Seventh Report addressed by the Committee of Ministers to the Consultative Assembly under Article 19 of the Statute
Statutory report
| Doc. 485
| 12 April 1956
1 General remarks
1. In accordance with Article 19 of the Statute of the
Council of Europe, the Committee of Ministers has the honour to
address its Seventh Report to the Consultative Assembly, on the
occasion of its Eighth Ordinary Session.
2. This Report is a continuation of the Supplementary Report
(Doc. 415) transmitted to the Assembly in October, 1955, and covers
the period from 14th October, 1955, date of the opening of the second
part of the Assembly's Seventh Ordinary Session, to 16th April,
1956.
3. The Committee of Ministers held its 17th Session in Paris
on 13th December, 1955. The decisions then adopted were reported
to t h e President of the Assembly in a letter from the Secretary-General
dated 22nd December, 1955 (Doc. 473).
4. The Committee of Ministers has particular pleasure in announcing
t h a t on 8th March, 1956, i t invited the Republic of Austria
to become a Member of the Council of Europe. Resolution (56) 4,
adopted in that connection, reads as follows :
" The Committee of Ministers,
1. Noting that the Federal Government of the Republic
of Austria has made known its desire to become a Member of the Council
of Europe;
2. Noting that the Republic of Austria fulfils the conditions
laid down in Article 4 of the Statute;
3. Recalling Resolution 9 (1951), in which the Consultative
Assembly expressed the wish that the Committee of Ministers might
seize the first appropriate opportunity to invite Austria to become
a Member of the Council of Europe;
4. Having regard to the favourable opinion expressed by
the Standing Committee of the Consultative Assembly,
Resolves :
1. that the
Republic of Austria be invited to become a Member of the Council
of Europe and adhere to the Statute under the terms of Article 4
thereof;
2. that Austria shall be entitled to six seats in the
Consultative Assembly,
3. that the Austrian contribution for the current year
shall amount to 22,547,000 French francs and that its contribution
to the Working Capital Fund shall be 5,400,000 French francs;
Instructs the Secretary-General to inform the Federal
Government of the Austrian Republic of these decisions and to take
all appropriate steps to put them into effect.”
At
the 18th Session of the Committee of Ministers, the Minister for
Foreign Affairs of the Republic of Austria deposited with the Secretary-General
of the Council of Europe the instrument of accession of his country
to the Council. The representative of Austria was immediately invited
to t a k e part in t h e 18th Session of the Committee of Ministers.
5. During the period under review, the Ministers' Deputies held
five meetings, the last being from 9th to 11th April, 1956, and
examined, inter alia, the
conclusions of the second part of the Seventh Session of the Assembly.
6. A feature of the 17th Session of the Committee of Ministers
was the signing of the European Convention on Establishment and
the Agreement on t h e Exchange of War Cripples with a view to Medical
Treatment. This raises to ten the number of agreements and conventions
signed under the auspices of t h e Council of Europe.
7. Opinion No. 13 of the Assembly on the rôle of the Council
of Europe in the political field and Recommendation 73 (1955) on
duplication of work among European organisations have received careful consideration
from the Committee of Ministers. The reply of the Ministers to the
two texts in question was transmitted to the Assembly in a letter
from the Secretary- General dated 9th March, 1956 (Doc. 481).
8. This Report follows the same lines as in previous years :
Section I deals with steps taken to achieve the aims of the Council
of Europe in the various fields of its competence, Section II with
the machinery of the Council of Europe, while Section III reviews
relations with international and supranational organisations.
2 SECTION I – Steps taken to achieve the aims of
the Council of Europe
2.1 CHAPTER I – Economic questions
2.1.1 (a) Reduction of customs tariffs
9. The Committee of Ministers has made a preliminary
examination of Assembly Recommendation 82 (1955). It wishes to express
the interest it attaches to the problems raised in this Recommendation,
on which it will hold a further discussion in the near future.
10. Meanwhile the text of the Recommendation has been transmitted
to the Executive Secretary of G. A. T. T. ; the Contracting Parties
have thus been informed of the views of the Assembly without loss
of time.
11. The Committee of Ministers will inform the Assembly of any
decisions it may take in this respect as soon as it is in a position
to do so.
2.1.2 (b) European Atomic Energy Organisation and (c)
Creation of a general common market
12. In accordance with the decision taken at its 17th
Session, the Committee of Ministers thought it preferable to postpone
examination of Resolutions 89 and 90 (1955) of the Assembly until
the Brussels Intergovernmental Committee publishes t h e results
of its work in this field and the Member Governments of that Committee
have been able to reach a decision.
2.1.3 (d) Economic development of Southern Europe
13. A draft resolution on this subject, presented by
the Delegations of the Federal Republic of Germany, Greece, Italy
and Turkey is under consideration by the Committee of Ministers.
14. This subject is also included in the agenda of the first part
of the Eighth Session of the Assembly.
2.1.4 (e) European economic integration
15. Recommendation 77 (1955) has been discussed by the
Committee of Ministers and transmitted to the OEEC Council for an
opinion. It was subsequently discussed by the Liaison Committees,
with the participation of representatives of t h e Assembly's Committee
on economic questions.
16. The study of this question will be continued in connection
with Resolutions 89 and 90 (1955) in the light of the opinion of
0. E..E. C.
2.1.5 (f) Control of international cartels
17. On the instructions of the Committee of Ministers
the Secretariat has prepared a study of this problem, as a basis
for a further discussion by t h e Committee.
2.2 CHAPTER II – Social questions
2.2.1 (a) Public Health
18. The Committee of Ministers duly noted the report
of t h e third session (July, 1955) of the Committee of Experts
on Public Health. It accepted the principle of creating fellowships
for the benefit of the medical profession and personnel of health
services. The number and value of these fellowships will be decided
during the discussion of the 1957 Budget, in the light of the general
budget situation.
19. The recommendations of the experts with regard to the duty-free
import of :
a artificial limbs and
orthopaedic equipment; and
b biological products and therapeutic substances of human
origin. have been carefully studied by the Committee of Ministers.
20. As regards (a) the possibility of a partial agreement is under
consideration.
21. As regards (b) a further discussion has been postponed pending
examination of the fourth report of the Committee of Experts on
Public Health.
22. The fourth session of the Committee of Experts on Public Health,
held from 8th to 10th February, 1956, was attended by observers
from Austria and Switzerland and by representatives of the W. H.
0. and W. E. U.
2.2.2 (b) Agreement on the Exchange of War Cripples
for Medical Treatment
23. Having considered Opinion No. 18 of the Consultative
Assembly, the Committee of Ministers approved the text of the draft
Agreement on the Exchange of War Cripples between member countries
of the Council of Europe with a view to Medical Treatment.
24. The Agreement was signed in Paris on 13th December, 1955 by
all member countries except Iceland, Norway and Sweden.
25. It came into force on 1st January, 1956, France, the Federal
Republic of Germany and Ireland having signed it without reservation
as to ratification.
26. Sweden also signed it without reservation as to ratification
on 3rd March, 1956.
2.2.3 (c) European Code of Social Security
27. The Committee of Ministers took note of the Report
of the eighth session of the Committee of Experts on Social Security,
containing a draft European Code of Social Security prepared in
collaboration with the I. L. 0.
28. The Committee of Ministers decided to transmit the draft Code
to the Assembly, for its opinion, during the second part of its
Eighth Session.
2.2.4 (d) Third session of the Social Committee
29. The third session of the Social Committee will be
held at Strasbourg from 24th to 28th April, 1956.
2.3 CHAPTER III – Refugees and over-population
Activities of the Special Representative
of the Council of Europe for National Refugees and Over-population
30. At its 17th Session, the Committee of Ministers heard
a statement by M, Pierre Schneiter, Special Representative of the
Council of Europe for National Refugees and Over- Population and
took note of Recommendation 75 (1955) of the Assembly. It then adopted
Resolution (55) 34, the text of which was communicated to the President
of the Assembly in a letter from the Secretary-General, dated 22nd
December, 1955 (Doc. 473).
31. The Committee of Senior Officials specialising in refugee
and over-population problems met at Paris on 16th and 17th February,
1956, at the request of M. Pierre Schneiter, to examine the Resolution
defining the functions of the Special Representative and the draft
Articles of Agreement of the Resettlement Fund.
32. Pursuant to Resolution (55) 34, whereby the Committee of Ministers
decided to extend the mission of the Special Representative for
an indefinite period and to establish a Resettlement Fund for National
Refugees and Over-population on the basis of a partial agreement,
the Ministers' Deputies examined the proposals of the Special Representative
with regard to his terms of reference and the Articles of Agreement
of the Fund during their 39th Meeting on 10th April, 1956.
