Doc. 10010

4 December 2003

Review of action taken by the Committee of Ministers on Parliamentary Assembly Recommendations

Communication

from the Committee of Ministers

CM(2002)120 30 September 2003

Secretariat memorandum prepared by the Secretariat of the Committee of Ministers

On 30 October 2002 the Secretariat submitted to the Ministers' Deputies, on the basis of document CM(2002)135, a list of all the Recommendations adopted by the Parliamentary Assembly since the meeting of the Standing Committee on 14 March 2001 to which a reply was awaited from the Committee of Ministers. Since that document was issued, replies have been given to and/or action has been taken on the Recommendations listed in Appendix 1 to this memorandum (59 Recommendations in all).

This memorandum lists all the Recommendations adopted by the Parliamentary Assembly since the first part of its 2003 session, to which a reply is still awaited, up to and including Recommendation 1621 (2003), adopted on 8 September 2003 at the Standing Committee in Naples.

The Secretariat would draw attention to the Deputies’ commitment¹ at their 825^th meeting (22 January 2003) (see Appendix 2) with regard to the adoption of replies to Assembly Recommendations. This commitment modifies the decisions adopted at the 615^th meeting (20 January 1998) (see Appendix 3) by introducing new deadlines of less than six months whenever possible, instead of nine months, for replying. A footnote indicates the time limit for a reply to each Recommendation, set in accordance with this commitment.

Recommendation 1595 (2003)       Code of Good Practice in Electoral Matters

At their 828th meeting (13 February 2003)², the Deputies communicated Recommendation 1595 to their governments and decided to forward it to the "Group of States against Corruption – GRECO" and to the Secretariat of the Integrated Project “Making democratic institutions work” for possible comments by 31 May 2003.

They instructed their Rapporteur Group on Legal Cooperation (GR-J) to consider the matter, taking account of the work of the Venice Commission for Democracy through Law, of OSCE/ODIHR and of the Association of Central and Eastern European Election Officials (ACEEEO), and accordingly to prepare a draft reply for adoption at one of their forthcoming meetings.

Resumed consideration of a reply to this recommendation is on the agenda of the Deputies’ 855th meeting (9 October 2003).

Recommendation 1597 (2003)       50 years of ECMT (European Conference of Ministers of Transport): transport policies for Greater Europe

At their 837th meeting (16 April 2003)³, the Deputies communicated Recommendation 1597 to their governments and decided to forward it to the Pompidou Group for information. They also decided to communicate it to the Committee on the Rehabilitation and Integration of People with Disabilities (Partial Agreement) (CD-P-RR), to the Committee of Senior Officials of the European Conference of Ministers responsible for Regional Planning (CEMAT) and to the Committee for the Council of Europe Activities in the Field of Biological and Landscape Diversity (CO-DBP) for information and possible comments by 31 July 2003.

The Rapporteur Group on Social and Health Questions (GR-SOC) will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1598 (2003)       Protection of sign languages in the member states of the Council of Europe

At their 837th meeting (16 April 2003)⁴, the Deputies communicated Recommendation 1598 to their governments and decided to forward it to the Committee of Experts of the European Charter for Regional and Minority Languages and to the Steering Committee for Education (CD-ED) for information and possible comments by 30 June 2003.

They also decided to communicate it to the Committee on the Rehabilitation and Integration of People with Disabilities (Partial Agreement) (CD-P-RR) for information and possible comments by 31 July 2003.

The Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1599 (2003)       The cultural situation in the South Caucasus

At their 837th meeting (16 April 2003)⁵, the Deputies communicated Recommendation 1599 to their governments as well as to those of the States Parties to the European Cultural Convention. They also decided to forward it to the Steering Committee for Culture (CDCULT), to the Steering Committee for Education (CD-ED) and to the Steering Committee for Higher Education and Research (CD-ESR) for information and comments by 30 June 2003.

The Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1602 (2003)       Immunities of Members of the Parliamentary Assembly

At their 837th meeting (16 April 2003)⁶, the Deputies communicated Recommendation 1602 to their governments and decided to forward it to the Committee of Legal Advisers on Public International Law (CAHDI) and to the Commission for Democracy through Law (Venice Commission) for information and possible comments by 31 July 2003.

The Rapporteur Group on Legal Cooperation (GR-J) will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1604 (2003)       Role of the public prosecutor’s office in a democratic society governed by the rule of law

At their 843rd meeting (11 June 2003)⁷, the Deputies communicated Recommendation 1604 to their governments and decided to forward it to the European Committee on Crime Problems (CDPC) for information and possible comments by 30 November 2003.

