Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the 16th meeting of the Committee of the Parties to the Council of Europe Convention on preventing and combating violence against women and domestic violence on the adoption of a recommendation and conclusions addressed to five State Parties on their implementation of that Convention, with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement
Date: 2024-05-21
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: Andorra, Belgium, European convention, Liechtenstein, Malta, Spain, gender equality, judicial cooperation in criminal matters in the EU, removal, rights of aliens, women's rights

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   EUROPEAN COMMISSION  Brussels, 21.5.2024  COM(2024) 217 final 2024/0119 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the 16th meeting of the Committee of the Parties to the Council of Europe Convention on preventing and combating violence against women and domestic violence on the adoption of a recommendation and conclusions addressed to five State Parties on their implementation of that Convention, with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This  proposal  concerns  the  decision  establishing  the  position  to  be  taken  on  the  Union's 
behalf,  at  the  16th  meeting  of  Committee  of  the  Parties  (‘CoP’)  of  the  Council  of  Europe 
Convention  on  preventing  and  combating  violence  against  women  and  domestic  violence 
(‘the  Istanbul  Convention’  or  ‘the  Convention’)  on  31  May  2024,  in  connection  with  the 
envisaged adoption of one draft recommendation and four draft conclusions addressed to five 
State Parties on their implementation of the Convention. 

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The Istanbul Convention 

The  Istanbul  Convention  aims  to  lay  down  a  comprehensive  and  harmonised  set  of  rules  to 
prevent  and  combat  violence  against  women  and  domestic  violence  in  Europe  and  beyond. 
The Convention entered into force on 1 August 2014.  

The EU signed the Convention in June 2017, and completed the accession procedure with the 
deposit of two instruments of approval on 28 June 2023, triggering the entry into force of the 
Convention for the EU on 1 October 2023. The EU has acceded to the Convention as regards 
matters  falling  within  its  exclusive  competence,  namely  with  regard  to  matters  related  to 
institutions  and  public  administration  of  the  Union1  and  with  regard  to  matters  related  to 
judicial cooperation in criminal matters, asylum and non-refoulement2. All EU Member States 
have signed the Convention but only 22 have ratified the Convention3. 

The Committee of the Parties  

2.2. 
The  Committee  of  the  Parties4  is  composed  of  the  representatives  of  the  Parties  to  the 
Convention.  Parties  must  endeavour  to  nominate,  as  their  representatives,  experts  of  the 
highest  possible  rank  in  the  field  of  preventing  and  combating  violence  against  women  and 
domestic  violence5.  The  tasks  entrusted  to  the  CoP  are  listed  in  Rule  1  of  its  Rules  of 
Procedure6. On 1 October 2023 the EU became a Party to the Istanbul Convention, and thus a 
member of the CoP (Article 67(1) of the Convention). 

1 

2 

3 

4 

5 
6 

Council Decision (EU) 2023/1075 of 1 June 2023 on the conclusion, on behalf of the European Union, 
of  the  Council  of  Europe  Convention  on  preventing  and  combating  violence  against  women  and 
domestic  violence  with  regard  to  institutions  and  public  administration  of  the  Union,  OJ  L  143 I, 
2.6.2023, p. 1, ELI: http://data.europa.eu/eli/dec/2023/1075/oj. 
Council Decision (EU) 2023/1076 of 1 June 2023 on the conclusion, on behalf of the European Union, 
of  the  Council  of  Europe  Convention  on  preventing  and  combating  violence  against  women  and 
domestic violence with regard to matters related to judicial cooperation in criminal matters, asylum and 
non-refoulement, OJ L 143 I, 2.6.2023, p. 4, ELI: http://data.europa.eu/eli/dec/2023/1076/oj). 
Status of ratifications on [21].05.2024: AT (2013); BE (2016); CY (2017); DE (2017); DK (2014); IE 
(2019); EL (2018); ES (2014); EE (2017) FI (2015); FR (2014); HR (2018); IT (2013); LU (2018); MT 
(2014); NL (2015); PL (2015); PT (2013); RO (2016); SI (2015); SV (2014), LV (2023).  
Committee of the Parties  - Istanbul  Convention Action against violence against women and domestic 
violence (coe.int) 
Rule 2.1.b of the Rules of Procedures of the Committee of the Parties. 
Document IC-CP(2015)2, adopted on 4 May 2015. 

