2019th Council meeting - GENERAL AFFAIRS - Luxembourg, 26 June /97 (Presse 216) C/97/216

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1 9308/97 (Presse 216) C/97/ th Council meeting - GENERAL AFFAIRS - Luxembourg, 26 June 1997 President: Mr Hans VAN MIERLO Deputy Prime Minister and Minister for Foreign Affairs of the Kingdom of the Netherlands

2 S U M M A R Y PARTICIPANTS... 3 ITEMS DISCUSSED FOLLOW-UP OF THE AMSTERDAM EUROPEAN COUNCIL - EMPLOYMENT - CONCLUSIONS PREPARING IMPLEMENTATION OF THE OUTCOME OF THE IGC - CONCLUSIONS... 5 DENVER G7/G8 MEETING... 6 EU-CANADA SUMMIT... 6 EU-JAPAN SUMMIT... 6 MEDITERRANEAN POLICY... 7 ASSOCIATION WITH THE OVERSEAS COUNTRIES AND TERRITORIES - MID-TERM REVIEW OF THE 1991 DECISION... 7 FORMER YUGOSLAVIA... 8 ALBANIA... 9 MIDDLE EAST PROCESS HONG KONG - DECLARATION CUBA - CONCLUSIONS BURMA/MYANMAR GREAT LAKES REGION - CONGO RELATIONS WITH THE OAU ITEMS ADOPTED WITHOUT DISCUSSION External Relations...I Trade Policy...II ECSC... V ECOFIN... V Justice and Home Affairs... VI Fisheries... VI

3 The Governments of the Member States and the European Commission were represented as follows: Belgium Mr Philippe DE SCHOUTHEETE DE TERVARENT Ambassador, Representative Permanent Denmark Mr Niels Helveg PETERSEN Mr Jørgen ØRSTRØM-MØLLER Germany Mr Klaus KINKEL Mr Hans-Friedrich Von PLOETZ Greece Mr Georgios PAPANDREOU Spain Mr Ramón de MIGUEL Y EGEA France Mr Hubert VEDRINE Mr Pierre MOSCOVICI Minister for Foreign Affairs State Secretary for Foreign Affairs Minister for Foreign Affairs State Secretary, Foreign Affairs Deputy Minister for Foreign Affairs State Secretary for Foreign Policy and the European Union Minister for Foreign Affairs Minister with responsibility for European Affairs Ireland Mr Denis O'LEARY Ambassador, Permanent Representative Italy Mr Piero Franco FASSINO Luxembourg Mr Jacques POOS Netherlands Mr Hans VAN MIERLO Austria Mr Wolfgang SCHUSSEL Portugal Mr Francisco SEIXAS da COSTA Finland Ms Tarja HALONEN Sweden Ms Lena HJELM-WALLÉN Mr Gunnar LUND State Secretary for Foreign Affairs Minister for Foreign Affairs Minister for Foreign Affairs Federal Minister for Foreign Affairs State Secretary for European Affairs Minister for Foreign Affairs Minister for Foreign Affairs State Secretary for Foreign Affairs

4 United Kingdom Mr Robin COOK Mr Doug HENDERSON Secretary of State for Foreign and Commonwealth Affairs Minister of State, Foreign Office Commission Mr Manuel MARÍN Sir Leon BRITTAN Mr Hans VAN DEN BROEK Vice-President Vice-President Member FOLLOW-UP TO THE AMSTERDAM EUROPEAN COUNCIL - EMPLOYMENT - CONCLUSIONS The Council and the Commission will present a joint progress report to the extraordinary European Council on Employment as part of the implementation of the Resolution of the Amsterdam European Council on Growth and Employment. In view of this report Member States are invited to submit as soon as possible, the main elements of their national employment reports in order to provide the necessary material for the study of good practices as requested by the Amsterdam European Council. This study will be prepared on the basis of contributions by the Commission, the Economic Policy Committee and the Employment and Labour Committee. Furthermore the Commission, where appropriate in cooperation with the EIB, is invited to provide the necessary input to the progress report regarding : - the initiatives concerning job creating potentials for small and medium sized enterprises, - the work of the new competitiveness Advisory Group, - the initiatives of the EIB in creating employment opportunities. The Council will strengthen the employment focus of the broad guidelines for the economic policies of the Community and the Member States starting from its 1998 exercise. - PREPARING IMPLEMENTATION OF THE OUTCOME OF THE IGC - CONCLUSIONS 1. Following agreement on the draft Treaty of Amsterdam, the Council notes that the legal editing of the texts in all languages is underway to enable the signing of the Treaty to take place in Amsterdam in October.

