CDBI/INF (2003) 1 rev
Strasbourg, 14 November 2003
Information
document concerning the CDBI
(Steering Committee on Bioethics)
INTRODUCTION
Set up in 1949, the Council of Europe is an intergovernmental
organisation which fosters political, legal, and cultural
cooperation between its 45 member European pluralistic
democracies. It is quite distinct from the 15-nation European
Union.
The Council of Europe's aims, as specified by its Statute,
are to protect human rights and strengthen pluralist democracy,
to enhance European cultural identity and seek out solutions
to the major problems of our time. The work of the Council
of Europe may result in international conventions and
in recommendations for CE member States.
The Council of Europe operates through three main bodies,
the Committee of Ministers, the Parliamentary Assembly
and the Congress of Local and Regional Authorities of
Europe. A Secretariat General serves these bodies and
is headed by a Secretary General elected for a five-year
period. The current Secretary General is Mr Walter Schwimmer
(Austria).
The Committee of Ministers comprises the Ministers of
Foreign Affairs of the 45 member States. The Ministers'
Deputies are the governments' Permanent Representatives
to the Council of Europe. They have the same decision-making
powers as the Ministers and supervise the Council's activities.
They meet at least twice a month. The Deputies set out
the Council of Europe's programme of activities and adopt
its budget. They also decide what action should be taken
on proposals from the Parliamentary Assembly, the Congress
of Local Authorities of Europe and from conferences of
specialised ministers that the Council of Europe regularly
holds. The Committee of Ministers also serves as a permanent
forum to discuss European co-operation and common political
problems.
Set up under the direct authority of the Committee of
Ministers, the Ad hoc Committee of experts on Bioethics
(CAHBI) which became in 1992 the Steering Committee on
Bioethics (CDBI) has, since 1985, been responsible for
the intergovernmental activities of the Council of Europe
in the field of bioethics. The work of CAHBI, and then
of the CDBI, has led to the adoption of Recommendations
of the Committee of Ministers (see Appendix 1) and to
the preparation of the Convention on Human Rights and
Biomedicine, the first international treaty in this field
(adopted by the Committee of Ministers on 19 November
1996; entry into force on 1 December 1999) as well as
the additional Protocol on the Prohibition of Cloning
Human Beings (adopted by the Committee of Ministers on
6 November 1997; entry into force on 1 March 2001) and
the additional Protocol concerning Transplantation of
Organs and Tissues of Human Origin (adopted by the Committee
of Ministers on 8 November 2001).
I. TERMS OF REFERENCE
1. Name of committee: STEERING COMMITTEE ON BIOETHICS
(CDBI)
2. Type of committee: Steering committee
3. Source of terms of reference: Committee of Ministers
4. Terms of reference:
Having regard to the major lines of intergovernmental
action set out in the Declaration on the future role of
the Council of Europe and Resolution (89) 40, adopted
by the Committee of Ministers on 5 May 1989, and within
the framework of the annual Intergovernmental Programme
of Activities:
i. to study the set of problems posed for law, ethics
and human rights by progress in the biomedical sciences,
in particular in the light of Parliamentary Assembly Recommendations
934 (1982), 1046 (1986), and 1160 (1991); of the work
of the 1st European Ministerial Conference on Human Rights
(Vienna, 19-20 March 1985), and of informal meetings of
European Ministers of Justice (Edinburgh, 14 June 1985;
Ottawa, 17-19 June 1991);
ii. to work with a view to harmonising the policies of
member States as far as possible and, if necessary, framing
appropriate legal instruments; particularly to prepare
additional protocols to the Convention on human rights
and biomedicine (ETS N_ 164) on ethical and legal questions
related to:
1. organ transplantation
2. medical research
3. protection of the human embryo and foetus
4. human genetics
5. human cloning
iii. having regard to the Secretary General's co-ordinating
role, to co-operate with other steering committees and
ad hoc committees in the implementation of the Projects
involving several fields of activity.
5. Membership of the committee:
a. All member States may designate representatives to
the committee. The representatives are chosen from among
the following five specialist groups:
- biologists and other scientists;
- medical practitioners;
- lawyers;
- specialists on ethics;
- persons qualified in biomedical questions and able to
consider them from a human rights viewpoint.
The Council of Europe's budget bears travelling and subsistence
expenses for one representative per member State (two
in the case of the State whose expert has been elected
Chairman).
b. The presence of a member representing the CDDH and
a member representing the CDSP at meetings of the CDBI
has been authorised by the Committee of Ministers. The
Council of Europe's budget bears travelling and subsistence
expenses for one representative of the CDDH and one for
the CDSP.
c. The Parliamentary Assembly can also be represented
in meetings of the CDBI.
d. The European Commission may participate in meetings
of the CDBI.
e. The following may attend the meetings of the Committee,
without the right to vote or the defrayal of expenses:
Australia
Canada
Holy See
Israel (3)
Japan
Mexico
United States of America
UNESCO (United Nations Educational, Scientific and Cultural
Organization)
OECD (Organization for Economic Co-operation and development)
WHO (World Health Organization)
International Commission on Civil Status
European Science Foundation
KEK (Church and Society Commission of the Conference of
European Churches) (1)
6. Working structures and methods:
The CDBI Bureau comprises 9 members (2).
7. Duration:
Renewal by tacit agreement (see Res.(76)3 para 11).
________________________________________________
Adopted: see CM/Del/Concl(92)472/17, Appendix 12
Revised: (1) see CM/Del/Dec(97)602, item 10.5 and Appendix
30
(2) see CM/Del/Dec(98)620, item 10.1, concl. 3
(3) see CM/Del/Dec (2000)727, item 10.1
II. MEMBERSHIP
The governments of the 45 member States1 may appoint experts. Such members
are entitled to vote (1 vote per delegation) on matters
arising within the CDBI. Furthermore the Parliamentary
Assembly of the Council of Europe and the Commission of
the European Communities may appoint representatives.
In addition to the member States, the following countries
may send observers: Australia, Canada, Holy See, Israel,
Japan, Mexico, United States of America.
The following international organisations may also send
observers: UNESCO (United Nations Educational, Scientific
and Cultural Organization), OECD (Organization for Economic
Co-operation and Development), WHO (World Health Organization),
the International Commission on Civil Status, the European
Science Foundation, KEK (Church and Society
Commission of the Conference of European Churches).
