Ministers’ Deputies

Decisions

CM/Del/Dec(2012)1137     16 March 2012



1137th meeting, 14 March 2012

Decisions adopted



CONTENTS

Page

List of those present 6

Introduction 9

1. General questions

1.1 Adoption of the agenda 9

1.2 Preparation of forthcoming meetings 9

1.3 Dialogue with the Secretary General and the Deputy Secretary General 10

1.4 Report of the Bureau 10

1.5 Conferences of specialised ministers – State of preparation +

1.6 Meeting between the presidents of monitoring bodies (19 December 2011) – Report 10

1.7 Internet Governance – Draft Council of Europe Strategy 2012-2015 11

2. Democracy and political questions

2.1 The Council of Europe and the conflict in Georgia +

2.1bis Current political questions

a. Activities for the development and consolidation of democratic stability 11

b. Other questions +

- Statements by the Representative of the European Union

- Statement by the Representative of the Republic of Moldova

- Statement by the Representative of France

- Statement by the Representative of the Russian Federation

- Statement by the Representative of Sweden

- Statement by the Representative of Norway

- Statement by the Representative of the United Kingdom

2.2 Situation in Cyprus+

2.3 Exchange of views with Mr Paulo Sérgio Pinheiro, Chairperson of the Independent International

Commission of Inquiry on the Syrian Arab Republic of the UN Human Rights Council +

2.4 17th session of the Council of Europe Conference of Ministers responsible for Local and Regional Government (Kyiv, 3-4 November 2011) – Report by the Secretary General 13

3. Parliamentary Assembly

3.1 Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

a. Written Question No. 613 by Mr Petrenco: “Estonian authorities and the annual gathering

of the veterans of “Waffen SS” from Estonia and other European countries” 13

Page

4. Human rights

4.1 Council of Europe Commissioner for Human Rights – Presentation of the 4th quarterly activity

report 2011, of the annual activity report for 2011 and of the 1st quarterly activity report 2012+

4.2 Steering Committee for Human Rights (CDDH) –

Manual on Human Rights and the Environment (2nd edition) 13

H46-1 Case against Bosnia and Herzegovina –

27996/06 Sejdić and Finci, judgment of 22/12/2009, Grand Chamber 13

6. Social cohesion

6.1 European Committee for Social Cohesion (CDCS) –

Draft Recommendation CM/Rec(2012)… of the Committee of Ministers to member States on a European Charter on Shared Social Responsibilities 14

6.2 European Directorate for the Quality of Medicines and HealthCare (EDQM)

a. European Committee on Organ Transplantation (Partial Agreement) (CD-P-TO) –

Abridged report of the 8th meeting (Geneva, 20-21 October 2011) 14

b. European Committee on Pharmaceuticals and Pharmaceutical Care (Partial Agreement)

(CD-P-PH) – Abridged report of the 5th meeting (Strasbourg, 5-6 September 2011) 15

c. Consumer Health Protection Committee (Partial Agreement) (CD-P-SC) 15

i. Abridged report of the 4th meeting (Strasbourg, 28-29 November 2011)

ii. Draft Resolution CM/ResAP(2012)... on safety criteria for cosmetic products

intended for infants

6.3 “The role of parliaments in the consolidation and development of social rights in Europe” – Parliamentary Assembly Recommendation 1976 (2011) 15

6.4 “The situation of Roma in Europe: a challenge for local and regional authorities” –

Recommendation 315 (2011) of the Congress of Local and Regional Authorities of the

Council of Europe 16

6.5 Evaluation of the terms of reference of the Ad hoc Committee of Experts on Roma Issues (CAHROM) 16

10. Legal questions

10.1 European Charter for Regional or Minority Languages

a. Third report of the Committee of Experts in respect of Cyprus 16

b. Fourth report of the Committee of Experts in respect of Finland 17

10.2 European Committee on Crime Problems (CDPC)

a. Abridged report of the 61st plenary session (Strasbourg, 6-9 December 2011) 17

b. Draft Recommendation CM/Rec(2012)… of the Committee of Ministers to member States on the European Code of Ethics for Prison Staff 17

11. Administration and logistics

11.1 Pension reform 17

a. Reform of the Council of Europe's pension schemes: concept paper

b. Allocation of the proceeds of the sale of the B-building

Page

APPENDICES

APPENDIX 1 1137th meeting of the Ministers' Deputies

(Item 1.1) (Strasbourg, 14 (10 a.m.) March 2012)

Agenda 18

APPENDIX 2 1139th meeting of the Ministers' Deputies

(Item 1.2) (Strasbourg, 4 (10 a.m.) April 2012)

Draft Agenda 22

APPENDIX 3 1140th meeting of the Ministers' Deputies

(Item 1.2) (Strasbourg, 11 (3 p.m.) – 12 (10 a.m.) April 2012)

Draft Agenda 25

APPENDIX 4 Resolution CM/ResAP(2012)1
(Item 6.2c) on safety criteria for cosmetic products intended for infants 27

APPENDIX 5 Reply to Parliamentary Assembly Recommendation 1976 (2011) on

(Item 6.3) “The role of parliaments in the consolidation and development of social rights in
Europe” 31

APPENDIX 6 Reply to Recommendation 315 (2011) of the Congress of Local and Regional
(Item 6.4) Authorities of the Council of Europe on “The situation of Roma in Europe: a
challenge for local and regional authorities” 34

APPENDIX 7 Recommendation CM/RecChL(2012)1
(Item 10.1a) of the Committee of Ministers on the application of the European Charter for

Regional or Minority Languages by Cyprus 35

APPENDIX 8 Recommendation CM/RecChL(2012)2

(Item 10.1b) of the Committee of Ministers on the application of the European Charter for
Regional or Minority Languages by Finland 36

The 1137th meeting of the Ministers’ Deputies opened on 14 March 2012 at 9.30 a.m. under the chairmanship of Ms E. Fuller, Deputy for the Secretary of State for Foreign and Commonwealth Affairs of the United Kingdom.

