Internet: http://ue.eu.int/NewsroomE-mail: [email protected]
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(OR. fr)
2282nd Council meeting
- GENERAL AFFAIRS -
Brussels, 10 July 2000
Presidents: Mr Hubert VEDRINEMinister for Foreign Affairs
Mr Pierre MOSCOVICIMinister attached to the Minister for ForeignAffairs, with responsibility for European Affairs
of the French Republic
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CONTENTS
PARTICIPANTS................................................................................................................................4
ITEMS DEBATED
WESTERN BALKANS .......................................................................................................................6
− PUBLIC DEBATE......................................................................................................................6
− COUNCIL CONCLUSIONS......................................................................................................7
FOLLOW-UP TO THE FEIRA EUROPEAN COUNCIL ..................................................................8
− IN THE AREA OF THE ESDP AND EXTERNAL RELATIONS...........................................8
− HORIZONTAL ISSUES ............................................................................................................9
RUSSIA – Conclusions ......................................................................................................................11
ZIMBABWE – Conclusions ..............................................................................................................13
BANANAS.........................................................................................................................................14
UNITED NATIONS – EU PRIORITIES...........................................................................................14
IRELA ................................................................................................................................................15
NUCLEAR SAFETY – NUCLEAR POWER PLANT IN TEMELIN (Czech Republic) ................15
INTERGOVERNMENTAL CONFERENCE....................................................................................16
ANNEX..............................................................................................................................................17
ITEMS APPROVED WITHOUT DEBATE
INSTITUTIONS .................................................................................................................................... I− Framework agreement on relations between the European Parliament and the Commission...................................I
EXTERNAL RELATIONS..................................................................................................................... I− Relations with Russia................................................................................................................................................I
− Relations with Moldova.......................................................................................................................................... II
− Relations with Ukraine ........................................................................................................................................... II
− Work plan on the implementation of the Common Strategy on Ukraine................................................................ II
− Association with Romania – Extension for State aid .............................................................................................III
− Association with Lithuania – Extension for State aid ............................................................................................III
− Cooperation Councils with Kazakhstan and Kyrgyzstan.......................................................................................IV
− Dual-use items and technology ..............................................................................................................................IV
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TRADE POLICY................................................................................................................................. IV− Accession of Croatia to the World Trade Organisation .........................................................................................IV
− Accession of Albania to the World Trade Organisation ........................................................................................IV
− Anti-subsidy – Malaysia and the Philippines (stainless steel) ................................................................................V
− Anti-dumping – China (bicycles)...........................................................................................................................VI
− Anti-dumping – Poland (pallets)............................................................................................................................VI
− Anti-dumping – Australia, Indonesia, Thailand (polyester staple fibres) ............................................................ VII
ECOFIN.............................................................................................................................................. IX− Supplementary macrofinancial assistance to Moldova * .......................................................................................IX
JUSTICE AND HOME AFFAIRS........................................................................................................ X− Council Conclusions on the provision of information to national parliaments concerning cooperation in
the JHA field...........................................................................................................................................................X
APPOINTMENTS................................................................................................................................ X− Committee of the Regions ......................................................................................................................................X
− Economic and Social Committee............................................................................................................................X
TRANSPARENCY...............................................................................................................................XI− Public access to Council documents ......................................................................................................................XI
_________________For further information call 02/285.64.23, 02/285.87.04 or 02/285.68.08
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PARTICIPANTSThe Governments of the Member States and the European Commission were represented as
follows:
Belgium :Mr Pierre CHEVALIER State Secretary for Foreign Trade, attached to the Ministry for
Foreign AffairsMr Eddy BOUTMANS State Secretary for Development Cooperation, attached to the
Minister for Foreign Affairs
Denmark :Mr Niels HELVEG PETERSENMr Gunnar ORTMANN
Minister for Foreign AffairsState Secretary for Foreign Affairs
Germany :Mr Christoph ZÖPEL Minister of State, Foreign Affairs
Greece :Mr George PAPANDREOU Minister for Foreign AffairsMs Elissavet PAPAZOÏ Deputy Minister for Foreign Affairs
Spain :Mr Ramón de MIGUEL State Secretary for European Affairs
France :Mr Hubert VEDRINE Minister for Foreign AffairsMr Pierre MOSCOVICI Minister attached to the Minister for Foreign Affairs, with
responsibility for European Affairs
Ireland :Mr Brian COWEN Minister for Foreign Affairs
Italy :Mr Lamberto DINI Minister for Foreign AffairsMr Umberto RANIERI State Secretary for Foreign Affairs
Luxembourg :Ms Lydie POLFER Minister for Foreign Affairs
Netherlands :Mr Jozias VAN AARTSEN Minister for Foreign AffairsMr Dick BENSCHOP State Secretary for Foreign Affairs
Austria :Ms Benita FERRERO-WALDNER Minister for Foreign Affairs
Portugal :Mr Jaime GAMA Minister for Foreign AffairsMr Francisco SEIXAS da COSTA State Secretary for European Affairs
Finland :Mr Erkki TUOMIOJA Minister for Foreign AffairsMr Kimmo SASI Minister for Foreign Trade and European Affairs
Sweden :Ms Anna LINDH Minister for Foreign AffairsMs Lotta FOGDE State Secretary for Foreign Affairs
United Kingdom :Mr Robin COOK Secretary of State for Foreign and Commonwealth AffairsMr Keith VAZ Minister of State, Foreign and Commonwealth Office (Minister
for Europe)
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Commission :Mr Romano PRODI PresidentMr Michel BARNIER MemberMr Franz FISCHLER MemberMr Pascal LAMY MemberMr Poul NIELSON MemberMr Christopher PATTEN MemberMr Günter VERHEUGEN Member
* * *
General Secretariat of the Council :Mr Javier SOLANA Secretary-General/High representative for CFSP
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WESTERN BALKANS
− PUBLIC DEBATE
In his introduction to the debate, the President of the Council said that the choice of subject was
justified by the importance to the EU of stabilisation and development in the region, the scale of the
EU's commitment in political, financial and military terms, and the implications of the numerous
elections due to be held in the countries of the region over the coming months.
