1. In accordance with the provisions of Article 19 of the Statute of the Council of Europe, tho Committee of Ministers has the honour to submit the present Report to the Consultative Assembly at its Fourth Ordinary Session.

2. This Report covers the period from the opening of the Second Part of the Third Ordinary Session of the Consultative Assembly (November, 1951) to 28th April, 1952. An additional Report for the period between the latter date and the opening of the Fourth Ordinary Session of the Consultative Assembly will be laid before the Assembly after the Eleventh Session of the Committee of Ministers.

3. Generally speaking, the Report has been drawn up on the same lines as previous Reports by the Committee of Ministers to the Consultative Assembly.

4. The Report therefore outlines the work of the Committee of Ministers and the Resolutions adopted by it both on its own initiative and as a result of Recommendations adopted by the Consultative Assembly.

5. It will be perceived that the Report also contains the views of the Committee of Ministers on most of the questions raised by the Assembly in its Reply to the Second Supplementary Report of the Committee of Ministers.

2 Section II – General Policy of the Council of Europe

6. At the Second Part of its Third Ordinary Session the Assembly adopted two Recommendations of great political importance, namely Recommendation 21 on the Aims and Prospects of European Policy and Recommendation 23 for the adoption of a New Statute of the Council of Europe.

7. These two Recommendations are essentially concerned with the problem of the organisation of Europe. They have been the subject of detailed study on the part of the Governments of Member States, to which, in addition, certain proposals were submitted in March by the Government of the United Kingdom in an endeavour to contribute to a solution of the problem.

8. In view of this, the Committee of Ministers felt that before it proceeded to discuss the proposals contained in Recommendations 21 and 23 it was important that those put forward by the United Kingdom should be studied. It therefore instructed the Ministers' Deputies to consider these proposals and to submit the outcome of their work to the Committee in due course, in order to enable the latter to take a decision on the matter at its Eleventh Session. The Committee will then be in a position to make known its attitude in regard to the Assembly's proposals.

9. The Committee of Ministers had before it a request by the Standing Committee that the former should ask for the opinion of the Assembly on the political aspects of the European Defence Community and on the organisation of a European Political Authority.

10. The Committee of Ministers was unable to accede to this request, because, in the first place, the six Governments at present engaged in drawing up a draft Agreement for the creation of a European Defence Community had some difficulty under present circumstances in agreeing to such a consultation and, secondly, because the United Kingdom proposals introduced a number of new factors which precluded the Committee from reaching an immediate decision on the question of consulting the Assembly on the problem of the organisation of a European Political Authority. It will not be possible to come to a decision until the Committee of Ministers has itself expressed its views on the British proposals. It is understood, however, that the Assembly settles its own Agenda, and is therefore free to decide whether it wishes for a debate on this subject to be included therein.

3 Section I – General Functioning of the Council of Europe

3.1 CHAPTER 1 - Participation in the debates of the Assembly of Ministers who are not members of the Committee of Ministers

11. In this letter of 4th September, 1950, to the Chairman of the Committee of Ministers, the President of the Consultative Assembly expressed a desire for more effective liaison between the Committee of Ministers and the Consultative Assembly and for greater participation in the work of the Assembly of representatives of the Committee of Ministers of Member States.

12. At its Tenth Session the Committee of Ministers approved the principle that Ministers who are not members of the Committee of Ministers should be allowed to take part in the Assembly's debates. To this end the Committee amended Articles 17 and 18 of its Rules of Procedure.

These articles have been amended as follows :

Article 17

(a) The Committee of Ministers may authorise one or more of the representatives on the Committee or any other Minister of a Member Government to make a statement to the Consultative Assembly presenting its views on any matter, whether or not it is on the Agenda of the Assembly.

(b) The representative, representatives or other Minister chosen shall limit themselves to statements previously approved by the Committee, unless the Committee authorises him or them to take part in the debates in the Assembly on the matter in question.

(c) The President of the Assembly and the Chairman of the Committee of Ministers shall settle the date on which the representatives of the Committee shall be heard by the Assembly.

Article 18

(a) If any representative on the Committee, being a member of the Government which he represents, or any other Minister of a Member Government, wishes to speak as an individual and in his own name on any item on the Agenda of the Assembly, the request shall be addressed to the Committee of Ministers by the representative on the Committee of the Government concerned. The Committee is empowered to take a decision on it by a simple majority vote.

(b) If the Committee decides in the affirmative, the Chairman of the Committee shall notify the President of the Assembly, who shall settle with the representative or other Minister the date on which he shall be heard.

3.2 CHAPTER 2 - The Ministers' Deputies

13. The practice of holding regular meetings of the Ministers' Advisers was continued throughout the year 1951/52. As in the past, such meetings were devoted to preparing the work of the Committee of Ministers. Furthermore, on several occasions the Committee of Ministers authorised the Advisers to take decisions on their behalf on specific questions in the intervals between Sessions of the Committee. This procedure proved to be very useful and led the Committee of Ministers to consider a wider delegation of powers of decision in certain matters. As a result, at its Tenth Session the Committee of Ministers adopted a new article for inclusion in its Rules of Procedure, worded as follows :

Article 14

(a) Each representative on the Committee of Ministers may appoint a deputy to act on his behalf when the Committee is not in session. These deputies shall be authorised to meet for the purpose of transacting business and recording decisions on behalf of the Committee of Ministers.

(b) Such meetings of deputies shall normally be held immediately before each session of the Committee of Ministers and may be held at other times at the request of the Secretary-General or of a representative of the Committee of Ministers.

(c) The deputies shall be competent to discuss all matters within the competence of the Committee of Ministers. Decisions taken by the deputies in virtue of the authority given to them by the representatives by whom they are appointed shall be considered as taken on behalf of the Committee of Ministers and shall have the same force and effect as decisions of the Committee. The deputies shall not, however, be competent to take decisions on :

i Matters involving important questions of policy;

ii Matters on which unanimity cannot be reached, with the exception of matters concerning adoption of the Budget, Rules of Procedure and Financial and Administrative Regulations ;

iii Matters which, in the view of one or more of the deputies, should be discussed by the Committee of Ministers, notwithstanding that unanimity thereon has been reached by the deputies.

