Ministers’ Deputies
Decisions
CM/Del/Dec(2004)904 19 November 2004
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904th meeting, 17 November 2004
Decisions adopted
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CONTENTS
Page
List of those present .................................................................................................................. 8
1. General questions
1.1 Adoption of the agenda............................................................................................................. 11
1.2 Preparation of forthcoming meetings.......................................................................................... 12
1.3 Communication from the Secretary General and the Deputy Secretary General.............................. 12
1.4 Report of the Bureau................................................................................................................. 12
2. Political questions
2.1 Current political questions
a.Activities for the development and consolidation of democratic stability.................................. 13
- Exchange of views with Mr Miklos Haraszti, OSCE Representative on Freedom of the Media
- Moldova – Stock-taking of cooperation with the Council of Europe
- Ukraine – Election results
- Serbia and Montenegro: Kosovo – Election results
- Honouring of obligations and commitments by Bosnia and Herzegovina – Elements for a draft reply to Parliamentary Assembly Recommendation 1664 (2004)
b. Belarus – Election results........................................................................................ (cf. item 1.1)
c. Other questions....................................................................................................................... +
- Report on the visit by the Chairman of the Committee of Ministers, Mr Petersen, to the South Caucasus (7-13 October 2004)
-Visit by the Chair of the Committee of Ministers to Kyiv (12 November 2004)
- Statement by the Representative of Moldova
2.2 Situation in Cyprus....................................................................................................................... +
2.3 Exchange of views with Mr Nils Muiznieks, Minister for Special Assignments for Society
Integration Affairs of Latvia.......................................................................................................... +
2.4 Exchange of views with Mr Gijs de Vries, Counter-terrorism Coordinator
of the European Union................................................................................................ (cf. item 1.1)
2.5 Colonisation by Turkish settlers of the occupied part of Cyprus –
Parliamentary Assembly Recommendation 1608 (2003)................................................ (cf. item 1.1)
2.6 Relations between the Council of Europe and the United Nations – 59th session of the United Nations General Assembly in New York – Oral report by the Rapporteur (RAP-UN)................................. (cf. item 1.1)
2.7 Follow-up to the 114th Session of the Committee of Ministers (Strasbourg, 12-13 May 2004) –
Contribution of the Council of Europe to international action against terrorism –
Implementation of the activities of the Council of Europe against terrorism................................... 13
3. Parliamentary Assembly
3.1 Written Questions by members of the Parliamentary Assembly to the Committee of Ministers
a. Written Question No. 460 by Mr Rustamyan: “Bringing the Turkish Criminal Code into line
with European standards”........................................................................................... (cf. item 1.1)
Page
4. Human rights
4.1 Ad hoc Committee on Action against Trafficking in Human Beings (CAHTEH) –
Abridged report of the 6th meeting (Strasbourg, 28 September-1 October 2004)........................... 14
4.2 European Social Charter – Collective complaint No. 23/2003
Syndicat occitan de l'éducation against France............................................................................ 14
4.3 Framework Convention for the Protection of National Minorities – Draft Resolution
ResCMN(2004)… on the implementation of the Convention by Serbia and Montenegro................. 14
4.4 European Court of Human Rights – Election of judges – Lists of candidates in respect of
Latvia and Serbia and Montenegro............................................................................................. 15
4.5 European Commission against Racism and Intolerance (ECRI) – Nomination of an ECRI
member in respect of Malta........................................................................................................ 15
4.6 High-Level Seminar on Reform of the European Human Rights System (18 October 2004, Oslo, Norway) – Conclusions of the Seminar....................................................................................................... 15
H46-1 Ilaşcu and others against Moldova and Russia
Judgment of 08/07/2004 – Grand Chamber – Application of Article 46, paragraph 2, of the
European Convention on Human Rights as amended by Protocol No. 11..................................... 16
6. Social cohesion
6.1 Access to assistance and protection for asylum seekers at European seaports and coastal areas – Parliamentary Assembly Recommendation 1645 (2004)................................................................ 16
6.2 European Committee on Migration (CDMG) – Draft Recommendation Rec(2004)... of the
Committee of Ministers to member states on the movement and encampment of
Travellers in Europe.................................................................................................... (cf. item 1.1)
7. Education and culture
7.1 Tax incentives for cultural heritage conservation –
Parliamentary Assembly Recommendation 1634 (2003)................................................................ 16
7.2 (Item withdrawn)
8. Youth and sport
8.1 Participation of young people in local and regional life
a. Draft Recommendation Rec(2004)... of the Committee of Ministers to member states on the participation of young people in local and regional life........................................................................................ 17
b. The revised European Charter on the participation of young people in local and regional life – Recommendation 128 (2003) of the Congress of Local and Regional Authorities of the Council of Europe 17
8.2 Lesbians and gays in sport – Parliamentary Assembly Recommendation 1635 (2003).................... 17
Page
10. Legal questions
10.1 Committee of Legal Advisers on Public International Law (CAHDI) –
Abridged report of the 28th meeting (Lausanne, 13-14 September 2004)....................................... 18
10.2 Council of Europe's Convention on the Transfer of Sentenced Persons (ETS No. 112) –
Request by the Republic of Korea and Ecuador to be invited to accede....................................... 18
10.3 Steering Committee on Local and Regional Democracy (CDLR) – Final activity report on the elaboration of legal instruments of different types on regional self-government................................... (cf. item 1.1)
10.4 Additional Protocol to the Convention on Human Rights and Biomedicine, concerning Biomedical Research – Opening for signature................................................................................................................ 19
11. Administration and logistics
11.1 Financial statements of the Council of Europe for the year ended 31 December 2003 –
Report of the Board of Auditors and comments of the Secretary General thereon......................... 19
11.2 Financial statements of the Partial Agreement establishing the European Centre for Global Interdependence and Solidarity for the year ended 31 December 2003................................................................... 22
11.3 Financial statements of the Partial Agreement on the European Support Fund for the
Co-production and Distribution of creative cinematographic and audio visual works "Eurimages"
for the year ended 31 December 2003........................................................................................ 22
11.4 Revision of the Budget of the European Pharmacopoeia – Budget year 2004............................... 22
11.5 Revised Draft Resolutions on:
- Service Contracts of Consultants and
- Outsourcing Contracts to External Service Providers
Secretariat Memorandum prepared by the Directorate General of Administration
and Logistics............................................................................................................. (cf. item 1.1)
12. Congress of Local and Regional Authorities of the Council of Europe
12.1 "Linguistic Diversity: A Challenge for European Cities and Regions" – Conclusions of the Rovinj Conference (Croatia, 22-23 March 2001) – Recommendation 105 (2001) of the Congress of
Local and Regional Authorities of the Council of Europe............................................................. 23
Page
APPENDICES
APPENDIX 1 904th meeting of the Ministers' Deputies
(item 1.1) (Strasbourg, 17 (10am) November 2004)
Agenda............................................................................................................. 24
APPENDIX 2 908th meeting of the Ministers' Deputies
(item 1.2) (Strasbourg, 7 (10am) December 2004)
Draft Agenda.................................................................................................... 30
APPENDIX 3 909th meeting of the Ministers' Deputies
(item 1.2) (Strasbourg, 15 (10am) December 2004)
Draft Agenda.................................................................................................... 32
APPENDIX 4 Resolution ResChS(2004)6: Collective complaint No. 23/2003
(item 4.2) Syndicat occitan de l’éducation against France.................................................... 34
APPENDIX 5 Resolution ResCMN(2004)12 on the implementation of the Framework Convention
(item 4.3) for the Protection of National Minorities by Serbia and Montenegro..................... 35
APPENDIX 6 Reply to Parliamentary Assembly Recommendation 1645 (2004)
(item 6.1) on access to assistance and protection for asylum seekers
at European seaports and coastal areas............................................................. 37
APPENDIX 7 Reply to Parliamentary Assembly Recommendation 1634 (2003)
(item 7.1) on tax incentives for cultural heritage conservation.............................................. 40
APPENDIX 8 Recommendation Rec(2004)13 of the Committee of Ministers to member states
(item 8.1a) on the participation of young people in local and regional life.............................. 42
APPENDIX 9 Reply to Recommendation 128 (2003) of the Congress of Local and
(item 8.1b) Regional Authorities of the Council of Europe on the revised European Charter
on the participation of young people in local and regional life.............................. 55
APPENDIX 10 Reply to Parliamentary Assembly Recommendation 1635 (2003)
(item 8.2) on lesbians and gays in sport............................................................................ 56
APPENDIX 11 Specific terms of reference of the
(item 10.1) Committee of Legal Advisers on Public International Law (CAHDI)........................ 57
APPENDIX 12 Resolution Res(2004)12 concerning the financial statements of the General Budget
(item 11.1a) of the Council of Europe for the year ended 31 December 2003........................... 59
APPENDIX 13 Resolution Res(2004)13 concerning the financial statements
(item 11.1b) of the Partial Agreement in the Social and Public Health Field
for the year ended 31 December 2003................................................................ 63
APPENDIX 14 Resolution Res(2004)14 concerning the financial statements
(item 11.1c) of the European Pharmacopoeia for the year ended 31 December 2003............... 65
APPENDIX 15 Resolution Res(2004)15 concerning the financial statements
(item 11.1d) of the Partial Agreement on the Council of Europe Development Bank
for the year ended 31 December 2003................................................................ 68
APPENDIX 16 Resolution Res(2004)16 concerning the financial statements of the Partial
(item 11.1e) Agreement on the Cooperation Group to combat drug abuse and illicit trafficking
in drugs (Pompidou Group) for the year ended 31 December 2003....................... 70
APPENDIX 17 Resolution Res(2004)17 concerning the financial statements of the Partial
(item 11.1f) Agreement on the Cooperation Group for the prevention of, protection against,
and organisation of relief in major natural and technological disasters
for the year ended 31 December 2003................................................................ 72
APPENDIX 18 Resolution Res(2004)18 concerning the financial statements of the Enlarged
(item 11.1g) Agreement on the European Commission for Democracy through Law
(Venice Commission) for the year ended 31 December 2003................................ 74
APPENDIX 19 Resolution Res(2004)19 concerning the financial statements of the Partial
(item 11.1h) Agreement on the Youth Card for the year ended 31 December 2003................... 76
APPENDIX 20 Resolution Res(2004)20 concerning the financial statements of the Enlarged
(item 11.1i) Partial Agreement establishing the European Centre for Modern Languages
(Graz) for the year ended 31 December 2003....................................................... 78
APPENDIX 21 Resolution Res(2004)21 concerning the financial statements of the Enlarged
(item 11.1j) Partial Agreement on the "Group of States against Corruption - GRECO"
for the year ended 31 December 2003................................................................ 79
APPENDIX 22 Resolution Res(2004)22 concerning the financial statements of the Partial
(item 11.2) Agreement establishing the European Centre for Global Interdependence
and Solidarity for the year ended 31 December 2003........................................... 80
APPENDIX 23 Resolution Res(2004)23 concerning the financial statements of the Partial
(item 11.3) Agreement of the European Support Fund for the co-production and
distribution of creative cinematographic and audiovisual works "Eurimages"
for the year ended 31 December 2003................................................................ 81
APPENDIX 24 Resolution Res(2004)24 concerning the European Pharmacopoeia
(item 11.4) Budget 2004...................................................................................................... 82
APPENDIX 25 Reply to Recommendation 105 (2001) of the Congress of Local
(item 12.1) and Regional Authorities of the Council of Europe
on Linguistic Diversity: A Challenge for European Cities and Regions.................. 84
The 904th meeting of the Ministers’ Deputies opened on 17 November 2004 at 10.00 a.m. under the chairmanship of Mr K. Kocel, Deputy for the Minister for Foreign Affairs of Poland.
PRESENT
ALBANIA
Mr S. Çaushi
Mr F. Peni
Ms I Varfi
ANDORRA
Ms G. Cano
ARMENIA
Ms S. Abgaryan
Ms N. Nikolian
AUSTRIA
Mr A. Saupe
Mr H.-M. Plut
AZERBAIJAN
Mr F. Ismayilov
Mr Z. Ahmadov
BELGIUM
Mr C. Ghislain
Mr M. Peetermans
BOSNIA AND HERZEGOVINA
Ms M. Sidran-Beslagic
Ms L. Ljubic
BULGARIA
Mr Y. Sterk
Mr P. Baev
Ms E. Tomova
CROATIA
Mr D. Bučan
Ms V. Batistić-Kos
Ms J. Derviš
Mr D. Sabljak
CYPRUS
Mr M. Lyssiotis
Mr P. Kombos
Mr G. Ioannides
CZECH REPUBLIC
Ms V. Stromšìkovà
DENMARK
Mr N.-J. Nehring
ESTONIA
Ms E. Loman
FINLAND
Ms A.M. Nyroos
Mr E. Lundberg
FRANCE
Mr G. Chouraqui
Mr P. Merlin
Mr S. Muller
GEORGIA
Mr P. Matchavariani
GERMANY
Mr A. Siegel
Ms E. Müller
GREECE
Mr N. Tsamados
Mr K. Tsakonas
Ms D. Koukoulopoulou
HUNGARY
Mr Z. Taubner
Mr P. Gőndőr
Ms E. Petőházi
ICELAND
Mr H. Bjarnason
Ms R. Ingvarsdottir
IRELAND
Mr R. Gargan
ITALY
Mr P. Lonardo
Mr R. Cianfarani
Mr N. Tassoni Estense di Castelvecchio
LATVIA
Mr P. Elferts
Mr J. Mažeiks
LIECHTENSTEIN
Mr D. Ospelt
LITUANIA
Mr N. Germanas
Ms A. Venckevičienė
Ms B. Petrauskienė
LUXEMBOURG
Mr R. Mayer
Ms B. Zeches
MALTA
Mr C. Depasquale
MOLDOVA
Ms E. Radvan
Mr M. Garaz
MONACO
Mr R. Mortier
NETHERLANDS
Mr C. Meeuwis
M G. C. de Boer
Mr M. van den Bosch
Ms F. Brouwer
NORWAY
Mr T. Frøysnes
Mr O. Reinertsen
Mr H. Andreassen
Mr T. Aalia
POLAND
Mr K. Kocel, Chairman
Mr K. Piorkowski
Ms S. Jaczewska
PORTUGAL
Mr P. Castilho, Vice-Chairman
Mr A. Figueira
ROUMANIA
Mr G. Magheru
Mr R. Rotundu
Mr A. Pacuretu
Ms M. Manailescu
RUSSIAN FEDERATION
Mr A.K. Orlov
Mr V. Pospelov
Ms T. Sulitskaya
Mr O. Terentiev
Mr M. Nefedov
Mr S. Dalechin
Ms M. Molodtsova
Mr I. Volodin
Mr E. Ryzhkin
SAN MARINO
Mr G. Bellatti Ceccoli
Mr D. Beleffi
SERBIA AND MONTENEGRO
Ms S. Prica
Mr Z. Jankovic
SLOVAK REPUBLIC
Ms A. Lamperová
Ms M. Slováková
Ms E. Kimlikova
SLOVENIA
Mr A. Biber
Ms M. Mrak Thorne
SPAIN
Mr E Pérez de Agreda
Mr M. Alonso
SWEDEN
Mr B. Häggmark
Ms P. Berlin
SWITZERLAND
Mr C. Birrer
Ms C. Trautweiler
“THE FORMER
YUGOSLAVE REPUBLIC
OF MACEDONIA”
Ms O. Graovska
TURKEY
Mr K. Ecener
Ms K. Kiliç
Mr A. Açıkel
Mr A. Ay
Mr E. Ozan
Ms D. Akçay
UKRAINE
Mr A. Shevchuk
Mr A. Kuzmenko
Mr O. Plevako
UNITED KINDGOM
Mr S. Howarth
Ms F. Horine
*
* *
EUROPEAN COMMISSION
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*
* *
Item 1.1
Adoption of the agenda
Decisions
The Deputies
1. agreed to postpone the following items on the draft agenda of their 904th meeting:
|
2.1 |
Current political questions b. Belarus – Election results |
|
|
3.1 |
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers a. Written Question No. 460 by Mr Rustamyan: “Bringing the Turkish Criminal Code into line with European standards” |
|
6.2 |
European Committee on Migration (CDMG) – Draft Recommendation Rec(2004)... of the Committee of Ministers to member states on the movement and encampment of Travellers in Europe |
|
|
10.3 |
Steering Committee on Local and Regional Democracy (CDLR) – Final activity report on the elaboration of legal instruments of different types on regional self-government |
|
11.5 |
Revised Draft Resolutions on: - Service Contracts of Consultants and - Outsourcing Contracts to External Service Providers
|
to their 907th meeting (24 November 2004);
|
2.5 |
Colonisation by Turkish settlers of the occupied part of Cyprus – Parliamentary Assembly Recommendation 1608 (2003) |
to their 908th meeting (7 December 2004);
|
2.4 |
Exchange of views with Mr Gijs de Vries, Counter-terrorism Coordinator of the European Union |
|
2.6 |
Relations between the Council of Europe and the United Nations – 59th session of the United Nations General Assembly in New York – Oral report by the Rapporteur (RAP‑UN) |
to one of their forthcoming meetings;
2. agreed to add the following items to the agenda of their 904th meeting:
|
2.1 |
Current political questions |
|
4.6 |
High-Level Seminar on Reform of the European Human Rights System (18 October 2004, Oslo, Norway) – Conclusions of the Seminar; |
3. taking into account decisions 1 and 2 above, adopted the agenda of their 904th 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 908th meeting (7 (10 am) December 2004), as it appears at Appendix 2 to the present volume of Decisions;
2. approved the draft agenda for their 909th meeting (15 (10 am) December 2004), as it appears at Appendix 3 to the present volume of Decisions;
3. decided to hold their 905th (Budget) meeting on 1 and 2 December 2004, instead of 30 November and 1-2 December as originally scheduled.
