Ministers' Deputies / Rapporteur Groups
GR-J
Rapporteur Group on Legal Co-operation

GR-J(2008)6 15 May 20081
————————————————

Draft annotated agenda
Meeting of 27 May 2008

————————————————

03/08 “Situation of longstanding refugees and displaced persons in South-Eastern Europe” -
Parliamentary Assembly Recommendation 1802 (2007)
REC_1802 (2007), CM/AS(2007)Rec1802 prov2, DD(2008)7

1. Recommendation 1802 (2007) was adopted by the Parliamentary Assembly on 27 June 2007. At their 1001st meeting (5 July 2007, item 3.1b), the Deputies decided to bring it to the attention of their governments and to communicate it to the European Committee on Migration (CDMG), to the Committee of Experts on Roma and Travellers (MG-S-ROM), and to the Steering Committee for Human Rights (CDDH) for information and possible comments by 31 October 2007. They also invited their Rapporteur Group on Legal Co-operation (GR-J) to prepare a draft reply for adoption at one of their forthcoming meetings.

2. The Secretariat prepared the draft reply contained in document CM/AS(2007)Rec1802 prov, which the Group examined at its meeting on 10 January 2008, together with proposals for amendments submitted by one delegation (DD(2008)7). On the request of another delegation, wishing to consult its capital on the proposed amendments, the discussion was postponed to the next meeting.

3. On 26 February 2008, the Group examined a revised draft reply (document CM/AS(2007)Rec1802 prov2, including the proposed amendments). Several delegations stated that they could not accept the proposed amendments. The Group decided to defer the item, on the understanding that the Chairman would undertake consultations with interested delegations, if the delegation having proposed amendments wished to maintain them. A first round of consultations, of which the Chairman informed the Group on 21 April 2008, yielded no results.

4. The Chairman will report on the outcome of his further consultations, and possibly table a draft text for consideration.

18/08 “Political dimension of the Council of Europe budget” – Parliamentary Assembly Recommendation 1812 (2007)
REC_1812 (2007), CM/AS(2008)Rec1812 prov

5. Recommendation 1812 (2007) was adopted by the Parliamentary Assembly on 3 October 2007. At their 1009th meeting (24 October 2007, 3.1a), the Deputies decided to bring it to the attention of their governments and agreed to communicate it to the organs of the Council of Europe Development Bank (CEB) for information and possible comments by 31 December 2007. They also invited their Rapporteur Group on Administrative and Budgetary Questions (GR-AB) and their Rapporteur Group on Legal Co-operation (GR-J) to prepare a draft reply for adoption at one of their forthcoming meetings.

6. The Secretariat prepared the draft reply contained in document CM/AS(2007)Rec1812 prov, which the Rapporteur Group on Administrative and Budgetary Questions (GR-AB) will examine at its meeting on 14 May 2008.

7. The Group is invited to examine the draft reply, subject to any modifications the GR-AB might introduce, with a view to submitting it to the Deputies for adoption at their 1029th meeting (11 June 2008) without further debate (item placed in the box).

19/08 “Towards decriminalisation of defamation” – Parliamentary Assembly Recommendation 1814 (2007)
REC_1814 (2007), CM/AS(2008)Rec1814 prov

8. Recommendation 1814 (2007) was adopted by the Parliamentary Assembly on 4 October 2007. At their 1009th meeting (24 October 2007, 3.1a), the Deputies decided to bring it to the attention of their governments and agreed to communicate it to the European Committee on Crime Problems (CDPC), to the Steering Committee on the Media and New Communication Services (CDMC), to the Steering Committee on Human Rights (CDDH) and to the Council of Europe Commissioner for Human Rights for information and possible comments by 31 December 2007. They also invited their Rapporteur Group on Legal Co-operation (GR-J) to prepare a draft reply for adoption at one of their forthcoming meetings.

9. The Secretariat prepared the draft reply contained in document CM/AS(2008)Rec1814 prov, which the Group is invited to examine with a view to submitting it to the Deputies for adoption at their 1029th meeting (11 June 2008) without further debate (item placed in the box).