The Presidency felt that the debate should highlight the objectives of the Union's policy, namely to
stabilise the region and bind the countries of the Western Balkans (Kosovo, Montenegro, Croatia,
the FYROM, Bosnia and Herzegovina, and Albania) to Europe, adjusting the approach to the
situation in each country, while pursuing efforts to encourage transition to democracy in Belgrade,
since the stabilisation of the whole region depends on developments in the FRY/Serbia. The debate
should also concentrate on the conditions for and stages of, rapprochement with the Union, the
instruments that the Union is setting up to achieve this, and the strengthening of regional
cooperation between the countries concerned.
The debate should also stress the importance of the EU/Western Balkans summit, a meeting
endorsed by the Feira European Council which the Presidency is proposing to hold in the autumn in
Croatia, in order to establish a dialogue at the highest level with the Western Balkan countries
concerned.
The debate enabled Ministers to express their views on the various aspects outlined by the
Presidency for the overall strategy on the Western Balkans and, in particular, on the objectives of
the proposed summit. Most Ministers also gave their opinions as to the most suitable date for
holding the meeting (given the various elections due to be held in the region), and how wide the
circle of participants should be.
Another important subject discussed was the situation in FRY/Serbia and the Union's policy
towards it, including its policy on sanctions.
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− COUNCIL CONCLUSIONS
The Council confirmed the EU's intention to hold a summit meeting between the European Union
and the countries of the Western Balkans in the autumn. This summit meeting will have the
following objectives: to confirm that the countries in this region are bound to Europe; to clarify the
reciprocal commitments between the EU and each of those countries; to remind them that the door
will also be open to a democratic FRY, ready to cooperate and living in peace with its neighbours.
Against this background the summit meeting will provide a chance to confirm the EU's support for
civil society and for the Serbian democratic opposition forces. Recalling the conclusions of the
Feira European Council, the Council invited the Presidency to start work on preparing for and
organising the summit meeting, and to keep it informed of its progress. The Presidency expressed
its intention of inviting Mr Bodo Hombach to the summit meeting and involving him in the
preparations for it.
It is with great concern that the Council noted the revision of the FRY Constitution. It reiterated
its support for the democratically elected authorities in Montenegro, in particular
President Djukanovic, and urged them not to yield to provocation from Belgrade.
The latest developments reinforce the European Union's determination to continue providing
assistance to all those involved in bringing about democratic change in the FRY. In the framework
of its support for Serbian civil society, the Council has decided to extend the suspension of the ban
on flights between the territories of the European Community and the Federal Republic of
Yugoslavia until 31 March 2001. To this end, the Council has invited the competent bodies to
prepare the necessary decisions. As regards economic sanctions, the Council welcomed the
Commission's intention of reaching decisions in July aimed at increasing the number of companies
on the white list and from September of setting in motion a process of consideration in committee
of how to manage and update the list. It will continue to keep the matter of sanctions under regular
review in line with developments.
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FOLLOW-UP TO THE FEIRA EUROPEAN COUNCIL
− IN THE AREA OF THE ESDP AND EXTERNAL RELATIONS
The Council was informed by the Presidency of the timetable of work to be carried out on the ESDP
and external relations 1, with the Nice European Council in view.
The Presidency said that the ESDP was the top priority in its programme. In line with the Feira
decisions, and continuing the process begun in Cologne, the Presidency, with the help of the
Secretary-General/High Representative, would work on various aspects at once:
– drawing up of objectives for the military capabilities agreed in Helsinki, regarding which the
Council as an "A" item took note without debate of an action plan by the Interim Military
Body. (In this context, it should be noted that a Capabilities Commitment Conference is
planned for 20 and 21 November 2000);
– establishment of permanent structures, which would give the Union the necessary capability
to take decisions and act in response to crises. In this context, the Council took note (without
debate, as an "A" item) of a document which would constitute the basis of work in the run-up
to Nice;
– definition of the modalities for incorporating into the EU the functions of the WEU necessary
for the Union to fulfil its responsibilities in the conduct of the Petersberg operations;
– continuation of the work begun on strengthening the civilian aspects of crisis management;
1 In addition to the items on Russia and the Western Balkans, which appeared separately on the
agenda, specifically the Middle East Peace Process, the Northern dimension and theAfrica/Europe Summit, and the adoption of the Common Strategy on the Mediterraneanregion.
