Ministers’ Deputies

Decisions

CM/Del/Dec(2010)1089 2 July 2010

____________________

1089 meeting, 30 June 2010

Decisions adopted

____________________

CONTENTS

Page

List of those present 7

Introduction 11

1. General questions

1.1 Adoption of the agenda 11

1.2 Preparation of forthcoming meetings +

1.3 Dialogue with the Secretary General and the Deputy Secretary General – Staff matters 11

1.4 Report of the Bureau 12

1.5 Priorities for 2011 and their budgetary implications – Secretary General’s proposals 12

2. Democracy and political questions

2.1 The Council of Europe and the conflict in Georgia +

2.1bis Current political questions +

2.2 Situation in Cyprus+

3. Parliamentary Assembly

3.1 3rd part of the 2010 Session (Strasbourg, 21-25 June 2010)

a. Communication by the Secretary General of the Parliamentary Assembly
on the 3rd part of the 2010 Session and other Assembly activities 13

b. Communication by the Chairman of the Committee of Ministers
and replies to parliamentary questions (21 June 2010) 13

4. Human rights

4.1 “Social approach to the fight against racism at local and regional level” –
Recommendation 246 (2008) of the Congress of Local and Regional Authorities
of the Council of Europe 13

4.2 European Social Charter

a. Collective Complaint No. 47/2008 by Defence for Children International (DCI)
against the Netherlands 14

b. Collective Complaint No. 49/2008 by the International Centre for the Legal Protection
of Human Rights (INTERIGHTS) against Greece 14

c. Collective Complaint No. 51/2008 by the European Roma Rights Centre (ERRC)
against France 14

4.3 Steering Committee for Equality between Women and Men (CDEG) –
Draft Recommendation CM/Rec(2010)… of the Committee of Ministers to member states
on the role of women and men in conflict prevention and resolution, and in peace building and
its draft Explanatory Memorandum 14

4.4 Framework Convention for the Protection of National Minorities –
Draft Resolution CM/ResCMN(2010)…
on the implementation of the Framework Convention by Liechtenstein 15

Page

6. Social cohesion

6.1 European Committee for Social Cohesion (CDCS)

a. Abridged report of the 23rd meeting (Strasbourg, 24-25 February 2010) 15

b. Draft New Strategy for Social Cohesion 15

c. Draft Council of Europe Action Plan for Social Cohesion 15

6.2 European Health Committee (CDSP) –
Draft terms of reference of the Committee of Experts on the Implementation of
Good Governance Principles in Health Systems (SP-IGG) 16

6.3 European Roma and Travellers’ Forum (ERTF) –
Report by the Internal Auditor of the Council of Europe on the implementation
by the Forum of his recommendations 16

6.4 European Pharmacopoeia (EDQM) –
Consumer Health Protection Committee (Partial Agreement) (CD-P-SC) –
Abridged report of the 2nd meeting (Strasbourg, 29-30 April 2010) 16

6.5 “Overindebtedness of households: the responsibility of regions” –
Recommendation 279 (2009) of the Congress of Local and Regional Authorities
of the Council of Europe 17

10. Legal questions

10.1 Committee of Legal Advisers on Public International Law (CAHDI)

a. Exchange of views with the Chairman of the CAHDI+

b. Abridged report of the 39th meeting (Strasbourg, 18-19 March 2010) 17

10.2 Ad hoc committee on preventing and combating violence against women
and domestic violence (CAHVIO) –
Exchange of views with the two co-Chairs, Ms Dubravka Simonovic and Mr Eric Ruelle 17

11. Administration and logistics

11.1 Meeting report of the Budget Committee – May 2010 Session 17

11.2 European Commission for Democracy through Law (Venice Commission) –
Revision of the 2010 budget of the Enlarged Agreement on the European Commission
for Democracy through Law (Venice Commission) 18

11.3 Rules for the reimbursement of persons travelling at the charge of Council of Europe budgets 18

11.4 Pension Reserve Fund –
1st report for 2010 of the Management Board to the Committee of Ministers 18

12. Congress of Local and Regional Authorities of the Council of Europe

12.1 Communication by the Secretary General of the Congress of Local and Regional Authorities
of the Council of Europe +

Page

APPENDICES

APPENDIX 1 1089th meeting of the Ministers' Deputies

(Item 1.1) (Strasbourg, 30 (10 a.m.) June 2010)

Agenda 19

APPENDIX 2 Reply to Recommendation 246 (2008) of the Congress of Local and

(Item 4.1) Regional Authorities of the Council of Europe on the

“Social approach to the fight against racism at local and regional level” 23

APPENDIX 3 Resolution CM/ResChS(2010)5

(Item 4.2c) Collective complaint No. 51/2008

by the European Roma Rights Centre (ERRC) against France 25

APPENDIX 4 Recommendation CM/Rec(2010)10

(Item 4.3) of the Committee of Ministers to member states

on the role of women and men in conflict prevention and resolution

and in peace building 34

APPENDIX 5 Resolution CM/ResCMN(2010)9

(Item 4.4) on the implementation of the Framework Convention for the Protection of

National Minorities by Liechtenstein 42

APPENDIX 6 Terms of reference of the Committee of Experts on the Implementation

(Item 6.2) of Good Governance Principles in Health Systems (SP-IGG) 44

APPENDIX 7 Reply to Recommendation 279 (2009) of the Congress of Local and

(Item 6.5) Regional Authorities of the Council of Europe on the

“Overindebtedness of households: the responsibility of regions” 49

APPENDIX 8 Resolution CM/Res(2010)3

(Item 11.2) concerning the Enlarged Agreement on the European Commission for

Democracy through Law (Venice Commission) 51

APPENDIX 9 Revised rules

(Item 11.3) concerning the reimbursement of travel and subsistence expenses

to government experts and other persons

travelling at the charge of Council of Europe budgets 53

APPENDIX 10 Revised rules

(Item 11.3) concerning the reimbursement of travel and subsistence expenses

to the Ministers’ Deputies

travelling at the charge of Council of Europe budgets 57

APPENDIX 11 Revised rules

(Item 11.3) concerning the reimbursement of travel and subsistence expenses

to members of the European Committee for Social Rights

travelling at the charge of Council of Europe budgets 61

APPENDIX 12 Revised rules

(Item 11.3) concerning the reimbursement of travel and subsistence expenses

to members of the European Committee for the Prevention of Torture

travelling at the charge of Council of Europe budgets 65

Page

APPENDIX 13 Revised rules

(Item 11.3) concerning the reimbursement of travel and subsistence expenses

to experts assisting the European Committee for the Prevention of Torture

travelling at the charge of Council of Europe budgets 69

APPENDIX 14 Revised rules

(Item 11.3) concerning the reimbursement of travel and subsistence expenses

to members of the Administrative Tribunal

travelling at the charge of Council of Europe budgets 73

APPENDIX 15 Revised rules

(Item 11.3) concerning the reimbursement of travel and subsistence expenses

to the Data Protection Commissioner

travelling at the charge of Council of Europe budgets 77

APPENDIX 16 Revised rules

(Item 11.3) concerning the reimbursement of travel and subsistence expenses to

members of the Committee of Experts of the European Charter for Regional

or Minority Languages,

members of the European Commission against Racism and Intolerance,

members and additional members of the Advisory Committee for the

Framework Convention for the Protection of National Minorities, and

members of the group of Experts on Action against Trafficking in Human Beings

travelling at the charge of Council of Europe budgets 81

APPENDIX 17 Revised rules

(Item 11.3) concerning the reimbursement of travel and subsistence expenses

to members of the Congress of Local and Regional Authorities of the

Council of Europe

travelling at the charge of Council of Europe budgets 85

The 1089th meeting of the Ministers’ Deputies opened on 30 June 2010 at 10.00 a.m. under the chairmanship of Mr V. Ristovski, Deputy for the Minister for Foreign Affairs of “the former Yugoslav Republic of Macedonia".

PRESENT

ALBANIA

Ms M. Gega

Ms A. Doko

ANDORRA

Ms F. Aleix

ARMENIA

Mr Z. Mnatsakanian

Mr S. Kartashyan

Ms N. Hambarzumyan

Mr A. Hovhannisyan

Ms I. Beglaryan

AUSTRIA

Ms E. Ellison-Kramer

Mr S. Rutkowski

AZERBAIJAN

Mr A. Mammadov

Mr M. Kangarlinski

Mr H. Nasibov

BELGIUM

Mr J. Devadder

Ms M. Janssens

BOSNIA AND HERZEGOVINA

Ms M. Muharemagić

BULGARIA

Mr A. Tehov

Mr A. Ananiev

Mr A. Krestev

Ms Y. Parparova

Mr M. Bozhkov

CROATIA

Ms A. Djamić

Ms L. Glavaš Kovačić

Mrs P. Leppee Fraize

CYPRUS

Mr E. Evriviades

Mr Y. Michaelides

Mr S. Hatziyiannis

CZECH REPUBLIC

Mr T. Boček

Mr M. Bouček

Ms K. Markovová

DENMARK

Mr C. von Barnekow

ESTONIA

Mr S. Kannike

Ms K. Tikenberg

Mr E. Harremoes

FINLAND

Ms I. Ertman

Ms A.-C. Krank

FRANCE

Mr P. Dahan

Mr P. Ray

Ms M. Bilocq

Ms C. Larene

GEORGIA

Mr Z. Tchiaberashvili

Mr M. Jgenti

GERMANY

Mr H.-D. Heumann

Mr H. Haupt

Ms C. Althauser

Mr J. Holzenberger

GREECE

Mr A. Dendoulis

Mr D. Karabalis

Ms I. Petropoulou

HUNGARY

Ms J. József

Mr V. Garai

Mr B. Horváth

ICELAND

Mr T. Ibsen

Mr J.L. Logason

IRELAND

Ms M. Hennessy

Ms M. Connery

Ms B. Walshe

Ms C. Donnellan

ITALY

Ms D. D'Orlandi

LATVIA

Ms A. Liepina

Ms I. Kase

LIECHTENSTEIN

Mr D. Ospelt

LITHUANIA

Mr G. Šerkšnys

Mr D. Simaitis

LUXEMBOURG

Mr R. Mayer

Mr P. Mores

MALTA

Mr J. Licari

MOLDOVA

Ms V. Agrici

Mr D. Vataman

Mr A. Paladuta

MONACO

Mrs C. Gastaud

MONTENEGRO

Mr Z. Janković

Mr I. Ivanišević

NETHERLANDS

Mr M. van der Kolk

Mr J. Rademaker

NORWAY

Mr P. Wille

Ms T. Kongsvik

Ms E. Widsteen

POLAND

Mr P. Świtalski

Mr J. Grabowski

Ms A. Wyżnikiewicz

Ms E. Suchożebrska

PORTUGAL

Mr A. Madeira Bárbara

Mr J. Patricio

Mr L. Sequeira

ROMANIA

Mr S. Stoian

Mr C.H. Rogoveanu

Ms O. Rogoveanu

Mr L. Flueraru

RUSSIAN FEDERATION

Mr I. Kapyrin

Mr V. Egorov

Mr I. Podolskiy

Mr V. Kashin-Padun

Mr I. Maltsev

Mr I. Subbotin

Mr A. Vlasov

Mr K. Kosorukov

SAN MARINO

Ms M. Bovi

SERBIA

Ms V. Radonjic-Rakic

Mr A. Tomic

SLOVAK REPUBLIC

Mr E. Kuchár

Ms S. Danová

SLOVENIA

Mr D. Bergant

Ms B. Sušnic

SPAIN

Ms M. Vilardell Coma

Mr P. Jiménez Nacher

Mr P. Desportes

SWEDEN

Mr P. Sjögren

Ms A. Lundkvist

Ms F. Tamas-Hermelin

SWITZERLAND

Mr M. Wey

Ms B. Schaer

“THE FORMER

YUGOSLAV REPUBLIC

OF MACEDONIA”

Mr V. Ristovski, Chairman

Ms D. Zafirovska

Ms E. Ilieva

Ms R. Safitli

Ms E. Bodeva

TURKEY

Mr D. Batibay, Vice-Chairman

Mr H. Ulusoy

Mr C. Kahyaoğlu

Mr B. Ulusoy

Mr U. Acar

Mr T. Oba

Mr E. Türesin

Mr Ü. Öktem

Ms B. Kabakçi

Mr T. Ok

Mr Y. Yeşilada

UKRAINE

Mr M. Tochytskyi

Ms N. Shakuro

Mr S. Shevchuk

Mr R. Osypenko

Mr D. Nebrat

UNITED KINGDOM

Ms E. Fuller

Ms A. Sharif

Ms P. Gordon

Mr C. Freestone

*

* *

EUROPEAN UNION

Ms L. Pavan-Woolfe

*

* *

CANADA

-

HOLY SEE

Mgr A. Giordano

Ms T. Esposito Celiento

JAPAN

Mr H. Karube

Mr Y. Iizawa

MEXICO

Ms L. Madero

UNITED STATES OF AMERICA

Mr V. Carver

Introduction

At the start of the meeting, the Chairman congratulated Mr Claus von BARNEKOW for his nomination as Ambassador and Permanent Representative of Denmark. He then bade farewell to Mr Per SJÖGREN, Permanent Representative of Sweden, and Mr Piotr ŚWITALSKI, Permanent Representative of Poland, and thanked them for their contribution to the work of the Committee.

Item 1.1

Adoption of the agenda

Decisions

The Deputies

1. agreed to add the following sub-item to the agenda of their 1089th meeting:

 

2.1bis

Current political questions

- Statement by the Representative of Armenia

2. taking into account the decision above, adopted the agenda of their 1089th meeting, as it appears at Appendix 1 to the present volume of Decisions.

Item 1.3

Dialogue with the Secretary General and the Deputy Secretary General – Staff matters

(SG/Com(2010)1089)

Decisions

The Deputies

1. took note of the Secretary General’s intention to appoint Mr Daniel Höltgen on the post of Director of Communication (Grade A6), in accordance with Article 25.5a of the Regulations on appointments (Appendix II to the Staff Regulations);

2. took note of the Secretary General’s intention to appoint Mr Costas Skouras on the post of Director of Information Technology (Grade A6), in accordance with Article 25.5a of the Regulations on appointments (Appendix II to the Staff Regulations);

3. took note of the Secretary General’s intention to confirm Ms Isil Gachet on the post of Director of the Office of the Human Rights Commissioner (Grade A6) and her re-appointment for a further three years in accordance with Article 25.5b of the Regulations on appointments (Appendix II to the Staff Regulations), with effect from 1 January 2011;

4. took note of the communication of the Secretary General and the Deputy Secretary General (SG/Com(2010)1089) and the exchange of views under this item.

Item 1.4

Report of the Bureau

(CM/Bur/Del(2010)18)

Decision

The Deputies took note of the report of the meeting of the Bureau of 28 June 2010 (document CM/Bur/Del(2010)18) and approved the recommendations contained therein.

Item 1.5

Priorities for 2011 and their budgetary implications –
Secretary General’s proposals

(CM/Del/Dec(2010)1075/1.5, CM/Del/Dec(2010)1077/11.7 app12, CM/Del/Dec(2010)1083/1.6, CM/Del/Dec(2010)1084/1.8, CM(2010)42 rev, GR-PBA(2010)CB4, GR-PBA(2010)CB5, GR-PBA(2010)CB5 corr,
GR-PBA(2010)CB5 add)

Decisions

The Deputies, having regard to their decisions of 21 April and 5 May 2010,

1. took note of the report of the Chair of the Rapporteur Group on Programme, Budget and Administration (GR-PBA) on the group’s examination of the budgetary implications of the priorities, as they appear in document CM(2010)42 rev;

2. welcomed the Secretary General’s intention to reduce the negative reserve and asked him to take action to this end already for 2011;

3. welcomed the Secretary General’s decision not to propose the use of the credit balance of previous years to finance expenditure in the Ordinary budget and agreed that that the credit balance 2009 would be credited to the member states;

4. agreed to come back to the Secretary General’s proposal concerning the contingency reserve and to examine the possible financial options;

5. agreed that the inflation adjustment would be applied to member states’ contributions and that the adjustment to be applied for the 2011 budget would be 0.2%;

6. agreed that the total of member states’ contributions to the Ordinary budget for 2011 would amount to €211 449 200, including the adjustment of remunerations which will be decided for 2011 and that any new savings required be identified from pillar IV (governing bodies, general services);

7. invited the Secretary General to prepare the draft programme and budget for 2011 on this basis.

Item 3.1a

Parliamentary Assembly –

3rd part of the 2010 Session (Strasbourg, 21-25 June 2010)

a. Communication by the Secretary General of the Parliamentary Assembly on the 3rd part of the 2010 Session and other Assembly activities

(SG-AS(2010)06)

Decision

The Deputies took note of the communication by the Secretary General of the Parliamentary Assembly on the 3rd part of the 2010 Session and other Assembly activities, as it appears in document SG-AS(2010)06.

Item 3.1b

Parliamentary Assembly –

3rd part of the 2010 Session (Strasbourg, 21-25 June 2010)

b. Communication by the Chairman of the Committee of Ministers and replies to parliamentary questions (21 June 2010)

(CM/AS(2010)5, CM/AS(2010)6 and AS(2010)CR20)

Decisions

The Deputies

1. took note of the report of Mr Antonio Miloshoski, Chairman of the Committee of Ministers, to the Parliamentary Assembly (document CM/AS(2010)5), and of his statement (document CM/AS(2010)6);

2. took note of the replies given to parliamentary questions by the Chairman of the Committee of Ministers (document AS(2010)CR20).

Item 4.1

“Social approach to the fight against racism at local and regional level” –
Recommendation 246 (2008) of the Congress of Local and Regional Authorities of the Council of Europe

(Congress REC_246 (2008) and CM/Cong(2010)Rec246 prov)

Decision

The Deputies adopted the reply to Recommendation 246 (2008) of the Congress of Local and Regional Authorities of the Council of Europe on the “Social approach to the fight against racism at local and regional level”, as it appears at Appendix 2 to the present volume of Decisions.3

Item 4.2a,b

European Social Charter

a. Collective complaint No. 47/2008 by Defence for Children International (DCI) against the Netherlands

b. Collective complaint No. 49/2008 by the International Centre for the Legal Protection of Human Rights (INTERIGHTS) against Greece

These sub-items were postponed.

Item 4.2c

European Social Charter

c. Collective complaint No. 51/2008 by the European Roma Rights Centre (ERRC) against France

(CM/Del/Dec(2010)1077/4.3f and Report from the European Committee of Social Rights to the Committee of Ministers)

Decision

In conformity with Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints, the Deputies in their composition restricted to the Representatives of the Contracting Parties to the European Social Charter or to the Revised European Social Charter in the Committee of Ministers4 adopted Resolution ChS(2010)5, as it appears at Appendix 3 to the present volume of Decisions.

Item 4.3

Steering Committee for Equality between Women and Men (CDEG) –

Draft Recommendation CM/Rec(2010)… of the Committee of Ministers to member states
on the role of women and men in conflict prevention and resolution and in peace building and its draft Explanatory Memorandum

(CM/Del/Dec(2008)1022/4.4, GR-H(2009)CB1, CM(2010)74 rev and CM(2010)74 addrev)

Decision

The Deputies adopted Recommendation CM/Rec(2010)10 of the Committee of Ministers to member states on the role of women and men in conflict prevention and resolution and in peace building, as it appears at Appendix 4 to the present volume of Decisions, and took note of its Explanatory Memorandum (document CM(2010)74 addrev).

Item 4.4

Framework Convention for the Protection of National Minorities –
Draft Resolution CM/ResCMN(2010)… on the implementation of the Framework Convention by Liechtenstein

(CM(2010)82)

Decision

The Deputies adopted Resolution CM/ResCMN(2010)9 on the implementation of the Framework Convention for the Protection of National Minorities by Liechtenstein, as it appears at Appendix 5 to the present volume of Decisions.

Item 6.1a

European Committee for Social Cohesion (CDCS)

a. Abridged report of the 23rd meeting (Strasbourg, 24-25 February 2010)

(CM(2010)39, CM(2010)39 corr and GR-SOC(2010)CB4)

Decisions

The Deputies

1. took note that the theme of the 2nd Council of Europe Conference of Ministers responsible for Social Cohesion to take place in Istanbul (Turkey) in September 2012, will be “Building a secure future for all”;

2. took note of the abridged report of the 23rd meeting of the European Committee for Social Cohesion (CDCS), as it appears in documents CM(2010)39 and CM(2010)39 corr, as a whole.

Item 6.1b,c

European Committee for Social Cohesion (CDCS)

b. Draft New Strategy for Social Cohesion

c. Draft Council of Europe Action Plan for Social Cohesion

These sub-items were postponed.