(d) The chairmanship of meetings of the Ministers' deputies shall be held by the deputy of the Chairman for the time being of the Committee of Ministers.

(e) The provisions of the present Rules of Procedure shall, where appropriate, apply to the meetings of the Ministers' deputies.

3.3 CHAPTER 3 - Permanent Representation of the Governments at Strasbourg

14. Since the Eighth Session of the Committee of Ministers, instituting Permanent Representatives of Governments of the Council of Europe, the Italian, Belgian, United Kingdom, French and Netherlands Governments have each appointed a Permanent Representative to Strasbourg. Those appointed were :

M. F. Cavalletti for Italy ;
M. F. L. Goffart for Belgium;
Mr. C. 0. Wakefield-Harrey for the United Kingdom;
M. Geraud Jouve for France
Baron S. G. M. van Voorst tot Voorst for the Netherlands.

3.4 CHAPTER 4 - Co-ordination of the work of the Committee of Ministers and of the Consultative Assembly

15. With a view to co-ordinating the work of the Committee of Ministers and of the Consultative Assembly, the Committee decided at its Tenth Session to give effect to the following principles :

(1) Information to be given to the Consultative Assembly and its Committees on the work of the Committees of Governmental Experts.

The reports of the Committees of Governmental Experts shall only be transmitted to the relevant Committees of the Assembly after a decision by the Committee of Ministers or by the Ministers' Deputies in each specific case.

The Secretary-General is nevertheless authorised to transmit to the Assembly Committees brief reports on the work of the Committees of Experts, provided that such reports contain no information of a confidential nature and do not reveal the attitudes taken by the various Delegations.

(2) Transmission to the Consultative Assembly of information received from Governments by the Secretary-General.

The Secretary-General is authorised to transmit to the Assembly information supplied by Member Governments which is not marked " Confidential •'.

(3) Participation of representatives of international organisations in the meetings of Assembly Committees.

The Secretary-General is authorised, should it be so desired by an Assembly Committee, to invite representatives of other international organisations, such as I.L.O. and UNESCO, to attend the meetings of that Committee in order to supply it with the information it needs to fulfil its task.

16. In considering the co-ordination of the work of the Council of Europe, the Committee has given particular attention to the question of the participation of Assembly representatives in meetings of Committees of Experts appointed by the Committee of Ministers. While conscious of the advantages which such participation might have in certain circumstances, the Committee found that any proposals designed to achieve that end would create serious difficulties for certain Member States. These difficulties arise from constitutional considerations as to the functions of officials as the advisers or representatives of Ministers, and the relationship of officials to members of the legislature. Although these considerations are peculiar to certain Member States, they are for those States of a fundamental character. Accordingly, the Committee fell unable to come to a decision permitting in principle the participation of Assembly representatives in Committees of Experts appointed by it; such a decision would have caused such serious embarrassment to certain Member States as to prejudice their co-operation in the work of those Committees.

3.5 CHAPTER 5 - Meetings of the Committee of Ministers, the Ministers, Advisers and Deputies and the Committee of Governmental Experts from 1st May, 1951 to 1st May, 1952.

17. May, 1951

Committee of Ministers
Ministers' Advisers
Committee of Experts on Social Security

June, 195:1.

Ministers' Advisers

July, 1951

Committee of Experts on Patents
Ministers' Advisers

August, 1951

Committee of Ministers

September, 1951

Ministers' Advisers
Committee of Experts on Social and Medical Assistance
Committee of Experts on Social Security

November, 1951

Joint Meeting of the Committee of Experts on Social Security and the Committee of Experts on Social and Medical Assistance
Committee of Experts on the Standardisation of Passports
Committee of Cultural Experts
Ministers' Advisers

January, 1952

Committee of the Five Governmental Representatives responsible for drawing up a long-term plan of co-operation between national information services and the Council of Europe
Committee of Experts on Patents
Committee of Experts on the Classification of Patents

February, 1952

Ministers' Advisers (two meetings)

March, 1952

Committee of Experts on the Standardisation of Passports
Committee of Experts on Social Security
Ministers' Advisers
Committee of Ministers
Ministers' Deputies

April, 1952

Committee of Experts on Social and Medical Assistance
Committee of Cultural Experts
Ministers' Deputies.

4 Section III – Relations with International Organisations and non-Member States

4.1 CHAPTER 1 - Relations with International Organisations

18. Since the Committee of Ministers drew up the Report presented to the Consultative Assembly at its Third Ordinary Session, the relations of the Council of Europe with other international organisations have been extended and strengthened. Some of the proposals which were at that time under negotiation have since taken final shape. Further negotiations have been undertaken.

19. In pursuing this task the Committee of Ministers has constantly kept in mind the fundamental role of the Council of Europe. Like the Assembly, it has taken the view that, since its task is of au essentially political nature, it is important to conduct relations with existing international organisations in such a way that the various organs of the Council are kept fully informed of the latter's work and enabled to avail themselves of their services. At the same time, in accordance with the provisions of paragraph (c) of Article J. of the Statute, it is desirable to avoid any duplication of work or the establishment of new technical bodies.

20. The Committee of Ministers has furthermore been anxious to adapt the form of co-operation in each case to the structure and scope of the organisation in question. It has felt that the aim to be achieved was essentially that of enabling the Council to procure the information and services necessary to carry out its task.

(a) United Nations

21. On 15th December, 1951, the Secretary- General of the Council of Europe exchanged letters with the Secretary-General of the United Nations for the purpose of defining the manner in which the Secretary-General of the Council and the Secretariat of the United Nations should collaborate. The terms of these letters provide that the two Organisations shall exchange documents and publications concerning their respective activities; their respective Secretariats will be in consultation at all stages of the preparation and implementation of programmes of common interest undertaken by both organisations. Consultation will take place with a view to ensuring that the Secretariats of both Organisations are represented at meetings of Committees convened for the study of matters of mutual interest. Lastly, the Secretariat-General of the Council of Europe will receive from the Secretariat of the United Nations any technical assistance, which it may request of the latter for the study or implementation of plans of mutual interest.