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– implementation of the principles and modalities agreed in Feira for the development of
relations with NATO and third countries on military crisis management. Here, the Council
took note (without debate, as an "A" item) of a document setting out the guidelines for
immediate launch of the exploratory phase of the "ad hoc working groups" with NATO (the
four groups would cover the following areas: security issues, collective capabilities goals,
detailed procedures for enabling the EU to access NATO resources and capabilities, and the
definition of permanent arrangements for EU-NATO consultation).
− HORIZONTAL ISSUES
The Council noted the Presidency outline of how it planned to handle the various "horizontal"
issues raised in Feira: enlargement, the Charter of Fundamental Rights, the follow-up to the
Lisbon European Council, and People's Europe with particular reference to food safety and safety at
sea.
The Presidency said it intended its actions to continue the work begun under the Portuguese
Presidency, the many achievements of which the Feira European Council had endorsed.
On enlargement, the Presidency was determined to make substantial progress in the negotiations
with all the applicant countries on the basis of their merits, and bringing into play the principle of
differentiation.
Thus, for the six applicant countries which began negotiations this year, the programme drawn up in
close coordination between the Presidency and the Commission provides for the opening of 4 to
9 chapters per country (42 chapters in all), divided up according to a differentiated approach. As to
the six applicant countries in negotiation since 1998 – for them all the chapters of the acquis are
now open apart from that on Institutions – a new stage in the negotiations should commence,
comprising much more substantive discussions, a challenging approach and a clear framework for
their continuance.
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It is the Presidency's intention to use the report that the Commission is due to submit on
8 November 2000, to gain a precise overview of the situation, in time for the Nice European
Council. This overview would show the progress of the negotiations with each of the twelve
applicant countries, and put into context the main questions outstanding. Such a step would clear
the way for future Presidencies to enter the final stage in the negotiations. In preparation for that
final stage, a policy debate will be held on 20 November in the General Affairs Council, which is
responsible for all the discussions on the enlargement process.
For another of the Presidency's major priorities, the adoption of a Charter of Fundamental Rights,
the aim is to have it proclaimed by the three Institutions at the Nice European Council, in
accordance with the Cologne conclusions. To this end, the text of the Charter should be adopted by
the "Convention" by the end of September, with a view to an initial examination by the
Biarritz European Council on 13 and 14 October. The debate on whether the Charter should be
incorporated into the Treaties should not begin until after the proclamation in Nice, given that the
work of the "Convention" must not prejudge the issue.
In addition, the Presidency indicated – without wishing to be exhaustive – that it would do its best
to satisfy citizens' expectations by attaching particular importance to the matters on the Social
Agenda, services of general interest, implementation of the "e-Europe" Action Plan, the European
areas of knowledge and sport, as well as maritime safety and the setting up of a European Food
Authority.
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RUSSIA – Conclusions
On the basis of the conclusions of the Feira European Council, the Council held a detailed
discussion on the European Union's relations with Russia.
It noted with interest the programme of political and economic reforms presented by the Russian
authorities and hoped that the commitments contained in it would be fully implemented.
As a result of the debate initiated at the GAC on 10 April and of the Feira conclusions, the Council
believes that the time has come to recall the importance of the guidelines established within the
framework of the common strategy for the development of the EU's strategic partnership with
Russia on the basis of shared values. This cooperation must have as its prime objective to support
the rule of law, meeting the democratic requirements of a modern economy and benefiting the
whole of Russian society.
The forthcoming EU-Russia summit will be an important stage in this process of strengthening the
long-term effectiveness of cooperation between the EU and Russia.
The schedule of work for implementing the common strategy – the broad outlines of which were
presented by the Presidency – will be geared towards supporting the institutional and economic
reforms as well as the measures taken to democratise and strengthen civil society and to protect and
develop independent media.
The Council called on the Commission to relaunch preparation of the TACIS indicative programme
for Russia covering the years 2000-2003 and to prepare a proposal for a targeted TACIS action
programme for the year 2000 covering the objectives of support for the abovementioned process of
political, economic and social reform.
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Furthermore, in the light of the development of the situation in Russia and the outcome of the
discussions held by the Commission and the various Council bodies on the long-term direction of
the partnership with Russia, the Council will take fresh decisions on the direction of cooperation
with Russia and on the use of the instruments available.
The European Union's willingness to develop a long-term relationship with Russia presupposes a
confident and demanding dialogue which must be based on common values, in particular respect for
human rights and fundamental freedoms. The European Union remains concerned by the situation
in Chechnya and will continue to raise this issue in the context of its dialogue with Russia. It will
closely monitor Russia's compliance with its specific commitments to set up independent
investigations into human rights abuses and to ensure the safe delivery of humanitarian aid to
Chechnya, and would remind Russia of its obligations within the framework of the Council of
Europe and the OSCE. The European Union attaches particular importance to the rapid return of
the OSCE Assistance Group to Chechnya in order to implement its full mandate there.
