To the communication on the activities of the Committee of Ministers (May-September 1992)

Strasbourg, 2 October 1992 Restricted

CM(92)182

[Doc. 6672]

COMMUNICATION ON THE ACTIVITIES

OF THE COMMITTEE OF MINISTERS

(May - September 1992)

STATUTORY REPORT

3rd Part of the 44th Ordinary Session

of the Assembly

(30 September 1992 - 7 October 1992)

I. Political Developments

II. European Convention on Human Rights and European Social Charter

III. Implementation of the Intergovernmental Programme of Activities

IV. Standing Conference of Local and Regional Authorities of Europe (CLRAE)

V. Conferences of Specialised Ministers

2 October 1992

Doc. 6672

COMMUNICATION ON THE ACTIVITIES

OF THE COMMITTEE OF MINISTERS

(May - September 1992)

STATUTORY REPORT

3rd Part of the 44th Ordinary Session

of the Assembly

(30 September 1992 - 7 October 1992)

I. Political Developments

II. European Convention on Human Rights and European Social Charter

III. Implementation of the Intergovernmental Programme of Activities

IV. Standing Conference of Local and Regional Authorities of Europe (CLRAE)

V. Conferences of Specialised Ministers

- i -

CONTENTS

Page

I. Political Developments 1

1. 90th Session of the Committee of

Ministers 1

2. Special ministerial meeting of the

Committee of Ministers 1

3. Relations with European non-member States 2

4. Programmes of co-operation with and assistance

to countries of Central and Eastern Europe 3

5. Relations with the European Community 4

6. The Council of Europe and the CSCE 4

7. Other political questions 5

II. European Convention on Human Rights and

European Social Charter 6

1. European Convention on Human Rights 6

2. European Social Charter 24

III. Implementation of the Intergovernmental Programme

of Activities 25

Field I Democracy, Freedoms and the Fundamental

Rights of Human Beings 25

Field II Media and Communication 29

Field III Social and Economic Affairs 31

Field IV Education, Culture, Heritage and Sport 35

Field V Youth 45

Field VI Health 47

Field VII Management of Space and the Natural World 49

Field VIII Local Democracy 51

Field IX Legal Co-operation 52

- ii -

Page

IV. Partial Agreements 58

1. Partial agreement in the social and public

health field 58

2. Pompidou Group 58

3. Social Development Fund 59

4. European Pharmacopoeia 60

5. Partial Agreement instituting the European Support

Fund for the co-production and distribution of

creative cinematographic and audio-visual works

"EURIMAGE" 60

6. European Centre for Global Interdependence

and Solidarity 61

7. European Commission for Democracy through Law 62

8. European Youth Card 63

V. Standing Conference of Local and Regional

Authorities of Europe (CLRAE) 64

VI. Conferences of Specialised Ministers 65

A. Conferences held from 1 May to 30 September 1992 65

B. Forthcoming Conferences 68

VII. Action taken on texts adopted by the Assembly <*>

VIII. Texts adopted by the Committee of Ministers <*>

IX. Chart of signatures and ratifications of European

Treaties (covering the period between 1 May to

25 September 1992) <*>

<*> See the Addendum to the present report.

I. POLITICAL DEVELOPMENTS

1. 90th Session of the Committee of Ministers

(Strasbourg, 7 May 1992)

The high point of the 90th Session of the Committee of Ministers1, which took place on 7 May 1992 in Strasbourg with Mr René FELBER, President of the Swiss Confederation, in the Chair, was the ceremony at which Bulgaria acceded to the Council of Europe.

On the occasion of this Session the Minister for Foreign Affairs of Estonia, Mr Jaan MANITSKI, as well as the Ambassadors Adolfas VENSKUS, on behalf of Lithuania and Aina ABOLS, on behalf of Latvia, deposited the instruments of accession of their countries to the European Cultural Convention.

2. Special Ministerial Meeting of the Committee of Ministers

(Istanbul, 10-11 September 1992)

The Special Ministerial Meeting2 was convened in Istanbul on the initiative of Mr Hikmet ÇETIN, Minister of Foreign Affairs of Turkey, Chairman of the Committee of Ministers, among other things as a follow-up to the visit he had undertaken from 14 to 19 July 1992, together with the Secretary General, to the capitals of four countries of the Commonwealth of Independent States (Kazakhstan, Kyrgyzstan, Uzbekistan and Ukraine) and Georgia. Ministers from all countries of the CIS and Georgia were invited to an exchange of views held on 10 September. All attended, with the sole exception of Tajikistan. The second day of the meeting (11 September), at which participation was limited to member States, had on its agenda the following subjects:

- Follow-up to the exchange of views in Istanbul on

10 September 1992 with leading political personalities from the Republics of the Commonwealth of Independent States (CIS) and Georgia

- Relations between the Council of Europe and the CSCE, in the light of the third meeting of CSCE Heads of State and Government

(Helsinki, 9-10 July 1992)

- Role of the Council of Europe in a changing Europe, bearing in mind the proposals made in Strasbourg by President Mitterrand on 4 May 1992 and, in particular, the holding of a meeting of Heads of State and Government in 1993

- The situation in former Yugoslavia

On the occasion of this Special Ministerial Meeting, a Declaration on the conflict in former Yugoslavia was adopted by the Ministers present3.

The meeting was attended by high-level representatives of the European Community (Abel MATUTES, member of the European Commission) and of the European Bank for Reconstruction and Development (EBRD) (Miklos NEMETH, Vice-President).

3. Relations with European non-member States

a. Albania

On 4 May 1992, the Government of the Republic of Albania addressed a letter to the Secretary General of the Council of Europe, expressing the wish to be invited to become a member of the Organisation and declaring its readiness to respect the principles stated in Article 3 of the Statute. The Committee of Ministers adopted, on 21 May 1992, Resolution (92) 9 on Albania4, inviting the Assembly to express its opinion on this matter.

On 25 June 1992, Albania became a Contracting Party to the European Cultural Convention.

b. Russian Federation

At the 90th Session of the Committee of Ministers, the Ministers held an exchange of views with their colleague from the Russian Federation, Mr Andrei V. KOZYREV, on political developments in that country and the future of pan-European co-operation. On this occasion, the latter presented his country's application to join the Council of Europe. On 25 May 1992, the Committee of Ministers adopted Resolution (92) 27 on the Russian Federation5, inviting the Assembly to express its opinion on this matter.

c. Slovenia

At their 478th meeting (June 1992), the Ministers' Deputies decided to "invite the Republic of Slovenia to become a Contracting Party" to the European Cultural Convention and a number of other European Conventions and Agreements in the fields of culture, education, heritage and sport. On 2 July 1992, Slovenia became a Contracting Party to ten Conventions in these fields.

Moreover, at their 480th meeting (September 1992), the Ministers' Deputies invited Slovenia to become a Contracting Party to a number of Conventions in the legal and public health fields.

d. Ukraine

On 14 July 1992, the Government of the Republic of Ukraine addressed a letter to the Secretary General of the Council of Europe, expressing the wish to be invited to become a member of the Organisation and declaring its readiness to respect the principles stated in Article 3 of the Statute. The Committee of Ministers adopted, on 23 September 1992, Resolution (92) 29 on Ukraine6, inviting the Assembly to express its opinion on this matter.

4. Programmes of co-operation with and assistance to countries of Central and Eastern Europe

Meetings in Strasbourg early in the year with delegations of senior officials from Estonia, Latvia and Lithuania have helped to speed up co-operation with these countries, with a view to optimising conditions for their integration into the organisation.

Meetings were held in the spring with delegations from Armenia, Azerbaijan, Belarus, Moldova, Russia and Ukraine, as a result of which possible areas for co-operation were identified.

Secretariat delegations undertook working visits to Slovenia, Croatia and Albania, from which a number of co-operation projects with these countries emerged.

All these developments, and other political developments mentioned above, have led to the gradual expansion and constant strengthening of the co-operation and assistance programmes, which now encompass practically all the countries of Central and Eastern Europe and are truly pan-European.

Following the political developments in Europe which resulted in an increased political dialogue with new partner countries in 1992, the Council of Europe has been confronted with an increasing number of new requests for participation in co-operation and assistance programmes. Although it has been possible to finance the initial phase of dialogue within the framework of the existing budget, the expansion of the programmes will put an additional strain on the budgetary resources available for this co-operation. Thus in the light of the discussion at the 90th Session of the Committee of Ministers on 7 May 1992, the Ministers' Deputies, at their 476th meeting (May 1992), have invited the Secretary General to make proposals, in the framework of the examination of the draft budget for 1993, for specific supplementary assistance programmes in support of the democratic reforms in the States situated in the territory of the former Soviet Union.

At the same time, the intensification of reforms in the most advanced countries has been matched by an increasing demand for training for senior officials and representatives of the new democratic institutions. This has resulted in a gradual progression from the provision of simple legislative assistance and legal expertise to an increasing involvement in training. Specific training programmes on a modest scale have been undertaken in the legal and local authority fields, as well as for media professionals and supervisory staff for disabled persons.

These activities are still very limited in scope, which is why the Secretary General has taken the initiative of proposing two new programmes relating to the development of law and local democracy. These programmes, known as the "Themis" and "Lode" programmes, are currently being finalised and should be fully operational at the beginning of 1993, on condition that sufficient financial resources can be mobilised for a triennial programme through the budget of the Council of Europe, as well as through additional contributions from member States or non-member States and other international institutions.

For information, a complete list of the various activities and projects initiated or carried out up to now, within the context of co-operation and assistance programmes, is contained in document SG/INF (92) 3.

5. Relations with the European Community

The Commission of the European Communities was represented at the 90th Session of the Committee of Ministers, held on 7 May 1992, and at the Special Meeting of the Committee of Ministers held in Istanbul on 10 and 11 September 1992. Mr Matutes, a member of the Commission, emphasised on this occasion the considerable impact of reforms in the legal sphere on the investments which might be effected in those countries, and the essential role to be played here by the Council of Europe. He also recalled that the Commission of the European Communities was entirely disposed to co-operate with the Council of Europe in this area. The Commission was in fact represented at a preliminary meeting on the "Themis" plan for the development of law on 9 and 10 April 1992, and also at meetings on training centres for municipal and regional staff on l6 and l7 April and on 9 and 10 June respectively. The Secretariat of the Council of Europe, for its part, attended the meeting in Tirana on 22 and 23 July 1992 of the G-24, organised by the Commission, on the co-ordination of aid to Albania.

6. The Council of Europe and the CSCE

The Helsinki CSCE Summit of 9 and 10 July 1992 confirmed the concept that has underlain the CSCE structure from the outset: that security is based not only on military and political considerations but also on the "Human Dimension", primarily the protection of human rights, and on economic development. These three elements are universally considered indispensable to the CSCE and have therefore been reflected in the structure of the various documents and the establishment of the various CSCE institutions since the Paris Summit in November 1990.

With regard to the relations between the CSCE and the Council of Europe the Helsinki document contains various references. The first part of the document, the "Summit Declaration", welcomes the rapid adaptation of European and transatlantic institutions and organisations which are increasingly working together to face up to the challenges before us. In this context "the Council of Europe is elaborating its own programme for new democracies, opening up to new members and is co-operating with the CSCE in the human dimension". No previous CSCE document has made such a clear reference to the CSCE's co-operation with the Council of Europe.

The second part of the document, the "Helsinki decisions", contains various references to practical co-operation in particular with the Warsaw Office for Democratic Institutions and Human Rights (ODIHR). The Office will assist activities in the field of the Human Dimension, including the building of democratic institutions by "consulting and co-operating with relevant bodies of the Council of Europe and those associated with it, and examining how they can contribute, as appropriate, to the ODIHR's activities. The ODIHR will also, at the request of participating States, supply them with information about programmes within the framework of the Council of Europe which are open to all participating States."

Furthermore, the Council of Europe and the European Commission for Democracy through Law will be encouraged to attend and make contributions to regular implementation meetings on human dimension issues organised by the ODIHR.

In underlining the importance of democracy at a local and regional level, the CSCE participating States also welcomed "the Council of Europe information and education network in this field". Referring to education, the participating States "would welcome, in view of the importance of education as to the dissemination of the ideas of democracy, human rights and democratic institutions, especially in a period of change, the organisation to this end of a seminar entitled: "Education: Structures, Policies and Strategies" by the Council of Europe, open to all participating States."

In the Conclusions of the Chair of the Special Ministerial Meeting of the Committee of Ministers in Istanbul, 10 and 11 September 1992, it was stated: "We welcomed the results of the third meeting of the CSCE Heads of State or Government (Helsinki, 9-10 July 1992) and the evolution of the CSCE's relations with the Council of Europe ... we invited the Governments of Council of Europe member States to contribute to strengthening links between the Council of Europe and the CSCE, together with its ODIHR, particularly through active participation in CSCE meetings in areas where the Council of Europe has gained specific experience.

We recommend that the representatives of our governments on CSCE bodies draw attention to the Council of Europe's achievements and potential and, wherever this seems appropriate, ensure that our Organisation be invited to contribute to CSCE activities.

We further invite the Secretary General, under conditions defined by the Committee of Ministers, to support, whenever possible and at the request of the releveant CSCE institutions, its activities in participating States, such as visits by observers or rapporteurs.

We also requested the Secretary General to make, in the interests of complementarity and co-operation between the Council of Europe and the CSCE, proposals for special enlarged agreements, making it possible to associate CSCE countries not members of the Council of Europe."

7. Other political questions

a. Institutional role of the Council of Europe

The Deputies' Working Party continued its work on the subject of the institutional role of the Council of Europe, holding its most recent meeting on 16 June 1992. This subject was also on the agenda of the meeting of the Joint Committee held in Budapest on 1 July 1992.

II. EUROPEAN CONVENTION ON HUMAN RIGHTS AND EUROPEAN SOCIAL CHARTER

1. European Convention on Human Rights

a. Signature

On 7 May 1992 Bulgaria signed the European Convention on Human Rights as completed by Protocols Nos. 2, 3, 5 and 8 to the Convention.

b. Protocols to the European Convention on Human Rights

The Protocol to the European Convention on Human Rights, Protocol No. 4 and Protocol No. 7 were signed subject to ratification on 14 September 1992 by Poland.

Protocol No. 9 was ratified by Czechoslovakia on 7 May 1992 and by Luxembourg on 9 July 1992. It was signed subject to ratification on 11 May 1992 by the Netherlands, on 22 May 1992 by Germany, and on 14 September 1992 by Poland.

Protocol No. 10 was ratified by Malta on 7 May 1992, by Czechoslovakia on 26 June 1992 and by Finland on 21 July 1992. It was signed subject to ratification on 7 May 1992 by Austria, on 7 July 1992 by San Marino, on 22 July 1992 by Portugal, and on 14 September 1992 by Poland.

c. Acceptance of the optional clauses provided for by Articles 25 and 46 of the Convention

Belgium renewed for a period of five years as from 30 June 1992 the Commission's competence to deal with individual applications (Article 25 of the Convention). Belgium also renewed for a period of five years as from 29 June 1992 its acceptance of the compulsory jurisdiction of the Court (Article 46 of the Convention).

Cyprus renewed for the period from 1 August 1992 to 31 July 1995 its declaration of acceptance of the Commission's competence to deal with individual applications brought by individuals claiming to be victims of a violation of the rights provided for in Protocol No. 4 to the Convention by reason of any act or decisions, of any facts or events occurring after 31 July 1992.

Malta renewed for a period of five years as from 1 May 1992 its declaration of acceptance of the competence of the Commission (Article 25 of the Convention) and of the jurisdiction of the Court (Article 46 of the Convention).

Norway renewed for a period of five years as from 29 June 1992 its declaration of acceptance of the competence of the Commission (Article 25 of the Convention, Article 6.2 of Protocol No. 4 and Protocol No. 7) and of the compulsory jurisdiction of the Court (Article 46 of the Convention and Protocol No. 4 to the Convention.

By letter notified by the Secretary General to all member States of the Council of Europe on 15 June 1992 Turkey declared that it recognised the Commission's competence to deal with applications containing allegations with regard to acts or omissions of the Turkish public authorities committed within the boundaries of Turkey's national territory. This declaration extends to allegations concerning facts, including judgments based on these facts, that occurred after 28 January 1987. This declaration replaces the one made on 28 January 1990 and is valid until 27 January 1993.

Application of Article 54 of the European Convention on Human Rights

- THE OBSERVER AND GUARDIAN CASE

The case originated in an application against the United Kingdom lodged with the European Commission of Human Rights on 27 January 1988, under Article 25 of the Convention, by two companies incorporated in England, The Observer Ltd and Guardian Newspapers Ltd, and five British citizens, Mr Donald Trelford, Mr David Leigh, Mr Paul Lashmar, Mr Peter Preston and Mr Richard Norton-Taylor, who complained that interlocutory injunctions, in force from July 1986 to October 1988, restrained them from publishing details of unauthorised memoirs alleging unlawful conduct by the Security Service and information obtained from their author, a former employee of the Service.

In its judgment of 26 November 1991, the Court inter alia held unanimously that there had been a violation of Article 10 during the period from 30 July 1987 to 13 October 1988 and that the United Kingdom was to pay, within three months, to the applicants jointly the sum of £100 000, together with any value-added tax that may be chargeable, for costs and expenses.

