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Cm/notes/722/5.3 revised
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OBS 2000.22
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722nd meeting
- 21 September 2000
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Resolution Res (2000) 7 concerning amendments to the Statute
of the European Audiovisual Observatory
(Adopted by the Committee of Ministers on 21 September 2000 at
the 722nd meeting of the Ministers' Deputies)
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The Committee of Ministers, in its composition limited to the
representatives of the member States of the European Audiovisual Observatory,
Having regard to Committee of Ministers Resolution (93) 28
on Partial and Enlarged Agreements and to Resolution (96) 36 Establishing Criteria
for Partial and Enlarged Agreements of the Council of Europe;
Having regard to Resolution (92) 70 establishing a European
Audiovisual Observatory and to Resolution (97) 4 confirming the continuation
of the European Audiovisual Observatory and to the Statute of the Observatory
annexed to it;
Having regard to the historical links between Audiovisual EUREKA
and the European Audiovisual Observatory, and paying respect to the intentions
of the Elounda Declaration for co-ordination between these organisations to
obtain synergies from their work;
Having regard to the Decision of the Council of the European
Union No. 1999/784/CE concerning Community participation in the European Audiovisual
Observatory;
DECIDES that the European Audiovisual Observatory shall be
governed by the provisions of the appended revised Statute, which shall enter
into force upon adoption of the present Resolution.
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Appendix to Resolution Res(2000) 7
Statute of the European Audiovisual Observatory
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1. Aim and functions of the Observatory
- The aim of the European Audiovisual Observatory
- hereinafter "the Observatory" - shall be to improve the transfer of information
within the audiovisual industry, to promote a clearer view of the market and
a greater transparency. In doing so, the Observatory shall pay particular
attention to ensuring reliability, compatibility and comparability of information.
- Specifically, the task of the Observatory shall
be to collect and process information and statistics on the audiovisual sector
(namely, legal, economic and programme information) - excluding any standard-setting
or regulatory activities - and to place these at the disposal of professionals,
of the representatives of the members to the Executive Council of the Observatory,
and of the Audiovisual EUREKA Coordinators' Committee.
- To perform this task, the Observatory shall:
- bring about co-operation between public and private suppliers of
information and to elaborate a policy for the negotiated use of their data
base so as to foster wide distribution, whilst at the same time respecting
the independence and confidentiality of information provided by professionals;
- constitute a network consisting of a central unit and co-operating
institutions and partners, resting on the principles of flexibility and
decentralisation and relying, as far as possible, on existing centres and
institutes, in relation to which the Observatory will play not only a role
of co-ordination but also of harmonisation;
- have an appropriate staff.
- As a general rule, the services thus provided
by the Observatory shall be charged to users on the basis of criteria determined
by the Executive Council. However, members of the Executive Council shall,
in principle, have free access to information held by the Observatory, according
to modalities determined by the said Council.
2. Headquarters
- The Observatory's premises shall be in Strasbourg,
the seat of the Council of Europe.
3. Members of the Observatory
- A member of the Observatory that is member on
21 September 2000 shall remain a member of the Observatory.
- Any other member State of the Council of Europe
may join the Observatory at any time by making a notification to this effect
to the Secretary General of the Council of Europe.
- The European Community may join the Observatory
at any time by making a notification to this effect to the Secretary General
of the Council of Europe.
- The Committee of Ministers may, after consultation
with the Executive Council, invite any State which is not a member of the
Council of Europe to join the Observatory.
4. The Observatory's constituent bodies
- The Observatory's constituent bodies shall be:
- the Executive Council,
- the Advisory Committee.
- In addition, there shall be a Financial Committee
which will only exercise the functions laid down in Articles 7.2 and 7.4.
This organ shall be composed of the Representatives on the Committee of Ministers
of the member States of the Council of Europe which are also members of the
Observatory, and of representatives of any other members of the Observatory.
5. Executive Council
- The Executive Council shall consist of one representative
for each member of the Observatory. Audiovisual EUREKA enjoys the status of
observer to the Executive Council of the Observatory.
- The Executive Council shall elect a Bureau, composed
of the Chairperson of the Executive Council and a maximum of eight members
thereof, to perform those functions which the Council shall entrust to it.
Audiovisual EUREKA enjoys the status of observer to the Bureau of the Executive
Council.