(b) Organisation for European Economic Co-operation

22. The Consultative Assembly's Reply to the second Progress Report of O.E.E.C. was sent to the Secretary-General of the latter Organisation in December, 1951. The attention of O.E.E.C. was particularly directed to the fact that the Assembly wished that due account should be taken of its views when the Organisation's Third Report was drawn up.

23. The Committees responsible for liaison between the Council of Europe and O.E.E.C. have met on three occasions since 1st January, 1952. They have endeavoured to make their action wider in scope and more effective. With this in mind the Committee of Ministers, at its Tenth Session, gave its approval to a proposal enabling the Secretary-General to consult with his opposite number in O.E.E.C, in order to obtain technical opinions or any other information likely to assist in solving the problems with which the Ministers have to deal. Moreover, the procedure suggested by the Liaison Committees, to enable members of the Assembly's Committee on Economic Questions to consult O.E.E.C. experts within the framework of the Liaison Committees about plans of an economic character in preparation by the Assembly, has already been tried out on two occasions, namely on 16th November, 1951, and 22nd April, 1952.

24. In order to achieve closer co-operation between the Council of Europe and O.E.E.C, the Committee of Ministers adopted a Resolution intended to permit observers from the Secretariat-General of the Council of Europe to attend appropriate meetings of the technical Committees of O.E.E.C. and granting similar facilities to observers from the Secretariat- General of O.E.E.C. at meetings of Committees of Experts of the Council of Europe. In the same Resolution the Council of O.E.E.C. was invited to facilitate the participation of experts from its Secretariat-General, if so requested, in meetings of Working Parties convened by the Council of Europe, in order to provide them with all necessary information.

25. From the measures adopted during recent months it has become evident that co-operation between the two Organisations has become closer and has been strengthened. However, the survey undertaken by the Working Party appointed by O.E.E.C. to consider the problems raised by Recommendation 18 of the Consultative Assembly and the Memorandum of the Swedish Government submitted to O.E.E.C. in January, 1951, made it clear that the implementation of these proposals was meeting with certain difficulties, largely owing to the fact that the two Organisations have not the same membership.

(c) Brussels Treaty Organisation

26. In accordance with a decision adopted by the Committee of Ministers at its Eighth Session as a result of Recommendation 19 (1951) of the Consultative Assembly, the Consultative Council of the Organisation has given careful consideration to the question of its relations with the Council of Europe. The Secretary- General of the Brussels Treaty Organisation has sent to the Committee of Ministers a number of proposals for establishing closer and better relations between the two Secretariats-General. At its Tenth Session the Committee of Ministers decided to approve these proposals. Under the terms of the new arrangement the Secretariats- General will at regular intervals send each other copies of any social and cultural material likely to be of interest to their respective Organisations. Consultation will also take place regularly. An annual Report on the social and cultural work of the Five Powers will be sent to the Council of Europe. The Chairman of the Consultative Council may be invited to present the Report to the Assembly.

27. Lastly, the organs of the Council of Europe may make suggestions to the Brussels Treaty Organisation likely to be of help in connection with its social and cultural work.

28. Co-ordination of the work of the two Organisations is thereby ensured for their mutual benefit without in any way affecting the successful accomplishment of the essential tasks of the Brussels Treaty Organisation.

(d) International Labour Organisation

29. The draft Agreement between the Council of Europe and I.L.O., which was communicated to the Assembly in November, 1951, has received the approval of the Governing Body of I.L.O. It came into force on 23rd November, 1951.

(e) U. N. E. S. C. 0.

30. The negotiations entered into by the Secretary-General on the instructions of the Committee of Ministers, with the Director- General of UNESCO, have led to the preparation of a draft Agreement at present under consideration.

(f) World Health Organisation

31. The Committee of Ministers has instructed the Secretary-General to get into touch with the Director of the European Regional Organisation of the World Health Organisation for the purpose of establishing ways and means of permanent co-operation between the Council of Europe and that Organisation. Discussions with the World Health Organisation have begun, and the Committee of Ministers will keep the Assembly informed of their progress.

(g) Provisional Inter - Governmental Committee for Migratory Movements from Europe

32. The Conference convened at Brussels by the Belgian Government at the invitation of the United States Government, with a view to solving the problem created by the closing down of the International Refugee Organisation, has resulted in the setting up of a Provisional Inter-Governmental Committee for Migratory Movements in Europe with its provisional seat at Geneva.

33. The Committee which directs this new Organisation has been in touch with the Council of Europe and has announced its willingness to give joint consideration to the establishment of co-operation likely to enable certain practical measures to be put into effect, as urged both by the Consultative Assembly and the Committee of Ministers, with a view to ameliorating the present position of refugees and surplus population. Talks have been initiated to this end, and the Committee of Ministers will keep the Assembly informed of their progress.

(h) Conference on Private International Law

34. The Conference on Private International Law held its Seventh Session at the Hague from 9th to 31st October, 1951. Representatives of seventeen countries, including ten Member States of the Council of Europe, took part in the Conference. At the close of its proceedings it adopted various Recommendations for the co-ordination of its work with that of the Council of Europe. It authorised the Netherlands Governments to establish as soon as possible provisional de facto relations with the Council pending the conclusion of a formal agreement. The Netherlands Government was further requested to approach the Members of the Conference for the purpose of taking any steps likely to facilitate the drawing up of such an Agreement.

(i) Interim Commission of the International Trade Organisation

35. At its Tenth Session the Committee of Ministers, after considering Recommendation 11 of the Assembly on the establishment of a joint policy for lowering customs barriers in Europe, authorised the Secretary-General to get into touch with the Interim Commission of the International Trade Organisation for the purpose of studying the best means of co-operation between that Organisation and the Council of Europe. Initial contact has in the meantime been established.

(j) Non-Governmental Organisations :

International Confederation of Free Trade Unions.

International Federation of Christian Trade Unions.

36. The Committee of Ministers has had laid before it two requests, one of them by the President of the International Confederation of Christian Trade Unions and the other by the Secretary-General of the European Regional Organisation of I.C.F.T.U., for these Organisations to be allowed to maintain relations with the Council of Europe on an official basis. The matter is still under consideration by the Committee of Ministers.