In its Resolution DH (92) 17 of 15 May 1992, the Committee of Ministers declared, after having satisfied itself that the Government of the United Kingdom has paid the applicants, on 18 December 1991, the sum provided for in the judgment of 26 November 1991, that it had exercised its functions under Article 54 of the Convention in this case.

- THE SUNDAY TIMES No. 2 CASE

The case originated in an application against the United Kingdom lodged with the European Commission of Human Rights on 31 July 1987, under Article 25 of the Convention, by Times Newspapers Ltd, a company incorporated in England, and Mr Andrew Neil, a British national, who complained that interlocutory injunctions restrained them between July 1987 and October 1988 from publishing details of unauthorised memoirs alleging unlawful conduct by the Security Service and information obtained from their author, a former employee of the Service.

In its judgment of 26 November 1991, the Court inter alia held unanimously that there had been a violation of Article 10 of the Convention and that the United Kingdom was to pay, within three months, to the applicants jointly the sum of £100 000, together with any value added tax that may be chargeable, for costs and expenses.

In its Resolution DH (92) 18 of 15 May 1992, the Committee of Ministers declared, after having satisfied itself that the Government of the United Kingdom has paid the applicants, on 18 December 1991, the sum provided for in the judgment of 26 November 1991, that it had exercised its functions under Article 54 of the Convention.

- THE MARGARETA AND ROGER ANDERSSON CASE

The case originated in an application against Sweden lodged with the European Commission of Human Rights on 13 February 1987, under Article 25 of the Convention by Mrs Margareta Andersson and her son Roger Andersson, Swedish nationals, who complained of the taking of Roger into public care, the maintenance in force of the care order, his placement in a foster home and the restrictions imposed on their access to each other, including communications by correspondence and telephone.

In its judgment of 25 February 1992, the Court inter alia held, by eight votes to one, that there had been a violation of Article 8 of the Convention and, unanimously, that Sweden was to pay, within three months, to each of the applicants 50 000 Swedish crowns for non-pecuniary damage and to the applicants jointly 125 000 Swedish crowns for legal fees and expenses.

In its Resolution DH (92) 19 of 15 May 1992, the Committee of Ministers declared, having satisfied itself that the Government of Sweden has paid on 17 March 1992 to the applicants the sums provided for in the judgment of 25 February 1992, that it had exercised its functions under Article 54 of the Convention in this case.

- THE KOSTER CASE

The case originated in an application against the Netherlands lodged with the European Commission of Human Rights on 31 March 1987, under Article 25 of the Convention, by Mr Jacobus Petrus Koster, a Dutch national, who complained that he had not been brought "promptly" before the Military Court when as a conscript he was placed in detention on remand during military manoeuvres.

In its judgment of 28 November 1991, the Court unanimously inter alia held that there had been a violation of paragraph 3 of Article 5 and that the Netherlands were to pay to the applicant, within three months, 11 626 guilders, less 9 382,50 French francs in respect of costs and expenses.

Subsequently the Government of the Netherlands gave the Committee of Ministers the following information about the measures taken in consequence of the Court's judgment:

"The directive of 21 March 1983 governing the bringing before a judicial authority of military personnel in custody, laid down inter alia as a consequence of the Court's judgment in the case of De Jong, Baljet and Van den Brink (see Resolution DH (84) 7 of 7 December 1984), provides that the accused must appear before the Military Court within four days of his arrest. In the present case this time limit was exceeded by one day because of exceptional circumstances. The Government of the Netherlands will take the necessary measures to ensure compliance with the directive of 21 March 1983 in cases similar to the Koster case.

The sum awarded to the applicant by the Court was paid on 24 February 1992."

In its Resolution DH (92) 20 of 15 May 1992, the Committee of Ministers declared, after having taken note of the above-mentioned information, that it had exercised its functions under Article 54 of the Convention.

- THE CASE OF S. AGAINST SWITZERLAND

The case originated in two applications against Switzerland lodged with the European Commission of Human Rights on 18 November 1986 and 28 May 1988 under Article 25 of the Convention by Mr S., a Swiss national, who complained of restrictions on free communication with his lawyer while remanded in custody.

In its judgment of 28 November 1991, the Court inter alia held unanimously that there had been a violation of paragraph 3 (c) of Article 6 and that the respondent State was to pay the applicant within three months 2 500 Swiss francs for non-pecuniary damage and 12 500 Swiss francs for costs and expenses.

In its Resolution DH (92) 21 of 15 May 1992, the Committee of Ministers declared, after having satisfied itself that the Government of Switzerland has paid the applicant on 28 January 1992 the sums provided for in the judgment of 28 November 1991, that it had exercised its functions under Article 54 of the Convention in this case.

- THE THYNNE, WILSON AND GUNNELL CASE

The case originated in three applications against the United Kingdom lodged with the European Commission of Human Rights on 3 June 1985, 1 September 1985 and 24 April 1985 under Article 25 of the Convention by Mr Michael Keith Thynne, Mr Benjamin Wilson and Mr Edward James Gunnell, British nationals, who complained of the absence under United Kingdom law of a judicial procedure to determine the continued lawfulness of their detention pursuant to a discretionary life sentence or in the case of the two last applicants their re-detention following release on licence.

In its judgment of 25 October 1990 the Court inter alia held, by eighteen votes to one, that there had been a violation of Article 5, paragraph 4, of the Convention in the case of all three applicants, by eighteen votes to one, that there had been a violation of Article 5, paragraph 5, in the case of Mr Wilson and, unanimously, that the United Kingdom was to pay to the applicants, in respect of costs and expenses, the sums resulting from the calculations to be made in accordance with paragraph 87 of the judgment.

The Government of the United Kingdom subsequently gave the Committee of Ministers the following information about the measures taken in consequence of the Court's judgment.

"The Criminal Justice Act 1967 was amended by the Criminal Justice Act 1991 which will be brought into force as from October 1992. Under Section 34 of the 1991 Act, a discretionary life prisoner will henceforth be able to require the Secretary of State to refer his case to the Parole Board at any time after he has served the relevant part of his sentence as specified by the sentencing Court and, where there has been a previous reference of his case to the Board, after the end of a period of two years beginning with the disposal of that reference. If the Parole Board directs the release of a discretionary life prisoner, it shall be the duty of the Secretary of State to release him. Under Section 39 of the Act the Secretary of State will also be under the duty to order the immediate release on licence of a person whose release on licence was revoked and who was recalled to prison, if the Parole Board so directs.

According to Section 32 (5) the Secretary of State may make rules with respect to the proceedings of the Parole Board. It is intended that provision will be made in such rules for oral hearings before the Parole Board and for the disclosure to discretionary life prisoners of adverse material which the Board has in its possession, both in respect of prisoners where the relevant part of their sentence has expired and whose cases are referred to the Board under section 34 and in respect of such prisoners who have been recalled after release on licence and whose cases are referred to the Board under section 39. These rules will be brought into force with the relevant provisions of the 1991 Act, in October 1992.

In view of the above the Government of the United Kingdom considers that it has taken the measures required as a result of the finding of a violation by the Court of Article 5, paragraph 4, of the Convention.

The Government of the United Kingdom considers that, provided the national law complies with the States' obligations under Article 5, paragraphs 1 to 4, of the Convention, no question of an "enforceable right to compensation" arises since Article 5, paragraph 5, does not require in itself that paragraphs 1 to 4 of Article 5 be incorporated into domestic law. As the Government of the United Kingdom is not incorporating the Convention as such into British law, and is not obliged to do so, it follows that there is no basis on which it could legislate for Article 5, paragraph 5, of the Convention.

The costs and expenses of Mr Thynne (£3 707,58) were paid on 7 November 1990. The costs and expenses of MM. Wilson and Gunnell (£17 923,87) were paid on 28 November 1990."

In its Resolution DH (92) 24 of 15 June 1992, the Committee of Ministers declared, after having taken note of the above-mentioned information, that it had exercised its functions under Article 54 of the Convention.

- THE KOENDJBIHARIE CASE

The case originated in an application against the Netherlands lodged with the European Commission of Human Rights on 18 March 1985 under Article 25 of the Convention, by Mr Jonas Mohamed Rafiek Koendjbiharie, a Dutch national, who complained that a decision concerning extension of his psychiatric confinement was taken more than four months after the lodging of the relevant application.

In its judgment of 25 October 1990 the Court held inter alia that there had been a violation of Article 5, paragraph 4, of the Convention as the Court of Appeal of The Hague failed to rule "speedily" and that the Netherlands were to pay to the applicant the sum of 18 989,62 guilders less 12 397,50 French francs in respect of costs and expenses.

The Government of the Netherlands subsequently gave the Committee of Ministers the following information about the measures taken in consequence of the Court's judgment.

"The Act of 19 November 1986, which came into force on 1 September 1988, amended the Criminal Code with regard to the special provisions applying to persons suffering from a mental deficiency or mental illness that are placed by the judge at the Government's disposal for treatment.

Under section 509 (t), paragraph 1, of the Criminal Code read in the light of Section 509 (o), paragraph 1, the Court to which an application for prolongation of the confinement has been submitted by the crown prosecutor must give a decision not later than two months after expiry of the current or preceding hospital order.

The sole exception to this rule is laid down in section 509 (t), paragraph 2 of the Criminal Code, which grants the Court, subject to certain conditions, a further period of three months within which to decide on the application for a prolongation.

Furthermore, section 509 (v), paragraph 1, of the Criminal Code provides that the person placed at the Government's disposal has henceforth the possibility of lodging an appeal against the extension decision, except if the extension was granted for the first time and for one year only.

The Government of the Netherlands is of the view that the existence of this option of appeal will ensure compliance with the time limits specified above since the Arnhem Court of Appeal will have to determine the consequences to be drawn from any non compliance with the said time limits taking into account inter alia the judgment that the Court delivered in the present case.

The sum awarded to the applicant by the Court was paid on 28 November 1990."

In its Resolution DH (92) 25 of 15 June 1992, the Committee of Ministers declared, after having taken note of the above-mentioned information, that it had exercised its functions under Article 54 of the Convention.

- THE MOTTA, MANZONI, PUGLIESE I, ALIMENA, FICARA, VIEZZER, ANGELUCCI, MAJ, GIROLAMI, FERRARO, TRIGGIANI, MORI, COLACIOPPO AND ADILETTA CASES

The cases originated in 16 applications against Italy lodged with the European Commission of Human Rights between 1985 and 1988, under Article 25 of the Convention, by 16 Italian nationals who complained of the excessive length of criminal proceedings instituted against them. Mr Motta also complained of the excessive length of civil proceedings and Mr Alimena complained of a violation of the rights of the defence.

In its judgments of 19 February 1991 the Court held unanimously that in all the cases there had been a violation of Article 6, paragraph 1, of the Convention, as well as a violation of Article 6, paragraph 3 (c) of the Convention in the Alimena case and that the Government of Italy was to pay to the applicants a sum totalling 441 218 600 lire and 743 French francs in respect of just satisfaction (with the exception of the Pugliese I case, where the Court held that the judgment constituted in itself sufficient just satisfaction for the purposes of Article 50).

The Government of Italy subsequently gave the Committee of Ministers the following information about the measures taken in consequence of the Court's judgments.

"The new Code of Criminal Procedure, which came into force on 24 October 1989, abolished the "investigating judge" and conferred powers of investigation upon the public prosecutor, to whom the criminal police are strictly subordinate. The control of the lawfulness of the preliminary investigation has been conferred upon a judge who, without any initiative in the taking of evidence, may authorise all measures of investigation interfering with individual freedoms (detention, judicial supervision, telephone tapping, seizures, etc.) and who decides, at the end of the preliminary investigation, whether the person charged should be committed for trial or discharged or whether the proceedings should be withdrawn.

It is to be noted that the prosecution has only six months to institute criminal proceedings. An extension of preliminary investigations may be granted by the judge for periods not exceeding six months, provided that the total length of the investigation is not longer than 18 months or exceptionally two years in cases concerning particularly serious offences, specifically listed, or cases requiring numerous and complex investigations or measures to be taken abroad.

At the end of the preliminary investigation, when the public prosecutor requests the judge to bring the case before the Court, the decision taken by the judge at the so-called preliminary hearing results in the committal for trial and at the same time in the fixing of a date for the hearing, after the parties and the competent juridiction have been consulted. The proceedings before the trial court are adversarial, evidence being taken orally following the English system of cross examination.

In order to reduce the duration of procedures, the new Code of Criminal Procedure also set up simplified procedures with a view either to avoiding hearings before the trial court: abridged judgments (giudizio abbreviato) or proceedings by decree (procedimento per decreto) or to avoiding preliminary hearings: direct judgments (giudizio direttissimo) or immediate judgments (giudizio immediato). Furthermore, if legal conditions are met, the person charged and the public prosecutor may ask the competent judge to apply a penalty upon request (applicazione della pena su richiesta or pattegiamento). This request implies proposing to the judge of preliminary investigations or to the trial court the imposition of a given penalty, including a prison term of up to two years. Since the coming into force of the Code of Criminal Procedure, 50% of the new cases have been terminated speedily by application of the procedure of penalty upon request.

Finally, the Italian Court of Cassation made certain internal reforms with a view to reducing the average length of the proceedings dealing with criminal appeals. By way of an example, whereas the criminal appeals pending on 30 June 1987 still numbered around 55 000, at the end of May 1991 they numbered 14 713; the Court of Cassation, having decided 44 811 appeals in 1990, has caught up on its backlog.

The Italian authorities hope that, after a transitional period of coexistence of the old and new systems, the implementation of the new Code of Criminal Procedure will ensure that in future criminal proceedings will lead to judgments delivered within a reasonable time within the meaning of Article 6, paragraph 1, of the Convention.

Furthermore, an Act dated 17 January 1992 provided for a budgetary appropriation of 252 000 million lire (approximately one billion French francs) in order to finance urgent measures in support of information systems and the structures, means and services of the administration of justice."

The just satisfaction awarded by the Court was paid on: 9 March 1992 (Motta case), 14 February 1992 (Manzoni case), 10 July 1991 (Alimena case), 5 February 1992 (Ficara case), 31 January 1992 (Viezzer case), 26 February 1992 (Angelucci case), 25 February 1992 (Maj case), 7 February 1992 (Girolami case), 24 January 1992 (Ferraro case), 6 February 1992 (Triggiani case), 7 February 1992 (Mori case), 4 February 1992 (Colacioppo case) and 21 February 1992 (Adiletta case).

In its Resolutions DH (92) 26 to DH (92) 39 of 15 June 1992 the Committee of Ministers declared, after having taken note of the above-mentioned information, that it had exercised its functions under Article 54 of the Convention.

- THE HUVIG CASE

The case originated in an application against France lodged with the European Commission of Human Rights on 9 August 1984 under Article 25 of the Convention, by Mr Jacques Huvig and Mrs Janine Huvig-Sylvestre, French nationals, who complained of telephone tapping carried out during a criminal procedure instituted against them.

In its judgment of 24 April 1990 the Court held unanimously that there had been a violation of Article 8 of the Convention and that it was unnecessary to apply Article 50.

The Government of France subsequently gave the Committee of Ministers the following information about the measures taken in consequence of the Court's judgment.

"The Act of 10 July 1991 concerning the secrecy of telecommunications, which came into force on 1 October 1991, added an Article 100 to the Code of criminal procedure relating to interceptions ordered by the judiciary.

Under Article 100-1 the investigating judge may, if the apposite penalty is equal or superior to two years imprisonment and when the investigation requires it, order the interception, recording and transcription of telecommunications. The decision to intercept, which must be taken in writing, is not of a judicial nature and cannot be appealed. Article 100-1 specifies that this decision must contain all elements permitting identification of the line to be intercepted and state the offence which justifies recourse to interception. In addition it must specify its duration which Article 100-2 sets for a maximum period of four months, renewable only accordingly to the same conditions.

Article 100-4 provides that each interception and recording operation must be mentioned on a record which states the day and hour on which it started and those when it was terminated.

The transcription of a communication which is of evidential value must also be recorded in accordance with Article 100-5. This record becomes part of the file.

Article 100-6 provides that the recordings will be destroyed on the initiative of the prosecution after expiry of the time limit for bringing a prosecution and that such destruction be recorded.

Finally, under the terms of Article 100-7, no telephone line to a lawyer's office or his home may be intercepted without the President of the Bar having been previously informed by the investigating judge."

In its Resolution DH (92) 40 of 15 June 1992, the Committee of Ministers declared, after having taken note of the above-mentioned information, that it had exercised its functions under Article 54 of the Convention.

- THE KRUSLIN CASE

The case originated in an application against France lodged with the European Commission of Human Rights on 16 October 1985 under Article 25 of the Convention, by Mr Jean Kruslin, a French national, who complained of telephone tapping carried out during a criminal procedure instituted against him.

In its judgment of 24 April 1990 the Court inter alia held unanimously that there had been a violation of Article 8 of the Convention and that the respondent State was to pay the applicant 20 000 French francs in respect of costs and expenses.

The Government of France subsequently gave the Committee of Ministers the following information about the measures taken in consequence of the Court's judgment.

Article 100-4 provides that each interception and recording operation must be mentioned on a record which states the day and hour on which it started and those when it was terminated. The transcription of a communication which is of evidential value must also be recorded in accordance with Article 100-5. This record becomes part of the file.

Article 100-6 provides that the recordings will be destroyed on the initiative of the prosecution after expiry of the time limit for bringing a prosecution and that such destruction be recorded.

The sum awarded to the applicant by the Court was paid on 30 August 1991."

