Doc. 8491

25 August 1999

Draft Convention on the promotion of a transnational long-term voluntary service for young people

Request for an opinion from the Committee of Ministers to the Assembly

Letter from the Chairman of the Ministers’ Deputies to the President of the Assembly, dated 24 August 1999

Dear President,

      At their 676th meeeting, the Ministers' Deputies agreed to transmit the draft Convention on the Promotion of a Transnational Long-Term Voluntary Service for Young People to the Parliamentry Assembly for an opinion.

      Please find attached a copy of the said document in both languages (CM(99)4 revised 2).

      I should be grateful if the Parliamentary Assembly could deliver its opinion as soon as possible.

      Yours sincerely,

      ...

Signed:

Sveinn BJÖRNSSON

Chairman of the Ministers’ Deputies


Draft convention

on the promotion

of a transnational long-term

voluntary service for young people

Preamble

The member States of the Council of Europe and the other States Parties to the European Cultural Convention, signatory hereto,

      Considering that the aim of the Council of Europe is to achieve greater unity between its members;

      Considering that promoting transnational long-term voluntary service is an important part of governmental policy in respect of young people;

      Acknowledging more particularly the need to develop and promote transnational long-term voluntary service, in all its forms, at European level;

      Considering that transnational voluntary service, carried out abroad with other young people, contributes to civic education, intercultural projects and the acquisition of a European consciousness;

      Believing that transnational long-term voluntary service constitutes an opportunity for young people to learn and promote solidarity, as well as to serve society;

      Aware of the difficulties of young volunteers wishing to perform voluntary service abroad;

      Stressing the importance of equal opportunities for young people and considering that transnational long-term voluntary service should be open to all young people notwithstanding their financial resources;

      Considering that public authorities can contribute to ensuring and supervising the implementation of the above principles within the framework of their national legislation and according to the rules in their respective countries,

      Have agreed as follows:

Chapter I – General provisions

Article 1 - Object and purposes of the voluntary service

1.       Voluntary service shall pursue an educational aim and contain elements of intercultural learning; it shall be carried out by volunteers under the responsibility of organisations as defined in Article 2, paragraph 2, of this Convention.

2.       Voluntary service must be based on a non remunerated activity and a free personal decision of the volunteer.

3.       Transnational long-term voluntary service does not replace the compulsory national service, where this exists, and cannot replace remunerated employment.

Article 2 – Definitions

1.       “The volunteer” means a person legally residing in one Party who is legally present in the territory of another Party for a continuous period of time, not less than three months and not longer than twelve months, to perform full-time voluntary service activities. The volunteer may either belong to or co-operate with the sending or receiving organisations mentioned in Article 2, paragraph 2.2.

2.       “Sending or receiving organisations” means:–

      –no       n-profit-making and non-governmental organisations undertaking voluntary service for the benefit of society, and contributing to the development of democracy and solidarity; or–

      –yo       uth organisations, that is, non-governmental organisations run for and by young people; or–

      –lo       cal public authorities; or–

      –an       y other organisation wishing to develop specific voluntary projects which will be approved by the co-ordinating bodies defined in Article 4.3.

3.       “Transnational long-term voluntary service” means an activity voluntarily undertaken abroad, without any remuneration for the volunteer, providing a mutual non-formal education process for the volunteer and for the people with whom he or she collaborates.4.

4.       “Co-ordinating body” means any authority appointed by a Party in accordance with the provisions of Article 4 of this Convention.Ar

Article 3 - Undertakings of the Parties

1.       The Parties undertake to afford each other the widest possible measure of co-operation in respect of transnational long-term voluntary service, in accordance with the provisions of this Convention.

2.       The Parties further undertake to promote the development of a common concept of transnational long-term voluntary service.

3.       The provisions of this Convention shall not affect more favourable provisions within national legislation concerning the status or the legal regime of voluntary service.

Article 4 - Co-ordinating bodies

1.       The Parties shall designate the co-ordinating bodies which shall be entrusted with the tasks described in this Convention.

2.       Each Party shall, at the time of signature or when depositing its instruments of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe the name and address of the co-ordinating body designated in pursuance of paragraph 1 of this article.

