Fourth report addressed by the Committee of Ministers to the Consultative Assembly in pursuance of Article 19 of the Statute
Statutory report
| Doc. 122
| 07 May 1953
- Author(s):
- Committee of Ministers
- Origin
- See 5th Session, 1953
: 6th Sitting, 11th May, 1953 (referred to the appropriate committees). 1953 - 5th Session - First part
- Statutory report
- Recommendation 26
(1952)
, Recommendation 28
(1952)
, Recommendation 29
(1952)
, Recommendation 30
(1952)
, Recommendation 31
(1952)
, Recommendation 32
(1952)
, Recommendation 33
(1950)
, Recommendation 35
(1952)
, Recommendation 36
(1952)
, Recommendation 38
(1952)
, Recommendation 40
(1952)
and Recommendation 43
(1953)
- Thesaurus
1 Introduction
1. In accordance with the provisions of Article 19 of
the Statute of the Council of Europe, the Committee of Ministers
has the honour to submit its Fourth Report to the Consultative Assembly
at its Fifth Ordinary Session.
2. This Report, which follows the Supplementary Report addressed
to the Assembly in September, 1953, covers the period between 15th
September, 1952, when the Second Part of the Fourth Ordinary Session
of the Assembly began, and 6th May, 1953, the eve of the opening
of the Fifth Ordinary Session.
3. The Report summarises the work of the Committee of Ministers
during this period and will enable the Assembly to acquaint itself
with the action taken on its more important Recommendations or Opinions.
The views of the Committee of Ministers on recommendations or opinions
of an essentially political nature are, however, embodied in the
Message of the Committee of Ministers to the Consultative Assembly.
4. Section I of the Report deals with steps taken by the Committee
of Ministers to achieve the aims of the Council of Europe in the
various fields within its competence and should enable the Assembly
to judge of the results obtained and of the progress made.
5. Section II deals with questions connected with the Council
of Europe machinery and administration.
6. Section III reviews relations with other international organisations,
both governmental and non-governmental, which have continued to
develop during the period under review.
2 Section I - Steps taken to achieve the aims of
the Council of Europe
2.1 Chapter 1 - Economic Questions
7. The Committee of Ministers considers that Recommendation
26 (1952) of the Consultative Assembly on the co-ordination of economic
relations between Member States of the Council of Europe and the
overseas countries with which they have constitutional links (The
Strasbourg Plan) is a document of great importance, both on account
of the range of the problems that it raises and of the general indications
that it gives for the elaboration of a European economic policy.
This document, which was transmitted by the Assembly to the Secretary
of State for Foreign Affairs of the United Kingdom, was, at the
request of the Committee of Ministers, forwarded to the Commonwealth
Governments. A letter from Mr. Eden, addressed to the President
of the Assembly, informed the latter of the action taken on this
document.
2.1.1 (a) Agricultural Policy
8. In its Report of May, 1952, the Committee of Ministers
gave an account of the work of the preparatory meeting on the European
organisation of agricultural markets (see paragraphs 43 and 45 of
that Report), ft was in accordance with the decision of this preparat
o r y meeting that the European Conference on the Organisation of
Agricultural Markets was held from 16th to 21st March, 1953, in
Paris. During its first meeting the Conference decided to act upon
the recommendation of the Committee of Ministers to Member Governments
of the Council of Europe participating in the Conference which requested
that members of the Special Committee on Agriculture of the Consultative
Assembly, accompanied by a member of the staff of the Secretariat-General,
should be allowed to attend the Conference as observers. As a result
of this decision, the representatives of the Consultative Assembly
will also be admitted as observers to all subsequent sessions of the
Conference.
9. The Conference decided to hold a second Plenary Session some
time before 31st October, 1953. It instructed an Interim Committee,
composed of governmental representatives, to work out in the meantime concrete
proposals relating to :
a the system
of organising European agricultural markets and means of achieving
their unification;
b the structure and powers of the institutions necessary
to carry out the work of organisation and unification;
c the links to be established among countries participating
in a future Organisation and other countries which do not wish to
become full Members of the Organisation but wish to be associated
with it ; and the liaison to be established between the Organisation
and other countries not so associated with it.
The
Interim Committee will work in close liaison with the F. A. 0. and
O. E. E. C. and, if it sees fit, will be able to consult the international
professional organisations concerned.
2.1.2 (b) Association of European Airline Companies
10. On 19th March, 1953, the Committee of Ministers adopted
the following Resolution :
" The Committee of Ministers,
Having regard to the plan for a European Air Union submitted
by the Italian Government on 3rd May, 1951;
Having regard to Resolution 12 (1951) of the Consultative
Assembly on the establishment of an association of European Air
Line Companies;
Having regard to the proposal of the French Government to
convene a conference bringing together all countries concerned with
the problem of co-ordinating Western European air transport;
Having regard to the proposal formulated by the United Kingdom
Government during the fifth meeting of the Ministers' Deputies that
the International Civil Aviation Organisation (I. C. A. 0.) be requested
to convene a regional conference to examine these problems;
Noting that a number of European airlines have established
a research office for air transport in Brussels,
Resolves :
The Secretary-General is instructed to invite the International
Civil Aviation Organisation to convene a European conference, on
the assumption that I. C. A. 0 . agree to the following arrangements
:
i Invitations to the Conference
should be addressed to :
a Interested
European States which are not Members of the I. C. A. 0 . The manner
of their participationshallbedeterminedbythel.C.A.O. so as to ensure
the maximum degree of cooperation;
b The Secretary-General of the Council of Europe;
c Consumers' organisations, such as the International Chamber
of Commerce.
ii The Conference shall have the following agenda :
a Methods of improving commercial
and technical co-operation among the airlines of the countries participating
in the Conference;
b The possibility of securing closer co-operation by the
exchange of commercial rights among these European countries.
iii The Conference shall set up a small working party, including
the representatives of each of the countries whose air companies
are taking part in the work of the Bureau of Air Transport Research
at Brussels, to study the problems under examination by the Bureau.
iv The Report on the proceedings of the plenary Conference
shall be communicated to the Council of Europe. "
11. It was agreed that the Conference should not meet
before the beginning of the autumn of 1953 and that other items,
in addition to those mentioned under point 2 of the Resolution,
might be included in its Agenda, which would finally be settled
by the Conference itself.