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2.3. 

The monitoring mechanism of the Istanbul Convention 

The Istanbul Convention sets up a monitoring mechanism to ensure effective implementation 
of  its  provisions  by  the  Parties7.  The  purpose  is  to  assess  how  the  provisions  of  the 
Convention  are  put  into  practice  and  to  provide  guidance  to  Parties.  This  monitoring 
mechanism consists of two distinct, but interacting, bodies: an independent expert body (the 
Group  of  Experts  on  Action  against  Violence  against  Women  and  Domestic  Violence 
‘GREVIO’), and the CoP. 

GREVIO is an independent and impartial group of experts on action against violence against 
women  and  domestic  violence  tasked  to  monitor  the  implementation  of  the  Istanbul 
Convention  on  a  country-by-country  basis,  in  accordance  with  Article  66(1)  of  the 
Convention.  GREVIO  is  composed  of  15  members  chosen  from  among  nationals  of  the 
Parties and elected by the CoP for a term of office of four years, renewable once.  

The monitoring procedure is described in Article 68 of the Convention. In short, each Party is 
required to submit a report based on a questionnaire prepared by GREVIO, on legislative and 
other measures giving effect to the provisions of the Convention. Based on this information, 
as  well  as  information  received  from  civil  society,  other  treaty  bodies,  other  Council  of 
Europe bodies and country visits, GREVIO prepares a draft report on the measures taken by 
the Party concerned to implement the provisions of the Convention and gives suggestions and 
proposals  on  the  way  in  which  the  Party  may  deal  with  identified  problems8.  After  having 
given the Party the possibility to comment on the report, GREVIO adopts its final report9. The 
report contains  conclusions highlighting the measures to be taken by the Party concerned to 
implement the Convention.  

On the basis of GREVIO’s reports and its  conclusions,  the CoP, in  accordance with  Article 
68(12) of the Convention, may adopt recommendations addressed to the Party concerned on 
the  implementation  of  the  Convention  and  set  a  date  for  submitting  information  on  their 
implementation. Based on this provision, according to the agreed procedures, the CoP adopts 
recommendations  which  differentiate  between  those  actions  which  it  considers  the  Party 
concerned  should  take  as  soon  as  possible,  with  a  requirement  to  report  back  to  it  on  steps 
taken  in  this  regard  within  a  three  years  period,  and  those  which,  while  important,  the  CoP 
considers could be left at a secondary level of immediacy10. At the end of the 3-year period, 
the Party must report back to the CoP on the progress made in implementing those measures. 
On  the  basis  of  this  information,  and  any  additional  information  obtained  from  non-
governmental organisations, civil-society and national institutions for the protection of human 
rights, the CoP adopts conclusions on the implementation of the recommendations in relation 
to  each  Party  under  review,  prepared  by  the  Secretariat  of  the  Committee11.  To  date,  the 
practice  in  the  CoP  has  been  to  adopt  recommendations  and  conclusions  on  the  basis  of 
consensus at its meetings which are to take place upon request12, normally twice a year.  

7 
8 
9 
10 

11 

12 

Article 1(2) of the Istanbul Convention. 
Article 68(10)of the Istanbul Convention. 
Article 68(11) of the Istanbul Convention. 
The applicable procedure for issuing recommendations was settled by the CoP at its 4th meeting on 30 
January  2018  and  is  described  in  the  Discussion  Paper  on  the  adoption  of  Recommendations  by  the 
Committee of the Parties in light of GREVIO's reports and proposals/suggestions, IC-CP(2018)6.  
The  applicable  procedure  for  supervising  the  implementation  and  the  reporting  is  defined  in  the 
“Framework  for  supervising  the  implementation  of  the  recommendations  addressed  to  state  parties”, 
adopted by the CoP on 13 April 2021, IC-CP/Inf(2021)2. 
Article 67(2) of the Convention. 