3.       Each co-ordinating body, or body appointed by the latter, shall grant recognition to sending and receiving organisations within their country, in compliance with the provisions of this Convention.

4.       Each co-ordinating body, or body appointed by the latter, is entrusted with approving the activities of transnational long term voluntary service to be carried out on its territory, thirty days prior to the beginning of service, certifying that they are in accordance with the provisions of national legislation and Article 6 of this Convention.

5.       For the purpose of implementation of this Convention, each co-ordinating body or body appointed by the latter shall exchange information concerning protection against the risks referred to in Article 11, and shall use its best endeavours to ensure appropriate supervision and evaluation of the activities of transnational long-term voluntary service.

6.       Each co-ordinating body, or body appointed by the latter, shall use its best endeavours to facilitate the settlement of any difficulty to which the implementation of the contract concluded in accordance with the provisions of Article 6 may give rise.

Chapter II – Transnational long-term voluntary service activities

Article 5 - Age limits

1.       Volunteers shall be over 18 and under 25 years of age at the beginning of service.

2.       Nevertheless, the Parties may conclude bilateral or multilateral agreements with one another derogating from the provisions of paragraph 1.

Article 6 - Contract      

1.       All activity shall be subject to a contract and be performed in accordance with the legislation of the receiving State.

2.       A model contract is contained in Appendix I to the Convention; it is intended for guidance only and has no treaty value.

3.       A copy of the contract mentioned in paragraph 1 shall be deposited with the co-ordinating body of the receiving state or a body appointed by the former.

4.       The contract shall specify inter alia the conditions under which the volunteer is to carry out the activities of the receiving organisation.

Article 7 - Medical certificate

      Each Party shall ensure that the sending organisation will provide a medical certificate issued by the public health authorities, established less than three months before the start of voluntary service, indicating the general state of health of the volunteer.

Article 8 - Training

1.       Each Party, through their co-ordinating bodies, shall ensure that the sending or the receiving organisation, or both, shall take the appropriate steps to provide the volunteers, prior to their voluntary service activity, with appropriate preparation and training for the activity to be carried out by them.

2.       Volunteers shall, in particular, be informed of the fundamental legislative provisions, the social and economic structures of the receiving State, and receive an introduction to the language as well as to the culture and history of the receiving State.

Article 9 - Rights of volunteers

1.       Volunteers shall receive board and lodging from the receiving organisation.

2.       Volunteers shall be given adequate opportunity for relevant linguistic, intercultural and vocational development. They shall be accorded every facility as regards the arrangement of the activity to this end.

3.       Volunteers shall have at least one full free day per week, not less than one such free day in every month being at the choice of the volunteer.

4.       Volunteers shall receive a sufficient amount of pocket money, to be agreed upon between the sending and receiving organisations.

5.       These rights shall be granted within the framework of the legislation of the receiving State.

Article 10 - Financial rules and regulations

1.       Financial support for transnational long-term voluntary service activities may be provided for by:

      a.       contributions from public local, regional, and national authorities, from international organisations and from the co-ordinating bodies appointed in accordance with the provisions of Article 4 of this Convention;

      b.       contributions from recognised non-profit making organisations;

      c.       contributions from private companies, in accordance with the provisions of paragraph 2;

      d.       personal contributions or others;

      e.       any combination of the sources mentioned above.

2. Contributions in accordance with the provisions of paragraph 1, contributions in kind or grant shall not oblige volunteers to undertake profit-making activities on behalf of a commercial enterprise or to make advertisements for it.

Article 11 - Protection against risks

1.       Health, accident as well as civil liability risks shall be covered either in accordance with national legislation or by bilateral or multilateral agreements in force or, failing that, by means of personal insurance subscribed and paid for by the volunteer concerned or on the volunteer’s behalf.

2.       Each Party shall transmit, by a declaration addressed to the Secretary General of the Council of Europe, the means of cover of these risks. Any change in these means shall be notified to the Secretary General of the Council of Europe by the Parties.

3.       The level of benefits shall correspond to the standards laid down by the national legislation or the bilateral or multilateral agreements.