5 2. The Council invites COREPER to draw up a list of all the points resulting from the draft Treaty and the relevant Amsterdam European Council conclusions which need to be prepared either for immediate follow-up or to ensure that the Treaty is able to function fully and effectively as soon as it enters into force. 3. Moreover, the Council invites its Secretary-General to prepare a report to the Council after the signature of the new Treaty on possible organizational arrangements for: setting up the CFSP policy planning and early warning unit in the General Secretariat of the Council; integrating the Schengen Secretariat into the General Secretariat of the Council. DENVER G7/G8 MEETING The Council took note of a report by the Presidency and the Commission on the outcome of the Summit of the Heads of State and Government of the Seven leading industrial countries and Russia in Denver (USA) on June EU-CANADA SUMMIT The Council welcomed the first EU-Canada Summit - held in Denver on 20 June since the signing of the EU-Canada Declaration on 17 December 1996 and the positive results of the first phase of the implementation of the EU-Canada Action Plan and the setting of future priorities. EU-JAPAN SUMMIT The Council took note with satisfaction of the results of the sixth EU-Japan Summit in The Hague on 25 June 1997 which contributed to a further strengthening of the relationship with one of the Union's most important partners. MEDITERRANEAN POLICY The Council discussed, on the basis of an oral report by the Commission, the state of negotiations with Jordan, Egypt and Lebanon. As regards Jordan, the Council asked the Committee of the Permanent Representatives to elaborate, in the light of today's discussions, proposals which would allow the agreement to be finalized. The Council also stressed the importance of resolving the outstanding issues in order to conclude the negotiations with Egypt and Lebanon as soon as possible.

6 ASSOCIATION WITH THE OVERSEAS COUNTRIES AND TERRITORIES MID- TERM REVIEW OF THE 1991 DECISION The Council heard an explanation from the Netherlands delegation of the suggestions made in its recent proposal to resolve the impasse on the trade aspects of the Decision on the Association of the OCT. The Council also heard the reactions of the Commission and the delegations, which stressed the urgent need to find a definitive solution on the basis of the compromise proposal made by the Irish Presidency in November The Council made an urgent appeal to the Netherlands delegation and the Commission to make every effort to find common ground so that the issue could be resolved without further delay and the mid-term review of the Decision on the Association of the OCT completed as soon as possible. FORMER YUGOSLAVIA On the basis of a report by the Commission, the Council agreed on the desirability of convening the International Donors Conference for Bosnia-Herzegovina at the earliest possible date, taking into account the need for an IMF agreement. To this end, it stressed the importance of close coordination with the High Representative, as well as with the World Bank and the other donors. The Council discussed the current situation regarding the extension of the UNTAES mandate. It expressed its hope that the relevant UNSC resolution would take into account the needs of troop contributing countries and reflect the future role of the OSCE in Croatia in order to ensure the smooth transfer of power in Eastern Slavonia and the unhindered return of refugees and displaced persons. The Council welcomed the results of the fund-raising efforts of the OSCE for the municipal elections in Bosnia-Herzegovina and reiterated its appeal for additional contributions to the OSCE Voluntary Fund in order to cover the remaining shortfall. ALBANIA The Council had an indepth exchange of views on Albania and adopted the following EU declaration on the eve of the parliamentary elections in Albania: The European Union urges the Albanian political parties and all citizens to participate in the elections on 29 June and 6 July in a peaceful and orderly manner acting in a spirit of true reconciliation. The EU expects the Albanian parties to respect the results of legitimate elections and to accept the assessment on the validity of the elections to be pronounced by Mme Lalumiere (for the OSCE Chairman-in-Office) in cooperation with Sir Russell Johnston (for the Council of Europe Parliamentary Assembly) and Mr Ruperez (for the OSCE Parliamentary Assembly).

