Strasbourg, 9 August 2002
Information
document concerning the CDBI
STEERING COMMITTEE ON BIOETHICS (CDBI)
INTRODUCTION
Set up in 1949, the Council of Europe is an intergovernmental
organisation which fosters political, legal, and cultural
cooperation between its 44 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 44 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 the Appendix) and to the preparation of the Convention
on Human Rights and Biomedicine (the first international
treaty in this field, which was adopted by the Committee
of Ministers on 19 November 1996 and was enter into force
the first December 1999) as well as the Protocol on the
prohibition of Cloning Human Beings (adopted by the Committee
of Ministers on 6 November 1997) and the additional Protocol
to the Convention on Human Rights and Biomedicine 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;
- medical practitioners and other scientists;
- 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
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 (the European Ecumenical Commission for Church and Society)
(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 44 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 (the European Ecumenical Commission
for Church and Society).
The Federal Republic of Yugoslavia has special guest status
in the Council of Europe: but, for the time being, it is
not represented in the CDBI.
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 Ruth Reusser (Switzerland), Chair (re-elected in June
2002)
- Ms Dubravka Simonovic (Croatia), Vice-Chair (elected in
June 2001)
- Mr Bart Wijnberg (Netherlands), member of the Bureau (re-elected
in December 2000)
- Mr Joze Trontelj, (Slovenia), member of the Bureau (re-elected
in December 2000)
- Mrs Rena Petridou (Cyprus), member of the Bureau (elected
in December 2000)
- Mr Boris Yudin (Russian Federation), member of the Bureau
(elected in December 2000)
- Ms Angela O'Flynn (Ireland), member of the Bureau (elected
in June 2001)
- Mr Elmar Doppelfeld (Germany), member of the Bureau (elected
in June 2001)
- Mrs Terhi Hermanson (Finland), member of the Bureau (elected
in November 2001)
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 306 representatives
(and the same number of substitutes) appointed by the 44
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
(two Protocols have also been transmitted to it: the Protocol
on the Prohibition of Cloning Human Beings and the one on
Transplantation of Organs and Tissues of Human Origin).
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 Jean-Marc Laurent-Vo (France); Prof.
Elmar Doppelfeld (Germany); Dr David Evered (United Kingdom);
Prof. Povl Riis (Denmark); Prof. Zoreslava Shkiryak-Nyzhnyk
(Ukraine); Dr Erich Stormann (Austria); Dr Joze Trontelj
(Slovenia); Mrs Laurence Cordier (Commission of the European
Communities); Mrs Panagiota Dalla-Vorgia (Greece) was a
member until her untimely death in February 2002.
- Working Party on the protection of the human embryo
and foetus (CDBI-CO-GT3) responsible for the preparation
of a draft Protocol to the Convention on the protection
of the human embryo and foetus.
It is composed as follows: Prof. Daniel Serrão (Portugal),
Chair; Mrs Sylvia Tomova (Bulgaria); Mrs Sylviane
Friart (Belgium); Mr Jean Michaud (France); Mrs Grete Gjertsen
(Norway); Mrs Ellen de Hilster (Netherlands); Prof. Ljubov
Kurilo (Russian Federation); Dr Anne McLaren (United
Kingdom); Dr Miguel Pardo González (Spain); Mrs Line
Matthiessen (Commission of the European Communities).
- 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: Dr Stefan Winter (Germany),
Chair; Mr André Albert (France); Prof. Adriano
Bompiani (Italy); Prof. Jan Helge Solbakk (Norway); Prof.
Tadeus Mazurczak (Poland); Dr Elaine Gadd (United Kingdom);
Prof. Vladimir Ivanov (Russian Federation); a representative
of the Parliamentary Assembly of the Council of Europe;
Mrs Laurence Cordier (Commission of the European Communities).
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 will associate experts of the CDBI with
other experts from the CDSP (European Health Committee),
Mrs Henriette Roscam Abbing (Netherlands); and from the
CJ-PD (Project Group on data protection), Mr Matthias HORSCHIK
(Switzerland).
- Working Party on Xenotransplantation (CDBI/CDSP-XENO):
responsible for the preparation of guidelines in this
field and for making recommendations on public information.
This Working Party is under the joint responsibility of
the CDBI and CDSP (European Health Committee).
