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PARTIAL AGREEMENT IN THE SOCIAL AND
PUBLIC HEALTH FIELD

BASIC TEXTS

* * * * * *

C O N T E N T S

A. Treaty of economic, social and cultural collaboration and collective self-defence, signed at Brussels on March 17, 1948, as amended by the "Protocol modifying and completing the Brussels Treaty"

B. Protocol modifying and completing the Brussels Treaty

C. Council of Europe: Resolution (51) 62 (2nd August 1951) - Partial Agreements

D. Western European Union: transfer of the exercise of social and cultural activities to the Council of Europe

E. Council of Europe: Resolution (59) 23 - 16th November 1959 - Extension of the activities of the Council of Europe in the social and cultural fields

F. Council of Europe: Resolution (61) 40 (16th December 1961) - Cultural and scientific co-operation - transfer to the Council for Cultural Co-operation of the cultural activities listed in the Appendix to Resolution (59) 23

G. Council of Europe: Statutory Resolution (93) 28 (14 May 1993) - Partial and Enlarged Agreements

H. Joint Opinion by the Committee on the Rehabilitation and Integration of People with disabilities (PA) (CD-P-RR) and the Public Health Committee (PA) (CD-P-SP) on the possible enlargement of the circle of states parties to the Partial Agreement in the social and public health field, leading to the setting up of a new Partial Agreement

I. Council of Europe: Resolution (96) 34 (2nd October 1996) - Authorising the states concerned to revise the Partial Agreement in the Social and Public Health Field

J. Council of Europe: Resolution (96) 35 (2nd October 1996) - Revising the Partial Agreement in the Social and Public Health Field.
*
* *

Council of Europe: Resolution (96) 36 (17th October 1996) - Establishing the criteria for Partial and Enlarged Agreements of the Council of Europe

A. TREATY OF ECONOMIC, SOCIAL AND CULTURAL COLLABORATION AND COLLECTIVE SELF-DEFENCE, SIGNED AT BRUSSELS ON MARCH 17, 1948, AS AMENDED BY THE "PROTOCOL MODIFYING AND COMPLETING THE BRUSSELS TREATY"

Signed at Paris on October 23, 1954 1

[The High Contracting Parties]

Resolved:

To reaffirm their faith in fundamental human rights, in the dignity and worth of the human person and in the other ideals proclaimed in the Charter of the United Nations;

To fortify and preserve the principles of democracy, personal freedom and political liberty, the constitutional traditions and the rule of law, which are their common heritage;

To strengthen, with these aims in view, the economic, social and cultural ties by which they are already united;

To co-operate loyally and to co-ordinate their efforts to create in Western Europe a firm basis for European economic recovery;

To afford assistance to each other, in accordance with the Charter of the United Nations, in maintaining international peace and security and in resisting any policy of aggression;

To promote the unity and to encourage the progressive integration of Europe; 2

To associate progressively in the pursuance of these aims other States inspired by the same ideals and animated by the like determination;

Desiring for these purposes to conclude a treaty for collaboration in economic, social and cultural matters and for collective self-defence;

Have agreed as follows:

ARTICLE I 3

Convinced of the close community of their interests and of the necessity of uniting in order to promote the economic recovery of Europe, the High Contracting Parties will so organise and co-ordinate
their economic activities as to produce the best possible results, by the elimination of conflict in their economic policies, the co-ordination of production and the development of commercial exchanges.

The co-operation provided for in the preceding paragraph, which will be effected through the Council referred to in Article VIII, as well as through other bodies, shall not involve any duplication of, or prejudice to, the work of other economic organisations in which the High Contracting Parties are or may be represented but shall on the contrary assist the work of those organisations.

ARTICLE II

The High Contracting Parties will make every effort in common, both by direct consultation and in specialised agencies, to promote the attainment of a higher standard of living by their peoples and to develop on corresponding lines the social and other related services of their countries.

The High Contracting Parties will consult with the object of achieving the earliest possible application of recommendations of immediate practical interest, relating to social matters, adopted with their approval in the specialised agencies.

They will endeavour to conclude as soon as possible conventions with each other in the sphere of social security.

ARTICLE III

The High Contracting Parties will make every effort in common to lead their peoples towards a better understanding of the principles which form the basis of their common civilisation and to promote cultural exchanges by conventions between themselves or by other means.

ARTICLE IV 4

In the execution of the Treaty, the High Contracting Parties and any Organs established by Them under the Treaty shall work in close co-operation with the North Atlantic Treaty Organisation.

Recognising the undesirability of duplicating the military staffs of NATO, the Council and its Agency will rely on the appropriate military authorities of NATO for information and advice on military matters.

ARTICLE V 5

If any of the High Contracting Parties should be the object of an armed attack in Europe, the other High Contracting Parties will, in accordance with the provisions of Article 51 of the Charter of the United Nations, afford the Party so attacked all the military and other aid and assistance in their power.

ARTICLE VI 6

All measures taken as a result of the preceding Article shall be immediately reported to the Security Council. They shall be terminated as soon as the Security Council has taken the measures necessary to maintain or restore international peace and security.

The present Treaty does not prejudice in any way the obligations of the High Contracting Parties under the provisions of the Charter of the United Nations. It shall not be interpreted as affecting in any way the authority and responsibility of the Security Council under the Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

ARTICLE VII 7

The High Contracting Parties declare, each so far as he is concerned, that none of the international engagements now in force between him and any other of the High Contracting Parties or any third State is in conflict with the provisions of the present Treaty.