2.1.3 (c) European Companies
12. In accordance with the wish expressed by the Assembly
in its Recommendation 38 of September, 1952, the Committee of Ministers
has communicated to the Governments of Member States of the Council
the draft Statute for European Companies elaborated by the Committee
on Legal and Administrative Questions. The decision of the Committee,
however, does not automatically entail the setting up of the Research
Bureau provided for in paragraph 11 of the Recommendation.
2.1.4 (d) Creation of a European Transport Council
13. A Conference on European Inland Transport was called
by O. E. E. C. and was opened on 18th March, 1953. Under its terms
of reference the Conference was required to consider recommendations
made by other international organisations and, more particularly,
by the Council of Europe. The Committee of Ministers therefore transmitted
Recommendation 30 (1952) to O. E. E. C, in order that it might be
given consideration by the Conference. At the same time, the Committee
of Ministers asked O. E. E. C. to transmit the Report of the Conference
to the Council of Europe.
14. The Conference agreed to study Recommendation 30, and a member
of the Committee on Economic Questions was given an opportunity
of stating the views of the Assembly on this subject.
15. The Conference adjourned on 27th March, 1953, and resumed
its work at a second session, which opened on 27th April, 1953.
2.1.5 (e) European Postal Union
16. The Assembly's Recommendation 9 (1951) on the institution
of a European Postal Union was the subject of detailed enquiry among
all the Governments of Member States, whose replies were carefully
considered in the course of several meetings of the Ministers' Deputies.
As a result, it became clear that the establishment of a postal
union among member countries of the Council of Europe would at present
meet with many difficulties of both a political and technical nature.
17. The Committee of Ministers took the view that a regional postal
union in Western Europe might have unfortunate repercussions upon
co-operation within the Universal Postal Union, which comprises
the States of the whole of Europe.
18. The Committee of Ministers also considered whether progress
might be achieved towards better co-operation by means of technical
agreements on certain particular aspects. Insuperable difficulties
of a financial nature at present stand in the way of a reduction
of postal rates and the abolition of transit dues. The transmission
of mail b y air is already widely practised and is becoming more
and more generalised.
19. The Committee of Ministers has therefore not deemed it opportune
to convene a conference of experts. At the same time it has gone
on record with the suggestion that it might be easier to make some
advance in this matter within the framework the Universal Postal
Union.
2.1.6 (f) Lowering of tariff barriers
20. As stated in the Report of the Committee of Ministers
of May, 1952, Recommendation 11 (1951) on a common policy for the
lowering of tariff barriers in Europe was communicated for study,
to the Contracting Parties of G. A. T. T. A group of customs experts
set up by G. A. T. T. transmitted to the Council a memorandum on
the technical implications of the three principles proposed as a
basis for an international conference on the lowering of tariff
barriers. On the instructions of the Committee of Ministers, the
Secretary-General has communicated this memorandum to the Consultative
Assembly for its consideration.
2.1.7 (g) Patents
21. In its Supplementary Report to the Consultative Assembly
in September last, the Committee of Ministers explained why it had
not been possible to decide to create a European Patents Office.
The Committee at the same time . gave an account of the recommendations
which i t had transmitted to the Governments and indicated what
initial steps should be taken in order gradually to make possible
the creation of such an Office, Among the documents submitted at
that time to the Assembly was the text of a draft Convention relating
to the formalities required for patent applications, the purpose
of which was " to simplify and unify as far as possible the formalities
prescribed by the various national legislations in respect of applications
for patents. "
22. The Committee of Ministers has now approved this text, which
will constitute the sixth Convention elaborated under the auspices
of the Council of Europe. Its execution, together with the implementation
of the Resolution adopted by the Committee of Ministers on the examination
of inventions for novelty, will be an important step forward towards
the institution of a unified procedure in Member countries.
23. Another point, to which the attention of the Assembly has
previously been called, is the establishment of a uniform system
of classification of patents for invention. In view of the favourable
attitude adopted by the Governments towards the proposed system,
the Committee of Ministers decided that it should be the subject of
a Convention and instructed the experts to draw up a text. A first
draft of this has now been prepared. The adoption of a uniform system
of classification for inventions will mean the fulfilment of one
of the conditions necessary for the establishment of a European
Patents Office.
24. Finally, the Committee of Ministers accepted the recommendation
of the experts that an Agreement should be established between the
Council of Europe and the International Bureau at Berne for the
Protection of Industrial Property. The Consultative Assembly will
find in para. 80 below a summary of the provisions of the Agreement
which has been concluded.
2.2 Chapter 2 - Social Questions
2.2.1 (a) Convention on Social and Medical Assistance
25. The Committee of Ministers has now approved in principle
the draft Convention on Social and Medical Assistance, which is
designed to extend the benefits of the legislation on social and
medical assistance of each member of the Council to the nationals
of other Members residing in its territory. This draft was prepared
in the course of a year by a special Committee of Experts and is
designed to complete the two Interim Agreements on Social Security
already approved by the Assembly by similar provisions pertaining
to assistance. Taken together, the three instruments constitute
a single comprehensive system providing to a large extent equality of
treatment in the fields of social security and assistance among
the nationals of Member States of the Council of Europe. The various
texts have been co-ordinated by joint meetings of the two Committees
of Experts concerned. The draft Convention has now been referred
to the Assembly for its opinion.
2.2.2 (b) Protocols extending to refugees the provisions
of the Interim Agreements on Social Security and the draft Convention
on Social and Medical Assistance
26. In its third Report to the Consultative Assembly
(4th session, 1952 :
Doc.
2, para. 70), the Committee of Ministers declared its
intention of preparing Protocols to the Interim Agreements on Social
Security extending their benefits to refugees. The Assembly approved
this idea in its Opinion No. 1 of May, 1952. Similarly, in accordance
with the instructions of the Committee of Ministers, the experts
on Social and Medical Assistance undertook the preparation of a
similar Protocol to the Convention referred to in the preceding
paragraph. These Protocols have now been drafted and approved by
the Committee of Ministers.