It is composed as follows: Mr Bart Wijnberg (Netherlands),
Chair; Prof Pekka Häyry (Finland), Prof Didier
Houssin (France); Prof Karin Ulrichs (Germany); Prof Marialuisa
Lavitrano (Italy); Dr Dag Sorensen (Norway); Prof Alexander
Tonevitsky (Russia); Dr Rafael Mañez (Spain); Prof
Annika Tibell (Sweden); Dr Theodor Weber (Switzerland);
Dr David Cook and Dr Maggy Jennings (United Kingdom); a
representative of the Parliamentary Assembly of the Council
of Europe; Mrs Line Matthiessen (Commission of the European
Communities); Dr Larry Whitehouse (Canada); Prof Eda Bloom
(USA); Dr Claus Hammer (International Xenotransplantation
Association); Dr Elettra Ronchi (OECD); Dr François-Xavier
Meslin (WHO); Dr JE Pearson (International Office of Epizooties
(OIE)).
- Working Party on psychiatry and human rights (CDBI-PH),
which was under the direct authority of the Committee
of Ministers, is now under the authority of the CDBI. It
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
Schürmann (Switzerland), Vice-Chair, named by
the CDCJ (European Committee on Legal Co-operation); Prof.
Jouko K. Lönnqvist (Finland), named by the CDSP (European
Health Committee); Prof. Dr. Peter Riedesser (Germany),
named by the CDBI; Dr. Pierre Lamothe (France), 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 Council 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 Division.
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. Three Protocols are currently
being prepared on biomedical research; the protection of
the human embryo and foetus; and human genetics.
A Working Party under the authority of the
CDBI adopted a Recommendation on harmonisation of autopsy
rules. This Recommendation was adopted by the Committee
of Ministers on 2 February 1999.
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 (79) 5 concerning international
exchange and transportation of human substances
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)
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
2001 Recommendation Rec (2001) 5 on the management
of organ transplant waiting lists and waiting times
For other bioethical texts of the Council
of Europe, including resolutions by the Parliamentary Assembly,
please refer to document CDBI/INF (2002) 2, or see the following
page of the website of the Bioethics Division:
http://www.coe.int/T/E/Legal_Affairs/Legal_co-operation/Bioethics/Texts_and_documents/2Committee_of_Ministers.asp#TopOfPage
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 6. By "terms
of reference" shall be understood all directives relating
reference to a committee's activities.
Types of terms of 7. There shall be
the following types of terms of reference :
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 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 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 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 14. For every activity
entered in the annual programme of activities,
based on the annual corresponding terms of reference
must be mentioned in the
programme of programme.
activities
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 17. Terms of reference
derived from a convention shall be reproduced in derived
from the specific terms of reference given to the committee
concerned.
a convention
Ad hoc terms of 18. The Committee of
Ministers may at any time lay down ad hoc terms reference
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 27. When compiling
the draft annual programme of activities, the reference
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 29. The Secretariat shall
compile and keep up to date for restricted circula-terms
of reference tion 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 30. The Secretary General
shall convene committee meetings in committees 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 hall 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 ORGAN TRANSPLANTATION (CDBI-CO-GT1)
1. Members - Dr Örn BJARNASON
(Iceland), Chair
- Dr Radkin HONZÁK (Czech Republic)
- Mrs Isabelle ERNY (France)
- Mr Lars-Christoph NICKEL (Germany)
- Mrs Blanca MIRANDA (Spain)
- Mr Ergun ÖZSUNAY (Turkey)
- Dr Peter DOYLE (United Kingdom)
Other Members - Dr Christiane BARDOUX
(European Commission)
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.
2. Terms of reference10
a. to examine [ethical and legal] questions
related to organ transplantation; 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 organ transplantation;
c. to examine and, where appropriate, amend
the draft Explanatory Report to be prepared by the Secretariat.
3. Completion date December 2000
APPENDIX IV
TERMS OF REFERENCE OF THE WORKING PARTY
ON MEDICAL RESEARCH
(CDBI-CO-GT2)
1. Members - Dr Rosemary BOOTHMAN (Ireland),
Chair
- Dr Jean-Marc LAURENT-VO (France)
- Mr Michael STORMANN (Austria)
- Prof Povl RIIS (Denmark)
- Dr Elmar DOPPELFELD (Germany)
- Dr Joze TRONTELJ (Slovenia)
- Prof Zoreslava SHKIRYAK-NYZHNYK (Ukraine)
- Dr David EVERED (United Kingdom)
- Mrs Panagiota DALLA-VORGIA (Greece) has
been a member until her untimely death in February 2002
Other Members - Mrs Laurence CORDIER
(European Commission)
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.
