1. On the grounds of the above considerations and findings, calls on the Commission:
7dash to produce a detailed study of the implications of a possible transition to the principle of international
exhaustion for European manufacturers and consumers as well as for jobs;
7dash to present a report on any cases of abuse of trade mark rights notified to the Commission, to explain
how such cases of abuse have been addressed, including with regard to competition rules, and toidentify possible deficiencies that may exist in current legal provision;
7dash to examine the legal situation with regard to the exhaustion of trade mark rights in the most import-
ant trading nations;
7dash to ascertain the prospects for the conclusion of an international agreement on harmonised rules on
exhaustion of trade mark rights under the WTO or WIPO;
7dash in the light of the most recent rulings by the Court of Justice, to examine the need for clarification of
Directive 89/104/EEC, and in particular Article 7 thereof, in order to achieve a higher degree of legal
certainty and legal clarity regarding the restrictions applying under competition law in respect of trade
mark law, which is necessary above all for SMEs and consumers;
7dash to examine whether clarification of trade mark law in respect of non-commercial imports of goods
purchased by consumers via the Internet is needed;
7dash to submit to Parliament, by 31 December 2002, a report on these points containing detailed pro-
posals;
2. Instructs its President to forward this resolution to the Council, the Commission and the govern-
ments of the Member States.
13. Conclusions of the UN Conference on racism
B5-0605, 0606, 0607, 0609 and 0610/2001
European Parliament resolution on the World Conference against Racism in Durban
The European Parliament,
7dash having regard to Articles 6, 7 and 29 of the Treaty on European Union and Article 13 of the EC
Treaty, which commit the European Union and its Member States to observe high standards ofhuman rights and non-discrimination, and to the Charter of Fundamental Rights of the EuropeanUnion,
7dash having regard to the 1965 International Convention on the Elimination of All Forms of Racial Dis-
crimination, the 1995 Framework Convention for the Protection of National Minorities and the Euro-pean Convention for the Protection of Human Rights and Fundamental Freedoms,
7dash having regard to Council Directive 2000/43/EC of 29 June 2000 implementing equal treatment
between persons irrespective of racial or ethnic origin (
1),
7dash having regard to the EU’s preparations for the World Conference, in particular the European Parlia-
ment resolution of 5 July 2001 on human rights in the world (2) containing its recommendation on
the European Union’s position at the World Conference,
7dash having regard to the declaration adopted by the European Preparatory Conference ‘All Different-All
Equal’ in Strasbourg on 13 October 2000,
7dash having regard to the framework agreement of 5 July 2000 on relations between the European Parlia-
ment and the Commission (3),
(1) OJ L 180, 19.7.2000, p. 22.
(2) ‘Texts Adopted’, Item 13.
(3) OJ C 121, 24.4.2001, p. 122.11.4.2002 EN C 87 E/149 Official Journal of the European Communities
Wednesday 3 October 2001
7dash having regard to the Commission’s Communication on the European Union’s role in promoting
human rights and democratisation in third countries (COM(2001) 252) and to the Conclusions of theCouncil of 16 June 2001 on the same Communication,
A. whereas the European Union, in developing an area of freedom, security and justice, not only has a
major role alongside Member States in efforts to root out racism and racial discrimination within theEU but also has the opportunity to play a constructive role on the international scene, as racism anddiscrimination based on race and ethnic origin are fundamentally against the objectives of the EUexternally as well as internally,
B. whereas in reaching political agreement on a final declaration and on an Action Programme on
8 September 2001, the Conference sent a message to the world and represented a step forwardtowards the elimination of all forms of contemporary racism and xenophobia, even if it did notsucceed in meeting all expectations,
C. whereas those negotiations were particularly difficult because the questions of reparation for victims
of slavery and the Middle East conflict dominated and overshadowed the planned proceedings,
D. recognising the long-term suffering caused by Europe’s historical experiences, and welcoming the
recognition that Zionism is not racism and that the Holocaust was a unique event in world history,
E. whereas the European Union through the Presidency, represented by Louis Michel, President-in-Office
of the Council, played a pivotal role in securing the final agreement,
F. whereas the role which the European Parliament delegation in particular but also the Commission was
able to play in the Conference failed to properly or fully reflect the growing EU responsibilities in thisfield;regretting moreover that the Commission was only represented at the level of officials and thatnot all Member States were represented at the level of senior ministers,
G. whereas a large amount of EU funds (€ 3,7 million) was allocated to support the participation of
NGOs and low income countries in four regional preparatory conferences and the World Conferenceitself,
1. Welcomes the fact that the Conference managed to reach agreement on a final declaration, which
will serve as a basis for the worldwide fight against racism and discrimination based on race and ethnicorigin;
2. Congratulates the European Union on managing to steer the Conference to a compromise on the
final declaration, in particular through the efforts of the President-in-Office of the Council, thus preventinga complete collapse and securing an acceptable outcome, but urges the European Union to continue to
develop its international capacity and its preparedness for the expectations held of it;
3. Regrets the fact that the NGO Forum prior to the World Conference produced a ‘shadow’ declaration
which was on some points so extreme in its language and demands that the UN High Commissioner forHuman Rights was unable to recommend it to the World Conference, and some NGOs disassociatedthemselves from the decision, thus weakening the reputation and influence of civil society;
4. Considers that in the light of the scope of the Durban Conference on Racism and in view of the very
public and regrettable difficulties that arose at different levels during the lengthy negotiating process itwould have been preferable if more preparatory work had been carried out to secure unanimous agree-ment on the final conclusions and calls upon the UN to look at the organisation of future forums, toprovide for a new Conference in ten years’ time and to look at how future NGO Forums will be organisedso as to prevent single-interest groups from hijacking the events;C 87 E/150 EN 11.4.2002 Official Journal of the European Communities
Wednesday 3 October 2001
5. Takes note that the European Union agreed to wordings in the final declaration on slavery, the slave
trade and colonialism that went further than initially foreseen in the EU common position, while avoidingthe question of reparation for victims of these practices;
6. Welcomes the recognition of the evil of slavery and slave-trade practices, which would, if committed
today, be considered crimes against humanity;especially welcomes the fact that discrimination against
Roma and Sinti people has been recognised for the first time at international level, but regrets that thefinal declaration failed to mention the discrimination against the Dahlit people;
7. Welcomes the support in the declaration for the ‘New Africa Initiative’ and calls for the further
assistance promised for promoting democracy and political governance in Africa;
8. Underlines the need to focus on the concrete measures agreed upon in Durban to fight racism,
xenophobia and discrimination, and for the European Union to support and facilitate the implementationof the measures through National Action Plans in the European Union and to take a leading internationalrole in strengthening other countries’ ability to fight racism, xenophobia and discrimination;
9. Calls for further examination of the way in which the EU can deploy the full weight of its potential
influence on international human rights and anti-discrimination work, including levels of political repre-
sentation and a revision of the interinstitutional framework agreement of 5 July 2000, which should better
respond to the increasing responsibilities of the European Union and its institutions in internationalforums, notably the United Nations;
10. Urges the EU to encourage actions to combat intolerance, including Islamophobia and anti-Semit-
ism;
11. Calls on the Commission to examine how the EU funds for the Conference were allocated and
spent;
12. Instructs its President to forward this resolution to the Council and Commission and to the govern-
ments and parliaments of the Member States.11.4.2002 EN C 87 E/151 Official Journal of the European Communities
Wednesday 3 October 2001