The travelling and subsistence expenses of the experts
are reimbursed according to the Council of Europe regulations.
Each expert is requested to arrange to travel by the cheapest
route and, if possible, make use of reduced transport
fares (pex, apex, etc.). Experts are reimbursed upon presentation
of documentary evidence of the sum actually paid (invoice,
copy of credit card slip, etc...). This evidence of the
expenditure must be attached to the claim form for reimbursement
together with the relevant travel tickets (plane, train,
etc...).
III. BUREAU
In accordance with the provisions of Articles 17 and
18 of the Rules of Procedure for Council of Europe Committees
(Resolution (76) 3 on committee structures, terms of reference
and working methods) the CDBI elected:
- Ms Dubravka Simonovic (Croatia), Chair (elected in June
2003)
- Prof. Dr. Elmar Doppelfeld (Germany), Vice-Chair (elected
in June 2003)
- Mrs Rena Petridou (Cyprus), member of the Bureau (re-elected
in December 2002)
- Prof. Boris Yudin (Russian Federation), member of the
Bureau (re-elected in December 2002)
- Ms Angela O'Flynn (Ireland), member of the Bureau (re-elected
in June 2003)
- Dr Terhi Hermanson (Finland), member of the Bureau (elected
in November 2001)
- Dr Givi Javashvili (Georgia), member of the Bureau (elected
in December 2002)
- Mrs Isabelle Erny (France), member of the Bureau (elected
in December 2002)
- Dr Javier Judez Gutierrez (Spain), member of the Bureau
(elected in June 2003)
IV. SECRETARIAT
The Secretariat prepares necessary documentation prior
to meetings of the CDBI and its Working Parties, and prepares
the meeting reports afterwards. Other duties include assisting
in the drafting of documents during the meetings and in
the periods between meetings. Utilising its presence at
the Council of Europe in Strasbourg, the Secretariat coordinates
the flow of information between the CDBI and its Working
Parties and other relevant steering committees, working
parties, and entities operating at the Council of Europe
such as the Committee on Science and Technology, the Social,
Health, and Family Affairs Committee, and the Committee
on Legal Affairs and Human Rights in the Parliamentary
Assembly. Information about other legal instruments currently
in force or in the drafting process are provided by the
Secretariat. During the meeting, the Secretary General
or his/her representative may at any time make an oral
or written statement on any subject under discussion (Committee
of Ministers Resolution (76) 3, Article 20 b.). Initiation
of consensus and compromise within the meetings is one
of the main functions of the Secretariat.
V. PARLIAMENTARY ASSEMBLY
The Parliamentary Assembly is the deliberative body of
the Council of Europe and is composed of 313 representatives
(and the same number of substitutes) appointed by the
45 member States' national parliaments. The Parliamentary
Assembly has been represented in the CDBI since 1990 and
was asked to give its opinion and propose amendments to
drafts of the Convention on Human Rights and Biomedicine.
The Recommendations of the Parliamentary Assembly on issues
relevant to bioethics over the past 20 years were also
taken into account during the drafting of the Convention.
The Parliamentary Assembly has asked that each draft Protocol
to the Convention be sent to it for an opinion as soon
as they are finalised (three Protocols have already been
transmitted to it: the Protocol on the Prohibition of
Cloning Human Beings, the Protocol concerning Transplantation
of Organs and Tissues of Human Origin and the draft Protocol
on Biomedical Research).
VI. MEETINGS
The CDBI usually meets twice a year at the headquarters
of the Council of Europe in Strasbourg (France). The working
languages are English and French. All CDBI documents are
in English and French and during the meeting simultaneous
interpretation is provided (English-French and vice-versa).
Resolution (76) 3 of the Committee of Ministers (adopted
by the Committee of Ministers on 18 February 1976 at the
254th meeting of the Ministers' Deputies) "On Committee
Structures, Terms of Reference and Working Methods" sets
out the working methods utilised by the CDBI and its Working
Parties. While the practice is to try and reach consensus
among the experts of the CDBI, Article 14 of the Rules
of procedure for Council of Europe Committees (Appendix
II of the Resolution) sets out the framework for voting
in committees (such as CDBI). It states that each member
of the committee shall have one vote and that where a
government designates more than one member, only one of
them is entitled to take part in the voting. Subject to
any contrary provisions in these Rules (Resolution (76) 3),
decisions of the steering committees are taken by a two-thirds
majority of the votes cast. Procedural matters shall be
settled by a majority of the votes cast. Where the question
arises as to whether or not a matter is procedural in
nature, it may not be so regarded unless the committee
decides to that effect by a majority of two thirds of
the votes cast. For the purposes of these Rules "votes
cast" shall mean the votes of members cast for or against.
Members abstaining shall be regarded as not having cast
a vote.
VII. WORKING PARTIES
The CDBI is responsible for the following Working Parties:
- Working Party on organ transplantation (CDBI-CO-GT1)
responsible for the preparation of a draft Protocol to
the Convention on organ transplantation. The finalised
draft Protocol was adopted by the CDBI during its 18th
meeting in June 2000; consequently the Working Party no
longer meets. The Protocol was opened to signature on
24 January 2002.
- Working Party on biomedical research (CDBI-CO-GT2)
responsible for the preparation of a draft Protocol to
the Convention on biomedical research.
It is composed as follows: Dr Rosemary Boothman (Ireland),
Chair; Dr E. Michael Stormann (Austria); Prof
Povl Riis (Denmark); Dr Jean-Marc Laurent-Vo (France);
Prof Elmar Doppelfeld (Germany); Dr Joze Trontelj
(Slovenia); Prof Zoreslava Shkiryak-Nyzhnyk (Ukraine);
Dr David Evered (United Kingdom); Mrs Laurence Cordier
(Commission of the European Communities); Mrs Panagiota
Dalla-Vorgia (Greece) was a member until her untimely
death in February 2002. The finalised draft Protocol was
adopted by the CDBI during its 24th meeting in June 2003;
consequently, the Working Party no longer meets.
- Working Party on research on stored human biological
materials (CDBI-CO-GT2biomat) responsible for the
preparation of a draft Instrument on this subject.
