to Resolution (99) 5
1 - Aim of the GRECO
aim of the Group of States against Corruption (hereinafter referred to
as the "GRECO") is to improve the capacity of its members to
fight corruption by following up, through a dynamic process of mutual
evaluation and peer pressure, compliance with their undertakings in
2 - Functions of the GRECO
order to achieve the aim laid down in Article 1, the GRECO shall:
monitor the observance of the Guiding Principles for the Fight against
Corruption as adopted by the Committee of Ministers of the Council of
Europe on 6 November 1997;
monitor the implementation of international legal instruments to be
adopted in pursuance of the Programme of Action against Corruption, in
conformity with the provisions contained in such instruments;
3 - Seat
GRECO's seat shall be in Strasbourg.
4 - Procedure for membership of the GRECO
Any Member States of the Council of Europe, other than those mentioned
in the Resolution establishing the GRECO, may join the GRECO at any
time by so notifying the Secretary General of the Council of Europe.
Any non-Member States having participated in the elaboration of this
Enlarged Partial Agreement
may join the GRECO at any time by so notifying the Secretary General
of the Council of Europe. The notification shall be accompanied by a
declaration to the effect that the non-Member States undertakes to
apply the Guiding Principles for the Fight against Corruption, adopted
by the Committee of Ministers of the Council of Europe on 6 November
States which become Parties to international legal instruments adopted
by the Committee of Ministers of the Council of Europe in pursuance of
the Programme of Action against Corruption providing for compulsory
membership of the GRECO shall become members of the GRECO ipso facto
in conformity with the provisions contained in these instruments.
The Committee of Ministers of the Council of Europe in its composition
restricted to the States members of the Enlarged Partial Agreement,
following consultation of the non-Member States already participating,
may invite non-Member States, other than those covered by paragraph 2
above, to join the GRECO.The non-Member States having received such an
invitation, shall notify to the Secretary General its intention to
join the GRECO, accompanied by a declaration to the effect that it
undertakes to apply the Guiding Principles for the Fight against
5 - Participation of the European Community
European Community may be invited by the Committee of Ministers to
participate in the work of the GRECO. The modalities of its
participation shall be determined in the resolution inviting it to
6 - Composition of the GRECO
Each member shall appoint a delegation to the GRECO consisting of not
more than two representatives. One representative shall be appointed
as head of the delegation.
The budget of the Enlarged Partial Agreement shall bear the travel and
subsistence expenses of one of the representatives of the delegation.
The representatives appointed to the GRECO shall enjoy the privileges
and immunities applicable under Article 2 of the Protocol to the
General Agreement on Privileges and Immunities of the Council of
7 - Other Representatives
The European Committee on Legal Co-operation (CDCJ) and the European
Committee on Crime Problems (CDPC) shall each appoint a representative
to the GRECO.
The Committee of Ministers may invite other Council of Europe bodies
to appoint a representative to the GRECO after consulting the latter.
The Statutory Committee, set up under Article 18 below, shall appoint
a representative to the GRECO.
Representatives appointed under paragraphs 1 to 3 above shall
participate in plenary meetings of the GRECO without the right to
vote. Their travel and subsistence expenses shall not be borne by the
budget of the Enlarged Partial Agreement.
8 - Operation of the GRECO
The GRECO shall take the necessary decisions for its operation. In
particular, it shall:
i. adopt evaluation reports in accordance with Article 15;
ii. approve its draft annual programme of activities and submit, in conformity with the Financial Regulations, proposals to the Secretary General of the Council of Europe relating to the elaboration of the draft annual budget, prior to its transmission to the Statutory Committee set up under Article 18 below;
iii. approve its annual activity report, including its annual accounts, prior to its submission to the Statutory Committee and to the Committee of Ministers;
The GRECO shall hold at least two plenary meetings a year and may
decide to set up working parties whenever necessary and in accordance
with its Rules of Procedure.
The GRECO will publish every year its annual report of activities
including its annual accounts, once approved by the relevant bodies
pursuant to Article 18 below.
The GRECO shall draw up its own Rules of Procedure. Any State or the
European Community, when becoming a member of the GRECO, shall be
deemed to have accepted the Statute and the Rules of Procedures of the
The GRECO shall hold its meetings in camera.
Members of the GRECO participating in the mutual evaluation shall have
the right to vote. Each of them shall be entitled to cast one vote.
However, unless otherwise decided by the Statutory Committee, a member
which has failed to pay all or a substantial part of its compulsory
contribution to the budget of the enlarged partial agreement for a
period of two years, shall no longer take part in the decision-making
Decisions of the GRECO shall be taken by two-thirds of the votes cast and the majority of those
entitled to vote. However, procedural decisions shall be taken by a
majority of the votes cast.
