A4-0175/97

Resolution on the proposal for a Council Decision on a framework procedure for implementing Article 366a of the Fourth Lomé Convention (COM(96)0069 - C4-0045/97 - 96/0050(AVC))

The European Parliament,

- having regard to the proposal for a Council Decision, COM(96)0069 - 96/0050(AVC) ((OJ C 119, 24.4.1996, p.7.)),

- having regard to the Council's request for Parliament's assent (C4-0045/97),

- having regard to Article 238 of the EC Treaty,

- having regard to Rule 80(3) of its Rules of Procedure,

- having regard to the interim report by the Committee on Development and Cooperation and the opinions of the Committee on Foreign Affairs, Security and Defence Policy and the Committee on External Economic Relations (A4-0175/97),

1. Calls on the Commission to take account of the following recommendations:

(Recommendation 1)

Citation 3a (new)

>Text following EP vote>

Having regard to the United Nations Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social and Cultural Rights (1966), the Declaration on the Elimination of Discrimination against Women (1967), the Declaration on the Right to Development (1986), the Convention on the Rights of the Child (1989), and the Declaration on the Rights of Persons belonging to National Ethnic, Religious or Linguistic Minorities (1992),

(Recommendation 2)

Article -1 (new)

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Article -1

Respect for human rights, democratic principles and the rule of law are 'essential elements' of development cooperation between the European Union and the ACP countries.

(Recommendation 3)

Article 1

>Original text>

Where, at the initiative of the Commission or a Member State, the Council considers that an ACP State has failed to fulfil an obligation concerning one of the essential elements referred to in Article 5 of the Lomé Convention, the ACP State concerned shall be invited, except in cases of special urgency, to hold consultations in accordance with Article 366a(1) of the Convention. The Council shall act by a qualified majority.

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Where, at the initiative of the Commission, a Member State, or the European Parliament, the Council considers that an ACP State has failed to fulfil an obligation concerning one of the essential elements referred to in Article -1 of this Decision, the State concerned shall be invited, except in cases of special urgency, to hold consultations in accordance with Article 366a(1) of the Convention. The Council shall act by a qualified majority, after obtaining the assent of the European Parliament,.

(Recommendation 4)

Article 2, first paragraph

>Original text>

If, on expiry of the deadline set in Article 366a for the consultations and despite all efforts no solution has been found - either immediately in a case of urgency or refusal to hold consultations - the Council may, pursuant to that same Article, decide, on a proposal from the Commission, to take appropriate steps acting by a qualified majority.

>Text following EP vote>

If, on expiry of the deadline set in Article 366a for the consultations and despite all efforts no solution has been found - either immediately in a case of urgency or refusal to hold consultations - the Council may, pursuant to that same Article, and after Parliament has given its assent, decide, on a proposal from the Commission or at the request of Parliament, to take appropriate steps acting by a qualified majority.

(Recommendation 5)

Article 2a (new)

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Article 2a

Resumption of development cooperation with a country that has failed to fulfil an obligation in respect of one of the essential elements shall be decided after an assessment of progress secured in the matter of respect for human rights. The Commission shall submit an assessment report to the Council and the European Parliament and the resumption of development cooperation shall be the subject of a decision by qualified majority by the Council after the European Parliament has given its assent.

2. Instructs its President to open the conciliation procedure with the Council;

3. Instructs its President to forward this resolution to the Commission and the Council.