Ministers’ Deputies
Notes on the Agenda

CM/Notes/1056/1.5 revised 7 May 20091
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1056 Meeting, 6-7 May 2009
1 General questions


1.5 119th Session of the Committee of Ministers
(Madrid, 12 May 2009) – Preparation

Reference documents
CM(2008)34, CM/Del/Dec(2009)1050/1.5, CM/Del/Dec(2009)1052/1.5 , CM/Del/Dec(2009)1053/1.5., CM/Del/Dec(2009)1054/1.5, CM/Del/Dec(2009)1055/1.5, CM(2009)OJ1 prov2, CM/Inf(2009)25,
CM(2009)50 prov. 6

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Action

Take the decisions on the preparation of the 119th Session of the Committee of Ministers which appear hereafter.

1. The 119th Ministerial Session will be held in Madrid on Tuesday, 12 May 2009 to mark the 60th anniversary of the Council of Europe. The handover of the chairmanship from Spain to Slovenia will consequently take place on the same date.

2. According to the invitation letter sent by Spain’s Minister for Foreign Affairs and Co-operation, Miguel Ángel Moratinos, to his colleagues, the Session will start in the morning of 12 May with a formal session during which decisions concerning the Organisation’s action will be taken. Then, there will be an informal working lunch, in restricted session, for the discussion of a topical issue. A debriefing meeting will be organised in the afternoon to inform delegations about the discussions held during the informal lunch.

3. At their 1050th, 1052nd, 1053rd, 1054th and 1055th meetings (11 and 25 March, 1, 15-16 and 22-23 April 2009), the Deputies discussed the preliminary draft agenda of the Ministerial Session and agreed to resume examination of this issue at the present meeting. The Deputies are invited to agree on the items to be included on the provisional draft agenda on the basis of the proposals made by the Chair. They are also invited to take note of the draft annotated agenda as contained in document CM(2009)OJ1 prov2. The Chair will inform the Committee of the topical political issue for discussion during the informal working lunch.

Issues to be discussed

4. In addition to the topic that will be chosen for discussion during the informal working lunch, the Chair reminds delegations that the agenda will include also items that follow from decisions taken at the previous ministerial session. This concerns the following items:

guaranteeing the long-term effectiveness of the control system of the European Convention on Human Rights (with special reference to the report to be presented by the Steering Committee for Human Rights (CDDH));

co-operation between the Council of Europe and the European Union (with special reference the report on the follow-up to the Memorandum of Understanding between the Council of Europe and the European Union and to the Juncker report);

follow-up given to other priorities resulting from the Warsaw Summit (with special reference to the report on the implementation of Chapter V of the Action Plan).

5. In the light of the fact that the Steering Committee on Equality between Women and Men (CDEG) has been able to complete its elaboration of a draft Declaration of the Committee of Ministers: Making gender equality a reality, in time for the Ministerial Session, Spain also proposes to add an item on the agenda of the Session relating to the adoption of this text, which falls under its Chairmanship’s priorities.

6. The Spanish Chairmanship also intends to add an item relating to the Council of Europe and the conflict in Georgia to the agenda.

7. An item relating to the adoption of a draft resolution on the appointment to the post of Secretary General also needs to be on the agenda.

8. Furthermore, the agenda should include an item relating to the adoption of a draft Declaration to mark the 60th anniversary of the Council of Europe.

9. With respect to a large part of these items, Ministers could be invited to adopt decisions without debate (in the box) which will be reflected in the minutes of the Session.

10. Institutional matters linked to the handover of the chairmanship (stocktaking of the achievements of the outgoing chair and presentation of the priorities of the incoming chair) will also be included on the agenda of the formal session.

11. National position papers containing detailed statements by the Ministers or by delegations not represented at ministerial level will be distributed during the formal session.

Documents under preparation for the Ministerial Session

12. A number of documents which are to be transmitted to the Ministerial Session have now been finalised :

- at the present meeting under item 4.1a, the following documents have been examined:

    · the activity report of the Steering Committee for Human Rights (CDDH) on guaranteeing the long-term effectiveness of the control system of the European Convention on Human Rights;
    · the Final Opinion of the CDDH on the question of putting into practice certain procedures envisaged to increase the Court’s case-processing capacity;
    · the Opinion of the Committee of Legal Advisers on Public International Law (CAHDI) on the public international law aspects of the advisability and modalities of inviting the European Court of Human Rights to put into practice certain procedures which are already envisaged to increase the Court’s case-processing capacity, in particular the new single judge and committee procedures;
    · the draft Protocol No. 14 bis to the European Convention on Human Rights and its Explanatory Report and related documents;
    · the draft statement on the agreement to be reached by consensus at the Conference of the High Contracting Parties to the European Convention on Human Rights.