In its Resolution DH (92) 41 of 15 June 1992, the Committee of Ministers declared, after having taken note of the above-mentioned information, that it had exercised its functions under Article 54 of the Convention.

- THE EZELIN CASE

The case originated in an application against France lodged with the European Commission of Human Rights on 16 October 1985 under Article 25 of the Convention, by Mr Roland Ezelin, a French national, who complained that he had been imposed a disciplinary sanction as an avocat because he had not dissociated himself from a public demonstration in which protests were made against judicial decisions and had refused to give evidence to the investigating judge.

In its judgment of 26 April 1991, the Court inter alia held, by six votes to three, that there had been a violation of Article 11 and, unanimously, that the respondent State was to reimburse the applicant 40 000 French francs for costs and expenses.

In its Resolution DH (92) 42 of 15 June 1992, the Committee of Ministers, having satisfied itself that the Government of France had paid the applicant on 6 April 1992 the sum provided for in the judgment, declared that it had exercised its functions under Article 54 of the Convention.

- THE OBERMEIER CASE

The case originated in an application against Austria lodged with the European Commission of Human Rights on 24 September 1985 under Article 25 of the Convention by Mr Karl Obermeier, an Austrian national, who complained that the jurisdictions called upon to rule on the lawfulness of a suspension and a dismissal were not courts within the meaning of Article 6, paragraph 1 of the Convention and of the length of the proceedings relating thereto.

In its judgment of 28 June 1990 the Court inter alia held unanimously that there had been a violation of Article 6, paragraph 1, of the Convention and that the respondent State was to pay to Mr Obermeier, in respect of non-pecuniary damage, 100 000 Austrian schillings and, for costs and expenses, 100 000 schillings.

The Government of Austria subsequently gave the Committee of Ministers the following information about the measures taken in consequence of the Court's judgment.

"The Disabled Persons (Employment) Act 1970 was amended by an Act dated 26 June 1992, which came into force on 1 July 1992.

Appeals from the Disabled Persons Board's decisions with regard to the prior authorisation necessary for any valid dismissal of a disabled person will no longer be heard by the Provincial Governor, whom the Court held not to be an independent tribunal within the meaning of Article 6, paragraph 1, of the Convention.

Section 13 of the Disabled Persons (Employment) Act as amended in June 1992 provides for the setting up of an independent Appeals Board which will deal on a national level with all appeals brought against the decisions taken by the Disabled Persons Board in first instance.

The decisions taken by the Appeals Board may be challenged both in the Administrative Court and in the Constitutional Court.

Its composition will be that of a joint Board that is a judge acting as president and four lay assessors, of which two put forward by the Federal Chamber of Commerce, one by the Federal Chamber of Workers and Employees and one by an Association of disabled persons. The members of the Board will be nominated by the Minister of Justice for a period of five years, renewable. The joint composition of the Board ensures independence and impartiality and its procedure will comply with the requirements set out in Article 6, paragraph 1, of the Convention.

The sums awarded by the Court by way of just satisfaction were paid on 21 August 1990."

In its Resolution DH (92) 51 of 17 September 1992, the Committee of Ministers declared, after having satisfied itself that the Government of Austria had paid to the applicant the sums provided for in the judgment, that it had exercised its functions under Article 54 of the Convention.

- THE BIROU CASE

The case originated in an application against France lodged with the European Commission of Human Rights on 16 September 1987 under Article 25 of the Convention by Mr Roland Birou, a French national, who complained that the length of his detention on remand had exceeded the "reasonable time" required under Article 5, paragraph 3, of the Convention.

In its judgment of 27 February 1992 the Court, having taken formal note of a friendly settlement reached by the Government of France and the applicant and having found that there were no reasons of public policy justifying the continuation of the proceedings, decided unanimously to strike the case out of its list.

Whereas under the above-mentioned friendly settlement it had been agreed that:

- the applicant would accept the sum of 30 000 French francs which would constitute full and final reparation for all the pecuniary and non-pecuniary damage as well as for the entirety of the lawyer's fees and other costs;

- the applicant would withdraw from the proceedings pending before the Court and not institute any further proceedings against France in this matter in national or international courts;

- the necessary measures to implement the terms of the friendly settlement would be taken by the French Government as soon as the Court had decided to strike the case out of the list.

In its Resolution DH (92) 52 of 17 September 1992 the Committee of Ministers, having satisfied itself that the Government of France had paid on 30 July 1992 to the applicant the sum provided for in the friendly settlement, declared that it had exercised its functions under Article 54 of the Convention in this case.

- THE LETELLIER CASE

The case originated in an application against France lodged with the European Commission of Human Rights on 21 August 1986 under Article 25 of the Convention, by Mrs Monique Letellier, a French national, who complained inter alia of the length of her pre-trial detention.

In its judgment of 26 June 1991 the Court inter alia held unanimously that there had been a violation of Article 5, paragraph 3, of the Convention and that France was to pay to the applicant, in respect of costs and expenses, 21 433 French francs.

In its Resolution DH (92) 53 of 17 September 1992 the Committee of Ministers declared, after having satisfied itself that the Government of France had paid on 28 January 1992 to the applicant the sum provided for in the judgment, that it had exercised its functions under Article 54 of the Convention.

- THE FRAU CASE

The case originated in an application against Italy lodged with the European Commission of Human Rights on 22 December 1982 under Article 25 of the Convention by Mr Aventino Frau, an Italian national, who complained of the excessive length of criminal proceedings instituted against him.

In its judgment of 19 February 1991 the Court unanimously held that there had been a violation of Article 6, paragraph 1, of the Convention and that the respondent State was to pay to Mr Frau 20 000 000 Italian lire for non-pecuniary damage.

The Government of Italy subsequently gave the Committee of Ministers the following information about the measures taken in consequence of the Court's judgment.

"The new Code of Criminal Procedure, which came into force on 24 October 1989, abolished the 'investigating judge' and conferred powers of investigation upon the public prosecutor, to whom the criminal police are strictly subordinate. The control of the lawfulness of the preliminary investigation has been conferred upon a judge who, without any initiative in the taking of evidence, may authorise all measures of investigation interfering with individual freedoms (detention, judicial supervision, telephone tapping, seizures, etc.) and who decides, at the end of the preliminary investigation, whether the person charged should be committed for trial or discharged or whether the proceedings should be withdrawn.

At the end of the preliminary investigation, when the public prosecutor requests the judge to bring the case before the Court, the decision taken by the judge at the so-called preliminary hearing results in the committal for trial and at the same time in the fixing of a date for the hearing, after the parties and the competent jurisdiction have been consulted. The proceedings before the trial court are adversarial, evidence being taken orally following the English system of cross examination.

Furthermore, an Act dated 17 January 1992 provided for a budgetary appropriation of 252 000 million lire (approximately one thousand million French francs) in order to finance urgent measures in support of information systems and the structures, means and services of the administration of justice.

The just satisfaction awarded by the Court was paid on 7 September 1992."

In its Resolution DH (92) 54 of 17 September 1992, the Committee of Ministers declared, after having taken note of the above-mentioned information, that it had exercised its functions under Article 54 of the Convention.

Application of Article 32 of the European Convention on Human Rights

- TIMES NEWSPAPERS LTD AND ANDREW NEIL AGAINST THE UNITED KINGDOM

In their application to the European Commission of Human Rights introduced on 2 February 1989, Times Newspapers Ltd and Andrew Neil complained that a judgment of the House of Lords required them to pay partial costs and to account to the Attorney General for any profits made from their publication of an extract from a book written by a former agent of the Security Service.

The Commission adopted its report in this case on 8 October 1991 expressing the opinion, by eleven votes to three, that there had been no violation of Article 10 of the Convention and, unanimously, that there had been no violation of Article 13 nor of Article 14 taken in conjunction with Article 10 of the Convention.

In its Resolution DH (92) 15 of 15 May 1992, the Committee of Ministers, agreeing with the Commission's opinion, decided that there had been no violation of Articles 10, 13 and 14 of the Convention in this case.

- JOSEF MULLER AG AGAINST SWITZERLAND

In its application to the European Commission of Human Rights introduced on 14 July 1989 the applicant company complained inter alia of the excessive length of administrative proceedings.

The Commission adopted its report in this case on 14 October 1991 expressing, by nine votes to one, the opinion that there had been no violation of Article 6, paragraph 1, of the Convention.

In its Resolution DH (92) 16 of 15 May 1992, the Committee of Ministers, agreeing with the opinion expressed by the Commission, decided that there had been no violation of Article 6, paragraph 1, of the Convention in this case.

- RADICI AGAINST ITALY

In his application to the European Commission of Human Rights introduced on 26 June 1989 Mr Pietro Radici complained of the excessive length of civil proceedings with a view to obtaining a disability pension.

The Commission adopted its report on 10 December 1991 and expressed the opinion, by seventeen votes to four, that there had been no violation of Article 6, paragraph 1, of the Convention.

In its Resolution DH (92) 22 of 15 May 1992 the Committee of Ministers, agreeing with the opinion expressed by the Commission, decided that there had been no violation of the Convention in this case.

- WOLLART AGAINST SWEDEN

In his application to the European Commission of Human Rights introduced on 30 May 1986, Mr Rolf Wollart complained that he had had no access to a Court concerning a dispute over a building permit.

The Commission adopted its report in this case on 5 March 1991 expressing unanimously the opinion that there had been a violation of Article 6, paragraph 1, of the Convention. The Commission also proposed that just satisfaction be afforded to the applicant by the Government of Sweden.

At the 462nd meeting of the Ministers' Deputies held on 27 September 1991, the Committee of Ministers, agreeing with the opinion expressed by the Commission in accordance with Article 31, paragraph 1, of the Convention, held that there had been in this case a violation of Article 6, paragraph 1, of the Convention.

On 2 April 1992 the Committee of Ministers, after having examined the proposals made by the Commission as regards just satisfaction to be awarded to the applicant, held, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Sweden was to pay the applicant within three months 10 000 Swedish crowns in respect of non-pecuniary damage and 15 000 crowns in respect of costs and expenses.

During the examination of this case, the Government of Sweden informed the Committee of Ministers that the Plan and Building Act 1987 and the Act of 21 April 1988 on judicial review of certain administrative decisions, already mentioned in Resolutions DH (90) 2, DH (90) 34 and DH (90) 35 concerning the Allan Jacobsson, Skärby and Mats Jacobsson cases, would apply to situations comparable to the one at issue in the present case.

In its Resolution DH (92) 23 of 15 June 1992, the Committee of Ministers, having satisfied itself that on 28 April 1992 the Government of Sweden paid the applicant the total sum of 25 000 crowns in respect of just satisfaction, declared, having taken note of the measures taken by the Government of Sweden, that it had exercised its functions under Article 32 of the Convention in this case.

- THE CASE OF JACOBSEN AGAINST SWEDEN

In his application to the European Commission of Human Rights introduced on 19 January 1986 Mr Carsten Jacobsen complained inter alia that he had had no access to a court concerning a dispute over a building prohibition on his property.

The Commission adopted its report in this case on 10 April 1991 expressing unanimously the opinion that there had been a violation of Article 6, paragraph 1, of the Convention. The Commission also proposed that just satisfaction be afforded to the applicant by the Government of Sweden.

At the 462nd meeting of the Ministers' Deputies held on 27 September 1991, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held that there had been in this case a violation of Article 6, paragraph 1, of the Convention.

On 15 May 1992 the Committee of Ministers, after having examined the proposals made by the Commission as regards just satisfaction to be awarded to the applicant, held, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Sweden was to pay the applicant within three months 10 000 Swedish crowns in respect of non-pecuniary damage and 35 000 Swedish crowns in respect of costs and expenses.

During the examination of the case, the Committee of Ministers was informed by the Governement of Sweden that the Plan and Building Act 1987 and the Act of 21 April 1988 on judicial review of certain administrative decisions, already mentioned inter alia in Resolution DH (92) 23 concerning the Wollart case, would apply to situations comparable to the one at issue in the present case.

In its Resolution DH (92) 43 of 17 September 1992, the Committee of Ministers, after having satisfied itself that on 18 June 1992 the Government of Sweden had paid to the applicant the total sum of 45 000 Swedish crowns in respect of just satisfaction:

- declared, after having taken note of the measures taken by the Government of Sweden, that it had exercised its functions under Article 32 of the Convention in this case;

- authorised the publication of the report adopted by the Commission in this case.

- THE CASE OF MAAS AGAINST GERMANY

In her application to the European Commission of Human Rights introduced on 23 September 1988 Mrs Berta Maas complained of the excessive length of civil proceedings.

The Commission adopted its report in this case on 31 May 1991 expressing unanimously the opinion that there had been a violation of Article 6, paragraph 1, of the Convention. The Commission also proposed that just satisfaction be afforded to the applicant by the Government of Germany.

At the 464th meeting of the Ministers' Deputies held on 18 October 1991, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held that there had been in this case a violation of Article 6, paragraph 1, of the Convention.

On 15 May 1992 the Committee of Ministers, after having examined the proposals made by the Commission as regards just satisfaction to be awarded to the applicant, held, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Germany was to pay the applicant within three months 9 000 marks in respect of non-pecuniary damage.

In its Resolution DH (92) 44 of 17 September 1992, the Committee of Ministers, after having satisfied itself that on 15 July 1992 the Government of Germany had paid to the applicant the sum of 9 000 marks in respect of just satisfaction:

- declared, having taken note of the measures taken by the Government of Germany, that it had exercised its functions under Article 32 of the Convention in this case;

- authorised the publication of the report adopted by the Commission.

- THE CASE OF AZZI AGAINST ITALY

In its Resolution DH (92) 45 of 17 September 1992 the Committee of Ministers, after having referred to the report of the European Commission of Human Rights relating to the application lodged on 21 September 1984 by Mr Giuseppe Azzi against Italy and to the content of the previous Resolutions it had adopted in this case, namely Resolution DH (91) 12 of 6 June 1991 and Resolution DH (92) 2 of 20 February 1992, noted that in execution of Resolution DH (92) 2 of 20 February 1992 the Italian authorities ordered on 30 April 1992 payment to the applicant of a total sum of 17 760 000 Italian lire by way of just satisfaction. After having satisfied itself that on 25 May 1992 the Government of Italy had placed the said sum at the applicant's disposal, the Committee of Ministers:

- declared, after having taken note of the measures taken by the Government of Italy, that it had exercised its functions under Article 32 of the Convention;

- authorised the publication of the report adopted by the Commission in this case.

- THE CASE OF LO GIACCO AGAINST ITALY

In its Resolution DH (92) 46 of 17 September 1992 the Committee of Ministers, after having referred to the report of the European Commission of Human Rights relating to the application lodged on 12 October 1983 by Mrs Saveria Lo Giacco against Italy and to the content of the previous Resolutions it had adopted in this case, namely Resolution DH (91) 13 of 6 June 1991 and Resolution DH (92) 3 of 20 February 1992, noted that in execution of Resolution DH (92) 3 of 20 February 1992 the Italian authorities ordered on 30 April 1992 payment to the applicant of a total sum of 3 million Italian lire by way of just satisfaction. After having satisfied itself that on 19 May 1992 the Government of Italy had placed the said sum at the applicant's disposal, the Committee of Ministers:

- declared, after having taken note of the measures taken by the Government of Italy, that it had exercised its functions under Article 32 of the Convention;

- authorised the publication of the report adopted by the Commission in this case.

- THE SAVOLDI CASE AGAINST ITALY

In its Resolution DH (92) 47 of 17 September 1992 the Committee of Ministers, after having referred to the report of the European Commission of Human Rights relating to the application lodged on 20 December 1982 by Mr Mario Savoldi against Italy and to the content of the previous Resolutions it had adopted in this case, namely Resolution DH (90) 11 of 14 May 1990, Resolution DH (91) 21 of 27 September 1991 and Resolution DH (92) 4 of 20 February 1992, noted that in execution of Resolution DH (92) 4 of 20 February 1992 the Italian authorities ordered on 30 April 1992 payment to the applicant of a total sum of 125 million Italian lire by way of just satisfaction.

After having satisfied itself that on 28 May 1992 the Government of Italy had placed the said sum at the applicant's disposal, the Committee of Ministers declared, after having taken note of the measures taken by the Government of Italy, that it had exercised its functions under Article 32 of the Convention.

- THE CASE OF VAN EESBEECK AGAINST ITALY

In its Resolution DH (92) 48 of 17 September 1992 the Committee of Ministers, after having referred to the report of the European Commission of Human Rights relating to the application lodged on 28 February 1985 by Mr Hans-Dieter Van Eesbeeck against Italy and to the content of the previous Resolutions it had adopted in this case, namely Resolution DH (91) 22 of 27 September 1991 and Resolution DH (92) 5 of 20 February 1992, noted that in execution of Resolution DH (92) 5 of 20 February 1992 the Italian authorities ordered on 30 April 1992 payment to the applicant of a total sum of 10 million Italian lire by way of just satisfaction. After having satisfied itself that on 28 May 1992 the Government of Italy had placed the said sum at the applicant's disposal, the Committee of Ministers:

- declared, after having taken note of the measures taken by the Government of Italy, that it had exercised its functions under Article 32 of the Convention;

- authorised the publication of the report adopted by the Commission in this case.