33. Having heard the comments of the Special Representative on
these texts, and having revised their wording, the Deputies agreed
to submit them for approval to the Committee of Ministers at its
meeting on 16th April, 1956. At its 18th Session, the Committee
of Ministers, after hearing [a statement by the Special Representative,
adopted the following resolutions :
2.3.1 (a) RESOLUTION (56) 8 defining the functions of
the Council of Europe Special Représentative for National Refugees
and Over-population in Member States of the Council of Europe :
The Committee of Ministers,
Having regard to Resolution (55) 34 of 13th December 1955,
extending for an indefinite period the mandate of the Council of
Europe Special Representative for National Refugees and Over-population,
Resolves to adopt the following regulations governing the
functions of the Special Representative :
ARTICLE I
The Council of Europe Special Representative for National
Refugees and Over-population in Europe shall take steps to encourage
the Governments and competent organisations, whether individually
or by concerted action, to adopt measures for the solution of problems
of national refugees and of over-population with which European
countries are, or may be, faced.
The Special Representative is thus more particularly instructed
:
1. to bring a political stimulus to bear in the search for
a solution to these problems and to awaken public consciousness
of their importance;
2. to harmonise and disseminate information on the experience
gained by countries confronted with the same problems, notably with
regard to economic expansion, full employment and social stability;
3. to encourage the Governments to co-ordinate more effectively
their policy in regard to refugees and over-population, and, if
need be, to carry it out in the various international organisations,
with due regard for the special situation of certain countries;
4. to assist, at the request of Governments, in working out
integration programmes to be carried out within the economic framework
of the country of residence or by means of migration both within
and outside Europe;
5. to consult as may be necessary the competent international
organisations, both inter-governmental and non-governmental, possessing
consultative status with the Council of Europe, paying due heed,
in order to avoid duplication of the work already being done by
these organisations;
6. to facilitate the political and moral support of the Council
of Europe for the activities of the specialised organisations.
ARTICLE II
In order to aid the Special Representative in the accomplishment
of his mission, and to coordinate his work as defined in Article
I with that of the other international organisations, in accordance
with paragraph (i) of Resolution (55) 34, the Special Representative
shall be assisted by an Advisory Committee comprising :
1. a senior official specialising in the field of refugees
and over-population from each member country of the Council of Europe
wishing to be represented;
2. one observer from each of the international and intergovernmental
organisations concerned invited by the Special Representative. The
Committee may put forward sugges. tions for new projects. The Council
of Europe Special Representative shall be ex officio Chairman of
this Committee.
ARTICLE III
The Committee shall meet when convened by its Chairman through
the medium of the Division of Refugees and Over-population, which
provides the secretariat of the Special Representative.
ARTICLE IV
The Special Representative shall present to the two organs
of the Council of Europe an annual report on his activities.
2.3.2 (b) RESOLUTION (56) 9 concerning the adoption
of the Articles of Agreement of the Council of Europe Resettlement
Fund for national refugees and over-population in Europe
The Committee of Ministers,
Having regard to Resolution (55) 34 of 13th December, 1955,
approving the establishment of a Council of Europe Resettlement
Fund on the basis of a Partial Agreement;
Having regard to Resolutions (51) 29 of 3rd May, 1951, and
(51) 62 of 2nd August, 1951, concerning partial agreements,
Resolves to adopt the Articles of Agreement of the Council
of Europe Resettlement Fund appended to the present Resolution,
it being understood :
a that the
Resolution is considered to have been adopted only by those representatives
who voted in its favour, and that its application is restricted
accordingly;
b that any additional expenditure incurred by the Council
of Europe in respect of the drafting of the Articles of Agreement
and the operation of the Resettlement Fund shall be borne exclusively
by the Member States whose representatives have voted in favour
of this Resolution.
2.3.2.1 Articles of Agreement of the Council of Europe
Resettlement Fund
ARTICLE I – Establishment of
the Fund
A Council of Europe Resettlement Fund (hereinafter called
" the Fund ") shall be established.
The Fund shall be attached to the Council of Europe and administered
under its supreme authority.
ARTICLE II – Purpose
The purpose of the Fund is to help in solving the problems
with which European countries are or may be faced as a result of
the presence of surplus elements of population, including national
refugees, by providing or guaranteeing loans to finance :
a absorption programmes approved
by a Member of the Fund in accordance with Article VI of the present Articles
of Agreement, designed to create new opportunities of employment
for such persons;
b resettlement programmes approved by a Member of the Fund
providing for loans to or expenditure for the benefit of persons
residing in Europe who seek resettlement in a European or extra-European country
and who shall undertake to repay the amount of such loans or expenditure
insofar as they are financed by the Fund.
ARTICLE III – Membership
Member Governments of the Council of Europe may become Members
of the Fund in accordance with the provisions of Article IV, Section
2 (a) (i). Other Governments admitted to membership by the Fund
may become Members of the Fund upon such special conditions as the
Fund may prescribe in each case, in accordance with the provisions
of Article IV, Section 2 («) (ii)
ARTICLE IV – Obligations of
Members
Section 1. — Participating Certificates
The Fund shall issue for subscription by its Members participating
certificates expressed in terms of a single currency as a common
denominator. Members shall pay their subscriptions in their national
currency, at the official rate of exchange in effect at the time
of subscription.
Section 2. — Subscriptions
(a) Each Member shall subscribe a certain number of participating
certificates :
1. the number of participating certificates placed at the
disposal of each Member State of the Council of Europe is fixed
in accordance -with the table appended to the present Articles of
Agreement. Each member of the Fund shall subscribe as many participating
certificates as it wishes, but shall not initially take up less
than one quarter of such certificates placed at its disposal.
2. The number of participating certificates to be allocated
to other Members shall be fixed by agreement with the Governing
Body of the Fund in accordance with Article IX para, (e) of the
present Articles of Agreement.
Each Member shall pay in at least twenty-five per cent (25
%) of the subscription price of the participating certificates subscribed
by it promptly upon becoming a Member; and the balance shall be
paid in accordance with Article IX para. (c).
Section 3. — Maintenance of Value of Subscriptions
Whenever the par value of a Member's currency is reduced or
the foreign exchange value of such currency has depreciated to a
significant extent, the Member shall pay to the Fund within a reasonable
time an additional amount of its own currency sufficient to maintain
the value, as at the time of subscription, of the subscription by
the member of participating certificates of the Fund.
Section 4, — Limitation of Liability
No Member shall be liable to third parties for any obligation
of the Fund.
ARTICLE V – Contributions and
borrowing operations
For uses not inconsistent with its purpose, the Fund may accept
contributions. It may also borrow funds.
The Fund is empowered to receive contributions offered for
specific purposes which come within its stated aims.
ARTICLE VI – General provisions
relating to loans and guarantees
Section 1. — Forms of Loans
Loans made by the Fund shall be in one of the following forms
:
1. loans to Member Governments of the Fund;
2. loans guaranteed by a Member Government of the Fund granted
to any legal person approved by that Member;
3. loans guaranteed by a Member Government of the Fund and
granted to migrants through the intermediary of the Member of any
legal person approved by that Member.
Section 2. — Guarantees
The Fund may grant its guarantee for transactions arising
from the realisation of the aims set out in Article II, conditions
to be determined for each particular case.
Section 3. — Obligations of Borrower or Guarantor
(a) The obligations of Member Governments of the Fund under
loans granted pursuant to Section 1 (i) of this Article and the
guarantees of Member Governments of the Fund under Section 1 (ii)
and 1 (iii) of this Article must in each case be an unconditional
promise :
1. to repay within a specified period, a specified sum expressed
in a specified currency; and
2. to pay interest and, where necessary, a commission in respect
of the specified sum, at a specified rate, at specified intervals
and beginning on a specified date.
In determining the currencies in which obligations of Member
Governmnnts of the Fund, whether borrowers or guarantors, shall
be expressed, the Fund shall seek to maintain a balance in amounts
and currencies between its assets, including such obligations, and
the subscription prices paid by its Members, including any payments pursuant
to Article IV, Section 3.
Section 4. — Subrogation
In the loan contracts guaranteed in accord" ance with Section
i (ii) and 1 (iii) of this Article! it shall be laid down that the
guarantor, upon satisfying its obligation to the Fund under the
guarantee, shall be subrogated to the corresponding claims of the
Fund against the principal borrower or borrowers.
Section 5. — Supporting Statements by Members
In Support of applications for loans to bp granted in connection
with resettlement or absorption programmes, the Fund shall receive
a statement by a Member that :
1. it approves the programmes;
2. it believes that the programme will result in the successful
resettlement or absorption of persons resident in the European territory
of the member;
3. it believes that the funds to be supplied by the Fund are
not available upon reasonable terms from any other source.
Section 6. — Supporting Information
The Administrative Council referred to in Article X of these
Regulations shall determine what information and pledges a borrower
shall be required to furnish in support of its application.
