Eighth report addressed by the Committee of Ministers to the Consultative Assembly under Article 19 of the Statute
Statutory report
| Doc. 635
| 28 April 1957
- Author(s):
- Committee of Ministers
- Origin
- See 2nd Sitting, 30th
April 1957 (Referred to the competent Committees). 1957 - 9th Session - First part
- Statutory report
- Recommendation 47
(1953)
, Recommendation 82
(1955)
, Recommendation 93
(1956)
, Recommendation 95
(1956)
, Recommendation 99
(1956)
, Recommendation 100
(1956)
, Recommendation 101
(1956)
, Recommendation 102
(1956)
, Recommendation 104
(1956)
, Recommendation 105
(1956)
, Recommendation 107
(1957)
, Recommendation 108
(1957)
, Recommendation 109
(1957)
, Recommendation 109
(1957)
, Recommendation 110
(1957)
, Recommendation 111
(1957)
, Recommendation 112
(1957)
, Recommendation 113
(1957)
, Recommendation 114
(1957)
, Recommendation 116
(1957)
, Recommendation 117
(1957)
, Recommendation 118
(1957)
, Recommendation 119
(1957)
, Recommendation 121
(1957)
, Recommendation 122
(1957)
, Recommendation 124
(1957)
, Recommendation 126
(1957)
, Recommendation 127
(1957)
, Recommendation 128
(1957)
, Recommendation 129
(1957)
, Recommendation 130
(1957)
and Recommendation 203
(1959)
- Thesaurus
1
1. In accordance with Article 19 of the Statute of the
Council of Europe, the Committee of Ministers has the honour to
present its Eighth Report to the Consultative Assembly on the occasion
of its Ninth Ordinary Session.
2. This Report forms a sequel to the Supplementary Report (Doc.
543) transmitted to the Assembly in October 1956, and covers the
period from 15th October 1956—opening date of the second part of
the Assembly's Eighth Ordinary Session—to 28th April 1957.
3. At meetings held during the period under review, the Ministers'
Deputies examined among other matters the decisions taken by the
Assembly during the second and third parts of its Eighth Session.
4. The Committee of Ministers held its 19th Session in Paris
on 15th and 16th December 1956. The Joint Committee met on 20th
November and 16th December 1956, and on 8th February and 25th March
1957.
5. At the 19th Session of the Committee of Ministers the Convention
on the Equivalence of Periods of University Study was signed. The
number of Council of Europe conventions and agreements signed now
totals twelve.
6. The present Report is arranged as follows : Section
I deals with facts of a general nature, Section II with steps taken
to achieve the aims of the Council of Europe in the various spheres
of its competence, Section III with the machinery of the Council
of Europe, and Section IV with relations with international and
supranational organisations.
2 SECTION I - General
2.1 CHAPTER I - Role
and working methods of the Council of Europe
7. The Committee of Ministers has studied the various
points of Assembly Recommendation 99 (1956) on the " Role and working
methods of the Council of Europe.
8. As regards Point 1 of the Recommendation (partial agreements),
the Committee of Ministers considered that an agreement could not
be concluded in the framework of the Council of Europe without the
consent of all its Members, including those not able to sign the
agreement; the Committee accordingly decided to maintain the preliminary
unanimous vote required by the provisions of Resolution (51) 62
on partial agreements.
9. The Committee of Ministers would point out, incidentally,
that up to now this unanimous vote had never created any difficulties.
10. As regards Point 2 of the Recommendation (consultation of
the Assembly), the Committee of Ministers was unable to share the
views of the Assembly and decided to adhere to its reply to Assembly
Opinion No. 13 (Doc. 481).
11. As regards Point 3 (prior opinion of the Assembly on the Agenda
of meetings of world organisations), the Committee of Ministers
has not had a practical opportunity of giving effect to the Assembly's
proposal.
12. As regards Point 4 (relations between the Assembly and governmental
experts), the Committee of Ministers proposed the following procedure
to the Assembly during the meeting of the Joint Committee on 25th March
1957 :
13. When the Assembly Representatives wish to explain a recommendation,
they should normally do so in the Joint Committee, expert parliamentary
representatives being brought in as advisers on the Assembly side. The
Deputies, at their discretion, could equally bring in the Chairman
and/or Rapporteur of their own expert committee as their adviser
(s). These experts would then be able to hear the explanations of
the Assembly Representatives at first hand. They would speak only
if invited to do so by the Chairman of the Committee of Ministers.
14. Lastly, as regards Point 5 (informing of the Assembly and
Statutory Report), the Committee of Ministers decided that, when
it was unable to give effect to Assembly proposals, such explanations
as were deemed necessary concerning the Committee's views might
be made in the Joint Committee.
2.2 CHAPTER II - Reorganisation
of European institutions
2.2.1 Council of Europe
and O.E.E.C.
15. On 16th December 1956, during the 19th Session of
the Committee of Ministers, the Acting Secretary-General presented
a report on the work of the first meeting, held on 27th November
1956, of the Consultative Committee of Secretaries-General set up
to examine instances of duplication of work among European organisations
(Doc. 543, para. 5).
16. Resolution (56) 24 adopted by the Committee of Ministers,
together with this report by the Acting Secretary-General, were
communicated to the Assembly Representatives at the meeting of the
Joint Committee on 16th December 1956.
17. The text of the Resolution is as follows : " The Committee
of Ministers, Reciprocating the view of the Assembly that overlapping
in the competence and work of European organisations should be avoided
as far as possible in the interest of efficiency; Taking note of
the results of the preliminary meeting of the Secretaries-General
of international organisations having their seat in Europe, convened
to examine overlapping in the day-to-day activities of the organisations
in question; Considering that a comprehensive study should in due
course be made of the institutional structure of European collaboration,
As an introduction to this study, instructs the Secretary-General
of the Council of Europe to approach the Secretary-General of O.E.E.C.
with a view to preparing and submitting to the Committee of Ministers
at their next meeting a report on the respective competence of the
organisations mentioned, on their present working relations, and
on the measures which might be taken to introduce more effective
collaboration between them."
18. The report drawn up by the Acting Secretary-General is now
under consideration by the Committee of Ministers, in pursuance
of the Resolution cited above.
2.2.2 Rationalisation
of European parliamentary activities
19. The Committee of Ministers examined Assembly Recommendation
101 (1956) on " the problem of European integration and parliamentary
institutions " at the same time as Recommendation 117 (1957) on
" the rationalisation of parliamentary activities. "
20. This latter Recommendation, as well as Resolution 122 (1957)
adopted by the Standing Committee on behalf of the Assembly on 18th
March 1957, was discussed at the Joint Committee meeting on 25th
March 1957.
21. The Committee of Ministers considers that at the present stage
it is not in a position to express an opinion on these problems,
which are still under consideration. Nevertheless, the Member Governments
of Euratom and the Common Market have borne in mind the Assembly
Recommendation designed to avoid the creation of a fourth European
Assembly. Moreover, the permanent Council of W. E. U., which is
now studying ways and means of achieving closer association and
a possible merger of European Assemblies, will be bringing this question
before the Committee of Ministers of the Council of Europe in due
course.
22. Lastly, in reply to the telegram sent by the President of
the Consultative Assembly to the Chairman of the Committee of Ministers
on 2nd February 1957, the Committee agreed to give the President
an assurance that the Assembly will be consulted, when the time
comes, on any projects likely to affect its competence and organisation.
3 SECTION II - Steps
to achieve the aims of the Council of Europe
3.1 CHAPTER I - Political
Questions
3.1.1 Policy of the Council
of Europe
23. After examining Recommendation 105 (1956), adopted
by the Assembly on 26th October 1956, concerning " the policy of
the Council of Europe in the light of recent developments in the
international situation, and, in particular, a common European policy
towards the East, " the Committee of Ministers adopted on 15th December
1956 Resolution (56) 23, which reads as follows :
" Th e Committee of Ministers,
Having considered Recommendation 105 (1956) of the Consultative Assembly;
Convinced that the international situation makes it increasingly
urgent for Member States to formulate and apply a common policy
on all questions of vital concern to Europe; Recalling its Resolution (54)
16 which sets out a procedure for consultation among European delegations
to international organisations, Invites Member Governments to take
into consideration the principles set forth in Recommendation 105,
with a view to elaborating a common policy; Recommends that the
following principles should form the basis of the policy to be applied
to certain of the most urgent problems facing Europe today.
A. Eastern Europe
1. All peace-loving peoples should support the right of
the nations of Eastern Europe, like all other peoples, to choose
their own freely elected Governments;
2. The political regime in the countries of Eastern Europe
should be decided by the peoples themselves, with full respect of
human rights and uninfluenced by pressure from outside
B. Hungary
Full support for the Resolution of 12th December 1956
of the United Nations General Assembly calling once again upon the
Soviet Union to begin an immediate withdrawal, under United Nations
observation, of their armed forces from Hungary and to permit the
re-establishment of the political independence of Hungary.