20/08 “Prostitution – Which stance to take?” – Parliamentary Assembly Recommendation 1815 (2007)
REC_1815 (2007), CM/AS(2008)Rec1815 prov

10. Recommendation 1815 (2007) was adopted by the Parliamentary Assembly on 4 October 2007. At their 1009th meeting (24 October 2007, item 3.1a), the Deputies decided to bring it to the attention of their governments and agreed to communicate it to the European Committee on Crime Problems (CDPC) and to the European Committee on Legal Co-operation (CDCJ) for information and possible comments by 31 December 2007, as well as to Steering Committee for Equality between Women and Men (CDEG) for information. They also invited their Rapporteur Group on Legal Co-operation (GRJ) to prepare a draft reply for adoption at one of their forthcoming meetings.

11. The Secretariat prepared the draft reply contained in document CM/AS(2008)Rec1815 prov, which the Group is invited to examine with a view to submitting it to the Deputies for adoption at their 1029th meeting (11 June 2008) without further debate (item placed in the box).

21/08 ”Co-operation between the Assembly and the Conference of INGOs” – Parliamentary Assembly Recommendation 1820 (2007)
REC_1820 (2007), CM/AS(2008)Rec1820 prov

12. Recommendation 1820 (2007) was adopted by the Standing Committee on 23 November 2007. At their 1014th meeting (12 December 2007, item 3.1b), the Deputies decided to bring it to the attention of their governments and agreed to communicate it to the European Committee on Legal Co-operation (CDCJ) for information and possible comments by 15 March 2008. They also invited their Rapporteur Group on Legal Co-operation (GR-J) to prepare a draft reply for adoption at one of their forthcoming meetings.

13. The Secretariat prepared the draft reply contained in document CM/AS(2008)Rec1820 prov, which the Group is invited to examine with a view to submitting it to the Deputies for adoption at their 1029th meeting (11 June 2008) without further debate (item placed in the box).

22/08 Committee of Experts on Terrorism (CODEXTER)

a. Abridged report of the 14th meeting (Strasbourg, 7-9 April 2008)

b. Opinion on Recommendation 1824 (2008) of the Parliamentary Assembly “United Nations Security Council and European Union blacklists”
CM(2008)70

14. The Group is invited to examine the abridged report of the 14th meeting of the Committee of Experts on Terrorism (CODEXTER), as it appears in document CM(2008)70, with a view to transmitting it to the Deputies for adoption of the relevant decisions.

c. Updating the treaty list appended to the Council of Europe Convention on the Prevention of Terrorism

15. At its 14th meeting (Strasbourg, 7-9 April 2008) the Committee of Experts on Terrorism (CODEXTER) noted the entry into force on 7 July 2007 of the International Convention for the Suppression of Acts of Nuclear Terrorism2 and agreed “to invite the Committee of Ministers to set in motion an update of the list of treaties appended to the Council of Europe Convention on the Prevention of Terrorism in accordance with the simplified procedure provided for in Article 28 of the convention”.

16. Article 28 of the Council of Europe Convention on the Prevention of Terrorism provides:

    “Article 28 – Revision of the Appendix

    In order to update the list of treaties in the Appendix, amendments may be proposed by any Party or by the Committee of Ministers. These proposals for amendment shall only concern universal treaties concluded within the United Nations system dealing specifically with international terrorism and having entered into force. They shall be communicated by the Secretary General of the Council of Europe to the Parties.

    After having consulted the non-member Parties, the Committee of Ministers may adopt a proposed amendment by the majority provided for in Article 20.d of the Statute of the Council of Europe. The amendment shall enter into force following the expiry of a period of one year after the date on which it has been forwarded to the Parties. During this period, any Party may notify the Secretary General of the Council of Europe of any objection to the entry into force of the amendment in respect of that Party.

