Ministers’ Deputies

Decisions

CM/Del/Dec(2013)1187     16 December 2013

 

1187th meeting, 11-12 December 2013

Decisions adopted

 


CONTENTS

Page

            List of those present .................................................................................................................. 8

            Introduction............................................................................................................................... 11

1. General questions

           

1.1        Adoption of the agenda............................................................................................................. 11

           

1.2        Preparation of forthcoming meetings.......................................................................................... 11

           

1.3        Dialogue with the Secretary General and the Deputy Secretary General......................................... 12

           

1.4        Report of the Bureau................................................................................................................. 12

1.5        Conferences of specialised ministers – State of preparation.......................................................... +

1.6        Thematic debate: “Safety of journalists – Further steps for the better implementation of human

            rights standards”....................................................................................................................... 12

1.7        High-level Conference “Combating Racism, Xenophobia and Intolerance in Europe”

            (Yerevan, 21-22 October 2013) – Follow-up................................................................................. 13

1.8        Ministerial Sessions: raising the level of participation –

            Report of the Ad hoc Working Party on Ministerial Sessions (GT-SM).......................................... 13

2. Democracy and political questions

           

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

2.1bis   Current political questions............................................................................................................ +

            - Statement by the Representative of Lithuania

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

3. Parliamentary Assembly

3.1        Standing Committee (Vienna, 22 November 2013) – Texts adopted.............................................. 13

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

            a. Written Question No. 642 by Mr Mogens Jensen: “The situation of Burmese refugees in

            Romania”.................................................................................................................................. 15

            b. Written Question No. 645 by Mr Charles Kennedy: “Potential Scottish Independence”................ 15

4. Human rights

H46-1    Supervision of execution of judgments of the European Court of Human Rights –

            Adoption of final resolutions...................................................................................................... 15

4.1        European Social Charter –
Follow-up to the decisions of the European Committee of Social Rights (ECSR) in the context

            of the collective complaints procedure ‒

            Draft Resolution CM/ResChS(2013)… European Council of Police Trade Unions (CESP) v. Portugal, Collective Complaint No. 60/2010............................................................................................................... 16


Page

4.2        European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

            a. Exchange of views with Mr Lətif Hüseynov, President of the CPT............................................... +

            b. 23rd general activity report (1 August 2012 – 31 July 2013)...................................................... 16

            c. Election of members of the CPT in respect of France, Monaco, the Netherlands and Slovenia... 17

4.3        Framework Convention for the Protection of National Minorities ‒

            Election of an expert to the list of experts eligible to serve on the Advisory Committee ‒

            Candidates in respect of the Slovak Republic............................................................................. 17

4.4        European Social Charter –

            Follow-up to the decisions of the European Committee of Social Rights (ECSR) in the context of

            the collective complaints procedure ‒

            Follow-up of the Collective Complaint No. 63/2010 by the Centre on Housing Rights and Evictions (COHRE) v. France  18

4.5        “Frontex: human rights responsibilities” ‒

            Parliamentary Assembly Recommendation 2016 (2013)................................................................ 18

4.6        European Commission against Racism and Intolerance (ECRI)Appointment of members and deputies to the members in respect of Bosnia and Herzegovina and Ukraine....................................................... 18

5. Media

5.1        European Audiovisual Observatory – Request by the Kingdom of Morocco to be invited

            to accede.................................................................................................................................. 19

5.2        Council of Europe Conference of Ministers responsible for Media and Information Society

            (Belgrade, 7-8 November 2013) – Report of the Secretary General................................................ 19

6. Social cohesion

6.1        European Directorate for the Quality of Medicines and Healthcare (EDQM) ‒

            European Committee on Organ Transplantation (Partial Agreement) (CD-P-TO)

            a. Draft Resolution CM/Res(2013)… on establishing procedures for the collection and
dissemination of data on transplantation activities outside a domestic transplantation system....... 20

            b. Draft Resolution CM/Res(2013)… on the development and optimisation of live kidney donation programmes and its Explanatory Memorandum.............................................................................................. 21

6.2        “Equal access to health care” ‒
Parliamentary Assembly Recommendation 2020 (2013)................................................................ 21

6.3        European Committee for Social Cohesion (CDCS)

            a. Abridged report of the 26th meeting (Strasbourg, 25-27 September 2013)................................. 21

            b. Draft Recommendation CM/Rec(2013)… of the Committee of Ministers to member States on a Council of Europe Charter on shared social responsibilities......................................................................... 22

            c. Draft Recommendation CM/Rec(2013)… of the Committee of Ministers to member States on ensuring full, equal and effective participation of persons with disabilities in culture, sports, tourism and leisure activities            21

            d. Linguistic integration of adult migrants: draft guide to public policy development..................... 21

6.4        “Nanotechnology: balancing benefits and risks to public health and the environment” ‒

            Parliamentary Assembly Recommendation 2017 (2013)................................................................ 21

6.5        Enlarged Partial Agreement on the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) – Request by Mexico for observer status with the Pompidou Group................ 22


Page

6.6        Follow-up to the Strasbourg Declaration on Roma ‒

            Second Progress Report (May 2011 – April 2013) by the Secretary General.................................. 23

6.7        European Roma and Travellers’ Forum (ERTF) –
Review of the operation and renewal of the Partnership Agreement between the
Council of Europe and the European Roma and Travellers’ Forum................................................ 23

7. Education and culture

           

7.1        Enlarged Partial Agreement on Cultural Routes (EPA)

            a. Activity report of the EPA for the period 2010-2013................................................................. 24

            b. Draft Resolution CM/Res(2013)… confirming the establishment of the Enlarged Partial

            Agreement on Cultural Routes (EPA).......................................................................................... 24

            c. Draft Resolution CM/Res(2013)… revising the rules for the award of the “Cultural Route of the Council of Europe” certification and its Explanatory Memorandum............................................................... 24

7.2        Steering Committee for Culture, Heritage and Landscape (CDCPP)

            a. Abridged report of the 2nd meeting (Strasbourg, 27-29 May 2013)........................................... 24

            b. Draft Recommendation CM/Rec(2013)… on the European Landscape Convention Information System of the Council of Europe and its glossary............................................................................................. 24

            c. Landscape Award of the Council of Europe............................................................................ 24

7.3        Partial Agreement on the European Support Fund for the Co-production and Distribution of Creative Cinematographic and Audiovisual Works “EURIMAGES” – Amendment to Resolution Res(88)15.... 25

8. Youth and sport

8.1        “Young Europeans: an urgent educational challenge” –

            Parliamentary Assembly Recommendation 2014 (2013)................................................................ 25

8.2        Enlarged Partial Agreement on Sport (EPAS) –

            Request for observer status by New Zealand.............................................................................. 26

8.3        Standing Committee of the European Convention on Spectator Violence (T‑RV) –

            36th meeting (Strasbourg, 19-20 June 2013) – Critical review of the Convention –

            Study on the merits and desirability of updating the Convention.................................................. 26

10. Legal questions

10.1      European Commission for the Efficiency of Justice (CEPEJ) – Co-operation between the
European Commission and the CEPEJ for the European Union Justice Scoreboard..................... 26

11. Programme, Budget and Administration

11.1      Appointment of members and alternate members of the Budget Committee for the period

            1 January 2014 to 31 December 2016......................................................................................... 27

11.2      Appointment of the External Auditor........................................................................................... 27

11.3      Replacement of the voting system of the Assembly Chamber of the Palais de l’Europe................ 28

11.4      Reform of the contractual policy and other measures to increase flexibility and simplify

            administrative procedures.......................................................................................................... 28

11.5      Building – Sale of the EDQM building in the Meinau.................................................................... 29


Page

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

12.1      Communication by the Secretary General of the Congress on the results of the 25th Plenary

            Session (Strasbourg, 29-31 October 2013).................................................................................... +

13. Other questions

13.1      a. Statement by the Representative of Germany

            b. Statement by the Representative of France............................................................................... +

APPENDICES

APPENDIX 1                1187th meeting of the Ministers' Deputies

(Item 1.1)                      (Strasbourg, 11 (10 a.m.) – 12 (10 a.m.) December 2013)

                                    Agenda............................................................................................................. 30

APPENDIX 2                1187bis meeting of the Ministers' Deputies

(Item 1.2)                      (Strasbourg, 18 (10 a.m.) December 2013)

                                    Draft Agenda..................................................................................................... 37

APPENDIX 3                1188th meeting of the Ministers' Deputies

(Item 1.2)                      (Strasbourg, 15 (10 a.m.) January 2014)

                                    Draft Agenda..................................................................................................... 39

APPENDIX 4                1189th meeting of the Ministers' Deputies

(Item 1.2)                      (Strasbourg, 22 (10 a.m.) January 2014)

                                    Draft Agenda..................................................................................................... 42

APPENDIX 5                Reply to Written Question No. 642 by Mr Mogens Jensen on

(Item 3.2a)                    “The situation of Burmese refugees in Romania”.................................................. 44

APPENDIX 6                Reply to Written Question No. 645 by Mr Charles Kennedy on

(Item 3.2b)                    “Potential Scottish independence”....................................................................... 45

APPENDIX 7                Resolution CM/ResChS(2013)18

(Item 4.1)                      European Council of Police Trade Unions (CESP) v. Portugal

                                    Collective Complaint No. 60/2010........................................................................ 46

APPENDIX 8                Resolution CM/ResCPT(2013)4

(Item 4.2c)                    Election of members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

                                    in respect of France, Monaco, the Netherlands and Slovenia................................ 51

APPENDIX 9                Resolution CM/ResCMN(2013)6

(Item 4.3)                      Framework Convention for the Protection of National Minorities –

Election of an expert to the list of experts eligible to serve on the Advisory

Committee in respect of the Slovak Republic...................................................... 52

APPENDIX 10              Reply to Parliamentary Assembly Recommendation 2016 (2013) on

(Item 4.5)                      “Frontex: human rights responsibilities”............................................................... 53

APPENDIX 11              Resolution CM/Res(2013)55

(Item 6.1a)                    on establishing procedures for the collection and dissemination of data on

                                    transplantation activities outside a domestic transplantation system..................... 54


Page

APPENDIX 12              Resolution CM/Res(2013)56

(Item 6.1b)                    on the development and optimisation of live kidney donation programmes........... 57

APPENDIX 13              Reply to Parliamentary Assembly Recommendation 2020 (2013) on

(Item 6.2)                      “Equal access to health care”.............................................................................. 60

APPENDIX 14              Recommendation CM/Rec(2013)3

(Item 6.3c)                    of the Committee of Ministers to member States on

                                    ensuring full, equal and effective participation of persons with disabilities in

                                    culture, sports, tourism and leisure activities........................................................ 61

APPENDIX 15              Reply to Parliamentary Assembly Recommendation 2017 (2013) on

(Item 6.4)                      “Nanotechnology: balancing benefits and risks to public health and the

                                    environment”...................................................................................................... 64

APPENDIX 16              Recommendation CM/Rec(2013)4

(Item 7.2)                      of the Committee of Ministers to member States

                                    on the European Landscape Convention Information System of the Council

                        of Europe and its glossary................................................................................. 65

APPENDIX 17              Resolution CM/Res(2013)57

(Item 7.3)                      modifying Resolution Res(88)15 setting up a European Support Fund for the
Co-production and Distribution of Creative Cinematographic and Audiovisual

                                    Works “EURIMAGES”......................................................................................... 66

APPENDIX 18              Reply to Parliamentary Assembly Recommendation 2014 (2013) on

(Item 8.1)                      “Young Europeans: an urgent educational challenge” .......................................... 67

APPENDIX 19              Revised investment programme for 2013............................................................. 68

(Item 11.3)                   

APPENDIX 20              Resolution CM/Res(2013)58

(Item 11.4)                    amending the Staff Regulations.......................................................................... 69

APPENDIX 21              Resolution CM/Res(2013)59

(Item 11.4)                    amending the Regulations on appointments
(Appendix II to the Staff Regulations).................................................................. 73

APPENDIX 22              Resolution CM/Res(2013)60

(Item 11.4)                    amending the Regulations governing staff salaries and allowances
(Appendix IV to the Staff Regulations)................................................................ 84

APPENDIX 23              Resolution CM/Res(2013)61

(Item 11.4)                    amending the Regulations on indemnity for loss of job
(Appendix VI to the Staff Regulations)................................................................ 85

APPENDIX 24              Resolution CM/Res(2013)62

(Item 11.4)                    amending the Regulations on unpaid leave
(Appendix VII to the Staff Regulations)............................................................... 86

APPENDIX 25              Resolution CM/Res(2013)63

(Item 11.4)                    amending the Regulations on part-time work
(Appendix IX to the Staff Regulations)................................................................ 87

APPENDIX 26              Resolution CM/Res(2013)64

(Item 11.4)                    amending the Statute of the Administrative Tribunal
(Appendix XI to the Staff Regulations)................................................................ 89

APPENDIX 27              Resolution CM/Res(2013)65

(Item 11.4)                    amending the Regulations on the medical and social insurance scheme
(Appendix XII to the Staff Regulations)...................................................................


The 1187th meeting of the Ministers’ Deputies opened on 11 December 2013 at 10.00 a.m. and continued on 12 December 2013 at 10.00 a.m. under the chairmanship of Mr R. Lennkh, Deputy for the Minister for Foreign Affairs of Austria.

PRESENT


ALBANIA

Mr        D.         Koreshi

Ms        A.         Kasa

Mr        R.         Hoxha

ANDORRA

Mr        J.         Dallerès

Mr        J.         Forner Rovira

Ms        R.         Solà Amat

ARMENIA

Mr        A.         Papikyan

Mr        S.         Kartashyan

Ms        E.         Harutyunyan

Ms        V.         Melikyan

Ms        I.          Beglaryan

Mr        A.         Khachatryan

AUSTRIA

Mr        R.         Lennkh, Chairman

Mr        W.-L.    Strohmayer

Mr        M.        Reichard

Mr        S.         Rutkowski

Mr        G.         Schenkenbach

Ms        B.         Awad

 

AZERBAIJAN

Mr        E.         Eyyubov, Vice-Chairman

Mr        J.         Mirzayev

Mr        A.         Mehtiyev

Mr        A.         Gunashov

Mr        E.         Aslanov

Mr        H.         Akhundov

Mr        V.         Aliyev

BELGIUM

Mr        D.         Van Eeckhout

Ms        M.        Janssens

Mr        M.        Creffier

Ms        A.         Ghys

BOSNIA AND HERZEGOVINA

Mr        A.         Săhović

Ms        L.         Ljubic-Lépine

Mr        B.         Babić

BULGARIA

Mr        A.         Tehov

Mr        E.         Valev

Ms        D.         Stambolova-Ivanova

Ms        K.         Nikolova

Mr        G.         Gueorguiev

CROATIA

Mr        M.        Papa

Ms        B.         Babić

Mr        I.          Mintas

CYPRUS

Ms        T.         Constantinidou

Mr        S.         Hatziyiannis

Mr        T.         Pittakis

CZECH REPUBLIC

Mr        T.         Boček

Mr        J.         Šlais

DENMARK

Mr        C.         von Barnekow

Ms        M.        Tzeggai

ESTONIA

Ms        G.         Rennel

Ms        K.         Juhasoo-Lawrence

Mr        T.         Tang

FINLAND

Mr        P.         Hyvönen

Ms        L.         Liira

Ms        T.         Leikas-Botta

FRANCE

Ms        J.         Caballero

Mr        J.-C.     Bou

Ms        C.         Bobko

Mr        F.         Liétout

GEORGIA

Mr        K.         Korkelia

Mr        I.          Giviashvili

Ms        A.         Doborjginidze

GERMANY

Mr        J.G.      Luy

Mr        J.-H.     Ernst

Mr        U.         Petry

Ms        V.         Wolf

Mr        H.         Legge

GREECE

Mr        I.          Asteriadis

Ms        M.        Solomou

Mr        T.         Zafeirakos

Ms        I.          Petropoulou

Ms        V.         Yiannakaki

Mr        G.         Karandreas

Ms        O.         Patsopoulou

Ms        M.        Louka

Ms        V.         Kordatou

HUNGARY

Mr        F.         Robák

Ms        K.         Jensen-Magyar

Ms        A.         Tóth-Ferenci

ICELAND

Ms        B.         Ásgeirsdóttir

Mr        I.          Fridriksson

Ms        N. B.     Jonsdóttir

IRELAND

Mr        P.         Gunning

Mr        F.         Power

Mr        M.        Switzer

Ms        R.         Hynes

ITALY

Mr        M.        Jacoangeli

Mr        G.         Cavagna

Mr        S.         Marguccio

Ms        P.         Accardo

Mr        G.         Mauro Pellegrini

Ms        G.         Saponaro

LATVIA

Ms        A.         Liepina

Mr        M.        Klīve

Ms        E.         Borchers

LIECHTENSTEIN

Mr        D.         Ospelt

Mr        M.        Frick

Mr        M.        Vorbeck

LITHUANIA

Mr        G.         Šerkšnys

Ms        U.         Matulevičiené

Mr        V.         Šakalys

LUXEMBOURG

Ms        M.        Eisenbarth

Ms        A.         Kayser-Attuil

Mr        B.         Bollendorff

MALTA

Mr        J.         Filletti

Mr        A.         Ghigo

REPUBLIC OF MOLDOVA

Ms        T.         Pârvu

Mr        S.         Mihov

Mr        V.         Lapusneanu

Ms        L.         Ilieş

MONACO

Mrs       C.         Gastaud

Mr        G.         Revel

MONTENEGRO

Ms        A.         Vukadinović

Ms        D.         Markovic

NETHERLANDS

Ms        E.         Berends

Ms        K.         Adhin

Mr        J.         Rademaker

NORWAY

Ms        A.         Helle

Ms        K.         Hefre

Mr        Y. O.    Hvoslef

POLAND

Ms        U.         Gacek

Mr        R.         Drzazga

Ms        I.          Marczyk-Stępniewska

Ms        M.        Kaczmarska

PORTUGAL

Mr        L.F.      Castro Mendes

Mr        P.         Neves Pocinho

Mr        M. H.    Simão Pires

ROMANIA

Mr        S.         Stoian

Mr        C.         Urse

Ms        M.        Ştefănescu

Mr        F.         Mitrea

Mr        D.         Dumitrache

Mr        G.         Buliga

RUSSIAN FEDERATION

Mr        A.         Alekseev

Mr        V.         Egorov

Mr        B.         Chudinov

Mr        V.         Nevzorov

Ms        M.        Molodtsova

Mr        S.         Savushkin

Mr        G.         Reshetnikov

Mr        A.         Grishin

Mr        E.         Ryzhkin

Mr        A.         Vlasov

Mr        A.         Karbovskiy

Mr        D.         Rykovskov

Mr        K.         Kosorukov

Mr        A.         Muratov

Mr        P.         Volchikhin

SAN MARINO

Ms        B.         Para

Ms        M.        Bovi

SERBIA

Mr        Z.         Popović

Mr        V.         Lazović

Ms        V.         Radonjić-Rakić

Ms        J.         Backović

Mr        R.         Milikić

SLOVAK REPUBLIC

Mr        D.         Štefánek

Ms        L.         Erdelská

Mr        M.        Babicz

SLOVENIA

Mr        D.         Bergant

Ms        B.         Sušnik

Mr        H.         Hartman

SPAIN

Mr        F.         Alvargonzález

Mr        F.         Torres Muro

Mr        L.         Tarin Martin

SWEDEN

Mr        C.-H.     Ehrenkrona

Mr        J.         Bäverbrant Stanghed

Ms        S.         Finnigan

Ms        G.         Rasegård

SWITZERLAND

Mr        C.-E.     Held

Mr        B.         Gubler

Mr        U.         Beer

“THE FORMER YUGOSLAV

REPUBLIC OF MACEDONIA”