7 While the holding of free and fair elections is Albania's own responsibility, the EU reaffirms its commitment to provide support for the elections within the co-ordinating framework of the OSCE including a large number of monitors from Member States. The EU stresses the importance of the consolidation of the national reconciliation process after the elections and expresses the hope that they will lead to the formation of a new government which will enjoy broad support amongst the Albanian population as well as co-operation of all political forces in Albania. A new Government must, with the assistance of the international community as a whole and EU in particular, restore confidence in the democratic structures of the country and lead Albania toward economic recovery. The EU is prepared to support economic recovery in Albania provided Albania meets the conditions set at the Preparatory Conference in Rome on 26 May Future relations between the EU and Albania will depend on full restoration of democratic principles, respect for human and minority rights, sound economic practices as well as cooperative relations between Albania and its neighbours. The continuation of the process of national reconciliation following the elections will be a prerequisite for defining the terms for international aid. The EU expresses support and appreciation for the neutral and impartial way in which the Multinational Protection Force - in which several EU Member States participate - is carrying out its tasks in accordance with the relevant UNSC resolutions, in close cooperation with the Albanian authorities. The Central and Eastern European countries associated with the European Union, the associated country Cyprus and the EFTA countries members of the European Economic Area align themselves with this declaration. MIDDLE EAST PEACE PROCESS Ministers discussed the Middle East Peace Process on the basis of a report by the EU Special Envoy, Miguel MORATINOS, and endorsed his recommendations for short and medium term EU action as regards support for the present Egyptian initiative, improvement of the economic and social situation of the Palestinians, support for economic assistance to Jordan, special efforts to improve respect for democracy and human rights and efforts to build up long term momentum for the Peace Process. Ministers expressed their appreciation for the work carried out by the Special Envoy on behalf of the Union in support of the Peace Process. They agreed that the Joint Action on his appointment should be extended for a further year beyond its current term of 25 November 1997.

8 HONG KONG - DECLARATION Further to the conclusions of the General Affairs Council of 2nd June and to the Presidency Conclusions of the Amsterdam European Council, the Council once again underlined its support for continuing democracy in Hong Kong and called for free and fair elections to a new Legislative Council to take place as soon as possible, or in any case, within twelve months, as has been promised by China. CUBA - CONCLUSIONS The Council took note of the evaluation and the proposals for the implementation of the Common Position on Cuba and concluded that no substantive change in the political and economic situation in Cuba during the six months since the Common Position was adopted, had occurred. The Council reiterated that the objective of the European Union towards Cuba remained the encouragement of a process of peaceful transition to pluralist democracy, the respect for human rights and fundamental freedoms, as well as sustainable economic recovery and improvement in the living standards of the Cuban people. The Council therefore reconfirmed the position of the Union as set out on 2 December 1996 and approved the Presidency's recommendations on the evaluation and implementation of the Common Position. It will evaluate the Union's position after a further six months. BURMA/MYANMAR - CONCLUSIONS The Council discussed the implications for the EU of the accession in particular of Burma/Myanmar to ASEAN. The Council underlined that the deteriorating human rights situation in Burma/Myanmar is a matter of serious concern to the EU. On several occasions the EU has reiterated its concern at developments in Burma/Myanmar. Most recently, on 30 May, the EU issued a declaration on the anniversary of the 1990 elections in which the SLORC-regime is urged to release the people detained on that occasion and to engage in a serious dialogue with the pro-democracy groups. Furthermore, the Council called on the SLORC to accept a visit to Burma/Myanmar by the UN special rapporteur at an early date. The Council stressed the importance they attach to the strengthening and deepening of EU-ASEAN relations in accordance with the conclusions of the EU-ASEAN Ministerial Meeting in Singapore in February The Council confirmed the EU's commitment to the EU-ASEAN dialogue including on human rights and democratic principles. It expects membership of ASEAN to contribute to the promotion of these values in Burma. It agreed that the opportunity of the EU-ASEAN dialogue should be used to discuss the situation in Burma/Myanmar.

