CM(2007)6 prov 2 30 January 20071
8 Youth and sport
Enlarged Partial Agreement on Sport (EPAS)
Draft Resolution and Statute
Item to be prepared by the Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) at its meeting on 28 February 2007
Draft Resolution Res(2007)… establishing the Enlarged Partial Agreement on Sport (EPAS)
(Adopted by the Committee of Ministers on ….,
at the …th meeting of the Ministers’ Deputies)
The representatives of the Committee of Ministers of [minimum 16 member states interested],
Recognising that the aim of the Council of Europe is the achievement of greater unity between its members for the purpose of safeguarding and realising the ideas and principles which are their common heritage and of facilitating their economic and social progress, in particular by pursuing common objectives designed to protect and promote European culture;
Having regard to Statutory Resolution (93) 28 of the Committee of Ministers on Partial and Enlarged Agreements;
Having regard to Resolution (96) 36 of the Committee of Ministers establishing the criteria for partial and enlarged agreements of the Council of Europe;
Having regard to the Resolutions adopted by the Conferences of European Ministers Responsible for Sport since 1975, and in particular to Resolution I on the Future Pan-European Sports Co-operation adopted at the 17th Informal meeting of European Sports Ministers (Moscow, 20-21 October 2006) ;
Having regard to the [substantial] work done since 1977 by the Committee for the Development of Sport (CDDS) in developing policies designed to promote sport in the member states of the Council of Europe;
Having regard to the European Cultural Convention of 19 December 1954 (ETS No. 018);
Having regard to the European Convention on Spectator Violence and Misbehavior at Sports Events and in particular at Football Matches (ETS No. 120), to the Anti-Doping Convention (ETS No. 135) and its Additional Protocol (ETS No. 188);
Having regard to the recommendations of the Committee of Ministers to member states on the Revised European Sports Charter (Recommendation Rec (92) 13 rev) and the Revised Code of Sports Ethics (Recommendation Rec (92) 14 rev);
Considering the conclusions of the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), which recommended “the continuation of Council of Europe activities which serve as references in the field of sport”;
Considering that the natural values of sport such as respect, mutual understanding and fair play, are excellent tools for the promotion of the values and the goals of the Council of Europe;
Aware of the unique place that sport has in modern society underpinning democracy, participation, involvement, motivation, inclusiveness and social cohesion;
Stressing the importance and significance of sport in modern society, notably from the political, social, cultural and economic perspectives;
Aware of the role of sport in promoting social integration, particularly among young people, and in safeguarding the health of the population;
Having regard to the decision of 29 November 2006 (CM/Del/Dec(2006)981/8.1a) whereby the Committee of Ministers authorised [in principle] the member states who so wish to pursue this objective within the Council of Europe by means of an Enlarged Partial Agreement;
RESOLVE to establish the Enlarged Partial Agreement on Sport (EPAS), governed by the Statute appended thereto;
AGREE that the EPAS is established for an initial period of three years;
AGREE to review the functioning of the EPAS, with a view to continuing its operation, by the end of the initial period of three years;
EXPRESS the wish that all Council of Europe member states and other States Party to the European Cultural Convention become members of the Enlarged Partial Agreement on Sport (EPAS) in the near future.
* * * * * *
Draft Statute of the Enlarged Partial Agreement on Sport (EPAS)
Article 1 – Tasks
1.1 The EPAS shall perform the following tasks:
Policy-Making and Standard Setting
– Develop sports policy strategies and set appropriate standards, reflecting the importance of sport in modern society, in co-operation and dialogue with all parties concerned.
– Stimulate and provide the co-ordination of sports policies and standards within and among the States Party, notably with a view to making the safe practice of ethical sport as widely available as possible.
– Propose policies necessary to deal with topical issues in international sport.
– Monitor the application of the European Sports Charter (Recommendation No. R (92) 13 rev.) and of the Code of Sports Ethics (Recommendation No. R (92) 14 rev.) in the states members of the Agreement.
– Pursue actions for capacity building in the field of “Sports for All”.
Programme of Activities
– Implement intergovernmental sports co-operation activities, as decided by the Governing Board.