Mr        P.         Pop-Arsov

Mr        T.         Pavloski

Mr        Z.         Barbutov

TURKEY

Mr        R.E.      Soysal

Ms        N.         Erdem-Ari

Mr        B.         Turgut

Ms        S.         Birand Cınar

Mr        H.         Sağlam

Ms        E.         Demircan

Ms        B.         Kabakçi

Mr        M.        Öncü

Mr        S.         Şahin

Ms        M.M.     Şahin

Ms        F.B.      Okur

Mr        A.         Kilinc

Mr        A.         Vural

Ms        G.         Erönen

Ms        A.         Emüler

Mr        B.         Yildiz

Ms        M.        Aksen

Ms        I.          Batmaz

Ms        Z.G.      Acar

UKRAINE

Mr        M.        Tochytskyi

Mr        A.         Nadzhos

Mr        D.         Podolskyi

Mr        M.        Kononenko

Mr        O.         Kulikovskyi

Ms        O.         Pasheniuk

Ms        O.         Popescu

Ms        S.         Pereverten

UNITED KINGDOM

Mr        M.        Johnson

Ms        K.         Jones

Ms        L.         Dauban

Mr        S.         Kelly

Mr        M.        Gorey

*

*        *

EUROPEAN UNION

Ms        L.         Pavan-Woolfe

Mr        J.         Grabowski

Mr        G.C.     Bruno

*

*        *

CANADA

Mr        A.         Hausser

Ms        L.         Diguer

Ms        M.-J.     Gingras

Mr        J.         Reckseidler

HOLY SEE

Mr        I.          Ceffalia

Mr        C.         Gouyaud

Ms        T.         Esposito Celiento

JAPAN

Mr        S.         Hasegawa

Mr        K.         Wada

Ms        H.         Mochizuki

Mr        I.          Masai

Mr        T.         Shintaku

Mr        S.         Yakushiji

Mr        R.         Kagawa

Ms        R.         Shimada

Ms        E.         Saito

MEXICO

Mr        S.         Oñate Laborde

Mr        A.         Martinez Peralta

Ms        M.        Maldonado González

UNITED STATES OF AMERICA

Mr        C.H.      Rivkin

Mr        E.         Reade



Introduction

At the start of the meeting, the Chairman bade farewell to Mr Stépan Kartashyan, Deputy Permanent Representative of Armenia, and Ms Rachel Hynes, Deputy to the Permanent Representative of Ireland, and thanked them for their contribution to the work of the Committee.  He then welcomed Mr Ratomir Milikic, Deputy to the Permanent Representative of Serbia, and wished him 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 postpone the following item to their 1187bis meeting (18 December 2013):

7.1

Enlarged Partial Agreement on Cultural Routes (EPA)
a. Activity report of the EPA for the period 2010-2013
b. Draft Resolution CM/Res(2013)… confirming the establishment of the Enlarged Partial Agreement on Cultural Routes (EPA)
c. Draft Resolution CM/Res(2013)… revising the rules for the award of the “Cultural Route of the Council of Europe” certification and its Explanatory Memorandum

2.         agreed to add the following item to the agenda of their present meeting:

13.1

Other business

a. Statement by the Representative of Germany

b. Statement by the Representative of France

3.         agreed to add the following sub-item to the agenda of their present meeting:

2.1bis

Current political questions

- Statement by the Representative of Lithuania

4.         taking into account decisions 1 to 3 above, adopted the agenda of their 1187th meeting, as it appears at Appendix 1 to the present volume of Decisions.

Item 1.2

Preparation of forthcoming meetings

Decisions

The Deputies

1.         approved the draft agenda for their 1187bis meeting (18 (10 a.m.) December 2013), as it appears at Appendix 2 to the present volume of Decisions; 

2.         approved the draft agenda for their 1188th meeting (15 (10 a.m.) January 2014), as it appears at Appendix 3 to the present volume of Decisions; 

3.         approved the draft agenda for their 1189th meeting (22 (10 a.m.) January 2014), as it appears at Appendix 4 to the present volume of Decisions.


Item 1.3

Dialogue with the Secretary General and the Deputy Secretary General

Decisions

The Deputies

1.         authorised the Secretary General to use the funds of the “field missions reserve” to finance the Investigation Advisory Panel in Ukraine for a maximum amount of €65 000;

2.         took note of the oral communication of the Deputy Secretary General and the exchange of views under this item.

Item 1.4

Report of the Bureau
(CM/Bur/Del(2013)23)

Decisions

The Deputies

1.         approved the Bureau’s recommendations with regard to the agenda of their 1187th (11‑12 December 2013) meeting, as they appear in Appendix I to the Bureau report;

2.         noted that those interested in the position of Chair of the Rapporteur Group on Legal Co-operation (GR-J) should inform their Chairman, in writing, by 1.00 pm on 10 January 2014;

3.         took note of the report of the meeting of the Bureau of 9 December 2013 (document CM/Bur/Del(2013)23) as a whole.

Item 1.6

Thematic debate: “Safety of journalists – Further steps for the better implementation of human rights standards”
(SG/Inf(2013)42 and CM(2013)162)

Decisions

The Deputies

1.         invited the Secretary General to submit operational proposals to follow-up on the debate, emphasising the need for co-ordination with other international organisations, in particular the European Union, the OSCE and the United Nations;

2.         agreed to resume consideration of this item at their 1189th meeting (22 January 2014).


Item 1.7

High-level Conference “Combating Racism, Xenophobia and Intolerance in Europe”

(Yerevan, 21-22 October 2013) – Follow-up

(DD(2013)1275)

Decisions

The Deputies

1.         took note of the conclusions of the High-level Conference on Combating Racism, Xenophobia and Intolerance in Europe (Yerevan, 21-22 October 2013) (cf. DD(2013)1275);

2.         agreed to communicate the conclusions to all steering and ad hoc committees concerned, for information and for them to take into account in their future work;

3.         also agreed to communicate the conclusions, for information, to the Parliamentary Assembly, the Congress of Local and Regional Authorities of the Council of Europe, the Commissioner for Human Rights, the European Commission against Racism and Intolerance (ECRI) and the INGO Conference.

Item 1.8

Ministerial Sessions: raising the level of participation –
Report of the Ad hoc Working Party on Ministerial Sessions (GT-SM)

(CM(2013)164)

Decision

The Deputies approved the conclusions of the Ad hoc Working Party on Ministerial Sessions (GT-SM), as they appear in document CM(2013)164.

Item 3.1

Parliamentary Assembly –

Standing Committee (Vienna, 22 November 2013) –

Texts adopted

(2013 Session (Provisional Compendium of texts adopted))

Decisions

The Deputies

1.         took note of Opinion 286 (2013) on the “Draft Council of Europe Convention against Trafficking in

Human Organs”;

***

2.         concerning Recommendation 2028 (2013) “Monitoring the return of irregular migrants and failed asylum seekers by land, sea and air”

a.         agreed to communicate it to the Steering Committee for Human Rights (CDDH) and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), for information and possible comments by 14 February 2014;


b.         in the light of possible comments, invited their Rapporteur Group on Human Rights (GR-H) to prepare a draft reply for adoption at one of their forthcoming meetings;

***

3.         concerning Recommendation 2029 (2013) “The participation of non-member States in Council of Europe conventions”

a.         invited their Rapporteur Group on Legal Co-operation (GR-J), in co-operation with their Rapporteur Group on External Relations (GR-EXT), to prepare a draft reply for adoption at one of their forthcoming meetings;

***

4.         concerning Recommendation 2030 (2013) “Violence against women in Europe”

a.         agreed to communicate it to the Gender Equality Commission (DECS-GEC) for information and possible comments by 14 February 2014;

b.         agreed to communicate it to the Steering Committee for Human Rights (CDDH) for information;

c.         in the light of possible comments, invited their Thematic Co-ordinator on Equality and Trafficking (TC-ET), in co-operation with the Rapporteur Group on Human Rights (GR-H), to prepare a draft reply for adoption at one of their forthcoming meetings;

*

*         *

5.         took note of the following resolutions:

Resolution 1960 (2013) –      “Drug traffic from Afghanistan as a threat to European security”       

Resolution 1961 (2013) –      “The participation of non-member States in Council of Europe

                                           conventions”          

Resolution 1962 (2013) –      “Stalking”   

Resolution 1963 (2013) –      “Violence against women in Europe”

Resolution 1964 (2013) –      “Good governance of large metropolises”   

Resolution 1965 (2013) –      “The discipline of the members of the Parliamentary Assembly”       

*

*       *

6.         adopted the following reply to the texts adopted by the Standing Committee of the Parliamentary Assembly (Vienna, 22 November 2013):

            “The Committee of Ministers has taken note of Opinion No. 286 (2013), Recommendations 2028 (2013) to 2030 (2013) and Resolutions 1960 (2013) to 1965 (2013) adopted by the Standing Committee of the Parliamentary Assembly (Vienna, 22 November 2013).


            The Committee of Ministers has entrusted Recommendations 2028 (2013) to 2030 (2013) to the competent bodies for information or comments and to its relevant Rapporteur Groups and Thematic Co-ordinator with a view to preparing draft replies for adoption at an early date, as appropriate.”

Item 3.2a

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

a.         Written Question No. 642 by Mr Mogens Jensen: “The situation of Burmese refugees in Romania”
(CM/Del/Dec(2013)1181/3.2b and CM/AS(2013)Quest642-prov)

Decision

The Deputies adopted the reply to Written Question No. 642 by Mr Mogens Jensen on “The situation of Burmese refugees in Romania”, as it appears at Appendix 5 to the present volume of Decisions.[1]

Item 3.2b

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

b.         Written Question No. 645 by Mr Charles Kennedy: “Potential Scottish independence”
(CM/Del/Dec(2013)1182/3.1a and CM/AS(2013)Quest645-prov)

Decision

The Deputies adopted the reply to Written Question No. 645 by Mr Charles Kennedy on “Potential Scottish independence”, as it appears at Appendix 6 to the present volume of Decisions.[2]

Item H46-1

Supervision of execution of judgments of the European Court of Human Rights –

Adoption of final resolutions

Decision

The Deputies adopted the final Resolutions CM/ResDH(2013)260 to 263, as they appear hereafter and in the volume of Human Rights Resolutions for this meeting.


Resolution

Application No.

Case

Judgment or decision of

Final on

BULGARIA

CM/ResDH(2013)260

8981/10

S.L. AND OTHERS[3]

14/05/2013

14/05/2013

78390/11

A.S.

25/06/2013

25/06/2013

78421/11

S.M.

25/06/2013

25/06/2013

78481/11

R.M.

02/04/2013

02/04/2013

FRANCE

CM/ResDH(2013)261

18372/10

MO.M.

18/04/2013

18/07/2013

PORTUGAL

CM/ResDH(2013)262

50002/08

FALCÃO DOS SANTOS

03/07/2012

19/11/2012

ROMANIA

CM/ResDH(2013)263

4351/02

AMURĂRIŢEI

23/09/2008

23/12/2008

9164/02

ICHIM

10/03/2009

10/06/2009

Item 4.1

European Social Charter – Follow-up to the decisions of the European Committee of Social Rights (ECSR) in the context of the collective complaints procedure –
Draft Resolution CM/ResChS(2013)
European Council of Police Trade Unions (CESP) v. Portugal, Collective Complaint No. 60/2010
(Report CEDS(2010)60 from the European Committee of Social Rights to the Committee Ministers and CM(2013)147)

Decision

The Deputies adopted Resolution CM/ResChS(2013)18, as it appears at Appendix 7 to the present volume of Decisions.

Item 4.2b

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

b.         23rd general activity report (1 August 2012 – 31 July 2013)

(CM(2013)151)

Decision

The Deputies took note of the 23rd general activity report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), for the period from 1 August 2012 to 31 July 2013, as it appears in document CM(2013)151.


Item 4.2c

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

c.         Election of members of the CPT in respect of France, Monaco, the Netherlands and Slovenia

(CM(2013)156, AS/Bur(2013)70, AS/Bur(2013)71, AS/Bur(2013)35-rev and AS/Bur(2013)69)

Decisions

The Deputies, having voted in accordance with Article 5, paragraph 1, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and having also regard to the decisions taken at their 784th, 874th, 888th, 930th, 969th and 998th meetings concerning the application of the procedure provided for in Article 5, paragraph 4, of the Convention:

1.         declared the following candidate re-elected as member of the CPT, with effect from 20 December 2013, for a term of office which will expire on 19 December 2017:

            - Mr Xavier Ronsin (in respect of France);

2.         declared the following candidate re-elected as member of the CPT, with effect from 20 December 2013, for a term of office which will expire on 19 December 2017:

            - Mr Régis Bergonzi (in respect of Monaco);

3.         declared the following candidate re-elected as member of the CPT, with effect from 20 December 2013, for a term of office which will expire on 19 December 2017:

            - Mr Antonius Maria van Kalmthout (in respect of the Netherlands);

4.         declared the following candidate elected as member of the CPT, with effect from 20 December 2013, for a term of office which will expire on 19 December 2017:

            - Mr Goran Klemenčič (in respect of Slovenia);

5.         consequently adopted Resolution CM/ResCPT(2013)4, as it appears at Appendix 8 to the present volume of Decisions.

Item 4.3

Framework Convention for the Protection of National Minorities
Election of an expert to the list of experts eligible to serve on the Advisory Committee –
Candidates in respect of the Slovak Republic

(CM(2013)140)

Decisions

The Deputies

1.         having proceeded to election in conformity with Rules 8 and 9 of Resolution Res(97)10, declared elected to the list of experts eligible to serve on the Advisory Committee:

- Mr Tomáš Hrustič, in respect of the Slovak Republic;

2.         consequently adopted Resolution CM/ResCMN(2013)6, as it appears at Appendix 9 to the present volume of Decisions.


Item 4.4

European Social Charter –

Follow-up to the decisions of the European Committee of Social Rights (ECSR) in the context of the collective complaints procedure ‒

Follow-up of the Collective Complaint No. 63/2010 by the Centre on Housing Rights and Evictions (COHRE) v. France

(Report from the European Committee of Social Rights CEDS(2010)63 to the Committee of Ministers, CM/ResChS(2011)9 and DD(2013)1329)

Decisions

The Deputies

1.         took note, in the light of the discussions held during the present meeting, of the information submitted by France on the measures taken in order to bring the situation described in the complaint into conformity with the Charter, thus concluding their examination of this complaint;

2.         agreed to transmit this information to the European Committee of Social Rights with a view to assessment in the context of the reporting procedure.

Item 4.5

“Frontex: human rights responsibilities” –
Parliamentary Assembly Recommendation 2016 (2013)

(Parliamentary Assembly REC_2016(2013) and CM/AS(2013)Rec2016-prov)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 2016 (2013) on “Frontex: human rights responsibilities”, as it appears at Appendix 10 to the present volume of Decisions.[4] 

Item 4.6

European Commission against Racism and Intolerance (ECRI) ‒
Appointment of members and deputies to the members in respect of Bosnia and Herzegovina and Ukraine
(Resolutions Res(2002)8 and CM/Res(2013)12, DGII/Inf(2013)13 and DGII/Inf(2013)12)

Decision

The Deputies took note of the names and curricula vitae of the persons appointed by Bosnia and Herzegovina and Ukraine to serve as ECRI member and deputy to the member of ECRI in respect of these countries for a term of office of five years, starting on 11 December 2013, as contained in documents DGII/Inf(2013)12 and DGII/Inf(2013)13.


Item 5.1

European Audiovisual Observatory ‒

Request by the Kingdom of Morocco to be invited to accede

(GR-C(2013)14)

Decision

The Deputies, in their composition restricted to the representatives of the States members of the European Audiovisual Observatory,[5] decided to invite Morocco to accede to the European Audiovisual Observatory.

Item 5.2

Council of Europe Conference of Ministers responsible for Media and Information Society
(Belgrade, 7-8 November 2013) – Report of the Secretary General

(CM(2013)162)

Decisions

The Deputies

1.             took note of the texts adopted by the Ministerial Conference;

2.             agreed to pursue as a matter of priority efforts to uphold and promote the respect of Articles 8 and 10 of the European Convention on Human Rights and, as regards the latter article, to promote media freedom – whether print, broadcast or online – as well as the implementation of existing Council of Europe standards at national level;

3.             supported the implementation of the actions mentioned in the texts adopted by the Ministerial Conference and decided to transmit them to the relevant steering and other committees (Steering Committee on Media and Information Society (CDMSI), Steering Committee for Human Rights (CDDH), Consultative Committee of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (T-PD), European Committee on Legal Co-operation (CDCJ), European Committee on Crime Problems (CDPC), Cybercrime Convention Committee (T-CY), Committee of Experts on Terrorism (CODEXTER), Steering Committee for Educational Policy and Practice (CDPPE), Committee of Legal Advisers on Public International Law (CAHDI)) for information and action as appropriate within their respective fields of competence;

4.             instructed, in particular, the CDMSI:

(i)             to develop, in a multi-stakeholder approach, the notion of “Internet freedom” on the basis of standards adopted by the Committee of Ministers on Internet governance principles, network neutrality and the universality, integrity and openness of the Internet;

(ii)            to examine closely, in the light of the requirements of the European Convention on Human Rights, the question of gathering and processing of electronic communications data on individuals by security agencies, with a view, as appropriate, to making proposals for further action. This work will be carried out in consultation with other relevant Council of Europe intergovernmental and convention committees and other international organisations, in accordance with the term of reference of the CDMSI;


(iii)           examine the state of media concentration, transparency of media ownership and regulation and their impact on media pluralism and diversity, and consider the need for drawing up or updating related Council of Europe standards;

(iv)          propose measures to preserve and strengthen the media’s watchdog function by creating a favourable legal environment for vigorous investigative journalism and critical scrutiny of all matters of public interest;

(v)           consider, in the light of Council of Europe standards on media pluralism and diversity of content, questions relating to digital convergence, connected television and other new arrangements for the delivery of essential media content or information and, in this context, examine the role of public service media and community media services;

5.             invited the Secretary General to make arrangements or proposals for intensifying actions to implement Council of Europe freedom of expression standards and best practices through co-operation, technical assistance programmes and activities, and invited the European Union to continue to support this action both for offline and online environments;

6.             decided to transmit the texts adopted by the Ministerial Conference to the Parliamentary Assembly and the Commissioner for Human Rights for information;

7.             agreed to consider separately the follow-up to be given to Resolution No. 3 on Safety of Journalists adopted by the Ministerial Conference in the framework of their thematic debate on that subject;

8.             in the light of decisions 1 to 7 above, took note of the Secretary General’s report on the Council of Europe Conference of Ministers responsible for Media and Information Society (Belgrade, 7‑8 November 2013), as it appears in document CM(2013)162, as a whole.

