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9717/02 (Presse 178) 1

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9717/02 (Presse 178)

2437th Council meeting

��*(1(5$/�$))$,56��Luxembourg, 17 June 2002

President : 0U�-RVHS�3,48(�,�&$036Minister for Foreign Affairs of the Kingdom ofSpain

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,7(06�'(%$7('RESOLUTIONS, DECISIONS AND OPINIONS OF THE EUROPEAN PARLIAMENT ..............6

PROGRESS OF WORK IN OTHER COUNCIL CONFIGURATIONS............................................6

PREPARATION OF THE SEVILLE EUROPEAN COUNCIL

− Preparing the Council for enlargement .......................................................................................7

− Preparation of the World Summit on Sustainable Development (Johannesburg,

26 August - 4 September 2002) - Council conclusions ..............................................................8

− Co-operation with third countries to combat illegal immigration ............................................12

− Enlargement ..............................................................................................................................13

MIDDLE EAST .................................................................................................................................14

INDIA - PAKISTAN..........................................................................................................................14

EU SPECIAL REPRESENTATIVES - AFGHANISTAN................................................................14

ESDP - FINANCING OF OPERATIONS HAVING MILITARY IMPLICATIONS ......................15

IRAN - Council conclusions ..............................................................................................................16

WESTERN BALKANS - Council conclusions .................................................................................18

ZIMBABWE - Council conclusions ..................................................................................................22

INTERNATIONAL CRIMINAL COURT (ICC) - Council conclusions ..........................................23

OTHER BUSINESS

− CFSP financing .........................................................................................................................23

)RU�IXUWKHU�LQIRUPDWLRQ�FDOO����������������������������RU��������������� Where declarations, conclusions or resolutions have been formally adopted by the Council, this is indicated in

the heading for the item concerned and the text is placed between quotation marks.

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,7(06�$33529('�:,7+287�'(%$7((;7(51$/�5(/$7,216− Presidency report to the Seville European Council on ESDP...................................................................................I

− Contribution of CFSP, including ESDP, in the fight against terrorism ....................................................................I

− EU Programme for the Prevention of Violent Conflicts ...........................................................................................I

− Crisis management - co-operation in civil protection assistance intervention ..........................................................I

− Kaliningrad - Council conclusions.......................................................................................................................... II

− Cuba - Council conclusions .................................................................................................................................... II

− Sudan - Council conclusions.................................................................................................................................. III

− Switzerland .............................................................................................................................................................V

− Economic Partnership Agreements with the ACP countries..................................................................................VI

− Fight against terrorism - update of the list .............................................................................................................VI

75$'(�,668(6− Ukraine - Steel products ...................................................................................................................................... VII

− Ukraine, Kazakhstan, Russia - Agreements on trade in certain steel products .................................................... VII

5(*,21$/�32/,&<− First progress report on economic and social cohesion ....................................................................................... VII

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The Governments of the Member States and the European Commission were represented asfollows:

%HOJLXP��Mr Louis MICHEL Deputy Prime Minister and Minister for Foreign AffairsMs Annemie NEYTS State Secretary, attached to the Minister for Foreign Affairs

'HQPDUN��Mr Per Stig MØLLER Minister for Foreign AffairsMr Bertel HAARDER Minister for Refugees, Immigration and Integration and Minister without

Portofolio with responsibility for European AffairsMr Friis Arne PETERSEN State Secretary for Foreign Affairs

*HUPDQ\��Mr Joschka FISCHER Federal Minister for Foreign Affairs and Deputy Federal Chancellor

*UHHFH��Mr George PAPANDREOU Minister for Foreign AffairsMr Anastasios GIANNITSIS Deputy Minister for Foreign Affairs

6SDLQ��Mr Josep PIQUE I CAMPS Minister for Foreign AffairsMr Ramon DE MIGUEL Y EGEA State Secretary for European Affairs

)UDQFH��Mr Dominique GALOUZEAU de VILLEPIN Minister for Foreign Affairs

,UHODQG��Mr Brian COWEN Minister for Foreign AffairsMr Dick ROCHE Minister of State at the Department of the Taoiseach and at the

Department of Foreign Affairs with responsibility for European Affairs

,WDO\��Mr Roberto ANTONIONE State Secretary for Foreign Affairs

/X[HPERXUJ��Ms Lydie POLFER Minister for Foreign Affairs and Foreign Trade

1HWKHUODQGV��Mr Jozias VAN AARTSEN Minister for Foreign AffairsMr Dick BENSCHOP State Secretary for Foreign Affairs

$XVWULD��Ms Benita FERRERO-WALDNER Federal Minister for Foreign Affairs

3RUWXJDO��Mr António MARTINS DA CRUZ Minister for Foreign Affairs and Portuguese Communities AbroadMr Carlos COSTA NEVES State Secretary for European Affairs

