Ministers’ Deputies

Decisions

CM/Del/Dec(2013)1168     11 April 2013

 

1168th meeting, 10 April 2013

Decisions adopted

 

CONTENTS

Page

            List of those present .................................................................................................................. 6

            Introduction................................................................................................................................. 9

1. General questions

           

1.1        Adoption of the agenda............................................................................................................... 9

           

1.2        Preparation of forthcoming meetings........................................................................................... 9

           

1.3        Dialogue with the Secretary General and the Deputy Secretary General.......................................... 9

           

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

1.5        123rd Session of the Committee of Ministers (Strasbourg, 16 May 2013) – Preparation................... ⁺

2. Democracy and political questions

           

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

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

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

2.3        17th meeting of the Co-ordination Group between the Council of Europe and the OSCE

            (Strasbourg, 5 April 2013) – Follow-up........................................................................................ 10

3. Parliamentary Assembly

3.1        Communication by the Secretary General of the Parliamentary Assembly on the preparation of
the 2nd part of the 2013 Session (Strasbourg, 22-26 April 2013) and other Assembly activities........ ⁺

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

            a. Written Question No. 623 by Mr Alexey Pushkov: “Lithuanian authorities retain Russian
minors on their territory”............................................................................................................. 10

            b. Written Question No. 628 by Mr Andrej Hunko: “Non-conformity of Greece with the European Social Charter”            11

4. Human rights

4.1        Abolition of the death penalty in all member States of the Council of Europe............................... 11

4.2        European Social Charter –

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

            of the collective complaints procedure – European Roma Rights Centre (ERRC) against Portugal, Complaint No. 61/2010      12

4.3        Brighton Declaration – Follow-up –

            Steering Committee for Human Rights – Draft Protocol No. 16 to the Convention for the

            Protection of Human Rights and Fundamental Freedoms and Explanatory Report thereto............. 12

4.4        “Ensuring the viability of the Strasbourg: Court structural deficiencies in States Parties” – Parliamentary Assembly Recommendation 2007 (2013)..................................................................................... 13

Page

5. Media

5.1        Implementation of the Declaration of the Committee of Ministers on measures to promote the

            respect of Article 10 of the European Convention on Human Rights – Secretary General’s report... 13

7. Education and culture

           

7.1        10th Council of Europe Conference of Ministers of Culture (Moscow, 15-16 April 2013) – Observations by the Committee of Ministers according to paragraph 12 of
Resolution CM/Res(2011)7......................................................................................................... 13

7.2        24th session of the Council of Europe Standing Conference of Ministers of Education (Helsinki,

            26-27 April 2013) – Observations by the Committee of Ministers according to paragraph 12 of

            Resolution CM/Res(2011)7......................................................................................................... 13

10. Legal questions

10.1      Committee of Experts on the Evaluation of anti-money laundering measures and the financing of terrorism (MONEYVAL)

            a. Exchange of views with Mr Vladimir Nechaev, Chairman of MONEYVAL..................................... +

            b. Annual report for 2012........................................................................................................... 14

10.2      Review of Council of Europe conventions – Report by the Secretary General............................... 14

11. Administration and logistics

11.1      Financial arrangements for the participation of non-member States in Council of Europe

            conventions.............................................................................................................................. 16

11.2      Council of Europe Progress Review Report 2012........................................................................ 17

11.3      Special accounts – Situation at 31 December 2012...................................................................... 17

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

12.1      24th plenary session of the Congress (Strasbourg, 19-21 March 2013) – Texts adopted................ 17

APPENDICES

APPENDIX 1                 1168th meeting of the Ministers' Deputies

(Item 1.1)                      (Strasbourg, 10 (10 a.m.) April 2013)

                                    Agenda............................................................................................................. 19

APPENDIX 2                 1170th meeting of the Ministers' Deputies

(Item 1.2)                      (Strasbourg, 7 (10 a.m.) May 2013)

                                    Draft Agenda.................................................................................................... 22

APPENDIX 3                 1171st meeting of the Ministers' Deputies

(Item 1.2)                      (Strasbourg, 29 (10 a.m.) May 2013)

                                    Draft Agenda.................................................................................................... 24

APPENDIX 4                 Reply to Written Question No. 623 to the Committee of Ministers by Mr

(Item 3.2a)                     Alexey Pushkov: “Lithuanian authorities retain Russian minors on their territory”.... 26

Page

APPENDIX 5                 Reply to Written Question No. 628 to the Committee of Ministers by

(Item 3.2b)                    Mr Andrej Hunko: “Non-conformity of Greece with the European Social Charter”.... 27

APPENDIX 6                 Resolution CM/ResChS(2013)7

(Item 4.2)                      Collective Complaint No. 61/2010

                                    by the European Roma Rights Centre (ERRC) against Portugal............................ 28

APPENDIX 7                 Reply to Parliamentary Assembly Recommendation 2007 (2013) on “Ensuring the

(Item 4.4)                      viability of the Strasbourg Court: structural deficiencies in States Parties”............ 32

APPENDIX 8                 Resolution CM/Res(2013)7

(Item 11.1)                     concerning financial arrangements for the participation of non-member States in

                                    Council of Europe conventions.......................................................................... 34

The 1168th meeting of the Ministers’ Deputies opened on 10 April 2013 at 10.00 a.m. under the chairmanship of Mr J. Dallerès, Deputy for the Minister for Foreign Affairs of Andorra.