Item 6.2

European Health Committee (CDSP) –

Draft terms of reference of the Committee of Experts on the Implementation of Good Governance Principles in Health Systems (SP-IGG)

(CM(2010)72)

Decision

The Deputies approved the terms of reference of the Committee of Experts on the Implementation of Good Governance Principles in Health Systems (SP-IGG), as they appear at Appendix 6 to the present volume of Decisions.

Item 6.3

European Roma and Travellers’ Forum (ERTF) –

Report by the Internal Auditor of the Council of Europe on the implementation by the Forum of his recommendations

(CM(2010)65)

Decisions

The Deputies

1. took note of the report of the Council of Europe’s Internal Auditor on the implementation by the Forum of his recommendations, as it appears in document CM(2010)65;

2. took note that the second part of the Council of Europe’s 2010 financial contribution would be disbursed to the Forum.

Item 6.4

European Pharmacopoeia (EDQM) –

Consumer Health Protection Committee (Partial Agreement) (CD-P-SC) –

Abridged report of the 2nd meeting (Strasbourg, 29-30 April 2010)

(CM(2010)73)

Decision

The Deputies, in their composition restricted to representatives of the States Parties to the Convention on the Elaboration of a European Pharmacopoeia,5 took note of the abridged report of the 2nd meeting of the Consumer Health Protection Committee (Partial Agreement) (CD-P-SC), as it appears in document CM(2010)73.

Item 6.5

“Overindebtedness of households: the responsibility of regions” –

Recommendation 279 (2009) of the Congress of Local and Regional Authorities of the Council of Europe

(Congress REC_279 (2009) and CM/Cong(2010)Rec279 prov)

Decision

The Deputies adopted the reply to Recommendation 279 (2009) of the Congress of Local and Regional Authorities of the Council of Europe on the “Overindebtedness of households: the responsibility of regions”, as it appears at Appendix 7 to the present volume of Decisions.6

Item 10.1b

Committee of Legal Advisers on Public International Law (CAHDI)

b. Abridged report of the 39th meeting (Strasbourg, 18-19 March 2010)

(CM(2010)44)

Decision

The Deputies took note of the abridged report of the 39th meeting of the Committee of Legal Advisers on Public International Law (CAHDI), as it appears in document CM(2010)44.

Item 10.2

Ad hoc committee on preventing and combating violence against women and domestic violence (CAHVIO) –
Exchange of views with the two co-Chairs, Ms Dubravka Simonovic and Mr Eric Ruelle

Decision

The Deputies, underlining the importance of the draft instrument(s) under elaboration, welcomed the work already undertaken by the Ad hoc committee on preventing and combating violence against women and domestic violence (CAHVIO) and encouraged the Ad hoc committee to finalise its work by 31 December 2010, if necessary through an additional meeting.

Item 11.1

Meeting report of the Budget Committee –

May 2010 Session

(CM(2010)60)

Decision

The Deputies took note of the meeting report of the May 2010 Session of the Budget Committee, as it appears in document CM(2010)60.

Item 11.2

European Commission for Democracy through Law (Venice Commission) –

Revision of the 2010 budget of the Enlarged Agreement on the European Commission for Democracy through Law (Venice Commission)

(CM(2010)66)

Decision

The Deputies approved the 2010 revised budget of the Enlarged Agreement on the European Commission for Democracy through Law (Venice Commission) and, consequently, adopted Resolution CM/Res(2010)3, as it appears at Appendix 8 to the present volume of Decisions.

Item 11.3

Rules for the reimbursement of persons travelling at the charge of Council of Europe budgets

(CM(2010)68 and CM(2010)68 add)

Decision

The Deputies approved, with effect from 1 January 2011, the revised rules concerning the reimbursement of travel and subsistence expenses to persons travelling at the charge of Council of Europe budgets, as they appear at Appendices 9 to 17 to the present volume of Decisions.

Item 11.4

Pension Reserve Fund –

1st report for 2010 of the Management Board to the Committee of Ministers

(CM(2010)71)

Decision

The Deputies took note of the 1st report for 2010 of the Management Board of the Pension Reserve Fund to the Committee of Ministers, as it appears in document CM(2010)71.

Appendix 1

(Item 1.1)

1089 Meeting of the Ministers' Deputies
(Strasbourg, 30 (10 a.m.) June 2010)

Agenda

1. General questions

1.1 Adoption of the agenda

      (CM/Del/OJ(2010)1089)

1.2 Preparation of forthcoming meetings

1.3 Dialogue with the Secretary General and the Deputy Secretary General – Staff matters

(SG/Com(2010)1089)

1.4 Report of the Bureau

      (CM/Bur/Del(2010)18)

1.5 Priorities for 2011 and their budgetary implications – Secretary General’s proposals
(Item prepared by the GR-PBA on 12 and 20.5.2010, 17 and 29.6.2010)

      (CM/Del/Dec(2010)1075/1.5, CM/Del/Dec(2010)1077/11.7 app12, CM/Del/Dec(2010)1083/1.6, CM/Del/Dec(2010)1084/1.8, CM(2010)42 rev, GR-PBA(2010)CB4, GR-PBA(2010)CB5 original,
      GR-PBA(2010)CB5 corr and GR-PBA(2010)CB5 add)
      (CM/Notes/1089/1.5 of 29.6.2010)

2. Democracy and political questions

2.1 The Council of Europe and the conflict in Georgia

        (CM(2008)150 rev, CM(2008)162, SG/Inf(2008)19, DD(2008)631, SG/Inf(2009)5, SG/Inf(2009)7, CM(2009)PV prov, CM(2009)PV add1, CM(2009)PV add2, SG/Inf(2009)10, SG/Inf(2009)5 add, SG/Inf(2009)9, CM/AS(2009)Quest572, DD(2009)447, SG/Inf(2009)15 final, SG/Inf(2009)5 add2, Parliamentary Assembly REC_1846 (2008) and CM/AS(2009)Rec1846 final, Parliamentary Assembly REC_1857 (2009) and CM/AS(2009)Rec1857 final, CM(2009)164, Parliamentary Assembly,
        REC_1869 (2009) and CM/AS(2010)Rec1869 final, DD(2010)71, DD(2010)95, SG/Inf(2010)7, SG/Inf(2010)8, DD(2010)238 and DD(2010)342)
        (CM/Notes/1089/2.1 of 21.6.2010)

2.1bis Current political questions
- Statement by the Representative of Armenia

2.2 Situation in Cyprus

3. Parliamentary Assembly

3.1 3rd part of the 2010 Session (Strasbourg, 21-25 June 2010)

a. Communication by the Secretary General of the Parliamentary Assembly on the 3rd part of the 2010 Session and other Assembly activities

b. Communication by the Chairman of the Committee of Ministers and replies to parliamentary questions (21 June 2010)

      (CM/AS(2010)5, CM/AS(2010)6, SG-AS(2010)6 and AS(2010)CR20)
      (CM/Notes/1089/3.1 of 22.6.2010)

4. Human rights

4.1 “Social approach to the fight against racism at local and regional level” –
Recommendation 246 (2008) of the Congress of Local and Regional Authorities of the Council of Europe
(Item prepared by the GR-H on 15.6.2010)

        (REC_246 (2008) of the Congress and CM/Cong(2010)Rec246 prov)
        (CM/Notes/1089/4.1 of 16.6.2010)

4.2 European Social Charter

a. Collective Complaint No. 47/2008 by Defence for Children International (DCI) against the Netherlands

b. Collective Complaint No. 49/2008 by the International Centre for the Legal Protection of Human Rights (INTERIGHTS) against Greece

      (Report from the European Committee of Social Rights to the Committee of Ministers)
      (CM/Notes/1089/4.2b of 18.6.2010)

(Sub-items a and b postponed)

c. Collective Complaint No. 51/2008 by the European Roma Rights Centre (ERRC) against France

      (Report from the European Committee of Social Rights to the Committee of Ministers and CM/Del/Dec(2010)1077/4.3f)
      (CM/Notes/1089/4.2c of 18.6.2010)

4.3 Steering Committee for Equality between Women and Men (CDEG) –
Draft Recommendation CM/Rec(2010)… of the Committee of Ministers to member states on the role of women and men in conflict prevention and resolution, and in peace building and its draft

Explanatory Memorandum
(Item prepared by the GR-H on 15.6.2010)

        (CM/Del/Dec(2008)1022/4.4, GR-H(2009)CB1, CM(2010)74 rev and CM(2010)74 addrev)
        (CM/Notes/1089/4.3 of 18.6.2010)

4.4 Framework Convention for the Protection of National Minorities –
Draft Resolution CM/ResCMN(2010)… on the implementation of the Framework Convention by Liechtenstein
(Item prepared by the GR-H on 15.6.2010)

        (CM(2010)82)
        (CM/Notes/1089/4.4 of 18.6.2010)

6. Social cohesion

6.1 European Committee for Social Cohesion (CDCS)

a. Abridged report of the 23rd meeting (Strasbourg, 24-25 February 2010)

b. Draft New Strategy for Social Cohesion

c. Draft Council of Europe Action Plan for Social Cohesion

(Item prepared by the GR-SOC on 15.6.2010)

(Sub-items b and c postponed)

(CM(2010)39, CM(2010)39 corr (bilingual) and GR-SOC(2010)CB4)
(CM/Notes/1089/6.1a of 18.6.2010)

6.2 European Health Committee (CDSP) –
Draft terms of reference of the Committee of Experts on the Implementation of Good Governance Principles in Health Systems (SP-IGG)
(Item prepared by the GR-SOC on 15.6.2010)

        (CM(2010)72)
        (CM/Notes/1089/6.2 of 16.6.2010)

6.3 European Roma and Travellers’ Forum (ERTF) –
Report by the Internal Auditor of the Council of Europe on the implementation by the Forum of his recommendations
(Item prepared by the GR-SOC on 15.6.2010)

        (CM(2010)65)
        (CM/Notes/1089/6.3 of 16.6.2010)

6.4 European Pharmacopoeia (EDQM) –
Consumer Health Protection Committee (Partial Agreement) (CD-P-SC) –
Abridged report of the 2nd meeting (Strasbourg, 29-30 April 2010)
(Item prepared by the GR-SOC on 15.6.2010)

        (CM(2010)73)
        (CM/Notes/1089/6.4 of 16.6.2010)

6.5 “Overindebtedness of households: the responsibility of regions” –
Recommendation 279 (2009) of the Congress of Local and Regional Authorities of the Council of Europe
(Item prepared by the GR-SOC on 15.6.2010)

        (REC_279 (2009) of the Congress and CM/Cong(2010)279 prov)
        (CM/Notes/1089/6.5 of 16.6.2010)

10. Legal questions

10.1 Committee of Legal Advisers on Public International Law (CAHDI)

a. Exchange of views with the Chairman of the CAHDI

    b. Abridged report of the 39th meeting (Strasbourg, 18-19 March 2010)

    (Item prepared by the GR-J on 20.5.2010)

      (CM(2010)44)
      (CM/Notes/1089/10.1 of 25.5.2010)

10.2 Ad hoc committee on preventing and combating violence against women and domestic violence (CAHVIO) – Exchange of views with the two co-Chairs, Ms Dubravka Simonovic and Mr Eric Ruelle

      (CM/Notes/1089/10.2 of 24.6.2010)

11. Administration and logistics

11.1 Meeting report of the Budget Committee – May 2010 Session
(Item prepared by the GR-PBA on 17.6.2010)

      (CM(2010)60)
      CM/Notes/1089/11.1 of 18.6.2010)

11.2 European Commission for Democracy through Law (Venice Commission) –
Revision of the 2010 budget of the Enlarged Agreement on the European Commission for Democracy through Law (Venice Commission)
(Item prepared by the GR-PBA on 17.6.2010)

        (CM(2010)66)
        (CM/Notes/1089/11.2 of 18.6.2010)

11.3 Rules for the reimbursement of persons travelling at the charge of Council of Europe budgets
(Item prepared by the GR-PBA on 17.6.2010)

        (CM(2010)68 and CM(2010)68 add)
        (CM/Notes/1089/11.3 rev of 28.6.2010)

11.4 Pension Reserve Fund –
1st report for 2010 of the Management Board to the Committee of Ministers
(Item prepared by the GR-PBA on 17.6.2010)

        (CM(2010)71)
        (CM/Notes/1089/11.4 of 18.6.2010)

12. Congress of Local and Regional Authorities of the Council of Europe

12.1 Communication by the Secretary General of the Congress of Local and Regional Authorities of the Council of Europe

13. Any other business

Appendix 2

(Item 4.1)

Reply to Recommendation 246 (2008)
of the Congress of Local and Regional Authorities of the Council of Europe

on the “Social approach to the fight against racism at local and regional level”

(Adopted by the Committee of Ministers on 30 June 2010
at the 1089th meeting of the Ministers’ Deputies)

1. The Committee of Ministers has taken note of Recommendation 246 (2008) of the Congress of Local and Regional Authorities of the Council of Europe on the “Social approach to the fight against racism at local and regional level”. It welcomes the concern of the Congress for the fight against racism, intolerance and discrimination and its determination to help make this struggle more effective. Fighting these evils is one of the priorities of the Council of Europe.

2. The Committee of Ministers shares the Congress’s opinion that racism often makes itself felt at the level of towns and regions and that local authorities have a central role to perform in preventing and combating such phenomena. The Committee of Ministers is aware that, to this end, the matter warrants specific action by the Council of Europe. In this context, it refers to the activities of the European Commission against Racism and Intolerance (ECRI), the Advisory Committee of the Framework Convention for the Protection of National Minorities and the Council of Europe Commissioner for Human Rights.

3. The Committee of Ministers consistently encourages governments in the full implementation of effective legislation against discrimination and in strengthening the machinery for combating racism; this includes making available to all institutions concerned adequate resources to wage this struggle effectively and to develop comprehensive strategies, including at local and regional level.

4. The Committee of Ministers, deeming it expedient to promote awareness of diversity, human rights and mutual respect, as well as the condemnation of all expressions of racial hatred and interethnic hostility, and to help enhance tolerance and intercultural dialogue at all levels – national, regional and local – strongly supported the member states during the campaign “All Different – All Equal” initiated by the Council of Europe. The campaign was implemented by a broad spectrum of players: governmental and local authorities, the National Campaign Committees, several NGOs, and networks and associations in Council of Europe member states.

5. Regarding the question of hate speech in particular, the Committee of Ministers recalls the principles laid down and the measures specified in its Recommendation (97) 20 on hate speech, which retain their entire validity.

6. Lastly, the Committee of Ministers stresses that the Convention on the Participation of Foreigners in Public Life at Local Level (ETS No. 144) is conceived in such a way that states can progressively accept the various chapters of the convention according to each state’s domestic development.

Appendix to the reply

Comments by the Advisory Committee of the Framework Convention for the Protection of National Minorities

1. The Advisory Committee of the Framework Convention for the Protection of National Minorities notes with interest Recommendation 246 (2008) of the Congress of Local and Regional Authorities of the Council of Europe on the “Social approach to the fight against racism at local and regional level”, adopted at the 15th Plenary Session (Strasbourg, 27-29 May 2008). It welcomes the concern shown by the Congress for the fight against racism, intolerance and discrimination and its determination to contribute to more effective action in this area.

2. Like the Congress, the Advisory Committee is aware that it is often towns and regions that have to deal with racism and that local authorities have a central role to play in preventing and combating such attitudes. The Advisory Committee welcomes the Congress’s call on the Committee of Ministers to encourage member states, by specific means, to become more involved in the fight against racism.

3. The Advisory Committee, in its own recommendations to the States Parties to the Framework Convention for the Protection of National Minorities, systematically encourages governments to ensure, as required by Article 4 of the Framework Convention, full implementation of effective legislation against discrimination and the strengthening of mechanisms to combat racism, including by providing all the institutions concerned with sufficient resources to conduct this fight in an effective manner.

4. The Advisory Committee recognises the key role played by local and regional authorities in combating racism, discrimination and inequality. Hence its decision, since the second cycle of monitoring the Framework Convention, to systematically include in its programme of visits to States Parties, visits to regions and municipalities populated by national minorities and to have a dialogue with the local authorities concerned. This dialogue focuses, inter alia, on the efforts made by these authorities to ensure equal and effective participation by persons belonging to minorities in local cultural, social and economic life, and in local public affairs, and also on the measures taken to protect such persons against any discrimination.

5. In keeping with Article 6 of the Framework Convention, raising awareness about diversity, human rights and mutual respect and condemning any expression of racial hatred and interethnic hostility are among the main measures likely to contribute to greater tolerance and intercultural dialogue. When considering the implementation of the Framework Convention by each of its Contracting States, the Advisory Committee assesses the scale and effectiveness of the measures taken by states in this area, including at local and regional level, and encourages them to redouble their efforts to improve the impact of these measures.

6. The effective participation of persons belonging to national minorities in public affairs, including at local and regional levels, is one of the undertakings given by Contracting States under Article 15 of the Framework Convention. It is a major topic of discussion for the Advisory Committee, as the participation of such persons in the adoption of decisions concerning them is a prerequisite for the full exercise of all the rights guaranteed to them by the Framework Convention.

7. It is important to note here that the Advisory Committee devoted its second thematic commentary, adopted on 27 February 20087 at its 31st plenary meeting, to the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs. In its commentary, the Advisory Committee states, inter alia, that “whatever the mechanisms chosen, persons belonging to national minorities should be given real opportunities to influence decision-making, the outcome of which should adequately reflect their needs” (paragraph 71 of the commentary). The States Parties are further encouraged to strengthen the participation of persons belonging to national minorities, including those in a disadvantaged position, in local elected bodies and to “provide non-citizens belonging to national minorities with a possibility to vote and to stand as candidates in local elections and governing boards of cultural autonomies” (paragraph 101 of the commentary).

Appendix 3

(Item 4.2c)

Resolution CM/ResChS(2010)5

Collective complaint No. 51/2008

by the European Roma Rights Centre (ERRC) against France

(Adopted by the Committee of Ministers on 30 June 2010

at the 1089th meeting of the Ministers’ Deputies)

The Committee of Ministers,8

Having regard to Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints;

Taking into consideration the complaint lodged on 23 October 2007 by the European Roma Rights Centre (ERRC) against France;

Having regard to the report transmitted by the European Committee of Social Rights, in which it concluded:

(i) unanimously, that there is a violation of Article 31§1 of the Revised Charter;

a) on the ground of the failure to create a sufficient number of stopping places;

The Committee notes that legislation on stopping places for Travellers was adopted in 2000 (the Reception and Accommodation of Travellers Act, No. 2000-614 of 5 July 2000, called “Loi Besson”). This legislation requires municipalities with over 5 000 residents to prepare a plan for the setting up of permanent camp sites for Travellers. The Committee notes, however, that so far, the act has only been implemented in a minority of the municipalities concerned. The Committee observes that the failure to implement the aforementioned legislation adequately compels Travellers to make use of illegal sites, exposing them to the risk of forcible eviction under the 2003 Internal Security Act.

The Committee notes in this regard that, according to the memorandum produced by the Council of Europe Commissioner for Human Rights following his visit to France in 2008, there is a shortage of available spaces.

The Committee observes that, despite the efforts of central and local authorities in this area and the positive results that have been achieved at times, there appears to have been a long period during which local authorities and the state have failed to take sufficient account of the specific needs of Travellers.

b) on the ground of the poor living conditions and operational failures at these sites;

The Committee notes that, in theory, the measures taken by the responding government to implement the “Loi Besson” satisfy the requirements of Article 31§1. Decree No. 2001-569 of 29 June 2001 on the technical standards applicable to stopping places for Travellers stipulates the number of sanitary blocks to be provided at sites and also requires them to provide access to drinking water and electricity, together with a management and security system. This decree is supplemented by circulars of 3 August 2006 and 5 July 2001.

The Committee notes, nonetheless, that not all the stopping places meet the required sanitary norms. In his memorandum, the Council of Europe Commissioner for Human Rights observes that in some cases, sites are created outside urban areas or near to facilities which are major sources of nuisance (such as electrical transformers or very busy roads), making them difficult – if not dangerous – to use, particularly for families with young children. The Committee therefore considers that some stopping places effectively fall short of the statutory requirements regarding sanitation and access to water and electricity as set out in the legislation.

c) on the ground of lack of access to housing for settled Travellers;

The Committee notes that, according to French legislation, caravans are not considered to be housing because they do not require a building permit. Moreover, the fact of living in a caravan which is still mobile does not secure eligibility for housing allowances. Finally, the purchase of caravans does not qualify for a housing loan. It appears from the research conducted by the “Fondation Abbé Pierre” that numerous Traveller families have been prevented from buying because they cannot obtain mortgages and, when they do buy, tend to purchase land in non-building areas, owing to the shortage of family plots.

The Committee notes that although some départements have established subsidies to create family home building sites, tangibly their provision remains negligible compared to the demand. The Committee notes that the government declares that the defensible right to housing applies to Travellers wishing to purchase an ordinary dwelling. However, this possibility does not take into account the caravan lifestyle of settled Travellers. Despite the efforts of the state and local authorities and the positive results sometimes achieved, there is a lack of resources mobilised and of accommodation of settled Travellers’ specific needs by the local authorities, as well as by the state.