2.2.3 (c) Social security benefits for the families
of migrant workers
27. As reported to the Assembly in the third Report of
the Committee of Ministers (4th Session, 1952 :
Doc. 2, para. 71), there is agreement on the general principle
that the families of migrant workers should be entitled to full
social security benefits, even though the breadwinner may be working
in another country. There are, however, different views on the best
method of putting this principle into practice. One view is that
the benefits should be paid by the country where the migrant is
employed; another is that they should be paid by the country where
the family resides, in accordance with the rates obtaining in that
country. As is well known, different solutions have been incorporated
in existing bilateral agreements between member countries. The Committee
of Ministers is continuing its efforts to find a practical solution
acceptable to all the Governments, and it is hoped that some progress
may shortly be reported, as a result of fresh examination by the
experts.
2.2.4 (d) European Code of Social Security
28. At its sixth Meeting in October, 1952, the Committee
of Experts on Social Security reached agreement on the basic principles
to be followed in the preparation of a European Code of Social Security.
The Convention on Minimum Standards of Social Security, adopted
by the International Labour Conference in June, 1952, will be taken
as a basis. The Committee of Experts is considering to what extent
the European Code should stipulate the acceptance of a greater number
of branches of social security than is required by the I. L. 0. Convention
and to what extent the benefits should be more liberal and payable
to wider categories of the population. This examination involves
extensive research into the national legislation of each Member
Slate. At the request of the Council of Europe, the I. L. 0 . prepared
for this purpose a questionnaire, which was sent to all the Member
Governments in December, 1952; it also undertook to analyse the
replies received and to present the results in a suitable form for
study by the Committee of Experts. The Committee of Experts will
next meet again in September, 1953 after the I. L. 0. has completed
this work.
2.2.5 (e) Adoption of a common policy in social matters;
social programme of the Council of Europe
29. The memorandum which the Secretary- General was instructed
to draw up, " on the activities which the Council of Europe could
properly carry out in the social sphere " , is now ready and has
been transmitted to the Assembly for an Opinion, in accordance with
the wish i t had expressed in its Reply to the Supplementary Report
of the Committee of Ministers of September, 1952. This Memorandum
has at the same time been communicated to the various Governments
for consideration.
2.2.6 (f) Protection of children in the event of war
30. In accordance with Recommendation 29 (1952) the Committee
of Ministers recommended that the Governments :
.1 should take all necessary steps
to secure early ratification of the Geneva Convention of 12th August,
1949, concerning the protection of civilians in time of war;
.2 should take appropriate measures to see that such protection
is ensured in close co-operation with the national Red Cross Societies,
private and public humanitarian organisations and the International
Committee of the Red Cross.
31. The Committee of Ministers, furthermore, wishes to inform
the Assembly that the exchange of information among Governments
suggested by Recommendation 29 is already in progress.
2.2.7 (g) Housing
32. The Assembly's Recommendation 28 (1952) on the establishment
of a European Credit Institute for Housing has been the subject
of careful study by the Committee of Ministers. It has also been
examined by the experts of the O. E. E. C. Secretariat and discussed
during a meeting of the Committees responsible for liaison between
O. E. E. C. and the Council, which took place on 12th March last
and was attended by members of the Committee on Population and Refugees.
These studies have shown that there are at present major obstacles
to any action being taken on the Assembly's proposal, including
the difficulty of raising adequate funds outside the countries concerned,
as well as the restrictions at present hampering the movement and transfer
of capital. Being fully aware of the great social importance of
housing problems, the Committee of Ministers, however, wishes to
make it clear to the Assembly that it intends to resume the consideration
of these problems at a future session.
2.3 Chapter 3 - Refugees and over-population
33. The Special Liaison Committee on refugees and over-population,
set up at the request of the Assembly in 1952, has now completed
its first year. At the three meetings held in July and November,
1952, and in April, 1953, the Committee has considered the Recommendations
of the Assembly bearing on problems within its competence, and has
also turned its attention to the questions of the Turkish refugees
from Bulgaria, of the Berlin and Trieste refugees and the situation
of the so-called “hard core”. All this work has been of value to
the Committee of Ministers in its consideration of these problems.
2.3.1 (a) International financing of the rehabilitation
of refugees and surplus elements of population
34. The Committee of Ministers was unable to reach a
conclusion on the institution of the Special Fund proposed by the
Consultative Assembly in Recommendation 35 (1952); it concurred
with the Special Liaison Committee that the decision in this matter
was dependent on the specific limited projects to be prepared at
the request of the Assembly by the Committee on Population and Refugees.
The Committee of Ministers has embodied this opinion in Resolution
(52) 75, which further recommends that the Governments should do
their utmost to encourage the rehabilitation of refugees and surplus
elements of population :
" The Committee of Ministers,
Having regard to Recommendation 35, adopted by the Assembly
on 26th September, 1952, concerning the international financing
of the rehabilitation of refugees and surplus elements of population;
Having regard to the opinion formulated by the Special Liaison
Committee;
Considering that the integration into the economic system
of refugees and surplus elements of population calls for common
action on the part of all member countries of the Council of Europe,
Resolves to invite the Member States and the competent international
organisations to grant priority, as far as possible, to any investment
project likely to encourage the integration into the economic system
of refugees and of surplus population;
Defers to a later session consideration of the creation of
a Special Fund, this being dependent on the submission of specific
limited projects;
Notes that the Order of the Consultative Assembly appended
to Recommendation 35 instructs the Committee on Population and Refugees
to prepare such projects in cooperation with the experts and the
international organisations concerned ;
Invites the Governments of Member States to co-operate with
the Committee on Population and Refugees, through the agency of
the Secretariat-General, in the elaboration of these projects. "
2.3.2 (b) Vocational training of young refugees and
unemployed persons
35. This question was considered by the Special Liaison
Committee. A small committee of German, French and Italian governmental
experts met on 8 t h April, 1953, and reached the general conclusion
that the following two methods should be employed :
.1 Apprentices should be sent abroad
for training;
.2 There should be a system of exchange of apprentices and
trainees.
There should first be an enquiry, however, into the feasibility
of this programme, a point which is being examined by the Committee
with the co-operation of I. L. 0. and O. E. E. C.