It is composed as follows: Prof Elmar Doppelfeld (Germany),
Chair; Mr Ants Nomper (Estonia); Mrs Marie Jeanne
Mayaux (France); Prof Ismini Kriari-Catranis (Greece);
Prof Henriette Roscam Abbing (Netherlands); Mr Pavel Tischenko
(Russian Federation); Dr Imogen Evans (United Kingdom).
- Working Party on the protection of the human embryo
and foetus (CDBI-CO-GT3) responsible for the activities
concerning the protection of the human embryo and foetus.
It is composed as follows: Prof Daniel Serr o (Portugal),
Chair; Mrs Sylviane Friart (Belgium); Mrs Sylvia
Tomova (Bulgaria); Mr Jean Michaud (France); Prof Ljubov
Kurilo (Russian Federation); Dr Miguel Pardo Gonz lez
(Spain); Dr Anne McLaren (United Kingdom); Mrs Line
Matthiessen (Commission of the European Communities).
The Working Party elaborated a report on the protection
of the human embryo in vitro, which was made public
in June 2003.
- Working Party on human genetics (CDBI-CO-GT4)
responsible for the preparation of a draft Protocol to
the Convention on human genetics.
It is composed as follows:
Core Group:
Mr Andr Albert (France); Prof Ludger Honnefelder (Germany);
Chair: Dr Ruth Reusser (Switzerland)
Experts for applications of genetics for health purposes:
Prof Adriano Bompiani (Italy); Prof Jan Helge Solbakk
(Norway); Prof Tadeus Mazurczak (Poland), Prof Vladimir
Ivanov (Russian Federation)
Experts for applications of genetics in the field
of employment:
Dr Karel Van Damme (Belgium), Dr Helena K ri inen (Finland),
Prof Alexander McCall Smith (United Kingdom), a representative
of the Parliamentary Assembly of the Council of Europe;
a representative of the European Commission.
Following a decision of the Committee of Ministers2, the CDBI is responsible for the
co-ordination of the activities of the Council of Europe
aiming at the elaboration of norms or orientations on
the ethical, legal and social problems relating to genetics.
In order to ensure this cooperation, the Working Party
associated experts of the CDBI with other experts from
the CDSP (European Health Committee), Prof Henriette Roscam
Abbing (Netherlands); and from the CJ-PD (Project Group
on data protection), Mr Matthias Horschik (Switzerland).
A Working document presenting a draft first part of the
draft Protocol concerning applications for health purposes
was made public for comments in February 2003. Work will
start on the applications of genetics in the field of
employment.
Additional expertise will be required for specific work
on application of genetics in the field of insurance.
The composition of the Working Party will be modified
accordingly.
- Working Party on xenotransplantation (CDBI/CDSP-XENO):
under the joint authority of CDBI and European Health
Committee (CDSP), responsible for the preparation of guidelines
in this field and for making recommendations on public
information. The finalised Recommendation on xenotransplantation
was approved by the CDBI during its 22nd meeting
in June 2002; consequently the Working Party no longer
meets.
Recommendation Rec (2003)10 on xenotransplantation was
adopted by the Committee of Ministers on 19 June 2003.
- Working Party on psychiatry and human rights (CDBI-PH),
which is responsible for the preparation of guidelines
in this field.
The Working Party is composed as follows: Prof David
Kingdon (United Kingdom), Chair, named by the CDBI;
Mr Frank Sch rmann (Switzerland), Vice-Chair, named
by the CDCJ (European Committee on Legal Co-operation);
Prof Jouko K. L nnqvist (Finland), named by the CDSP (European
Health Committee); Dr Pierre Lamothe (France), named by
the CDBI; Prof. Dr Peter Riedesser (Germany), named by
the CDBI; Prof E. Roucounas (Greece), named by the CDDH
(Steering Committee for Human Rights); Dr Michael Mulcahy
(Ireland), named by the CDBI; Mrs Mariavaleria Del
Tufo (Italy) named by the CDPC (European Committee on
Crime Problems).
- Working Party on biotechnology (CDBI-Biotech): This
Working Party was set up in 2000 following the European
Conference on ethical and legal questions raised by the
developments in biotechnology and their consequences for
human beings, animals and the environment. This Working
Party was responsible for the preparation of a proposed
framework for the future development of draft ethical
and legal principles in the field of biotechnology.
These Working Parties are responsible for preparing texts
which are then referred to the CDBI for discussion and
decision. Except on procedural matters, the Working Parties
and the other committees shall not take decisions by voting.
They shall state their conclusions in the form of unanimous
recommendations, or, if this proves impossible, they shall
make a majority recommendation and indicate the dissenting
opinions.
VIII. WORK OF THE CDBI
The CDBI has prepared the Convention for the Protection
of Human Rights and Dignity of the Human Being with regard
to the Application of Biology and Medicine (Convention
on Human Rights and Biomedicine) setting out general principles
and rules for the protection of the human being in the
context of the development of biology and medicine. The
Convention was adopted by the Committee of Ministers on
19 November 1996 and opened for signature on 4 April 1997.
The publication of the Explanatory Report to the Convention
was authorised by the Committee of Ministers on 17 December
1996. The Convention (ETS No.164) and the Explanatory
Report (ref. no. DIR/JUR (97) 5) are available from the
Council of Europe Directorate General of Legal Affairs,
Bioethics Department.
The CDBI has elaborated a first additional Protocol on
the prohibition of cloning human beings. This Protocol
was adopted during the 101st session of the
Committee of Ministers, and was opened to signature on
12 January 1998 in Paris.
The second draft Protocol drawn up by the CDBI concerns
the transplantation of organs and tissues of human origin.
This Protocol was adopted during the 109th
session of the Committee of Ministers, and was opened
to signature on 24 January 2002 in Strasbourg.
Protocols on other specific subjects will supplement
the Convention. A draft Protocol on Human Genetics is
currently being prepared.
The draft additional Protocol on Biomedical Research
was approved by the CDBI on 20 June 2003 and forwarded
to the Committee of Ministers in September 2003 with a
view to its adoption and opening for signature.
A Working Party under the authority of the CDBI prepared
a Recommendation on harmonisation of autopsy rules. This
Recommendation was adopted by the Committee of Ministers
on 2 February 1999. The CDBI also prepared, with the assistance
of a Working Party, a Recommendation on xenotransplantation
which was adopted by the Committee of Ministers on 19
June 2003.