Item 6.1a

European Directorate for the Quality of Medicines and Healthcare (EDQM) –
European Committee on Organ Transplantation (Partial Agreement) (CD-P-TO)

a.         Draft Resolution CM/Res(2013)… on establishing procedures for the collection and dissemination of data on transplantation activities outside a domestic transplantation system
(CM(2013)40-rev2)

Decision

The Deputies, in their composition restricted to representatives of the States Parties to the Convention on the Elaboration of a European Pharmacopoeia,[6] adopted Resolution CM/Res(2013)55 on establishing procedures for the collection and dissemination of data on transplantation activities outside a domestic transplantation system, as it appears at Appendix 11 to the present volume of Decisions.


Item 6.1b

European Directorate for the Quality of Medicines and Healthcare (EDQM) –
European Committee on Organ Transplantation (Partial Agreement) (CD-P-TO)

b.         Draft Resolution CM/Res(2013)… on the development and optimisation of live kidney donation programmes and its Explanatory Memorandum
(CM(2013)145 and CM(2013)145-add)

Decision

The Deputies, in their composition restricted to representatives of the States Parties to the Convention on the Elaboration of a European Pharmacopoeia,[7] adopted Resolution CM/Res(2013)56 on the development and optimisation of live kidney donation programmes, as it appears at Appendix 12 to the present volume of Decisions, and took note of the Explanatory Memorandum thereto, as it appears in document CM(2013)145-add.

Item 6.2

“Equal access to health care” –
Parliamentary Assembly Recommendation 2020 (2013)

(Parliamentary Assembly REC_2020(2013) and CM/AS(2013)Rec2020-prov)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 2020 (2013) on “Equal access to health care”, as it appears at Appendix 13 to the present volume of Decisions.[8] 

Item 6.3acd

European Committee for Social Cohesion (CDCS)

a.         Abridged report of the 26th meeting (Strasbourg, 25-27 September 2013)
c.         Draft Recommendation CM/Rec(2013)… of the Committee of Ministers to member States on ensuring full, equal and effective participation of persons with disabilities in culture, sports, tourism and leisure activities
d.         Linguistic integration of adult migrants: draft guide to public policy development
(CM(2013)152, CM(2013)152-add2 and CM(2013)152-add3)

Decisions

The Deputies

1.         adopted Recommendation CM/Rec(2013)3 of the Committee of Ministers to member States on ensuring full, equal and effective participation of persons with disabilities in culture, sports, tourism and leisure activities, as it appears at Appendix 14 to the present volume of Decisions;


2.         took note of the guide to public policy development on linguistic integration of adult migrants, as it appears in document CM(2013)152-add3;

3.         in the light of decisions 1 and 2 above, took note of the abridged report of the 26th meeting of the CDCS, as it appears in document CM(2013)152.

Item 6.3b

European Committee for Social Cohesion (CDCS)

b.         Draft Recommendation CM/Rec(2013)… of the Committee of Ministers to member States on a Council of Europe Charter on shared social responsibilities

This item was postponed.

Item 6.4

“Nanotechnology: balancing benefits and risks to public health and the environment” –
Parliamentary Assembly Recommendation 2017 (2013)

(Parliamentary Assembly REC_2017(2013) and CM/AS(2013)Rec2017-prov)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 2017 (2013) on “Nanotechnology: balancing benefits and risks to public health and the environment”, as it appears at Appendix 15 to the present volume of Decisions.[9] 

Item 6.5

Enlarged Partial Agreement on the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) –
Request by Mexico for Observer status with the Pompidou Group
(CM/Inf(2013)37)

Decision

The Deputies, in their composition restricted to members of the Enlarged Partial Agreement on the Co‑operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group),[10] decided to invite Mexico to accede to the Enlarged Partial Agreement as an observer.


Item 6.6

Follow-up to the Strasbourg Declaration on Roma
Second Progress Report (May 2011 – April 2013) by the Secretary General
(SG/Inf(2013)27)

Decisions

The Deputies

1.         took note of the second progress report presented by the Secretary General on the implementation of the Strasbourg Declaration on Roma[11] (SG/Inf(2013)27) and encouraged its continued implementation;

2.         agreed to transmit the Secretary General’s report to the Parliamentary Assembly, to the Commissioner for Human Rights, the Congress of Local and Regional Authorities of the Council of Europe and to the relevant intergovernmental committees for information.

Item 6.7

European Roma and Travellers’ Forum (ERTF) –
Review of the operation and renewal of the Partnership Agreement between the Council of Europe and the European Roma and Travellers’ Forum
(CM/Del/Dec(2013)1173/6.2, SG/Inf(2013)40, DD(2013)1180 and DD(2013)1254)

Decisions

The Deputies

1.             took note of the 2013 annual report of the European Roma and Travellers’ Forum (ERTF), including on the reform initiated in the light of the review of the operation of the Partnership Agreement between the Council of Europe and the ERTF;

2.             took note of the report of the Secretary General on the follow-up to the review of the operation of the Council of Europe – ERTF Partnership Agreement: implementation of the recommendations addressed to the Council of Europe and the reform initiated by the Forum, as it appears in document SG/Inf(2013)40;

3.             agreed that it was necessary to assess further the prospects and possible modalities for future co‑operation with the ERTF in the light of the practical implications of its reform and of a broader overview of Council of Europe co-operation with Roma[12] organisations, including the ERTF;

4.             invited the ERTF to report on the practical implementation of its reform by 15 September 2014, in particular with regard to representativity, internal democracy and to becoming gradually financially self‑sustaining;


5.             invited the Secretary General to present, by 15 October 2014, a general overview of Council of Europe co‑operation with Roma organisations, especially the ERTF and other relevant NGOs, exploring options and making proposals for future co-operation;

6.             agreed, on this basis, that the Partnership Agreement between the Council of Europe and the ERTF would be renewed for one year;

7.             recalled that the financial contribution from the Council of Europe to the ERTF would be subject to their annual budgetary decisions;

8.             invited their Rapporteur Group on Social and Health Questions (GR-SOC) to resume consideration of this matter on the basis of the reports requested in decisions 4 and 5 above, with a view to taking relevant decisions at their 1212th meeting (19 November 2014).

Item 7.1ab

Enlarged Partial Agreement on Cultural Routes (EPA)

a.         Activity report of the EPA for the period 2010-2013

b.         Draft Resolution CM/Res(2013)… confirming the establishment of the Enlarged Partial Agreement on Cultural Routes (EPA)

This item was postponed under item 1.1.

Item 7.1c

Enlarged Partial Agreement on Cultural Routes (EPA)

c.         Draft Resolution CM/Res(2013)… revising the rules for the award of the “Cultural Route of the Council of Europe” certification and its draft Explanatory Memorandum

This item was postponed under item 1.1.

Item 7.2

Steering Committee for Culture, Heritage and Landscape (CDCPP)

a.         Abridged report of the 2nd meeting (Strasbourg, 27-29 May 2013)

b.         Draft Recommendation CM/Rec(2013)… on the European Landscape Convention Information System of the Council of Europe and its glossary

c.         Landscape Award of the Council of Europe

(CM(2013)111)

Decisions

The Deputies

1.         adopted Recommendation CM/Rec(2013)4 on the European Landscape Convention Information System of the Council of Europe and its glossary, as it appears at Appendix 16 to the present volume of Decisions;

 

2.         in accordance with the rules governing the Landscape Award of the Council of Europe (CM/Res(2008)3), and as proposed by the Steering Committee for Culture, Heritage and Landscape (CDCPP):

i.          attributed the Council of Europe Landscape Award for 2013 to: “Preserving ecological value in the landscape of the Szprotawa river valley, Lower Silesian Association of Landscape Parks, Poland”;

ii.          attributed identical special mentions of the Council of Europe Landscape Award for 2013 to the following three nominations:

a.          The rebirth of Alto Belice Corleonese through the recovery of land confiscated from the mafia organisations, Libera Association names and number against the Mafia, Italy (Special mention for strengthening democracy);

b.         U-parks. U-turn we love, Utena district Municipality, Lithuania (Special mention for giving attention to the urban landscape as a common good);

c.          The Gate of Gornje Podunavlje, NGO “Podunav” Backi Monostor, Serbia (Special mention for contributing to European ideals);

3.         in view of decisions 1 and 2 above, took note of the abridged report of the 2nd meeting of the CDCPP, as it appears in document CM(2013)111, as a whole.

Item 7.3

Partial Agreement on the European Support Fund for the Co-production and Distribution of Creative Cinematographic and Audiovisual Works “EURIMAGES” – Amendment to Resolution Res(88)15

(CM(2013)112 and GR-C(2013)CB6)

Decision

The Deputies, in their composition restricted to the representatives of the States members of “EURIMAGES”,[13] adopted Resolution CM/Res(2013)57 modifying Resolution Res(88)15 setting up a European Support Fund for the Co-production and Distribution of Creative Cinematographic and Audiovisual Works “EURIMAGES”, as it appears at Appendix 17 to the present volume of Decisions.

Item 8.1

“Young Europeans: an urgent educational challenge” –

Parliamentary Assembly Recommendation 2014 (2013)

(Parliamentary Assembly REC_2014(2013) and CM/AS(2013)Rec2014-prov2)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 2014 (2013) on “Young Europeans: an urgent educational challenge”, as it appears at Appendix 18 to the present volume of Decisions.[14]


Item 8.2

Enlarged Partial Agreement on Sport (EPAS) – Request for observer status by New Zealand

(GR-C(2013)9)

Decision

The Deputies, in their composition restricted to the representatives of the States members of the Enlarged Partial Agreement on Sport (EPAS),[15] decided to invite New Zealand to accede to the EPAS as an observer.

Item 8.3

36th meeting of the Standing Committee of the European Convention on Spectator Violence (T‑RV)

(Strasbourg, 19-20 June 2013) – Critical review of the Convention – Study on the merits and desirability of updating the Convention

(CM(2013)118 and CM(2013)118-add)

Decisions

The Deputies

1.         took note of the study on the merits and desirability of updating the European Convention on Spectator Violence, prepared by the Standing Committee of the Convention (T-RV) (documents CM(2013)118 and CM(2013)118-add);

2.         instructed the Standing Committee (T-RV) to proceed with the revision of the Convention, within the framework of the existing intergovernmental structures and available resources.

Item 10.1

European Commission for the Efficiency of Justice (CEPEJ) –

Co-operation between the European Commission and the CEPEJ for the European Union Justice Scoreboard
(CM(2013)104-add2and CM/Del/Dec(2013)1183/10.1)

Decisions

The Deputies

1.         instructed the Secretariat to proceed with the elaboration and conclusion with the relevant services of the European Union of a contract for the CEPEJ to provide the European Commission with country specific information, based on the CEPEJ methodology, on the functioning of the justice systems of the EU member States in other than criminal justice matters;

2.         instructed the CEPEJ to report regularly to the Deputies on the implementation and results of this
co-operation.


Item 11.1

Appointment of members and alternate members of the Budget Committee for the period
1 January 2014 to 31 December 2016
(CM(2013)38, CM(2013)38-add1, CM(2013)38-add2, CM(2013)38-add3, CM(2013)38-add4, CM(2013)38-add5, CM(2013)38-add6, CM(2013)38-add7, CM(2013)38-add8, CM(2013)38-add9, CM(2013)38-add10 and

CM(2013)38-add11)

Decision

The Deputies, in accordance with Article 29 of the Financial Regulations, appointed the following members and alternate members of the Budget Committee for a term of three years from 1 January 2014 to 31 December 2016:

- from amongst the five highest contributor member States to the General Budget:

Member State

Member

Alternate member

France

Mr Jean Parmentier

Mr Romain Ornato

Germany

Mr Michael Laumanns

Ms Lisa-Christin Ragot

Italy

Mr Claudio de Rose

Ms Maria Teresa Polito

Russian Federation

Mr Nikolay Lozinskiy

Mr Yuriy Spirin

United Kingdom

Ms Joycelyn Mary Elizabeth Buchan

Mr Anthony John Parsons

- from amongst the other member States:

Member State

Member

Alternate member

Armenia

Mr Pavel Safaryan

 To be appointed

Austria

Mr Christoph Jackwerth

 Ms Angelina Migsich

Poland

Mr Bartosz Buraczyński

 Mr Szymon Chojnowski

Spain

Ms Marta Quintián Gorostegui

 Ms Beatriz González Betancort

Sweden

Mr Åke Hjalmarsson

 Ms Kristina Padrón

Turkey

Mr Cebrail Yılmazer

 Mr Ahmet Kurt

Item 11.2

Appointment of the External Auditor
(CM(2013)37, CM(2013)155, CM(2013)155-add, CM/Del/Dec(2013)1171/11.1 and CM/Del/Dec(2013)1178/11.1)

Decision

The Deputies appointed the Najwyższa Izba Kontroli (NIK), Poland, as External Auditor for a five‑year period beginning with the audit of the financial statements for the year ending 31 December 2014.


Item 11.3

Replacement of the voting system of the Assembly Chamber of the Palais de l’Europe

(CM(2013)153 and CM(2013)153-add)

Decisions

The Deputies

1.         agreed to increase the programme line “Investments” in the 2013 Ordinary Budget by €500 000, to be financed from within Pillar 4 (Governing Bodies, General Services and Other);

2.         approved the revised investment programme for 2013, as it appears at Appendix 19 to the present volume of Decisions.

Item 11.4

Reform of the contractual policy

and other measures to increase flexibility and simplify administrative procedures

(CM(2013)124, CM(2013)124-corr and CM(2013)124-corr2)

Decisions

The Deputies

1.         adopted Resolution CM/Res(2013)58 amending the Staff Regulations, as it appears at Appendix 20 to the present volume of Decisions;

2.         adopted Resolution CM/Res(2013)59 amending the Regulations on appointments (Appendix II to the Staff Regulations), as it appears at Appendix 21 to the present volume of Decisions;

3.         adopted Resolution CM/Res(2013)60 amending the Regulations governing staff salaries and allowances (Appendix IV to the Staff Regulations), as it appears at Appendix 22 to the present volume of Decisions;

4.         adopted Resolution CM/Res(2013)61 amending the Regulations on indemnity for loss of job
(Appendix VI to the Staff Regulations), as it appears at Appendix 23 to the present volume of Decisions;

5.         adopted Resolution CM/Res(2013)62 amending the Regulations on unpaid leave (Appendix VII to the Staff Regulations), as it appears at Appendix 24 to the present volume of Decisions;

6.         adopted Resolution CM/Res(2013)63 amending the Regulations on part-time work (Appendix IX to the Staff Regulations), as it appears at Appendix 25 to the present volume of Decisions;

7.         adopted Resolution CM/Res(2013)64 amending the Statute of the Administrative Tribunal (Appendix XI to the Staff Regulations), as it appears at Appendix 26 to the present volume of Decisions;

8.         adopted Resolution CM/Res(2013)65 amending the Regulations on the medical and social insurance scheme (Appendix XII to the Staff Regulations), as it appears at Appendix 27 to the present volume of Decisions;

9.         agreed that the reformed contractual policy should increase flexibility in staffing and efficiency of the Organisation, attract and retain the best quality staff, ensure contractual stringency and certainty, improve talent management and performance, and ensure independence, integrity, expertise and institutional memory;


10.        welcomed the Secretary General’s commitment to maintaining his moratorium on granting CDIs and to therefore grant new CDIs in very exceptional circumstances only, and agreed that this policy should be continued beyond the Secretary General’s mandate in order to further set a clear, continuous trend in favour of CDDs;

11.        invited the GR-PBA to examine, on the basis of a document to be prepared by the Secretary General, his expectations for the future proportion of CDDs, CDDs renewed beyond 10 years and CDIs and how and when these will be achieved, and the criteria for granting these different contracts, and to report back to the Committee of Ministers for a decision to be taken by May 2014;

12.        invited the Secretary General to report annually on and evaluate the implementation and impact of the reform of the contractual policy, including by providing on a six monthly basis statistics on the proportion of CDDs, CDDs renewed beyond 10 years and CDIs within the Organisation’s entire workforce;

13.        undertook to review the contractual policy in advance of the 2016-2017 biennium, by no later than April 2015 based on a document prepared by the Secretary General.

Item 11.5

Buildings – Sale of the EDQM building in the Meinau

(CM/Inf(2013)39)

Decision

The Deputies, in their composition restricted to the representatives of the States Parties to the Convention on the Elaboration of a European Pharmacopoeia,[16] took note of the terms of the sale of the European Directorate for the Quality of Medicine (EDQM) building in the Meinau, as set out in document CM/Inf(2013)39.


Appendix 1
(Item 1.1)

1187 meeting of the Ministers' Deputies
(Strasbourg, 11 (10 a.m.) – 12 (10 a.m.) December 2013)

Agenda

1.

General questions

1.1

Adoption of the agenda

(CM/Del/OJ(2013)1187)

1.2

Preparation of forthcoming meetings

(CM/Notes/1187/1.2 of 9.12.2013)

1.3

Dialogue with the Secretary General and the Deputy Secretary General

1.4

Report of the Bureau

(CM/Bur/Del(2013)23)

1.5

Conferences of specialised ministers – State of preparation

(CM/Inf(2013)41)

1.6

Thematic debate: “Safety of journalists – Further steps for the better implementation of human rights standards”

(SG/Inf(2013)42 and DD(2013)1319)

1.7

High-level Conference “Combating Racism, Xenophobia and Intolerance in Europe” (Yerevan,
21-22 October 2013) – Follow-up

(DD(2013)1275)
(CM/Notes/1187/1.7 of 27.11.2013)

1.8

Ministerial Sessions: raising the level of participation –
Report of the Ad hoc Working Party on Ministerial Sessions (GT-SM)
(Item prepared by the GT-SM on 25.11.2013)

(CM(2013)164)
(CM/Notes/1187/1.8 of 5.12.2013)


2.

Democracy and political questions

2.1

The Council of Europe and the conflict in Georgia

(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, SG/Inf(2009)5-add, SG/Inf(2009)9, CM/AS(2009)Quest572, DD(2009)447, SG/Inf(2009)15-final, SG/Inf(2009)5-add2, Parliamentary Assembly REC_1846(2008) and CM/AS(2009)Rec1846-final, Parliamentary Assembly REC_1857(2009) and CM/AS(2009)Rec1857-final, CM(2009)164, Parliamentary Assembly REC_1869(2009) and CM/AS(2010)Rec1869-final, DD(2010)71, DD(2010)95, SG/Inf(2010)7, SG/Inf(2010)8, DD(2010)238, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559, SG/Inf(2011)8, SG/Inf(2011)24, SG/Inf(2012)5, SG/Inf(2012)28-rev, SG/Inf(2013)13 and SG/Inf(2013)38)

2.1bis

Current political questions
- Statement by the Representative of Lithuania

2.2

Situation in Cyprus

3.