9 Bearing in mind that the current circumstances, reflected in the prolongation of the EU Common Position for another period of six months, preclude starting negotiations on the possible accession of Burma/Myanmar to the EC-ASEAN Cooperation Agreement, the Council considers that the presence of Burma/Myanmar at the forthcoming ARF/PMC Ministerial Meetings does not prejudge in any way its participation as observer at the upcoming EU-ASEAN Joint Cooperation Committee in November 1997 and other meetings in the institutional EU-ASEAN framework. The Council reaffirmed that membership of Burma/Myanmar of ASEAN does not automatically imply membership of ASEM. On the subject of possible additional measures against Burma/Myanmar, the Council agreed to look into this matter again in September in the light of the ARF/PMC Ministerial Meetings and the future developments in Burma/Myanmar. GREAT LAKES REGION - CONGO The Council discussed the situation in the Democratic Republic of Congo and the relations of the Union with the government of transition. It took note of the intention of the incoming Luxembourg Presidency to send a ministerial troika as soon as possible to Kinshasa. RELATIONS WITH THE OAU The Presidency informed the Council on the Ministerial Troika meeting with the Organization for African Unity held in New York on 23 June The Council expressed its wish that this dialogue be intensified at all levels with a view in particular to the upcoming EU-Africa Summit. OTHER DECISIONS Adopted without discussion. In the case of legislative acts, votes against and abstentions are indicated. Decisions including statements to which the Council has decided to grant the public access are indicated by asterisks; the statements in question may be obtained from the Press Office. EXTERNAL RELATIONS Control of exports of dual-use goods The Council modified the Decision on the Joint Action of 19/12/94 concerning the control of exports of dual-use goods, in order to take into account the commitments undertaken by Member States in the framework of the export control regimes provided for by the Australia Group, the Nuclear Suppliers' Group and the Missile Technology Control Regime, as well as The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-use Goods and Technologies.

10 It is recalled that the Decision of 19/12/94, along with the Regulation setting up a Community regime for the control of exports of dual-use goods adopted on that date, constituted a first step towards the setting up of a common system for the control of exports of dual-use goods, i.e. goods which can be used for both civil and military purposes. Illicit trafficking in conventional arms The Council adopted the EU Programme for preventing and combating illicit trafficking in conventional arms. This Programme covers illicit trafficking in all categories of conventional arms, with particular emphasis on small arms. It entails a non-binding set of measures promoting both cooperation among the Member States and EU assistance in this field to third countries. EU/WEU Presidency reports The Council took note of two reports on the informal meetings held on subjects of common interest for the EU and the WEU : - report by the EU and WEU Presidencies on "the reflection on the 'modus operandi' for the practical implementation of Article J.4.2 of the Maastricht Treaty" ; - report by the WEU Presidency on the "notion of a common European defence policy". Australia The Council approved the Joint Declaration on relations between the EU and Australia, that was signed on 26 June 1997 (see Press Release, doc. 9305/97, Presse 213) European Economic Area The Council defined the common position to be presented at the 7th meeting of the EEA Council which was held on 26 June 1997 (see Press Release, doc. EEE 1603/97, Presse 223). TRADE POLICY Standards and conformity assessment - Conclusions 1. The Council reaffirms the importance of reducing technical barriers in world markets and preventing the emergence of new ones to facilitate Community trade and market access for products thus enhancing exports and generating employment.

