959th meeting – 22 March 2006

Appendix 5
(Item 11.2)

Rules for the Committee for Works of Art

Preambule

The Committee for Works of Art is wishes to propose to the Committee of Ministers a more precise definition of its mandate and functioning rules.

A. Mandate and composition of the Committee for Works of Art

1. Mandate of the Committee for Works of Art

The Committee shall be responsible for recommending to the Committee of Ministers:

- to accept or decline offers of gifts;
- locations for exhibiting gifts for a limited period;
- the measures necessary for the conservation, upkeep and protection of each gift, and arrangements for covering the cost of these measures.

2. Composition of the Committee for Works of Art

The Committee shall comprise the following members:

2.1. Voting members:

- two representatives of the Committee of Ministers;
- two members of the Parliamentary Assembly of the Council of Europe;
- two representatives of the Secretary General of the Council of Europe.

2.2. Chair:

The Chair of the Committee for Works of Art shall be appointed by the Committee of Ministers among its two Permanent Representatives in the Committee.

2.3. Assistants:

The following members of the Committee for Works of Art, who are Council of Europe staff members, shall attend its meetings without the right to vote:

- one member of the Secretariat of the Committee of Ministers;
- one member of the Secretariat of the Parliamentary Assembly;
- the Fire Safety Officer (in French : Responsable Unique de Sécurité, R.U.S) or his/her representative.

2.4. Secretariat of the Committee for Works of Art:

The Committee Secretary is responsible in particular for preparing and distributing the documents to be considered by the Committee, including convening notices, presentation files and meeting reports.

The Secretary General makes a Committee Secretary available and provides him/her with the administrative services and other services he/she may require.

2.5. Observers:

When the nature of the gifts and the possibilities of exhibiting them so require, the Chair of the Committee for Works of Art shall have the power to consult and invite to a meeting of the committee, in an advisory capacity, other personalities who may or may not be members of the Council of Europe, in particular:

- recognised experts in the field of art or other persons related to the proposed donation;
- the President of the European Court of Human Rights, for proposals to exhibit in the Human Rights building;
- the Director of the Quality of Medicine, for proposals to exhibit in the building of the European Direction for the Quality of Medicine.

2.6. Decisions:

The Committee for Works of Art shall attempt to reach a consensus to make its recommendations to the Committee of Ministers.

If no consensus is reached, the voting members shall vote by show of hands. In case of equality, the Chair’s vote is preponderant.

A meeting report is sent, under the Chair’s responsibility, to the Committee of Ministers within the month following the day of the meeting.

3. Sittings and agendas

A convocation and an agenda is sent to the committee members, under the Chair’s responsibility, at least two weeks before the proposed meeting date.

The committee shall meet during the Parliamentary Assembly of the Council of Europe’s part sessions, as and when required.

B. Acceptance criteria for works of art and other items donated to the Council of Europe

1. The gifts to the Council of Europe are preferentially works of art. In that case they shall be originals.

2. The Council of Europe may occasionally receive other gifts, such as popular or traditional craft objects, historical objects or documents, antiques.

3. Even if it emanates from a local or regional community, a gift shall be made on behalf of a Council of Europe member state, or a country with observer status in the Council of Europe, or a country with observer status in the Parliamentary Assembly of the Council of Europe.

4. The subject of the gifts shall not be in contradiction with the values promoted by the Council of Europe.

5. The shape, dimensions and weight of the gifts must be compatible with their harmonious integration inside or outside the various Council of Europe buildings, without any danger to people, the buildings or the works themselves.

6. The conservation, upkeep and protection of the gifts must not be too costly, unless the donor country agrees to assume the cost.

7. No single country may have more than two gifts exhibited at the same time.

C. Procedure for accepting gifts of works of art and other items to the Council of Europe

1. Presentation of gifts

At least one month prior to the meeting of the Committee for Works of Art at which the gift should be considered, the Permanent Representation of the donor country shall forward a file to the Chair and Secretary of the Committee, containing:

- a description of the gift, together with photographs;
- the dimensions and weight of the gift;
- where applicable, any particular conditions required for the conservation, upkeep, exhibition and protection of the gift;
- in the case of a contemporary work of art, the artist’s artistic and biographical references, previous exhibitions, and other relevant informations.

The Secretariat of the Committee shall include this information in the convocation sent to the members of the Committee at least 2 weeks before the date of the meeting at which the gift is to be examined.