C. The Middle East
1. Full support of the United Nations Emergency Force
in Egypt, with a view to preventing further hostilities in the area
;
2. Establishment of a permanent and secure system of operation
of the Suez Canal, which is of vital economic concern to all Member
States : this system to guarantee international rights under the
1888 Convention in accordance with the six principles adopted unanimously
by the Security Council last October;
3. The achievement of a just and permanent peace settlement
between Israel and the Arab States, which will enable the urgent
economic problems of the area to be tackled more effectively and
thus lead to a rise in the general standard of living, which will
itself contribute directly to the mutual prosperity and security
of Europe and the Middle East."
24. The Assembly Representatives were informed of this
text at the Joint Committee meeting on 16th December 1956.
25. The Committee of Ministers has taken note of Recommendation
132 (1957) on the situation in Hungary and the Middle East. This
Recommendation, adopted on 11th January 1957, does not call for
any modification or development on its part of the position defined
in Resolution (56) 23. In particular, it considers that Section C
of this Resolution concerning the Middle East still remains valid.
3.1.2 Expression of feelings
of solidarity with the Hungarian nation
26. On 6th November 1956 the Committee of Ministers adopted
Resolution (56) 18, which reads as follows :
" The Committee of Ministers,
Profoundly distressed by the tragic fate inflicted on
the Hungarian people;
Aware of the bonds which bind this heroic people to the
family of European nations;
Considering that the aggression of the Soviet armed forces
has as its deliberate purpose to crush the will of the Hungarian
people for independence and to prevent the realisation of their
national aspirations through the free choice of their institutions,
Expresses its indignation at the oppression to which this
people is being subjected;
Insists on the urgent need for human rights and fundamental
freedoms to be restored and respected in Hungary;
Affirms its feelings of solidarity with the Hungarian
nation and expresses its deep sympathy with all those in Hungary
who suffer and have given their lives for the cause of liberty and
independence.
Right and justice will eventually triumph over brute force.
"
27. In accordance with the instructions of the Committee of Ministers
this Resolution was immediately made public.
28. The representative of Austria was not present at the meeting
at which the Resolution was adopted.
29. An exchange of views concerning the Resolution took place
at the meeting of the Joint Committee on 16th December 1956.
3.1.3 Aid to Hungarian
refugees
30. The interest taken by the Committee of Ministers
in the question of assisting the Hungarian refugees was demonstrated
in a letter, dated 14th November 1956, from the Chairman-in-office
of the Ministers' Deputies to the President of the Consultative
Assembly.
31. In this connection, the Committee of Ministers adopted Resolution
(56) 20 in which it decided that " a grant of 100 million French
francs should be made to the Austrian Government as a contribution
towards the measures taken to assist the Hungarian refugees. "
32. The Resolution was transmitted to the Assembly in a letter
from the Secretary-General to the President of the Assembly dated
12th December 1956.
33. Measures taken by individual Member Governments to assist
Hungarian refugees, as well as Assembly Recommendation 106 (1956)
and Resolution 113 (1956), were discussed by the Joint Committee
on 16th December 1956.
34. Furthermore, at the Joint Committee meeting on 25th March
1957, the Assembly Representatives were informed of the decision
of the Committee of Ministers to instruct the Secretary-General
to write to Member Governments asking them to provide the Secretariat
with full information on the position as on 1st March 1957 concerning
aid already granted to Hungarian refugees by Member States individually,
in particular measures taken for their resettlement in those countries.
35. The information received by the Secretariat has been communicated
to the Assembly in Doc. 642.
36. After examining Assembly Recommendation 114 (1957) on aid
to refugees, the Committee of Ministers adopted, on 26th January
1957, Resolution (57) 2 which reads as follows :
" Th e Committee of Ministers,
Considering that further measures are needed for the assistance
of Hungarian refugees;
Being of the opinion that help should be given to the
Austrian Government, which is having to meet an increasingly difficult
situation in view of the influx of these refugees into its territory,
Resolves to invite each of the Member Governments to examine
the possibility of complying with the wishes expressed by the Assembly
in its Recommendation 114 adopted on 8th January 1957."
37. As suggested in paragraph 1 of Assembly Recommendation 123
(1957) on assistance for Hungarian refugee students, the Committee
of Ministers has also instructed the Acting Secretary-General to
approach the United Nations High Commissioner for Refugees in order
to find out what is being done for Hungarian refugee students in
the Member States of the Council of Europe.
3.1.4 Second " Conference
of Strasbourg "
38. The Committee of Ministers has approved, in principle,
the holding of a second " Conference of Strasbourg" composed of
representatives of the Canadian Parliament, the United States Congress
and the Consultative Assembly of the Council of Europe.
3.2 CHAPTER II - Economic
Questions
3.2.1 European Atomic
Energy Organisation and - Creation of a General Common Market
39. The Committee of Ministers considers that Assembly
Resolutions 90 (1955), 101 (1956) and 120 (1957) have now been overtaken
by events and that, moreover, the principles proclaimed in these
Resolutions were widely accepted at the Brussels Conference.
40. Furthermore, the Committee of Ministers has noted Assembly
Resolution 119 (1957) and has observed that the two suggestions
put forward in Section I have been taken into consideration in the
Treaty signed in Rome on 25th March 1957.
41. With regard to the first suggestion, a Study Group comprising
the six Signatories of the Euratom Treaty together with Denmark,
Sweden and Switzerland has been set up and is considering the possibility
of constructing an isotope separation plant, possibly in the form
of a joint concern.
42. With regard to the second suggestion, a special chapter of
the Euratom Treaty gives the European Commission extensive powers
with a view to ensuring strict control of the use of fissile materials,
ores and raw materials.
43. So far as Section II of the Resolution is concerned the Committee
points out that :
a The European
Commission provided for by Euratom will be endowed with independent
authority and joint responsibility;
b Motions of censure on the Commission's administration
may be tabled in the Assembly. Should such a motion be adopted,
the members of the Commission will be required to resign in a body;
Furthermore, the Commission will refer preliminary draft Budgets
to the Council and will be consulted by the Council whenever the
latter intends to deviate therefrom. If the Assembly puts forward
amendments to a draft Budget, the amended text will be transmitted
to the Council which will discuss it with the Commission;
c The Treaty provides for an Economic and Social Committee
of an advisory character, composed of representatives of various
categories of economic and social life. This Committee may be divided
into specialised sections. Moreover, it may set up sub-committees
which will prepare draft opinions on specific questions;
d Article 230 of the Treaty provides for co-operation with
the Council of Europe. In a Resolution adopted at the time of signature
of the Treaty, the Interim Committee was instructed to define the
form this co-operation should take.
44. This question will be kept under review by the Governments.
45. The Committee of Ministers has further decided to transmit
to O.E.E.C. for information Assembly Recommendation 130 (1957) on
the establishment of an European General Common Market.
3.2.2 Economic development
of Southern Europe
46. The Committee of Ministers has decided to transmit
officially to O.E.E.C. for an opinion Recommendation 95 (1956) of
the Assembly and Resolution (56) 15 of the Committee of Ministers.
47. On 19th February 1957, the Chairman and the Rapporteur of
the Committee on Economic Questions addressed the Council of O.E.E.C.
on the subject of the Recommendation mentioned above.
3.2.3 European economic
integration
48. The Committee of Ministers has noted Assembly Resolution
115 (1957) concerning " the O.E.E.C.'s comments with regard to Recommendation
77 (1955) on the economic integration of Western Europe", and has
decided to communicate this Resolution to O.E.E.C.
3.2.4 Reduction of customs
tariffs
49. In its last Statutory Report the Committee of Ministers
had already informed the Assembly of the action taken on Recommendation
82, which was transmitted to O.E.E.C. and G. A. T. T. for an opinion.
(Doc. 543, paras. 7 to 9).
50. These two organisations have duly sent replies, which have
already been brought to the notice of the Assembly by means of the
Seventh Report of O.E.E.C. and, in the case of G. A. T. T;, by an
information document of the Secretariat-General communicated to
the Committee on Economic Questions.
51. Having regard to these opinions, the Committee of Ministers
considers that in view of the progress being made towards a system
of gradual tariff reduction, as evidenced by the replies received
both from O.E.E.C. and G. A. T. T., and by the current agreement
on progressive tariff reductions amongst those countries negotiating
a Customs Union in Brussels and similar proposals put forward in
paragraphs 19-23 of the report of Working Party No. 17, Sections
(a) and (b) of Recommendation 82 can now be considered as overtaken
by events.
52. As regards Section (c), although negotiations for the Customs
Union and the Free Trade Area have so far been conducted by the
Intergovernmental Conference in Brussels and O.E.E.C. respectively,
it is clear that the agreements reached will be submitted to G.