11 2. In view of that objective, the Council agrees on the importance of implementing a comprehensive, coherent and operational external strategy. Such a strategy should include the assessment of sectoral and geographical priorities on a regular basis taking into account trade interests as well as the evaluation of its results. Implementation of this external strategy should not, however, be to the detriment of legitimate demands for better protection of health, safety and the environment and should not put the Single market regulatory regime into jeopardy. It also needs to take account of the Community's commitment to the multilateral trading system. 3. The Community has a varied collection of instruments and policies at its disposal: the WTO TBT Agreement, the harmonisation of standards and technical regulations, agreements for the mutual recognition of conformity assessment (MRA), technical assistance and action in the field of regulatory cooperation. The objective should be to identify the most appropriate instruments and policies and to ensure that they are used in a coordinated manner. 4. With that priority in mind, the Council welcomes the Commission Communication on Community external trade policy in the field of standards and conformity assessment policy and strategy in this area. It fully agrees that the Community's objectives should include : - in the multilateral framework, ensuring the full implementation by all Members of the WTO Agreement on Technical Barriers to Trade and, in the bilateral framework, of corresponding agreements or other measures to reduce barriers ; - promoting international harmonisation of standards, regulations and conformity assessment procedures; - negotiating agreements on conformity assessment to reduce the costs of testing and certification in other markets; - improving coordination and coherence between Community's and Member States Technical Assistance Programmes in order to ensure that partner countries' regulatory regimes are transparent and can better serve external trade objectives; - achieving regulatory cooperation aimed at harmonising regulations and standards with other trading partners. 5. The Council welcomes the general thrust of the recommendations set out in Section V of the Communication and wishes to emphasize the following aspects which in its view should be highlighted in the Community's strategy.

12 A. As regards standards and conformity assessment issues : - The Council welcomes the report of the Committee on Technical Barriers to Trade as adopted by the WTO Ministerial Conference in Singapore in December It further recognises the importance of the triennial review of the operation and implementation of the new Agreement on Technical Barriers to Trade which is due to take place by the end of 1997 and recalls the proposals recently submitted by the Community to the relevant WTO Committee; In this respect it recognises the importance to the elimination of technical barriers to trade of the greater use of international standards and regulations; of a closely defined relationship between WTO and international standardising organisations; of encouraging trading partners to adopt standards and regulatory approaches based on, or compatible with, international and European practice, including the adoption of mandatory regulations in the form of general requirements along the lines of the Community's "new approach" directives; and of promoting arrangements whereby regional and national standardising organisations would agree on cooperation to ensure compatible results with international standardising organisations and to eliminate unnecessary duplication. - When considering whether, and in which circumstances, the Community should be more closely involved in the work of international rule-making/standards bodies, the Council invites the Commission to study the practical impact of such involvement from the angle of the division of competencies between national and European bodies; - The Council considers it essential for the Community to establish further geographical and sectoral priorities. It invites the Commission to provide the necessary elements to enable it to identify such priorities and to reassess periodically these priorities as well as the means to achieve them; B. As regards conformity assessment agreements - The Council stresses that harmonisation initiatives and mutual recognition agreements should each be pursued on its own merits. Nevertheless, in view of the importance industry places on achieving greater international harmonisation of standards and regulations, the Community should ensure that mutual recognition agreements support this goal wherever possible ; - The Council notes that negotiations for mutual recognition of conformity assessment agreements, including European Conformity assessment agreements with the Countries of Central and Eastern Europe (CEECs), will be carried out in line with specific negotiating guidelines as established by the Council. In particular, in the case of European conformity assessment agreements, the Council considers that negotiations should secure the progressive alignment to the acquis communautaire according to an agreed calendar.