The GRECO shall elect its President and Vice-President among the
representatives of the members entitled to vote.
Article 9 - Bureau
There shall be a Bureau composed of the President and the
Vice-President referred to in Article 8 paragraph 8 above
and five other persons elected by the GRECO, among the representatives
of the members entitled to vote which are, as far as possible, Parties
to at least one of the international legal instruments adopted in
pursuance of the Programme of action against corruption.
2. The Bureau shall carry out the following functions:
- prepare the preliminary draft annual programme of activities and the draft annual activity report;
- make proposals to the GRECO concerning the preliminary draft budget;
- organise country visits on the basis of the decisions taken by the GRECO;
- make proposals to the GRECO on the composition of the ad hoc evaluation teams;
- prepare the agenda for the meetings of the GRECO including those at which evaluation reports will be discussed;
- make proposals to the GRECO as regards the provisions to be selected for evaluation procedures in pursuance ofArticle 10 paragraph 3 below;
- make proposals to the GRECO concerning the appointment of scientific experts and consultants.
3. The Bureau shall carry out any other function assigned to it by the
The Bureau shall exercise its functions under the general supervision
of the GRECO.
Article 10 - Evaluation procedure
The GRECO shall conduct evaluation procedures in respect of each of
its members in pursuance of Article 2.
The evaluation shall be divided in rounds. An evaluation round is a
period of time determined by the GRECO, during which an evaluation
procedure shall be conducted to assess the compliance of members with
selected provisions contained in the Guiding Principles and in other
international legal instruments adopted in pursuance of the Programme
of Action against Corruption.
At the beginning of each round the GRECO shall select the specific
provisions on which the evaluation procedure shall be based.
Each member shall identify a maximum of 5 experts who would be able to
undertake the tasks set out in Articles 12-14.
Each member shall ensure that its authorities co-operate, to the
fullest possible extent, in the evaluation procedure, within the
limits of its national legislation.
11 - Questionnaire
The GRECO shall adopt a questionnaire for each evaluation round, which
shall be addressed to all members concerned by the evaluation.
The questionnaire shall provide the framework of the evaluation
Members shall address their replies to the Secretariat within the time
limits fixed by the GRECO.
12 - Evaluation teams
The GRECO shall appoint, from the experts referred to in paragraph 4
of Article 10, a team for the evaluation of each member (hereinafter
referred to as "the team"). When the evaluation concerns the
implementation of one of the international legal instruments adopted
in pursuance of the Programme of Action against Corruption, the GRECO
shall appoint teams composed exclusively of experts proposed by
members who are Parties to the instrument concerned.
The team shall examine the replies given to the questionnaire and may
request, where appropriate, additional information from the member
undergoing the evaluation, to be submitted either orally or in
The budget of the Enlarged and Partial Agreement shall bear the travel
and subsistence expenses of the experts participating in the teams.
13 - Country visits
The GRECO may instruct the team to visit a member, for the purpose of
seeking additional information concerning its law or practice, which
is useful for the evaluation.
The GRECO shall give a minimum of two months notice to the member
concerned of its intention to carry out the visit.
The visit shall be carried out in accordance with a programme arranged
by the member concerned, taking into account the wishes expressed by
The members of the team shall enjoy the privileges and immunities
applicable under Article 2 of the Protocol to the General Agreement on
Privileges and Immunities of the Council of Europe.
The budget of the Enlarged Partial Agreement shall bear the travel and
subsistence expenses necessary for the carrying out country visits.
14 - Evaluation reports
On the basis of the information gathered, the team shall prepare a
preliminary draft evaluation report on the state of the law and the
practice in relation to the provisions selected for the evaluation
The preliminary draft report shall be transmitted to the member
undergoing the evaluation for comments. These comments shall be taken
into account by the team when finalising the draft report.
The draft report shall be submitted to the GRECO.
15 - Discussion and adoption of reports
The GRECO shall debate in Plenary the draft report submitted by the
The member undergoing the evaluation shall be entitled to submit
observations orally and/or in writing to the Plenary.
At the close of the debate, the GRECO shall adopt, with or without
amendments, the report in respect of the member undergoing the
All members shall be entitled to participate in the vote leading to
the adoption of evaluation reports relating to the application of the
Guiding Principles. Only members which are Parties to an international
legal instrument adopted in pursuance of the Programme of Action
against Corruption shall be entitled to participate in the vote
leading to the adoption of evaluation reports on the implementation of
the instrument concerned.