PRESENT

ALBANIA

Ms        M.        Gega

Mr        D.         Koreshi

ANDORRA

Mr        J.         Dallerès, Chairperson

Mr        A.         Jordi

Ms        F.         Aleix Lartigue

ARMENIA

Mr        A.         Papikyan, Vice-Chairman

Mr        S.         Kartashyan

Ms        V.         Melikyan

Ms        I.          Beglaryan

AUSTRIA

Mr        W.-L.    Strohmayer

Mr        S.         Rutkowski

AZERBAIJAN

Mr        E.         Aslanov

Mr        H.         Akhundov

BELGIUM

Mr        A.         Cools

BOSNIA AND HERZEGOVINA

Mr        A.         Săhović

Ms        L.         Ljubic-Lepine

Mr        B.         Babić

BULGARIA

Mr        A.         Tehov

Mr        A.         Ananiev

Ms        D.         Stambolova-Ivanova

CROATIA

Ms        L.         Glavaš Kovačić

Mr        I.          Mintas

CYPRUS

Ms        T.         Constantinidou

Mr        T.         Pittakis

CZECH REPUBLIC

Mr        T.         Boček

Mr        M.        Bouček

DENMARK

–

ESTONIA

Ms        G.         Rennel

Mr        P.         Pedak

FINLAND

Mr        P.         Hyvönen

Ms        L.         Liira

Ms        T.         Leikas-Botta

FRANCE

Mr        P.         Ray

Ms        M.        Bilocq

Mr        F.         Liétout

GEORGIA

Mr        I.          Giviashvili

GERMANY

Ms        V.         Wolf

Mr        M.        Klinger

GREECE

Mr        I.          Asteriadis

Ms        M.        Solomou

Mr        T.         Zafeirakos

HUNGARY

Mr        F.         Robák

Mr        V.         Garai

ICELAND

Ms        E.         Brekkan

IRELAND

Mr        P.         Gunning

Mr        R.         Scannell

Mr        J.         Moloney

ITALY

Mr        M.        Jacoangeli

Mr        G.         Cavagna

LATVIA

Ms        A.         Liepina

LIECHTENSTEIN

Mr        D.         Ospelt

LITHUANIA

Mr        G.         Šerkšnys

Ms        U.         Matulevičiené

Mr        V.         Šakalys

LUXEMBOURG

Mr        R.         Mayer

Ms        A.         Kayser-Attuil

Mr        B.         Bollendorff

MALTA

Mr        J.         Licari

Mr        A.         Ghigo

REPUBLIC OF MOLDOVA

Ms        T.         Pârvu

Mr        S.         Mihov

Mr        V.         Lapusneanu

Ms        L.         Ilieş

MONACO

Mrs       C.         Gastaud

Mr        G.         Revel

MONTENEGRO

Ms        A.         Vukadinović

Ms        D.         Markovic

NETHERLANDS

Ms        E.         Berends

Ms        K.         Adhin

NORWAY

Mr        P.         Wille

Ms        K.         Hefre

Mr        J.         Høvik

POLAND

Mr        J.         Grabowski

Mr        R.         Drzazga

Ms        E.         Suchożebrska

PORTUGAL

Mr        L.F.      Castro Mendes

Mr        P.         Neves Pocinho

ROMANIA

Mr        C.         Urse

Ms        M.        Marin

Mr        D.         Dumitrache

Mr        G.         Buliga

RUSSIAN FEDERATION

Mr        A.         Alekseev

Mr        V.         Egorov

Mr        I.          Podolskiy

Ms        M.        Molodtsova

Mr        V.         Ermakov

Mr        V.         Nevzorov

Mr        I.          Maltsev

Mr        E.         Ryzhkin

Mr        D.         Rykovskov

Mr        K.         Kosorukov

Mr        A.         Muratov

SAN MARINO

Ms        B.         Para

Ms        M.        Bovi

SERBIA

Mr        V.         Lazovic

Ms        J.         Backovic

SLOVAK REPUBLIC

Mr        D.         Štefánek

Ms        L.         Erdelská

Mr        M.        Babicz

SLOVENIA

Mr        D.         Bergant

Ms        B.         Sušnik

SPAIN

Mr        F.         Alvargonzález

Mr        P.         Jiménez Nacher

Mr        L.         Tarin Martin

SWEDEN

Mr        C.-H.     Ehrenkrona

Ms        A.         Lundkvist

SWITZERLAND

Mr        U.         Beer

“THE FORMER YUGOSLAV

REPUBLIC OF MACEDONIA”

Mr        P.         Pop-Arsov

Mr        T.         Pavloski

Mr        Z.         Barbutov

TURKEY

Mr        R.E.      Soysal

Ms        N.         Erdem-Ari

Mr        U.         Acar

Ms        E.         Demircan

Mr        I.O.       Şanlı

Mr        S.         Şahin

Mr        G.         Seker

Ms        A.         Sanli

Ms        M.M.     Şahin

Ms        F.B.      Okur

UKRAINE

Mr        D.         Podolskyi

Mr        O.         Kulikovskyi

Ms        O.         Popescu

Ms        S.         Pereverten

UNITED KINGDOM

Ms        K.         Jones

Mr        S.         Kelly

*

*        *

EUROPEAN UNION

Ms        L.         Pavan-Woolfe

Ms        K.         Markovová

Ms        D.         Candura

Mr        G.C.     Bruno

*

*        *

CANADA

–

HOLY SEE

Mgr      A.         Giordano

Mgr      S.         Ćosić

JAPAN

Mr        T.         Kikuchi

Mr        H.         Gunji

MEXICO

Mr        A.         Martinez Peralta

UNITED STATES OF AMERICA

Mr        E.         Reade

Introduction

At the start of the meeting, the Chairperson welcomed Ms Maria Molodtsova, Deputy to the Permanent Representative of the Russian Federation. He wished her a pleasant stay in Strasbourg and a successful mission within the Committee.  He then bade farewell to Ambassador Alain Cools, Permanent Representative of Belgium, Mr Vladislav Ermakov, Deputy to the Permanent Representative of the Russian Federation, and Ms Katerina Markovova, Deputy to the Head of the Delegation of the European Union.  He thanked them for their contribution to the work of the Committee.

Item 1.1

Adoption of the agenda

Decisions

The Deputies

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

7.2

24th session of the Council of Europe Standing Conference of Ministers of Education (Helsinki, 26-27 April 2013) – Observations by the Committee of Ministers according to paragraph 12 of Resolution CM/Res(2011)7

2.         taking into account the decision above, adopted the agenda of their 1168th 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 1170th meeting (7 (10 a.m.) May 2013), as it appears at Appendix 2 to the present volume of Decisions;

2.         approved the draft agenda for their 1171st meeting (29 (10 a.m.) May 2013), as it appears at Appendix 3 to the present volume of Decisions.

Item 1.3

Dialogue with the Secretary General and the Deputy Secretary General
(SG/Com(2013)1168, SG/Inf(2013)12)

Decision

The Deputies took note of the communication of the Secretary General and the Deputy Secretary General (SG/Com(2013)1168) and the exchange of views under this item.

Item 1.4

Report of the Bureau
(CM/Bur/Del(2013)8-rev)

Decisions

The Deputies

1.         approved the Bureau’s recommendations with regard to the agendas of their 1168th (10 April 2013) and 1169th (30 April 2013) meetings, as they appear in the appendix to the Bureau report;

2.         decided to entrust the function of Thematic Co-ordinator on Information Policy (TC-INF)to Ambassador Gea Rennel, Permanent Representative of Estonia;

3.         approved the Bureau’s recommendation to hold an exchange of views with the Secretary General of the OSCE at their 1175th meeting (3 July 2013);

4.         took note of the report of the meeting of the Bureau of 8 April 2013 (document CM/Bur/Del(2013)8-rev) as a whole.

Item 2.3

Co-operation between the Council of Europe and the OSCE –
17th meeting of the Co-ordination Group between the Council of Europe and the OSCE
(Strasbourg, 5 April 2013) – Follow-up
(CM/Inf(2013)12)

Decisions

The Deputies

1.         took note of the report of the Chairs, as it appears in document CM/Inf(2013)12;

2.         took note that the Co-ordination Group will meet in Vienna in Autumn 2013 to examine co‑operation in the areas of the fight against terrorism and action against trafficking in human beings.