4.2 CHAPTER 2 - Relations with Non-Member States

Conference between a Delegation of the Consultative Assembly and a Delegation of the Congress of the United States of North America

37. In its Message to the Consultative Assembly for the Third Session in May, 1951, the Committee of Ministers stated that it would welcome any initiative by the Assembly for the purpose of establishing contact with the Congress of the United States of America. The Committee wishes to say that it was with great interest that it learned the results of the Conference held at Strasbourg, on the initiative of the Assembly, from 19th to 23rd November, 1951.

Admission of Austrian Observers

38. The Committee of Ministers has authorised the admission of representatives of the Austriazi Government as observers at the meetings of certain committees of experts, particularly those dealing with cultural and social questions and with passports and patents.

5 Section IV – Steps taken towards achievement of the aims of the Council of Europe

5.1 CHAPTER 1 - Economic Questions

(a) Full Employment

39. The Committee of Ministers considered Recommendation 10 (1591) adopted by the Consultative Assembly in December, 1951 on the subject of a common policy on full employment. The Committee had adopted at its Ninth Session a resolution inviting the Member Governments to communicate to the Secretary- General their views on Recommendation 5 (1951) relating to the same subject and adopted by the Consultative Assembly in May, 1951.

40. In view of the fact that the information which the Consultative Assembly proposed that all Member Governments should furnish to the Council of Europe corresponded in large measure to the information already supplied by the Governments to the Organisation for European Economic Co-operation, the Committee of Ministers decided to request O.E.E.C. to communicate to the Secretary- General for transmission to the Committee on Economic Questions of the Consultative Assembly the information mentioned in para. 2 (c) of Recommendation 10 (1951). It is believed that this procedure will comply with the wish expressed by the Assembly to be kept informed of the policies of Member States in this field.

41. With reference to the proposal contained in para 2 (b) of this Recommendation for the establishment of a Raw Material Resources and Purchasing Board, the Committee of Ministers reaffirmed its Resolution of 2nd August, 1951, adopted in response to Recommendation 7 of the Assembly of May, 1951. In this Resolution the Committee of Ministers, considering that the International Materials Conference in Washington was already dealing with world problems in this field and that the establishment of the Raw Material Resources and Purchasing Board advocated by the Assembly would duplicate the work of that Organisation, requested O.E.E.C. to include in its Report to the next Session of the Assembly an account of the present stage of international co-operation in the matter of raw materials. Further, the remarks on this subject contained in para. 10 of the Consultative Assembly's Reply to the Committee of Ministers have been transmitted to O.E.E.C.

42. Subsequently the International Raw Materials Conference has decided to transmit to the Council of Europe monthly reports on its activities.

(b) Agricultural Policy

43. The Committee of Ministers was informed by the French Representative that the Preparatory Meeting for the European Organisation of Agricultural Markets (to which reference was made in the second Supplementary Report of the Committee of Ministers in 1951) was to be convened in Paris in March, 1952. The Committee of Ministers decided therefore to transmit to this Conference the Recommendation 8 (1951) of the Consultative Assembly for the establishment of a European Authority for Agriculture.

44. The Preparatory Meeting for the European Organisation of Agricultural Markets met in Paris from March 25th to 28th, 1952, and was attended by delegates from the following countries : Austria, Belgium, Denmark, France, German Federal Republic, Greece, Ireland, Italy, Luxembourg, Norway, Netherlands, Sweden, Switzerland, Turkey and United Kingdom. It was decided unanimously to convene, through the good offices of the French Government, a European Agricultural Conference, which will meet in Paris some time between 1st June and 31st October, 1952, with the following Agenda :

.1 Examination of the conclusions of the Interim Working Party consisting of experts appointed by the Governments of the participating countries and responsible for the preparation of the Conference.

.2 Methods of organising the European agricultural markets and methods of unifying those markets.

.3 Structure and powers of the bodies necessary to carry out functions of organisation and unification provided for.

.4 Links to be established between the European Agricultural Community and any countries which might be unable fully to participate in it but which might agree to associate themselves with it.

.5 Relations to be established between the European Agricultural Community and other countries which are neither full members nor associate members.

45. This Conference will work in close liaison with O.E.E.C. and F.A.O.; the international trade organisations concerned with the production, processing and commerce of agricultural products will be invited to attend as observers; the draft of any convention or treaty which might be drawn up by the Conference will, after initialling and before signature, be submitted to the Consultative Assembly of the Council of Europe for its opinion.

(c) Common Policy of lowering Tariff Barriers in Europe

46. The Committee of Ministers considered at its Tenth Session Recommendation 11 (1951) relating to a common policy of lowering tariff barriers in Europe. Previous to this Session, it was learnt that a special sub-committee of the Working Party set up by the Governments which are Parties to the General Agreement on Tariffs and Trade (referred to in para. 6 of the Recommendation) was due to meet in February, 1952 with terms of reference which included the examination of certain proposals likely to lead to tariff reductions or eliminate discriminatory treatment in customs tariffs. Accordingly, it was decided to transmit Recommendation 11 (1951) to this subcommittee with a request that it should study the proposals contained therein and report in due course on the results of this examination.

47. Subsequently the Secretariat of G.A.T.T. informed the Secretary-General that the special sub-committee which met at Geneva in February, 1952 had considered that examination of this Recommendation was outside its limited terms of reference, but that the main Working Party could consider it at its next meeting ; the latter is expected to take place before the opening of the next session of the GATT Conference, which will be held on 2nd October, 1952. As soon as the results of this examination are known, they will be communicated to the Consultative Assembly.

(d) Control of International Cartels

48. In March, 1951, the Secretary-General submitted to the Governments a preliminary draft Convention on the Control of International Cartels. The attention of the Committee has since then been directed to the work carried out in this field by the Economic and Social Council of the United Nations (ECOSOC).

49. During its Thirteenth Session (July- September, 1951) ECOSOC decided to make a study of the question of restrictive business practices and set up a special Committee for this purpose. This Committee is to submit its Report to the Council by March, 1953 at the latest.

50. The Committee of Ministers has therefore considered it preferable to await the development of the work of ECOSOC. The Secretary- General has been instructed to keep in close touch with this work and to report to the Committee in due course.