None of the High Contracting Parties will conclude any alliance or participate in any coalition directed against any other of the High Contracting Parties.

ARTICLE VIII 8

1. For the purposes of strengthening peace and security and of promoting unity and of encouraging the progressive integration of Europe and closer co-operation between Them and with other European organisations, the High Contracting Parties to the Brussels Treaty shall create a Council to consider matters concerning the execution of this Treaty and of its Protocols and their Annexes.

2. This Council shall be known as the "Council of Western European Union"; it shall be so organised as to be able to exercise its functions continuously; it shall set up such subsidiary bodies as may be considered necessary: in particular it shall establish immediately an Agency for the Control of Armaments whose functions are defined in Protocol N° IV.

3. At the request of any of the High Contracting Parties the Council shall be immediately convened in order to permit Them to consult with regard to any situation which may constitute a threat to peace, in whatever area this threat should arise, or a danger to economic stability.

4. The Council shall decide by unanimous vote questions for which no other voting procedure has been or may be agreed. In the cases provided for in Protocols II, III and IV it will follow the various voting procedures, unanimity, two-thirds majority, simple majority, laid down therein. It will decide by simple majority questions submitted to it by the Agency for the Control of Armaments.

ARTICLE IX 9

The Council of Western European Union shall make an annual report on its activities and in particular concerning the control of armaments to an Assembly composed of representatives of the Brussels Treaty Powers to the Consultative Assembly of the Council of Europe.

ARTICLE X 10

In pursuance of their determination to settle disputes only by peaceful means, the High Contracting Parties will apply to disputes between themselves the following provisions:

The High Contracting Parties will, while the present Treaty remains in force, settle all disputes falling wihin the scope of Article 36, paragraph 2, of the Statute of the International Court of Justice, by referring them to the Court, subject only, in the case of each of them, to any reservation already made by that Party when accepting this clause for compulsory jurisdiction to the extent that that Party may maintain the reservation.

In addition, the High Contracting Parties will submit to conciliation all disputes outside the scope of Article 36, paragraph 2, of the Statute of the International Court of Justice.

In the case of a mixed dispute involving both questions for which conciliation is appropriate and other questions for which judicial settlement is appropriate, any Party to the dispute shall have the right to insist that the judicial settlement of the legal questions shall precede conciliation.

The preceding provisions of this Article in no way affect the application of relevant provisions or agreements prescribing some other method of pacific settlement.

ARTICLE XI 11

The High Contracting Parties may, by agreement, invite any other State to accede to the present Treaty on conditions to be agreed between them and the State so invited.

Any State so invited may become a Party to the Treaty by depositing an instrument of accession with the Belgian Government.

The Belgian Government will inform each of the High Contracting Parties of the deposit of each instrument of accession.
ARTICLE XII

The present Treaty shall be ratified and the instruments of ratification shall be deposited as soon as possible with the Belgian Government.

It shall enter into force on the date of the deposit of the last instrument of ratification and shall thereafter remain in force for fifty years.

After the expiry of the period of fifty years, each of the High Contracting Parties shall have the right to cease to be a party thereto provided that he shall have previously given one year's notice of denunciation to the Belgian Government.

The Belgian Government shall inform the Governments of the other High Contracting Parties of the deposit of each instrument of ratification and of each notice of denunciation.



B. PROTOCOL MODIFYING AND COMPLETING THE BRUSSELS TREATY

Signed at Paris on October 23, 1954; entered into force on May 6, 1955

His Majesty the King of the Belgians, the President of the French Republic, President of the French Union, Her Royal Highness the Grand Duchess of Luxembourg, Her Majesty the Queen of the Netherlands and Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories, Head of the Commonwealth, Parties to the Treaty of Economic, Social and Cultural Collaboration and Collective Self-Defence, signed at Brussels on March the 17th, 1948, hereinafter referred to as the Treaty, on the one hand,

and the President of the Federal Republic of Germany and the President of the Italian Republic on the other hand,

Inspired by a common will to strengthen peace and security;

Desirous to this end of promoting the unity and of encouraging the progressive integration of Europe;

Convinced that the accession of the Federal Republic of Germany and the Italian Republic to the Treaty will represent a new and substantial advance towards these aims:

Having taken into consideration the decisions of the London Conference as set out in the Final Act of October the 3rd, 1954, and its Annexes;

Have appointed as their Plenipotentiaries:

His Majesty the King of the Belgians

His Excellency M. Paul-Henri Spaak, Minister of Foreign Affairs

The President of the French Republic, President of the French Union

His Excellency M. Pierre Mendès-France, Prime Minister, Minister of Foreign Affairs

The President of the Federal Republic of Germany

His Excellency Dr. Konrad Adenauer, Federal Chancellor, Federal Minister of Foreign Affairs

The President of the Italian Republic

His Excellency M. Gaetano Martino, Minister of Foreign Affairs

Her Royal Highness the Grand Duchess of Luxembourg

His Excellency M. Joseph Bech, Prime Minister, Minister of Foreign Affairs

Her Majesty the Queen of the Netherlands

His Excellency M. Johan Willem Beyen, Minister of Foreign Affairs

Her Majesty the Queen of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories, Head of the Commonwealth

For the United Kingdom of Great Britain and Northern Ireland

The Right Honourable Sir Anthony Eden, K.G., M.C., Member of Parliament, Principal Secretary of State for Foreign Affairs

Who, having exhibited their full powers found in good and due form,

Have agreed as follow:
ARTICLE I

The Federal Republic of Germany and the Italian Republic hereby accede to the Treaty as modified and completed by the present Protocol.