Evaluation reports shall be confidential. Unless otherwise decided,
access to these reports shall be restricted to members of the team
which has carried out the evaluation, in addition to members of the
GRECO, of the Statutory Committee and of the Secretariat of these
The GRECO's report may contain recommendations addressed to the member
undergoing the evaluation in order to improve its domestic laws and
practices to combat corruption. The GRECO shall invite the member to
report on the measures taken to follow these recommendations.
16 - Public Statements
The Statutory Committee may issue a public statement when it believes
that a member remains passive or takes insufficient action in respect
of the recommendations addressed to it as regards the application of
the Guiding Principles.
The Statutory Committee, in its composition restricted to the members
who are parties to the instruments concerned, may issue a public
statement when it believes that a member remains passive or takes
insufficient action in respect of the recommendations addressed to it
as regards the implementation of an instrument adopted in pursuance of
the Programme of Action against Corruption.
The Statutory Committee shall inform the member concerned and provide
an opportunity for the member to submit further comments before
confirming its decision to issue a public statement referred to in
paragraphs 1 and/or 2 above.
17 - The GRECO's financial resources
The budget of the GRECO shall be financed through the annual
compulsory contributions of its members;
The GRECO may receive additional voluntary contributions from its
GRECO may also receive voluntary contributions from interested
Financial resources covered by paragraph 3 above shall be subject to
the authorisation of the Statutory Committee prior to their
The GRECO's assets shall be acquired and held on behalf of the Council
of Europe and shall benefit as such from the privileges and immunities
applicable to the Council's assets under existing agreements.
18 - Statutory Committee
The Statutory Committee shall be composed of the representatives on
the Committee of Ministers of the Member States of the Council of
Europe which are also members of the GRECO and of representatives
specifically designated to that effect by the other members of the
The Statutory Committee shall determine every year the members'
compulsory contributions to the GRECO. The scale according to which
the contributions of non-members of the Council of Europe are
calculated shall be decided in agreement with the latter; as a general
rule, that scale shall conform to the criteria for the determination
of the scale of contributions to the general budget of the Council of
The Statutory Committee shall adopt every year the GRECO's budget on
expenditure relating to the implementation of the programme of
activities and common secretariat expenditure.
The Statutory Committee shall approve every year the GRECO's annual
accounts which shall be drawn up by the Secretary General of the
Council of Europe in accordance with the Financial Regulations of the
Council of Europe and submitted to the Statutory Committee accompanied
by the report of the Board of Auditors. In order to discharge the
Secretary General from responsibility for the management of the
financial year in question, the Statutory Committee shall transmit to
the Committee of Ministers the annual accounts, together with its
approval or any comments, and the report drawn up by the Board of
The Financial Regulations of the Council of Europe shall apply,
mutatis mutandis, to the adoption and management of the budget.
19 - Secretariat
The GRECO shall be assisted by a Secretariat provided by the Secretary
General of the Council of Europe.
The GRECO's Secretariat shall be headed by an Executive Secretary
appointed by the Secretary General of the Council of Europe.
20 - Amendments
The GRECO or any of its members may propose amendments to this Statute
to the Statutory Committee.
This Statute may be amended by Statutory Committee by unanimous
decision. If the amendment has not been proposed by the GRECO, the
latter shall be consulted by the Statutory Committee.
21 - Withdrawal
Subject to the applicable provisions of international legal
instruments mentioned in Article 2, paragraph 2 above, any member may
withdraw from the GRECO by means of a declaration addressed to the
Secretary General of the Council of Europe by the Minister for Foreign
Affairs or a diplomatic representative who shall be given specific
powers to this effect.
The Secretary General shall acknowledge receipt of the declaration and
inform the member concerned that it will be submitted to the Statutory
By analogy with Article 7 of the Statute of the Council of Europe, the
withdrawal shall take effect:
-at the end of the financial year in which it is notified, if the notification is given during the first nine months of that financial year;
-at the end of the next financial year, if the notification is given in the last three months of the financial year.
In accordance with Article 18 of the Financial Regulations of the
Council of Europe, the Statutory Committee shall examine the financial
consequences of the withdrawal and make the appropriate arrangements.
The Secretary General shall immediately inform the member concerned of
the consequences for it of its withdrawal and keep the Statutory
Committee informed of the outcome.
These States are the following: Belarus (10), Canada (11), Holy
See (10), Japan (10), Mexico (10) and United States of America
(11). Bosnia and Herzegovina has participated twice in GMC
Only votes "in favour" or "against" are taken
into account when counting the number of votes cast (Article 10
paragraph 5 of the Rules of Procedure of the Ministers' Deputies).