)LQODQG��Mr Erkki TUOMIOJA Minister for Foreign AffairsMr Jari VILÉN Minister of Foreign Trade

6ZHGHQ��Ms Anna LINDH Minister for Foreign Affairs

8QLWHG�.LQJGRP��Mr Jack STRAW Secretary of State for Foreign and Commonwealth Affairs

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* * *

&RPPLVVLRQ��Mr Romano PRODI PresidentMr Günter VERHEUGEN MemberMr Christopher PATTEN Member

* * *

*HQHUDO�6HFUHWDULDW�RI�WKH�&RXQFLO��Mr Javier SOLANA Secretary-General/High Representative for the CFSP

* * *

2WKHU�SDUWLFLSDQWV��M. Alain LE ROY EU Special Representative for the Former Yugoslav Republic of

Macedonia

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The Council took note of the resolutions, decisions and opinions adopted by the European

Parliament at its May part sessions in Strasbourg and Brussels.

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As part of its role in coordinating the Council’s activities and ensuring overall consistency, the

Council took note of work underway in other configurations of the Council on the basis of a

Presidency progress report �GRF������������.

The Council noted in particular the importance of the political agreement reached on the directive

on institutions for occupational retirement provisions (the so-called "pension funds directive"), an

important component of the financial services action plan, as well as the final adoption of the

Framework Decision on the European arrest warrant which, with the Framework Decision on

combating terrorism, is a key component of the measures to combat terrorism. It also highlighted

the results achieved in the fields of public contracts, the Regulation on a European cooperative

society and the coordination of social security systems. Comments were also noted in the debate on

the Industry and Energy Council regarding the proposal for a temporary defensive mechanism for

shipbuilding.

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The Council held a wide-ranging debate on measures to prepare the Council for enlargement on the

basis of a report by the Presidency drawn up jointly with the Council Secretary-General. This

report was prepared in the light of consultations with members of the European Council and their

correspondents, as well as a number of written contributions. It sets out suggestions for the Seville

European Council covering the preparation, organisation and conduct of the European Council, the

structure of Council formations, improvements to the functioning of the Presidency and greater

transparency in the Council’s legislative activity.

The Council underlined the need for improved efficiency in its functioning with the prospect of

enlargement. A number of specific points were raised in the debate and noted by the Presidency.

Both the report and observations by delegations will serve as input for the Presidency in preparing

the decisions to be taken by the European Council in Seville.

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In view of the World Summit on Sustainable Development in Johannesburg, the Council held a

wide-ranging debate focusing on the outcome of the fourth meeting of the Preparatory Committee

in Bali (27 May - 7 June 2002) and the strategy on the way forward up to Johannesburg. The

Council was unanimous for the EU to continue to be proactive, to show leadership and to take all

necessary initiatives in view of bridging the gaps and making the Summit a success, while

defending the EU’s position and convictions.

The Council subsequently adopted the following conclusions setting out the EU’s position to be

forwarded to the Seville European Council, which should convey a strong political message to the

Johannesburg Summit.

"THE COUNCIL:

1. REITERATES that all development should be sustainable and, to this end, the WSSD must beseen as part of a process in the search for a Global Deal encompassing also the DohaDevelopment Agenda, the Monterrey Consensus and the World Food Summit Five Years Later.The Council stresses the importance of the international community’s renewed commitment tothe Rio Principles and Agenda 21, to Rio + 5 and to the internationally agreed developmentgoals and targets, in particular those contained in the Millennium Declaration and in all majorUN Conferences and international agreements since 1992.

2. RECALLS the Council Conclusions of 30 May 2002 on the External Dimension of the EU'sSustainable Development Strategy and for the Preparation of the World Summit on SustainableDevelopment, the Council Conclusions of 4 March 2002 on the Preparation of WSSD and theExternal Dimension of the EU Strategy on Sustainable Development, the Council conclusionsof 14 March 2002 on the UN Conference on Financing for Development, both endorsed by theBarcelona European Council of 15-16 March 2002, and the ECOFIN Common Views for theJohannesburg World Summit on Sustainable Development of 4 June 2002.

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3. EMPHASISES that, in accordance with the aforementioned Conclusions of 30 May 2002, theEU wishes to express its determination to exercise leadership and to continue playing a majorrole in global efforts to eradicate poverty and to achieve sustainable development at all levels,integrating its economic, social and environmental dimensions in a balanced and mutuallysupportive way. By the same token, it stresses the need for improved coherence betweeninternal and external policies of the EU, as well as between policy areas, and to encouragereform of subsidies that have considerable negative effects on the environment and areincompatible with sustainable development.

4. STRESSES the EU is willing to putting forward constructive proposals so that WSSD becomesa success. The EU is determined to ensure that WSSD outcomes (Political Declaration, Plan ofImplementation, and Voluntary Partnerships) are mutually supportive and focused in terms ofreinforced commitments by all countries, as well as international institutions, civil society andbusiness.