The High Contracting Parties to the present Protocol consider the Protocol on Forces of Western European Union (hereinafter referred to as Protocol N°. II), the Protocol on the Control of Armaments and its Annexes (hereinafter referred to as Protocol N° III), and the Protocol on the Agency of Western European Union for the Control of Armaments (hereinafter referred to as Protocol N° IV) to be an integral part of the present Protocol.

ARTICLE II

The sub-paragraph of the Preamble to the Treaty: "to take such steps as may be held necessary in the event of renewal by Germany of a policy of aggression" shall be modified to read: "to promote the unity and to encourage the progressive integration of Europe."

The opening words of the 2nd paragraph of Article I shall read "The co-operation provided for in the preceding paragraph, which will be effected through the Council referred to in Article VIII...."

ARTICLE III

The following new Article shall be inserted in the Treaty as Article IV: "In the execution of the Treaty the High Contracting Parties and any organs established by Them under the Treaty shall work in close co-operation with the North Atlantic Treaty Organisation.

"Recognising the undesirability of duplicating the Military Staffs of NATO, the Council and its Agency will rely on the appropriate Military Authorities of NATO for information and advice on military matters."

Articles IV, V, VI and VII of the Treaty will become respectively Articles V, VI, VII and VIII.

ARTICLE IV

Article VIII of the Treaty (formerly Article VII) shall be modified to read as follows:

"1. For the purpose of strengthening peace and security and of promoting unity and of encouraging the progressive integration of Europe and closer co-operation between Them and with other European organisations, the High Contracting Parties to the Brussels Treaty shall create a Council to consider matters concerning the execution of this Treaty and of its Protocols and their Annexes.

"2. This Council shall be known as the 'Council of Western European Union'; it shall be so organised as to be able to exercise its functions continuously; it shall set up such subsidiary bodies as may be considered necessary: in particular it shall establish immediately an Agency for the Control of Armaments whose functions are defined in Protocol N° IV.

"3. At the request of any of the High Contracting Parties the Council shall be immediately convened in order to permit Them to consult with regard to any situation which may constitute a threat to peace, in whatever area this threat should arise, or a danger to economic stability.

"4. The Council shall decide by unanimous vote questions for which no other voting procedure has been or may be agreed. In the cases provided for in Protocols II, III and IV it will follow the various voting procedures, unanimity, two-thirds majority, simple majority, laid down therein. It will decide by simple majority questions submitted to it by the Agency for the Control of Armaments."

ARTICLE V

A new Article shall be inserted in the Treaty as Article IX: "The Council of Western European Union shall make an Annual Report on its activities and in particular concerning the control of armaments to an Assembly composed of representatives of the Brussels Treaty Powers to the Consultative Assembly of the Council of Europe."

The Articles VIII, IX and X of the Treaty shall become respectively Article X, XI and XII.

ARTICLE VI

The present Protocol and the other Protocols listed in Article I above shall be ratified and the instruments of ratification shall be deposited as soon as possible with the Belgian Government.*

They shall enter into force when all instruments of ratification of the present Protocol have been deposited with the Belgian Government and the instrument of accession of the Federal Republic of Germany to the North Atlantic Treaty has been deposited with the Government of the United States of America.**

The Belgian Government shall inform the Governments of the other High Contracting Parties and
the Government of the United States of America of the deposit of each instrument of ratification.

In witness whereof the above-mentioned Plenipotentiaries have signed the present Protocol and have affixed thereto their seals.

Done at Paris this twenty-third day of October, 1954, in two texts, in the English and French languages, each text being equally authoritative in a single copy which shall remain deposited in the archives of the Belgian Government and of which certified copies shall be transmitted by that Government to each of the other signatories.

_____________
* Ratifications Date of Deposit
Italy April 20, 1955
Belgium April 22, 1955
Netherlands May 1, 1955
Luxembourg May 4, 1955
France May 5, 1955
Federal Republic of Germany May 5, 1955
United Kingdom May 5, 1955

** May 6, 1955

For Belgium:
(L.S.) P.-H. SPAAK.

For France:
(L.S.) P. MENDES-FRANCE.

For the Federal Republic of Germany:
(L.S.) ADENAUER.

For Italy:
(L.S.) G. MARTINO.

For Luxembourg:
(L.S.) JOS. BECH.

For the Netherlands:
(L.S.) J.W. BEYEN.

For the United Kingdom of Great Britain and Northern Ireland:
(L.S.) ANTHONY EDEN.


