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

GR-J(2010)1 18 December 20091
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Annotated agenda
Meeting of 14 January 2010

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01/10 Trafficking in organs – request for an opinion on the recommendations made in the joint Council of Europe – United Nations study on trafficking in organs, tissues and cells (OTC) and trafficking in human beings for the purpose of the removal of organs

1. The Deputy Secretary General, Mrs Maud de Boer Buquicchio, will inform the Group about the Council of Europe – United Nations study on trafficking in organs, tissues and cells (OTC) and trafficking in human beings for the purpose of the removal of organs, which was distributed to delegations 13 October 2009 (for the full text of the study see link; for an executive summary see link). She proposes that the Group recommend to the Deputies to invite the relevant steering and expert committees to give an opinion on the recommendation made in the study to elaborate a convention to combat trafficking in organs.

2. Should the Group be in favour of taking such a step, it could transmit draft decisions to the Deputies for adoption at their 1075th meeting (20 January 2010), without further debate (item placed in the box).

These are the proposed decisions:

    “The Deputies,

    1. welcomed the Council of Europe – United Nations study on trafficking in organs, tissues and cells (OTC) and trafficking in human beings for the purpose of the removal of organs;
     
    2. invited the Steering Committee on Bioethics (CDBI), the European Committee on Crime Problems (CDPC), the European Committee (partial agreement) on Transplantation of Organs
    (CD-P-TO) and the Group of Experts on Action against Trafficking in Human Beings (GRETA) to give an opinion on the recommendations made in the study, in particular to elaborate an "international legal instrument setting out a definition of trafficking in organs, tissues and cells and the measures to prevent such trafficking and protect the victims, as well as the criminal-law measures to punish the crime

    3. agreed to transmit the above-mentioned study to the Steering Committee for Human Rights (CDDH) and the Steering Committee on Equality between Women and Men (CDEG), for information and possible comments."

02/10 Steering Committee on Bioethics (CDBI) –
Abridged report of the 37th meeting (Strasbourg, 4-6 November 2009)
CM(2009)186

3. The GR-J is invited to examine the abridged report of the 37th meeting of the Steering Committee on Bioethics (CDBI), as contained in document CM(2009)186, with a view to forwarding it to the Deputies for adoption of the relevant decision at their 1075th meeting (20 January 2010), without further debate (item placed in the box).

This is the proposed decision:

    “The Deputies took note of the abridged report of the 37th meeting of the Steering Committee on Bioethics (CDBI), as it appears in document CM(2009)186.”

28/09 Council of Europe ad hoc Committee for the Revision of the Convention on Mutual Assistance in Tax Matters (CAHTAX) – draft amending Protocol to the Convention on Mutual Assistance in Tax Matters (CETS No. 127)
CM(2009)165, CM(2009)185 final and CM/Del/Dec(2009)1073/10.6

4. It is recalled that the Deputies agreed at their 1073rd meeting (9-14 December 2009) to transmit the draft amending Protocol together with a cover note to the Assembly. As announced by the Chairman of the GR-J, the Group will continue its work on the outstanding substantive issues pending the Assembly’s opinion. The Secretariat will inform the Group about the latest developments in the negotiations with the OECD. It will then be invited to discuss in particular the (1) data protection clause; (2) the issue of retroactivity; (3) automatic exchange of information and (4) the disconnection clause.

5. It is moreover recalled that the European Union is still examining the issue of European Union competence in the areas covered by the draft protocol, as well as the issue of compatibility with European Union legislation.

03/10 European Committee on Crime Problems (CDPC)
CM(2009)187, CM(2009)187add1, CM(2009)187add2 and CM(2009)187add3

a. Abridged Report of the 58th Plenary Meeting (Strasbourg, 12-16 October 2009)

b. Draft third Additional Protocol to the European Convention on Extradition (CETS No. 24) and its Explanatory Report

c. Draft Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes involving Threats to Public Health and its Explanatory Report

d. Draft Recommendation CM/Rec(2010)… of the Committee of Ministers to member states on the Council of Europe Probation Rules and its Commentary

6. The Group is invited to examine the various texts submitted by the European Committee on Crime Problems (CDPC), following its 58th Plenary Meeting (Strasbourg, 12-16 October 2009) (document CM(2008)187 and addenda 1-3), with a view to transmitting them to the Deputies for adoption of the relevant decisions at their 1075th meeting (20 January 2010), if appropriate, without further debate (item placed in the box).