2.3.3 (c) Ratification of the Geneva Convention of 28th
July, 1951 on the status of refugees,
36. The Committee of Ministers has invited Member States
to ratify this Convention as soon as possible. It has now been signed
by twenty States, including twelve Members of the Council of Europe,
and has been ratified by Denmark and Norway.
2.3.4 (d) Refugees from Bulgaria in Turkey
37. The Committee of Ministers has adopted the following
Resolution :
" The Committee of Ministers,
Having taken note of the position of Turkish refugees from
Bulgaria now resident in Turkey;
Having regard to the Second Report of the Special Liaison
Committee,
Recommends Member Governments to give sympathetic consideration
to such plans as the Turkish Government may submit to the international
organisation concerned. "
2.3.5 (e) Trieste Refugees
38. The Committee of Ministers adopted the following
Resolution :
" The Committee of Ministers,
Taking into consideration the special situation of the city
of Trieste and the fate of the 1,500 so-called " hard core " refugees
who are still to be found there;
Considering that the funds earmarked for these refugees can
at once be placed at the disposal of benevolent organisations which
would, in various European countries, be willing to take them in
hand;
Considering that their transfer and reception in these countries
could be organised in co-operation with the United Nations High
Commissioner for Refugees and I. C. E. M.,
Recommends that Member Governments consider the generous grant
of visas to the persons in question. "
2.4 Chapter 4 - Cultural Question
39. The cultural programme announced in the Supplementary
Report to the Third Report of the Committee of Ministers was finally
adopted during the examination of the Budget for the financial year
1953 and is now being carried out. Thus the wish expressed by the
Assembly in September, 1952, in its Reply to the Committee of Ministers
has been fulfilled. Apart from the actual cultural programme, as
established in the Budget, the Committee of Ministers has tackled
certain new questions to which the Assembly had called its attention,
such as the unimpeded circulation of books, works of art and all
media of information and education, and the possibility of extending
to all Member States of the Council of Europe cultural conventions
similar to those adopted by the Member States of the Brussels Treaty
Organisation. The Assembly will find below certain observations
on these questions, followed by a survey of the measures now being
taken to implement the cultural programme.
2.4.1 (a) International circulation of books, works
of art and all media of information and education
40. In accordance with the request formulated by the
Assembly in its Recommendation 33 of September, 1952, the Committee
of Ministers urged the Governments of Member States which had already
signed the Convention relating to the international circulation
of books, works . of art and media of information and culture drawn
up on the initiative of UNESCO to " take the necessary steps to
obtain its ratification with the minimum of delay. " Seven Member
States of the Council of Europe have already signed the Convention;
only Sweden has ratified it.
41. At the suggestion of the Committee of Cultural Experts, the
Committee of Ministers decided, moreover, to devote special study
to the obstacles still existing to the unimpeded circulation of
books and periodicals among Member States of the Council; for this
purpose i t has set up a Working Party composed of representatives
of professional organisations. A Working Party composed of representatives
of publishers' associations from Germany, the United Kingdom and
France met at Strasbourg on 3rd and 4 t h March, 1953, together
with observers from O. E. E. C. and UNESCO, in order to consider,
for submission to the experts, their suggestions for overcoming
these difficulties. The Cultural Experts will examine the Report
of the Working Party at their next meeting, fixed for May, 1953,
and will report thereon to the Committee of Ministers. The latter will
then inform the Assembly of such decisions as i t may be able to
take.
2.4.2 (b) European Cultural Convention
42. The Committee of Ministers, having examined Recommendation
31 (1952) of the Assembly inviting the Governments of Member States
to conclude with one another cultural conventions similar to those
concluded within the framework of the Brussels Treaty, also considered
a proposal by the Committee of Cultural Experts on the adoption
of a multilateral European cultural convention. The Committee of
Ministers felt that such a convention was not incompatible with
the system of bilateral agreements which, when it is possible to
conclude them, generally yield good results. Such a convention might
well constit u t e a general framework for cultural exchanges and
determine the principles governing such exchanges, but it should
in no way be regarded as a substitute for more detailed bilateral
agreements or as an obstacle to the conclusion of new agreements.
The experts were given instructions to this effect and are now working
on a draft convention. During the meeting of the experts it was
stated that so far some t h i r ty bilateral cultural agreements
have been concluded between Member States of the Council.
2.4.3 (c) European cultural fund for exiles
43. After considering Recommendation 40 (1952) the Committee
of Ministers decided it could take no action on this Recommendation.
First, it felt it would be dangerous to create a period of expectancy
which might well become permanent and would continue to make exiles
impatient to return to their respective countries of origin. The
Governments had granted a great deal of financial aid to the exiles
on a national scale and felt unable to contribute to the financing
of a new international fund. They deemed it advisable to give priority
to the problem of the material rehabilitation of exiles. As for
cultural aid, an inquiry carried out among the Governments by the Secretariat-
General, in 1952, produced the following information :
44. Generally speaking, considerable efforts have been made both
by the Governments and private organisations. Nearly all countries
receiving I. R. 0. assistance had found some means of continuing
their cultural aid after these funds had ceased. The following are
some of the measures taken :
i The
award of
- Secondary school and
university scholarships (France, Sweden) ;
- Technical college bursaries (France);
- Travel grants (Norway);
ii The establishment of vocational training centres (Denmark,
Greece, Norway and the German Federal Republic);
iii The establishment of funds for :
- The maintenance of students (Netherlands) ;
- The participation of students in the social security system
(France);
- The maintenance of endowments for exiled students in Austria
and Germany (Norway).
45. Several countries state that good progress has been made in
absorbing the exiles (German Federal Republic). Certain Governments
and private institutions have concentrated on assisting associations
created to help exiles of a specific nationality, such as the Polish
University College in the United Kingdom or the Mindszenty Foundation
in the Netherlands.
46. All this information supplied to the Secretary-General goes
to show that the number of exiles needing aid is gradually declining.
Clearly, the problem of cultural aid is not of equal urgency to
all Member States of the Council, since some of them only shelter
a small number of exiles or lack centres of higher learning. In
most cases, however, the exiles have been given certain facilities.
The Saar, for example, has invited a considerable number of young
refugees to spend holidays in that country, and Belgium, the German
Federal Republic, Ireland, Luxembourg and Sweden treat exiles exactly
like their own nationals as far as their studies and State grants-in-aid
or scholarships are concerned.