ARTICLE VII – Investments
Section 1. — Temporary Investments
Pending its first use of the funds subscribed by a State,
the Fund may invest in Treasury Bills or other securities issued
and guaranteed by that State.
In making investments, the Administrative Council shall take
expert advice.
Section 2. — Accumulation and Investment of Surplus
The Fund's surplus resulting from an excess of receipts on
account of interest and commissions, or any part thereof, may be
accumulated and invested in a manner to be determined by the Administrative
Council.
ARTICLE VIII – Organisation,
Administration and Supervision of the Fund
The organisation, administration and supervision of the Fund
shall be divided between the following :
- the Governing Body
- the Administrative Council
- the Governor
- the Auditing Board as provided in the succeeding Articles.
ARTICLE IX – Governing Body
Section 1. — Decisions reserved to Members
The Governing Body, representing the Members of the Fund,
shall have sole authority :
a to
determine the single currency (common denominator) and the nominal
value of the participating certificates;
b to determine the terms upon which the Fund will accept
contributions or borrow funds and the rights to be granted, including
their rights in respect of the Fund's assets, to contributors or
lenders to the Fund ;
c to fix the dates on which calls are to be made upon the
unpaid balance of participating certificates subscribed, according
to the requirements of the Fund for carrying out its stated aims
;
d to determine the operating policies of the Fund;
e to authorise Governments other than Member Governments
of the Council of Europe to join the Fund, to lay down conditions
for their admission and to determine the number of participating
certificates to be subscribed by such Governments ;
f to appoint the Governor, revoke his appointment and accept
his resignation;
g to recommend the international or other legislative measures
to be adopted by Members, in order to define such matters as the
special arrangements governing assets or property held by the Fund
in their territory or in the territory of third States and the obligations
of Members arising from special operations of the Fund;
h to amend these Articles, without, however, making any
change in their stated aims;
i to interpret these Articles of Agreement;
j to suspend permanently the operations of the Fund and
to distribute its assets;
k to draw up Rules of Procedure and to designate its Chairman.
l to nominate the three auditors who shall constitute the
Auditing Board.
Section 2 — Voting
(a) The decisions reserved to Members of the Fund shall be
taken by votes cast either orally at meetings or in writing between
meetings.
(b) Each Member of the Fund shall have one vote for each participating
certificate held by it.
ARTICLE X – Administrative Council
Section 1 — Decisions reserved to the Administrative Council
The Administrative Council shall have all the necessary powers
to administer the Fund. It shall take decisions for such purposes
as the following :
a to determine
from time to time what portion of the Fund's surplus, if any, shall
be accumulated and invested pursuant to the provisions of Article
VII, Section 2;
b to approve the operating budget of the Fund on the principle
that operating expenses may not exceed receipts on account of interest
and commissions;
c to give to the Governor specific or general directives;
d to establish Rules of Procedure for the Fund and in particular
the terms on which loans shall be granted or guaranteed;
e to transmit each year to the Special Representative, for
submission to the Committee of Ministers, the report of the Governor
of the Fund.
Section 2 — Composition of the Administrative Council
(a) The Administrative Council shall consist of a Chairman
appointed by the Governing Body, together with one representative
of each member of the Fund. Each representative to the Administrative
Council shall have a number of votes equal to the number of participating
certificates held by the member he represents.
(b) The Administrative Council may invito representatives
of the international and intergovernmental organisations concerned
to participate without vote in its proceedings.
Section 3 — Term of office of members of the Administrative
Council
Appointments of members of the Administrative Council shall
continue until revoked by the Member of the Fund which has appointed
him. Retiring members of the Council are always eligible for re-appointment
or re-election.
Section 4 —- Method of Decision by the Administrative Council
a The Administrative Council shall
be convened by its Chairman. It shall meet whenever the necessity arises
and at least once each quarter;
b The decision of the Administrative Council shall be taken
by a majority of the votes cast by members present. Two-thirds of
its members shall constitute a quorum, failing which the deliberations
of the Council shall be invalid.
Section 5 — Committees of the Administrative Council
The Administrative Council may from time to time appoint Committees
from among its members and delegate to such Committees powers to
be specified in each case.
Section 6 — Compensation of members of the Administrative
Council
Members of the Administrative Council shall serve without
compensation from the Fund, but their reasonable expenses incurred
in performing their functions as members of the Administrative Council
shall be reimbursed by the Fund.
ARTICLE XI – Governor
Section 1 — Functions of the Governor
The Governor shall conduct the current administration of the
Fund under the instructions and supervision of the Administrative
Council.
He shall represent the Fund in all its transactions. He shall
not contract any financial obligations, in accordance with the terms
of Articles V and VI of the Articles of Agreement, without the express
authorisation of the Administrative Council.
He shall incur administrative expenses within the limits of
the budgetary credits allocated to him.
He shall take all necessary steps to keep these expenses at
a strict minimum. In particular, he shall avail himself of such
services as may be offered by the Council of Europe; in dealing
with financial matters he shall enlist the co-operation of the central
banks of the Members and the Bank for International Settlements,
and in dealing with problems incidental to resettlement and absorption
of surplus population, that of agencies and individuals experienced
in the field.
He shall hold the property and assets of the Fund and shall
keep adequate accounts.
Section 2 — Reports to the Administrative Council
The Governor shall submit to the Administrative Council regular
reports on the position of the Fund and on proposed operations and
shall supply it with any information it may request.
The Governor shall draw up a full annual report on all operations
effected throughout the year.
This report shall be accompanied by the balance-sheet of the
Fund and the operational accounts, together with the Auditors' Report
on these documents.
Section 3 — Appointment and Salary of the Governor
The Governor shall be appointed for a period of 3 years and
may be re-elected on the expiry of his term of office. The amount
of his salary shall be fixed by the Administrative Council.
ARTICLE XII – Auditing Board
The Auditing Board shall annually inspect the Fund's accounts
and verify that the operational accounts and balance-sheet are in
order.
The auditors' report shall state whether the balance-sheet
and operational accounts are in agreement with the books and whether
they give a true and fair picture of the state of the Fund's affairs
as at the end of each financial period.
ARTICLE XIII – Headquarters
The principal office of the Fund shall be at Strasbourg, France.
The Headquarters of the operational services shall be decided by
the Administrative Council.
ARTICLE XIV – Suspension of
operations and liquidation of the Fund
Section 1 — Suspension of Operations
Should the Governing Body decide upon the suspension of operations
the Fund shall forthwith cease all activities except those incidental
to the settlement of its obligations and the orderly realisation,
conservation and preservation of its assets.
Section 2 — Withdrawal of Members
Any Member may withdraw from the Fund on giving notice of
six months prior to the end of the current financial year. : The
conditions for this shall be laid down by the Governing Body.
Section 3 — Liquidation of the Fund
After all liabilities of the Fund, including satisfaction
of rights upon distribution which may previously have been granted
by the Fund upon accepting contributions under Article V have been
discharged or provided for, the Members of the Fund may adopt a
plan for the distribution of assets which shall be based on the
following principles.
a No member
of the Fund against which the Fund has an unsatisfied claim shall
be eligible to participate in the distribution under the plan until
it has regularised its position.
b If the Fund's nett assets permit, each Member of the Fund
shall receive as a distributive share the amount it paid under Article
IV in the same currency or, if that should not be possible, the
equivalent as of the time of distribution in other currencies. Should
the extent of the Fund's nett assets not permit the full return
of such distributed shares, any possible deficit shall be shared
by all Members of the Fund in the same proportion.
c Any excess of the Fund's nett assets over the aggregate
total of such distributed shares shall be allotted to all Members
of the Fund in proportion to the number of participating certificates
held, by each.
d To the extent that these distributed shares are paid to
any Members of the Fund in the currencies of other Members of the
Fund, the latter shall take the necessary steps to ensure, in accordance
with the procedure provided for under their exchange regulations,
transactions involving the amounts thus distributed.
ARTICLE XV – Final clauses
Section 1 — Organisational meeting
As soon as the present Articles of Agreement have been adopted
by virtue of a Resolution of the Committee of Ministers on the basis
of a Partial Agreement, the Secretary- General of the Council of
Europe shall, in agreement with the Special Representative, call
the first meeting of the Governing Body which shall take all necessary
or desirable steps to organise the Fund in conformity with the present
Articles of Agreement.
Section 2 — Notification of the beginning of operations
The Governor shall notify Members of the Fund of the date
on which the Fund will be ready to begin its operations.
Section 3 — Membership
(a) Any Member of the Council of Europe who is not a Member
of the Fund may join the Fund by addressing a declaration to this
effect to the Committee of Ministers. In this declaration the new
Member Government shall signify its acceptance of the present Articles
and Agreement and subscribe the number of participating certificates
determined in agreement with the Governing Body, in accordance with
Article IV of the present Articles of Agreement.