- THE CASE OF SALLUSTIO AGAINST ITALY

In its Resolution DH (92 49 of 17 September 1992 the Committee of Ministers, after having referred to the report of the European Commission of Human Rights relating to the application lodged on 27 July 1984 by Mr Giacomo Sallustio against Italy and to the content of the previous Resolutions it had adopted in this case, namely Resolution DH (89) 1 of 18 January 1989, Resolution DH (91) 23 of 27 September 1991 and Resolution DH (92) 6 of 20 February 1992, noted that in execution of Resolution DH (92) 6 of 20 February 1992 the Italian authorities ordered on 30 April 1992 payment to the applicant of a total sum of 12 million Italian lire by way of just satisfaction.

After having satisfied itself that on 18 May 1992 the Government of Italy had placed the said sum at the applicant's disposal, the Committee of Ministers declared, after having taken note of the measures taken by the Government of Italy, that it had exercised its functions under Article 32 of the Convention.

- THE CASE OF MINNITI AGAINST ITALY

In its Resolution DH (92) 50 of 17 September 1992 the Committee of Ministers, after having referred to the report of the European Commission of Human Rights relating to the application lodged on 1 December 1981 by Mr Pasquale Minniti against Italy and to the content of the previous Resolutions it had adopted in this case, namely Resolution DH (89) 7 of 2 March 1989, Resolution DH (91) 24 of 27 September 1991 and Resolution DH (92) 7 of 20 February 1992, noted that in execution of Resolution DH (92) 7 of 20 February 1992 the Italian authorities ordered on 30 April 1992 payment to the applicant of a total sum of 3 million Italian lire by way of just satisfaction.

After having satisfied itself that on 19 May 1992 the Government of Italy had placed the said sum at the applicant's disposal, the Committee of Ministers declared, after having taken note of the measures taken by the Government of Italy, that it had exercised its functions under Article 32 of the Convention.

2. European Social Charter

At their 110th (11-15 May 1992), 111th (29 June - 3 July 1992) and 112th (31 August - 4 September 1992) sessions, the Committee of Independent Experts of the European Social Charter continued and finalised the examination of the national reports submitted by the second group of States7 for the twelfth supervision cycle.

The Governmental Committee of the European Social Charter met from 7 to 11 September 1992. It continued and finalised the examination of the national reports submitted by the first group of States8 under the twelfth supervision cycle and the Conclusions XII-1 of the Committee of Independent Experts.

At its 5th meeting (18-20 May 1992), the Committee on the European Social Charter (CHARTE-REL) adopted a proposal concerning the periodicity of submitting reports. It also adopted a draft Additional Protocol providing for a system of collective complaints. These proposals were subsequently transmitted to the Committee of Ministers for a decision.

The Committee of Ministers, at its 479th meeting (17 September 1992), approved, for a trial period of four years, the proposal concerning the periodicity of submitting reports.

Czechoslovakia signed the Charter and its two Protocols on 27 May 1992. Moreover, Belgium signed the Additional Protocol to the Charter on 20 May 1992, the Netherlands ratified the Additional Protocol on 5 August 1992, and Austria signed the Protocol Amending the Charter on 7 May 1992.

III. IMPLEMENTATION OF THE INTERGOVERNMENTAL PROGRAMME OF ACTIVITIES

FIELD I

DEMOCRACY, FREEDOM AND THE FUNDAMENTAL RIGHTS

OF HUMAN BEINGS

"European solidarity at the service of the individual"

Committee of Ministers

The Committee of Ministers adopted, on 21 May 1992, Recommendation No. R (92) 10 on the implementation of rights of persons belonging to national minorities.9

On the same day, the Committee of Ministers adopted Resolution (92) 10 on the award of the European Human Rights Prize.10

Ad hoc Committee of Experts on the World Conference on Human Rights

This Committee met on 25 and 26 June 1992. It held an exchange of views on the aims of the World Conference on Human Rights to be organised by the United Nations in Vienna in June 1993 and on the Council of Europe's contribution to the Conference, which will be on the following topics: "Implementation of human rights, including the prevention of human rights violations" and "Democracy, development and human rights". A further meeting to prepare the Conference will take place in January 1993.

Project I.1: Human rights and genuine democracy

The second meeting of the Project Group "Human Rights and genuine democracy" (CAHDD) was held from 29 June to 1 July 1992.

The Project Group, composed of representatives from various steering committees, the Commission for Democracy through Law and the Assembly, has transmitted to the Committee of Ministers a draft research and priority action plan on this project. This plan was approved by the Ministers' Deputies at their 480th meeting, and transmitted to the Parliamentary Assembly for information.

Project I.2: Development of human rights

The Steering Committee for Human Rights (CDDH) at its 32nd meeting (18-22 May 1992) carried out, in view of its adoption at the following meeting, a thorough examination of a draft Recommendation on effective access to the law and justice for persons in situations of severe poverty.

The Committee of Experts for the Development of Human Rights (DH-DEV) held its 10th meeting from 15-19 June 1992. During this meeting the Committee considered the question of deprivation of liberty and treatment of detainees: draft Protocol to the European Convention on Human Rights concerning certain rights of persons deprived of their liberty.

Project I.3: Improving procedures for safeguarding human rights

At its 32nd meeting (18-22 May 1922) the CDDH invited its members to obtain appropriate instructions so as to permit the CDDH to take a decision at its next meeting (October 1992) on the improvement of the control system. The CDDH confirmed that it would invite the Presidents of both the Commission and Court of Human Rights for an exchange of views on this question during its next meeting.

At its 480th meeting, the Committee of Ministers adopted an interim reply, contained in the Addendum to the present report, to Assembly Recommendation 1183 (1992) on access by European non-member States to institutions operating under certain Council of Europe Conventions relating to Human Rights.

Project I.4: Equality between women and men

At its second meeting (3-5 June 1992) the Steering Committee for Equality between Women and Men (CDEG) continued preparations for the Third European Ministerial Conference on Equality between Women and Men.11

As a follow-up to the Poznan Conference on Equality between Women and Men in a Changing Europe (March 1992), the CDEG identified a number of activities which should be incorporated either into the Intergovernmental Work Programme for 1993, or in the Programmes of co-operation and assistance to the countries of Central and Eastern Europe.

The report from the Secretary General on Equality between Women and Men in the Council of Europe was warmly welcomed by the CDEG. As requested by the Committee of Ministers, the CDEG drew up observations and comments thereon. At their 480th meeting, the Committee of Ministers took note of these comments, which the Secretary General will transmit to the President of the Assembly.

During this 2nd meeting, the CDEG also considered multiculturalism in relation with equality between women and men. The Committee thought that, as a first step, the topic should be examined in depth by a select group chosen on an inter-sectorial basis from within the Organisation.

Project I.5: Legal and political aspects of the protection of

minorities

At its 32nd meeting (18-22 May 1992) the CDDH, with a view to fulfilling the terms of reference on the protection of national minorities which the Committee of Ministers had assigned to it, decided to set up a committee of experts and instructed it to prepare a report by the end of July 1993. Furthermore, the CDDH held an exchange of views with Mr Worms, member of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly on the protection of national minorities and on the proposals for a reform of the control system of the European Convention on human rights.

SERVICE ACTIVITIES

Human Rights Information Centre

Proposals on the main lines of a three-year programme in the field of human rights education and information were put forward by the Orientation Committee of the Human Rights Information Centre at its 1st meeting from 23 to 27 March 1992. The proposals will shortly be submitted to the Committee of Ministers.

Moreover, at its 32nd meeting (18-22 May 1992), the CDDH expressed its support for the priorities defined in the three-year programme and recommended that the Committee of Ministers open a special account for voluntary contributions by governments of member States for education in the field of human rights, in the States of Central and Eastern Europe, and in case of need, in other member States of the Council of Europe.

In May 1992, the award of fellowships by the Human Rights Fellowships and Grants Selection Committee (DH-SEL) were notified to 43 successful applicants out of a total of 156 candidates. In addition, 22 Grants were awarded, chosen from a list of 87 applicants.

In July 1992, Governments of member States of the Council of Europe were each invited to nominate an office in their own country to be given access to the human rights data bases (HUDOC) managed by the Human Rights Information Centre. In the near future access will also be given to at least one non-governmental office in each member State of the Council of Europe.

A number of important publications were published by or in co-operation with the Human Rights Information Centre, including:

- The Human Rights Album

- Human Rights in international law: Basic texts

- Human Rights Information Sheet No. 28 (Nov 90 to April 91)

- Human Rights Information Sheet No. 29 (May 91 to Dec 91)

Ten Information Meetings on the European Convention on Human Rights, and other subjects are organised each year. Meetings have taken place in Strasbourg, Bilbao and Barcelona. Meetings in Birmingham (October 1992), Rome (November/December 1992) and Pescara (November/December 1992) are being organised.

CONVENTIONAL ACTIVITIES

European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment12

Since May 1992, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has carried out visits to Finland and the Netherlands.

During its 13th meeting, held from 1 to 4 June 1992, the Committee decided upon the countries in which it envisages organising periodic visits during 1993. The countries are: Belgium, Greece, Iceland, Ireland, Liechtenstein, Luxembourg13, Norway and the United Kingdom.

FIELD II

MEDIA AND COMMUNICATION

"Broadening and guaranteeing the scope

of freedom of expression and information"

Project II.1: Knowledge and analysis of national policies and international developments in the media field

The Contact Group on Programme Flow (FLUX) held its 5th meeting on 12 June 1992. In the course of this meeting, the Contact Group continued its work on the finalisation of a draft questionnaire, as well as list of accompanying key definitions, designed to facilitate the measurement of the production, circulation and consumption of European audio-visual works.

The Working Party of the Co-ordinators' Committee of the MEDIALEX data base (MEDIALEX-GT) held a meeting on 22 May 1992. Set up by the Co-ordinators' Committee of the MEDIALEX data base, the Working Party examined the information submitted by national correspondents of the MEDIALEX data base concerning their experiences with the use of a specially designed input facility as well as the MEDIALEX Thesaurus. On the basis of this information, which highlighted a number of difficulties encountered by national correspondents in the pilot phase of data input, the Working Party formulated a series of proposals for the revision of the data input facility as well as of the MEDIALEX Thesaurus.

As regards the decisions taken by the Steering Committee on the Mass Media (CDMM) at its 31st meeting (16-18 June 1992) which are relevant to the areas covered by Project II.1, it may be noted, in particular, that the CDMM gave orientations for the continued pursuit of the work being carried out in regard to the MEDIALEX data base and agreed to exchange views on the final activity report of the Contact group at its next meeting (10-13 November 1992).

Project II.2: Equality of opportunity in the building of a European audio-visual area

A contact meeting organised within the framework of the Project Group "Equality of Opportunity in the building of a European Audio-visual area" (MM-EC) took place from 25-26 June 1992. The aim of the contact meeting was to allow the MM-EC to acquaint itself with the expectations of professional bodies in regard to the functioning of the Mechanism for the promotion of and exchanges in training in audio-visual skills.

As regards the MM-EC, the CDMM, at its 31st meeting, reviewed the various decisions which the former took at its 2nd meeting (28-30 April 1992) and endorsed the initiatives taken by the latter body in regard to matters such as the Mechanism for the promotion of and exchanges in training in audio-visual skills, as well as the organisation of a Workshop on training in the techniques of marketing, sales and promotion of audio-visual works.

Project II.3: The European development of communication

At its 31st meeting, the CDMM reviewed the work which had been carried out by the Committee of Legal Experts in the Media Field (MM-JU) at its 13th meeting from 22 to 24 April 1992. In so doing, the CDMM took note, inter alia, of the views expressed by the MM-JU in regard to new developments in the area of sound and audio-visual piracy and agreed that the latter should pursue work in this area. In addition, the CDMM invited the MM-JU to report back to it on the conclusions which emerge from its proposed study of issues concerning journalism and human rights.

The Working Party of the MM-JU dealing with the protection of neighbouring rights (JU-GT-NR) held its 5th meeting in Helsinki on 29 and 30 June 1992. The 5th meeting allowed the members of the Working Party to pursue their analysis of priority questions and corresponding solutions for improving the level of protection of neighbouring rights in Europe.

The Working Party on Exclusivity Rights to Major Events (PO-GT-EX) held a meeting on 23 and 24 June 1992 on the basis of the remit given to it by the CDMM at the latter's 30th meeting (18-21 February 1992). In accordance with the instructions which it had received, the Working Party formulated a number of proposals for examination by the CDMM concerning issues not dealt with by Recommendation No. R (91) 5 on the right to short reporting on major events where exclusive rights for their television broadcast have been acquired in a transfrontier context.

As regards decisions taken by the CDMM at its 31st meeting of concern to this particular Project, reference should be made to the fact that the CDMM reviewed the work being conducted by its Committee of Experts on Media Concentrations and Pluralism (MM-CM). Moreover, the CDMM organised, on the eve of its 31st meeting, a hearing with representative bodies from the sound broadcasting sector. The aim of this hearing was to allow the CDMM to familiarise itself with new technical developments in that sector and, in particular, their implications for cultural and mass media policy. Moreover, the CDMM drew up terms of reference, for approval by the Committee of Ministers, for the conduct of work by a new Group of specialists in the area of multilateral co-production contracts in the audio-visual sector.

Finally, the CDMM, at its 31st meeting, gave detailed consideration to the new areas of activities which should engage its attention within the framework of the 1993 Intergovernmental Programme of Activities.

* *

Over and above the consideration of the work carried out at the intergovernmental level over the relevant period, specific reference should be made to the holding of an Informal Ministerial Meeting on the Draft European Convention relating to questions on copyright law and neighbouring rights in the framework of transfrontier broadcasting by satellite (Oslo, 25-26 May 1992). This meeting, which was designed to help overcome certain outstanding difficulties hindering the finalisation of the Draft Convention, allowed a number of compromise solutions to be worked out. Against the background of the proposals emerging from the Informal Ministerial Meeting, the Draft Convention will now proceed to the finalisation stage on the basis of a procedure laid down by the Committee of Ministers at its 478th meeting (June 1992).

FIELD III

SOCIAL AND SOCIO-ECONOMIC PROBLEMS

"Towards a European social area"

Committee of Ministers

The Committee of Ministers adopted, on 22 June 1992, Recommendation No. R (92) 11 on social and vocational integration of young people.14

The Committee of Ministers also adopted, on 21 September 1992, Recommendation No. R (92) 12 on community relations.15

The Steering Committee for Social Security (CDSS) held its 39th meeting (Strasbourg, 7-10 April 1992), during which, inter alia, it made proposals with regard to the 1993 draft Intergovernmental Programme of Activities.

Project III.1: The present and future of Europe's population

The preliminary version of the report on this subject was discussed at the 14th meeting of the European Population Committee (CDPO) (16-17 June 1992). In view of the increased membership of the Council of Europe, the study is being extended to include new member States.

1993 European Population Conference

The Conference Organising Committee has reviewed the basic documents on each theme of the Conference, namely on:

- International migration

- Fertility and the family

- Health and mortality

- Population growth and structure, selected consequences

- International cooperation in the field of population.

An ad hoc governmental preparatory meeting is being convened on 3 and 4 November 1992 to discuss a draft of the Conference recommendations and conclusions.

Project III.2: Population movements, demographic changes and employment

The Joint Specialists Group on Migration, Demography and Employment (PO-S-MG) has discussed the preliminary draft of its report, which covers migratory movements including South-North migration and migration policies of destination countries. The final version of the report is being prepared.

The CDPO has asked the Joint Specialists Group to study, in 1993, the relationships between development, labour market and migration, with the co-operation of the Steering Committee for Employment and Labour (CDEM).

Demographic studies

The 1992 Report on Recent demographic developments in Europe is currently being prepared. The scope of the 1992 edition of this document has been expanded to cover all member States of the United Nations Economic Commission for Europe (UN-ECE). It will be submitted to the 1993 European Population Conference as a reference document.

The final version of an analysis of the demographic situation in some Central and Eastern European States, and a specific study on Hungary, are being finalised for publication.

Project III.3: The integration of immigrants: towards equal opportunities

Under this project, a meeting of persons responsible for the training of police officers was held in September. It enabled an exchange and assessment of experiences in police training concerning migrants and ethnic groups. Suggestions concerning practical guidelines to all States facing similar problems were prepared.

Furthermore, the European Committee on Migration (CDMG), at its 26th meeting (25-27 May 1992), proposed to the Committee of Ministers the adoption of a recommendation on community relations.

Project III.4: Specific social problems associated with recent changes in family structures: Evaluation Committee

The Evaluation Committee (PS-S-EV) met from 26 to 28 August and completed the evaluation reports. It also put forward proposals for draft Recommendations concerning an integrated global family policy, and social aspects of housing policy, which are to be submitted to the Steering Committee on Social Policy (CDPS) in November.

Project III.5: Human dignity and social exclusion

On the basis of a brief agreed by the Steering Committee on Social Policy (CDPS) at its 8th meeting from 25 to 27 May, the Secretariat has appointed a Consultant Expert to prepare suggestions for the CDPS as to how to carry out work on a "European report" on poverty and social exclusion.

The CDPS also decided to propose to the Committee of Ministers the setting up of an ad hoc committee on all aspects of housing relevant to social exclusion (including those concerned with intra-European migration).

Project III.6: Ageing and social protection

Following on from the colloquy on old-age benefits and health care: impact on the present and future funding of social security (Strasbourg, 18 October 1991), the work on this project commenced with the first meeting of the multidisciplinary Project Group "Ageing and social protection" (SS-S-VPS) (Strasbourg, 2-3 June 1992). This Group, in which the representatives of 5 steering committees have been invited to participate (CDSS, CDSP, CDPS, CDEM, CDPO), identified the means of

implementing its terms of reference and adopted its work programme. The SS-S-VPS will continue its work at its second meeting, planned for 17 and 18 November 1992.

