector by reviewing this instrument with the view of ensuring its long-term effectiveness;

e.         co-operate in the framework of the Council of Europe and, where appropriate, with other international organisations with common objectives and goals in the cultural field, in particular in the audiovisual field, in order to:

i.          study the possibility of developing a set of common goals and indicators, as well as common evaluation and benchmarking tools and guidelines for film policies, that could be used by member states on a voluntary basis;

ii.          consider future opportunities to continue the discussion, at European level, on key principles and issues for film policy in order to support the implementation of the measures and objectives set out in this recommendation and in other relevant legal texts of the Council of Europe and of the European Union in the field of film policy, creative industries and cultural diversity;

Asks the Secretary General of the Council of Europe to bring this recommendation to the attention of States Parties to the European Cultural Convention (ETS No. 18) which are not members of the Council of Europe.


Appendix to Recommendation CM/Rec(2009)7

Context

1.         The conditions under which European films are financed, produced and accessed are undergoing massive change. While new opportunities are apparent, in particular as a function of technological progress and its potential impact on more diverse and improved access to film, most of the prevailing business models are obsolete and European films are struggling to obtain fair representation on screens worldwide.

2.         While there is a longstanding consensus on the economic and cultural importance of having strong film production in Europe, it is clear that such production can be maintained and strengthened only if there is an increased emphasis on the effectiveness and efficiency of film policies and the optimisation of the use of resources at all levels.

3.         Relevant European organisations and discussion fora allow the opportunity for the enhancement of synergies between national film policies and are a framework for continuous learning and the exchange of good practices.

4.         A review of national film policies taking into account market and technology changes is needed to improve policy decisions that in turn will determine whether and to what extent the changes will be beneficial to the specificity and quality of European film.

Purpose

5.         This appendix provides general guidelines for the review of national film policies with the aim of furthering their development and increasing their effectiveness in a changing audiovisual environment. The following priority areas have been identified: I) developing a comprehensive approach to film policies; II) addressing film development and production; III) improving the regulatory frameworks for co-production and co-distribution; IV) encouraging the distribution and circulation of European films ; V) European cinema and young people; VI) realising the full potential of digital technologies; and VII) transparency and accountability.

I. Developing a comprehensive approach to film policies

6.         Film policies should place emphasis on the different stages of the film value chain.

7.         The role of public film bodies is to develop, implement and evaluate these policies, through funding, regulation and other appropriate means.

Recommended measures

8.         National and (where appropriate) regional film authorities in Europe should in general:

–          develop comprehensive film policies which address not only production, but also training, development, distribution, promotion and exploitation, as well as education and film heritage, in order to increase the chances of European films reaching audiences. Film policies should have clear principles and goals; combine continuity and adequate, evidence-based review mechanisms; dispose of clear and effective rules and instruments with a strong emphasis on transparency and accountability;

–          ensure that the objectives of film policies and the specificity of audiovisual products are duly taken into account when devising and implementing other policies and regulations, and in particular in the areas of education, intellectual property rights, media, competition and trade. To that end, better co-ordination should be sought between the public bodies in charge of these policy areas, at regional, national and European levels;


–          encourage film policy bodies to exchange, develop and implement common objectives and good practices;

–          engage, on a voluntary basis and in a spirit of co-operation and solidarity, in transnational initiatives aimed at making best use of financial support available at the European level and in particular at enhancing the user-friendliness, efficiency and operational complementarity of regional, national and European public financing and other forms of support;

–          ensure that films that have been financed with public funds can be collected, preserved, restored and made available for cultural and educational purposes by recognised film heritage institutions. For example, film producers who have received public funding could be asked to agree that film heritage institutions arrange cultural screenings of those films without having to pay any fee.

II. Addressing film development and production

9.         Public funds should reduce the risks linked to development for producers and, if possible, make a more effective use of production funding by providing adequate development funding.

10.        In particular, development support should encourage the emergence of new talent and innovation.

11.        Film policies should reward producers and distributors for taking greater responsibility for the results of their films. Therefore, producers and distributors should be encouraged to set up common strategies, as early as possible in the production process, with a view to better taking into account promotion and distribution costs and to developing realistic distribution strategies.