APPENDIX I
List of Resolutions & Recommendations of the Committee
of Ministers in the field of bioethics
1978 Resolution (78) 29 on the harmonisation of legislation
of member States relating to removal, grafting and transplantation
of human substances
1979 Recommendation R (79) 5 concerning international
exchange and transportation of human substances
1981 Recommendation
R (81) 1 on regulations for automated medical data
banks
1983 Recommendation R (83) 2 on protection of persons
suffering from mental disorders placed as involuntary
patients
1984 Recommendation R (84) 16 concerning notification
of work involving recombinant deoxyribonucleic acid (DNA)
1989 Recommendation
R (89)2 on the protection of personal data used for
employment purposes
1990 Recommendation R (90) 3 on medical research on human
beings
1990 Recommendation R (90) 13 on prenatal genetic screening,
prenatal genetic diagnosis and associated genetic counselling
1992 Recommendation R (92) 1 on the use of analysis of
deoxyribonucleic acid (DNA) used within the framework
of the criminal justice system
1992 Recommendation R (92) 3 on genetic testing and screening
for health care purposes
1993 Recommendation R (93) 4 concerning clinical trials
involving the use of components and fractionated products
derived from human blood or plasma
1994 Recommendation R (94) 1 on human tissue banks
1994 Recommendation R (94) 11 on screening as a tool
of preventive medicine
1997 Recommendation R (97) 5 on the protection of medical
data
1997 Recommendation R (97) 15 on xenotransplantation
1998 Recommendation
R (98) 7 concerning the ethical and organisational
aspects of health care in prison
1999 Recommendation
R (99) 3 on the harmonisation of medico-legal autopsy
rules
1999 Recommendation
R (99) 4 on principles concerning the legal protection
of incapable adults
2001 Recommendation Rec (2001) 5 on the management of
organ transplant waiting lists and waiting times
2002 Recommendation Rec (2002) 9
on the protection of personal data collected and processed
for insurance purposes
2003 Recommendation Rec (2003) 10 on xenotransplantation
2003 Recommendation Rec (2003) 12 on organ donor registers
For other bioethical texts of the Council of Europe,
including those by the Parliamentary Assembly, please
refer to document CDBI/INF (2003) 9, or see the following
page of the website of the Bioethics Department:
http://www.coe.int/T/E/Legal_Affairs/Legal_co-operation/Bioethics/Texts_and_documents
APPENDIX II
COUNCIL OF EUROPE
COMMITTEE OF MINISTERS
RESOLUTION (76) 3
ON COMMITTEE STRUCTURES, TERMS OF REFERENCE
AND WORKING METHODS
(adopted by the Committee of Ministers on
18 February 1976
at the 254th meeting of the Ministers' Deputies)
The Committee of Ministers,
Having regard to Resolution (74) 4 on the future role
of the Council of Europe;
Having regard to the report of the working party of the
Ministers' Deputies set up to study and implement paragraph
I.k concerning committee structures, terms of reference
and working methods (Doc. CM (75) 156);
Having regard to the report of the working party and
of the Secretariat (Doc. CM (75) 309);
In pursuance of Articles 16 and 17 of the Statute,
Resolves as follows:
I. Scope of this resolution
Scope
1. This resolution shall apply to all committees which
- whatever their denomination - are composed of persons
designated by the governments of member states and set
up by the Committee of Ministers, or with its authorization,
by virtue of Article 17 of the Council of Europe Statute.
The committees set up under the partial agreements under
the authority of the Committee of Ministers with its membership
restricted to the representatives of member states taking
part in the activities covered in the partial agreement
in question shall be governed mutatis mutandis
by this provision. Sections II to IV below shall not apply
to the Conference of Local and Regional Authorities of
Europe nor to its subsidiary bodies.
2. Section V of this resolution shall also apply to functions
discharged by the Secretary General providing, with the
Committee of Ministers' authorization, secretarial services
for committees not governed by Article 17 of the Statute,
subject to the rules in force for such committees and
to such instructions and directives as they, with the
Committee of Ministers' explicit agreement, may give the
Secretariat in pursuance of such rules3.
3. This resolution shall apply to committees set up under
a special statute, having regard to their specific character1.
II. Committee structures
Types of committees
4. There shall be the following types of committees:
a. steering committee denotes any committee which
is answerable directly to the Committee of Ministers and
responsible for a substantial portion of the medium-term
plan, and to which the governments of all the member states
are entitled to designate persons, preferably from among
national officials of the highest possible rank;
b. ad hoc committee of experts denotes any committee
(other than a steering committee) answerable directly
to the Committee of Ministers;
c. committee of experts denotes any committee
answerable to a steering committee, whose members all
member states are entitled to designate;
d. select committee of experts denotes any committee
answerable to a steering committee, whose members only
a limited number of member states are entitled to designate;
e. working party denotes any committee composed
of a limited number of members of an existing committee
designated by that committee.
Observers
5. Any steering committee may, by a unanimous decision,
admit or admit to any committee answerable to it, observers
from non-member states of the Council of Europe, or from
intergovernmental or non-governmental international organisations,
provided that:
i. Any request for admission as an observer shall be
forwarded without delay by the Secretariat General both
to the Permanent Representatives of member states and
to the members of the steering committee concerned.
ii. Any government so notified may inform the Secretary
General within four weeks of its intention to refer the
matter to the Committee of Ministers for decision. This
decision shall be taken by a two-thirds majority of all
the Representatives entitled to sit on the Committee.
III. Terms of reference
Definition of terms of reference
6. By "terms of reference" shall be understood all directives
relating reference to a committee's activities.
Types of terms of reference
7. There shall be the following types of terms of reference:
a. general;
b. specific, viz. :
- sectoral,
- based on the annual programme of activities,
- derived from a convention;
c. ad hoc.
Sources of terms of 8. Terms of reference shall
be laid down by the Committee of Ministers,
Reference except in the case of:
a. specific terms of reference given to committees
of experts and select committees of experts by the steering
committee responsible, in accordance with their general
terms of reference;
b. terms of reference derived from a convention;
c. ad hoc terms of reference laid down in accordance
with paragraph 20.
General terms of reference
9. The general terms of reference set out in Appendix
1 to this resolution of reference contain the general
directives applicable to all committees.