The Rapporteur Group on Legal Questions (GR-J) will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1605 (2003)       Economic development of Moldova: challenges and prospects

At their 843rd meeting (11 June 2003)⁸, the Deputies communicated Recommendation 1605 to their governments and decided to forward it to European Committee for Social Cohesion (CDCS) and to the Council of Europe Development Bank for information and possible comments by 15 December 2003.

The Secretariat will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1606 (2003)       Areas where the European Convention on Human Rights cannot be implemented

At their 848th meeting (10 July 2003)⁹, the Deputies communicated Recommendation 1606 to their governments and decided to forward it to the Steering Committee for Human Rights (CDDH) and to the European Court of Human Rights for possible comments by 1 December 2003.

The Rapporteur Group on Human Rights (GR-H) will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1607 (2003)       Activities of the International Organization for Migration (IOM), 1998-2002

At their 848th meeting (10 July 2003)¹⁰, the Deputies communicated Recommendation 1607 to their governments and decided to forward it to the International Organization for Migration (IOM) for information. They also agreed to forward it to the European Committee on Migration (CDMG) and the Council of Europe Development Bank for possible comments by 15 December 2003.

The Rapporteur Group on Social and Health Questions (GR-SOC) will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1608 (2003)       Colonisation by Turkish settlers of the occupied part of Cyprus

At their 848th meeting (10 July 2003)¹¹, the Deputies communicated Recommendation 1608 to their governments and decided to forward it to the European Population Committee (CAHP) and to the Council of Europe Development Bank for possible comments by 15 December 2003.

The Secretariat will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1609 (2003)       Positive experiences of autonomous regions as a source of inspiration for conflict resolution in Europe

At their 848th meeting (10 July 2003)¹², the Deputies communicated Recommendation 1609 to their governments and decided to forward it to the Steering Committee on Local and Regional Democracy (CDLR) for possible comments by 1 December 2003.

The Rapporteur on Local and Regional Authorities (RAP-LOC) will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1610 (2003)       Migration connected with trafficking in women and prostitution

At their 848th meeting (10 July 2003)¹³, the Deputies communicated Recommendation 1610 to their governments and decided to forward it to the ad hoc Committee on action against trafficking in human beings (CAHTEH), to the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), to the Steering Committee for Equality between Women and Men (CDEG), to the European Committee on Crime Problems (CDPC) and to the European Committee on Migration (CDMG) for possible comments by 1 December 2003.

The Rapporteur on Equality between Women and Men (RAP-EG) will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1611 (2003)       Trafficking in organs in Europe

At their 848th meeting (10 July 2003)¹⁴, the Deputies communicated Recommendation 1611 to their governments and decided to forward it to the European Health Committee (CDSP), to the Select Committee of Experts on the Organisational Aspects of Co-operation in Organ Transplantation (SP-R-CTO), to the ad hoc Committee on action against trafficking in human beings (CAHTEH), to the European Committee on Crime Problems (CDPC) and to the Steering Committee on Bioethics (CDBI) for possible comments by 1 December 2003.

The Rapporteur Group on Social and Health Questions (GR-SOC) will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1612 (2003)       The situation of Palestinian refugees

At their 848th meeting (10 July 2003)¹⁵, the Deputies communicated Recommendation 1612 to their governments and decided to forward it to the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNWRA) for information.

The Secretariat will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1613 (2003)       The Council of Europe and the Convention on the Future of Europe

At their 848th meeting (10 July 2003)¹⁶, the Deputies communicated Recommendation 1613 to their governments and decided to forward it to the European Court of Human Rights and to the Venice Commission for Democracy through Law for possible comments by 1 October 2003.

The Rapporteur Group on Relations between the Council of Europe and the European Union (GR-EU) will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1614 (2003)       Environment and human rights

At their 848th meeting (10 July 2003)¹⁷, the Deputies communicated Recommendation 1614 to their governments and decided to forward it to the Steering Committee for Human Rights (CDDH) and to the Committee for the Activities of the Council of Europe in the field of biological and landscape Diversity (CO-DBP) for possible comments by 1 December 2003.

