WRITTEN QUESTION E-3612/02 by Bob van den Bos (ELDR) to the Council. Human rights clause.
Date: 2002-12-16
Institutions: European Parliament, Provisional data
Subjects: EU relations, European Union, access to EU information, bilateral agreement, cooperation agreement, human rights, parliamentary session, third country, trade agreement

C 222 E/94

Official Journal of the European Union

EN

18.9.2003

The Commission has no knowledge of automobile manufacturers being unwilling to provide useful
information to the emergency services. As an initial response, it feels that it is up to the different national
legal systems to oblige manufacturers to provide appropriate documentation and to initiate any legal
the
proceedings.
the Commission would point out
Community legislation on end-of-life vehicles, which has been in force since April 2002 (1),
is that
manufacturers and producers of components should provide information on dismantling vehicles placed
on the market; such information could, if necessary, be made available to the emergency services.

the provisions of

In this respect,

that one of

(1) Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles

(cid:1) OJ L 269, 21.10.2000.

(2003/C 222 E/112)

WRITTEN QUESTION E-3612/02

by Bob van den Bos (ELDR) to the Council

(16 December 2002)

Subject: Human rights clause

In connection with the preparations for Parliament’s 2002 report on human rights in the world, I should
like to ask the following questions:

1.

Since the 1990s, the European Union has incorporated a human rights clause in bilateral trade and
cooperation agreements with third countries. Can the Council give details of agreements of that kind
which have been suspended during the period since 1990 and state the reasons why decisions were
taken to suspend agreements?

2. Can the Council give details of the arrangements for discussing Parliament’s human rights resolutions
in the General Affairs Council: at which meetings were which subjects dealt with and with what
outcome?

3. Can the Council give details of attendance by Council representatives when Parliament debated human
rights issues in plenary over the period since April 2002? At what level was the Council represented
and how was information passed on to the Council of Ministers?

Reply

(5 and 6 May 2003)

The EU has included human rights as an ‘essential element’ in trade and cooperation agreements with
1.
third countries since 1995. Such clauses stipulate that respect
for fundamental human rights and
democratic principles underpins the internal and external policies of the Parties and constitutes an
‘essential element’ of the agreement. In the event of a breach, the agreement may be suspended. Before
1995 respect for human rights was often mentioned explicitly in for instance the preamble of agreements,
but without constituting an essential element.

As of today, no agreement containing a human rights ‘essential element’ clause has been suspended.
However, where the EU considered that a partner country had violated the essential elements of the
agreement, certain provisions of the agreement have been suspended. This was for instance the case for the
financial provisions under the Cotonou Agreement with regard to Zimbabwe (2002), Comoros (2000),
Cote d’Ivoire (2000), Fiji (2000), Haiti (2000) and Liberia (2001). In other cases, the signing of cooperation
agreements was delayed because of human rights concerns, for instance with Croatia (1995), Pakistan
(1999), Algeria (1998) and Russia (1995).

18.9.2003

EN

Official Journal of the European Union

C 222 E/95

The emphasis lies on promoting dialogue and positive measures rather than punitive action. The EU takes
every opportunity to urge States to respect human rights and to promote their protection, and to remind
partner countries of commitments arising from agreements containing a human rights ‘essential element’
clause.

2.
Every time the Council convenes in its General Affairs configuration, it notes all the resolutions,
decisions and opinions voted by the European Parliament during its previous session(s). The Council then
records that due account was taken of the positions adopted by the European Parliament when the points
concerned were discussed, or will be taken when they come up for discussion in the future. It goes without
saying that matters relating to human rights are by definition treated in this way.

3. With regard to the representation of the Council at debates held during European Parliament part-
sessions, the Council’s Rules of Procedure, Article 26, lays down that ‘The Council may be represented
before the European Parliament or its committees by the Presidency or, with the latter’s agreement, by the
following Presidency or by the Secretary-General’.

The Council has kept to this rule every time it has met in plenary session. It would also ask the
Honourable Member to refer to the minutes drawn up by the European Parliament at the end of each part-
session, where the information requested can be found.

(2003/C 222 E/113)

WRITTEN QUESTION P-3627/02

by Kathleen Van Brempt (PSE) to the Commission

(10 December 2002)

Subject: Increase in toy prices

Consumers’ associations in the Netherlands and Belgium are currently investigating retail toy prices. In the
Netherlands, the Consumers’ Association (Consumentenbond) claims to have enough evidence to prove
that retailers are agreeing not to undercut each other’s prices and that the manufacturers are keeping prices
artificially high. The Consumentenbond also says that the prices of the most popular toys have increased
by 40 % over the past two years. It also recognises a delayed euro effect: when the euro was introduced,
the prices of many toys were rounded up. In some cases, that has resulted in a 10 % increase over last
year’s prices.

Is the Commission aware of any price-fixing on the toy market in the Netherlands and Belgium or in the
other EU Member States? If so, what is it doing to counteract this phenomenon?

Is the Commission aware that retailers are charging higher prices since the advent of the euro? If so, does
it have any figures available?

Answer given by Mr Monti on behalf of the Commission

(17 January 2003)

The Commission is aware of the fact that consumer organisations are currently examining retail prices for
toys on the Dutch and Belgium markets. Taking into account the strongly national character of the
markets at issue, the Commission considers that the allegations of price fixing are best looked at by the
national competition authorities. It has been informed that contacts on these matters exist already between
the Dutch Competition Authority and the respective consumer organisation.