A. T. T.
3.2.5 Increased use
of fertilisers
53. The Committee of Ministers has decided to transmit
Recommendation 122 (1957) to O.E.E.C. for an opinion.
54. The Committee of Ministers considers that members of the Assembly
might comment on the Recommendation at a special session of the
CE/OEEC Liaison Committees.
3.2.6 European co-operation
in postal and telecommunications services
55. After having examined Assembly Recommendation 102
(1956), the Committee of Ministers consdered that there was no reason
to set up a European Conference of Ministers of Postal and Telecommunications Services
within the framework of the Council of Europe in view of the work
being carried out by other international institutions, more particularly
the Working Party which met at Frankfurt in February 1957 and which,
as it is, includes eight Member States of the Council of Europe,
to which others may be added.
56. The Committee of Ministers felt that this Working Party was
competent to take action on the matters dealt with in the Assembly
Recommendation.
57. As regards Point 5 of the Recommendation, the representative
of France stated that his Government saw no objection to the Assembly's
suggestion.
58. As regards Points 6 and 7, the Committee of Ministers agreed
to leave it to each individual Government to take such action as
it thought fit on the Assembly's proposals.
59. The Assembly was informed of these views at the Joint Committee
meeting on 25th March 1957.
3.3 CHAPTER III - Social
Questions
3.3.1 Public health
60. The Committee of Ministers has examined the Report
of the 5th session (November 1956) of the Committee of Experts on
Public Health.
61. It approved the experts' proposal that the direct contacts
established between the national health services of Member Governments
and Switzerland should be extended to Finland.
62. It also approved the experts' recommendation to transmit the
Report on the inter-availability of climatic facilities, hospitals
and special treatments as between member countries to the Committee
of Experts on Social Security, for consideration of its financial
aspects within the framework of the social security systems of Member
States and for the preparation of a memorandum on these points.
63. The Committee of Ministers further approved the principle
of extending the " excepted areas " created within the framework
of W. E. U. to all member countries of the Council of Europe. This
question will be re-examined as soon as W. E. U. has supplied certain
technical information.
64. It was decided that these arrangements should only be extended
to one country at a time.
65. The Committee of Ministers agreed that the question of the
problems confronting the health services as a result of the development
of automation in the field of public and mental health should be
placed on the Agenda for the next meeting of the Committee of Experts.
66. The question of inviting observers from non-member countries
to attend the experts' meetings has also been placed on the Agenda
for the next meeting of the experts, to be held in July 1957.
67. The Committee of Ministers examined a request to place on
the same Agenda the question of the harmonisation in member countries
of training courses for public health nurses; the Committee considered, however,
that this question was already being dealt with by W. H. G. and
saw no need, therefore, to accede to the request of the Committee
of Experts.
3.3.2 Medical fellowships
68. As regards medical fellowships, the principle of
which had already been accepted by the Committee of Ministers (Doc.
485, paragraph 18), a credit of 9 million francs was included for
this purpose in the 1957 Budget.
69. The Committee of Ministers has decided that the administration
of the fellowships should be entrusted to the Council of Europe,
which will co-operate closely with the Regional Office for Europe
of W. H. 0.
70. The fellowship programme is designed to enable members of
the medical and paramedical professions and of the health services
:
i to become conversant with new
techniques practised in European countries;
ii to participate in studies and research of common European
interest.
71. The meeting of the Selection Committee to award the fellowships
has been fixed for May 1957.
3.3.3 European Code of
Social Security
72. The Committee of Ministers has examined the Report
of the 10th session (October 1956) of the Committee of Experts on
Social Security.
73. In pursuance of Resolution (54) 13 of the Committee of Ministers,
the experts considered the advisability of adding a Protocol to
the European Code of Social Security, embodying standards higher
than those of the draft European Code.
74. The experts defined the new standards, but were unable to
reach agreement on the method of embodying these standards in a
European instrument—whether in the form of a single Code or a Protocol
to the Code.
75. The Committee of Ministers decided to maintain the draft Code
in its present form and instructed the Committee of Experts to draw
up a Protocol.
76. After making certain amendments to the text drawn up by the
experts, the Committee of Ministers decided to transmit the draft
European Code thus provisionally adopted to the Assembly for an
opinion.
3.3.4 Social Charter
77. During its 4th session held in Strasbourg from 29th
January to 1st February 1957, the Social Committee continued its
examination of the draft European Social Charter in pursuance of
Resolution (56) 25 of the Committee of Ministers and in the light
of Assembly Recommendation 104 (1956).
78. The Social Committee held a special meeting at the beginning
of its session to enable a representative of the International Federation
of Christian Trade Unions to explain the Federation's views on the
Social Charter. The International Confederation of Free Trade Unions,
which had also been invited, was not able to send a representative
to this meeting.
79. In accordance with Resolution (56) 25, the Social Committee
decided to consult also the International Association of Employers
on this subject.
80. The Social Committee also studied the desirability of including
in the Charter certain rights not hitherto covered by its work.
It decided to transmit to the Governments a questionnaire prepared
by the Committee of Experts on Public Health concerning certain
rights relating to health.
81. The Social Committee further decided to consult Governments
on the inclusion of the following rights
- adequate standard of living;
- food, clothing, housing;
- social services.
82. In order to hasten the conclusion of its work on the Social
Charter, the Social Committee set up a working group, which met
from 9th to 12th April 1957, to draft the texts of all the Articles
of the Charter which the experts had already examined.
83. The Committee of Ministers has also authorised a joint meeting
of members of the Social Committee and of the Assembly Committee
on Social Questions. The meeting will be held in July 1957.
84. The 5th session of the Social Committee will be held from
16th to 19th July 1957.
3.3.5 International Labour
Convention on Migrant Workers and the O.E.E.C.'s Decision on Foreign
Labour
85. The Committee of Ministers has examined Assembly
Recommendation 112 (1957).
86. With regard to the first part of the Recommendation—the ratification
by Member Governments of the Council of Europe of International
Labour Convention No. 97 on Migration for Employment (1949)—the Committee
of Ministers would point out that it has dealt with this question
on earlier occasions. At its First Session, the Assembly recommended
the speedy ratification of the Convention in question. The Committee
of Ministers, at its Second Session, approved this Recommendation
and decided to transmit it to the Governments.
87. Recommendation 47 (1953) on the ratification of International
Labour Conventions advocated the speedy ratification of eight different
conventions listed in the Recommendation, including Convention No.
97 on Migration for Employment.
88. The Committee of Ministers approved this Recommendation and
invited Member Governments to let the Secretary-General know which
of the Conventions specified by the Assembly had been ratified,
indicating, if possible, their position with regard to the others.
This information is contained in the Fifth Report from the Committee
of Ministers to the Assembly (Doe. 237). The Committee further informed
the Assembly that this information would be transmitted to the Social
Committee, so that discussions might be held on the conventions in
question. This question therefore appears on the Agenda of the Social
Committee, which may be expected to consider it as soon as it has
been able to complete the drafting of the European Social Charter.
89. The Convention in question has been ratified by Belgium, France,
Italy, the Netherlands, Norway and the United Kingdom. The ratifications
of France and Norway have been effected since the Fifth Report of
the Committee of Ministers was transmitted to the Assembly.
90. With regard to the second part of Recommendation 112, the
Committee of Ministers recalls that the Council of O.E.E.C, in December
1956, adopted a revised text of the Decision concerning the employment
of foreign workers. This text is more favourable to foreign workers
than the original Decision of October 1953.
91. The majority of Member Governments are applying a manpower
policy corresponding thereto. The Members of the Council of Europe,
being also Members of O.E.E.C, follow the action of O.E.E.C. in
this field.
92. In these circumstances, the Committee of Ministers considers
that at the present stage no further action is called for in connection
with the second part of Recommendation 112.
3.3.6 Co-ordination of
social and manpower policies of Member States of the Council of
Europe
93. The Committee of Ministers has made a preliminary
examination of Assembly Recommendation 113 (1957) and decided to
instruct the Secretary-General to ask O.E.E.C. for information on
developments in the work it has undertaken in the field covered
by this Recommendation.
94. The Committee of Ministers will re-examine this question on
the basis of the information received.
3.3.7 Travel facilities
for war-disabled when abroad
95. The Committee of Ministers will shortly examine Assembly
Recommendation 118 (1957) on " the conclusion of an Agreement concerning
reciprocal travel facilities for the war-disabled when travelling
abroad by railway. "
96. It will study in particular the possibility of concluding
a partial agreement on the subject.
3.3.8 European solidarity
in cases of natural disaster
97. With regard to Assembly Recommendation 119 (1957)
on " action to foster European solidarity in cases of natural disaster,
" the Committee of Ministers considers that whenever a European
country had been overtaken by natural disaster, individual assistance
from Member States has always been forthcoming and that this has
enabled action to be taken more promptly and effectively than would
collective assistance.
98. With regard to Point 5 of the Recommendation, the Committee
of Ministers feels that the measures already taken individually
by Member Governments represent a considerable effort.