5. WELCOMES the identification by the UN Secretary General of five priorities for the Summit(water, energy, health, agriculture and biodiversity).

6. TAKES note of the results of the IV Prepcom in Bali, in which progress was made in thenegotiation of the Plan of Implementation, and that consensus has been reached on many of therelevant issues for sustainable development although there remain some key outstanding issuesin the draft Plan of Implementation for the World Summit. It welcomes the fact that countries’positions are getting closer on the following aspects: work programmes, including targets andtimeframes to eradicate poverty, sustainability of consumption and production patterns,conservation and sustainable management of natural and environmental resources, includingbiodiversity and oceans, and strengthening institutional arrangements, including internationalenvironmental governance. It also welcomes the open and frank discussions held in the multi-stakeholder dialogue which contribute to ensuring the full implementation of sustainabledevelopment. The EU appeals to all countries to make concrete efforts towards bridging theremaining differences in the commitments of the international community.

7. CONSIDERS that the Plan of Implementation to be finalised in Johannesburg should beconsistent in terms of work programmes, targets and frameworks, means of implementation,ensure that it is also consistent with the full and timely implementation of the Doha MinisterialDeclaration and the Monterrey Consensus, contain a strong commitment to the respect of humanrights and cultural diversity; recognition of the importance of strengthening governance forsustainable development at all levels, in particular, international environmental governance,including public participation; targets and timeframes (and related policies), especially onsanitation and renewables, as well as on loss of natural resources, reversal of fish stockdepletion, biodiversity loss and chemicals.

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8. UNDERLINES that globalisation should be the treated in a specific chapter in Johannesburgand be addressed in a manner that helps make it work for sustainable development andensures that it benefits and creates new opportunities for all, especially the poorest. There is aneed to recognise that all individuals, in present and future generations, are entitled to live inan environment adequate for their health and cultural, economic and physical well being inharmony with nature. The EU wishes to stress the need for renewed commitment andresponsibility and recalls that sustainable development is an overarching aim for theinternational community.

9. RECOGNISES that the achievement of Millennium Development Goals requires asubstantially increased effort and good governance by individual countries and by theinternational community as a whole. It recalls the commitments made by the EU in theCouncil conclusions on the UN Conference on Financing for Development, agreed by ForeignMinisters on 14 March and endorsed by the European Council in Barcelona�, to significantlyincrease its overall ODA spending, which paved the way for decisions in Johannesburg on thechannelling of strengthened development assistance to promote poverty eradication,sustainable development and the integration of developing economies into the global system.While ODA can play a significant role as a catalyst, other private or public sources of fundingshould be included in the EU initiatives so as to accelerate change and maximise the benefit todeveloping countries.

10. STRESSES that the Political Declaration to be adopted in the Johannesburg Summit shouldinclude a renewed commitment to sustainable development. The EU position should stress theneed to bridge the gap between rhetoric and action in line with the Plan of Implementation.WSSD is an exceptional occasion for reaching a global partnership to work towards generalprosperity, peace and security, based on good governance, including democracy, respect forhuman rights, rule of law, fighting corruption and terrorism, gender equality, soundenvironmental, social and economic policies, respect for and promotion of cultural diversityand dialogue between civilisations, including with indigenous peoples, being all of themnecessary foundations of sustainable development.

� § 13 of the Presidency conclusions from the Barcelona European Council: "… in pursuance of

the undertaking to examine the means and timeframe that will allow each of the MemberStates to reach the UN goal of 0.7% ODA/GNI, those Member States that have not yetreached the 0.7% target commit themselves – as a first significant step – individually toincreasing their ODA volume in the next four years within their respective budget allocationprocesses, whilst the other Member States renew their efforts to remain at or above the targetof 0.7% ODA, so that collectively a European Union average of 0.39% is reached by 2006. Inview of this goal, all the European Union Member States will in any case strive to reach,within their respective budget allocation processes, at least 0.33% ODA/GNI by 2006. …"

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11. STRESSES that in its 30 May Conclusions the EU has decided to make a strong contributionto a positive outcome of the WSSD by taking a further step in the definition of its SustainableDevelopment Strategy, in particular to its external dimension, and by identifying a specific setof key priorities for action at the WSSD. These priorities include, where appropriate, specificEU initiatives for partnerships. The EU moreover will continue to work on possible otherareas, such as governance, and confirms that the EU remains open to discuss proposals whichcould be made by partners or which could emerge from the international debate untilJohannesburg. The EU supports initiating, at the Summit, a process to strengthen sustainabledevelopment governance.

12. CONSIDERS that voluntary partnership initiatives should be grounded in the Plan ofImplementation and the Political Declaration in order to promote an additional participatoryframework that contributes to their effective implementation and thereby help achieve thefurther implementation of Agenda 21, Millennium Development Goals and the outcomes ofthe major UN Conferences and international agreements since 1992. Taking into account thatownership is a precondition for their success, these initiatives should be implemented in theframework of National Sustainable Development Strategies such as where applicable PovertyReduction Strategies, with special attention paid to Africa.