Specific terms of reference
10. Each committee shall have its own terms of reference,
which shall reference specify the tasks it is set
up to perform. These specific terms of reference thus
constitute the instrument setting up the committee.
11. The duration of specific terms of reference shall
not exceed the period covered by the medium-term plan.
In the case of steering committees they shall be tacitly
extended unless otherwise decided.
12. Specific terms of reference may comprise :
a. sectoral terms of reference;
b. one or more sets of terms of reference based
on the annual programme of activities;
c. one or more sets of terms of reference derived
from a convention;
d. particulars of the qualifications persons invited
to become members of the committee should preferably possess;
e. rules governing the repayment of committee members'
travelling and subsistence expenses by the Council of
Europe.
Sectoral terms of reference
13. In the case of steering committees, specific terms
of reference must reference necessarily include
sectoral terms of reference describing the section of
the medium-term plan for which the committee is responsible
and hence the definition of its sphere of competence when
carrying out its general terms of reference. If need be,
these terms of reference shall indicate any other steering
committee(s) engaged in related work.
Terms of reference based on the annual
programm of activities
14. For every activity entered in the annual programme
of activities, corresponding terms of reference must be
mentioned in the programme.
15. In the case of multidisciplinary activities, i.e.
those involving more than one committee, the programme
shall specify the steering committee mainly responsible.
16. A completion date shall be indicated for each activity.
Terms of reference derived from a convention
17. Terms of reference derived from a convention shall
be reproduced in the specific terms of reference given
to the committee concerned.
Ad hoc terms of reference
18. The Committee of Ministers may at any time lay down
ad hoc terms of reference for any committee.
19. When the Committee of Ministers issues ad hoc terms
of reference to a committee of experts or select committee
of experts not directly answerable to it, the intermediate
committees shall be informed accordingly.
20. Steering committees may, within the limits of their
own competence, lay down ad hoc terms of reference for
a committee of experts or select committee of experts
answerable to them.
21. Ad hoc terms of reference shall include a completion
date.
IV. Working methods
Rules of procedure
22. Committee procedure shall be governed by the Rules
of Procedure set out in Appendix 2 to this resolution.
V. Role of the Secretariat
General services
23. The Secretary General shall provide committees with
the necessary staff, including committee secretaries,
as well as with the administrative and other services
they may require.
Documentation service
24. The Secretary General shall be responsible for preparing
and distributing documents to be discussed by committees.
25. The Secretary General shall in good time inform every
committee of the content of its general, specific and
any ad hoc terms of reference. He shall also ensure that
these texts are available to the committee at all times.
26. a. The Secretariat shall reproduce the reports
adopted at committee meetings and circulate them, if possible,
within one week.
b. Where a committee is authorised to dispense
with a meeting report, the Secretariat shall produce on
its own authority a memorandum drawn up in a form as similar
as possible to the model meeting report and shall circulate
it within the same time-limit.
Drafting of terms of reference
27. When compiling the draft annual programme of activities,
the Secretariat shall ensure that terms of reference are
included for each activity.
28. The Secretariat shall assist all committees in drafting
terms of reference.
Compendium of terms of reference
29. The Secretariat shall compile and keep up to date
for restricted circulation a loose-leaf "Compendium of
Terms of Reference" containing:
- this Resolution (76)3 and any subsequent amendments
to it,
- the general terms of reference,
- the specific terms of reference,
- the ad hoc terms of reference,
- the terms of reference derived from conventions, or
special statutes given to committees set up under them,
- the terms of reference of committees of senior officials,
- the decision concerning the admission of observers,
case by case,
- Resolution (59)23 of the Committee of Ministers of
16 November 1959 concerning the extension of the activities
of the Council of Europe in the social and cultural fields
and the decision taken by the Council of WEU on 21 October
19594,
- any other decision of the Committee of Ministers or
the Secretary General relating to terms of reference.
Convening of committees
30. The Secretary General shall convene committee meetings
in accordance with, in particular, the following rules:
i. Committees shall be convened in accordance with the
authorization given by the Committee of Ministers and
with the general practices of good management;
ii. Where, in the case of a committee answerable directly
to the Committee of Ministers, the Secretary General is
of the opinion that a meeting authorised by the latter
should not be convened, he shall so inform the Permanent
Representatives, explaining his reasons. Where an objection
is made by at least two Permanent Representatives within
two weeks, the decision shall lie with the Committee of
Ministers.
31. All committees shall be convened by the same procedure.
Notice of meetings shall be sent to the addresses specified
by the member states' Permanent Representatives. It shall
specify the name of the committee, the place, date and
opening time of the meeting, its probable duration and
the subjects to be dealt with. It shall contain an invitation
to nominate experts and, in the cases concerned, the indication
of the qualifications they should preferably possess.
Except on grounds of urgency, which shall be duly explained,
notice of meetings shall be circulated at least six weeks
before the proposed date.
32. The Secretariat shall circulate to the experts nominated,
at least one month before the opening of the meeting,
the draft agenda, a provisional list of working papers
and the working papers themselves. Any Permanent Representative
may ask for copies of the above documents.
33. The Secretary General shall ensure that meetings
are so planned that they can be serviced as efficiently
and economically as possible.
34. Committees shall be convened at the headquarters
of the Council of Europe5.
35. Exceptionally, the Secretary General may, if there
is no objection from the government of the state on whose
territory it is intended to hold the meeting and if suitable
technical facilities are available on the spot, convene
a committee elsewhere in the case of:
i. very short meetings in places with better rail or
air communications than Strasbourg;
ii. meetings where a visit to a specialised establishment
in a place other than Strasbourg is essential to the efficiency
of the committee's work.
36. For any other departure from the rule in paragraph
34 above, the Secretary General must obtain the prior
consent of the Committee of Ministers.
Co-ordination
37. The Secretary General shall ensure that each committee
is informed about any activities of other committees which
may have implications for the execution of its own terms
of reference.
IV. Entry into force of this resolution
Entry into force
38. Sections I and V and Appendix 1 (General terms of
reference) shall come into force upon adoption of this
resolution.
39. Structures (Section II) and terms of reference other
than general terms of reference will be drawn up during
1976 and will replace existing structures and terms of
reference not later than 31 December 1976.