Item 3.2a

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

a.         Written Question No. 623 by Mr Alexey Pushkov: “Lithuanian authorities retain Russian minors on their territory”

(CM/Del/Dec(2013)1160/3.2b and CM/AS(2013)Quest623-prov2corr)

Decision

The Deputies adopted the reply to Written Question No. 623 by Mr Alexey Pushkov: “Lithuanian authorities retain Russian minors on their territory”, as it appears at Appendix 4 to the present volume of Decisions.[1]

Item 3.2b

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

b.         Written Question No. 628 by Mr Andrej Hunko: “Non-conformity of Greece with the European Social Charter”

(CM/Del/Dec(2013)1166/3.2b and CM/AS(2013)Quest628-prov)

Decision

The Deputies adopted the reply to Written Question No. 628 by Mr Andrej Hunko: “Non-conformity of Greece with the European Social Charter”, as it appears at Appendix 5 to the present volume of Decisions.[2]

Item 4.1

Abolition of the death penalty in all member States of the Council of Europe

Decisions

The Deputies

1.         reiterated their strong and urgent call on the Russian Federation, as the only member State which has not yet abolished the death penalty, to take without delay all the necessary steps to transform the existing moratorium on the death penalty into de jure abolition of the death penalty and to ratify Protocol No. 6;

2.         took note of the information provided by the Russian Federation on measures taken to this effect;

3.         took note of the information provided by Poland on measures taken regarding ratification of Protocol No. 13 and regretted that the other countries concerned had not yet responded to their invitation to provide further information on measures taken regarding signature and/or ratification of this Protocol;

4.         welcomed the adoption by the United Nations General Assembly on 20 December 2012 of the fourth resolution on a moratorium on the use of the death penalty;

5.         agreed to resume consideration of this issue at one of their forthcoming meetings, but no later than October 2013, in the light of additional information to be provided on Protocol No. 6 by the Russian Federation and on Protocol No. 13 by those countries which have not yet signed or ratified this Protocol, by mid-September 2013.

Item 4.2

European Social Charter – Follow-up to the decisions of the European Committee of Social Rights (ECSR) in the context of the collective complaints procedure –
European Roma Rights Centre (ERRC) v. Portugal, Complaint No. 61/2010[3]
(Report from the European Committee of Social Rights to the Committee of Ministers and CM/Del/Dec(2012)1132/4.1b)

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,^[4] adopted Resolution CM/ResChS(2013)7, as it appears at Appendix 6 to the present volume of Decisions.

Item 4.3

Brighton Declaration – Follow-up –
Steering Committee for Human Rights

Draft Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms and Explanatory Report thereto
(CM(2013)31 and CM(2013)31-add)

Decisions

The Deputies

1.         agreed to transmit to the Parliamentary Assembly:

-           the text of draft Protocol No. 16 to the European Convention on Human Rights, for opinion,

-           the draft explanatory report thereto, for information,

as they appear in documents CM(2013)31 and CM(2013)31-add respectively;

2.         agreed also to transmit the above-mentioned documents to the European Court of Human Rights for an opinion on the draft Protocol and noted that the Secretariat will transmit the opinion of the Court to the Parliamentary Assembly for examination before the adoption of the Assembly’s own opinion.

Item 4.4

“Ensuring the viability of the Strasbourg Court: structural deficiencies in States Parties” –

Parliamentary Assembly Recommendation 2007 (2013)
(Parliamentary Assembly Recommendation 2007 (2013) and CM/AS(2013)Rec2007-prov)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 2007 (2013) on “Ensuring the viability of the Strasbourg Court: structural deficiencies in States Parties”, as it appears at Appendix 7 to the present volume of Decisions.[5]

Item 5.1

Implementation of the Declaration of the Committee of Ministers on measures to promote the respect of Article 10 of the European Convention on Human Rights –
Secretary General’s report

This item was postponed.

Item 7.1

10th Council of Europe Conference of Ministers of Culture (Moscow, 15-16 April 2013) – Observations by the Committee of Ministers according to paragraph 12 of Resolution CM/Res(2011)7
(CM/Inf(2013)17)

Decision

The Deputies agreed, in accordance with paragraph 12 of Resolution CM/Res(2011)7, to address their observations on the draft final Declaration of the 10th Council of Europe Conference of Ministers of Culture (Moscow, 15-16 April 2013) to the Secretary General and to the Steering Committee for Culture, Heritage and Landscape (CDCPP) (document CM/Inf(2013)17).

Item 7.2

24th session of the Council of Europe Standing Conference of Ministers of Education (Helsinki, 26‑27 April 2013) – Observations by the Committee of Ministers according to paragraph 12 of Resolution CM/Res(2011)7

(CM/Inf(2013)18)

Decision

The Deputies agreed, in accordance with paragraph 12 of Resolution CM/Res(2011)7, to address their observations on the draft final Declaration of the 24th session of the Council of Europe Standing Conference of Ministers of Education (Helsinki, 26-27 April 2013) to the Secretary General and to the Steering Committee on Educational Policy and Practice (CDPPE) (document CM/Inf(2013)18).

Item 10.1b

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

b.         Annual report for 2012

(CM(2013)26 and CM(2013)26-corr)

Decision

The Deputies took note of the annual report for 2012 of the Chair and Executive Secretary of the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL), as it appears in document CM(2013)26 and CM(2013)26-corr.

Item 10.2

Review of Council of Europe conventions – Report by the Secretary General

(SG/Inf(2012)12, SG/Inf(2012)12-add, CM/Del/Dec(2012)1146/1.5, GR-J(2013)CB3, GR-J(2013)5-rev3)

Decisions

While welcoming the Secretary General’s report on the review of Council of Europe conventions, the Deputies

On measures relating to the promotion of Council of Europe conventions

1.             took note with satisfaction of the initiatives taken by the Albanian and Andorran Chairmanships of the Committee of Ministers to promote certain key conventions of the Council of Europe during their chairmanship and called on the future chairmanships of the Committee of Ministers to take similar initiatives in consultation with the Secretary General;

2.             welcomed the efforts made by the Parliamentary Assembly, the Congress of Local and Regional Authorities and the Commissioner for Human Rights to promote Council of Europe conventions and invited them to continue, in particular through their dialogue with national authorities and involvement in Council of Europe campaigns;

3.             welcomed the efforts made by the Secretary General to promote Council of Europe conventions and invited him to continue, in particular:

-                      during his bilateral contacts with national authorities;

-                      by organising treaty ceremonies on the occasion of the Sessions of the Committee of Ministers, the Conferences of Ministers of Justice or other major events;

-                      by organising thematic campaigns which would include the promotion of conventions;

4.         invited the Secretary General:

-           when appropriate, to inform international organisations[6] and non-member States, when negotiations of new conventions are opened, in particular through the Council of Europe liaison offices and bilateral contacts;

-           to provide for the publication of information on the launching of negotiations on new conventions, including on the Council of Europe website;

-           to involve civil society more in activities for the promotion of Council of Europe conventions and in particular the national human rights institutions;

On measures relating to the management of Council of Europe conventions

5.         noted that the review of conventions has highlighted the links between the Council of Europe, as an institutional framework for negotiation, and the conventions concluded within it, and the need to maintain these links alive, by developing the means to gauge the impact and preserve the relevance of the conventions;

6.         noted that although a number of conventions already provide for an independent and/or intergovernmental monitoring mechanism, tasked with assessing Parties’ compliance with their obligations under the conventions, and although these mechanisms should be preserved, it is also essential to have an overview of how the conventions operate and to be able to identify the amendments needed to preserve their relevance and, if necessary, adapt them to changes;

7.         took note of the fact that the steering or ad hoc committees, on account of their terms of reference and expertise, have an overview of the conventions concluded in their area of responsibility and are, accordingly, able to assess the general functioning of a group of conventions;

8.         instructed the Secretariat to identify for each convention a steering or ad hoc committee as a reference point and agreed to refer in these committees’ future terms of reference (biennium 2014-2015) to those conventions;