(ii) unanimously, that there is a violation of Article 31§2 of the Revised Charter on the ground of the eviction procedure and other penalties;

The Committee notes that “illegal occupation of a site or dwelling may justify the eviction of the illegal occupants. However the criteria of illegal occupation must not be unduly wide, the eviction should take place in accordance with the applicable rules of procedure and these should be sufficiently protective of the rights of the persons concerned” (ERRC against Bulgaria, Complaint No. 31/2005, decision on the merits of 18 October 2006, §51).

It further notes that “States Parties must make sure that evictions are justified and are carried out in conditions that respect the dignity of the persons concerned, and that alternative accommodation is available” (FEANTSA against France, Complaint No. 39/2006, decision on the merits of 5 December 2007, §163). “The law must also establish eviction procedures, specifying when they may not be carried out (for example, at night or during winter), provide legal remedies and offer legal aid to those who need it to seek redress from the courts. Compensation for illegal evictions must also be provided” (ERRC against Italy, Complaint No. 27/2004, decision on the merits of 7 December 2005, §41).

The Council of Europe Commissioner for Human Rights observed in his memorandum that evictions are a particularly problematic issue, plunging families into a climate of fear. “Such expulsions often involve brutal methods, tear gas and the destruction of personal property”. Following some evictions, the National Commission for Police Ethics (CNDS) has found that unjustified and disproportionate acts of violence were committed.

The Committee finds that Travellers have been victims of unjustified violence during these expulsions.

(iii) by 12 votes to 2, that there is a violation of Article E taken in conjunction with Article 31 of the Revised Charter;

Article E complements the substantive clauses of the Revised Charter. It has no independent existence as it applies only to “the enjoyment of the rights” safeguarded by these clauses. Although the application of Article E does not necessarily presuppose a breach of these clauses – and to this extent it has an autonomous meaning – there can be no room for its application unless the facts at issue fall within the ambit of one or more of the latter (CFDT against France, Complaint No. 50/2008, decision on the merits of 9 September 2009, §37).

The Committee considers that the situation described does fall within the scope of Article 31, namely the lack of stopping places, the poor living conditions on these sites, eviction procedures and the fact that caravans are not explicitly recognised as forms of housing which entitle their occupants to housing benefits.

Article E prohibits two categories of discrimination. The first is where persons or groups of people in an identical situation are treated differently. The second is where persons or groups of people in different situations are treated identically (Autism-Europe against France, Complaint No. 13/2002, decision on the merits of 4 November 2003, §52).

Under the first category, a difference of treatment between persons or groups being in the same situation is discriminatory if it “has no objective and reasonable justification”, that is, if it does not pursue a “legitimate aim” or if there is not a “reasonable relationship of proportionality between the means employed and the aim sought to be realised” (CFDT against France, Complaint No. 50/2008, decision on the merits of 9 September 2009, §38; see also ERRC against Bulgaria, Complaint No. 31/2005, decision on the merits of 18 October 2006, §40). The States Parties enjoy a certain “margin of appreciation” in assessing whether and to what extent differences in otherwise similar situations justify a different treatment in law (see mutatis mutandis European Court of Human Rights, Rasmussen judgment of 28 November 1984, Series A No. 87, p. 12, §40), but it is ultimately for the Committee to decide whether the difference lies within this margin.

Under the second category, the Committee considers that, in a democratic society, human difference should not only be viewed positively but should be responded to with discernment in order to ensure real and effective equality. In this regard, Article E also prohibits all forms of discrimination. Such discrimination may arise by failing to take due and positive account of all relevant differences or by failing to take adequate steps to ensure that the rights and collective advantages that are open to all are genuinely accessible by and to all (Autism-Europe against France, Complaint No. 13/2002, decision on the merits of 4 November 2003,
§52).

The Committee considers that in the case of Travellers, merely guaranteeing identical treatment as a means of protection against any discrimination is not sufficient. In the instant case, there is no doubt that Travellers are in a different situation, and that the difference in their situation must be taken into account. It considers that Article E imposes an obligation to take due account of the relevant differences and to act accordingly. The Committee concludes from the foregoing that the specific differences of Travellers are not sufficiently taken into account and that, as a result, they are discriminated against when it comes to implementing the right to housing.

(iv) unanimously, that there is a violation of Article 16 and of Article E in conjunction with Article 16 of the Revised Charter;

The Committee considers that the population concerned by this collective complaint unquestionably includes families. In view of the scope it has constantly attributed to Article 16 as regards housing of the family, the findings of a violation of Article 31 or Article E in conjunction with Article 31, amount to a finding that there has also been a breach of Article 16, and of Article E in conjunction with Article 16 (Conclusions 2006, Statement of Interpretation on Article 16, p. 13 and Conclusions XVIII-1, Article 16, Czech Republic, p. 243-244).

(v) unanimously, that there is a violation of Article 30 of the Revised Charter;

The Committee considers that living in a situation of social exclusion violates the dignity of human beings. With a view to ensuring the effective exercise of the right to protection against social exclusion, Article 30 requires States Parties to adopt an overall and co-ordinated approach, which should consist of an analytical framework, a set of priorities and measures to prevent and remove obstacles to access to fundamental rights. There should also be monitoring mechanisms involving all relevant actors, including civil society and persons affected by exclusion. This approach must link and integrate policies in a consistent way (Conclusions 2003, Article 30, France, p. 214).

Adequate resources are one of the main elements of the overall strategy to fight social exclusion, and should consequently be allocated to attain the objectives of the strategy (Conclusions 2005, Slovenia, p. 674).

Finally, the measures should be adequate in their quality and quantity to the nature and extent of social exclusion in the country concerned (Conclusions 2003, Article 30, France, p. 214-215).

The Committee considers that it is clear from its conclusions under Article 31 that the housing policy for Travellers is inadequate. It accordingly finds that France has failed to adopt a co-ordinated approach to promoting effective access to housing for persons who live or risk living in a situation of social exclusion.

(vi) by 11 votes to 3, that there is a violation of Article E taken in conjunction with Article 30 of the Revised Charter;

The Committee notes that the measures taken to adopt an overall and co-ordinated approach to combating social exclusion must promote and remove obstacles to access fundamental social rights, in particular employment, housing, training, education, culture and social and medical assistance. It should be noted that this is not an exhaustive list of the areas in which it is necessary to take initiatives in order to address the multidimensional phenomena of exclusion (Conclusions 2003, Article 30, France, p. 214). The Committee considers that the reference to the social rights enshrined in Article 30 should not be understood too narrowly. In fact, the fight against social exclusion is one area where the notion of the indivisibility of fundamental rights takes a special importance. In this regard, the right to vote, as with other rights relating to civic and citizen participation, constitutes a necessary dimension in social integration and inclusion and is thus covered by Article 30.

The Committee notes that Act No. 69-3 of 3 January 1969, relating to the exercise of itinerant trades and the regime applicable to persons travelling around France without a fixed domicile or residence, requires Travellers moving around France to be administratively attached to a municipality. The municipality of attachment is chosen for a period of at least two years. The persons concerned may only be added to the electoral roll after three years of uninterrupted attachment to the same municipality. At the same time, according to Article L 15-1 of the electoral code, citizens who cannot furnish proof of an abode or a residence, and who have not been assigned a home municipality by law, shall be included, at their own request, in the electoral roll of the municipality where the welfare provider with whom they have been enrolled for at least 6 months is located.

With regard to the three year period, the Committee notes that the rules that apply to citizens who are identified in terms of their association with the Traveller community are different from those applied to homeless citizens. The difference in treatment between Travellers and homeless people with regard to their right to vote has no objective and reasonable justification and therefore constitutes discrimination in breach of Article E read in conjunction with Article 30. In this connection, the Committee notes that, in the absence of any positive reaction to its recommendations on the situation and status of Travellers, the Equal Opportunities and Anti-Discrimination Commission (HALDE) subsequently adopted a special report, published in the official gazette of the French Republic, in which it held that Section 10 of Act No. 69-3 discriminated against Travellers with regard to their right to vote and recommended that this section should be amended.

As to the quota limit, the Committee notes that under Section 8 of Act No. 69-3, the number of holders of circulation documents without a fixed domicile or residence, attached to a given municipality, must not be greater than 3% of the municipal population. When the 3% quota is reached, Travellers cannot attach themselves to a municipality and do not therefore have the right to vote.

The Committee considers that limiting the number of persons with the right to vote to 3% has the effect of excluding some potential voters. In practice this restriction affects Travellers. The Committee considers that setting this limit at such a low level leads to discriminatory treatment with regards to access to the right to vote for Travellers and, thus, is a possible cause of marginalisation and social exclusion.

(vii) unanimously, that there is a violation of Article 19§4c of the Revised Charter;

In its submissions, the government states that many of the Roma in France are illegal immigrants. The Committee notes that some are indeed in this situation and therefore they do not fall prima facie within the scope of Article 19§4c. However, it is also undisputed that this population includes Roma migrant workers from other States Parties who are in a legal situation and therefore enjoy the rights set out in Article 19§4c.

The Committee has already ruled on the housing rights situation of Travellers in this decision under Article 31. Its findings in this regard also apply to Roma migrants residing legally in France. It consequently considers that the findings of a violation of Article 31 amount to a finding that there has also been a breach of Article 19§4c (ERRC against Italy, Complaint No. 27/2004, decision on the merits of 7 December 2005, §35 and §41).

Having regard to the information communicated by the French delegation during the 1077th meeting of the Ministers’ Deputies;

1. takes note of the statement made by the respondent government indicating that France will maintain its efforts in the field at issue and undertakes to bring the situation into conformity with the Revised Charter (cf. Appendix to the present resolution);

2. looks forward to France reporting, on the occasion of the submission of the next report concerning the relevant provisions of the Revised European Social Charter, that the measures announced have been implemented, and keeping the Committee of Ministers regularly informed of all progress made.

Appendix to Resolution CM/ResChS(2010)5

French reply to the conclusions of the European Committee of Social Rights (ECSR) provided by the Representative of France during the 1077th meeting of the Ministers’ Deputies (24 February 2010)

The government notes firstly that, as the European Committee of Social Rights (ECSR) states in paragraph 27 of its report, the complaint submitted by the European Roma Rights Centre (ERRC) “[was] not clearly structured and that the ERRC cite[d] a series of facts without providing specific and sufficient justification for the allegations made”. The government is therefore aware that the ECSR made considerable efforts to classify the complaints, but regrets that in doing so it failed to draw a clear distinction between rights falling properly within the scope of the charter and others, such as the right to vote, which are of a political or civil nature and thus fall outside the ECSR’s remit. Supervision of the application of charter obligations will be much more effective if it continues to function within a clear and consistent framework, in terms of subject areas.

The government also regrets that the somewhat succinct nature of some of the ECSR’s arguments meant that it was not always possible to identify the content of the rights associated with each article of the charter. In particular, the ECSR found that the violation of Article 31 necessarily entailed violations of Articles 16 and 30, without really supporting its contentions on this subject.

Finally, the government is very surprised by the ECSR’s treatment of certain factual aspects. For example, in connection with the appeals with suspensive effect to which illegal occupants of land are entitled, the ECSR merely states that “the government argues that [...] any appeal lodged against the decision has a suspensive effect”, whereas in fact this suspensive effect is laid down in legislation (cf. section 9 II bis of Act 2000-614 of 5 July 2000). It is also regrettable that the ECSR infers from the fact that the government has not explicitly refuted the very general claims made by the ERRC concerning the police evictions that these evictions, and not just some but all, were carried out in a way that failed to respect the dignity of those concerned. In practice the government always takes steps to ensure that the rights of the individuals concerned are respected when such evictions take place.

Otherwise, in connection with the violations identified by the ECSR the government is aware of the progress that still has to be made if it is to comply with the relevant obligations under the charter. These reports will certainly be taken into account in this process. In this context, a distinction needs to be drawn between Travellers who continue to follow an itinerant lifestyle (I) and those who have opted, partially or fully, to settle in one place (II), even though both groups receive close social support (III).

I. Travellers with an itinerant lifestyle

The government notes that the ECSR “notes that in theory, the measures taken by the responding government to implement the “Loi Besson” satisfy the requirements of Article 31§1”, but it also refers, above all, to “a long period during which local authorities and the state have failed to take sufficient account of the specific needs of Travellers”.

It needs to be emphasised here that the state is now fully active in this area, as part of a government policy that is having tangible results. Bearing in mind the ECSR’s comments on the failure to apply the legislation of 5 July 2000 satisfactorily, it is therefore necessary to report significant progress.

As the following table shows, over the last ten years there has been a steady improvement, quantitatively and qualitatively, in the provision of Travellers’ accommodation and housing under the 5 July 2000 legislation.

Financing of sites

2000-2001

2002

2003

2004

2005

2006

2007

New sites

not known

835 places

1 851 places

2 528 places

3 528 places

3 038 places

5 518 places

Rehabilitated existing sites (brought up to standard)

not known

497 places

611 places

260 places

229 places

376 places

526 places

Total number of places in sites

1 500 places

1 332 places

2 462 places

2 788 places

3 757 places

3 414 places

6 044 places

Large-scale transit areas

10 areas

4 areas

13 areas

12 areas

20 areas

9 areas

16 areas

Small-scale transit areas

71 places

18 places

49 places

254 places

151 places

153 places

48 places

Family plots

 

 

 

17 places

92 places

89 places

76 places

Total committed funding

€6 m

€14.6 m

€23 m

€26.8 m

€42 m

€42.46 m

€64 m

Financing of sites

2008

Total 2000-2008

New sites

4 210 places

21 508 places

Rehabilitated existing sites

(brought up to standard)

100 places

2 599 places

Total number of places in sites

4 310 places

24 107 places

Large-scale transit areas

21 areas

105 areas

Small-scale transit areas

33 places

777 places

Family plots

83 places

357 places

Total committed funding

€44.4 m

€263.3 m

Between 2000 and the end of 2008, therefore, the number of places in sites increased by 24 884 and the number of large-scale transit areas by 105. Over the same period the state made available €263.3 m for the provision of sites and family plots, including €44 m in 2008. Moreover a significant number of sites that could not be financed in 2008 were so in 2009, as the Finance Act authorised an additional €30 m of expenditure. The situation will be reviewed in the first quarter of 2010.

It should also be pointed out that, concerning the quality of the areas at offer, the policy regarding Travellers under the Act of 5 July 2000 is to offer state financial assistance to projects for developing sites that comply with certain technical standards that offer the families concerned dignified conditions in terms of sanitation, access to networks and properly laid out areas. Each site must also have proper management and oversight arrangements to ensure that it is run properly. Much attention was paid to this subject on National Travellers’ Day on 22 October 2009, where different management arrangements were considered. Finally, section 5 of the Act of 5 July 2000 provides for assistance with the management of sites, the details of which are set out in Article L851-1 of the social security code. In 2008, 14 682 places benefited from management assistance amounting to a total of €22.83 m. These appropriations formed part of programme 177 “preventing exclusion and reintegrating vulnerable persons”.

Certain local authorities may offer temporary sites. However, these sites must be approved by the prefect and satisfy a number of conditions relating to accessibility, hygiene, safety, water and electricity supplies and regular waste collection services (decree 2007-690 of 3 May 2007). In practice, the only sites that fail to meet the required conditions of cleanliness are unofficial ones.

Finally, while there is still an uneven distribution of sites by département, the review of the département plans for the reception and accommodation of Travellers must take account of the existing policy. Under the Act of 5 July 2000, the plans must be reviewed in 2009 and 2010. This is an important procedure because it calls first for an assessment of existing provision, including the operating and management arrangements, occupancy levels and the maintenance of facilities and equipment, and a review of what has been achieved, in order to update each département’s requirements. A circular to département and regional prefects, to be co-signed by the interior and housing and urban planning ministers, is currently being drawn up to remind them of the background to and issues surrounding the revision of département plans for the reception of Travellers.

II. Travellers who have opted to settle, completely or partially

The analyses of needs carried in connection with the département plans show that many families of Traveller origin have decided to settle in one place, which creates a need for appropriate policies over and above the establishment of new stopping sites.

To meet the needs of Travellers who would like some form of geographical base without giving up travelling for part of the year, the circular of 17 December 2003 on family plots authorises the state to jointly finance rented family plots provided by local authorities. By the end of 2008, a total 357 such places had been financed in a number of départements, including Nièvre, Aube, Doubs, Corrèze, Mayenne, Seine and Marne, Vienne, Charente Maritime, Savoie, Haute Savoie and Isère.

Increasing attention is being paid to this sort of need. Local authority initiatives, coupled with central government investment and the active involvement of voluntary associations and the families themselves, are helping to secure outcomes that meet the expectations of settled families. To illustrate the variety of approaches adopted, the government wishes to advise the Ministers’ Deputies of a number of recent developments:

- Rented family plots (single room plus sanitary facilities, with a caravan space):

25 plots in Dax in Landes, 8 in Orthez in Pyrénées-Atlantiques, 12 in Mions in Rhône, 6 in Pignan in Hérault, 2 in Surgères in Charente-Maritime, 1 in Vouneuil in Vienne, 1 in Mamirolle in Doubs, 1 in Jans in
Loire-Atlantique, 7 in la Ravoire in Savoie, 3 in Lanester in Morbihan, 2 in Arnage in Sarthe.

- Individual houses for rent, with or without accompanying caravan:

37 houses in Kingersheim in Haut-Rhin, 6 in Breuillet in Essonne, 47 in Arles in Bouches-du-Rhône, 57 in Rosny sous Bois in Seine-Saint-Denis, 2 in Chambéry in Savoie, 5 in Offranville in Seine-Maritime.

- Accession to ownership:

One self-built family house in Kaltenhouse in Bas-Rhin, 6 houses in Thenay in Indre.

Many other developments are under way in other départements. A guide to specially designed accommodation for Travellers (also in the form of a CD-Rom, which the government is ready to supply to the Ministers’ Deputies) was prepared in 2009 to illustrate this process. It has been widely circulated and describes what has already been achieved and is intended to support local initiatives and help project designers and other local participants to develop proposals best suited to the local context and the needs of families, by involving them in the process. It is particularly aimed at local authorities and groupings of authorities, professional practices, management bodies and associations working with Travellers.

The government considers that enabling Travellers to settle and offering them suitable accommodation is both a priority and a major challenge for the coming years and has thus taken account of the needs of this group when making funding available and supporting local authorities.

Finally, although the government regrets that the content of this complaint makes it necessary to equate Travellers and Roma, even though they have quite different characteristics and needs, it is nevertheless the case that Roma families who are lawfully present in the country are just as eligible for housing, including social housing, as any other family. In particular, Roma who are in the country legally are entitled to apply to the “right to housing” mediation committee set up in each département under the Act of 5 March 2007. These committees identify priority applicants to whom housing must be allocated by the representative of the state in the département concerned. Finally, a number of special social housing projects for this group of the population have already been established in Seine-Saint-Denis and Nantes, and others are planned, particularly in Lille, to take account of their very difficult social circumstances.

So, despite the progress that still needs to be made in a complex area where the state necessarily has to act gradually, the government wishes to emphasise that Travellers’ special lifestyles are now taken into account, and this includes the way their accommodation needs are dealt with. The government is committed to the principle of non-discrimination and strives to take account both of the distinctively itinerant lifestyle of this group and of the trend towards a more traditional form of housing for those who have settled, or again of the need for a form of accommodation that combines “bricks and mortar” and caravan dwelling.

III. Social support

Turning finally to the more general social support offered to Travellers, the government is attempting to introduce a more comprehensive and co-ordinated approach to ensuring genuine entitlement to rights.

For example, like all French citizens, Travellers are entitled to the so-called active solidarity income, which under the Act of 1 December 2008 replaced the minimum integration income, in accordance with their family composition and resources. In addition, the status of individual entrepreneur has enabled numerous Travellers to take up new occupations, particularly in the field of commerce. They also receive micro credits, for example through the association for the right to economic initiative.

Public investment in this group also takes the form of grants to the main Travellers’ national representative associations, and to certain local ones. The government enters into agreements with these associations to act as rights advisers in such areas as establishing residence rights, information on social and medical rights, helping with drawing up applications, pre-school activities and help with homework, prevention and access to health, diet and participation in representative bodies. Finally, the government is financing several projects concerning Travellers as part of the 2010 European Year for Combating Poverty and Social Exclusion.

In view of all the foregoing, which shows that France has taken full account of the ECSR’s conclusions concerning the complaint by the ERRC and has taken steps to continue to improve its policies in this area, the government asks the Ministers’ Deputies to adopt a resolution bringing an end to the examination of the ECSR’s reports in relation to these complaints

Addendum of 15 March 2010

On 23 September 2009, the French national assembly appointed a parliamentary fact finding committee to review the legislation on the accommodation and integration of Travellers. In the course of its work, the committee is interviewing representatives of the relevant ministerial departments (housing and the interior), other administrative authorities, such as the Equal Opportunities and Anti-Discrimination Commission (HALDE) and Travellers’ associations, for example the president of the national consultative committee. It will consider a possible revision of the arrangements for implementing the Act of 3 January 1969 relating to travel permits and the arrangements for Travellers’ exercise of the right to vote.