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The envisaged acts of the Committee of the Parties 

2.4. 
On  31  May  2024,  during  its  16th  meeting,  it  is  foreseen  that  the  CoP  will  proceed  with  the 
adoption of the following draft recommendation and conclusions (‘the envisaged acts’ or ‘the 
draft recommendation and conclusions’):  

– 

– 

– 

– 

– 

Recommendation on the implementation of the Council of Europe Convention 
on  Preventing  and  Combating  Violence  against  Women  and  Domestic 
Violence by Liechtenstein [IC-CP(2024)1-prov];  

Conclusions on the implementation of recommendations in respect of Andorra 
adopted by the Committee of the Parties [IC-CP(2024)2-prov]; 

Conclusions on the implementation of recommendations in respect of Belgium 
adopted by the Committee of the Parties [IC-CP(2024)3-prov]; 

Conclusions  on  the  implementation  of  recommendations  in  respect  of  Malta 
adopted by the Committee of the Parties [IC-CP(2024)4-prov]; and 

Conclusions  on  the  implementation  of  recommendations  in  respect  of  Spain 
adopted by the Committee of the Parties [IC-CP(2024)5-prov].  

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The  envisaged  acts  are  directed  to  five  State  Parties  and  include  recommendations  on 
measures  to  be taken to  implement  the  Istanbul  Convention as well as  conclusions on State 
Parties’  implementation  of  previous  recommendations.  They  concern  the  implementation  of 
provisions of the Convention which relate to judicial cooperation in criminal matters, such as 
matters  relating  to  the  protection  of  victims  and  support  for  victims  of  violence  against 
women and domestic violence, as well as provisions of the Convention relating to asylum and 
non-refoulement. These  matters are covered by the Union acquis, in particular the Directive 
on  combating  violence  against  women  and  domestic  violence13,  the  Victims’  Rights 
Directive14,  the  Asylum  Procedures  Regulation15  and  the  Reception  Conditions  Directive16. 
They fall within the Union’s exclusive competence  insofar  as the  relevant  provisions of the 
Convention may affect common rules or alter their scope within the meaning of Article 3(2) 
of the Treaty on the Functioning of the European Union (TFEU). It is therefore appropriate to 
establish  the  position  to  be  taken  on  the  Union's  behalf  in  the  CoP  with  regard  to  matters 
related  to  judicial  cooperation  in  criminal  matters,  asylum  and  non-refoulement,  as  the 
envisaged acts are capable of decisively influencing the content of Union law in that they may 
affect the interpretation of relevant provisions of the Convention in the future. 

The  draft  recommendation  and  conclusions  on  matters  falling  within  the  competence  of  the 
Union are in line with the Union’s objectives and policies in the areas of judicial cooperation 
in criminal matters, asylum and non-refoulement and do not raise any concerns with respect to 

13 

14 

15 

16 

Directive …/… of the European Parliament and of the Council on combatting violence against women 
and domestic violence (OJ, ELI:..). 
Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing 
minimum  standards  on  the  rights,  support  and  protection  of  victims  of  crime,  and  replacing  Council 
Framework Decision 2001/220/JHA (OJ L …, ELI: …).  
Regulation …/… of the European Parliament and of the Council establishing a common procedure for 
international protection in the Union and repealing Directive 2013/32/EU (OJ L…, ELI:…). 
Directive  2013/33/EU  of  the  European  Parliament  and  of  the  Council  of  26  June  2013  laying  down 
standards for the reception of applicants for international protection  (OJ L …, ELI:…). 

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Union law. It is therefore proposed that the Union  does not object to the adoption of the draft 
recommendation and conclusions at the 16th meeting of the CoP. 

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article 218(9) TFEU provides for decisions establishing ‘the positions to be adopted on the 
Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts 
having  legal  effects,  with  the  exception  of  acts  supplementing  or  amending  the  institutional 
framework of the agreement.’ 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 
not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’17. 