7. The attention of delegations is drawn to the outstanding issues concerning the draft Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes involving Threats to Public Health (see document CM(2009)187, pages 1-2). This includes: (1) the financing of the monitoring mechanism; (2) the wording of Article 29 concerning accession of non-member states of the Council of Europe; and (3) the references made to the CDPC in the draft Convention.

      These are the proposed decisions:

      “The Deputies

      1. agreed to transmit the draft third Additional Protocol to the European Convention on Extradition (CETS No. 24) and its Explanatory Report, as they appear in documents CM(2009)187, Appendix 2, and CM(2009)187add1 to the Parliamentary Assembly and invited the Assembly to give an opinion on the draft Additional Protocol;

      2. agreed to transmit the draft Council of Europe Convention on the Counterfeiting of Medical Products and Similar Crimes involving Threats to Public Health and its Explanatory Report, as they appear in documents CM(2009)187, Appendix 3, and CM(2009)187add2 to the Parliamentary Assembly and invited the Assembly to give an opinion on the draft Convention;

      3. adopted the Recommendation CM/Rec(2010)… of the Committee of Ministers to member states on the Council of Europe Probation Rules and its Commentary, as it appears in Appendix … to the present volume of Decisions < see document CM(2009)187, Appendix 5 >, and took note of its Commentary, as it appears in document CM(2009)187add3;

      4. in the light of decisions 1 to 3 above, took note of the abridged report of the 58th Plenary Meeting of the European Committee on Crime Problems (CDPC), as it appears in document CM(2008)87, as a whole.”

30/09 European Committee on Legal Co-operation (CDCJ)

      Group of Specialists on access to justice for migrants and asylum seekers (CJ-S-MG) –
      draft terms of reference for 2010

Appendix VI to CM(2009)163 and GR-J(2009)CB7

8. It is recalled that this item was discussed at the Group’s meeting of 19 November 2010. On that occasion, a number of delegations considered that as work in the field of asylum seekers was to be carried out by the European Union in the near future, including, in particular, the revision of European Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in member states for granting and withdrawing refugee status, the proposed CDCJ activity should either exclude asylum seekers or await the outcome of the work to be undertaken within the European Union. Reference was made to the amendments proposed by one delegation (document DD(2009)564). Several other delegations stated that they supported the proposed terms of reference and would like to see them adopted without amendment. The point was made that the Council of Europe of Europe would in such case have a possibility to influence the redrafting of the EU Directive from a human rights and rule of law perspective. The Director of Standard-Setting underlined that the draft terms of reference had their origin in Resolution No. 1 on access to justice for migrants and asylum seekers adopted at the 28th Conference of European Ministers of Justice (Lanzarote, October 2007). As there was no agreement in the Group the item was postponed to its next meeting.

9. The Group is invited to resume consideration of this item, with a view to making a recommendation to the Deputies as to the adoption of the draft terms of reference.

31/09 Consultative Committee of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108) – (T-PD)

      Abridged report of the 25th meeting (Strasbourg, 2-4 September 2009)
      CM(2009)189

10. The Secretariat proposes to postpone this item as it wishes to suggest an exchange of views with the Chair of the T-PD at the Group’s meeting on 23 February 2010.

04/10 Consultative Council of European Judges (CCJE) and the
05/10 Consultative Council of European Prosecutors (CCPE)

      a. Abridged report of the 10th plenary meeting of the CCJE (Ljubljana, 18-20 November 2009)
      (CM(2009)190)
      b. Abridged report of the 4th plenary meeting of the CCPE (Ljubljana, 18-20 November 2009)
      (CM(2009)191)
      c. Joint Opinion by the CCJE and the CCPE on the relationships between judges and prosecutors
      (CM(2009)191 and CM(2009)201)

11. The Group is invited to examine this item with a view to transmit the above-mentioned texts to the Deputies for adoption of the relevant decisions at their 1075th meeting (20 January 2010), without further debate (item placed in the box). The attention of delegations is drawn to the fact that the presidents of the CCJE and the CCPE will have a joint exchange of views with the Deputies at the 1075th meeting.