13. STRESSES its willingness to initiate a dialogue with potential partners in accordance with theguiding principles on the partnerships of sustainable development, which it endorses. TheCommission will continue consultations in that regard. The EU recalls that the developmentof partnerships must be driven by the priorities identified by developing countries andcountries with economies in transition in support of their future development. They shouldbuild on existing institutions and structures and in particular identify the benefits to beachieved through regional co-operation such as the New Partnership for Africa’s Development(NEPAD).

14. STRESSES the importance of monitoring and follow up of the WSSD commitments,including those made in the framework of voluntary partnership initiatives, linked to thefollow up of Doha and Monterrey."

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The Council took note of the contributions submitted to the Seville European Council by the Justice

and Home Affairs Council on 13 June and held a wide-ranging debate on immigration policy, which

will be one of the main items for discussion in Seville. The debate focused in particular on how to

cooperate with third countries of origin and transit to jointly combat illegal immigration. The

Council broadly acknowledged the need for developing an all-encompassing and balanced approach

on migration issues integrated into the wider co-operation with partner countries established within

existing or future EU agreements.

While certain concerns were raised about the wording of specific parts of the draft text examined by

the Council, in particular in relation to measures which could be taken in cases of non co-operation

from third countries, the Presidency noted that a broad measure of support existed for the text as

tabled, which will be forwarded as a Presidency contribution to the Seville European Council.

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The Council reached agreement on a framework for handling the issue of direct payments which

will be incorporated in the EU common positions on agriculture, on the following basis:

"The Financial Perspectives agreed in Berlin for the period 2000-2006 did not cover direct

payments in agriculture to the new Member States. However, direct support schemes listed in

Council Regulation (EC) No 1259/1999 and its annex are part of the acquis. A Commission

declaration on this issue is annexed �.

Taking into account that the acquis must be applied to all Member States, with transitional

modalities to be adopted with the candidates in the Treaty of Accession, a decision on the issue of

direct payments must still be taken in order to complete the common position on agriculture.

In accordance with the timeframe agreed in Göteborg and Laeken, this decision will be taken in due

time to comply with the steps and timetable to be agreed in the Seville European Council in relation

with the final phase of the enlargement negotiations, and without prejudging the forthcoming

internal discussions on Community policies."

The Council also heard a report from Commissioner Verheugen on the state of play of the accession

negotiations, including prospects for a solution to the Cyprus problem. It noted the Presidency's

intention to forward a brief note to the Seville European Council on the important progress achieved

in the enlargement negotiations during the previous six months, noting that substantial efforts have

been made by Member States, the Commission and the candidate countries, in particular in view of

the increasing complexity of the issues at stake.

� Declaration by the Commission:

"The Commission recalls that its proposal for the progressive phasing-in of direct paymentsremains valid and the Commission will reintroduce this approach in the draft commonpositions it intends to put forward in the autumn."

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Over lunch, Ministers discussed recent developments in the Middle East and the way ahead, in the

perspective of the Seville European Council. The discussion focused in particular on a possible

international conference and on ways to support Palestinian reform.

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Over lunch, Ministers discussed the tensions between India and Pakistan. While welcoming the

recent improvement, they noted that the situation nevertheless remained precarious.

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The Council agreed on the nomination of Francesc Vendrell as the next EU Special Representative

for Afghanistan, to succeed Klaus-Peter Klaiber, whose mandate expires on 30 June 2002. It

instructed the Permanent Representatives Committee to prepare the necessary decision formally

appointing Mr Vendrell for the period from 1 July to 31 December 2002. �

� A copy of Mr Vendrell’s CV can be obtained from the Press Office.

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The Council approved a general framework for financing operations having military or defence

implications, under Article 28 TEU. This framework defines principles in particular for identifying

of two types of costs:

- common costs, i.e. costs that cannot be allotted to individual States taking part in a crisis

management mission. This covers a number of incremental costs for headquarters for EU-led

operations (such as transport costs, administration, locally hired personnel, communications,

transportation/travel within the operations area of HQs and barracks and

lodging/infrastructure) and for providing support to the forces as a whole (such as

infrastructure and additional equipment);

- all other costs, which will be considered as individual costs and will be financed on a "costs-

lie where they fall" basis.

Moreover, the Council will decide on a case-by-case basis whether transportation of the forces,

barracks and lodging for the forces will be funded in common.

A full review of this framework will take place after a first operation is concluded or by June 2004,

or earlier if necessary, taking into account the lessons learnt from the conduct of operations and

their administration.