2. Location – duration

When a gift is accepted, the Committee for Works of Art shall decide where the work of art or object is to be placed on display.

The main exhibition areas shall be:

- the common areas of buildings: lobbies, corridors, anterooms;
- the areas outside the buildings.

Although exceptions may be made, as a general rule the areas ordinarily used for temporary exhibitions (in particular in the Palais de l'Europe: lounge area outside the Assembly chamber, anteroom of the Committee of Ministers, lower level of the entrance hall) may not be used for exhibiting permanent gifts.

The Committee for Works of Art shall do its best to distribute gifts fairly around the Council of Europe’s different buildings.

Gifts shall be displayed at the appointed site for a guaranteed period of two years.

When the two years have lapsed, the Committee for Works of Art may recommend keeping the gift, or moving it to another site or placing it in storage, or possibly returning it back to the donor.

3. Gift agreement

When a gift is accepted, a gift agreement (see model in Appendix 1 to the Rules) shall be signed by the Permanent Representative of the donor country and the Chair of the Secretary General of the Council of Europe.
In particular this agreement shall state:

- the transfer of the ownership rights to the work of art or object of the gift, including intellectual property rights, to the Council of Europe;
- arrangements for the conservation, upkeep and protection of the work of art or object of the gift, and for bearing the cost thereof, selected from the three options proposed;
- the location where the gift is to be placed on display for a guaranteed period of two years.

4. Gift fact sheets

A fact sheet shall be drawn up on each gift accepted (Appendix 2a to the Rules: fact sheet on works of art; Appendix 2b to the Rules: fact sheet on other objects).

These fact sheets shall be compiled and updated by the Secretariat and totally or partly made accessible to the public, including on the internet web.

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Appendix 1 to the Rules

Model gift agreement in the form of an exchange of letters

Dear Ambassador,

I have the honour to inform you that the gift proposed by your country (your letter of ...) was accepted by the Committee of Ministers on .... (date).

Accordingly, on behalf of the Council of Europe, I have the honour to thank you for your generosity and to propose the following arrangements:

All ownership rights, including intellectual property rights, are hereby transferred to the Council of Europe.
The requisite measures for the conservation, upkeep and protection of the gift shall be taken:

[insert one of the following options]

· Option 1: by the Council of Europe, at its own expense, and the Council of Europe shall be the sole judge of the proper measures to take.

· Option 2: by the Council of Europe, at the donor’s expense
[Insert budget and arrangements for payment, which will have to be negotiated]

· Option 3: by the donor, at her/his own expense.

At the suggestion of the Committee for Works of Art, the Committee of Ministers has decided, on …, (date) to place the gift on display for a guaranteed period of two years at the following location: ………………

Accordingly, please return to me a duly signed copy of this letter, which will constitute the gift agreement between the Council of Europe and yourself, the donor.

Yours sincerely,

For the donor: For the Council of Europe:
The Secretary General

(Surname, First name) (Surname, First name)

(Signature) (Signature)

(Date) (Date)

Appendix 2a to the Rules

FACT SHEET FOR A GIFT WORK OF ART
TO THE COUNCIL OF EUROPE Entry date:
Inventory number:

Donor country:

Date of gift:
Occasion of or reason for gift:
Place of origin:

Work of art:
Title of work:
Technique(s) used:
Individual work by:
Dimensions: Weight:
Signature and date:

Name(s) of artist(s) and/or author(s):

Full name(s) and address(es) of artist(s) and/or author(s):

Telephone: Country:

Special conservation and/or exhibition requirements (hygrometry, security, etc):

Other relevant information:

Real value of the gift:
Value for insurance purposes:

Artistic and/or bibliographical references of the artist:

PHOTOGRAPH OF THE WORK

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Appendix 2b to the Rules

FACT SHEET FOR A GIFT ITEM OTHER THAN A WORK OF ART
TO THE COUNCIL OF EUROPE Entry date:

Inventory number:
Donor country:

Date of gift:
Occasion of or reason for gift:
Place of origin:

Craft object, historical object or document, antique:
Title:
Technique(s) used:
Style or school:
Dimensions: Weight: Series:

Were applicable:
Name(s) of author(s):
Signature and date:

Special conservation and/or exhibition requirements (hygrometry, security, etc):

Other relevant information:

Real value of the gift:
Value for insurance purposes:

PHOTOGRAPH OF THE OBJECT



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