PRESENT

ALBANIA

Ms M. Gega, Vice- Chairperson

Mr F. Peni

Mr D. Koreshi

ANDORRA

Ms M. Aleix

Ms R. Solà Amat

ARMENIA

Mr A. Papikyan

Mr S. Kartashyan

Ms V. Melikyan

Ms I. Beglaryan

AUSTRIA

Mr T. Hajnoczi

Mr W.-L. Strohmayer

Mr S. Rutkowski

AZERBAIJAN

Mr J. Mirzayev

Mr A. Gunashov

BELGIUM

Mr A. Cools

Ms M. Janssens

BOSNIA AND HERZEGOVINA

Mr Z. Martinović

Ms M. Muharemagić

Mr B. Babić

BULGARIA

Mr A. Tehov

Mr A. Ananiev

Mr M. Bozhkov

CROATIA

Ms A. Djamić

Ms L. Glavaš Kovačić

Mr I. Mintas

CYPRUS

Ms T. Constantinidou

Mr S. Hatziyiannis

Mr T. Pittakis

CZECH REPUBLIC

Mr T. Boček

Mr M. Bouček

DENMARK

Mr C. von Barnekow

ESTONIA

Ms G. Rennel

Ms K. Tikenberg

Mr P. Pedak

FINLAND

Mr P. Hyvönen

Ms L. Liira

Ms T. Leikas-Botta

FRANCE

Mr P. Ray

Ms M. Bilocq

Mr F. Liétout

GEORGIA

Mr M. Jgenti

Mr I. Giviashvili

Ms A. Doborjginidze

GERMANY

Mr J.G. Luy

Mr H. Haupt

Mr J. Holzenberger

Mr M. Klinger

GREECE

Mr A. Dendoulis

Ms M. Solomou

Ms I. Petropoulou

HUNGARY

Mr F. Robák

Mr V. Garai

Ms A. Tóth-Ferenci

ICELAND

IRELAND

Mr P. Gunning

Mr R. Scannell

Mr J. Moloney

Mr D. Chiheb

ITALY

Mr S. Busetto

Mr G. Cavagna

LATVIA

Ms A. Liepina

LIECHTENSTEIN

Mr D. Ospelt

LITHUANIA

Mr G. Šerkšnys

Ms U. Matulevičiené

LUXEMBOURG

Mr R. Mayer

Ms A. Kayser-Attuil

MALTA

REPUBLIC OF MOLDOVA

Ms T. Pârvu

Ms V. Agrici

Ms L. Ilieş

Mr A. Paladuta

MONACO

Mrs C. Gastaud

MONTENEGRO

Ms A. Vukadinović

Ms D. Markovic

NETHERLANDS

Ms E. Berends

Ms K. Adhin

NORWAY

Mr P. Wille

Ms K. Hefre

Mr J. Høvik

POLAND

Ms U. Gacek

Mr R. Drzazga

Ms E. Suchożebrska

PORTUGAL

Mr L.F. Castro Mendes

Mr P. Neves Pocinho

Mr L. Sequeira

ROMANIA

Mr S. Stoian

Mr C. Urse

Ms M.-I. Musteata

Ms M. Marin

Mr D. Dumitrache

Mr G. Buliga

RUSSIAN FEDERATION

Mr A. Alekseev

Mr I. Kapyrin

Mr I. Podolskiy

Mr V. Ermakov

Mr V. Nevzorov

Mr I. Maltsev

Ms M. Kostyanaya

Mr D. Rykovskov

Mr K. Kosorukov

Mr A. Muratov

SAN MARINO

Ms M. Bovi

SERBIA

Ms D. Filipovic

Mr V. Lazovic

Ms V. Radonjic-Rakic

Ms J. Backovic

SLOVAK REPUBLIC

Ms L. Erdelská

Mr M. Babicz

SLOVENIA

Mr D. Bergant

Ms B. Sušnic

SPAIN

Mr F. Alvargonzález

Mr P. Jiménez Nacher

Mr P. Desportes

SWEDEN

Mr C.-H. Ehrenkrona

Ms A. Lundkvist

Ms F. Tamas-Hermelin

SWITZERLAND

Mr C.-E. Held

Mr B. Gubler

“THE FORMER

YUGOSLAV REPUBLIC

OF MACEDONIA”

Mr Z. Barbutov

TURKEY

Mr R. E. Soysal

Ms N. Erdem-Ari

Mr C. Kahyaoğlu

Mr U. Acar

Ms S. Özaydin

Mr E. Türesin

Mr O. Şanlı

UKRAINE

Mr M. Tochytskyi

Mr A. Nadzhos

Mr D. Podolskyi

Ms O. Pasheniuk

Mr S. Shevchuk

Ms O. Petrenko

Ms S. Pereverten

UNITED KINGDOM

Ms E. Fuller, Chairperson

Ms K. Jones

Mr S. Kelly

Mr C. Freestone

Ms J. Kelly

Mr M. Ostler

*

* *

EUROPEAN UNION

*

* *

CANADA

HOLY SEE

Mgr A. Giordano

Mgr S. Ćosić

JAPAN

Mr T. Kikuchi

Ms F. Fujiki

MEXICO

Ms L. Madero

Mr A. Martinez Peralta

UNITED STATES OF AMERICA

Mr E. Reade

Ms L. Pavan-Woolfe

Ms K. Markovová

Mr L.P. Tarin Martin

Introduction

At the start of the meeting, the Chairman welcomed Ambassador Luís Filipe Castro Mendes, Permanent Representative of Portugal, Ms Margot Aleix, Deputy to the Permanent Representative of Andorra, and Mr Zoran Barbutov, Deputy to the Permanent Representative of “the former Yugoslav Republic of Macedonia”. She wished them a pleasant stay in Strasbourg and a successful mission within the Committee.

Item 1.1

Adoption of the agenda

Decisions

The Deputies

1. agreed to postpone the following item to their 1138th meeting (28-29 March 2012):

 

11.1

Pension reform

a. Reform of the Council of Europe's pension schemes: concept paper

b. Allocation of the proceeds of the sale of the B-building

2. agreed to add the following items to the agenda of their present meeting:

 

2.1bis

Current political questions

b. Other questions

- Statements by the Representative of the European Union

- Statement by the Representative of the Republic of Moldova

- Statement by the Representative of France

- Statement by the Representative of the Russian Federation

- Statement by the Representative of Sweden

- Statement by the Representative of Norway

- Statement by the Representative of the United Kingdom

3. taking into account decisions 1 and 2 above, adopted the agenda of their 1137th meeting, as it appears at Appendix 1 to the present volume of Decisions.

Item 1.2

Preparation of forthcoming meetings

Decisions

The Deputies

1. approved the draft agenda for their 1139th meeting (4 (10 a.m.) April 2012), as it appears at Appendix 2 to the present volume of Decisions;

2. approved the draft agenda for their 1140th meeting (11 (3 p.m.) – 12 (10 a.m.) April 2012), as it appears at Appendix 3 to the present volume of Decisions;

3. agreed that the 122nd Session of the Committee of Ministers would take place on Wednesday 23 May 2012.

Item 1.3

Dialogue with the Secretary General and the Deputy Secretary General
(SG/Com(2012)1137 and SG/Inf(2012)3)

Decision

The Deputies took note of the communication of the Secretary General and the Deputy Secretary General (SG/Com(2012)1137) and the exchange of views under this item.

Item 1.4

Report of the Bureau
(CM/Bur/Del(2012)6)

Decisions

The Deputies

1. approved the Bureau’s recommendations with regard to the agendas of their 1137th (14 March 2012) and 1138th (28-29 March 2012) meetings, as they appear in the Appendix to the Bureau report;

2. approved the Bureau’s recommendation to hold an exchange of views with Mr Luzius Wildhaber, Chairman of the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights, at their 1139th meeting (4 April 2012);

3. approved the Bureau’s recommendation as regards use of the Committee of Ministers’ Foyer, as set out in paragraph 2 of the Bureau report;

4. agreed to invite a representative of Tunisia and a representative of Morocco to participate in the Rapporteur Group on External Relations (GR-EXT) meeting of 23 March 2012, in order to take part in an exchange of views on the items which concern them respectively;

5. took note of the report of the meeting of the Bureau of 12 March 2012 (document CM/Bur/Del(2012)6) as a whole.

Item 1.6

Meeting between the presidents of monitoring bodies (19 December 2011) – Report

(CM(2012)30 and CM/Del/Dec(2010)1088/1.7)

Decisions

The Deputies

1. welcomed the measures taken to reinforce co-ordination and synergies between the monitoring bodies and invited them to continue in this direction, and to report back in due time;

2. taking into account the decision above, took note of the report on the meetings held in 2011 between the presidents of the monitoring bodies of the Council of Europe, as it appears in document CM(2012)30.

Item 1.7

Internet Governance – Draft Council of Europe Strategy 2012-2015

(CM(2011)175 prov4)

Decisions

The Deputies

1. adopted the Council of Europe Strategy 2012-2015 on Internet Governance, as it appears in document CM(2011)175 final;

2. invited their Thematic Co-ordinator on Information Policy (TC-INF) to follow closely the Strategy;

3. invited the Secretary General to provide them with a mid-term report on the Strategy by 31 January 2014.