9.         instructed the steering and ad hoc committees to carry out, at regular intervals, within the limits of the available resources and bearing in mind the priorities of each committee, an examination of some or all of the conventions for which they have been given responsibility, in co-operation, where appropriate, with the relevant convention-based bodies, in order to:

-           propose ways of improving the visibility, impact and efficiency of some or all of the conventions for which they have been given responsibility;

-           draw the attention of member States to the relevant conventions;

-           where necessary, identify any operational problems or obstacles to ratification of the relevant conventions, and draw the attention of member States to reservations which impact substantively on the effectiveness of their implementation;

-           encourage States to regularly examine the possibility and/or desirability of becoming a Party to new Council of Europe conventions;

-           assess the necessity or advisability of drafting amendments or additional protocols to the conventions for which they have been given responsibility or drafting supplementary conventions;

-           and to report back to the Committee of Ministers;

10.        agreed that the need to insert a monitoring clause in future conventions should be decided on a case-by-case basis and that, where necessary, this monitoring could be carried out by a new committee or by assigning this responsibility to an existing committee;

On the participation of non-member States in Council of Europe conventions

11.        took note of the important number of Council of Europe conventions opened to States which are not members of the Organisation and expressed their interest in the participation of these States in these conventions;

12.        reiterated that the opening of a Council of Europe convention to non-member States must be decided during the drafting procedure on a case-by-case basis;

13.        agreed, when participation in a convention by non-member States is envisaged during the drafting procedure, on the need to insert a provision on financial contributions from those States;

14.        agreed, where there is provision in a convention for accession by non-member States:

-           to apply the usual informal consultation procedure of the member States on the requests by non‑member States to be invited to accede to a convention and, where necessary as a result of this consultation, to seek the opinion of the competent committees, in particular regarding the requesting State's capacity to fulfil the obligations arising under the convention in question;

-           to limit the validity of an invitation by the Committee of Ministers to accede to a convention to a period of five years;

-           to provide, in cases where there is no convention-based body including all the Parties, for participation, with a right to vote, by non-member States in steering committee or ad hoc committee meetings pertaining to the conventions to which those States are Parties;

On reservations to Council of Europe conventions

15.        agreed on the need, during the drafting process of each convention, to examine whether to include explicit provisions on reservations, which would determine on a case-by-case basis the regime applicable;

16.        invited the bodies responsible for monitoring conventions, if appropriate, to raise with the national authorities, particularly on the occasion of on-the-spot visits, the question of the need to maintain reservations already formulated, and the possibility of considering their withdrawal;

On the participation by the European Union in Council of Europe conventions

17.        while noting that the European Union had expressed its readiness to examine with the Council of Europe the possibility for the EU to join certain Council of Europe’s conventions, agreed that this should be done at the appropriate time in order to avoid any interference with the current negotiations on EU accession to the European Convention on Human Rights;

18.        agreed to evaluate the implementation of these decisions within three years.

Item 11.1

Financial arrangements for the participation of non-member States in Council of Europe conventions

(CM(2013)17)

Decisions

The Deputies

1.         adopted Resolution CM/Res(2013)7 concerning financial arrangements for the participation of non‑member States in Council of Europe conventions, as it appears at Appendix 8 to the present volume of Decisions;

2.         invited the Secretary General to inform non‑member States which became Parties to Council of Europe conventions prior to the adoption of the above-mentioned resolution about this resolution, and invite them to consider contributing to the financing of these conventions according to the modalities set out in the resolution, and to report back periodically on its implementation.

Item 11.2

Council of Europe Progress Review Report 2012

(CM/Inf(2013)4-rev)

Decision

The Deputies took note of the Progress Review Report for 2012, as it appears in document CM/Inf(2013)4 rev, encouraged further improvements to the presentation of the report and invited the relevant Rapporteur Groups to examine the Progress Review Report for 2012.

Item 11.3

Special accounts – Situation at 31 December 2012

This item was postponed.

Item 12.1

Congress of Local and Regional Authorities of the Council of Europe –
24th plenary session of the Congress (Strasbourg, 19-21 March 2013) – Adopted texts

(Compendium of adopted texts)

Decisions

The Deputies

1.         concerning Recommendation 334 (2013) – “Local and regional democracy in Georgia”

            a.         took note of Recommendation 334 (2013);

b.         agreed to bring it to the attention of the authorities of Georgia;

***

2.         concerning Recommendation 335 (2013) – “The budget and resources of the Congress in 2014-2015”

a.         took note of Recommendation 335 (2013) and agreed to bear it in mind in the framework of their discussions on the draft Programme and Budget for 2014-15;

***

3.         concerning Recommendation 336 (2013) – “Local and regional democracy in Spain”

            a.         took note of Recommendation 336 (2013);

b.         agreed to bring it to the attention of the authorities of Spain;

***

4.         concerning Recommendation 337 (2013) – “Local and regional democracy in Italy”

            a.         took note of Recommendation 337 (2013);

b.         agreed to bring it to the attention of the authorities of Italy;

***

5.         concerning Recommendation 338 (2013) – “Local by-elections in Armenia
(9 and 23 September 2012)”

            a.         took note of Recommendation 338 (2013);

b.         agreed to bring it to the attention of the authorities of Armenia;

c.         agreed to transmit it to the European Commission for Democracy through Law (Venice Commission), for information;

***

6.         concerning Recommendation 339 (2013) – “Local elections in Bosnia and Herzegovina
(7 October 2012)”

            a.         took note of Recommendation 339 (2013);

b.         agreed to bring it to the attention of the authorities of Bosnia and Herzegovina;

c.         agreed to transmit it to the European Commission for Democracy through Law (Venice Commission), for information;

*

*        *

7.         took note of the following texts:

Declaration 1                 -           “The situation of local and regional politicians in Turkey”

Resolution 352 (2013)    -           “Verification of new members’ credentials and new appointment procedure”

Resolution 353 (2013)    -           “Congress post-monitoring and post-observation of elections: developing

                                                political dialogue”

Resolution 354 (2013)    -           “Local by-elections in Armenia (9 and 23 September 2012)”

Resolution 355 (2013) -  -           “Local elections in Bosnia and Herzegovina (7 October 2012)”

*

*        *

8.         adopted the following reply to the texts adopted by the Congress of Local and Regional Authorities of the Council of Europe at its 24th plenary session (Strasbourg, 19-21 March 2013):

“The Committee of Ministers has taken note of Recommendations 334 to 339 (2013), Resolutions 352 to 355 (2013) and the Declaration 1 adopted by the Congress of Local and Regional Authorities of the Council of Europe at its 24th plenary session (Strasbourg, 19-21 March 2013).

The Committee of Ministers has forwarded Recommendations 334 to 339 (2013) to the member States concerned and Recommendations 338 and 339 (2013) to the European Commission for Democracy through Law (Venice Commission), for information.”