C. COUNCIL OF EUROPE

RESOLUTION (51) 62 (2nd August, 1951) - Partial Agreements*

The Committee of Ministers,

Having regard to Article 20 (a) of the Statute, which provides that recommendations by the Committee of Ministers to Member Governments require the unanimous vote of representatives casting a vote and of a majority of the representatives entitled to sit on the Committee;

Having regard to Recommendation 3 adopted by the Consultative Assembly in August, 1950;

Desirous, whenever possible, of reaching agreement by unanimous decision of the Committee, but recognising, nevertheless, that in certain circumstances individual Members may wish to abstain from participating in a course of action which represents the wishes of other Members;

Considering that it is desirable for this purpose that the procedure of abstention already possible under Article 20 (a) of the Statute should be so defined that the individual representatives on the Committee of Ministers should be able, by abstaining from voting for a proposal, to avoid committing their Governments to the decision taken by their colleagues;

Resolves:

1. If the Committee, by the unanimous vote of the representatives casting a vote and of a majority of the representatives entitled to sit on the Committee, decides that abstention from participation in any proposal before it shall be permitted, that proposal shall be put to the Committee; it shall be considered as adopted only by the representatives who then vote in favour of it, and its effects shall be limited accordingly.

2. Any additional expenditure incurred by the Council of Europe in connection with a proposal adopted under the above procedure shall be borne exclusively by the Members whose representatives have voted in favour of it.

* This resolution is replaced by Statutory Resolution (93) 28 (see page 12)

D. WESTERN EUROPEAN UNION:

TRANSFER OF THE EXERCISE OF SOCIAL AND CULTURAL ACTIVITIES
TO THE COUNCIL OF EUROPE

I. The exercise of the social and cultural activities at present pursued by W.E.U. are transferred to the Council of Europe.

This transfer will be carried out in such a way as to ensure that the activities in question can be pursued as effectively in the Council of Europe as hitherto in W.E.U.; it does not affect the scope of the revised Brussels Treaty.

II. This will be achieved by the procedure of Partial Agreements, introduced by Resolution (51) 62 of the Committee of Ministers of the Council of Europe.

To this end, the Committee of Ministers of the Council of Europe will authorise the member States of W.E.U. to continue to the extent which they consider necessary within the Council of Europe the activities included in the transfer.

III. The working methods hitherto employed by W.E.U. will be maintained under this Partial Agreement.

This means that:

1. the liaison section system, which enables officials of the government departments concerned to keep close contacts with one another and provides an efficient means of developing European co-operation on the technical level, will be maintained;

2. the background documentation will continue to be prepared by national delegations;

3. all documentation will remain confidential until its wider distribution has been agreed. This will maintain the existing atmosphere of free and frank discussion;

4. certain meetings will be held away from the headquarters of the Council of Europe in order to enable participants to study on the spot questions within their competence and to enable officials of the host country to become more conversant with European problems.

IV. Any activity covered by the Partial Agreement can, as required, be extended to other member States of the Council of Europe.

V. Committees and sub-committees set up under the Partial Agreement will report on their activities to the Committee of Ministers of the Council of Europe, which, at meetings limited to representatives of member States party to the Partial Agreement, will decide what action to take on these reports. The latter will be forwarded for information to the competent expert committees of the Council of Europe.

A chapter on the activities in question will be incorporated in the report which the Committee of Ministers is required to submit to the Consultative Assembly.

VI. The Secretaries-General of the two Organisations will take all necessary executive action for the transfer. The timing of transfer of each particular activity shall be determined in consultation between them.

They will also make arrangements for the preservation of archives.

E. COUNCIL OF EUROPE
RESOLUTION (59) 23* adopted by the Ministers' Deputies on 16th November 1959

EXTENSION OF THE ACTIVITIES OF THE COUNCIL OF EUROPE IN THE
SOCIAL AND CULTURAL FIELDS

The Committee of Ministers,

Having regard to the decision adopted on 21st October 1959 by the Council of Western European Union concerning the exercise of social and cultural activities;

Having regard to Resolution (51) 62 of the Committee of Ministers concerning partial agreements;

Recognising the need for the social and cultural activities listed in the Annex to this Resolution to be exercised henceforth as effectively as they were by Western European Union,

* This Resolution was supplemented by Resolution (61) 40 (see page 54) and revised by Resolution (96) 35 (see page 64)
Resolves:

I. Belgium, France, the Federal Republic of Germany, Italy, Luxembourg, the Netherlands, and the United Kingdom of Great Britain and Northern Ireland shall be authorised, to the extent that their Governments may consider necessary, to continue the activities mentioned in the Annex within the framework of the Council of Europe, on the basis of a Partial Agreement.

II. The working methods hitherto employed by WEU will be maintained under this Partial Agreement.

This means that:

1. the liaison section system, which enables officials of the Government departments concerned to keep close contact with one another and provides an efficient means of developing European co-operation at the technical level, will be maintained;

2. the background documentation will continue to be prepared by national delegations;

3. all documentation will remain confidential until its wider distribution has been agreed. This will maintain the existing atmosphere of free and frank discussion;

4. certain meetings will be held away from the headquarters of the Council of Europe in order to enable participants to study on the spot questions within their competence and to enable officials of the host country to become more conversant with European problems.

III. Any activity covered by the Partial Agreement can, as required, be extended to other member States of the Council of Europe.

IV. Committees and sub-committees set up under the Partial Agreement will report on their activities to the Committee of Ministers of the Council of Europe, which, at meetings limited to representatives of member States parties to the Partial Agreement, will decide what action to take on these reports. The latter will be forwarded, for information, to the competent expert committees of the Council of Europe.

A chapter on the activities in question will be incorporated in the report which the Committee of Ministers is required to submit to the Consultative Assembly.

V. Additional expenditure incurred by the Council of Europe in respect of any activity coming within the purview of the aforesaid Partial Agreement shall be borne solely by the member countries participating in such activity.