Item 2.1bis a

Current political questions

a. Activities for the development and consolidation of democratic stability

- Montenegro

- Serbia

(GR-DEM(2012)CB3, DPA/Inf(2011)36 rev and DPA/Inf(2011)30 rev)

Decisions

The Deputies

1. took note of the synopsis of the GR-DEM meeting held on 23 February 2012 (document GR-DEM(2012)CB3);

Concerning Montenegro

Referring to the report “Montenegro: stocktaking of co-operation and fulfilment of statutory obligations” (document DPA/Inf(2011)36 rev):

2. welcomed the substantial progress achieved by Montenegro in fulfilling its Council of Europe accession commitments and statutory obligations;

3. welcomed the adoption of a number of important laws in the field of human rights, rule of law and democracy and encouraged the authorities to give priority attention to their efficient implementation;

4. called on the authorities of Montenegro to implement the following recommendations:

- complete the specific accession commitments and statutory obligations by ensuring the independence of the judiciary and the imperative of avoiding any decisive role of political institutions in the procedure of appointment and dismissal of judges and prosecutors, by completing the reform of the Constitution, in accordance with the Venice Commission’s recommendations;

- strengthen the independence of the Ombudsman and ensure he/she becomes an effective mechanism to implement the anti-discrimination legislation by adopting the necessary constitutional amendments, in line with the Venice Commission and OSCE/ODIHR’s joint opinion;

- improve the legal framework related to the fight against corruption and organised crime, in particular as regards the setting-up of more efficient mechanisms for the implementation and monitoring of anti-corruption initiatives;

- strengthen the independence of media, notably by fostering the implementation of the Law on Electronic Media, the functioning of the self-regulatory body and by prosecuting all acts of violence against journalists;

- ensure an adequate enforcement of national minorities’ constitutional and legal rights;

- combat discrimination, in particular with regard to the LGBT community;

- ensure genuine independence and effectiveness of the independent oversight bodies by providing them with the necessary financial, human and logistic resources to fulfil their functions;

- encourage a political dialogue between the parliamentary majority and the opposition, which would lead to the swift adoption of laws requiring a qualified majority;

Concerning Serbia

Referring to the report “Serbia: stocktaking of co-operation and fulfilment of statutory obligations” (document DPA/Inf(2011)30 rev):

5. welcomed the significant progress and important reforms carried out by Serbia in fulfilling its Council of Europe accession commitments and statutory obligations;

6. welcomed Serbia’s messages and actions in fostering bilateral and multilateral relations, contributing to an improved political climate in the region and encouraged the authorities to maintain this positive dynamic;

7. welcomed the improved co-operation with the International Criminal Tribunal for the former Yugoslavia (ICTY) and the arrest and transfer of the two remaining fugitives to the ICTY;

8. called on the authorities of Serbia to implement the following recommendations:

- continue to work towards fulfilling Serbia’s remaining statutory commitments and obligations to the Council of Europe;

- complete the formal commitments and obligations taken upon accession to the Council of Europe by ratifying the Madrid Convention on Transfrontier Co-operation;

- secure the independence of the oversight bodies, to provide them with the sufficient means and resources to fulfil their mandates and promote better co-ordination between the relevant state institutions;

- continue the reform of the justice system, increasing its transparency, independence and efficiency, by making the best possible use of the Council of Europe expertise;

- address the issue of public intolerance and homophobia in parts of society, by encouraging wider societal debates on the values of diversity, providing support to the reform of education, encouraging related initiatives of civil society, and by ensuring that the standards set by the law on anti-discrimination are enforced and fully implemented;

- continue to improve the situation of persons belonging to national minorities in line with recommendations presented by the relevant monitoring mechanisms of the Council of Europe.

Item 2.4

17th session of the Council of Europe Conference of Ministers responsible for Local and Regional Government (Kyiv, 3-4 November 2011) – Report by the Secretary General

This item was postponed

Item 3.1a

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

a. Written Question No. 613 by Mr Petrenco: “Estonian authorities and the annual gathering of the veterans of “Waffen SS” from Estonia and other European countries”

Decisions

The Deputies

1. instructed the Secretariat to prepare a draft reply to Written Question No. 613 in light of the views expressed at the present meeting;

2. agreed to resume consideration of this question at one of their forthcoming meetings.

Item 4.2

Steering Committee for Human Rights (CDDH) –
Manual on Human Rights and the Environment (2nd edition)

(CM(2011)176 add5)

Decision

The Deputies took note of the Manual on Human Rights and the Environment, as it appears in document CM(2011)176 add5, and encouraged its dissemination among member States.

Item H46-1

Case against Bosnia and Herzegovina
27996/09 Sejdić and Finci, judgment of 22/12/2009, Grand Chamber

(Interim Resolution CM/ResDH(2011)291, CM/Inf/DH(2011)6, DH-DD(2010)108, DH-DD(2011)403 and DH-DD(2012)64E, DH-DD(2011)915, DH-DD(2010)307E, DH-DD(2011)1065, Parliamentary Assembly Resolution 1855 (2012))

Decisions

The Deputies

1. recalled the obligation of Bosnia and Herzegovina fully to abide by the Court’s judgment in the case of Sejdić and Finci;

2. deeply regretted that the Joint Interim Commission, which was set up to present proposals for the constitutional and legislative amendments, had failed to make tangible progress in its work before the deadline of 12 March 2012;

3. strongly urged the authorities of Bosnia and Herzegovina to take the necessary measures to execute this judgment without any further delay;

4. agreed to come back to this matter at one of their forthcoming meetings.

Item 6.1

European Committee for Social Cohesion (CDCS) –

Draft Recommendation CM/Rec(2012)… of the Committee of Ministers to member States on a European Charter on Shared Social Responsibilities

(CM(2011)145 rev, CM(2011)145 add, DD(2011)1063 and DD(2012)39)

Decision

The Deputies invited the European Committee for Social Cohesion (CDCS) to re-examine the text of the draft Recommendation on a European Charter on Shared Social Responsibilities, as it appears in document CM(2011)145 rev, in the light of proposed amendments and comments from delegations, as they appear in the synopsis of the meeting of their Rapporteur Group on Social and Health Questions (GR-SOC) of 23 February 2012 and its addendum (documents GR-SOC(2012)CB2 and GR-SOC(2012)CB2 add).

Item 6.2a

European Directorate for the Quality of Medicines and HealthCare (EDQM)

a. European Committee on Organ Transplantation (Partial Agreement) (CD-P-TO) –

Abridged report of the 8th meeting (Geneva, 20-21 October 2011)

(CM(2012)25)

Decision

The Deputies, in their composition restricted to representatives of the States Parties to the Convention on the Elaboration of a European Pharmacopoeia,3 took note of the abridged report of the 8th meeting of the CD-P-TO, as it appears in document CM(2012)25.

Item 6.2b

European Directorate for the Quality of Medicines and HealthCare (EDQM)

b. European Committee on Pharmaceuticals and Pharmaceutical Care (Partial Agreement) (CD-P-PH) – Abridged report of the 5th meeting (Strasbourg, 5-6 September 2011)

(CM(2012)26)

Decision

The Deputies, in their composition restricted to representatives of the States Parties to the Convention on
the Elaboration of a European Pharmacopoeia,4 took note of the abridged report of the 5th meeting of the CD-P-PH, as it appears in document CM(2012)26.

Item 6.2c

European Directorate for the Quality of Medicines and HealthCare (EDQM)

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

(i) Abridged report of the 4th meeting (Strasbourg, 28-29 November 2011)

(ii) Draft Resolution CM/ResAP(2012)... on safety criteria for cosmetic products intended for infants

(CM(2012)27)

Decisions

The Deputies, in their composition restricted to representatives of the States Parties to the Convention on the Elaboration of a European Pharmacopoeia,5

1. adopted Resolution CM/ResAP(2012)1 on safety criteria for cosmetic products intended for infants, as it appears at Appendix 4 to the present volume of Decisions;

2. in the light of the above decision, took note of the abridged report of the 4th meeting of the CD-P-SC, as it appears in document CM(2012)27, as a whole.