The Rapporteur Group on Human Rights (GR-H) will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1615 (2003)       The institution of Ombudsman

At their 853rd meeting (24 September 2003)¹⁸, the Deputies communicated Recommendation 1615 to their governments and decided to forward it to the Steering Committee for Human Rights (CDDH), to the European Committee on Legal Cooperation (CDCJ), to the Council of Europe Commissioner for Human Rights, to the Congress of Local and Regional Authorities of Europe (CLRAE) and to the European Commission for Democracy through Law (Venice Commission) for possible comments by 15 December 2003;

The Rapporteur Group on Human Rights (GR-H) will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1616 (2003)       The Council of Europe’s North-South Centre and its contribution to development co-operation in the 21st century

At their 853rd meeting (24 September 2003)¹⁹, the Deputies communicated Recommendation 1616 to their governments and decided to forward it to the Executive Council and the Committee of Representatives of Member States of the Centre for Global Solidarity and Interdependence (North-South Centre) for information and comments by 15 December 2003;

The Rapporteur on Co-operation in the Mediterranean Basin (RAP-MED) will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1617 (2003)       Civil Service Reform in Europe

At their 853rd meeting (24 September 2003)²⁰, the Deputies communicated Recommendation 1617 to their governments and decided to forward it to the Congress of Local and Regional Authorities of Europe (CLRAE), to the Steering Committee on Local and Regional Democracy (CDLR) and to the Integrated Project (IP) “Making democratic institutions work” for information;

The Secretariat will prepare a draft reply for adoption at one of their forthcoming meetings, while noting that no recommendation is made to the Committee of Ministers as such.

Recommendation 1618 (2003)       Migrants in irregular employment in the agricultural sector of southern European countries

At their 853rd meeting (24 September 2003)²¹, the Deputies communicated Recommendation 1618 to their governments and decided to forward it to the European Committee on Migration (CDMG) and to the European Committee for Social Cohesion (CDCS) for possible comments by 15 December 2003;

The Rapporteur Group on Social and Health Questions (GR-SOC) will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1619 (2003)       Rights of elderly migrants

At their 853rd meeting (24 September 2003)²², the Deputies communicated Recommendation 1619 to their governments and decided to forward it to the European Committee on Migration (CDMG), to the European Committee for Social Cohesion (CDCS), to the European Population Committee (CAHP), and to the Congress of Local and Regional Authorities of Europe (CLRAE) for possible comments by 15 December 2003;

The Rapporteur Group on Social and Health Questions (GR-SOC) will prepare a draft reply for adoption at one of their forthcoming meetings.

Recommendation 1620 (2003)       Council of Europe contribution to the higher education area

At their 853rd meeting (24 September 2003)²³, the Deputies communicated Recommendation 16206 to their governments and decided to forward it to the Steering Committee for Higher Education and Research (CD-ESR) for possible comments by 15 December 2003;

The Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) will prepare a draft reply for adoption at one of their forthcoming meetings;

Recommendation 1621 (2003)       The promotion of art history in Europe

At their 853rd meeting (24 September 2003)²⁴, the Deputies communicated Recommendation 1616 to their governments and decided to forward it to the Steering Committee for Culture (CDCULT), to the Steering Committee for Cultural Heritage (CDPAT), to the European Committee on Crime Problems (CDPC) and to the Steering Committee on the Mass Media (CDMM) for possible comments by 15 December 2003;

They also decided to communicate it to the Steering Committee for Education (CD-ED) and to the Steering Committee for Higher Education and Research (CD-ESR) for information;

The Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) will prepare a draft reply for adoption at one of their forthcoming meetings

Appendix 1

List of Parliamentary Assembly Recommendations to which replies and/or follow-up was given

1. Recommendation 1498 (2001)²⁵ Conflict in the Chechen Republic – recent developments

2. Recommendation 1499 (2001)¹       Humanitarian situation of refugees and internally displaced persons (IDPs) from Chechnya

3. Recommendation 1504 (2001)       Non-expulsion of long-term immigrants

4. Recommendation 1516 (2001)²⁶ Financing of political parties

5. Recommendation 1523 (2001)       Domestic slavery

6. Recommendation 1527 (2001)       Operation of the Council of Europe Convention on the Transfer of Sentenced Persons – critical analysis and recommendations

7. Recommendation 1531 (2001)       Security and crime prevention in cities: setting up a European observatory

8. Recommendation 1540 (2001)       Higher education in South-eastern Europe

9. Recommendation 1541 (2001)       Young scientists in Europe

10. Recommendation 1543 (2001)       Racism and xenophobia in cyberspace

11. Recommendation 1544 (2001)       The propiska system applied to migrants, asylum seekers and refugees in Council of Europe member states: effects and remedies

12. Recommendation 1547 (2002)       Expulsion procedures in conformity with human rights and enforced with respect for safety and dignity

13. Recommendation 1549 (2002)       Air transport and terrorism: how to enhance security?

14. Recommendation 1550 (2002)       Combating terrorism and respect for human rights

15. Recommendation 1551 (2002)       Building a 21st century society with and for children: follow–up to the European strategy for children (Recommendation 1286 (1996))