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"The Council restates its continued support for the process of reforms in Iran and, in this context,

reaffirms its willingness to strengthen relations between the EU and Iran as agreed in May 2001. To

this end, the Council has reached a political agreement on negotiating directives for a Trade and Co-

operation Agreement with Iran, which is linked to separate instruments on political dialogue and

counter-terrorism. It asks the Commission to take the appropriate steps to launch the negotiations as

soon as the directives have been formally adopted.

The Council reiterates its expectations that the negotiation and conclusion of the agreement will

help develop economic exchanges and co-operation with Iran, and contribute to the continuation of

the process of political and economic reform. The Council expects that the deepening of economic

and commercial relations between the EU and Iran should be matched by similar progress in all

other aspects of the EU’s relations with this country.

The Council wishes to see an intensified political dialogue between the EU and Iran leading to

better understanding between the two parties as well as to significant positive developments in the

areas of concern to the EU as identified by the Council in 1998 :

- The EU calls on Iran to promote and protect human rights and fundamental freedoms,

including through the accession to relevant international conventions and co-operation with

UN mechanisms in this field, as well as through reform of its judicial system.

- Regarding non-proliferation, the EU encourages Iran to sign, ratify and fully implement

relevant international instruments.

- On terrorism, the EU expects Iran to implement fully UNSCR 1373 and to ratify and

implement all relevant UN Conventions.

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- With regard to the Middle East, the EU encourages Iran to exercise its influence in order to

hamper and prevent any action that might jeopardise the chances of returning to a political

process. The European Union encourages Iran to join without reservation the international

consensus on the necessary existence of two States, Palestine and Israel, living peacefully side

by side within secure and recognised borders.

The Council will review progress in these areas.

The EU looks forward to enhance its co-operation with Iran to ensure stability in Afghanistan. The

EU and Iran also have a joint interest in combating drug trafficking and in addressing refugee

problems.

The EU is convinced that the launching of negotiations and progress in these matters of concern

will contribute to strengthen dialogue and co-operation in all the areas mentioned above. These are

interdependent, indissociable and mutually reinforcing elements of the global approach which is the

basis for progress in the EU-Iran relations."

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The Council heard presentations from High Representative Solana on the implementation of the

Serbia and Montenegro Agreement and from EU Special Representative Le Roy on the situation in

the former Yugoslav Republic of Macedonia. It subsequently adopted the following conclusions:

"FEDERAL REPUBLIC OF YUGOSLAVIA

The Council welcomed recent progress in the implementation of the Serbia and Montenegro

Agreement, in particular the establishment of the Constitutional Commission. Work on the new

Constitutional Charter should now start without any further delay. Full and timely implementation

of the Agreement is a decisive element in the realisation of the European perspective of the country.

The European Union remains ready to support these efforts.

Rapid progress on the issues identified at recent meetings of the EU/FRY Consultative Task Force,

in particular towards harmonisation of trade and customs policies and the establishment of a single

market, is critical and should allow the Commission to prepare, in the course of autumn, a

feasibility report on the opening of negotiations for a Stabilisation and Association Agreement.

The Council recalled the essential importance of the fulfilment by the FRY’s of its international

legal obligations, notably full co-operation with ICTY and respect of the Dayton/Paris Accords, as

well as of the affirmation of civilian control over the military for progress on the path towards

European integration.

The Council welcomed the FRY’s assumption of the chairmanship of the South Eastern Europe Co-

operation Process, and expressed the hope that the forthcoming Ministerial meeting due to be held

in Belgrade, would provide further impetus to regional co-operation.

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FEDERAL REPUBLIC OF YUGOSLAVIA/KOSOVO

The Council expressed full support for UN SRSG Mr Michael Steiner’ s decision to declare null and

void the 23 May Kosovo Assembly resolution on “the territorial integrity of Kosovo”. It urged the

Kosovo Provisional Institutions to concentrate their efforts on strengthening the rule of law,

improving the economic situation including job creation and contributing to a secure environment,

thus encouraging the return of refugees and IDPs.

The Council reiterated its full support for the 23 February 2001 FYROM-FRY border agreement

and encouraged UNMIK and the FYROM government to rapidly agree and implement practical

solutions to the problems faced by the affected population.

The Council welcomed the first achievements reached in the framework of the 5 November 2001

UNMIK/FRY Common Document and encouraged further progress. It expressed concern over the

situation in the northern part of Kosovo and called on FRY authorities to encourage and contribute

to unconditional respect for UN authority in all of Kosovo.

FORMER YUGOSLAV REPUBLIC OF MACEDONIA

The Council welcomed the adoption by the FYROM Assembly of the main election law. It looked

forward to the prompt adoption of the remaining Ohrid Framework Agreement (OFA) legislation

scheduled for adoption within the current term of the Assembly.

The Council underlined its expectation that all political parties in FYROM would refrain from

provocations and intimidation during the upcoming election campaign. A free and fair election

campaign would confirm the FYROM’ s European orientation.