Article 12 - Certificates

      Each Party, through its co-ordinating bodies, shall ensure that during the period of voluntary activity, and at the end of the voluntary service programme, the receiving organisation will, upon request of the volunteer, provide a certificate of participation in accordance with the model provided in Appendix II to this Convention. Appendix II is intended for guidance only and has no treaty value.

Article 13 - Administrative formalities

1.       The candidates for voluntary service who shall address to the relevant authorities to obtain a temporary residence permit for the duration of their voluntary service shall present the contract signed by the three Parties and an identity document.

2.       Each Party shall endeavour, where possible, to reduce the administrative barriers restricting mobility of volunteers.

Chapter III – Multilateral consultations

Article 14 - Multilateral consultations

1.       The Parties shall, within five years from the entry into force of the Convention and every five years thereafter, or more frequently if a majority of the Parties should so request, hold multilateral consultations to examine the application of the Convention and the advisability of revising it or extending any of its provisions.

2.       Any Party may be represented at the multilateral consultations by one or more delegates. Each delegation shall have one vote. The Parties shall draw up the rules of procedure for the consultations.

3.       Any State referred to in Article 16, paragraph 1, or the European Community, which is not a Party to this Convention, may be represented at the multilateral consultations by an observer.

4.       After each consultation, the Parties shall submit to the Committee of Ministers of the Council of Europe a report on the consultation and on the application of the provisions of the Convention.

Chapter IV - Amendments

Article 15 - Amendments

1.       Any amendment to Articles 1 to 15 of this Convention proposed by a Party or the Committee of Ministers shall be communicated to the Secretary General of the Council of Europe and forwarded by him to the member states of the Council of Europe, to the other States Parties to the European Cultural Convention, to the European Community and to any State which has acceded to or has been invited to accede to the Convention in accordance with the provisions of Article 17.

2. Any amendment proposed in accordance with the provisions of the preceding paragraph shall be examined at a multilateral consultation not less than two months after the date of forwarding by the Secretary General. The text shall be adopted by a two-thirds majority of the Parties.

3.       Any amendment adopted at a multilateral consultation shall be submitted to the Committee of Ministers for approval. After its approval, the text shall be forwarded to the Parties for acceptance.

4.       Any amendment shall enter into force on the first day of the month following the expiration of a period of three months after all the Parties have informed the Secretary General of their acceptance.

Chapter V – Final provisions

Article 16 - Signature and entry into force

1.       This Convention shall be open for signature by the member States of the Council of Europe and the other States party to the European Cultural Convention. Such States may express their consent to be bound by:

      a.       signature without reservation as to ratification, acceptance or approval; or

      b.       signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

2.       Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

3.       This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five states, of which at least four are member States of the Council of Europe, have expressed their consent to be bound by the Convention, in accordance with the provisions of paragraph 1.

4.       In respect of any signatory state which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of its consent to be bound by the Convention in accordance with the provisions of paragraph 1.

Article 17 - Accession

1.       After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the Parties to the Convention, may invite any State which is not referred to in Article 16, paragraph 1, as well as the European Community to accede to this Convention, by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee.

3.       In respect of any acceding state or of the European Community, in the event of its accession, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

Article 18 - Territorial application

1.       Any State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.

2.       Any Party may, at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

3.       Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

Article 19 - Relationship to other treaties and Community law

1. The provisions of this Convention shall not affect the provisions of international treaties which are already in force or may come into force, under which more favourable rights are, or would be, accorded to volunteers.

2.       In their mutual relations, Parties which are members of the European Community shall apply Community rules and shall not therefore apply the rules arising from this Convention except in so far as there is no Community rule governing the particular subject concerned.

3.       The Parties may conclude bilateral or multilateral agreements with one another on the matters dealt with in this Convention, for the purpose of supplementing or strengthening its provisions or facilitating the application of the principles embodied in it.

Article 20 - Reservations

Article 21 - Denunciation

1.       Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

2.       Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

Article 22 - Notifications

      The Secretary General of the Council of Europe shall notify the member States of the Council, the other States Parties to the European Cultural Convention, the European Community and any State which has acceded or has been invited to accede to this Convention of:

      a.       any signature;

      b.       the deposit of any instrument of ratification, acceptance, approval or accession;

      f.       any other act, notification or communication relating to this Convention.