Parliamentary Assembly

3.1

Standing Committee (Vienna, 22 November 2013) – Texts adopted

(2013 Session (Provisional Compendium of texts adopted))
(CM/Notes/1187/3.1 of 28.11.2013)

3.2

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

a. Written Question No. 642 by Mr Mogens Jensen: “The situation of Burmese refugees in Romania”

(CM/Del/Dec(2013)1181/3.2b and CM/AS(2013)Quest642-prov)
(CM/Notes/1187/3.2a of 29.11.2013)

b. Written Question No. 645 by Mr Charles Kennedy: “Potential Scottish Independence”

(CM/Del/Dec(2013)1182/3.1a and CM/AS(2013)Quest645-prov)
(CM/Notes/1187/3.2b of 2.12.2013)

4.

Human rights

H46-1

Supervision of execution of judgments of the European Court of Human Rights –
Adoption of final resolutions

(CM/Notes/1187/H46-1 of 29.11.2013)

4.1

European Social Charter –
Follow-up to the decisions of the European Committee of Social Rights (ECSR) in the context of the collective complaints procedure ‒
Draft Resolution CM/ResChS(2013)
European Council of Police Trade Unions (CESP) v. Portugal, Collective Complaint No. 60/2010
(Item prepared by the GR-SOC on 26.11.2013)

(Report CEDS(2010)60 from the European Committee of Social Rights to the Committee of Ministers and CM(2013)147)
(CM/Notes/1187/4.1 of 28.11.2013)

4.2

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

a. Exchange of views with Mr Lətif Hüseynov, President of the CPT

b. 23rd general activity report (1 August 2012 – 31 July 2013)

(CM(2013)151)
(CM/Notes/1187/4.2ab of 25.11.2013)

c. Election of members of the CPT in respect of France, Monaco, the Netherlands and Slovenia
(Item prepared by the GR-H on 10.12.2013)

(CM(2013)156, AS/Bur(2013)70, AS/Bur(2013)71, AS/Bur(2013)35-rev and AS/Bur(2013)69)
(CM/Notes/1187/4.2c of 26.11.2013)

4.3

Framework Convention for the Protection of National Minorities ‒
Election of an expert to the list of experts eligible to serve on the Advisory Committee ‒
Candidates in respect of the Slovak Republic
(Item prepared by the GR-H on 10.12.2013)

(CM(2013)140)
(CM/Notes/1187/4.3 of 26.11.2013)

4.4

European Social Charter –
Follow-up to the decisions of the European Committee of Social Rights (ECSR) in the context of the collective complaints procedure ‒
Follow-up of the Collective Complaint No. 63/2010 by the Centre on Housing Rights and Evictions (COHRE) v. France

(Report from the European Committee of Social Rights CEDS(2010)63 to the Committee of Ministers, CM/ResChS(2011)9 and DD(2013)1329)
(CM/Notes/1187/4.4 of 29.11.2013)

4.5

“Frontex: human rights responsibilities” ‒
Parliamentary Assembly Recommendation 2016 (2013)
(Item prepared by the GR-H on 10.12.2013)

(Parliamentary Assembly REC_2016(2013) and CM/AS(2013)Rec2016-prov2)
(CM/Notes/1187/4.5 of 10.12.2013)

4.6

European Commission against Racism and Intolerance (ECRI)
Appointment of members and deputies to the members in respect of Bosnia and Herzegovina and Ukraine
(Item prepared by the GR-H on 10.12.2013)

(Resolutions Res(2002)8 and CM/Res(2013)12, DGII/Inf(2013)13, DGII/Inf(2013)12)
(CM/Notes/1187/4.6 of 26.11.2013)

5.

Media

5.1

European Audiovisual Observatory –
Request by the Kingdom of Morocco to be invited to accede
(Item prepared by the GR-C on 13.11.2013)

(GR-C(2013)14)
(CM/Notes/1187/5.1 of 15.11.2013)

5.2

Council of Europe Conference of Ministers responsible for Media and Information Society (Belgrade, 7-8 November 2013) – Report of the Secretary General
(Item prepared by the GR-H on 10.12.2013)

(CM(2013)162)
(CM/Notes/1187/5.2 of 10.12.2013)


6.

Social cohesion

6.1

European Directorate for the Quality of Medicines and Healthcare (EDQM) ‒
European Committee on Organ Transplantation (Partial Agreement) (CD-P-TO)
(Item prepared by the GR-SOC on 26.11.2013)

a. Draft Resolution CM/Res(2013)… on establishing procedures for the collection and dissemination of data on transplantation activities outside a domestic transplantation system

(CM(2013)40-rev2)
(CM/Notes/1187/6.1a of 29.11.2013)

b. Draft Resolution CM/Res(2013)… on the development and optimisation of live kidney donation programmes and its Explanatory Memorandum

(CM(2013)145 and CM(2013)145-add)
(CM/Notes/1187/6.1b of 29.11.2013)

6.2

“Equal access to health care” ‒
Parliamentary Assembly Recommendation 2020 (2013)
(Item prepared by the GR-SOC on 26.11.2013)

(Parliamentary Assembly REC_2020(2013) and CM/AS(2013)Rec2020-prov)
(CM/Notes/1187/6.2 of 28.11.2013)

6.3

European Committee for Social Cohesion (CDCS)
(Item prepared by the GR-SOC on 26.11.2013)

a. Abridged report of the 26th meeting (Strasbourg, 25-27 September 2013)

(CM(2013)152)

b. Draft Recommendation CM/Rec(2013)… of the Committee of Ministers to member States on a Council of Europe Charter on shared social responsibilities

(CM(2013)152-add1)

(Sub-item b. postponed)

c. Draft Recommendation CM/Rec(2013)… of the Committee of Ministers to member States on ensuring full, equal and effective participation of persons with disabilities in culture, sports, tourism and leisure activities

(CM(2013)152-add2)

d. Linguistic integration of adult migrants: draft guide to public policy development

(CM(2013)152-add3)

(CM/Notes/1187/6.3 of 28.11.2013)

6.4

“Nanotechnology: balancing benefits and risks to public health and the environment” ‒
Parliamentary Assembly Recommendation 2017 (2013)
(Item prepared by the GR-SOC on 26.11.2013)

(Parliamentary Assembly REC_2017(2013) and CM/AS(2013)Rec2017-prov)
(CM/Notes/1187/6.4 of 28.11.2013)


6.5

Enlarged Partial Agreement on the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group) – Request by Mexico for observer status with the Pompidou Group
(Item prepared by the GR-SOC on 26.11.2013)

(CM/Inf(2013)37)
(CM/Notes/1187/6.5 of 29.11.2013)

6.6

Follow-up to the Strasbourg Declaration on Roma ‒
Second Progress Report (May 2011 – April 2013) by the Secretary General
(Item prepared by the GR-SOC on 26.11.2013)

(SG/Inf(2013)27)
(CM/Notes/1187/6.6 of 28.11.2013)

6.7

European Roma and Travellers’ Forum (ERTF) –
Review of the operation and renewal of the Partnership Agreement between the Council of Europe and the European Roma and Travellers’ Forum
(Item prepared by the GR-SOC on 26.11.2013)

(CM/Del/Dec(2013)1173/6.2, SG/Inf(2013)40, DD(2013)1180 and DD(2013)1254)
(CM/Notes/1187/6.7 of 28.11.2013)

7.

Education and culture

7.1

Enlarged Partial Agreement on Cultural Routes (EPA)
(Item prepared by the GR-C on 13.11.2013 and in the framework of informal consultations)

a. Activity report of the EPA for the period 2010-2013

(CM(2013)146)

b. Draft Resolution CM/Res(2013)… confirming the establishment of the Enlarged Partial Agreement on Cultural Routes (EPA)

c. Draft Resolution CM/Res(2013)… revising the rules for the award of the “Cultural Route of the Council of Europe” certification and its Explanatory Memorandum

(CM(2013)148-rev2 and CM(2013)148-addrev)

(CM/Notes/1187/7.1 of 18.11.2013)

(Item postponed)

7.2

Steering Committee for Culture, Heritage and Landscape (CDCPP)
(Item prepared by the GR-C on 13.11.2013)

a. Abridged report of the 2nd meeting (Strasbourg, 27-29 May 2013)

b. Draft Recommendation CM/Rec(2013)… on the European Landscape Convention Information System of the Council of Europe and its glossary

c. Landscape Award of the Council of Europe

(CM(2013)111)
(CM/Notes/1187/7.2 of 15.11.2013)


7.3

Partial Agreement on the European Support Fund for the Co-production and Distribution of Creative Cinematographic and Audiovisual Works “EURIMAGES” – Amendment to Resolution Res(88)15
(Point prepared by the GR-C on 13.11.2013)

(CM(2013)112 and GR-C(2013)CB6)
(CM/Notes/1187/7.3 of 6.12.2013)

8.

Youth and sport

8.1

“Young Europeans: an urgent educational challenge” –
Parliamentary Assembly Recommendation 2014 (2013)
(Item prepared by the GR-C on 13.11.2013)

(Parliamentary Assembly REC_2014(2013) and CM/AS(2013)Rec2014-prov2)
(CM/Notes/1187/8.1 of 15.11.2013)

8.2

Enlarged Partial Agreement on Sport (EPAS) –
Request for observer status by New Zealand
(Item prepared by the GR-C on 13.11.2013)

(GR-C(2013)9)
(CM/Notes/1187/8.2 of 15.11.2013)

8.3

Standing Committee of the European Convention on Spectator Violence (T‑RV) –
36th meeting (Strasbourg, 19-20 June 2013) – Critical review of the Convention –
Study on the merits and desirability of updating the Convention
(Item prepared by the GR-C on 13.11.2013)

(CM(2013)118 and CM(2013)118-add)
(CM/Notes/1187/8.3 of 15.11.2013)

10.

Legal questions

10.1

European Commission for the Efficiency of Justice (CEPEJ) –
Co-operation between the European Commission and the CEPEJ for the European Union Justice Scoreboard
(Item prepared by the GR-J on 3.10.2013)

(CM/Del/Dec(2013)1183/10.1 and CM(2013)104-add2)
(CM/Notes/1187/10.1 of 9.12.2013)

11.

Programme, Budget and Administration

11.1

Appointment of members and alternate members of the Budget Committee for the period
1 January 2014 to 31 December 2016

(CM(2013)38, CM(2013)38-add1, CM(2013)38-add2, CM(2013)38-add3, CM(2013)38-add4, CM(2013)38-add5, CM(2013)38-add6, CM(2013)38-add7, CM(2013)38-add8, CM(2013)38-add9, CM(2013)38-add10 and CM(2013)38-add11)
(CM/Notes/1187/11.1 of 24.11.2013)

11.2

Appointment of the External Auditor

(CM/Del/Dec(2013)1171/11.1, CM/Del/Dec(2013)1178/11.1, CM(2013)37-rev, CM(2013)155 and CM(2013)155-add)
(CM/Notes/1187/11.2 of 27.11.2013)


11.3

Replacement of the voting system of the Assembly Chamber of the Palais de l’Europe
(Item prepared by the GR-PBA on 19.11.2013)

(CM(2013)153 and CM(2013)153-add)
(CM/Notes/1187/11.3 of 29.11.2013)

11.4

Reform of the contractual policy
and other measures to increase flexibility and simplify administrative procedures
(Item prepared by the GR-PBA on 19.11.2013)

(CM/Del/Dec(2013)1185/11.7, CM(2013)124, CM(2013)124-corr, CM(2013)124-corr2 and DD(2013)1314)
(CM/Notes/1187/11.4 of 10.12.2013)

11.5

Building – Sale of the EDQM building in the Meinau

(CM/Inf(2013)39)
(CM/Notes/1187/11.5 of 9.12.2013)

12.

Congress of Local and Regional Authorities of the Council of Europe

12.1

Communication by the Secretary General of the Congress on the results of the 25th Plenary Session (Strasbourg, 29-31 October 2013)

(CG(25)26)

13.

Other business

a. Statement by the Representative of Germany

b. Statement by the Representative of France


Appendix 2
(Item 1.2)

1187bis meeting of the Ministers' Deputies
(Strasbourg, 18 (10 a.m.) December 2013)

Draft Agenda

In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 20 November 2013
Notes: 6 December 2013

1.

General questions

1.1

Adoption of the agenda

(CM/Del/OJ(2013)1187bis)

1.2

Preparation of forthcoming meetings

1.3

Dialogue with the Secretary General and the Deputy Secretary General

(SG/Com(2013)1187bis and SG/Inf(2013)…)

1.4

Report of the Bureau

(CM/Bur/Del(2013)…)

1.5

Election of the Secretary General – Procedure

(CM(2013)158, CM(2013)165 and CM(2013)166 of …)
(CM/Notes/1187bis/1.5 of …)

2.

Democracy and political questions

2.1

The Council of Europe and the conflict in Georgia

(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, SG/Inf(2009)5-add, SG/Inf(2009)9, CM/AS(2009)Quest572, DD(2009)447, SG/Inf(2009)15-final, SG/Inf(2009)5-add2, Parliamentary Assembly REC_1846(2008) and CM/AS(2009)Rec1846-final, Parliamentary Assembly REC_1857(2009) and CM/AS(2009)Rec1857-final, CM(2009)164, Parliamentary Assembly REC_1869(2009) and CM/AS(2010)Rec1869-final, DD(2010)71, DD(2010)95, SG/Inf(2010)7, SG/Inf(2010)8, DD(2010)238, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559, SG/Inf(2011)8, SG/Inf(2011)24, SG/Inf(2012)5, SG/Inf(2012)28-rev, SG/Inf(2013)13 and SG/Inf(2013)38)

2.1bis

Current political questions

2.2

Situation in Cyprus

4.

Human rights

H46-1

Supervision of execution of judgments of the European Court of Human Rights –
Adoption of final resolutions

(CM/Notes/1187bis/H46-1 of 5.12.2013)


4.1

United Nations –
Preparation of the exchange of views (human rights questions) with experts from capitals –
Fixing of agenda
(Item prepared by the GR-H on 10.12.2013)

(CM/Del/Dec(96)554/4.6 and CM/Del/Dec(2007)990/2.3)
(CM/Notes/1187bis/4.1 of …)

4.2

Framework Convention for the protection of national minorities
(Item prepared by the GR-H on 10.12.2013)

a. Draft Resolution CM/ResCMN(2013)… on the implementation of the Framework Convention by Romania

(CM(2013)71)
(CM/Notes/1187bis/4.2a of …)

b. Draft Resolution CM/ResCMN(2013)… on the implementation of the Framework Convention by Ukraine

(CM(2013)94)
(CM/Notes/1187bis/4.2b of …)

7.

Education and culture

7.1

Enlarged Partial Agreement on Cultural Routes (EPA)
(Item prepared by the GR-C on 13.11.2013 and in the framework of informal consultations)

a. Activity report of the EPA for the period 2010-2013

(CM(2013)146)

b. Draft Resolution CM/Res(2013)… confirming the establishment of the Enlarged Partial Agreement on Cultural Routes (EPA)

c. Draft Resolution CM/Res(2013)… revising the rules for the award of the “Cultural Route of the Council of Europe” certification and its Explanatory Memorandum

(CM(2013)148-rev2 and CM(2013)148-addrev)

(CM/Del/Dec(2013)1187/1.1)
(CM/Notes/1187bis/7.1 of …)

13.

Other business


Appendix 3
(Item 1.2)

1188 meeting of the Ministers' Deputies
(Strasbourg, 15 (10 a.m.) January 2014)

Draft Agenda

In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 18 December 2013
Notes: 3 January 2014

1.

General questions

1.1

Adoption of the agenda

(CM/Del/OJ(2014)1188)

1.2

Preparation of forthcoming meetings

(CM/Notes/1188/1.2 of …)

1.3

Dialogue with the Secretary General and the Deputy Secretary General

(SG/Com(2014)1188 and SG/Inf(2014)…)

1.4

Report of the Bureau

(CM/Bur/Del(2014)…)

1.5

Conferences of specialised ministers – State of preparation

(CM/Inf(2013)41)

2.

Democracy and political questions

2.1

The Council of Europe and the conflict in Georgia

(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, SG/Inf(2009)5-add, SG/Inf(2009)9, CM/AS(2009)Quest572, DD(2009)447, SG/Inf(2009)15-final, SG/Inf(2009)5-add2, Parliamentary Assembly REC_1846(2008) and CM/AS(2009)Rec1846-final, Parliamentary Assembly REC_1857(2009) and CM/AS(2009)Rec1857-final, CM(2009)164, Parliamentary Assembly REC_1869(2009) and CM/AS(2010)Rec1869-final, DD(2010)71, DD(2010)95, SG/Inf(2010)7, SG/Inf(2010)8, DD(2010)238, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559, SG/Inf(2011)8, SG/Inf(2011)24, SG/Inf(2012)5, SG/Inf(2012)28-rev, SG/Inf(2013)13 and SG/Inf(2013)38)

2.1bis

Current political questions

2.2

Situation in Cyprus

3.

Parliamentary Assembly

3.1

Preparation of the Joint Committee (Strasbourg, 30 January 2014)

(CM/Notes/1188/3.1 of …)


4.

Human rights

H46-1

Supervision of execution of judgments of the European Court of Human Rights –
Adoption of final resolutions

(CM/Notes/1188/H46-1 of …)

H46-2

Cases against Azerbaijan
35877/04 Mahmudov and Agazade – Judgment of 18/12/2008 – Final of 18/03/2009
40984/07 Fatullayev – Judgment of 22/04/2010 – Final of 4/10/2010

(CM/Notes/1188/H46-2 of …)

4.1

Exchange of views with Mr Dean Spielmann, President of the European Court of Human Rights

8.

Youth and sport

8.1

“Young people’s access to fundamental rights” –
Parliamentary Assembly Recommendation 2015 (2013)
(Item prepared by the GR-C on 13.11.2013 and to be prepared by the GR-H on 10.12.2013)

(Parliamentary Assembly REC_2015(2013) and CM/AS(2013)Rec2015-prov2)
(CM/Notes/1188/8.1 of …)

10.

Legal questions

10.1

European Charter for Regional or Minority Languages
(Item to be prepared by the GR-J on 12.12.2013)

a. Election of a member of the Committee of Experts in respect of Spain

(CM(2013)144)
(CM/Notes/1188/10.1a of …)

b. Election of a member of the Committee of Experts in respect of Bosnia and Herzegovina

(CM(2013)157)
(CM/Notes/1188/10.1b of …)

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

(CM(2013)129)
(CM/Notes/1188/10.1c of …)

d. Third report of the Committee of Experts in respect of Armenia

(CM(2013)163)
(CM/Notes/1188/10.1d of …)

e. Third report of the Committee of Experts in respect of Luxembourg

(CM(2013)149)
(CM/Notes/1188/10.1e of …)

f. Fourth report of the Committee of Experts in respect of the United Kingdom

(CM(2013)150)
(CM/Notes/1188/10.1f of …)


10.2

Committee of Experts on Terrorism (CODEXTER) –
Abridged report of the 25th meeting (Istanbul, 23-24 October 2013)
(Item to be prepared by the GR-J on 12.12.2013)

(CM(2013)160)
(CM/Notes/1188/10.2 of …)

10.3

“Promoting alternatives to imprisonment” –
Parliamentary Assembly Recommendation 2018 (2013)
(Item to be prepared by the GR-J on 12.12.2013)

(Parliamentary Assembly REC_2018(2013) and CM/AS(2013)Rec2018-prov)
(CM/Notes/1188/10.3 of …)

10.4

“Corruption as a threat to the rule of law” –
Parliamentary Assembly Recommendation 2019 (2013)
(Item to be prepared by the GR-J on 12.12.2013)

(Parliamentary Assembly REC_2019(2013) and CM/AS(2013)Rec2019-prov)
(CM/Notes/1188/10.4 of …)

10.5

European Convention on Compulsory insurance against Civil Liability in respect of Motor Vehicles (ETS No. 29) – Request for accession by the Kingdom of Morocco
(Item to be prepared by the GR-J on 12.12.2013)

(GR-J(2013)20)
(CM/Notes/1188/10.5 of …)

10.6

European Committee on Crime Problems (CDPC) –
Draft Council of Europe Convention against Trafficking in Human Organs and its Explanatory Report

(Item to be prepared by the GR-J on 12.12.2013)

(CM(2013)79 and CM(2013)79-add)
(CM/Notes/1188/10.6 of …)

13.