3.3.9 Agreement on the
Exchange of War Cripples with a View to Medical Treatment
99. Italy deposited its instrument of ratification of
this Agreement with the Secretary-General of the Council of Europe
on 17th January 1957.
100. Member States which have so far ratified the Agreement or
have signed it without need for ratification are : France, the Federal
Republic of Germany, Ireland, Italy, Norway, Sweden and the United
Kingdom.
3.4 CHAPTER IV - Refugees
and Over-population
3.4.1 Report of the
Special Representative
101. During its 19th Session the Committee of Ministers
heard a statement by M. Pierre Schneiter on his activities as Special
Representative for National Refugees and Overpopulation, and on
the operation of the Resettlement Fund.
102. The Committee of Ministers expressed the hope that, with the
Special Representative's active support, the efforts of the Governments
would gradually lead to concrete measures for solving the problems
created by surplus manpower in certain Member States of the Council
of Europe.
103. The Committee of Ministers has taken note of Assembly Resolution
114 (1957) in reply to the progress report which the Special Representative
presented to the Assembly during the second part of its 8th Session
104. The Committee of Ministers has also noted Assembly Resolution
117 (1957) in reply to the Fifth Report on the activities of the
Office of the United Nations High Commissioner for Refugees.
3.4.2 Moral re-adaptation
of young refugees from Eastern Europe
105. On 6th April 1957 the Committee of Ministers adopted
the following Resolution (57) 7 :
"
The Committee of Ministers,
Having considered Assembly Recommendation 92 concerning
the moral re-adaptation of young refugees from Eastern Europe, as
well as the information submitted by the Secretary-General on the 'European
Education Community';
Recognising the importance, from the European point of
view, of the moral re-adaptation of young refugees who have been
received in Member States of the Council of Europe,
Expresses the wish that Member Governments should give
their support, according to their possibilities, to the official
or private charitable organisations concerned with the moral re-adaptation
of these young refugees."
3.4.3 Resettlement of
refugees and surplus agricultural workers
106. The Committee of Ministers has decided to transmit
Recommendation 121 (1957) on " the resettlement of refugees and
surplus agricultural workers " to O.E.E.C. for an opinion.
107. Assembly Representatives might perhaps comment on this Recommendation
at a special session of the CE/OEEC Liaison Committees.
3.5 CHAPTER V - Cultural
Questions
108. The Committee of Ministers has decided to maintain
the sum of 25 million francs as the appropriation for the Council
of Europe's cultural activities, and-to leave it to the Secretary-
General to apportion this sum among the various items of the programme
after obtaining the opinion of the Bureau of the Committee of Cultural Experts.
109. The Committee of Ministers has noted Assembly Recommendations
107, 108, 109, 110, 111, 126, 127, 128 and 129 (1957) on various
cultural questions and has decided to refer them to the Committee
of Cultural Experts for an opinion.
110. The 13th session of the Committee of Cultural Experts will
be held in Strasbourg from 9th to 16th May 1957.
3.5.1 Course of European
Studies
111. The Sixth Course of European Studies, which in 1956
was reserved for directors and members of the teaching staff of
training colleges for primary and secondary school teachers, was
held from 15th to 24th October 1956 at the Council of Europe headquarters.
112. Thirty-two nationals of Member States attended the course.
The lecturers were :
Mr. Peter
Wiles Director of the Course, Fellow of New College, Oxford.
M. Jan de Meyer Professor of Public Law at the University
of Lou-vain.
M. Edoardo Vitta Professor of International Law at the
University of Bologna
M. Georges Berthoin London Office of the High Authority
of E. C. S. C.
3.5.2 European Exhibitions
113. The third European Exhibition was held in Rome from
1st December 1956 to 17th February 1957, on the theme : " The XVIIth
Century in Europe : Realism, Classicism and Baroque. " (Doc. 543,
para. 57 e).
3.5.3 Meeting of non-governmental
youth organisations possessing consultative status
114. A meeting was held in Strasbourg on 12th and 13th
April 1957 to enable non-governmental youth organisations possessing
consultative status to examine jointly with members of the Youth
Sub-committee of the Committee of Cultural Experts ways and means
of improving European co-operation in the field of youth. This meeting
is the first example of direct co-operation between the Council
of Europe and non-governmental cultural organisations possessing
consultative status (Doc. 543, para. 54).
3.5.4 European Convention
on the Equivalence of Diplomas leading to Admission to Universities
115. On 9th October 1956 Austria acceded to this Convention,
which was signed in Paris on 11th December 1953.
116. On 31st October 1956 Italy deposited its instrument of ratification
with the Secretary-General of the Council of Europe.
117. The Convention has now been ratified by all member countries
except Sweden and Turkey.
3.5.5 European Convention
on the Equivalence of Periods of University Study
118. This Convention was signed in Paris on 15th December
1956, during the 19th Session of the Committee of Ministers.
119. For technical reasons, Austria, Greece, and Turkey have not
yet signed the Convention.
120. It was ratified by Ireland on 20th February 1957 and by Norway
on 14th March 1957.
121. It will come into force as soon as the third instrument of
ratification has been deposited with the Secretary-General of the
Council of Europe.
122. The Committee of Ministers has noted Assembly Resolution 118
(1957) in reply to UNESCO's Third Report and has decided to communicate
it to the Cultural Experts, reminding them of the decision taken
by the Committee of Ministers concerning the examination of the
annual report of UNESCO by the Joint Cultural Committee (Reply to
Chapter IV of Assembly Opinion No. 13/14, para. 4).
3.6 CHAPTER VI - Convention
for the Protection of Human Rights and Fundamental Freedoms
3.6.1 Ratification of
the Protocol by the Federal Republic of Germany
123. On 13th February 1957 the Government of the Federal
Republic of Germany deposited with the Secretary-General of the
Council of Europe its instrument of ratification of the Protocol
to the European Convention on Human Rights.
124. When depositing this instrument the Government of the Federal
Republic of Germany declared that, in its opinion, the second sentence
of Article 2 of the Protocol did not impose on the State any obligation
to finance or to assist in financing schools of a denominational
or philosophical character.
125. In a letter of 28th March 1957 the Permanent Representative
of the Federal Republic of Germany informed the Secretary-General
of the Council of Europe, on behalf of his Government, that the
Protocol was also applicable to Land Berlin as from 13th February
1957.
126. At present the following Member States are bound by the Convention
and Protocol : Belgium, Denmark, the Federal Republic of Germany,
Greece, Iceland, Ireland, Italy, Luxembourg, the Netherlands, Norway, Sweden,
Turkey and the United Kingdom.
3.6.2 Revocation of a
reservation made by Norway
127. When depositing its instrument of ratification (15th
January 1952), the Norwegian Government, in accordance with Article
64 of the Convention, made the following reservation : " Wherea
s Article 2 of the Norwegian Constitution of 17th May 1814 contains
a provision under which Jesuits are not tolerated, a corresponding
reservation is made with regard to the application of Article 9
of the Convention. "
128. In a letter of 4th December 1956, however, M. Halvard Lange,
Norwegian Minister for Foreign Affairs, informed the Secretary-General
of the Council of Europe that this reservation had been revoked
as a result of the abrogation of the constitutional provision in
question.
3.6.3 Extension to the
Saar of the right of individual application
129. As a result of the incorporation of the Saar in the
Federal Republic of Germany (1st January 1957), the right of individual
application to the European Commission of Human Rights, already
recognised by the Federal Republic of Germany, by virtue of Article
25 of the Convention, for all persons coming within its jurisdiction,
was extended to the Saar.
3.6.4 Renewal of two
declarations by the Government of Denmark
130. On 7th April 1957, the Secretary-General of the Council
of Europe received a letter dated 2nd April 1957 from the Ministry
of Foreign Affairs of Denmark transmitting two declarations by the
Danish Government. These declarations prolong for a further period
of five and two years respectively, as from 7th April 1957, the
validity of the declarations of 14th March 1955, whereby, for a
period of two years as from 7th April 1955, the Danish Government
recognised the right of individual application to the European Commission
of Human Rights and accepted the compulsory jurisdiction of the
European Court of Human Rights (Articles 25 and 46 of the Convention).
131. To date, seven Contracting Parties (Belgium, Denmark, the
Federal Republic of Germany, Iceland, Ireland, Norway and Sweden)
have recognised the right of individual application to the European
Commission of Human Rights.
132. As regards the compulsory jurisdiction of the European Court
of Human Rights, five Contracting Parties (Belgium, Denmark, the
Federal Republic of Germany, Ireland and the Netherlands) have so
far declared their acceptance. Under the terms of Article 56 of
the Convention, the first election of members of the Court shall take
place after such declarations have reached a total of eight.