      In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

      Done at .........., this .........., in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the other States party to the European Cultural Convention, and to any non-member State or the European Community invited to accede to this Convention.

Appendix I

Contract

      By this contract,

I.       The sending organisation .........., authorised by the co-ordinating body .........., undertakes:

–       to send Mr/Mrs/Ms .......... to .......... in order to participate in the following transnational long-term voluntary service activity: ...........

      The duration of this activity is from .......... to ...........

      Mr/Mrs/Ms .......... will have the following duties:

      –..       ........–

      –..       ........–

      –..       ........On

      On the understanding that these activities will not replace remunerated employment, and that the transnational long-term voluntary service under no circumstances replaces compulsory national service;

– to ensure the following:

      training courses:

      ..........

      ..........

      language courses:

      ..........

      ..........

      information on the receiving country:

      ..........

      ..........

      medical certificate delivered on .......... by ..........

–       to cover:

      two-way travel expenses of Mr/Mrs/Ms ..........from .......... to ..........

      insurance expenses for Mr/Mrs/Ms .......... 1 in the event that he or she does not have his or her own insurance policy.

This insurance covers the following risks:

      ..........

      ..........

II.       The receiving organisation .........., authorised by the co-ordinating body .........., undertakes to:

–       accomplish the administrative and other formalities (visa, residence permit, guarantee of resources in particular);

–       ensure coverage of the following risks: ..........;

–       deliver a participation certificate;

–       cover:

      –bo       ard and lodging for Mr/Mrs/Ms .......... during the period from .......... to ..........;–

      –po       cket money of ........../per day/per week/per month;–

      –pa       rticipation in the following courses:–

      – ..........–

      – ..........Th

      The organisation guarantees that:

–       the activity will not exceed .......... hours per day and .......... hours per week;

–       Mr/Mrs/Ms .......... shall have at least one day off per week ;2

–       Mr/Mrs/Ms .......... shall not be impelled to undertake profit-making activities on behalf of a commercial enterprise nor to make advertisements for it.

III.       Mr/Mrs/Ms .........., participating in the long-term voluntary service described above, declares that he/she is aware of his or her rights and of his or her duties and undertakes to comply with the obligations arising in connection with this activity, in particular to take out private personal insurance if this obligation cannot be met by the sending and/or receiving organisation.

Approved by the co-ordinating body of:       Sending state

      Receiving state

The volunteer and the sending organisation       the receiving organisation

Appendix II

Certificate

1. Family name

2. First name

3. Date of birth (day/month/year)

4. Place of birth

5. Resident in

6. Citizen of

7. Name and type of receiving organisation

8. Type of activity

9. Length of activity from ………………….. to …………………

10. Field of activity

11. Certificate (s) received during the programme as appended

12. Programme consisted of the following activities (please give detailed information)

13. Exceptions/journeys abroad

Date       Signature       Position       Stamp

Draft explanatory report

General comments

      The countries of Europe have a long-standing tradition of voluntary service. Though voluntary service takes different forms depending on the country, European countries have repeatedly expressed the desire to establish some form of Europe-wide co-operationThus, at the Vienna Conference in April 1993, the European ministers responsible for youth felt that there was an imperative need to deal with long-term voluntary service, recommending “the promotion of a voluntary service for young people, especially long-term at national and European level, and the recognition of a relevant legal status covering the young volunteers' period of engagement”.

A committee of experts subsequently met in Strasbourg on a number of occasions between June 1992 and June 1993 with instructions to define long-term voluntary service and investigate appropriate ways of promoting voluntary service at national and European level.

      The committee’s final report resulted in a draft recommendation on the promotion of a voluntary service in Europe (Recommendation R (94) 4, adopted by the Committee of Ministers of the Council of Europe in May 1994 at the 513th meeting of the Ministers’ Deputies).

      The recommendation calls, inter alia, on member States to reduce the obstacles to free circulation of young volunteers and provide appropriate financial support, within the framework of their respective legal provisions and policies, to the organisations or groups of young volunteers who do not have their own resources to achieve their aims, individually or in groups, in order that the promotion and expansion of voluntary service may concern all European countries.