Item 1.3
Communication from the Secretary General and the Deputy Secretary General –
Staff matters
Decisions
The Deputies
1. took note of the Secretary General's intention to appoint Ms Gabriella Battaini-Dragoni as Director General of DGIV (Grade A7) with immediate effect;
2. took note of the communication of the Secretary General, as it appears in document SG/Com(2004)904.
Item 1.4
Report of the Bureau
(CM/Bur/Del(2004)27 and 28)
Decision
The Deputies took note of the reports of the meetings of the Bureau of 4 and 15 November 2004 (CM/Bur/Del(2004)27 and 28) and approved the recommendations contained therein.
Item 2.1a
Current political questions
a. Activities for the development and consolidation of democratic stability
- Exchange of views with Mr Miklos Haraszti, OSCE Representative on Freedom of the Media
- Moldova – Stock-taking of cooperation with the Council of Europe
- Ukraine – Election results
- Serbia and Montenegro: Kosovo – Election results
- Honouring of obligations and commitments by Bosnia and Herzegovina – Elements for a draft reply to Parliamentary Assembly Recommendation 1664 (2004)
Decisions
The Deputies
1. took note of the synopsis of the GR-EDS meeting held on 5 November 2004
(GR-EDS(2004)CB15);
With regard to Moldova
2. decided to ask the GR-EDS to make a regular assessment of cooperation with Moldova, particularly on the three following points:
- implementation of the joint Council of Europe/European Commission programme;
- progress in compatibility of Moldovan legislation with Council of Europe standards;
- the situation of the media.
Item 2.7
Follow-up to the 114th Session of the Committee of Ministers (Strasbourg, 12-13 May 2004) – Contribution of the Council of Europe to international action against terrorism –
Implementation of the activities of the Council of Europe against terrorism
(CM/Del/Dec(2004)900/2.3 and 902/2.3b, CM(2004)180)
Decisions
The Deputies
1. agreed to resume consideration of this item at their 907th meeting (24 November 2004), in the light of any comments that may be made by the Steering Committee for Human Rights (CDDH) and the Committee of Experts on Terrorism (CODEXTER) on the draft terms of reference of the Group of Specialists on Victims of Terrorism (TER‑S‑AVT);
2. agreed to add the following items to the agenda of their 907th meeting (24 November 2004): 2.9b Committee of Experts on Terrorism (CODEXTER) – Abridged report of the 5th meeting (Strasbourg, 22‑23 November 2004); 2.9c Committee of Experts on Terrorism (CODEXTER) – Progress report.
Item 4.1
Ad Hoc Committee on Action against Trafficking in Human Beings (CAHTEH) –
Abridged report of the 6th meeting (Strasbourg, 28 September – 1 October 2004)
Decision
The Deputies took note of the abridged report of the 6th meeting of the Ad Hoc Committee on Action against Trafficking in Human Beings (CAHTEH), as it appears in document CM(2004)183 as a whole.
Item 4.2
European Social Charter –
Collective Complaint No. 23/2003
Syndicat occitan de l’éducation against France
(Report from the European Committee of Social Rights to the Committee of Ministers (confidential document))
Decision
In conformity with Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints, the Deputies, in their composition restricted to the Representatives of the Contracting Parties to the European Social Charter or to the revised European Social Charter in the Committee of Ministers,[1] adopted Resolution ResChS(2004)6 as it appears at Appendix 4 to the present volume of Decisions.
Item 4.3
Framework Convention for the Protection of National Minorities –
Draft Resolution ResCMN(2004)… on the implementation of the Framework Convention by Serbia and Montenegro
Decision
The Deputies adopted Resolution ResCMN(2004)12 on the implementation of the Framework Convention for the Protection of National Minorities by Serbia and Montenegro, as it appears at Appendix 5 to the present volume of Decisions.
Item 4.4
European Court of Human Rights –
Election of judges – Lists of candidatures in respect of Latvia and Serbia and Montenegro
(CM(2004)194 and Addendum, CM(2004)198)
Decisions
The Deputies
1. took note of the list of candidates for the election of a judge of the European Court of Human Rights presented in respect of Serbia and Montenegro;
2. agreed to transmit the said list of candidates to the President of the Parliamentary Assembly;
3. agreed to resume consideration of the list of candidates in respect of Latvia at their 907th meeting (24 November 2004).
Item 4.5
European Commission against Racism and Intolerance (ECRI) –
Nomination of an ECRI member in respect of Malta
(Resolution Res(2002)8, DGII(2004)16)
Decision
The Deputies took note of the name and curriculum vitae of the person designated by Malta as member of ECRI for a term of office of five years, starting on 17 November 2004, as they appear in document DGII(2004)16 as a whole.
Item 4.6
High-Level Seminar on Reform of the European Human Rights System
(18 October 2004, Oslo, Norway) – Conclusions of the Seminar
Decisions
The Deputies
1. took note of the conclusions of the High-Level Seminar on Reform of the European Human Rights System (18 October 2004, Oslo, Norway) as they appear in document CM(2004)209;
2. decided to transmit the conclusions to the Steering Committee on Human Rights (CDDH) with a request to take them into account in its future work;
3. decided to transmit the conclusions to the Parliamentary Assembly.
Item H46-1
Ilaşcu and others against Moldova and Russia
Judgment of 08/07/2004 – Grand Chamber – Application of Article 46, paragraph 2, of the European Convention on Human Rights as amended by Protocol No. 11
(Court judgment of 08/07/2004 (Grand Chamber), CM/Del/OJ/DH(2004)897/H46-48, CM/Del/Dec(2004)899/H46-1, 900/H46-1 and 902/H46-1)
Decision
The Deputies decided to resume consideration of this case at their 907th meeting (24 November 2004).
Item 6.1
Access to assistance and protection for asylum seekers at European seaports and coastal areas –
Parliamentary Assembly Recommendation 1645 (2004)
(REC_1645(2004), CM/AS(2004)Rec1645-prov., GR-SOC(2004)CB6, GR-SOC(2004)14)
Decision
The Deputies adopted the reply to Parliamentary Assembly Recommendation 1645 (2004) on access to assistance and protection for asylum seekers at European seaports and coastal areas, as it appears at Appendix 6 to the present volume of Decisions.[2]
Item 7.1
Tax incentives for cultural heritage conservation –
Parliamentary Assembly Recommendation 1634 (2003)
(REC_1634(2003), CM/AS(2004)Rec1634-prov.)
Decision
The Deputies adopted the reply to Parliamentary Assembly Recommendation 1634 (2003) on tax incentives for cultural heritage conservation, as it appears at Appendix 7 to the present volume of Decisions.[3]
Item 8.1a
Participation of young people in local and regional life
a. Draft Recommendation Rec(2004)… of the Committee of Ministers to member states on the participation of young people in local and regional life
Decision
The Deputies adopted Recommendation Rec(2004)13 of the Committee of Ministers to member sates on the participation of young people in local and regional life, as it appears at Appendix 8 to the present volume of Decisions.
Item 8.1b
The revised European Charter on the participation of young people in local and regional life – Recommendation 128 (2003) of the Congress of Local and Regional Authorities of the
Council of Europe
(Congress REC_128(2003), CM/Cong(2004)Rec128-prov.)
Decision
The Deputies adopted the reply to Recommendation 128 (2003) of the Congress of Local and Regional Authorities of the Council of Europe on the revised European Charter on the participation of young people in local and regional life, as it appears at Appendix 9 to the present volume of Decisions.[4]
Item 8.2
Lesbians and gays in sport –
Parliamentary Assembly Recommendation 1635 (2003)
(REC_1635(2003), CM/AS(2004)Rec1635-prov.)
Decision
The Deputies adopted the reply to Parliamentary Assembly Recommendation 1635 (2003) on lesbians and gays in sport, as it appears at Appendix 10 to the present volume of Decisions.[5]
Item 10.1
Committee of Legal Advisers on Public International Law (CAHDI) –
Abridged report of the 28th meeting (Lausanne, 13-14 September 2004)
Decisions
The Deputies
1. with reference to Parliamentary Assembly Recommendation 1602 (2003) on immunities of the members of the Parliamentary Assembly, invited member states, where the national legislation permits, to acknowledge unilaterally as an official document, the laissez-passer issued by the competent Council of Europe authorities to the members of the Parliamentary Assembly. They instructed the Secretary General to transmit this invitation to member states;
2. instructed the Secretariat to prepare a draft supplementary reply to Recommendation 1602 (2003) in the light of the above decision;
3. examined the list of possibly problematic reservations to international treaties applicable to the fight against terrorism, which appears in Appendix II to document CM(2004)174, and decided to resume consideration of this item at their 908th meeting (7 December 2004);
4. approved the specific terms of reference of the Committee of Legal Advisers on Public International Law (CAHDI), as they appear at Appendix 11 to the present volume of Decisions;
5. took note of the abridged report of CAHDI's 28th meeting as it appears in document CM(2004)174, as a whole.
Item 10.2
Council of Europe’s Convention on the Transfer of Sentenced Persons (ETS No. 112) –
Request by the Republic of Korea and Ecuador to be invited to accede
Decisions
The Deputies
1. took note of the request of the Republic of Korea and of Ecuador to be invited to accede to the Convention on the Transfer of Sentenced Persons (ETS No. 112) and noted that the Committee of Ministers agreed in principle to granting this request;
2. instructed the Secretariat to consult the non-member states which are Contracting States to the Convention on the Transfer of Sentenced Persons (ETS No. 112), i.e. Australia, the Bahamas, Bolivia, Canada, Chile, Costa Rica, Israel, Japan, Mauritius, Panama, Tonga, Trinidad and Tobago, the United States of America and Venezuela, and set 10 January 2005 as the deadline for a reply;
3. agreed that if there was no objection from the non-member states consulted, the decision to invite the Republic of Korea and Ecuador to accede to the Convention on the Transfer of Sentenced Persons (ETS No. 112) would be regarded as adopted on 19 January 2005 (912th meeting of the Deputies);
4. agreed to resume consideration of this item if the non-member states consulted raised an objection concerning the accession of the Republic of Korea and/or Ecuador.
Item 10.4
Additional Protocol to the Convention on Human Rights and Biomedicine,
concerning Biomedical Research –
Opening for signature
Decision
The Deputies decided that the Additional Protocol to the Convention on Human Rights and Biomedicine, concerning Biomedical Research, adopted on 30 June 2004 by the Committee of Ministers, will be opened for signature on the occasion of the First Part of the 2005 Session of the Parliamentary Assembly of the Council of Europe, which will be held in Strasbourg from 24 to 28 January 2005.
Item 11.1
Financial statements of the Council of Europe for the year ended 31 December 2003
Report of the Board of Auditors and comments by the Secretary General thereon
(CM(2004)124 and Corrigenda 1 and 2, CM(2004)127 and 128)
a. The General Budget (Ordinary Budget, Subsidiary Budgets: Services, Subsidiary Budget of the European Youth Centres, Subsidiary Budget for Publications, Extraordinary Budget, Pensions Budget, Budget of the European Youth Foundation)
Decision
The Deputies approved the financial statements of the General Budget for the year ended 31 December 2003 (Ordinary Budget, Subsidiary Budgets: Services, Subsidiary Budget of the European Youth Centres, Subsidiary Budget for Publications, Extraordinary Budget, Pensions Budget, Budget of the European Youth Foundation), in the light of the opinion of the Board of Auditors (CM(2004)124, page 5), and accordingly adopted Resolution Res(2004)12 as it appears at Appendix 12 to the present volume of Decisions.
b. The Partial Agreement in the Social and Public Health Field
Decision
The Deputies, in their composition restricted to Representatives of the States members in 2003 of the Partial Agreement in the Social and Public Health Field,[6] approved the financial statements of this Partial Agreement for the year ended 31 December 2003, in the light of the opinion of the Board of Auditors (CM(2004)124, page 5), and accordingly adopted Resolution Res(2004)13 as it appears at Appendix 13 to the present volume of Decisions.
c. The European Pharmacopoeia and Subsidiary Budgets of the European Pharmacopoeia
Decision
The Deputies, in their composition restricted to Representatives of the States Parties in 2003 to the Convention on the elaboration of a European Pharmacopoeia,[7] approved the financial statements of this Partial Agreement for the year ended 31 December 2003, in the light of the opinion of the Board of Auditors (CM(2004)124, page 5), and accordingly adopted Resolution Res(2004)14 as it appears at Appendix 14 to the present volume of Decisions.
d. The Partial Agreement on the Council of Europe Development Bank
Decision
The Deputies, in their composition restricted to Representatives of the States members in 2003 of the Partial Agreement on the Council of Europe Development Bank,[8] approved the financial statements of this Partial Agreement for the year ended 31 December 2003, in the light of the opinion of the Board of Auditors (CM(2004)124, page 5), and accordingly adopted Resolution Res(2004)15 as it appears at Appendix 15 to the present volume of Decisions.
e. The Partial Agreement on the Cooperation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group)
Decision
The Deputies, in their composition restricted to Representatives of the States members in 2003 of the Partial Agreement on the Cooperation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group),[9] approved the financial statements of this Partial Agreement for the year ended 31 December 2003, in the light of the opinion of the Board of Auditors (CM(2004)124, page 5), and accordingly adopted Resolution Res(2004)16 as it appears at Appendix 16 to the present volume of Decisions.
