*****

EXCHANGE OF LETTERS

between the Council of Europe and the European Community concerning the consolidation and intensification of cooperation

(87/476/EEC)

A. Letter from the Council of Europe

Strasbourg, 16 June 1987

Sir,

In its Resolution (85) 5 on cooperation between the Council of Europe and the European Community, adopted on 25 April 1985 at its 76th Session, the Committee of Ministers stated that it was convinced that European solidarity would be strengthened by the consolidation and intensification of cooperation between the Council of Europe and the European Community, which were the essential institutions of European construction; it expressed its determination to promote closer cooperation between the two institutions with the aim of achieving progress in cooperation within the largest possible European framework while fully respecting the differences in their nature and procedures.

In this spirit, the Committee of Ministers instructed me to initiate contacts with the competent bodies of the European Community for the purpose of elaborating with them concrete proposals designed to strengthen cooperation between our two institutions.

The Committee of Ministers has been informed of the results of those contacts through the report I submitted on this matter, and has agreed, without prejudging the internal division of powers between the Community and its Member States, that in future:

(a) The European Community, represented by the Commission, will be invited to participate in the work of mutual interest of committees established by the Committee of Ministers composed of persons appointed by the governments of the Member States, including committees of this type established within the framework of Partial Agreements.

In cases where the Community has participated in the elaboration of a draft European Convention or Agreement, the Community, represented by the Commission, will be invited to arrange to be represented at meetings of the Ministers' Deputies at which such a draft is discussed.

(b) As regards any new draft European Convention or Agreement, consideration will be given to the appropriateness of inserting a clause allowing for the European Community to become a Contracting Party to the Convention or Agreement; it is understood that the insertion of such a clause would in no way prejudge the decision which the competent bodies of the Community might finally take with regard to the conclusion of the Convention or Agreement by the Community. (c) The European Community, represented by the Commission, will be invited to participate in the work of mutual interest of Conferences of Specialized Ministers with which the Council of Europe has established a special working relationship, without prejudice to the decisions which might be taken by the competent authorities of those conferences.

In addition, having regard to the results of our contacts, and in the desire to act in a pragmatic manner without creating new bureaucratic structures, the Committee of Ministers has given its approval to the following measures which, without prejudice to the subsequent conclusion of a general agreement with the European Community, and which, taking into account what is set out above, might be accepted by both parties in place of those set out in the arrangements entered into on 18 August 1959 by exchanges of letters between the Secretary General of the Council of Europe and the Presidents of the Commissions of the European Economic Community and of the European Atomic Energy Community.

A. As regards relations between the Committee of Ministers and the Commission of the European Communities:

1. The Commission will forward to the Committee of Ministers the annual general report specified in Article 18 of the Treaty establishing a Single Council and a Single Commission of the European Communities. On its part the Commission will be sent the Committee of Ministers' statutory reports and the reports which the Secretary General of the Council of Europe submits to the Committee of Ministers on the progress of European cooperation.

2. The Committee of Ministers may invite the Commission to participate in its discussions on the progress of European cooperation, as well as on any other question of mutual interest.

3. The Commission may be invited to arrange to be represented and participate at meetings of the Ministers' Deputies dealing with questions of mutual interest.

4. The Committee of Ministers may address to the Commission any comments it may have to make on the reports submitted by the Commission or on any other question of mutual interest.

5. The Secretary General of the Commission will participate, as a general rule once a year, in an exchange of views with the Ministers' Deputies in order to take stock of the state of cooperation between the Council of Europe and the Community.

B. As regards relations between the Secretary General of the Council of Europe and the Commission of the European Communities:

1. The Secretary General and the Commission will consult each other whenever necessary on questions of mutual interest. This consultation should as far as possible aim at coordination and concertation, joint activities and the widest possible application of the content of instruments and other documents adopted by either side.

2. High-level meetings between officials of the Council of Europe Secretariat and of the Commission will be arranged as required to examine questions of mutual interest in specific fields, to obtain information on each other's programmes, to take stock of the state of cooperation and, possibly, to identify projects which might suitably be carried out in common, together with a timetable and a financial plan for their implementation. Such meetings will be organized periodically in particular in the fields of legal affairs, social and health matters, education and culture, and heritage and environment, without prejudice to the possibility of convening similar meetings in other fields of mutual interest.