3.6.5 Election of a
Member of the European Commission of Human Rights
133. On 28th January 1957 the Committee of Ministers adopted
the following Resolution (57) 3 :
"
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 M. H. Jonasson, elected in respect of Iceland on 18th May 1954,
which list was transmitted by a letter of the President of the Consultative
Assembly dated 25th January 1957;
Having voted on this question,
Declares M. Fridjon Skarphedinsson elected unanimously
as a member of the European Commission of Human Rights for the remainder
of the term of office of his predecessor."
3.6.6 Partial renewal
of the membership of the European Commission of Human Rights
134. In accordance with Article 22, paragraph 1 of the
Convention, the terms of office of seven members of the European
Commission of Human Rights shall expire at the end of three years
after the first election, which took place on 18th May 1954. These
seven members, who were chosen by lot by the Secretary-General on 21st
May 1954, in accordance with Article 22, paragraph 2 of the Convention,
were those elected in respect of Iceland, Ireland, Italy, Luxembourg,
the Saar, Sweden and Turkey.
135. However, the term of office of the member elected for the
Saar expired on 1st January 1957, since the Saar then ceased to
be a Party to the Convention and the Commission may not consist
of a greater number of members than there are Parties to the Convention
(Article 20 of the Convention). This means that only six seats will
fall vacant on 17th May 1957.
136. Being called upon to fill these six seats, the Committee
of Ministers adopted on 6th April 1957 Resolution (57) 9 which reads
as follows :
" The Committee
of Ministers,
Having regard to Articles 19 (a), 20, 21 and 22, paragraphs
1, 2 and 3 of the Convention for the Protection of Human Rights
and Fundamental Freedoms;
Having regard to the choosing by lot, in pursuance of
the aforesaid Article 22, paragraphs 1 and 2, on 21st May 1954,
of seven members of the European Commission of Human Rights
Having regard to the expiry on 17th May 1957, in accordance
with the aforesaid Article 22, paragraph 1 and Resolution (54) 9
of the Committee of Ministers of 18th May 1954, of the terms of
six of the said members, the term of the remaining member, being
the member in respect of the Saar, having expired on 1st January
1957;
Having regard to the list of candidates for the seats
on the European Commission of Human Rights left vacant by the expiry
of the terms of the aforesaid six members, which list was drawn
up by the Bureau of the Consultative Assembly and transmitted to
the Chairman of the Committee of Ministers by a letter of the President
of the Assembly dated 18th March 1957;
Having voted on this question,
Declares the following candidates to be re-elected by
an absolute majority of votes in respect of the countries concerned
: M. Fridjon Skarphedinsson (Iceland); Mr. James Crosbie (Ireland);
M. Francesco Maria Dominedo (Italy); M. Paul Faber (Luxembourg);
M. Sture Petren (Sweden). "
137. The Committee of Ministers has decided to elect at a later
meeting a member to fill the seat left vacant in respect of Turkey.
3.6.7 Assembly Recommendations
83 (1955) and 103 (1956)
138. The decisions taken by the Committee of Ministers
on these two Recommendations, the first relating to individual claims
under the Convention and the second to the interpretation of Article
15, paragraph 3 of the Convention, may be found in Document 624.
3.6.8 Privileges and
immunities of members of the European Commissioyi of Human Rights
139. The Committee of Ministers had decided that the nature
and extent of the privileges and immunities of members of the European
Commission of Human Rights, provided for in Article 59 of the Convention,
should be laid clown in a new Protocol to the General Agreement
on Privileges and Immunities of the Council of Europe (Doc. 543
paras. 67-73).
140. This Protocol, the text of which is appended to the present
Report, was signed on 15th December 1956 by the following Member
States :
without need for ratification
: Denmark, Iceland, Norway and Sweden.
subject to ratification : Belgium, France, the Federal
Republic of Germany, Greece, Italy, Luxembourg and the United Kingdom.
141. In accordance with the provisions of its Article 6, paragraph
1, the Protocol entered into force on the same day for the four
Members which signed it without need for ratification.
3.7 CHAPTER VII - Legal
and Administrative Questions
3.7.1 Simplification
of frontier formalities
142. On 5th December 1956 the Committee of Ministers adopted
Resolution (56) 22, which was communicated to the Assembly Representatives
at the meeting of the Joint Committee on 16th December 1956. The
text of this Resolution is as follows :
" The Committee of Ministers,
Having regard to the fact that the simplification and
abolition to the greatest extent possible of frontier formalities
for travel between European countries is one of the most essential
requirements for creating closer economic and cultural relations
between the European peoples and a deeper sense of European unity;
Noting that during the past few years considerable progress
has been achieved in certain directions, in particular by the abolition
of visas between all member countries of the Council of Europe and
passports between certain European countries;
that the continuing obstacles to crossing frontiers and,
above all, the widely differing attitudes taken by Member Governments
towards the application of frontier formalities, prevent tourists
from travelling with complete freedom in all European countries;
Convinced that it is time to put into effect, if possible
in all member countries, the measures already adopted by certain
Member Governments and recommended by the Consultative Assembly
of the Council of Europe and the Council of Ministers of O.E.E.C.;
Considering that it is important to coordinate the simplification
measures already adopted and to continue the good work with a view
to obtaining further progress in this field, particularly by endeavouring to
achieve the following aims :
1.
Passports shall no longer be compulsory for travel between Member
States. Travellers shall merely be required to prove their identity
by presenting an identity card or some other official paper duly
establishing their identity;
2. Instead of a check on all travellers without exception,
the possibility will be considered of introducing a system of spot
checks;
3. Instead of carnets de passage and triplyques for motor
vehicles, recourse shall be had to a single customs registration
card (e. g. " Zollvormerkkarle ") or any other document whereby frontier
formalities may be greatly simplified for both motorists and the
competent authorities. The final aim shall be to regard the national
registration paper as adequate for the temporary importation of
a vehicle;
4. Conventions on the abolition of visas should be concluded
with as many non-Member States as possible;
5. Other measures should be taken to simplify frontier
formalities for refugees,
Resolves :
a to set up
a Special Committee to study the measures necessary to put the specific
aims set out above into practical effect in the near future, and
to the fullest extent possible, in the member countries which are
willing to take this action;
b that the Special Committee shall include senior officials
of the Ministries of Foreign Affairs and other competent Ministries;
c that the Special Committee shall take into account the
work of O.E.E.C. and E. C. E. and shall consult these bodies as
it may think fit;
d that the Special Committee shall be presided over by a
member of the Government of one of the Member States and shall present
its conclusions and proposals to the Committee of Ministers;
e that member countries which are not yet prepared to take
part in the work of the Special Committee may be represented on
it by an observer."
143. In accordance with the provisions of paragraph (d) of this
Resolution, the Committee of Ministers decided to request Monsieur
A. Pin-ton, Secretary of State for Public Works, Transport and Tourism
of the French Government, to act as Chairman of the Special Committee
set up under the Resolution.
144. M. Pinton was appointed to this office by reason of his personality
and experience, particularly as Chairman of the Assembly Sub-committee
on Frontier Formalities.
145. In order to avoid any duplication in the field of tourism
between the Council of Europe and O.E.E.C, the Committee of Ministers
decided to ask M. Pinton to establish, in consultation with the
Secretaries-General of both organisations, close liaison between
the Special Committee of the Council and the OEEC Tourism Committee.
In this connection they expressed the wish that the experts of the
latter Committee should form part of the delegations to the Special
Committee of the Council of Europe.
146. Furthermore, the Committee of Ministers agreed in principle
to invite the Governments of Switzerland and Portugal, which are
Members of O.E.E.C, to be represented by observers on the Special
Committee.
147. Lastly, the Committee of Ministers decided that the rules
of procedure governing meetings of the Committee of Experts should
be applied to those of the Special Committee.
148. At the meeting of the Joint Committee on 8th February 1957
the Assembly representatives were informed of M. Pinton's appointment
as Chairman of the Special Committee set up under Resolution (56)
22.
149. The Special Committee met on 19th February and again on 16th
and 17th April 1957.
3.7.2 European Convention
for the Peaceful Settlement of Disputes
150. After examining the proposals made by M. Rolin at
the 41st meeting of the Ministers' Deputies (20th to 29th September
1956), the Committee of Ministers decided on the final text of the
draft Convention which was transmitted to Member Governments.
151. The Convention will be signed at the 20th session of the Committee
of Ministers.
3.7.3 Treatment of legal
persons
152. The Committee of Ministers, which had instructed
the Committee of Experts to draw up a draft Convention on the treatment
of legal persons, asked the experts to examine whether it was advisable
to include non-profit-making legal persons in the Convention (Doc.
543, paras. 94 and 95).
153. The next meeting of the Committee of Experts will be held
from 20th to 25th May 1957.
3.7.4 Compulsory motor
insurance
154. In accordance with Assembly Recommendation 100 (1956),
the Committee of Ministers approved the appointment of a Committee
of Government Experts to examine the draft European Convention on Compulsory
Motor Insurance appended to the Recommendation.