VI. The Secretary-General of the Council of Europe, in agreement with the Secretary-General of Western European Union, shall take all necessary executive action to implement this Resolution, in particular as regards the timing of transfer of each particular activity, and make all arrangements for the preservation of archives.

PROCEDURE FOR ACCESSION BY STATES TO THE PARTIAL AGREEMENT*
(CM/Del/Concl. (61) 94, point XXIX)
(*this procedure was superseded by the the entry into force, on l January 1997, of Resolutiuons (96) 34 and (96) 35)

1. If the Government of a member country of the Council of Europe not a party to the Partial Agreement in the social and cultural fields desires to take part in the study of one or more of the questions mentioned in the Annex, as amended on 16th September 1960, to Resolution (59) 23 of 16 November 1959, the Secretary-General shall so inform the Committee of Experts of the Partial Agreement responsible for that particular activity.

2. The member Government concerned will be admitted to membership of the Partial Agreement for the study of the question or questions in which it is interested, unless in the opinion of the responsible Committee of Experts such admission is liable to give rise to technical difficulties. In such a case, the opinion of the Committee of Experts will be brought by the Secretary-General to the notice of the member Government concerned, which will decide whether or not to persist in its intention.

3. Any member Government acceding to the Partial Agreement in respect of all or any of the activities to which that Agreement applies shall undertake to comply with the provisions of Resolution (59) 23 of the Committee of Ministers in respect of such activities and, in particular, to establish the necessary liaison sections in the competent Government departments.

4. The Secretary-General will inform the Committee of Ministers of any accession to the Partial Agreement.


F. COUNCIL OF EUROPE

RESOLUTION (61) 40
(adopted by the Committee of Ministers on 16th December 1961)

CULTURAL AND SCIENTIFIC CO-OPERATION - TRANSFER TO THE COUNCIL FOR CULTURAL CO-OPERATION OF THE CULTURAL ACTIVITIES LISTEDIN THE APPENDIX TO RESOLUTION (59) 23

The Committee of Ministers,

Having regard to its Resolution (59) 23 concerning the extension of the activities of the Council of Europe in the social and cultural fields, whereby certain cultural activities were to be continued on the basis of a Partial Agreement;

Having regard to paragraph III of the said Resolution, stating that any activity covered by the Partial Agreement may be extended to other members States of the Council of Europe;

Having regard to the new structures for cultural co-operation established in Resolution (61) 39, whereby those cultural activities exercised within the framework of the Partial Agreement are transferred to the Council for Cultural Co-operation with effect from 1st January 1962,

Resolves:

1. that, with effect from 1st January 1962, the application of Resolution (59) 23 shall be limited to social activities;

2. to instruct the Council for Cultural Co-operation to continue the exercise of the activities enumerated under heads III and IV of the Appendix to Resolution (59) 23;

3. to instruct the Secretary-General to report to the Committee of Ministers by the end of 1962 on the methods to be employed for transferring these activities to the Committees and working parties of the Council for Cultural Co-operation;

4. to instruct the Secretary-General to inform the Secretary-General of Western European Union of the measures taken to give effect to the present Resolution.

G. COUNCIL OF EUROPE

STATUTORY RESOLUTION (93) 28

ON PARTIAL AND ENLARGED AGREEMENTS

(Adopted by the Committee of Ministers on 14 May 1993
at its 92nd Session)

The Committee of Ministers,

Considering that the Statute of the Council of Europe gives the Organisation competence in a wide range of spheres, in which it pursues the aim of achieving a greater unity between its members;

Considering that Partial Agreements allowing members to abstain from participating in a course of action advocated by other members, as established in the statutory Resolution adopted by the Committee of Ministers at its 9th session on 2 August 1951, have proved fruitful;

Considering that in some cases the problems dealt with in the Council of Europe outstrip the geographical framework of the territory of its members and that the Organisation must be ready to examine any proposal emanating from non-member states for the joint carrying out of an intergovernmental activity;

Considering that provision ought therefore to be made for flexible and non-institutionalised arrangements whereby some or all members as well as non-members of the Council of Europe may pursue an intergovernmental activity together on an equal footing, within the framework of a Partial, Enlarged Partial or Enlarged Agreement;

Having regard to the Parliamentary Assembly's favourable opinion,

Resolves as follows:

I. Participation in activities

Activities or a series of activities which are not pursued as a joint effort by all member states of the Council of Europe or to which one wishes to associate non-member states of the Council of Europe may be carried out:

- by some member states of the Council of Europe as a Partial Agreement;

- by some member states of the Council of Europe together with one or more non-member states as an Enlarged Partial Agreement;

- by all member states of the Council of Europe together with one or more non-member states as Enlarged Agreement.

II. Decision on participation

The Committee of Ministers may, by the majority stipulated in Article 20.d of the Statue of the Council of Europe:

- authorise some member states to carry out an activity or a series of activities within the framework of the organisation, the activity or a series of activities being adopted only by the Representatives who vote in favour of it and being limited accordingly;

- In its composition restricted to Representatives of member states of a Partial Agreement, invite any non-member state to join the Partial Agreement or certain of its activities;

- Invite any non-member state to join the member states of the Council of Europe in carrying out an activity or a series of activities.

III. Budget

The Partial Agreement, Enlarged Partial Agreement or Enlarged Agreement (hereinafter "the Agreement") will be financed by a budget constituted by contributions from the member states and non-member states participating in it.