4.1.2.  Application to the present case 

The CoP is a body set up by the Istanbul Convention. The envisaged acts which the CoP is 
called  upon  to  adopt  constitute  acts  having  legal  effects.  The  envisaged  acts  are  capable  of 
decisively influencing the content of Union law, because they may affect the interpretation of 
the  relevant  provisions  of  the  Istanbul  Convention  in  the  future.  Therefore,  the  procedural 
legal basis for the proposed decision is Article 218(9) TFEU. 

4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union’s behalf. If the envisaged act pursues two aims or has two components and if one of 
these  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

With regard to an envisaged act that simultaneously pursues a number of objectives, or that 
has  several  components,  which  are  inseparably  linked  without  one  being  incidental  to  the 
other,  the  substantive  legal  basis  of  a  decision  under  Article  218(9)  TFEU  will  have  to 
include, exceptionally, the various corresponding legal bases. 

4.2.2.  Application to the present case 

As  regards  the  substantive  legal  basis,  the  EU  has  acceded  to  the  Istanbul  Convention  as 
regards matters falling within its exclusive competence, namely with regard to matters related 
to institutions and public administration of the Union18 and with regard to matters related to 

17 

18 

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64.  
Council Decision (EU) 2023/1075 of 1 June 2023 on the conclusion, on behalf of the European Union, 
of  the  Council  of  Europe  Convention  on  preventing  and  combating  violence  against  women  and 
domestic  violence  with  regard  to  institutions  and  public  administration  of  the  Union  (OJ  L  143 I, 
2.6.2023, p. 1, ELI: http://data.europa.eu/eli/dec/2023/1075/oj). 

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judicial cooperation in criminal matters, asylum and non-refoulement19. The EU’s  accession 
to the Istanbul Convention was split into two separate Council decisions to take into account 
the  special  position  of  Denmark  and  Ireland  with  respect  to  Title  V  of  the  TFEU. 
Consequently, also the decision establishing the position to be taken on the Union’s behalf in 
the CoP is to be split into two decisions, when the relevant recommendations or conclusions 
concern both matters.  

The envisaged acts pursue objectives and have components in the area of judicial cooperation 
in  criminal  matters  (Article  82(2)  and  Article  84  TFEU),  as  well  as  on  asylum  and  non-
refoulement (Articles 78(2) TFEU). They are inseparably linked without one being incidental 
to  the  other.  Therefore,  the  substantive  legal  basis  of  the  proposed  decision  comprises  the 
following provisions: Article 78(2), Article 82(2) and Article 84. 

4.3. 

Conclusion 

The legal basis  for the proposed decision should  be  Article  78(2), Article  82(2)  and Article 
84, in conjunction with Article 218(9) TFEU. 

19 

Council Decision (EU) 2023/1076 of 1 June 2023 on the conclusion, on behalf of the European Union, 
of  the  Council  of  Europe  Convention  on  preventing  and  combating  violence  against  women  and 
domestic violence with regard to matters related to judicial cooperation in criminal matters, asylum and 
non-refoulement (OJ L 143 I, 2.6.2023, p. 4, ELI: http://data.europa.eu/eli/dec/2023/1076/oj). 

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Proposal for a 

2024/0119 (NLE) 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union at the 16th meeting of the 
Committee of the Parties to the Council of Europe Convention on preventing and 
combating violence against women and domestic violence on the adoption of a 
recommendation and conclusions addressed to five State Parties on their 
implementation of that Convention, with regard to matters related to judicial 
cooperation in criminal matters, asylum and non-refoulement 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 78(2), Article 82(2) and Article 84, in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

1 

2 

The  Council  of  Europe  Convention  on  preventing  and  combating  violence  against 
women  and  domestic  violence  (‘the  Convention’)  was  concluded  by  the  Union  by 
Council  Decision  (EU)  2023/10751  with  regard 
institutions  and  public 
administration of the Union, and by Council Decision (EU) 2023/10762 with regard to 
matters  related  to  judicial  cooperation  in  criminal  matters,  asylum  and  non-
refoulement, and entered into force for the Union on 1 October 2023.  

to 

In accordance with Article 66(1) of the Convention, the Group of Experts on Action 
against Violence against Women and Domestic Violence (‘GREVIO’) has been tasked 
with  monitoring  the  implementation  of  the  Convention  by  its  Parties.  Pursuant  to 
Article  68(11)  of  the  Convention,  GREVIO  is  to  adopt  its  reports  and  conclusions 
concerning the measures taken by the Party concerned to implement the provisions of 
the Convention. 

