Ministers' Deputies
    Notes on the Agenda

    CM/Notes/925/2.4/4.5/10.7 2 May 2005 1
    ———————————————

    925 Meeting, 4 May 2005
    2 Political questions

    4 Human Rights
    10 Legal questions

    2.4 Draft Council of Europe convention on the prevention of terrorism and its Explanatory report

    4.5 Draft Council of Europe convention on action against trafficking in human beings and its Explanatory report

    10.7 Draft Council of Europe convention on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism and its Explanatory report

    ———————————————

Action

In the light of the discussions held at the 924th meeting of the Ministers' Deputies (20 April 2005)on these three items and of the new proposals of the European Union, resume consideration of the three above-mentioned draft conventions with a view to adopting them and taking note of their explanatory reports.

    1. Following the ad referendum adoption of the three draft conventions at the 923rd meeting of the Deputies (6 and 12 April 2005), and the information provided at their 924th meeting (20 April 2005) by the Luxembourg delegation, in its capacity as Presidency of the Council of the European Union, and the Commission of the European Communities, according to which the European Union could not lift its ad referendum as internal consultations were still to be held on certain aspects of the solution, the Ministers' Deputies decided to resume consideration of the three conventions at their 925th meeting (4 May 2005), at the latest.

    2. On 27 April 2005, the Luxembourg delegation, on behalf of the Presidency of the Council of the European Union on the one hand and of the European Commission on the other hand, transmitted new proposals for an agreement on the three draft conventions, which are set out in the appendix to the present Notes on the Agenda.

    3. In the light of this new proposal, the Deputies are invited to resume consideration of the three above-mentioned draft conventions at their present meeting, with a view to adopting them and to taking note of their explanatory reports.

    DRAFT DECISIONS

    925th meeting – 4 May 2005

    Item 2.4

    Draft Council of Europe convention on the prevention of terrorism and its Explanatory report
    (CM/Del/Dec(2005)924/2.4 CM(2005)34 Addendum 1 revised 2 and Addendum 2 revised 2)

    Decisions

    The Deputies

    1. adopted the Council of Europe Convention on the prevention of terrorism as it appears at Appendix .. to the present volume of Decisions;

    2. took note of the declaration made by the European Community and the member states of the European Union;

    3. agreed to open the Convention for signature on the occasion of the Third Summit of Heads of State and Government of the Council of Europe to be held in Warsaw, Poland, on 16-17 May 2005;

    4. took note of the Explanatory report to the Convention as it appears in document CM(2005)34 Addendum 2 revised 2.

    * * *

    925th meeting – 4 May 2005

    Item 4.5

    Draft Council of Europe convention on action against trafficking in human beings and its Explanatory report
    (CM/Del/Dec(2005)924/4.8, CM(2005)32 Addendum 1 revised 4 and Addendum 2 revised 3)

    Decisions

    The Deputies

    1. adopted the Council of Europe Convention on action against trafficking in human beings as it appears at Appendix .. to the present volume of Decisions;

    2. took note of the declaration made by the European Community and the member states of the European Union;

    3. agreed to open the Convention for signature on the occasion of the Third Summit of Heads of State and Government of the Council of Europe to be held in Warsaw, Poland, on 16-17 May 2005;

    4. took note of the Explanatory report to the Convention as it appears in document CM(2005)32 Addendum 2 revised 3.

    925th meeting – 4 May 2005

    Item 10.7

    Draft Council of Europe convention on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism and its Explanatory report
    (CM/Del/Dec(2005)924/10.6, CM(2005)35 revised 2 and Addendum revised 2)

    Decisions

    The Deputies

    1. adopted the Council of Europe Convention on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism as it appears at Appendix .. to the present volume of Decisions;

    2. took note of the declaration made by the European Community and the member states of the European Union;

    3. agreed to open the Convention for signature on the occasion of the Third Summit of Heads of State and Government of the Council of Europe to be held in Warsaw, Poland, on 16-17 May 2005;

    4. took note of the Explanatory report to the Convention, as it appears in document CM(2005)35 Addendum revised 2.