The government wishes to emphasise that the committee is concerned with Travellers and not Roma, and that the two groups, with their very different lifestyles and expectations, must not be confused. It also wishes to point out that the forced eviction procedure for the illegal occupants of land, provided for in the amended Act of 5 July 2000, does not cover Roma settlements, which do not meet the criteria for the parking of Travellers’ mobile homes. Finally, the government wishes to make it clear that this procedure does not apply to the occupants of properly established sites, so it is incorrect to speak of the eviction procedure from such sites, as in paragraph 63 of the report, and finds it difficult to see how this could count as “racial discrimination” (paragraph 74).

Although it is difficult to be exhaustive on such a vast and critical subject, the French Government hopes that it has supplied the Committee of Ministers, in its previous observations and this addendum, with the relevant information and it will certainly take account of the report of the ECSR in its future activities in this area.

Appendix 4

(Item 4.3)

Recommendation CM/Rec(2010)10
of the Committee of Ministers to member states

on the role of women and men in conflict prevention and resolution and in peace building

(Adopted by the Committee of Ministers on 30 June 2010

at the 1089th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Noting that women, together with children, comprise a large proportion of civilian victims of conflicts, and that women, compared to men, have less access to resources, power and decision making before, during and after conflicts, and that their experiences of situations of tension and war and post-conflict reconstruction are significantly different from those of men;

Recognising, consequently, that women are often powerless to prevent conflict, that they are excluded from the negotiation tables during the resolution process and marginalised in post-conflict reconstruction and reconciliation initiatives;

Considering that democracies can no longer afford to ignore the competencies, skills and creativity of women and must include women with different backgrounds and of different age groups in conflict prevention, resolution and peace building;

Recalling the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5), adopted in 1950 and its Protocols;

Recalling the European Social Charter (ETS No. 35), adopted in 1961 and revised in 1996;

Recalling the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197), adopted in 2005;

Taking into account Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence and Recommendation Rec(2003)3 of the Committee of Ministers to member states on balanced participation of women and men in political and public decision making;

Bearing in mind the Parliamentary Assembly Resolution 1212 (2000) on “Rape in armed conflicts” and Parliamentary Assembly Recommendation 1665 (2004) on “Conflict prevention and resolution: the role of women”;

Recalling the four Geneva Conventions of 1949 on the protection of war victims and their two Additional Protocols of 1977, in particular, the provisions guaranteeing gender-sensitive treatment;

Having regard to the United Nations Convention on the Elimination of all forms of Discrimination against Women (1979) and its Optional Protocol of 10 December 1999;

Having regard to the Rome Statute of the International Criminal Court which entered into force in 2002;

Taking into account the United Nations Security Council Resolutions 1325 (2000) and 1820 (2008) on women, peace and security and 1612 (2005) on children and armed conflict;

Bearing in mind the OSCE decision on women in conflict prevention, crisis management and post-conflict rehabilitation, adopted in December 2005;

Bearing in mind European Parliament Resolutions 2000/2025(INI) on participation of women in peaceful conflict resolution and 2005/2215(INI) on the situation of women in armed conflicts and their role in the reconstruction and the democratic process in countries after a conflict;

Recalling the Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005) where the heads of state and government of member states underlined that equal participation of both women and men is a crucial element of democracy and confirmed their commitment to achieving real equality between women and men and to combating violence against women;

Recalling the Declaration on gender equality: a core issue in changing societies and the Programme of Action and the Resolution on the roles of women and men in conflict prevention, peace building and
post-conflict democratic processes – a gender perspective, adopted by the 5th European Ministerial Conference on Equality between Women and Men (Skopje, 22-23 January 2003), which encourages the integration of a gender perspective in all activities aimed at conflict prevention and resolution;

Reaffirming the Beijing Declaration and Platform for Action (4th United Nations World Conference on Women, 1995) which recognise that women are increasingly establishing themselves as central actors in a variety of capacities in the movement for peace, and that their full participation in decision making, conflict prevention and resolution and all other peace initiatives is essential to the realisation of lasting peace;

Aware that, despite the international instruments and the action of non-governmental organisations, violations of women’s human rights continue to occur in conflict areas and that without appropriate measures being taken to ensure their empowerment and security, balanced participation of women and men in conflict prevention and resolution and in peace building will not be achieved;

Considering that the maintenance and promotion of international peace and security cannot be realised without fully understanding the impact of conflicts on women and men;

Recognising that balanced participation of women and men in all phases of conflict prevention and resolution and in the peace process is a prerequisite for establishing lasting peace, sustainable democracy and economic development;

Recognising that women can bring alternative perspectives to conflict prevention at local and community level,

Recommends that the governments of member states:

1. acknowledge that equality between women and men, strengthening the role of women in society and making full use of their knowledge and expertise promote peace and are a prerequisite for conflict prevention and resolution and peace building;

2. integrate a gender perspective into conflict prevention and resolution and peace building activities, including the allocation of necessary budgetary resources;

3. ensure a balanced participation of women and men at all levels of decision making in local, regional, national and international institutions, and mechanisms for conflict prevention and resolution, including peace negotiations and the democratisation of societies after conflicts;

4. ensure that women and men representing all spheres of society take part in conflict prevention and resolution and peace building using multitrack diplomacy;

5. effectively prosecute and punish gender-related crimes committed during and after conflicts, and provide mechanisms to prevent such crimes;

6. draw this recommendation to the attention of all national political institutions and international organisations;

7. adopt and implement the measures described in the Appendix to this recommendation;

8. monitor and evaluate progress arising from the adoption of this recommendation and inform the competent steering committees, in particular the Steering Committee for Equality between Women and Men (CDEG), of the measures undertaken and the progress achieved in this field.

Appendix to Recommendation CM/Rec(2010)10

General measures

Legal framework and policy

1. Guarantee the protection of and respect for human rights of women before, during and after conflicts;

2. Guarantee that girls and boys are protected in accordance with their specific needs and taking account of their interests, and ensure that they are not exploited in any way. Girls and boys must be protected from falling victim to trafficking in human beings and must not be recruited as child soldiers and/or used as sex slaves;

3. Include provisions in national legislation that allow the prosecution of perpetrators of gender-based violence, including domestic violence, as contained in Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence;

4. Intensify efforts to implement United Nations Security Council Resolution 1325 (2000) on women, peace and security, inter alia, by devising measures such as national action plans, allocate resources and determine responsibility for its implementation;

5. Promote exchange of good practice between member states on the role of women and men in conflict prevention and resolution and in peace building;

Gender mainstreaming strategy

6. Set up mechanisms for enhancing gender mainstreaming in all processes of conflict prevention and resolution and peace building, and adopt measures to involve both women and men in all processes;

7. Explore the use of gender budgeting of all conflict prevention and resolution and peace building activities to ensure a more efficient use of resources;

8. Integrate a gender perspective in the recruitment processes of international staff and in the training given to staff taking part in conflict prevention and resolution, and peace building missions;

9. Publish, on a regular basis, gender-disaggregated data and statistics on the participation of women and men in conflict prevention, resolution and peace building and monitor progress in this area;

Education

10. Introduce and develop education on human rights, including gender equality, in school curricula, and remove gender-based stereotypes from curricula, text books and educational materials at all education levels;

11. Ensure that adequate systems are in place to guarantee education of children in conflict, post conflict and fragile situations;

12. Support and/or establish gender-sensitive peace studies within higher education programmes;

NGOs and civil society

13. Acknowledge the crucial role of civil society and support its conflict prevention and resolution and peace building activities so as to establish long-lasting peace, and allocate resources for developing non-violent models for conflict prevention and resolution;

14. Promote the establishment of international networks of women who have experienced conflicts and/or have been involved in peace building initiatives with a view to pooling examples of good practice;

15. Involve young people, girls and boys, in conflict prevention and resolution, peace building, reconstruction of society after conflicts, and in the setting up and development of effective communication processes;

Media

16. Encourage the media to:

- present all the different roles both women and men play in conflict;

- avoid stereotypical representation systematically presenting women as victims and men as aggressors;

- promote research on the media coverage of women and women’s initiatives in the field of conflict prevention and resolution, and peace building;

- take part in public debate on this issue, in both towns and rural areas;

- promote educational programmes on television, radio and on the Internet on the different roles both women and men play in conflict prevention and resolution, and peace building;

Specific measures concerning conflict prevention

17. Adopt national conflict-prevention policies and strategies integrating a gender perspective;

18. Develop and promote early warning mechanisms integrating gender-specific indicators to prevent conflict;

19. Promote the role of women in intercultural and inter-religious dialogue to open new opportunities for dialogue and pave the way for new models of conflict prevention;

20. Organise training seminars in intercultural learning and conflict prevention with a special focus on gender-specific issues for policy makers and civil servants, especially those sitting on decision-making bodies at the highest level;

21. Grant resources and give support to NGOs, in particular to women’s NGOs working at grassroots level, to prevent conflict and build peace;

22. Publish and disseminate studies on the impact of conflict on women and men, and their roles and relations;

23. Fund research on root causes of masculine violence, which can often lead to severe problems in post-conflict societies, and devise global responses to this violence, based on an integrated and multidisciplinary approach;

Specific measures concerning conflict resolution

24. Progressively increase the number of women nominated to high-level decision-making posts in international organisations and international missions, including diplomatic posts;

25. Appoint more women as mediators in international mediation committees in charge of peace negotiations, and facilitate and promote the participation of women in field missions, including reconstruction, peace building and observation missions, in order to achieve a gender balanced participation;

26. Engage in multitrack diplomacy so as to involve the largest possible number of actors in resolving conflicts within and between states, and ensure the equal participation and input of women’s organisations in informal and formal peace initiatives at all levels through systematic consultation with them, ensuring that their expertise and women’s priorities are reflected in formal and informal peace processes;

27. Ensure that third parties involved in peace negotiations, including mediators, are trained to take a gender sensitive approach;

28. Ensure that women benefit from humanitarian aid by providing better control over access to and distribution of such aid, and that they play an active part in all stages of humanitarian assistance operations;

29. Integrate a gender perspective in the arrangements and procedures for granting asylum and receiving refugees and other displaced persons;

30. Give women refugees and other displaced women the opportunity to play a key role in camp planning, management and decision-making so that women’s interests are taken into account in all aspects of running a refugee camp, especially resource distribution, security and protection;

Specific measures concerning human security

31. Ensure the protection of human rights defenders, both women and men, in conflict and post-conflict situations;

32. Take account of the important role and the particular needs of women when implementing protection policies and sustainable solutions, including voluntary return, repatriation, resettlement and reintegration of refugees and displaced persons in safety and dignity;

33. Ensure that security measures do not restrict freedom of movement for women and girls in post-conflict situations;

34. Ensure the protection of women and girls inside refugee camps against violence and sexual abuse by providing better security measures;

35. Ensure that, in the context of humanitarian assistance, sufficient attention is given to assistance concerning sexual and reproductive health, including obstetric care, nutritional support for women during pregnancy and breastfeeding, family planning, and HIV prevention and treatment services;

36. Acknowledge the importance of continuous education during and after conflicts as a survival strategy and, to this end, provide a safe environment for educational activities;

37. Pay the utmost attention to cases of men, women and children reported missing in connection with armed conflicts, and take appropriate measures to search for, locate and identify them;

38. Support trans-border co-operation between women’s NGOs in combating gender based violence and disappearances;

39. Encourage women’s access to the media and to information and communication technologies so that their expertise can influence public debate and decision making with regard to peace and security;

Specific measures concerning peace building

International criminal law

40. Ensure that national legislation is compatible with the substantive and procedural provisions regarding gender related crimes as laid down in the Rome Statute of the International Criminal Court;

41. Take all the necessary steps to ensure in particular that rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, or any other form of sexual violence of comparable gravity are recognised as war crimes by the national legal order, when these acts are committed in the course of armed hostilities;

42. Take all the necessary steps to ensure in particular that rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, or any other form of sexual violence of comparable gravity are recognised as crimes against humanity by the national legal order when these acts are committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack and are recognised as genocide by the national legal order if committed with intent to destroy, in whole or in part, a national, racial, ethnic or religious group;

43. Punish gender-related crimes, committed by combatants and all other actors, including peacekeepers and international and humanitarian staff, and take measures to prevent trafficking in human beings, especially in women and girls;

44. Ensure appropriate protection to all persons called to testify before the national courts and international tribunals in cases of genocide, crimes against humanity and war crimes committed during and after conflicts;

45. Ensure special legal protection and provide legal assistance free of charge and social support to victims in order to facilitate their reporting of perpetrators of war crimes and human rights violations committed during and after conflicts, and in order to prevent them from becoming repeat victims;

46. Establish mechanisms to guarantee compensation for victims, in accordance with the conditions under national law;

Transitional justice and reconciliation

47. Set up, as far as possible, mechanisms such as truth and reconciliation committees to deal with past human rights violations;

48. Put an end to the culture of silence, support the victims of gender-based violence so that they are accepted by their community and society as a whole, and in the event that truth and reconciliation committees are set up, establish places where women and men feel safe to talk;

49. Draw up programmes designed to introduce new strategies for working with those who are both the victims and the perpetrators of gender-based violence;

50. Provide relevant information, documents and results of research concerning all the institutions/bodies which are responsible for transitional justice;

Combating violence

51. Include in peace building programmes, action plans to combat violence against women;

52. Ensure that a gender perspective is fully integrated in demilitarisation, demobilisation and reintegration programmes;

53. Pay particular attention to the integration of female combatants recruited by armed groups or armed forces in demilitarisation and demobilisation programmes, provide adequate reintegration programmes, and support vulnerable male groups, such as conscientious objectors, forced conscripts and war prisoners;

54. Provide gender-specific psycho-social support as a peace building tool in order to reduce hatred, fear and traumatism, and create opportunities for confidence building activities between women and men;

55. Ensure that all parties included in peace building missions have, and implement, a code of conduct;

56. Ensure that a gender perspective is fully integrated in the security sector reform;

57. Provide training in gender equality and in dealing with gender violence for all actors involved in peace building, including police officers and armed forces;

Empowerment of women

58. Take all the necessary steps to ensure that women are informed of their political and civil rights and involved in drafting and/or reviewing national laws;

59. Take all the necessary steps to ensure that women are registered on the electoral rolls and abolish family voting; substantially increase the number of women on electoral committees and the number of female electoral observers with a view to achieving the balanced participation of women and men;

60. Take all the necessary steps to guarantee women’s socio-economic rights, including employment, as well as their property ownership and inheritance rights, and support in particular female-headed households and female orphans in so far as they may suffer particular gender-based discrimination;

61. To promote the access and rights of women to health information and services, in particular as regards sexual and reproductive health, including women’s access to post exposure prophylaxis and emergency contraception for rape victims, whilst affirming strong support for and a commitment to the full implementation of the Cairo Programme for Action, adopted at the International Conference on Population and Development (ICPD) 1994, as well as of the ICPD Programme of Action agreed at ICPD+5, the Copenhagen Declaration and Action Programme, the Beijing Platform for Action and the Millennium Development Goals;

62. Ensure that the women affected by conflicts, including refugee women and other displaced women, are actively involved in peace building activities and in the planning and implementation of reconstruction initiatives;

63. Ensure that equal consideration is given to women’s and men’s specific needs and interests when formulating reconstruction programmes and devising development co-operation programmes, and explore the use of a gender budget analysis of humanitarian assistance and post-conflict reconstruction in order that both women and men benefit equally from the resources provided by international and national donors;

64. Ensure the availability of translations of international documents on gender equality and peace building, and their dissemination, targeting in particular decision-makers, civil servants and the wider public at local, regional and national levels;

65. Translate into national languages important decisions, including peace treaties, and disseminate them to the wider public, in particular to women in both towns and rural areas, and ensure that women and men have the opportunity to provide and receive information to and from national and international actors without discrimination based on the grounds of sex;

66. Encourage the media to use the information provided by civil society, including women’s NGOs, to ensure regular and informed media coverage of issues concerning women and of civil society’s contribution to national reconstruction and rehabilitation;

67. Encourage research on the consequences of women’s exclusion from and/or men’s
over-representation in peace negotiations, and on women’s contribution to conflict resolution and
peace-building activities, and the impact they have on peace processes; disseminate the results widely and use them in framing national and regional policies that respect and make creative use of women’s potential.

Appendix 5

(Item 4.4)

Resolution CM/ResCMN(2010)9

on the implementation of the Framework Convention for the Protection of National Minorities

by Liechtenstein

(Adopted by the Committee of Ministers on 30 June 2010

at the 1089th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as “the Framework Convention”);

Having regard to Resolution (97) 10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention;

Having regard to the voting rule adopted in the context of adopting Resolution (97) 10;9

Having regard to the instrument of ratification submitted by Liechtenstein on 18 November 1997;

Recalling that the Government of Liechtenstein transmitted its state report in respect of the third monitoring cycle under the Framework Convention on 18 March 2009;

Having examined the Advisory Committee’s third opinion on Liechtenstein, adopted on 26 June 2009, and the written comments of the Government of Liechtenstein, submitted on 31 March 2010;

Having also taken note of comments by other governments,

1. Adopts the following conclusions in respect of Liechtenstein:

a) Positive developments

The authorities have made increased efforts to improve integration of immigrants and prevent racism and discrimination against them. New steps have been taken to strengthen the legal and institutional framework pertaining to the protection against discrimination and racism.

Increased attention has been paid to the collection of data with respect to discrimination in various areas and in respect of different groups.

A number of supportive measures have been adopted, in particular in terms of language teaching, religious education, counselling and information, for persons with different ethnic, linguistic and religious backgrounds.

In addition, new information and awareness-raising activities about non-discrimination, respect for human rights and diversity have been organised by the authorities and civil society. Such activities have involved schools and teachers but also the public at large and specific sectors concerned, such as the public administration and the police.

b) Issues of concern

The legal framework pertaining to the fight against discrimination still needs to be improved, including through the development of a comprehensive anti-discrimination legislation.

In practice, further efforts are needed to combat difficulties faced by foreign nationals in certain sectors, including housing and employment and, in particular, to ensure equal opportunities in access to quality education for all children. There is also a need to pursue and develop further the supportive measures taken in the field of language teaching, with adequate financial support by the state.

Instances of xenophobia and intolerance against persons of different ethnic origin and religion, notably against Muslims and persons of Turkish origin, are still reported. Worrying trends have been noted in recent years in this regard, in particular among the youth, that require urgent action by the authorities.

The successful integration and participation of persons of different ethnic, language or religious background remains a challenge for the authorities and requires increased efforts.

2. Adopts the following recommendations in respect of Liechtenstein:

In addition to the measures to be taken to implement the detailed recommendations contained in Sections I and II of the Advisory Committee's opinion, the authorities are invited to take the following measures to improve further the implementation of the Framework Convention:

- take further steps to improve the integration of persons belonging to different groups and adopt a comprehensive policy to ensure effective implementation of the principles of equality and non-discrimination in respect of all;

- pursue and develop efforts to ensure full implementation of the national action plan against racism and take more resolute measures to prevent, combat and monitor any manifestations of intolerance and xenophobia.

3. Invites the Government of Liechtenstein, in accordance with Resolution (97) 10:

      a. to continue the dialogue in progress with the Advisory Committee;

      b. to keep the Advisory Committee regularly informed of the measures it has taken in response to the conclusions and recommendations set out in sections 1 and 2 above.

Appendix 6

(Item 6.2)

Terms of reference of the Committee of Experts on the Implementation of Good Governance Principles in Health Systems (SP-IGG)

Fact-sheet

Name of Committee:

Committee of Experts on the Implementation of Good Governance Principles in Health Systems (SP-IGG)

Compliance with Resolution Res(2005)47:

YES

Programme of Activities:

2010/DG3/2316 “Implementation of Good Governance Principles in Health Systems”

Project relevance:

1. Third Summit Action Plan:

Chapter I: Promoting common fundamental values: human rights, rule of law and democracy:

3. Strengthening democracy, good governance and the rule of law in member states.

Chapter II: Strengthening the security of European citizens:

2. Combating corruption and organised crime.

Chapter III: Building a more human and inclusive Europe:

1. Ensuring social cohesion

“We support the implementation of a strategic integrated approach to health and health-related activities. In particular, the work on equity of access to care of appropriate quality and services which meet the needs of the population of our member states will be intensified. Identifying standards for patient-oriented care will be a key component of this activity.”

2. Contribution to core values of the Council of Europe, namely by dealing with issues linked to the application of the rule of law in health systems and strengthening democratic participation.