Other business


Appendix 4
(Item 1.2)

1189 meeting of the Ministers' Deputies
(Strasbourg, 22 (10 a.m.) January 2014)

Draft Agenda

In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 20 December 2013
Notes: 10 January 2014

1.

General questions

1.1

Adoption of the agenda

(CM/Del/OJ(2014)1189)

1.2

Preparation of forthcoming meetings

1.3

Dialogue with the Secretary General and the Deputy Secretary General

(SG/Com(2014)1189 and SG/Inf(2014)…)

1.4

Report of the Bureau

(CM/Bur/Del(2014)…)

2.

Democracy and political questions

2.1

The Council of Europe and the conflict in Georgia

(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, SG/Inf(2009)5-add, SG/Inf(2009)9, CM/AS(2009)Quest572, DD(2009)447, SG/Inf(2009)15-final, SG/Inf(2009)5-add2, Parliamentary Assembly REC_1846(2008) and CM/AS(2009)Rec1846-final, Parliamentary Assembly REC_1857(2009) and CM/AS(2009)Rec1857-final, CM(2009)164, Parliamentary Assembly REC_1869(2009) and CM/AS(2010)Rec1869-final, DD(2010)71, DD(2010)95, SG/Inf(2010)7, SG/Inf(2010)8, DD(2010)238, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559, SG/Inf(2011)8, SG/Inf(2011)24, SG/Inf(2012)5, SG/Inf(2012)28-rev, SG/Inf(2013)13 and SG/Inf(2013)38)

2.1bis

Current political questions

2.2

Situation in Cyprus

3.

Parliamentary Assembly

3.1

Communication by the Secretary General of the Parliamentary Assembly on the preparation of the 1st part of the 2014 Session (Strasbourg, 27-31 January 2014) and other Assembly activities

(SG/AS(2014)…)


4.

Human rights

H46-1

Supervision of execution of judgments of the European Court of Human Rights
Adoption of final resolutions

(CM/Notes/1189/H46-1 of …)

6.

Social cohesion

6.1

Ad hoc Committee of Experts on Roma Issues (CAHROM)
Abridged report of the 6th meeting (Rome, 28-31 October 2013)

(Item to be prepared by the GR-SOC on 16.1.2014)

(CM(2013)…)
(CM/Notes/1189/6.1 of …)

10.

Legal questions

10.1

Consultative Council of European Prosecutors (CCPE)
(Item to be prepared by the GR-J on 12.12.2013)

a. Exchange of views with Mr Antonio Mura, President of the Consultative Council of European Prosecutors (CCPE)

b. Abridged report of the 8th meeting (Yerevan, 8-9 October 2013)

(CM(2013)161)

c. Opinion No. 8 (2013) of the Consultative Council of European Prosecutors (CCPE) on relations between prosecutors and the media

(CM(2013)161-add)

(CM/Notes/1189/10.1 of …)

13.

Other business


Appendix 5

(Item 3.2a)

Reply to Written Question No. 642 by Mr Mogens Jensen on

“The situation of Burmese refugees in Romania”

(Adopted by the Committee of Ministers on 11 December 2013
at the 1187th meeting of the Ministers’ Deputies)

1.         When considering the question put by the Honourable Parliamentarian, the Committee of Ministers was informed by the Romanian delegation that its authorities have taken all the necessary measures to assist the Myanmar refugees with a view to their integration and access to employment.

2.         As stated, the refugees in question received financial support for a period of nine months, as provided for in domestic legislation for all persons in such a situation.  In addition, according to the information provided by the Romanian authorities, a number of supplementary measures have been taken or offered to the members of the group. They were informed of the assistance available not only from central government institutions, but also by means of complementary activities undertaken within projects financed by the European Integration Fund, UNHCR Romania and local NGOs (Romanian language courses, counselling and support in order to access the labour market, job training, meetings with potential employers etc.).

3.         The Romanian authorities have informed the Committee of Ministers that, despite these measures, the group of refugees in question showed little interest in obtaining employment, even declining in the first place to fulfil the legal procedure regarding the signing of the documents related to the accommodation, assistance asset and registering in the integration programme.  They also showed little or no interest in the Romanian language courses offered with a view to assisting integration and access to employment. 

4.         Moreover, the Romanian authorities have pointed out that efforts were also made to diversify the job opportunities to which the Myanmar refugees could have had access, had they decided to pursue integration into the local labour market. The efforts included job offers paying a couple of times the minimum wage but they were declined by the members of the group, who claimed that their goal was to be resettled in other countries. In fact, most of the members of the group had left Romania as from June 2011.

5.         Finally, the Romanian delegation has underlined that, despite the lack of interest towards integration in the Romanian society demonstrated so far by most of the Myanmar refugees, the national authorities continue to provide assistance to those who are still in Romania, employing all possibilities provided for in the relevant domestic legislation. These measures continue to include financial support, free accommodation and medical care, and support in view of accessing jobs.

6.         As recalled in the reply to the previous question on this same question, Romania is bound by a number of Council of Europe and other international instruments with regard to refugees.  In the light of the detailed information provided by the Romanian authorities, the Committee of Ministers considers that Romania is fully assuming its responsibilities in this area.


Appendix 6

(Item 3.2b)

Reply to Written Question No. 645 by Mr Charles Kennedy on

“Potential Scottish independence”

(Adopted by the Committee of Ministers on 11 December 2013
at the 1187th meeting of the Ministers’ Deputies)

The Committee of Ministers informs the Honorable Parliamentarian that the issues which he has raised have not been discussed within the Committee. This being so, at the meeting on 24 October 2013, the representative of the United Kingdom informed the Committee about his government’s position on these issues.


Appendix 7

(Item 4.1)

Resolution CM/ResChS(2013)18

European Council of Police Trade Unions (CESP) v. Portugal
Collective Complaint No. 60/2010

(Adopted by the Committee of Ministers on 11 December 2013
at the 1187th meeting of the Ministers' Deputies)

The Committee of Ministers,[17]

Having regard to Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints;

Taking into consideration the complaint lodged on 18 March 2010 by the European Council of Police Trade Unions (CESP) against Portugal;

Having regard to the report transmitted by the European Committee of Social Rights containing its decision on the merits, in which it concluded:

-        by a majority of 13 to 1, that there is a violation of Article 4§2 of the Revised Charter on the grounds that police officers on active prevention (prevenção activa) duties and shift duties (serviço de piquete) do not receive increased remuneration as required nor even remuneration equivalent to their basic hourly pay.

It is recalled that the principle of this provision is that work performed outside normal working hours requires an increased effort on the part of the worker and must be compensated. Therefore, as a general rule, not only must the worker receive payment for overtime, therefore, but also the rate of such payment must be higher than the normal wage rate (Conclusions I, Statement of Interpretation of Article 4§2). Compensation for overtime work may also be granted as time off in lieu, however in that case Article 4§2 requires that this time be longer than the additional hours worked (Conclusions XIV-2, Belgium).

It is also acknowledged that there may be mixed systems for compensating overtime, for example where an employee is paid the normal rate for the overtime worked but also receives time in lieu, or where the extra time worked is “banked”. Exceptions may be authorised in certain specific cases such as that of managers with particular responsibilities and staff whose activities warrant exceptions. Therefore some high-ranking police officials need not receive supplements/increased remuneration for overtime work but this exception cannot be extended to all ranks of police officers performing management duties but having no particular responsibilities, irrespective of what the corps to which they belong is called (CESP v. France Complaint No. 57/2009, decision on the merits of 1 December 2010).

It was found in the case CESP v. France (Complaint No. 57/2009, abovementioned decision, §53) that neither the members of the supervision and enforcement corps nor those of the command corps of the national police force could all be categorised as staff to which the exceptions provided for in Article 4§2 of the Charter could apply; and therefore the flat-rate nature of the remuneration paid for overtime by the supervision and enforcement corps constituted a violation of the Charter and this was not the case for the command corps, because overtime pay amounted to 1.5 times the normal hourly rate.


Also, the notion of overtime exceeding normal working hours or hours of service may be viewed differently depending both on the type of responsibility exercised or the nature of the activity and on the way in which the work is organised and the basic means of calculation.

Many of the States Party which have accepted Article 4§2 have adopted schemes providing for flexible working hours, in which working hours are calculated as an average over given reference periods. The result of these schemes is that hours worked in excess of the average number are compensated in practice by rest periods in the course of other weeks within the reference period. Such arrangements are, prime facie, not in breach of Article 4§2 (General Introduction to Conclusions XIV-2).

The special nature of police activities, particularly those of the criminal investigation branches, implies that in order to provide the continuous service required by the Portuguese Organic Law of 2000, patterns of work organisation and methods of calculating pay need to be adjusted.

It is in the light of these considerations that will be examined in turn the remuneration of passive prevention (prevenção passiva), active prevention (prevenção activa) and shift duties (serviço de piquete).

As regards to passive prevention duties, when police officers are on these duties they are not in fact required to work but are on call. The employees on call or standby but not actually working must be compensated for this (CESP v. Portugal, Complaint No. 37/2006, decision on the merits of 3 December 2007, §33). Once the situation arises in which employees have to give up any private activity which would prevent them from responding immediately to a request from their employer, the only acceptable form of remuneration is one which is based on a variable percentage according to the amount of time spent on call. It has been repeatedly held that it is a breach of the Charter, for employees on call or standby to be paid at a lower rate if they are actually called on to work. This reasoning applies to all such situations in the police regardless as to what name they are given (CESP v. France, Complaint No. 57/2009, abovementioned decision).

When it dealt with this issue in 2006, however, the Committee considered that the payment of Portuguese police officers’ on-call duties should be regarded as having been covered by the on-call allowance which formed part of their basic pay and hence that the situation was not incompatible with Article 4§2 of the Revised Charter (CESP v. Portugal, Complaint No. 37/2006, abovementioned decision, §33). None of the evidence in possession leads to reverse this position on this matter in the present case.

With regard to active prevention duties, which arise when police officers on passive prevention duties must in fact work, it is noted that according to the very precise calculations provided by the CESP, that were not disputed by the government, the remuneration for this type of duty is always lower than the basic hourly rate of pay, at €2.79 to €7.79 per hour depending on the time at which the work is performed and the officer’s grade. It is, however, considered whether these tasks should be regarded as being remunerated like those of passive prevention, by the allowance included in the officers’ basic pay. This interpretation should not be ruled out straight away but is impossible to be adopted since the law sets no precise limit and therefore there may be an almost unlimited extension of working hours. Consequently, there is a violation of Article 4§2 of the Revised Charter.

As to shift duties, unlike for prevention tasks, it is impossible to see how payment for these tasks could be included in basic pay. The documents provided by the CESP, which were not disputed by the government, show that the extra pay supplement awarded for each working day (of 17 to 24 hours according to whether the day in question was a weekday or weekend, to which this task had been partly ascribed) amounts to an hourly rate which is hardly any higher or slightly lower than the basic hourly wage, between €2.00 and €2.50 depending on the time when work is carried out and the officer’s grade. Therefore there is a violation of Article 4§2 even without taking into consideration the ceiling on payments for overtime which the CESP describes and whose existence the government does not deny.


-        unanimously, that there is no violation of Article 6§§1 and 2 of the Revised Charter.

The submissions of the CESP do not distinguish between a violation of Articles 6§§1 and 2 of the Revised Charter, but generally allege that the right of police staff to collective negotiation and to consultation as guaranteed by these provisions is not respected. Given the close link between Article 6§1 and 6§2 of the Revised Charter as regards the right to collective bargaining, the Committee treated these provisions together CESP v. Portugal, Complaint No. 40/2007, decision on the merits of 23 September 2008).

The complainants have not developed this argument; no information on consultation mechanisms, procedures etc. has been provided, nor has it been stated that there are no such mechanisms or procedures. This allegation was also made in CESP v. Portugal, (Complaint No. 37/2006, abovementioned decision, §37) and then it found no violation on the grounds that the argument was presented somewhat summarily and the CESP did not adduce enough evidence. The same approach is followed in this case.

-        unanimously, that there is no violation of Article 22 of the Revised Charter.

It is recalled that this provision guarantees the right of workers to take part in the determination and improvement of their working conditions and working environment within the undertaking. Pursuant to the Appendix, Part II, to the Revised Charter, the term “undertaking” is understood as referring to “a set of tangible and intangible components, with or without legal personality, formed to produce goods or provide services for financial gain and with power to determine its own market policy”.

Consequently, even though Article 22 may apply to workers in State-owned enterprises, public employees are as a whole not covered by these provisions (Conclusions XIII-5, Norway). It follows that the right of police staff to participation in the determination and improvement of their working conditions and working environment in the case at hand does not fall within the scope of application of Article 22 of the Revised Charter and therefore there is no violation of this Article (CESP v. Portugal, Complaint No. 40/2007, abovementioned decision).

Having regard to the information communicated by the delegation of Portugal during the meetings of the Rapporteur Group on Social and Health Questions (GR-SOC) of 25 October 2012 and 10 October 2013,

1.         takes note of the statement made by the respondent government indicating that Portugal maintains its efforts in finding a satisfactory solution to the issues raised by the European Committee of Social Rights and undertakes to bring the situation into conformity with the Revised Charter (cf. Appendix to the present resolution);

2.         looks forward to Portugal reporting that, at the time of the submission of the next report concerning the relevant provisions of the revised European Social Charter, the situation is in full conformity with the revised European Social Charter.


Appendix to Resolution CM/ResChS(2013)18

Information communicated by the delegation of Portugal during the meetings of the Rapporteur Group on Social and Health Questions (GR-SOC) of 25 October 2012 and 10 October 2013

Statement by the Permanent Representative of Portugal at the GR-SOC meeting of 25 October 2012 (document DD(2012)1010):


Intervention of the Portuguese Delegation at the GR-SOC meeting of 10 October 2013 (document DD(2013)1073):

“This delegation would like to inform that the Portuguese Government is still in negotiations with the Criminal Police to find a solution that can be acceptable to both parties in order to find the best model for the payment of active prevention, shift duties and overtime work to the criminal law enforcement officers. We just received information on the strong commitment of the Portuguese authorities to find the right solution.

These efforts are being pursued in good faith and with a sincere wish to provide a sustainable solution, through the adoption of a legal instrument, which will contain a set of rules for the proper regulation of the issues raised in the Collective Complaint No. 60.

The Portuguese authorities recognise and understand the steps that need to be taken and would have been very satisfied if a solution had already been found. However, this has not yet been possible.

As a Party to the Revised Social Charter, of which we accepted to be bound by all articles, and also as a Party to the collective complaints protocol, Portugal is one of Europe’s most advanced countries concerning social rights and has been at the forefront of the protection and promotion of these rights for all its citizens.

The Social Charter and the collective complaints protocol have an evolutive nature. By ratifying these instruments, the Parties commit themselves to pursue by all appropriate means the attainment of the conditions for the realisation of the rights enshrined in the Charter.

In this context, the Portuguese authorities are using the means available to them to comply with the Charter. In the case of this complaint, these means have not been enough for the moment, taking into account, in particular, the financial and economic circumstances of the country.

These circumstances led to the adoption by the Portuguese Government, in co-operation with European partners and international institutions, of very hard but provisional measures and policies, that will, in the future, bring benefit to all our citizens.

In light of the above, this delegation proposes the drafting of a resolution acknowledging the strong commitment of the Portuguese authorities which are doing their best efforts in the framework of their  commitments to their obligations under the Social Charter and the collective complaints Protocol, but need more time and, as soon as possible, would provide further information to the Committee of Ministers on the results of the steps taken towards bringing the situation in conformity with the Social Charter.”


Appendix 8

(Item 4.2c)

Resolution CM/ResCPT(2013)4

Election of members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

in respect of France, Monaco, the Netherlands and Slovenia

(Adopted by the Committee of Ministers on 11 December 2013

at the 1187th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 5 of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereafter referred to as “the Convention”),

Having regard to Articles 1 and 4 of the Convention;

Considering that the terms of office of the members in the CPT in respect of France, Monaco, the Netherlands and Slovenia will expire on 19 December 2013;

Considering that, in the light of the foregoing, it is necessary to elect members of the Committee in respect of these four countries;

Having regard to the lists of names drawn up by the Bureau of the Parliamentary Assembly, in accordance with the provisions of Article 5, paragraph 1, of the Convention, on the basis of proposals from the Representatives of France, Monaco, the Netherlands and Slovenia to the Parliamentary Assembly and forwarded to the Chairman of the Committee of Ministers by the Secretary General of the Parliamentary Assembly;

Having regard to the provisions of Article 5, paragraphs 3 and 4, of the Convention;

Having voted by secret ballot,

Declares the following candidate re-elected as member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, with effect from 20 December 2013, for a term of office which will expire on 19 December 2017:

-           Mr Xavier Ronsin (in respect of France);

Declares the following candidate re-elected as member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, with effect from 20 December 2013, for a term of office which will expire on 19 December 2017:

-           Mr Régis Bergonzi (in respect of Monaco);

Declares the following candidate re-elected as member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, with effect from 20 December 2013, for a term of office which will expire on 19 December 2017:

-           Mr Antonius Maria van Kalmthout (in respect of the Netherlands);

Declares the following candidate elected as member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, with effect from 20 December 2013, for a term of office which will expire on 19 December 2017:

-           Mr Goran Klemenčič (in respect of Slovenia).


Appendix 9

(Item 4.3)

Resolution CM/ResCMN(2013)6

Framework Convention for the Protection of National Minorities –

Election of an expert to the list of experts eligible to serve on the Advisory Committee

in respect of the Slovak Republic

(Adopted by the Committee of Ministers on 11 December 2013
at the 1187th meeting of the Ministers’ Deputies)

The Committee of Ministers,

By virtue of Article 26, paragraph 2 of the Framework Convention for the Protection of National Minorities and of Rule 9 of Resolution Res(97)10 (Rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention for the Protection of National Minorities),

Considering that the Government of the Slovak Republic ratified the Framework Convention for the Protection of National Minorities on 14 September 1995, and that the Convention entered into force in respect of the Slovak Republic on 1 February 1998;

Having regard to the nominations of candidates, in accordance with Rule 8 of Resolution Res(97)10, by the Slovak Republic by letter on 12 September 2013;

Having proceeded to election by secret ballot,

Declare elected to the list of experts eligible to serve on the Advisory Committee on the Framework Convention for the Protection of National Minorities on 11 December 2013:

- Mr Tomáš Hrustič, in respect of the Slovak Republic.