Appendix 1
(Item 1.1)

1168 meeting of the Ministers' Deputies
(Strasbourg, 10 (10 a.m.) April 2013)

Agenda

1.	General questions
1.1	Adoption of the agenda
		(CM/Del/OJ(2013)1168)
1.2	Preparation of forthcoming meetings
		(CM/Notes/1168/1.2 of 8.4.2013)
1.3	Dialogue with the Secretary General and the Deputy Secretary General
		(SG/Com(2013)1168, SG/Inf(2013)12)
1.4	Report of the Bureau
		(CM/Bur/Del(2013)8)
1.5	123rd Session of the Committee of Ministers (Strasbourg, 16 May 2013) – Preparation
		(CM/Del/Dec(2013)1167/1.6) (CM/Notes/1168/1.5 of 5.4.2013)
2.	Democracy and political questions
2.1	The Council of Europe and the conflict in Georgia
		(CM(2008)150-rev, CM(2008)162, SG/Inf(2008)19, DD(2008)631, SG/Inf(2009)5, SG/Inf(2009)7, CM(2009)PV-prov, CM(2009)PV-add1, CM(2009)PV-add2, SG/Inf(2009)10, SG/Inf(2009)5-add, SG/Inf(2009)9, CM/AS(2009)Quest572, DD(2009)447, SG/Inf(2009)15-final, SG/Inf(2009)5-add2, Parliamentary Assembly REC_1846(2008) and CM/AS(2009)Rec1846-final, Parliamentary Assembly REC_1857(2009) and CM/AS(2009)Rec1857-final, CM(2009)164, Parliamentary Assembly REC_1869(2009) and CM/AS(2010)Rec1869-final, DD(2010)71, DD(2010)95, SG/Inf(2010)7, SG/Inf(2010)8, DD(2010)238, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559, SG/Inf(2011)8, SG/Inf(2011)24, SG/Inf(2012)5 and SG/Inf(2012)28-rev)
2.1bis	Current political questions
2.2	Situation in Cyprus
2.3	17th meeting of the Co-ordination Group between the Council of Europe and the OSCE (Strasbourg, 5 April 2013) – Follow-up
		(CM/Inf(2013)12) (CM/Notes/1168/2.3 of 8.4.2013)
3.	Parliamentary Assembly
3.1	Communication by the Secretary General of the Parliamentary Assembly on the preparation of the 2nd part of the 2013 Session (Strasbourg, 22-26 April 2013) and other Assembly activities
		(SG/AS(2013)03)

3.2	Written Questions by members of the Parliamentary Assembly to the Committee of Ministers
	a. Written Question No. 623 by Mr Alexey Pushkov: “Lithuanian authorities retain Russian minors on their territory”
			(CM/Del/Dec(2013)1160/3.2b and CM/AS(2013)Quest623-prov2corr) (CM/Notes/1168/3.2a of 28.3.2013)
	b. Written Question No. 628 by Mr Andrej Hunko: “Non-conformity of Greece with the European Social Charter”
			(CM/Del/Dec(2013)1166/3.2b and CM/AS(2013)Quest628-prov) (CM/Notes/1168/3.2b of 8.4.2013)
4.	Human rights
4.1	Abolition of the death penalty in all member States of the Council of Europe
			(CM/Del/Dec(2001)769/4.4, CM/Del/Dec(2012)1152/4.1 and DD(2013)384) (CM/Notes/1168/4.1 of 28.3.2013)
4.2	European Social Charter – Follow-up to the decisions of the European Committee of Social Rights (ECSR) in the context of the collective complaints procedure – European Roma Rights Centre (ERRC) against Portugal, Complaint No. 61/2010
			(Report from the European Committee of Social Rights to the Committee Ministers, CM/Del/Dec(2012)1132/4.1b) (CM/Notes/1168/4.2 of 27.3.2013)
4.3	Brighton Declaration – Follow-up – Steering Committee for Human Rights – Draft Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms and Explanatory Report thereto (Item prepared by the GT-REF.ECHR on 9.4.2013)
			(CM(2013)31 of 2.4.2013 and CM(2013)31-add of 2.4.2013) (CM/Notes/1168/4.3 of 9.4.2013)
4.4	“Ensuring the viability of the Strasbourg: Court structural deficiencies in States Parties” – Parliamentary Assembly Recommendation 2007 (2013) (Item prepared by the GT-REF.ECHR on 9.4.2013)
			(Parliamentary Assembly REC_2007 (2013) and CM/AS(2013)Rec2007-prov) (CM/Notes/1168/4.4 of 9.4.2013)
5.	Media
5.1	Implementation of the Declaration of the Committee of Ministers on measures to promote the respect of Article 10 of the European Convention on Human Rights – Secretary General’s report (Item to be prepared by the GR-H on 28.5.2013)
		(CM(2013)29-rev)
(Item postponed)
7.	Education and culture
7.1	10th Council of Europe Conference of Ministers of Culture (Moscow, 15-16 April 2013) – Observations by the Committee of Ministers according to paragraph 12 of Resolution CM/Res(2011)7
		(CM/Inf(2013)17)

7.2	24th session of the Council of Europe Standing Conference of Ministers of Education (Helsinki, 26-27 April 2013) – Observations by the Committee of Ministers according to paragraph 12 of Resolution CM/Res(2011)7
		(CM/Inf(2013)18)
10.	Legal questions
10.1	Committee of Experts on the Evaluation of anti-money laundering measures and the financing of terrorism (MONEYVAL)
	a. Exchange of views with Mr Vladimir Nechaev, Chairman of MONEYVAL
	b. Annual report for 2012 (Item prepared by the GR-J on 26.3.2013)
		(CM(2013)26 and CM(2013)26-corr) (CM/Notes/1168/10.1 of 28.3.2013)
10.2	Review of Council of Europe conventions – Report by the Secretary General (Item prepared by the GR-J on 26.3.2013)
		(SG/Inf(2012)12, SG/Inf(2012)12-add, CM/Del/Dec(2012)1146/1.5, GR-J(2013)CB3 and GR-J(2013)5-rev3) (CM/Notes/1168/10.2 of 5.4.2013)
11.	Administration and logistics
11.1	Financial arrangements for the participation of non-member States in Council of Europe conventions (Item prepared by the GR-PBA on 21.3.2013)
		(CM(2013)17) (CM/Notes/1168/11.1 of 28.3.2013)
11.2	Council of Europe Progress Review Report 2012 (Item prepared by the GR-PBA on 21.3.2013)
		(CM/Inf(2013)4-rev) (CM/Notes/1168/11.2 of 28.3.2013)
11.3	Special accounts – Situation at 31 December 2012
		(CM(2013)27)
(Item postponed)
12.	Congress of Local and Regional Authorities of the Council of Europe
12.1	24th plenary session of the Congress (Strasbourg, 19-21 March 2013) – Texts adopted
		(Compendium of adopted texts) (CM/Notes/1168/12.1 of 27.3.2013)
13.	Any other business

Appendix 2

(Item 1.2)

1170 Meeting of the Ministers' Deputies

(Strasbourg, 7 (10 a.m.) May 2013)

Draft Agenda

In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 10 April 2013
Notes: 26 April 2013