Project III.7: An integrated strategy to combat unemployment

The Committee of Experts on the development of small and medium-sized enterprises (EM-DE) and the Committee of Experts on employment services (EM-SE) held their first meetings.

Individual fellowships in the fields of social welfare, employment and vocational training

The appropriation voted for 1992 permitted the grant of 92 fellowships to staff of administrations and services responsible for social welfare, social security, employment, etc.

Project III.8: Childhood policies

At its first meeting (29-30 June), the Project Co-ordinating Committee on Childhood Policies met, in order to set up the main outline of a four-year programme for the Project, which involves the active participation of twelve steering committees in addition to the experts nominated by the CDPS.

The Committee:

- discussed with the consultants the two reports on "Children and families", and on "Children and society", which had been prepared in fulfilment of the first two tasks identified in the terms of reference;

- received reports from the representatives of the various Steering Committees present on relevant work being carried out, or planned, together with many comments on the implications of attempting to conduct such a multisectoral programme;

- decided to propose the creation of a sub-committee which would be responsible for carrying the work forward between meetings of the Committee;

- subject to approval by the CDPS, adopted a plan of work for 1992-95, to conclude in the autumn of 1995 with a major Conference.

SERVICE ACTIVITIES

Studies and research

The Study Group of the 1991-92 Co-ordinated social research programme in the social field on "Homelessness" held its last meeting from 1 to 3 July and discussed the content of its final report, which will be presented by the Study Group Director to the CDPS in November.

CONVENTIONAL ACTIVITIES

European Convention on Social Security and Supplementary Agreement

The Committee of Experts on the Application of the European Convention on Social Security (SS-AC), which held its 42nd meeting in Strasbourg from 30 June to 2 July 1992, is currently preparing:

- an information system on international bilateral and multilateral social security instruments;

- an optional additional Protocol widening the personal scope of the European Convention on Social Security.

European Code of Social Security and its Protocol

At its meeting in Strasbourg (15-17 September 1992), the Committee of Experts responsible for preparing the form for the Revised Code (SS-R-FC) continued the preparation of the draft form which will be used to elicit the information required within the context of the control of the application of the European Code of Social Security (Revised).

Chart of signatures and ratifications of European treaties

On 15 April 1992 Cyprus ratified the European Code of Social Security

(ETS No. 48) and accepted to be bound by the following parts of the Code:

Part III - Sickness Benefit

Part IV - Unemployment Benefit

Part V - Old-age Benefit

Part VI - Employment Injury Benefit

Part IX - Invalidity Benefit

Part X - Survivors' Benefit

FIELD IV

EDUCATION, CULTURE, HERITAGE AND SPORT

"Europe's cultural identity and cultural diversity"

Committee of Ministers

On 25 June 1992, the Committee of Ministers adopted the European Convention on Cinematographic Co-production. This Convention was opened for signature on 2 October 1992.16

The Committee of Ministers adopted, on 24 September 1992, Recommendation No. R (92) 13 on the European Sports Charter.17

On the same day, the Committee of Ministers adopted Recommendation No. R (92) 14 on the Code of Sports Ethics.18

1. EDUCATION

Project IV.11: Language learning for European citizenship

The programme of international workshops continued with the holding of four workshops: workshop 8A in Loccum (Niedersachsen, Germany, 17-22 May) on "Foreign Language Education in Primary Schools"; workshop 9A in Grimstad (Norway, 31 August to 4 September) on "The use of new technologies in the learning and teaching of modern languages in vocationally oriented education"; workshop 10 in Salamanca (Spain, 13-18 September) on "Learning and teaching Spanish as a foreign language in secondary and adult education"; workshop 11 in Dublin (Ireland, 20-25 September) on "Vocationally oriented language learning in upper secondary, vocational and adult education: Transparency and coherence in approaches to evaluation and certification". Workshops 10 and 11 are "single" workshops; 8 and 9 are "new-style" workshops, that is they will be followed in two years time by a B (follow-up) workshop.

The Modern Languages Project Group (CC-LANG) met from 16 to 18 June; it examined the follow-up to the Rüschlikon symposium on "Transparency and coherence in language learning in Europe: objectives, evaluation, certification", particularly in the light of the first consultations of experts (11-14 May). It also formed a small working party to investigate ways and means of helping Eastern and Central Europe after the meeting organised on 4 and 5 June by the Education Committee on "The training of modern language teachers and trainers in countries of Central and Eastern Europe".

Project IV.12: A secondary education for Europe

Symposium on "Aims and objectives of secondary education"

(Paris, 10-12 June 1992)

Organised by the Council for Cultural Co-operation (CDCC) in conjunction with the French Ministry for Education and Culture, this symposium was attended by 32 experts representing CDCC participating States, 4 representatives of NGOs, 20 French participants and 8 other experts and speakers.

The symposium was intended to:

- highlight current trends in the development of the aims and objectives of secondary education in Europe;

- study and compare the policies pursued in respect of target definition (particularly in the light of the mixed nature of the society), the communication and dissemination of these aims inside and outside the education system and the evaluation of the extent to which the aims pursued were achieved.

The focal point of this symposium was the highlighting of member States' main problems in the field of society secondary education. In this context the following points were noted:

- the increasingly mixed nature of the society (ethnic, cultural and social diversity);

- the development of assessment concerns (assessment of pupils, schools and the education system);

- the difficulty of designing an education system where "educational process" would be more appropriate.

Seminar on "An intercultural training approach to school links and exchanges"

(Colle Val d'Elsa, Italy, 14-16 July 1992)

(Second meeting of the Network on school links and exchanges)

Held at the invitation of INTERCULTURA, the Italian section of the European Federation for Intercultural Learning (EFIL), this seminar was attended by representatives of 24 CDCC participating States and by a large delegation from INTERCULTURA and from national sections of EFIL.

The aim of the seminar was to examine the educational content of individual and class exchanges at secondary level and to study the different phases of an exchange project.

The experts at this seminar:

- defined the Network's priority aims, particularly in respect of the practical help that it could give with exchanges;

- proposed that the Council of Europe prepare a teacher training module in 1993;

- expressed the wish that consideration may be given to the problem of obstacles to exchanges and that the findings be included in the file for the Convention on this subject which was in preparation;

- recommended that, following the work on teacher training and obstacles to exchanges, the Network move into the sphere of evaluation, another priority field.

Seminar on "School exchanges as a factor in curriculum organisation"

(Stavanger, Norway, 16-19 September 1992)

(Third meeting of the Network on school links and exchanges)

Held at the invitation of the Norwegian authorities, this seminar was attended by representatives of CDCC participating States, representatives of NGOs active in the school exchange field and a number of teachers from Norway.

Experts at the seminar had the opportunity to discuss the place of school exchanges on school curricula and member States' policies in this field.

The following subjects were among those dealt with:

- Current Norwegian practice in respect of school links and exchanges;

- Exchanges in vocational education;

- Exchanges with countries whose languages are not widely taught: how the idea of exchanges can be made attractive. The viewpoints of Finland, Portugal, Poland and France;

- The training of teachers/headteachers.

Project IV.13: Adult education and social change

The dissemination phase of the CDCC activity on "Adult education and social change" continued during the year, and the meetings listed below were held between May and October 1992:

1. Dissemination seminar on "Adult education and social change", organised by the Slovak authorities and the Council of Europe (Bratislava, 13-15 May 1992)

2. Seminar on "Training adults in difficulty today", organised by France and the Council of Europe

(Strasbourg, 21-22 May 1992)

3. International symposium on "With education towards democracy - Adult education in the preparation of European integration", organised by Romania and the Council of Europe

(Bucharest, 15-17 June 1992)

4. Conference on "Adult education and older people", organised by Ireland, United Kingdom, the Holy See and the Council of Europe

(Dublin, 26-30 June 1992)

5. Colloquy "What kind of training is needed for adult educators dealing with adults who have professional and social insertion difficulties?"

(Champex, Valais, Switzerland, 9-11 September 1992)

6. National dissemination seminar organised by Iceland (Reykjavik, 25 September 1992)

SERVICE ACTIVITIES

Teacher bursaries scheme

European teachers' seminars, Donaueschingen, Germany

The 55th and 56th seminars were entitled, respectively: "Project-based teaching: the pluridisciplinary approach to the European dimension in secondary education" (18-23 May 1992), and "The educational theory and practice of school links and exchanges" (22-27 June 1992).

The themes of these two seminars had direct links with the project on "A secondary education for Europe" carried out by the CDCC and, in particular, with the subject of the European dimension in secondary education.

The seminar on project-based teaching gave the 31 participants from 11 CDCC participating States an opportunity to study the scope for using schools' own projects as fitting means of introducing a European dimension into lessons, involving the whole teaching staff in an innovative idea, with a view to opening schools up to the outside world. The educational aspects of preparing, developing and evaluating school-based projects were also considered in depth. A number of recommendations to the Council of Europe and to member States were put forward.

The seminar on the educational theory and practice of school links and exchanges was attended by 34 participants from 14 CDCC participating States. Educationalists present at the seminar considered the role and value of school exchanges, particularly with a view to opening up and bringing together schools. They also discussed the teaching techniques appropriate to such exchanges.

Educational research

On 7 and 8 September 1992 a number of educational research directors met in Sofia for a consultation at the Ministry of Education with regard to the future organisation of educational research in Bulgaria.

On 6 to 9 October 1992 an Educational Research Workshop will be held in Valletta (Malta). It will be organised in co-operation with the Ministry of Education and the Faculty of Education of the University of Malta. The theme will be research into secondary school curricula. The aim is to pool research results relevant to the CDCC's Project on "A Secondary Education for Europe".

European documentation and information system for education (EUDISED)

The countries of Central and Eastern Europe which have recently signed the Cultural Convention have all expressed interest in EUDISED. In order to help these countries to benefit from, and contribute to, EUDISED, a study visit to the national agencies in Vienna and The Hague took place from 28 September to 3 October 1992. The task of the national agencies is to collect information on educational research and prepare it for inclusion in the EUDISED online database and the EUDISED R & D Bulletin. The aim of the study visit was to introduce participants from Albania, Bulgaria, Estonia, Latvia, Lithuania, Romania and Russia to the techniques of data collection and processing in two well-established EUDISED agencies.

European Education Thesaurus

The European Education Thesaurus (descriptors for indexing educational data) is jointly managed by the Council of Europe and the Commission of the European Communities. It exists in the nine Community languages and versions in Finnish, Swedish and Turkish are nearly completed. Other language versions will follow.

2. HIGHER EDUCATION

Activities within the new project on legislative reform in higher education, adopted by the 15th Session of the Standing Conference on University Problems (CC-PU) (31 March to 2 April) and the CDCC Bureau (28-29 April 1992) were expanded. During the period covered by this report, the project moved from its limited initial phase financed under Vote IX towards a full scale project financed primarily through voluntary contributions by member States supplemented by contributions from the Cultural Fund and Vote IX.

A seminar on "The financing of higher education in transition" was held in Bulgaria from 11 to 13 June 1992 with contributions from both West and Central and East European countries, as well as Latvia and Lithuania, and OECD. Advisory missions were undertaken to Hungary (18 and 19 June) and to Russia (17-19 August). The project's Steering Group met for the first time on 18 September.

The NEICS Network (National information centres on academic mobility and equivalences) held its annual meeting in Lisbon on 25 and 26 May. For the first time, the meeting was held jointly with the corresponding networks of both the European Communities and UNESCO (Europe Region). The meeting made recommendations for future cooperation among the three networks, including proposals for joint activities.

3. CULTURE

Project IV.31: European Programme of Evaluation of National Policies

The exercise concerning Austria is progressing. The national report has reached an advanced stage in its development. The visits by the team of examiners have been completed and the examiners' report is being prepared.

Concerning Spain, the preliminary phase before the elaboration of the national report has ended.

For the Netherlands, the national report is being finished and the visits by the team of European experts will be possible in the autumn of 1992.

In parallel, in-depth work has been carried out on the methodology of the evaluation in order to render these exercises both more flexible in their implementation and more rigorous in their results.

Project IV.32: Promoting the cultural dimension of communication

In the evaluation of the cultural policies of television channels in Europe, a preliminary report has been established by two experts of the Institut de Sociologie des Communications de Masse, University of Lausanne. It presents a series of hypotheses and reflections on the basis of case studies made in Germany, Belgium, France, Poland and Switzerland.

Project IV.34: Training of cultural administrators and area-based cultural agents

The bursary system is gradually being set up. A first selection of candidates was made in June 1992, to enable them to take part in training sessions during the summer. About twenty of them were selected, of whom a good number are from Central and East European countries.

Furthermore, a seminar to be held in Budapest in December 1992 for administrators of cultural foundations is in an advanced stage of preparation.

As regards the "European Diploma for cultural administrators", a training session was held at Kungälv (Sweden) from 14 to 27 September 1992 to open the cycle of the 3rd promotion.

Project IV.35: European Cultural Routes

A large number of activities and events have taken place in the context of the routes.

The launch of the Hanseatic Route in Norway (6-8 May 1992), in the presence of the Minister of Culture, was marked by a seminar to define the theme at Bergen, in which the Scandinavian countries leading the project, as well as Estonia, took part.

The "Mozart" week (16-24 May 1992) at Zeist (Netherlands) was marked by concerts, conferences and visits to the Dutch section of the Route.

The presentation of the Silk Route in the United Kingdom (Macclesfield region) took place between 25 and 29 May 1992 in the presence of representatives of the associated projects (Greece, Italy, France, Germany, Portugal, Spain).

A seminar was held between 2 and 4 June 1992 at Kutná-hora (Czechoslovakia) on "The Cistercians and Bohemia".

A meeting was held in Prague between 3 and 5 July 1992 to define the theme of "The Spread of Monasticism" with a view to using it as a cultural route model.

The launching of the Hanseatic Route in Sweden took place between 6 and 9 September 1992, with a meeting of the steering group of representatives at Visby in order to define a common policy for the presentation of the subject and the publications.

A summer university for 70 trainers of trainers on the St James of Compostela Route (from Pau, in France, to Santiago, Spain) was organised jointly by the Commission of European Communities, the Association for the Training of Trainers in Europe (ATEE) and the Council of Europe, from 14 to 24 September 1992.

Lastly, a seminar on the Baroque stucco artists took place in Roveredo, canton des Grisons, Switzerland between 28 and 30 September 1992.

Project IV.36: Promotion of cultural creativity and dissemination

The activities for the promotion and dissemination of culture have been marked by two events:

- The encounter on 22, 23 and 24 May in Paris organised by the GES (Group for the encouragement of the performing Arts) for 2 200 children from twenty different countries (including Russia, Romania, Hungary, Poland, Czechoslovakia).

These groups of pupils performed the plays they had written in writing workshops under the guidance of their teachers and of writers, and presented video cassettes and paintings, comic strips and drawings they had created. The project, entitled "Entrez dans la légende", lasts four years and will end next year with a huge event at Bercy, where, for eleven days, young people from all of Europe will perform and present a play written by an Irish poetess to music by Bob Geldof.

- The EDERED Encounter (European Children's Theatre Encounter) which this year took place at Békéscsaba in Hungary and was intended for groups of children aged between 8 and 14. In the second half of July, some 200 children (in about 20 groups) from various countries in Europe presented plays and comedies of all kinds.

Project IV.37: Fostering European cinema

A draft Convention, whose object will be the protection of the audiovisual heritage, is under study. The preparatory work aims, at this stage, to survey member States' policies towards this heritage. A questionnaire has been established and disseminated to this end.

SERVICE ACTIVITIES

Council of Europe Art Exhibitions

The 22nd Council of Europe Art Exhibition, "The Vikings ... the Scandinavians and Europe, 800-1200" retraces the history of Scandinavia and principally its links with the rest of Europe between 800 and 1200 A.D. - that is the Viking period and part of the high Middle Ages.

The exhibition was first shown at the Grand Palais in Paris, from 2 April to 12 July 1992, and is now at the Altes Museum in Berlin (2 September to 15 November 1992). It will be shown finally at the National Museum in Copenhagen from 26 December 1992 to 14 March 1993. It was opened in Berlin by H.M. Queen Sonja of Norway, in the presence of the Federal Minister of the Interior, the Mayor of Berlin, the Secretary General of the Council of Europe, and the Chairman of the Ministers' Deputies.

Jointly organised by the Nordic Council of Ministers and the Council of Europe, as well as, in France, by the Association française de l'Action artistique, and, in Germany, by the Stiftung Preussischer Kulturbesitz, the exhibition brought together some 6 000 high quality objects lent by numerous museums, chiefly nordic, but also from several other European and non-European countries.

Forum of European Networks of Cultural Centres

The 5th Forum meet at Delphi on 3 and 4 October 1992. Some sixty people have been invited, including a certain number from East European countries, that is one or two persons representing a Centre or an active cultural network. During the year thought has been given to the direction and development of the networks, and to the role of the Forum as a body responsible for welcoming new networks and as a link with the Council of Europe and the other international organisations (UNESCO, EEC, European Cultural Foundation).

The steering group has, moreover, established the criteria allowing a network to become a member of the Forum.