2. Terms of reference11
a. to examine [ethical and legal] questions
related to medical research; 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 medical research;
c. to examine and, where appropriate, amend
the draft Explanatory Report to be prepared by the Secretariat.
3. Completion date December 2002
APPENDIX V
TERMS OF REFERENCE OF THE WORKING PARTY
ON THE PROTECTION OF THE HUMAN EMBRYO AND FOETUS (CDBI-CO-GT3)
1. Members - Prof. Daniel SERRÃO
(Portugal), President
- Mrs Sylviane FRIART (Belgium)
- Mrs Sylvia TOMOVA (Bulgaria)
- Mr Jean MICHAUD (France)
- Mrs Ellen de HILSTER (Netherlands)
- Mrs Grete GJERTSEN (Norway)
- Prof Ljubov KURILO (Russian Federation)
- Dr Miguel PARDO GONZALEZ (Spain)
- Dr Anne McLAREN (United Kingdom)
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.
2. Terms of reference12
a. to examine [ethical and legal] questions
related to the protection of the human embryo and foetus;
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.
3. Completion date December 2002
APPENDIX VI
TERMS OF REFERENCE OF THE WORKING PARTY
ON HUMAN GENETICS (CDBI-CO-GT4)
1. Members - Dr Stefan WINTER (Germany),
President
- Mr André ALBERT (France)
- Prof Adriano BOMPIANI (Italy)
- Prof Jan Helge SOLBAKK (Norway)
- Prof Tadeus MAZURCZAC (Poland)
- Prof Vladimir IVANOV (Russian Federation)
- Dr Elaine GADD (United Kingdom)
- to be appointed in accordance with subjects
to be dealt with
Other Members - Mrs Laurence CORDIER
(European Commission)
- a representative of the Parliamentary Assembly
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.
2. Terms of reference13
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.
3. Completion date December 2002
APPENDIX VII
TERMS OF REFERENCE OF THE WORKING PARTY
ON XENOTRANSPLANTATION (CDBI/CDSP-XENO)
1. Name of Committee: Working Party
on Xenotransplantation (CDBI/CDSP-XENO)
2. Type of Committee: Working Party
3. Source of terms of reference: European
Health Committee (CDSP) and Steering Committee on Bioethics
(CDBI)
4. Terms of reference:
Under the responsibility of the Steering Committee
on Bioethics (CDBI) and the European Health Committee (CDSP),
taking into account Parliamentary Assembly Recommendation
1399 (1999) on xenotransplantation, the Working Party is
instructed:
a. - to monitor developments in the field
of xenotransplantation in member States and in other States,
in particular in co-operation with other international organisations,
currently addressing the issue (including the WHO, OECD
and EU),
- to collect and make available information
concerning regulations and research, clinical trials and
current practice in this field,
- to make, at appropriate intervals, a report
on the state of the art, for the attention of the Council
of Europe member States.
To this end, the Group may, through experts
from the CDBI and the CDSP, ask authorities of each member
State to regularly provide any relevant information on xenotransplantation,
in particular concerning experimental and clinical projects
and evolution of (draft) regulations;
b. - to consider, in the light of the work
undertaken under (a), and taking into account the various
interests involved, (in particular the fundamental rights
of the patients, the public health goals, the priorities
in health care, the animal protection and the interests
of industry), the implications of xenotransplantation for
the member States of the Council of Europe, concerning:
(i) respect of ethical and legal principles;
(ii) protection of safety and quality regarding
xenotransplantation, not only at short term, but also at
long term (intergenerational aspects), including environmental
aspects, in particular:
- medical aspects: safety and quality of organs
and tissue from animals, breeding of animals and using conditions
of organs and tissue of animal origin, antibody-based immune
responses, physiological behaviour and risks of transmission
of viruses or infections, consequences from a physiological
point of view, long term follow-up and review of recipients,
- questions relating to international movement
of organs and tissues of animal origin;
(iii) efficiency and cost-effectiveness, taking
into account alternative solutions;
(iv) protection of animals;
c. - to make recommendations on informing
the public and media about xenotransplantation including
organising a European Conference if appropriate;
d. - on the basis of the above-mentioned items,
to prepare draft guidelines on xenotransplantation, taking
into account the activities carried out by other bodies,
in particular international, and the necessity of world-wide
co-operation.