(b) Any Government which is not a Member of the Council of
Europe and which, pursuant to Section 1, paragraph (e) of Article
IX, has been allowed to join the Fund, may do so by depositing with
the Secretary-General of the Council an instrument to the effect
that it accepts the present Articles of Agreement, that it subscribes
the number of participating certificates determined in agreement
with the Governing Body, that in accordance with Article IV of the
present Articles of Agreement it has taken all necessary steps to
ensure that it can fulfil all the obligations arising from the present
Articles of Agreement and that it has fulfilled all the conditions
for admission laid down by the Governing Body.
(c) The Secretary-General of the Council of Europe shall notify
the Governor and all the Members of the Fund of the reception of
any declaration of accession by a new Member and the deposition
of any instrument of accession made in application of the preceding
paragraphs.
Section 4 — Interpretation of the present Articles of Agreement
Any decision of the Administrative Council involving the interpretation
of the present Articles of Agreement may be referred to the Governing
Body at the request of any Member; the decision of the Governing
Body shall be final. Until such time as the Governing Body has made
a ruling, the Fund may, to the extent it deems it necessary, act
on the basis of the decision of the Administrative Council.
Section 5 — Certified Copy
The Secretary-General of the Council of Europe shall communicate
a certified copy of the present Articles of Agreement to every Member
of the Council and to every non-Member Government which has joined
the Fund.
The above Resolution was adopted, as a partial agreement,
by the representatives of the following member countries : Belgium,
France, Federal Republic of Germany, Greece, Iceland, Italy, Luxembourg
and Turkey.
2.3.3 (c) RESOLUTION (56) 10 concerning recourse to
courts of law in the event of legal action against the Council of
Europe Resettlement Fund for National Refugees and Over-population
in Europe
The Committee of Ministers,
Having Regard to Resolution (56) 9 adopting the regulations
of this Fund on the basis of a partial agreement;
Having Regard to Resolution (56) 9 adopting the regulations
of this Fund on the basis of a partial agreement;
Having noted the said Articles of Agreement;
Having regard to Article 3 of the General Agreement on Privileges
and Immunities of the Council of Europe;
Considering that creditors of the Resettlement Fund must have
means of legal redress,,
Declares that it is prepared to waive the immunity of the
Council of Europe from legal process if an action is brought against
the Council in consequence of a dispute over the interpretation
or execution of the terms of a lease or any other contractual obligation
arising out of a contract concluded between the applicant and the Council
in connection with the Resettlement Fund and within the limits of
the liability of that Fund, it being understood that claims arising
from a court judgment, or from any contract, shall be made exclusively
from the Fund's resources, or by Member States participating in
the Fund;
Decides that, in the circumstances mentioned in the previous
paragraph, and in any country where the laws require such representation,
the Council of Europe shall be represented in law by the Governor
of the Resettlement Fund.
The Representative of the Republic of Austria abstained from
voting on the three above Resolutions, reserving the right to make
known the views of his Government after a thorough examination of
the question.
2.4 CHAPTER IV – Cultural questions
34. The Committee of Ministers examined the report prepared
by the Committee of Cultural Experts at its tenth session (April,
1955) and at the same time took note of the draft Rules of Procedure
of the Joint Cultural Committee, which held its first meeting in
Paris on 10th and 11th February, 1956. The Committee of Ministers decided
to transmit these draft Rules, together with certain amendments,
to the Committee of Cultural Experts for a final opinion.
35. The Committee of Ministers also decided to increase the budgetary
appropriation for the cultural activities of the Council of Europe
fro.m 19 million francs in 1955 to 25 million in 1956.
36. The Report of the eleventh session of the Committee of Cultural
Experts which was held from 26th to 29th October, 1955, has been
approved by the Committee of Ministers. The Committee of Experts
decided, as from 1956, to hold one annual session instead of its
usual two. The first annual session will take place early in May,
1956, when the Committee will set up a new Bureau which will meet
twice a year.
37. In this Report the Committee of Cultural Experts recorded
the following decisions :
2.4.1 (a) Council of Europe and ECSC Fellowships.
38. The members of the Selection Committee for 1956 will
be as follows : M. van Kleffens, Minister of State, at present Netherlands
Minister at Lisbon; Professor H. M. Hansen, Rector of the University
of Copenhagen; Professor Ugo Papi, Rector Magnificus of the University
of Rome; À representative of the Consultative Assembly; Mr. Morrison,
Rapporteur for the Committee of Cultural Experts. The meeting will
be held in Strasbourg on 29th June, 1956.
39. The Council of Europe will grant a maximum of nineteen fellowships
and the E. C. S. C. a maximum of five.
2.4.2 (b) European Exhibitions
40. The Cultural Experts prepared the following provisional
time-table of European exhibitions : 1956 : Classical, Realist
and Baroque Paintings of the x v n t h Century (Italy). 1957 : Late
Middle Ages (tentative title) (France). 1958 : Late Baroque and
Rococo (Federal Republic of Germany). 1959 : Early Middle Ages (organised
jointly by the Scandinavian countries). 1960 : Romantic Movement
1750-1850 (United Kingdom).
2.4.3 (c) Course on the presentation of the European
idea
41. The fourth course in this series will be held in
the United Kingdom in 1956, with the theme : " The European Idea
in Action—Past and Present. "
2.4.4 (d) Course of European Studies
42. The sixth Course of European Studies, to be held
in 1956, concurrently with the autumn Session of the Consultative
Assembly, will be attended by directors and teaching staff of training
colleges for primary and secondary school teachers.
43. The Committee decided to revert to the question of reserving
a course for trade unionists at its next session.
2.4.5 (e) Revision of history textbooks
44. The fourth conference on the revision of history
text-books will take place in France in 1956, and will be devoted
to the XVIIth and XVIIIth centuries up to the year 1789.
2.4.6 (f) Follow-up of the Rome Round Table
45. The Study Group set up to prepare a book based on
the findings of the Rome Round Table met at Strasbourg from 16th
to 23rd March, 1956. The following members took part : M. Denis
de Rougemont, Chairman (Director of European Cultural Centre, Geneva).
Mr. Max Beloff, Rapporteur-General (Nuffield College, Oxford).
.1 Civilisation MM. Sean O'Faolain,
Rapporteur (Dublin), Gabriel Marcel (Paris), Professor Alf Sommerfelt
(Oslo), M. A. E. Yalman (Istanbul), and M. Havet (UNESCO).
.2 History and political institutions Professor M. F. Valsecchi
(Milan), Rapporteur, Ernst Friedlander (Bonn), Professor F. A. van
der Heydte (Zellingen) and Professor Léo Schlichting (Nijmegen).
.3 Economic and social questions MM. Peter Wiles (New College,
Oxford), Rapporteur on Economic Questions, Doucy (Belgium), Rapporteur
on Social Questions, Professor Soderlund (Stockholm), Professor
Hans Raupach (Wilheimshafen), and Milton Gilbert ( 0 . E. E. C).
.4 Science Dr. Groth (University of Bonn), Rapporteur, Dr.
Mogens Pihl (Copenhagen), and L. Kowarski (European Centre for Nuclear
Research, Geneva).
2.4.7 (g) Exchange of workers
46. The grant for 1955 is to be divided equally among
the Federal Republic of Germany, Iceland and Turkey.
2.4.8 (h) Echanges universitaires
47. A university interchange scheme will be inaugurated
in 1956 under t h e auspices of the Council of Europe, in accordance
with the procedure laid down by the Committee of Cultural Experts
(Doc. 357, para. 67).
2.4.9 (i) Microfilming of unpublished and out-of-print
catalogues and indexes of manuscripts and records in the Libraries
and Archives of Member States
48. The Committee of Cultural Experts approved the conclusions
of the meeting of specialists held in Dublin on 27th and 28th September
1955 and recommended that they be transmitted to Member Governments
for the necessary action. The Committee further decided that, subject
to funds being available in the cultural budget, a second meeting
of specialists be held in Rome in September, 1956, immediately before
or after the International Congress of Archives.
49. The Committee of Cultural Experts recommended that each year
one member count ry of the Council of Europe should endeavour to
send an orchestra to the Strasbourg Musical Festival, following
a precedent created two years ago by Italy.
Cultural Fund of the Council
of Europe
50. Recommendation 74 (1955) on the establishment of
a Cultural Fund of t h e Council of Europe has been referred to
the Committee of Cultural Experts for an opinion and will be studied
further in the light of t h a t opinion.
Further ratifications of the
Convention on the Equivalence of Diplomas leading to Admission to
Universities
51. This Convention has now been ratified by eleven member
countries, the last ratification being t h a t of Greece on 5th
December, 1955 (See table appended, Appendix 1).