- The Deputies have approved the draft report on relations between the Council of Europe and the European Union under item 2.4;

- a draft report on the implementation of Chapter V of the Warsaw Action Plan was approved by the Deputies at their 1055th meeting (document CM(2009)53 final);

- the draft Declaration: Making gender equality a reality has been approved by the Deputies under item 4.2;

13. The Deputies are invited to approve the draft Declaration to mark the 60th anniversary of the Council of Europe and to agree to transmit it to the Ministerial Session for adoption (document CM(2009)50 prov. 6).

14. With respect to all these items, the draft decisions should be finalised by the Deputies at their 1056th meeting (6-7 May 2009) at the latest.

15. The Deputies have prepared the draft Resolution to be adopted by the Ministers concerning the election of the Secretary General at their 1055th meeting (document CM(2009)54).

16. At the present meeting, delegations are invited to provide any additional information regarding the participation of Ministers in the Session. The list of speakers for the formal session was distributed on Wednesday, 6 May 2009 at 3 pm.

17. The 119th Session will also give the opportunity – as it is the case for each ministerial session – to hold a certain number of bilateral meetings. These could take place either at the direct initiative of delegations, or with the assistance of the Secretariat.

Financing assured: YES

DRAFT DECISIONS

1054th meeting – 15-16 April 2009

Item 1.5

119th Session of the Committee of Ministers (Madrid, 12 May 2009) –
Preparation
(CM(2008)34, CM/Del/Dec(2009)1050/1.5, CM/Del/Dec(2009)1052/1.5 , CM/Del/Dec(2009)1053/1.5., CM/Del/Dec(2009)1054/1.5, CM/Del/Dec(2009)1055/1.5, CM(2009)OJ1 prov2, CM/Inf(2009)25, CM(2009)50 prov. 6)

Decisions

The Deputies

As far as the issues to be discussed at the Ministerial Session are concerned:

1. took note of the Chairmanship's proposals for the items to be included on the agenda of the 119th Session of the Committee of Ministers, in the light of the preliminary draft programme prepared by the Chairmanship for the Session, as it appears at Appendix ….to the present volume of Decisions;

2. on the basis of these proposals, decided to include the following items on the provisional draft agenda of the 119th Session:

    i. Guaranteeing the long-term effectiveness of the control system of the European Convention on Human Rights;

    ii. Relations between the Council of Europe and the European Union: overall assessment of the follow-up to the Memorandum of Understanding and to recommendations of the report by Jean-Claude Juncker, Prime Minister of the Grand Duchy of Luxembourg;

    iii. Follow-up given to other priorities resulting from the Warsaw Summit: implementation of Chapter V of the Action Plan of the Third Summit;

    iv. Declaration: Making gender equality a reality;

    v. The Council of Europe and the conflict in Georgia;

    vi. Election of the Secretary General;

    vii. Declaration to mark the 60th anniversary of the Council of Europe;

    viii. [The Council of Europe's values: a reality for all in Europe;]

3. took note of the draft annotated agenda of the 119th Session of the Committee of Ministers, as it appears in document CM(2009)OJ1 prov2;

4. approved the draft Declaration to mark the 60th anniversary of the Council of Europe, as it appears in document CM(2009)50 prov6, and agreed to transmit it to the Ministerial Session for adoption.

Appendix

Preliminary draft programme of the 119th Session of the Committee of Ministers

Tuesday 12 May 2009

10am: Formal session

Preliminary draft agenda:

1. Adoption of the agenda

2. The Council of Europe’s contribution to common stability and security – follow-up to the Warsaw Summit and decisions concerning future activities

      Guaranteeing the long-term effectiveness of the control system of the European Convention on Human Rights

      Relations between the Council of Europe and the European Union: overall assessment of the follow-up to the Memorandum of Understanding and to recommendations of the report by Jean-Claude Juncker, Prime Minister of the Grand Duchy of Luxembourg

      Follow-up given to other priorities resulting from the Warsaw Summit: implementation of Chapter V of the Action Plan of the Third Summit

      Declaration: Making gender equality a reality

3. The Council of Europe and the conflict in Georgia

4. Election of the Secretary General

5. Declaration to mark the 60th anniversary of the Council of Europe

6. [The Council of Europe's values: a reality for all in Europe]

7. Other business

8. Handover of the chairmanship from Spain to Slovenia

- Report of the Spanish Chairmanship
- Priorities of the Slovenian Chairmanship

9. Date and venue of the next Session

1pm: Informal working lunch – [The Council of Europe's values: a reality for all in Europe;]

End of the Session

3pm: Debriefing for delegations

4pm: Press conference given by the outgoing and incoming Chairs of the Committee of Ministers and the Secretary General

Note 1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.


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