The  Committee  of  the  Parties  of  the  Convention  may  adopt  recommendations 
addressed  to  the  Party  concerned,  in  accordance  with  Article  68(12)  of  the 
Convention. The recommendations are based on the GREVIO reports and differentiate 
between those actions which the Committee of the Parties considers the Party should 
take as soon as possible, with a requirement to report back to it on steps taken in this 
regard within a 3-year period, and those which, while important, the Committee of the 
Parties considers could be left at a secondary level of immediacy. At the end of the 3-
year period, the Party must report back to the Committee of the Parties on the actions 

Council Decision (EU) 2023/1075 of 1 June 2023 on the conclusion, on behalf of the European Union, 
of  the  Council  of  Europe  Convention  on  preventing  and  combating  violence  against  women  and 
domestic  violence  with  regard  to  institutions  and  public  administration  of  the  Union  (OJ  L  143 I, 
2.6.2023, p. 1, ELI: http://data.europa.eu/eli/dec/2023/1075/oj). 
Council Decision (EU) 2023/1076 of 1 June 2023 on the conclusion, on behalf of the European Union, 
of  the  Council  of  Europe  Convention  on  preventing  and  combating  violence  against  women  and 
domestic violence with regard to matters related to judicial cooperation in criminal matters, asylum and 
non-refoulement (OJ L 143 I, 2.6.2023, p. 4, ELI: http://data.europa.eu/eli/dec/2023/1076/oj). 

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taken, within 10 specific areas of the Convention. On the basis of this information, and 
any  additional  information  obtained  from  non-governmental  organisations,  civil-
society and national institutions for the protection of human rights, the Committee of 
the  Parties  is  to  adopt  conclusions  on  the  implementation  of  the  recommendations, 
prepared by the Secretariat of the Committee. 

(4) 

The Committee of the Parties, during its 16th meeting on 31 May 2024, is expected to 
adopt the following draft recommendation and four draft conclusions, concerning five 
State  Parties’  implementation  of  the  Convention  (the  draft  recommendation  and 
conclusions): 

(5) 

– 

– 

– 

– 

– 

Recommendation on the implementation of the Council of Europe Convention 
on  Preventing  and  Combating  Violence  against  Women  and  Domestic 
Violence by Liechtenstein [IC-CP(2024)1-prov]; 

Conclusions on the implementation of recommendations in respect of Andorra 
adopted by the Committee of the Parties [IC-CP(2024)2-prov]; 

Conclusions on the implementation of recommendations in respect of Belgium 
adopted by the Committee of the Parties [IC-CP(2024)3-prov];  

Conclusions  on  the  implementation  of  recommendations  in  respect  of  Malta 
adopted by the Committee of the Parties [IC-CP(2024)4-prov]; and 

Conclusions  on  the  implementation  of  recommendations  in  respect  of  Spain 
adopted by the Committee of the Parties [IC-CP(2024)5-prov].  

The draft recommendation and conclusions concern the implementation of provisions 
of  the  Convention  which  relate  to  judicial  cooperation  in  criminal  matters,  such  as 
matters  relating  to  the  protection  and  support  of  victims  of  violence  against  women 
and domestic violence, as well as provisions of the Convention relating to asylum and 
non-refoulement.  These  matters  are  covered  by  the  Union  acquis,  in  particular 
Directive  …/…  of  the  European  Parliament  and  of  the  Council3  [Directive  on 
combating violence against women and domestic violence], Directive 2012/29/EU of 
the  European  Parliament  and  of  the  Council4,  Regulation  …/…  of  the  European 
Parliament  and  of  the  Council5  [Regulation  establishing  a  common  procedure  for 
international  protection  in  the  Union  and  repealing  Directive  2013/32/EU]  and 
Directive 2013/33/EU of the European Parliament and of the Council6. It is therefore 
appropriate  to  establish  the  position  to  be  taken  on  the  Union’s  behalf  in  the 
Committee  of  the  Parties  with  regard  to  matters  related  to  judicial  cooperation  in 
criminal  matters,  asylum  and  non-refoulement,  as  the  envisaged  acts  are  capable  of 
decisively  influencing  the  content  of  Union  law  in  that  they  may  affect  the 
interpretation of relevant provisions of the Convention in the future. 