In the light of recent events in Chechnya, the European Union reiterates its commitment to the
territorial integrity of Russia and its condemnation of terrorism and the indiscriminate use of force.
The Council underlines that only a political solution can bring about a lasting settlement.
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ZIMBABWE – Conclusions
The Council noted the report of the European observation mission. It noted that, while the election
campaign was marked by violence, large-scale intimidation and procedural irregularities, voting
itself was generally calm on 24 and 25 June. The heavy presence of international observers, led by
representatives of the European Union, contributed greatly to that outcome. The Council urged the
Government of Zimbabwe to prevent a repetition of the acts of violence witnessed by the European
mission prior to the elections, to investigate such incidents and to take every possible legal step
against those responsible for political violence, human rights abuses and fraudulent practices prior
to the elections.
The Council noted that, despite the serious shortcomings in the elections, all the Zimbabwean
political forces had generally accepted the results in the interests of strengthening democracy. It
noted the desire which had thus been expressed for democratic change. It welcomed the new
prospect of open parliamentary debate and called on the future Government to establish a
constructive dialogue with the opposition.
The Council strongly urged the Government of Zimbabwe to tackle the country's economic and
social problems as a matter of absolute priority and in a spirit of cooperation. It hoped that the
Zimbabwean authorities were committed to restoring the confidence of financial backers by
demonstrating their ability to steer their country resolutely on to the path of recovery, reasserting
their respect for human rights, democratic principles and the rule of law. The European Union was
willing to support such action. With regard in particular to the recurrent problem of land reform in
Zimbabwe, the Council called on the Government to work towards a rapid, fair and just solution to
this problem, in accordance with due legal process and on the basis of the principles enunciated at
the 1998 Conference on land reform.
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BANANAS
The Council noted the Commission's report and asked it to examine the possibility of managing the
market using a quota system based on "first come first served". It asked the Commission to report
back after it had investigated the possible solutions, including the tariff solution and its
implications. The Council will decide when it has seen that report.
The Council reiterated its wish to achieve a settlement to this dispute as swiftly as possible in
compliance with WTO rules, with the interests of Community producers and with the Union's
commitments vis-à-vis the ACP countries, in particular the weakest among them.
UNITED NATIONS – EU PRIORITIES
The Council finalised the text of the document stating the Union's priorities for the
55th United Nations General Assembly in September.
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IRELA
The Council discussed the persistent financial difficulties of the Institute for
European-Latin American Relations (IRELA) based in Madrid. It agreed that an informal
ad hoc working party, consisting of representatives of the Presidency, assisted by the Secretariat,
the Commission, the European Parliament and those Member States which were interested, would
try to find a solution to the problems confronting IRELA. The Council would return to the matter
in the light of the outcome of the working party's proceedings.
NUCLEAR SAFETY – NUCLEAR POWER PLANT IN TEMELIN (Czech Republic)
The Council, stressing the importance which it attached to questions of nuclear safety, took note of
a number of concerns raised by the Austrian delegation regarding the inclusion in the nuclear fuel
cycle of the nuclear power plant in Temelin by the Czech authorities.
It was agreed that the question of nuclear safety would continue to be handled in the context of
work on enlargement, particularly with a view to defining the Union's position in respect of a
"high level of nuclear safety" in the applicant countries.
*
* *
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INTERGOVERNMENTAL CONFERENCE
The 6th meeting at Ministerial level of the Intergovernmental Conference was held in the margins
of the Council. It was preceded by the customary exchange of views with the President of the
European Parliament, Ms FONTAINE , and provided an opportunity to see how things stood
following the Feira European Council.
At the ministerial meeting of the IGC, the Presidency outlined its approach to the organisation of
work for the next six months. Except in August, it plans to hold a meeting of the Conference every
week, at either Preparatory Group or Ministerial level. The Presidency has already provided a work
schedule for the Conference up to the Biarritz European Council (see Annex). The aim is to have
tackled all the topics for negotiation in detail before the Biarritz European Council, both at
Preparatory Group and Ministerial level.
The Presidency also organised a working dinner to discuss the overall state of negotiations with
Ministers, and in particular to hear their reactions to a number of possible principles to guide the
Presidency in seeking a final agreement.
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ANNEX
– INTERGOVERNMENTAL CONFERENCE –
TIMETABLE FOR THE FRENCH PRESIDENCY
Meeting Dates Subjects
Preparatory Group Thursday 6 July
Organisation of work (working method,agendas)Weighting of votesQualified majority
Ministerial meeting Monday 10 July Follow-up to Feira European CouncilOrganisation of work
Preparatory Group Friday 14 July CommissionEnhanced cooperation
CONCLAVE Monday 24 July
Weighting of votesQualified majorityCommissionEnhanced cooperation
Preparatory Group Monday 4 September Enhanced cooperationQualified majority
Preparatory Group Monday 11 SeptemberEuropean ParliamentCodecisionCourt of Justice/CFI
Ministerial meeting Monday 18 SeptemberCommissionEuropean ParliamentEnhanced cooperation
Preparatory Group Monday 25 SeptemberQualified majorityCourt of Justice/CFIOther institutions
Preparatory Group Monday 2 October Preparation of the Biarritz EuropeanCouncil
CONCLAVE Sunday 8 October Preparation of the Biarritz EuropeanCouncil
Ministerial meeting Monday 9 October Preparation of the Biarritz EuropeanCouncil
BIARRITZ EUROPEAN COUNCIL Friday 13 and Saturday 14 October
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ITEMS APPROVED WITHOUT DEBATE(Decisions for which statements for the Council minutes have been made available to the public areindicated by asterisks; the statements in question may be obtained from the Press Office.)