      On the basis of this text the European Ministers responsible for Youth, at an informal meeting held in Luxembourg in May 1995, declared themselves – at the instigation of the German minister, Ms Nolte, who argued in favour of the development of voluntary service, particularly participation in international schemes lasting more than one year – in favour of a legal status for young volunteers and a convention on voluntary service. They placed particular emphasis on the fact that voluntary service was a social learning process of great importance for young people’s personal development and the acquisition of experience, but stressed that it should remain a free choice and should not replace social measures to help the unemployed. It could be defined as an alternative path towards working life which gave young people the opportunity to make their personal contribution towards a group project and, in return, acquire new skills facilitating their social integration and making it easier for them to find jobs.

      This prompted the European Steering Committee for Intergovernmental Co-operation in the Youth Field (CDEJ) to set up a working group, which, with a consultant’s help, drew up this draft convention. Its aim is to harmonise the concepts of voluntary service of all those involved. It takes account of existing measures and proposes solutions to the problems and obstacles encountered by young people wishing to do voluntary service abroad, within the context of the legal instruments drawn up by the Council of Europe with a view to guaranteeing freedom of movement, encouraging mobility and securing rights and freedoms.

The draft convention has been revised several times in the light of comments submitted by members of the CDEJ and opinions expressed by the Secretariat of the Council of Europe.

Comments on the articles of the convention

Chapter I – General provisions

Article 1 – Object and purposes of voluntary service

      Voluntary service, which is inextricably linked with youth policy, has its own logic and, for this reason, should not be confused with other forms of work or service. It is a necessity for society in terms of participation, responsibility and education of the population. It is not a means of making up for social, economic and political shortcomings which are the responsibility of the state and its government.

      Voluntary service, and in particular long-term voluntary service, is an activity entered into willingly, which should be seen as a system of exchange, of learning in return for work, in the interest both of the volunteer and of those for whom she or he is working. To contribute to the progress of a changing society, this service must be the result of the personal and free choice of the volunteer and this must be reflected in the nature of the service.

      Voluntary service can provide an important and worthwhile solution to the problem of unemployment but it must not be used by governments as a means of manipulating employment statistics and creating a “second labour market” with second-class jobs for second-class citizens. Neither should it be regarded as a cheap way for society to delegate public responsibilities to the non-governmental organisations handling voluntary service.

      Voluntary service strongly resembles certain alternative forms of national service designed for conscientious objectors, the unemployed, social welfare beneficiaries, and so on, as far as the organisation of the work and the form of payment goes. However, these types of service are rarely voluntary and are often imposed or demanded by the authorities. It is for this reason that voluntary service worthy of the name must stem from a carefully considered personal decision.

Article 2 – Definitions

      The aim of drafting a full and unambiguous definition of voluntary service at national level as a prerequisite for the recognition of an appropriate legal status is to incorporate voluntary service into the existing legislation and policies on youth mobility, education, the labour market and social protection.

      It is crucial to draw a distinction between full-time voluntary service and part-time voluntary service. Most people take voluntary work to mean any part-time activity carried out during their free time. Our definition of voluntary service, implies long-term involvement full time.

      For this purpose, the CDEJ working group has adopted the definition of long-term voluntary service put forward by the committee of experts on voluntary service, which could be regarded as a framework definition because it enabled the member states to develop projects on the basis of distinctive national characteristics:

      It was also influenced by other definitions which made it possible to establish clearly what the distinguishing features of voluntary service are.

      For example, as regards volunteers:

The question of the length of service has been the focus of discussion within the CDEJ. Though some members were in favour of a period of two years, the CDEJ opted in the end for a period of twelve months, in line with that set by the European Union in the context of its European voluntary service programme. Genuine voluntary service is usually carried out over a limited period in order to distinguish it from professional occupations and create the right conditions for it to produce results on the educational front.

      Similarly, as regards organisations and projects, the group agreed that they should abide by certain rules and quality standards but that this should not give rise to senseless, bureaucratic supervision procedures which would form another obstacle to mobility.