Item 6.3

“The role of parliaments in the consolidation and development of social rights in Europe” – Parliamentary Assembly Recommendation 1976 (2011)
(Parliamentary Assembly REC_1976 (2011) and CM/AS(2012)Rec1976 prov)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1976 (2011) on “The role of parliaments in the consolidation and development of social rights in Europe”, as it appears at Appendix 5 to the present volume of Decisions.6

Item 6.4

“The situation of Roma7 in Europe: a challenge for local and regional authorities” –
Recommendation 315 (2011) of the Congress of Local and Regional Authorities of the Council of Europe

(Congress REC_315 (2011) and CM/Cong(2011)Rec315 prov)

Decision

The Deputies adopted the reply to Recommendation 315 (2011) of the Congress of Local and Regional Authorities of the Council of Europe on “The situation of Roma in Europe: a challenge for local and regional authorities”, as it appears at Appendix 6 to the present volume of Decisions.8

Item 6.5

Evaluation of the terms of reference of the Ad hoc Committee of Experts on Roma Issues (CAHROM)
(CM(2011)94, CM(2011)181, GR-SOC(2012)2 and GR-SOC(2012)CB2)

Decision

The Deputies took note of the evaluation carried out by their Rapporteur Group on Social and Health Questions (GR-SOC) of the terms of reference of the Ad hoc Committee of Experts on Roma Issues (CAHROM) (document GR-SOC(2012)CB2).

Item 10.1a

European Charter for Regional or Minority Languages

a. Third report of the Committee of Experts in respect of Cyprus

(CM(2012)23)

Decisions

The Deputies

1. took note of the third report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Cyprus, as it appears in document CM(2012)23;

2. adopted Recommendation CM/RecChL(2012)1 on the application of the European Charter for Regional or Minority Languages by Cyprus, as it appears at Appendix 7 to the present volume of Decisions, and agreed to forward it to the Cypriot authorities.

Item 10.1b

European Charter for Regional or Minority Languages –
Fourth report of the Committee of Experts in respect of Finland

(CM(2012)24)

Decisions

The Deputies

1. took note of the fourth report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Finland, as it appears in document CM(2012)24;

2. adopted Recommendation CM/RecChL(2012)2 on the application of the European Charter for Regional or Minority Languages by Finland, as it appears at Appendix 8 to the present volume of Decisions, and agreed to forward it to the Finnish authorities.

IItem 10.2a

European Committee on Crime Problems (CDPC)

a. Abridged report of the 61st plenary session (Strasbourg, 6-9 December 2011)

(CM(2012)7)

Decision

The Deputies took note of the abridged report of the 61st plenary session of the European Committee on Crime Problems (CDPC), as it appears in document CM(2012)7.

Item 10.2b

European Committee on Crime Problems (CDPC)

b. Draft Recommendation CM/Rec(2012)… of the Committee of Ministers to member States on the European Code of Ethics for Prison Staff

This sub-item was postponed.

Item 11.1a,b

Pension reform

a. Reform of the Council of Europe’s pension schemes: concept paper and legal opinion

b. Allocation of the proceeds of the sale of the B-Building

This item was postponed.

Appendix 1
(Item 1.1)

1137 meeting of the Ministers' Deputies
(Strasbourg, 14 (9.30 a.m.) March 2012)

Agenda

1.

General questions

     

1.1

Adoption of the agenda

   
   

(CM/Del/OJ(2012)1137)

     

1.2

Preparation of forthcoming meetings

     
   

(CM/Notes/1137/1.2 of 13.3.2012)

     

1.3

Dialogue with the Secretary General and the Deputy Secretary General

     
   

(SG/Com(2012)1137 and SG/Inf(2012)3)

     

1.4

Report of the Bureau

     
   

(CM/Bur/Del(2012)6)

     

1.5

Conferences of specialised ministers – State of preparation

     
   

(CM/Inf(2012)4)

     

1.6

Meeting between the presidents of monitoring bodies (19 December 2011) – Report

     
   

(CM/Del/Dec(2010)1088/1.7 and CM(2012)30)
(CM/Notes/1137/1.6 of 2.3.2012)

     

1.7

Internet Governance – Draft Council of Europe Strategy 2012-2015
(Item prepared by the TC-INF on 10.1.2012 and by written consultation)

     
   

(CM/Del/Dec(2012)1135/1.5 and CM(2011)175 prov4)
(CM/Notes/1137/1.7 of 12.3.2012)

   

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, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559, SG/Inf(2011)8 and SG/Inf(2011)24)

2.1bis

Current political questions

   
 

a. Activities for the development and consolidation of democratic stability
(Item prepared by the GR-DEM on 23.2.2012)

   
 

. Montenegro
. Serbia

     
   

(GR-DEM(2012)CB3, DPA/Inf(2011)36 rev and DPA/Inf(2011)30 rev)
(CM/Notes/1137/2.1bis of 27.2.2012)

     
 

b. Other questions

 

- Statements by the Representative of the European Union

- Statement by the Representative of the Republic of Moldova

- Statement by the Representative of France

- Statement by the Representative of the Russian Federation

- Statement by the Representative of Sweden

- Statement by the Representative of Norway

- Statement by the Representative of the United Kingdom

2.2

Situation in Cyprus

   

2.3

Exchange of views with Mr Paulo Sérgio Pinheiro, Chairperson of the Independent International Commission of Inquiry on the Syrian Arab Republic of the UN Human Rights Council

     

2.4

17th session of the Council of Europe Conference of Ministers responsible for Local and Regional Government (Kyiv, 3-4 November 2011) – Report by the Secretary General

     
   

(CM(2011)178 and MCL-17(2011)5)

     

(Item postponed)

     

3.

Parliamentary Assembly

     

3.1

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

   
 

a. Written Question No. 613 by Mr Petrenco: “Estonian authorities and the annual gathering of the veterans of “Waffen SS” from Estonia and other European countries”

   
   

(CM/Notes/1137/3.1a of 21.2.2012)

     

4.

Human rights

     

4.1

Council of Europe Commissioner for Human Rights –
Presentation of the 4th quarterly activity report 2011, of the annual activity report for 2011 and of the 1st quarterly activity report 2012

   
   

(CommDH(2012)9, CommDH(2012)1 and CommDH(2012)16)

     

4.2

Steering Committee for Human Rights (CDDH) –
Manual on Human Rights and the Environment (2nd edition)
(Item prepared by the GR-H on 7.2.2012)

     
   

(CM(2011)176 add5)
(CM(2011)1137/4.2 of 9.2.2012)

   

H46-1

Case against Bosnia and Herzegovina –
27996/06 Sejdić and Finci, judgment of 22/12/2009, Grand Chamber

     
   

(Interim Resolution CM/ResDH(2011)291, CM/Inf/DH(2011)6, DH-DD(2010)108,
DH-DD(2011)403, DH-DD(2012)64, DH-DD(2011)915, DH-DD(2010)307, DH-DD(2011)1065 and Parliamentary Assembly Resolution 1855 (2012))
(CM/Notes/1137/H46-1 of 13.3.2012)

     

6.