(6) 

As  regards  Liechtenstein,  the  draft  recommendation  on  its  implementation  of  the 
Convention  includes  the  need  to  adopt  and  align  relevant  definitions  with  the 

3 

4 

5 

6 

Directive …/… of the European Parliament and of the Council on combating violence against women 
and domestic violence (OJ, ELI:..). 
Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing 
minimum  standards  on  the  rights,  support  and  protection  of  victims  of  crime,  and  replacing  Council 
Framework Decision 2001/220/JHA (OJ L insert , ELI: insert). 
Regulation …/… of the European Parliament and of the Council establishing a common procedure for 
international protection in the Union and repealing Directive 2013/32/EU (OJ + ELI). 
Directive  2013/33/EU  of  the  European  Parliament  and  of  the  Council  of  26  June  2013  laying  down 
standards for the reception of applicants for international protection (OJ + ELI). 

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Convention (Article 3 of the Convention), to strive for gender equality, including by 
taking measures in this regard, and to address the rights and needs of groups exposed 
to or at risk of intersectional discrimination (Article 4 of the Convention), to develop a 
comprehensive  strategy  or  action  plan  for  preventing  and  combating  all  forms  of 
violence covered by the Convention (Article 7 of the Convention), to ensure funding 
for  relevant  civil  society  organisations  (Article  8  of  the  Convention),  to  allocate 
human and financial resources to coordinating bodies (Article 10 of the Convention), 
to  harmonise  data-collection  systems  and  to  regularly  conduct  population-based 
surveys  on  all  forms  of  violence  covered  by  the  Convention  (Article  11  of  the 
Convention),  to  ensure  a  free,  dedicated  state-wide  telephone  helpline  (Article  24  of 
the Convention) and to make use of police barring orders to ensure victim protection 
(Article 52 of the Convention). As the recommendations on  these  matters  are in  line 
with the Union’s policies and objectives in the area of judicial cooperation in criminal 
matters and do not  raise any concerns with  respect  to  Union  law, the position of the 
Union  should  be  to  not  object  to  the  adoption  of  the  recommendation  addressed  to 
Liechtenstein. 

As  regards  Andorra,  the  draft  conclusions  on  its  implementation  of  the  Convention 
include  the  need  to  ensure  that  relevant  stakeholders  receive  sufficient  human  and 
financial  resources  (Article  8  and  Article  25  of  the  Convention),  to  ensure  a 
coordinated and cross-cutting approach to preventing and combating violence against 
women  (Article  7  of  the  Convention),  to  ensure  data  collection  on  violence  against 
women  (Article  11  of  the  Convention),  to  ensure  that  victims  have  access  to 
emergency barring orders in line with the Convention (Article 52 of the Convention) 
and to comply with the requirements of the Convention regarding the residence status 
of  victims  of  violence  against  women  (Article  59  of  the  Convention).  As  the 
conclusions on those matters are in line with the Union’s policies and objectives in the 
areas of judicial cooperation in criminal matters, asylum and non-refoulement, and do 
not raise any concerns with respect to Union law, the position of the Union should be 
to not object to the adoption of the conclusions addressed to Andorra.  

As  regards  Belgium,  the  draft  conclusions  on  its  implementation  of  the  Convention 
include  the  need  to  ensure  data  collection  on  violence  against  women  (Article  11  of 
the Convention), the need to ensure that specialist support services receive funding in 
a  manner  that  ensures  their  continued  services  (Article  8  and  25  of  the  Convention) 
and the need to ensure that issues pertaining to violence against women are taken into 
account  by  relevant  competent  authorities  deciding  on  custody  and  visitation  rights 
(Article 31 of the Convention). As the conclusions on those matters are in line with the 
Union’s policies and objectives in the area of judicial cooperation in criminal matters, 
and  do  not  raise  any  concerns  with  respect  to  Union  law,  the  position  of  the  Union 
should be to not object to the adoption of the conclusions addressed to Belgium.  