(e) Association of European Airline Companies

51. The Committee of Ministers considered Recommendation 12 (1951) relating to an Association of European Airline Companies. Attention was drawn to the fact that a special Working Party was recently appointed in O.E.E.C. to consider whether that organisation should concern itself with the question of air transport. Consequently the Committee decided to defer further action on this Recommendation until the conclusions of the O.E.E.C. Working Party were known.

(f) Co-ordination of European Communications

52. As pointed out in the Supplementary Report of the Committee of Ministers to the Consultative Assembly of 4th May, 1951, the Committee of Ministers is taking no further action in this matter pending receipt of the considered views of the Consultative Assembly.

(g) Establishment of a Postal Union as between the Member States of the Council of Europe

53. In view of the complexity of the problem raised by Recommendation 9 adopted by the Consultative Assembly in December, 1951, the Committee of Ministers decided, before taking any further action, to invite the Governments to communicate in writing their considered views on this subject.

(h) European Companies

54. As mentioned in the second Report of the Committee of Ministers to the Consultative Assembly of 23rd April, 1951, the Committee of Ministers is taking no further action on Recommendation 26 of August, 1950 on the subject of European Companies, since this question is still under consideration by the Committee of the Consultative Assembly.

(i) European Patents Office

55. The Committee of Experts on Patents held its third plenary session at Strasbourg from 14th to 19th January, 1952. During the same period a Committee on Patent Classification met to examine the conditions for establishing a unified system of patent classification. As at previous sessions, representatives of the Swiss Federal Government and of the International Office for the Protection of Industrial Property attended as observers. For the first time representatives of the Austrian Government also attended the session in the same capacity.

56. The tentative Draft Convention relating to the formalities required for the filing of patent applications, which also requires the Contracting Parties to undertake to include preliminary examination for novelty, if only optionally, in their legislation, is at present being considered by Member Governments. These Governments have been requested to communicate their observations on the draft to the Secretary-General before 15th May, 1952.

57. One important achievement of the third plenary session of the Committee of Experts was the unreserved acceptance of the principle of recourse to a Central Patents Office by the representatives of the six countries not at present instituting the preliminary examination for novelty.

58. The complexity of the questions involved is such that the Experts could not be required to complete their task within a short period, since it is of the first importance that these problems be solved in such a way as to secure the achievement of the aim proposed. The work of the Experts on a common definition of patentability inevitably raised the question of the patentability of chemical, food and pharmaceutical products and, in this same field of legal unification the Committee of Experts was called upon to decide, among several other questions, on the procedures for the examination and issue of patents.

59. The establishment of a European Patents Office cannot be contemplated unless all these questions are solved, and it is with this object in view that the two Committees will meet again in July, .1952.

5.2 CHAPTER 2 - Social Questions

(a) Recommendation 14 relating to the adoption of a common policy in social matters

60. Before making a detailed examination of the points dealt with in Recommendation 14 (1951), the Committee of Ministers wishes to assure the Assembly of its recognition of the value of harmonising national activities in the social field.

61. It considers that the contribution made by the Consultative Assembly to the study of the social questions referred to it in August, 1949, together with the work carried out by the Committee of Experts on Social Security in pursuance of the Recommendations of the Assembly, have brought out clearly certain important aspects of the social welfare policies of Member countries.

62. The Secretary-General has accordingly been instructed to prepare a memorandum on the activities which might properly be carried out by the Council of Europe in the social sphere.

63. Within the context of this study particular attention might be given to the considerations expounded in paragraphs (e), (f) and (g) of Recommendation 14.

64. The Committee of Ministers also points out that the implementation of Recommendation 28 of 24th August, 1950, on the European Code of Social Security is still being examined by the Committee of Experts on Social Security, which proposes to put forward suggestions in this connection after the International Labour Conference of 1952.

65. With regard to the European manpower problem, the Committee of Ministers instructed the Committee of Experts on Refugees and Over-population to give its opinion on para. 1 of Recommendation 3 of 14th May, 1951, and approved its conclusions on this point.

66. Several aspects of the housing problem are at present claiming the attention of other international organisations. The Committee of Ministers considers that, as a general rule, the Council of Europe should be content to keep in close touch with the work of those organisations, particularly that done by the United Nations and O.E.E.C. It will not fail to inform the Assembly of the results achieved in this matter by the various organisations concerned. The Committee of Ministers considers that the implementation of the suggestions put forward in para, (c) of Recommendation 14 would lead to a duplication of the work of these other organisations.

67. With regard to para, (d) of Recommendation 14 (1951), the Committee of Ministers, though sharing the concern expressed by the Assembly, believes that the appointment of a new Committee of Experts would not provide the means of solving the difficulties encountered in this matter.

(b) Interim Agreements on Social Security

68. The Committee of Experts on Social Security held its Fourth Session from September 26th-October 2nd, 1951, and devoted itself principally to the examination and revision of the two draft Agreements on Social Security prepared at the request of the Committee by the International Labour Office, in accordance with the. Recommendation of the Consultative Assembly at its First Session in 1949. These Agreements are designed to secure two main principles : the equality of treatment in matters of social security for the nationals of all Member States; and the extension to such nationals of the benefits arising from any existing agreements already concluded between two or more States. In view of the fact that these Agreements will apply to 126 different schemes of social security in 15 different countries and to 40 different bilateral or multilateral agreements, their preparation necessitated several sessions of the Committee.

69. In order to ensure co-ordination between the two draft Agreements on Social Security and the draft Convention on Social and Medical Assistance, which is under preparation by another Committee of Experts, a joint meeting of the two Committees of Experts was held from 14th to 16th November, 1951. The draft Social Security Agreements were then submitted to the Governments for consideration of any further revision that might be necessary, and as a result of various drafting amendments that were proposed, a further meeting of the Committee of Experts on Social Security was held from March 10th to 13th, 1952. At this meeting the Committee revised the texts, which will now be submitted to the Assembly for its opinion.

70. During the preparation of these agreements, the Committee of Experts considered the possibility of extending their benefits not only to nationals of all Members of the Council of Europe but also to refugees. It was clear that this proposal required further study. Consequently, in order to avoid holding up the signature of the Agreements which were already on the point of completion, it was decided to examine the possibility of concluding a Protocol for this purpose at a later date.