Social cohesion

     

6.1

European Committee for Social Cohesion (CDCS) –
Draft Recommendation CM/Rec(2012)… of the Committee of Ministers to member States on a European Charter on Shared Social Responsibilities
(Item prepared by the GR-SOC on 17.1.2012 and 23.2.2012)

     
   

(CM(2011)145 rev, CM(2011)145 add, DD(2011)1063 and DD(2012)37)
(CM/Notes/1137/6.1 of 24.2.2012)

     

6.2

European Directorate for the Quality of Medicines and HealthCare (EDQM)

   
 

a. European Committee on Organ Transplantation (Partial Agreement) (CD-P-TO) –
Abridged report of the 8th meeting (Geneva, 20-21 October 2011)

     
   

(CM(2012)25)

     
 

b. European Committee on Pharmaceuticals and Pharmaceutical Care (Partial Agreement)
(CD-P-PH) – Abridged report of the 5th meeting (Strasbourg, 5-6 September 2011)

     
   

(CM(2012)26)

     
 

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

i. Abridged report of the 4th meeting (Strasbourg, 28-29 November 2011)

ii. Draft Resolution CM/ResAP(2012)... on safety criteria for cosmetic products intended for infants

     
   

(CM(2012)27)

     
 

(Item prepared by the GR-SOC on 23.2.2012)

   
   

(CM/Notes/1137/6.2 of 24.2.2012)

   

6.3

“The role of parliaments in the consolidation and development of social rights in Europe” – Parliamentary Assembly Recommendation 1976 (2011)
(Item prepared by the GR-SOC on 23.2.2012)

     
   

(Parliamentary Assembly REC_1976 (2011) and CM/AS(2012)Rec1976 prov)
(CM/Notes/1137/6.3 of 24.2.2012)

     

6.4

“The situation of Roma in Europe: a challenge for local and regional authorities” –
Recommendation 315 (2011) of the Congress of Local and Regional Authorities of the Council of Europe
(Item prepared by the GR-SOC on 23.2.2012)

     
   

(Congress REC_315 (2011) and CM/Cong(2012)Rec315 prov)
(CM/Notes/1137/6.4 of 24.2.2012)

     

6.5

Evaluation of the terms of reference of the Ad hoc Committee of Experts on Roma Issues (CAHROM)
(Item prepared by the GR-SOC on 23.2.2012)

     
   

(CM(2011)94, CM(2011)181, GR-SOC(2012)2 and GR-SOC(2012)CB2)
(CM/Notes/1137/6.5 of 27.2.2012)

   

10.

Legal questions

     

10.1

European Charter for Regional or Minority Languages

   
 

a. Third report of the Committee of Experts in respect of Cyprus
(Item prepared by the GR-J on 21.2.2012)

     
   

(CM(2012)23)
(CM/Notes/1137/10.1a of 23.2.2012)

     
 

b. Fourth report of the Committee of Experts in respect of Finland
(Item prepared by the GR-J on 21.2.2012)

     
   

(CM(2012)24)
(CM/Notes/1137/10.1b of 23.2.2012)

     

10.2

European Committee on Crime Problems (CDPC)

a. Abridged report of the 61st plenary session (Strasbourg, 6-9 December 2011)
(Item prepared by the GR-J on 21.2.2012)

b. Draft Recommendation CM/Rec(2012)… of the Committee of Ministers to member States on the European Code of Ethics for Prison Staff
(Item to be prepared by the GR-J on 3.4.2012)

     

(Sub-item b. postponed)

     
   

(CM(2012)7)
(CM/Notes/1137/10.2a of 23.2.2012)

     

11.

Administration and logistics

   

11.1

Pension reform

   
 

a. Reform of the Council of Europe's pension schemes: concept paper

     
   

(CM(2012)20 and CM(2012)20 add)

     
 

b. Allocation of the proceeds of the sale of the B-building

   
   

(CM(2012)19 and CM(2012)19 add of 8.3.2012)

     

(Item postponed)

   

13.

Any other business

Appendix 2
(Item 1.2)

1139 meeting of the Ministers' Deputies
(Strasbourg, 4 (10 a.m.) April 2012)

Draft Agenda

In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 7 March 2012
Notes: 23 March 2012

1.

General questions

     

1.1

Adoption of the agenda

   
   

(CM/Del/OJ(2012)1139)

     

1.2

Preparation of forthcoming meetings

     

1.3

Dialogue with the Secretary General and the Deputy Secretary General

     
   

(SG/Com(2012)1139)

     

1.4

Report of the Bureau

     
   

(CM/Bur/Del(2012)…)

     

1.5

Conferences of specialised ministers – State of preparation

     
   

(CM/Notes/1139/1.5 of …)

     

1.6

Deputy Secretary General – Procedure for election

     
   

(CM/Notes/1139/1.6 of …)

     

1.7

Exchange of views with Mr Luzius Wildhaber, Chairman of the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights

     

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, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559, SG/Inf(2011)8 and SG/Inf(2011)24)

     

2.1bis

Current political questions

     

2.2

Situation in Cyprus

     

4.

Human rights

     

4.1

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) – Election of members of the CPT in respect of Latvia and Montenegro
(Item to be prepared by the GR-H on 27.3.2012)

     
   

(CM(2012)43)
(CM/Notes/1139/4.1 of 29.2.2012)

     

4.2

“The large-scale arrival of irregular migrants, asylum seekers and refugees on Europe’s southern shores” – Parliamentary Assembly Recommendation 1967 (2011),
“Unaccompanied children in Europe: issues of arrival, stay and return –
Parliamentary Assembly Recommendation 1969 (2011) and
“Asylum seekers and refugees: sharing responsibilities in Europe” –
Parliamentary Assembly Recommendation 1973 (2011)
(Item prepared by the TC-ENF (for the reply to Recommendation 1969 (2011)) and to be prepared by the GR-H on 27.3.2012)

     
   

(Parliamentary Assembly REC_1967 (2011), Parliamentary Assembly REC_1969 (2011), Parliamentary Assembly REC_1973 (2011) and CM/AS(2012)Rec1967-1969-1973 prov)
(CM/Notes/1139/4.2 of …)

     

5.

Media

     

5.1

Steering Committee on the Media and New Communication Services (CDMC)

     
 

a. Draft Recommendation CM/Rec(2012)… of the Committee of Ministers to member States on the protection of human rights with regard to search engines

     
   

(CM(2012)46)

     
 

b. Draft Recommendation CM/Rec(2012)… of the Committee of Ministers to member States on the protection of human rights with regard to social networking services

     
   

(CM(2012)47)

     
 

c. Draft Declaration of the Committee of Ministers on the Desirability of International Standards dealing with Forum Shopping in respect of Defamation (“libel tourism”) to Ensure Freedom of Expression

     
   

(CM(2012)42)

     
 

(Item to be prepared by the GR-H on 27.3.2012)

     
   

(CM/Notes/1139/5.1 of …)

     

10.

Legal questions

     

10.1

European Commission for the Efficiency of Justice (CEPEJ)

   
 

a. Abridged report of the 18th plenary meeting (Strasbourg, 7-8 December 2011)

     
   

(CM(2012)22)

     

 

b. 2012-2013 Activity Programme of the CEPEJ

     
   

(CM(2012)22 add)

     
 

(Item prepared by the GR-J on 21.2.2012)

   
   

(CM/Notes/1139/10.1ab of 23.2.2012)

   

10.2

Committee of Experts on the Evaluation of anti-money laundering measures and the financing of terrorism (MONEYVAL)

   
 

a. Exchange of views with Mr Vladimir Nechaev, Chairman of Moneyval

   
 

b. Annual report for 2011
(Item prepared by the GR-J on 21.2.2012)

   
   

(CM(2012)21 and CM(2012)21 corr (Bilingual))
(CM/Notes/1139/10.2 of 23.2.2012)

     

10.3

“The obligation of member and observer States of the Council of Europe to co-operate in the prosecution of war crimes” – Parliamentary Assembly Recommendation 1953 (2011)
(Item to be prepared by the GR-J on 3.4.2012)

   
   

(Parliamentary Assembly REC_1953 (2011) and CM/AS(2012)Rec1953 prov3)
(CM/Notes/1139/10.3 of …)

     

11.