f. The Partial Agreement on the Cooperation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters
Decision
The Deputies, in their composition restricted to Representatives of the States members in 2003 of the Partial Agreement on the Cooperation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters,[10] approved the financial statements of this Partial Agreement for the year ended 31 December 2003, in the light of the opinion of the Board of Auditors (CM(2004)124, page 5), and accordingly adopted Resolution Res(2004)17 as it appears at Appendix 17 to the present volume of Decisions.
g. The Enlarged Agreement on the European Commission for Democracy through Law
(Venice Commission)
Decision
The Deputies approved the financial statements of this Enlarged Agreement for the year ended 31 December 2003, in the light of the opinion of the Board of Auditors (CM(2004)124, page 5), and accordingly adopted Resolution Res(2004)18 as it appears at Appendix 18 to the present volume of Decisions.
h. The Partial Agreement on the Youth Card
Decision
The Deputies, in their composition restricted to Representatives of the States members in 2003 of the Partial Agreement on the Youth Card,[11] approved the financial statements of this Partial Agreement for the year ended 31 December 2003, in the light of the opinion of the Board of Auditors (CM(2004)124, page 5), and accordingly adopted Resolution Res(2004)19 as it appears at Appendix 19 to the present volume of Decisions.
i. The Enlarged Partial Agreement establishing the European Centre for Modern Languages (Graz)
Decision
The Deputies, in their composition restricted to Representatives of the States members in 2003 of the Enlarged Partial Agreement establishing the European Centre for Modern Languages (Graz),[12] approved the financial statements of this Enlarged Partial Agreement for the year ended 31 December 2003, in the light of the opinion of the Board of Auditors (CM(2004)124, page 5), and accordingly adopted Resolution Res(2004)20 as it appears at Appendix 20 to the present volume of Decisions.
j. The Enlarged Partial Agreement on the “Group of States against Corruption – GRECO”
Decision
The Deputies, in their composition restricted to Representatives of the States members in 2003 of the Enlarged Partial Agreement on the “Group of States against Corruption – GRECO”,[13] approved the financial statements of this Enlarged Partial Agreement for the year ended 31 December 2003, in the light of the opinion of the Board of Auditors (CM(2004)124, page 5), and accordingly adopted Resolution Res(2004)21 as it appears at Appendix 21 to the present volume of Decisions.
Item 11.2
Financial statements of the Partial Agreement establishing the European Centre for Global Interdependence and Solidarity for the year ended 31 December 2003
(CM(2004)125, 127 and 128)
Decision
The Deputies, in their composition restricted to Representatives of the States members in 2003 of the Partial Agreement establishing the European Centre for Global Interdependence and Solidarity ,[14] approved the financial statements of this Partial Agreement for the year ended 31 December 2003, in the light of the opinion of the Board of Auditors (CM(2004)125, page 6), and accordingly adopted Resolution Res(2004)22 as it appears at Appendix 22 to the present volume of Decisions.
Item 11.3
Financial statements of the Partial Agreement on the European Support Fund for the co-production and distribution of creative cinematographic and audio‑visual works "Eurimages" for the year ended 31 December 2003
(CM(2004)126, 127 and 128)
Decision
The Deputies, in their composition restricted to Representatives of the States members in 2003 of the Partial Agreement on the European Support Fund for the co-production and distribution of creative cinematographic and audio-visual works "Eurimages",[15] approved the financial statements of this Partial Agreement for the year ended 31 December 2003, in the light of the opinion of the Board of Auditors (CM(2004)126, page 4), and accordingly adopted Resolution Res(2004)23 as it appears at Appendix 23 to the present volume of Decisions.
Item 11.4
Revision of the Budget of the European Pharmacopoeia – Budget year 2004
(CM(2004)176 and corrigendum)
Decision
The Deputies, in their composition restricted to Representatives of the States Parties to the Convention on the elaboration of the European Pharmacopoeia,[16] adopted Resolution Res(2004)24, as it appears at Appendix 24 to the present volume of Decisions.
Item 12.1
“Linguistic Diversity: A Challenge for European Cities and Regions” – Conclusions of the Rovinj Conference (Croatia, 22-23 March 2001) –
Recommendation 105 (2001) of the Congress of Local and Regional Authorities of the
Council of Europe
(Congress REC_105(2001), CM/Cong(2004)Rec105-prov.)
Decision
The Deputies adopted the reply to Recommendation 105 (2001) of the Congress of Local and Regional Authorities of the Council of Europe on Linguistic Diversity: A Challenge for European Cities and Regions - Conclusions of the Rovinj Conference (Croatia, 22-23 March 2001), as it appears at Appendix 25 to the present volume of Decisions.[17]
Appendix 1
(Item 1.1)
904 Meeting of the Ministers’ Deputies
Strasbourg, 15 (10am) November 2004
Agenda
|
1. |
General questions |
|
1.1 |
Adoption of the agenda |
|
1.2 |
Preparation of forthcoming meetings |
|
1.3 |
Communication from the Secretary General and the Deputy Secretary General |
|
1.4 |
Report of the Bureau |
|
2. |
Political questions |
|
2.1 |
Current political questions - Moldova – Stock-taking of cooperation with the Council of Europe - Ukraine – Election results - Serbia and Montenegro: Kosovo – Election results - Honouring of obligations and commitments by Bosnia and Herzegovina – Elements for a draft reply to Parliamentary Assembly Recommendation 1664 (2004)
|
|
b. Belarus – Election results
|
|
|
c. Other questions
|
|
2.2 |
Situation in Cyprus |
|
2.3 |
Exchange of views with Mr Nils Muiznieks, Minister for Special Assignments for Society Integration Affairs of Latvia |
|
2.4 |
Exchange of views with Mr Gijs de Vries, Counter-terrorism Coordinator of the European Union |
|
(Item postponed) |
|
|
2.5 |
Colonisation by Turkish settlers of the occupied part of Cyprus – Parliamentary Assembly Recommendation 1608 (2003) |
|
(Item postponed) |
|
|
2.6 |
Relations between the Council of Europe and the United Nations – 59th session of the United Nations General Assembly in New York - Oral report by the Rapporteur (RAP-UN) |
|
(Item postponed) |
|
|
2.7 |
Follow-up to the 114th Session of the Committee of Ministers (Strasbourg, 12-13 May 2004) – Contribution of the Council of Europe to international action against terrorism – Implementation of the activities of the Council of Europe against terrorism
|
|
3. |
Parliamentary Assembly |
|
3.1 |
Written Questions by members of the Parliamentary Assembly to the Committee of Ministers |
|
(Item postponed) |
|
|
4. |
Human rights
|
|
4.1 |
Ad hoc Committee on Action against Trafficking in Human Beings (CAHTEH) – Abridged report of the 6th meeting (Strasbourg, 28 September-1 October 2004) |
|
4.2 |
European Social Charter – Collective complaint No. 23/2003 Syndicat occitan de l'éducation against France
|
|
4.3 |
Framework Convention for the Protection of National Minorities – Draft Resolution ResCMN(2004)… on the implementation of the Convention by Serbia and Montenegro |
|
4.4 |
European Court of Human Rights - Election of judges – Lists of candidates in respect of Latvia and Serbia and Montenegro
|
|
4.5 |
European Commission against Racism and Intolerance (ECRI) – Nomination of an ECRI member in respect of Malta
|
|
4.6 |
High-Level Seminar on Reform of the European Human Rights System (18 October 2004, Oslo, Norway) – Conclusions of the Seminar |
|
H46-1 |
Ilaşcu and others against Moldova and Russia Judgment of 08/07/2004 – Grand Chamber – Application of Article 46, paragraph 2, of the European Convention on Human Rights as amended by Protocol No. 11
|
|
6. |
Social cohesion
|
|
6.1 |
Access to assistance and protection for asylum seekers at European seaports and coastal areas – Parliamentary Assembly Recommendation 1645 (2004) |
|
6.2 |
European Committee on Migration (CDMG) - Draft Recommendation Rec(2004)... of the Committee of Ministers to member stateson the movement and encampment of Travellers in Europe |
|
(Item postponed) |
|
|
7. |
Education and culture |
|
7.1 |
Tax incentives for cultural heritage conservation – Parliamentary Assembly Recommendation 1634 (2003)
|
|
7.2 |
(Item withdrawn) |
|
8. |
Youth and sport |
|
8.1 |
Participation of young people in local and regional life
|
|
8.2 |
Lesbians and gays in sport – Parliamentary Assembly Recommendation 1635 (2003)
|
|
10. |
Legal questions
|
|
10.1 |
Committee of Legal Advisers on Public International Law (CAHDI) – Abridged report of the 28th meeting (Lausanne, 13-14 September 2004) |
|
10.2 |
Council of Europe's Convention on the Transfer of Sentenced Persons (ETS No. 112) – Request by the Republic of Korea and Ecuador to be invited to accede |
|
10.3 |
Steering Committee on Local and Regional Democracy (CDLR) – Final activity report on the elaboration of legal instruments of different types on regional self-government |
|
(Item postponed) |
|
|
10.4 |
Additional Protocol to the Convention on Human Rights and Biomedicine, concerning Biomedical Research – Opening for signature
|
|
11. |
Administration and logistics |
|
11.1 |
Financial statements of the Council of Europe for the year ended 31 December 2003
|
|
11.2 |
Financial statements of the Partial Agreement establishing the European Centre for Global Interdependence and Solidarity for the year ended 31 December 2003
|
|
11.3 |
Financial statements of the Partial Agreement on the European Support Fund for the Co‑production and Distribution of creative cinematographic and audio visual works "Eurimages" for the year ended 31 December 2003
|
|
11.4 |
Revision of the Budget of the European Pharmacopoeia – Budget year 2004
|
|
11.5 |
Revised Draft Resolutions on: (Item to be prepared by the GR-AB) |
|
(Item postponed) |
|
|
12. |
Congress of Local and Regional Authorities of the Council of Europe |
|
12.1 |
"Linguistic Diversity: A Challenge for European Cities and Regions" – Conclusions of the Rovinj Conference (Croatia, 22-23 March 2001) – Recommendation 105 (2001) of the Congress of Local and Regional Authorities of the Council of Europe
|
|
13. |
Any other business |
Appendix 2
(Item 1.2)
908 Meeting of the Ministers' Deputies
(Strasbourg, 7(10am) December 2004)
Draft Agenda
In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 10 November 2004
Notes: 26 November 2004
|
1. |
General questions |
|
1.1 |
Adoption of the agenda |
|
1.2 |
Preparation of forthcoming meetings |
|
1.3 |
Communication from the Secretary General and the Deputy Secretary General |
|
1.4 |
Report of the Bureau |
|
1.5 |
Conferences of Specialised Ministers – State of preparation |
|
2. |
Political questions |
|
2.1 |
Current political questions |
|
2.2 |
Situation in Cyprus |
|
2.3 |
Colonisation by Turkish settlers of the occupied part of Cyprus – Parliamentary Assembly Recommendation 1608 (2003) |
|
2.4* |
Relations between the Council of Europe and Non-Governmental Organisations (NGOs) – Exchange of views with Mrs Annelise Oeschger, Chairperson of the Liaison Committee of NGOs enjoying participatory status with the Council of Europe |
|
3. |
Parliamentary Assembly |
|
3.1* |
Standing Committee (Warsaw, 23 November 2004) |
|
4. |
Human rights |
|
4.1 |
European Social Charter, of its Protocols and of the Revised European Social Charter – “Tour de table” on the signature and ratification |
|
10. |
Legal questions |
|
10.1 |
Revision of the Convention on laundering, search, seizure and confiscation of the proceeds from crime (PC-RM) – Extension of the terms of reference of the Committee of Experts |
|
10.2* |
Committee of Legal Advisers on Public International Law (CAHDI) – Reservations to international treaties applicable to the fight against terrorism |
|
11. |
Administration and logistics |
|
11.1 |
Ad hoc Committee of Experts on Buildings (CAHB) – Meeting report (Strasbourg, 30 September and 1 October 2004) |
|
12. |
Congress of Local and Regional Authorities of the Council of Europe |
|
12.1 |
Autumn Session of the Congress (Strasbourg, 4-5 November 2004) – Communication by the Chief Executive of the Congress |
|
13. |
Any other business |
Appendix 3
(Item 1.2)
909 Meeting of the Ministers' Deputies
(Strasbourg, 15(10am) December 2004)
Draft Agenda
In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 17 November 2004
Notes: 3 December 2004
|
1. |
General questions |
|
1.1 |
Adoption of the agenda |
|
1.2 |
Preparation of forthcoming meetings |
|
1.3 |
Communication from the Secretary General and the Deputy Secretary General |
|
1.4 |
Report of the Bureau |
|
1.5 |
Integrated Project I: Making democratic institutions work – Draft Recommendation Rec(2004)… of the Committee of Ministers to member states on electronic governance (“e-governance”) and its Explanatory Memorandum |
|
2. |
Political questions |
|
2.1 |
Current political questions |
|
2.2 |
Situation in Cyprus |
|
3. |
Parliamentary Assembly |
|
3.1* |
Standing Committee (Warsaw, 23 November 2004)- texts adopted |
|
4. |
Human rights |
|
4.1 |
Rights of national minorities – Parliamentary Assembly Recommendation 1623 (2003) |
|
4.2 |
3rd Annual Report on the Activities of the Council of Europe Commissioner for Human Rights (1 January – 31 December 2004) – Parliamentary Assembly Recommendation 1640 (2004) |
|
5. |
Media |
|
5.1 |
Steering Committee on the Mass Media (CDMM) |
|
8. |
Youth and sport |
|
8.1 |
European Steering Committee for Youth (CDEJ) – Abridged report of the 33rd meeting (Budapest, 11-13 October 2004) |
|
10. |
Legal questions |
|
10.1 |
European Charter for Regional and Minority Languages – Second report of the Committee of Experts in respect of the Netherlands |
|
11. |
Administration and Logistics |
|
11.1* |
Committee on Works of Art – Report of the 18th meeting (Strasbourg, 5 October 2004) |
|
11.2* |
Budget Committee – Appointment of members and alternate members of the for the period 6, Addendum 7, Addendum 8, Addendum 9, Addendum 10 and Addendum 11) |
|
13. |
Any other business |
Appendix 4
(Item 4.2)
Resolution ResChS(2004)6
Collective complaint No. 23/2003
Syndicat occitan de l’éducation against France
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers’ Deputies)
The Committee of Ministers, in their composition restricted to the Representatives of the Contracting Parties to the European Social Charter or the revised European Social Charter,[18]
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 introduced on 18 November 2003 by the Syndicat occitan de l’éducation against France,
Having regard to the report transmitted to it on 8 September 2004, in accordance with Article 8 of the Additional Protocol, containing the decision of the European Committee of Social Rights that there is no violation of the provisions of the Revised Charter referred to in the complaint,
Takes note of the report.