    If one third of the Parties notifies the Secretary General of the Council of Europe of an objection to the entry into force of the amendment, the amendment shall not enter into force.

    If less than one third of the Parties notifies an objection, the amendment shall enter into force for those Parties which have not notified an objection.

    Once an amendment has entered into force in accordance with paragraph 2 and a Party has notified an objection to it, this amendment shall come into force in respect of the Party concerned on the first day of the month following the date on which it notifies the Secretary General of the Council of Europe of its acceptance.”

17. The International Convention for the Suppression of Acts of Nuclear Terrorism is a universal treaty concluded within the United Nations system and dealing specifically with international terrorism. It was adopted at New York on 13 April 2005 and came into force on 7 July 2007. Thus the amendment procedure in Article 28 of the Council of Europe Convention on the Prevention of Terrorism is now applicable.

18. The list of signatures and ratifications of the Council of Europe Convention on the Prevention of Terrorism is appended hereto.

19. These are the proposed decisions for adoption of the relevant decisions by the Deputies at their 1029th meeting (11 June 2008) without further debate (item placed in the box):

    “The Deputies

    1. took note of the opinion of the Committee of Experts on Terrorism (CODEXTER) on Recommendation 1824 (2008) of the Parliamentary Assembly, as it appears in document CM(2008)70, Appendix 2, and of the fact that it will be used in preparing the reply to the Assembly Recommendation;

    2. upon the invitation of the Committee of Experts on Terrorism (CODEXTER), decided to propose updating the treaty list appended to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) by adding to it the International Convention for the Suppression of Acts of Nuclear Terrorism;

    3. instructed the Secretary general to communicate to the Parties to the Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) the proposal in paragraph 2 above;

    4. took note of the abridged report 14th meeting of the CODEXTER, as it appears in document CM(2008)70, as a whole.”

Any other business

Date of the next meeting

Tuesday, 1 July 2008 at 10 a.m.

Appendix

Council of Europe Convention on the Prevention of Terrorism
CETS No.: 196

Treaty open for signature by the member States, the non-member States which have participated in its elaboration and by the European Community, and for accession by other non-member States

Opening for signature

Entry into force

Place: Warsaw
Date : 16/5/2005

Conditions: 6 Ratifications including 4 Member States.
Date : 1/6/2007

Status as of: 7/5/2008

Member States of the Council of Europe

States 

Signature 

Ratification 

Entry into force 

Notes 

R. 

D. 

A. 

T. 

C. 

O. 

Albania  

22/12/2005  

6/2/2007  

1/6/2007  

   

   

   

   

   

   

   

Andorra  

17/11/2005  

6/5/2008  

1/9/2008  

   

   

X  

   

   

   

   

Armenia  

17/11/2005  

   

   

   

   

   

   

   

   

   

Austria  

16/5/2005  

   

   

   

   

   

   

   

   

   

Azerbaijan  

16/5/2005  

   

   

   

   

X  

   

   

   

   

Belgium  

19/1/2006  

   

   

   

   

   

   

   

   

   

Bosnia and Herzegovina  

19/1/2006  

11/1/2008  

1/5/2008  

   

   

   

   

   

   

   

Bulgaria  

17/11/2005  

31/7/2006  

1/6/2007  

   

   

   

   

   

   

   

Croatia  

16/5/2005  

21/1/2008  

1/5/2008  

   

   

   

   

   

   

   

Cyprus  

16/5/2005  

   

   

   

   

   

   

   

   

   

Czech Republic  

   

   

   

   

   

   

   

   

   

   

Denmark  

16/5/2005  

24/4/2007  

1/8/2007  

   

X  

X  

   

   

   

   

Estonia  

7/9/2005  

   

   

   

   

   

   

   

   

   

Finland  

16/5/2005  

17/1/2008  

1/5/2008  

   

   

   

   

   

   

   

France  

22/5/2006  

29/4/2008  

1/8/2008  

   

   

   

   

   

   

   

Georgia  

14/12/2005  

   

   

   

   

   

   

   

   

   