      Therefore, organisations must:

–       be recognised by the authorities of the country of origin;

–       act in the public interest;

–       meet voluntary service quality standards;

–       guarantee the volunteer a status and a voluntary service contract providing for:

      . free board and lodging;

      . appropriate health, accident and third-party insurance;

      . sufficient pocket money;

      . preparation, support and post-service evaluation;

      . non-salaried status;

. and indicating the nature of the work, methods, and so on;

–       be able to ensure the personal safety of the volunteer, and, if necessary, repatriate him or her in an emergency;

–       place a limit on the length of service, thereby guaranteeing that the volunteer will return to his or her country on expiry of the period in question.

      With regard to projects, the criteria set out in Recommendation R (95) 18 on youth mobility in Europe can equally apply mutatis mutandis to voluntary service projects.

Article 3 – Undertakings of the Parties

      The obstacles to voluntary service seem to be much the same as those to youth mobility: visas, work and residence permits, rights, procedures, limited mobility for the unemployed, insurance, tax, welfare benefits, and so on. In establishing a common legal status and promoting it, the working group felt that the key points to focus on were that volunteers should take part in projects which could act as a spur to other things, which had an educational content and served the common good, and for which they received no payment other than food, lodging, pocket money and the necessary insurance cover.

Article 4 – Co-ordinating bodies

      The group decided that it was not necessary to set up new bodies and that co-ordination could be provided by co-operation bodies as defined in Recommendation R (95) 18 on youth mobility. These bodies should co-operate at international level, as well as providing a national support structure for groups of young people, helping them to put their ideas into practice.

      The group decided that the recognition of sending and receiving organisations should be the responsibility of the co-ordinating bodies. Likewise, the range of powers granted to these bodies would enable them to exchange directly any information on instruments detailing benefits and the risks listed in Article 11, and, by extension, would also facilitate access to information for volunteers.

Chapter II – Transnational long-term voluntary service activities

Article 6 – Contract

      The contract contained in Appendix I to the convention is only given as a guide and does not form a legal part of the convention. However, all voluntary service activities must be based on a contract with recognised sending and receiving organisations. In other words, the activities of volunteers must be organised jointly by the two organisations, which may be based in different countries, and the contract must specify, inter alia, the conditions under which the volunteer is to work for the receiving organisation.

      The other clauses of the contract should stipulate that this is an unpaid activity, to be carried out for a limited period and giving the right to free board and lodging, pocket money, social protection and other benefits relating to voluntary status.

      The appendices contain only the model contract and certificate in order to simplify the implementation of the convention and prevent information which may soon go out of date from being permanently included in formal appendices to the convention.

Article 8 – Training

      Voluntary service has always been regarded not only as an activity of public benefit and a service rendered to society but also as an alternative means of access to working life enabling young people to take advantage of new skills that will help to gain a foothold in society and find a job. It forms an integral part of the concept and structures of adult education, implying active involvement in a long and broad-ranging process of learning about life in all its major facets and not just the continuation of vocational training. It is a social learning process in the broadest sense, which cannot be achieved without educational support organised at group or individual level. This support should begin with preparation prior to the service (personal motivation, language, knowledge of the host country and the partner dealing with the project in question, and so on). It should continue in the form of regular individual and/or group meetings with the representatives of the sending and/or receiving organisations and participation in various courses to improve skills.

Article 9 – Rights of volunteers

Under no circumstances should voluntary service be tantamount to a mere job placement. On the contrary, it necessitates an effort to prepare, monitor and support volunteers. Furthermore, any genuine form of voluntary service must cater for life outside the planned activities, that is for board and lodging, leisure activities, social life and contacts with others. This is why it is important to establish the rights of volunteers, who are not students, employees, unemployed people, immigrants residing in the country permanently, au pairs or trainees.

Article 10 – Financial rules and regulations

      The financing of voluntary service projects can be taken up by the state in the case of private failing or by the adoption of a legislation on this point.

Article 11 – Protection against risks

      This article is based on the provisions of Recommendation R (95) 18 on youth mobility in Europe. Similarly, the implementation of the principles established in Recommendation R (91) 2 of the Committee of Ministers on social security for workers without professional status (helpers, persons at home with family responsibilities and voluntary workers) could encourage the recognition of the social status of young people carrying out voluntary service.

