EN Official Journal of the European Union CE 84/40

(2004/C 84 E/0044)

WRITTEN QUESTION E-2902/03

by Miet Smet (PPE-DE) to the Council

(1 October 2003)

Subject: Suspension of cooperation agreements and postponement of their signature

In its answer to my Question E-0520/03 (1) of 13 February 2003 about respect for women's rights in Pakistan, the Council has told me that, so far, not one agreement with a third country in which a human rights clause has been incorporated as an ‘essential element’ has been suspended.

It is true that the EU has in a number of cases where the essential elements of the agreement have been infringed suspended some provisions of the agreement. This was the case for the financial provisions of the Cotonou Agreement with Zimbabwe (2002), Comoros (2000), Côte d'Ivoire (2000), Fiji (2000), Haiti (2000) and Liberia (2001). What infringements of essential elements took place in these six countries?

In the case of Croatia (1995), Pakistan (1999), Algeria (1998) and Russia (1995) the signature of the cooperation agreements was postponed because of concern about human rights. ‘Human rights’ is of course a broad term. What kind of infringements of human rights were involved in this case in these four countries?

Reply

(8 March 2004)

1. The Council invites the Honourable Parliamentarian to refer to the relevant Council Decisions where are explained the grounds on which the EU decided to suspend certain provisions of the Cotonou Agreement with Zimbabwe (2002), Comoros (2000), Côte d'Ivoire (2000), Fiji (2000), Haiti (2000) and Liberia (2001). The Council always officially informs the President of the European Parliament in writing of Council Decisions to start and end consultations under the Cotonou Agreement.

2. The Honorary Member can find the exact text of these decisions in the following documents: — Council Decision of 18 February 2002 concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement, — Council Decision of 14 February 2000 concluding consultations with the Comoros under Article 366a of the Lomé Convention and taking appropriate measures, — Council Decision of 25 June 2001 concluding consultations with Côte d'Ivoire under Article 96 of the ACP-EC Partnership Agreement — Council Decision of 9 April 2001 concluding consultations with the Republic of the Fiji Islands under Article 96 of the ACP-EC Partnership Agreement, — Council Decision of 29 January 2001 concluding the consultation procedure with Haiti under Article 96 of the ACP-EC Partnership Agreement, — Council Decision of 25 March 2002 concluding consultations with Liberia under Articles 96 and 97 of the ACP-EC Partnership Agreement.

3. For the other cases mentioned by the Honourable Parliamentarian, the Council recalls that the European Parliament shared the Council concern about human rights. This concern was at the original of the delay in the signature of the co-operation agreements.

4. The Council underlines that when speaking of the promotion and protection of human rights and fundamental freedoms, the Union refers to a well identified set of obligations which allows action not only at general level but also with reference to specific or individual cases, whenever requested and possible.

(1) OJ C 280 E, 21.11.2003, p. 62.