71. The Committee of Experts also examined the question of the social security of migrant workers which formed the subject of para. 2 of Recommendation 3 adopted by the Consultative Assembly in May, 1951. The Committee of Experts agreed with the view of the Consultative Assembly that the families of migrant workers should be entitled to full social security benefits even though the breadwinner might be working in another country, but considered that the method by which this result should be obtained was a difficult problem with important economic and financial implications which required further consideration. This question is therefore still outstanding.

(c) Convention on Social and Medical Assistance

72. The Committee of Ministers has also appointed a Committee of Experts on Social and Medical Assistance in order to complete the Agreements on Social Security by similar provisions in the field of social and medical assistance. This Committee held its first session from 24th to 26th September, 1951. A drafting Committee was appointed in order to prepare the first draft of a Convention for this purpose.

73. This drafting Committee met from January 7th - 9th, 1952 and prepared a text which was submitted to the Governments for examination. The full Committee of Experts met again from April 16th to 19th, 1952. It reached agreement on a revised draft Convention under which all Member States would extend the benefit of its schemes of social and medical assistance to the nationals of all other Members of the Council of Europe. This draft Convention has been submitted to the Governments and will be considered by the Committee of Ministers at a forthcoming session.

5.3 CHAPTER 3 - Problem of Refugees and Overpopulation

74. The Committee of Ministers adopted, at its Tenth Session, the following Resolution on the problem of refugees and over-population :

" The Committee of Ministers,

Concerned by the gravity of the problem of refugees and over-population in Member States of the Council of Europe,

Having studied the results of the migration conference convened by the International Labour Organisation at Naples, in October, 1951, and noting that one of its Recommendations was for the establishment of a Consultative Council on European Migration,

Having taken cognisance of the resolution adopted by the Migration Conference called by the Belgian Government at Brussels in November-December, 1951, at the suggestion of the Government of the United States, and of the setting up of a Provisional Committee for the Movement of Migrants from Europe,

Having noted with satisfaction the progress accomplished in the field of emigration and expressing the hope that the action of the Provisional Committee may materially contribute to the transport of migrants who could not otherwise be moved,

Having examined the final Report of the Committee of Experts on the problem of refugees and over-population, endorses the conclusions thereof,

Notes with satisfaction that the Consultative Assembly has set up a Committee on Population and Refugees,

Reaffirms the opinion expressed in its Resolution of August 2nd, 1951, with regard to the establishment of a Special Liaison Committee on the problem of refugees and overpopulation between the Consultative Assembly and the Committee of Ministers,

Having examined Recommendation 13 of the Consultative Assembly, approved the proposal contained therein to establish a Special Liaison Committee as well as its suggested composition,

Invites the Joint Committee to fix methods for the efficient operation of this Special Liaison Committee,

Considers that the Special Liaison Committee should :

Examine projects approved by the Assembly's Committee on Population and Refugees or advanced by the Committee of Ministers and designed to promote the settlement or emigration of refugees and surplus population;
Aim at securing the active support of European public opinion for the solution of the pressing problems of refugees and overpopulation;
Be responsible for co-ordinating and promoting the work of the Council of Europe in this field;
Bear in mind the need for facilitating the vocational training of young refugees and unemployed in countries with a surplus of population;
Follow the activities in this field of the Governments of Member States of the Council of Europe and of those inter-governmental and voluntary organisations dealing with the problem of refugees, over-population and emigration and report thereon to the Assembly and to the Committee of Ministers, it being understood that the work of the Committee will be without prejudice to the special rights of such organisations and the organs of the Council of Europe;

Authorises the Secretary-General to maintain permanent contact with Member Governments and with the international organisations which work in this field, in order to amass all the necessary information on the following points :

i the current situation regarding overpopulation in each country;

ii plans drawn up or measures taken for dealing with the problem within the framework of the national economies;

iii plans drawn up or measures taken in order to facilitate :

a movement within Europe,

b emigration overseas.

With regard to the recommendation of the Consultative Assembly to nominate a special representative, the Committee of Ministers requests the Special Liaison Committee to give its views on this question.

75. This Resolution has been brought to the. attention of 0. E. E. C , the U. N. High Commissioner for Refugees and the Provisional Intergovernmental Committee for Migratory Movements in Europe.

76. The Committee of Ministers also decided to include in its Agenda a Franco- German proposal for organising action among the States most directly concerned, if necessary by means of a partial agreement, for the rehabilitation and occupational training in Europe of refugees and any existing surplus of population.

5.4 CHAPTER 4 - Cultural Questions

77. The Recommendations of a cultural nature adopted by the Assembly during the Second Part of its Third Ordinary Session were examined by the Committee of Ministers at its tenth session..

78. Before reaching a decision on Recommendation 18 (1951) (Organisation of exchanges of teachers, students and young technicians among Members of the Council of Europe) and on Recommendation 20 (1951) (Institution of a " Council of Europe Prize " ) , the Committee transmitted them to the Committee of Cultural Experts.

79. With regard to Recommendation 17 (1951) for the establishment of a European Fund for Exiles, the Committee of Ministers requested Member Governments to inform the Secretary-General before the 15th May, 1952, of the measures taken by them to assist young refugees from European countries in the furtherance of their studies and of any further action they propose to take with the same object in view.

80. The Committee of Ministers has not been able so far to take action on Recommendation 19 (1951) concerning the protection in the event of war of works of artistic or historic value. The Brussels Treaty Organisation is at present establishing a draft unilateral Declaration on this question which differs from that drawn up by UNESCO. In addition, the latter Organisation is preparing an international Convention in this field. The Committee of Ministers therefore thought it preferable to postpone any decision on the matter.

81. The Committee of Cultural Experts held its third Session from 20th to 22nd November 1951. It continued the examination of the Recommendations of the Assembly on which the Committee of Ministers have not yet taken action and of a certain number of questions referred to them by the Committee of Ministers.

82. The Experts submitted to the Committee of Ministers a draft European Convention on the equivalence of diplomas leading to admission to universities. The Committee agreed to this draft in principle. After final drafting changes, the Ministers hope to be able to sign the Convention in the near future.