155. The Committee of Experts met from 21st to 25th January and
again from 25th March to 4th April 1957.
3.7.5 European Convention
on Extradition
156. The Committee of Ministers referred Assembly Recommendation
124 (1957) to the Committee of Experts on Extradition for examination.
157. The Experts met in Strasbourg from 11th to 13th February 1957
and, in the light of the Recommendation, drew up the final text
of a model bilateral draft Convention and a draft European Multilateral
Convention on Extradition.
158. These texts have been submitted to the Governments for consideration.
3.7.6 European Convention
on Mutual Assistance in Criminal Proceedings
159. The Committee of Experts on Mutual Assistance in
Criminal Proceedings met in Strasbourg from 14th to 20th February
1957.
160. It drew up a number of provisions to be incorporated in a
draft Convention.
161. The Committee of Experts will meet again from 17th to 27th
June 1957.
3.7.7 International Convention
for the Prevention of Pollution of the Sea by Oil
162. Eight countries, namely Canada, Denmark, the Federal
Republic of Germany, freland, Mexico, Norway, Sweden and the United
Kingdom, have deposited their instruments of accession to the Convention
for the Prevention of Pollution of the Sea by Oil.
163. Ratification procedure is in preparation in the Netherlands
and in progress in Italy.
164. The Convention will come into force twelve months after the
date on which not less than ten Governments have become parties
to the Convention, including five Governments each with not less
than 500,000 gross tons of tanker tonnage. Three such Governments
(United Kingdom, Norway and Sweden) have already deposited their
instruments of accession.
165. The British Government, in its capacity as depository Government,
has recently approached those Governments which have not yet deposited
instruments of accession, to ask whether they can state when they will
be in a position to accede to the Convention.
166. The Swedish Government, which is very much interested in this
question, has also appealed to the Governments concerned to expedite
the entry into force of the Convention.
3.7.8 Liability of innkeepers
167. The Committee of Ministers will examine in the near
future Assembly Recommendation 125 (1957) on the " conclusion of
a European Convention on the liability of innkeepers for loss of
or injury to goods brought to inns by guests. "
3.7.9 Convention on the
Issue of Birth, Marriage and Death Certificates for Transmission
Abroad
168. The Committee of Ministers has taken note of the
Report submitted by the Secretary-General of the International Commission
on Civil Status.
169. The Representatives of the States signatory to the Convention
on the Issue of Birth, Marriage and Death Certificates for Transmission
Abroad have expressed the hope that as many Member States of the
Council of Europe as possible will accede to the Convention when
it has entered into force.
3.7.10 Convention relating
to Civil Procedure prepared by The Hague Conference on Private International
Law
170. On 27th September 1956 the Committee of Ministers
adopted Resolution (56) 17, which runs as follows:
" Th e Committee of Ministers,
Having regard to the Agreement between the Council of
Europe and The Hague Conference on Private International Law;
Having regard to the Convention relating to Civil Procedure
prepared by The Hague Conference on Private International Law, and
signed at The Hague on 1st March 1954;
Having regard to the communication of 2nd May 1956 from
the Secretary-General of The Hague Conference on Private International
Law;
Considering that the purpose of the Convention relating
to Civil Procedure is to strengthen intra-European judicial relations
and, in so doing, to contribute to the realisation of the aim of
the Council of Europe, which is to bring about a closer union between
its Members, in particular through the conclusion of agreements
in the legal and administrative spheres,
1. Recommends all Member States who have not yet done
so to sign and/or ratify or to accede to, the Convention relating
to Civil Procedure, signed at The Hague on 1st March 1954; and
2. Invites the Member States concerned to inform the Secretary-General
of any action they are able to take on this Recommendation."
3.7.11 European Convention
relating to the Formalities required for Patent Applications and
European Convention on the International Classification of Patents
for Invention
171. Turkey deposited its instruments of ratification
of these two Conventions on 22nd October 1956.
172. So far, eight Member States have ratified the first Convention
and nine have ratified the second.
3.8 CHAPTER VIII -
Information Questions
3.8.1 Methods of promoting
the European Idea
173. After examining the financial implications of the
proposals contained in Assembly Recommendation 93 (1956), the Committee
of Ministers instructed the Secretary-General to make the necessary
contacts to set up a Co-ordinating Committee of officials responsible
for information questions in the various European institutions.
174. The Committee of Ministers considered that it was not necessary
to change the terms of reference of the Information Directorate.
175. The Committee of Ministers was unable to agree to the Assembly's
suggestion that a monthly newsletter be published.
176. The Secretariat-General was asked to submit a study on the
Assembly's proposals for the production of films for television.
177. The Assembly Representatives were informed of these decisions
at the meeting of the Joint Committee on 8th February 1957.
3.8.2 Brussels Exhibition
178. After noting the proposals put forward by the Joint
Working Party for the Brussels Universal and International Exhibition
of 1958, the Committee of Ministers agreed on the procedure for
the selection of the architect for the interior of the Joint CE/OEEC
Pavilion and on the form of the message to be presented by the Council
of Europe at the Exhibition.
179. In particular, the following decisions were taken :
i The Secretary-General, in his capacity
as Commissioner-General, would choose the architect for the interior
decoration and arrangement of the Council of Europe Section of the
Joint Pavilion. The official appointment of the architect would
be reserved for the Committee of Ministers.
ii In his task as Commissioner-General, the Secretary-General
would be assisted by a special committee of an advisory character.
The Committee of Ministers also emphasised the advisability of associating
the Assembly with the presentation of the Council of Europe's message
at the Exhibition, and thought it desirable that the Special Committee
should consist of an equal number of representatives of the Committee
of Ministers and of the Assembly. It was agreed that this body,
being strictly advisory, would endeavour to form unanimous opinions
without having recourse to formal votes.
180. The Assembly was informed of these decisions by a letter of
4th February 1957 from the Secretary-General to the President of
the Assembly.
181. An exchange of views on this subject took place at the Joint
Committee meeting on 8th February 1957.
182. The Committee of Ministers is represented on the Special Committee
by the permanent Representatives of Belgium, Italy and the United
Kingdom.
183. The Special Committee held its first meeting in Paris on 18th
March 1957.
184. At this meeting the Special Committee noted the thirteen preliminary
plans presented by the competing architects and unanimously expressed
its preference for those submitted by the Italian architects, M.
C. De Carli and M. Grisotti, particularly since their conception
of the structure of a parliamentary assembly hall within the Joint
Pavilion seemed to result in a hemicycle of both symbolic and functional
significance, which was in closest harmony with the architecture
of the building as a whole.
185. The final plans for the arrangement of the Council's contribution
to the Exhibition, prepared by the Secretariat-General, are now
under consideration.
186. A scale model of the Joint Council of Europe/O.E.E.C. Pavilion
has been built under the direction of the architect, M. Schwan-zer,
and is exhibited in the Representatives' Hall in the Council of
Europe Building.
187. As Commissioner-General for the Brussels Exhibition, the Secretary-General
has assigned the duties of Deputy Commissioner-General to M. Paul
M. G. Levy, Director of Information, and those of Administrator-General
with the rank of Deputy Commissioner-General to M. A. Daussin, Director
of Administration.
3.8.3 European Yearbook
188. In this connection the Committee of Ministers adopted
the following Resolution (57) 4 :
"
The Committee of Ministers,
Having regard to Resolution (53) 26 of 30th June 1953;
Having considered the recommendations of the Editorial
Committee contained in Lord Layton's letter of 11th January 1957
(Doc. CM (57) 26),
Resolves :
1. to authorise
the continued publication of the European Yearbook in accordance
with the policy set out in Resolution (53) 26;
2. to approve the proposal that the Editorial Committee
should be enlarged, in order to make it more representative of European
institutions. The Secretary-General is instructed to submit proposals
for the new members at a future meeting of the Committee;
3. to authorise the Secretary-General to conclude a new
contract with N.. V. Martinus Nijhoff's Boekhandel en Uitgeversmaatschappij,
The Hague, providing for the continued publication of the Yearbook,
in accordance with the present arrangements, such new contract to
be of indefinite duration but subject to reasonable notice on either
side;
4. to authorise the Secretary-General to continue the
existing arrangements with the Director of the Peace Palace Library
for editorial assistance in preparation of the Yearbook."
3.8.4 News broadcasts
in Russian
189. The Committee of Ministers has noted the contents
of Assembly Recommendation 116 (1957) on news broadcasts in Russian.
190. The Member Governments concerned will examine the possibility
of implementing the Assembly's proposal and of co-ordinating the
preparation of their broadcasting programmes in Russian.
3.8.5 Television
191. In accordance with Resolution (54) 11 (c) of the
Committee of Ministers, the Combined International Bureaux for the
Protection of Industrial Property and Literary and Artistic Works
communicated to the Secretary-General of the Council of Europe a
number of recommendations concerning the removal of legal impediments
to the exchange of television programmes in Europe, in connection
with authors' rights.
