WRITTEN QUESTION P-1582/02 by Michael Cashman (PSE) to the Commission. EU Association Agreements.
Date: 2002-05-28
Institutions: European Parliament, Provisional data
Subjects: association agreement (EU), audit, cooperation agreement (EU), management, third country

6.3.2003

EN

Official Journal of the European Union

C 52 E/81

stressed the importance of free, fair and inclusive elections in Jammu and Kashmir. The European Council
also confirmed the EU’s commitment to work with India and Pakistan and with others in the international
community, seeking for possible confidence-building measures in order to defuse the immediate crisis, and
to continue to encourage both countries to achieve a lasting solution through bilateral dialogue between
them.

3.
The Council has discussed the evolution of the situation on several occasions, and most recently at
the GACs on 10 and 17 June 2002. Several high-level personalities, including UK Secretary of State for
Foreign Affairs, Mr Straw, and Commissioner Patten, have recently visited the region. Others have
maintained regular telephone contacts with the Indian and Pakistani leadership. The EU has also raised the
issue in various high-level political dialogue meetings including with the US, Russia, Japan, and other G8
partners in order to contribute to a coordinated international effort.

Finally, the Council has in public statements repeatedly condemned the terrorist attacks in the region, and
urged both sides to resume a dialogue with a view to a negotiated settlement of all contentious issues.

4.
The Council welcomes the initial steps which both countries have taken recently to defuse the crisis.
These steps have reduced the risk of an all-out war. The Council in particular welcomes the initial steps
taken by Pakistan to clamp down on cross-border terrorism, and the de-escalatory measures announced by
India in response.

In order

5.
the
EU High Representative for CFSP, held discussions with the Indian and Pakistani governments in
New Delhi and Islamabad on 26 and 27 July 2002.

solution to the

to contribute

conflict, Mr

Solana,

lasting

to a

Javier

(2003/C 52 E/092)

WRITTEN QUESTION P-1582/02

by Michael Cashman (PSE) to the Commission

(28 May 2002)

Subject: EU Association Agreements

Could the Commission give full details of how it scrutinises the application or non-application of clauses
of the EU Association Agreements with non-EU countries? Does the Commission currently systematically
audit these Agreements to ensure that all criteria and obligations are being fulfilled by both partners? If not,
what steps is the Commission taking to ensure that this process of auditing does occur?

Answer given by Mr Patten on behalf of the Commission

(2 July 2002)

Normally Union Association Agreements with third countries set out the principles which underpin the
partnership, notably respect
for democratic principles and human rights; provide a framework for
cooperation over a wide range of civil activities; and contain specific provisions on trade, the establishment
of and cooperation with companies by both partners, capital movements and the protection of intellectual
property.

The Union, and particularly the Commission, uses the meetings of the bodies established under the
Agreements (of Association or Cooperation) to review the situation in all these areas. More generally, the
Union’s institutions and the Member States, who are parties to the Agreements in their own right,
continually assess the progress achieved by our partners.

The Union bases itself on information obtained from its delegations and embassies on the spot, and
through contacts with and information provided by the government, United Nations bodies, civil society,
non-governmental organisations and other interested and informed organisations.

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6.3.2003

For example, an extensive framework for scrutinising the proper application of provisions of Association
Agreements exists with the candidate countries from Central and Eastern Europe. Regular meetings on
various levels take place to tackle any issue with regard to the correct implementation of these so-called
Europe Agreements. Such meetings aim at ensuring full compliance with the provisions of Association
Agreements. They are also regularly held with the candidate countries Cyprus, Malta and Turkey.

Moreover, the implementation of the Stabilisation and Association Agreements with the Former Yugoslav
Republic of Macedonia (FYROM) and Croatia is regularly reviewed by the bodies cited or created by the
Agreements themselves, namely the relevant councils, committees, technical working parties, to ensure that
all the criteria agreed and obligations undertaken are being fulfilled by the parties.

In particular the responsibility of the Stabilisation and Association Agreement Council is to ‘supervise the
enforcement and implementation of the Agreement’.

In addition, the ‘Economic Partnership, Political Co-ordination and Cooperation Agreement between the
Union and Mexico’ includes an institutional framework composed of a Joint Council (Ministerial level that
meets at least once a year), a Joint Committee (senior civil servant level that meets at least once a year) and
several special committees (at the technical level). This institutional framework allows both parties to assess
and evaluate the implementation of the agreement.

Prior to the negotiation of the Agreement the Commission undertook the studies requested by conclusions
of the Council of Ministers which were in force at the time. The obligation to audit was agreed at a later
stage and therefore the Union-Mexico Agreement has not been audited. The Commission will do so when
opening the negotiations on the issues still pending, namely liberalisation of services and some agricultural
products. The parties should open talks on these issues three years after entry into force of
the
Decision 2/2000 liberalising trade on goods and Decision 2/2001 concerning trade on services.

Last but not least, the overall application of the provisions of the agreements with the Mediterranean
countries is monitored by meetings of
the association councils, which usually meet once a year.
The association committees administer the more technical aspects of the agreements, and they too
generally meet once a year. Working parties or ad hoc meetings are convened if a more detailed
examination of a particular issue is required.

(2003/C 52 E/093)

WRITTEN QUESTION E-1629/02

by Paul Rübig (PPE-DE) to the Commission

(10 June 2002)

Subject: Required publication of balance sheets by SMEs

Pursuant to Article 47(1) of Directive 78/660/EEC (1), annual accounts must be published as laid down by
the laws of each Member State in accordance with Article 3 of Directive 68/151/EEC (2). This article
requires particulars and documents to be disclosed in a national gazette appointed for that purpose by the
Member State.

This legislation, which requires small
submission of their balance sheet, needs to be reviewed as a matter of urgency in the interests of SMEs.

limited liability companies (GmbH) to publish a notification of

At all events, anyone who is interested in the balance sheet of a particular company must inspect it in
person at the company accounts court (Firmenbuchgericht). Such persons may also find out there whether
the balance sheet has already been submitted or not, which means that the publication of a notification of
submission in a national gazette is pointless.