Appendix 5
(Item 4.3)
Resolution ResCMN(2004)12
on the implementation of the Framework Convention for the Protection of National Minorities
by Serbia and Montenegro
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as “the Framework Convention”);
Having regard to Resolution No. R (97) 10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention;
Having regard to the voting rule adopted in the context of adopting Resolution No. R (97) 10;[19]
Having regard to the instrument of accession submitted by Serbia and Montenegro on 11 May 2001;
Recalling that the Government of Serbia and Montenegro transmitted its state report in respect of the first monitoring cycle under the Framework Convention on 16 October 2002;
Whereas the Advisory Committee accepted the invitation of the Government of Serbia and Montenegro to send a delegation to gather further information in Serbia and Montenegro, this visit taking place from 27 September to 3 October 2003;
Whereas the Advisory Committee’s opinion on the implementation of the Framework Convention by Serbia and Montenegro was adopted on 27 November 2003 and then transmitted to the Permanent Representative of Serbia and Montenegro and communicated to the Permanent Representatives of all member states as document CM(2004)5 and subsequently made public by the Government of Serbia and Montenegro;
Whereas the Government of Serbia and Montenegro submitted its written comments on the opinion of the Advisory Committee, these written comments having been communicated to the Permanent Representatives of all member states as an addendum to document CM(2004)5, dated 18 May 2004;
Having examined the Advisory Committee’s opinion and the written comments of the Government of Serbia and Montenegro;
Having also taken note of comments by other governments,
1. Adopts the following conclusions concerning the implementation of the Framework Convention by Serbia and Montenegro:
– While the constitutional structures have undergone fundamental changes, the authorities of Serbia and Montenegro have taken decisive steps to protect national minorities in such fields as education and language rights. The Union Charter of Human Rights and Minority Rights and Civil Freedoms and the Federal Law on the Protection of Rights and Freedoms of National Minorities constitute a good basis for the implementation of the Framework Convention and contain promising innovations such as the National Councils of national minorities. Recognition should be given to the commitment shown by the State Union Ministry for Human and Minority Rights to the implementation of the said laws.
– In the legislative field, a number of shortcomings remain. There is, for example, a need to clarify the legal status of the legislation concerning national minorities adopted by the former federal authorities. In Montenegro, the authorities should complete their work to couple the pertinent constitutional provisions with more detailed legal guarantees for the protection of national minorities, paying particular attention to the use of minority languages in contacts with administrative authorities and in the media, as well as to teaching in and of minority languages.
– The main problems in the protection of national minorities in Serbia and Montenegro pertain to the implementation of the relevant norms in practice, which is at times hampered by the limited cooperation between the relevant authorities of the State Union and its constituent states, and by the lack of clarity as to their relative competences. This needs to be addressed, including through improved cooperation on the part of the Montenegrin authorities and accelerated constitutional reform and institutional stabilisation in Serbia.
- Inter-ethnic relations are still affected by the difficult legacy of the past regime and the deteriorating social conditions. Despite marked progress, manifestations of inter-ethnic tension are still reported and raise concern. Efforts to build tolerance and trust, which have been valuable, for example in respect of Albanian minority in southern Serbia, need to be expanded further in other parts of Serbia and Montenegro including notably in Vojvodina. The protection of national minorities should receive greater attention from law-enforcement agencies regarding especially the effective investigation and prevention of violent incidents recently committed against persons belonging to Hungarian and some other national minorities. All attempts to exploit inter-ethnic tensions for political purposes, be it locally, nationally or internationally, should be immediately stopped and unconditionally condemned.
- Further improvements should be achieved in the representation of the Bosniac and other national minorities in the law-enforcement agencies as well as within the judiciary.
– Both legislative and practical measures are needed to improve the implementation of the principles of non-discrimination and full and effective equality. In this respect, the serious difficulties faced by displaced and other Roma merit urgent attention including through the adoption and implementation of a comprehensive Roma strategy. These difficulties are particularly apparent in such fields as health, housing and employment as well as in education, where the problem of undue placing of Roma children in schools for persons with mental disabilities needs to be addressed as a matter of high priority.
– There are variations between regions in terms of the efforts made to protect the languages and cultures of national minorities. Whereas in Vojvodina a number of commendable initiatives have been introduced, the situation is less developed, for example, with respect to the protection of the Vlach national minority in north-eastern Serbia. The authorities should undertake proactive monitoring and other measures to ensure that the relevant legislation, including the pertinent provisions of the Federal Law on the Protection of Rights and Freedoms of National Minorities, is consistently implemented.
2. Recommends that Serbia and Montenegro take appropriate account of the conclusions set out in section 1 above, together with the various comments in the Advisory Committee’s opinion.
3. Invites the Government of Serbia and Montenegro, in accordance with Resolution No. R (97) 10:
a. to continue the dialogue in progress with the Advisory Committee;
b. to keep the Advisory Committee regularly informed of the measures it has taken in response to the conclusions and recommendations set out in sections 1 and 2 above.
Appendix 6
(Item 6.1)
Reply to Parliamentary Assembly Recommendation 1645 (2004) on access to assistance and protection for asylum seekers at European seaports and coastal areas
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
1. The Committee of Ministers has considered Parliamentary Assembly Recommendation 1645 (2004) on access to assistance and protection for asylum seekers at European seaports and coastal areas and forwarded it to the governments of its member states. It has also forwarded it to the Ad hoc Committee of Experts on the Legal Aspects of Territorial Asylum, Refugees and Stateless Persons (CAHAR), the European Committee on Migration (CDMG), the Steering Committee for Human Rights (CDDH), the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and the Council of Europe Development Bank for information and comments; the Committee of Ministers has taken them into account when preparing this reply.
2. The Committee of Ministers understands the reasons for the Parliamentary Assembly’s concerns regarding the issue of arrival of asylum seekers at seaports and coastal areas. This is a growing phenomenon in Europe. In this respect, the Committee of Ministers wishes to stress that the Migration Management Strategy (adopted by the European Committee on Migration at its 42nd meeting in May 2000) and the Helsinki Declaration (2002) (Final Declaration of the 7th Conference of Ministers responsible for Migration Affairs (Helsinki, 16-17 September 2002) encourage European countries to develop channels of legal migration as well as to provide potential migrants with all the necessary information and assistance.
3. The problems of irregular migration remain a priority for the Committee of Ministers’ Steering Committee on Migration (CDMG). The CDMG has created an Ad Hoc Working Group on Irregular Migration in 2003 and a report is expected in 2004. In addition, the CDMG has recently published a report on “Preventing illegal immigration: juggling economic imperatives, political risks and individual rights”, and a report undertaken on irregular migration was presented at its September 2004 meeting.
4. The question of illegal arrival of asylum seekers at seaports or coastal areas raises the question of an effective access to the asylum procedure in these places. Indeed, the existing policies and practices related to the reception of the asylum seekers in the coastal areas of the Council of Europe member states need to be regularly followed and, when appropriate, improved.
5. With respect to an effective access to the asylum procedure for those asylum seekers arriving at seaports or coastal areas, the Committee of Ministers would like to recall its own Recommendation No. R (98) 15 to member states on the training of officials who first come into contact with asylum seekers, in particular at border points, which describes the training to be provided for two types of officials: those who are required to refer asylum seekers to the competent asylum authority, and those whose responsibility it is to receive and process asylum applications, and/or to take a decision. The provisions of this Recommendation do apply to all officials who first come into contact with asylum seekers, including immigration or border staff in seaports or in coastal areas. A proper implementation of this Recommendation would greatly contribute to guaranteeing an effective access to asylum procedures for the asylum seekers concerned. In this respect, the Committee of Ministers would like to inform the Assembly that the CAHAR will also forward to all its members a questionnaire on the implementation of this Recommendation, which will include specific references on training of officials in seaports or in coastal areas.
6. Also, the Committee of Ministers recalls its Recommendation No. (94) 5 to member states on the arrival of asylum seekers at European airports. It provides guidelines based on the fundamental principles in the field of human rights to inspire the practices of member states with regard to the examination of asylum requests as well as the reception of asylum seekers arriving at airports. These guidelines contain a number of guarantees which are also referred to in Parliamentary Assembly Recommendation 1645 (2004), such as: the right for asylum seekers to have their requests examined in compliance with the international obligations of each state; the possibility of sending an asylum-seeker to a third country, subject to respect of the provisions of the Geneva Convention, in particular its Article 33, and in compliance with Article 3 of the European Convention on Human Rights; the right to the assistance of a qualified and impartial interpreter; the right to contact a legal counsellor or a lawyer; medical and social assistance; sufficient accommodation and food in reception facilities.
7. Concerning the absence of suspensive effect of the appeal proceeding against the refusal to receive an asylum application, or against expulsion, denounced in the Recommendation, the Committee of Ministers would like to recall its Recommendation No. R (81) 16 to member states on the harmonisation of national procedures relating to asylum, that provides for the suspensive effect of an appeal or review procedures against a decision on an asylum request. Also, according to the Committee of Ministers’ Recommendation No. R (98) 13 to member states on the right of rejected asylum seekers to an effective remedy against decisions on expulsion in the context of Article 3 of the European Convention on Human Rights, the execution of the expulsion order is suspended until a decision by an independent authority having the competence to decide on the existence of the conditions provided for by Article 3 of the Convention, is taken.
8. With regard to paragraph 10.iii.j of the Recommendation, which calls on member states to conduct sea patrolling operations in such a way that persons are not returned to countries where they would be at risk of persecution or human rights violations, the Committee of Ministers would like to draw the Assembly’s attention to the ongoing work of the CAHAR on the drafting of guidelines on forced return.
9. The Committee of Ministers would add that experience shows that, on arrival in a country or at a later stage in procedure, many asylum-seekers risk being deprived of their liberty. In this connection it draws attention to the work, at member countries’ land, sea and air arrival points, by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), involving visits to places of detention (border police posts, border holding centres, etc.), and to the views the CPT was expressing as early as 1997 regarding the standard of treatment of people detained under aliens entry and residence legislation and the basic safeguards they must be given, also bearing in mind the risk of ill-treatment in the return country (see the 7th General Report on the CPT’s activities, CPT/Inf(97)10).
10. In this context the Committee of Ministers further draws attention to the CPT’s recent guidelines on deportation of foreign nationals by air (see 13th General Report on the CPT’s activities, CPT/Inf(2003)35), which might be relevant to asylum-seekers whose applications have been refused and whom it is intended to deport by air (instead of by ship or land).
11. As for the Assembly's recommendation inviting the Council of Europe Development Bank (CEB) to give positive consideration to funding requests from member states wishing to establish appropriate and permanent reception structures in coastal areas and near seaports, the Committee of Ministers recalls that
the search for appropriate effective and respectful of human rights solutions to the problems faced by the member states because of the management of population flows, lies at the very heart of the CEB’s mandate.
12. According to Article II of its Articles of Agreement, aid to migrants, refugees and IDPs represents a priority field of intervention for the Bank. The membership of the CEB encompasses countries of destination of population flows as well as countries of origin or transit, and the Bank strives to provide solutions adapted to the different situations and needs. Between 1956 and 2002 the CEB devoted € 4.3 billion to finance projects providing for the construction or rehabilitation of permanent reception centres or contributing to set up the basic infrastructure required for the immediate needs of populations victims of exceptional situations, but also supporting the long term integration of migrants and refugees in reception countries such as construction of housing for and professional training of poorly qualified immigrant workers, or the stabilisation of the population flows in rural areas in countries of origin. Over the last five years, the CEB has responded to the requests made by several member states, such as most recently Croatia and Lithuania, for projects targeting refugees and IDPs, making available a total amount of € 71 million in loans approved.
13. With a view to reinforcing its action in this field, a framework for cooperation with the UNHCR is under preparation. In March 2004, the Administrative Council approved two donations for a project in Bosnia and Herzegovina and another one in Serbia and Montenegro, for an amount of USD 300,000 and USD 704,000, respectively. Both projects aim at ensuring the voluntary return or the integration in the local communities of refugees and IDPs still living in reception centres.
14. The Committee of Ministers is confident that, building on this experience, the CEB is certainly ready to partner its member states in their effort to ensure appropriate reception structures in the areas most concerned by the arrival of migrants or refugees, help identify new possible projects in this area, examine the loan requests submitted by member states to that effect and give to them priority of consideration at the time of approval.
Appendix 7
(Item 7.1)
Reply to Parliamentary Assembly Recommendation 1634 (2003)
on tax incentives for cultural heritage conservation
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
1. The Committee of Ministers has considered with much interest Parliamentary Assembly Recommendation 1634 (2003) on tax incentives for cultural heritage conservation. It has forwarded it to the governments of its member states.
2. Like the Assembly, the Committee of Ministers considers that Recommendation No. R (91) 6 on measures likely to promote the funding of the conservation of the architectural heritage continues to be relevant. It invites the CD-PAT to hold an exchange of views at its next ordinary meeting on the measures taken and the difficulties to which implementation of this Recommendation may give rise.
3. With regard to a comparative review of existing systems and publication of the results, the Committee of Ministers points out that the European Heritage Network (HEREIN information system) could in future constitute an appropriate tool for such work. Moreover, on the basis of a mandate given by the Committee of Ministers, the CDPAT is currently elaborating a draft Framework Convention on the cultural heritage aiming, notably, at stressing the need of Parties to establish the legal, financial and professional framework necessary for concerted action by public authorities, experts, owners, investors, undertakings and civil society and to develop the exchange of good practices.
4. In practical terms, a contribution will be made by the Technical Cooperation Programme's[20] legislative support task force, which plans to prepare a work of reference on these matters.
5. Having made the information gathered by international organisations available to governments, it is up to each government to decide how the ideas can best be applied in their own taxation system.
Appendix to the reply
Technical Cooperation and Consultancy Programme
In 1973, at the request of the member states, the Committee of Ministers drafted a code of practice for the programme - "Rules for technical assistance relating to the integrated conservation of the cultural heritage of monuments and sites". The programme evolved in time as refinements and adjustments were made, and the Rules had to be revised in 1979 and in 1987.
In the light of the changed political and economical situation in the countries of Central and Eastern Europe, which has led to the accession of these countries as new members to the Council of Europe, the Rules were revised by the Bureau for the Council of Cultural Cooperation in December 1992. The new "Rules for the Technical Cooperation and Consultancy Programme relating to the Integrated Conservation of the Cultural Heritage" were adopted at that time.
The Programme is one of the principal tools in this area. It supports member states in solving complex problems linked to the protection, conservation, promotion, management, use and re-use of the architectural and archaeological heritage, the protection and development of sites and landscapes, together with the resulting urban planning problems, all in the integrated view of social and economical sustainable development.
The structure of the Programme is based on informal groups of high-level experts, as for instance, the “Legal Support Task Force” (CAL) created in 1997. The CAL is responsible for evaluating legislative texts, providing assistance in preparing new texts, as well as setting out the conditions for their application. The CAL also contributes to the publication of “Road maps” and guides of good practices in the legal field.
Since 2002, the Programme has been implemented as part of the “Technical Cooperation and Field Action Unit” (DGIV).
