WRITTEN QUESTION E-3104/01 by Yasmine Boudjenah (GUE/NGL) to the Commission. Ratification of the Cotonou Agreement.
Date: 2001-11-13
Institutions: European Parliament, Provisional data
Subjects: ACP countries, EU Member State, agreement (EU), ratification of an agreement

C 134 E/200

Official Journal of the European Communities

EN

6.6.2002

(2002/C 134 E/207)

WRITTEN QUESTION E-3102/01

by Yasmine Boudjenah (GUE/NGL) to the Council

(15 November 2001)

Subject: Supply to third countries of equipment which might be used for internal repression

The Council has already adopted regulations banning the supply to certain third countries of equipment
which might be used for internal repression. It did so in the case of Indonesia in October 1999.

Is the Council minded to adopt this type of regulation in the case of other countries which carry out
campaigns of internal repression, for example Turkey, against the Kurdish population, and Morocco,
against the Western Saharan population?

Reply

(18 February 2002)

1.
The Council has never had occasion to consider the question raised by the Honourable Member in
relation to the countries to which she refers. However, on 16 September 1999, it did adopt Common
Position 1999/624/CFSP based on Article 15 of the TEU, Article 2 of which specifies that ‘a ban on the
supply of equipment which might be used for internal repression or terrorism’ will apply to Indonesia.

2.
In the third annual report according to Operative Provision 8 of the European Union Code of Conduct
on Arms Exports, noted by the Council on 19 November 2001, Member States identified a number of
guidelines on topics requiring consideration or action in the near future. These included agreement on the
definitive adoption of a system for controlling exports of non-military security and police equipment.

In this connection the Commission has recently announced a proposal for a Community mechanism for
controlling exports of non-military equipment which may be used for internal repression.

(2002/C 134 E/208)

WRITTEN QUESTION E-3104/01

by Yasmine Boudjenah (GUE/NGL) to the Commission

(13 November 2001)

Subject: Ratification of the Cotonou Agreement

The Cotonou Agreement between the European Union and the ACP countries has already had most of its
provisions implemented in advance and on a provisional basis, but there appears to be a considerable
delay in ratifying the agreement, particularly in the EU Member States.

Can the Commission provide a list of EU Member States and ACP countries which have ratified the
agreement?

What measures does the Commission intend to take to speed up the ratification process?

Answer given by Mr Nielson on behalf of the Commission

(21 December 2001)

In order to come into effect, the Cotonou Agreement, signed on 23 June 2000, must be ratified by all
Member States and the Community (16 ratifications necessary, including the assent of the Parliament) as
well as by 2/3 of the signatory African, Caribbean and Pacific (ACP) States (51 of the 76 signatories =
article 93.2 of the Agreement).

6.6.2002

EN

Official Journal of the European Communities

C 134 E/201

As of 14 November 2001, the Agreement has been ratified by one Member State, ie Denmark, and by
27 ACP States. The ACP States having ratified the Agreement are in alphabetical order: Bahamas, Belize,
Comoros, Cook Islands, Djibouti, Eritrea, Ethiopia, Fiji, Guinea, Guyana, Jamaica, Kenya, Lesotho, Malawi,
Mali, Marshall Islands, Mauritius, Mauritania, Niue, Palau, St Kitts and Nevis, Samoa, Seychelles, Sierra
Leone, Sudan, Tonga, Tuvalu.

The Commission regularly uses the opportunity to remind the signatories of the need to proceed as soon
as possible to the ratification of the Agreement. At the Development Council on 31 May 2001 and
subsequently by letter, the Member of the Commission responsible for Development urged Member States
to complete the ratification procedure. At the Joint Parliamentary Assembly on 30 October 2001 the
Member of the Commission reiterated his appeal urging that full implementation of the Agreement should
be planned for the middle of 2002, in time for the meeting of the ACP-Union Joint Council of Ministers in
the Dominican Republic in June 2002.

(2002/C 134 E/209)

WRITTEN QUESTION E-3110/01

by Bart Staes (Verts/ALE) to the Commission

(13 November 2001)

Subject: Implementation of European regulations on public-sector tendering

It was decided at the Nice European Council that the European Council would in future meet regularly in
Brussels. According to the German architecture magazine Bauwelt and other press reports, the Belgian
is planning the
together with the minister responsible for buildings management,
prime minister,
construction of a new congress centre in Brussels, where meetings of the European Council will be held.

Although no site has as yet been determined for the meeting centre, it would appear already to have been
decided who will build it. The firm concerned, M. Jaspers & Partners, is reported to have been approached
by the prime minister with a view to submitting estimates for the new congress building. No reference has
been made to putting the work out to public-sector tender.

Such arrangements are of course contrary to European regulations on public-sector tendering.

Is the Commission aware of the Belgian plans to ignore European regulations in proceeding with the

1.
construction of a new congress building?

Does it share the view that the right approach to such a project would be to invite submissions to an

2.
architectural competition, having regard to the impact on the Brussels cityscape?

Answer given by Mr Bolkestein on behalf of the Commission

(1 February 2002)

According to the information in the Honourable Member’s possession, the Belgian Prime Minister is
supposed to have asked the firm of Jaspers & Partners to submit designs for the construction of a new
building in which to hold European Council meetings in Brussels. It is alleged that there was no prior
invitation to tender, which would constitute an infringement of Community public procurement law.

According to the information transmitted by the Belgian authorities to the Commission, it appears that no
procedure has yet been set in motion regarding the project for the construction of a new building to house
the meetings organised for the European Summits which will be held in Brussels. The site plan for the
‘Espace de l’Europe’ was drawn up by the architectural studio of M. Jaspers-J. Eyers & Partners-P. Cools on
its own initiative and free of charge. Given these conditions, this cannot be a public contract under the
terms of the Community directives.

At any rate, the Belgian authorities have given an express undertaking to comply with the Community
directives and Belgian public procurement legislation, should the decision be taken to go ahead with the
construction of this building.