    Appendix

Représentation Permanente
du
Grand-Duché de Luxembourg
auprès
du Conseil de l'Europe

    Strasbourg, le 27 avril 2005

    Objet : Proposition de l'UE concernant les Conventions du Conseil de l'Europe

    Monsieur le Secrétaire,

    Au titre de la Présidence du Conseil de l'Union Européenne d'une part, et de la Commission Européenne d'autre part, nous vous saurions gré de bien vouloir faire distribuer le document ci-joint à l'ensemble des délégations.
    Ce document contient une nouvelle proposition de compromis, élaborée à l'issue de consultations approfondies au sein de l'UE.
    Nous espérons que ces éléments permettront l'adoption des trois Conventions lors d'une prochaine réunion du Comité des Ministres, que nous laissons à la Présidence le soin de fixer.
    Nous vous prions d'agréer, Monsieur le Secrétaire, l'expression de nos sentiments très distingués.

    Ronald Mayer Michel Caillouet
    Ambassadeur Ambassadeur
    Représentant Permanent Commission Européenne

    Monsieur Leonard G. Davies
    Secrétaire du Comité des Ministres
    Palais de l'Europe
    Strasbourg

    EU proposal

    for an agreement on the Council of Europe Conventions
    Trafficking, Terrorism, Money-laundering

    Tuesday 26th April

      1) The following clause should be included in the three conventions:

        Without prejudice to the object and purpose of the present Convention and without prejudice to its full application with other Parties, Parties which are members of the European Union shall, in their mutual relations, apply Community and EU rules in so far as there are Community or EU rules governing the particular subject concerned and applicable to the specific case.”

      2) Article 23 of the Terrorism Convention shall include the possibility for the European Community to become a party of this Convention. It shall read:

        “This convention shall be open for signature by the member States of the Council of Europe, the European Community and by non-member states which have participated in its elaboration.”

      3) Article 37§4 should be deleted. In respect to article 37§3 of the Trafficking Convention, the explanatory memorandum should mention the following:

        “The Rules of Procedure of the Committee of the Parties need to take due account of the specificities regarding the number of votes cast by the European Community in matters falling within its competence.
        It is also understood that the rules of procedure of the Committee of the Parties need to be drafted so as to make sure that the Parties to this Convention, including the European Community, will be effectively monitored under Article 38.7."

      4) In respect to the clause proposed under point 1 of this document, EC/EU accepts to include in the explanatory memoranda of all 3 Conventions the following :

        "The European Community would be in a position to provide, for the sole purpose of transparency, necessary information about the division of competence between the Community and its Member States in the area covered by the present Convention, inasmuch as this does not lead to additional monitoring obligations placed on the Community."

      5) The following Declaration will be made by the European Community and its member states upon adoption of the three Conventions:

    Proposal for a declaration
    of the European Community and the member States of the European Union

    [upon adoption of the Convention on action against trafficking in human beings, the Convention on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism and the Convention on the prevention of terrorism]

    “The European Community/European Union and its Member States reaffirm that their objective in requesting the inclusion of a “disconnection clause” is to take account of the institutional structure of the Union when acceding to international conventions, in particular in case of transfer of sovereign powers from the Member States to the Community.

    This clause is not aimed at reducing the rights or increasing the obligations of a non-EU party vis-à-vis the European Community/European Union and its Member States, inasmuch as the latter are also parties to this Convention.

    The disconnection clause is necessary for those parts of the convention which fall within the competence of the Community / Union, in order to indicate that European Union Member States cannot invoke and apply the rights and obligations deriving from the Convention directly among themselves (or between themselves and the European Community / Union). This does not detract from the fact that the Convention applies fully between the European Community/European Union and its Member States on the one hand, and the other Parties to the Convention, on the other; the Community and the European Union Members States will be bound by the Convention and will apply it like any party to the Convention, if necessary, through Community / Union legislation. They will thus guarantee the full respect of the Convention's provisions vis-à-vis non-EU parties."

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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