192. After examining these recommendations, the Committee of Ministers
decided to set up a Committee of Government Experts whose terms
of reference would be to propose the necessary measures for implementing these
recommendations.
193. The date of the meeting of this Committee of Experts will
be decided later.
3.9 CHAPTER IX - Participation
of Local Authorities in European activities
194. The European Conference of Local Authorities, the
holding of which was proposed in Assembly Resolution 76 (1955),
took place at the Council of Europe headquarters from 12th to 14th
January 1957.
4 SECTION III - Council
of Europe machinery and administration
4.1 Permanent Representatives
of Governments to the Council of Europe
195. Madame B. Begtrup was appointed Permanent Representative
of Denmark on 1st November 1956, in succession to M. J. Knox.
196. M. P. Eggerz was appointed Permanent Representative of Iceland
on 3rd November 1956, in succession to M. H. Kroyer.
197. M. K. G. Lagerfelt was appointed Permanent Representative
of Sweden on 1st March 1957, in succession to M. S. I. R. Hagglof.
4.2 Succession to the
post of Secretary-General
198. In accordance with Article 4 of the Regulations on
the appointment of the three senior officials of the Secretariat-General,
the Assembly was duly consulted on this subject at the meeting of
the Joint Committee on 25th March 1957.
4.3 Taking of the oath
by the new Clerk of the Assembly
199. At the 19th Session of the Committee of Ministers,
M. G. Schlcosser, Clerk of the Assembly, made the declaration required
under Article 36 (e) of the Statute of the Council of Europe
4.4 Procedure for
the appointment of the Secretary-General, Deputy Secretary-General
and Clerk of the Assembly
200. The Committee of Ministers adopted the regulations
agreed upon by the Joint Working Party at its meeting on 19th November
1956.
201. The Assembly was informed of the text of the regulations in
a letter of 7th December 1956 from the Chairman-in-office of the
Ministers' Deputies to the President of the Assembly.
4.5 Creation of a European
Civil Service
202. The second meeting of the Committee on staff structure,
recruitment and remuneration was held in Paris on 23rd November
with Monsieur A. Daussin, Director of Administration of the Council
of Europe, in the Chair.
203. The Committee examined the first interim report on staff structure
drawn up by its Rapporteur, Monsieur P. Chatenet, Director of the
French Civil Service.
204. The Sub-Committee on pension schemes met in Paris on 24th
November with M. Bernier, Director of Administration and Conferences
of O.E.E.C, in the Chair. The Sub-committee examined the first interim
report on pension schemes drawn up by its Chairman M. Bernier, who
also acted as Rapporteur. The Subcommittee met again in Paris on
8th February and examined the second interim report on pension schemes.
205. The plenary Working Party on the European Civil Service will
hold its second meeting in Strasbourg in July. It will consider
the work of the Committee and Sub-committee and draw up the first
reports for transmission to the organisations and Governments.
4.6 Calendar of meetings
206. 1956 16th October 18th special Session of the CE/OEEC
Liaison Committees (Strasbourg) 23rd October 19th special Session
of the CE/OEEC Liaison Committees (Strasbourg) 29th-31st October
10th Session of the Committee of Experts on Social Security (Strasbourg)
30th-31st October Budget Committee (Strasbourg) 6th-8th November
5th Session of the Committee of Experts on Public Health (Strasbourg)
6th-12th November 42nd meeting of the Ministers' Deputies (Strasbourg)
12-14th November Advisory Committee of the Special Representative
(Paris) 14th-18th November Sub-commission of the European Commission
of Human Rights (Strasbourg) 15th-17th November Governing Body of
the Resettlement Fund (Paris) 19th-21st November Administrative
Council of the Resettlement Fund (Paris) 19th November Joint Working
Party (Paris) 20th November Joint Committee (Paris) 23rd-24th November
Working Party on the European Civil Service (Paris) 27th-30th November
Social Committee (Strasbourg) 29th-30th November Committee of Experts
on Social Security (Strasbourg) 1st December-31st January 1957 Third
European Exhibition (Rome) 3rd-6th December 43rd Meeting of the
Ministers' Deputies (Paris) 15th-16th December 19th Session of the
Committee of Ministers (Paris) 16th December Joint Committee (Paris)
17th-18th December Meeting of Rapporteurs of the Round Table Study
Group (Paris) 18th December Working Party on Regulations Governing
the Award of Research Fellowships (Strasbourg) 18th-20th December
Sub-commission of the European Commission of Human Rights (Strasbourg)
19th-21st December 44th Meeting of the Ministers' Deputies (Strasbourg)
20th December Working Party of the Committee of Cultural Experts
(Paris) 20th December Bureau of the Conferences on the Revision
of History Textbooks (Brunswick) 1957 7th January 20th special session
of the CE/OEEC Liaison Committees (Strasbourg) 12th-14th January
European Conference of Local Authorities (Strasbourg) 14th January
Joint Cultural Committee (Paris) 15th-17th January Bureau of the
Committee of Cultural Experts (Paris) 18th-19th January Sub-committee
on the Equivalence of Diplomas of the Committee of Cultural Experts
(Paris) 18th January Group of Three Members of the European Sub-commission
of Human Rights (Strasbourg) 21st-25th January Committee of Experts
on Compulsory Motor Insurance (Strasbourg) 24th January-lst February
45th Meeting of the Ministers' Deputies (Strasbourg) 29th January-lst
February 4th Session of the Social Committee (Strasbourg) 31st January-2nd
February Sub-commission of the European Commission of Human Rights
(Strasbourg) 8th February Joint Committee (Paris) 8th-9th February
Sub-committee of the Working Party on the European Civil Service
(Paris) llth-13th February Administrative Council of the Resettlement
Fund (Paris) llth-13th February Committee of Experts on Extradition
(Strasbourg) 14th-20th February Committee of Experts on Mutual Assistance
in Criminal Proceedings (Strasbourg) 18th February 21st special
session of the CE/OEEC Liaison Committees (Paris) 19th February
Special Committee on the Simplification of Frontier Formalities
(Strasbourg) 26th February-lst March 11th session of the Committee
of Experts on Social Security (Strasbourg) 4th-9th March European
Commission of Human Rights (Strasbourg) 7th-13th March 46th Meeting
of the Ministers' Deputies (Strasbourg) 18th March Special Committee
on the Brussels Exhibition (Paris) 25th March 47th Meeting of the
Ministers' Deputies (Paris) 25th March Joint Committee (Paris) 25th
March-4th April Committee of Experts on Compulsory Motor Insurance
(Strasbourg) 28th-30th March Sub-commission of the European Commission
of Human Rights (Strasbourg) 4th-6th April 48th Meeting of the Ministers'
Deputies (Strasbourg) 6th-9th April 49th Meeting of the Ministers'
Deputies (Strasbourg) 9th-12th April Working Party of the Social
Committee (Strasbourg) 12th-13th April Youth Conference (Strasbourg)
16th-17th April Special Committee on the Simplification of Frontier
Formalities (Paris) 29th April 20th Session of the Committee of
Ministers (Strasbourg) 29th April Joint Committee (Strasbourg)
5 SECTION IV - Relations
with other international organisations
5.1 CHAPTER I - Intergovernmental
and supranational organisations
5.1.1 Organisation for
European Economic Co-operation
207. The Committee of Ministers has designated the Permanent
Representative of Belgium as member of the Council of Europe Liaison
Committee with O.E.E.C. to replace M. Menemencioglu, Turkish Ambassador
in Paris, who had been appointed Chairman in his personal capacity
and had informed the Secretary- General of his resignation in a
letter dated 2nd November 1956.
208. It was decided that the Chairman of the Council of Europe
Liaison Committee would be the most senior Governmental member of
the Committee.
209. The Committee of Ministers has instructed the Secretary-General
to discuss the question of a possible revision of the composition
and structure of the CE/OEEC Liaison Committees with the Secretary-General
of the O.E.E.C. within the framework of the contacts provided for
under Resolution (56) 24 of the Committee of Ministers.
210. During the period under review the Liaison Committees held
four special sessions which were attended by members of certain
Assembly committees and by OEEC experts.
211. 18th special Session, Strasbourg, 16th October, 1956 : Nuclear
energy, attended by members of the General Affairs Committee and
the Committee on Economic Questions.
212. 19th special Session, Strasbourg, 23rd October 1956 : Work
of the OEEC Ministerial Committee for Agriculture and Food, attended
by-members of the Assembly's Special Committee on Agriculture.
213. 20th special Session, Strasbourg, 7th January 1957 : Economic
consequences of the Suez crisis and possibilities of creating a
free trade area in Europe, attended by members of the Committee
on Economic Questions.
214. 21st special Session, Paris, 18th February 1957 : Same questions
as the previous week, also attended by members of the Committee
on Economic Questions.