As  regards  Malta,  the  draft  conclusions  on  its  implementation  of  the  Convention 
include  the  need  to  strengthen  co-operation  with  non-governmental  actors,  including 
those providing specialist support services, and to ensure their effective participation 
in  the  design  of  relevant  policies  (Article  7  of  the  Convention),  to  ensure  the 
comprehensive  collection  of  data  in  relation  to  all  forms  of  violence  covered  by  the 
Convention (Article 11 of the Convention), to take a number of actions in the area of 
custody and visitation rights to ensure the safety of victims and their children (Article 
31 of the Convention) and to ensure that the legislation is in line with the Convention 
as regards emergency barring orders and protection orders (Article 52 and Article 53 
of the Convention). As the conclusions on these matters are in line with the Union’s 

(7) 

(8) 

(9) 

EN 

8 

  EN 

policies and  objectives  in  the area  of judicial cooperation in  criminal  matters and do 
not raise any concerns with respect to Union law, the position of the Union should be 
to not object to the adoption of the conclusions addressed to Malta.  

(10)  As  regards  Spain,  the  draft  conclusions  on  its  implementation  of  the  Convention 
include  the  need  to  harmonise  the  level  of  support  and  protection  of  women  victims 
throughout  the  country  (Article  7,  Article  10  and  Article  25  of  the  Convention),  to 
address the protection needs of women exposed to intersecting forms of discrimination 
(Article  4  of  the  Convention),  to  support  women’s  rights  non-governmental 
organisations,  including  financially  (Article  9  of  the  Convention)  and  to  ensure  the 
swift  access  of  asylum-seeking  women  to  the  asylum  procedure  and  to  safe 
accommodation  and  to  ensure  detection  of  asylum  seeking  women  in  need  of 
protection (Article 60 and Article 61 of the Convention). As the conclusions on these 
matters  are  in  line  with  the  Union’s  policies  and  objectives  in  the  areas  of  judicial 
cooperation  in  criminal  matters,  asylum  and  non-refoulement,  and  do  not  raise  any 
concerns with respect to Union law, the position of the Union should be to not object 
to the adoption of the conclusion addressed to Spain.  

(11) 

(12) 

Ireland is not bound by Council Decision (EU) 2023/1076 and is therefore not taking 
part in the adoption of this Decision. 

In  accordance  with  Articles  1  and  2  of  Protocol  No  22  on  the  position  of  Denmark, 
annexed to the Treaty on European Union and to the Treaty on the Functioning of the 
European Union, Denmark is not taking part in the adoption of this Decision and is not 
bound by it or subject to its application, 

HAS ADOPTED THIS DECISION: 

Article 1 
The  position  to  be  taken  on  the  Union's  behalf  at  the  16th  meeting  of  the  Committee  of  the 
Parties, established under Article 67 of the Convention, shall be to not object to the adoption 
of the following acts: 

(1) 

(2) 

(3) 

(4) 

(5) 

Recommendation  on  the  implementation  of  the  Council  of  Europe  Convention  on 
Preventing  and  Combating  Violence  against  Women  and  Domestic  Violence  by 
Liechtenstein [IC-CP(2024)1-prov];  

Conclusions  on  the  implementation  of  recommendations  in  respect  of  Andorra 
adopted by the Committee of the Parties [IC-CP(2024)2-prov];  

Conclusions  on  the  implementation  of  recommendations  in  respect  of  Belgium 
adopted by the Committee of the Parties [IC-CP(2024)3-prov];  

Conclusions on the implementation of recommendations in respect of Malta adopted 
by the Committee of the Parties [IC-CP(2024)4-prov]; and  

Conclusions on the implementation of recommendations in respect of Spain adopted 
by the Committee of the Parties [IC-CP(2024)5-prov].  

EN 

9 

  EN 

This Decision is addressed to the Commission. 

Done at Brussels, 

Article 2 

For the Council 
The President 

EN 

10 

  EN