Appendix 8
(Item 8.1a)
Recommendation Rec(2004)13
of the Committee of Ministers to member states
on the participation of young people in local and regional life
(Adopted by the Committee of Ministers on 17 November 2004,
at the 904th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,
Having regard to the objectives of the Council of Europe in the youth field and in the field of local and regional authorities;
Having regard to Resolution Res(2003)7 of the Committee of Ministers to member states on youth policy at the Council of Europe;
Having regard to Recommendation Rec(2001)19 of the Committee of Ministers to member states on the participation of citizens in local public life;
Having regard to the relevant conclusions of the six Conferences of European Ministers responsible for Youth held between 1985 and 2002, and particularly the adoption of participation issues as a priority field of action by the sixth conference (Thessaloniki, 7-9 November 2002);
Recalling the adoption in 1992 by the Standing Conference of Local and Regional Authorities of the Council of Europe of the European Charter on the Participation of Young People in Municipal and Regional Life;
Bearing in mind the conclusions of the Conference on “Young People, Actors in their Towns and Regions” (Krakow, 7-8 March 2002), as a good example of cooperation between the Congress of Local and Regional Authorities of the Council of Europe and the Directorate of Youth and Sport;
Bearing in mind the ongoing work within the European Union on the development of common objectives on youth participation in the implementation process of the White Paper on “A new impetus for European youth”, as well as the cooperation between the Council of Europe and the European Commission in this process;
Reaffirming the vital role of young people’s participation in the building of civil society, and the need for all youth policies to consider youth as a resource rather than as a problem;
Considering that the participation of young people is a determining factor in ensuring social cohesion and in making democracy work;
Recalling the work undertaken by the Council of Europe on promoting education for democratic citizenship;
Recalling the need for all national youth policies to reach down to the local level in order to react in an appropriate and flexible manner to the needs, wishes and culture of young people;
Concerned by the fact that Europe today is facing a number of challenges regarding the participation of young people in institutional and associative life, particularly in traditional structures;
Underlining the fact that associative life is, particularly for young people, a favourable place for learning about democracy and that its development contributes to the strengthening of civil society and of democratic security on the European continent,
Recommends that the governments of member states, taking account of their respective legislative, administrative and constitutional arrangements, promote and support the implementation of the revised European Charter on the Participation of Young People in Local and Regional Life, adopted within Recommendation 128 (2003) of the Congress of Local and Regional Authorities of the Council of Europe[21] and, in order to do this:
a. encourage local and regional authorities to take into account the principles set out in the revised Charter when developing and implementing policies and programmes in all fields concerning young people;
b. promote an environment favourable to active participation by young people in local and regional life, by encouraging local and regional authorities:
i. to encourage the participation of young people in associative life, particularly in youth organisations, and develop cooperation, where appropriate in the form of partnerships, between youth organisations and local and regional authorities;
ii. to establish, at local and regional level, for example, youth consultative bodies such as municipal youth councils, youth parliaments or forums, allowing all young people, whether or not they belong to organisations or associations, to express their opinions and present proposals on the formulation and implementation of policies affecting them; [22]
iii. to promote all forms of active participation by children and young people in educational establishments;
iv. to promote the training of youth workers, teachers, and other relevant actors, including civil servants at local and regional level, in youth participation;
v. to provide information and advice to young people regarding participation;
c. encourage governments to enhance the possibilities for young people of voting age permanently and legally residing on respective territories to participate in local and regional elections;
d. encourage local and regional authorities to integrate into the practice of local and regional democracy the work undertaken by the Council of Europe on education for democratic citizenship in the context of formal and non-formal education;
e. invite local and regional authorities, in consultation with young people and involved partners, to follow up and monitor the implementation of the revised European Charter on the Participation of Young People in Local and Regional Life;
Instructs the Secretary General to transmit the present Recommendation to States Parties to the European Cultural Convention which are not members of the Council of Europe;
Instructs the Secretary General to transmit the present Recommendation to the Congress of Local and Regional Authorities of the Council of Europe in order that it be taken into account in the framework of the reports by the Congress on local and regional democracy.
Appendix to Recommendation Rec(2004)13
Revised European Charter on the Participation of Young People
in Local and Regional Life
The active participation of young people in decisions and actions at local and regional level is essential if we are to build more democratic, inclusive and prosperous societies. Participation in the democratic life of any community is about more than voting or standing for election, although these are important elements. Participation and active citizenship is about having the right, the means, the space and the opportunity and where necessary the support to participate in and influence decisions and engage in actions and activities so as to contribute to building a better society.
Local and regional authorities, as the authorities closest to the young person, have a very important role to play in promoting youth participation. In doing so, local and regional authorities can ensure that young people not only hear and learn about democracy and citizenship, but rather have the opportunity to practice it. However, youth participation is not solely about developing active citizens or building democracy for the future. It is vital, if participation is to be meaningful for young people, that they can influence and shape decisions and actions when they are young and not only at some later stage in life.
When local and regional authorities support and promote youth participation they also contribute to the social integration of young people, helping them to deal not only with the challenges and pressures of youth, but also with the challenges of a modern society where anonymity and individualism are often predominant. However, for youth participation in local and regional life to be successful, lasting and meaningful requires more than the development or restructuring of political or administrative systems. Any policy or action designed to promote youth participation must ensure that the cultural environment is one of respect for young people and must also take into account the diverse needs, circumstances and aspirations of young people. And it must involve some element of fun and enjoyment.
1. The participation of young people in local and regional life must constitute part of a global policy of citizens’ participation in public life, as set out in Recommendation Rec(2001)19 of the Committee of Ministers to member states on the participation of citizens in local public life.
2. Local and regional authorities are convinced that all sectoral policies should have a youth dimension. They therefore undertake to comply with the provisions of this Charter and to implement the various forms of participation, which follow in consultation and cooperation with young people and their representatives.
3. The principles and various forms of participation advocated in this Charter apply to all young people without discrimination. In order to achieve this, special attention should be paid to promoting the participation in local and regional life of young people from disadvantaged sectors of society and from ethnic, national, social, sexual, cultural, religious and linguistic minorities.
Part 1: Sectoral policies
I.1 A policy for sport, leisure and associative life
4. Local and regional authorities should support organised socio-cultural activities – run by youth associations and organisations, youth groups and community centres – which, together with the family and school or work, are one of the pillars of social cohesion in the municipality or region; these are an ideal channel for youth participation and the implementation of youth policies in the fields of sport, culture, crafts and trades, artistic and other forms of creation and expression, as well as in the field of social action.
5. In order to develop the local and regional youth association sector, local and regional authorities should through appropriate measures lend their support, in particular to organisations which train facilitators and leaders of youth clubs and organisations, as well as youth workers, who play a vital part in life at local and regional level.
6. Local and regional authorities should encourage associations to promote the active participation of young people in their statutory bodies.
I.2 A policy to promote youth employment and combat unemployment
7. The economic and social conditions that young people experience impact upon their willingness and ability to participate in their local community. When young people are unemployed or living in poverty they are less likely to have the desire, resources and social support to be active citizens in local and regional life. Young people who are unemployed are likely to be among the most excluded in society and therefore local and regional authorities should develop policies and promote initiatives to reduce youth unemployment.
8. Therefore, local and regional authorities should:
i. develop polices and programmes in concertation with young people (including those who are unemployed or at risk of being unemployed), local employers, trade unions, education, training and employment authorities and youth organisations to address the causes of youth unemployment and promote employment opportunities for young people;
ii. establish local employment centres to provide specialist help and support to young unemployed people in finding meaningful and stable work. Young unemployed people should have the right to be involved in the management of these centres if they so wish;
iii. support the establishment of businesses, enterprises and cooperatives by young people or groups of young people by providing funding and other support such as premises, equipment, training and professional advice;
iv. encourage experimentation by young people with the social economy, community self-help initiatives or cooperatives.
I.3 Urban environment and habitat, housing policy, and transport
9. Together with representatives of youth organisations, local and regional authorities should create conditions for developing an urban environment policy based on a more integrated, less fragmented living environment which is conducive to social interaction and the development of high-quality public spaces.
10. Local and regional authorities should pursue housing and urban environment policies which closely involve young people in consultation arrangements bringing together locally or regionally elected representatives, economic decision makers, leaders of associations and architects. Their aim is:
i. to draw up programmes for a more harmonious environment conducive to personal self-fulfilment and the development of real solidarity between the generations;
ii. to develop a concerted policy on the urban environment that takes account of residents’ social and intercultural realities in the drawing up of housing and/or housing renovation programmes.
11. In close cooperation with youth organisations, tenants’ organisations and/or consumer organisations, social housing agencies and social workers, local and regional authorities should promote the development of, or develop within existing social structures:
i. local information services on housing for young people;
ii. local schemes (e.g. low-cost loans, rent guarantee systems) to help young people gain access to housing.
12. The mobility of young people is made possible through easy access to public transport, of which they are the main users. This mobility is indispensable for participation in social life and for being full citizens.
13. Young people should therefore be involved in the organisation of public transport, at both local and regional level. Specially adapted rates should allow the most disadvantaged young people to travel.
14. In rural areas, mobility and transport are a fundamental necessity for quality of life and not just necessary to facilitate participation. Therefore, local and regional authorities should support rural transport initiatives that seek to provide transport services (public or private, individual or collective) and increase mobility in rural areas for groups such as young people who are currently excluded due to lack of means of transport.
I.4 An education and training policy promoting youth participation
15. School is an institution in which young people not only spend a considerable proportion of their lives and where they undertake a formal educational programme; it is also a place where many of their views and perspectives on life are shaped. It is essential that young people learn about participation and democracy while in school and that courses on democracy, participation and citizenship are available and properly resourced. However school must also be a place where young people experience democracy in action and where their participation in decision-making is supported, promoted and is seen as effective. Therefore:
i. local and regional authorities should actively encourage the participation of young people in school life. They should provide financial and other supports such as meeting facilities to enable young people to establish democratic school student associations. These associations should be independent and self-governing, and if they want to, they should have the right to participate in decisions concerning the management of the school in partnership with the teachers and school authorities;
ii. where local and regional authorities are responsible for school curricula, they should ensure that students and student associations are consulted on an ongoing basis concerning curricula and their development. They should also ensure that civic and political education is incorporated into school curricula and given the necessary prominence and resources in the educational programme of all students.
I.5 A policy for mobility and exchanges
16. Local and regional authorities should support those associations or groups which favour the mobility of young people (young workers, students, or volunteers) through exchange policies, and develop networking policies and an awareness of European citizenship.
17. Local and regional authorities should encourage young people, their organisations and their schools to participate actively in international twinning activities, all types of exchanges, and European networks. These authorities should be ready to give them financial support, in order to promote language learning and intercultural exchanges, as well as exchanges of experience.
18. They should include young people and/or their representatives in the twinning committees and other organs responsible for implementing these exchanges.
19. With a view to promoting the emergence and implementation of projects that originate from young people and promote both the development of the concept of all-round health and the dynamics of community life, local and regional authorities should create or develop institutional machinery for consultation between youth organisations, elected representatives and all social and professional groups concerned with social welfare and the promotion of health.
20. Faced with the ravages of tobacco, alcohol and drug abuse among young people, local and regional authorities should introduce, develop or promote, together with representatives of youth organisations and of health services, local information policies and counselling facilities for young people affected by these problems, as well as special training policies for young social workers and for voluntary workers and leaders of organisations operating prevention and rehabilitation strategies for the young people concerned.
21. In view of the current increase in sexually transmitted diseases, local and regional authorities should intensify information campaigns and preventive measures aimed at young people, thus promoting within the community a spirit of solidarity engendering social relationships in which moral judgments and segregation have no place. Young people and the representatives of local youth organisations and of health services should be closely involved in the design and implementation of these information and action programmes.
I.7 A gender equality policy
22. As part of their policies to create optimum conditions for equal participation by women and men in local and regional affairs, local and regional authorities should take affirmative action in support of the access of young men and women to positions of responsibility within professional life, associations, politics and local and regional authorities.
23. Within the limits of their powers, local and regional authorities should promote, from early childhood onwards, an educational policy of equality between women and men.
24. To promote a policy of equality between women and men, local and regional authorities should:
i. draw up a medium-term plan with the aim of eliminating inequalities between young men and young women;
ii. implement and evaluate measures which promote equal opportunities for girls and young women.
25. In order to achieve this aim, these policies should in particular enable girls and young women:
i. to receive specific information on training courses leading to professional qualifications;
ii. to learn occupational skills by offering grants and specific courses of study in professions including those which have traditionally been filled by men;
iii. to train them in the running of public affairs by entrusting them with responsibilities at the highest level, on the basis of a quota of places reserved for women;
iv. to introduce financial measures for social services which assist girls and young women.
I.8 A specific policy for rural regions
26. Local and regional authorities need to take into account the different needs of young people in rural areas when developing or establishing actions and activities to promote youth participation. Therefore, they should:
i. ensure that educational, employment, housing, transport and other sectoral policies reflect and address the special needs of young people living in rural areas. These policies should help young people who want to live in rural areas to do so. Young people living in rural areas should not have to endure or expect a lower level of social services and provision than those living in urban areas;
ii. provide financial and other support to youth organisations and other community organisations active in rural areas. These organisations can stimulate social and cultural life in rural communities and can be an important social outlet for young people. Youth and other community organisations not only play an important role in encouraging youth participation; they can also enhance the quality of life and combat problems such as rural isolation.
I.9 A policy on access to culture
27. Art and culture exist in forms that are both multiple and constantly changing, according to tastes, places and period. They are, however, part of the past, present and future personal and collective heritage, to which successive generations contribute. They are, in a way, the reflection of each society. Young people, through their practice of culture and their capacity for initiative, exploration and innovation, build and play a role in these cultural developments. It is therefore important to allow them access to culture in all its forms and to promote their possibilities for creative activity including in new fields.
28. Local and regional authorities should therefore adopt, in association with young people and their organisations, policies designed to allow them to become cultural actors, with access to knowledge, the practice of culture and creative activity in places and using methods designed for that purpose.
I.10 A policy for sustainable development and for the environment
29. Faced with an increasingly obvious deterioration of the environment, local and regional authorities should give financial support to educational projects in schools and associations, in order to raise awareness of environmental problems.
30. Aware that environmental problems are of primary concern to the young people who will be obliged in the future to cope with the consequences of past mistakes, local and regional authorities should support activities and projects which promote sustainable development and environmental protection and which involve young people and their organisations.
I.11 A policy to combat violence and crime
31. Bearing in mind that the victims of crime and violence are often young people, and recognising the necessity of finding adequate responses to the crime and violence in contemporary society, as well as the need to involve young people directly in combating these problems;
32. Local and regional authorities should:
i. include young people in crime prevention councils, where these exist;
ii. work in particular with young people who risk being involved in crime or who have already been involved in crime;
iii. combat racist violence by all means available;
iv. tackle all forms of violence in schools. This should be done in cooperation with all relevant actors, such as educational and police authorities, teachers, parents and young people themselves;
v. contribute to the creation of networks of associations and projects promoting non-violence projects and tolerance both in school and out of school;
vi. do their utmost to protect young people from sexual exploitation, abuse or other forms of maltreatment and provide structures that provide psychological and material support and confidential consultation to victims.
33. In implementing the above, local and regional authorities contribute towards building a climate of trust and respect between young people and public authorities such as the police.
I.12 An anti-discrimination policy
34. Local and regional authorities should actively promote human rights and measures to counter discrimination against minorities (including their young members) or against young people with disabilities and other population groups that may suffer discrimination, and should promote the development of multicultural communities through the integration of minorities, taking account of their diverse needs and customs, cultures and lifestyles.
35. In this connection, local and regional authorities should:
i. pass or reinforce anti-discrimination legislation so as to ensure equal access for all citizens to public places, to vocational training, to schooling, to housing, to cultural activities and to other areas of life. Such access should be monitored and guaranteed by joint bodies comprising local government representatives and representatives of minorities and young people themselves;
ii. foster inter-religious dialogue, multicultural, anti-racist education and education against discrimination as part of the school curriculum.
36. During their transition from childhood dependence on family, school, religious community or other “authorities” towards an autonomous adult life, young people may be faced with a variety of questions on issues connected to their personal relationships (within the family or close circle, with their peers, with their friend or partner). The emergence and exercise of their sexuality is not always easy, even if they are not ready to admit it. In addition, there is a persistent ignorance surrounding issues of sexual health and mistrust towards official attitudes concerning the risks of certain sexual behaviours.