Political justification/framework:

1. This project is a direct link to a recommendation within the report of the High-Level Task Force on Social Cohesion in the 21st Century, namely to “Spearhead the development of a value-based “governance framework for our time” in health care that is oriented to accountability, transparency, sustainability and patients’ rights, avoiding corruption and conflicts of interest and invoking the shared responsibility of all stakeholders in society”. The governance issue is an integrated part of the rule of law applied in the health care context.

2. It builds on the results of the Council of Europe’s Committee of Experts on Good Governance in Health Care Systems (SP–GHC), which was mandated to develop an evidence and value based Good Governance Framework. On this basis, guidelines to implement practical policy tools in the form of a guide for practitioners and an assessment methodology will be developed to improve good governance amongst member states. It takes stock of the Council of Europe’s work on the rule of law including anti-corruption activities (GRECO).

 

3. The current worldwide economic crisis has highlighted the crucial role of good governance, and the dangers of its absence, lack of implementation or monitoring. Similarly, good governance plays an equally important role in the social cohesion and health fields.

Project added value:

1. To date there have been no systematic reviews focused specifically on governance and accountability in health systems. The proposed assessment tool builds on the values and principles of good governance and focuses on the outcomes of good governance. This is one of the Council of Europe’s assets to combine policy and political dimensions in its work.

2. The project has elements of novelty – the World Bank recently published a matrix of external and internal World Bank Governance Datasets. None of the 173 datasets and instruments is related to governance in health systems. 

3. The project is consistent with, and complementary to, the proposals of the World Health Organisation (WHO) Tallinn Charter (2007). The WHO was an active observer in the SP-GHC. Close co-operation with the WHO will be sought, in particular, by inviting observers to the SP-IGG. Likewise, the European Healthcare Fraud and Corruption Network (EHFCN), Transparency International and the Organisation for Economic Co-operation and Development (OECD) will also be invited to co-operate in this project.

4. It is the first known collective effort to review the approach to good governance in health care and to develop tools applicable for both self-assessment and international comparisons.

The Council of Europe is the relevant organisation to address governance questions in terms of democratic participation and accountability towards citizens.

Financial information:

2 x two-day meetings per year, 8 participants.

Total running costs: €29 588 of which:

- €14 000 for reimbursement of participation (travel costs + subsistence);

- €4 000 for reimbursement of consultant’s participation in meetings and fees;

- €8 088 for interpretation;

- €2 000 for translation costs; and

- €1 500 for document production and postal costs.

Terms of reference of the Committee of Experts on the Implementation of Good Governance Principles in Health Systems (SP-IGG)

1.

Name of Committee:

Committee of Experts on the Implementation of Good Governance Principles in Health Systems (SP-IGG)

2.

Type of Committee:

Committee of Experts

3.

Source of terms of reference:

Committee of Ministers, upon the suggestion of the European Health Committee (CDSP)

4.

Terms of reference:

 

Having regard to:

-

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

-

the Warsaw Declaration and Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005) and, in particular, Chapter III “Building a more humane and inclusive Europe”;

-

the Council of Europe’s conventions, resolutions and recommendations relevant to health policy, public health, good governance and transparency, and in particular:

- Recommendation CM/Rec(2010)6 on good governance in health systems;

- Recommendation CM/Rec(2007)7 on good administration;

- Recommendation Rec(2000)10 of the Committee of Ministers on codes of conduct for public officials;

- Recommendation (97) 17 of the Committee of Ministers on the development and implementation of quality improvement systems (QIS) in health care;

- the revised Strategy for Social Cohesion approved by the Committee of Ministers on 31 March 2004;

-

the decisions of the Committee of Ministers in the field of health policy;

-

the replies of the Committee of Ministers to the recommendations of the Parliamentary Assembly in the field of health policy;

-

the relevant World Health Organisation (WHO) policies, in particular the “Health for All” strategy.

 

Under the authority of the European Health Committee (CDSP) and in relation with the implementation of Project 2010/DG3/2316 “Implementation of Good Governance principles in Health Systems” of the Programme of Activities, the Committee is instructed to take account of current mechanisms/methods used internationally to implement good governance principles in health systems and on this basis to:

i.

compile a broad overview of mechanisms/methods used to date, containing examples of good and bad practice;

ii.

propose a guide based on the general framework contained in Recommendation CM/Rec(2010)6 on good governance in health systems and containing examples of codes of conduct on good governance. It should contain models useful as an example for practitioners, health administrators and health policy makers, and should include a section devoted to managing conflicts of interest and relations between public and private sectors;

iii.

develop a guide on assessment tools for evaluating and monitoring good governance. The guide should contain possible examples of evaluation and monitoring governance to use by the stakeholders and it should be based on the general framework contained in Recommendation CM/Rec(2010)6 on good governance in health systems.

5.

Composition of the Committee:

5.A

Members

 

Governments of all member states are entitled to appoint representatives with the relevant qualifications and expertise in the judicial, scientific, political, administrative and practical fields. Therefore the following profiles should be present in the Committee:

- a lawyer specialised in health law and health insurance law;

- a financial expert qualified in health financing and internal control systems;

- an expert qualified in risk management;

- a specialist qualified in health informatics and statistics.

The Council of Europe budget will bear the travel and subsistence expenses for eight members proposed by the CDSP Bureau and approved by the CDSP.

5.B

Participants

i.

With a view to securing across-the-board participation, the following Committees may each send (a) representative(s) to meetings of the Committee, without the right to vote and at the charge of the corresponding Council of Europe budget sub-heads:

- the Steering Committee for Human Rights (CDDH);

- the Steering Committee on Bioethics (CDBI);

- the European Committee for Social Cohesion (CDCS);

- the European Committee on Migration (CDMG);

- the European Committee on Legal Co-operation (CDCJ);

- the Group of States against Corruption (GRECO).

ii.

The Parliamentary Assembly may send representatives to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iii.

The Congress of Local and Regional Authorities of the Council of Europe may send a representative to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iv.

The Council of Europe Commissioner for Human Rights may send a representative to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

v.

The Conference of INGOs of the Council of Europe may send representatives to meetings of the Committee, without the right to vote and at the expense of the sending body.

5.C

Other participants

i.

The European Union may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

ii.

The states with observer status with the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses.

iii.

The following intergovernmental organisations may send (a) representative(s) to meetings of the Committee, without the right to vote or defrayal of expenses:

- the United Nations and UN agencies:

    - the International Labour Organisation (ILO);

    - the World Health Organisation (WHO);

- the Organisation for Economic Co-operation and Development (OECD);

- the World Bank.

5.D

Observers

 

The following non-governmental organisations may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

- the European Healthcare Fraud and Corruption Network (EHFCN);

- the Transparency International (TI).

6.

Working methods and structures:

 

In carrying out its terms of reference, the Committee shall:

-

collaborate outside the statutory meetings of the Committee through a collaborative website put at its disposal by the Council of Europe;

-

identify European and national institutions which are competent in the field and establish links with them;

-

request from the designated specialists to provide background information, examples of best practices and other inputs to the Committee’s work;

-

be able to carry out consultations with scientific experts and/or with professional bodies by means of hearings or by any other means, as deemed appropriate and within the available budgetary resources.

Within the limits of available budgetary appropriations and to expedite the progress of its work, the Committee may call on the services of a consultant to assist in the preparation of a survey of examples of existing best practices in assessing good governance in health systems (formulation of critical questions and preparation of a summary of the responses).

7.

Duration:

 

These terms of reference will expire on 31 December 2011.

Appendix 7

(Item 6.5)

Reply to Recommendation 279 (2009)
of the Congress of Local and Regional Authorities of the Council of Europe

on the “Overindebtedness of households: the responsibility of regions”

(Adopted by the Committee of Ministers on 30 June 2010
at the 1089th meeting of the Ministers’ Deputies)

1. The Committee of Ministers has examined with interest Recommendation 279 (2009) of the Congress of Local and Regional Authorities of the Council of Europe on the “Overindebtedness of households: the responsibility of regions”. It has brought it to the attention of the governments of member states, the European Committee on Legal Co-operation (CDCJ), the European Committee on Local and Regional Democracy (CDLR) and the European Committee for Social Cohesion (CDCS).

2. The Committee of Ministers recognises that overindebtedness has become an increasingly widespread problem, which can lead to social and health problems, social exclusion of families and may put children’s basic needs at risk. It is aware of the importance of establishing political, legal and practical measures which can prevent and solve debt problems effectively. It welcomes the attention given to this area by the Congress. It invites member states to consider, where appropriate, the suggestions outlined in the recommendation.

3. The Committee of Ministers particularly welcomes the reference made to its Recommendation CM/Rec(2007)8 on legal solutions to debt problems, as it considers that the provisions laid out in that recommendation can largely contribute to advancing on the issues raised by the Congress. As advocated by the Congress, efforts are under way to promote and raise awareness on this recommendation in member states, in particular through activities of the CDCJ. Member states have been invited to inform the Organisation on measures taken to implement the recommendation. The replies received have been made public. The Committee of Ministers would encourage member states to pursue their efforts in implementing Recommendation CM/Rec(2007)8.

4. Finally, the Committee of Ministers would also draw attention to the comments of the CDCJ and the CDCS on the present recommendation, which are appended to this reply.

Appendix 1 to the reply

Comments by the European Committee on Legal Co-operation (CDCJ)

1. On 15 October 2009, the Congress of Local and Regional Authorities of the Council of Europe adopted Recommendation 279 (2009) on the “Overindebtedness of households: the responsibility of regions”. During their 1069th meeting on 4 November 2009, the Ministers’ Deputies decided to transmit the recommendation to the European Committee on Legal Co-operation (CDCJ) for information and eventual comments.

2. The Bureau of the CDCJ took note of the recommendation of the Congress. It welcomed it and, given the close links with activities of the CDCJ which exist in this field, decided to make the following observations.

3. The Bureau of the CDCJ particularly welcomed the reference made in paragraphs 7 and 8 to Recommendation CM/Rec(2007)8 on legal solutions to debt problems which is a direct follow-up to Resolution No. 1 on seeking legal solutions to debt problems in a credit society which was adopted by the European Ministers of Justice at their 26th Conference (Helsinki, 2005).

4. The Bureau of the CDCJ fully agreed that there is a need to ensure the effective implementation of the recommendation and therefore welcomed the Congress’s call upon the Committee of Ministers to:

- promote and raise awareness of Recommendation CM/Rec(2007)8;

- take concrete measures to evaluate the implementation of the recommendation by collecting information from member states and exchanging examples of good practice among them;

- encourage Council of Europe member states which are also European Union member states to take Recommendation CM/Rec(2007)8 into account when implementing European Union Directive 2008/48/EC.

5. In response, the Bureau of the CDCJ indicated that, on 14 April 2009, a letter was addressed by the Secretary General to Heads of State and Governments of member states inviting them to inform the Organisation on measures taken to implement Recommendation CM/Rec(2007)8.

6. During its meeting of 19 and 20 January 2010, the Bureau of the CDCJ “took note of the publication on the website of the CDCJ10 of the replies received from the CDCJ delegations concerning the implementation of Recommendation CM/Rec(2007)8, and agreed to have it preceded by an analytical foreword and synthesis of these replies.”

7. At the same meeting, the Bureau of the CDCJ however “considered that, in the context of the current global economic crisis, the preparation of a European model code of conduct for lending institutions was at this stage premature.”

8. The Bureau of the CDCJ encourages the member states to pursue their efforts to effectively and efficiently implement Recommendation CM/Rec(2007)8 and to inform the Council of Europe of the progress made.

Appendix 2 to the reply

Comments of the European Committee on Social Cohesion (CDCS)

1. The European Committee for Social Cohesion (CDCS) takes note and welcomes Recommendation 279 (2009) of the Congress of Local and Regional Authorities of the Council of Europe on the “Overindebtedness of households: the responsibility of regions”.

2. The CDCS welcomes the proposed measures for credit institutions to assume their responsibility for overindebtedness, notably a databank recording all financial commitments entered by individuals.

3. Overindebtedness has become an increasingly widespread problem creating social exclusion of individuals and families. The issue is of great importance, especially during a recession period, and regulation of credits in order to prevent families and especially vulnerable groups of society, from the consequences of irresponsible lending, usury of credit institutions and from financial and social exclusion is crucial.

4. Overindebtedness of households is experienced differently by the two genders and this aspect should be taken into account.

5. The CDCS also wonders how education in financial matters for consumers and education on social matters for suppliers in a process of mutual learning (paragraph 5.e) could be implemented.

6. The CDCS appreciates the explicit reference to its work on the multipartite social contract, which started as a pilot project in 2007 and led to new forms of fighting against exclusion based on shared responsibility between authorities and ethical and solidarity-based initiatives. The project is currently in a phase of expansion in its European dimension, with a view to its integration in national action programs for inclusion.

7. The request by the Congress to the Committee of Ministers to reinforce its activities on shared social responsibility involving citizens is welcomed by the CDCS, which stands ready to pursue its work in this field.

Appendix 8

(Item 11.2)

Resolution CM/Res(2010)3

on the Enlarged Agreement on the European Commission for Democracy through Law

(Venice Commission)

(Adopted by the Committee of Ministers on 30 June 2010

at the 1089th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe,

Having regard to Resolution (90) 6 of 10 May 1990 setting up a Partial Agreement on the European Commission for Democracy through Law (Venice Commission) and to Resolution Res(2002)3 of 21 February 2002 adopting the revised Statute of the European Commission for Democracy through Law (Venice Commission), by virtue of which it became an Enlarged Agreement;

Having regard to Articles 5 and 21 of the Financial Regulations;

Having regard to Resolution CM/Res(2009)37 of 25 November 2009 approving the 2010 budget of the Enlarged Agreement on the European Commission for Democracy through Law (Venice Commission);

Having regard to the opinion of the Budget Committee in its May 2010 meeting report (CM(2010)60);

Considering that the appropriations entered in the 2010 budget of the Enlarged Agreement on the European Commission for Democracy through Law (Venice Commission) call for amendment,

Resolves as follows:

Article 1

The budget of the Enlarged Agreement on the European Commission for Democracy through Law (Venice Commission) for 2010 is amended according to the table appended to the present resolution.

Article 2

The supplementary appropriations approved by this resolution shall be financed from the contributions of Mexico and Tunisia to the 2010 budget and therefore will not require additional contributions from other member states.

Appendix to Resolution CM/Res(2010)3

Appendix 9

(Item 11.3)

Revised rules

concerning the reimbursement of travel and subsistence expenses

to government experts and other persons
travelling at the charge of Council of Europe budgets

I. GENERAL PROVISIONS

Article 1

Experts and other persons travelling on Council of Europe business and at the Council's expense (hereinafter referred to as the “experts”) shall arrange their journeys in the most economical manner. Travelling expenses shall be reimbursed and daily subsistence allowances paid in accordance with the present rules.

II. MEANS OF TRANSPORT AND TRAVELLING EXPENSES

Article 2

1. Experts shall be entitled, as provided for below, to reimbursement of travel expenses incurred in travelling between the address specified in the notice of the meeting (hereinafter referred to as the “place of departure”) and the place of the meeting.

2. If, for personal or professional reasons, experts travel to the meeting from a place other than their place of departure, or return to such a place after the meeting, the refund shall be restricted to the amount of expenses they would have incurred in travelling to or from their place of departure. In exceptional and duly justified circumstances, with the prior approval of the Secretary General, experts may request reimbursement based on the actual itinerary.

3. Travelling expenses shall be refunded to only one expert per meeting. If one expert is replaced by another in the course of the meeting, the latter shall not be entitled to travel expenses.

Article 3

All claims for reimbursement of travel expenses for all means of transport must be accompanied by a copy of the relevant ticket and evidence of the expenditure actually incurred (for example, an original invoice or certified copy, credit card slip or statement). In no case shall the amount reimbursed exceed the actual expenditure incurred.

Article 4

1. Rail travel

The reimbursement of first class rail fare is authorised. Where the duration of the journey is longer than 6 hours between 10 p.m. and 7 a.m., the cost of a sleeper may be reimbursed.

2. Air travel

Reimbursement shall be based on the economy class fare.

However, reimbursement may be based on the business class fare in the following circumstances:

- for single flights lasting more than 7 hours;

- for more than 15 hours travelling time (more than one flight plus stopovers);

- for health reasons attested by a medical certificate, which must be submitted with the claim form.

The flight itinerary must be presented to justify the duration of flying time or total travelling time, as appropriate.

Excess baggage charges are not refundable unless justified on grounds of official requirements.

3. Sea travel

The reimbursement of travel by sea shall not exceed the amount of the air fare as defined in paragraph 2 above. When experts travel by car, the cost of transporting the car by sea shall not be reimbursed (see Article 6, paragraph 1).

Article 5

1. Transit fares in connection with changing from one means of transport to another, and fares paid for travel between the place of departure and/or the place of the meeting and railway station or airport, are provided for within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed. However, when such fares exceed 20% of the amount of the daily allowances paid, the difference may be reimbursed, subject to the prior approval of the Secretary General and on presentation of evidence of the expenditure actually incurred.

2. Local travel costs incurred during meeting days are provided for within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed.

Article 6

1. Experts travelling by means other than public transport a distance exceeding 30 kilometres per journey (one-way) shall be refunded a lump sum based on a kilometric allowance determined annually by the Committee of Ministers. Distances over 1600 kilometres for the return journey shall be refunded on the basis of economy class air fare from the nearest airports, unless there is prior approval by the Secretary General authorising reimbursement based on the kilometric allowance. Journeys of less than 30 kilometres (one-way) are not reimbursed.

2. The journey time used as the basis for the calculation of daily allowances shall be the result of the number of kilometres divided by 90 and shall not exceed 24 hours.

3. Related costs, such as toll and parking fees, may only be reimbursed with the prior approval of the Secretary General and only where there is no other possible alternative. Such claims shall be accompanied by evidence of the expenditure actually incurred.

4. If two or more experts entitled to claim expenses use the same car, a refund shall be made only to the person in charge of the vehicle, with an increase of 10% for each passenger.

5. Experts travelling by car do so at their own risk. The Council of Europe disclaims all liability in respect of any accident that may occur during the journey.

III. DAILY ALLOWANCES

Article 7

1. During the meeting, experts shall be entitled to receive an allowance at a daily rate determined annually by the Committee of Ministers (the rate in force as from 1 January 2010 is €175). This rate is the same wherever the meeting takes place.

2. This allowance shall be deemed to cover all expenditure incurred by experts in attending meetings, except for the travel expenses provided for above. However, where in exceptional and duly justified circumstances, and with the prior approval of the Secretary General, total accommodation costs (room, breakfast and related taxes) amount to more than 60% of the total daily allowances payable in respect of the meeting, experts may submit a claim for a supplementary payment. Any such claim must be supported by original vouchers attesting the actual expenditure incurred on accommodation.

Article 8

1. The duration of the period conferring entitlement to the allowance shall be determined as follows:

      i. Experts shall be entitled to the daily allowance for each 24-hour period covered by the duration of the mission to and from the meeting. The duration taken into account for the entitlement to daily allowances shall not exceed the shortest necessary for attendance at the meeting in accordance with the means of transport taken as the basis for the refund of travel expenses, as determined by the rules above.

ii. The daily allowance shall not be payable for any period of less than 4 hours.

    iii. Where the duration of the journey is equal to or more than 4 hours but less than 8 hours and no hotel accommodation is involved, the expert shall be paid a quarter of the daily allowance. The same shall apply to any period equal to or more than 4 hours but less than 8 hours, in excess of 24 hours or any multiple of 24 hours.

    iv. Where the duration of the journey is equal to or more than 8 hours but less than 24 hours and no hotel accommodation is involved, the expert shall be paid half the daily allowance. The same shall apply to any period equal to or more than 8 hours but less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

    v. Where the duration of the journey is equal to or more than 4 hours but less than 24 hours and hotel accommodation is involved, the expert shall be paid the full amount of the daily allowance. The same shall apply to any period equal to or more than 4 hours and less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

2. In the case of air, rail and sea travel, the duration of the return journey shall be increased for the purpose of calculating the subsistence allowance, by a fixed period of 2 hours.

3. Experts shall declare any meals or overnight accommodation provided to them free of charge. Where overnight accommodation or meals of experts are provided free of charge the daily allowance shall be reduced, unless the Secretary General decides otherwise, by the following amounts:

    - Overnight accommodation €87.5011 (per night)

    (50% of the daily allowance)

    - In respect of main meals (lunch or dinner) €26.2512 (per meal)

    (15% of the daily allowance)

IV. OTHER EXPENSES

Article 9

1. Other expenses incurred by experts in connection with their attendance at the meeting, such as visa fees and vaccination costs, which are strictly unavoidable, shall be reimbursed. Such claims shall be accompanied by evidence of the expenditure actually incurred.

2. Expenses related to insurance, representation, communication by telephone or fax, the use of the Internet, and rental of meeting rooms are not reimbursed.

