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THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE

iGuide to procedures and working methods

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II. THE COMMITTEE OF MINISTERS

The Committee of Ministers (CM) is the Council’s executive organ whose role and functions are described in Chapter IV of the Statute. The CM meets at ministerial level and at Deputy level.

 
II.C. The Deputies’ Rapporteur Groups/Thematic Coordinators/Working Parties1

Rapporteur groups/Ad hoc working parties/Thematic coordinators are informal working structures of the Deputies and have no decision-making power. They prepare decisions for the CM for adoption, ideally without debate.2


1 Cf. CM(2002)155 : Vademecum on working methods of the Deputies’ subsidiary bodies approved on 4 December 2002 (CM/Del/Dec(2002)820/1.4)
2 Cf. CM(2011)96 final
1. Rapporteur Groups

1.1 Membership

1.2 Chairs

1.2.1 Selection procedure

1.2.2 Length of chairmanship

1.2.3 Duties

1.2.4 Absence

1.3 Responsibilities and powers

1.4 Functioning

1.4.1 Organisation of work

1.4.2 Meetings

1.4.3 Languages

1.4.4 Agenda

1.4.5 Documentation

1.4.6 Participation in meetings:

1.4.6.1 Non-member States without observer status

1.4.6.2 Other external personalities

1.4.6.3 Staff Committee

1.1 Membership

Rapporteur Groups are open to all delegations wishing to take part in the activities, to the EU and to states enjoying observer status with the CM. 3 Their members shall be permanent representatives or their deputies. They will be assisted by the Secretariat (and, where necessary, the Chair or members of committees of experts).

The current list of Rapporteur Groups is: GR-DEM, GR-EXT, GR-PBA, GR-C, GR-H, GR-J and GR-SOC. 4

1.2 Chairs

1.2.1 Selection procedure5

1. Chairs of a Rapporteur Group are appointed from among Permanent Representatives;

2. Whenever the Chair of a Rapporteur Group becomes vacant, the Chair of the Deputies will notify the Deputies and any candidate interested in the position will notify the Chair of the Deputies accordingly;

3. A list of all foreseeable forthcoming vacancies in the following 12 months will be put on the CM website in order to allow delegations to have an overview and plan accordingly. It will be up-dated regularly;

4. The Deputies’ Bureau selects Chairs of Rapporteur Groups in accordance with all the following criteria: seniority, qualifications, availability and stated interest in the field of activities. Gender balance should be borne in mind when considering candidates;

5. The outgoing Chair of the Deputies may be offered the chairmanship of a group, regardless of his/her seniority;

6. The Bureau submits recommendations to the Deputies who then take a decision;

7. The Bureau should seek to make a recommendation by consensus, in principle within two meetings;

8. When more than one candidature is received, the Chair will carry out consultations with the candidates, in order to identify a consensual solution to be presented to the CM;

9. If the Bureau does not reach consensus, then the full list of candidates should be submitted for a decision by the CM. The list will contain the candidates who have expressed to the Chair the wish to maintain their candidature, in alphabetical order of the member State they represent;

10. If the Bureau makes a recommendation, but a candidate maintains his/her candidature, then the list of candidates will be submitted for a decision by the CM.

In case of a vote on the list of candidates, the candidate obtaining the simple majority of votes within the meaning of Article 10.4 of the rules of Procedure for the Meetings of the Deputies (ie, half of the number of the Deputies entitled to vote, plus one) and the largest number of votes shall be declared elected.6

1.2.2 Length of chairmanship

The term of office of each Chair of a Rapporteur Group is two years, in principle non-renewable, from the date of his/her nomination by the Deputies. This period may, however, be extended by the Deputies in exceptional cases, where continuity in the activities embarked upon by a particular group is required.

1.2.3 Duties

Within each Rapporteur Group the Chair has an instigating and guiding role in the group's sphere of work. He or she reports to the Deputies on the group's work when the items that the group has prepared come up for discussion.

Where appropriate, the Chair of each Rapporteur Group and the Group itself may make any contact outside the Council. Such contacts are made after consulting the Chair of the Deputies in good time, who may decide to refer the matter to the Bureau and, if necessary, the Deputies. These contacts should not interfere with the statutory role of the SG when representing the Organisation.