12.        Film policies should adopt a comprehensive and structured approach to helping companies to grow, for instance by providing the opportunity for the funding of slates of films and facilitating access to finance.

III. Improving the regulatory frameworks for co-production and co-distribution

13.        Co-production and co-distribution foster artistic and technical co-operation across borders and contribute to transnational circulation of films. Encouraging the conclusion of co-production and co‑distribution agreements and ensuring their effective implementation are instrumental in promoting cultural diversity through film production. The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions recognises the contribution of co-productions to diversity and invites Parties to encourage the conclusion of co-production and co-distribution agreements (Article 12.e).

14.        A range of opportunities exist for co-production in Europe and between European and non-European producers, but co-production rules in Europe need to support films’ artistic aims properly and to contribute as much as possible to the cross-border distribution of films.

15.        The European Convention on Cinematographic Co-Production could advance these two objectives. It might need to be reviewed to fully take into account the changes that are taking place in how films are made, distributed and viewed, as well as the overall objectives of film policy.

Recommended measures

16.        Member states should engage in a review of the European Convention on Cinematographic Co‑Production to take into account new developments in markets, in technologies and in co-production practices.

17.        States should also turn their attention to supporting slates of co-productions.


18.        The circulation of co-produced works in each of the territories could be enhanced by making public funding conditional upon the existence of a realistic distribution plan.

IV. Encouraging the distribution and circulation of European films

19.        European countries produce a wealth of films, but many of them encounter severe difficulties in reaching audiences, being in effect “crowded out” by productions from dominant players. The potential for cultural diversity of European film is therefore not being fully realised.

Recommended measures

20.        While maintaining their commitment to supporting the circulation of films in cinemas, public policies should take account of how, film is consumed in the digital age. Public policies should also fully embrace the role that broadcasters (in particular public-service broadcasters), video on-demand providers and festivals play – or can play – in the circulation of films.

21.        Linguistic barriers are ones that can be largely overcome by technology. Therefore, providing support for the subtitling and dubbing of films, in particular those intended for digital distribution, should be a priority.

22.        All operators involved in the distribution of audiovisual content have a role to play in the development and implementation of film policy objectives. Such operators need to define and implement clear strategies to contribute to film policy goals relating not only to the financing of production, but also to the promotion of films and of film culture.

23.        Member states should consider the possibility of improving the monitoring of the cultural objectives of the European Convention on Transfrontier Television in order to assess whether those objectives have a positive impact on the circulation of European films.

V. European cinema and young people

24.        Particular attention needs to be paid to measures aimed at children and young people: the films they watch, how they watch them and how they engage with film culture. The development of audiences which appreciate the diversity of European films and actively seek such films is crucial to the success of European film. The objective is not to support films specifically produced for young audiences, which is a separate issue, but rather to bring quality films to young audiences, with a view to teaching them about the variety and richness of film culture.

25.        Film education is essential for the development of young audiences. It is important to provide film education both within the curriculum and through out-of-school activities. Within schools, the objective is to bring films to young audiences (discovering a film and making comments about it and analysing it). Outside school, several objectives can be advanced: encouraging film practice (through the organisation of specific workshops with a view to training young people in film programming, film direction, etc.) and nurturing the “film experience” (through taking them to cinema screenings).

Recommended measures

26.        Public film policies should actively support the production and distribution of films for young audiences.

27.        Film education should be included in the curriculum in schools and film education initiatives should be developed both inside and outside school. Film education should preferably include the cinema experience.


28.        Obstacles to the use of film in school should be removed, for instance by providing adequate equipment and facilitating licensing or special pricing. Producers of publicly supported films could be asked to agree to the educational use of their films as a condition for receiving public funding.

29.        Instruments to facilitate the transborder circulation of European films for young audiences should be adopted or reinforced, for instance a video-on-demand service for children and young people both within and outside the educational environment, a European film education network and a European children’s channel.