– Prepare meetings at Ministerial level, open to both the members of the EPAS and all the other states Parties to the European Cultural Convention, at regular intervals and ensure the appropriate follow-up thereto.
1.2 To that end, it shall in particular:
– Co-operate, as necessary, in these matters with the Standing Committee of the European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches (T-RV), and with the Monitoring Group of the Anti-Doping Convention (T-DO), and in particular, consider including work linked to the development of either convention in its programme of activities.
– Co-ordinate its work with that of the other sectors of the Council of Europe and contribute to multi-sectoral initiatives and other joint programmes defined by the Secretary General.
– Develop, as appropriate, co-operation with the European Community.
– Develop co-operation with international, regional and national non-governmental sports organisations.
Article 2 – Accession and Membership
2.1 Any state which is a member of the Council of Europe or a contracting party to the European Cultural Convention may join the Enlarged Partial Agreement by notification addressed to the Secretary General of the Council of Europe.
2.2 The Committee of Ministers, in its composition restricted to the representatives of the member states of the Enlarged Partial Agreement, may, by the majority stipulated in Article 20.d of the Statute of the Council of Europe, invite any other non-member state of the Council of Europe to join the Enlarged Partial Agreement, following consultation of the non-member states already participating. A non-member state which receives such an invitation shall notify the Secretary General of its intention to become a member of the EPAS.
2.3 Member states of the Council of Europe and other parties to the European Cultural Convention not joining the Enlarged Partial Agreement on Sport may request the status of observer with EPAS. Decisions in such matters will be made by the Governing Board of EPAS.
2.4 The Parliamentary Assembly of the Council of Europe and the Congress of Local and Regional Authorities of the Council of Europe, may participate in the work of EPAS without the right to vote.
2.5 The European Community shall be entitled to participate in the work of the EPAS without the right to vote. It may become a member of the EPAS according to modalities agreed with the Committee of Ministers.
2.6 The Committee of Ministers, in its composition restricted to the representatives of the member states of the Enlarged Partial Agreement, may, by the majority stipulated in Article 20.d of the Statute of the Council of Europe, authorise the EPAS to invite international organisations, NGOs or other bodies to participate in its work as observers without the right to vote.
Article 3 – Governing Board
3.1 The Governing Board of the EPAS shall be composed of one representative appointed by the Government of each member of the Enlarged Partial Agreement. The European Non Governmental Sports Organisation (ENGSO) shall be represented on the Governing Board, without the right to vote.
3.2 The Governing Board shall elect from among its members a bureau comprised of a chair, one vice-chair, four other members, and one representative of the European Non Governmental Sports Organisation (ENGSO) without the right to vote, for a term of office of two years, renewable only once.
3.3 The Governing Board shall:
– be responsible for the general implementation of the tasks conferred to the EPAS;
– adopt the draft annual programme of activities of the EPAS and submit, in conformity with the Financial Regulations of the Council of Europe, proposals to the Secretary General of the Council of Europe relating to the elaboration of the draft annual budget, prior to its transmission to the Statutory Committee set up under Article 5 below;
– decide on pilot projects consistent with the Council of Europe’s political priorities, and draw up the relevant budgets;
– monitor the implementation of the programme of activities and the management of the EPAS’ funds;
– adopt and transmit an annual activity report to the Committee of Ministers.
3.4 The Governing Board shall meet once a year at the Council of Europe. It may invite representatives of the relevant Council of Europe bodies to attend its meetings, without voting rights, according to the items on its agenda.
3.5 The Governing Board may assign operational tasks to its Bureau. The Bureau shall be convened by the Chair of the Governing Board at least once a year.
3.6 The Governing Board shall adopt its decisions by a two-thirds majority of the votes cast, with each member having one vote. Procedural matters shall be settled by a majority of the votes cast. In all other matters, the Governing Board shall adopt its own rules of procedure and any other arrangements for the implementation of its activities.
3.7 A Consultative Committee on the programme of activities of EPAS, comprising members of international organisations, NGOs or bodies participating in the work of the Enlarged Partial Agreement in accordance with the provisions of Article 2.6 shall be created. The Consultative Committee, as a partnership body, shall give an opinion on the programme of activities and provide advice for the decisions of the Governing Board. The Governing Board shall appoint the Consultative Committee and define its mandate.