40. a. The Rules of Procedure in Appendix 2 shall
come into force upon adoption of this resolution, and
shall apply to all the committees set up in accordance
with this resolution. Existing committees may continue
to apply their old rules of procedure in 1976 but these
will lapse on 31 December 1976.
b. Clauses of specific rules of procedure which
conflict with the Rules of Procedure set out in Appendix
2 shall remain applicable to steering committees taking
over the functions of committees which had specific rules
of procedure, until 30 June 1977 at the latest.
41. All earlier resolutions and decisions of the Committee
of Ministers which concern either committee structures,
terms of reference and working methods of committees or
instructions given to the Secretariat about its role in
relation to committees shall be replaced by this resolution
progressively as it becomes applicable, wherever they
conflict with it.
APPENDIX 1
to Resolution (76) 3
General terms of reference
Part one
1. To execute, in compliance with the Rules of Procedure:
- the committee's specific terms of reference,
- any ad hoc terms of reference given to the committee.
2.6. To ensure that every activity in
the annual programme of activities results in :
- the preparation of a draft convention or agreement
and/or
- the preparation of a draft resolution containing recommendations
to member governments within the meaning of Article
15.b of the Statute
and/or
- an exchange of views
and always
- the preparation of a final activity report.
3. To set up under the committee, where needed, working
parties comprising a limited number of the committee's
members, giving them - within the scope of its own terms
of reference - precise ad hoc terms of reference of specified
duration7.
4. To appoint - in the case of all steering committees
and as appropriate in the case of ad hoc committees of
experts and committees of experts - a bureau whose functions
are :
- to assist the Chairman in conducting the committee's
business,
- to supervise the preparation of meetings at the committee's
request, and
- to ensure continuity between meetings as necessary.
5. To supervise the activities of bodies subordinate
to it.
6. To adopt, at the end of each meeting or in exceptional
cases as soon as possible thereafter, a meeting report
to be addressed to the senior body. Committees other
than steering committees may be authorised to dispense
with this by the senior body on which they depend,8 in which case the latter indicates
the period for which such authorization is given.
The meeting report shall contain:
i. a brief foreword (not more than two paragraphs) stating
the main subjects dealt with in the report;
ii. a table of contents;
iii. a list of items submitted to the senior body for
decision;
iv. a brief summary of the committee's proceedings, clearly
indicating any decisions taken and specifying, if need
be, majority and minority opinions;
v. appendices comprising :
- a list of participants,
- the agenda of the meeting,
- where appropriate, a preliminary draft agenda for the
next meeting,
- the texts submitted for adoption,
- any other relevant texts.
7. To adopt, within the time specified in the terms of
reference based on the annual programme of activities
or in the ad hoc terms of reference:
- either a final activity report, containing,
in particular :
i. a table of contents;
ii. an allusion to the terms of reference based on the
annual programme of activities or to the ad hoc terms
of reference;
iii. an annotated list of the items submitted to the
senior body for decision;
iv. where appropriate, proposals as to the expediency
of publishing the report or part thereof;
v. the body of the report ;
vi. the majority and minority opinions should the report,
or a part thereof, not reflect the unanimous opinion of
the committee;
vii. appendices comprising :
- list of participants,
- any texts submitted for adoption,
- any other relevant text ;
-or, if the terms of reference have not been executed
in full within the prescribed time, an interim report
indicating the state of progress, the reason for the delay
and specific proposals regarding the continuation or cessation
of the work.
Part two (steering committees only)
8. To convey to the Secretary General its views on future
preliminary draft medium-term plans and on proposals for
the biennial review of such plans9.
9. To indicate to the Secretary General, for proposal
to the Committee of Ministers, activities for inclusion
in the annual programme of activities, in the light of
the objectives and sub-objectives of the medium-terms
plan.
10. a. To set up, as required, for the purpose
of preparing and executing particular items in their terms
of reference, committees of experts and select committees
of experts and lay down their specific terms of reference;
b. To modify, where necessary, the specific terms
of reference of such committees within the limits defined
by the terms of reference of the steering committee;
c. To decide to instruct the Secretary General, by means
of directives, to arrange for the preparation and execution
of particular items in their terms of reference, having
recourse where appropriate to the services of one or more
consultants;
d. Decisions under point a above must be approved
by the Committee of Ministers before they can become operative.
11. To devote a part of its meetings to exchanges of
views and information on developments, in the field for
which it is competent under its sectoral terms of reference,
in legislation, policy and administrative practice in
each of the member states and on parallel activities in
other international organisations.
12. Where a steering committee's specific terms of reference
indicate other steering committees engaged in related
activities, besides fulfilling the functions specified
in paragraph 4 above, the bureau of such a steering committee
shall be required to maintain contact with the bureaux
of the other steering committees referred to, in order
:
- to avoid overlapping and misunderstandings,
- to secure greater cohesion in the Council of Europe's
intergovernmental activities, and
- to ensure, in particular, that multidisciplinary activities
are carried out as rationally and efficiently as possible.
In the event of difficulties or disagreements, the bureaux
shall refer these to the Secretary General. If he cannot
resolve them rapidly he shall submit the matter to the
Committee of Ministers for decision, informing the members
of the steering committees concerned.
APPENDIX 2
to Resolution (76)3
Rules of Procedure for Council of Europe
committees
Article 1 - Convocation
Committee meetings shall be convened by the Secretary
General in accordance with the instructions of the Committee
of Ministers.
Article 2 - Postponement of meetings
When a meeting of a committee has been convened in accordance
with the provisions of Article 1, any request for postponement
shall be made at least fifteen days before the date fixed
for the opening of the meeting; a decision in favour of
postponing the meeting shall be regarded as taken if a
majority of the members inform the Secretary General of
their agreement at least seven days before the date originally
fixed.
Article 3 - Agenda
a. The Secretary General shall draw up the draft agenda
for a meeting. If the Chairman of the committee has already
been appointed, he shall be consulted in advance.
b. The agenda shall be adopted by the committee at the
beginning of its meeting.
Article 4 - Documentation
a. Documents for the meeting shall be sent to members
by the Secretary General in accordance with the instructions
of the Committee of Ministers.
b. Documents requiring a decision, whether originating
from the Secretariat or from a member, shall be sent to
members at least one month before the opening of the meeting
at which the decision is to be taken. In exceptional cases,
however, the committee may, if no member objects, consider
a document submitted later.
