WRITTEN QUESTION P-1386/98 by Karin Junker (PSE) to the Council (28 April 1998)

Subject: Council Decision of 28 November 1997 on the implementation of Common Position 95/544/CFSP of 4 December 1995 on Nigeria

On 22 April 1998 the Federal Republic of Germany will play Nigeria in a match in preparation for the World Championships. This international match was clearly not arranged until after the common position (95/544/CFSP ((OJ L 309, 21.12.1995, p. 1. ))) of 4 December 1995 was defined.

1. Does the Council agree that, by issuing visas to Nigerian citizens and arranging the match against Nigeria in preparation for the World Championships, the Federal Republic of Germany is contravening Common Position 95/544/CFSP of the Council of 4 December 1995 and the Council Decision of 28 November 1997 on the implementation of this common position, and especially Article 1(2) thereof?

2. If so, what conclusions does the Council intend to draw from this contravention?

3. Were the Council and all the Member States informed before the visas were issued (Article 2)?

4. How did the Member States view this?

5. What, if anything, has the Council done to ensure compliance with the decision?

6. What measures has the Council planned to ensure that in the future the Member States comply with the decision on the common position concerning Nigeria?

Joint answer to Written Questions P-1386/98 and E-1428/98 (6 July 1998)

The European Union has repeatedly expressed its grave concern at the situation in Nigeria. The Council reflected this on 28 November 1997 with its decision to extend the EU Common Position on Nigeria of 4 December 1995 (95/544/CFSP) until 1 November 1998. The Council remains firmly committed to securing change in Nigeria, to which it believes the measures set out against Nigeria in Common Position 95/544/CFSP, including the interruption of EU-Nigeria sporting links, are making a useful contribution.

Article 1, paragraphe 2, of Council Decision 97/820/CFSP on the implementation of Common Position 95/544/CFSP allows Member States to decide not to apply the restrictions on sporting links in order to fulfil prior undertakings given in respect of sporting events organised by international sports federations, that is to say the 1998 World Cup finals and matches already organised in preparations for it and the 1998 World Basketball Championships. The match between Germany and Nigeria on 22 April 1998 was a preparatory match for the World Cup already organised before the adoption of Council Decision 97/820/CFSP. The Council was aware of this at the time it adopted this Decision and agreed that Germany could issue visas to members of the Nigerian team. Germany did not, therefore, contravene Common Position 95/544/CFSP by issuing them.

The Council is satisfied that Member States are complying fully with Common Position 95/544/CFSP and Council Decision 97/820/CFSP on its implementation. The latter implies no change EU policy towards Nigeria and no relaxation of EU measures against it. Indeed, the Council's Conclusions of 28 November 1997 accompanying the Decision to renew Common Position 95/544/CFSP make it clear that if elections in Nigeria this year fail to permit a return to democracy and the rule of law before 1 October 1998, the EU will adopt measures in addition to those adopted in Common Position 95/544/CFSP.