Germany  

24/10/2006  

   

   

   

   

   

   

   

   

   

Greece  

17/11/2005  

   

   

   

   

   

   

   

   

   

Hungary  

10/10/2007  

   

   

   

   

X  

   

   

   

   

Iceland  

16/5/2005  

   

   

   

   

   

   

   

   

   

Ireland  

   

   

   

   

   

   

   

   

   

   

Italy  

8/6/2005  

   

   

   

   

   

   

   

   

   

Latvia  

19/5/2006  

   

   

   

   

   

   

   

   

   

Liechtenstein  

   

   

   

   

   

   

   

   

   

   

Lithuania  

10/10/2007  

   

   

   

   

   

   

   

   

   

Luxembourg  

16/5/2005  

   

   

   

   

   

   

   

   

   

Malta  

16/5/2005  

   

   

   

   

   

   

   

   

   

Moldova  

16/5/2005  

   

   

   

   

   

   

   

   

   

Monaco  

   

   

   

   

   

   

   

   

   

   

Montenegro  

16/5/2005  

   

   

55  

   

   

   

   

   

   

Netherlands  

17/11/2005  

   

   

   

   

   

   

   

   

   

Norway  

9/4/2008  

   

   

   

   

   

   

   

   

   

Poland  

16/5/2005  

3/4/2008  

1/8/2008  

   

   

   

   

   

   

   

Portugal  

16/5/2005  

   

   

   

   

   

   

   

   

   

Romania  

16/5/2005  

21/2/2007  

1/6/2007  

   

   

   

   

   

   

   

Russia  

17/11/2005  

19/5/2006  

1/6/2007  

   

   

X  

   

   

   

   

San Marino  

14/11/2006  

   

   

   

   

   

   

   

   

   

Serbia  

16/5/2005  

   

   

55  

   

   

   

   

   

   

Slovakia  

19/5/2006  

29/1/2007  

1/6/2007  

   

   

   

   

   

   

   

Slovenia  

19/5/2006  

   

   

   

   

   

   

   

   

   

Spain  

16/5/2005  

   

   

   

   

   

   

   

   

   

Sweden  

16/5/2005  

   

   

   

   

   

   

   

   

   

Switzerland  

   

   

   

   

   

   

   

   

   

   

the former Yugoslav Republic of Macedonia  

21/11/2006  

   

   

   

   

   

   

   

   

   

Turkey  

19/1/2006  

   

   

   

   

X  

   

   

   

   

Ukraine  

16/5/2005  

21/12/2006  

1/6/2007  

   

X  

X  

   

   

   

   

United Kingdom  

16/5/2005  

   

   

   

   

   

   

   

   

   

Non-member States of the Council of Europe

States 

Signature 

Ratification 

Entry into force 

Notes 

R. 

D. 

A. 

T. 

C. 

O. 

Canada  

   

   

   

   

   

   

   

   

   

   

Holy See  

   

   

   

   

   

   

   

   

   

   

Japan  

   

   

   

   

   

   

   

   

   

   

Mexico  

   

   

   

   

   

   

   

   

   

   

United States  

   

   

   

   

   

   

   

   

   

   

International Organisations

Organisations 

Signature 

Ratification 

Entry into force 

Notes 

R. 

D. 

A. 

T. 

C. 

O. 

European Community  

   

   

   

 

   

   

   

   

   

   

Total number of signatures not followed by ratifications: 

29 

Total number of ratifications/accessions: 

13 

Notes:(55) Date of signature by the state union of Serbia and Montenegro.
a: Accession - s: Signature without reservation as to ratification - su: Succession - r: Signature "ad referendum".
R.: Reservations - D.: Declarations - A.: Authorities - T.: Territorial Application - C.: Communication - O.: Objection.

Source : Treaty Office on http://conventions.coe.int

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 out in Resolution Res(2001)6 on access to Council of Europe documents.

2 http://untreaty.un.org/English/Terrorism/English_18_15.pdf. Also available at the Secretariat.


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