47. It should be noted that, even before the entry into force
of the Geneva Convention of 28th July, 1951, relating to the status
of refugees, certain Governments stated their willingness to grant
exiles the right to work, education, freedom of association and
equality of treatment in respect of social assistance.
2.4.4 (d) Execution of the cultural programme
48. The Assembly will find below some details on the
steps now being taken to carry out the cultural programme for 1953
:
(i) Studies to be undertaken in the educational field
A ten-day symposium devoted to the revision of history textbooks
will take place at Calw in the Black Forest at the beginning of
August under the joint auspices of the Council of Europe and the
Government of the German Federal Republic. The latter will receive
a grant from the Council of Europe, and a sum of 500,000 French francs
will be divided among the Member Governments to help pay the fares
of the delegates invited to take part.
(ii) Short Course on European Studies
A third Short Course on European Studies will be taking place
this year, as usual, concurrently with the Session of the Consultative
Assembly. It will be opened at Strasbourg University on 7th May.
All the Member States of the Council of Europe will be represented
proportionately by 44 scholarship-holders. Nine lectures have been arranged
on European organisations and communities to be followed by discussion
groups led by four eminent professors.
(iii) European Cultural Identity Card
Negotiations are under way between the Council of Europe and
the Brussels Treaty Permanent Commission to enable the Council of
Europe to introduce a European cultural identity card from 1954
onwards in replacement of the Brussels Treaty card.
(iv) European Round Table (Rome Seminar)
The Italian Government has agreed to sponsor this Seminar
and has invited six eminent Europeans and fifteen well-known publicists
– one from each Member of the Council – to take part in a four-day
discussion on the spiritual and cultural problems of Europe considered
as a historic unit, and on the means of expressing this unity in
contemporary terms. This meeting will take place in Rome from 13th
to 16th October, 1953.
(v) Courses in Member States
In its reply to the Supplementary Report of the Committee
of Ministers of September, 1952, the Assembly urgently recommended
that the Committee should arrange further courses similar to that
held by the College of Europe at Bruges for secondary school inspectors
in 1952. This year the French Government agreed to undertake this
task. A course for tutors from teachers' training colleges and school
inspectors will take place at Nancy from 1st to 10th July under
the joint patronage of the Council of Europe and the University
of Nancy. Its theme will be " Introduction of the European idea
in teachers' training colleges. "
(vi) European exhibitions
Within the framework of the cultural programme of the Council,
the experts considered the idea of holding exhibitions devoted to
the major periods of European culture and illustrating their common
trends. The experts agreed in principle to the organisation of a
first exhibition devoted to Humanism in the XVIth century, to be
held at Brussels in the autumn of 1954 under the auspices of the
Council of Europe and the Belgian Government. Before a final decision
is taken by the Council and the Government concerned, a meeting
of specialists will be held from 10th to 12th September to study
the plans for this exhibition.
(vii) Council of Europe research fellowships
On the recommendation of the experts, the Committee of Ministers
decided to divide the appropriation in the 1953 Budget for the award
of " educational or travel grants for refresher courses in European
studies " among a small number of persons to enable detailed studies
to be undertaken. Six fellowships of a value of 500,000 francs were
thus created. When this measure was publicly announced at the beginning
of March, 1953, it had considerable repercussions in the Member
States of the Council, where i t was warmly welcomed. The Secretary-
General proposes to convene a selection board in June to make a
final award of fellowships. The results of their deliberations will
be published on the 1st of July. The awards will be made within
the framework of the Council of Europe irrespective of nationality,
only the merits of the candidates and their ability to undertake
research work and disseminate the results by means of publications
and lectures being taken into account.
(viii) Travel grants to promote the exchange of workers
On the recommendation of the experts, the Committee of Ministers
decided for the sake of convenience to allocate the appropriation
which had been made for this purpose to certain Member Governments
to enable them to arrange for exchanges between cert a in categories
of workers. The 1953 appropriation was divided between the Governments
of the United , Kingdom, Norway and Belgium for various exchange
schemes. At the same time the Committee of Ministers decided that
steps should he taken by the Governments concerned to enable trainees,
social workers and working-men or women to benefit from the scheme.
2.5 Chapter S - Legal and administrative questions
2.5.1 (a) European Convention on the Reciprocal Treatment
of Nationals
49. After making a preliminary enquiry in order to ascertain
the views of the Governments on the proposal for a European Convention
on the Reciprocal Treatment of Nationals, which was the subject
of the Recommendation 1 (1951) of the Consultative Assembly, the
Committee of Ministers convened a Committee of Governmental Experts,
which met at Strasbourg from 16th to 18th October with the threefold
task of :
i giving an opinion on
the desirability of concluding a Convention on the Reciprocal Treatment
of Nationals;
ii specifying what matters should be included in such a Convention
if it were concluded;
iii studying the procedure to be followed in working out a
text acceptable to all Members of the Council.
The
experts took as a basis for their work the draft Convention approved
by the Consultative Assembly in May, 1951.
50. On the first point, most of the experts shared the view of
the Assembly that it was highly desirable that a Convention on the
Reciprocal Treatment of Nationals should be concluded among all
Members of the Council of Europe. With regard to the matters it
should cover, the Committee took the view that the Convention should govern
the entry and sojourn of nationals of Member States in their respective
territories, as also judicial guarantees, and the exercise of civil
rights, economic activities and professions. On the other hand,
it reserved for later study certain questions including military
service, and nationalisation of property. Lastly, the experts considered
that in order that their work might produce the best results they
should have the assistance of specialists in legal, social and economic
problems.
51. The Report of the Committee of Experts was transmitted to
the Ministers' Deputies in December last, and the latter were unanimous
in recommending that the work of the Experts should be continued
with a view to reaching agreement on a multilateral Convention on
the basis of the proposals contained in the Committee's Report.
The Committee of Experts has accordingly been re-convened for 19th
May.
2.5.2 (b) Creation of a single European Court of Justice.