V. SICKNESS AND ACCIDENT

Article 10

When travelling on behalf of the Council of Europe, government experts are covered in respect of risks specifically related to such travel by insurance taken out by the Organisation on their behalf. They are nevertheless obliged in the first instance to exhaust all possibilities of payment of benefits due to them under the scheme to which they are affiliated in their own country in respect of illness and accident occurring during the journey and/or the meeting.

VI. REIMBURSEMENT

Article 11

The expenses referred to above shall be refunded upon submission of a claim certified true and correct by the expert, to which all vouchers required by the rules must be appended.

Appendix 10

(Item 11.3)

Revised rules

concerning the reimbursement of travel and subsistence expenses

to the Ministers’ Deputies

travelling at the charge of Council of Europe budgets

I. GENERAL PROVISIONS

Article 1

Travelling expenses shall be reimbursed and daily subsistence allowances paid in accordance with the present rules.

II. MEANS OF TRANSPORT AND TRAVELLING EXPENSES

Article 2

1. Ministers’ Deputies (hereinafter referred to as the “Deputies”) shall be entitled, as provided for below, to reimbursement of travel expenses incurred in travelling between the address specified in the notice of the meeting (hereinafter referred to as the “place of departure”), and the place of the meeting.

2. If, for personal or professional reasons, Deputies travel to the meeting from a place other than their place of departure, or return to such a place after the meeting, the refund shall be restricted to the amount of expenses they would have incurred in travelling to or from their place of departure. In exceptional and duly justified circumstances, with the prior approval of the Secretary General, Deputies may request reimbursement based on the actual itinerary.

3. Travelling expenses shall be refunded to only one Deputy per meeting. If one Deputy is replaced by another in the course of the meeting, the latter shall not be entitled to travel expenses.

Article 3

All claims for reimbursement of travel expenses for all means of transport must be accompanied by a copy of the relevant ticket and evidence of the expenditure actually incurred (for example, an original invoice or certified copy, credit card slip or statement). In no case shall the amount reimbursed exceed the actual expenditure incurred.

Article 4

1. Rail travel

The reimbursement of the first class rail fare is authorised. Where the duration of the journey is longer than 6 hours between 10 p.m. and 7 a.m., the cost of a sleeper may be reimbursed.

2. Air travel

Reimbursement shall be based on the business class fare.

Excess baggage charges are not refundable unless justified on grounds of official requirements.

3. Sea travel

The reimbursement of travel by sea shall not exceed the amount of the air fare as defined in paragraph 2 above. When Deputies travel by car, the cost of transporting the car by sea shall not be reimbursed (see Article 6, paragraph 1).

Article 5

1. Transit fares in connection with changing from one means of transport to another, and fares paid for travel between the place of departure and/or place of the meeting and railway station or airport, are provided for within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed. However, when such fares exceed 20% of the daily allowances paid, the difference may be reimbursed, subject to the prior approval of the Secretary General and on presentation of evidence of the expenditure actually incurred.

2. Local travel costs incurred during meeting days are provided within the daily allowance paid for attendance at meetings and shall not therefore be directly reimbursed.

Article 6

1. Deputies travelling by means other than public transport a distance exceeding 30 kilometres per journey (one-way) shall be refunded a lump sum based on a kilometric allowance determined annually by the Committee of Ministers. Distances over 1600 kilometres for the return journey shall be refunded on the basis of the economy class air fare from the nearest airports, unless there is prior approval by the Secretary General authorising reimbursement based on the kilometric allowance. Journeys of less than 30 kilometres (one-way) are not reimbursed.

2. The journey time used as the basis for the calculation of daily allowances shall be the result of the number of kilometres divided by 90 and shall not exceed 24 hours.

3. Related costs, such as toll and parking fees, may only be reimbursed with the prior approval of the Secretary General and only where there is no other possible alternative. Such claims shall be accompanied by evidence of the expenditure actually incurred.

4. If two or more Deputies entitled to claim expenses use the same car, a refund shall be made only to the person in charge of the vehicle, with an increase of 10% for each passenger.

5. Deputies travelling by car do so at their own risk. The Council of Europe disclaims all liability in respect of any accident that may occur during the journey.

III. DAILY ALLOWANCES

Article 7

1. During the meeting, Deputies shall be entitled to receive an allowance at a daily rate determined annually by the Committee of Ministers (the rate in force as from 1 January 2010 is €269). This rate is the same wherever the meeting takes place.

2. This allowance shall be deemed to cover all expenditure incurred by Deputies in attending meetings, except for the travel expenses provided for above. However, where in exceptional and duly justified circumstances, and with the prior approval of the Secretary General, total accommodation costs (room, breakfast and related taxes) amount to more than 60% of the total daily allowances payable in respect of the meeting, Deputies may submit a claim for a supplementary payment. Any such claim must be supported by original vouchers attesting the actual expenditure incurred for accommodation.

Article 8

1. The duration of the period conferring entitlement to the allowance shall be determined as follows:

      i. Deputies shall be entitled to the daily allowance for each 24-hour period covered by the duration of the journey to and from the meeting. The duration taken into account for the entitlement to daily allowances shall not exceed the shortest necessary for attendance at the meeting in accordance with the means of transport taken as the basis for the refund of travel expenses, as determined by the rules above.

      ii. The daily allowance shall not be payable for any period of less than 4 hours.

      iii. Where the duration of the journey is equal to or more than 4 hours but less than 8 hours and no hotel accommodation is involved, the Deputies shall be paid a quarter of the daily allowance. The same shall apply to any period equal to or more than 4 hours but less than 8 hours, in excess of 24 hours or any multiple of 24 hours.

      iv. Where the duration of the journey is equal to or more than 8 hours but less than 24 hours and no hotel accommodation is involved, the Deputies shall be paid half the daily allowance. The same shall apply to any period equal to or more than 8 hours but less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

      v. Where the duration of the journey is equal to or more than 4 hours but less than 24 hours and hotel accommodation is involved, the Deputies shall be paid the full amount of the daily allowance. The same shall apply to any period equal to or more than 4 hours and less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

2. In the case of air, rail and sea travel, the duration of the journey shall be increased, for the purpose of calculating the subsistence allowance, by a fixed period of 2 hours.

3. Deputies shall declare any meals or overnight accommodation provided to them free of charge. Where overnight accommodation or meals to Deputies are provided free of charge the daily allowance shall be reduced, unless the Secretary General decides otherwise, by the following amounts:

    - Overnight accommodation €134.5013 per night

    (50% of the daily allowance)

    - Main meal (lunch or dinner) €40.3514 per meal

(15% of the daily allowance)

IV. OTHER EXPENSES

Article 9

1. Other expenses incurred by Deputies in connection with their attendance at the meeting, such as visa fees and vaccination costs, which are strictly unavoidable, shall be reimbursed. Such claims shall be accompanied by evidence of the expenditure actually incurred.

2. Expenses related to insurance, representation, communication by telephone or fax, the use of the Internet and the rental of meeting rooms are not reimbursed.

V. SICKNESS AND ACCIDENT

Article 10

When travelling on behalf of the Council of Europe, Deputies are covered in respect of risks specifically related to such travel by insurance taken out by the Organisation on their behalf. They are nevertheless obliged in the first instance to exhaust all possibilities of payment of benefits due to them under the scheme to which they are affiliated in their own country in respect of illness and accident occurring during the journey and/or the meeting.

VI. REIMBURSEMENT

Article 11

The expenses referred to above shall be refunded upon submission of a claim certified true and correct by the Deputy, to which all vouchers required by the rules must be appended.

Appendix 11

(Item 11.3)

Revised rules

concerning the reimbursement of travel and subsistence expenses

to members of the European Committee for Social Rights

travelling at the charge of Council of Europe budgets

I. GENERAL PROVISIONS

Article 1

Travelling expenses shall be reimbursed and daily subsistence allowances paid in accordance with the present rules.

II. MEANS OF TRANSPORT AND TRAVELLING EXPENSES

Article 2

1. Members of the Committee (hereinafter referred to as the “members”) shall be entitled, as provided for below, to reimbursement of travel expenses incurred in travelling between the address specified in the notice of the meeting (hereinafter referred to as the “place of departure”), and the place of the meeting.

2. If, for personal or professional reasons, members travel to the meeting from a place other than their place of departure, or return to such a place after the meeting, the refund shall be restricted to the amount of expenses they would have incurred in travelling to or from their place of departure. In exceptional and duly justified circumstances, with the prior approval of the Secretary General, members may request reimbursement based on the actual itinerary.

3. Travelling expenses shall be refunded to only one member per meeting. If one member is replaced by another in the course of the meeting, the latter shall not be entitled to travel expenses.

Article 3

All claims for reimbursement of travel expenses for all means of transport must be accompanied by a copy of the relevant ticket and evidence of the expenditure actually incurred (for example, an original invoice or certified copy, credit card slip or statement). In no case shall the amount reimbursed exceed the actual expenditure incurred.

Article 4

1. Rail travel

The reimbursement of the first class rail fare is authorised. Where the duration of the journey is longer than 6 hours between 10 p.m. and 7 a.m., the cost of a sleeper may be reimbursed.

2. Air travel

Reimbursement shall be based on the business class fare.

Excess baggage charges are not refundable unless justified on grounds of official requirements.

3. Sea travel

The reimbursement of travel by sea shall not exceed the amount of the air fare as defined in paragraph 2 above. When members travel by car, the cost of transporting the car by sea shall not be reimbursed (see Article 6, paragraph 1).

Article 5

1. Transit fares in connection with changing from one means of transport to another and fares paid for travel between the place of departure and/or the place of the meeting and railway station or airport are provided for within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed. However, when such fares exceed 20% of the daily allowances paid, the difference may be reimbursed, subject to the prior approval of the Secretary General and on presentation of evidence of the expenditure actually incurred.

2. Local travel costs incurred during meeting days are provided within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed.

Article 6

1. Members travelling by means other than public transport a distance exceeding 30 kilometres per journey (one-way) shall be refunded a lump sum based on a kilometric allowance determined annually by the Committee of Ministers. Distances over 1600 kilometres for the return journey shall be refunded on the basis of the economy class air fare from the nearest airports, unless there is prior approval from the Secretary General authorising reimbursement based on the kilometric allowance. Journeys of less than 30 kilometres (one-way) are not reimbursed.

2. The journey time used as the basis for the calculation of daily allowances shall be the result of the number of kilometres divided by 90 and shall not exceed 24 hours.

3. Related costs, such as toll and parking fees, may only be reimbursed with the prior approval of the Secretary General and only where there is no other possible alternative. Such claims shall be accompanied by evidence of the expenditure actually incurred.

4. If two or more members entitled to claim expenses use the same car, a refund shall be made only to the person in charge of the vehicle, with an increase of 10% for each passenger.

5. Members travelling by car do so at their own risk. The Council of Europe disclaims all liability in respect of any accident that may occur during the journey.

III. DAILY ALLOWANCES

Article 7

1. During the meeting, members shall be entitled to receive an allowance at a daily rate determined annually by the Committee of Ministers (the rate in force as from 1 January 2010 is €323). This rate is the same wherever the meeting takes place. Non-meeting days shall be paid at the rate of €175.15

2. When members are called upon to attend in an official capacity meetings or events outside the programme of meetings of the European Committee for Social Rights, the daily allowance payable shall be €32316 and shall be applied in the same conditions as at paragraph 1 above. Where they are invited to attend in a personal capacity and authorisation is given for the reimbursement of their expenses at the charge of the Council of Europe's budget the daily allowance payable shall be €175.17

3. This allowance shall be deemed to cover all expenditure incurred by members in attending meetings, except for the travel expenses provided for above. However, where in exceptional and duly justified circumstances, and with the prior approval of the Secretary General, total accommodation costs (room, breakfast and related taxes) amount to more than 60% of the total daily allowances payable in respect of the meeting, members may submit a claim for a supplementary payment. Any such claim must be supported by original vouchers attesting the actual expenditure incurred on accommodation.

Article 8

1. The duration of the period conferring entitlement to the allowance shall be determined as follows:

      i. Members shall be entitled to the daily allowance for each 24-hour period covered by the duration of the journey to and from the meeting. The duration taken into account for the entitlement to daily allowances shall not exceed the shortest necessary for attendance at the meeting in accordance with the means of transport taken as the basis for the refund of travel expenses, as determined by the rules above.

      ii. The daily allowance shall not be payable for any period of less than 4 hours.

      iii. Where the duration of the journey is equal to or more than 4 hours but less than 8 hours and no hotel accommodation is involved, members shall be paid a quarter of the daily allowance. The same shall apply to any period equal to or more than 4 hours but less than 8 hours, in excess of 24 hours or any multiple of 24 hours.

      iv. Where the duration of the journey is equal to or more than 8 hours but less than 24 hours and no hotel accommodation is involved, members shall be paid half the daily allowance. The same shall apply to any period equal to or more than 8 hours but less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

      v. Where the duration of the journey is equal to or more than 4 hours but less than 24 hours and hotel accommodation is involved, members shall be paid the full amount of the daily allowance. The same shall apply to any period equal to or more than 4 hours and less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

2. In the case of air, rail and sea travel, the duration of the journey shall be increased, for the purpose of calculating the subsistence allowance, by a fixed period of 2 hours.

3. Members shall declare any meals or overnight accommodation provided to them free of charge. Where overnight accommodation or meals of members are provided free of charge the daily allowance shall be reduced, unless the Secretary General decides otherwise, by the following amounts:

    - Overnight accommodation €87.5018 per night

    (50% of the daily allowance)

    - Main meal (lunch or dinner) €26.2519 per meal

    (15% of the daily allowance)

IV. OTHER EXPENSES

Article 9

1. Other expenses incurred by members in connection with their attendance at the meeting, such as visa fees and vaccination costs, which are strictly unavoidable, shall be reimbursed. Such claims shall be accompanied by evidence of the expenditure actually incurred.

2. Expenses related to insurance, representation, communication by telephone or fax, the use of the Internet and the rental of meeting rooms are not reimbursed.

V. SICKNESS AND ACCIDENT

Article 10

When travelling on behalf of the Council of Europe, members are covered in respect of risks specifically related to such travel by insurance taken out by the Organisation on their behalf. They are nevertheless obliged in the first instance to exhaust all possibilities of payment of benefits due to them under the scheme to which they are affiliated in their own country in respect of illness and accident occurring during the journey and/or the meeting.

VI. REIMBURSEMENT

Article 11

The expenses referred to above shall be refunded upon submission of a claim certified true and correct by the member, to which all vouchers required by the rules must be appended.

Appendix 12

(Item 11.3)

Revised rules

concerning the reimbursement of travel and subsistence expenses

to members of the European Committee for the Prevention of Torture

travelling at the charge of Council of Europe budgets

I. GENERAL PROVISIONS

Article 1

Travelling expenses shall be reimbursed and daily subsistence allowances paid in accordance with the present rules.

II. MEANS OF TRANSPORT AND TRAVELLING EXPENSES

Article 2

1. Members of the Committee (hereinafter referred to as the “members”) shall be entitled, as provided for below, to reimbursement of travel expenses incurred in travelling between the address specified in the notice of the meeting (hereinafter referred to as the “place of departure”), and the place of the meeting, and in the case of a circuit of places of detention, expenses incurred by the round journey from the place of departure to the various places inspected or meeting venues and back.

2. If, for personal or professional reasons, members travel to the meeting (initial or final meeting place in the case of a circuit) from a place other than their place of departure, or return to such a place after the meeting, the refund shall be restricted to the amount of expenses they would have incurred in travelling to or from their place of departure. In exceptional and duly justified circumstances, with the prior approval of the Secretary General, members may request reimbursement based on the actual itinerary.

3. Travelling expenses shall be refunded to only one member per meeting. If one member is replaced by another in the course of the meeting, the latter shall not be entitled to travel expenses.

Article 3

All claims for reimbursement of travel expenses for all means of transport must be accompanied by a copy of the relevant ticket or a copy evidence of the expenditure actually incurred (for example, an original invoice or certified copy, credit card slip or statement). In no case shall the amount reimbursed exceed the actual expenditure incurred.

Article 4

1. Rail travel

The reimbursement of the first class rail fare is authorised. Where the duration of the journey is longer than 6 hours between 10 p.m. and 7 a.m., the cost of a sleeper may be reimbursed.

2. Air travel

Reimbursement shall be based on the business class fare.

Excess baggage charges are not refundable unless justified on grounds of official requirements.

3. Sea travel

The reimbursement of travel by sea shall not exceed the amount of the air fare as defined in paragraph 2 above. When members travel by car, the cost of transporting the car by sea shall not be reimbursed (see Article 6, paragraph 1).

Article 5

1. Transit fares in connection with changing from one means of transport to another and fares paid for travel between the place of departure and/or the place of the meeting (initial or final meeting place in the case of a circuit) and railway station or airport are provided for within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed. However, when such fares exceed 20% of the daily allowances paid, the difference may be reimbursed, subject to the prior approval of the Secretary General and on presentation of evidence of the expenditure actually incurred.

2. Local travel costs incurred during meeting days are provided within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed.

3. For inspections of places of detention or meetings in connection with such inspections, taxi fares may be refundable in particular cases. Refund shall be countenanced only where use of public transport would have been disadvantageous, or where no public transport was available, and shall be subject to submission of receipts clearly showing the place of departure and the place of arrival. No taxi fare shall be refundable except in the above cases.

Article 6

1. Members travelling by means other than public transport a distance exceeding 30 kilometres per journey (one-way) shall be refunded a lump sum based on a kilometric allowance determined annually by the Committee of Ministers. Distances over 1600 kilometres for the return journey shall be refunded on the basis of the economy class air fare from the nearest airports, unless there is prior approval from the Secretary General authorising reimbursement based on the kilometric allowance. Journeys of less than 30 kilometres (one-way) are not reimbursed.

2. The journey time used as the basis for the calculation of daily allowances shall be the result of the number of kilometres divided by 90 and shall not exceed 24 hours.

3. Related costs, such as toll and parking fees, may only be reimbursed with the prior approval of the Secretary General and only where there is no other possible alternative. Such claims shall be accompanied by evidence of the expenditure actually incurred.

4. If two or more members entitled to claim expenses use the same car, a refund shall be made only to the person in charge of the vehicle, with an increase of 10% for each passenger.

5. Members travelling by car do so at their own risk. The Council of Europe disclaims all liability in respect of any accident that may occur during the journey.

III. DAILY ALLOWANCES

Article 7

1. During the meeting or visit, members shall be entitled to receive an allowance at a daily rate determined annually by the Committee of Ministers (the rate in force as from 1 January 2010 is €323). This rate is the same wherever the meeting takes place. Non-meeting or visit days shall be paid at the rate of €175.20

2. When members are called upon to attend in an official capacity meetings or events outside of the programme of meetings and visits of the Committee, the daily allowance payable shall be €32321 and shall be applied in the same conditions as at paragraph 1 above. Where they are invited to attend in a personal capacity and authorisation is given for the reimbursement of their expenses at the charge of the Council of Europe's budget the daily allowance payable shall be €175.22

3. This allowance shall be deemed to cover all expenditure incurred by members in attending meetings or visits, except for the travel expenses provided for above. However, where in exceptional and duly justified circumstances, and with the prior approval of the Secretary General, total accommodation costs (room, breakfast and related taxes) amount to more than 60% of the total daily allowances payable in respect of the meeting, members may submit a claim for a supplementary payment. Any such claim must be supported by original vouchers attesting the actual expenditure incurred for accommodation.

Article 8

1. The duration of the period conferring entitlement to the allowance shall be determined as follows:

      i. Members shall be entitled to the daily allowance for each 24-hour period covered by the duration of the journey to and from the meeting. The duration taken into account for the entitlement to daily allowances shall not exceed the shortest necessary for attendance at the meeting in accordance with the means of transport taken as the basis for the refund of travel expenses, as determined by the rules above.

      ii. The daily allowance shall not be payable for any period of less than 4 hours.

      iii. Where the duration of the journey is equal to or more than 4 hours but less than 8 hours and no hotel accommodation is involved, members shall be paid a quarter of the daily allowance. The same shall apply to any period equal to or more than 4 hours but less than 8 hours, in excess of 24 hours or any multiple of 24 hours.

      iv. Where the duration of the journey is equal to or more than 8 hours but less than 24 hours and no hotel accommodation is involved, members shall be paid half the daily allowance. The same shall apply to any period equal to or more than 8 hours but less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

      v. Where the duration of the journey is equal to or more than 4 hours but less than 24 hours and hotel accommodation is involved, members shall be paid the full amount of the daily allowance. The same shall apply to any period equal to or more than 4 hours and less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

2. In the case of air, rail and sea travel, the duration of the journey shall be increased, for the purpose of calculating the subsistence allowance, by a fixed period of 2 hours.