30.        Public funding for the dubbing and subtitling of children’s film should be a priority.

VI. Realising the full potential of digital technologies

31.        Digital technologies are having an impact on the whole value chain, leading to new ways of creating, producing, distributing and accessing film, and offering new opportunities such as better quality of screening, increased flexibility of programming, and direct access to much wider film catalogues – at any time, and anywhere.

32.        These benefits do not, however, flow automatically from the technology. Technology in itself cannot secure the circulation of European films.

33.        More specifically, many European cinemas are struggling to switch to digital, in particular those with one or only a few screens.

Recommended measures

34.        Robust, well informed public policies relating to digitisation in every phase of the value chain need to be developed urgently in every State Party to the European Cultural Convention.

35.        Public policies should urgently and proactively take into account the need to support the emergence of business models for digital film and the development of new platforms and services for European cinema.

36.        Such models should respect the diversity and specificity of cinemas in Europe and of their programming, and make sure that distributors keep control of release plans. Models should also ensure that all theatres wishing to engage in such a “digitisation process” can do so in a co-ordinated way, and within a reasonable timeframe.

37.        European participation in the ongoing international digital cinema standards definition process should be strengthened and enforcement of these standards should be ensured.

38.        Public intervention, including public-private partnerships, is essential to avoid further reduction of the screen space for European film.

39.        Public policies should also:

−          provide incentives for producers and distributors to take advantage of the opportunities that digital distribution offers;

−          facilitate transborder distribution of film in digital format;

−          review the release-window system to maximise the potential of digital distribution in all its forms;

−          encourage people to copy digital films via legal means and combat film theft and infringement of copyright;

−          encourage the accessibility of European film heritage through Europeana.


VII. Transparency and accountability

40.        Transparency and accountability are key elements of effective policy making. The current level of transparency should not be considered as satisfactory: for example, vital data, related to film distribution on DVD, on television and through new on-demand services, or the presence of European film on international markets, are either too limited or not available.

41.          Evaluation of performance and the results obtained, both cultural and economic, provides the basis for demonstrating the value of film policies and their further improvement.

42.          Comprehensive, reliable and up-to-date data on the sector will furthermore contribute to a more favourable environment for private investment and for bank involvement in the sector.

Recommended measures

43.        Both the providers and the recipients of public support should have the duty to ensure that the information is available to permit the proper evaluation and the fair remuneration of owners of copyright and the repayment of public loans.

44.        In a context of growing competition between the various stakeholders, voluntary disclosure of data appears insufficient to ensure transparency. Therefore, regulatory intervention may be required both to ensure fair play and the accuracy, availability and disclosure of data, while securing the legitimate confidentiality of individual companies.

45.        Public authorities in charge of film policies should be empowered to collect, process and make public, relevant data on all aspects of film production, distribution and exploitation, and be provided with sufficient resources to perform this task on the basis of sound methodology, as proposed by the European Audiovisual Observatory and the European Film Agency Research Network.

46.        Governments should strengthen the position of the European Audiovisual Observatory and its ability to rise to the challenges of the audiovisual markets and technological change.


Appendix 13

(Item 7.4)

Reply to Recommendation 266 (2009)

of the Congress of Local and Regional Authorities of the Council of Europe on

“The future of cultural tourism – towards a sustainable model”

(Adopted by the Committee of Ministers on 23 September 2009

at the 1066th meeting of the Ministers’ Deputies)

1.         The Committee of Ministers has considered Recommendation 266 (2009) of the Congress of Local and Regional Authorities of the Council of Europe on “The future of cultural tourism – towards a sustainable model”. It has brought it to the attention of governments of member states and has communicated it to the different committees competent in this area.[11]

2.         The Committee of Ministers shares the general views of the Congress on the importance of cultural tourism from the standpoint of dialogue and mutual understanding between communities and the quest for sustainable development models designed to preserve local cultural resources for future generations. It notes that this approach is in line with the work carried out by the Steering Committee for Culture (CDCULT) and the Steering Committee for Cultural Heritage and Landscape (CDPATEP). It also notes the contribution made in this area by the Committee of Senior Officials of the Council of Europe Conference of Ministers responsible for Spatial/Regional Planning (CEMAT) and draws the Congress’ attention to the comments made by the CEMAT (see Appendix to this reply). 