Further ratifications of the
European Cultural Convention
52. The European Cultural Convention was ratified by
the Federal Republic of Germany on 17th November, 1955, by Norway
on 24th January, 1956, by the Netherlands on 8th February, 1956
and by Iceland on 1st March, 1956.
53. Nine countries have now ratified this Convention. (See table
appended, Appendix 1).
2.5 CHAPTER V – Convention for the Protection of Human
Rights and Fundamental Freedoms
2.5.1 (a) Ratification by Italy of the Convention and
Protocol
54. On 26th October, 1955, the Government of the Italian
Republic deposited with the Secretary-General of t h e Council of
Europe its instruments of ratification of the European Convention
on Human Rights and of the Protocol thereto.
55. This ratification raises to fourteen the number of Parties
to the Convention and to thirteen the number of Parties to the Protocol.
2.5.2 (b) Declaration by the Norwegian Government
56. On 13th December, 1955, the Secretary- General of
the Council of Europe received a declaration from the Royal Government
of Norway recognising for a period of two years, as from 10th December,
1955, the competence of t h e European Commission of Human Rights
to examine the applications referred to in Article 25 of the Convention.
57. On 13th December, 1955, the Secretary- General of the Council
of Europe received a declaration from the Royal Government of Norway
recognising for a period of two years, as from 10th December, 1955,
the competence of t h e European Commission of Human Rights to examine
the applications referred to in Article 25 of the Convention.
2.5.3 (c) Declaration by the Netherlands Government
58. On 1st December, 1955, the Secretary- General of
the Council of Europe received a declaration from the Government
of the Kingdom of the Netherlands made in accordance with Article
63 of the Convention and Article 4 of the Protocol thereto. As a
result of this declaration the Convention and Protocol, apart from paragraph
3 (c) of Article 6 of the Convention, concerning the right to legal
assistance in criminal proceedings, will apply to Surinam and the
Netherlands West Indies.
2.5.4 (d) European Commission of Human Rights
59. The European Commission of Human Rights held its
fourth plenary session at Strasbourg from 13th to 15th December,
1955.
60. Mr. C. H. M. Waldock (United Kingdom) was elected President
and M. C. Th. Eustathiades (Greece), Vice-President.
Election of a member of the
European Commission of Human Rights
At its 18th Session the Committee of Ministers adopted Resolution
(56) 11, which reads as follows : The Committee of Ministers,
Having regard to Articles 19 (a),
20, 21 and 22 (paragraph 3) of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the list of candidates for the seat on
the European Commission of Human Rights left vacant by the resignation
of Mr. William Black, elected in respect of Ireland on 18th May,
1954, which list was transmitted by letter of the President of the
Consultative Assembly dated 15th April, 1956,
Having voted on this question, Declares Mr. James Crosbie
elected unanimously as a member of the European Commission of Human
Rights for the remainder of the term of office of his predecessor.
2.5.5 (e) Recommendation 83 (1955) of the Consultative
Assembly
61. The Committee of Ministers has taken note of Recommendation
83 (1955) of the Consultative Assembly on individual applications
under t h e Convention on Human Rights. This Recommendation has
been carefully examined by the Committee and will be considered
further at an early date in the light of a memorandum prepared by
the Secretariat-General.
2.5.6 (f) Directorate of Human Rights
62. Under the reorganisation of the Secretariat- General,
the Human Rights Department was raised to the status of a Directorate
(see paragraph 111).
2.6 CHAPTER VI – Legal and Administrative Questions
2.6.1 (a) Simplification of frontier formalities
63. The Committee of Ministers decided to seek the opinion
of 0. E. E. C. on Assembly Recommendations 84 and 85 (1955).
64. Pending receipt of the reply of 0. E. E. C, the Committee
of Ministers has decided to postpone discussion of these Recommendations
and the convening of the Committee of Experts which it decided to
set up under Resolution (55) 8.
65. The Committee of Ministers has invited Governments to supply
information regarding action taken on Resolution (52) 47 referred
to in Section A of Recommendation 81 (1955)—Sections B, C and D
will be considered in conjunction with Recommendations 84 and 85
(1955) when the OEEC reply is received.
66. As for Recommendation 86 (1955), the Committee of Ministers
has not referred it to 0. E. E. C. because of its essentially political
nature, and has decided to study the matter within the general framework
of the simplification of frontier formalities.
2.6.2 (b) Emblem of the Council of Europe
67. Having taken note of Assembly Recommendation 88 (1955)
the Committee decided in its Resolution (55) 32 to adopt as the
emblem of t h e Council of Europe t h e design preferred by the
Assembly. The text of Resolution (55) 32 was communicated to the
President of the Assembly in a letter from the Secretary-General dated
22nd December, 1955. The latter was instructed to transmit the description
and design of the emblem to the Secretaries-General of 0. E. E.
C. and W. E. U. and to the President of the High Authority of E.
C. S. C.
2.6.3 (c) European Convention on Establishment
68. The European Convention on Establishment was signed
in Paris on 13th December, 1955. The United Kingdom, which had postponed
its signature for technical reasons, signed the Convention on 24th
February, 1956. Ireland has not yet signed it, for technical reasons,
but the question of signature is under active consideration.
69. The Convention will enter into force on the deposit of the
fifth instrument of ratification with the Secretary-General of the
Council of Europe.
2.6.4 (d) European Convention on the treatment of legal
persons
70. In its Resolution (55) 28, the Committee of Ministers
decided to convene, after the signature of the European Convention
on Establishment, a Committee of Government Experts to examine t
h e questions of principle involved in the preparation of a European
Convention on the treatment of legal persons.
71. This Committee of Experts is due to meet on 14th May next.
2.6.5 (e) European Convention on Extradition
72. The Committee of Experts on Extradition met from
15th to 25th February, 1956.
73. It examined the conclusions of the joint meeting held in September,
1955, between the Sub-Committee of the Committee of Experts and
the competent Sub-Committee of t h e Assembly (Doc. 415, para. 50).
74. It also carried out a further general examination of t h e
draft model bilateral convention and the draft multilateral convention
and adopted the final texts of these conventions.
75. These two drafts, together with the final reports of the experts,
have been transmitted to Member Governments and will be placed on
the Agenda of a forthcoming meeting of the Committee of Ministers.
2.6.6 (f) European Convention for the Peaceful Settlement
of Disputes
76. The Committee of Ministers had previously decided
to transmit to the Committee of Legal Experts Recommendation 79
(1955) of the Assembly and the draft Convention annexed thereto
(Doc. 415, para. 52).
77. This Committee of Experts met from 8th to 11th February, 1956.
It examined those Articles in respect of which amendments had been
tabled and amended the text of some other provisions of its earlier
draft.
78. The legal experts considered that the most important amendments
proposed by the Assembly (namely those relating to Articles 28,
37 and 40 of the draft Convention) were based, with certain modifications,
on the Swedish proposal which the Committee of Ministers had been
unable to accept. They felt, therefore, t h a t they could only
consider them from the technical standpoint, leaving it to the Committee
of Ministers to find a solution to this political problem.
2.6.7 (g) Statelessness
79. The Committee of Ministers has made a preliminary
study of Recommendation 87 (1955) on statelessness.
80. It has invited Member Governments which have not yet signed
the " Convention relating to the Status of Stateless Persons ",
adopted on 28th September, 1954, by the United Nations Conference,
to inform the Secretariat- General of their position.
81. The Luxembourg Government has notified the Secretariat-General
that it signed this Convention in October, 1955.
82. Thus this Convention has so far been signed by the following
countries : Belgium, Denmark, France, the Federal Republic of Germany,
Italy, Luxembourg, the Netherlands, Norway, Sweden and the United
Kingdom.
83. Moreover, the Committee of Ministers has invited Governments
to make known to the Secretariat-General their views on the second
part of this Recommendation, concerning the convocation of the international
conference of plenipotentiaries, with a view to the conclusion of
a Convention on t h e reduction or elimination of future statelessness.
84. Six Governments have expressed a favourable opinion to date.
2.6.8 (h) International Convention for the prevention
of pollution of the sea by oil
85. All Member States of the Council of Europe, except
Iceland, Luxembourg1 and Turkey have signed the International Convention
for the Prevention of Pollution of the Sea by Oil opened for signature
in London on 12th May, 1954. The Government of Iceland is actively
considering the possibility of acceding at a later date.
86. The Convention has already been accepted by the United Kingdom.
The Norwegian Parliament has authorised its Government to accept
the Convention, which will be done in the near future. Belgium,
Denmark, France, the Federal Republic of Germany, Greece, Ireland,
Italy, the Netherlands and Sweden have instituted proceedings for
acceptance.