Article 13 – Administrative formalities

      Staying abroad does not just require a visa but also the authorisation to reside on the territory of another party. As a rule, visas for short stays are valid for three months. After this period, it is necessary to leave the country. In the case of voluntary service, volunteers must, under Article 2, reside in the country for no less than three months and no more than twelve. To avoid any problems, it would be desirable that the Parties issue a temporary residence permit to volunteers, the validity of which would depend on the terms of the voluntary service.

      In the case of Parties which are members of the European Community, the rules of the convention apply subject to Community law on the free movement of persons (see Article 19, paragraph 2).

Each Party may specify the conditions for the entry and sojourn on its territory of volunteers in a declaration addressed to the Secretary General of the Council of Europe. Any such declarations will be notified in accordance with Article 22.f of the Convention.

      However, because of its unusual nature, voluntary service tends not to fall within the framework of existing practices or legislation on youth mobility, education, the labour market, social protection, and so on. This is why the Parties undertake, under Article 3 of the convention, to promote the development of a common concept of transnational long-term

voluntary service. The specific characteristics of voluntary service could, for instance, be recognised:

–       by issuing volunteers with student visas and regarding them as non-wage-earners, without any formal connections with the labour market, and therefore not requiring a work permit. This approach might be considered if the definition of voluntary service placed emphasis on its educational value;

–       by creating a status of visitor under a temporary exchange scheme, which could cover voluntary service or any other type of youth mobility project with an educational value. This status should be accompanied by the legal provisions needed for a mobility project to be carried out fully during the period of residence in the country, in accordance with Recommendations R (95) 18 and R (91) 2;

–       by creating a separate status for voluntary workers taking part in activities and projects in keeping with an appropriate national definition of voluntary service.

Chapter III – Multilateral consultations

Article 14 – Multilateral consultations

      It was not considered necessary to set up a standing committee to monitor implementation of the convention. This task was to be covered by multilateral consultations, for which some of the arrangements are described in Article 14. The details of the procedure will be set out in the rules of procedure which the Parties will draw up for the multilateral consultations. The rules of procedure shall also regulate <the modalities for the exercise of the right to vote of the European Community and its member States taking into account the distribution of their respective competences>.

Article 15 – Amendments

      Amendments to Articles 1 to 15 of the convention may be proposed by any party. They will be sent to all the member states of the Council of Europe, the Parties to the European Cultural Convention which are not member states, the European Community and any other state which has acceded or has been invited to accede to the convention in accordance with Article 17.

      Proposals for amendments will be examined during multilateral consultations, at which any party to the convention may be represented by one or more delegates. Each delegation has one vote.

      When a proposal for an amendment is examined during multilateral consultations, a majority of two-thirds of the votes from the delegations is required for it to be adopted and then submitted to the Committee of Ministers for approval.

      The provisions of this paragraph do not rule out the possibility of the Parties' proposing amendments in accordance with paragraph 1 of Article 14.

Chapter V – Final provisions

Articles 16 to 22

      These articles are largely based on the “Model final clauses for conventions and agreements concluded within the framework of the Council of Europe” adopted by the Committee of Ministers in February 1982. However certain points do need clarification.

Article 19

Relationship to other treaties and Community law

      In paragraph 1 this article describes the relationship between the convention and other international treaties or agreements under which certain Parties have agreed, or may agree, to establish particular systems in respect of the rules deriving from the convention, extending the scope of volunteers’ rights. Therefore it only relates to such treaties and agreements and not, as a rule, to any other treaty by which the states Parties to the present convention may be bound.

      Paragraph 2 is designed to cover the particular situation of those Parties which are members of the European Community. It stipulates that in their mutual relations these Parties shall apply Community rules and shall therefore apply the rules arising from this convention only if there is no Community rule governing the particular subject concerned. This paragraph covers only the internal relations between the member states of the European Community and in no way affects the application of the convention between Community members and Parties which are not members of the European Community.

      The aim of paragraph 3 is to enable Parties to conclude other international agreements to supplement or strengthen the provisions of the convention or facilitate the application of the principles embodied therein.

1 This provision applies only if the receiving country does not foresee social coverage for the volunteer.

2 At least one day per month shall be at the choice of the volunteer.