3.         In the heritage sector, the Council of Europe has developed a set of standards and principles, such as Recommendation Rec(2003)1 of the Committee of Ministers to member states on the promotion of tourism to foster the cultural heritage as a factor for sustainable development, which establishes an approach and means of action and management methods aimed at striking a fair balance between local economic development and the specific requirements of integrated heritage protection.

4.         The Framework Convention on the Value of Cultural Heritage for Society (Faro, 2005) should also be mentioned. Article 7 of the convention draws attention to the contribution of heritage to dialogue, since heritage interpretation and education can play a key role in highlighting diversity and in conflict prevention. The Committee of Ministers encourages member states that have not yet done so, to consider signing or ratifying the Faro Convention, in order to ensure its entry into force as soon as possible. Finally, reference should be made to the Convention on the Protection and Promotion of the Diversity of Cultural Expressions adopted by UNESCO in October 2005, which is also relevant to the objectives expressed by the Congress. 

5.         The CDCULT and the CDPATEP work together to promote the implementation of these principles through particularly representative activities such as the Council of Europe Cultural Routes Programme and European Heritage Days. The CDCULT contributes also to overseeing the work of the Kyiv Initiative, which is a model project for implementing the principles of Congress Recommendation 266 (2009) in a hands-on cultural and heritage project context in five European countries (Armenia, Azerbaijan, Georgia, Moldova and Ukraine), and includes a key element on sustainable cultural tourism (wine cultural routes). The issue of sustainable cultural tourism was dealt with in the framework of the conference on “Culture and development – 20 years after the fall of communism in Europe” (Krakow, 4-6 June 2009). As to the CDPATEP, it is required, under its terms of reference which cover both cultural heritage and landscapes, to contribute to the joint efforts to identify and disseminate good practices in matters of sustainable cultural tourism, notably by monitoring the implementation of the Council of Europe's conventions on cultural heritage and the landscape and by utilising the interactive working tool constituted by the HEREIN information system.


6.         The Committee of Ministers considers that all of these Council of Europe activities represent a substantial acquis and provide an interesting contribution to the mastery of balanced cultural tourism.

Appendix to the reply

Comments from the Committee of Senior Officials of the Council of Europe Conference of Ministers responsible for Spatial/Regional Planning (CEMAT)

The Committee of Senior Officials of the CEMAT:

–          shares the concern of the Congress of Local and Regional Authorities of the Council of Europe as to the need to promote cultural tourism as a sustainable model;

–          recalls that the Guiding Principles for sustainable spatial development of the European continent, as defined in Recommendation Rec(2002)1 of the Committee of Ministers to member states, refer to the 7th Principle devoted to “Enhancing the cultural heritage as a factor for development”, with the following statements:

“41.       Increasing the appeal of localities and regions for investors, tourists and the general public by enhancing the cultural heritage makes an important contribution to economic development and to strengthening regional identity.  Spatial development policy should contribute to integrated management of the cultural heritage conceived as an evolutionary process protecting and conserving the heritage and taking into account the needs of modern society.  Many countries contain monuments to and bear traces of various artistic schools and movements, reflected, for example, in the Renaissance route, the routes of the Reformation and Counter-Reformation, the Venetian, Byzantine and Ottoman routes, the Hanseatic and Viking routes, the Art Nouveau and Modern Art routes.  Their identification and the development of common approaches to conservation, restoration and use should be the subject of a great cultural routes programme.  In the same way, valuable heritage forming part of European industrial and social history could be included in the cultural routes and so be preserved for the benefit of future generations.  Not only conservation of the past is at stake, but also harmony and creativity in the spatial relationship between modern architecture, urban design and the traditional heritage.

