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1 -&L COUNCIL OF EUROPE *** * * * * ***** CONSEIL DE L'EUROPE Committee of Ministers Comite des Ministres CMD Strasbourg, 23 October 1996 Restricted CM(96)143 For consideration at the 578th meeting of the Ministers' Deputies (18-21 November 1996, A level, item 7.1) EUROPEAN FOUNDATION FOR CULTURAL HERITAGE SKILLS Draft Agreement between the Council of Europe and the "Venetia Foundation European Foundation for Cultural Heritage Skills" The European Foundation for Cultural Heritage Skills (EFCHS) emerged from the transformation in 1995 of the "Pro Venetia Viva" Foundation, created in 1974 at the initiative of leading representatives of the Council of Europe in order to help with the restoration of the cultural heritage of the city of Venice and its economic and social revival. Since 1992, the Committee of Ministers has been kept informed of the steps taken by the Secretariat and the "Pro Venetia Viva" Foundation to adapt the statute by enlarging the goals of the Foundation to include training in the protection and improvement of the cultural heritage. & In this context, having noted with satisfaction the modifications to the statute of the "Pro Venetia Viva", at their 541st meeting (June 1995) the Deputies instructed their Rapporteur Group on Education, Culture and Sport to "make a proposal to it for the Council of Europe's continued support to the EFCHS".

2 CM(96) Having had before them an initial draft convention between the Council of Europe and the EFCHS, at their 569th meeting (19 June 1996, B level), the Deputies asked the Rapporteur Group to resume its consideration of it and reaffirmed their intention to support the development of the EFCHS and to examine the arrangements for this support at a later date. The Rapporteur Group met on 13 September 1996 and approved the revised draft Agreement between the Council of Europe and the EFCHS. Under this Agreement, the relations between the EFCHS and the Council of Europe are clarified and the reciprocal obligations of the parties laid down with regard to three major questions: a. the Council of Europe can call upon the EFCHS for the implementation of certain activities that fall under the programme of the Cultural Heritage Committee, by making available the requisite financial resources; to that end, appropriations must already have been voted for the budget of the Cultural Fund and contracts duly signed between the Secretary General and the Chairman of the EFCHS's Board; b. the Council of Europe agrees to make operating facilities and administrative services available to the EFCHS; c. the EFCHS Secretariat is provided for by redeployment of staff from the Council of Europe Cultural Heritage Division. The draft Agreement is applicable for three years, at the end of which an independent assessment of the EFCHS's operations and results will enable the Committee of Ministers to decide whether it should be renewed, if necessary with modifications. The appended text, approved by the Rapporteur Group on 13 September 1996, has been reviewed from both a linguistic and terminological point of view by the competent departments of the Secretariat. It has already been distributed to members of the Rapporteur Group under the reference GR-C(96)8. It should be noted that, at its meeting of 24 June 1996, the Board of the European Foundation for Cultural Heritage Skills endorsed the concluding of the said Agreement.

3 - 3 - CM(96)143 APPENDIX The Council of Europe, represented by Mr Daniel TARSCHYS, Secretary General, hereinafter referred to as «the Council», on the one hand, and The Venetia Foundation - European Foundation for Cultural Heritage Skills, represented by Mr..., President of the Foundation, duly authorised hereto by the Governing Board of the Foundation in accordance with Article 9 of the Statutes on co-operation agreements, hereinafter referred to as «the EFCHS», on the other hand, HAVE AGREED AS FOLLOWS: I. RELATIONS BETWEEN THE COUNCIL OF EUROPE AND THE EFCHS 1. As a non profit-making legal entity under the terms of Articles 80 et seq of the Swiss Civil Code, the EFCHS, which has emerged from the transformation of the Pro Venetia Viva Foundation, aims to promote the improvement of heritage conservation skills and their transmission. Its objective is to provide special assistance in implementing the intergovernmental programme of the Council of Europe in the cultural heritage field. This assistance shall be provided in the areas of further training and re-training and professional exchanges, as well as induction and awareness-raising. To this end, the Head of the Cultural Heritage Division shall take part in meetings of the Foundation's Governing Board. 2. The tasks assigned to the EFCHS for the implementation of the Council's programme in the heritage field shall be set each year by the Cultural Heritage Committee (CC-PAT) when it adopts its work programme. Other specialised Council for Cultural Co-operation (CDCC) committees may assign tasks to the Foundation and instruct it to manage certain activities if the need arises. 3. The co-operation of the EFCHS shall be set out in programme contracts concluded with it by the Council of Europe. The tasks to be carried out and the time limits shall be laid down in the contracts. The remuneration for the services provided by the Foundation, as laid down in the contract, shall be charged to the Cultural Fund.