16. Recommendation 1552 (2002)       Vocational training of young asylum seekers in host countries

17. Recommendation 1555 (2002)       Image of women in the media

18. Recommendation 1556 (2002)       Religion and change in central and eastern Europe

19. Recommendation 1557 (2002)       Legal situation of the Roma in Europe

20. Recommendation 1558 (2002)       Fisheries in Europe’s semi-land-locked seas

21. Recommendation 1559 (2002)       Training of workers in the use of new technologies

22. Recommendation 1560 (2002)       Towards concerted efforts for treating and curing spinal cord injury 

23. Recommendation 1561 (2002)       Social measures for children of war in south-eastern Europe

24. Recommendation 1562 (2002)       Controlling the diagnosis and treatment of hyperactive children in Europe

25. Recommendation 1564 (2002)       State of the world population

26. Recommendation 1565 (2002)       European sports co-operation

27. Recommendation 1566 (2002)       European cultural co-operation and the future role of the Assembly

28. Recommendation 1567 (2002)       Parliamentary scrutiny of international institutions

29. Recommendation 1568 (2002)       Future of the co-operation between European institutions

30. Recommendation 1569 (2002)       Situation of refugees and internally displaced persons in the Federal Republic of Yugoslavia

31. Recommendation 1570 (2002)       Situation of refugees and displaced persons in Armenia, Azerbaijan and Georgia

32. Recommendation 1571 (2002)       Reducing environmental risks by destroying chemical weapons

33. Recommendation 1572 (2002)       Right to association for members of the professional staff of the armed forces

34. Recommendation 1573 (2002)       Ratification of the European Code of Social Security

35. Recommendation 1574 (2002)       The spirit of Europe in museums

36. Recommendation 1575 (2002)       Introduction of a quality label for food products derived from hill farming

37. Recommendation 1576 (2002)       Implementation of decisions of the European Court of Human Rights by Turkey

38. Recommendation 1577 (2002)       Creation of a charter of intent on clandestine migration

39. Recommendation 1578 (2002)       The Council of Europe and the new issues involved in building Europe

40. Recommendation 1579 (2002)       Enlargement of the European Union and the Kaliningrad Region

41. Recommendation 1580 (2002)       Situation in Georgia and the consequences for the stability of the Caucasus region

42. Recommendation 1581 (2002)       Risks for the integrity of the Statute of the International Criminal Court

43. Recommendation 1582 (2002)       Domestic violence against women

44. Recommendation 1583 (2002)       Prevention of recidivism in crimes against minors

45. Recommendation 1584 (2002)       Need for intensified international co-operation to neutralise funds for terrorist purposes

46. Recommendation 1585 (2002)       Youth policies in the Council of Europe

47. Recommendation 1586 (2002)       The digital divide and education

48. Recommendation 1587 (2002)       Residence, legal status and freedom of movement of migrant workers in Europe: lessons from the case of Portugal

49. Recommendation 1588 (2003)       Population displacement in South-Eastern Europe: trends, problems, solutions

50. Recommendation 1589 (2003)       Freedom of expression in the media in Europe

51. Recommendation 1590 (2003)       Cultural co-operation between Europe and the south Mediterranean countries

52. Recommendation 1591 (2003)       Challenges of social policy in our ageing societies

53. Recommendation 1592 (2003)       Towards full social inclusion of persons with disabilities

54. Recommendation 1593 (2003)       Evaluation of the prospects for a political solution of the conflict in the Chechen Republic

55. Recommendation 1594 (2003)       Follow-up to the World Summit on Sustainable Development: a common challenge

56. Recommendation 1596 (2003)       Situation of young migrants in Europe

57. Recommendation 1600 (2003)       The human rights situation in the Chechen Republic

58. Recommendation 1601 (2003)       Improving the lot of abandoned children in institutions

59. Recommendation 1603 (2003)       Europe and the war in Iraq

Appendix 2

NEW DEADLINES FOR REPLYING TO

PARLIAMENTARY ASSEMBLY RECOMMENDATIONS

825th meeting – 22 January 2003

Appendix 3       (EXTRACT)

(Item 1.6)

Reply to Parliamentary Assembly Recommendation 1567 (2002)

on parliamentary scrutiny of international institutions

(Adopted by the Committee of Ministers on 22 January 2003

at the 825th meeting of the Ministers’ Deputies)

[…]

3.       In response to the specific proposals put forward by the Parliamentary Assembly in paragraph 2 of Recommendation 1567, the Committee of Ministers agreed as follows:

[…]

      v.       With regard to improving transparency in the implementation of Assembly recommendations, the Committee of Ministers would draw attention to the substantial efforts made in this area since 1998, particularly with the introduction of a nine-month deadline to be observed, as far as possible, for replying to Assembly recommendations. The Committee of Ministers is aware that this target has not always been attained, but would also like to draw the Assembly’s attention to the many cases in which high priority has been given to the adoption of a reply well within the nine-month time limit, particularly in connection with the current political issues that are most important to the Council of Europe, in connection with which the Committee of Ministers usually communicates its views to the Parliamentary Assembly in time for the next part-session. In addition, information on the action the Committee of Ministers has taken on Parliamentary Assembly recommendations is regularly included in the written reports prepared by the chairmanship at each session, and a comprehensive report on this action is forwarded to the Assembly every year.

Against this background, the Committee of Ministers is ready to commit itself to making an additional effort so that replies can be adopted to Parliamentary Assembly recommendations in principal in time for the second part-session following that at which they were adopted, that is to say within a time-limit of less than six months (the nine-month time limit becoming a maximum for exceptional cases). It further considers that priority should go to giving more impetus to the already made efforts described above so that they can have their full impact in strengthening dialogue and communication between the Committee of Ministers and the Parliamentary Assembly, while being open to additional specific proposals for improvements.

Appendix 3

REPLIES TO

PARLIAMENTARY ASSEMBLY RECOMMENDATIONS²⁷

The Deputies, having emphasised the importance of rapidly adopting a reply to each Recommendation:

1.       agreed in future to rely more often on the expertise available within the Ministers' Deputies, the relevant Rapporteur Group and the Secretariat, in preparing replies to Assembly Recommendations;

2.       instructed the Secretariat to place immediately on their agenda any Assembly Recommendation for which sufficient elements for a reply were available;

3.       decided, in the case of Assembly Recommendations not forwarded to a steering committee for opinion, to set a time-limit of nine months, after communication of those Recommendations to the Committee of Ministers, for adopting a reply (interim or final);

4.       decided to adopt, when conducting their initial examination of the texts adopted by the Parliamentary Assembly, a reply common to all the texts, dealing with the procedure to be followed;

5.       approved the following guidelines for the drawing up of draft replies to Recommendations:

-       priority should be given to final replies (taking stock of the situation while at the same time informing the Assembly of the intentions of the Committee of Ministers with regard to the specific proposals);

-       priority should be given to concise replies (concentrated on the political views of the Committee of Ministers; any technical opinions of other bodies could be added as appendices);

-       priority should be given to substance rather than procedure;

-       where Recommendations are to be examined, and the replies to them, prepared by a Rapporteur Group, care should be taken to ensure that they are given priority treatment in that Rapporteur Group's order of business;

-       a steering committee should be consulted where there is a need for technical expertise which is not available within the Secretariat.

¹ Contained in the reply to Recommendation 1567 (2002) on parliamentary scrutiny of international institutions.

² Time limit for adoption of a reply: June 2003.

³ Time limit for adoption of a reply: September 2003.

⁴ Time limit for adoption of a reply: September 2003.

⁵ Time limit for adoption of a reply: September 2003.

⁶ Time limit for adoption of a reply: September 2003.

⁷ Time limit for adoption of a reply: January 2004.

⁸ Time limit for adoption of a reply: January 2004.

⁹ Time limit for adoption of a reply: January 2004.

¹⁰ Time limit for adoption of a reply: January 2004.

¹¹ Time limit for adoption of a reply: January 2004.

¹² Time limit for adoption of a reply: January 2004.

¹³ Time limit for adoption of a reply: January 2004.

¹⁴ Time limit for adoption of a reply: January 2004.

¹⁵ Time limit for adoption of a reply: January 2004.

¹⁶ Time limit for adoption of a reply: January 2004.

¹⁷ Time limit for adoption of a reply: January 2004.

¹⁸ Time limit for adoption of a reply: April 2004.

¹⁹ Time limit for adoption of a reply: April 2004.

²⁰ Time limit for adoption of a reply: April 2004.

²¹ Time limit for adoption of a reply: April 2004.

²² Time limit for adoption of a reply: April 2004.

²³ Time limit for adoption of a reply: April 2004.

²⁴ Time limit for adoption of a reply: April 2004.

²⁵ Supplementary joint reply to Recommendations 1498 and 1499 (2001) concerning the situation in the Chechen Republic of the Russian Federation. First joint reply adopted at the 756th meeting (12-14 June 2001).

²⁶ Supplementary reply. First reply adopted at the 808th meeting (18 September 2002).

²⁷ Text approved by the Ministers’ Deputies at their 615th meeting (20 January 1998).