42.        In many member states, there are aspects of the cultural and historical heritage which, on account of historical changes, events and changing frontiers, belong not just to one but to several nations, language communities and religious groups, some of whom no longer even live in the regions concerned.  Spatial development policy has to preserve and respect the memory of every nationality, language community and religious group which has created a specific aspect of cultural heritage.”

–          recalls that the Ljubljana Declaration on “The territorial dimension of sustainable development” adopted by the Ministers responsible for Regional Planning at the 13th session of the CEMAT (Ljubljana, 17 September 2003), points out that the Guiding Principles for sustainable spatial development of the European continent introduced a fourth dimension to the three classical elements of sustainable development (economic sustainability, environmental sustainability and social sustainability) – that of cultural sustainability.

–          confirms its commitment that spatial development policies still promote and enhance cultural and sustainable tourism, and decides to reaffirm this wish at the 15th session of the CEMAT, to be held in Moscow, on “Future challenges: sustainable development of the European continent in a changing world“ (Russian Federation, 2010).


Appendix 14

(Item 10.5b)

Recommendation CM/RecChL(2009)4
of the Committee of Ministers
on the application of the European Charter for Regional or Minority Languages by Armenia

(Adopted by the Committee of Ministers on 23 September 2009
at the 1066th meeting of the Ministers’ Deputies)
 

The Committee of Ministers,

In accordance with Article 16 of the European Charter for Regional or Minority Languages;

Having regard to the instrument of ratification submitted by Armenia on 25 January 2002;

Having taken note of the evaluation made by the Committee of Experts on the Charter with respect to the application of the Charter by Armenia;

Having taken note of the comments made by the Armenian authorities on the contents of the Committee of Experts' report;

Bearing in mind that this evaluation is based on information submitted by Armenia in its national report, supplementary information provided by the Armenian authorities, information submitted by bodies and associations legally established in Armenia and information obtained by the Committee of Experts during its “on-the-spot” visit,

Recommends that the authorities of Armenia take account of all the observations of the Committee of Experts and, as a matter of priority:

1.         develop a structured policy to make available sufficient teacher training and updated teaching materials in Assyrian, Yezidi and Kurdish at all levels;

2.         ensure the use of regional or minority languages before courts and inform courts and the public of the rights and duties related to Article 9 of the Charter;

3.         take measures to improve the presence of Assyrian and Greek on radio, and of Assyrian, Yezidi and Kurdish on television;

4.         clarify whether there are regional or minority languages used in Armenia other than those mentioned in Armenia’s instrument of ratification.


Appendix 15

(Item 10.5c)

Recommendation CM/RecChL(2009)5
of the Committee of Ministers
on the application of the European Charter for Regional or Minority Languages by Cyprus

(Adopted by the Committee of Ministers on 23 September 2009
at the 1066th meeting of the Ministers’ Deputies)
 

The Committee of Ministers,


In accordance with Article 16 of the European Charter for Regional or Minority Languages;

Having regard to the declarations submitted by Cyprus on 3 August 2005 and 5 November 2008;

Having taken note of the evaluation made by the Committee of Experts on the Charter with respect to the application of the Charter by Cyprus;

Bearing in mind that this evaluation is based on information submitted by Cyprus in its second periodical report, supplementary information given by the Cypriot authorities, information submitted by bodies and associations legally established in Cyprus and the information obtained by the Committee of Experts during its “on-the-spot” visit;

Having taken note of the comments made by the Cypriot authorities on the contents of the Committee of Experts' report,

Recommends that the Cypriot authorities take account of all the observations of the Committee of Experts and, as a matter of priority:

1.         adopt a structured policy for the protection and promotion of the Armenian and Cypriot Maronite Arabic languages;

2.         make the policy for financial support to the Armenian and Cypriot Maronite Arabic languages more targeted and transparent;

3.         strengthen the teaching in and of Cypriot Maronite Arabic;

4.         provide teacher training for Armenian and Cypriot Maronite Arabic.