The scale according to which the contributions of non-member states are calculated shall be decided in agreement with the latter; as a general rule, that scale shall conform to the criteria for determining the scale of contributions to the general budget of the Council of Europe.

The budget shall be adopted annually by an organ composed of the Representatives on the Committee of Ministers of the member states participating in the activity and where appropriate of Representatives of the non-member states participating in the activity who shall thus be entitled to vote.

The Financial Regulations shall apply, mutatis mutandis, to the adoption and management of the budget of the Agreement.

IV. Functioning of the Agreement

The decision setting up the Agreement shall provide for its organs and lay down specific arrangements for the pursuit of its activities. Unless otherwise stipulated in the decision, the general rules in force in the Council of Europe concerning committee structures, terms of reference and working methods and, in particular, the Rules of procedure for the meetings of the Ministers' Deputies shall apply, mutatis mutandis, to the organs of the Agreement.

Secretarial services for the organs of the Agreement shall be provided by the Secretary General of the Council of Europe.

V. Additional members and observers

Unless otherwise provided in the decision setting up the Agreement,

- any member state of the Council of Europe may join at any moment any Agreement by making a declaration to this effect to the Secretary General;

- any non-member state of the Council of Europe may be invited to join an Enlarged or Enlarged Partial Agreement by decision of the Committee of Ministers, following consultation of the non-member states already participating;

- any non-member state and any international intergovernmental organisation may be invited by the Committee of Ministers, following consultation of the non-member states already participating, to take part as an observer in the activities of a Partial, Enlarged Partial or Enlarged Agreement. No budget contribution shall be required from observers.

VI. European Community

The European Community may be invited by the Committee of Ministers to participate in a Partial, Enlarged Partial or Enlarged Agreement. The modalities of its participation shall be determined in the decision inviting it to participate.

VII. Transitory provisions

This text replaces the Statutory Resolution on Partial Agreements adopted by the Committee of Ministers at its 9th Session on 2 August 1951.

Partial Agreements already established shall continue to function according to their own rules.

H. COUNCIL OF EUROPE

JOINT OPINION (1995)

BY THE COMMITTEE ON THE REHABILITATION AND INTEGRATION OF PEOPLE WITH DISABILITIES (PA) (CD-P-RR)

AND THE PUBLIC HEALTH COMMITTEE (PA) (CD-P-SP)
ON THE
POSSIBLE ENLARGEMENT OF THE CIRCLE OF STATES PARTIES TO THE

PARTIAL AGREEMENT IN THE SOCIAL AND PUBLIC HEALTH FIELD, LEADING TO THE SETTING UP OF A NEW PARTIAL AGREEMENT

The Committee on the Rehabilitation and Integration of People with disabilities (PA)
(CD-P-RR) and the Public Health Committee (PA) (CD-P-SP),

having been asked by the Committee of Ministers for an opinion, examined document
P-SG (94) 44 of 14 November 1994 - as set out in Appendix C to the report CD-P-SP (94) 51 of the CD-P-SP's 56th session - in the light of supplementary information given by the Secretariat in their circular letter of 7 March 1995, namely:

- a table showing the hypothetical scale of contributions which the sixteen States concerned
- Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal *, Spain, Sweden, Switzerland and United Kingdom - would be called upon to give to the budget of a new Partial Agreement in the Social and Public Health field for the 1995 financial year;

- the table of budgetary contributions of Council of Europe Member States to the ordinary budget for 1995;

- the table of budgetary contributions of the seven States Parties to the present Partial Agreement in the Social and Public Health field for the same financial year;

- the draft opinion to the Committee of Ministers on the setting up of this new Partial Agreement, as set out in document P-SG (95) 23, Appendix.

At the end of this examination, they adopted the following joint opinion:

"The CD-P-RR and the CD-P-SP are aware of the fact that the proposal as set out in document P-SG (94) 44 is based on several considerations stemming, inter alia, from the following:

- the favourable opinion to an enlargement as expressed by the CD-P-RR on 18 June 1993 (P-SG (94) 44, Appendix 1), in the light of the arguments developed in document P-SG (92) 21 of 18 December 1992;

- the need to preserve the results achieved under the Partial Agreement. These results are due, in particular, to flexible, simple and pragmatic working methods, as recalled in document P-SG (92) 21 as well as to a specific budgetary structure;

- Statutory Resolution (93) 28 on Partial and Enlarged Agreements, adopted by the Committee of Ministers on 14 May 1993 (P-SG (94) 44, Appendix 2);
- the political, legal, budgetary and administrative considerations which warrant, on the one hand, maintaining the unity of the Partial Agreement, while fully respecting the distinction between its activity sectors; on the other hand, transforming this entity into a Partial Agreement which would obliterate all discrimination between the seven "founder" States and the others - those which take part in all the activities or in some of them and those which might wish to accede in the future.

2. Bearing this in mind, the CD-P-RR and the CD-P-SP are in favour of the adoption, by the Committee of Ministers, of a Resolution setting up a Partial Agreement in the Social and Public Health field which would be composed of the following sixteen States : Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and United Kingdom.

Such a Resolution would grant the same status to each State as well as to any other State which may accede in the future; each of these States would be called upon to contribute to the budget of this new Partial Agreement on the basis of the traditional scale of contribution.