A new network, which matches these criteria, was set up in May at Delphi: The Euro-South Network which brings together the cultural centres of the following countries, inter alia: Portugal, Spain, Italy, Greece, France, Malta, Monaco, Cyprus, San Marino and Turkey.

4. CULTURAL HERITAGE

Cultural Heritage Committee

The Cultural Heritage Committee (CC-PAT) held its 6th meeting in Strasbourg on 29 and 30 September 1992. During this meeting, it examined the propositions for the 1993-94 programme.

Project IV.43: Movable heritage and decorative complexes

The group of specialists examined the answers to the questionnaire and supplementary questionnaire submitted by the Secretariat concerning the different national situations. It requested that an expert be appointed to study the enhancement of a system of information exchange about the illegal moving of cultural objects. Propositions for specific measures to be urgently applied to the situations in Central and East European countries are also to be concentrated on by the expert. The group discussed the programme on relative International Conferences to be organised in 1993.

SERVICE ACTIVITIES

Technical co-operation and consultancy

The Working group for Technical Co-operation and Consultancy met in Strasbourg on 16 and 17 June 1992 and accepted applications concerning Urbino (Italy), Saframbolou (Turkey), Barcellona di Messina (Italy), Segovia (Spain), Orange (France), Malta - St John's Cathedral, and Kronstadt (Russia).

Reports concerning the Missions in Bois-du-Cazier (Belgium), Cracow's stained glass windows in the St Marie Church (Poland), Cracow's historical centre and Malta's documentation centre were adopted and transmitted to the concerned authorities.

On-site visits by the experts appointed for the Technical Co-operation and Consultancy Missions took place in Valencia (Spain) and Saframbolou (Turkey).

New applications concerning Brevnov (Czechoslovakia), Bardejov (Czechoslovakia), Jelgava (Latvia), Neuf-Brisach (France), Tarragone (Spain) and the Coliseum in Rome (Italy) are being examined.

CONVENTIONAL ACTIVITIES

Convention for the Protection of the Architectural Heritage of Europe

Workshops concerning updating of heritage legislation were held in Györ (Hungary) from 2 to 5 June 1992, Bucharest (Romania) on 21 to 23 September 1992 and in Sofia (Bulgaria) from 8 to 10 October 1992.

Group of Specialists on the Increased Public Awareness of the Archaeological Heritage, Kerkrade, Rolduc Congress Centre (Netherlands), 3 and 4 September 1992

The Group of Specialists on the Increased Public Awareness of the Archaeological Heritage held its first meeting in Rolduc (Netherlands) in connection with the international colloquy on "Chances and Problems of Archaeological Conservation of Sites and Monuments in United Europe", organised jointly by the German and Dutch authorities. The group discussed "The European Plan for Archaeology" which will be launched in 1993-94, as decided in Resolution No. 1 of the 3rd European Conference of Ministers responsible for the Cultural Heritage in Malta (16-17 January 1992).

European Heritage Days - 11 and 12 September 1992

The European Heritage Days 1992 were officially opened in Prague on 11 and 12 September 1992.

Colloquy on European Heritage Classes - Maisons-Laffitte (France)

(7-9 October 1992)

A colloquy on European Heritage Classes will be held in the Château of Maisons-Laffitte from 7 to 9 October 1992.

This activity aims to raise awareness of and provide information about this new school-exchange scheme for political, administrative, cultural and educational decision-makers and officials in Europe.

The group of specialists in charge of this activity met after the colloquy and made concrete proposals for future action.

5. SPORT

SERVICE ACTIVITIES

Committee of Experts on Sports Information (DS-SI) and Seminar on Sports Information

(Madrid, 16-19 June 1992)

The Seminar on Sports Information, in which nearly all the members of the Committee of Experts took part, especially concerned itself with a better definition of the role and profile of those responsible for sports information (SIO = Sports Information Officers).

CONVENTIONAL ACTIVITIES

11th Meeting of the Standing Committee against Violence (T-RV)

(Bosön (Sweden) 11-12 June 1992)

Emphasis was placed on safety problems in sports installations, especially where temporary stands were concerned. It was decided to study the possibility of reinforcing the legal status of the Standing Committee's Recommendation No. 1/91 on Safety in Stadia.

Monitoring Group of the Anti-Doping Convention (T-DO)

(Strasbourg, 16-18 June 1992)

The Monitoring Group revised its Rules of Procedure and introduced, in the light of experience, an emergency procedure to amend the list of banned substances. It decided to invite Australia and Brazil as observers to its next meeting.

FIELD V

YOUTH

"Europe's future"

Committee of Ministers

On 18 May 1992, the Committee of Ministers adopted Recommendation No. R (92) 7 concerning communication and co-operation in the field of youth research in Europe.19

EUROPEAN YOUTH CENTRE

During the period covered by the present report five study sessions were organised which dealt with the following topics:

- Internationalism versus nationalism

- Living our convictions in today's society

- Solidarity against injustice - 500 years of struggle against hardship and oppression in Latin America

- Integrating exchanges into the school curriculum

- Youth exchanges: an instrument for building Europe.

The EYC programme with 10 language courses was carried out. For the first time a French-speaking course was held in Belgium.

European Youth Week (Bratislava, CSFR, 12-19 July 1992)

The Second European Youth Week, entitled "Youth Participation in a Democratic Society", took place in the Economic Faculty of Bratislava University. The Week took the form of a Summer University and the 257 participants, 17 governmental representatives and 27 lecturers participated actively.

The Programme of the week consisted of 10 morning seminars, afternoon Forum activities and plenary meetings and an evening cultural programme.

The seminars debated issues of high interest to young people today: youth participation, ecological questions, North-South issues, marginalisation and exclusion, racism, drugs, and unemployment and reflected on items such as "Socialisation" of young people, "European Identit(y)ies" and the importance of politics.

During the Forum activities, organisations and institutions had the opportunity to present themselves through exhibitions and lectures. The participants had a chance to discuss topical issues with Ministers, parliamentarians and political personalities. The cultural programme provided an occasion to appreciate the cultural richness of the host country.

The results of the Second European Youth Week will be reported to the Fourth Conference of European Ministers responsible for Youth (April 1993 in Vienna).20

EUROPEAN YOUTH FOUNDATION

Financial contributions to international youth activities

From May to October 1992 the European Youth Foundation made financial contributions to 65 projects totalling 5 848 000 FF.

The vast majority of activities dealt with the growing together of Europe and of youth structures in Western, Central and Eastern Europe.

The EYF involved itself in the Second European Youth Week on a pedagogical level as much as on a financial level.

Statutory meetings

The Advisory Committee of the EYC and EYF met from 27 to 29 April 1992. The Governing Board met from 16 to 19 June and the Intergovernmental Committee on 29 June 1992.

FIELD VI

HEALTH

"The European dimension of health"

The European Health Committee (CDSP) held its 31st meeting from 23 to 25 June 1992.

Project VI.1: Training and planning in health services

1. Medico-social aspects of child abuse

A draft recommendation and report on medico-social aspects of child abuse were examined at the 31st meeting of the CDSP.

The report looks at the arrangements in the various member States in coping with child abuse and makes proposals on the co-ordination needed between the services concerned in dealing effectively with these problems.

The draft recommendation and report will be further examined by the CDSP at its November 1992 meeting.

2. Multiprofessional training of health staff

A research group of five experts is examining, under a study director, the practice in member States with regard to multi-professional training of health staff.

The study visits carried out by the experts indicate that this form of training is still in an experimental stage but of increasing interest to educational establishments.

The Group will this year finish making recommendations encouraging the introduction and promotion of this form of training.

3. Training course on information systems

A training course on information systems was held in Turkey from

9 to 12 June 1992.

The purpose of this course was to acquaint Turkish health professionals with the management of information systems and particularly the safeguards necessary to protect the privacy of the individual.

4. Health manpower planning

Following the Conference of Health Ministers on health manpower planning and training held in Cyprus in 1990, a research team carried out a study on health manpower planning in Europe. The CDSP, at its 31st meeting in June 1992, examined the draft report and recommendations and agreed to give its final approval to these texts at its meeting in November 1992.

Project VI.2: Ethical aspects of health

1. Early intervention in HIV infection

The Working Party on Early Intervention in HIV Infection (SP-IP), set up to examine the implications of the availability of methods for early treatment of asymptomatic HIV infection, from the public health point of view, including the social, ethical and legal aspects will finish its work at its next meeting in December 1992. The draft recommendation will then be submitted to the CDSP at its June 1993 meeting.

2. Communication of health information in the hospital

At its June 1992 meeting the CDSP examined a draft recommendation on the legal and ethical aspects of communication of health information in the hospital. The CDSP will be reexamining the draft recommendation in the light of the revised version of Recommendation R(81) 1 on Regulations for automated medical data banks.

Project VI.3: Education for health

The Council of Europe, together with the Commission of the European Communities and the World Health Organisation (WHO) (Europe) is running a pan-European health-promoting school programme, intended to introduce education for health in schools throughout Europe.

A first meeting of co-ordinators from 27 countries was held on 21 and 22 May 1992 in Strasbourg to explain the scope and purpose of the project.

SERVICE ACTIVITIES

Co-operation and training in blood transfusion and histocompatibility

A course in blood transfusion, held every two years will this year be held in Lisbon from 21 to 23 October 1992. The purpose is to acquaint professionals working in blood transfusion in a given country with the latest techniques.

FIELD VII

MANAGEMENT OF SPACE AND THE NATURAL WORLD

"A better environment for all Europeans"

Committee of Ministers

The Committee of Ministers, on 18 May 1992, adopted Recommendation No. R (92) 8 on soil protection, and Recommendation No. R (92) 9 on the potential ecological impact of the continued use and deliberate release of genetically modified organisms.21

On the same day, the Committee of Ministers adopted Resolution (92) 19 on extension of the scope of the European Network of Biogenetic Reserves, and Resolution (92) 20 amending the rules for the European Network of Biogenetic Reserves.22

Furthermore, the Committee of Ministers agreed to renew the European Diploma awarded to the Krimml Waterfalls Natural Site (Austria), the Lüneburg Heath Nature Reserve (Germany), the Muddus National Park (Sweden), the Sarek and Padjelanta National Parks (Sweden), the Swiss National Park, the Maremma Nature Park (Italy), and agreed to award the European Diploma to the Salvage Islands Nature Reserve (Portugal).

Project VII.2: Soil conservation and protection of the landscape

The Group of Specialists "Countryside, Wildlife and Landscapes" (PE-S-MR) met on 18 and 19 May 1992 in Strasbourg to examine the report prepared by Prof. L. Ryszkowski (Poland) on the integrated development of the countryside in Eastern and Central Europe as well as to prepare and organise the pan-European seminar on rural landscapes which will take place in October 1992 in Strasbourg.

Project VII.3: Genetics and Ecosystems

The Organising Committee for the pan-European Conference on the long-term ecological Impact of the Dissemination of GMO (PE-OGM) met in Strasbourg on 25 and 26 May 1992. It has finished the revision of the study on the problems concerning the controlled use and deliberate dissemination of genetically modified organisms. It has begun to prepare the 1993 pan-European Conference.

SERVICE ACTIVITIES

Centre Naturopa

At the invitation of the Hungarian authorities, the 25th Annual Meeting of the Centre Naturopa's National Agencies and Correspondents took place in Eger on 12 and 13 May followed by a two-day field study visit. Almost all member countries were represented, as were Albania, Croatia, Estonia, Latvia, Lithuania, Romania and Russia. This meeting was preceded by the Plenary Session's Executive Bureau which met on 11 May in Budapest.

The monthly bulletin Naturopa-Newsletter was regularly produced with the annual special issue devoted to the Bern Convention and a special issue on nature conservation in Poland and in Bulgaria.

Naturopa 68, on the Parliamentary Assembly's environmental involvement, and Naturopa 69, a contribution to the Assembly's water campaign, were widely distributed.

Two articles in the Environment Features series were produced, one on the European network of biogenetic reserves and the second on the Field Studies Council. The final report of the Budapest Colloquy on "Tourism and Environment" (1991) was made available.

From 7 to 19 September, the second study course for senior forestry officials from Central and Eastern Europe was held in East France, thanks to the co-operation of the Office national des forêts. In the middle of the same month, the Second Colloquy on Tourism and Environment was held in Bucharest and the Delta of the Danube (15-18 September), on the general theme of deltas and the Danube Delta in particular. From 28 September to 8 October a first initiation course on "Agriculture and nature conservation" was held in the Netherlands thanks to the co-operation of the relevant Dutch authorities.

During the same period, experts from member countries were sent for lectures and technical assistance to Hungary (forests, nature conservation, hunting legislation), to Albania (forest conservation and management) and to Bulgaria (reintroduction of the lynx), while experts from Central and Eastern Europe visited traditional member countries.

FIELD VIII

LOCAL DEMOCRACY

"Democracy at the grass-roots"

The Committee of Ministers

On 22 June 1992, the Committee of Ministers adopted the European Charter for Regional or Minority Languages. It then agreed that this Convention would be opened for signature on 5 November 1992.23

Project VIII.1: Strengthening local democracy

The Select Committee of Experts on Transfrontier Co-operation (LR-R-CT) has completed a study on the implications for frontier regions of the completion of the Single Market.

The Steering Committee on Local and Regional Authorities (CDLR) examined the text of the study at its 9th meeting (15-17 June 1992); at its 480th meeting, the Committee of Ministers authorised its publication.

FIELD IX

LEGAL CO-OPERATION

"A law to match Europe's future"

European Committee on Legal Co-operation (CDCJ)

At its 57th meeting (22-25 June 1992), the European Committee on Legal Co-operation (CDCJ) approved, and invited the Committee of Ministers to adopt:

i. the draft Recommendation on the protection of personal data in the area of telecommunication services, with particular reference to telephone services, prepared by the Project Group on Data Protection and accompanied by an explanatory memorandum;

ii. the draft Recommendation concerning teaching, research and training in the field of law and information technology, prepared by the Committee of Experts on Legal Data Processing and accompanied by an explanatory memorandum;

iii. the draft Second Protocol amending the Convention on the Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality, prepared by the Committee of Experts on Multiple Nationality and accompanied by a draft explanatory report.

The CDCJ examined the state of progress of the work carried out by the Committees of Experts operating under its authority, and made suggestions and proposals on the future of this work within the framework of the draft Intergovernmental Programme of Activities for 1993.

The CDCJ also took note of the Conclusions and Resolutions of the 18th Conference of European Ministers of Justice (Nicosia, 8-12 June 1992)24, in particular Resolution No. 1 on the strengthening of the State based on the Rule of law and Resolution No. 3 concerning the draft Convention on civil liability for damage resulting from activities dangerous to the environment.

The CDCJ was also informed of work carried out in the legal field by both the Parliamentary Assembly and other bodies within the Council of Europe, as well as activities already completed or being conducted by other European and international organisations. It should be noted that a number of CDCJ members are involved in several of these activities and that the CDCJ is to prepare opinions on Parliamentary Assembly Recommendation 1178 (1992) on sects and new religious movements and on Parliamentary Assembly Recommendation 1182 (1992) on franchising, for adoption at its 58th meeting (30 November - 4 December 1992).

European Committee on Crime Problems (CDPC)

At its 41st plenary session, held in Strasbourg from 22 to 26 June 1992, the European Committee on Crime Problems (CDPC) approved, and invited the Committee of Ministers to adopt:

1. the draft Recommendation on prison and criminological aspects of the control of transmissible diseases including AIDS and related health problems in prison, prepared by the relevant Select Committee of Experts (PC-R-SI);

2. the draft Recommendation on the European Rules on community sanctions and measures, prepared by the Council for Penological Co-operation (PC-R-CP);

3. the draft Recommendation concerning consistency in sentencing, prepared by the Select Committee of Experts on Sentencing (PC-R-SN);

4. the draft Recommendation concerning the practical application of the Convention on the Transfer of Sentenced Persons, prepared by the Committee of Experts on the Operation of European Conventions in the Penal Field (PC-OC);

5. the draft Recommendation on video games with a racist content.

The CDPC also approved the draft explanatory memoranda on these five Recommendations and invited the Committee of Ministers to authorise their publication.

In accordance with specific terms of reference assigned to it by the Committee of Ministers, the CDPC gave two opinions, one on Parliamentary Assembly Recommendation 1170 (1991) on strengthening the European Convention on the Suppression of Terrorism and one on Parliamentary Assembly Recommendation 1159 (1991) on the harmonisation of autopsy rules.

The CDPC also took note of the Conclusions and Resolutions of the 18th Conference of European Ministers of Justice, which was held in Nicosia (Cyprus) from 8 to 12 June 1992, in particular Resolution No. 2 on the criminal law aspects of the market economy.

It also discussed and took note of information supplied on co-operation in the criminological field at both European and international level.

The 42nd plenary session of the CDPC is due to be held in June 1993.

Project IX.5: The efficiency and fairness of civil and criminal justice (Greater Europe)

The Project Group on Efficiency and Fairness of Civil Justice (CJ-JU) held its first meeting in Strasbourg from 25 to 27 May 1992.

The purpose of the meeting was to identify, on the basis of national reports, any significant achievements and possible shortcomings of the current administration of justice in member States in civil, administrative and commercial matters, and to suggest to the CDCJ a list of priority issues to be examined, with a timetable for its future action.