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The Council expressed its concern at the failure by FYROM authorities to reach a stand-by facility

agreement with the IMF. It encouraged the authorities to take the necessary steps to overcome

current obstacles.

The Council commended the tireless efforts of the EU Special Representative to FYROM,

Mr Alain Le Roy. The Council instructed its competent bodies to prepare the adoption of the

decision on extending the mandate of the EU Special Representative until the end of 2002.

BOSNIA AND HERZEGOVINA

The Council commended the departing High Representative, Ambassador Wolfgang Petritsch, for

his extraordinary commitment to the development of Bosnia and Herzegovina. Thanks to his

achievements, Bosnia and Herzegovina has become substantially more stable and democratic.

The Council congratulated Lord Ashdown on taking up his functions as new High Representative

and EU Special Representative in Bosnia and Herzegovina. It offered him its full support and

shared the priority given to rule of law - including the fight against organised crime - and the

economy, as well as institution building and return and reconstruction. These are key elements of

the EU Road Map for progress towards European integration.

The Council recalled the importance of full co-operation with ICTY by Bosnia and Herzegovina,

including its entities.

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ALBANIA

The Council, recalling Albania’ s status as a potential candidate for membership, reiterated its

support for Albania’ s European perspective, subject to fulfilment of EU criteria, and welcomed the

commitment of the government of Albania to make further progress on the implementation of key

reforms. In this context, it recalled the importance of strengthening further the country’ s

administrative and judicial capacities as well as fully functioning democratic institutions. The

Council also encouraged Albania’ s continued commitment to regional co-operation.

The Council welcomed the fact that the work on the negotiating mandate for a Stabilisation and

Association Agreement with Albania has been successfully concluded and a political agreement has

been reached on its content. The mandate will be adopted and negotiations opened after the

summer, depending on further progress on the reform agenda and political stability in the country.

ICTY CO-OPERATION

The Council recalled that full co-operation with the International Tribunal for the former

Yugoslavia (ICTY) by all states and parties of the region constitutes both an important factor for

progress along the SA process as well as a non-negotiable requirement of international law. The

Council recalled that access to witnesses and archives were essential elements of co-operation with

the Tribunal. The continuing impunity of Radovan Karadzic and Ratko Mladic, indicted on various

counts of genocide, must end. The Council urged the Governments concerned to spare no effort to

locate these two indictees and to arrest and transfer them to the custody of the International

Tribunal. All individuals who, by their actions or their omissions, might be helping either of them

elude justice are a discredit to their countries. Those who engage in criminal activities to provide

such support must be prosecuted by the authorities."

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"1. The Council continues to be deeply concerned at the deterioration of the situation and the

increasing and dangerous political and social polarisation taking place in Zimbabwe.

2. The Council took note of the report presented by the Troika after its visit to Mozambique,

Malawi and South Africa regarding the situation in Zimbabwe. The European Union believes that

the Southern African Development Community (SADC) has an important role to play and wishes to

seek common ground based on shared values, in order to identify further action that could be taken

to resolve the crisis in Zimbabwe. To this end, the EU will seek to build an enhanced dialogue with

the SADC and other international relevant actors.

3. The Council welcomes the efforts of Nigeria and South Africa to facilitate inter-party

dialogue, regrets the failure of the talks to date and encourages Nigeria and South Africa to continue

these efforts. The EU strongly supports all efforts, aimed at achieving a fully representative future

government in Zimbabwe.

4. The Council will continue to assess developments in Zimbabwe and take measures

accordingly.

5. The Union undertakes to respond generously to UN appeals to address the food and

humanitarian crisis in Zimbabwe and other countries in the region. In the Council’ s view, civil

society, NGOs and other stakeholders should be included in the implementation of this relief.

Furthermore, the EU urges authorities in Zimbabwe to review the land reform process according to

existing UNDP proposals."

���9,�����

9717/02 (Presse 178) 23

(1

,17(51$7,21$/�&5,0,1$/�&2857��,&&����&RXQFLO�FRQFOXVLRQV

"COUNCIL CONCLUSIONS ON THE INTERNATIONAL CRIMINAL COURT (ICC) ANDTHE DRAFT US AMERICAN SERVICEMEMBERS’ PROTECTION ACT (ASPA)

The Council recalls its Common Position on the ICC and welcomes the forthcoming entry into

force of the ICC Statute on 1 July. While respecting the right of the United States to do so, the

Council regrets its decision not to become a party to the Rome Statute establishing the ICC.

The EU expresses its concern about ASPA as currently drafted which would restrict US

participation in UN peacekeeping operations, prohibit transfer of information to the ICC or prohibit

US military assistance to parties to the ICC. These provisions could seriously undermine the work

of the ICC.

The Council is particularly concerned about the current provision authorising the President to use

all means necessary and appropriate to bring about the release of any person who is being detained

or imprisoned by, on behalf of, or at the request of the ICC, including on the territory of EU

Member States.