1.	General questions
1.1	Adoption of the agenda
		(CM/Del/OJ(2013)1170)
1.2	Preparation of forthcoming meetings
1.3	Dialogue with the Secretary General and the Deputy Secretary General
		(SG/Com(2013)1170, SG/Inf(2013)…)
1.4	Report of the Bureau
		(CM/Bur/Del(2013)…)
1.5	Conferences of specialised ministers – State of preparation
		(CM/Notes/1170/1.5 of …)
1.6	123rd Session of the Committee of Ministers (Strasbourg, 16 May 2013) – Preparation
		(CM/Del/Dec(2013)1167/1.6, CM/Del/Dec(2013)1168/1.5 and CM/Del/Dec(2013)1169/1.5) (CM/Notes/1170/1.6 of …)
2.	Democracy and political questions
2.1	The Council of Europe and the conflict in Georgia
		(CM(2008)150-rev, CM(2008)162, SG/Inf(2008)19, DD(2008)631, SG/Inf(2009)5, SG/Inf(2009)7, CM(2009)PV-prov, CM(2009)PV-add1, CM(2009)PV-add2, SG/Inf(2009)10, SG/Inf(2009)5-add, SG/Inf(2009)9, CM/AS(2009)Quest572, DD(2009)447, SG/Inf(2009)15-final, SG/Inf(2009)5-add2, Parliamentary Assembly REC_1846(2008) and CM/AS(2009)Rec1846-final, Parliamentary Assembly REC_1857(2009) and CM/AS(2009)Rec1857-final, CM(2009)164, Parliamentary Assembly REC_1869(2009) and CM/AS(2010)Rec1869-final, DD(2010)71, DD(2010)95, SG/Inf(2010)7, SG/Inf(2010)8, DD(2010)238, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559, SG/Inf(2011)8, SG/Inf(2011)24, SG/Inf(2012)5 and SG/Inf(2012)28-rev)

2.1bis	Current political questions
	a. Activities for the development and consolidation of democratic stability (Item to be prepared by the GR-DEM on 2.5.2013)
		(CM/Notes/1170/2.1bis of …)
	b. Other questions
2.2	Situation in Cyprus
3.	Parliamentary Assembly
3.1	2nd part of the 2013 Session (Strasbourg, 22-26 April 2013) – Texts adopted
		(2013 Session (Provisional Compendium of texts adopted)) (CM/Notes/1170/3.1 of …)
4.	Human rights
H46-1	Supervision of execution of judgments of the European Court of Human Rights – Adoption of final resolutions
		(CM/Notes/1170/H46-1 of …)
13.	Any other business

Appendix 3

(Item 1.2)

1171 Meeting of the Ministers' Deputies

(Strasbourg, 29 (10 a.m.) May 2013)

Draft Agenda

In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 30 April 2013
Notes: 17 May 2013

1.	General questions
1.1	Adoption of the agenda
		(CM/Del/OJ(2013)1171)
1.2	Preparation of forthcoming meetings
		(CM/Notes/1171/1.2 of …)
1.3	Dialogue with the Secretary General and the Deputy Secretary General
		(SG/Com(2013)1171, SG/Inf(2013)…)
1.4	Report of the Bureau
		(CM/Bur/Del(2013)…)
1.5	123rd Session of the Committee of Ministers (Strasbourg, 16 May 2013) – Follow-up
		(CM/PV(2013)123-prov of …) (CM/Notes/1171/1.5 of …)
2.	Democracy and political questions
2.1	The Council of Europe and the conflict in Georgia
		(CM(2008)150-rev, CM(2008)162, SG/Inf(2008)19, DD(2008)631, SG/Inf(2009)5, SG/Inf(2009)7, CM(2009)PV-prov, CM(2009)PV-add1, CM(2009)PV-add2, SG/Inf(2009)10, SG/Inf(2009)5-add, SG/Inf(2009)9, CM/AS(2009)Quest572, DD(2009)447, SG/Inf(2009)15-final, SG/Inf(2009)5-add2, Parliamentary Assembly REC_1846(2008) and CM/AS(2009)Rec1846-final, Parliamentary Assembly REC_1857(2009) and CM/AS(2009)Rec1857-final, CM(2009)164, Parliamentary Assembly REC_1869(2009) and CM/AS(2010)Rec1869-final, DD(2010)71, DD(2010)95, SG/Inf(2010)7, SG/Inf(2010)8, DD(2010)238, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559, SG/Inf(2011)8, SG/Inf(2011)24, SG/Inf(2012)5 and SG/Inf(2012)28-rev)
2.1bis	Current political questions
	a. Activities for the development and consolidation of democratic stability (Item to be prepared by the GR-DEM on 2.5.2013)
		(CM/Notes/1171/2.1bis of …)
	b. Other questions

2.2	Situation in Cyprus
4.	Human rights
H46-1	Supervision of execution of judgments of the European Court of Human Rights – Adoption of final resolutions
		(CM/Notes/1171/H46-1 of …)
4.1	Council of Europe Commissioner for Human Rights – Presentation of the annual activity report for 2012 and of the 1st quarterly activity report 2013
		(CommDH(2013)5 and CommDH(2013)…)
4.2	European Social Charter – Follow-up of the decisions of the European Committee of Social Rights (ECSR) in the context of the collective complaints procedure – Draft Resolution CM/ResChS(2013)… European Council of Police Trade Unions (CESP) v. France, Complaint No. 57/2009
		(Report from the European Committee of Social Rights to the Committee of Ministers and CM(2013)…) (CM/Notes/1171/4.2 of …)
8.	Youth and sport
8.1	Enlarged Partial Agreement on Sport (EPAS) – Draft Resolution CM/Res(2013)… on the integration of a network of national regulators of the sports betting market within the programme of activities of the Enlarged Partial Agreement on Sport (EPAS) and its Explanatory Note (Item to be prepared by the GR-C on 23.5.2013)
		(CM(2013)24-rev and CM(2013)24-add) (CM/Notes/1171/8.1 of …)
10.	Legal questions
10.1	Committee of Legal Advisers on Public International Law (CAHDI)
	a. Exchange of views with the Chair of the CAHDI
	b. Abridged report of the 45th meeting (Strasbourg, 25-26 March 2013)
		(CM(2013)…)
	(Item to be prepared by the GR-J on 22.5.2013)
		(CM/Notes/1171/10.1 of …)
11.	Administration and logistics
11.1	Appointment of the External Auditor
		(CM(2013)37 of …) (CM/Notes/1171/11.1 of …)
11.2	Appointment of members and alternate members of the Budget Committee for the period 1 January 2014 to 31 December 2016 – Call for candidacy
		(CM(2013)38 of …) (CM/Notes/1171/11.2 of …)
13.	Any other business

Appendix 4
(Item 3.2a)

Reply to Written Question No. 623 by Mr Alexey Pushkov: “Lithuanian authorities retain Russian minors on their territory”

(Adopted by the Committee of Ministers on 10 April 2013
at the 1168th meeting of the Ministers' Deputies)

1.         When considering the question put by the distinguished parliamentarian, the Committee of Ministers was informed by the Lithuanian delegation that the Lithuanian authorities have taken all the necessary measures to protect the best interests of the children in question as their foster parents abandoned them when they left the country following suspicion of criminal activities. The Committee of Ministers notes that according to principles of international law and the Lithuanian Law on the Legal Status of Aliens, the confidentiality of the status granted to the children in the Republic of Lithuania needs to be respected.

2.         Moreover, according to the information provided by the Lithuanian authorities, the latter are seeking information about the children’s biological parents in their country of origin.