Following the discussions at the meeting, the Group drafted an interim report containing its views and suggestions, and decided to request the CDCJ to amend its terms of reference as follows:

"to prepare recommendations or reports on the following topics:

i.       improvement of proceedings in the field of civil and commercial law, in particular relating to appeals

ii.       improving the efficiency and role of judges and other persons exercising judicial functions in the field of civil and commercial law

iii.       improving the role of the legal profession in civil and commercial proceedings

iv.       improving the administration of the courts

and to update the publication on judicial organisation in Europe".

The text of the new terms of reference reflects the order of priority which the CJ-JU felt was necessary for the successful conduct of its work. At its 57th meeting (22-25 June 1992), the CDCJ approved the CJ-JU's proposals for its future work, which were already covered by the draft Intergovernmental Programme for 1993, and accepted the list of priority issues to be examined under the terms of reference as worded by the CJ-JU.

Two questionnaires on the law relating to appeals and on persons exercising judicial functions have been prepared by the CJ-JU and submitted to the participants. The CJ-JU will examine the replies to these questionnaires at its next meeting on 6 and 7 October 1992.

In addition, the May 1992 meeting of the CJ-JU was given information on the application of the European Convention on Human Rights, in particular Article 6 (1), as regards the question of the efficiency and fairness of civil justice.

The CJ-JU also took note of the proceedings of the 3rd European Conference on Consumers' Access to Justice, which was held in Lisbon from 21 to 23 May 1992.

Project IX.7: Protection of and prevention of damage caused to the environment

The Committee of Experts on Compensation for Damage Caused to the Environment (CJ-EN) prepared and adopted a final activity report at its meeting from 19 to 22 May 1992.

This final report contains the text of the draft Convention on civil liability for damage resulting from activities dangerous to the environment. The draft convention was prepared under the terms of reference assigned to the CJ-EN, which were as follows:

"Under the authority of the CDCJ, the Committee is instructed to examine the problems raised by damage caused to the environment, in particular the possibility of adopting preventive measures (for instance, prior authorisations) and compensatory measures (for instance, civil liability, other forms of reparation of damage, restoration of the damaged environment) with a view to preparing appropriate instruments, notably a convention."

The draft Convention was submitted to the 57th meeting of the CDCJ (22-25 June 1992). The CDCJ decided to examine it at its 58th meeting (20 November - 4 December 1992) along with the associated draft explanatory report, which the CJ-EN will review and finalise at its meeting in early November 1992. A preliminary draft explanatory report was already submitted to the 57th meeting of the CDCJ.

The next task of the CJ-EN will be to examine other forms of compensation for damage, in particular compensation funds.

In addition, the CJ-EN was informed that the Committee of Experts on Legal Data Processing (CJ-IJ) had suggested to the CDCJ that the Council of Europe should prepare a study on the feasibility of setting up a database or databases in the environmental law field. The CJ-EN concluded that a feasibility study should be commissioned before any decision was taken.

SERVICE ACTIVITIES

Criminological and Prison Conferences and Colloquia

The Tenth Conference of Directors of Prison Administrations was held in Strasbourg from 25 to 27 May 1992.

The Conference was attended by the most senior officials from prison authorities in the twenty-seven Council of Europe member States. Albania, Canada, Estonia, Latvia, Lithuania, Romania, Russia, Slovenia and the United States were represented by observers. Four members of the Council for Penological Co-operation also took part in the Conference.

The following topics were on the agenda:

- Present situation in the penological field (prison sentences and community sanctions and measures) in the countries participating in the Conference.

- Implementation of the European Prison Rules in the member States of the Council of Europe.

- European co-operation in the open field. Possibility of preparing a draft Convention on the transfer of the implementation of community sanctions and measures.

- First things first: laying the ethical basis for a correctional organisation, in particular a "Code of conduct for prison staff".

- Involvement of the community in the care of prisoners.

Reports on the above-mentioned topics were used as working papers for the discussions. A questionnaire on community sanctions and measures was also submitted to the participants. The replies will supplement the statistics on prison populations in Council of Europe member States, which are published in the Prison Information Bulletin.

At the end of the Conference, the participants adopted a number of conclusions on the topics that had been discussed. In this connection, more general proposals were also made regarding the Council of Europe's activities in the penological field. The Council for Penological Co-operation, which already has responsibility for some of these activities, seems to be the body best suited to pursuing them and assuming the new tasks recommended by the Conference. The Conference participants felt that the expansion of the Council of Europe through the accession of Central and East European countries in fact radically changed the range, context and scope of the Organisation's work in the penological and other fields, and also made it necessary to adapt and boost human and financial resources. The conclusions of the Conference were submitted to the CDPC at its 41st plenary session (22-26 June).

CONVENTIONAL ACTIVITIES

European Convention for the Protection of Animals kept for Farming Purposes

The Standing Committee of the European Convention for the Protection of Animals kept for Farming Purposes (T-AP) held its 24th meeting from 2 to 5 June 1992.

Following New Zealand's request to be allowed to attend T-AP meetings, the Committee decided by unanimity of the votes cast to invite the Government of New Zealand to appoint an observer to attend all its meetings.

The Standing Committee was also informed that the Parliamentary Assembly's Committee on Agriculture had appointed an observer to attend future meetings of the T-AP, as a result of earlier talks.

The T-AP was informed of developments regarding the signing and ratification of Council of Europe Conventions on animal protection, in particular the Protocol amending the European Convention for the Protection of Animals kept for Farming Purposes (ETS No. 145), which was opened for signature on 6 February 1992.

With regard to the recommendations already adopted by the T-AP on pigs, poultry, cattle and fur animals, the representatives of the Contracting Parties to the Convention each reported on new developments in the implementation of these recommendations in their respective countries or in the European Community.

The Standing Committee then examined in detail the draft Appendix on calves and the draft Recommendation on sheep.

After an exchange of views on the draft Recommendation on broilers, the Committee agreed to invite its Bureau to prepare a new draft Recommendation with a general section on poultry and appendices on the various species.

As regards its future activities, the T-AP decided to examine the welfare problems associated with marine and freshwater fish farming as its next subject.

European Conventions in the penal field

The Committee of Experts on the Operation of European Conventions in the Penal Field (PC-OC) met in Strasbourg from 18 to 20 May 1992.

The purpose of the meeting was to examine problems raised by the application of the Convention on the Transfer of Sentenced Persons (ETS No. 112).

At the end of the meeting, the Committee adopted a preliminary draft Recommendation concerning the practical application of the Convention on the Transfer of Sentenced Persons, and decided to submit it to the CDPC at its 41st session (22-26 June 1992). The Committee also instructed the Secretariat to prepare, on the basis of the Committee's discussions, a draft explanatory memorandum on the Recommendation and to submit it directly to the CDPC at the same time.

The two texts were examined and approved at the 41st session of the CDPC and the draft Recommendation was submitted to the Committee of Ministers for adoption.

European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children

The Convention Committee on the Custody Convention (T-CC) held its 6th meeting on 4 and 5 May 1992.

All the Contracting Parties to the Convention (Austria, Belgium, Cyprus, Denmark, France, Germany, Ireland, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom) were represented at the meeting. Observers from Albania, Czechoslovakia, Finland, Hungary, Italy, Latvia, Liechtenstein, Lithuania, Poland, the Holy See, the Hague Conference on Private International Law and the International Social Service also attended.

The T-CC also considered the question of the possible accession to the Convention of non-member States of the Council of Europe. It decided to obtain additional information on this question and to prepare an opinion for the Committee of Ministers at its next meeting, due to be held in the second half of 1993 or early in 1994.

With regard to the functioning of the Convention, the Committee examined the Convention's provisions relating to the recognition of foreign decisions, the possibility of modifying decisions relating to access, the means of preventing the improper removal of a child during or after a period of access, and the means of obtaining information on the whereabouts of a child.

The T-CC also held an exchange of views on the role of national and international private associations in this field.

In addition, a number of participants gave information on the case law of their States relating to the application of the Custody Convention and the Hague Convention. The T-CC noted that the Permanent Bureau of the Hague Conference on Private International Law had prepared a collection of cases on this matter. A summary of the main trends of these cases is to be prepared for the next meeting of the Special Commission of the Hague Conference to review the operation of the Hague Convention, which is to be held in The Hague from 18 to 21 January 1993.

Lastly, the Secretariat informed the T-CC that the Committee of Legal Advisers on Public International Law (CAHDI) would decide at its 4th meeting whether its 5th meeting should consider the problem of children abducted by one parent and taken to another country where there was no multilateral or bilateral treaty that could be used to ensure their return. The T-CC requested the Secretariat to inform the CAHDI that it intended to examine the role that could be played by the central authorities set up under the Custody Convention in cases where no multilateral or bilateral treaty existed. This question concerned the functioning of the Custody Convention since in certain cases, for example, there might be reluctance to allow access to take place in another Contracting State if it was feared that that State was unable to prevent the removal of the child to a third State where there was no treaty to ensure the child's return.

IV. PARTIAL AGREEMENTS

1. Partial Agreement in the Social and Public Health Field25

A. Public health questions

Committee of Experts on Flavouring Substances (P-SP-AR)

The Committee is continuing the toxicological assessment of flavouring substances. The 4th edition of Part I of the "Blue Book" on chemically-defined flavouring substances will be published in 1992. The toxicological assessment of the natural sources of flavourings is under way. Furthermore the Committee is currently preparing guidelines, resolutions and positive lists on: smoke flavours; thermal process flavours; flavours produced by biotechnology; flavours produced by plant tissue cultures.

B. Rehabilitation and integration of people with disabilities

Committee on the Rehabilitation and Integration of People with

Disabilities (CD-P-RR)

The Committee entrusted a working group with the task of making detailed proposals for the setting up of a pan-European network of projects on independent living and equality of opportunities for people with disabilities. Furthermore it adopted an opinion on Recommendation 1185 (1992) "on rehabilitation policies for the disabled", adopted by the Assembly on 7 May 1992.

Committee of Experts on the Application of the WHO International Classification of Impairments, Disabilities and Handicaps (ICIDH)

The Committee is reviewing the application of the WHO International Classification of impairments, disabilities and handicaps with a view to establishing a common European language and tools based on the ICIDH for professionals involved in the rehabilitation of disabled people.

The following fields of specific application of the ICIDH are currently being reviewed: the assessment of vocational capacities; the assessment of technical aids; the use of ICIDH in mental retardation; the application of the concept of handicap. Technical reports in these fields are currently being prepared.

2. Pompidou Group26

The epidemiology experts met again from 19 to 21 May 1992 to continue co-ordinating their work on various indirect indicators (first treatment demand, police arrests,price/purity, etc.) on cocaine studies and on the "Multi-city study". Following the training session for epidemiologists held in Budapest in March 1992, the Secretariat is hoping to organise similar sessions in Czechoslovakia and Poland, in September/October 1992.

Also from 19 to 21 May 1992 a meeting was held of the working group on the implementation of Article 17 of the 1988 United Nations Vienna Convention (concerning drug trafficking in international waters). The group examined a draft European agreement, and decided to continue its work on 1 and 2 October 1992.

The Co-operation Group of Drug Control Services at European Airports met in Budapest on 4 and 5 June 1992. 55 experts were present from 18 member States, Romania, the Federation of Russia, as well as an observer from ICPO-INTERPOL. A visit was organised to the new Férihégy airport installations.

On 23 and 26 June 1992 the Pompidou Group held a Seminar on the role of the police in preventing drug abuse and the alternatives to prosecution for offenders with drug problems. The Seminar's conclusions, to be passed to the Pompidou Group's Permanent Correspondents, highlighted the importance of preventive action on the part of police. Further activities are proposed on the subject of therapeutic alternatives to prosecution. The Seminar was of the opinion that more evaluative research should be undertaken on these two themes.

A working party on the relationship between the disintegration of the social fabric in large conurbations, the underground economy and the development of drug use met in Strasbourg on 21 and 22 September 1992. Another meeting held from 28 to 30 September discussed the implementation of Article 12 of the United Nations 1988 Vienna Convention (concerning control of precursors and essential chemicals).

3. Social Development Fund27

On the occasion of the 26th Joint Meeting, the Governing Body and the Administrative Council met in Florence (Italy) from 1 to 5 June 1992.

Having been seized of the Governor's Report for the 1991 financial year, as well as the reports by the Auditing Board and the external auditor and also two memoranda by the internal audit, the Governing Body discharged the Administrative Council of its responsibility for the 1991 financial year.

The Governing Body examined the interim report of the Joint Working Party on the Fund's Structures and drew up observations at the request of the latter.

The Administrative Council, having heard the statement by the Chairman of the Standing Committee on Financial Matters and examined the draft resolutions et decision which were submitted to it, adopted: (i) a resolution concerning the size of the stock of projects and the validity of projects; (ii) a resolution concerning the indebtedness ratio; (iii) a resolution regarding the size of the investment portfolio, and (iv) a decision concerning the gearing ratio.

The Administrative Council held a debate on the question of structures having heard the oral statement of the Joint Working Party's Vice-Chairman.

The Administrative Council examined and approved 10 projects for a total amount of Ecu 187 417 200: Ecu 103 229 000 (55,1% of the total) on behalf of Greece, Ecu 54 250 900 (28,9%) on behalf of Italy and Ecu 29 937 300 (16%) on behalf of Turkey.

The Fund's two bodies held their Joint Meeting on 3 June in Florence. At the opening ceremony, Senator Butini, Under-Secretary of State, addressed the participants. The Chairmen of the Governing Body and the Administrative Council, the Governor, and the Secretary General of the Council of Europe presented their interventions resuming the activities carried out since the 25th Joint Meeting and pointing out the goals to be reached. In addition, the two bodies examined and discussed questions linked to the reform of the Fund's structures.

The Greek Authorities invited the Fund to hold its next Joint Meeting in Greece in 1993.

The participants visited some projects partly financed by the Fund.

The Administrative Council held a meeting in Paris on 28 and 29 September 1992.

4. European Pharmacopoeia28

The European Pharmacopoeia Commission held its 83rd Session from 23 to 25 June 1992. Final approval was given to a number of new quality standards for medicinal products and to revisions for some existing European standards. These standards will be published in the forthcoming fascicule 17 of the 2nd Edition of the Pharmacopoeia. Between May 1992 and end of October 1992, thirty-eight meetings of Groups of Experts and ad hoc Working parties took place.

Fascicule 16 of the 2nd Edition of the Pharmacopoeia has been published.

5. Partial Agreement instituting the European Support Fund for the co-production and distribution of creative cinematographic and audio-visual works (EURIMAGES)29

At its 20th and 21st meetings the Board of Management of EURIMAGES allocated a total amount of 50 265 MFF to the co-production of nineteen feature films and six creative documentaries.

The total production costs involved with these co-productions amounted to 569,36 MFF.

Moreover, the distribution of six European films in twelve countries was supported with an amount of approximately 730 000 FF.

Since its set-up in 1988, the Fund has supported the co-production of 119 feature films and sixteen creative documentaries with a total amount of 294,30 MFF.

The Fund has also supported the distribution of a total of twenty-five European films in fifteen Eurimages member States.

6. European Centre for Global Interdependence and Solidarity30 ("North-South Centre")

As part of its programme of Public information and Media Relations the North-South Centre organised in close co-operation with the One World Group of Broadcasters (approximately seventy public service national networks) a series of activities running parallel to the One World season of television broadcasts "on air" and known as "One World 92 on the Ground". These events coincided with the United Nations Conference on Environment and Development, "the Earth Summit" in Rio de Janiero held in June 1992. Nineteen European countries were involved in these activities. Besides convening various international preparatory meetings to stimulate not only the organisation of national campaigns but also the co-ordination of "on the ground" activities at European level, the Centre directly took the following action:

- the production of an education pack "Making One World", printed in 13 European countries in different language versions;

- the production of a One World information pack "Making a difference", also published in various countries as a back-up to the television broadcasts;

- participation in the "Tree of Life" pledging project aimed at encouraging people to make personal commitments in the form of pledges related to environment and development issues: on the final day of the UNCED Conference some 1 124 000 pledges had been collected from over 112 countries including most countries involved in the One World project;

- Day of Action on 30 May 1992: numerous concerts, conferences, gatherings, information markets concerning global environment and development issues took place in a dozen participating countries;

- Participation in the Global Forum in Rio: the North-South Centre set up a stand at the Global Forum which brought together many thousands of non-governmental organisations from all over the world, parallel to the UNCED conference.

In May of this year, the Centre launched its new monthly newsletter "the Interdependent", distributed in English and French (2 500 and 1 500 copies respectively). The aim of this publication is to inform the quadrilogue partners in the member countries and elsewhere about the activities of the Centre. The Newsletter is also a tool for the promotion of networking and for this reason it is designed to be inter-active.

The second window of the Centre's programme relates to Education and Training for Global Interdependence. After having organised two regional European workshops to promote communication and co-operation between actors in the fields of environment and development education in different European countries (Geneva, December 1991 and Uppsala, April 1992), the Centre convened a smaller expert meeting from 29 August to 1 September 1992 in Bruges, Belgium. The aim of this meeting was to review the aims and utility of regional workshops and to create the beginning of an "education and training programme committee" advising the Centre on activities in this particular field.

Also part of the Education and Training Programme is the Centre's Youth Programme. A consultation with the Centre's main European youth partners (CENYC, ECB and the European Community Youth Forum) took place in Brussels at the end of August. This meeting spelled out ways and means to better organise co-operation between the Centre and its youth partners and provided the beginning of what may grow into a "Youth Programme Committee" advising the Centre on a more permanent basis regarding youth activities in the field of global interdependence.