5. Membership:
a. The Working Group shall be composed after
mutual consultation of 5 members designated by the CDBI
including at least 1 member of the CDBI; 5 members designated
by the CDSP including at least 1 member of the CDSP; 2 members
designated by the Multilateral Consultation of the Parties
to the European Convention for the protection of vertebrate
animals used for experimental and other scientific purposes,
in consultation with the Chairmen of the other relevant
Committees;
b. the Working Party will appoint its Chairman
and its Vice-Chairman;
c. desirable qualifications of persons serving
on the Working Party: specialists in the fields covered
by the terms of reference, in particular in the field of
ethics and law, medical research, clinical practice, epidemiology,
immunology as well as animal protection;
d. the European Commission, WHO and OECD can
send a representative to meetings of the Working Party,
without the right to vote or defrayal of expenses;
e. the United States, as well as others States
under invitation of the Working Party may send a representative,
without the right to vote or defrayal of expenses;
f. the Parliamentary Assembly can also be
represented in the CDBI/CDSP-XENO;
g. 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 work of the Working Party.
6. Working structure and methods:
Two meetings per year.
7. Duration:
These terms of reference will expire on 31
December 2002.
APPENDIX VIII
TERMS OF REFERENCE OF THE WORKING PARTY
ON PSYCHIATRY AND HUMAN RIGHTS (CDBI-PH)
1. Name of committee COMMITTEE OF EXPERTS
ON PSYCHIATRY
AND HUMAN RIGHTS (CDBI-PH)
2. Type of committee Committee of experts
3. Source of terms of reference Committee
of Ministers
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 of the committee
-The committee shall be composed of eight specialists to
be designated by the Steering Committee on Bioethics during
its next meeting, in consultation with the Chairs of the
European Health Committee, the European Committee on Legal
Co-operation and the European Committee on Crime Problems.
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. Observers:
Some intergovernmental or non-governmental organisations
may send observers at their own expense and without the
right to vote.
8. Duration:
These terms of reference expire on 31 December 2002.
APPENDIX IX
TERMS OF REFERENCE OF THE WORKING PARTY
ON BIOTECHNOLOGY (CDBI-BIOTECH)14
1. Membership (8)
8 experts including experts on:
- agriculture and food
- animal protection
- biomedicine
- environment
- law
Representative of the Parliamentary
Assembly
Observer: Commission of the European
Communities
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 work of the Working Party.
2. Terms of reference
Taking into account Recommendations 1213 (1993)
on the developments in biotechnology and the consequences
for agriculture, 1389 (1998) on consumer safety and food
quality, 1417 (1999) on dioxin crisis and food safety, and
1425 (1999) on biotechnology and intellectual property of
the Parliamentary Assembly of the Council of Europe, and
the discussions from the Council of Europe Conference on
biotechnology:
a. to examine ethical, social and legal issues
arising from the application of biotechnology, including
its intellectual property aspects;
b. to identify a list of areas of possible
Pan-European cooperation;
c. to propose a framework (schedule, partners,
involvement of NGOs etc.) for the future development of
draft ethical and legal principles in the field of biotechnology;
d. to make proposals (and, where appropriate,
alternative proposals) to the CDBI on the aforementioned
issues.
3. Other related bodies:
- Standing Committee of the European Convention
on the Protection of Animals kept for Farming Purposes (T-AP)
- Committee on Agriculture and Rural Development of the
Parliamentary Assembly
- Public Health Committee (CD-P-SP) Committee of experts
on nutrition, food safety and consumer health (P-SP-NU)
- Multilateral Consultation of the Parties to the European
Convention for the protection of vertebrate animals used
for experimental and other scientific purposes
4. Completion date: December 2001
APPENDIX X
AD HOC TERMS OF REFERENCE FOR THE STEERING COMMITTEE
ON BIOETHICS (CDBI) RELATING TO EUTHANASIA
Decision No. CM/768/30102000
1. Name of Committee:
Steering Committee on Bioethics (CDBI)
2. Source:
Committee of Ministers
3. Completion date:
31 December 2002
4. Terms of Reference:
In the light of the interim reply adopted by the Ministers'
Deputies at their 727th meeting (25 October 2000),
to compile relevant information on laws and/or practices
of member states with regard to the issues raised by Parliamentary
Assembly Recommendation 1418 (1999) on the protection of
the human rights and dignity of the terminally ill and the
dying, and to draw conclusions there from.
5. Committee(s) informed of the terms of reference
for information:
-