Establishment of a European Act for the Peaceful Settlement of Disputes
52. The Committee of Ministers considered Recommendation
36 (1952) relating to these two questions and transmitted it to
a Committee of Experts which met from 13th to 15th October, 1952,
at Strasbourg. The conclusions of the experts will be studied by
a Sub-Committee of the Assembly Committee on Legal and Administrative
Questions and by a Sub-Committee of the Committee of Experts, and
a joint meeting is due to be held from 15th to 18th May, 1953.
2.5.3 (c) Convention on Extradition
53. After making an enquiry to ascertain the views of
the Governments, the Committee of Ministers decided to set up a
committee of governmental experts to study the possibility of laying
down certain principles governing extradition, which would be acceptable
to all Members of the Council, the question of whether these principles
should figure in a multilateral Convention or whether they should
serve merely as a basis for bilateral Conventions on extradition
remaining for the time being in abeyance. The question of co-operation
-between the governmental experts and the Committee on Legal and
Administrative Questions will be settled when this initial phase
of the work of the experts has been completed.
2.6 Chapter 6 - Convention for the Protection of Human
Rights and Fundamental Freedoms
54. A preliminary list of ratifications of the Convention
and Protocol has been transmitted to the President of the Assembly
in reply to a question by Lord Layton. Since the date on which this
reply was drawn up, further progress has been made. There are listed
below the ratifications which have so far been deposited and of
the declarations provided for in Articles 25 and 46 of the Convention.
Ratifications of the Convention
United Kingdom - 8th March, 1951
Norway - 15th January, 1952
Sweden - 4th February, 1952
German Federal Republic - 5th December, 1952
Saar - 14th January, 1953
Ireland - 25th February, 1953
Greece - 28th March, 1953
Denmark - 13th April, 1953
Ratification of the Protocol
United Kingdom - 3rd November, 1952
Norway - 18th December, 1952
Saar - 14th January, 1953
Ireland - 25th February, 1953
Greece - 28th March, 1953
Denmark - 13th April, 1953
55. Denmark, Ireland and Sweden have agreed to the optional
clause in Article 25; in the case of Denmark such acceptance is
for a period of two years. Denmark and Ireland have also recognised
the compulsory jurisdiction of the Court (Article 46).
56. Certain Governments have also supplied the following information
with regard to the stage at present reached in the procedure of
ratification in their respective countries, as well as on their
intentions in regard to the declarations provided for in Articles
25 and 46 of the Convention.
Belgium
Belgium expects to be able to deposit its instrument of ratification
accepting the jurisdiction of the Court (Article 46). On the other
hand, certain doubts have arisen with regard to the right of individual
petition.
France
The process of ratification will begin shortly in Parliament.
The question of the optional declarations is under consideration.
German Federal Republic
The Protocol is at present before Parliament. The optional
declarations are still under examination..
Greece
The Convention and Protocol have been ratified. The question
whether the declarations provided for under Articles 25 and 46 are
to be made will be considered later.
Iceland
The Convention is at present before Parliament, which may
ratify it at any moment. The Government has not yet decided upon
its attitude with regard to the optional clauses.
Italy
The procedure required for ratification has begun before the
Senate. The possibility of the Italian Government making the declaration
provided for under Article 25 of the Convention is still under examination.
In any case, it is not considered likely that such a declaration
can be made before ratification of the Convention by Parliament.
As for Article 46, the Italian Government reserves its position
until the Court has been set up, after ratification by at least
eight States.
Luxembourg
The Convention and the Protocol have been placed before Parliament.
The Government has reserved its decision in regard to the optional
clauses.
Netherlands
The Convention will be submitted to Parliament in the near
future.
Norway
Norway has ratified the Convention ; she has not, however,
made the declarations under Articles 25 and 46, and is not at present
contemplating a change of attitude on this point.
The Saar
The Government of the Saar is considering the possibility
of sending to the Secretary-General a written answer as to its intentions
concerning the declarations provided for in Articles 25 and 46 of
the Convention.
Sweden
The Convention has already been ratified, and the Protocol
is at present before Parliament. The Swedish Government has recognised
the competence of the Commission to receive individual petitions,
as provided for under Article 25. As regards the Court, the Swedish
Government does not intend making a declaration, as provided for
under Article 46, until experience has proved the practical need
for the Court in addition to the Commission.
Turkey
The process of ratification has been set in hand. The Government
will consider later whether to make any declaration, as provided
for in Articles 25 and 46.
United Kingdom
The United Kingdom Government does not intend to make the
declarations provided for in Articles 25 and 46.
2.7 Chapter 7 - Information Problems
57. The Committee of Ministers has taken note of Recommendation
32 (1952) of the Consultative Assembly proposing a Joint Liaison
Committee on Information. It considers that the information work
undertaken by the Council of Europe is of major importance in disseminating
the idea of European unity and that, in order to carry out this
task, all Member Governments must be given the opportunity of expressing
their views both on general information policy and on the execution
of the information programme. The attainment of this purpose requires a
broader framework than the committee suggested by the Assembly.
All the Member Governments of the Council of Europe should be associated
with this work, whereas only a limited number would be represented on
the proposed joint committee. The Committee of Ministers therefore
believes that the task should be entrusted to a more broadly-based
organisation, the Committee of Ministers' Deputies, to which the
Secretary-General could submit all information problems referred
to him on which he may wish to have their opinion.
58. The Committee of Ministers understands and appreciates the
desire of the Assembly to be associated with this work. Accordingly,
it has authorised the Secretary-General to acquaint the Assembly
with all the facts necessary for it to form an opinion on the action
he has taken in the field of information, and has requested him to
transmit regular and detailed reports to the Assembly on the activity
of the Council of Europe in this field. The Committee of Ministers
also reminds the Consultative Assembly that its representatives
on the Joint Committee may always raise questions in that Committee
on which they are desirous of enlightenment or on which they wish
to make fresh suggestions to the Committee of Ministers.
3 Section II - The Council of Europe machinery and
administration
3.1 (a) Permanent Governmental Representatives at
Strasbourg
59. Since the last Report of the Committee of Ministers
to the Assembly, the Norwegian Government has appointed a Permanent
Representative to the Council of Europe, in the person of M. Paul
Koht. The Permanent Representatives of and the United Kingdom, M.