INSTITUTIONS
Framework agreement on relations between the European Parliament and the Commission
"The Council has taken note of the framework agreement on relations between the EuropeanParliament and the Commission signed on 5 July 2000. It notes that the two institutions concernedhave taken account of certain points on which it previously expressed concern in its appropriatebodies. It is nevertheless still concerned at the fact that several clauses of the framework agreementprovide for slippage in the institutional equilibrium created by the Treaties. It stresses that theundertakings entered into by those institutions cannot be enforced against it in any circumstances,and it reserves the right to preserve its rights and take any measure appropriate should theapplication of those clauses of the agreement impinge upon the Treaties' allocation of powers to theinstitutions or upon the institutional equilibrium that they create."
EXTERNAL RELATIONS
Relations with Russia
The Council and the Representatives of the Governments of the Member States meeting within theCouncil adopted the Decision on the conclusion of the Protocol to the Agreement on Partnershipand Cooperation between the European Communities and their Member States, of the one part, andthe Russian Federation, of the other part.
The additional Protocol, which was signed on 21 May 1997, will enable Austria, Finland andSweden to become Parties to the Partnership and Cooperation Agreement of 24 June 1994 betweenthe European Communities and their Member States, of the one part, and the Russian Federation, ofthe other part. The Protocol was applied provisionally from the date of the entry into force of themain Agreement, i.e. from 1 December 1997, pending completion of the procedures necessary forits entry into force. That condition has now been fulfilled as all the Member States and Russia haveratified it.
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Relations with Moldova
The Council and the Representatives of the Governments of the Member States meeting within theCouncil adopted the Decision on the conclusion of the Protocol to the Agreement on Partnershipand Cooperation between the European Communities and their Member States, of the one part, andthe Republic of Moldova, of the other part.
The additional Protocol, which was signed on 15 May 1997, will enable Austria, Finland andSweden to become Parties to the Partnership and Cooperation Agreement of 28 November 1994between the European Communities and their Member States, of the one part, and the Republic ofMoldova, of the other part. The Protocol was applied provisionally from the date of the entry intoforce of the main Agreement, i.e. from 1 July 1998, pending completion of the proceduresnecessary for its entry into force. That condition has now been fulfilled as all the Member Statesand the Republic of Moldova have ratified it.
Relations with Ukraine
The Council and the Representatives of the Governments of the Member States meeting within theCouncil adopted the Decision on the conclusion of the Protocol to the Agreement on Partnershipand Cooperation between the European Communities and their Member States, of the one part, andUkraine, of the other part.
The additional Protocol, which was signed on 10 April 1997, will enable Austria, Finland andSweden to become Parties to the Partnership and Cooperation Agreement of 14 June 1994 betweenthe European Communities and their Member States, of the one part, and Ukraine, of the other part.The Protocol was applied provisionally from the date of the entry into force of the main Agreement,i.e. from 1 March 1998, pending completion of the procedures necessary for its entry into force.That condition has now been fulfilled as all the Member States and Ukraine have ratified it.
Work plan on the implementation of the Common Strategy on Ukraine
The Council took note of the Presidency's work plan on the implementation of the CommonStrategy of the European Union on Ukraine.
The Common Strategy was adopted by the Helsinki European Council in December 1999 in orderto strengthen the strategic partnership between the European Union and Ukraine. The EuropeanCouncil also decided that each Presidency should prepare a work plan in order to implement theStrategy.
The French Presidency's work plan, which takes as its basis the main objectives of the Strategy aswell as specific initiatives launched by the previous Presidency and currently being implemented,provides for a number of initiatives, including measures to support the process of economic anddemocratic transition in Ukraine. The Presidency also intends to commence cooperation aimed atensuring stability and security and meeting common challenges on the European continent. ThePlan also proposes support for strengthened cooperation between the EU and Ukraine within thecontext of EU enlargement, particularly in the fields of justice and home affairs and Ukraine'sintegration into the European and world economy.
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Association with Romania – Extension for State aid
The Council adopted a Decision on the position to be taken by the Community within theAssociation Council established by the Europe Agreement signed on 1 February 1994 between theEuropean Communities and their Member States, of the one part, and Romania, of the other part,with regard to the extension for a further period of five years in accordance with the provisions ofArticle 64(4)(a) of the Europe Agreement concluded with Romania, with regard to State aid.
That provision states that, for the purpose of assessing public aid granted by Romania, that countrywill, for the first five years after the entry into force of the Agreement, be regarded as an areaidentical to those areas of the Community covered by Article 92 (now Article 87) (3)(a) of theEC Treaty (i.e. areas where the standard of living is abnormally low or where there is serious under-employment). The Europe Agreement also provides for that period to be extended every five yearsby decision of the Association Council.