3.         The Committee of Ministers underlines that it cannot substitute ongoing national investigations or authorities. It recalls that Lithuania is bound by Council of Europe conventions, such as the European Convention on Human Rights (ETS No. 5) and the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children (ETS No. 105), as well as by other international obligations, in particular the United Nations’ Convention on the Rights of the Child. It notes that Article 3 paragraph 1 of the UN Convention provides that “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”.

4.         The Committee of Ministers urges Lithuanian and Russian authorities to closely co-operate on this important humanitarian issue.

Appendix 5
(Item 3.2b)

Reply to Written Question No. 628 by Mr Andrej Hunko: “Non-conformity of Greece with the European Social Charter”

(Adopted by the Committee of Ministers on 10 April 2013
at the 1168th meeting of the Ministers' Deputies)

1.         The Committee of Ministers informs the Honourable Parliamentarian that the conclusions of the European Committee of Social Rights (ECSR) concerning Collective Complaints No. 65/2011 and 66/2011 were considered at the meetings of the Rapporteur Group of the Committee of Ministers on Social and Health Questions (GR-SOC) on 25 October 2012 and 15 January 2013.

2.         During the discussions, Greece had the opportunity to present its views about these collective complaints. In this respect, Greece emphasised the temporary nature of the measures in question.

3.         The Committee of Ministers has subsequently adopted Resolutions CM/ResChS(2013)2 and CM/ResChS(2013)3 in the exercise of the functions conferred upon it by Article 9 of the Additional Protocol to the European Social Charter.

Appendix 6
(Item 4.2)

Resolution CM/ResChS(2013)7
Collective Complaint No. 61/2010
by the European Roma Rights Centre (ERRC) against Portugal[7]

(Adopted by the Committee of Ministers on 10 April 2013
at the 1168th meeting of the Ministers' Deputies)

The Committee of Ministers,^[8]

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

Taking into consideration the complaint lodged on 23 April 2010 by the European Roma Rights Centre (ERRC) against Portugal;

Having regard to the report transmitted by the European Committee of Social Rights, in which the European Committee of Social Rights concluded unanimously that there is:

(i)         a violation of Article E taken in conjunction with Article 31§1 of the Revised Charter

It had been established that the percentage of Roma living in poor housing conditions was far above the national average and that they were therefore in a different and disadvantaged situation. This difference in their situation triggered a positive obligation of the authorities to take such a difference into account and accordingly respond to it with discernment. However, the overall picture of the living conditions of Roma remained poor, with numerous examples of substandard housing conditions in Roma settlements, and without the government having demonstrated that it had taken sufficient measures to find lasting solutions to the deteriorating residential conditions in unauthorised Roma settlements.

The situation was examined in the light of different criteria on which it assesses adequacy of housing. The right to adequate housing includes a right to fresh water sources, and States Parties are therefore required, under Article 31§1 of the Revised Charter, to ensure that Roma settlements have access to safe drinking water. It is noted in this respect that the Roma settlement in Vidigueira had been without water for over a week, and that the authorities had not clarified the circumstances which prompted the cutting off of the water supply.

Also pursuant to Article 31§1, adequate housing must be in a location which allows access to public services, employment, health care services, schools and other social services. States should be vigilant when implementing housing policies so as to prevent spatial or social segregation of ethnic minorities or immigrants. On this question, it was found that segregated neighbourhoods for Roma had, to a large extent, been created by the action of municipalities. Roma had been re-housed by municipalities in such neighbourhoods in a higher proportion than the general population with housing needs. Moreover, there were also examples of discriminatory practices by local authorities, such as the construction of a concrete wall to separate the Roma in Beja, the cutting off of water in Vidigueira, or the precarious municipal houses of the Roma community in Sobral de Adiça, lacking electricity, water or sanitation. Therefore, implementation of re-housing programmes by municipalities had often led to segregation of Roma, and had on other occasions been tainted by discrimination. For these reasons, the situation was in violation of Article E taken in conjunction with Article 31§1.

(ii)        a violation of Article E taken in conjunction with Article 16 of the Revised Charter

“Articles 16 and 31, though different in personal and material scope, partially overlap with respect to several aspects of the right to housing. In this respect, the notions of adequate housing and forced eviction are identical under Articles 16 and 31” (COHRE v. Italy, Complaint No. 58/2009, decision on the merits of 25 June 2010, § 115).

Thus, the finding of a violation under Article E taken in conjunction with Article 31§1, also entailed a violation of Article E taken in conjunction with Article 16.

(iii)       a violation of Article E taken in conjunction with Article 30 of the Revised Charter

Article 30 requires States Parties to adopt positive measures for groups generally recognised as excluded or disadvantaged, such as Roma, to ensure that they are able to access rights such as housing, which in turn will have an impact on access to other rights such as education, employment and health.

In assessing compliance with this provision of the Charter, particular attention was given to the re-housing measures taken by the authorities, as these are of utmost importance for the general social inclusion of Roma. In this respect, it was found that there were examples of failed re-housing projects which could be attributed to the municipalities, namely all those which had led to new housing developments for Roma in segregated settings, which demonstrated the absence of political will to provide integrated, adequate housing. Examples of this were the Cucena neighbourhood in Seixal (Lisbon metropolitan area) or the Pedreiras neighbourhood in Beja (Alentejo-south region).

The inability and unwillingness of central authorities to correctly oversee/co-ordinate the implementation of housing programmes at the local level taking into consideration the specific situation of Roma, for instance by taking action against those municipalities where housing projects had led to the isolation or segregation of Roma, demonstrated the lack of an “overall and co-ordinated approach” in this area, amounting to a violation of Article E taken in conjunction with Article 30.

Having regard to the information communicated by the Portuguese delegation during the 1132nd meeting of the Ministers’ Deputies (1 February 2012) and most recently by a letter dated 12 February 2013,

1.         takes note of the statement made by the respondent government and welcomed the authorities' commitment to protect the fundamental rights of the Roma community and their initiative of setting up a national strategy for the integration of the Roma community (see Appendix to this resolution);

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

3.         decides not to accede to the request for the reimbursement of costs transmitted by the European Committee of Social Rights.

Appendix to Resolution CM/ResChS(2013)7

Remarks by the Portuguese delegation regarding Collective Complaint No. 61/2010 by the European Roma Rights Centre (ERRC) against Portugal communicated during the 1132nd meeting of the Ministers’ Deputies (1 February 2012)

Without prejudice of the additional information to be given by the local authorities where the events described in Complaint No. 61/2010 took place, related to the possible development of the situations detailed therein, the Portuguese authorities would like to bring to your attention the following important facts:

For several years now, some programmes and action projects^[9] have already been implemented in Portugal aiming at the integration of the Roma community. Meanwhile, recognising that only a co-ordinated mobilisation of the different participants with sector-specific competences could lead to a coherent answer, the Portuguese Government, in compliance with the EU’s recommendations and aware of the fact that the fundamental rights of the Roma community must be protected, took the initiative of setting up, in co‑ordination with different concerned departments, non-governmental organisations and different Roma community leaders, the development of a National Strategy for the integration of the Roma Community.^[10]

Currently, the national objectives until 2020 are being prepared in the education, housing, employment and health fields. These objectives take into account the 10 EU’s common basic Principles^[11] as well as the transversal dimensions of the above fields, such as discrimination, gender equality, social security and education for citizenship.

