To ask the Chairman of the Committee of Ministers,
If he could inform the Assembly about the resources which will be put
at the disposal of the Commissioner in 2000."
Reply by Mr David Andrews on behalf of the Committee of Ministers:
The Committee of Ministers fully subscribes to the Assembly's view,
already implied in Opinion No. 210 (1998) that it would not have been worthwhile either
for the Committee to create, or for the Assembly to elect the Commissioner, unless his
office had the resources it needed.
I can therefore report that the Secretary General has already nominated
a senior official to the post of the head of the Commissioner's Office, and is in the
process of finding the necessary administrators and supporting staff through redeployment
of existing personnel whilst respecting the need to take account of the priorities for the
Organisation as a whole.
If Mr Jaskierna was thinking of asking me, as Chairman of Committee of
Ministers, whether I consider that the human resources currently available to the
Commissioner are adequate considering the importance we attach to his function, I should
like to reply that I do not.
It is greatly to the credit of Mr Gil-Robles and his staff that it
proved possible for the Commissioner to carry out his first, essential activity - I am
referring to his visit to Moscow and the northern Caucasus which I mentioned earlier -
with the limited resources available to him.
Concerning the financial resources at the Commissioner's disposal, I
should like to inform the Assembly that, in the Budget for 2000 adopted last December, the
Commissioner's allocation was increased by more than 76 000 Euro as compared with the
initial proposal.
The Committee of Ministers will keep under review the resources
available for the Commissioner.
"Question No. 14:
Mr Clerfayt,
Noting that the Committee of Ministers has been seized by the problem
posed under the European Convention on Human Rights by the unreasonably lengthy
proceedings before the Italian courts for more than ten years and that still the number of
complaints and violations show no stable sign of decreasing and that the reforms presented
to the Committee of Ministers do not, accordingly, appear to have the necessary
efficiency,
Observing that the continuation of this situation prevents the new
Court from adequately following up new complaints regarding other violations of the
democratic order protected by the Council of Europe through the European Convention on
Human Rights,
To ask the Chairman of the Committee of Ministers,
What action it intends to take to ensure that this intolerable
situation ceases."
Reply by Mr David Andrews on behalf of the Committee of Ministers:
The member’s question raises a very important problem and the
anxiety he feels is certainly shared both by the Committee of Ministers and by the Court.
In a resolution adopted in July 1997, the Committee of Ministers
established that the number of violations concerning the length of proceedings in Italy
had not gone down, despite measures adopted in 1995, including in particular the
recruitment of nearly 5 000 Justices of the Peace. It was therefore obliged to
recall that excessive slowness of justice represented an important danger for the respect
of the rule of law. It therefore decided to keep the relevant cases on its agenda until
certain new reforms announced by the Italian authorities had been implemented.
At the present time, the implementation of these reforms - listed in
the appendix to the resolution I have just mentioned - is continuing under the supervision
of the Committee of Ministers. In July 1999, the Committee of Ministers adopted two
interim resolutions concerning respectively administrative and civil justice. It took note
of certain new initiatives by the Italian authorities and an information indicating an
improvement in the efficiency of the courts.
The Committee of Ministers took note of this information with
satisfaction but none the less warned that important problems remained to be solved and
encouraged the Italian authorities to redouble their efforts.
The concrete effect of these new measures, which should all be enforced
by then, will be examined in July 2000.
On the basis of the results found, the Committee of Ministers will
decide, under the Italian presidency, what action to take.
"Question No. 15:
Mr Goulet,
In view of the tragic events of the last few weeks and the black tide
caused by the Erika shipwreck, which appeal to our environmental consciousness and urge
immediate action in an effort to head off risks which, as everyone knows, it will not be
possible to control absolutely;
Recalling the Amoco Cadiz accident whose effects on the ecosystem still
linger, and considering the further oil spill sullying the French coasts as yet another
looms in the sea of Marmara;
Observing that the introduction of international oil industry
compensation arrangements (Fipol international oil pollution compensation funds), which
can disburse up to FF 1.2 billion for anti-pollution measures, has diverted politicians
from their true responsibilities since, in their concern for redress of the damage caused
by disasters, they fail to take remedial and preventive action against the causes;
Considering the urgency of measures to prohibit and regulate certain
practices and to identify clearly the line of responsibility,
To ask the Chairman of the Committee of Ministers,
Whether he can give an assurance that the Committee of Ministers will
take action as a matter of urgency to:
i. list the relevant legislation in the member states;
ii. initiate encounters with all the main parties directly concerned in
order to obtain their suggestions;
iii. urge member states to lose no time in taking appropriate measures
to prohibit certain practices such as the use of vessels flying flags of convenience.