83. On the proposal of the Cultural Experts, the Committee of Ministers adopted :

a A Resolution in pursuance of the Recommendation adopted by the Consultative Assembly in 1949 concerning the revision of textbooks on history and geography. The Committee recommended that Member Governments should give special consideration to this question within the framework of existing bilateral conventions and, where such conventions do not exist, by concluding suitable bilateral arrangements. Governments are further requested to give such assistance as may be feasible to both official and private bodies engaged on such revision and to grant facilities to organisations and persons working on this problem. The work of revision should include audio-visual aids used in the teaching of history and geography, especially maps, pictures, wall pictures, transparencies and films.

b A Resolution on the exchange of official documents, by which Member Governments are requested

i to ensure that the civil service of each Member Government should have ready access to the official public documents of other Member Governments ;

ii to inform the Secretariat-General of their existing practices for the exchange of documents of a comparable kind, for the sale of their publications in other Member States and for the provision of catalogues or lists of these publications ;

iii to review the present system of procuring foreign publications required by Government departments with a view to simplifying the arrangements.

84. In view of the success of the Short Course in European Studies organised in May, 1951 under the joint auspices of the University of Strasbourg and the Council of Europe, the Committee of Ministers decided that a second course should be organised at Strasbourg in 1952 on the subject of " European International bodies—their work and their problems. " The Committee granted a sum of two million francs towards the expenses of the course, these to include the honoraria to be given to the visiting teachers from the College of Europe at Bruges.

5.5 CHAPTER 5 - Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms

85. During its Tenth Session the Committee of Ministers approved the text of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, which is appended to the present Report. This text was signed on 20th March, 1952, by the representatives of all Member Governments.

86. At the request of the Assembly, the Committee of Ministers accepted the text of Article 2 as drawn up by the Assembly.

87. It should, however, be borne in mind that the Committee endeavoured to establish a text acceptable to all Governments. This is not the case with the text proposed by the Assembly, Article 2 being inacceptable to four Governments, two of which entered a reservation on signature of the Protocol, while two others announced their intention of entering a reservation on the deposit of their instruments of ratification.

88. The decision of the Committee of Ministers to approve the text of the Protocol appended to the present Report was embodied in the following Resolution :

" The Committee of Ministers,

Having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome the 4th November, 1950,

Having regard to the decision taken at its sixth session (November, 1950) to add to the Convention for the Protection of Human Rights a Protocol incorporating the right to education and the principle of free elections,

Having regard to Recommendation 15 (1951) adopted by the Consultative Assembly on 8th December, 1951,

Recognising that, as regards Article 1, the general principles of international law, in their present connotation, entail the obligation to pay compensation to non-nationals in cases of expropriation,

Taking note of the intention of the Governments of Greece and the United Kingdom, on signature of the Protocol, to enter certain reservations concerning Article 2,

Taking note also of the intention of the Governments of Sweden and Turkey, on the deposit of their instruments of ratification of the Protocol, to enter certain reservations concerning the same Article,

Approves the text of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and resolves that it shall be open to signature by the representatives of the Governments in the course of its present session. "

89. Furthermore, at the time of the adoption of the above Resolution, the Netherlands and Irish Ministers for Foreign Affairs made the following declarations respectively :

" In the opinion of the Netherlands Government the State should not only respect the rights of parents in the matter of education but, if need be, ensure the possibility of exercising those rights by appropriate financial measures. "

" At the time of signing the Protocol the Irish Delegate puts on record that, in the view of the Irish Government, Article 2 of the Protocol is not sufficiently explicit in ensuring the parents the right to provide education for their children in their homes or in schools of the parents' own choice, whether or not such schools are private schools or are schools recognised or established by the State. "

90. The Convention for the Protection of Human Rights and Fundamental Freedoms has been ratified by the United Kingdom, Norway and Sweden. The last-named has made the Declaration stipulated in Article 25 of the Convention and thus recognised the competence of the Commission to receive petitions addressed by individuals.

5.6 CHAPTER 6 - Legal and Administrative Questions

(a) Convention on the Reciprocal Treatment of Nationals

91. The observations of Member Governments on the draft Convention on the Reciprocal Treatment of Nationals have been received by the Secretary-General and circulated to the Governments. As the majority of these replies were of a rather general nature, and in view of the large number as well as the complicated nature of the problems involved in the draft Convention, it has been decided to instruct the Secretary-General to invite the Governments to comment in greater detail on the provisions of the draft Convention prepared by the Consultative Assembly. This procedure has been adopted in order to permit the Governments to instruct their experts in full knowledge of the difficulties with which they may be faced when the meeting of the committee of experts is held. As soon as these comments of the Governments have been received, the Committee of Ministers will take a decision on the request contained in para. 27 of the Assembly's Reply to the Committee of Ministers that the replies of the Governments should be transmitted to the Assembly Committee on Legal and Administrative Questions.

(b) European Convention on Extradition

92. The Committee of Ministers at its Tenth Session expressed its agreement with para, (a) of Recommendation 16 (1951) relating to the preparatory measures to be taken to achieve the conclusion of a European Convention on Extradition and requested Member Governments to submit their views on this subject within a period of three months. The Committee of Ministers deferred taking any decision on the convocation of a joint meeting on legal experts and members of the Committee on Legal and Administrative Questions until the replies of the Governments have been received by the Secretary-General and circulated to all Members.

(c) European Passport

93. The Committee of Experts on Passports and Visas which met from 15th-17th November, 1951, and on 4th-5th March, 1952, reached agreement on the desirability of abolishing visas for nationals of Member States of the Council of Europe. It considered, however, that the most effective means of achieving this object would be the conclusion of bilateral agreements between the States concerned. The Committee of Ministers at its Tenth Session endorsed this conclusion and recommended that Member Governments should, as soon as circumstances permit, conclude bilateral agreements for this purpose.

94. The Committee of Experts also reached agreement on a number of proposals for the standardisation of passports issued by Member States of the Council of Europe. These proposals have been submitted to the Committee of Ministers for consideration at its Eleventh Session.

95. The Committee of Ministers took note of the desire expressed by the Consultative Assembly in para. 29 of its Reply that the Committee should revert to the spirit of the original proposal of the Assembly for the creation of a European Passport which would ensure freedom of movement in the territories of Member States. The Committee, however, was not able to agree that this proposal represented a practical possibility at the present time.