13 In addition, the Council invites the Commission to submit an assessment of the potential commercial impact when opening any additional negotiation. Such evaluation should be taken into account for a proper selection of the initial sectors to be covered in those conformity assessment agreements. The Council also expects a timely evaluation of the balanced character of the agreements, both on a commercial level and in terms of market access. C. As regards technical assistance programmes in the fields of standardisation and certification - The Council stresses that technical assistance programmes should be aimed at encouraging international harmonisation of standards and regulations, facilitating mutual recognition, wherever possible, in order to ensure free trade while guaranteeing a high level of health, safety and environmental protection, and strengthening other forms of regulatory cooperation. - The Council emphasizes that European or national organisations and Member States regulatory authorities should be involved to a much greater extent in technical assistance programmes. Greater transparency of bilateral and Community programmes and greater consistency between bilateral and Community programmes should also be ensured to avoid duplication of efforts. In addition, the Council supports the recommendation that Community programmes should provide for their independent review. D. As regards regulatory Cooperation - The Council reaffirms that bilateral action in the field of regulatory cooperation as regards standardisation and certification should be undertaken, without prejudice to international obligations. Such action should aim essentially at increasing transparency and should lay ground for mutual understanding between Parties. This should also facilitate work carried out in the international harmonisation framework. In all cases, there should be appropriate involvement of the Council which should be kept closely informed of the progress and results of any actions undertaken including the definition of sectoral and geographical priorities; - The Council is also of the view that coordination should e strengthened and that a continuous dialogue should be started with the third countries concerned to understand more fully regulatory issues and barriers on major markets and to follow and influence the course of regulatory change. E. As regards the extension of the mandate of the 113 Committee Technical Group The Council instructs the 113 Committee to take all necessary measures to ensure that the Community's external trade policy in the field of standards and conformity assessment is implemented in a comprehensive, coherent and operational way. Such measures should involve a broadening of the existing technical Group's mandate to the extent necessary to ensure this coherent policy.

14 Free circulation of global mobile personal communications by satellite user terminals (GMPCS) The Council authorized the Commission to conduct, on behalf of the Community, negotiations in the context of the Memorandum of Understanding to facilitate arrangements for GMPCS, insofar as they concern matters within Community competence, and in particular the free movement of goods and cross-border services, such as type approval of terminals, marking of terminals and customs arrangements. The Commission shall conduct these negotiations in consultation with the Member States, on the basis of the mandate given to it by the Council. If necessary, as negotiations develop, the Council may adapt these negotiating directives. ECSC Ukraine - Steel products The Council approved the Agreement with the Ukraine establishing a double- checking system without quantitative limits in respect of the export of certain steel products. It equally adopted the Regulation on the management of this system. The Council also gave its assent, pursuant to Article 95 of the ECSC Treaty, to = a draft Commission Decision on the conclusion of an agreement between the ECSC and the Ukraine on trade in certain steel products; = a draft Commission Decision on administering certain restrictions on imports of certain steel products from Ukraine. Russia - Steel products The Council gave its assent, pursuant to Article 95 of the ECSC Treaty, to the Commission decision on the conclusion of an Agreement extending, for the period 1 July to 30 September 1997, the Agreement between the ECSC and Russia on trade in certain steel products. ECOFIN Investment services in the securities field The Council convened the Conciliation Committee under the Article 189b procedure with a view to reaching agreement with the European Parliament on the proposal for a Directive amending Directive 93/6/EEC of 15 March 1993 on the capital adequacy of investment firms and credit institutions and Directive 93/22/EEC of 10 May 1993 on investment services in the securities field. The Council had established that not all Member States could approve the set of ten amendments to its common position of 16 December 1996 (see Press Release 12868/96 Presse 381) proposed by the European Parliament at second reading.

15 JUSTICE AND HOME AFFAIRS Further to the agreement reached at the JHA Council on 26 and 27 May of this year (see Press Release 8318/97 Presse 166) and to the finalization of the texts, the Council formally adopted the Resolution on unaccompanied minors who are nationals of third countries; the Decision on monitoring instruments adopted concerning asylum. The Council also adopted two explanatory reports, one on the Convention on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters, and the other on the Protocol on the interpretation, by the Court of Justice of the European Communities, of the said Convention. The Convention and the Protocol were signed on 26 May of this year (see Press Release 8321/97 Presse 169). FISHERIES Multiannual Guidance Programme IV (MAGP IV )* The Council adopted by a qualified majority, with the French and United Kingdom delegations voting against, a Decision concerning the objectives and detailed rules for restructuring the Community fisheries sector for the period from 1 January 1997 to 31 December 2001 with a view to achieving a balance on a sustainable basis between resources and their exploitation (MAGP IV) (see Press Release 7002/97 Presse 90-G of April 1997).

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