WRITTEN QUESTION E-3582/03 by Yasmine Boudjenah (GUE/NGL) to the Commission. Role of multinational corporations in conflict regions in Africa.
Date: 2003-12-05
Institutions: European Parliament, Provisional data
Subjects: Africa, Democratic Republic of the Congo, code of conduct, corporate social responsibility, exploitation of resources, illicit trade, multinational enterprise, social clause

27.3.2004

EN

Official Journal of the European Union

C 78 E/597

Answer given by Mrs Diamantopoulou on behalf of the Commission

(16 January 2004)

As regards the invitations to tender for a study on the consequences of the judgment of the Court of
Justice in the SIMAP Case (1), the Commission dispatched the letters of invitation to tender on 11 April
2002 and 18 December 2002.

The study was launched with a view to preparing for the communication on working time.

As for the Commission’s meeting with national experts on working time, the Commission would refer to
its answer to the Honourable Member’s Written Question E-2611/03 (2). It must point out, however, that
the purpose of the meeting was not to discuss the transposition of Directive 2000/34/EC (3), but the
Commission’s future communication on working time. At all events, no Member State reported difficulties
with the transposition of that Directive.

Lastly, the Commission wishes to make it clear that no derogations can be made from the scope of
Directive 2000/34/EC and none of the Member Sates has submitted a request for derogation.

(1)

Judgment of the Court of 3 October 2000 in Case C-303/98, Sindicato de Médicos de Asistencia Pública (SIMAP)
and Conselleria de Sanidad y Consumo de la Generalidad Valenciana.

(2) OJ C 58 E, 6.3.2004, p. 187.
(3) Directive 2000/34/CE of the Parliament and of the Council of 22 June 2000 amending Council Directive 93/104/
CE concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that
Directive, OJ L 195, 1.8.2000.

(2004/C 78 E/0631)

WRITTEN QUESTION E-3582/03

by Yasmine Boudjenah (GUE/NGL) to the Commission

(5 December 2003)

Subject: Role of multinational corporations in conflict regions in Africa

The UN Security Council’s endorsement of the report by the UN Expert Panel on the Illegal Exploitation of
Natural Resources and Other Forms of Wealth of the Democratic Republic of the Congo (formerly Zaire)
and the publication in the French press of extracts from this report underline the urgent need for greater
transparency when investigating the links between the responsibilities of multinational corporations and
the pursuit of war in certain countries, particularly on the African continent.

In the light of the European Parliament’s adoption of the Howitt report in 1998 on EU standards for
towards a European Code of Conduct and
European enterprises operating in developing countries:
monitoring platform (A4-0508/1998) and the repeated calls for the Commission to impose strict controls
on multinational corporations obliging them to treat human beings with respect, to maintain human
dignity and proper working conditions and to respect democratic principles and the values of peace, can
the Commission state what progress has been made in this area?

More specifically, has the Commission had access to the full text of the UN report? If so, can it state
whether or not European private or public companies are implicated in illegal activity in relation to the
conflict in the Democratic Republic of the Congo? If so, will action be taken (setting up a committee of
inquiry, sanctions) to ensure that no European subsidy is linked to this conflict?

C 78 E/598

Official Journal of the European Union

EN

27.3.2004

Answer given by Mr Nielson on behalf of the Commission

(14 January 2004)

In relation to the Code of conduct for European enterprises operating in developing countries, the
Commission does not believe in a mandatory approach. Rather it is convinced that a voluntary strategic
framework, such as the European strategy on Corporate Social Responsibility (CSR), is more appropriate.
Moreover, the 1998 Howitt Report itself identifies the voluntary approach as the starting point for any
action in this field.

The Commission launched in September 2002 an implementation strategy with respect to CSR following
the July 2002 adoption of a Communication (1) on the matter. The main element of the strategy is the CSR
Stakeholder Forum, officially launched on 16 October 2002. The Forum promotes CSR through fostering
a dialogue between the business community,
trade unions, civil society organisations and other
stakeholders. The Forum has the aim of raising awareness of and promoting CSR good practice and
instruments, taking into account existing Union initiatives and internationally agreed instruments such as
the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational
Enterprises and the International Labour Office (ILO) Core Labour Standard conventions.

The international dimension is taken into account in the ‘development round-table’, in which different
corporations and non-governmental organisations (NGOs) participate actively. Thematic areas such as
health and development, promotion of core labour standards, good governance, social dialogue, financial
transparency, implementation of the OECD Guidelines for Multinational Corporations are examined. The
Forum will present a report on its work to the Commission before Summer 2004, which shall then assess
its results, and decide on its follow-up.

The Commission has received the version of the United Nation’s panel of inquiry report which was
published on the UN’s website and can be consulted freely there. The report offers no specific details
concerning the involvement of European private or public companies in illegal activity in relation to the
conflict in the Democratic Republic of Congo.

The Commission’s development assistance to the DRC cannot be linked to the conflict. It entails projects
implemented mainly by local and international NGOs which directly benefit the poorest sections of the
community, in particular through the rehabilitation of basic infrastructure, repairs to rural tracks and
measures to boost agriculture.

The Commission notes that the Report states that the United Nations Panel was charged with fact-finding
but was not a judicial body. In the case of companies listed in the report’s annexes, the principles of the
OECD Guidelines for Multinational Enterprises were used as an appropriate benchmark of ‘generally
accepted international standards of corporate behaviour’.

The OECD Guidelines contain voluntary principles and standards for responsible business conduct in areas
including human rights, disclosure of information and anti-corruption. The Commission strongly supports
the Guidelines as a key corporate responsibility instrument with global reach. National Contact Points in
each adhering country handle enquiries relating to the Guidelines and cases of alleged non-adherence.

The Commission notes that the UN Panel has referred a number of Union-based companies to National
Contact Points for clarification as to whether their activities in the DRC have contravened the OECD
Guidelines. The Commission considers that it is the responsibility of National Contact Points to investigate
all well-founded allegations of conduct inconsistent with the Guidelines.

(1) COM(2002) 347 final.