3. The Commission will, if appropriate, invite representatives of the Council of Europe Secretariat to participate as observers in the work of its committees of experts and advisory groups for the consideration of points of mutual interest. 4. The Secretary General of the Council of Europe and the Commission will take suitable measures to ensure close liaison and cooperation between officials of the two institutions working in fields of mutual interest. For this purpose a senior official shall be appointed by each side to follow the progress of cooperation between the two institutions and act as a point of contact in this respect.

I should be grateful if you would let me know whether the foregoing arrangements are acceptable to the Commission.

Please accept, Sir, the assurance of my highest consideration.

Marcelino OREJA

Secretary General of the

Council of Europe

B. Letter from the Commission of the European Communities

Brussels, 16 June 1987

Sir,

I have the honour to acknowledge receipt of your letter of today's date concerning cooperation between the Council of Europe and the European Community.

I should like you to know that the Commission of the European Communities shares the conviction of the Committee of Ministers that European solidarity will be strengthened by the consolidation and intensification of cooperation between the Council of Europe and the European Community, which are the essential institutions of European construction; it has expressed its determination to promote closer cooperation between the two institutions with the aim of achieving progress in cooperation within the largest possible European framework, while fully respecting the differences in their nature and procedures.

The Commission warmly welcomes the provisions that the Committee of Ministers has agreed to adopt in accordance with the report you submitted, in order to facilitate participation by the Community in the work of the Council of Europe, and notes its contents.

In addition, having regard to the results of our contacts, and in the desire to act in a pragmatic manner without creating new bureaucratic structures, I am pleased to inform you, on behalf of the Commission of the European Communities, that I approve the measures described in your letter and set out below, which without prejudice to the subsequent conclusion of a general agreement with the European Community, will take the place of those set out in the arrangements entered into on 18 August 1959 by exchanges of letters between the Secretary General of the Council of Europe and the Presidents of the Commissions of the European Economic Community and of the European Atomic Energy Community.

A. As regards relations between the Committee of Ministers and the Commission of the European Communities:

1. The Commission will forward to the Committee of Ministers the annual general report specified in Article 18 of the Treaty establishing a Single Council and a Single Commission of the European Communities. The Commission will be sent the Committee of Ministers' statutory reports and the reports which the Secretary General of the Council of Europe submits to the Committee of Ministers on the progress of European cooperation.

2. The Committee of Ministers may invite the Commission to participate in its discussions on the progress of European cooperation, as well as on any other question of mutual interest.

3. The Commission may be invited to arrange to be represented and participate at meetings of the Ministers' Deputies dealing with questions of mutual interest.

4. The Committee of Ministers may address to the Commission any comments it may have to make on the reports submitted by the Commission or on any other question of mutual interest.

5. The Secretary General of the Commission will participate, as a general rule once a year, in an exchange of views with the Ministers' Deputies in order to take stock of the state of cooperation between the Council of Europe and the Community.

B. As regards relations between the Secretary General of the Council of Europe and the Commission of the European Communities:

1. The Secretary General and the Commission will consult each other whenever necessary on questions of mutual interest. This consultation should as far as possible aim at coordination and the concerting of efforts, joint activities and the widest possible application of the content of instruments and other documents adopted by either side.

2. High-level meetings between officials of the Council of Europe Secretariat and of the Commission will be arranged as required to examine questions of mutual interest in specific fields, to obtain information on each other's programmes, to take stock of the state of cooperation, and, possibly, to identify projects which might suitably be carried out in common, together with a timetable and a financial plan for their implementation. Such meetings will be organized periodically in particular in the fields of legal affairs, social and health matters, education and culture, and heritage and environment, without prejudice to the possibility of convening similar meetings in other fields of mutual interest.

3. The Commission will, if appropriate, invite representatives of the Council of Europe Secretariat to participate as observers in the work of its committees of experts and advisory groups for the consideration of points of mutual interest.

4. The Secretary General of the Council of Europe and the Commission will take suitable measures to ensure close liaison and cooperation between officials of the two institutions working in fields of mutual interest. For this purpose a senior official will be appointed by each side to follow the progress of cooperation between the two institutions and ensure liaison in this respect.

Please accept, Sir, the assurance of my highest consideration.

Jacques DELORS

President of the Commission

of the European Communities