3. Members shall declare any meals or overnight accommodation provided to them free of charge. Where overnight accommodation or meals of members are provided free of charge the daily allowance shall be reduced, unless the Secretary General decides otherwise, by the following amounts:

    - Overnight accommodation €87.5023 per night

    (50% of the daily allowance)

    - Main meal (lunch or dinner) €26.2524 per meal

    (15% of the daily allowance)

IV. OTHER EXPENSES

Article 9

1. Other expenses incurred by members in connection with their attendance at the meeting, such as visa fees and vaccination costs, which are strictly unavoidable, shall be reimbursed. Such claims shall be accompanied by evidence of the expenditure actually incurred.

2. Expenses related to insurance, representation, communication by telephone or fax, the use of the Internet and the rental of meeting rooms are not reimbursed.

V. SICKNESS AND ACCIDENT

Article 10

When travelling on behalf of the Council of Europe, members are covered in respect of risks specifically related to such travel by insurance taken out by the Organisation on their behalf. They are nevertheless obliged in the first instance to exhaust all possibilities of payment of benefits due to them under the scheme to which they are affiliated in their own country in respect of illness and accident occurring during the journey and/or the meeting.

VI. REIMBURSEMENT

Article 11

The expenses referred to above shall be refunded upon submission of a claim certified true and correct by the member, to which all vouchers required by the rules must be appended.

Appendix 13

(Item 11.3)

Revised rules

concerning the reimbursement of travel and subsistence expenses

to experts assisting the European Committee for the Prevention of Torture

travelling at the charge of Council of Europe budgets

I. GENERAL PROVISIONS

Article 1

Experts assisting the Committee (hereinafter referred to as the “experts”) travelling on Council of Europe business and at the Council's expense shall arrange their journeys in the most economical manner. Travelling expenses shall be reimbursed and daily subsistence allowances paid in accordance with the present rules.

II. MEANS OF TRANSPORT AND TRAVELLING EXPENSES

Article 2

1. Experts shall be entitled, as provided for below, to reimbursement of travel expenses incurred in travelling between the address specified in the notice of the meeting (hereinafter referred to as the “place of departure”), and the place of the meeting, and in the case of a circuit of places of detention, expenses incurred by the round journey from the place of residence to the various places inspected or meeting venues and back.

2. If, for personal or professional reasons, experts travel to the meeting (initial or final meeting place in the case of a circuit) from a place other than their place of departure, or return to such a place after the meeting, the refund shall be restricted to the amount of expenses they would have incurred in travelling to or from their place of departure. In exceptional and duly justified circumstances, with the prior approval of the Secretary General, experts may request reimbursement based on the actual itinerary.

3. Travelling expenses shall be refunded to only one expert per meeting. If one expert is replaced by another in the course of the meeting, the latter shall not be entitled to travel expenses.

Article 3

All claims for reimbursement of travel expenses for all means of transport must be accompanied by a copy of the relevant ticket and evidence of the expenditure actually incurred (for example, an original invoice or certified copy, credit card slip or statement). In no case shall the amount reimbursed exceed the actual expenditure incurred.

Article 4

1. Rail travel

The reimbursement of the first class rail fare is authorised. Where the duration of the journey is longer than 6 hours between 10 p.m. and 7 a.m., the cost of a sleeper may be reimbursed.

2. Air travel

Reimbursement shall be based on the economy class fare.

However, reimbursement may be based on the business class fare in the following circumstances:

- for single flights lasting more than 7 hours;

- for more than 15 hours travelling time (more than one flight plus stopovers);

- for health reasons attested by a medical certificate, which must be submitted with the claim form.

The flight itinerary must be presented to justify the duration of flying time or total travelling time, as appropriate.

Excess baggage charges are not refundable unless justified on grounds of official requirements.

3. Sea travel

The reimbursement of travel by sea shall not exceed the amount of the air fare as defined in paragraph 2 above. When experts travel by car, the cost of transporting the car by sea shall not be reimbursed (see Article 6, paragraph 1).

Article 5

1. Transit fares in connection with changing from one means of transport to another and fares paid for travel between place of departure and/or the place of the meeting (initial or final meeting place in the case of a circuit) and railway station or airport are provided for within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed. However, when such fares exceed 20% of the daily allowances paid, the difference may be reimbursed, subject to the prior approval of the Secretary General and on presentation of evidence of the expenditure actually incurred.

2. Local travel costs incurred during meeting days are provided within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed.

3. For inspections of places of detention or meetings in connection with such inspections, taxi fares may be refundable in particular cases. Refund shall be countenanced only where use of public transport would have been disadvantageous, or where no public transport was available, and shall be subject to submission of receipts clearly showing the place of departure and the place of arrival. No taxi fare shall be refundable except in the above cases.

Article 6

1. Experts travelling by means other than public transport a distance exceeding 30 kilometres per journey (one-way) shall be refunded a lump sum based on a kilometric allowance determined annually by the Committee of Ministers. Distances over 1600 kilometres for the return journey shall be refunded on the basis of the economy class air fare from the nearest airports, unless there is prior approval from the Secretary General authorising reimbursement based on the kilometric allowance. Journeys of less than 30 kilometres (one-way) are not reimbursed.

2. The journey time used as the basis for the calculation of daily allowances shall be the result of the number of kilometres divided by 90 and shall not exceed 24 hours.

3. Related costs, such as toll and parking fees, may only be reimbursed with the prior approval of the Secretary General and only where there is no other possible alternative. Such claims shall be accompanied by evidence of the expenditure actually incurred.

4. If two or more experts entitled to claim expenses use the same car, a refund shall be made only to the person in charge of the vehicle, with an increase of 10% for each passenger.

5. Experts travelling by car do so at their own risk. The Council of Europe disclaims all liability in respect of any accident that may occur during the journey.

III. DAILY ALLOWANCES

Article 7

1. During the meeting or visit, experts shall be entitled to receive an allowance at a daily rate determined annually by the Committee of Ministers (the rate in force as from 1 January 2010 is €323). This rate is the same wherever the meeting takes place. Non-meeting or visit days shall be paid at the rate of €175.25

2. When experts are called upon to attend in an official capacity meetings or events outside of the programme of meetings and visits of the Committee, the daily allowance payable shall be €32326 and shall be applied in the same conditions as at paragraph 1 above. Where they are invited to attend in a personal capacity and authorisation is given for the reimbursement of their expenses at the charge of the Council of Europe's budget the daily allowance payable shall be €175.27

3. This allowance shall be deemed to cover all expenditure incurred by experts in attending meetings or visits, except for the travel expenses provided for above. However, where in exceptional and duly justified circumstances, and with the prior approval of the Secretary General, total accommodation costs (room, breakfast and related taxes) amount to more than 60% of the total daily allowances payable in respect of the meeting, experts may submit a claim for a supplementary payment. Any such claim must be supported by original vouchers attesting the actual expenditure incurred accommodation.

Article 8

1. The duration of the period conferring entitlement to the allowance shall be determined as follows:

      i. Experts shall be entitled to the daily allowance for each 24-hour period covered by the duration of the journey to and from the meeting. The duration taken into account for the entitlement to daily allowances shall not exceed the shortest necessary for attendance at the meeting in accordance with the means of transport taken as the basis for the refund of travel expenses, as determined by the rules above.

      ii. The daily allowance shall not be payable for any period of less than 4 hours.

      iii. Where the duration of the journey is equal to or more than 4 hours but less than 8 hours and no hotel accommodation is involved, experts shall be paid a quarter of the daily allowance. The same shall apply to any period equal to or more than 4 hours but less than 8 hours, in excess of 24 hours or any multiple of 24 hours.

      iv. Where the duration of the journey is equal to or more than 8 hours but less than 24 hours and no hotel accommodation is involved, experts shall be paid half the daily allowance. The same shall apply to any period equal to or more than 8 hours but less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

      v. Where the duration of the journey is equal to or more than 4 hours but less than 24 hours and hotel accommodation is involved, experts shall be paid the full amount of the daily allowance. The same shall apply to any period equal to or more than 4 hours and less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

2. In the case of air, rail and sea travel, the duration of the journey shall be increased, for the propose of calculating the subsistence allowance, by a fixed period of 2 hours.

3. Experts shall declare any meals or overnight accommodation provided free of charge. Where overnight accommodation or meals of experts are provided free of charge the daily allowance shall be reduced, unless the Secretary General decides otherwise, by the following amounts:

    - Overnight accommodation €87.5028 per night

    (50% of the daily allowance)

    - Main meal (lunch or dinner) €26.2529per meal

    (15% of the daily allowance)

IV. OTHER EXPENSES

Article 9

1. Other expenses incurred by experts in connection with their attendance at the meeting, such as visa fees and vaccination costs, which are strictly unavoidable, shall be reimbursed. Such claims shall be accompanied by evidence of the expenditure actually incurred.

2. Expenses related to insurance, representation, communication by telephone or fax, the use of the Internet and the rental of meeting rooms are not reimbursed.

V. SICKNESS AND ACCIDENT

Article 10

When travelling on behalf of the Council of Europe, experts are covered in respect of risks specifically related to such travel by insurance taken out by the Organisation on their behalf. They are nevertheless obliged in the first instance to exhaust all possibilities of payment of benefits due to them under the scheme to which they are affiliated in their own country in respect of illness and accident occurring during the journey and/or the meeting.

VI. REIMBURSEMENT

Article 11

The expenses referred to above shall be refunded upon submission of a claim certified true and correct by the expert, to which all vouchers required by the rules must be appended.

Appendix 14

(Item 11.3)

Revised rules

concerning the reimbursement of travel and subsistence expenses

to members of the Administrative Tribunal

travelling at the charge of Council of Europe budgets

I. GENERAL PROVISIONS

Article 1

Members of the Administrative Tribunal (hereinafter referred to as the “members”) travelling on Council of Europe business and at the Council's expense shall arrange their journeys in the most economical manner. Travelling expenses shall be reimbursed and daily subsistence allowances paid in accordance with the present rules.

II. MEANS OF TRANSPORT AND TRAVELLING EXPENSES

Article 2

1. Members shall be entitled, as provided for below, to reimbursement of travel expenses incurred in travelling between the address specified in the notice of the meeting (hereinafter referred to as the “place of departure”) and the place of the meeting

2. If, for personal or professional reasons, members travel to the meeting from a place other than their place of departure, or return to such a place after the meeting, the refund shall be restricted to the amount of expenses they would have incurred in travelling to or from their place of departure. In exceptional and duly justified circumstances, with the prior approval of the Secretary General, members may request reimbursement based on the actual itinerary.

3. Travelling expenses shall be refunded to only one member per meeting. If one member is replaced by another in the course of the meeting, the latter shall not be entitled to travel expenses.

Article 3

All claims for reimbursement of travel expenses for all means of transport must be accompanied by a copy of the relevant ticket and evidence of the expenditure actually incurred (for example, an original invoice or certified copy, credit card slip or statement). In no case shall the amount reimbursed exceed the actual expenditure incurred.

Article 4

1. Rail travel

The reimbursement of the first class rail fare is authorised. Where the duration of the journey is longer than 6 hours between 10 p.m. and 7 a.m., the cost of a sleeper may be reimbursed.

2. Air travel

Reimbursement shall be based on the economy class fare.

However, reimbursement may be based on the business class fare in the following circumstances:

- for single flights lasting more than 7 hours;

- for more than 15 hours travelling time (more than one flight plus stopovers);

- for health reasons attested by a medical certificate, which must be submitted with the claim form.

The flight itinerary must be presented to justify the duration of flying time or total travelling time, as appropriate.

Excess baggage charges are not refundable unless justified on grounds of official requirements.

3. Sea travel

The reimbursement of travel by sea shall not exceed the amount of the air fare as defined in paragraph 2 above. When members travel by car, the cost of transporting the car by sea shall not be reimbursed (see Article 6, paragraph 1).

Article 5

1. Transit fares in connection with changing from one means of transport to another and fares paid for travel between place of departure and/or the place of the meeting and railway station or airport are provided for within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed. However, when such fares exceed 20% of the daily allowances paid, the difference may be reimbursed, subject to the prior approval of the Secretary General and on presentation of evidence of the expenditure actually incurred.

2. Local travel costs incurred during meeting days are provided within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed.

Article 6

1. Members travelling by means other than public transport a distance exceeding 30 kilometres per journey (one-way) shall be refunded a lump sum based on a kilometric allowance determined annually by the Committee of Ministers. Distances over 1600 kilometres for the return journey shall be refunded on the basis of the economy class air fare from the nearest airports, unless there is prior approval from the Secretary General authorising reimbursement based on the kilometric allowance. Journeys of less than 30 kilometres (one-way) are not reimbursed.

2. The journey time used as the basis for the calculation of daily allowances shall be the result of the number of kilometres divided by 90 and shall not exceed 24 hours.

3. Related costs, such as toll and parking fees, may only be reimbursed with the prior approval of the Secretary General and only where there is no other possible alternative. Such claims shall be accompanied by evidence of the expenditure actually incurred.

4. If two or more members entitled to claim expenses use the same car, a refund shall be made only to the person in charge of the vehicle, with an increase of 10% for each passenger.

5. Members travelling by car do so at their own risk. The Council of Europe disclaims all liability in respect of any accident that may occur during the journey.

III. DAILY ALLOWANCES

Article 7

1. During the meeting, members shall be entitled to receive an allowance at a daily rate determined annually by the Committee of Ministers (the rate in force as from 1 January 2010 is €323). This rate is the same wherever the meeting takes place. Non-meeting days shall be paid at the rate of €175.30

2 When members are called upon to attend in an official capacity meetings or events outside the programme of meetings of the Administrative Tribunal, the daily allowance payable shall be €32331 and shall be applied in the same conditions as at paragraph 1 above. When they are invited to attend in a personal capacity and authorisation is given for the reimbursement of their expenses at the charge of the Council of Europe's budget the daily allowance payable shall be €175.32

3. This allowance shall be deemed to cover all expenditure incurred by members in attending meetings, except for the travel expenses provided for above. However, where in exceptional and duly justified circumstances, and with the prior approval of the Secretary General, total accommodation costs (room, breakfast and related taxes) amount to more than 60% of the total daily allowances payable in respect of the meeting, members may submit a claim for a supplementary payment. Any such claim must be supported by original vouchers attesting the actual expenditure incurred on accommodation.

Article 8

1. The duration of the period conferring entitlement to the allowance shall be determined as follows:

      i. Members shall be entitled to the daily allowance for each 24-hour period covered by the duration of the journey to and from the meeting. The duration taken into account for the entitlement to daily allowances shall not exceed the shortest necessary for attendance at the meeting in accordance with the means of transport taken as the basis for the refund of travel expenses, as determined by the rules above.

      ii. The daily allowance shall not be payable for any period of less than 4 hours.

      iii. Where the duration of the journey is equal to or more than 4 hours but less than 8 hours and no hotel accommodation is involved, members shall be paid a quarter of the daily allowance. The same shall apply to any period equal to or more than 4 hours but less than 8 hours, in excess of 24 hours or any multiple of 24 hours.

      iv. Where the duration of the journey is equal to or more than 8 hours but less than 24 hours and no hotel accommodation is involved, members shall be paid half the daily allowance. The same shall apply to any period equal to or more than 8 hours but less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

      v. Where the duration of the journey is equal to or more than 4 hours but less than 24 hours and hotel accommodation is involved, members shall be paid the full amount of the daily allowance. The same shall apply to any period equal to or more than 4 hours and less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

2. In the case of air, rail and sea travel, the duration of the journey shall be increased, for the purpose of calculating the subsistence allowance, by a fixed period of 2 hours.

3. Members shall declare any meals or overnight accommodation provided free of charge. Where overnight accommodation or meals of members are provided free of charge the daily allowance shall be reduced, unless the Secretary General decides otherwise, by the following amounts:

    - Overnight accommodation €87.5033 per night

    (50% of the daily allowance)

    - Main meal (lunch or dinner) €26.2534 per meal

    (15% of the daily allowance)

IV. OTHER EXPENSES

Article 9

1. Other expenses incurred by members in connection with their attendance at the meeting, such as visa fees and vaccination costs, which are strictly unavoidable, shall be reimbursed. Such claims shall be accompanied by evidence of the expenditure actually incurred.

2. Expenses related to insurance, representation, communication by telephone or fax, the use of the Internet and the rental of meeting rooms are not reimbursed.

V. SICKNESS AND ACCIDENT

Article 10

When travelling on behalf of the Council of Europe, members are covered in respect of risks specifically related to such travel by insurance taken out by the Organisation on their behalf. They are nevertheless obliged in the first instance to exhaust all possibilities of payment of benefits due to them under the scheme to which they are affiliated in their own country in respect of illness and accident occurring during the journey and/or the meeting.

VI. REIMBURSEMENT

Article 11

The expenses referred to above shall be refunded upon submission of a claim certified true and correct by the member, to which all vouchers required by the rules must be appended.

Appendix 15

(Item 11.3)

Revised rules

concerning the reimbursement of travel and subsistence expenses

to the Data Protection Commissioner

travelling at the charge of Council of Europe budgets

I. GENERAL PROVISIONS

Article 1

The Data Protection Commissioner (hereinafter referred to as the “Commissioner”) travelling on Council of Europe business and at the Council's expense shall arrange his or her journey in the most economical manner. Travelling expenses shall be reimbursed and daily subsistence allowances paid in accordance with the present rules.

II. MEANS OF TRANSPORT AND TRAVELLING EXPENSES

Article 2

1. The Commissioner shall be entitled, as provided for below, to reimbursement of travel expenses incurred in travelling between the address specified in the notice of the meeting (hereinafter referred to as the “place of departure”), and the place of the meeting.

2. If, for personal or professional reasons, the Commissioner travels to the meeting from a place other than his or her place of departure, or returns to such a place after the meeting, the refund shall be restricted to the amount of expenses he or she would have incurred in travelling to or from his or her place of departure. In exceptional and duly justified circumstances, with the prior approval of the Secretary General, the Commissioner may request reimbursement based on the actual itinerary.

3. Travelling expenses shall not be reimbursed more than once per meeting.

Article 3

All claims for reimbursement of travel expenses for all means of transport must be accompanied by a copy of the relevant ticket and evidence of the expenditure actually incurred (for example, an original invoice or certified copy, credit card slip or statement). In no case shall the amount reimbursed exceed the actual expenditure incurred.

Article 4

1. Rail travel

The reimbursement of the first class rail fare is authorised. Where the duration of the journey is longer than 6 hours between 10 p.m. and 7 a.m., the cost of a sleeper may be reimbursed.

2. Air travel

Reimbursement shall be based on the economy class fare.

However, reimbursement may be based on the business class fare in the following circumstances:

- for single flights lasting more than 7 hours;

- for more than 15 hours travelling time (more than one flight plus stopovers);

- for health reasons attested by a medical certificate, which must be submitted with the claim form.

The flight itinerary must be presented to justify the duration of flying time or total travelling time, as appropriate.

Excess baggage charges are not refundable unless justified on grounds of official requirements.

3. Sea travel

The reimbursement of travel by sea shall not exceed the amount of the air fare as defined in paragraph 2 above. When the Commissioner travels by car, the cost of transporting the car by sea shall not be reimbursed (see Article 6, paragraph 1).

Article 5

1. Transit fares in connection with changing from one means of transport to another and fares paid for travel between the place of departure and/or the place of the meeting and railway station or airport are provided for within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed. However, when such fares exceed 20% of the daily allowances paid, the difference may be reimbursed, subject to the prior approval of the Secretary General and on presentation of evidence of the expenditure actually incurred.

2. Local travel costs incurred during meeting days are provided within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed.

Article 6

1. The Commissioner travelling by means other than public transport a distance exceeding 30 kilometres per journey (one-way) shall be refunded a lump sum based on a kilometric allowance determined annually by the Committee of Ministers. Distances over 1600 kilometres for the return journey shall be refunded on the basis of the economy class air fare from the nearest airports, unless there is prior approval from the Secretary General authorising reimbursement based on the kilometric allowance. Journeys of less than 30 kilometres (one-way) are not reimbursed.

2. The journey time used as the basis for the calculation of daily allowances shall be the result of the number of kilometres divided by 90 and shall not exceed 24 hours.

3. Related costs, such as toll and parking fees, may only be reimbursed with the prior approval of the Secretary General and only where there is no other possible alternative. Such claims shall be accompanied by evidence of the expenditure actually incurred.

4. If the Commissioner travels by car he or she does so at his or her own risk. The Council of Europe disclaims all liability in respect of any accident that may occur during the journey.