The guidelines for the conduct of meetings of the Deputies (cf. II.B, §6.1: Guidelines for the conduct of meetings above) apply mutatis mutandis to the Chairs of Rapporteur groups. In addition, the following guidelines should also be applied:7
· advance knowledge of items for the agenda, planned timetable and timely distribution of documents;
· in principle, documents for discussion should be distributed 15 workings days in advance;
· delegations should ideally present proposed amendments in writing 3-5 working days before the date of the meeting;
· preliminary debates or exchanges of views in the groups should not take place if the documents were not distributed on time;
· in principle, information documents are not discussed unless a delegation so requests;
· group synopses should be distributed no later than 4 working days after the meeting.

1.2.4 Absence

The absence of a Rapporteur Group Chair should not prevent the group from meeting when necessary. Therefore a Vice-Chair can be appointed to stand in for the Chair in case of absence. Any appointment is made in close consultation with the Chair of the Deputies.

If both the Chair and Vice-Chair of a Rapporteur Group are absent or unavailable, it is recommended that a replacement be appointed on an ad hoc basis.

1.3 Responsibilities and powers

Each Rapporteur Group deals, in close contact with the SG, with matters falling within its field of activity.8 As such, it plays a part in the supervision of progress and results of the programme of activities.

Rapporteur Groups may engage in general policy discussions of relevance to their sectors of activity. They will develop their activities in contact with:

- the Assembly, its committees, their chairs and Rapporteurs, and, mutatis mutandis,
- the Congress and its bodies, as well as with
- steering committees, their Bureaux and chairs,
- conferences of specialised ministers and their preparatory committees.

Rapporteur Groups are responsible for maintaining dialogue with the steering committees and partial agreements (working in their respective sector of activities); this shall include, where necessary, the holding of hearings.

Rapporteur Groups may appoint working parties or thematic coordinators for a fixed time, after consultation with the Bureau, to consider specific issues within the Group’s field of competence.

Rapporteur Groups have no decision-making power.

The Secretariat is responsible inter alia for:

- providing general services such as preparation and distribution of documents to be discussed by Rapporteur Groups, including synopses of meetings;
- convening Rapporteur Groups meetings in accordance with the general practices of good management;
- where appropriate and under the supervision of the Bureau, co-ordinating the work of the different Rapporteur Groups.

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1.4 Functioning

1.4.1 Organisation of work

Work is organised on the following lines:

- Chair of the Deputies and Bureau (under the supervision of the Deputies): co-ordination of Rapporteur Groups' responsibilities;

- Rapporteur Groups:

· forums for information exchange and identifying problems,
· preparing Deputies' discussions, with the aim, ideally, of drawing up draft decisions grouped in a box in the draft order of business to be presented to the Deputies for adoption without debate,
· no rules of procedure and, in particular, no rule on quorums.

If a delegation considers it necessary, after the Rapporteur Group meeting, to continue discussion on an item at plenary level, the Chair of the Deputies and the Chair of the Group should be informed accordingly and if possible this fact should be mentioned in the synopsis of the meeting;

- Deputies: adoption of Decisions, discussion of general policy matters and rulings on questions not resolved within the Rapporteur Groups.

1.4.2 Meetings9

A timetable of meetings should be prepared, as far as possible well in advance, according to the following guidelines:
· meetings should only be convened when the agenda justifies it; as appropriate, the GR-DEM may hold a meeting every 3-4 weeks; the GR-PBA and GR-H every 4 weeks; the other GRs every 6 weeks; GTs as their task requires; additional meetings may be organised if necessary;
· Mondays and Fridays should generally be meeting-free days;
· meetings should be no longer than 3 hours;
· the GR-J and GR-H should in principle not take place during the same week;
· whenever possible, meetings should be avoided during school holidays.

1.4.3 Languages

Interpretation is in principle provided, unless there is an express agreement from the Chair of a particular group that a meeting may be held without interpretation.10

1.4.4 Agenda

Rapporteur Groups’ agendas are in principle drawn up at the instigation of the Deputies or the Deputies' Bureau.