(d) Peaceful settlement of disputes

96. The Secretary-General has received the replies of the majority of the Governments on the subject of the peaceful settlement of disputes between Member States of the Council of Europe which formed the subject of Recommendation 56 of November, 1950. These replies have now been circulated to other Govern-merits, and the Committee of Ministers will shortly decide what further action should be taken in this matter.

97. In the meantime, the Committee of Ministers wishes to draw the attention of the Consultative Assembly to the fact that Recommendation 22 of 11th December, 1951, proposing the creation of a single European Court of Justice, represents a further development which was not foreseen at the time when the Opinion which forms part of Recommendation 56 (1950) was prepared. Consequently the Consultative Assembly may wish to consider whether this Recommendation still represents an accurate expression of its views.

98. The request made by the Consultative Assembly in para. 30 of its Reply to the Committee of Ministers, that the Secretary- General should be authorised to transmit to the Committee on Legal and Administrative Questions the replies received from the Governments, has been placed on the Agenda of the Committee of Ministers.

(e) Institution of a single European Court of Justice

99. The Committee of Ministers at its Tenth Session considered Recommendation 22 (1951) on the subject of the creation of a single European Court of Justice and requested Member Governments to transmit their views on this Recommendation to the Secretary-General, if possible by 15th May, 1952. The Committee of Ministers instructed the Ministers' Deputies to take a decision on the convocation of the joint meeting between a group of governmental experts and the Working Party of the Committee on Legal and Administrative Questions proposed in the Recommendation, once the views of the Governments have been obtained.

5.7 CHAPTER 7 - Information

100. As stated in its Second Supplementary Report of 1951, the Committee of Ministers had decided to convene a Committee composed of representatives of Belgium, France, Italy, the United Kingdom and one of the three Scandinavian countries to draw up a long-term plan for co-operation between national information services and the Council of Europe. This Committee met at Strasbourg from 8th to 10th January, 1952. Its Report to the Committee of Ministers is in three parts, of which the second and third, dealing respectively with the publication of the " Council of Europe News " and with the establishment of national correspondents of the Directorate, of Information in Member Countries, were approved by the Committee of Ministers. The first part of the Committee's Report, concerning a long-term plan for co-operation between national information services and the Council of Europe, is still under examination. Pending a final decision by the Committee of Ministers on this part of the Report, the Secretary-General has been authorised to take action in the field of information on the basis of the conclusions of the Report.

5.8 CHAPTER 8 - Aid for the Victims of the Floods in Italy

101. Following the Motion adopted by the Consultative Assembly on 26th November, 1951, recommending that the Committee of Ministers " take urgent practical action to give effective aid to the victims of the floods in Italy " , the Committee of Ministers—at the proposal of its Chairman, M. Lange, Minister for Foreign Affairs of Norway—requested that each Member State of the Council of Europe continue to widen the scope of its action in this field so far as lay within its power.

102. The Committee of Ministers furthermore resolved that Member Governments should be invited to inform the Secretariat- General, before the Tenth Session, of measures taken by each of them in this respect and of any further action which might later be taken by them.

103. At the Tenth Session of the Committee of Ministers the Italian representative on the Committee again expressed his Government's gratitude to Member States of the Council of Europe for the generous and spontaneous aid provided by them to the victims of the floods. He also stated that there was no longer any need of emergency aid..

6 Section V – Internal and Administrative Questions

Budget, 1952

104. Having been duly authorised by the Committee of Ministers, the Ministers' Advisers at their meeting of 23rd November, 1951, approved the Budget for the financial year 1952, amounting to a sum of Frs. 653,880,000.

Appendix

PROTOCOL TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

The Governments signatory hereto, being- Members of the Council of Europe,

Being resolved to take steps to ensure the collective enforcement of certain rights and freedoms other than those already included in Section 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4th November, 1950, (hereinafter referred to as " the Convention ").

Have agreed as follows :

Article 1

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest, and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

Article 2

No person shall be denied the right to education. In the exercice of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.

Article 3

The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.

Article 4

Any High Contracting Party may at the time of signature or ratification or at any time thereafter communicate to the Secretary-General of the Council of Europe a declaration stating the extent to which it undertakes that the provisions of the present Protocol shall apply to such of the territories for the international relations of which it is responsible as are named therein.

Any High Contracting Party which has communicated a declaration in virtue of the preceding paragraph may from time to time communicate a further declaration modifying the terms of any former declaration or terminating the application of the provisions of this Protocol in respect of any territory.

A declaration made in accordance with this Article shall be deemed to have been made in accordance with paragraph 1 of Article 63 of the Convention.

Article 5

As between the High Contracting Parties the provisions of Articles 1, 2, 3 and 4 of this Protocol shall be regarded as additional Articles to the Convention and all the provisions of the Convention shall apply accordingly..

Article 6

This Protocol shall be open for signature by the Members of the Council of Europe who are the signatories of the Convention; it shall be ratified at the same time as or after the ratification of the Convention. It shall enter into force after the deposit of ten instruments of ratification. As regards any signatory ratifying subsequently, the Protocol shall enter into force at the date of the deposit of its instrument of ratification.

The instruments of ratification shall be deposited with the Secretary-General of the Council of Europe, who will notify all Members of the names of those who have ratified.

Done at Paris, on the 20th day of March, 1952, in English and French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the signatory Governments.

At the time of signature of the Protocol the Representatives of the Governments of Greece and of the United Kingdom made the following reservations :

Greece : " At the time of signature of this Protocol, the Greek Government, pursuant to Article 64 of the Convention, makes the following reservation relating to Article 2 of the Protocol : The application of the word " philosophical " which is the penultimate word of the second sentence of Article 2, will, in Greece, conform with the relevant provisions of international legislation. "
United Kingdom : " At the time of signing the present Protocol, I declare that, in view of certain provisions of the Education Acts in force in the United Kingdom, the principle affirmed in the second sentence of Article 2 is accepted by the United Kingdom only so far as it is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure. "

Third Report of the Committee of Ministers to the Consultative Assembly in pursuance of Article 19 of the Statute

Contents

1 Introduction