Appendix 10

(Item 4.5)

Reply to Parliamentary Assembly Recommendation 2016 (2013) on

“Frontex: human rights responsibilities”

(Adopted by the Committee of Ministers on 11 December 2013
at the 1187th meeting of the Ministers’ Deputies)

1.         The Committee of Ministers has carefully considered Parliamentary Assembly Recommendation 2016 (2013) on “Frontex: human rights responsibilities”, which it has transmitted to the relevant Council of Europe bodies for information and possible comments.[18] The recommendation raises important issues regarding the protection of human rights of refugees and asylum seekers, as highlighted again recently by the Council of Europe Commissioner for Human Rights concerning European Union border control policies. The Committee of Ministers recalls that all Council of Europe member States, including European Union member States, must reconcile their interest in border protection with their human rights obligations, not least in relation to non-refoulement and the protection of lives.

2.         Like the Parliamentary Assembly, the Committee of Ministers welcomes the measures taken by the European Union and Frontex to enhance the protection of fundamental rights in the latter’s activities, including Frontex Fundamental Rights Strategy and Code of Conduct. The Committee encourages the development of closer ties between Frontex and the Council of Europe through the Council of Europe representative in the Consultative Forum on Fundamental Rights and by direct contacts with the various relevant Council of Europe bodies. It concurs also with the view that the relevant Council of Europe standards mentioned in the recommendation should be taken into account in Frontex work. In this respect, the Committee of Ministers refers to other relevant instruments such as its 2009 “Guidelines on human rights protection in the context of accelerated asylum procedures” and its 2005 “Twenty Guidelines on forced return”.

3.         The Committee of Ministers notes that the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) is already engaged in a dialogue with Frontex on the monitoring mechanism devised for joint return operations. As regards the Frontex code of conduct for joint return operations, which was adopted on 7 October 2013, the CPT intends in due course to make comments on the code, in the light of its own experience in monitoring such operations. The Steering Committee for Human Rights (CDDH) has also expressed its availability to take part in regular exchanges of views on participation and input of the Council of Europe in Frontex Consultative Forum on Fundamental Rights.

4.         Finally, the Committee of Ministers recognises the important role of ombudspersons and national human rights institutions and encourages the development of co-operation between Frontex and these institutions.


Appendix 11

(Item 6.1a)

Resolution CM/Res(2013)55

on establishing procedures for the collection and dissemination of data on transplantation activities outside a domestic transplantation system[19]

(Adopted by the Committee of Ministers on 11 December 2013

at the 1187th meeting of the Ministers’ Deputies)

The Committee of Ministers, in its composition restricted to the representatives of the States Parties to the Convention on the Elaboration of a European Pharmacopoeia (ETS No. 50),[20]

Considering that the aim of the Council of Europe is to achieve greater unity between its member States and that this aim may be pursued, inter alia, by the adoption of common action in the health field;

Taking into account Resolution Res(78)29 on harmonisation of legislation of member States relating to removal, grafting and transplantation of human substances and the final declaration of the 3rd Conference of European Health Ministers (Paris, 16-17 November 1987);

Having regard to the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (ETS No. 164) and, in particular, to Articles 19 and 20 thereof;

Having regard to the Additional Protocol to the Convention on Human Rights and Biomedicine concerning the Transplantation of Organs and Tissues of Human Origin (ETS No. 186);

Recalling the Committee of Ministers’ Recommendation Rec(2001)5 on the management of organ transplant waiting lists and waiting times;

Recalling the Committee of Ministers’ Recommendation Rec(2004)7 on organ trafficking;

Recalling the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108);

Taking into account the following international studies and documents:

-     the Declaration of Istanbul on Organ Trafficking and Transplant Tourism, adopted in 2008;[21]

-     Joint United Nations/Council of Europe Study on trafficking in organs, tissues and cells, and trafficking in human beings for the purpose of the removal of organs;[22]

-     the WHO Guiding Principles on Human Cell, Tissue and Organ Transplantation adopted by the World Health Assembly in May 2010;[23]


Recognising that, in facilitating the transplantation of organs in the interest of patients in Europe, there is a need to protect individual rights and freedoms and to prevent the commercialisation of parts of the human body when retrieving, exchanging and allocating organs;

Considering that:

-     there is a worldwide gap between the number of patients waiting for an organ and the number of organs available, and that this gap is increasing;

-     there is large inequality in access to transplantation and healthcare among Council of Europe member States;

-     national legal frameworks vary considerably with regard to transplantation activities, as do competent authorities in terms of organisation, human resources and other resources;

-     organs may cross regional or national borders as part of exchange programmes or through multinational organ-sharing organisations;

Considering the fact that procurement and transplantation activities (including patient follow-up) are organised in different ways in each member State, making it difficult for some member States to collect data on illicit transplantation activities performed outside the framework of a domestic transplantation system;

Acknowledging that such data on illicit transplantation activities performed outside the framework of a domestic transplantation system would enable each member State to:

-     reinforce health safety for patients and improve protection of donors who receive payments for organs and transplanted patients;

-     improve the management of information given to patients on waiting lists;

-     follow-up on the development of this phenomenon over time;

With the aim of elaborating legislation to prevent illicit activities and to establish a strong legal framework in order to support regulated cross-border co-operation in the field of organ donation and transplantation,

Recommends that the governments of States Parties to the Convention:

-                 adopt procedures and methods for the regular collection of data on patients going abroad to be transplanted with an organ retrieved as a result of illicit transplantation procedures performed outside the framework of a domestic transplantation system;

-                 designate a contact person in charge of data collection on illicit transplantation activities. This contact person should be based at the existing national transplantation body or, alternatively, at the ministry of health in those member States where a national transplantation body does not exist or is not in charge of following-up on transplantation activities;

-                 develop and implement an appropriate tool for data collection on illicit transplantation activities or use the model questionnaire or any other tool provided in the appendices of the Council of Europe Guide to the quality and safety of organs for transplantation[24] in its existing version at the date of adoption of this resolution or in subsequently amended versions;

-                 ensure the contact person disseminates data-collection tools to transplantation centres;


-                 ensure the regular collection of data on illicit transplantation activities and the compilation of results;

-                 communicate the results to the Secretariat of the European Committee on Organ Transplantation (Partial Agreement) (CD-P-TO) of the Council of Europe with a view to analysing and discussing such results within the CD-P-TO and informing member States.


Appendix 12

(Item 6.1b)

Resolution CM/Res(2013)56

on the development and optimisation of live kidney donation programmes

(Adopted by the Committee of Ministers on 11 December 2013

at the 1187th meeting of the Ministers’ Deputies)

The Committee of Ministers, in its composition restricted to the representatives of States Parties to the Convention on the Elaboration of the European Pharmacopoeia,[25]

Considering that the aim of the Council of Europe is to achieve greater unity between its member States and that this aim may be pursued, inter alia, by the adoption of common action in the health field;

Having regard to the Convention on Human Rights and Biomedicine (ETS No. 164) and in particular to Articles 19 and 20 thereof;

Taking into account Resolution Res(78)29 on the harmonisation of legislation of member States related to removal, grafting and transplantation of human substances, in particular Chapter II – Removals, graftings and transplantation of substances from living donors, and the final declaration of the 3rd Conference of European Health Ministers (Paris, 16-17 November 1987);

Having regard to the Additional Protocol to the Convention on Human Rights and Biomedicine concerning the Transplantation of Organs and Tissues of Human Origin (ETS No. 186), January 2002;

Recalling the Explanatory Report thereof in particular Chapter III ‒ Organ and tissue removal from living persons, Article 9 – General rule, and its addendum, which states that “the availability of organs is taken into account in several countries not on a purely individual level but in relation to the system as a whole.[...] Therefore, transplantation of organs removed from deceased persons and transplantation of organs removed from living donors, provided the conditions for ensuring protection of living donors are met, are not to be opposed and rather fulfil a therapeutic need.”

 

Having regard to the Convention on Action against Trafficking in Human Beings (CETS No. 197);

Recalling its Recommendation Rec(2001)5 on management of organ transplant waiting lists and waiting times;

Recalling its Recommendation Rec(2004)7 on organ trafficking;

Recalling its Resolution CM/Res(2008)6 on transplantation of kidneys from living donors who are not genetically related to the recipient and in particular the principles and measures laid down in its Appendix;

Recalling Directive 2010/53/EU of the European Parliament and of the Council on standards of quality and safety of human organs intended for transplantation;

Considering the large deficit of kidneys for transplantation compared to demand at present and in the foreseeable future, even after developing deceased donation to its maximum therapeutic potential;

Considering that kidney transplantation from live organ donors provides excellent post-transplant outcomes with better graft and patient survival than that described for recipients of kidneys from deceased organ donors;


Considering that live kidney donation is a safe procedure, if performed according to recognised international standards, in terms of donor evaluation, selection and donor care;

Considering that the authorisation for transplantation of a kidney donated by a live donor, whether or not genetically related to the recipient, is a matter to be regulated by the national laws of individual States;

Recommends to the governments of States Parties to the Convention:

i.              to develop and optimise programmes for kidney donation from live donors based on recognised ethical and professional standards as a better way to pursue self-sufficiency in transplantation;

ii.             to ensure that patients with end-stage renal disease (and their relatives) are provided with comprehensive information on all available renal replacement therapies, including kidney transplantation from live donors. Such information should be provided pre-emptively, i.e. before the patient is being treated with dialysis;

iii.            to promote educational activities and professional training on live donor evaluation and selection, donor surgery and care and follow-up of live kidney donors;

iv.            once the option of live kidney transplantation has been implemented, to consider more extensive use of live kidney donors through the removal of technical barriers, e.g. ABO incompatibility or positive cross-matching between prospective donors and recipients, in an attempt to cover the true need for renal transplantation and, as such, to improve ‘quality of life’ and life expectancy of patients;

v.             to take the necessary steps to ensure that live donors have been given appropriate information as to the purpose and nature of the organ removal, as well as its consequences and risks. Donors should also be informed of the rights and safeguards prescribed by law for their protection; in particular, the right to have access to independent advice on such risks by a health professional with appropriate experience and who is not involved in the specific donor’s organ removal or subsequent follow-up;

vi.            to ensure that live donors have given free, informed and specific consent either in written form or before an official body. Donors may freely withdraw consent at any time;

vii.           to take measures to ensure that no pressure is exerted on live donors, in particular on vulnerable groups such as persons deprived of their liberty, to make a decision;

viii.          to ensure that live donors are properly screened to identify any physical or psycho-social contraindication. Organ removal should not be carried out if there is a foreseeable substantial risk to the life or health of the donor;

ix.            to avoid putting living renal donors at unnecessary risk peri-operatively and post-donation by taking the necessary measures to ensure their appropriate long-term follow-up after the donation procedure;

x.             to ensure that the use of donated organs does not, as such, give rise to financial gain or comparable advantages. This does not preclude donors from being reimbursed for loss of income and for the expenses incurred because of donation, through a transparent and official procedure;

xi.            to develop and maintain a national registry where information on both genetically and non-genetically related live kidney donors and the outcomes after donation, including major donation-related complications in the short-, mid- and long-term, are appropriately recorded;


xii.           to ensure that, when establishing programmes for donation of organs from non-genetically related living donors, there shall be appropriate legal and administrative frameworks to prevent any act giving rise to trafficking in human beings and organs.

This resolution is supplemented by an Explanatory Memorandum (document CM(2013)145-add).


Appendix 13

(Item 6.2)

Reply to Parliamentary Assembly Recommendation 2020 (2013)on

“Equal access to health care”

(Adopted by the Committee of Ministers on 11 December 2013
at the 1187th meeting of the Ministers’ Deputies)

1.         The Committee of Ministers has examined Parliamentary Assembly Recommendation 2020 (2013) on “Equal access to health care”, which it has transmitted to a number of intergovernmental bodies for information and possible comments.[26]

2.         In direct response to the recommendation, the Committee of Ministers would echo the call of the Parliamentary Assembly to member States to consider ratifying the revised European Social Charter
(ETS No. 163) and the protocols thereto and to take measures to ensure rapid progress towards the implementation of the European Social Charter in line with the conclusions and decisions of the European Committee of Social Rights.

3.         Recalling that member States should provide equitable access to health care systems and services to all citizens without any discrimination, the Committee of Ministers would also like to draw attention to Article 3 of the Convention on Human Rights and Biomedicine (Oviedo Convention) on “Equitable access to health care”, “Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality”.

4.         The Committee of Ministers would inform the Assembly that the current Council of Europe Health Project “Citizens’ consultation on the right to the protection of health” (2012-2013), carried out under the aegis of the European Committee for Social Cohesion (CDCS), is supported by Article 11 of the European Social Charter (1961) and the Revised European Social Charter (1996) “The right to protection of health”. It would also draw attention to the fact that in the context of this project, the CDCS is preparing a “Council of Europe Training Programme on Health Literacy for Elderly People” in order to increase their capacity to understand and process relevant health information, to make appropriate use of the health care system, to adopt healthy life styles, and to take informed decisions on issues affecting their own state of health.

5.         Finally, the Committee of Ministers, in line with the Assembly’s recommendation, would encourage other sectors of the Council of Europe to include health-related issues in their work, where appropriate, based on a cross-sectoral approach.


Appendix 14

(Item 6.3c)

Recommendation CM/Rec(2013)3
of the Committee of Ministers to member States
on ensuring full, equal and effective participation of persons
with disabilities in culture, sports, tourism and leisure activities

(Adopted by the Committee of Ministers on 11 December 2013
at the 1187th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve greater unity between its members and that this aim may be pursued, inter alia, by the adoption of common rules in the field of disability policy for the purpose of promoting the protection of political, civil, social and cultural rights of persons with disabilities;

Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms
(ETS No. 5);

Bearing in mind the principles embodied in the revised European Social Charter (ETS No. 163), namely Article 15 “The right of persons with disabilities to independence, social integration and participation in the life of the community”;

Bearing in mind the Council of Europe conventions in the field of culture and cultural heritage such as the European Cultural Convention (ETS No. 18), the European Convention on the Protection of the Archaeological Heritage (ETS No. 66), the European Convention on Offences relating to Cultural Property (ETS No. 119), the Convention for the Protection of the Architectural Heritage of Europe (ETS No. 121), the European Convention on the Protection of the Archaeological Heritage (Revised) (ETS No. 143), the European Convention on Cinematographic Co-Production (ETS No. 147) and the Council of Europe Framework Convention on the Value of Cultural Heritage for Society (CETS No. 199);

Having regard to the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993);

Having regard to the International Classification of Functioning, Disability and Health (ICF) of the World Health Organisation (WHO) (2001);

Bearing in mind the United Nations Convention on the Rights of Persons with Disabilities (2008);

Having regard to Recommendation Rec(92)6 of the Committee of Ministers to member States on a coherent policy for people with disabilities;

Having regard to the Ministerial Declaration on People with Disabilities “Progressing towards full participation as citizens”, adopted at the Second European Conference of Ministers responsible for integration policies for people with disabilities held in Malaga (Spain) on 7 and 8 May 2003;

Having regard to Parliamentary Assembly Recommendation 1592 (2003) “Towards full social inclusion of people with disabilities”;

Having regard to recommendations in the field of sport such as Recommendation Rec(99)9 on the role of sport in furthering social cohesion and Recommendation Rec(86)18 on the European Charter on Sport for All: Disabled Persons;

Having regard to the Global Code of Ethics for Tourism, as adopted by Resolution A/RES/406(XIII) by the General Assembly of the World Tourism Organisation (WTO) at its 13th session (Santiago, Chile, 27 September-1 October 1999), and to related Resolution A/RES/56/212 of the General Assembly of the United Nations of 21 December 2001;


Working towards full implementation of Recommendation Rec(2006)5 of the Committee of Ministers to member States on the Council of Europe Action Plan to promote the rights and full participation of people with disabilities in society: improving the quality of life of people with disabilities in Europe 2006-2015;

Having regard to Recommendation CM/Rec(2009)8 of the Committee of Ministers to member States on achieving full participation through universal design, as well as the accompanying report;

Reaffirming the universality, indivisibility and interdependence of all human rights and fundamental freedoms, and the need for persons with disabilities to be guaranteed their full enjoyment without any discrimination; 

Considering that the estimated proportion of persons with disabilities in the total population in Europe is 15%, and that the number of persons with disabilities is expected to grow steadily due to increasing life expectancy, inter alia;

Considering that failure to promote the rights of persons with disabilities and to ensure equality of opportunities is a violation of human dignity;

Considering that ensuring equal opportunities for members of all groups in society contributes to securing democracy and social cohesion;

Convinced that the human rights-based approach to ensuring the inclusion and full and equal participation of persons with disabilities in society should be incorporated in all relevant policy areas at international, national, regional and local level;

Emphasising the need to mainstream disability issues in all sectors through coherent policies and co-ordinate action;

Emphasising the importance of establishing partnerships with non-governmental organisations (NGOs) of persons with disabilities and other NGOs and stakeholders in the fields of culture, sports, tourism and leisure activities in the implementation and follow-up of this recommendation,

Recommends that the governments of member States, having due regard to their specific national, regional or local structures and respective responsibilities:

1.         take a twin track approach, mainstreaming the participation of persons with disabilities in culture, sports, tourism and leisure activities for the general population, while not neglecting particular activities aimed at persons with disabilities specifically, reflecting their diversity and needs;

2.         take appropriate measures, including with regard to accessibility and the provision of reasonable accommodation and relevant support services, to ensure that education of children and young persons with disabilities contributes to the development and encouragement of their creative, artistic, intellectual and athletic potential, and that it encourages them to take part in cultural, sports and recreational activities both as actors and spectators from the earliest ages;

3.         take appropriate measures, including the provision of relevant support services, to encourage all stakeholders in the fields of culture, sports, tourism and leisure activities – public authorities at national, regional and local levels, private enterprises, cultural and sporting institutions and expert and civic associations, NGOs of persons with disabilities, media, academic society and others – to work towards creating national, regional and local strategies, action plans for making cultural, sports, tourism and leisure activities accessible to persons with disabilities and enabling full and equal participation of persons with disabilities in the above-mentioned activities, both as actors and spectators;

4.         ensure effective and continuous consultation with persons with disabilities and their representative organisations in the process of drafting legal and policy frameworks, and in taking concrete measures to ensure accessibility of cultural, sports, tourism and leisure activities, since such consultation is a crucial precondition for ensuring effective and meaningful participation of persons with disabilities in the above-mentioned activities;


5.         take measures to ensure, from the outset of any project, adequate planning to make cultural, sports, tourism and leisure venues, programmes, services, facilities and related information and communication, including new technologies, accessible to all persons with disabilities, especially through the application of universal design/design for all principles, since such planning is a powerful tool for ensuring access with little or no additional cost and it contributes significantly to mainstreaming and the optimisation of costs;

6.         take appropriate measures to ensure that all new cultural, sports, tourism and leisure services and facilities open to the public are fully accessible to persons with disabilities through application of the universal design/design for all principles, and to work towards the identification and progressive removal of architectural, environmental, information and communication barriers in all existing objects, goods, products, facilities and services in the fields of culture, sports, tourism and leisure activities for persons with disabilities, in order to provide for full and equal participation in the above-mentioned fields;

7.         take appropriate steps to create and implement effectively a legislative framework that ensures that denial of access to cultural, sports, tourism and leisure activities on the ground of disability constitutes discrimination and oblige service providers (both public and private enterprises) in the above-mentioned fields to guarantee accessibility and provide reasonable accommodation to persons with disabilities in order to ensure access to venues, programmes and services they provide and promote full and equal participation of persons with disabilities;

8.         take appropriate measures to ensure that public procurement procedures and incentives and subsidies are applied as an effective tool in ensuring and promoting access to cultural, sports, tourism and leisure activities for persons with disabilities and their full and equal participation;

9.         take appropriate measures to provide continuous training on disability matters for all relevant staff of service providers and institutions offering cultural, sports, tourism and leisure activities and to ensure the availability of comprehensive and precise information on practical solutions to enable persons with disabilities to participate in such activities both as actors and spectators;

10.        take appropriate measures to ensure that all stakeholders ensure access for all persons with disabilities, regardless of the type of disability, across the broad range of various cultural, sports, tourism and leisure activities, covering both traditional forms of culture, venues and programmes, as well as modern art forms, using all available means, taking care to use to full effect alternative formats of communication, notably texts that are easy to read and understand, interpretation into sign languages, Braille texts, audio description and modern technologies, such as information and communication technologies, to enable the effective and meaningful participation of persons with disabilities, both as actors and spectators;

11.        take appropriate measures to encourage all stakeholders to take into account the diversity of persons with disabilities and the wide range of ways in which participation in culture, sports, tourism and leisure activities can be made a reality for all persons irrespective of their sex, age or type of disability.