Within their particular spheres of activity, the Chair of each Rapporteur Group and the Group itself has room for initiative. In the interest of consistency, however, they keep the Chair of the Deputies informed of their draft agendas, and he or she may decide to consult the Bureau and, if necessary, the Deputies.

1.4.5 Documentation

Convocations to and synopses of the meetings of the Rapporteur Groups are issued under the responsibility of each group’s Chair. Copies thereof are sent to all delegations and, where appropriate, to observers, in order to ensure that they are kept regularly informed of the work in progress in the different groups.

At their meetings, Rapporteur Groups endeavour to make use of annotated agendas and Chairs of the Deputies' Rapporteur Groups seek to comply with the deadline for circulation.

Meeting synopses should provide a succinct record of the content of the debates without, as far as possible, identifying the delegations concerned.

The presentation of documents should be standardised according to the following principles: concise, clear, and short. They should include at the beginning a summary, clearly defined recommendations for action to be taken, resource implications (financial and human) and a contact point.11

Documents should be presented within the deadlines set by the CM. In very exceptional and urgent cases, documents should be submitted no later than 24 hours before their consideration. In principle, the deadlines for Rapporteur Group documents are:12

- annotated agendas: the Friday before the week preceding the meeting
- documents for discussion: 15 workings days in advance
- synopses: 4 working days after the meeting
- delegations should ideally present proposed amendments in writing 3-5 working days before the date of the meeting.

Steering and expert committee reports and reports from conferences should be presented in the first instance to the competent Rapporteur Groups/Thematic coordinator within one month of the meeting; it being understood that the work of the Steering Committees will not be duplicated.13

1.4.6 Participation in meetings:

      1.4.6.1 Non-member States without observer status

      Representatives of non-member States without observer status are allowed to participate, on an ad hoc basis, in meetings of the Rapporteur Groups, if the topic to be discussed directly concerns those countries, upon invitation by the Chair of the relevant Group and with the prior agreement of the CM, in accordance with Article 20.a. of the Statute.14

      1.4.6.2 Other external personalities

      Where appropriate, the Chair of each Rapporteur Group and the Group itself may make any contact outside the Council. Such contacts are made after consulting the Chair of the Deputies in good time, who may decide to refer the matter to the Bureau and, if necessary, the Deputies. Delegations should be informed in good time of the participation of outside personalities in group meetings.15

      1.4.6.3 Staff Committee

      The Chairperson of the Staff Committee is authorised to attend meetings and follow the proceedings of the GR-PBA on a regular basis, it being understood that the existing provisions on relations between staff and the CM, as set out in the Article 7 of the Regulations on staff participation (Appendix I of the Staff Regulations), remained valid.16


3 Observer States may participate in the Deputies’ subsidiary groups, unless the meetings were held in camera or other ad hoc arrangements had been decided (CM/Del/Dec(2006)971/1.6).
4 The summary of the main fields of activity as of February 2012 is contained in GT-REF.INST(2011)11 revadd.
5 Cf. CM/Del/Dec(2011)1118/1.9
6 Procedure agreed at the Deputies’ 1134th meeting (15-16 February 2012).
7 Cf. CM(2011)96 final
8 The summary of the main fields of activity as of February 2012 is contained in GT-REF.INST(2011)11 revadd.
9 Cf. CM(2011)96 final
10 As from 2006, upon the implementation of the Guidelines for the reform and modernisation of the Committee's working methods.
11 Cf. CM(2011)96 final
12 Cf. CM(2002)155 and CM(2011)96 final
13 Cf. CM(2011)96 final
14 Cf. CM/Del/Dec(2007)1009/1.7
15 Cf. CM/Bur/Del(2008)6
16 Cf. CM/Del/Dec(2002)780/1.4 and CM/Bur/Del(2002)3

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2. Thematic Co-ordinators (TCs)

Thematic coordinators (“TC”) are appointed by the CM to follow certain areas of importance to the Organisation.17

The work of Thematic coordinators should be coordinated with that of the CM. In particular:18
- all TCs will inform the CM of their plans (at least once a year);
- all TCs will keep the CM regularly informed of their activities and seek its guidance, as appropriate.