4 CM(96) Appendix 4. The EFCHS shall provide its expertise in designing projects as well as making its network services available. It shall obtain joint funding to carry out activities and provide a means of pooling funds from the Council, other European institutions and international or national partners in the public or private sector. 5. The nature and amount of work commissioned from the EFCHS by the Council of Europe will depend on the interest seen in calling upon a mechanism such as the Foundation to implement such or such a part of the intergovernmental programme. II. OPERATIONAL SUPPORT PROVIDED BY THE COUNCIL OF EUROPE TO THE FOUNDATION In order to foster the development of the EFCHS as a unique instrument of innovation and partnership, the Council of Europe, under the present Agreement, shall provide operational support to the Foundation in the form of: human resources; technical assistance; an operating grant. 1. Human resources and technical assistance i. Human resources a. In the wake of the former agreements concluded between the Council of Europe and Pro Venetia Viva, human resources shall be made available to the EFCHS by the Council. Under the present Agreement, the seconded Council of Europe staff shall be listed in letters exchanged between the Secretary General and the Chair of the Governing Board. Posts for the full-time Executive Director, a part-time Programme Adviser and a full-time Administrative Assistant will be allocated to the Foundation Secretariat through redeployment of staff from the Cultural Heritage Division. Temporary, ad hoc assistance may also be provided by staff from that Division, subject to the Division Head's approval, in particular to carry out the programme activities assigned to the Foundation by the Cultural Heritage Committee. Permanent or temporary staff seconded to this unit on a full-time or part-time basis shall be subject to Council of Europe staff regulations and have the rights and obligations of Council staff. b. The Executive Director shall be appointed in accordance with article 8 of the Statute and article 10 of the Rules of the EFCHS, on the basis of a proposal from the Secretary General of the Council of Europe. Other EFCHS Secretariat staff on secondment from the Council of Europe shall be appointed subject to the consultation of the Executive Director.

5 - 5 - CM(96)143 Appendix c. Secondment of Council of Europe staff to the EFCHS may be terminated at the request of the Council of Europe, the Foundation or the staff themselves. In the latter two cases, allowance shall be made for the time required to reintegrate staff within the Council of Europe. Council of Europe staff made available to EFCHS previously posted in DECS will be reintegrated within DECS. d. In accordance with the Statute and Article 13 of the Rules, the EFCHS may recruit staff in various countries to carry out its activities. In such cases, the staff recruited shall be remunerated and managed in accordance with the labour law of the country of recruitment and may not lay claim to any link whatsoever with the Council of Europe. ii. Operating facilities provided for the EFCHS Secretariat a. The Council of Europe shall temporarily make offices available in its Strasbourg premises for Foundation Secretariat operations. The rooms allocated to the EFCHS shall be maintained and insured by the Council of Europe in the same way as other offices. b. To facilitate the day-to-day running of its Secretariat in Strasbourg, the EFCHS shall be provided with interpretation and translation facilities in the official languages and the use of Council of Europe meeting rooms, mail services and office and computer equipment on the following conditions: These facilities shall be provided to the EFCHS Secretariat for its routine business (annual meetings of the Governing Board and its Bureau, meetings of steering committees, administrative mail). As regards activities on the EFCHS programme relating to the implementation of specific aspects of the Council of Europe intergovernmental programme, the programme contracts concluded between the Council of Europe and the EFCHS shall set forth the precise obligations of the EFCHS. The Council of Europe shall not provide interpretation, translation or mail facilities for EFCHS programmes outside the scope of the contracts concluded between the Council of Europe and the Foundation and covered by contracts concluded with other public or private bodies. 2. Operating grant An operating grant shall be allocated annually to the EFCHS for the duration of the present agreement provided that the appropriate funds are set aside in the course of the procedures for adoption of the budget of the Cultural Fund or the general budget of the Council of Europe. The amount of such a contribution should take stock of the operating facilities provided for the EFCHS Secretariat (see Il.l.ii.).

6 CM(96) Appendix III. GENERAL PROVISIONS 1. In its communications strategy, the EFCHS shall highlight the Council of Europe objectives which it is helping to realise. Its publicity material shall refer to the support provided by the Council of Europe. 2. Documents produced in connection with the carrying out by the EFCHS of activities commissioned by the Council of Europe shall make reference both to the Foundation and to the Council of Europe. I 3. The present agreement shall apply for a period of three years from... This period shall represent a setting-up and experimentation phase for the potential activities of the Foundation. The agreement may be re-negotiated on the basis of an independent assessment and renewed at the end of that period, depending on progress made with the projects carried out by the Foundation and on the Council of Europe programme. During the said period, the terms of the agreement may also be modified or supplemented by an additional written clause agreed by both parties. 4. In accordance with Article 21 of the General Agreement on Privileges and Immunities of the Council of Europe, any dispute between the Secretary General and the EFCHS in respect of the application of the present agreement shall, in the absence of a friendly settlement between the two parties, be subject to arbitration according to the procedure established by Rule No. 481 issued by the Secretary General and approved by the Committee of Ministers. Done at, this date of. for the Council of Europe for the European Foundation for Cultural Heritage Skills The Secretary General the Chairman

Committee on Rules of Procedure, Immunities and Institutional Affairs

Committee on Rules of Procedure, Immunities and Institutional Affairs Commission du Règlement, des immunités et des affaires institutionnelles DECLASSIFIED 1 AS/Pro (2018) 20 def 11 December 2018 ardoc20_2018