Appendix 15

(Item 6.4)

Reply to Parliamentary Assembly Recommendation 2017 (2013)on

“Nanotechnology: balancing benefits and risks to public health and the environment”

(Adopted by the Committee of Ministers on 11 December 2013
at the 1187th meeting of the Ministers’ Deputies)

1.         The Committee of Ministers has examined with interest Parliamentary Assembly Recommendation 2017 (2013) on “Nanotechnology: balancing benefits and risks to public health and the environment”, which was referred to a number of intergovernmental committees for comments.[27] It agrees that, as with most emerging technologies, nanotechnology has potential benefits, in particular for the development of “Nanomedicine”, but it also carries risks of serious harm, both to human health and to eco-systems and the environment.

2.         The Committee of Ministers has noted with interest the Assembly’s proposal that the Committee on Bioethics (DH-BIO) prepare a feasibility study with a view to “the elaboration of possible standards in this area”. It would signal, however, that the proposals of the Parliamentary Assembly cover fields such as the environment, going beyond the DH-BIO’s field of competence.

3.         The Committee of Ministers recalls that the role of progress in sciences and technologies in the biological and medical field in the improvement of human health and quality of life is widely acknowledged in the work of the Council of Europe. However, the implications for human beings of a misuse of such knowledge and technologies are also stressed and, as stated in the preamble of the Convention on Human Rights and Biomedicine, the need to use this progress for the benefit of present and future generations.

4.         The Committee of Ministers recalls that the objective of the work carried out by the DH-BIO is to protect human dignity and individual rights in the field of biomedicine, in particular with respect to new scientific and technological advances. To that end, it follows developments in the biomedical field to assess the ethical challenges.

5.         Against this background, the Committee of Ministers would inform the Assembly that, in the Programme of Activities for the biennium 2014-2015, it is proposed to examine the scientific and ethical challenges raised by emerging technologies, including nanotechnology. This would encompass the preparation of studies to analyse the implications for human rights of these technologies and their applications in the biomedical field with a view to drafting a possible white paper.

6.         Furthermore, the applications of nanotechnology outside the field of biomedicine may have indirect effects on human health. Their bioethical implications could be identified in the studies considered.

7.         The Committee of Ministers considers that this work brings a first response to the issues raised by the Assembly.


Appendix 16

(Item 7.2)

Recommendation CM/Rec(2013)4

of the Committee of Ministers to member States

on the European Landscape Convention Information System of the Council of Europe

and its glossary

(Adopted by the Committee of Ministers on 11 December 2013
at the 1187th meeting of the Ministers’ Deputies)

The Committee of Ministers of the Council of Europe, 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 a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage;

Having regard to the European Landscape Convention (ETS No. 176 – hereinafter “the convention”), adopted by the Committee of Ministers of the Council of Europe on 19 July 2000 and opened for signature by Council of Europe member States in Florence on 20 October 2000;

Considering that the convention makes an important contribution to the Council of Europe’s objectives of promoting democracy, human rights and the rule of law and seeking common solutions to the major problems facing European society today;

Underlining that, in taking account of landscape value, the Council of Europe considers the importance of the populations’ quality of life;

Recalling the provisions of Article 10.1 of the convention on monitoring its implementation; recalling also the provisions of its Article 8, concerning mutual assistance and exchange of information, under which the Parties undertake to co-operate in order to enhance the effectiveness of measures taken and, in particular, exchange information on all matters covered by the provisions of the convention;

Considering that Recommendation CM/Rec(2008)3 of the Committee of Ministers to member States on the guidelines for the implementation of the European Landscape Convention proposes that each Party contribute to the setting-up of a database to appear on the website of the Council of Europe’s European Landscape Convention, and emphasising that the recommendation mentions that the database would be a “toolbox” which would help provide mutual technical and scientific assistance through the collection and exchange of landscape experience and research, as provided for in Article 8 of the above-mentioned convention concerning mutual assistance and exchange of information,

Recommends that States Parties to the convention:

–          use the European Landscape Convention Information System of the Council of Europe with its glossary,[28] in the framework of their co-operation as mentioned in the convention;

–          co-operate to develop this Information System to fulfil the goals mentioned above;

–          continue to exchange information on all matters covered by the provisions of the convention in order to promote knowledge of landscapes and landscape policies, in view of enhancing the quality of people’s lives, taking care of their surroundings.


Appendix 17

(Item 7.3)

Resolution CM/Res(2013)57

modifying Resolution Res(88)15 setting up European Support Fund for the Co-production and Distribution of Creative Cinematographic and Audiovisual Works “EURIMAGES”

(Adopted by the Committee of Ministers on 11 December 2013

at the 1187th meeting of the Ministers’ Deputies)

The representatives of the Committee of Ministers of Albania, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, “the former Yugoslav Republic of Macedonia” and Turkey,

Having regard to Resolution Res(88)15 setting up a European Support Fund for the Co-production and Distribution of Creative Cinematographic and Audiovisual Works “EURIMAGES”;

Having regard to Article 6 of Resolution Res(88)15 defining the procedures of accession to and withdrawal from membership of the partial agreement;

Recalling the aims of EURIMAGES, as set out in Article 1.1 of Resolution Res(88)15,

Resolve that:

Single Article

Article 6, paragraph 2, of Resolution (88)15 hereby be modified to read as follows:

“A non-member State of the Council of Europe may accede to the Fund, either as a member or associate member, provided that its application is unanimously accepted by the Fund’s member States. The European Union may also accede to the Fund on the same condition.”


Appendix 18

(Item 8.1)

Reply to Parliamentary Assembly Recommendation 2014 (2013) on

“Young Europeans: an urgent educational challenge”

(Adopted by the Committee of Ministers on 11 December 2013
at the 1187th meeting of the Ministers’ Deputies)

1.         The Committee of Ministers has carefully considered Parliamentary Assembly Recommendation
2014 (2013) on “Young Europeans: an urgent educational challenge” and has brought it to the attention of member States’ governments.  It has also forwarded it to the relevant intergovernmental bodies for information and possible comments.[29]

2.         The Committee of Ministers believes that education – both formal and informal – plays an essential part in preparing young people for democratic citizenship, integration into the world of work and life in multicultural democratic societies.  Within the framework of the 2014-2015 biennium, the Secretary General is proposing to introduce programmes designed to support member States in their efforts to ensure the integration of young people into society and enable them to acquire, in all educational contexts, formal and non-formal, the competences needed for engaging in active citizenship, based on European values.  In particular, this area of action includes the development of model guidelines designed to develop such competences.  In this context, consideration will be given to possibilities for undertaking further work along the lines of the Assembly’s proposals concerning the definition of principles for the recognition and validation of non-formal education, the collection of good practices and the development of policy guidelines relating to the points set out in paragraph 1.2. However, in view of the current budgetary constraints which require substantial savings, it is not possible to undertake activities which go beyond the priorities identified for the next biennium, such as the one proposed by the Assembly in paragraph 2.

3.         It should be recalled that the Council of Europe’s activities aiming to further the fair recognition of qualifications are rooted in the Council of Europe/UNESCO Convention on the Recognition of Qualifications concerning Higher Education in the European Region (Lisbon Convention, ETS No. 165), which covers both formal and – in Article IV.8 – non-traditional qualifications.  They also draw on the principles developed more recently through the framework of qualifications of the European Higher Education Area, the European Qualifications Framework for lifelong learning and compatible national qualifications frameworks.

4.         At the same time, the Committee of Ministers shares the concern of the Parliamentary Assembly as regards early school dropout and violence at school.  In this context, it would underline that Recommendation CM/Rec(2012)13 on ensuring quality education seeks to address these worrying trends.  Quality education, amongst other things, implies providing a secure and non-violent learning environment in which the rights of all are respected. The recommendation also stresses that quality education means inclusive education, offering good opportunities to all, and encouraging pupils and students to complete the educational programmes in which they enrol. Close co-operation is planned with the member States in the coming years in order to develop, as appropriate, the policies and practices needed for implementing the principles of quality education.


Appendix 19

(Item 11.3)

Revised investment programme for 2013


Appendix 20
(Item 11.4)

Resolution CM/Res(2013)58

amending the Staff Regulations

(Adopted by the Committee of Ministers on 11 December 2013

at the 1187th meeting of the Ministers’ Deputies)

The Committee of Ministers, in accordance with Article 16 of the Statute of the Council of Europe,

Having regard to the Staff Regulations;

On a proposal of the Secretary General, the Staff Committee having been consulted in accordance with Article 6, paragraph 1, of the Regulations on Staff Participation (Appendix I to the Staff Regulations),

Resolves as follows:

Article 1

1.         In Article 1, paragraph 1, of the Staff Regulations, the term “permanent” shall be deleted.

2.         In Article 1, paragraph 2, of the Staff Regulations, the terms “which is not included in the Table of Posts” shall be deleted.

3.         In Article 1, paragraph 2, of the Staff Regulations, the second and third sentences shall be deleted.

Article 2

1.         In Article 4, paragraph 2, subparagraph a, of the Staff Regulations, the terms “administrative, planning and research duties” shall be replaced by the terms “professional and/or managerial duties”.

2.         In Article 4, paragraph 2, subparagraph c, indent i, of the Staff Regulations, the terms “executive and” shall be replaced by the terms “administrative and/or team”, followed by a hyphen.

3.         In Article 4, paragraph 2, subparagraph c, indent ii, of the Staff Regulations, the terms “secretarial or clerical” shall be replaced by the term “support”.

Article 3

1.         In Article 12, paragraph 2, of the Staff Regulations, the terms “from time to time” shall be deleted.

2.         The final sentence of Article 12, paragraph 3, of the Staff Regulations shall be deleted.

Article 4

Article 13, paragraph 4, of the Staff Regulations shall henceforth read as follows:

“4.        Applications shall be considered in the first instance on the basis of qualifications, experience and competencies.”

Article 5

1.         Article 15, paragraph 1, of the Staff Regulations shall henceforth read as follows:

“1.        The terms of appointment and employment shall be set out in an offer in two copies which, upon their acceptance and signature by the staff member and by the Secretary General, shall constitute the initial contract and make the appointment effective.”


2.         Article 15, paragraph 2, of the Staff Regulations shall henceforth read as follows:

“2.        The offer shall state the date on which duties are to be taken up and the appointment take effect. If the initial contract contains suspensive conditions it shall provisionally enter into force with the acceptance and signature of the staff member and the Secretary General. If the suspensive conditions are met, the appointment shall become definite. If the suspensive conditions are not met, the contract shall be null and void.”

3.         Article 15, paragraph 3, of the Staff Regulations shall be deleted.

Article 6

In the footnote contained in the text of Article 16 of the Staff Regulations, the terms “clause of this provision” shall be replaced by the terms “sentence of Article 16”.

Article 7

1.         In the title of Article 18 of the Staff Regulations the terms “of appointment” shall be replaced by the terms “in employment”.

2.         In Article 18 of the Staff Regulations, the terms “The contracts” shall be replaced by the term “Contracts”, and the terms “the appointment” shall be replaced by the term “employment”.

3.         In Article 18 of the Staff Regulations, the term “duration” shall be deleted.

4.         In Article 18 of the Staff Regulations, the second instance of the term “contracts” shall be replaced by the term “duration”.

Article 8

In Article 21, paragraph 1, of the Staff Regulations, the terms “or position” shall be inserted between the terms “post” and “in”.

Article 9

1.         In Article 22, paragraph 1, of the Staff Regulations, the terms “The appraisal process shall apply to all” shall be inserted before the terms “Council of Europe staff”.

2.         In Article 22, paragraph 1, of the Staff Regulations, the terms “shall be the subjects of appraisal reports” shall be deleted.

3.         In Article 22, paragraph 3, of the Staff Regulations, the terms “other appraisal criteria” shall be replaced by the term “competencies”.

4.         In Article 22, paragraph 3, of the Staff Regulations, the terms “by mutual agreement” shall be deleted.

5.         In Article 22, paragraph 6, of the Staff Regulations, the term “departments” shall be replaced by the terms “Major Administrative Entities”.

6.         In Article 22, paragraph 7, of the Staff Regulations, the terms “Director of” shall be inserted between the terms “the” and “Human” and the term “Directorate” shall be replaced by the terms “in the Directorate General of Administration”.

Article 10

1.         Article 22 bis of the Staff Regulations shall henceforth be titled “Underperformance”.

2.         The first sentence of Article 22 bis, paragraph 1, of the Staff Regulations shall henceforth read as follows:

“1.        If an appraisal or an interim appraisal concludes that the performance of a staff member is not satisfactory, the Head of that staff member’s Major Administrative Entity shall initiate an individual performance enhancement process for the benefit of the staff member.”

3.         In the second sentence of Article 22 bis, paragraph 1, of the Staff Regulations, the term “Directorate” shall be replaced by the term “Director”, and the terms “of the Directorate General of Administration and Logistics” shall be deleted. The terms “shall include appropriate support to the staff member to assist him/her in improving performance and” shall be added between the terms “Resources” and “shall”.

4.         In the third sentence of Article 22 bis, paragraph 1, of the Staff Regulations, the terms “at least” shall be replaced by the term “for”, the term “six” shall be replaced by the term “eight” and the terms “and cannot exceed one year” shall be deleted.

5.         In the fourth sentence of Article 22 bis, paragraph 1, of the Staff Regulations, a new comma shall be inserted after the term “If”.

6.         In the fourth sentence of Article 22 bis, paragraph 1, of the Staff Regulations, the term “noting” shall be replaced by the terms “the Head of the Major Administrative Entity considers”.

7.         In the fourth sentence of Article 22 bis, paragraph 1, of the Staff Regulations, the terms “the Head of the Major Administrative Entity shall propose an under-performance measure to the Secretary General” shall be replaced by the terms “s/he shall refer the matter to the Appointments Board”.

8.         Article 22 bis, paragraph 2, of the Staff Regulations shall henceforth read as follows:

“2.        The Appointments Board shall transmit a reasoned recommendation to the Secretary General within eight weeks of the referral, after hearing both the staff member concerned, who may be assisted by a person of his/her choice, and the Head of the Major Administrative Entity or his/her representative.”

9.         Article 22 bis, paragraph 3, of the Staff Regulations shall henceforth read as follows:

“3.        After examination of the reasoned recommendation of the Appointments Board, the Secretary General may, depending on the degree of underperformance by the staff member concerned, impose on him/her one of the following underperformance measures:

•           relegation in steps;

•           downgrading;

•           termination of contract.”

Article 11

1.         In Article 23, paragraph 2, of the Staff Regulations, the term “terminate” shall be replaced by the term “end” and the terms “unless renewed in accordance with the Regulations on Appointments” shall be deleted.

2.         A new paragraph 2bis shall be added to Article 23 of the Staff Regulations, worded as follows:

“2 bis.   The Secretary General may decide not to renew a fixed-term contract if the staff member in question has been the subject of an appraisal or an interim appraisal concluding that his/her performance has not been satisfactory. The fixed-term contract of a staff member who has been the subject of an underperformance measure provided for in Article 22 bis, paragraph 3, cannot be renewed.”

3.         A new paragraph 2 ter shall be added to Article 23 of the Staff Regulations, worded as follows:

“2 ter.    When a fixed term contract ends at its expiry date after confirmation in employment, a notice period of three months shall be observed”.

4.         In Article 23, paragraph 3, subparagraph b, indent iii, of the Staff Regulations, the term “under-performance” shall be replaced by the term “underperformance” and the term “any” shall be replaced by the terms “the required”.

Article 12

A new Article 47 bis, titled “Right to strike”, shall be added to the Staff Regulations, worded as follows:

“1.        Staff members shall have the right to strike in order to protect their work-related economic, social and professional interests, under the conditions and in accordance with the procedures set out by the Secretary General in a Rule.

2.         The amount of remuneration corresponding to the period of strike shall be deducted from the participants’ salaries.”

Article 13

1.         In Article 59, paragraph 7, of the Staff Regulations, the terms “of Europe” shall be added between “Council” and “staff”.

2.         Article 59, paragraph 8, subparagraph d, of the Staff Regulations, the terms “of Europe” shall be added between the terms “Council” and “, who”.

Article 14

1.         In Article 60, paragraph 3, of the Staff Regulations, the terms “Article 59, paragraph 3” shall be replaced by the terms “Article 59, paragraph 4”.

2.         In Article 60, paragraph 4, of the Staff Regulations, the terms “Article 59, paragraph 7” shall be replaced by the terms “Article 59, paragraph 9”.

Article 15

1.         In Article 61 bis, paragraph 1, subparagraph b, first sentence, of the Staff Regulations, the terms “Article 23, paragraph 2 and paragraph 3, subparagraph b, indent iii”, preceded by a comma, shall be inserted after the terms “3 bis” and the sentence “For the purpose of Article 22bis, paragraph 1, the Deputy Registrars shall have the competence of Head of Major Administrative Entity” shall be deleted.

2.         In Article 61 bis, paragraph 1, subparagraph f, of the Staff Regulations, in indent ii, the number “2” shall be replaced by the number “3” and the sentence “For the purpose of paragraph 1 bis, the Deputy Registrars shall have the competence of Head of Major Administrative Entity” shall be deleted.

3.         In Article 61 bis, paragraph 1, subparagraph f, of the Staff Regulations, indent iv shall henceforth read as follows: “Article 14”.