The current list of Thematic coordinators is: TC-ET (Equality and Trafficking), TC-INF (Information Policy), TC-ENF (Children).

2.1 Appointment

2.2 Term of office

2.3 Terms of reference

2.4 Working methods

2.1 Appointment

Thematic Co-ordinators are appointed from among Permanent Representatives and Deputy Permanent Representatives.

Rules regarding the selection procedure of the Chairs of Rapporteur Groups apply to TCs (Cf. 1.2.1 above).

2.2 Term of office

The term of office of each TC is, in principle, two19 years not renewable, from the date of his/her nomination by the Deputies. This period may be extended by the Deputies in exceptional cases where continuity in the activities embarked upon by a particular TC is required. The CM will take a decision to continue, redirect or discontinue a TC towards the end of each mandate.20

2.3 Terms of reference

TCs should have a mandate approved by the CM. The mandates should be readily accessible on the CM web-site. 21

TCs may be asked to consider matters relating to the Deputies’ work, on the basis of the principle of individual work – collective decision. They work in close contact with the SG and the relevant Secretariat departments and, where this proves necessary, place at the disposal of the plenary committee their experience in their specific field.

Each TC addresses issues within his/her remit. TCs may make contact with any internal Council body as appropriate.

Where necessary, TCs may make any contact outside the Council after consulting the Chair of the Deputies in good time, who may decide to refer the matter to the Bureau and, if necessary, the Deputies. These contacts should not interfere with the statutory role of the SG when representing the Organisation.

TCs may also be appointed, for a fixed period of time, after consulting the Bureau, to consider specific issues discussed within the Rapporteur Groups (cf. 1.3 above).

2.4 Working methods

To perform their assignments TCs may consult the delegations as necessary and, if appropriate, convene informal meetings. Before any such meeting, TCs should issue to delegations a convocation and, where appropriate, an annotated draft agenda. The guidelines for the conduct of meetings by the Chairs of Rapporteur groups apply mutatis mutandis to TCs (cf. 1.2.3 above).

The same procedure for informing the Chair of the Deputies as that chosen for the Rapporteur Groups applies to TCs’ draft agendas.

The TCs may present a report to the Deputies in writing, possibly for consideration without debate. The report indicates in particular the outcome of any consultations, including the results obtained from informal meetings held.


17 Cf. CM(2011)96 final
18 Cf. CM(2011)96 final
19 Cf. CM(2011)96 final
20 Cf. CM(2011)96 final
21 Cf. CM(2011)96 final

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3. Working Parties

There are currently three ad hoc working parties22:
- GT-REF.ECHR: its mandate expires on 31 December 2015;23
- GT-REF.INST: the need to continue or discontinue the GT-REF.INST will be considered in September 2013;
- GT-CNS: the Working Party will make proposals to the Deputies before 31 May 2013; its mandate will expire once the Deputies finish their examination of these proposals.24

3.1 Membership

3.2 Chair

3.3 Terms of reference

3.4 Working methods

3.1 Membership

Working Party membership may be restricted or open, as decided by the Deputies. The latter also decide on whether observers can take part in the activities of the Working Parties.

3.2 Chair

Chairs of a Working Party are appointed from among Permanent Representatives.

Rules regarding appointment and duties of the Chairs of Rapporteur Groups (cf. 1.2 above) apply to Chairs of Working Parties.

Chairs of Working Parties set up by Rapporteur Groups are appointed by the relevant Rapporteur Group, after consultation with the Bureau of the Deputies.

3.3 Terms of reference

Terms of reference of Working Parties refer to specific tasks relating to the work of the Deputies or of a Rapporteur Group. The duration of Working Parties is in principle stipulated when they are set up. They may, as in the case of Rapporteur Groups and TCs, be asked to consider matters relating to their specific task.

All ad hoc working parties should have mandates and be limited in time. The mandates, approved by the CM, should be readily accessible on the CM web-site.25

3.4 Working methods

Working Parties will implement the same methods and procedures as those laid down for the Rapporteur Groups and TCs.


22 Cf. CM(2011)96 final
23 Cf. CM/Del/Dec(2012)1145/1.6
24 Cf. CM/Del/Dec(2012)1156/1.5
25 Cf. CM(2011)96 final

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