From 17 to 20 September the Centre organised a workshop in Luxembourg on "North-South Training and Youth Organisation". The aim of this workshop, which brought together twenty experts from youth organisations and non-governmental development organisations, was to create a common approach to the issue of North-South training programmes within youth organisations and to discuss the future role of the North-South Centre in this regard.

The Centre's education and training activities also extend to the countries of Central and Eastern Europe. Hungary, Czechoslovakia and Poland will be the first three countries in this part of Europe to profit from a series of workshops under the Centre's auspices and aiming to strengthen NGO activities in Central and Eastern Europe related to global interdependence. Two of these planned workshops are expected to take place before the end of 1992, in Prague and Budapest.

7. European Commission for Democracy through Law31

Bulgaria, the Netherlands and Poland became members of the Commission; Lithuania obtained associate member status.

Over the period concerned, the Commission continued its exchanges of views on the constitutional reforms in Central and East European countries, in the presence of representatives of the countries involved.

A group of experts visited Riga to assist the Supreme Council of Latvia in drafting the new law on elections.

The Commission also continued preparatory work on creating a documentation centre on constitutional case law, which will hold the major decisions of the constitutional and supreme courts of Europe, Canada and the United States of America.

Lastly, the Bureau of the Commission established the concrete modalities for the implementation of a series of University Seminars on Democracy (UniDem), to be organised with the collaboration of Central and East European Universities, on topics relating to the implementation of the new constitutions. The medium-term aim of UniDem is to strengthen democratic awareness in future generations of lawyers and political scientists, thanks to the multiplying effect of Universities.

The first event of the UniDem programme will be organised in Istanbul (8-10 October 1992), for the benefit of member States of the CIS, under the title "The constitutional process as an instrument for democratic transition."

8. European Youth Card32

After the Partial Agreement on the Youth Card set up a system of permanent co-operation between the European Conference of Youth Cards and the Council of Europe, several initiatives have been taken to develop the system, among them the elaboration of a brochure presenting the card to major decision-makers, the conversion of the Youth Card into a service card and the choice of fields subject to European negotiation (insurance, transport, lodging).

In the implementation of this programme the criteria of subsidiarity has been taken into account, being the basis of the Partial Agreement.

A mission of experts from the Partial Agreement visited Hungary and Czechoslovakia in order to assist the local authorities who wish to join the European Youth Card scheme.

V. STANDING CONFERENCE OF LOCAL AND REGIONAL AUTHORITIES OF EUROPE (CLRAE)

Committee of Ministers

On 21 May 1992, the Committee of Ministers adopted Resolution (92) 11 amending the Charter of the Standing Conference of Local and Regional Authorities of Europe (CLRAE).33

1. Colloquy on Regionalisation in the Czech and Slovak Republics

(Prague, 25 September 1992)

The organisation of the local government system in Czechoslovakia is of the responsibility of the two federated republics. Against this background, the main objective of the colloquy was to discuss the regionalisation projects currently under preparation in the two republics.

The morning working session was devoted to the analysis of the situation in the Czech Republic while the situation in the Slovak Republic was considered in the afternoon.

Participants in this colloquy included the members of the Committee on Regional Problems and Development of the CLRAE, three experts directly recruited by the Council of Europe and representatives of the executive and legislative authorities directly responsible for the preparation of the regionalisation projects in the two republics.

2. 7th European Symposium of Historic Towns

(Istanbul (Turkey), 16-18 September 1992)

At the invitation of the Greater Istanbul Municipality and in collaboration with the Ministry of Culture, Ankara, the CLRAE organised the 7th European Symposium of Historic Towns in Istanbul, 16 to 18 September.

Under the principal theme of "Achieving a balance between historical preservation and urban development", over 300 participants - mayors, civic leaders and officials, architects, town planners, representatives of the business and financial community - examined the following three themes:

- "The impact of economic and demographic change and pressure on historic preservation"

- "Financial mechanisms for restoration"

- "Information, publicity and the role of the media."

The Symposium was also the occasion for the presentation of a number of reports on the situation of the architectural heritage in a number of Central and East European countries.

The participants adopted a Final Declaration which, inter alia, called for the creation of a European network of historic towns.

VI. CONFERENCES OF SPECIALISED MINISTERS

A. CONFERENCES HELD FROM 1 MAY TO 30 SEPTEMBER 1992

7th Conference of European Ministers responsible for Sport

(Rhodes, 13-15 May 1992)

"Sport in Europe: towards the year 2000" was the main theme of this Conference. The Ministers adopted a new "European Sports Charter" (updating of the 1975 European Sport for All Charter). This new Charter codifies the fundamental principles that should underpin sports policies and lays the foundation for both recreational and competitive sport. It clarifies the relationship between the State and sport and encourages sports organisations to co-operate with each other and with potential partners such as the commercial sector, the media, etc. while ensuring that exploitation of sport or sportsmen and women is avoided. Sport should also take into account the planet's limited resources and be carried out in accordance with the principles of sustainable development and balanced management of the environment.

Lastly, appropriate resources shall be made available for the fulfilment of the aims and purposes of this Charter.

The Code of Sports Ethics was also adopted. This Code is aimed essentially at Fair Play for children who will be, when grown up, the future sports amateurs and high level competitors. It is also aimed at teachers and adults having a direct or indirect influence on the training and participation of the young in sport. It includes the notion of the right of children and adolescents to practise sport for pleasure and the notion of teachers and adults' responsibility as promoters of fair play and guarantors of the respect of this right.

This Code of Sports Ethics, and the European Sports Charter, were submitted to the Committee of Ministers in view of their adoption as recommendations to governments.34

The Ministers also adopted a Resolution on European Sports Co-operation.

The 8th Conference of European Ministers responsible for Sport will be held in 1995 in Portugal. Meanwhile, an informal session of the Ministers' Conference will take place in Strasbourg in 1993 on the theme of "Sport and Money".

5th Conference of European Ministers responsible for Social Security

(Limerick (Ireland), 20-21 May 1992)

The 5th Conference of European Ministers responsible for Social Security was held in Limerick (Ireland) on 20 and 21 May 1992. Thirty-three countries took part in the Conference: the twenty-seven member States of the Council of Europe as well as States invited to take part as observers (Australia, Canada, Estonia, the Holy See, Lithuania, Slovenia).

The Parliamentary Assembly, the Commission of the European Communities, the International Labour Office (ILO), and the Organisation for Economic Co-operation and Development (OECD) were also represented.

The Conference was preceded by a hearing of representatives of the European Trades Union Confederation (ETUC) and the Union of Industrial and Employers' Confederations of Europe (UNICE). The Conference was informed of the outcome of the hearing by the President.

The theme of the Conference was "Social security policies and employment". The Conference examined the following two reports:

- Social security and the labour market;

- The contribution of social security systems to employment policies (period 1985-91).

During the Conference emphasis was placed on the fact that although social security may not be an instrument of economic policy in the proper sense of the term, in view of its financial resources, its methods of financing and the benefits which it administers, it does nonetheless play a role in the implementation of employment policies. The role of social security in this context was identified, and in particular the Conference considered that the general policy to combat unemployment should be accompanied by social security measures.

The Final Communiqué adopted at the end of the Conference took up these issues and also contained recommendations relating to:

- the activities which the Steering Committee for Social Security (CDSS) could undertake in order to examine in more detail certain questions raised during the debates;

- the ratification by member States as soon as possible of the social security standard-setting instruments in order to promote social unity and contribute to the convergence of objectives.

18th Conference of European Ministers of Justice

(Nicosia, 9 and 10 June 1992)

The 18th Conference of European Ministers of Justice was held in Nicosia on 9 and 10 June 1992 at the invitation of the Cypriot Minister of Justice, who took the chair.

During their two-day Conference, which focused on "The strengthening of the State based on the rule of law", the Ministers unanimously agreed that law was badly needed in Europe today, as the President of the Republic of Cyprus and the Secretary General of the Council of Europe had declared in their opening addresses. They accordingly recommended that the Committee of Ministers of the "27":

- urgently take all necessary measures to reform the judicial machinery of the European Convention on Human Rights with a view to improving its operation and ensuring greater efficiency and fairness of justice;

- give political support to the Council of Europe's assistance and co-operation programmes for Central and Eastern European States in the legal field (DEMO-DROIT and THEMIS) and for local democracy (LODE), and extend them to States situated on the territory of the former Soviet Union.

Echoing the wish expressed by the Secretary General of the Council of Europe, the Ministers in particular recommended that the Committee of Ministers give political and financial support to the THEMIS plan for the training of the legal professions and take action to implement it as soon as possible.

The Ministers also asked the Committee of Ministers of the Council of Europe to pay special attention to the concerns of the new member States in Central and Eastern Europe regarding the prevention and punishment of crime related to the transition from a planned to a market economy and to the effects of greater mobility of persons in Europe.

Recognising that the opening of frontiers, in East and West, might have an impact on crime and particularly on economic crime, the Ministers requested that the Council of Europe be given the resources needed to take specific action to help these countries combat economic crime. In this connection, they stressed the need to intensify international co-operation in this field, particularly through the Council of Europe's Conventions (including, among others, that on laundering, search, seizure and confiscation of the proceeds from crime).

Lastly, the Ministers undertook to promote, within the other international agencies responsible for these questions, co-ordination of the action taken and optimum use of the resources available, for the purpose of supporting the Council of Europe's activities.

In addition, the Ministers recommended that the relevant Council of Europe bodies finalise the text of the draft Convention on civil liability for damage resulting from activities dangerous to the environment and open it for signature as soon as possible. This Convention, which is destined to become a standard international text on environmental law, introduces a system of strict liability for damage on the part of operators of activities dangerous to the environment. It was drawn up in consultation with professional organisations and environmental associations, and with the collaboration of the Commission of the European Communities.

The Ministers also endorsed the work carried out in parallel at the Council of Europe concerning compensation for damage caused to the environment and the preparation of common guidelines for the protection of the environment through criminal law.

At the end of the Conference, the Ministers adopted three resolutions, viz Resolution No. 1 on the strengthening of the State based on the rule of law, Resolution No. 2 on the criminal law aspects of the market economy and Resolution No. 3 concerning the draft Convention on civil liability for damage resulting from activities dangerous to the environment.

The 19th Conference of European Ministers of Justice will be held in Malta in 1994, and the 20th Conference will be held in Hungary in 1996 at the invitation of the respective national authorities (Resolution No. 4).

The Conference also greeted with satisfaction and pleasure the announcement that the Swiss Minister of Justice intended inviting the European Ministers of Justice to an informal meeting in Lugano in June 1993. The exact date and themes of the meeting were to be announced later.

B. FORTHCOMING CONFERENCES

1992

15-16 October 1992 7th Conference of European Ministers

Paris, France responsible for Cultural Affairs

Responsible body: Culture Committee

Themes:

"Reading, books and publishing in Europe"

Discussion of topical questions

1993

<25-26 March 1993 3rd European Ministerial Conference on

Venice> Equality between Women and Men

Responsible body: Steering Committee for Equality between Women and Men (CDEG)

Theme: Strategies for the elimination of violence against women in society: the media and other means

Sub-themes:

1. The causes of violence against women: the role of the media;

2. Legal and administrative measures to counter violence against women.

14-15 April 1993 4th Conference of European Ministers Vienna responsible for Youth

Responsible body: European Steering Committee for intergovernmental co-operation in the Youth Field (CDEJ)

Theme: Young people in Greater Europe

- values and life-styles of young people;

- local and regional policies in Europe and participation by young people.

<2-3 June> 1993 18th Session of the Standing Conference of Madrid European Ministers of Education

Responsible body: Education Committee

Theme: Building the new Europe: Democratic values, education and mobility

<June> 1993 Informal meeting of European Ministers of Lugano, Switzerland Justice

Responsible body: European Committee on Legal Co-operation

Theme: to be defined

15-16 September 1993 10th Conference of European Ministers Netherlands responsible for Local Government

Responsible body: Steering Committee on Local and Regional Authorities (CDLR)

Themes:

- Major cities and their peripheries

- Local referendums

<October> 1993 5th Conference of European Ministers of Valletta, Malta Labour

Responsible body: Steering Committee for Employment and Labour (CDEM) and its Bureau

<General theme: Employment trends in Europe - Future prospects

Specific themes:

1. Labour market consequences of population trends in Europe

2. Vocational integration and reintegration of individuals into the labour market and their consequences on structural change, productivity and growth>

<November> 1993 Informal meeting of European Ministers France responsible for Sport

Responsible body: Steering Committee for the Development of Sport (CDDS) and its Bureau

<13-15 October> 1993 XXIIIrd Session of the Conference of France European Ministers responsible for Family Affairs

Responsible body: Committee of Liaison Officials (MMF-HF)

Theme: to be defined

1993-1994 5th Conference of European Ministers Greece responsible for Migration Affairs

Responsible body: European Committee on Migration (CDMG)

Theme: to be defined

<1993-1994> 7th European Ministerial Conference on the Liechtenstein Environment

Responsible body: Steering Committee for the Conservation and Management of the Environment and Natural Habitats (CDPE)

Themes:

- soil protection

- the ecological balance of rural areas (provisional)

1994

1994 10th Session of the European Conference of Norway Ministers responsible for Regional Planning

Responsible body: Committee of Senior Officials of the CEMAT.

Theme: Strategies for sustainable regional/spatial development in Europe beyond the year 2000

1994 19th Conference of European Ministers of Malta Justice

1994, second half 4th European Ministerial Conference on Mass Prague Media Policy

Responsible body: Steering Committee on the Mass Media (CDMM)

1995

1995 8th Conference of European Ministers Portugal responsible for Sport

Responsible body: European Committee on Legal Co-operation

Theme: to be defined

1996

1996 20th Conference of European Ministers of Hungary Justice

Responsible body: European Committee on Legal Co-operation

Theme: to be defined

1 ¹ The Final Communiqué of the 90th Session appears in the Addendum to the present report.

2 ² The Conclusions of the Chair of this Special Ministerial Meeting appear in the Addendum to the present report.

3 ³ The text of this Declaration appears in the Addendum to the present report.

4 ⁴ The text of the Resolution appears in the Addendum to the present report.

5 ⁵ The text of the Resolution appears in the Addendum to the present report.

6 ⁶ The text of the Resolution appears in the Addendum to the present report.

7 ⁷ Austria, Cyprus, France, Germany, Italy, Malta and Spain; reference period 1989-90.

8 ⁸ Denmark, Greece, Iceland, Netherlands, Norway, Sweden and United Kingdom; reference period 1988-89.

9 ⁹ The text of the Recommendation appears in the Addendum to the present report.

10 ¹⁰ The text of the Resolution appears in the Addendum to the present report.

11 ¹¹ See part VI.B of the present report.

12 ¹² The Convention was opened for signature on 26 November 1987 and entered into force on 1 February 1989. To date, the Convention has been ratified by twenty-three member States of the Council of Europe: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, the Netherlands, Norway, Portugal, San Marino, Spain, Sweden, Switzerland, Turkey and the United Kingdom.

13 ¹³ The visit to Luxembourg was postponed from 1992 to 1993.

14 ¹⁴ The text of the Recommendation appears in the Addendum to the present report.

15 ¹⁵ The text of the Recommendation appears in the Addendum to the present report.

16 ¹⁶ The text of the Convention appears in the Addendum to the present report.

17 ¹⁷ The text of the Recommendation appears in the Addendum to the present report.

18 ¹⁸ The text of the Recommendation appears in the Addendum to the present report.

19 ¹⁹ The text of the Recommendation appears in the Addendum to the present report.

20 ²⁰ See Part VI.B of the present report.

21 ²¹ The texts of the Recommendations appear in the Addendum to the present report.

22 ²² The texts of the Resolutions appear in the Addendum to the present report.

23 ²³ The text of the Convention appears in the Addendum to the present report.

24 ²⁴ See Part VI.A of the present report.

25 ²⁵ Concerns the following States: Belgium, France, Germany, Italy, Luxembourg, Netherlands, United Kingdom. Austria, Denmark, Finland, Ireland, Portugal, Spain and Switzerland also participate in the activities of the Partial Agreement.

26 ²⁶ Concerns the following States: Austria, Belgium, Cyprus, Czechoslovakia, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, San Marino, Spain, Sweden, Switzerland, Turkey, United Kingdom.

27 ²⁷ Concerns the following States: Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Portugal, San Marino, Spain, Sweden, Switzerland, Turkey and the Holy See.

28 ²⁸ Concerns the following States: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom.

29 ²⁹ Concerns the following States: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, Netherlands, Norway, Poland, Portugal, Spain, Sweden, Switzerland and Turkey.

30 ³⁰ The following States are members of the North-South Centre, which has its headquarters in Lisbon: Cyprus, Finland, France, Italy, Liechtenstein, Luxembourg, Malta, the Netherlands, Portugal, San Marino, Spain, Sweden, Switzerland and Turkey.

31 ³¹ Concerns the following States: Austria, Belgium, Bulgaria, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, San Marino, Spain, Sweden, Switzerland and Turkey. Associate members: Albania, Lithuania, Romania, Russia and Slovenia. Observers: Canada, Holy See and USA.

32 ³² Concerns the following States: France, Hungary, Ireland, Italy, Luxembourg, Netherlands, Portugal, San Marino and Spain.

33 ³³ The text of the Resolution appears in the Addendum to the present report.

34 ³⁴ See part III (Field IV) of the present report.