87. The Governments of Denmark, Ireland, the Netherlands, Norway
and the United Kingdom have informed the Secretariat-General t h
a t , acting upon Resolution No. 6 appended to the final act of
the London Conference, they have already taken measures to prevent
pollution of the sea. Measures have also been taken for the same
purpose by the Government of Turkey, although that country is not
a signatory to the Convention.
2.6.9 (i) Further ratifications of the European Convention
on the International Classification of Patents for Invention
88. The Convention was ratified by the United Kingdom
on 28th October, 1955 ; by the Federal Republic of Germany on 28th
November, 1955, and by the Netherlands on 12th January, 1956. Thus,
seven member countries have now ratified the Convention (see table
appended).
2.6.10 (j) General Agreement on Privileges and Immunities
of the Council of Europe and Protocol thereto
89. The Permanent Representative of Italy to t h e Council
of Europe has informed the Committee of Ministers that Italy ratified
the Protocol to the General Agreement on 1st March 1956.
90. This Protocol will come into force as soon as Italy's instrument
of ratification has been deposited with the Secretary-General of
the Council of Europe.
91. On the same day, the General Agreement will also come into
force with regard to the Federal Republic of Germany, Iceland and
the Saar, in accordance with the terms of Article 7 (d) of the Protocol.
2.7 CHAPTER VII – Information questions
2.7.1 (a) European Memorial Window
92. The Committee of Ministers decided to place the Council
of Europe on the list of subscribers for the European memorial window.
A contribution of 500,000 francs has been made.
2.7.2 (b) Brussels Exhibition
93. In accordance with the instructions of the Committee
of Ministers, the Secretary- General signed an agreement with the
Commissariat- General of the Exhibition on the participation of
the Council of Europe in the 1958 Exhibition by erecting a joint
pavilion with O. E. E. C.
94. A working party composed of Permanent Representatives residing
in Strasbourg and members of the Secretariat is engaged in a study
of the problems concerning the Council of Europe's participation
in the 1958 Brussels Exhibition.
95. The Committee of Ministers has appointed the Secretary-General
as Commissioner- General for the Council of Europe to the Commissariat
of t h e Exhibition.
2.7.3 (c) Handbook of European Organisations
96. The Secretariat-General of the Council of Europe
has prepared and published a Handbook of European Organisations
at the request of the Committee of Cultural Experts (Doc. 357, para.
69 and Doc. 415, para. 40). The Handbook contains an analysis of
the aims, structure, and activities of the following organisations
:
- Western European Union;
- O. E. E. C. and the European Payments Union ;
- the Council of Europe;
- the E. C. S. C.
97. The work also contains a substantial appendix giving notes
on other organisations of particular interest to Europe.
2.8 CHAPTER VIII – Participation of local authorities
in European activities
2.8.1 (a) Exchange of visits between European local
authorities
98. The Committee of Ministers decided to implement Resolution
75 (1955) of the Assembly, and to print and distribute free of charge
two thousand copies of the year-book giving particulars of exchange
visits between municipal authorities in accordance with the proposal
put forward in the letter of 30th January, 1956 of the Rapporteur
of the Special Committee on Municipal and Regional Affairs.
2.8.2 (b) Convening of a conference of representatives
of national associations of the local authorities of member countries
99. The Committee of Ministers has held a preliminary
exchange of views on t h e proposals embodied in Resolution 76 (1955)
of the Assembly and on t h e cost of implementing them on the basis
of Recommendation 90 (1955) (paragraph 4).
100. M. Chaban-Delmas, Chairman of the Special Committee on Municipal
and Regional Affairs, addressed the Deputies on this Resolution
at their thirty-eighth Meeting on 29th February, 1956.
3 SECTION II – Council of Europe machinery and administration
3.1 (a) Permanent Representatives of Governments to
the Council of Europe
101. M. Borovali took up his duties as Permanent Representative
of Turkey on 1st November, 1955, replacing M. A. Akça.
102. On 6th December, 1955, Mr. B. O'Riordan took up his duties
as Permanent Represent a t i v e of the Irish Government to the
Council of Europe, resident in Strasbourg.
103. On 25th February, 1956, M. G. Feme was appointed Permanent
Representative of t h e Government of the Federal Republic of Germany
to the Council of Europe, replacing M. K. Carstens.
104. On 8th March, 1956, M. N. Cambalouris was appointed Permanent
Representative of Greece, replacing M. A. Pompouras.
3.2 (b) Solemn declaration of loyalty by the new Deputy
Secretary- General
105. During the 17th Session of the Committee of Ministers,
Mr. Dunstan Curtis, Deputy Secretary-General, made a solemn declaration
of loyalty as provided for in Article 36 (e) of t he Statute of
the Council of Europe.
3.3 (c) Appointment of the Clerk of the Assembly
106. M. Struycken, Clerk of the Assembly, died on 30th
September, 1955. The procedure for appointing his successor was
immediately set into motion.
107. In accordance with Assembly Recommendation 49 (1953), this
question has been placed on the Agenda of the Joint Committee for
its meeting on 16th April, 1956. At its 18th Session the Committee
of Ministers adopted the following Resolution (56) 6 concerning
candidatures for the post of Clerk of the Assembly : The Committee
of Ministers, Noting that the post of Clerk of the Consultative
Assembly has become vacant owing to the death of M. A. Struycken;
Having taken note of the candidatures of MM. Gerhart Schloesser
and Gerhart Roedel; Having consulted the Representatives of the
Assembly on the Joint Committee, Resolves to recommend to the Consultative
Assembly the following candidatures for the post of Clerk (presented
in order of date of submission) :
M.
G. SCHLOESSER
M. G. ROEDEL.
3.4 (d) Terms of reference of the Deputy Secretary-General
and Clerk of the Assembly
108. The text of Resolution (55) 29 adopted by the Committee
of Ministers in this respect, was transmitted to t h e President
of t h e Assembly by the Secretary-General in a letter dated 1st
December, 1955.
3.5 (e) Procedure for the appointment of the Secretary-
General, the Deputy Secretary- General and the Clerk of the Assembly
109. The Committee of Ministers has submitted draft regulations
as a basis for discussion by the Joint Working Party with a view
to their subsequent examination by the Joint Committee.
3.6 (f) Reorganisation of the Services of the Secretariat-
General of the Council of Europe
110. The Committee of Ministers completed their examination
of the plan for reorganising the Secretariat-General, submitted
to them in November, 1954 (Doc. 357 para. 126).
111. In this connection the Committee adopted Resolution (55) 25
as follows : The Committee of Ministers, Considering that it is
expedient to introduce certain changes in the present structure
of the Secretariat-General with a view to improving the administrative
arrangements and increasing efficiency; Having regard to Resolution
(49) 5 approving the Preliminary Report on the staff requirements
of the Secretariat-General; Having regard to Resolution (51) 75
instituting the Research Directorate; Having regard to the opinion
of the Budget Committee dated 8th September, 1955; On the proposal
of the Secretary-General, Resolves as follows: As from 1st January,
1956, the administrative structure of the Secretariat-General shall
be as follows :
Private Office
of the Secretary-General and the Deputy Secretary-General;
Office of the Clerk of the Assembly;
Political Directorate;
Research Directorate;
Legal Department;
Department of External Relations;
Directorate of Human Rights;
Directorate of Press and Information;
Directorate of Administration;
General Services.
3.7 (g) Creation of a European civil service
112. The Committee of Ministers is still studying the
question of creating a European civil service for the largest possible
number of European organisations. This question was included in
its Special Message on the Programme of Work (Doc. 238, paragraph
95).
113. In accordance with Resolution (55) 19 of the Committee of
Ministers the Secretary- General has invited the following organisations
to participate in a working p a r t y to study problems connected
with this question :
The Organisation
for European Economic Co-operation (together with the European Conference
of Ministers of Transport) ;
Western European Union;
The Council for Customs Co-operation;
The North Atlantic Treaty Organisation ;
The European Coal and Steel Community;
The European Council for Nuclear Research;
The Central Rhine Navigation Commission.
114. The Working P a r t y will meet as soon as these organisations
have accepted the invitation extended to them.
3.8 (h) Budget of the Council of Europe
115. The Committee of Ministers examined the different
points of Recommendation 90 (1955) concerning the Council's Budget.
116. With regard to the wish expressed by the Assembly in paragraph
1 of the Recommendation, the Committee of Ministers draws attention
to its Resolution (53) 38 and the letter from the Secretary-General
to the President of the Assembly of 19th March, 1955. It confirms
its wish that the Budget of the Council of Europe adopted by the
Committee of Ministers for the current year should be transmitted
to the Assembly together with all relevant particulars.
117. With regard to paragraph 2 of the Recommendation, the Committee
of Ministers agreed with the Assembly on the need to calculate the
expenditure of the Council of Europe as accurately as possible.