As the first period has expired, Romania is requesting a five-year extension. The Commissionconsiders that Romania fulfils the criteria used to determine eligibility of a region for the aidreferred to in Article 87(3)(a) TEC (including per capita GDP less than 75% of the average GDP ofthe Community). The Council therefore proposes that the Association Council grant the requestedextension.
Association with Lithuania – Extension for State aid
The Council adopted a Decision on the position to be taken by the Community within theAssociation Council established by the Europe Agreement signed on 12 June 1995 between theEuropean Communities and their Member States, of the one part, and the Republic of Lithuania, ofthe other part, with regard to the extension for a further period of five years in accordance with theprovisions of Article 64(4)(a) of the Europe Agreement concluded with the Republic of Lithuania,with regard to State aid.
That provision states that, for the purpose of assessing public aid granted by Lithuania, that countrywill, for the first five years after the entry into force of the Agreement, be regarded as an areaidentical to those areas of the Community covered by Article 92 (now Article 87) (3)(a) of theEC Treaty (i.e. areas where the standard of living is abnormally low or where there is seriousunder-employment). The Europe Agreement also provides for that period to be extended everyfive years by decision of the Association Council.
As the first period has expired, Lithuania is requesting a five-year extension. The Commissionconsiders that Lithuania fulfils the criteria used to determine eligibility of a region for the aidreferred to in Article 87(3)(a) TEC (including per capita GDP less than 75% of the average GDP ofthe Community). The Council therefore proposes that the Association Council grant the requestedextension.
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Cooperation Councils with Kazakhstan and Kyrgyzstan
The Council approved the common positions of the Union for the second meeting of theCooperation Councils on 11 July 2000
– EU-KAZAKHSTAN (see Press Release 10175/00 Presse 252) and
– EU-KYRGYZSTAN (see Press Release 10176/00 Presse 253).
Dual-use items and technology
The Council asked the Secretariat to proceed, for the information of European exporters, with thepublication in the "C" series of the Official Journal of the updated index to the items and technologylisted in Annex I to Council Regulation (EC) of 22 June 2000.
The updated index corresponds to the most recently updated version of Annex I to theabovementioned Council Regulation.
TRADE POLICY
Accession of Croatia to the World Trade Organisation
The Council and the Representatives of the Governments of the Member States meeting within theCouncil gave their agreement to the accession of Croatia to the WTO. This joint position will besubmitted by the Commission to the WTO on behalf of the Community and its Member States.
The decision was taken following the ad hoc provisional procedure decided on in July 1995 asregards the accession of Ecuador to the WTO and used since then on several occasions.
Accession of Albania to the World Trade Organisation
The Council and the Representatives of the Governments of the Member States meeting within theCouncil gave their agreement to the accession of Albania to the WTO. This joint position will besubmitted by the Commission to the WTO on behalf of the Community and its Member States.
The decision was taken following the ad hoc provisional procedure decided on in July 1995 asregards the accession of Ecuador to the WTO and used since then on several occasions.
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Anti-subsidy – Malaysia and the Philippines (stainless steel)
The Council adopted a Regulation imposing a definitive countervailing duty and definitivelycollecting the provisional countervailing duty imposed on imports of stainless steel fastenersoriginating in Malaysia and the Philippines and terminating the proceeding concerning imports ofstainless steel fasteners originating in Singapore and Thailand.
By Regulation (EC) No 618/2000 the Commission imposed a provisional countervailing duty onimports into the Community of stainless steel fasteners originating in Malaysia and the Philippines.Having reviewed the provisional findings on the basis of the information gathered since then, itconcluded that the main findings as set out in the Provisional Regulation should be confirmed.
It was confirmed that the imports originating in the two countries concerned, taken in isolation,have caused material injury to the Community industry. Indeed, imports from Malaysia and thePhilippines have impeded the full recovery of the injurious situation of the Community industryfound in the context of the previous anti-dumping proceeding concerning stainless steel fastenersand their low-priced increasing imports have negatively affected the profitability of the Communityindustry.
It was decided to terminate the proceeding as regards imports of stainless steel fasteners originatingin Singapore and Thailand.
A definitive countervailing duty is thus imposed on imports of stainless steel fasteners and partsthereof originating in Malaysia and the Philippines.
The rate of the duty applicable to the net free-at-Community-frontier price, before duty, is asfollows:
Malaysian companies Rate of the duty Taric additionalcode
Tong Heer Fasteners Co. Sdn. Bhd. (referred to as Tong HeerFasteners in Commission Regulation No 618/2000), No 2515,Tingkat Perusahaan 4A, Perai Free Trade Zone, 13600 Perai PulauPenang, Malaysia
1,8% A104
Tigges Stainless Steel Fasteners (M) Sdn. Bhd. (referred to asTigges Stainless Steel Fasteners in Commission RegulationNo 618/2000), Plot 23 & 24, Kinta Free Trade Zone, Jalan KualaKangsar, 31200 Chemor, GPO Box 24, 30700 Ipoh Perak DarulRidzuan, Malaysia
0% A105
All other companies 1,8% A999
Philippine companies Rate of the duty Taric additionalcode
Lu Chu Shin Yee Works Co. Ltd. (referred to as Lu Chu Shin YeeWorks, Ltd. in Commission Regulation No 618/2000), Cavite ExportZone, Rosario, Philippines/Philshin Works Corporation (referred toas Pilshin Works Corporation in Commission RegulationNo 618/2000), Amaya 1, Tanza, Cavite, Philippines
3,5% A106
All other companies 3,5% A999
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Anti-dumping – China (bicycles)
The Council adopted a Council Regulation imposing a definitive anti-dumping duty on imports ofbicycles originating in the People's Republic of China.