37. In order to help young people find their way in this area towards a healthy and fulfilling affective life, local and regional authorities, in association with parents, schools and organisations specialised in this field, should promote and support:
i. non-directive sex education in schools;
ii. organisations and services offering information about relationships, sexual methods and family planning;
iii. peer group work in this field.
38. Young people should be actively associated with the planning, implementation and evaluation of information and other services aimed at young people in this field.
I.14 A policy of access to rights and law
39. In order to live together, societies are based on rules which must be respected by all. In democratic societies, these rules are discussed and adopted by the citizens’ elected representatives and given concrete expression, particularly in legislative texts which bestow rights and obligations upon all persons.
40. As these texts increase in number, it is more and more difficult for the individual to know, respect and apply them, thus creating disparities between citizens. Young people are the most naturally concerned by this phenomenon.
41. Local and regional authorities should therefore facilitate young people’s access to their rights:
i. by developing their knowledge through the dissemination of information, particularly in schools, peer groups and information services;
ii. by the application of their rights through the support of services designed to work alongside young people who desire this;
iii. by allowing young people to participate in the drawing-up of new rules.
Part II: Instruments for youth participation
42. In order to achieve real youth participation a certain number of instruments need to be placed at young people’s disposal. This entails developing participation training for young people, keeping them informed, providing them with means of communication, supporting their projects, and recognising and giving a higher profile to young people’s dedication to community causes and voluntary work. Participation only takes on full meaning where young people’s role in political parties, trade unions and associations is acknowledged and, above all, where an effort is made to promote youth associations set up with and by young people themselves.
II.1 Training in youth participation
43. Local and regional authorities, conscious of the dominant role that the school plays in the life of young people, should provide, in the school environment, support and training in youth participation, human rights education and non-formal learning in schools. They should also provide training and support for the participation of young people in associative life and in their local community by promoting:
i. vocational training for teachers and youth workers in the practice of youth participation;
ii. all forms of participation of pupils in schools;
iii. civic education programmes in schools;
iv. peer-group education, by providing the necessary space and means and by supporting the exchange of good practice.
44. Information is often a key to participation, and the right of young people to have access to information about opportunities and matters which concern them is increasingly recognised in official European and international documents,[23] and not only in the context of local and regional life.
45. In order to participate in activities and in the life of their community, or to benefit from services and opportunities aimed at them, young people need to know about them. Participating in activities and projects of interest to them and which they organise themselves is often a step in a process encouraging their deeper involvement in the community, including its political life.
46. Local and regional authorities should therefore support and improve existing information and counselling centres for young people, in order to ensure that they provide services of quality that meet the needs expressed by young people. Where such centres do not exist, local and regional authorities and other relevant actors should promote and assist the creation of adequate information services for young people, inter alia, through existing structures such as schools, youth service and libraries. Specific measures should be taken to meet the information needs of groups of young people who have difficulty in accessing information (language barriers, no access to the Internet, etc.).
47. Information services for young people must conform to certain professional principles and standards.[24] Public authorities are encouraged to guarantee such standards and to promote their continual improvement, where possible in accordance with a set of nationally (or regionally) agreed quality measures and standards. Young people should have the possibility to participate in the preparation, implementation and evaluation of the activities and products of youth information centres/services and be represented in their governing bodies.
II.3 Promoting youth participation through information and communication technologies
48. Information and communication technologies can offer new possibilities for informing and allowing the participation of young people. They can be used to exchange a wide variety of information, and thanks to their inter-activity, to increase the participation of young people. Local and regional authorities should therefore use these technologies in their information and participation policies, on the condition that access to them is guaranteed for all young people in terms of places of access to and training in these new tools.
II.4 Promoting young people’s participation in the media
49. Whilst young people are major media consumers, they can also be actors in this field by increasing the possibilities they are given to express themselves and participate in the production of the information supplied by the media. Through their way of dealing with certain subjects, they allow different and often more accessible information to be provided for their peers. This participation also allows young people to understand the construction of information and to develop the necessary critical faculty.
50. Local and regional authorities should therefore support the creation and the functioning of the media (radio, television, the written and electronic press, etc.) developed by and for young people, as well as relevant training programmes.
51. Young people should be supported and encouraged to engage in voluntary activity. At a time when young people are under increasing pressure to perform and succeed as individuals in education and in the world of work, it is important that volunteerism is promoted and recognised. Therefore, local and regional authorities should:
i. support the establishment of volunteer centres and develop initiatives aimed at supporting and promoting the involvement of young people in voluntary activity such as information and promotional campaigns;
ii. in partnership with young people, voluntary organisations, educational authorities and employers, develop systems which recognise and validate voluntary activity in the formal education system and in employment.
II.6 Support for young people’s projects and initiatives
52. Through their hopes and their desires, young people have many ideas which can be translated into projects and local activities that are beneficial to all. Given proper support, these projects, and their successes as well as their failures, can also help young people to develop their sense of responsibility and their autonomy, thus becoming social actors. Local and regional authorities should therefore facilitate the implementation of these projects, be they small- or large-scale, by allowing them to be accompanied in their execution by professionals and to have access to financial, material and technical assistance.
II.7 Promoting young people’s organisations
53. Youth organisations are unique in that they are primarily focused on reflecting the views and serving the needs and interests of young people. They also provide a space where young people can learn and experience the opportunities and challenges of participating in decisions and actions with other young people. They can be structured organisations or they can be informal groups of young people. It is important that young people have the opportunity to join a youth organisation of their choice in their community if they so wish. Young people should also have the right and be supported to establish their own organisations if they want to. Therefore:
i. local and regional authorities should have a specific budget designated solely for supporting youth organisations that run activities or provide services or act as the voice of young people in the community and advocate on their behalf. Preference should be given to organisations that are run by and for young people and/or have policies and systems in place to enable active youth participation;
ii. local and regional authorities should develop the Council of Europe co-management principle and system of decision-making in partnership with young people and youth organisations in policy areas of relevance to young people. It is important that where such co-management structures are put in place, young people and youth organisations are respected as full partners and also have the choice not to participate if they so wish.
II.8 Youth participation in non-governmental organisations (NGOs) and political parties
54. A vibrant, independent and active non-governmental sector is an essential element of any truly democratic society. It is also important that other sectors of civil society such as political parties are strong and active at a local and regional level. Participation in the democratic life of any country, region or locality is about more than voting every few years. That is why participation in NGOs and political parties is so important, because they help citizens to be involved in, and influence, decisions and actions on an ongoing basis. Therefore it is crucial that young people are encouraged and supported to participate in associative life in their communities.
55. Local and regional authorities should provide financial and other resources to NGOs which actively promote the participation of young people in their activities and democratic decision-making structures and procedures.
56. Local and regional authorities, in partnership with political parties and in a non-partisan manner, should promote the involvement of young people in the party political system in general, and support specific actions, such as training.
Part III: Institutional participation by young people in local and regional affairs
57. In order to carry out the sectoral policies set out in Part II, local and regional authorities should undertake to put in place the appropriate structures or arrangements enabling the participation of young people in the decisions and debates affecting them.
58. These structures will take on different forms according to the level at which they are established, be it that of a village, a town, an urban neighbourhood within a city, or even a region. They should create the conditions for genuine dialogue and partnership between young people and local and regional authorities and they should enable young people and their representatives to be full actors in the policies affecting them. Such structures should normally be representative and permanent, dealing with all matters in which young people express an interest. In addition it can be envisaged that an ad hoc structure can be made to debate or act upon a specific issue. On occasion it may be appropriate to combine different forms.
III.1 Youth councils, youth parliaments, youth forums
59. Effective participation of young people in local and regional affairs should be based on their awareness of the social and cultural changes taking place within their community, and requires a permanent representative structure such as a youth council, a youth parliament or a youth forum.
60. Such a structure may be composed by election, or by appointment from within organisations of young people and/or on a voluntary basis. Its membership should reflect the community’s sociological make-up.
61. Young people should assume direct responsibility for projects and play an active part in the related policies. For this purpose, local and regional authorities should create or support structures for active participation.
62. These structures provide the physical framework for the free expression by young people of their concerns, particularly as regards the raising of such concerns with the authorities, and the possibility of making proposals to them. Issues to be raised might reflect those laid out in Part I of the present Charter.
63. The roles of such a structure might include:
i. providing a forum for the free expression by young people of their concerns, relating, inter alia, to proposals and policies of the authorities;
ii. offering the possibility for young people to make proposals to the local and regional authorities;
iii. enabling authorities to consult young people on specific issues;
iv. providing a forum where projects involving young people are developed, monitored and evaluated;
v. providing a forum to facilitate consultation with young people’s associations and organisations;
vi. facilitating the participation of young people in other consultative bodies of the local and regional authorities.
64. By giving young people the opportunity to speak and act on the problems affecting them, such structures provide training in democratic life and the management of public affairs.
65. Young people should therefore be encouraged to participate in such structures and the activities undertaken within their framework, in order to promote their capacities for learning about and practicing the principles of democratic citizenship. Particularly for those young people who are instigators of projects and dialogue with the authorities, such structures should also provide a forum for training in democratic leadership.
66. The local and regional authorities, and the young people themselves, will also benefit from the multiplier effect that the act of participation by young people in such structures can bring, particularly in terms of encouraging young people in the exercise of their civic rights, such as participation in elections and other forms of polling including referenda.
III.2 Support for structures of youth participation
67. In order to function effectively, institutional structures of youth participation (whether they are formal or informal) require resources and support. To this end, local and regional authorities should provide such structures with the space, financial means and material support necessary for the purpose of ensuring their smooth and effective operation. The provision of such means does not exclude such structures from seeking additional financial and material support from other sources, such as private foundations and companies.
68. Local and regional authorities should ensure that the provision of support to structures of youth participation is guaranteed. To this end, they should appoint a guarantor – a person or group of persons – to follow implementation of support measures, to whom the structures can address themselves in case of need.
69. Such a person or group of persons should be independent from the political structures and from the structures of youth participation, and nomination is agreed upon by both of the above.
70. In addition to guaranteeing the above-mentioned support, the functions of this person(s) could include:
i. acting as the interface between young people and the elected local and regional representatives on any issue raised by either of these;
ii. acting as the advocate for young people vis-à-vis the local and regional authorities in situations of tension between the two;
iii. acting as a channel through which local and regional authorities can communicate with young people;
iv. preparing regular reports for the attention of young people and the local and regional authorities in order to evaluate the level of participation by young people in local and regional life, for example through the implementation of projects or involvement in structures of youth participation, and the impact of their participation.
Appendix 9
(Item 8.1b)
Reply to Recommendation 128 (2003) of the Congress of Local and Regional Authorities of the Council of Europe on the revised European Charter on the participation of young people in local and regional life
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
1. The Committee of Ministers has considered Congress Recommendation 128 (2003) on the Revised European Charter on the participation of young people in local and regional life and is pleased to inform the Congress that it has adopted the revised European Charter as a Recommendation to its member states.
2. Among the concrete contributions to the implementation of the revised Charter, the Joint Council on Youth organised the third edition of the Council of Europe Award “Young active citizens” (2004) on the following theme: “Participation of young people in the prevention and fight against violence in everyday life”. The Award ceremony will take place on the occasion of the Ministerial Conference of the Integrated Project “Responses to violence in everyday life in a democratic society”, to be held in Oslo on 7-9 November 2004.
3. Furthermore, the Council of Europe’s Committee on Local and Regional Democracy (CDLR) has considered Recommendation 128 (2003) and, in the light of its previous work in the field of the participation of citizens in public life at local level, expressed its readiness to assist the Joint Council of Youth in the application of the proposals for the implementation of the revised Charter.
Appendix 10
(Item 8.2)
Reply to Parliamentary Assembly Recommendation 1635 (2003)
on lesbians and gays in sport
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
1. The Committee of Ministers has considered Parliamentary Assembly Recommendation 1635 (2003) on lesbians and gays in sport, and welcomes the Assembly's interest and engagement in the issue of discrimination on the basis of sexual orientation. The Recommendation was forwarded to the governments of its member states. It was also sent to its Steering Committee for the Development of Sport (CDDS).
2. The Committee of Ministers shares the Assembly’s view that homophobia in sport should be combated in the same way as racism and other forms of discrimination. It recognises that the issue of homophobia in sport is a matter of concern for sports policy makers and sports organisations as a means of promoting tolerance and of ensuring non-discrimination in sport (see Article 4.1 of the European Sports Charter, R (92) 13 revised). The Charter states that the access to sport facilities or to sport activities should be open to all without discrimination.
3. The Committee of Ministers shares the Assembly’s view that sport is a key factor in social cohesion as set out in Recommendation No. R (99) 9 on the role of sport in fostering social cohesion. The Committee of Ministers considers that the main platform for further action in this area is at national level.
4. With regard to the Assembly’s view regarding possible amendment of Article 4 of the European Sports Charter (paragraph 10.i.), the Committee of Ministers does not consider it necessary to amend the European Sports Charter, as all points raised in the Recommendation are covered by the revised Charter.[25]
5. With regard to the Assembly’s proposal to address the issue of homophobia and discrimination in the preparation of the 10th Conference of European Ministers responsible for Sport (Budapest, 14-15 October 2004), the main subject of this Conference was “Good Governance in Sport”. The conclusions of the Conference on this subject are also applicable to this issue.
6. As regards the proposal to call upon National Ambassadors for Sport, Tolerance and Fair Play (paragraph 10.iii.) to include this element in their mission, the Committee of Ministers points out that this network, set up by the CDDS and currently under the Standing Committee of the Convention on Spectator Violence, has organised a series of Round Tables on Sport, Tolerance and Fair Play to which the European Gay and Lesbian Sport Federation has been invited as an observer. Thus, the network of National Ambassadors for Sport Tolerance and Fair Play considers that its activities to promote tolerance include the fight against homophobia. The Committee of Ministers notes that this is the first step taken towards this end within the mission of the National Ambassadors.
7. As regards paragraph 10.iv. of the Recommendation, it was brought to the attention of the Standing Committee of the Convention on Spectator Violence at its 24th meeting at Porto on 10-11 June 2004, which has confirmed that all spectators, irrespective of age, gender, race, religion, disability or sexual orientation should be able to attend sporting events in safety, security and comfort without discrimination. The same principles of non-discrimination, in all its forms, including sexual orientation, apply also to players. As regards the proposals at paragraph 10.iv. of the Recommendation, the Standing Committee has considered that this issue is included in its programme on fighting discrimination, for example in its work on sport, tolerance and fair play.
Appendix 11
(Item 10.1)
Specific terms of reference of the Committee of Legal Advisers on Public International Law (CAHDI)
1. Name of Committee:
Committee of Legal Advisers on Public International Law (CAHDI)
2. Type of Committee:
Ad hoc Committee of Experts
3. Source of terms of reference:
Committee of Ministers
4. Terms of reference:
Under the authority of the Committee of Ministers, the Committee is instructed to examine questions of public international law, to exchange and, if appropriate, to coordinate the views of member states at the request of the Committee of Ministers, Steering Committees and Ad Hoc Committees and at its own initiative.
5. Membership of the Committee:
a. The Committee is composed of experts appointed by member states, preferably chosen among the Legal Advisers to the Ministries of Foreign Affairs. Travel and subsistence expenses of one expert per member state (two for the state assuming the Chair of the Committee) are borne by the Council of Europe budget.
b. The European Community may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses.
c. The following observers with the Council of Europe may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses:
- Canada;
- Holy See;
- Japan;
- Mexico;
- United States of America.
d. The following observers with the Committee may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:
- Australia;
- Israel[26];
- New Zealand;
- The Hague Conference on Private International Law;
- The North Atlantic Treaty Organisation (NATO)[27];
- The Organisation for Economic Co-operation and Development (OECD);
- The United Nations and its specialised agencies[28];
- International Committee of Red Cross (ICRC);
- European Organisation for Nuclear Research (CERN)[29];
- International Criminal Police Organisation (INTERPOL).