Article 4 – Budget
4.1 The EPAS’ resources shall comprise:
– Annual contributions from each member joining the EPAS;
– Any other payment, donation or bequest, subject to the provisions of paragraph 4.3 below.
4.2 Expenditure related to the implementation of the programme of activities and common secretariat expenditure shall be covered by a partial agreement budget funded by the member states and non-member states participating in the enlarged partial agreement.
4.3 The EPAS may also receive voluntary and other contributions connected with the work of the agreement, subject to the authorisation of the Governing Board prior to their acceptance. In exceptional circumstances, the Secretary General may consult the Statutory Committee prior to the acceptance of a voluntary contribution. These contributions shall be paid into a special account, opened under the terms of Article 4.2 of the Financial Regulations of the Council of Europe, monitored by the Governing Board in consultations with the Consultative Committee and shall be earmarked for the objectives and tasks specified, provided that they are consistent with the aims of the statute.
4.4 Being constituted of assets of the Council of Europe, the EPAS' financial resources shall benefit from the dispositions of the General Agreement on Privileges and Immunities.
4.5 Travel and subsistence expenses of persons attending meetings of the Governing Board, of the Consultative Committee and, where appropriate, of the Statutory Committee shall be borne by the state or the organisation concerned.
4.6 The Financial Regulations of the Council of Europe shall apply, mutatis mutandis, to the adoption and management of the EPAS budget.
Article 5 – Statutory Committee
5.1 The Statutory Committee shall be composed of the representatives on the Committee of Ministers of the member states of the Council of Europe which are participating in the EPAS and of representatives specifically designated to that effect by the non-member states participating in the EPAS.
5.2 The Statutory Committee shall determine every year the total of members' compulsory contributions to the EPAS and the scale of contributions according to which that total shall be apportioned between the participating states; as a general rule, that scale shall conform to the criteria for the determination of the scale of contributions to the general budget of the Council of Europe.
5.3 The Statutory Committee shall adopt every year the budget of the EPAS on expenditure relating to the implementation of the programme of activities and common secretariat expenditure.
5.4 The Statutory Committee shall approve every year the annual accounts of the EPAS, which shall be drawn up by the Secretary General of the Council of Europe in accordance with the Financial Regulations of the Council of Europe and submitted to the Statutory Committee accompanied by the report of the External Auditor, as provided for in the Financial Regulations. In order to discharge the Secretary General from responsibility for the management of the financial year in question, the Statutory Committee shall transmit to the Committee of Ministers the annual accounts, together with its approval or any comments, and the report drawn up by the External Auditor, as provided for in the Financial Regulations.
Article 6 – Secretariat
6.1 The Secretariat of the Enlarged Partial Agreement, headed by an Executive Secretary, shall be appointed by the Secretary General of the Council of Europe.
6.2 The Executive Secretary may call on institutions and independent experts in the areas concerned by the programme.
6.3 The EPAS will be located at the headquarters of the Council of Europe.
Article 7 – Amendments
The Committee of Ministers, in its composition restricted to the representatives of the member states of the Enlarged Partial Agreement and after consultation with the other members defined in Article 2, may adopt amendments to this Statute by the majority provided for under Article 20.d of the Statute of the Council of Europe.
Article 8 – Withdrawal
8.1 Any member may withdraw from the EPAS by means of a declaration sent to the Secretary General of the Council of Europe.
8.2 The Secretary General shall acknowledge receipt of the declaration and so inform the members of the EPAS.
8.3 By analogy with Article 7 of the Statute of the Council of Europe, withdrawal shall take effect:
– at the end of the financial year in which it is notified, if such notification is given during the first nine months of that financial year;
– at the end of the following financial year, if notification of withdrawal is given in the last three months of the financial year.
8.4 In accordance with Article 18 of the Council of Europe’s Financial Regulations, the Governing Board shall examine the financial consequences of the withdrawal of a member and shall make the appropriate arrangements.
8.5 The Secretary General shall immediately inform the member concerned of the consequences for it of its withdrawal.
Note 1 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.