In September 1993, the Council imposed a definitive anti-dumping duty of 30,6% on imports ofbicycles originating in China (Regulation (EEC) No 2474/93).
In April 1996, the Commission initiated an investigation into the circumvention of this duty(Regulation (EC) No 703/96), as a result of which the duty was extended in January 1997 to importsof certain bicycle parts originating in China (Council Regulation (EC) No 71/97).
Following the publication of a notice of impending expiry of the anti-dumping measures on importsof bicycles originating in China, the Commission received a request for a review pursuant toArticle 11(2) of Regulation (EC) No 384/96 in respect of the measures.
The Commission sought and verified all information deemed necessary for determining thelikelihood of the continuation or recurrence of dumping and injury, and the Community interest.
On the basis of the facts, and having examined all the arguments submitted by interested parties, itwas concluded that there are no compelling reasons for not maintaining the measures in force onimports originating in China. As the anti-dumping duty in force in respect of complete bicycles hasbeen extended by Regulation (EC) No 71/97 to cover in addition imports of certain bicycle partsoriginating in China, the duty will be maintained as extended by that Regulation.
The rate of the definitive duty applicable to the net, free-at-Community-frontier price, before duty,is 30,6%.
Anti-dumping – Poland (pallets)
The Council adopted a Regulation imposing a definitive anti-dumping duty on certain imports offlat pallets of wood originating in the Republic of Poland.
The Council, by Regulation (EC) No 2334/97, imposed definitive anti-dumping duties on certainimports of flat pallets of wood originating in the Republic of Poland and accepted undertakingsoffered from certain producers in connection with these imports. The producers from whichundertakings were accepted were exempted from anti-dumping duties with regard to imports of onespecific pallet type, the EUR-pallet, which is the only pallet type covered by the undertakings.
Eight new Polish exporting producers having requested the same treatment as the companies whichcooperated in the original investigation but were not included in the sample have provided, onrequest, evidence showing that they meet the requirements set out in Article 4(1) ofRegulation (EC) No 2334/97. The evidence provided by these applicant companies is consideredsufficient to allow Regulation (EC) No 2334/97 to be amended by adding these eight exportingproducers to Annex I of the said Regulation.
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Six of the eight Polish exporting producers which will receive the weighted average duty of 6,3%,also offered undertakings with regard to the EUR-pallet, which were accepted by a CommissionDecision. Consequently, these six companies should be added to Annex II of Regulation (EC)No 2334/97 which contains a list of companies from which the Commission has acceptedundertakings with regard to imports of the EUR-pallet and to which the duty does not, therefore,apply.
Anti-dumping – Australia, Indonesia, Thailand (polyester staple fibres)
The Council adopted a Regulation imposing a definitive anti-dumping duty on imports of syntheticstaple fibres of polyester originating in Australia, Indonesia and Thailand and collecting definitivelythe provisional duty imposed.
By Commission Regulation (EC) No 124/2000 provisional anti-dumping duties were imposed onimports into the Community of polyester staple fibres ("PSF") falling within CN code 5503 20 00and originating in Australia, Indonesia and Thailand.
As a result of a parallel anti-subsidy investigation, provisional countervailing duties were imposedunder Commission Regulation (EC) No 123/2000 on imports into the Community of PSForiginating in Australia, and Taiwan.
In the context of that investigation, Council Regulation (EC) No 978/2000 imposed definitivecountervailing duties on imports originating in Australia, Taiwan and Indonesia.
Following the imposition of provisional anti-dumping duties, several parties submitted comments inwriting. In accordance with the provisions of Article 6(5) of Regulation (EC) No 384/96 (the "basicRegulation"), the parties which so requested were granted an opportunity to be heard. Parties wereinformed of the essential facts and considerations on the basis of which it was intended torecommend the imposition of a definitive anti-dumping duty and the definitive collection, at thelevel of this duty, of amounts secured by way of provisional duty. They were also granted a periodwithin which to make representations subsequent to this disclosure.
The oral and written comments submitted within the deadlines set for that purpose by the interestedparties were considered and, where deemed appropriate, taken into account for the definitivefindings.
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The new arguments received regarding the determination of the Community interest are notconsidered to be such as to reverse the conclusion that no compelling reasons exist against theimposition of anti-dumping measures. The provisional findings are therefore confirmed.
A definitive anti-dumping duty is therefore imposed on imports of synthetic staple fibres ofpolyesters, not carded, combed or otherwise processed for spinning, falling withinCN code 5503 20 00 and originating in Australia, Indonesia and Thailand.