6. Structures and working methods:
The CAHDI may set up working groups and have recourse to consultant experts.
7. Duration:
The present terms of reference expire on 31 December 2006.
Appendix 12
(Item 11.1a)
Resolution Res(2004)12
concerning the financial statements of the General Budget of the Council of Europe
for the year ended 31 December 2003
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe,
Having regard to Article 79 of the Financial Regulations;
Having regard to the opinion of the Board of Auditors (CM(2004)124, page 5);
Having regard to the report of the Board of Auditors (CM(2004)127);
Having regard to the financial statements of the Council of Europe for the year ended 31 December 2003,
as presented by the Secretary General;
Having regard to the decision of the Ministers’ Deputies at their 805th meeting on 17 July 2002 (CM/Del/Dec(2002)805, item 2.3),
Resolves as follows:
1. The financial statements of the Council of Europe for the year ended 31 December 2003, as presented by the Secretary General, are approved;
2. The following unexpended appropriations for the financial year 2003 as shown in the budgetary management accounts presented by the Secretary General, are cancelled:
|
€ |
|||
|
- Ordinary Budget |
3 171 766.85 |
(pages 47-98) |
|
|
- Subsidiary and Service Budgets |
634 258.40 |
(pages 101-112) |
|
|
- Activities carried over from 2002 |
0.00 |
||
|
- Extraordinary Budget |
30.13 |
(page 117) |
|
|
- Pensions Budget |
910 117.30 |
(pages 122-123) |
|
|
- Budget of the European Youth Foundation |
15 942.36 |
(page 128) |
|
3. The Secretary General is hereby discharged from financial responsibility in respect of the financial year 2003;
4. Approval is hereby given to the transfer of the credit balance of the Ordinary Budget of € 2 325 394 for the year ended 31 December 2003 to a suspense account, pending its allocation as a receipt, to the Ordinary Budget of 2005;
5. Approval is hereby given to the transfer of the unexpended appropriation of € 2 081 023 on Part I of the Pensions Budget for 2003 to the Pension Reserve Fund;
6. Approval is hereby given to the transfer of the balance of € 32 467 of the 2003 budget of the European Youth Foundation to the 2004 budget of the Foundation;
7. Approval is hereby given to the apportionment among the member states, in accordance with the Appendices to this Resolution, of the surpluses for the financial year 2003, namely:
€
- Surplus of the Extraordinary Budget 10 146.32
- Surplus of the Pensions Budget (Part II) 89.96
8. The share due to each state of the surplus of the following budgets:
- Extraordinary Budget
- Pensions Budget (Part II)
will be applied to meet any additional contributions for which states may become liable, should supplementary appropriations be granted in the 2004 budgets. Any part of the said share remaining will be considered as an advance on its contributions for 2005. Any financing deficit would be regularised by an additional call for contributions at the same time as the call for contributions for 2005.
Appendix 1 to Resolution Res(2004)12
Apportionment among member states of the surplus of the Extraordinary Budget
for the financial year 2003, the unexpended appropriations allocated according to the scales
adopted for each head, and the financial result pro-rata budgeted expenditure on each head.
Appendix 2 to Resolution Res(2004)12
Apportionment among member states of the surplus of Part II of the Pension Budget for the financial year 2003
Appendix 13
(Item 11.1b)
Resolution Res(2004)13
concerning the financial statements of the Partial Agreement
in the Social and Public Health Field
for the year ended 31 December 2003
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe, and with membership restricted to the Representatives of the States members in 2003 of the Partial Agreement in the Social and Public Health Field,[30]
Having regard to Article 79 of the Financial Regulations;
Having regard to the opinion of the Board of Auditors (CM(2004)124, page 5);
Having regard to the report of the Board of Auditors (CM(2004)127);
Having regard to the financial statements of the Partial Agreement in the Social and Public Health Field for the year ended 31 December 2003, as presented by the Secretary General,
Resolves as follows:
1. The financial statements of the Partial Agreement in the Social and Public Health Field for the year ended 31 December 2003 (CM(2004)124, pages 129-136), presented by the Secretary General, are approved;
2. The unexpended appropriations for the financial year 2003 amounting to € 123 308,39, as shown in the budgetary management accounts (CM(2004)124, pages 135-136) presented by the Secretary General, are cancelled;
3. The Secretary General is hereby discharged from financial responsibility in respect of the financial year 2003;
4. Approval is hereby given to the apportionment of the amount of € 122 308.39 among the member states as indicated in the Appendix to this Resolution;
5. The share of the surplus of the Partial Agreement in the Social and Public Health Field budget due to each state will be applied to meet any additional contributions for which states may become liable, should supplementary appropriations be granted in the 2004 budget, any part of the share that remains being considered as an advance on its contributions for 2005.
Appendix to Resolution Res(2004)13
Apportionment among member states of the surplus of the Budget of the Partial Agreement in the Social and Public Health Field for the financial year 2003
Appendix 14
(Item 11.1c)
Resolution Res(2004)14
concerning the financial statements of the European Pharmacopoeia
for the year ended 31 December 2003
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe, and with membership restricted to the Representatives of the States Parties in 2003 to the Convention on the elaboration of a European Pharmacopoeia,[31]
Having regard to Article 79 of the Financial Regulations;
Having regard to the opinion of the Board of Auditors (CM(2004)124, page 5);
Having regard to the report of the Board of Auditors (CM(2004)127);
Having regard to the financial statements of the European Pharmacopoeia for the year ended
31 December 2003, as presented by the Secretary General;
Having regard to Resolution (91) 18 on the European Pharmacopoeia for 1991;
Having regard to Resolution (97) 48 on the European Pharmacopoeia - 1998 Budget;
Having regard to the Secretariat’s proposals to finance the future accommodation requirements of the European Pharmacopoeia, and the Budget Committee’s recommendations thereon (CM(2000)153),
Resolves as follows:
1. The financial statements of the European Pharmacopoeia for the year ended 31 December 2003 (CM(2004)124, pages 137-144) presented by the Secretary General, are approved;
2. The unexpended appropriations on the main budget of the European Pharmacopoeia for the financial year 2003 amounting to € 240 444.25, as shown in the budgetary management accounts (CM(2004)124, pages 143-144) presented by the Secretary General, are cancelled;
3. The excess receipts from the sale of reference substances under sub-head 9999145 of the main budget of the European Pharmacopoeia for 2003, amounting to € 4 503 656.23 shall be transferred as income to the Special Account “New Building EDQM”;
4. The balance of € 1 867 287.99 on the 2003 subsidiary budget “Biological Standardisation Programme” (CM(2004)124, page 145) is hereby transferred to the 2004 subsidiary budget;
5. The balance of € 13 105 628.98 on the 2003 subsidiary budget “Publications, Development, Certification and Conferences” (CM(2004)124, page 149) is hereby transferred to the 2004 subsidiary budget;
6. The Secretary General is hereby discharged from financial responsibility in respect of the financial year 2003;
7. Approval is hereby given to the apportionment of the amount of € 240 793.33 among the member states as indicated in the Appendix to this Resolution;
8. The share of the surplus of the main European Pharmacopoeia budget due to each state will be applied to meet any additional contributions for which states may become liable, should supplementary appropriations be granted in the 2004 budget, any part of the share that remains being considered as an advance on its contributions for 2005.
Appendix to Resolution Res(2004)14
Apportionment among member and non-member states of the financial result of the Budget of the European Pharmacopoeia for the financial year 2003
Appendix 15
(Item 11.1d)
Resolution Res(2004)15
concerning the financial statements of the Partial Agreement
on the Council of Europe Development Bank
for the year ended 31 December 2003
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe, and with membership restricted to the Representatives of the States members in 2003 of the Partial Agreement on the Council of Europe Development Bank,[32]
Having regard to Article 79 of the Financial Regulations;
Having regard to the opinion of the Board of Auditors (CM(2004)124, page 5);
Having regard to the report of the Board of Auditors (CM(2004)127);
Having regard to the financial statements of the Partial Agreement on the Council of Europe Development Bank for the year ended 31 December 2003, as presented by the Secretary General,
Resolves as follows:
1. The financial statements of the Partial Agreement on the Council of Europe Development Bank for the year ended 31 December 2003 (CM(2004)124, pages 162-169), presented by the Secretary General, are approved;
2. The unexpended appropriations for the financial year 2003 amounting to € 127 285,89, as shown in the budgetary management accounts (CM(2004)124, pages 168-169) presented by the Secretary General, are cancelled;
3. The Secretary General is hereby discharged from financial responsibility in respect of the financial year 2003;
4. Approval is hereby given to the apportionment of the amount of € 127 285.89 among the member states as indicated in the Appendix to this Resolution;
5. The share of the surplus of the Partial Agreement on the Council of Europe Development Bank budget due to each state will be applied to meet any additional contributions for which states may become liable, should supplementary appropriations be granted in the 2004 budget, any part of the share that remains being considered as an advance on its contributions for 2005.
Appendix to Resolution Res(2004)15
Apportionment among member states of the surplus of the Budget of the Partial Agreement on the Council of Europe Development Bank for the financial year 2003
Appendix 16
(Item 11.1e)
Resolution Res(2004)16
concerning the financial statements of the Partial Agreement
on the Cooperation Group to combat
drug abuse and illicit trafficking in drugs (Pompidou Group)
for the year ended 31 December 2003
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe, and with membership restricted to the Representatives of the States members in 2003 of the Partial Agreement on the Cooperation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group),[33]
Having regard to Article 79 of the Financial Regulations;
Having regard to the opinion of the Board of Auditors (CM(2004)124, page 5);
Having regard to the report of the Board of Auditors (CM(2004)127);
Having regard to the financial statements of the Partial Agreement on the Cooperation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group) for the year ended 31 December 2003 as presented by the Secretary General,
Resolves as follows:
1. The financial statements of the Partial Agreement on the Cooperation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group) for the year ended 31 December 2003 (CM(2004)124, pages 170‑177), presented by the Secretary General, are approved;
2. The unexpended appropriations for the financial year 2003 amounting to € 25 256.42, as shown in the budgetary management accounts (CM(2004)124, pages 175-177) presented by the Secretary General, are cancelled;
3. The Secretary General is hereby discharged from financial responsibility in respect of the financial year 2003;
4. Approval is hereby given to the apportionment of the amount of € 26 799.53 among the member states as indicated in the Appendix to this Resolution;
5. The share of the surplus of the Partial Agreement on the Cooperation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group) budget due to each state will be applied to meet any additional contributions for which states may become liable, should supplementary appropriations be granted in the 2004 budget, any part of the share that remains being considered as an advance on its contributions for 2005.
Appendix to Resolution Res(2004)16
Apportionment among member states of the surplus of the Budget of the Partial Agreement on the Cooperation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group) for the financial year 2003
Appendix 17
(Item 11.1f)
Resolution Res(2004)17
concerning the financial statements of the Partial Agreement
on the Cooperation Group for the prevention of,
protection against, and organisation of relief in
major natural and technological disasters
for the year ended 31 December 2003
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe, and with membership restricted to the Representatives of the States members in 2003 of the Partial Agreement on the Cooperation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters,[34]
Having regard to Article 79 of the Financial Regulations;
Having regard to the opinion of the Board of Auditors (CM(2004)124, page 5);
Having regard to the report of the Board of Auditors (CM(2004)127);
Having regard to the financial statements of the Partial Agreement on the Cooperation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters for the year ended 31 December 2003, as presented by the Secretary General,
Resolves as follows:
1. The financial statements of the Partial Agreement on the Cooperation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters for the year ended 31 December 2003 (CM(2004)124, pages 178-185), presented by the Secretary General, are approved;
2. The unexpended appropriations for the financial year 2003 amounting to € 110 230.47 as shown in the budgetary management accounts (CM(2004)124, pages 183-185) presented by the Secretary General, are cancelled;
3. The Secretary General is hereby discharged from financial responsibility in respect of the financial year 2003;
4. Approval is hereby given to the apportionment of the amount of € 110 230.47 among the member states as indicated in the Appendix to this Resolution;
5. The share of the surplus of the Partial Agreement on the Cooperation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters budget due to each state will be applied to meet any additional contributions for which states may become liable, should supplementary appropriations be granted in the 2004 budget, any part of the share that remains being considered as an advance on its contributions for 2005.
Appendix to Resolution Res(2004)17
Apportionment among member and non-member states of the surplus of the Budget of the Partial Agreement on the Cooperation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters for the financial year 2003
Appendix 18
(Item 11.1g)
Resolution Res(2004)18
concerning the financial statements of the Enlarged Agreement
on the European Commission for Democracy through Law (Venice Commission)
for the year ended 31 December 2003
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe,
Having regard to Article 79 of the Financial Regulations;
Having regard to the opinion of the Board of Auditors (CM(2004)124, page 5);
Having regard to the report of the Board of Auditors (CM(2004)127);
Having regard to the financial statements of the Enlarged Agreement on the European Commission for Democracy through Law (Venice Commission) for the year ended 31 December 2003, as presented by the Secretary General,
Resolves as follows:
1. The financial statements of the Enlarged Agreement on the European Commission for Democracy through Law (Venice Commission) for the year ended 31 December 2003 (CM(2004)124, pages 186-193), presented by the Secretary General, are approved;
2. The unexpended appropriations for the financial year 2003 amounting to € 38 438.74, as shown in the budgetary management accounts (CM(2004)124, pages 191-193) presented by the Secretary General, are cancelled;
3. The Secretary General is hereby discharged from financial responsibility in respect of the financial year 2003;
4. Approval is hereby given to the apportionment of the amount of € 42 018.24, representing the surplus for the financial year 2003, among the member states as indicated in the Appendix to this Resolution;
5. The share of the surplus of the Enlarged Agreement on the European Commission for Democracy through Law (Venice Commission) budget due to each state will be applied to meet any additional contributions for which states may become liable, should supplementary appropriations be granted in the 2004 budget, any part of the share that remains being considered as an advance on its contributions for 2005.
Appendix to Resolution Res(2004)18
Apportionment among member states of the surplus of the Budget of the Enlarged Agreement on the European Commission for Democracy through Law (Venice Commission) for the financial year 2003
Appendix 19
(Item 11.1h)
Resolution Res(2004)19
concerning the financial statements of the Partial Agreement
on the Youth Card
for the year ended 31 December 2003
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe, and with membership restricted to the Representatives of the States members in 2003 of the Partial Agreement on the Youth Card,[35]
Having regard to Article 79 of the Financial Regulations;
Having regard to the opinion of the Board of Auditors (CM(2004)124, page 5);
Having regard to the report of the Board of Auditors (CM(2004)127);
Having regard to the financial statements of the Partial Agreement on the Youth Card for the year ended
31 December 2003, as presented by the Secretary General,
Resolves as follows:
1. The financial statements of the Partial Agreement on the Youth Card for the year ended 31 December 2003 (CM(2004)124, pages 194-200), presented by the Secretary General, are approved;
2. The unexpended appropriations for the financial year 2003 amounting to € 2 556.18, as shown in the budgetary management accounts (CM(2004)124, page 200) presented by the Secretary General, are cancelled;
3. The Secretary General is hereby discharged from financial responsibility in respect of the financial year 2003;
4. Approval is hereby given to the apportionment of the amount of € 2 556.18 among the member states as indicated in the Appendix to this Resolution;
5. The share of the surplus of the Partial Agreement on the Youth Card budget due to each state will be applied to meet any additional contributions for which states may become liable, should supplementary appropriations be granted in the 2004 budget, any part of the share that remains being considered as an advance on its contributions for 2005.