This strategy, encompassing a set of priorities to be translated into concrete measures to be applied to every field, especially housing, was subject to public consultation from 28 December 2011 until 18 January 2012.

Furthermore, the ROMED Programme (European Training Programme for Roma Mediators), financed by the European Union under the Strasbourg Declaration on Roma, adopted in 2010, at the 1099th Ministers’ Deputies’ meeting, has been implemented in Portugal since 8 November 2011. Twenty mediators have already been trained for three days, and a second stage of their training period is foreseen for May 2012.

Appendix 7
(Item 4.4)

Reply to Parliamentary Assembly Recommendation 2007 (2013) on
“Ensuring the viability of the Strasbourg Court: structural deficiencies in States Parties”

(Adopted by the Committee of Ministers on 10 April 2013
at the 1168th meeting of the Ministers’ Deputies)

1.         The Committee of Ministers has carefully considered Parliamentary Assembly Recommendation 2007 (2013) entitled “Ensuring the viability of the Strasbourg Court: structural deficiencies in States Parties”. It can assure the Assembly that the future of the Court and its viability continue to be one of its main priorities. In the context of the follow-up to the Brighton Declaration, it has taken measures and is considering further measures aimed at responding to a number of the concerns raised by the Assembly. The Committee of Ministers would also like to highlight the considerable efforts made by the Court to streamline its procedures and increase its efficiency.

2.         In the Brighton Declaration, the States Parties to the Convention affirmed their strong commitment to fulfilling their primary responsibility to implement the Convention at national level. In early 2013, the Steering Committee for Human Rights (CDDH) submitted a report to the Committee of Ministers showing that, since the process for reforming the Convention system was launched in Interlaken in 2010, States Parties to the Convention have taken various steps to improve its application at national level, including through awareness-raising activities such as publications on the Court’s case law or training on the standards laid down in the Convention. Information on the procedure for lodging an application with the Court and the criteria governing the admissibility of applications has been made available to the public. On the basis of its report, the CDDH made a number of recommendations for the attention of member States. The Committee of Ministers has endorsed these recommendations and invited member States to consider the action they could take in response to them. Moreover, the CDDH will prepare, before the end of 2013, conclusions and possible proposals for action on (i) ways to resolve the large number of applications arising from systemic issues identified by the Court and (ii) more effective measures in respect of States that fail to implement judgments of the Court in a timely manner.

3.         In relation to paragraph 1.1 of the Assembly’s recommendation, the Committee of Ministers notes that considerable effort has been made to modernise the Court’s HUDOC database, inter alia through the introduction of advanced search options in 2012. Presently, the Execution database (CMIS) is being upgraded: a document management system will be integrated as well as a publication tool. The webpage will also get an improved and more user-friendly design. The Committee of Ministers notes that these efforts are instrumental to offer the best possible access to information regarding the Court’s case law and progress with the execution of its judgments and decisions.

4.         The Committee of Ministers recalls that since January 2011, it follows a twin-track system for the supervision of the implementation of the judgements and decisions of the Court. Cases are examined either under a standard or an enhanced procedure. The indicators for cases to be examined under the enhanced supervision procedure include pilot judgments and judgments revealing major structural and/or complex problems. The Committee will continue to give priority to these cases (paragraph 1.2 of the Assembly recommendation). It shares the Parliamentary Assembly’s concern regarding major and structural deficiencies in States Parties, which undermine the effectiveness of the Convention system. The Committee of Ministers is actively considering further measures to improve the supervision of the execution of the judgments and decisions of the Court. It has also given the Steering Committee for Human Rights a mandate in this respect and is expecting its proposals in the autumn (see paragraph 2 above). A report will be prepared for the 123rd Ministerial Session in May 2013 on the progress achieved so far. In this context, the Committee of Ministers would also like to draw the Assembly’s attention to its consideration of the role of Council of Europe assistance activities. It has invited the Secretary General to prepare a document on the targeting and co-ordination of assistance activities before the summer, which will be relevant for its further work on this subject.

5.         The Committee of Ministers welcomes the Assembly’s proposal that statistical analyses be provided regularly with respect to progress made in the elimination of structural deficiencies, as identified by the Court and the Committee of Ministers (paragraph 1.3 of the Assembly recommendation). This is an issue which it will raise and consider notably in its contacts with the Court on methods and indicators for the assessment of results. It notes that important information is already available in its annual report on the supervision of the execution of the Court’s judgements.

6.         The Committee of Ministers’ Ad hoc Working Party on Reform of the Human Rights Convention system (GT-REF.ECHR) recently held an exchange of views with the Director for Human Rights on the workload and activities of the Department for the Execution of Judgments. On this occasion, the staffing resources of the Secretariat were considered (paragraph 1.4 of the Assembly recommendation). The Committee of Ministers will give due consideration to this questions in the context of the preparation of the biennium 2014-2015.

Appendix 8
(Item 11.1)

Resolution CM/Res(2013)7
concerning financial arrangements for the participation of non-member States in Council of Europe conventions

(Adopted by the Committee of Ministers on 10 April 2013,

at the 1168th meeting of the Ministers’ Deputies)

The Committee of Ministers, pursuant to Articles 15.a, 38 and 39 of the Statute the Council of Europe,

Having regard to the Financial Regulations of the Council of Europe;

Considering the growing interest of non-member States of the Council of Europe in acceding to one or more Council of Europe conventions;

In view of the costs that these accessions entail for the Organisation, when the conventions concerned provide follow-up mechanisms, which are covered by the Organisation’s budgets;

Having regard to the need to establish a legal framework governing the financial conditions for the participation of non-member States in Council of Europe conventions;

In view of the proposal made by the Secretary General in document CM(2013)17,

Resolves as follows:

1.         Any Contracting Party to a Council of Europe convention which is not a member of the Council of Europe shall be invited to make a financial contribution to the said convention in keeping with the arrangements laid down in this resolution when it participates as of right in the follow-up mechanism of the convention.

2.         The amount of the contribution which all Contracting Parties to a Council of Europe convention which are not members of the Council of Europe must make to the Organisation shall be calculated in accordance with the method set out in the appendix to this resolution, in the absence of a specific provision in the relevant convention. A minimum contribution of €10 000 will be required. This amount will be adjusted annually according to inflation.

3.         Unless the Committee of Ministers decides otherwise, the contribution shall be allocated to the General Budget.

4.         Every year the Secretary General shall notify the governments of the non-member States concerned of the amount of their contribution and, unless the Committee of Ministers decides otherwise, invite them to proceed to payment. The provisions of Article 10 of the Financial Regulations shall apply mutatis mutandis to the contribution of any contracting party to a Council of Europe convention which is not a member of the Council of Europe.

Appendix to Resolution CM/Res(2013)7

concerning the financial arrangements for the participation of non-member States in Council of Europe conventions

Calculation method

The calculation method retained consists in:

a)     identifying the budgetary cost of the convention concerned (staff and operational costs) (A),

b)    adding administrative costs (15%)^[12] (B) = 15%*A

c)     applying the Ordinary Budget scale, with the addition of the non-member State which wishes to accede to the convention and as resulting from the Committee of Ministers' Resolution Res(94)31 on the method of calculating the scale of member States’ contributions, to the estimated cost of the Convention (A+B).