Question No. 16:
Mr Akçali,
Noting that following the two recent alarming events of oil spill off
the French coast and in the sea of Marmara, the Committee on the Environment, Regional
Planning and Local Authorities is concerned by the lack of action on behalf of the
European governments to implement the international legal instruments fully - such as the
Marpol, Oslo and Paris conventions and to enforce the respect of the safety norms
established by the International Maritime Organisation (IMO);
Noting that to this regard, the Parliamentary Assembly made some
concrete proposals to the Committee of Ministers on several occasions in the past, for
example:
- Recommendation 1079 (1988) on Protection of the North Sea against
pollution
- Recommendation 1132 (1990) on Protection of the North Sea and the
Atlantic Seaboard
- Recommendation 1227 (1993) on Pollution of the Seas;
To ask, on behalf of the Committee on the Environment, Regional
Planning and Local Authorities, the Chairman of the Committee of Ministers,
What action has been taken in response to the above mentioned
recommendations.
Question No. 17:
Mr Evin,
To ask the Chairman of the Committee of Ministers,
What initiatives the Committee of Ministers intends to take to
strengthen the regulation of maritime transport and to ensure that such regulation is
applied, so as to avoid an ecological disaster arising from oil pollution."
Reply by Mr David Andrews on behalf of the Committee of Ministers:
Oil pollution is a major threat to all our ecosystems. Much remains to
be done to protect our coasts. At present, the solution of common problems suffers from
unco-ordinated policies at national, regional and local levels. The work of the
Parliamentary Assembly in this area is, therefore, to be commended.
At the intergovernmental level, the Committee of Ministers has endorsed
the Pan-European Biological and Landscape Diversity Strategy supported by 55 coastal
states at the ministerial conference in Sofia in 1995. The Council of Europe was made
responsible for Action Theme No. 5 on coastal and marine ecosystems. In 1999, the
Committee of Ministers noted that the Council of Europe Model Law on Sustainable
Management of Coastal Zones and the European Code of Conduct for Coastal Zones were
"a source of inspiration for national legislation and practice" and forwarded
them to their governments.
The Council of Europe has also at its disposal two major legal
instruments for environmental protection: the Convention on Civil Liability for Damage
Resulting from Activities Dangerous to the Environment, opened for signature in June 1993,
which counts nine signatories, and the Convention on the Protection of the Environment
through Criminal Law, opened for signature in November 1998, which counts eleven
signatories.
The first convention aims at ensuring adequate compensation for damage
resulting from activities dangerous to the environment. It is supplemented by the second
convention, which recognises that environmental violations with serious consequences must
be established as criminal offences.
Recently, the Council of Europe undertook a study called "Examples
and possibilities for transfrontier co-operation between territorial communities or
authorities in maritime coastal zones". This resulted in the formulation of
strategies for the integrated management of coastal zones which could serve as useful
guidelines for territorial authorities engaged in transfrontier co-operation activities.
The examples of co-operation activities concern five seas, namely: the Baltic Sea,
the Black Sea, the Mediterranean Sea, the North Sea and the North Atlantic.
What is especially useful in this work is a list of legal assistance
the Council of Europe can provide to territorial communities or authorities across coastal
zones in setting up transfrontier co-operation.
On the basis of these texts, I hope action will be taken in the near
future to overcome the ecological disasters which have been described by the distinguished
parliamentarians today.
"Question No. 18:
Mr Rodeghiero,
Noting that since 11 October 1999 there has been no news of
Mr Nerio Campagnolo, an Italian national born in S. Giorgio in Bosco (Padua province) who
disappeared together with his vehicle at Miculov (Czech Republic), the vehicle having been
found later;
Considering that, according to the information released by the press,
there are credible reasons to suppose that Mr Campagnolo has been the victim of a criminal
organisation specialising in armed robbery committed against road transport drivers with
intent to re-sell the stolen vehicles; certain drivers having subsequently been found
dead;
To ask the Chairman of the Committee of Ministers:
Whether he is aware of the aforementioned case or whether he can
rapidly supply information about it, and what action has been taken by the Czech
authorities to guarantee the safety of persons transiting though the Czech Republic, in
the light of its undertakings as a Council of Europe member state."
Reply by Mr David Andrews on behalf of the Committee of Ministers:
I must say that I have not been informed of the situation described in
this question, ie the disappearance of Mr Campagnolo in the Czech Republic, which,
according to the distinguished member, may well be of a criminal nature.