Administration and logistics

     

11.1

Pension Reserve Fund – Nomination to the Management Board

     
   

(CM/Del/Dec(2012)1131/11.2)
(CM/Notes/1139/11.1 of …)

     

13.

Any other business

Appendix 3
(Item 1.2)

1140 meeting of the Ministers' Deputies
(Strasbourg, 11 (3 p.m.) – 12 (10 a.m.) April 2012)

Draft Agenda

In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 14 March 2012
Notes: 30 March 2012

1.

General questions

     

1.1

Adoption of the agenda

   
   

(CM/Del/OJ(2012)1140)

     

1.2

Preparation of forthcoming meetings

     
   

(CM/Notes/1140/1.2 of …)

     

1.3

Dialogue with the Secretary General and the Deputy Secretary General

     
   

(SG/Com(2012)1140)

     

1.4

Report of the Bureau

     
   

(CM/Bur/Del(2012)…)

     

1.5

Deputy Secretary General – Interviews with candidates

     
   

(CM/Notes/1140/1.5 of …)

     

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, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559, SG/Inf(2011)8 and SG/Inf(2011)24)

     

2.1bis

Current political questions

   
 

a. Activities for the development and consolidation of democratic stability
(Item to be prepared by the GR-DEM on 5.4.2012)

     
   

(CM/Notes/1140/2.1bis of …)

     
 

b. Other questions

   

2.2

Situation in Cyprus

3.

Parliamentary Assembly

     

3.1

Communication by the Secretary General of the Parliamentary Assembly on the 2nd part of the 2012 Session and other Assembly activities

     
   

(SG/AS(2012)…)

     

4.

Human rights

     

4.1

Abolition of the death penalty in all member States of the Council of Europe

     
   

(CM/Del/Dec(2001)769/4.4 and CM/Del/Dec(2011)1124/4.1)
(CM/Notes/1140/4.1 of …)

     

10.

Legal questions

     

10.1

Exchange of views with Mr Gilles de Kerchove, European Union Counter-Terrorism Co-ordinator

     

10.2

European Commission for the Efficiency of Justice (CEPEJ) –
Request for observer status by Israel
(Item to be prepared by the GR-J on 3.4.2012)

     
   

(CM/Notes/1140/10.2 of …)

     

10.3

European Charter for Regional or Minority Languages

   
 

a. Second report of the Committee of Experts in respect of Montenegro
(Item to be prepared by the GR-J on 3.4.2012)

     
   

(CM(2012)48 of …)
(CM/Notes/1140/10.3a of …)

     
 

b. Election of a member of the Committee of Experts in respect of Luxembourg
(Item to be prepared by the GR-J on 3.4.2012)

     
   

(CM(2012)49)
(CM/Notes/1140/10.3b of …)

     
 

c. Election of a member of the Committee of Experts in respect of Cyprus
(Item to be prepared by the GR-J on 3.4.2012)

     
   

(CM(2012)50)
(CM/Notes/1140/10.3c of …)

     

10.4

European Committee on Crime Problems (CDPC) –
Draft Recommendation CM/Rec(2012)… to the Committee of Ministers to member States of the European Code of Ethics for Prison Staff
(Item to be prepared by the GR-J on 3.4.2012)

     
   

(CM(2012)53 prov)
(CM/Notes/1140/10.4 of …)

     

12.

Congress of Local and Regional Authorities of the Council of Europe

     

12.1

Exchange of views with the Secretary General of the Congress

     

13.

Any other business

Appendix 4

(Item 6.2c)

Resolution CM/ResAP(2012)1
on safety criteria for cosmetic products intended for infants9

(Adopted by the Committee of Ministers on 14 March 2012
at the 1137th meeting of the Ministers’ Deputies)

The Committee of Ministers, in its composition restricted to the representatives of the States Parties to the Convention on the Elaboration of a European Pharmacopoeia10 (“the Convention”),

Recalling the Declaration and Action Plan adopted by the Third Summit of Heads of State and Government of the Council of Europe (Warsaw 16-17 May 2005) – Chapter III “Building a more humane and inclusive Europe”, Article 1 “Ensuring social cohesion”, in particular laying down protection of health as a social human right and an essential condition for social cohesion and economic stability;

Recalling Resolution Res(59)23 of 16 November 1959 extending the activities of the Council of Europe in the Social and Public Health field on the basis of a Partial Agreement, and Resolutions Res(96)34 and Res(96)35 of 2 October 1996 revising the rules of the Partial Agreement;

Having regard to the decisions, taken by the Committee of Ministers at its meeting on 2 July 2008 (CM/Del/Dec(2008)1031/6.1), to dissolve the Partial Agreement in the Social and Public Health Field and to transfer activities related to cosmetics and food packaging to the European Directorate for the Quality of Medicines and HealthCare (EDQM) as of 1 January 2009, whereby the EDQM became responsible for developing harmonised approaches to ensure product quality and safety in the areas of cosmetic products and packaging materials for food and pharmaceutical products;

Considering the efforts made over several years (under the former Council of Europe Partial Agreement in the Social and Public Health Field) to improve the safe use of cosmetics;

Recalling Resolution ResAP(2005)4 on sun protection products to optimise consumer protection;

Recalling Resolution ResAP(2006)1 on a vigilance system for undesirable effects of cosmetic products (“cosmetovigilance”);

Recalling the Council of Europe Safety Survey on Active Ingredients used in Cosmetics (published in March 2008);

Recalling the Council of Europe Publications on Plants in Cosmetics (Vol. I published in September 2002; Vol. II published in September 2001; Vol. III published in September 2006);

Considering that a high level of health protection should be ensured for children;

Considering the generally positive attitude towards baby products and their benefits with the resulting risk of excessive use beyond hygienic purposes, in terms of the number of products used as well as the quantity used of the individual products;

Considering that cosmetic products may be ingested orally by infants due to specific behaviours including sucking and licking of hands, arms and feet;

Considering also that various cosmetics of the “leave-on” type are applied several times every day and that their ingredients may accumulate over time and contribute to long-term toxicities that are difficult to assess;

Recognising that infants are more sensitive to certain toxic effects of chemicals and, therefore, that special attention should be paid to the safety of cosmetic products that are intended to be used on them;

Acknowledging that several organs and vital physiological functions undergo significant development during childhood;

Being convinced that safety assessors and responsible persons for cosmetic products intended for infants will benefit from the specific recommendations laid down in a guidance document elaborated by the Committee of Experts on Cosmetic Products (P-SC-COS);

Taking into account the valuable contribution made by the Scientific Committee on Consumer Safety (SCCS) through their notes of guidance for the testing of cosmetic ingredients and their safety evaluation,11

Also taking into account Council Directive 76/768/EEC and Regulation (EC) No. 1223/2009 that lay down specific requirements for cosmetics for children under the age of three and that form the basis of the guidance document elaborated by the Committee of Experts on Cosmetic Products (P-SC-COS);

Recommends to the governments of States Parties to the Convention that they adopt legislative and other measures aimed at reducing the health risks for infants, arising from exposure to cosmetic products and their ingredients, according to the principles set out in the appendix to this resolution. These recommendations shall not prevent governments from maintaining or adopting national measures that implement stricter rules and regulations.

Appendix to Resolution CM/ResAP(2012)1

Article 1. Definitions

Cosmetic product – a product that complies with the definition given in Regulation (EC) No. 1223/2009 of 30 November 2009 on cosmetic products.

Cosmetic ingredient – any natural or synthetic substance or mixture that has been selected and intentionally added to the product composition.