The rate of the definitive duty applicable to the net free-at-Community-frontier price, before duty,for products produced by the companies indicated is as follows:
Country Company Rate of duty TARIC additionalcode
Australia All companies 12,0% –
Indonesia P.T. Indorama Synthetics Tbk,Graha Irama, 17th floor,Jl. H.R. Rasuna Said Blok X-1,Kav. 1-2, P.O. Box 3375,Jakarta 12950, Indonesia
P.T. Panasia Indosyntec,Jl. Garuda 153/74,Bandung 40184, Indonesia
P.T. GT Petrochem Industries Tbk,Exim Melati Building – 9th floor,Jl. M.H. Thamrin Kav. 8-9,Jakarta 10230, Indonesia
P.T. Susilia Indah Synthetic Fiber Industries,Jl. Kh. Zainul Arifin KompleksKetapang IndahBlok B 1 No. : 23,Jakarta 11140, Indonesia
P.T. Teijin Indonesia Fiber Corporation Tbk,5th floor Mid Plaza 1,Jl Jend. Sudirman Kav. 10-11,Jakarta 10220, Indonesia
All other companies
8,4%
14,8%
14,0%
14,0%
14,0%
15,8%
A051
A052
A053
A054
A055
A999
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Thailand Indo Poly (Thailand) Ltd.,35/8 MOO 4, Tambol KhunkaewAmphur Nakhornchaisri, Nakhornprathom 73120Thailand
Teijin Polyester (Thailand) Ltd.,19th floor, Ploenchit Tower898 Ploenchit road, Lumpinee, PatumwanBangkok 10330, Thailand
Teijin (Thailand) Ltd.,19th floor, Ploenchit Tower898 Ploenchit road, Lumpinee, PatumwanBangkok 10330, Thailand
All other companies
15,5%
26,9%
26,9%
27,7%
A056
A155
A155
A999
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
ECOFIN
Supplementary macrofinancial assistance to Moldova *
The Council adopted a Decision providing supplementary macrofinancial assistance to Moldova.
The Council considers that the granting of financial assistance from the Community in the form of along term loan with a substantial grace period is an appropriate measure to support the balance ofpayments and help ease the country's external financial constraints in the current exceptionallydifficult circumstances.
The Decision makes available to Moldova a long-term loan facility of a maximum amount ofEUR 15 million with a grace period of five years and a maximum maturity of ten years, with a viewto ensuring a sustainable balance of payments situation. To this end, the Commission is empoweredto borrow, on behalf of the European Community, the necessary resources that will be placed at thedisposal of Moldova in the form of a loan. This loan will be managed by the Commission in closeconsultation with the Economic and Financial Committee and in a manner consistent with anyagreement reached between the IMF and Moldova.
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JUSTICE AND HOME AFFAIRS
Council Conclusions on the provision of information to national parliaments concerningcooperation in the JHA field
The Council notes with interest the findings contained in the report by the Council Secretariat onthe current practice in the Member States concerning information to national parliaments in the fieldof Justice and Home Affairs, as presented to the Council during its meeting on 29 and 30 May 2000.
In this light, the Council underlines the importance that all institutions and organs apply strictly theProtocol on the role of national parliaments in the European Union which is annexed to the Treatyon European Union and bearing therefore the same legal value as the Treaty itself.
The Council is particularly conscious of the fact that cooperation in the JHA field directly affectsthe citizens of European Union. For this reason, effective involvement of both the EuropeanParliament and national parliaments is essential. To enable national parliaments to fulfil their rolein this process, the agenda for meetings of the Council dealing with implementation of Title IV ofPart Three of the EC Treaty and Title VI of the Treaty of the European Union and any documentsrelating to the items involved need to be available in good time in conformity with the Council'sRules of Procedure and the abovementioned Protocol.
The Council therefore particularly recalls the obligations under Article 3 of its Rules of Procedureas well as statement (b) made in relation to this provision.
APPOINTMENTS
Committee of the Regions
The Council adopted a Decision appointing Mr Jonathan HUISH and Ms Margaret JONESUnited Kingdom alternate members of the Committee of the Regions, to replace Mr John EVANSand Mr Eurig WYN for the remainder of their term of office, which runs until 25 January 2002.
Economic and Social Committee
The Council adopted a Decision appointing Mr Johannes KLEEMANN a member of the Economicand Social Committee, to replace Mr Wolfgang BURKHARD for the remainder of his term ofoffice, which runs until 20 September 2002.
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TRANSPARENCY
Public access to Council documents
The Council approved
– the reply to the second confirmatory application for access to Council documents made byMr Tony BUNYAN in 2000. The Danish, Dutch, Finnish and Swedish delegations votedagainst it.
– the reply to the third confirmatory application for access to Council documents made byMr Tony BUNYAN in 2000 and on the reply to the confirmatory application for access toCouncil documents made by Mr Scott CROSBY. The Danish, Finnish and Swedishdelegations voted against it.
– the reply to the first confirmatory application for access to Council documents made byMr Jelle VAN BUUREN in 2000. The Swedish delegation voted against it.
– the reply to the second confirmatory application for access to Council documents made byMr Jelle VAN BUUREN in 2000. The Danish and Swedish delegations voted against it.
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