The Council urges the US Administration to give full weight to these European Union concerns in

considering whether to support ASPA."

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At the request of the Italian delegation, the Council agreed to consider the question of CFSP

financing at a future session.

���9,�����

9717/02 (Presse 178) I

(1

,7(06�$33529('�:,7+287�'(%$7(7KH� GRFXPHQWV� ZKRVH� UHIHUHQFHV� DUH� JLYHQ� DUH� DYDLODEOH� RQ� WKH� &RXQFLOV� ,QWHUQHW� VLWHKWWS���XH�HX�LQW���$FWV�DGRSWHG�ZLWK�VWDWHPHQWV�IRU�WKH�&RXQFLO�PLQXWHV�ZKLFK�PD\�EH�UHOHDVHG�WR�WKHSXEOLF�DUH�LQGLFDWHG�E\�DQ�DVWHULVN�� WKHVH�VWDWHPHQWV�PD\�EH�REWDLQHG�E\� IROORZLQJ�WKH�SURFHGXUHLQGLFDWHG�RQ�WKH�,QWHUQHW�VLWH�RU�IURP�WKH�3UHVV�2IILFH�

(;7(51$/�5(/$7,216

3UHVLGHQF\�UHSRUW�WR�WKH�6HYLOOH�(XURSHDQ�&RXQFLO�RQ�(6'3The Council endorsed the Presidency report to the Seville European Council on the EuropeanSecurity and Defence Policy. The report recalls progress achieved in the last six months in thedevelopment of ESDP, in particular progress towards the first EU-led crisis managementoperations; work on building the capabilities of the EU; work on structures, procedures andexercises; co-operation with NATO, with international organisations and with third countries; andconflict prevention. The report also includes a mandate for the incoming Presidency on furtherwork to develop the ESDP.

&RQWULEXWLRQ�RI�&)63��LQFOXGLQJ�(6'3��LQ�WKH�ILJKW�DJDLQVW�WHUURULVPThe Council endorsed a draft declaration of the European Council on the contribution of theCommon Foreign and Security Policy, including the European Security and Defence Policy, in thefight against terrorism.

(8�3URJUDPPH�IRU�WKH�3UHYHQWLRQ�RI�9LROHQW�&RQIOLFWVThe Council endorsed, for submission to the Seville European Council, the first Presidency reporton implementation of the EU Programme for Prevention of Violent Conflicts adopted at the June2001 Göteborg European Council.

&ULVLV�PDQDJHPHQW���FR�RSHUDWLRQ�LQ�FLYLO�SURWHFWLRQ�DVVLVWDQFH�LQWHUYHQWLRQThe Council adopted a document on the use in crisis management under Title V of the Treaty onEuropean Union, of the Community mechanism to facilitate reinforced co-operation in civilprotection assistance interventions.

The document specifies the conditions under which the Community mechanism established inOctober 2001 can be used to facilitate and support crisis management under Title V. The June 2000Feira European Council identified civil protection in the framework of crisis managementoperations as one of the priority areas in which the EU should reinforce its capabilities in pursuingthe development of ESDP.

���9,�����

9717/02 (Presse 178) II

(1

.DOLQLQJUDG���&RXQFLO�FRQFOXVLRQVThe Council adopted the following conclusions on Kaliningrad:

"In the framework of the joint statement issued by the EU-Russia Summit, the Council takes note ofthe strengthening of our strategic association with the Russian Federation. In connection with thesituation of the Russian region of Kaliningrad after the enlargement of the European Union and,more particularly, with regard to the movement and transit of persons between Kaliningrad and therest of the Russian Federation, the Council instructs the Permanent Representatives Committee andthe Commission to continue their efforts, exploring the options available under the DFTXLV forarriving at a satisfactory solution. This exercise must be conducted in close collaboration withLithuania and Poland, taking account of the legal and practical consequences of enlargement."

&XED���&RXQFLO�FRQFOXVLRQV"The Council took note of the eleventh evaluation of the European Union common position onCuba. Major changes on the part of the Cuban government towards the accomplishment of the aimsof the common position are still lacking. Therefore, the common position remains the basis of theEuropean Union’ s policy towards Cuba and the Council took note of its continued validity.However, the Council noted some positive signs, such as greater religious freedom, the decrease ofpolitical prisoners, the non application of the death penalty for two years and a half and theratification of more UN instruments on human rights. The Council recalling the UNCHR Resolutionof 19 April 2002, invites Cuba to sign the International Covenants on Civil and Political Rights andEconomic, Social and Cultural Rights at the earliest opportunity. The Council noted some recentsigns of increased openness by the Cuban authorities but considered that these are only the firststeps.

