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8 April 1992
Doc. 6595
R E P L Y
from the Committee of Ministers
to Written Question No. 341
by Mr HOLTZ
on relations with the European Bank for
Reconstruction and Development
I. Question (6 February 1992, Doc. 6567)
Mr HOLTZ,
1. Whereas the competent committee of the Parliamentary Assembly has been informed that a draft agreement on relations between the Council of Europe and the European Bank for Reconstruction and Development (EBRD) is under consideration by the Committee of Ministers and the Governing Board of the Bank; and
2. Whereas the Parliamentary Assembly has been most active in opening up the Council of Europe to the countries in Central and Eastern Europe that have chosen the path of democratic and economic reform and has engaged in a number of activities designed to promote economic reform in these countries,
To ask the Chairman of the Committee of Ministers,
Whether he is willing to use his influence with a view to ensuring that the agreement will make adequate provision for the exchange of information and for working relations between the Assembly and the Bank and that the draft agreement be referred to the Parliamentary Assembly for opinion in accordance with Resolution (52) 26 of the Committee of Ministers.
II. Reply from the Committee of Ministers (26 March 1992)
In reply to Written Question No. 341 by Mr Holtz concerning relations with the European Bank for Reconstruction and Development (EBRD), the Committee of Ministers notes that the procedure for approval of the draft Agreement between the EBRD and the Council of Europe before the Governors of the EBRD (the Finance Ministers of the member countries) was completed at the beginning of 1992. The text of the Agreement concluded between the Committee of Ministers and the EBRD is appended. Taking account of the active role played by the Parliamentary Assembly of the Council of Europe in relations with Central and Eastern European countries which have chosen the path of democratic and economic reform, the President of the EBRD indicated his readiness to sign at a later stage an exchange of letters covering relations between the Bank and the Parliamentary Assembly. The relevant Assembly bodies will be consulted concerning the content of such an exchange of letters.
A P P E N D I X
AGREEMENT BETWEEN THE EUROPEAN BANK
FOR RECONSTRUCTION AND DEVELOPMENT
AND THE COUNCIL OF EUROPE
Whereas the purpose of the European Bank for Reconstruction and Development (the Bank) is to foster the transition towards open market-oriented economies and to promote private and entrepreneurial initiative in the Central and Eastern European countries committed to and applying the principles of multiparty democracy, pluralism and market economies;
And whereas the aim of the Council of Europe (the Council) is to achieve a greater unity between its members for the purpose of safeguarding and realising their common ideals and principles, particularly the principles of pluralist democracy, respect for human rights and the rule of law; and whereas Central and Eastern European countries are now acceding to the Council upon fulfilment of its statutory requirements and with its assistance to their political and legal reforms;
Now therefore, the two organisations, being desirous of co-operating with each other within the framework of the Agreement Establishing the Bank and the Statute of the Council, have agreed as follows:
I. Exchange of Information and Documents
1.1 Each organisation will keep the other appropriately informed of developments in its work which may be of mutual interest.
1.2 Subject to such arrangements as may be agreed upon from time to time, in particular with respect to confidential documents, the Bank and the Council will arrange for the exchange of information and documents concerning matters of mutual interest.
1.3 The Council will, in particular, make available to the Bank its intergovernmental programme of activities and its annual activity report, while the Bank will make available to the Council its annual report, its environment report and other published documents on matters of mutual interest.
II. Mutual Consultation
2.1 The Bank and the Council may consult each other whenever necessary on matters of mutual interest.
2.2 Whenever necessary, consultations will take place between representatives of the two organisations concerning any specific questions of mutual interest. High-level meetings between officials of the Bank and the Council may be arranged as required to examine questions of mutual interest in specific fields, to exchange information on each other's programmes, to review the status of co-operation and to identify projects which might suitably be carried out in common. Such meetings may be organised periodically, in particular with respect to legal affairs, political and social development, training, local government, and the environment, without prejudice to the possibility of convening similar meetings in other fields of mutual interest.
III. Attendance at Meetings
3.1 The Council may invite the Bank as a guest to meetings of the Committee of Ministers, at Ministerial level or at the level of the Ministers' Deputies, on any question of mutual interest. The Council may also, whenever appropriate, invite representatives of the Bank to participate as observers in the work of mutual interest of committees established by the Committee of Ministers, including committees established under Partial Agreements within the Council. Furthermore, they may be invited as observers to conferences of specialised ministers with which the Council has established a special working relationship, subject to the rules applicable to such conferences.
3.2 The Bank may invite the Council as a guest to annual meetings of the Board of Governors. The Bank may also, whenever appropriate, invite representatives of the Council to participate in the work of any committees of experts and advisory groups that may be established by the Bank for the consideration of points of mutual interest.
IV. Technical Co-operation
4.1 The Bank and the Council will take suitable measures to ensure close liaison and co-operation between officials of the two organisations working in fields of mutual interest. For this purpose, a senior official will be appointed by each side to follow the progress of co-operation between the two organisations and act as a point of contact in this respect.
4.2 The Bank and the Council may agree to convene under their auspices, according to arrangements to be made in each particular case, joint meetings of technical experts concerning matters of mutual interest. The manner in which measures proposed by such joint meetings may be put into effect will be determined jointly between the two organisations.
4.3 Each organisation may ask the other for its assistance in the technical study of matters of mutual interest and for the assignment of a member of its staff for a limited period to provide the necessary assistance. Any such request will be examined by the other organisation which, within the framework of its policies, programmes and rules, will make every effort to give appropriate assistance in such a manner and along such lines as may be agreed upon by the two organisations.
V. Implementation
5.1 The Bank and the Council will make appropriate administrative arrangements to ensure effective co-operation and liaison between the two organisations, and may make such supplementary arrangements for the implementation of this Agreement as may appear desirable in the light of experience.
VI. Entry into Force and Duration
6.1 This Agreement will enter into force as soon as it has been approved by both the Board of Governors of the Bank and the Committee of Ministers of the Council.
6.2 Either organisation may terminate the Agreement by giving six months' notice in writing to the other organisation.
Signed at ________________on this ____ day of ___________ 1992 1
European Bank for Council of Europe
Reconstruction and Development
1 1 To be signed on 14 April 1992 in Budapest