The member States of this Partial Agreement would be able to choose to participate

- either in ALL the activities of BOTH sectors, namely:PUBLIC HEALTH
and HANDICAP AND INTEGRATION;
- or in ALL the activities of ONE SINGLE sector;
- or in SOME activities of BOTH sectors or of ONE SINGLE SECTOR;

such a choice would however entail no reduction of their budgetary contribution, because the financial effect of such a choice would be minuscule.

Such a resolution would nonetheless safeguard the interests of the States who were granted observer status to the CD-P-RR (Hungary, Ireland, Poland, Slovenia, Canada).

Moreover, it could provide for future participation by non-member States of the Council of Europe, and this by virtue of Statutory Resolution (93) 28 on Partial and Enlarged Agreements.

Lastly, it would enshrine the working methods hitherto employed within the Partial Agreement and set out in Resolution (59) 23."



I. COUNCIL OF EUROPE

RESOLUTION (96) 34

AUTHORISING THE STATES CONCERNED TO REVISE
THE PARTIAL AGREEMENT IN
THE SOCIAL AND PUBLIC HEALTH FIELD

(Adopted by the Committee of Ministers on 2 October 1996
at the 574th meeting of the Ministers' Deputies)

The Committee of Ministers,

Recalling its Resolution (59)23 of 16 November 1959, concerning the extension of the activities of the Council of Europe in the social and cultural fields;

Recalling its Resolution (61)40 of 16 December 1961, concerning the transfer to the Council for Cultural Co-operation of the cultural activities referred to in Resolution (59)23;

Considering that Belgium, France, Germany, Italy, Luxembourg, the Netherlands and the United Kingdom hitherto have been members of this Partial Agreement, while Austria, Denmark, Finland, Ireland, Norway, Spain, Sweden and Switzerland have participated in all or some activities;
Having regard to its Statutory Resolution (93) 28 on Partial and Enlarged Agreements, adopted on 14 May 1993, at its 92nd Session;

Having regard to the joint Opinion of the Committee on the Rehabilitation and Integration of People with disabilities (Partial Agreement) (CD-P-RR) and of the Public Health Committee (Partial Agreement) (CD-P-SP),

Resolves:

1. to authorise Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, the Netherlands, Norway, Spain, Sweden, Switzerland and the United Kingdom to adopt a Resolution setting out revised rules for the Partial Agreement in the Social and Public Health Field replacing the rules contained in Resolution (59) 23 and including the possibility for other States to join the activities pursued within the framework of the Partial Agreement under conditions to be set out in the said Resolution;

2. to endorse, by virtue of Article IV of Statutory Resolution (93) 28, the specific character of the working methods of this revised Partial Agreement; in particular, that any other Council of Europe member State may accede to this Partial Agreement by virtue of the provisions laid down in Article V of Statutory Resolution (93)28 on Partial and Enlarged Agreements, after a favourable opinion expressed by the CD-P-RR and the CD-P-SP;

3. to invite the Secretary General to inform the Western European Union of this decision.



J. COUNCIL OF EUROPE

RESOLUTION (96) 35

REVISING THE PARTIAL AGREEMENT
IN THE SOCIAL AND PUBLIC HEALTH FIELD

(Adopted on 2 October 1996
at the 574th meeting of the Ministers' Deputies)

The Representatives, on the Committee of Ministers, of Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Spain, Sweden, Switzerland and the United Kingdom,

Recalling Resolution (59) 23 of 16 November 1959, concerning the extension of the activities of the Council of Europe in the social and cultural fields;

Recalling Resolution (61) 40 of 16 December 1961, concerning the transfer to the Council for Cultural Co-operation of the cultural activities referred to in Resolution (59) 23;

Having regard to Statutory Resolution (93) 28 on Partial and Enlarged Agreements, adopted on 14 May 1993, at its 92nd Session;

Having regard to the joint Opinion of the Committee on the Rehabilitation and Integration of People with disabilities (Partial Agreement) (CD-P-RR) and of the Public Health Committee (Partial Agreement) (CD-P-SP);

Having regard to Resolution (96) 34 of 2 October 1996, whereby the Committee of Ministers authorised the adoption of revised rules for the Partial Agreement,
Resolve:

1. to continue, on the basis of revised rules replacing those set out in Resolution (59) 23, the activities hitherto carried out and developed by virtue of that Resolution. These are in particular aimed at:

(a) raising the level of health protection of consumers in its widest acceptation: constant contribution to harmonise - in the field of products having a direct or indirect impact on the human food chain as well as in the field of pesticides, pharmaceuticals and cosmetics - legislation, regulations and practices governing, on the one hand, quality, efficiency and safety controls for products; on the other hand, the safe use of toxic or noxious products;

(b) integrating people with disabilities into the community: definition - and contribution to implement it at European level - of a model coherent policy for people with disabilities, which takes account, simultaneously, of the principles of full citizenship and independent living; contribution to eliminate barriers to integration, whatever their nature: psychological, educational, family-related, cultural, social, professional, financial or architectural.

2. To endorse, by virtue of Article IV of Statutory Resolution (93) 28, the specific character of the working methods of this revised Partial Agreement; in particular that any other Council of Europe member State may accede to this Partial Agreement by virtue of the provisions laid down in Article V of Statutory Resolution (93) 28 on Partial and Enlarged Agreements, after a favourable opinion expressed by the CD-P-RR and the CD-P-SP.