III. DAILY ALLOWANCES

Article 7

1. During the meeting, the Commissioner shall be entitled to receive an allowance at a daily rate determined annually by the Committee of Ministers (the rate in force as from 1 January 2010 is €323). This rate is the same wherever the meeting takes place. Non-meeting days shall be paid at the rate of €175.35

2 When the Commissioner is called upon to attend in an official capacity meetings or events outside the normal programme, the daily allowance payable shall be €32336 and shall be applied in the same conditions as at paragraph 1 above. When he or she is invited to attend in a personal capacity and authorisation is given for the reimbursement of his expenses at the charge of the Council of Europe's budget, the daily allowance payable shall be €175.37

3. This allowance shall be deemed to cover all expenditure incurred by the Commissioner in attending meetings, except for the travel expenses provided for above. However, where in exceptional and duly justified circumstances, and with the prior approval of the Secretary General, total accommodation costs (room, breakfast and related taxes) amount to more than 60% of the total daily allowances payable in respect of the meeting, the Commissioner may submit a claim for a supplementary payment. Any such claim must be supported by original vouchers attesting the actual expenditure incurred for accommodation.

Article 8

1. The duration of the period conferring entitlement to the allowance shall be determined as follows:

      i. The Commissioner shall be entitled to the daily allowance for each 24-hour period covered by the duration of the journey to and from the meeting. The duration taken into account for the entitlement to daily allowances shall not exceed the shortest necessary for attendance at the meeting in accordance with the means of transport taken as the basis for the refund of travel expenses, as determined by the rules above.

      ii. The daily allowance shall not be payable for any period of less than 4 hours.

      iii. Where the duration of the journey is equal to or more than 4 hours but less than 8 hours and no hotel accommodation is involved, the Commissioner shall be paid a quarter of the daily allowance. The same shall apply to any period equal to or more than 4 hours but less than 8 hours, in excess of 24 hours or any multiple of 24 hours.

      iv. Where the duration of the journey is equal to or more than 8 hours but less than 24 hours and no hotel accommodation is involved, the Commissioner shall be paid half the daily allowance. The same shall apply to any period equal to or more than 8 hours but less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

      v. Where the duration of the journey is equal to or more than 4 hours but less than 24 hours and hotel accommodation is involved, the Commissioner shall be paid the full amount of the daily allowance. The same shall apply to any period equal to or more than 4 hours and less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

2. In the case of air, rail and sea travel, the duration of the journey shall be increased, for the purpose of calculating the subsistence allowance, by a fixed period of 2 hours.

3. The Commissioner shall declare any meals or overnight accommodation provided free of charge. Where overnight accommodation or meals of the Commissioner are provided free of charge the daily allowance shall be reduced, unless the Secretary General decides otherwise, by the following amounts:

    - Overnight accommodation €87.5038 per night

    (50% of the daily allowance)

    - Main meal (lunch or dinner) €26.2539 per meal

    (15% of the daily allowance)

IV. OTHER EXPENSES

Article 9

1. Other expenses incurred by the Commissioner in connection with his or her attendance at the meeting, such as visa fees and vaccination costs, which are strictly unavoidable, shall be reimbursed. Such claims shall be accompanied by evidence of the expenditure actually incurred.

2. Expenses related to insurance, representation, communication by telephone or fax, the use of the Internet and the rental of meeting rooms are not reimbursed.

V. SICKNESS AND ACCIDENT

Article 10

When travelling on behalf of the Council of Europe, the Commissioner is covered in respect of risks specifically related to such travel by insurance taken out by the Organisation on his or her behalf. He or she is nevertheless obliged in the first instance to exhaust all possibilities of payment of benefits due to him or her under the scheme to which they are affiliated in his or her own country in respect of illness and accident occurring during the journey and/or the meeting.

VI. REIMBURSEMENT

Article 11

The expenses referred to above shall be refunded upon submission of a claim certified true and correct by the Commissioner, to which all vouchers required by the rules must be appended.

Appendix 16

(Item 11.3)

Revised rules

concerning the reimbursement of travel and subsistence expenses to

members of the Committee of Experts of the European Charter for Regional or Minority Languages,

members of the European Commission against Racism and Intolerance,

members and additional members of the Advisory Committee for the Framework Convention for the Protection of National Minorities, and

members of the group of Experts on Action against Trafficking in Human Beings

travelling at the charge of Council of Europe budgets

I. GENERAL PROVISIONS

Article 1

Members of the Committee (hereinafter referred to as the “members”) travelling on Council of Europe business and at the Council's expense shall arrange their journeys in the most economical manner. Travelling expenses shall be reimbursed and daily subsistence allowances paid in accordance with the present rules.

II. MEANS OF TRANSPORT AND TRAVELLING EXPENSES

Article 2

1. Members shall be entitled, as provided for below, to reimbursement of travel expenses incurred in travelling between the address specified in the notice of the meeting (hereinafter referred to as the “place of departure”), and the place of the meeting.

2. If, for personal or professional reasons, members travel to the meeting from a place other than their place of departure, or return to such a place after the meeting, the refund shall be restricted to the amount of expenses they would have incurred in travelling to or from their place of departure. In exceptional and duly justified circumstances, with the prior approval of the Secretary General, members may request reimbursement based on the actual itinerary.

3. Travelling expenses shall be refunded to only one member per meeting. If one member is replaced by another in the course of the meeting, the latter shall not be entitled to travel expenses.

Article 3

All claims for reimbursement of travel expenses for all means of transport must be accompanied by a copy of the relevant ticket and evidence of the expenditure actually incurred (for example, an original invoice or certified copy, credit card slip or statement). In no case shall the amount reimbursed exceed the actual expenditure incurred.

Article 4

1. Rail travel

The reimbursement of the first class rail fare is authorised. Where the duration of the journey is longer than 6 hours between 10 p.m. and 7 a.m., the cost of a sleeper may be reimbursed.

2. Air travel

Reimbursement shall be based on the economy class fare.

However, reimbursement may be based on the business class fare in the following circumstances:

- for single flights lasting more than 7 hours;

- for more than 15 hours travelling time (more than one flight plus stopovers);

- for health reasons attested by a medical certificate, which must be submitted with the claim form.

The flight itinerary must be presented to justify the duration of flying time or total travelling time, as appropriate.

Excess baggage charges are not refundable unless justified on grounds of official requirements.

3. Sea travel

The reimbursement of travel by sea shall not exceed the amount of the air fare as defined in paragraph 2 above. When members travel by car, the cost of transporting the car by sea shall not be reimbursed (see Article 6, paragraph 1).

Article 5

1. Transit fares in connection with changing from one means of transport to another and fares paid for travel between the place of departure and/or the place of the meeting and railway station or airport are provided for within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed. However, when such fares exceed 20% of the daily allowances paid, the difference may be reimbursed, subject to the prior approval of the Secretary General and on presentation of evidence of the expenditure actually incurred.

2. Local travel costs incurred during meeting days are provided within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed.

Article 6

1. Members travelling by means other than public transport a distance exceeding 30 kilometres per journey (one-way) shall be refunded a lump sum based on a kilometric allowance determined annually by the Committee of Ministers. Distances over 1600 kilometres for the return journey shall be refunded on the basis of the economy class air fare from the nearest airports, unless there is prior approval from the Secretary General authorising reimbursement based on the kilometric allowance. Journeys of less than 30 kilometres (one-way) are not reimbursed.

2. The journey time used as the basis for the calculation of daily allowances shall be the result of the number of kilometres divided by 90 and shall not exceed 24 hours.

3. Related costs, such as toll and parking fees, may only be reimbursed with the prior approval of the Secretary General and only where there is no other possible alternative. Such claims shall be accompanied by evidence of the expenditure actually incurred.

4. If two or more members entitled to claim expenses use the same car, a refund shall be made only to the person in charge of the vehicle, with an increase of 10% for each passenger.

5. Members travelling by car do so at their own risk. The Council of Europe disclaims all liability in respect of any accident that may occur during the journey.

III. DAILY ALLOWANCES

Article 7

1. During the meeting, members shall be entitled to receive an allowance at a daily rate determined annually by the Committee of Ministers (the rate in force as from 1 January 2010 is €323). This rate is the same wherever the meeting takes place. Non-meeting days shall be paid at the rate of €175.40

2. When members are called upon to attend in an official capacity meetings or events outside the programme of meetings of the Committee, the daily allowance payable shall be €32341 and shall be applied in the same conditions as at paragraph 1 above. Where they are invited to attend in a personal capacity and authorisation is given for the reimbursement of their expenses at the charge of the Council of Europe's budget, the daily allowance payable shall be €175.42

3. This allowance shall be deemed to cover all expenditure incurred by members in attending meetings, except for the travel expenses provided for above. However, where in exceptional and duly justified circumstances, and with the prior approval of the Secretary General, total accommodation costs (room, breakfast and related taxes) amount to more than 60% of the total daily allowances payable in respect of the meeting, members may submit a claim for a supplementary payment. Any such claim must be supported by original vouchers attesting the actual expenditure incurred on accommodation.

Article 8

1. The duration of the period conferring entitlement to the allowance shall be determined as follows:

      i. Members shall be entitled to the daily allowance for each 24-hour period covered by the duration of the journey to and from the meeting. The duration taken into account for the entitlement to daily allowances shall not exceed the shortest necessary for attendance at the meeting in accordance with the means of transport taken as the basis for the refund of travel expenses, as determined by the rules above.

      ii. The daily allowance shall not be payable for any period of less than 4 hours.

      iii. Where the duration of the journey is equal to or more than 4 hours but less than 8 hours and no hotel accommodation is involved, members shall be paid a quarter of the daily allowance. The same shall apply to any period equal to or more than 4 hours but less than 8 hours, in excess of 24 hours or any multiple of 24 hours.

      iv. Where the duration of the journey is equal to or more than 8 hours but less than 24 hours and no hotel accommodation is involved, members shall be paid half the daily allowance. The same shall apply to any period equal to or more than 8 hours but less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

      v. Where the duration of the journey is equal to or more than 4 hours but less than 24 hours and hotel accommodation is involved, members shall be paid the full amount of the daily allowance. The same shall apply to any period equal to or more than 4 hours and less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

2. In the case of air, rail and sea travel, the duration of the journey shall be increased, for the purpose of calculating the subsistence allowance, by a fixed period of 2 hours.

3. Members shall declare any meals or overnight accommodation provided free of charge. Where overnight accommodation or meals of members are provided free of charge the daily allowance shall be reduced, unless the Secretary General decides otherwise, by the following amounts:

    - Overnight accommodation €87.5043 per night

    (50% of the daily allowance)

    - Main meal (lunch or dinner) €26.2544 per meal

    (15% of the daily allowance)

IV. OTHER EXPENSES

Article 9

1. Other expenses incurred by members in connection with their attendance at the meeting, such as visa fees and vaccination costs, which are strictly unavoidable, shall be reimbursed. Such claims shall be accompanied by evidence of the expenditure actually incurred.

2. Expenses related to insurance, representation, communication by telephone or fax, the use of the Internet and the rental of meeting rooms are not reimbursed.

V. SICKNESS AND ACCIDENT

Article 10

When travelling on behalf of the Council of Europe, members are covered in respect of risks specifically related to such travel by insurance taken out by the Organisation on their behalf. They are nevertheless obliged in the first instance to exhaust all possibilities of payment of benefits due to them under the scheme to which they are affiliated in their own country in respect of illness and accident occurring during the journey and/or the meeting.

VI. REIMBURSEMENT

Article 11

The expenses referred to above shall be refunded upon submission of a claim certified true and correct by the member, to which all vouchers required by the rules must be appended.

Appendix 17

(Item 11.3)

Revised rules

concerning the reimbursement of travel and subsistence expenses

to members of the Congress of Local and Regional Authorities of the Council of Europe

travelling at the charge of Council of Europe budgets

I. GENERAL PROVISIONS

Article 1

Members of the Congress (hereinafter referred to as the “members”) travelling on Council of Europe business and at the Council's expense shall arrange their journeys in the most economical manner. Travelling expenses shall be reimbursed and daily subsistence allowances paid in accordance with the present rules.

II. MEANS OF TRANSPORT AND TRAVELLING EXPENSES

Article 2

1. Members shall be entitled, as provided for below, to reimbursement of travel expenses incurred in travelling between the address specified in the notice of the meeting (hereinafter referred to as the “place of departure”), and the place of the meeting.

2. If, for personal or professional reasons, members travel to the meeting from a place other than their place of departure or return to such a place after the meeting, the refund shall be restricted to the amount of expenses they would have incurred in travelling to or from their place of departure. In exceptional and duly justified circumstances, with the prior approval of the Secretary General, members may request reimbursement based on the actual itinerary.

3. Travelling expenses shall be refunded to only one member per meeting. If one member is replaced by another in the course of the meeting, the latter shall not be entitled to travel expenses.

Article 3

All claims for reimbursement of travel expenses for all means of transport must be accompanied by a copy of the relevant ticket and evidence of the expenditure actually incurred (for example, an original invoice or certified copy, credit card slip or statement). In no case shall the amount reimbursed exceed the actual expenditure incurred.

Article 4

1. Rail travel

The reimbursement of the first class rail fare is authorised. Where the duration of the journey is longer than 6 hours between 10 p.m. and 7 a.m., the cost of a sleeper may be reimbursed.

2. Air travel

Reimbursement shall be based on the economy class fare.

However, reimbursement may be based on the business class fare in the following circumstances:

- for single flights lasting more than 7 hours;

- for more than 15 hours travelling time (more than one flight plus stopovers);

- for health reasons attested by a medical certificate, which must be submitted with the claim form.

The flight itinerary must be presented to justify the duration of flying time or total travelling time, as appropriate.

Excess baggage charges are not refundable unless justified on grounds of official requirements.

3. Sea travel

The reimbursement of travel by sea shall not exceed the amount of the air fare as defined in paragraph 2 above. When members travel by car, the cost of transporting the car by sea shall not be reimbursed (see Article 6, paragraph 1).

Article 5

1. Transit fares in connection with changing from one means of transport to another and fares paid for travel between the place of departure and/or the place of the meeting and railway station or airport are provided for within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed. However, when such fares exceed 20% of the daily allowances paid, the difference may be reimbursed, subject to the prior approval of the Secretary General and on presentation of evidence of the expenditure actually incurred.

2. Local travel costs incurred during meeting days are provided within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed.

Article 6

1. Members travelling by means other than public transport a distance exceeding 30 kilometres per journey (one-way) shall be refunded a lump sum based on a kilometric allowance determined annually by the Committee of Ministers. Distances over 1600 kilometres for the return journey shall be refunded on the basis of the economy class air fare from the nearest airports, unless there is prior approval from the Secretary General authorising reimbursement based on the kilometric allowance. Journeys of less than 30 kilometres (one-way) are not reimbursed.

2. The journey time used as the basis for the calculation of daily allowances shall be the result of the number of kilometres divided by 90 and shall not exceed 24 hours.

3. Related costs, such as toll and parking fees, may only be reimbursed with the prior approval of the Secretary General and only where there is no other possible alternative. Such claims shall be accompanied by evidence of the expenditure actually incurred.

4. If two or more members entitled to claim expenses use the same car, a refund shall be made only to the person in charge of the vehicle, with an increase of 10% for each passenger.

5. Members travelling by car do so at their own risk. The Council of Europe disclaims all liability in respect of any accident that may occur during the journey.

III. DAILY ALLOWANCES

Article 7

1. During the meeting, members shall be entitled to receive an allowance at a daily rate determined annually by the Committee of Ministers (the rate in force as from 1 January 2010 is €175 and €269 when representing the Organisation outside of Strasbourg).

2. This allowance shall be deemed to cover all expenditure incurred by members in attending meetings, except for the travel expenses provided for above. However, where in exceptional and duly justified circumstances, and with the prior approval of the Secretary General, total accommodation costs (room, breakfast and related taxes) amount to more than 60% of the total daily allowances payable in respect of the meeting, members may submit a claim for a supplementary payment. Any such claim must be supported by original vouchers attesting the actual expenditure incurred for accommodation.

Article 8

1. The duration of the period conferring entitlement to the allowance shall be determined as follows:

      i. Members shall be entitled to the daily allowance for each 24-hour period covered by the duration of the journey to and from the meeting. The duration taken into account for the entitlement to daily allowances shall not exceed the shortest necessary for attendance at the meeting in accordance with the means of transport taken as the basis for the refund of travel expenses, as determined by the rules above.

      ii. The daily allowance shall not be payable for any period of less than 4 hours.

      iii. Where the duration of the journey is equal to or more than 4 hours but less than 8 hours and no hotel accommodation is involved, members shall be paid a quarter of the daily allowance. The same shall apply to any period equal to or more than 4 hours but less than 8 hours, in excess of 24 hours or any multiple of 24 hours.

      iv. Where the duration of the journey is equal to or more than 8 hours but less than 24 hours and no hotel accommodation is involved, members shall be paid half the daily allowance. The same shall apply to any period equal to or more than 8 hours but less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

      v. Where the duration of the journey is equal to or more than 4 hours but less than 24 hours and hotel accommodation is involved, members shall be paid the full amount of the daily allowance. The same shall apply to any period equal to or more than 4 hours and less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

2. In the case of air, rail and sea travel, the duration of the journey shall be increased, for the purpose of calculating the subsistence allowance, by a fixed period of 2 hours.

3. Members shall declare any meals or overnight accommodation provided to them free of charge. Where overnight accommodation or meals of members are provided free of charge the daily allowance shall be reduced, unless the Secretary General decides otherwise, by the following amounts:

        Representing the Organisation

        outside Strasbourg

    - Overnight accommodation €87.5045 per night €134.5046 per night

    (50% of the daily allowance)

    - Main meal (lunch or dinner) €26.2547 per meal €40.3548 per meal

    (15% of the daily allowance)

IV. OTHER EXPENSES

Article 9

1. Other expenses incurred by members in connection with their attendance at the meeting, such as visa fees and vaccination costs, which are strictly unavoidable, shall be reimbursed. Such claims shall be accompanied by evidence of the expenditure actually incurred.

2. Expenses related to insurance, representation, communication by telephone or fax, the use of the Internet and the rental of meeting rooms are not reimbursed.

V. SICKNESS AND ACCIDENT

Article 10

When travelling on behalf of the Council of Europe, members are covered in respect of risks specifically related to such travel by insurance taken out by the Organisation on their behalf. They are nevertheless obliged in the first instance to exhaust all possibilities of payment of benefits due to them under the scheme to which they are affiliated in their own country in respect of illness and accident occurring during the journey and/or the meeting.

VI. REIMBURSEMENT

Article 11

The expenses referred to above shall be refunded upon submission of a claim certified true and correct by the member, to which all vouchers required by the rules must be appended.

+ There were no decisions under this item.

+ There were no decisions under this item.

3 See also document CM/Cong(2010)Rec246 final.

4 Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.

5 States concerned: Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, “the former Yugoslav Republic of Macedonia”, Turkey and United Kingdom.

6 See also document CM/Cong(2010)Rec279 final.

7 Commentary on the effective participation of persons belonging to national minorities in cultural, social and economic life and public affairs, adopted on 27 February 2008, ACFC/31DOC(2008)001.

8 In conformity with Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints, the Contracting Parties to the European Social Charter or to the Revised Social Charter have participated in the vote: Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.

9 In the context of adopting Resolution (97) 10 on 17 September 1997, the Committee of Ministers also adopted the following rule: “Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention shall be considered to be adopted if two-thirds of the representatives of the Contracting Parties casting a vote, including a majority of the representatives of the Contracting Parties entitled to sit on the Committee of Ministers, vote in favour”.

10 http://www.coe.int/t/e/legal_affairs/legal_co-operation/steering_committees/cdcj/CJ_S_DEBT/Default.asp#TopOfPage

11 Rate in force at 1 January 2010.

12 Rate in force at 1 January 2010.

13 Rate in force at 1 January 2010.

14 Rate in force at 1 January 2010.

15 Rate in force at 1 January 2010.

16 Rate in force at 1 January 2010.

17 Rate in force at 1 January 2010.

18 Rate in force at 1 January 2010.

19 Rate in force at 1 January 2010.

20 Rate in force at 1 January 2010.

21 Rate in force at 1 January 2010.

22 Rate in force at 1 January 2010.

23 Rate in force at 1 January 2010.

24 Rate in force at 1 January 2010.

25 Rate in force at 1 January 2010.

26 Rate in force at 1 January 2010.

27 Rate in force at 1 January 2010.

28 Rate in force at 1 January 2010.

29 Rate in force at 1 January 2010.

30 Rate in force at 1 January 2010.

31 Rate in force at 1 January 2010.

32 Rate in force at 1 January 2010.

33 Rate in force at 1 January 2010.

34 Rate in force at 1 January 2010.

35 Rate in force at 1 January 2010.

36 Rate in force at 1 January 2010.

37 Rate in force at 1 January 2010.

38 Rate in force at 1 January 2010.

39 Rate in force at 1 January 2010.

40 Rate in force at 1 January 2010.

41 Rate in force at 1 January 2010.

42 Rate in force at 1 January 2010.

43 Rate in force at 1 January 2010.

44 Rate in force at 1 January 2010.

45 Rate in force at 1 January 2010.

46 Rate in force at 1 January 2010.

47 Rate in force at 1 January 2010.

48 Rate in force at 1 January 2010.



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