Appendix to Resolution Res(2004)19
Apportionment among member states of the surplus of the Budget of the Partial Agreement on the Youth Card for the financial year 2003
Appendix 20
(Item 11.1i)
Resolution Res(2004)20
concerning the financial statements of the Enlarged Partial Agreement
establishing the European Centre for Modern Languages (Graz)
for the year ended 31 December 2003
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe, and with membership restricted to the Representatives of the States members in 2003 of the Enlarged Partial Agreement establishing the European Centre for Modern Languages (Graz),[36]
Having regard to Article 79 of the Financial Regulations;
Having regard to the opinion of the Board of Auditors (CM(2004)124, page 5);
Having regard to the report of the Board of Auditors (CM(2004)127);
Having regard to the financial statements of the Enlarged Partial Agreement establishing the European Centre for Modern Languages (Graz) for the year ended 31 December 2003, as presented by the Secretary General,
Resolves as follows:
1. The financial statements of the Enlarged Partial Agreement establishing the European Centre for Modern Languages (Graz) for the year ended 31 December 2003 (CM(2004)124, pages 202-208), presented by the Secretary General, are approved;
2. The unexpended appropriations for the financial year 2003 amounting to € 19 933.35, as shown in the budgetary management accounts (CM(2004)124, pages 206-208) presented by the Secretary General, are cancelled;
3. The Secretary General is hereby discharged from financial responsibility in respect of the financial year 2003;
4. The balance of € 21 251.12 of the budget of the Enlarged Partial Agreement establishing the European Centre for Modern Languages (Graz) for the financial year 2003 is transferred to the programme account of the Centre.
Appendix 21
(Item 11.1j)
Resolution Res(2004)21
concerning the financial statements of the Enlarged Partial Agreement
on the "Group of States against Corruption - GRECO"
for the year ended 31 December 2003
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 16 of the Statute of Council of Europe, and with membership restricted to the Representatives of the States members in 2003 of the Enlarged Partial Agreement on the "Group of States against Corruption - GRECO",[37]
Having regard to Article 79 of the Financial Regulations;
Having regard to the opinion of the Board of Auditors (CM(2004)124, page 5);
Having regard to the report of the Board of Auditors (CM(2004)127);
Having regard to Resolution (99) 5 establishing the "Group of States against Corruption - GRECO";
Having regard to the financial statements of the Enlarged Partial Agreement on the "Group of States against Corruption - GRECO" for the year ended 31 December 2003, as presented by the Secretary General;
Having regard to the Resolution GRECO-CS(2004)1 issued by the Statutory Committee on the Partial Agreement,
Resolves as follows:
The Secretary General is hereby discharged from financial responsibility in respect of the financial year 2003.
Appendix 22
(Item 11.2)
Resolution Res(2004)22
concerning the financial statements of the Partial Agreement
establishing the European Centre for Global Interdependence and Solidarity
for the year ended 31 December 2003
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe, with its composition limited to the Representatives of the states which were members in 2003 of the European Centre for Global Interdependence and Solidarity[38],
Having regard to Article 79 of the Financial Regulations of the Council of Europe;
Having regard to the financial statements of the Partial Agreement of the European Centre for Global Interdependence and Solidarity for the year ended 31 December 2003, submitted by the Secretary General (CM(2004)125);
Having regard to the decision taken by the Committee of Ministers at the 456th meeting of the Ministers’ Deputies (April 1991, item 20) to submit the financial statements of the Centre for approval to the meeting of Representatives of the members of the Centre;
Having regard to the opinion of the Board of Auditors (CM(2004)125, page 6);
Having regard to the report of the Board of Auditors (CM(2004)127);
Having regard to Resolution MS/NS(2004)ACC 1 of the meeting of Representatives of members of the Centre regarding the 2003 financial statements,
Resolves as follows:
Single article
Discharge is hereby given to the Secretary General in respect of his management of the Partial Agreement establishing the European Centre for Global Interdependence and Solidarity for the year from 1 January to 31 December 2003.
Appendix 23
(Item 11.3)
Resolution Res(2004)23
concerning the financial statements of the Partial Agreement of the
European Support Fund for the co-production and distribution of creative
cinematographic and audiovisual works "Eurimages" for the year ended 31 December 2003
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe, and with its composition limited to the Representatives of the states which were party in 2003 to the Partial Agreement of the European Support Fund for the co-production and distribution of creative cinematographic and audiovisual works "Eurimages",[39]
Having regard to Articles 1, 2 and 3 of the Financial Regulations of the "Eurimages" Fund;
Having regard to Article 79 of the Financial Regulations of the Council of Europe;
Having regard to the financial statements of the Partial Agreement of the European Support Fund for the co-production and distribution of creative cinematographic and audiovisual works "Eurimages" for the year ended 31 December 2003, presented by the Secretary General (CM(2004)126);
Having regard to the opinion of the Board of Auditors (CM(2004)126, page 4);
Having regard to the report of the Board of Auditors (CM(2004)127);
Having regard to the decisions taken by the Board of Management, at its 91st meeting from 4 to 6 October 2004 concerning the presentation of the 2003 financial statements,
Resolves as follows:
Article 1
Discharge is hereby given to the Secretary General in respect of his management of the Partial Agreement
of the European Support Fund for the co-production and distribution of creative cinematographic and
audiovisual works "Eurimages" for the financial year from 1 January to 31 December 2003.
Article 2
The cumulative surplus of € 14 135 966 as at 31 December 2003 is allocated to the financial year 2004.
Appendix 24
(Item 11.4)
Resolution Res(2004)24
concerning the European Pharmacopoeia
Budget 2004
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe, and with membership restricted to the Representatives of the states parties to the Convention on the Elaboration of the European Pharmacopoeia1,
Having regard to Articles 5, 11, 19, 21 and 26 of the Financial Regulations;
Having regard to Resolution Res(2003)35 of 26 November 2003 approving the budget of the European Pharmacopoeia for 2004;
Having regard to the opinion of the Budget Committee in its September 2004 meeting report (document CM(2004)172);
Considering that the appropriations entered in the 2004 budget of the European Pharmacopoeia call for amendment,
Resolves as follows:
The Budget of the European Pharmacopoeia for 2004 is amended according to the table at the Appendix to the present Resolution.
Appendix to Resolution Res (2004)24
Appendix 25
(Item 12.1)
Reply to Recommendation 105 (2001) of the Congress of Local and Regional Authorities of the Council of Europe on Linguistic Diversity: A Challenge for European Cities and Regions
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers’ Deputies)
1. The Committee of Ministers has taken note with interest of the Congress Recommendation 105 (2001) on Linguistic Diversity: A Challenge for European Cities and Regions and, in accordance with established practice, has brought it to the attention of the governments of the Council of Europe member states, given that the major part of the Congress recommendations are addressed to national authorities.
2. The Committee of Ministers welcomes the fact that the Congress has established appropriate cooperation links with those European Union structures which deal with matters of local and regional governance.
3. The Committee of Ministers welcomes the main policy lines proposed in Recommendation 105 (2001). It notes in particular the strong support for the successful work of the Steering Committee for Education (CD-ED) in developing common European standards for language curricula and examinations in Europe and for its initiatives to promote increased diversity in the range of languages on offer in education systems.
4. The Committee notes with satisfaction that the Common European Framework of Reference for Languages (para. 5b and para. 7c.ii) developed within the programme of the Language Policy Division is now widely used by member states in setting curriculum and examination standards. Its six levels of proficiency have also been adopted by the European Union as a basis for the transparency and comparison of language skills and are included in the standard Curriculum Vitae under development by the European Union. It further notes that a related instrument not referred to in the Recommendation - the European Language Portfolio – is a practical tool for enabling language learners to fully understand and use the system of proficiency levels in planning and assessing their learning and also for presenting their achievements in an internationally transparent manner.
5. The Committee of Ministers supports the encouragement in the Recommendation to promote more diversified language learning, and draws attention to its recent initiatives in this regard, notably the “Guide for Language Policies in Europe” and the Language Education Policy Profile activity which aims to provide member states with expert assistance in reviewing and planning policies for diversification.
6. The Committee of Ministers notes with satisfaction that the Recommendation’s goals are further implemented through the programmes (workshops and networks) of the European Centre for Modern Languages (para. 5d), which aims to enhance quality and support innovation in language teaching in the thirty-three member states that have adhered to the Enlarged Partial Agreement.
7. It is recalled that, subsequent to the Rovinj conference which provided the basis for Recommendation 105 (2001), the main aims of the European Year of Languages (para. 5c) are now perpetuated through the European Day of Languages celebrated on 26 September each year in accordance with the decision of the Committee of Ministers (776th meeting - 6 December 2001) in its reply to the Parliamentary Assembly Recommendation 1539 (2001) on the European Year of Languages.
8. It should be noted that it is CD-ED policy to promote a global approach to language education whereby education systems take into account that all languages (“mother tongue”/“national language” as well as “foreign languages”) can contribute in a unique but inter-related and coherent manner to the development of the plurilingual repertoire of each citizen. In practice this approach means that in addition to the development of a high level of proficiency in the official language(s), several foreign languages can be learned for different purposes and therefore to different levels of proficiency (para. 7c.v), and the languages of immigrants or foreign residents (para. 7a) can be acknowledged and wherever possible supported. The development of plurilingualism implies also that geographical factors be taken into consideration and consequently that competence in the language(s) of neighbouring countries (para. 7c.vi) is an important part of the plurilingual repertoire of citizens.
9. The Committee of Ministers encourages further development of cooperation between its Steering Committee on Education and the Congress in the formulation of language education policies for increasingly multilingual and multicultural cities and regions.
10. As regards the cooperation between the intergovernmental bodies in charge of education and culture and those in charge of local and regional democracy, the Committee of Ministers wishes to recall that the Committee of Experts on Transfrontier Cooperation (LR-CT) is conducting an activity on the learning of the language of the neighbouring country. Based on requests that emerged in the course of several years’ work at transfrontier level and following extensive consultations of expert institutions, a draft recommendation has been prepared which draws extensively on the work done in the framework of the “modern languages” project of DGIV[40] and the activities implemented through the Partial Agreement on Modern Languages (Graz Centre). The LR-CT is expected to finish its work in 2004.
11. The Committee of Ministers notes the clear recognition the Congress gives to the need to preserve and protect the linguistic cultural heritage of Europe, and in particular welcomes the emphasis it puts on the European Charter for Regional or Minority Languages. The Committee of Experts set up under this treaty is working steadily to evaluate the application of the Charter in the existing States Parties. At present the Charter has been ratified by some 17 states and 13 other states have signed it. While there has not been an increased momentum of ratifications in the past year (2003), it should be noted that a number of states are presently close to ratification. Other member states of the Council of Europe could initiate this process.
+ There were no decisions under this item
[1] Albania, Armenia, Austria, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Turkey and United Kingdom.
[2] See also CM/AS(2004)Rec1645-final.
[3] See also CM/AS(2004)Rec1634-final.
[4] See also CM/Cong(2004)Rec128-final.
[5] See also CM/AS(2004)Rec1635-final.
[6] States concerned: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland and United Kingdom.
[7] States concerned: Austria, Belgium, Bosnia and Herzegovina, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Luxembourg, Netherlands, Norway, Portugal, Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia", Turkey and United Kingdom.
[8] States concerned: Albania, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia" and Turkey.
[9] States concerned: Austria, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Russian Federation, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and United Kingdom.
[10] States concerned: Albania, Armenia, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, France, Georgia, Greece, Luxembourg, Malta, Moldova, Portugal, Romania, Russian Federation, San Marino, Spain, "the former Yugoslav Republic of Macedonia", Turkey and Ukraine.
[11] States concerned: Austria, Croatia, Cyprus, Finland, France, Hungary, Ireland, Italy, Luxembourg, Malta, Netherlands, Portugal, San Marino, Serbia and Montenegro, Spain and Switzerland.
[12] States concerned: Albania, Andorra, Armenia, Austria, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia" and United Kingdom.
[13] States concerned: Albania, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Latvia, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden, "the former Yugoslav Republic of Macedonia" and United Kingdom.
[14] States concerned: Cyprus, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Portugal, San Marino, Slovenia, Spain, Sweden and Switzerland.
[15] States concerned: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, “the former Yugoslav Republic of Macedonia” and Turkey.
[16] States concerned: Austria, Belgium, Bosnia and Herzegovina, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Portugal, Romania, Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia", Turkey and United Kingdom.
[17] See also CM/Cong(2004)Rec105-final.
[18] Albania, Armenia, Austria, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Turkey and United Kingdom.
[19] In the context of adopting Resolution No. R (97) 10 on 17 September 1997, the Committee of Ministers also adopted the following rule: “Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention shall be considered to be adopted if two-thirds of the representatives of the Contracting Parties casting a vote, including a majority of the representatives of the Contracting Parties entitled to sit on the Committee of Ministers, vote in favour”.
[20] See Appendix to this reply.
[21] Appended to this Recommendation.
[22] Bearing in mind the principles of the European Charter on Regional or Minority Languages (CETS No. 148).
[23] See for example Recommendation No. R (90) 7 of the Committee of Ministers of the Council of Europe concerning information and counselling for young people in Europe, adopted on 21 February 1990.
[24] See for example the European Youth Information Charter adopted by the European Youth Information and Counselling Agency (ERYICA).
[25] See Recommendation No. R (92) 13 revised adopted by the Committee of Ministers on 16 May 2001.
[26]Admitted as observer “for the whole duration of the Committee” by the CAHDI, March 1998. The same is valid for subordinated committees. Decision confirmed by the Committee of Ministers (CM/Del/Dec(99)670/10.2 and CM(99)57, para.D15).
[27] See CM/Del/Dec/Act(93)488/29 and CM/Del/Concl(92)480/3.
[28] For specific items at the Committee’s request.
[29] For specific items at the CERN’s request and subject to the Chair’s approval.
[30] States concerned: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland and United Kingdom.
[31] States concerned: Austria, Belgium, Bosnia and Herzegovina, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Luxembourg, Netherlands, Norway, Portugal, Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia", Turkey and United Kingdom.
[32] States concerned: Albania, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia" and Turkey.
[33] States concerned: Austria, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Russian Federation, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and United Kingdom.
[34] States concerned: Albania, Armenia, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, France, Georgia, Greece, Luxembourg, Malta, Moldova, Portugal, Romania, Russian Federation, San Marino, Spain, "the former Yugoslav Republic of Macedonia", Turkey and Ukraine.
[35] States concerned: Austria, Croatia, Cyprus, Finland, France, Hungary, Ireland, Italy, Luxembourg, Malta, Netherlands, Portugal, San Marino, Serbia and Montenegro, Spain and Switzerland.
[36] States concerned: Albania, Andorra, Armenia, Austria, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia" and United Kingdom.
[37] States concerned: Albania, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Latvia, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden, "the former Yugoslav Republic of Macedonia" and United Kingdom.
[38] States concerned: Cyprus, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Portugal, San Marino, Slovenia, Spain, Sweden and Switzerland.
[39] States concerned: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia" and Turkey.
1 States concerned: Austria, Belgium, Bosnia and Herzegovina, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Portugal, Romania, Serbia and Montenegro, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia", Turkey and United Kingdom.
[40] Directorate General IV – Education, Culture and Heritage, Youth and Sport.