I am convinced that the authorities of the country in question, as well
as other European governments, are aware of the proportions which the problem of certain
forms of violence against road hauliers in Europe have reached and that they are doing
what they can to prevent such violence.
"Question No. 19:
Mr López Henares,
To ask the Chairman of the Committee of Ministers,
What is the nature of the action taken by the Committee of Ministers to
give effect to the recommendations which the Assembly adopted in September 1999 on
anti-terrorism measures and international co-operation."
Reply by Mr David Andrews on behalf of the Committee of Ministers:
I fully accept the point of this question on the action taken on
Assembly Recommendation 1426 on European democracies facing up to terrorism.
Terrorism has just struck another severe blow in Spain and I wish, on behalf of the
Committee of Ministers, to express once more our sympathy with the victims and their
families, our dismay at this brutal attack and our strongest condemnation of any recourse
to violence to further a political cause. As I myself come from a country that has
suffered from violence, I understand the feelings expressed by the member.
The recommendation is extremely dense and contains no less than twelve
proposals regarding the need to amend the two European conventions in force, draft further
conventions and foster international co-operation on a European and worldwide scale in
extremely sensitive domains involving the police and justice.
This text is currently being carefully studied by governmental experts
on the European Committee on Crime Problems.
Our Deputies should be in a position to examine these issues in the
near future.
"Question No. 20:
Lord Judd,
To ask the Chairman of the Committee of Ministers,
If he is satisfied with the record of attendance by Ministers
themselves rather by their representatives at the Committee of Ministers and whether
records of attendance could in future be made available."
Reply by Mr David Andrews on behalf of the Committee of Ministers:
Those who do attend meetings are never satisfied with those who do not,
and of late, even if I understand the reasons, I cannot say I have been particularly
satisfied. I have before me a graph of attendance since 1984 and I shall be glad to make
it available to members of the Assembly. The same graph was communicated to the Deputies
at the time of their examination of the recommendations of the Committee of Wise Persons.
I see no reason why the line of the graph cannot be continued in the future and made
available to you.
"Question No. 21:
Mr Schreiner,
Noting the Organisation's zero budgetary growth in real terms, we can
consider ourselves comparatively well satisfied in managing to secure a slight increase of
167 700 Euro (about FF1 100 100 ) in our budget,
Considering that this will enable us to continue the activities under
the Assembly's programme of co-operation and monitoring of commitments, which enable us to
strengthen the values expounded and upheld by our Organisation;
Observing that the presence on the ground and the implementation of
specific activities within the Council of Europe can only be developed and realised if the
Organisation has fit financial resources to carry through the activities undertaken;
Noting, alas, that yet again we are dissatisfied with the dearth of practical proposals
in staff matters;
Considering that the persistence of such decisions is detrimental to
the regular career development of deserving staff members, as the continuation of a policy
liable to disrupt harmonious working relations has a de-motivating effect on the
Secretariat and may before long cause serious malfunctions in the Organisation,
To ask the Chairman of the Committee of Ministers,
Which measures the Committee of Ministers will adopt for the concurrent
application of the recommendations in the "Optimum Report" (redeployment; staff
mobility) and of Resolution 92 (28) (on special measures relating to the
termination of service of certain staff members), in compliance with the recommendations
of the Committee of Wise Persons (competent, efficient, mobile staff)."
Reply by Mr David Andrews on behalf of the Committee of Ministers:
The Committee of Ministers examined carefully the principle
recommendations contained in the final report of the Committee of Wise Persons concerning
the structures of the Secretariat, management of programmes and budgetary management. It
considered them to be fundamental objectives with far-reaching implications but needed
further elaboration. With this in mind, the Secretary General was asked to draw up
detailed proposals. External expertise was recruited to help to undertake an overall
review of human resources. This project, entitled Optimum, is due to report shortly to the
Deputies. They will consider the specific recommendations and an overall plan for the
management of human resource requirements.
At their next meeting, the Deputies will resume consideration of the
Secretary General’s proposals for the implementation of the provisions of the
existing staff regulations and Resolution (92) 28 concerning the compensation of
permanent staff for loss of employment or termination of service.
Obviously, there is a link between the two operations. I cannot
forecast, at this stage, the outcome of the deliberations.
"Question No. 22:
Mrs Isohookana-Asunmaa,
Noting that the amending protocol to the European Convention on
Transfrontier Television should enter into force as soon as possible to ensure a coherent
regulatory regime for transfrontier television services in Europe;
Observing that however, although most countries have launched the
necessary ratification procedure, only two states have so far accepted the protocol ;
there is therefore a growing risk of the protocol not entering into force by the deadline
of 1 October 2000;
