Partial agreement
Encyclopedia
Partial agreement is a term used within the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...

 to refer to a major activity of European cooperation that is organised by the Council of Europe but does not include all of its member states. This form of activity dates from a resolution adopted by the Council of Europe's Committee of Ministers
Committee of Ministers
The Committee of Ministers of the Council of Europe or commonly the Committee of Ministers is the Council of Europe's decision-making body. It comprises the Foreign Affairs Ministers of all the member states, or their permanent diplomatic representatives in Strasbourg...

 on 2 August 1951. The resolution allowed for the adoption of agreements by a limited number of member states, without the participation of the remainder. Any expenditure would be made by the participating states alone. This form of variable geometry in intergovernmental cooperation has not been imitated by other international organisations. This form of cooperation also allows some activities to include non-European states as full-fledged participants.

In 1993 the ground-rules were revised by the Committee of Ministers to take into account new developments. Statutory Resolution (93) 28 of the Committee of Ministers replaced the 1951 resolution. It defines three types of agreement:

- A partial agreement: some member States of the Council of Europe;

- An enlarged partial agreement: some member States with one or more non-member states;

- An enlarged agreement: all member States with one or more non-member states.

The Council of Europe currently lists its agreements as the following:

- The Council of Europe Development Bank
Council of Europe Development Bank
The Council of Europe Development Bank dates from 1956, when the Council of Europe established the Resettlement Fund for National Refugees and Over-Population in Europe as a Partial Agreement...

 (1956)

- Partial Agreement in the Social and Public Health Field (1959)

- The European Directorate for the Quality of Medicines
European Directorate for the Quality of Medicines
The European Directorate for the Quality of Medicines of the Council of Europe came into being in its current form in 1996. It consists of the Technical Secretariat of the European Pharmacopoeia Commission long referred to as the European Pharmacopoeia set up in 1964 by the European Pharmacopoeia...

 (1964)

- The Pompidou Group
Pompidou Group
Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs is an inter-governmental body formed in 1971 at the suggestion of the late French President Georges Pompidou.- History :...

 - Cooperation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (1980)

- EUR-OPA - The European and Mediterranean Major Hazards Agreement
EUR-OPA Major Hazards Agreement
The EUR-OPA Major Hazards Agreement is a Partial Agreement of the Council of Europe, set up in 1987 by Resolution 2 of the Committee of Ministers...

 (1987)

- The North-South Centre
North-South Centre
The North–South Centre, officially named the European Centre for Global Interdependence and Solidarity, is an autonomous agency — called a Partial Agreement — of the Council of Europe, the oldest political organisation of European states.-History:...

 (1989)

- Eurimages
Eurimages
Eurimages is the Council of Europe fund for the co-production, distribution, exhibition and digitisation of European cinematographic works. It aims to promote the European film industry by encouraging the production and distribution of films and fostering co-operation between professionals....

 - The European Support Fund for the co-production and distribution of films (1988)

- The Venice Commission
Venice Commission
The Venice Commission is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin wall, at a time of urgent need for constitutional assistance in Central and Eastern Europe...

) - The European Commission for Democracy through Law (1990)

- The Youth Card (1991)

- The European Audiovisual Observatory
European Audiovisual Observatory
The European Audiovisual Observatory was set up by the Council of Europe as a Partial Agreement. Its legal basis is Resolution 70 of the Committee of Ministers of the Council of Europe, 15 December 1992...

 (1992)

- The Centre for Modern Languages in Graz

- GRECO - The Group of States Against Corruption
Group of States Against Corruption
The Group of States against Corruption , the Council of Europe’s anti-corruption monitoring body with its Headquarters in Strasbourg ,...

 (1998)

- The Enlarged Partial Agreement on Sport (2007)

Partial agreements are traditionally set up with a resolution of the Committee of Ministers. The European Directorate for the Quality of Medicines, which is usually listed as a Partial Agreement, falls outside of this definition, being the result of a treaty, and is thus technically a treaty body, such as the European Social Charter
European Social Charter
The European Social Charter is a Council of Europe treaty which was adopted in 1961 and revised in 1996. The Revised Charter came into force in 1999 and is gradually replacing the initial 1961 treaty...

 organs.

There is one agreement, the European Card for Substantially Handicapped Persons, dating from 1977, which was still-born, having never attracted sufficient interest from member states and so was never implemented.

Each agreement has its own form of supervision and management. A number of the agreements are supervised by the Committee of Ministers, others have their own executive boards.

In 2007, the activities of the public health
Public health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals" . It is concerned with threats to health based on population health...

partial agreement were transferred to the European Directorate for the Quality of Medicines, despite the fact that the member states were not the same.

The latest agreement, on sport, heralds a new development, deals with an activity that had always been a mainstream intergovernmental activity but was relegated to a partial agreement to avoid it being axed altogether.

The Venice Commission is unique as being the one agreement which began life as a partial agreement and, being of its success, had to drop the qualifier 'Partial', when the last remaining member state decided to join up.

The Council of Europe treaty office issues regularly updated information on all partial and enlarged agreements, listing all member states, observers, dates of accession and reference texts.

Further reading

Polakiewicz, J.: Treaty making in the Council of Europe (1999)
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