3. The observer status granted in the past to Hungary, Poland, Slovenia and Canada is hereby confirmed.

4. The Representatives, on the Committee of Ministers, of the member States of the Partial Agreement in the Social and Public Health field may decide at any time to transform this Partial Agreement into an Enlarged Partial Agreement, open to non-member States of the Council of Europe.

5. The Secretary General will inform the Committee of Ministers of any accession to the Partial Agreement.

6. Expenditure related to the implementation of the activities and common secretariat expenditure shall be covered by a Partial Agreement budget funded by the member States thereof.

The budget and the specific scale of contributions shall be adopted annually by the Representatives, on the Committee of Ministers, of the member States of this Partial Agreement.

The Financial Regulations of the Council of Europe shall apply, mutatis mutandis, to the adoption and management of the budget of this Partial Agreement.

7. In compliance with Article 2 of Resolution (96) 34, the specific working methods shall continue to be applied within the framework of this revised Partial Agreement; in particular:

(a) Resolution (76) 3 of the Committee of Ministers shall not apply to the drawing up of the work programme and the setting up of subordinate committees by the CD-P-RR and the CD-P-SP;
(b) consultations between the relevant national ministries and between them and the Secretariat shall be conducted via the "liaison sections" set up in each national ministry concerned;
(c) as a rule, recommendations (called "Resolutions") shall contain standard regulations, in order to facilitate the incorporation into national legislation and regulations of the provisions of international texts normally drawn up by those actually responsible for their implementation at national level;
(d) the meetings of the Partial Agreement bodies will continue to be held in Strasbourg as well as in the various member States;
(e) as a rule, technical documentation shall be prepared by national delegations.

8. The CD-P-RR and the CD-P-SP will send their meeting reports to the Representatives, on the Committee of Ministers, of the member States of the Partial Agreement; they will decide what action to take on these reports. The latter will be forwarded, for information, to the Representatives, on the Committee of Ministers, of the other Council of Europe member States.

A chapter on the Partial Agreement activities will continue to be incorporated in the report which the Committee of Ministers is required to submit to the Assembly.

9. This Resolution enters into force on 1 January 1997.

COUNCIL OF EUROPE

RESOLUTION (96) 36 *

ESTABLISHING THE CRITERIA FOR PARTIAL AND ENLARGED
AGREEMENTS OF THE COUNCIL OF EUROPE

(Adopted by the Committee of Ministers on 17 October 1996
at the 575th meeting of the Ministers' Deputies)

The Committee of Ministers,

Considering Statutory Resolution (93) 28 on Partial and Enlarged Agreements adopted by the Committee of Ministers on 14 May 1993 at its 92nd Session;

Having regard in particular to paragraph III of Statutory Resolution (93) 28 as well as to Resolution (94) 31 on the method of calculating the scales of member States' contributions to Council of Europe budgets;

Wishing to ensure that Partial and Enlarged Agreements created within the Council of Europe follow common criteria;

On the basis of the proposals presented by its Ad hoc Working Party on Partial Agreements;

Decides that, in the case of the setting up of a new Partial and Enlarged Agreement, and for existing Partial and Enlarged Agreements, the following criteria should be observed;

1. All future Agreements shall be founded on the political priorities as defined by the Committee of Ministers, and must in all events contribute to the achievement of the Organisation's priority aims.

2. No new Partial Agreement shall be established without a sufficient number of participating States, one third of the member States being fixed as the minimum number. If an existing Partial Agreement no longer meets this criterion, the Committee of Ministers will decide whether it should continue.

3. To participate regularly in the activities of a Partial Agreement, member States of the Council of Europe will have to be members of the said Agreement, unless the Partial Agreement member States decide otherwise.

4. The membership of a Partial Agreement should, in principle, reflect a certain geographical balance amongst the different regions covered by the Organisation, in order to avoid a drift away from the Organisation's core values and an associated lack of coherence, as well as the creation of unduly "restricted" Agreements.

5. Agreements shall seek the necessary synergy with other bodes and institutions, governmental and/or non governmental, in order notably to avoid duplication of work, and with regard to co-operation on financing activities to be undertaken within the framework of such Agreements.

6. New Agreements shall be created for an initial trial period of not more than three years, at the end of which a strict evaluation shall be undertaken by the Committee of Ministers with a view to deciding whether the Agreement should be either dissolved or allowed to continue subject to paragraph 2 above.

7. With a view to ensuring the exercise by the Committee of Ministers of the necessary political control, and without prejudice to paragraph 6 above, all Agreements shall submit an annual report of their activities and financing to the Committee of Ministers.

Note 
1 For text of Protocol see page 5
Note 
2 Amended by Article II of the Protocol
Note 
3 Amended by Article II of the Protocol

4
Note 
New Article inserted under Article III of the Protocol
Note 
5 Formerly Article IV
Note 
6 Formerly Article V
Note 
7 Formerly Article VI
Note 
8 Formerly Article VII, as amended by Article IV of the Protocol
Note 
9 New Article inserted under Article V of the Protocol
Note 
10 Formerly Article VIII
Note 
11 Formerly Article IX
Note 
Formerly Article X
Note 
* Portugal was not in a position, at the moment when Resolutions (96) 34 and 35 were adopted, to accede to the revised Partial Agreement
Note 
* Resolutions (96) 34 and 35, which were adopted by the Committee of Ministers on 2 October 1996, at the 574th meeting of the Ministers' Deputies, remain in force without change.