Article 5 - Secrecy of meetings
Committee meetings shall be held in private.
Article 6 - Communications to the press
By unanimous and express agreement of the committee,
the Chairman, or the Secretary General on his behalf,
may make suitable communications to the press on the work
of the committee.
Article 7 - Quorum
There shall be a quorum if two thirds of the members
of the committee are present.
Article 8 - Official languages
a. The official languages of the committee shall be those
of the Council of Europe.
b. A committee member may speak in a language other than
the official languages, in which case he must himself
provide for interpretation into one of the official languages.
c. Any document drafted in a language other than the
official languages shall be translated into one of the
official languages, the member from whom it originates
being responsible for making the necessary arrangements.
Article 9 - Observers
a. An observer shall have no right to vote.
b. With the Chairman's permission, an observer may make
oral or written statements on the subjects under discussion.
c. Proposals made by observers may be put to the vote
if sponsored by a committee member.
Article 10 - Proposals
Any proposal must be submitted in writing if a committee
member so requests. In that case it shall not be discussed
until it has been circulated.
Article 11 - Order of voting on proposals or amendments
a. Where a number of proposals relate to the same subject,
they shall be put to the vote in the order in which they
were submitted. In case of doubt, the Chairman shall decide.
b. Where a proposal is the subject of an amendment, the
amendment shall be put to the vote first. Where two or
more amendments to the same proposal are presented, the
committee shall vote first on whichever departs furthest
in substance from the original proposal. It shall then
vote on the next furthest removed from the original proposal,
and so on until all the amendments have been put to the
vote. However, where the acceptance of one amendment necessarily
entails rejection of another, the latter shall not be
put to the vote. The final vote shall then be taken on
the proposal as amended or not amended. In case of doubt
as to the order of priority, the Chairman shall decide.
c. Parts of a proposal or amendment may be put to the
vote separately.
d. In the case of proposals with financial implications,
the most costly shall be put to the vote first.
Article 12 - Order of procedural motions
Procedural motions shall take precedence over all other
proposals or motions except points of order. They shall
be put to the vote in the following order :
a. suspension of the sitting;
b. adjournment of discussion on the item in hand;
c. postponement of a decision on the substance of a proposal
until a specified date.
Article 13 - Reconsideration of a question
When a decision has been taken it is only re-examined
if a member of the committee so requests, and if this
request receives a two-thirds of the votes cast.
Article 14 - Voting
a. Each member of the committee shall have one vote ;
however, where a government designates more than one member,
only one of them is entitled to take part in the voting.
b. Subject to any contrary provisions in these Rules,
decisions of the steering committees are taken by a two-thirds
majority of the votes cast.
c. Except on procedural matters, other committees shall
not take decisions by voting. They shall state their conclusions
in the form of unanimous recommendations, or, if this
proves impossible, they shall make a majority recommendation
and indicate the dissenting opinions.
d. Procedural matters shall be settled by a majority
of the votes cast.
e. Where the question arises as to whether or not a matter
is procedural in nature, it may not be so regarded unless
the committee decides to that effect by a majority of
two thirds of the votes cast.
f. For the purposes of these Rules "votes cast" shall
mean the votes of members cast for or against. Members
abstaining shall be regarded as not having cast a vote.
Article 15 - Reports
Every committee shall establish the reports specified
in its terms of reference.
Article 16 - Minutes
Any committee may, if it considers this necessary, have
minutes kept. After meetings, the Secretariat shall submit
a draft to the committee members. On expiry of a period
specified for the submission of corrections, the Secretariat
shall prepare and circulate the final version.
Article 17 - Chair
a. Every committee shall elect a Chairman and Vice-Chairman.
However, the Chairman of a committee answerable to a steering
committee may be appointed by the latter.
b. The Chairman shall conduct proceedings and sum up
the conclusions whenever he thinks necessary. He may call
to order a speaker who departs from the subject under
discussion or from the committee's terms of reference.
He shall retain the right to speak and to vote in his
capacity as a member of the committee.
c. The Vice-Chairman shall replace the Chairman if the
latter is absent or otherwise unable to take the Chair.
If the Vice-Chairman is absent, the Chairman shall be
replaced by another member of the bureau, appointed by
the latter, or where there is no bureau by a member of
the committee appointed by the committee.
d. Election of the Chairman and Vice-Chairman shall require
a two-thirds majority at the first ballot and a simple
majority at the second ballot. In steering committees,
the election shall be held by secret ballot, in other
committees by a show of hands, unless a member of the
committee requests a secret ballot.
e. Wherever practicable, the Chairman shall be appointed
at the end of the meeting preceding expiry of the outgoing
Chairman's term of office. Otherwise, he shall be appointed
at the beginning of the meeting, in which case the Secretary
General or his representative shall take the Chair temporarily.
f. The term of office of the Chairman and Vice-Chairman
shall be one year. It may renewed once.
Article 18 - Bureau
a. Every steering committee shall appoint a bureau consisting
of the Chairman, the Vice-Chairman and from one to three
members of the committee. Any other committee may, if
need be, appoint a bureau composed, normally, of three
members.
b. Other members of the bureau shall be appointed in
the same manner as the Chairman and Vice-Chairman. They
shall be appointed immediately after the Chairman and
Vice-Chairman in accordance with an equitable geographical
distribution.
c. The term of office of such members shall be two years
and may be renewed only once. However, a member may, on
expiry of his second term, be appointed Chairman. In order
to ensure partial replacement of the bureau each year,
the first term of one such member shall be limited to
one year.
d. A member elected to replace another whose term of
office has not expired shall complete his predecessor's
term. The same shall apply to the offices of Chairman
and Vice-Chairman.
Article 19 - Rapporteur and drafting committee
The committee may appoint a rapporteur, a drafting committee
or both.
Article 20 - Secretariat
a. The Secretary General shall provide the committee
with the necessary staff, including the committee secretary,
as well as with the administrative and other services
it may require.
b. The Secretary General or his representative may at
any time make an oral or written statement on any subject
under discussion.
c. The committee may direct the Secretary General to
prepare a report on any question relevant to the committee's
work.
d. The Secretariat shall be responsible for preparing
and circulating all documents to be examined by the committee.
