Doc. 9793

24 April 2003

Enlargement of the European Union and the Kaliningrad Region

Recommendation 1579 (2002)

Reply from the Committee of Ministers

adopted at the 837^th meeting of the Ministers’ Deputies (16 April 2003)

1.       The Committee of Ministers has taken note with interest of Parliamentary Assembly

Recommendation 1579 (2002) on the enlargement of the European Union and the Kaliningrad Region and, in accordance with the established practice, has brought it to the attention of the governments of the Council of Europe member states. The Committee has also forwarded the recommendation to the European Commission.

In parallel the Committee of Ministers has also studied Parliamentary Assembly Resolution 1298 (2002) “Ensuring a prosperous future for the Kaliningrad region: the need for European solidarity”. It recognises the importance of the proposals made in both these texts.

Council of Europe legal expertise and advice to member states

2.       As is presently the practice, the Council of Europe Secretariat is prepared to examine requests for legal advice and expertise to member states with regard to their bilateral and multilateral visa regimes. This would be done on a case-by-case basis.

Implementation of certain Council of Europe Conventions

3.       With respect to the Assembly’s recommendation that the Committee of Ministers monitor, and assist in, the implementation of the European Convention on Extradition, the European Convention on Mutual Assistance in Criminal Matters, and the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, it would like to underline that this is a priority field of action for the Council of Europe. The organisation is intensely active in monitoring the application of these very important conventions. It also assists member states in taking measures to comply with them and to prepare their ratification. The implementation of these instruments is monitored by the Committee of Experts on the Operation of European Conventions in the Penal Field (PC-OC).

1957 European Agreement on Regulations Governing the Movement of Persons between Member States of the Council of Europe

4.       Over a number of years various Council of Europe expert committees that have been dealing with the implementation of the above-mentioned Agreement have pointed to problems in this respect. One of the problems identified, inter alia, with the implementation of the 1957 Agreement is that it had not been taken into account when the provisions of the Schengen Agreement were drafted.

5.       The Committee of Ministers is currently seized with the proposal to assign ad hoc terms of reference to the European Committee for Legal Cooperation (CDCJ) to examine the application of the 1957 Agreement with the possibility of formulating recommendations on its implementation or, if necessary, proposals to amend the Agreement.

Invitation to ratify the European Agreement on Regulations Governing the Movement of Persons between Member States of the Council of Europe

6.       At present, the Committee of Ministers would like to emphasise the need to study first the problems with the implementation of the Agreement and the need for its possible amendment.

Some comments on Resolution 1298 (2002) on Ensuring a prosperous future for the Kaliningrad region: the need for European solidarity

7.       The Committee of Ministers is well aware of the specific geographic position as well as of the social and economic situation of the Kaliningrad region. Like the Assembly it welcomes the Russian efforts to reduce the importance of the military sector in the region and to ensure an effectively functioning special economic zone (SEZ). It also stresses the need for multi-lateral cooperation in the region and for finding an acceptable solution as regards the movement of persons and goods.

8.       Council of Europe co-operation activities have been extended to the Kaliningrad region, in particular in the field of transfrontier co-operation. More generally, co-operation and assistance programmes with the Russian Federation could pay increased attention to the situation in the Kaliningrad region, notably in the context of EC/COE joint programmes which could develop synergies with the European Commission “Wider Europe” initiative. To this effect a Secretariat fact-finding mission to Kaliningrad is foreseen in due course.

9.       The Council of Europe will continue its cooperation and assistance programmes with the Russian Federation, with a particular emphasis on those which contribute to the strengthening of transborder co-operation, to the promotion of human rights, local democracy, development of the media and the rule of law in the Kaliningrad region. The Committee of Ministers believes that concerted action in these fields, including training programmes for legal professionals and for the staff of regional and local administrations, will be beneficial to its prosperous economical and social development.

10.       The Committee of Ministers would like to encourage inter alia an exchange of best practices in the social field between the Kaliningrad region and neighbouring countries, to promote the modernisation of the health care system and to provide assistance in developing social programmes aimed at the most vulnerable groups of the population.

11.       Special attention will be paid by the Council of Europe to facilitating youth exchanges between the Kaliningrad Oblast of the Russian Federation and the regions of other Council of Europe member states as well as co-operation in the field of education, in particular learning and teaching of foreign languages and training of teachers in European issues.

12.       The Committee of Ministers will look into the feasibility of establishing an information office of the Council of Europe in Kaliningrad including financial implications.

13.       The Committee of Ministers would finally like to inform the Assembly that it has taken note with great interest of the various measures that should be taken by those states mentioned in paragraph 11 (v-vii) of the Parliamentary Assembly recommendation in relation to the proposals made therein, such as the conclusion of bilateral agreements on the readmission of illegal migrants between the Russian Federation and states neighbouring the Kaliningrad region, the ratification of the border demarcation agreement between Russia and Lithuania, the increase of the number and the improvement of border-crossing facilities at the international land border of the Kaliningrad region, the facilitated travel arrangements for citizens of the countries in the region and other relevant steps.