Appendix 16

(Item 10.8)

Terms of reference of the Ad hoc Committee for the revision of the Convention on Mutual Administrative Assistance in Tax Matters (ETS No. 127) (CAHTAX)

Fact sheet

Name of Committee:

Ad hoc Committee for the revision of the Convention on Mutual Administrative Assistance in Tax Matters (ETS No. 127) (CAHTAX)

Compliance with Resolution Res(2005)47:

No.

The principle of non-repayment of members’ travelling and subsistence expenses by the Council of Europe is established in Article 6 of the terms of reference, in derogation of Article i. of Appendix 2 to Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods.[12]

Programme of Activities: project

Programme II.2.2 – Public and private law and implementation of standards.

Project 2008/DGHL/1427 – Public and private law reform and implementation of standards.

Project relevance:

Third Summit Action Plan Chapters

Chapter I.3: Promoting common fundamental values: Human rights, rule of law and democracy Strengthening democracy, good governance and the rule of law in member states.

Chapter II.2: Strengthening the security of European citizens Combating corruption and organised crime.

Contribution to core values

In Resolution No. 3 on Council of Europe action to promote the rule of law adopted by the Ministers of Justice of the Council of Europe at their 29th conference on and 19 June 2009, the Ministers “invitedthe Committee of Ministers to consider measures to strengthen international co-operation between states in administrative matters, while providing adequate safeguard for the rights of individuals and their privacy, including an examination of existing Council of Europe conventions in this field with a view to reviewing them if necessary.” Revision of the Convention ETS No. 127 would be a follow-up to paragraph 16 of this resolution.

Political justification/framework

An international consensus is emerging in favour of more effective international co-operation to combat tax evasion. Work on this project would inevitably raise the visibility of the Council of Europe and testify its readiness to reply quickly to new challenges.

Consolidation, promotion, implementation of Council of Europe standards

The revision of Convention ETS No. 127 could be seen as an opportunity to strengthen this instrument from the point of view of the combat against money laundering, while at the same time ensuring protection of individuals and their rights.


Project added value:

By revising Convention ETS No. 127, the Council of Europe would meet modern challenges by a quick legislative action, carried out jointly with the Organisation for Economic Co-operation and Development (OECD).

Financial information:

Participation of a representative of the European Committee on Legal Co‑operation (CDCJ): €1 500

Participation of a representative of the Consultative Committee of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (T-PD): €1 500

Participation of a representative of the Committee of Experts on the Evaluation of Anti-Money Laundering and the Financing of Terrorism

(MONEYVAL): €1 500

Secretariat mission: 3 members of the Secretariat: €2 500

Estimated total budget : €7 000

Terms of reference of the Ad hoc Committee for the revision of the Convention on Mutual Administrative Assistance in Tax Matters (ETS No. 127) (CAHTAX)

1.

Name of Committee:

Ad hoc Committee for the revision of the Convention on Mutual Administrative Assistance in Tax Matters (ETS No. 127) (CAHTAX)

2.

Type of Committee:

Ad hoc Committee

3.

Source of terms of reference:

Committee of Ministers

4.

Terms of reference:

Having regard to:

-   Resolution Res(2005)47 of the Committee of Ministers on committees and subordinate bodies, their terms of reference and working methods;

-   Declaration and Action Plan of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), in particular Chapter II.2: “Strengthening the security of European citizens Combating corruption and organised crime”;

-   Resolution 1651 (2009) of the Parliamentary Assembly on “Consequences of the global financial crisis”;

-   Resolution No. 3 of the Council of Europe Ministers of Justice on Council of Europe action to promote the rule of law, adopted at its 29th conference in Tromsø, Norway, on 18 and 19 June 2009;

Relevant Council of Europe conventions, in particular:

-   Convention on Mutual Administrative Assistance in Tax Matters ETS No. 127;

-   Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime ETS No. 141;

-   Criminal Law Convention on Corruption ETS No. 173;

-   Civil Law Convention on Corruption ETS No. 174;

-   Convention on for the Protection of Individuals with regard to Automatic Processing of Personal Data ETS No. 108;

-   Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism CETS No. 198.