5.1.2 European Coal and
Steel Community
215. The Secretary-General was instructed to transmit
to the High Authority, on behalf of the Committee of Ministers,
Assembly Resolution 102 (1956) in reply to the Fourth General Report
of the High Authority of the European Coal and Steel Community.
5.2 CHAPTER II - Non-governmental
Organisations
Consultative status granted
to non-governmental organisations
216. In its Resolution (56) 19, the Committee of Ministers
decided to grant consultative status, category B, to the Société Belge d'Études et d'Expansion.
217. The Committee of Ministers re-examined the application for
consultative status, category C, made by the International Federation
of Railwaymen's Free Ticket Associations, which formed the subject
of Assembly Recommendation 98 (1956).
218. It decided not to grant this request on the grounds that the
activities of the organisation did not justify the granting of consultative
status with the Council of Europe.
219. After examining Assembly Recommendation 120 (1957), the Committee
of Ministers adopted Resolution (57) 5 in which it decided :
a to grant consultative status "
A " to the European League for Economic Co-operation ;
b to grant consultative status " B " to the international
Union of Socialist Youth;
c to grant consultative status " C " to the International
Confederation of Professional and Intellectual Workers;
d not to accede to the request of the Universala Esperanto
Associo.
220. The Committee of Ministers also decided, in its Resolution
(57) 6, to grant consultative status " B " to the Catholic International
Union of Social Service.
Appendix 1 – Second Protocol
to the General Agreement on Privileges and Immunities of the Council of
Europe
Provisions
in respect of the members of the European Commission of Human Rights
The Governments signatory hereto, being Members of the Council
of Europe,
Considering that, under the terms of Article 59 of the Convention
for the Protection of Human Rights and Fundamental Freedoms, signed
at Rome on 4th November 1950, the members of the European Commission of
Human Rights (hereinafter referred to as " the Commission ") are
entitled, during the discharge of their functions, to the privileges
and immunities provided for in Article 40 of the Statute of the
Council of Europe and in the Agreements made thereunder;
Considering that it is necessary to specify and define the
said privileges and immunities in a Protocol to the General Agreement
on Privileges and Immunities of the Council of Europe, signed at
Paris on 2nd September 1949,
Have agreed as follows :
ARTICLE 1
The members of the Commission shall, while exercising their
functions and during their journeys to and from their place of meeting,
enjoy the following privileges and immunities :
a immunity from personal arrest or detention and from seizure
of their personal baggage, and, in respect of words spoken or written
and all acts done by them in their official capacity, immunity from
legal process of every kind;
b inviolability for all papers and documents;
c exemption in respect of themselves and their spouses from
immigration restrictions or aliens registration in the State which
they are visiting or through which they arc passing in the exercise
of their functions.
ARTICLE 2
1. No administrative or other restrictions shall be imposed
on the free movement of members of the Commission to and from the
place of meeting of the Commission.
2. Members of the Commission shall, in the matter of customs
and exchange control, be accorded :
a by
their own Government, the same facilities as those accorded to senior
officials travelling abroad on temporary official duty;
b by the Governments of other Members, the same facilities
as those accorded to representatives of foreign Governments on temporary
official duty.
ARTICLE 3
In order to secure for the members of the Commission complete
freedom of speech and complete independence in the discharge of
their duties, the immunity from legal process in respect of words
spoken or written and all acts done by them in discharging their
duties shall continue to be accorded, notwithstanding that the persons
concerned are no longer engaged in the discharge of such duties.
ARTICLE 4
Privileges and immunities are accorded to the members of the
Commission, not for the personal benefit of the individuals themselves,
but in order to safeguard the independent exercise of their functions.
The Commission alone shall be competent to waive the immunity of
its members ; it has not only the right, but is under a duty, to
waive the immunity of one of its members in any case where, in its
opinion, the immunity would impede the course of justice, and where
it can be waived without prejudice to the purpose for which the
immunity is accorded
ARTICLE 5
This Protocol shall be open to the signature of the Members
of the Council of Europe who may become Parties to it either by
:
a signature without reservation
in respect of ratification; or by
b signature with reservation in respect of ratification
followed by ratification.
Instruments of ratification shall be deposited with the Secretary-General
of the Council of Europe.
ARTICLE 6
1. This Protocol shall enter into force as soon as three Members
of the Council of Europe shall, in accordance with Article 5, have
signed it without reservation in respect of ratification or shall
have ratified it.
2. As regards any Member subsequently signing it without reservation
in respect of ratification, or ratifying it, this Protocol shall
enter into force at the date of signature or deposit of the instrument
of ratification.
ARTICLE 7
The Secretary-General of the Council of Europe shall notify
Members of the Council of the date of entry into force of this Protocol
and shall give the names of any Members who have signed it without
reservation in respect of ratification or who have ratified it.
In witness whereof the undersigned, being duly authorised
to that effect, have signed the present Protocol.
Done at Paris, this 15th day of December 1956, in English
and in French, both texts being equally authoritative, in a single
copy which shall remain deposited in the archives of the Council
of Europe. The Secretary-General shall send certified copies to
each of the signatory Governments.
For the Government of the Republic of Austria :
For the Government of the Kingdom of Belgium :
with reservation in respect of ratification
P.-H. SPAAK
For the Government of the Kingdom of Denmark :
Ernst CHRISTIANSEN
For the Government of the French Republic :
with reservation in respect of ratification
M. FAURE
For the Government of the Federal Republic of Germany :
with reservation in respect of ratification
HALLSTEIN
For the Government of the Kingdom of Greece :
with reservation in respect of ratification
AVEROFF TOSSIZZA
For the Government of the Icelandic Republic :
Gudm. J. GUDMUNDSSON
For the Government of Ireland :
For the Government of the Italian Republic :
with reservation in respect of ratification
G. MARTINO
For the Government of the Grand Duchy of Luxembourg :
with reservation in respect of ratification
BECH
For the Government of the Kingdom of the Netherlands :
For the Government of the Kingdom of Norway :
Haakon NORD
For the Government of the Saar :
For the Government of the Kingdom of Sweden :
R. KUMLIN
For the Government of the Turkish Republic :
with reservation in respect of ratification
For the Government of the United Kingdom of Great Britain
and Northern Ireland :
with reservation in respect of ratification
W. D. ORMSBY-GORE
Appendix 2 – Committee of
Experts of the Council of Europe
1. The Social Committee. Object : to consider questions of
outstanding social importance which may be referred to it by the
Committee of Ministers, for instance, a European Convention on Social
and Economic Rights. This is a Committee of senior Government officials
set up in the light of the Ministers Programme of Action adopted
in May 1953.
2. The Committee of Experts on Social Security. Object : to draft a European Code
of Social Security. When the Code is adopted the Committee will
continue in existence to co-ordinate and implement the provisions
of the Convention whereby a European Code becomes operative.
3. The Committee of Experts on Public Health. Object : to consider questions relating
to public health which may be referred to it by the Committee of
Ministers. It was set up as part of the Programme of Action adopted by
the Ministers in May 1953.
4. The Committee of Cultural Experts. Sub-committees :
Sub-committee on Youth, Sub-committee on the Cultural Identity Card,
Sub-committee on the European Cultural Fund, Sub-committee on Council
of Europe Fellowships, Sub-committee on courses in the European
Idea, Sub-committee for the draft European Convention for the Equivalence
of University Qualifications. In addition an annual conference has
taken place on the revision of history textbooks. Object : The Committee
prepares the Cultural programme of the Council of Europe. In the
light of Article 6 of the European Cultural Convention of 19th December
1954, the Committee considers proposals for the application of the
provisions of the Convention and questions relating to the interpretation
thereof.
5. The Committee of Experts on Extradition. Object : to draft a European Convention
on Extradition.
6. The Committee of Experts on legal aid in criminal proceedings. Object : to draft a European agreement on
legal aid in criminal proceedings.
7. The Committee of Experts for the peaceful settlement of disputes. Object : to draft a European Convention
on the peaceful settlement of disputes.
8. The Committee of Experts on legal and moral persons. Object : to draft a European Convention
relating to legal and moral persons, considered desirable in the
light of the European Convention on Establishment, signed on 13th
December 1955.
9. The Committee of Experts on compulsory motor insurance. Object : to draft a European Convention
on compulsory motor insurance in the light of Assembly Recommendation
100.
10. The Committee of Experts on the removal of legal impediments
to the exchange of television programmes in Europe. Object : to consider recommendations
conveyed to the Council of Europe by the Berne Combined Bureaux
for the protection of Industrial Property and Literary and Artistic
Works.
11. Special Committee on frontier formalities. Object: to consider specific questions
relating to frontier formalities referred to it by the Committee
of Ministers by their decision of December 1956.
12. A decision will be taken shortly as to the possible appointment
of a Committee of Experts on the liability of innkeepers to consider
a draft European Convention in the light of Assembly Recommendation
125.