Ministers' Deputies
Notes on the Agenda

CM/Notes/924/10.3 8 April 20051
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924 Meeting, 20 April 2005
10 Legal questions


10.3 European Committee on Crime Problems (CDPC) –

a. Abridged report of the 54th meeting (Strasbourg, 7-11 March 2005)
b. Draft Recommendation Rec(2005)… of the Committee of Ministers to member states on the protection of witnesses and collaborators of justice
c. Draft Recommendation Rec(2005)… of the Committee of Ministers to member states on “special investigation techniques” in relation to serious crimes including acts of terrorism

Reference documents
CM(2005)41 and Addenda 1 and 2

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Action

To take note of the abridged report of the 54th plenary meeting of the European Committee on Crime Problems (CDPC) and to adopt the relevant decisions.

To adopt the draft Recommendation of the Committee of Ministers to member states on the protection of witnesses and collaborators of justice (CM(2005)41, Appendix II) and to take note of its Explanatory memorandum (CM(2005)41 Addendum 1).

To adopt the draft Recommendation of the Committee of Ministers to member states on “special investigation techniques” in relation to serious crimes including acts of terrorism (CM(2005)41, Appendix III) and to take note of its Explanatory memorandum (CM(2005)41 Addendum 2).

1. The European Committee on Crime Problems (CDPC) held its 54th plenary meeting in Strasbourg from 7 to 11 March 2005. The abridged report of the meeting is contained in document CM(2005)41.

2. The CDPC invited the Committee of Ministers:

a. to adopt the draft Convention on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism and take note of its Explanatory report (document CM(2005)35 and Addendum). This item has been on the agenda of the Deputies 921st and 923rd meetings (30 March 2005 and 6 April 2005);
b. to adopt the text of the draft Recommendation on the protection of witnesses and collaborators of justice and take note of its Explanatory memorandum (CM(2005)41, Appendix II and Addendum 1);

c. to adopt the text of the draft Recommendation on “special investigation techniques” in relation to serious crimes including acts of terrorism and to take note of its Explanatory memorandum (CM(2005)41, Appendix III and Addendum 2);

d. to approve the increase of the membership of the CDPC Bureau from 7 to 9 members (see CM(2005)41, paragraph 5);

e. to approve the draft revised specific terms of reference of MONEYVAL (CM(2005)41, Appendix IV), extending the terms of office of the Chair and Vice-Chair from one to two years, in order that these terms of office remain in phase with the monitoring cycles;

f. to approve the draft specific terms of reference of the Consultative Council of European Prosecutors (CCPE), and to decide that the CCPE may send representatives to the CDPC and to the Consultative Council of European Judges (CCJE) (see CM(2005)41, paragraph 3b and Appendix V);

g. to approve the draft revised specific terms of reference of the Committee of experts on transnational criminal justice (PC-TJ) in particular to extend the terms of reference until 31 January 2006 and to cover the travel and subsistence expenses for one additional member who has been elected as the Chair (CM(2005)41, Appendix VI);

h. to approve the draft ad hoc terms of reference for the Council for Police Matters (PC-PM) relating to the regulation of private security services (CM(2005)41, Appendix VII).

3. The CDPC invited the Committee of Ministers to note:

a. the adoption by the CDPC of the document on the revised working methods of the CDPC and its Bureau (CM(2005)41, Appendix VIII), as a result of which the CDPC will be able to work more effectively and, in particular, respond more rapidly to requests for opinions (see also CM(2005)41, paragraph e);

b. its opinion on the institutionalisation of the Conference of Prosecutors General of Europe (CPGE) (CM(2005)41, Appendix IX);

c. the adoption by the CDPC of its Progress Report on the updating of the European Prison Rules and the feasibility of a European Prison Charter, to be presented to the 26th Ministers of Justice Conference in Helsinki, 7 – 8 April 2005 - as requested by the Committee of Ministers in its reply to Parliamentary Assembly Recommendation 1656 (2004) [CM/AS Rec. 1656 final, 11 June 2004] (CM(2005)41, Appendix X);

d. the priority nature of the activities of the CDPC and its standard setting role in the field of criminal justice and the need to ensure the availability of sufficient resources to enable it to carry out as rapidly as possible its programme of activities;

e. its regret that it had not been consulted on a number of important texts concerning criminal matters, given that its role in ensuring a coherent, consistent and comprehensive European criminal policy could not be carried out if its opinion was not sought on such questions (see CM(2005)41, paragraph a).

4. Finally, the CDPC invited the Committee of Ministers to take note of its abridged report as a whole.

Financing assured: YES

DRAFT DECISIONS

924th meeting – 20 April 2005

Item 10.3a

European Committee on Crime Problems (CDPC) –

a. Abridged report of the 54th meeting (Strasbourg, 7-11 March 2005)
(CM(2005)41)

Decisions

The Deputies

1. approved the increase of the membership of the European Committee on Crime Problems (CDPC) Bureau from 7 to 9 members;

2. approved the revised specific terms of reference of the Select Committee of Experts on the Evaluation of Anti-Money Laundering Measures (MONEYVAL) as it appears at Appendix … to the present volume of Decisions, extending the terms of office of the Chair and Vice-Chair from one to two years, in order that these terms of office remain in phase with the monitoring cycles; < CM(2005)41, Appendix IV >

3. approved the specific terms of reference of the Consultative Council of European Prosecutors (CCPE) as it appears at Appendix… to the present volume of Decisions, and decided that the CCPE may send representatives to the CDPC and to the Consultative Council of European Judges (CCJE);
< CM(2005)41, paragraph 3b and Appendix V) >

4. approved the revised specific terms of reference of the Committee of experts on transnational criminal justice (PC-TJ) as it appears at Appendix … to the present volume of Decisions;< CM(2005)41, Appendix VI) >

5. approved the ad hoc terms of reference for the Council for Police Matters (PC-PM) relating to the regulation of private security services as it appears at Appendix … to the present volume of Decisions;
< CM(2005)41, Appendix VII >

6. took note of the abridged report of the 54th plenary meeting of the CDPC (Strasbourg, 7-11 March 2005) as a whole.

924th meeting – 20 April 2005

Item 10.3b

European Committee on Crime Problems (CDPC) –

b. Draft Recommendation Rec(2005)… of the Committee of Ministers to member states on the protection of witnesses and collaborators of justice
(CM(2005)41 and Addendum 1)

Decisions

The Deputies

1. adopted the Recommendation Rec(2005)... of the Committee of Ministers to member states on the protection of witnesses and collaborators of justice, as it appears in Appendix … to the present volume of Decisions; << CM(2005)41, Appendix II>>

2. took note of the Explanatory memorandum to the Recommendation as it appears in document CM(2005)41 Addendum 1.

924th meeting – 20 April 2005

Item 10.3c

European Committee on Crime Problems (CDPC) –

c. Draft Recommendation Rec(2005)… of the Committee of Ministers to member states on “special investigation techniques” in relation to serious crimes including acts of terrorism
(CM(2005)41 and Addendum 2)

Decisions

The Deputies

1. adopted the Recommendation Rec(2005)... of the Committee of Ministers to member states on “special investigation techniques” in relation to serious crimes including acts of terrorism, as it appears in Appendix … to the present volume of Decisions; << CM(2005)41, Appendix III>>

2. took note of the Explanatory memorandum to the Recommendation as it appears in document CM(2005)41 Addendum 2.

Note 1 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.


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