Cavalletti and Mr. C. 0. Wakefield- Harrey, have been replaced by
M. G. Cittadini Cesi and Mr. P. W. S. Y. Scarlett respectively.
3.2 (b) Amendment of Article 25 of the Statute
60. The Committee of Ministers approved the proposal
for amendment of Article 25 of the Statute formulated in Resolution
18, adopted by the Consultative Assembly on 27th September, 1952.
In pursuance of Article 41 (d) of the Statute, this amendment came
into force on the 4th May, 1953.
3.3 (c) Budget
61. In view of the increased membership of the Council
of Europe since its inception, the Committee of Ministers decided
to increase the membership of the Budget Committee from three to
five. France, the German Federal Republic, Italy, the Netherlands
and the United Kingdom were invited each to appoint a member of
the Budget Committee – to hold office for a period of three years
from 1st January, 1953. Its members have been appointed, and the
Committee met for the first time on 23rd April, 1953.
62. The Committee of Ministers has approved the Budget of the
Council of Europe for 1953, which amounts to the sum of 803,100,000
francs.
3.4 (d) Construction of a new wing to the building
at Place Lenôtre
63. The Committee of Ministers took note of Recommendation
42, adopted by the Assembly in January, 1953, for enlarging the
facilities at the Seat of the Council of Europe, and authorised
the Secretary-General to incur the expenditure required to cover
the costs of surveys for a building plan. These surveys have been undertaken.
3.5 (e) Privileges and Immunities
64. On 6th November, 1952, representatives of Member
Governments signed the Protocol to the General Agreement on Privileges
and Immunities of the Council of Europe. This Protocol makes it
possible for Member States of the Council of Europe who did not
sign the General Agreement to accede to it; i t also determines
the status of Permanent Representatives to the Council of Europe
appointed by Member States.
3.6 (f) Diary of meetings
65. 5th-12th Sept. 1952 : Sixth meeting of the Ministers'
Deputies (Strasbourg)
13th-15th October : Committee of Experts on the Peaceful Settlement
of Disputes and the Creation of a European Court of Justice (Strasbourg)
16th-18th October : Committee of experts instructed to study
the draft Convention on Reciprocal Treatment of Nationals (Strasbourg)
27th-29th October : Committee of Cultural Experts (Strasbourg)
27th-30th October : Committee of Experts on Social S e c u
r i ty (Strasbourg)
30th October : Joint meeting of the Committees of Experts
on Social Security and on Social and Medical Assistance (Strasbourg)
30th-31st October : Committee of Experts on Social and Medical
Assistance (Strasbourg)
4th-7th November : Seventh Meeting of the Ministers' Deputies
(Strasbourg)
13th-17th November : Bureau of the Committee of Experts on
Patents (Paris)
17th-19th November : Special Liaison Committee on Refugees
and Over-population (Strasbourg)
8th December : Committees of the Council of Europe and O.
E. E. C. responsible for liaison between the two organizations (Paris)
18th-22nd December : Eighth Meeting of the Ministers ' Deputies
(Paris)
13th January, 1953 : Special meeting of the O..E.E. C.-C.E.
Liaison Committees attended by members of the Committee on Economic
Questions of the Assembly (Strasbourg)
26th-27th January : Bureau of the Committee of Cultural Experts
(Strasbourg)
24th-28th February : Second meeting of the Committee of Experts
on the Peaceful Settlement of Disputes and the Creation of a European
Court of Justice (Strasbourg)
3rd-4th March : Working Party of Cultural Experts to consider
the unimpeded circulation of books (Strasbourg)
12th March : O. E. E. C.-C. E. Liaison Committees (Paris)
16th-19th March : Ninth Meeting of the Ministers' Deputies
(Strasbourg)
11th April : Special Liaison Committee on Refugees and Over-population
(Paris)
21st April : Bureau of the Committee of Experts on Patents
(Strasbourg)
23rd-24th April : Budget Committee (Strasbourg)
29th April : O. E. E. C.-C.E. Liaison Committees (Paris)
30th April-5th May :Tenth Meeting of the Ministers' Deputies
(Strasbourg)
6th May : O. E. E. C.-C. E. Liaison Committees (Strasbourg).
6th-7th May : Twelfth Session of the Committee of Ministers
(Strasbourg)
4 Section III - Relations with international organisations
4.1 Chapter 1 - Intergovernmental organisations
4.1.1 (a) O. E. E. C.
66. The new agreement between the Council of Europe and
O. E. E. C. (appended to the Supplementary Report of the Committee
of Ministers of 15th September, 1952) which entered into force in
July, 1952, has ensured the satisfactory development of co-operation
between the two organisations. Members of the Assembly Committee
on Economic Questions were able to exchange views with O. E. E.
C. experts on the Report submitted by that Organisation to the Assembly
in September, 1952, and this discussion took place at a special
session of the Liaison Committee held at Strasbourg during the Session
of the Assembly.
67. The reply of the Assembly to this Report was transmitted to
the Secretary- General of the Organisation.
68. In December, 1952, O. E. E. C. drew up its Fourth Annual Report
on the progress of European economy since the inception of the Marshall
Plan, summing up the situation as Europe was entering upon a new
phase in its economic recovery. O. E. E. C. was interested in obtaining
the opinion of the Assembly on this Report, which was submitted
during the Extraordinary Session of January, 1953. Resolution 25
(1953) of the Assembly expressing its opinion on the Fourth Annual
Report of O. E. E. C. has been transmitted to the Secretary-General
of the Organisation.
69. There have been further contacts between Representatives to
the Assembly and O. E. E. C. experts at two meetings of the Liaison
Committee since September, 1952. The Fourth Annual Report of O.
E. E. C. was submitted to the Committee on Economic Questions by
the Secretary-General of O. E. E. C. immediately prior to its discussion
in the Assembly. In March, 1953, at the invitation of O. E. E. C.
members of the Committee on Social Questions and of the Committee
on Population and Refugees consulted experts from the Organisation on
problems of manpower, surplus population, refugees and housing.
These contacts between Representatives to the Assembly and the technical
departments of O. E. E. C. are of undoubted value.
4.1.2 (b) N. A. T. 0.
70. The Committee of Ministers has authorised the exchange
between the two Secretariats of documentary material relating to
the activities of the two organisations in the non-military field.
It is hoped that this arrangement will lead to a growing collaboration
between the two organisations on the subjects set out in Article 1
of the Statute of the Council of Europe.