- The Executive Council shall take the decisions
necessary for the operation and management of the Observatory. In particular,
it shall:
- approve the Observatory's draft annual budget, before transmitting
it to the Financial Committee;
- determine the Observatory's programme of activities in accordance
with the budgetary resources available, having received the opinion of
the Advisory Committee on the matter;
- approve the Observatory's accounts;
- approve the Observatory's activity report before transmitting it
to the Committee of Ministers;
- choose the Observatory's Executive Director, with a view to his/her
appointment by the Secretary General of the Council of Europe in accordance
with the provisions of Article�9;
- determine the working languages of the Observatory in accordance
with the decision taken in this regard by the Audiovisual EUREKA Coordinators'
Committee on 18�September 1992.
- The Executive Council shall take the decisions
foreseen in Articles 5.3(i), 5.3 (iv), 8.1 and�9.2 by unanimous vote.
Other decisions shall be taken by a two-thirds majority of the votes cast.
However, procedural decisions shall be taken
by a majority of the votes cast.
- Each member of the Observatory is entitled to
cast one vote. However, unless decided otherwise by the Executive Council,
a member which has not paid its compulsory contribution for the last financial
exercise shall no longer take part in the decision-making until such time
as the said contribution has been paid.
- The Executive Council shall adopt its Rules of
Procedure.
- The Executive Council shall adopt Financial Regulations
in accordance with the provisions of Article 8.
- The Executive Council shall hold at least one
meeting a year, as a general rule in conjunction with a meeting of the Advisory
Committee.
6. Advisory Committee
- The Observatory's partner institutions and the
representative European organisations of audiovisual professionals shall appoint
each a representative to the Advisory Committee. The list of partner institutions
and of organisations entitled to appoint representatives shall be determined
by the Executive Council. This list shall be up-dated at least every two years.
- The Executive Council, if it deems it appropriate,
may invite any person or representative of an institution or organisation
which is not on the aforementioned list to take part in all or part of a meeting
of the Advisory Committee.
- The Advisory Committee shall be consulted on
the Observatory's draft programme of activities and on any other matter which
the Executive Council deems it useful to refer to it. In formulating its opinions,
the Advisory Committee may adopt recommendations to the Executive Council.
- The Advisory Committee shall adopt its opinions
and recommendations by a two-thirds majority of the votes cast, each member
casting one vote.
However, procedural decisions shall be taken
by a majority of the votes cast.
- The Advisory Committee shall adopt its Rules
of Procedure.
- The Advisory Committee shall hold one meeting
a year. Further meetings may be convened by the Executive Council, either
on its own initiative, or at the request of the Advisory Committee or of one
or more partner institutions or professional organisations represented on
it.
7. The Observatory's financial resources
- The Observatory's financial resources shall consist
of:
- the annual compulsory contributions of members of the Observatory;
- additional voluntary contributions of members of the Observatory;
- payments for services provided by the Observatory;
- any other payments, gifts or legacies, subject to paragraph 7.2 below;
- the credit balance of the last closed and approved financial exercise.
- Allocation to the Observatory's budget of payments,
gifts or legacies covered by paragraph�7.1.d above in excess of the amount
determined by the Executive Council and by the Financial Committee shall be
subject to the agreement of these two organs.
- The Observatory's assets shall be acquired and
held on behalf of the Council of Europe and shall benefit as such from the
privileges and immunities applicable to the Council's assets under existing
agreements.
- The Observatory's budget shall be adopted annually
by the Financial Committee, by a unanimous decision.
8. Financial regime
- The Observatory's own Financial Regulations which
shall respect the general principles of the Financial Regulations of the Council
of Europe shall be adopted by the Executive Council and approved by the Committee
of Ministers.
- The Financial Regulations shall provide appropriate
arrangements for the control of the operation of the budget.
9. Secretariat
- The Secretariat of the Observatory shall be headed
by an Executive Director who shall be chosen by the Executive Council and
appointed by the Secretary General of the Council of Europe.
- The Executive Council shall determine the number
of staff of the Observatory. Staff shall be appointed by the Secretary General
of the Council of Europe with the agreement of the Executive Director.
- The Executive Director shall manage the Observatory's
finances in conformity with the Observatory's Financial Regulations. He/she
shall be accountable to the Secretary General of the Council of Europe, in
particular as regards the application of the Staff Regulations.
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