Resolution on the suspension of the WTO dispute settlement procedure as regards the Helms-Burton Act
Date: 1997-05-15
Institutions: European Parliament
Subjects: Cuba, European Parliament, United States, World Trade Organisation, consultation procedure, international sanctions, powers of parliament













EUR-Lex - 51997IP0393 - EN






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51997IP0393

Resolution on the suspension of the WTO dispute settlement procedure as regards the Helms-Burton Act  


Official Journal C 167 , 02/06/1997 P. 0150 





B4-0393, 0398, 0399, 0406, 0410, 0429 and 0432/97Resolution on the suspension of the WTO dispute settlement procedure as regards the Helms-Burton ActThe European Parliament,- having regard to its previous resolutions on extraterritorial policy and its effect on trade and competition in the world market, namely the Helms-Burton Act and the D'Amato-Kennedy Act of the United States,- having regard to its request to forward a complaint to the WTO in order to open a dispute settlement procedure, which meanwhile was undertaken,- having regard to the WTO procedures where the suspension of a dispute automatically leads to the end of the dispute settlement efforts after some months; whereas the above-mentioned legislation is still in force and will continue to affect countries which did not participate in the present dispute settlement,- having regard to the GATT Agreement to which it gave its assent under Article 228(3), second subparagraph of the EC Treaty and which mandates the Commission as the EU executive to represent the EU at WTO level (partly together with the Member States),- having regard to the urgent opinion requested by the Commission and the Council, which was adopted by a large majority,A. whereas there was no pressure of time and no justification for not consulting Parliament in advance,B. whereas the US has taken a position in which it disputed the responsibility of the WTO for this case,C. having regard to its commitment to the multilateral character of the trade system within the framework of the WTO,1. Regrets the actions of the Commission in not consulting Parliament and expects that in future Parliament will be fully involved in the process of consultation in considering those problems;2. Considers that the Commission's activities in this respect are part and parcel of the executive power attributed to the Commission in the field of the common commercial policy and must be covered by EU decision-making in accordance with the respective treaty provisions in Articles 113, 228(3), first/second subparagraph, or 235;3. Calls on the Council to assure full consultation of Parliament on the correct legal basis and therefore urges the Council and Commission to agree to an informal trialogue meeting to clarify the involvement of Parliament in decision-making at WTO level;4. Calls on the Commission to fully inform Parliament via its relevant committees on the further implementation of the EU-US agreement;5. Calls on the Commission to provide an annual written report on its activities at WTO level in order to ensure transparency in WTO matters;6. Urges the Commission to reintroduce its case at the WTO against extraterritorial policies such as the Helms-Burton and D'Amato-Kennedy Acts of the United States unless Parliament receives a satisfactory answer in keeping with its declared policy;7. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Administration and Congress of the United States and the WTO.