4.1.3 (c) Brussels Treaty Organisation
71. The reply of the Assembly to the Report presented
by the Brussels Treaty Organisation to the Council of Europe at
its Fourth Session, which was contained in Recommendation 31 and
Resolution 16, has been transmitted to that organisation. A further
report on the work of the Brussels Treaty - Organisation will be presented
to the Assembly at the second part of the Fifth Session of the Assembly,
thus ensuring the continuity of the procedure whereby the Council
of Europe is kept informed of its activities in the social and cultural
fields.
4.1.4 (d) United Nations
72. The Council of Europe was represented by an observer
at the third session of the United Nations Ad Hoc Committee on Restrictive
Business Practices. Among the papers considered by this Committee
was the draft Convention for the Control of International Cartels
prepared by the Secretariat-General at the request of the Assembly.
It is expected that the report of the Ad Hoc Committee will be considered
by the Economic and Social Council during the summer of 1953, and
that the results of its work will be communicated in due course to
the Council of Europe.
73. The United Nations Commission on Human Rights is continuing
its work on the preparation of two draft convenants on human rights.
Among the texts considered by the Commission have been the European Convention
on Human Rights of 4th November, 1950, and the Protocol thereto
of 20th March, 1952.
4.1.5 (e) United Nations High Commissioner for Refugees
74. The reply of the Assembly to the Report presented
at its Fourth Session by the United Nations High Commissioner for
Refugees, which is contained in Resolution 17 (1952), was duly transmitted
to him.
75. The Council of Europe was represented by a member of the Secretariat
when a special representative of the High Commissioner undertook
a mission to Berlin to investigate the problem of refugees arriving
from Eastern Germany. The High Commissioner has communicated to
the Council of Europe his report on this problem containing the
proposals which he has submitted to Member Governments of the United
Nations with regard to assistance to these refugees. At the meeting
of the Assembly Committee on Population and Refugees, held on 9th
and 10th April, 1953, the High Commissioner explained in person
his plans for assistance and appealed for the support of the Council
of Europe.
4.1.6 (f) I. L. 0.
76. The Assembly's Reply to the Report of the International
Labour Organisation on its activities in Europe, which was embodied
in Resolution 15 (1952), was duly transmitted to that organisation.
It is anticipated that a further report of I. L. 0. will be submitted
to the Assembly at the second part of its Fifth Session.
77. The Council of Europe has maintained close collaboration with
I. L. 0. in the social field, each organisation having been represented
by observers at various meetings of the other, and the I. L. O.
having agreed to undertake the research and analysis involved in
the preparation of the proposed European Code of Social Security.
4.1.7 (g) World Health Organisation
78. An agreement for co-operation was concluded with
the World Health Organisation by an exchange of letters in September,
1952. Consequently, the Council has been represented by an observer
at meetings of the Regional Committee for Europe of W. H. 0., and
a representative of that organisation has participated in the work
of the Committee of Experts on Social and Medical Assistance.
4.1.8 (h) UNESCO
79. An agreement for co-operation was concluded between
the Council of Europe and UNESCO on 10th November, 1952. Representatives
of the Council attended the session of the General Conference of
UNESCO held in November and December, 1952. UNESCO has also participated
in the work of the Committee of cultural experts and its sub-committee
on the unimpeded circulation of books and works of art.
4.1.9 (i) International Bureau for the Protection of
Industrial Property
80. On the proposal of the Committee of Experts on Patents,
an agreement for co-operation with the International Bureau for
the Protection of Industrial Property has been concluded by an exchange
of letters between the two organisations. This Bureau has been for
seventy years the administrative centre and clearing house for information
on the international aspects of patent law, and its assistance in
the work of the Council of Europe in this field is thus assured.
The Berne Bureau also acts as the permanent secretariat for the International
Union for the Protection of Literary and Artistic Works. The Agreement
will cover both aspects of its activities.
4.1.10 (j) International Institute for the Unification
of Private Law
81. In accordance with the proposal put forward by the
Consultative Assembly in September, 1952, the Committee of Ministers
has authorised the conclusion of an Agreement for co-operation with
the Rome Institute. Negotiations have been opened for this purpose,
and it is intended to work out concurrently agreements with the
Rome Institute and with The Hague Conference on Private International
Law, in accordance with the wish expressed by the Assembly. Most
of the Member Governments of the Hague Conference have at present
approved the principle of an agreement with the Council of Europe.
In all likelihood the Netherlands' Government will shortly be in
a position to submit a draft agreement to the Committee of Ministers.
A representative of the Rome Institute has been invited to participate
in the forthcoming meeting of Legal Experts to examine the draft
Convention on the Reciprocal Treatment of Nationals, in the elaboration
of which the Rome Institute has played a prominent part.
4.2 Chapter 2 - Non-governmental organisations
4.2.1 (a) Status of non-governmental organisations
82. Certain non-governmental international organisations
having asked the Secretariat- General on what terms they might enter
into official relations with the Council of Europe, the Committee
of Ministers instructed the Secretary- General to draw up a set
of rules governing relations between the Council and all non-governmental
organisations. The plan drawn up by the Secretariat-General, which
follows in certain respects precedents already in use on other inter-governmental
organisations, came before the Committee of Ministers for preliminary
examination, when it was decided to transmit it to the Assembly
for an opinion. The arrangements previously made with regard to
trade union organisations are in accordance with the consultative status
envisaged for the most favoured category of organisations. The Committee
of Ministers has decided that trade union organisations should be
included in this category.
4.2.2 (b) Trade Union organisations
83. In pursuance of the Assembly's Opinion No. 2, the
Committee of Ministers has instructed the Secretary-General to enter
into negotiations with the European regional organisation of the
International Confederation of Free Trade Unions and with the International
Confederation of Christian Trade Unions for the granting of consultative
status to these organisations on the basis of the proposals made
in the Memorandum of the Secretariat-General, approved by the Assembly
in its Opinion No. 2. Thus, relations between the Assembly and the
trade union organisations will conform with these proposals. It
seemed preferable that the relations with the trade union organisations
should, as far as possible, be ensured through a single organisation
representing both Trade Union Confederations. Negotiations for this
purpose are at present in progress.