118. With regard to paragraph 3, the Committee of Ministers has
borne the Assembly's wishes in mind (see paragraph 35).
119. The question dealt with in paragraphs 4 and 5 of the Recommendation
are at present being studied in detail by the Committee of Ministers
(see paragraph 99).
3.9 (i) Association of European non-member countries
with certain activities of the Council of Europe
120. Austria and Switzerland continued to be represented
by observers at the following meetings of Committees of Experts
: Austria — Committee of Cultural Experts, Committee of Experts
on Public Health, Committee of Experts on Patents, Committee of
Experts on the Peaceful Settlement of Disputes and Committee of
Experts on Extradition; Switzerland — Committee of Experts on Patents
and Committee of Experts on Public Health.
121. It may be mentioned, too, t h a t for the first time Spain
and Portugal sent observers to a meeting of the Committee of Experts
on Patents, held in Strasbourg from 3rd to 7th October, 1955.
122. The Committee of Ministers will continue its endeavours to
arrange for as many nonmember countries as possible to take part
in the work of Committees of Experts.
3.10 (j) Time-table of meetings
123. 1955 14th-23rd October Course of European Studies
(Strasbourg) 24th-25th October Bureau of the Committee of Cultural
Experts, Youth Sub-Committee, Sub-Committee on the Cultural Identity
Card (Strasbourg) 26th-29th October Eleventh session of the Committee
of Cultural Experts (Strasbourg) 14th-21st November 35th Meeting
of the Ministers' Deputies (Strasbourg) 7th-9th December 36th Meeting
of the Ministers' Deputies (Paris) 13th December 17th Session of
t h e Committee of Ministers (Paris) 15th-17th December European
Commission of Human Rights (Strasbourg) 1956 17th-20th January 37th
Meeting of the Ministers' Deputies (Strasbourg) 24th-25th January
Sub-Committee of Cultural Experts (Equivalence of Diplomas) (Paris)
26th-27th January Meeting of the Secretariats of the Council of
Europe and UNESCO (Paris) 8th-9th February Sub-Committee of Cultural
Experts on the presentation of t h e European idea and European culture
in other continents (Paris) 8th-10th February Committee of Experts
on Public Health (Strasbourg) 8 t h - l l t h February Committee
of Experts on the Peaceful Settlement of Disputes (Strasbourg)
15th-25th February Committee of Experts on Extradition (Strasbourg)
16th-17th February Committee of Senior Officials for Refugees and
Over-population (Paris) 17th-18th February Preparatory meeting for
the fourth Conference on the revision of history textbooks (Paris)
28th February-5th March 38th Meeting of the Ministers' Deputies (Strasbourg)
lst-2nd March Bureau of the Committee of Cultural Experts (Strasbourg)
9th-10th March Special meeting of t h e Council of Europe —• O.
E. E. C. Liaison Committees 16th-23rd March Study Group on the follow-up
of the Rome Round Table (Strasbourg) 4th-7th April Working Party
of the European Commission of Human Rights (Strasbourg) 9th-11th
April 39th Meeting of the Ministers' Deputies (Strasbourg) 10th-13th
April Committee of Experts on Social Security (Strasbourg) 16th
April 18th Session of the Committee of Ministers (Strasbourg)
3.11 (k) Functioning of the Joint Committee
The Committee of Ministers adopted Resolution (56) 7, which
reads as follows :
The Committee of Ministers,
Having regard to its Resolution (51) 30-C of 3rd May, 1951,
defining the composition and competence of the Joint Committee;
Considering that members of the Committee of Ministers who
are appointed to attend meetings of the Joint Committee should as
far as possible continue to take part in the work of the said Committee,
particularly before the opening of sessions of the Consultative
Assembly and whenever the President of the Assembly considers it
desirable to convene the Joint Committee at Ministerial level;
Recognising, nevertheless, the need to establish more frequent
contacts between the two organs of the Council of Europe through
the Joint Committee;
Having regard to Resolution (52) 24 of 19th March, 1952, determining
the powers of the Ministers' Deputies,
Resolves to propose to the President of the Consultative Assembly
that Ministers appointed to sit on the Joint Committee may be replaced
by their Deputies whenever he considers it advisable to convene
the Joint Committee at Substitutes' level,
In that case :
a the Substitutes
must first have been briefed by the Committee of Ministers' Deputies;
b the procedure and practice already adopted for meetings
of the Joint Committee under Resolution (51) 30-C of the Committee
of Ministers shall continue to be followed, whereby Deputies of
Ministers who are members of the Joint Committee shall speak on
behalf of the Committee of Ministers and not on behalf of their
own Governments.
This Resolution was discussed by the Joint Committee at its
meeting on 16th April, 1956.
4 SECTION III – Relations with international organisations
4.1 CHAPTER I
4.1.1 (a) Organisation for European Economic Co-operation
124. The problems of liaison between the Council of Europe
and O. E. E. C. raised in the Consultative Assembly's Recommendations
77 and 78 are under continuous study by the competent organs of
the two organisations.
125. During the period under review the Committees responsible
for liaison between the Council of Europe and 0. E. E. C. held four
special sessions which were attended by representatives of the Assembly.
126. At the 11th Special Session, held in Paris on 14th December,
1955, the Assembly's Committee on Economic Questions and OEEC Experts
discussed Recommendation 77 concerning t h e economic integration of
Western Europe.
127. The OEEC agricultural authorities and members of the Assembly's
Special Committee on Agriculture met for the first time at the 12th
Special Session (15th February, 1956).
128. The 13th Special Session (8th March, 1956) enabled the Committee
on Social Questions to discuss with OEEC Experts the work of both
organisations in the social field.
129. The 14th Special Session, held on 9th and 10th March, 1956
and attended by members of the Committee on Economic Questions,
had on its Agenda the 7th Annual Report of 0. E. E. C. and the Assembly's Recommendation
77. In the course of the meeting the 0. E. E. C. also discussed
problems of conventional and nuclear energy in Europe with the Committee
on Economic Questions and representatives of t h e General Affairs
Committee.
4.1.2 (b) International Labour Organisation
130. After examining Assembly Resolution 69 (1955) the
Committee of Ministers decided to instruct the Secretary-General
to forward to the Director-General of I. L. 0. the letter appended
to this Document (Appendix 2).
4.1.3 (c) United Nations High Commissioner for Refugees
131. The Committee of Ministers decided to transmit to
Member Governments, for their information, Assembly Resolution 82
(1955) replying to the Fourth Report on the work of t h e United
Nations High Commissioner for Refugees.
4.1.4 (d) United Nations Food and Agriculture Organisation
132. The draft Agreement between F. A. 0. and the Council
of Europe, on which t h e Assembly had expressed a favourable opinion
(Opinion No. 17), was also approved by the 8th Conference of F.
A. 0.
133. The Agreement has now come into force.
4.1.5 (e) United Nations Educational Scientific and
Cultural Organisation
134. The Committee of Ministers examined Opinion No. 14
adopted by the Assembly on 7th July, 1955, and decided to transmit
it to the Committee of Cultural Experts for their views.
135. The Committee of Ministers will inform the Assembly what action
it proposes to take on this Opinion.
4.1.6 (f) International Civil Aviation Organisation
136. After examining Assembly Resolution 79 (1955), the
Committee of Ministers adopted Resolution (55) 30, as follows :
The Committee of Ministers, Having regard to Resolution 79 (1955)
of the Consultative Assembly on the Report of the European Conference
of the International Civil Aviation Organisation ; Having regard
to its Resolution (53) 13 of 7th May, 1953 on relations between
the Council of Europe and new organisations of a European character,
Resolves as follows :
.1 to invite
the European Civil Aviation Conference to transmit an annual report
to the Consultative Assembly of the Council of Europe;
.2 to recommend to the Member Governments represented at
the Conference that their delegates thereto should lend their support
to this proposal as far as possible;
.3 to instruct the Secretary-General to transmit this Resolution
to the European Civil Aviation Conference.
137. The first session of the European Civil Aviation Conference
was held in Strasbourg from 29th November to 16th December, 1955.
138. During this session the Conference decided to request the
Council of I. C. A. 0. to give effect to the Resolutions of the
Assembly and Committee of Ministers by presenting the Assembly with
an annual report on the activities of the Conference.
139. On 2nd December, 1955, the Ministers' Deputies of Member States
of the Council of Europe held a meeting to decide how the views
expressed by the Committee of Ministers in the above-mentioned Resolution could
be made acceptable to the Plenary Conference.
140. The Committee of Ministers wishes to point out t h a t this
meeting was the first of its kind to be convened in implementation
of Resolution 16, which it adopted in September, 1954 and which
relates to procedure for consult a t i on among European delegations
to international organisations.