Infant – a child under the age of three years.

Article 2. Scope

The provisions of this resolution relate to all cosmetic products placed on the market in one or more States Parties to the Convention that are intended or can reasonably be expected to be applied to infants for cosmetic purposes.

Article 3. General requirements

3.1 A cosmetic product intended for use on infants should be safe for his or her health when it is being used under normal and foreseeable conditions, taking into consideration the physiological characteristics, application area and infant-specific behaviour that may increase exposure to certain substances or to their toxic effects.

3.2 The product should comply with the basic requirements for cosmetic ingredients and finished cosmetic products, notably Regulation (EC) No. 1223/2009, and should follow the general principles stated in the Notes of Guidance for the Testing of Cosmetic Ingredients and their Safety Evaluation (SCCS).

3.3 The presentation of a cosmetic product intended for use on infants, and in particular its form, odour, colour, appearance, packaging, labelling, volume or size, should not endanger their health and safety due to confusion with food.

3.4 The cosmetic product should contain no more than a strict minimum number of ingredients; the following substances (including impurities) should not be present:

- substances with carcinogenic or mutagenic properties or substances that are toxic for reproduction (CMR),
- substances with endocrine disrupting activity,
- substances that are candidates for inclusion in Annex XIV of Regulation (EC) No. 1907/2006 (REACH),
- substances that are potent allergens.

3.5 Substances used in replacement of the substances stated above should adhere to the same safety criteria described herein.

3.6 The unintended presence of impurities or traces thereof, originating from raw materials, packaging materials, manufacturing process or from chemical changes or interactions in the finished product should be assessed.

3.7 Preservatives should be used at the lowest efficient concentrations.

3.8 The maximum tolerable concentration indicated in the guidance document for certain ingredients such as terpenes should not be exceeded.

3.9 The container and packaging of the cosmetic product should provide appropriate protection to ensure physicochemical stability and avoid microbiological contamination during storage, distribution and use. The materials used should be inert and should not release any toxic substances into the product.

Article 4. Risk assessment

4.1 When assessing risk, the exposure scenario should account for long-term toxicity and, as far as possible, cumulative daily exposure to the same ingredients originating from different sources.

4.2 On the basis of the toxicological data or in the absence of sufficient data, additional uncertainty factors proportionate to the degree of potential risk should be applied if there is reasonable cause for assuming higher sensitivity of an infant to a given substance.

Article 5. Documentation

5.1 The specific safety assessment of cosmetic products for infants should be documented as required by Regulation (EC) No. 1223/2009 and made readily accessible to the competent authorities.

5.2 Sufficient data on the toxicity profile of each ingredient, notably data reported in scientific literature, should be documented.

Article 6. Labelling

The instructions for use and general precautionary measures on the label should be sufficiently clear to ensure the safe use of the product and, in particular, to avoid any misuse.

Article 7. Guidance document

To support the implementation of the provisions of this resolution, a guidance document has been prepared by the Committee of Experts on Cosmetic Products (P-SC-COS), approved by the Consumer Health Protection Committee (CD-P-SC) and is available from the European Directorate for the Quality of Medicines and HealthCare (EDQM), a directorate of the Council of Europe. This guidance document will be regularly updated.

Appendix 5

(Item 6.3)

Reply to Parliamentary Assembly Recommendation 1976 (2011) on
“The role of parliaments in the consolidation and development of social rights in Europe”

(Adopted by the Committee of Ministers on 14 March 2012
at the 1137th meeting of the Ministers’ Deputies)

1. The Committee of Ministers has given careful consideration to Recommendation 1976 (2011) on “The role of parliaments in the consolidation and development of social rights in Europe”, which it has brought to the attention of the governments of member States and sent to the Steering Committee for Human Rights (CDDH), the European Committee for Social Cohesion (CDCS), to European Committee of Social Rights (ECSR) and to the Governmental Committee of the European Social Charter.

2. The Committee of Ministers fully agrees with the Assembly that national parliaments can play an important role in consolidating and developing social rights. It stresses the importance for parliaments to take steps to ensure full implementation of the standards provided for in international agreements, including in the field of social rights, when designing policy measures.

3. With specific regard to paragraph 1 of the recommendation, the Committee of Ministers would refer to its reply to Recommendation 1958 (2011) in which it informed the Assembly of the various initiatives taken on the occasion of the 50th anniversary of the European Social Charter with a view to guaranteeing and promoting social rights on our continent. It would reiterate its call on all those member States that have not yet ratified the revised European Social Charter or have not accepted the collective complaints mechanism, to consider doing so.

4. Paragraph 2 of the recommendation calls on the Committee of Ministers to draft a new protocol to the revised European Social Charter on the right to health, including the right to a healthy environment. In this respect, the Committee of Ministers confirms the importance of guaranteeing the right to health according to Article 11 of the European Social Charter. It would draw attention, in this regard, to the numerous decisions and conclusions related to the application of this Article, together with Articles 7, 12 and 13, in matters concerning patients’ rights, bioethics, social coverage of long, expensive treatment at different times of life, and emergency care. The Committee of Ministers would also signal the updated manual on Human Rights and the Environment prepared by the Steering Committee for Human Rights, which aims to increase the understanding of the relationship between the protection of human rights and the environment and thereby to contribute to strengthening environmental protection at the national level. To this end, the manual provides information about the case law of the European Court of Human Rights and highlights the impact and relevant interpretations of the European Social Charter by the European Committee of Social Rights. In the light of these elements, the Committee of Ministers does not consider it necessary at this stage to prepare such a new protocol.

5. In line with paragraph 3 of Recommendation 1976 (2011), the Committee of Ministers reaffirms its own commitment to respecting a reasonable timeframe for consultation with the Parliamentary Assembly on new draft Council of Europe treaties with a view to allowing it to give its opinion without undue haste. It remains committed to continuing the involvement of the Assembly in the process of drafting new conventions by ensuring that representatives of the Assembly are invited to participate in the meetings of expert committees entrusted with such tasks, as well as in ministerial conferences and other high-level events organised by the Council of Europe. In this respect, the Committee of Ministers would urge the Assembly to fully exploit these opportunities to allow its position, comments or suggestions to be taken into account throughout the drafting process of texts.

6. With reference to the possibility of introducing co-decision making on draft legal instruments, and in underlining the possibilities open to the Assembly to participate in the preparatory work of such texts, the Committee of Ministers would inform the Assembly that its position expressed in its reply to Recommendation 1763 (2006) remains unchanged in that the institutional balance at the Council of Europe does not require a reapportionment of responsibilities.

7. Finally the Committee of Ministers would inform the Assembly that in the context of the reform process, it was decided that intergovernmental activities in the areas of social cohesion and in certain dimensions of public health policies will continue, notably through the work of the European Committee on Social Cohesion. Given the transversal nature of both these themes, it would also underline the relevance of the work carried out in other fields such as Roma, migration, children, persons with disabilities, bioethics, the European Pharmacopoeia (EDQM), and the various monitoring mechanisms, with a view to strengthening social cohesion and the protection of health in member States.