4.         In Article 61 bis, paragraph 1, subparagraph f, of the Staff Regulations, indent v shall henceforth read as follows: “Article 15, paragraph 1, third bullet-point”.

At the end of Article 61 bis, paragraph 1, of the Staff Regulations, the following sentence shall be inserted: “For the purposes of Article 22 bis, paragraphs 1 and 2 and Articles 14 and 24 of the Regulations on appointments, the Deputy Registrars shall have the competence of Head of Major Administrative Entity.”

5.         In Article 61 bis, paragraph 4, of the Staff Regulations, the terms “Article 12”, followed by a comma and “Article 16, paragraph 1”, followed by a comma, shall be deleted and the term “the” is inserted between the terms “of” and “Regulations”.

Article 16

This resolution shall enter into force on 1 January 2014.


Appendix 21
(Item 11.4)

Resolution CM/Res(2013)59

amending the Regulations on appointments (Appendix II to the Staff Regulations)

(Adopted by the Committee of Ministers on 11 December 2013

at the 1187th meeting of the Ministers’ Deputies)

The Committee of Ministers, in accordance with Article 16 of the Statute of the Council of Europe,

Having regard to the Staff Regulations;

Having regard to the Regulations on appointments (Appendix II to the Staff Regulations);

On a proposal of the Secretary General, the Staff Committee having been consulted in accordance with Article 6, paragraph 1, of the Regulations on Staff Participation (Appendix I to the Staff Regulations),

Resolves as follows:

Article 1

1.         In Article 2, paragraph 1, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “who is not a staff member” shall be replaced by the terms “following an external competitive selection procedure”.

2.         In Article 2, paragraph 6, of the Regulations on appointments (Appendix II to the Staff Regulations), the term “to” shall be replaced by the term “with” and the terms “with a” shall be inserted between the terms “or” and “national”.

Article 2

1.         In Article 3, paragraph 1, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “administrative, planning and research” shall be replaced by the terms “professional and/or managerial” and the terms “university education with a suitable degree” shall be replaced by the terms “suitable higher education degree or qualification”. In the second sentence of this paragraph, the terms “or qualification” shall be inserted between the terms “degree” and “requirement”.

2.         In Article 3, paragraph 2, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “a general education of university” shall be replaced by the terms “a higher education” and the term “standard” shall be replaced by the term “qualification”.

3.         In Article 3, paragraph 3, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “executive and” shall be replaced by the terms “administrative and/or team”, followed by a hyphen.

4.         In Article 3, paragraph 4, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “technical, secretarial or clerical” shall be replaced by the term “support”.

Article 3

Article 4 of the Regulations on appointments (Appendix II to the Staff Regulations), shall henceforth read as follows:

“Article 4 – Medical fitness

The candidate’s medical fitness to carry out the duties attaching to the employment applied for must be attested by a certificate in one of the two official languages of the Organisation issued following a medical examination by a physician chosen by the Secretary General.”

 


Article 4

1.         Article 5, paragraph 1 (old), of the Regulations on appointments (Appendix II to the Staff Regulations), shall be deleted.

2.         Article 5, paragraph 1 bis (old), of the Regulations on appointments, (Appendix II to the Staff Regulations), shall be deleted.

3.         Paragraph 2 (old), of Article 5, of the Regulations on appointments (Appendix II to the Staff Regulations), shall become paragraph 1 (new). It shall henceforth read as follows:

“1.        When vacancies occur, the Secretary General may decide that they should be filled by transfer without an internal competition. In such cases, the staff members considered for transfer shall be invited to express their views.”

4.         Article 5, paragraph 3 (old), of the Regulations on appointments (Appendix II to the Staff Regulations), shall become paragraph 2 (new) and the terms “and shall receive a copy of any correspondence related to such actions” shall be deleted, and the term “Directorate” shall be replaced by the term “Director”.

5.         In Article 5, of the Regulations on appointments (Appendix II to the Staff Regulations), a new paragraph 3 shall be inserted after paragraph 2 (new), worded as follows:

“3.        Any staff member confirmed in employment may inform the Secretary General, via the Director of Human Resources, that he or she wishes to be assigned to another post or position in the same grade.”

Article 5

1.         In Article 6, paragraph 1, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “paragraphs 1bis and 2” shall be replaced by the terms “paragraph 1” and the term “(paragraph 1)”, which follows the figure “26”, shall be deleted.

2.         In Article 6, paragraph 1, subparagraph b, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “that at the end of the probationary period confirmation in employment shall be for an indefinite duration or for a fixed term and” shall be replaced by the terms “to fill the post or position in question by recourse to the procedure for indefinite-term contracts (Article 15 A) or to the procedure for fixed-term contracts (Article 15 B)”.

3.         Article 6, paragraph 1, subparagraph c, of the Regulations on appointments (Appendix II to the Staff Regulations), shall henceforth read as follows:

“c.        where the employment is to be for a job profile for which he/she has taken a decision under Article 16 of these Regulations, whether the post or position in question should be filled by recruiting a candidate from an existing reserve list or by recourse to the recruitment procedure provided for in that Article.”

4.         In Article 6 of the Regulations on appointments (Appendix II to the Staff Regulations), a new paragraph 2 shall be inserted after paragraph 1, subparagraph c, worded as follows:

“2.        In the case of a vacant post or position the Secretary General may also decide to appoint a suitable candidate named in a valid reserve list established under Article 15, paragraph 2, of these Regulations without having recourse to the recruitment procedure or an internal competition.”


5.         Paragraph 2 (old) of Article 6 of the Regulations on appointments (Appendix II to the Staff Regulations) shall become paragraph 3 (new). In its first sentence, the term “posts” shall be replaced by the term “recruitment” and the terms “competitive examination” shall be replaced by the terms “recruitment procedure”. In the second sentence, the terms “or position” shall be inserted between the terms “post” and “a”, the terms “competitive examination” shall be replaced by the terms “recruitment procedure” and the terms “or position” shall be inserted between the terms “post” and “concerned”.

6.         Article 6, paragraph 3 (old), of the Regulations on appointments (Appendix II to the Staff Regulations) shall be deleted.

Article 6

1.         In Article 7, paragraph 1, of the Regulations on appointments (Appendix II to the Staff Regulations), the term “1bis,” shall be deleted, the terms “2 and 3” shall be replaced by the terms “1 and 2”, the figure “15” shall be replaced by the figure “6”, the term “paragraph 3” shall be replaced by the term “paragraph 2”, the term “(paragraph 1)” shall be deleted.

2.         In Article 7, paragraph 2, subparagraph b, of the Regulations on appointments (Appendix II to the Staff Regulations), the figure “2” shall be replaced by the figure “3”.

3.         In Article 7, paragraph 3, of the Regulations on appointments (Appendix II to the Staff Regulations), the sentence “If the post or position is in category A, L or B, the Permanent Representations shall receive a copy of the notice for information” shall be deleted.

4.         In the second sentence of Article 7, paragraph 4, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “the documents to be provided in support of the application”, preceded by a comma, shall be inserted between the terms “candidates” and “and”, the term “three” shall be replaced by the term “two” and the term “four” shall be replaced by the term “three”.

5.         In Article 7 of the Regulations on appointments (Appendix II to the Staff Regulations), a new paragraph 5 shall be added, worded as follows:

“5.        If the recruitment procedure is followed, the notice shall set out whether the recruitment is for employment on an indefinite-term contract or for employment on a fixed-term contract.”

6.         In Article 7 of the Regulations on appointments (Appendix II to the Staff Regulations), a new paragraph 6 shall be added, worded as follows:

“6.        In the case of recruitment under a job profile which the Secretary General has decided falls under the provisions of Article 16 of these Regulations, the notice shall stipulate the maximum duration of employment under such a profile.”

Article 7

In Article 8, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “and all required information is provided” shall be added after the term “notice”.

Article 8

1.         In the first sentence of Article 9, paragraph 1, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “or internal competition” shall be replaced by the terms “or promotion, and in such other cases as are explicitly provided for in these Regulations”.

2.         In Article 9, paragraph 2, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “The Board shall be consulted in all cases except” shall be replaced by the terms “Notwithstanding paragraph 1, the Board shall not be consulted”. The terms “appointments to” shall be deleted.


3.         In Article 9, paragraph 2, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “appointments to” shall be inserted at the beginning of each bullet point. In the second bullet point, the terms “paragraph 1”, and the preceding comma, shall be deleted. In the fourth bullet point, the terms “or other transfers” shall be added after the terms “Article 5” and the full stop shall be replaced by a semi-colon.

4.         In Article 9, paragraph 2, of the Regulations on appointments (Appendix II to the Staff Regulations), two new bullet points shall be added, worded as follows:

5.         In Article 9, paragraph 5, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “to 21” shall be replaced by the terms “11, 13, 14, 17, 18, 20, 21 and 24 of these Regulations”, preceded by a comma.

Article 9

1.         In Article 10, paragraph 1, of the Regulations on appointments (Appendix II to the Staff Regulations), the fifth bullet point (old) shall become the third bullet point (new). A new fifth bullet point shall be inserted after the fourth bullet point (old). It shall be worded as follows:

·       in the case of underperformance of a staff member, a representative of the same Major Administrative Entity of a higher grade than the staff member concerned;”

2.         In the first and third sentences of Article 10, paragraph 3, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “and logistics” shall be deleted.

Article 10

Article 12 (old), of the Regulations on appointments (Appendix II to the Staff Regulations), shall be deleted and a new Article 12, titled “Functions of the Director of Human Resources with regard to recruitment, transfers and promotions” shall be inserted, worded as follows:

“The Director of Human Resources shall be responsible for managing recruitment and internal competition procedures, for ensuring that the selection process is appropriate and consistent with the needs of the Organisation and for taking the necessary decisions in this regard. In the case of a procedure to fill a vacancy in a specific Major Administrative Entity, the Director of Human Resources shall work in close
co-operation with the Major Administrative Entity concerned.”

Article 11

1.         In the title of Article 13 of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “and promotions” shall be added after the term “recruitment”.

2.         In Article 13 of the Regulations on appointments (Appendix II to the Staff Regulations), paragraphs 1 (old) and 2 (old) shall be replaced by the terms “At the end of a recruitment procedure or an internal competition which may result in the promotion of a staff member, the Board shall assess the procedure and submit a recommendation to the Secretary General on the basis of all the relevant information at its disposal. Where a number of applicants are included in the recommendation, they shall be listed in order of merit.”


Article 12

Article 14 (old) of the Regulations on appointments (Appendix II to the Staff Regulations) shall be replaced by Article 14 (new), titled “Functions of the Board with regard to underperformance measures”, of the Regulations on appointments (Appendix II to the Staff Regulations). It shall henceforth read as follows:

“1.        In the case of continued underperformance by a staff member who has undergone an individual performance enhancement procedure the Head of the Major Administrative Entity concerned shall transmit the relevant appraisal reports to the Appointments Board as well as a reasoned proposal for one of the underperformance measures provided for in Article 22 bis, paragraph 3, of the Staff Regulations.

2.         The Appointments Board shall make a reasoned recommendation to the Secretary General on the imposition of an underperformance measure. Before making a recommendation, the Appointments Board shall hear the staff member concerned (who may be accompanied by a person of his or her choice) and the Head of the Major Administrative Entity, or his/her representative. The staff member may also submit written observations prior to the hearing. The recommendation shall be made within eight weeks of the referral by the Head of the Major Administrative Entity. The recommendation and any supporting documentation sent to the Secretary General shall also be sent to the staff member.”

Article 13

1.         In the title of Article 15 of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “Competitive examination” shall be replaced by the terms “Recruitment procedure”.

2.         In Article 15, of the Regulations on appointments (Appendix II to the Staff Regulations), paragraphs 1 (old) and 2 (old) shall be replaced by paragraph 1 (new), worded as follows:

“1.        Recruitment procedures shall consist of shortlisting of applications, assessments, and interviews:

·       Shortlisting shall be based on the eligibility criteria detailed in the vacancy notice. Candidates who best match the requirements shall be invited to the next stage of the selection process.

·       Assessments can include written papers, ability tests, knowledge tests, simulation exercises, situational judgement exercises, assessment centres, questionnaires, or any other type of assessment deemed appropriate for the recruitment needs; at least one assessment must be eliminatory.

·       Interviews shall be conducted by the Appointments Board. The Secretary General may invite up to two more persons, from outside the Council or from among serving staff, to take part in the interviews in an advisory capacity.”

3.         Paragraph 3 (old), of Article 15 of the Regulations on appointments (Appendix II to the Staff Regulations), shall become paragraph 2 (new). It shall henceforth read as follows:

“2.        When the number of successful applicants in a recruitment procedure exceeds the number of vacant posts or positions open to competition, a reserve list placing applicants in order of merit may be drawn up. Successful applicants shall be notified that their name appears on the reserve list. A reserve list shall be valid for two years; its validity may be extended up to a maximum of four years.”

4.         In Article 15 of the Regulations on appointments (Appendix II to the Staff Regulations), paragraphs 4 (old) and 5 (old) shall be deleted.


Article 14

A new Article 15A, titled “Recruitment for indefinite-term contracts”, shall be inserted into the Regulations on appointments (Appendix II to the Staff Regulations), worded as follows:

“In accordance with Article 6 of these Regulations, the Secretary General can decide that a recruitment procedure for an indefinite-term contract shall be held. The vacancy notice shall clearly state that the recruitment is for the career path leading to an indefinite-term contract.”

Article 15

A new Article 15B, titled “Recruitment for fixed-term contracts”, shall be inserted into the Regulations on appointments (Appendix II to the Staff Regulations), worded as follows:

“In accordance with Article 6 of these Regulations, the Secretary General can decide that a recruitment procedure for a fixed-term contract shall be held. The vacancy notice shall clearly state that the recruitment is for the career path leading to a fixed-term contract.”

Article 16

Article 16 (old) of the Regulations on appointments (Appendix II to the Staff Regulations) shall be replaced in its entirety by Article 16 (new) titled “Junior professional programmes and profiles with planned turnover”, of the Regulations on appointments (Appendix II to the Staff Regulations). It shall henceforth read as follows:

“1.        The Secretary General may determine, by means of a Rule, specific job profiles which shall exclusively be filled in the framework of junior professional programmes or for which it is in the interest of the Organisation that a regular turnover takes place. In such a Rule, the Secretary General shall also set a maximum duration for employment under such profiles. Total employment with the Organisation under such profiles shall not exceed that duration.

2.         Profiles for which a Rule under the preceding paragraph has been drawn up shall be filled only by recruitment. Vacant posts or positions under such profiles shall not be open to internal competition.

3.         A recruitment procedure for such a profile shall, as a minimum, include the shortlisting of applicants and an interview. If necessary, assessments may be held after the shortlisting and may be eliminatory. The provisions of Article 15, paragraphs 1 and 2, of these Regulations, shall apply accordingly.

4.         Staff members recruited under such profiles shall not be eligible for any subsequent internal competition, promotion or transfer, or for secondment.”

Article 17

In Article 17, paragraph 1, of the Regulations on appointments (Appendix II to the Staff Regulations), the term “one” shall be replaced by the term “two”.

Article 18

1.         In Article 18, paragraph 3, of the Regulations on appointments (Appendix II to the Staff Regulations), the term “Directorate” shall be replaced by the term “Director”.

2.         In Article 18, paragraph 4, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “apply for internal competitions or” shall be inserted between the terms “cannot” and “be”.


Article 19

1.         In Article 20, paragraph 2, of the Regulations on appointments (Appendix II to the Staff Regulations), the term “a.” shall be deleted, the terms “with a contract of indefinite duration or for a fixed term contract in accordance with the type of employment initially offered to the staff member” shall be deleted and subparagraph b shall be deleted.

2.         In Article 20 of the Regulations on appointments (Appendix II to the Staff Regulations), new paragraphs 5, 6, 7 and 8 shall be added, worded as follows:

“5.        A fixed-term contract may initially be offered for a duration of at least six months and for a maximum duration of two years. It may be extended or renewed one or more times, each time for a maximum period of five years. When deciding whether a fixed-term contract shall be prolonged or not, the Secretary General shall take at least three criteria into account: the need of the Organisation in terms of competencies, secured funding and satisfactory performance of the staff member. The Secretary General may determine the application of these criteria and add additional criteria in a Rule.

6.         Staff members recruited for the career path leading to indefinite-term contracts shall be granted such a contract upon confirmation in employment.

7.         Following confirmation in employment, a staff member recruited for employment on fixed-term contracts shall be offered a fixed-term contract which may be renewed in accordance with the provisions of paragraph 5. Before a renewal which would bring the staff member’s service on fixed-term contracts with the Organisation to more than nine years, the Director General of Administration, having consulted the Major Administrative Entity concerned, shall examine the file and make a recommendation to the Secretary General whether the contract should be extended beyond nine years or expire.

8.         For staff members employed on fixed-term contracts following a competition under Article 15B of these Regulations and who are confirmed in employment, the Secretary General may decide to hold a special formal assessment procedure for specific profiles in specific grades allowing the successful candidates to be employed on indefinite-term contracts.”

Article 20

Article 20 bis of the Regulations on appointments (Appendix II to the Staff Regulations) shall be deleted.

Article 21

1.         Article 21, paragraph 1, of the Regulations on appointments (Appendix II to the Staff Regulations) shall henceforth read as follows:

“1.        Internal competitions are open to staff members holding the same grade or a grade lower than the grade of the vacancy to be filled.”

2.         In the first sentence of Article 21, paragraph 3, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “The Board may recommend” shall be replaced by the terms “The Secretary General may decide”, and the term “successful” shall be inserted between the terms “the” and “staff”.

3.         Article 21, paragraph 4, of the Regulations on appointments (Appendix II to the Staff Regulations), shall henceforth read as follows:


“4.        Should an employment with duties and qualification requirements identical to those of the advertised post or position be vacant in the same Major Administrative Entity or become vacant within a time-frame of six months as a result of a decision of the Secretary General following an internal competition, the Secretary General may decide that the applicant ranked next in order of merit in accordance with Article 13 be appointed to the vacancy in question.”

4.         A new paragraph 4bis shall be inserted in Article 21 of the Regulations on appointments (Appendix II to the Staff Regulations), worded as follows:

“4 bis.   Staff members who are appointed to a new post or position following an internal competition shall not be eligible to apply for internal competitions for transfer which are advertised during the two years following that appointment.”

Article 22

Article 21 bis, of the Regulations on appointments (Appendix II to the Staff Regulations) shall be deleted.

Article 23

In Article 22, paragraph 3, of the Regulations on appointments (Appendix II to the Staff Regulations), the terms “contrary to” shall be replaced by the terms “prohibited by”.

Article 24

In the first sentence of Article 23 of the Regulations on appointments (Appendix II to the Staff Regulations), the figure “2” shall be replaced by the figure “3”, the terms “or position” shall be inserted between the terms “post” and “in”, and the term “external” shall be deleted.

Article 25

1.         Article 24, paragraph 3, of the Regulations on appointments (Appendix II to the Staff Regulations) shall henceforth be worded as follows:

“Staff members shall be promoted to A2 on the date upon which their confirmation in employment takes effect.”

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