141. During the meeting in question the delegations reached preliminary
agreement that t h e Conference should transmit its reports to the
Council of Europe through I. C. A. 0. A decision to this effect
was taken by the Conference.
142. The first annual report of the Conference has been received
and will be submitted to the Assembly.
4.1.7 (g) International Commission on Civil Status
143. The Agreement between the Council of Europe and t
h e International Commission on Civil Status entered into force
on 31st October, 1955.
4.1.8 (h) The Hague Conference on Private International
Law
144. On 13th December, 1955, an Agreement was signed in
Paris between the Council of Europe and the Hague Conference on
Private International Law, which was represented by the Netherlands
Government. The text of this Agreement is appended to this Report
(Appendix 3).
145. The text embodies several amendments recommended by t h e
Assembly in September, 1953 and contained in its Opinion No. 7.
4.1.9 (i) Combined International Bureaux for the Protection
of Industrial Property and Literary and Artistic Works
146. At the invitation of t h e Director of the Combined
International Bureaux for the Protection of Industrial Property
and Literary and Artistic Works, the Secretary-General visited this
Organisation at Berne on 14th and 15th March.
147. The purpose of this visit was to establish contact with the
Combined Bureaux on the subject of the work undertaken by that Organisation
in accordance with Resolution (54) 11 adopted by the Committee of
Ministers in pursuance of Assembly Recommendation 54 (1953), with
a view to investigating the legal obstacles to the exchange of television
programmes and to making precise recommendations for the removal
of such obstacles.
4.2 CHAPTER II – Non-governmental organisations
Consultative Status granted
to non-governmental organisations
148. After examining Assembly Recommendation 80 (1955)
the Committee of Ministers in Resolution (55) 20 decided :
.1 that consultative status " A
" be granted to :
- the Association
of Institutes for European Studies;
.2 that consultative status " B " be granted to the following
organisations :
- World Assembly
of Youth;
- International Federation for Documentation ;
- International Catholic Youth Federation ;
- World Touring and Automobile Association;
- International Union of Catholic Women's Leagues;
.3 that consultative status " C " be granted to the following
organisations :
- International
Institute of Historic Mansions;
- International Union of Bailiffs and Law Officers.
149. The Committee of Ministers decided, in its Resolution (56)
1, t h a t consultative status " B " be granted to the European
Youth Campaign.
150. The Committee decided to take no decision regarding the International
Confederation of Professional and Intellectual Workers until the
Assembly had expressed its opinion.
151. The Committee of Ministers also decided to ask the Social
Committee for its views on the request received from the International
Union of Family Organisations.
152. The Committee of Ministers agreed to transmit to the Committee
of Cultural Experts for its opinion all requests received from cultural
organisations for consultative status.
Appendix 1 – State of the deposit of ratifications of the
conventions and agreements of the Council of Europe
.
Appendix 2 – Letter from the Secretary-General of the Council
of Europe to the Director-General of h L. O.
Strasbourg, 21st December, 1955
" Sir,
I would refer to my letter D 11.158 of 17th October, 1955.
The Committee of Ministers has instructed me to transmit to you
the following observations in the light of the fact that Member
Governments wish to express a collective opinion on the various
points made in Resolution 69 of 7th July, 1955, which embodies the
Reply of the Assembly to the Fourth Report of I. L. 0.
In respect of Section I (b) of the above Resolution relating
to the establishment of a European Economic and Social Council within
the framework of the Council of Europe, the Committee of Ministers
approves the initial view expressed by the Governing Body of I.
L. 0. to the effect that close consideration should be given to
the fundamental question of whether such an organ in fact meets
à real need at the present juncture, in view of the possibilities
of consulting employers' and workers' organisations offered by the
agreement concluded between the Council of Europe and I. L. 0 .
The Committee of Ministers indeed considers that in view of its
tripartite structure, by which representatives both of employers
and of workers as well as of Governments directly participate in
its activities, I. L. 0. is concerned with all aspects of relations
between employers and workers and that its competence is not limited
to purely social problems.
So far as relations between the Council of Europe and I. L.
0. are concerned, the Committee of Ministers acknowledges the advantages
to be derived from social co-operation in a regional institution
grouping a limited number of States, whose economic and social structures
have the greatest possible common denominator. It has not as yet
had the opportunity of considering the draft European Social Charter,
the preparation of which has been entrusted to the Social Committee,
and so does not consider it possible as yet to determine what wider
consultation may later be necessary. This is a question which it
will consider at the appropriate time
The Committee of Ministers furthermore acknowledges the fact
that " in order to promote closer unity between members of the Council,
the Assembly may examine a problem at the same time as another international organisation
because it looks upon the issues before it from a different angle.
" Such examination does not, however, imply that the Assembly is
able to exercise guiding or controlling functions in respect of
inter-governmental European activities.
In this connexion the Committee of Ministers has instructed
me to state that the Committee agrees with the conclusion of Resolution
84 of 26th October, 1955 in reply to the Fifth Report of I. L. 0.
insofar as it affirms that the Assembly should keep international
organisations informed of parliamentary opinion with regard to their activities
in Europe, rather than attempt to exercise political control.
The Committee of Ministers finally wishes to express the importance
it attaches to all measures envisaged by the Council in the social
field being taken only after consultation with I. L. 0.,—this to
avoid any overlapping,—and it trusts that fruitful co-operation
may be continued on the basis of the Agreement entered into by the
two organisations.
I am, ...
The Secretary- General,
L. MARCHAI,. "
Appendix 3 – Agreement bettveen the Council of Europe and
the Hague Conference on Private International Laiv
The Council of Europe, of the first part,
And, of the second part, the Hague Conference on Private fnternational
Law, represented by the Government of the Kingdom of the Netherlands,
in conformity with the wish expressed in the Final Act of the Seventh Session
of the said Conference, dated 31 October, 1951 [Section D («)] concerning
future relations between the said Conference and the Council of
Europe,
Considering that one of the aims of the Hague Conference is
to work for the progressive unification of the rules of Private
International Law;
Considering that the aim of the Council of Europe is to achieve
greater unity among its Members and that this aim is to be pursued
by the conclusion of agreements in legal and administrative matters;
Having regard to paragraph (c) of Article 1 of the Statute
of the Council of Europe, which stipulates that " participation
in the Council of Europe shall not affect the collaboration of its
Members in the work of the United Nations and of other international
organisations or unions to which they are parties " ;
Being desirous of avoiding, so far as is possible, duplication
of work in the Council of Europe and the Hague Conference;
Having regard to the special competence of the Hague Conference
in matters relating to the unification of Private International
Law;
Having regard to the wish expressed by the Hague Conference
for close co-operation between the Hague Conference and the Council
of Europe in order that the Conference may contribute to the achievement
of the Council's aims in Private International Law, and that in
return the Conference may benefit from the spirit of European co-operation
manifest in the Council;
Having regard to the independent character of the two organisations,
Have agreed as follows :
ARTICLE 1
The Committee of Ministers of the Council of Europe shall
refer to the Hague Conference questions connected with the unification
of Private International Law which may be submitted to it for examination,
except where special circumstances justify a departure from this
principle.
ARTICLE 2
When a question concerning the unification of Private International
Law is referred to the Conference by the Council, the Conference
shall either prepare a draft convention on the matter or state its
opinion thereon. In each case the conclusions of the Conference
shall be communicated to the Council.
ARTICLE 3
The Permanent Bureau of the Conference which is to be set
up shall be the competent organ for corresponding with the Council.
ARTICLE 4
An official of the Secretariat-General of the Council of Europe
will be responsible for liaison between the two organisations. The
Council may delegate this official or another representative to
assist in the preparatory work in connection with matters submitted
to the Conference by the Council.
ARTICLE 5
Where appropriate the Council shall recommend its Members
to take all measures to facilitate the signing and ratification
of conventions approved at the Hague relating to matters which have
been submitted to the Conference by the Council.
If, for reasons of expediency, the Council considers it necessary
to propose amendments to a draft convention adopted by the Conference,
it will communicate its comments to the Conference, which shall
give its ruling with the least possible delay, if necessary after
written consultation with the Governments concerned.
The Conference may also request additional information concerning
the Council's intentions with regard to any matter referred to it
by the Council for examination.
ARTICLE 6
The Conference may ask the Council to recommend its Members
to sign or ratify all other conventions adopted by it, or to accede
to them.
ARTICLE 7
The present Agreement is concluded for a period of four years
and thereafter shall be automatically renewed for further successive
periods of four years, subject to the right of either party to terminate
it at the expiry of the initial period or of any subsequent period
by a notification to that effect addressed to the other party at
least one year before the expiry of the period in question.
Done at Paris on the 13th day of December, 1955, in two copies
in the French language.
For the Council of Europe,
L. MARCHAL,
For the Hague Conference on Private International Law,
J . W. BE Y E N.