Appendix 6

(Item 6.4)

Reply to Recommendation 315 (2011) of the Congress of Local and Regional Authorities of the Council of Europe on
“The situation of Roma
12 in Europe: a challenge for local and regional authorities”

(Adopted by the Committee of Ministers on 14 March 2012
at the 1137th meeting of the Ministers’ Deputies)

1. The Committee of Ministers has given careful consideration to Recommendation 315 (2011) on “The situation of Roma in Europe: a challenge for local and regional authorities”, which it has brought to the attention of the governments of member States and sent to relevant intergovernmental committees.13

2. The Committee of Ministers shares the overall concern expressed by the Congress regarding the situation of Roma in Europe, a concern demonstrated through the organisation of the high-level meeting on Roma in October 2010, and the resulting “Strasbourg Declaration”. As the Congress is aware, the Strasbourg Declaration includes guiding principles and priorities on a) non-discrimination, citizenship, women's and children’s rights; b) social inclusion including education, housing and healthcare and c) empowerment and better access to justice with regard to Roma. It led to the creation of a new European training programme for Roma mediators focusing on effective communication at local level between Roma communities and public institutions and improving access to schools, health and jobs. This programme is run on the basis of a partnership agreement between the Council of Europe and the European Union and will continue in 2012-2013. In addition, it would recall that a number of “Strasbourg Initiatives” were formulated by the Secretary General for concrete actions to be implemented by national governments, local and regional authorities. The aim of these developments is to suggest possible lines of action with a view to advancing on many of the issues raised by the Congress in its recommendation.

3. Whilst welcoming the substantial efforts underway subsequent to these initiatives, the Committee of Ministers remains vigilant and concerned by the situation of Roma, a position reiterated most recently in its Declaration on the rise of anti-Gypsyism and racist violence against Roma, adopted on 1 February 2012.

4. The Committee of Ministers agrees with the general spirit of the Congress recommendation. However, it would point out that in the light of the fact that member States have different positions with regard to the recognition of Roma as a national minority, it is unable to endorse each and every specific element of the recommendation. It would however invite individual member States to give due consideration to the various suggestions contained therein.

5. The Committee of Ministers warmly welcomes the active involvement of the Congress regarding the situation of Roma and concurs with the Congress concerning the crucial role of regional and local authorities in supporting Roma inclusion. In this respect, the Committee of Ministers would agree, in reference to paragraphs 6.b and 6.c, that there is a need to ensure, when developing national strategies for Roma inclusion, that local and regional authorities should have the capacity to effectively implement policies at their level, as well as consultation mechanisms with Roma representatives. It considers that work in this area could also include training and awareness-raising efforts at the local level on addressing prejudice and stereotypes towards Roma, e.g. by making use of the Council of Europe Dosta! Campaign.

6. The Committee of Ministers would also recall, particularly in relation to 6.e., 6.h. and 6.i., the relevance of the rights laid down in the European Social Charter, in particular relating to housing, health, education, employment, social and legal protection and non-discrimination.

7. The Committee of Ministers welcomes in particular the proposal to establish a European Alliance of Cities and Regions for Roma Inclusion and would call on member States to implement Recommendation CM/Rec(2008)5 on policies for Roma and/or Travellers in Europe and to draw on ECRI General Policy Recommendation No. 13 on combating anti-Gypsyism and discrimination against Roma, which is also referred to in its above-mentioned declaration. The Committee of Ministers would also point out, in response to paragraph 6.f., that Recommendation CM/Rec(2008)514 already recommends that “States should involve regional and local authorities from the earliest stages of developing the strategy, and ensure their commitment to its effective implementation. Regional and local authorities should develop action plans to implement national strategies at local and regional level”.

8. Finally, the Committee of Ministers has noted with interest the recommendation made by the Congress in paragraph 8 to set up a European programme for capacity building at local and regional level that would complement the Roma mediators training programme (ROMED). It considers that such an initiative could possibly be combined with the setting-up of the European Alliance of Cities and Regions for Roma Inclusion. In that context, it would encourage the relevant sectors of the Council of Europe to jointly explore, in co-operation with the European Union and other possible partners, the practical and financial feasibility of implementing that recommendation.

Appendix 7
(Item 10.1a)

Recommendation CM/RecChL(2012)1
of the Committee of Ministers
on the application of the European Charter for Regional or Minority Languages by Cyprus

(Adopted by the Committee of Ministers on 14 March 2012
at the 1137th meeting of the Ministers’ Deputies)

The Committee of Ministers,

In accordance with Article 16 of the European Charter for Regional or Minority Languages;

Having regard to the declarations submitted by Cyprus on 3 August 2005 and 5 November 2008;

Having taken note of the evaluation made by the Committee of Experts on the Charter with respect to the application of the Charter by Cyprus;

Bearing in mind that this evaluation is based on information submitted by Cyprus in its third periodical report, supplementary information given by the Cypriot authorities, information submitted by bodies and associations legally established in Cyprus, finally, on the information obtained by the Committee of Experts during its on-the-spot visit;

Having taken note of the comments made by the Cypriot authorities on the contents of the Committee of Experts' report;

Recommends that the Cypriot authorities take account of all the observations and recommendations of the Committee of Experts and, as a matter of priority:

1. adopt a structured policy for the protection and promotion of the Armenian and Cypriot Maronite Arabic languages;

2. strengthen the teaching in and of Cypriot Maronite Arabic;

3. provide teacher training for Armenian and Cypriot Maronite Arabic.

Appendix 8
(Item 10.1b)

Recommendation CM/RecChL(2012)2
of the Committee of Ministers
on the application of the European Charter for Regional or Minority Languages by Finland

(Adopted by the Committee of Ministers on 14 March 2012
at the 1137th meeting of the Ministers’ Deputies)

The Committee of Ministers,


In accordance with Article 16 of the European Charter for Regional or Minority Languages;

Having regard to the instrument of ratification submitted by Finland on 9 November 1994;

Having taken note of the evaluation made by the Committee of Experts of the Charter with respect to the application of the Charter by Finland;

Bearing in mind that this evaluation is based on information submitted by Finland in its fourth periodical report, on supplementary information given by the Finnish authorities, on information submitted by bodies and associations legally established in Finland and, finally, on information obtained by the Committee of Experts during its “on-the-spot” visit;

Having taken note of the comments made by the Finnish authorities on the contents of the Committee of Experts' report;

Recommends that the Finnish authorities take account of all the observations and recommendations of the Committee of Experts and, as a matter of priority:

1. further strengthen education in Sámi, notably through the development of a structured policy and a long-term financing scheme;

2. take urgent measures to protect and promote Inari and Skolt Sámi, which are particularly endangered languages, in particular by means of the provision of language nests on a permanent basis;

3. take further measures to ensure the accessibility of social and health care in Swedish and Sámi;

4. develop and implement innovative strategies for the training of Romani teachers, extend the production of teaching materials in Romani and increase the provision of teaching of Romani;

5. take measures to increase awareness and tolerance vis-à-vis the regional or minority languages of Finland, both in the general curriculum at all stages of education and in the media.

+ There were no decisions under this item.

+ There were no decisions under this item.

3 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.

4 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.

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/AS(2012)Rec1976 final.

7 The term “Roma” used at the Council of Europe refers to Roma, Sinti, Kale and related groups in Europe, including Travellers and the Eastern groups (Dom and Lom), and covers the wide diversity of the groups concerned, including persons who identify themselves as “Gypsies”.

8 See also document CM/Cong(2012)Rec315 final.

9 In the resolution and the guidance document that supplements it, the term “infant” is used to mean all children under the age of three.

10 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.

11 The SCCS’s Notes of Guidance for the Testing of Cosmetic Ingredients and their Safety Evaluation, 7th revision, SCCS/1416/11 (2011).

12 The term “Roma” used at the Council of Europe refers to Roma, Sinti, Kale and related groups in Europe, including Travellers and the Eastern groups (Dom and Lom), and covers the wide diversity of the groups concerned, including persons who identify themselves as “Gypsies”.

13 The European Committee for Local and Regional Democracy (CDLR), the Ad hoc Committee of Experts on Roma (CAHROM) and the Governmental Committee of the European Social Charter and the European Code of Social Security.

14 See paragraph V.3.ii of the Appendix to Recommendation CM/Rec(2008)5.



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