Article 21 - Revision
Any committee answerable directly to the Committee of
Ministers may propose to that Committee either that these
Rules be amended, or that certain provisions be added
or others waived as far as it or a committee dependent
on it is concerned.
APPENDIX III
TERMS OF REFERENCE OF THE WORKING PARTY
ON RESEARCH ON STORED HUMAN BIOLOGICAL MATERIALS
(CDBI-CO-GT2)
1. Name of committee: Working Party on Research on Stored
Human Biological Materials
(CDBI-CO-GT2)
2. Type of committee: Working Party
3. Source of terms of reference: Steering Committee on
Bioethics (CDBI)
4. Terms of reference10
a. to examine [ethical and legal] questions related to
medical research, in particular research utilising biological
materials and personal data; to make proposals (and, where
appropriate, alternative proposals) to the CDBI on any
question related thereto;
b. to prepare for the CDBI's consideration a draft instrument,
relating to medical research utilising biological materials
and personal data;
c. to examine and, where appropriate, amend the draft
Explanatory Report to be prepared by the Secretariat.
5. Membership:
a. 7 members, to be appointed by the CDBI or its Bureau
The Council of Europe's budget bears travelling and subsistence
expenses for the 7 members.
b. The European Commission may participate in meetings
of the Working Party as an observer.
6. Working structures and methods:
In order to discharge its functions, the Working Party
or its Chair may seek the advice of experts. The experts
may, at the request of the Working Party or its Chair,
take part in the works of the Working Party.
7. Completion date: December 2004
APPENDIX IV
TERMS OF REFERENCE OF THE WORKING PARTY
ON THE PROTECTION OF THE HUMAN EMBRYO AND FOETUS
(CDBI-CO-GT3)
1. Name of committee: Working Party on the Protection
of the Human Embryo and Foetus
(CDBI-CO-GT3)
2. Type of committee: Working Party
3. Source of terms of reference: Steering Committee on
Bioethics (CDBI)
4. Terms of reference11
a. to examine [ethical and legal] questions related to
the protection of the human embryo and foetus; to elaborate
a report on these questions, in particular those related
to the protection of the embryo in vitro; to make proposals
(and, where appropriate, alternative proposals) to the
CDBI on any question related thereto;
b. to prepare for the CDBI's consideration a draft protocol,
additional to the Convention on human rights and biomedicine,
relating to the protection of the human embryo and foetus;
c to examine and, where appropriate, amend the draft
Explanatory Report to be prepared by the Secretariat.
5. Membership:
a. The Council of Europe's budget bears travelling and
subsistence expenses for 8 members, appointed by the CDBI.
b. The European Commission may participate in meetings
of the Working Party as an observer.
6. Working structures and methods:
In order to discharge its functions, the Working Party
or its Chair may seek the advice of experts. The experts
may, at the request of the Working Party or its Chair,
take part in the works of the Working Party.
7. Completion date: December 2003
APPENDIX V
TERMS OF REFERENCE OF THE WORKING PARTY
ON HUMAN GENETICS
(CDBI-CO-GT4)
1. Name of committee: Working Party on Human Genetics
(CDBI-CO-GT4)
2. Type of committee: Working Party
3. Source of terms of reference: Steering Committee on
Bioethics (CDBI)
4. Terms of reference:12
a. to examine [ethical and legal] questions related to
human genetics; to make proposals (and, where appropriate,
alternative proposals) to the CDBI on any question related
thereto;
b. to prepare for the CDBI's consideration a draft protocol,
additional to the Convention on human rights and biomedicine,
relating to human genetics;
c. to examine and, where appropriate, amend the draft
Explanatory Report to be prepared by the Secretariat.
5. Membership:
a. The Council of Europe's budget bears travelling and
subsistence expenses for 8 members, to be appointed by
the Bureau of the CDBI:
- 4 permanent members (CDBI members),
- 4 members to be appointed in accordance with subjects
to be dealt with.
b. The European Commission may participate in meetings
of the Working Party as an observer.
6. Working structures and methods:
In order to discharge its functions, the Working Party
or its Chair may seek the advice of experts. The experts
may, at the request of the Working Party or its Chair,
take part in the works of the Working Party.
7. Completion date: December 2003
APPENDIX VI
TERMS OF REFERENCE OF THE WORKING PARTY
ON PSYCHIATRY AND HUMAN RIGHTS (CDBI-PH)
1. Name of committee: Working Party on Psychiatry and
Human Rights (CDBI-PH)13
2. Type of committee: Working Party 14
3. Source of terms of reference: Steering Committee on
Bioethics (CDBI) 15
4. Terms of reference:
Under the authority of the Steering Committee on Bioethics
(CDBI) and in the light of Committee of Ministers Recommendation
N_ R (83)2 on legal protection of persons suffering from
disorder placed as involuntary patients and of Parliamentary
Assembly Recommendation 1235 (1994) on psychiatry and
human rights, to draw up guidelines to be included in
a new legal instrument of the Council of Europe. These
guidelines should aim to ensure protection of the human
rights and dignity of persons suffering from mental disorder,
especially those placed as involuntary patients, including
their right to appropriate treatment.
5. Membership:
a. The committee shall be composed of eight specialists
designated by the Bureau of the Steering Committee on
Bioethics, in consultation with the Chairs of the European
Health Committee, the European Committee on Legal Co-operation
and the European Committee on Crime Problems. The Council
of Europe's budget bears travelling and subsistence expenses
for the 8 members.
b. Some intergovernmental or non-governmental organisations
may send observers at their own expense and without the
right to vote.
6. Working structures and methods:
The CDBI-PH may co-operate (namely through holding joint
meetings) with other relevant committees of the Council
of Europe in matters of common interest, namely the CDSP,
CDCJ, CDPC and CDDH.
In order to discharge its functions, the CDBI-PH or its
Chair may seek the advice of external experts. The experts
may, at the request of the CDBI-PH or its Chair, take
part in the work of the CDBI-PH. It also may have recourse
to consultant studies.
In carrying out its terms of reference, the CDBI-PH may
organise hearings and written consultations and prepare
questionnaires to be sent to member States, non member
States and NGOs.
7. Completion date: 31 December 2003
|
Anti- und nichtpsychiatrische Artikel, Vorträge,
Interviews & Videos