These are the proposed decisions:

“The Deputies

      1. approved the terms of reference of the Consultative Council of European Judges (CCJE) as they appear in Appendix … to the present volume of Decisions; < Document CM (2009)190, Appendix 2 >

      2. took note of the Joint Opinion of the CCJE and the Consultative Council of European Prosecutors (CCPE) on the relationships between judges and prosecutors (Opinion No. 12 (2009) of the CCJE and Opinion No. 4 (2009) of the CCPE), as it appears in document CM(2009)192;

      3. took note of the Opinion of the European Committee on Crime Problems (CDPC) on the Joint Opinion, as it appears in document CM(2009)201;

      4. agreed to forward the Joint Opinion to the competent authorities in the member states with a view, where appropriate, to having them translated into the corresponding languages;

      5. agreed to forward the Joint Opinion to the European Commission for Democracy through Law (Venice Commission), the European Committee on Legal Co-operation (CDCJ) and the European Commission for the Efficiency of Justice (CEPEJ), so that these bodies can take it into account within the framework of their work;

      6. in the light of decisions 1 to 5 above, took note of the abridged reports of the 10h plenary meeting of the CCJE and of the 4th plenary meeting of the CCPE, as they appear respectively in documents CM(2008)190 and 191, as a whole.”

13/09 European Charter for Regional or Minority Languages – First report of the Committee of Experts in respect of Ukraine
CM(2009)43, DD(2009)208, DD(2009)211, DD(2009)424, DD(2009)589

12. It is recalled that at the Group’s last meeting (19 November 2009), the Chair informed it about the results of the informal consultations he had held with the interested parties since its last meeting, but indicated that no solution had been found. He had proposed to continue the informal consultations and was of the opinion that a solution would be found in the New Year. The Chair will report to the Group on his efforts in this respect.

06/10 European Charter for Regional or Minority Languages – First report of the Committee of Experts in respect of Montenegro
CM(2009)197

13. The Group is invited to examine the first report in respect of Montenegro, as it appears in document CM(2009)197, with a view to transmitting it to the Deputies for adoption of the relevant decisions at their 1075th meeting (20 January 2010), without further debate (item placed in the box).

These are the proposed decisions:

      “The Deputies

      1. took note of the first report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Montenegro, as it appears in document CM(2009)197;

      2. adopted Recommendation CM/RecChL(2010)… on the application of the European Charter for Regional or Minority Languages by Montenegro, as it appears at Appendix … to the present volume of Decisions and agreed to forward it to the Montenegrin authorities. < see Appendix .. to CM/Notes/1075/10.4a >.”

07/10 European Charter for Regional or Minority Languages – Fourth report of the Committee of Experts in respect of Hungary
CM(2009)193

14. The Group is invited to examine the fourth report in respect of Hungary, as it appears in document CM(2009)193, with a view to transmitting it to the Deputies for adoption of the relevant decisions at their 1075th meeting (20 January 2010), without further debate (item placed in the box).

These are the proposed 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 Hungary, as it appears in document CM(2009)193;

      2. adopted Recommendation CM/RecChL(2010)… on the application of the European Charter for Regional or Minority Languages by Hungary, as it appears at Appendix … to the present volume of Decisions and agreed to forward it to the Hungarian authorities. < see Appendix .. to CM/Notes/1075/10.4b >.”

08/10 Committee of Experts on Terrorism (CODEXTER) –

      Abridged report of the 17th meeting (Strasbourg, 17-18 November 2009)
      CM(2009)188

15. The Group is invited to examine the abridged report of the 17th meeting of the Committee of experts on terrorism (CODEXTER), as set out in document CM(2009)188, with a view to forwarding it to the Deputies for adoption of the relevant decision at their 1076th meeting (3 February 2010), without further debate (item placed in the box).

      This is the proposed decision:

      “The Deputies took note of the abridged report of the 17th meeting of the Committee of Experts on Terrorism (CODEXTER), as set out in document CM(2009)188.”

    Any other business

16. None at present.

    Date of the next meeting

17. The next meeting will be held on Tuesday, 23 February 2010 at 10 a.m.

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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