Under the authority of the Committee of Ministers, the Ad hoc Committee is instructed to:

-    revise the Convention on Mutual Administrative Assistance in Tax Matters (ETS No. 127), jointly with the Organisation for Economic Co-operation and Development (OECD), on the basis of the draft text prepared by this organisation.

5.

Composition of the Ad hoc Committee

5.A.

Members

Governments of member states of the Council of Europe are entitled to appoint members of the highest possible rank in the field of mutual assistance in tax matters to the Ad hoc Committee.  Members of the Ad hoc Committee participate in the meetings at their own expense.[13]

5.B.

Participants

i.

The following committees may each send a representative to meetings of the Ad hoc Committee, without the right to vote and at the charge of the corresponding Council of Europe budget sub‑heads:

- European Committee on Legal Co-operation (CDCJ);

- Committee of Experts on the Evaluation of Anti-Money Laundering and the Financing of Terrorism (MONEYVAL);

- Consultative Committee of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (T-PD).

ii.

The Parliamentary Assembly may send a representative to meetings of the Ad hoc Committee, without the right to vote and at the charge of its administrative budget.

5.C.

Other participants

i.

The European Commission and the Council of the European Union may send representatives to meetings of the Ad hoc Committee, without the right to vote or defrayal of expenses.

ii.

The following states with observer status with the Council of Europe may send representatives to meetings of the Ad hoc Committee, without the right to vote or defrayal of expenses:

- Canada;

-  Holy See;

-  Japan;

-  Mexico;

-  United States of America.

Iii

The following intergovernmental organisations may send a representative to meetings of the Ad hoc Committee, without the right to vote or defrayal of expenses:

- the Organisation for Economic Co-operation and Development (OECD).




5.D.

Observers

The following non-member states may send a representative to meetings of the Ad hoc Committee, without the right to vote or defrayal of expenses:

-       Australia;

-       Belarus;[14]

-       New Zealand;

-       South Korea.

6.

Working methods

The Ad hoc Committee shall hold a meeting on 22 and 23 October 2009, together with the Co‑ordinating Body of the Convention on Mutual Administrative Assistance in Fiscal Matters, in order to fulfil its mandate.  If necessary, further work could be carried out by written procedure.

7.

Duration

These terms of reference will expire on 1 March 2010.





+ There were no decisions under this item.

+ There were no decisions under this item.

[1] See also document CM/AS(2009)Rec1867-final.

[2] See also document CM/AS(2009)Quest567-final.

[3] See also document CM/AS(2009)Quest568-final.

[4] See also document CM/AS(2009)Rec1853-final.

[5] See also document CM/AS(2009)Rec1875-final.

[6] See also document CM/AS(2009)Rec1851-final.

[7] See also document CM/Cong(2009)Rec266-final.

[8] Study dated 19 December 2007 prepared by the Joint Pensions Administrative Section (JPAS) and the JPAS Memorandum dated 21 August 2009, contained in DD(2009)449.

[9] See among others: Salgueiro da Silva Mouta v. Portugal, judgment 21 December 2001; L. and V. v. Austria, judgment of 9 January 2003; Karner v. Austria, judgment of 24 July 2003; B.B. v. United Kingdom, judgment of 10 February 2004.

[10] https://wcd.coe.int/ViewDoc.jsp?id=1367317&Site=CM

[11] Steering Committee for Culture (CDCULT); Steering Committee for Cultural Heritage and Landscape (CDPATEP); Committee of Senior Officials of the Council of Europe Conference of Ministers responsible for Spatial/Regional Planning (CEMAT).

[12] In derogation of Article i. of Appendix 2 to Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods, similarly to the Terms of Reference of Ad hoc European Committee for the World Anti-Doping Agency (CAHAMA) and of the European Committee on Crime Problems (CDPC).

[13] In derogation of Article i. of Appendix 2 to Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods, similarly to the terms of reference of the Ad hoc European Committee for the World Anti-Doping Agency (CAHAMA) and of the European Committee on Crime Problems (CDPC).

[14] Subject to specific rules.