The Council reiterated that the objective of the European Union towards Cuba remains theencouragement of a process of transition to pluralist democracy, the respect for human rights andfundamental freedoms, as well as an economic recovery that allows an improvement in the livingstandards of the Cuban people. The Council expects positive steps by the Cuban government, whichwill lead to real reforms towards a political system, based on democratic values. In this sense, theCouncil follows with interest the evolution of the Varela Project, legally based on the constitution,and encourages the Cuban government to consider it as a legitimate initiative since it represents animportant effort to introduce these reforms.

The Council reaffirms that it is essential to deepen the political dialogue resumed between the EUand the Cuban authorities in order to produce tangible results, particularly in the political, economicand civil rights spheres, with the aim of future co-operation based on the respect for democraticprinciples, human rights and the rule of law. The Council considers that the EU should reinforce itsco-operation efforts in the country supporting meaningful economic and legal reform and the civilsociety.

Within the framework of this dialogue, the European Union will continue to monitor the evolutionof the human rights situation and the various initiatives within the constitutional process in Cuba."

���9,�����

9717/02 (Presse 178) III

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6XGDQ���&RXQFLO�FRQFOXVLRQV"The Council welcomes the EU-Sudan political dialogue since the last EU Troika visit to Khartoumin December 2001 and notes the developments registered so far.

The Council underlines that the EU’ s main interest in its relations with the Sudan is the promotionof a peace settlement, and respect for human rights and humanitarian law, as a pre-condition forinternal and regional stability. The EU also aims to pursue the linked issues of democracy, rule oflaw and the alleviation of poverty.

Considering that the continuation of the conflict, and continuing violations of human rights,constitute the main obstacles to social and economic development in Sudan, the Council emphasisesthat the contribution to the peace process should be regarded as a priority by the EU. The EU alsobelieves that respect for human rights in itself would be conducive to peace in Sudan. The regionalmediations are likely to fail without a strong and constant support by the international community.The EU has a key role to play in this regard.

The Council recalls that the political dialogue is the primary means by which the EU's expectationsare communicated to the Government of Sudan and SPLM and by which the EU's awareness isenhanced as to what the Sudanese side can reasonably be expected to achieve.

Therefore, the Council endorses the following EU approach towards Sudan:

1. The main priorities of the EU's policy should be:

- To support the IGAD peace process and other international efforts, in general, and theDeclaration of Principles, in particular, and the convergence of other peace initiativeswith that process.

- To promote the respect of human rights and humanitarian law.

- To promote the rule of law.

- To encourage the transition to democracy.

- Subject to progress towards a peace settlement, to support the process of economic andsocial development through the linkages between relief, rehabilitation and developmentwith a view to alleviating poverty.

2. In order to achieve these objectives and enhance its capacity to influence events, the EUshould adopt the following course of action:

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9717/02 (Presse 178) IV

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2.1. Relations with Government of Sudan

- Continue the political dialogue under Article 8 of the Cotonou Agreementaccording to the specific commitments for 2002 negotiated with the Governmentof Sudan in December 2001, with a view to a progressive normalisation ofrelations with the Sudan, depending on the progress achieved regarding theimplementation of the commitments for 2002. Additional issues of concern mightbe discussed with the Sudanese Government as the dialogue evolves further.

- Ensure that the political dialogue clarifies what the expectations on both sides canbe (including development co-operation), building on the commitments for 2002as well as the conditions for resumption of aid.

- Develop with the Government of the Sudan regular joint assessments on theprogress achieved in implementing the commitments for 2002.

- React in an encouraging way to concrete actions by the Government of Sudan andsubsequent results with regard to issues and benchmarks discussed in theframework of the political dialogue, with special attention to those actions thatcontribute to the peace process and to the consolidation of developments in thecommitments made for 2002.

2.2. Relations with the South

- Increase and develop contacts with the SPLM/A taking into account their de factocontrol of several regions of the Sudan and encourage them to participate fully incurrent peace efforts, with a view to achieving a lasting political settlement and acomprehensive cease-fire.

- Develop an even-handed dialogue with the North and the South, in parallel withthe political dialogue in a spirit of positive engagement.

2.3. Relations with non-State actors

- Promote the dialogue with and between Non-State Actors both in North and SouthSudan, with a view to associating them fully in the political dialogue with respectto the peace process.

2.4. Peace process

- Underline the EU’s appeal for a comprehensive cease-fire as part of acomprehensive and just peace negotiation process, with particular emphasis on thenecessity to build on the cease-fire between the Government of Sudan and theSPLM/A in the region of the Nuba Mountains. Such cease-fires, effectivelymonitored by international observers and accepted by both parties, should also bepromoted elsewhere in Sudan within the context of the IGAD peace process ingeneral and the Declaration of Principles in particular.

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9717/02 (Presse 178) V

(1

- Emphasise the need for broad humanitarian-related assistance in the areas ofhealth, education, food security and demining.

- Stress that, in order to achieve an all-embracing process towards a comprehensivesettlement of the Sudanese crisis, all the international parties that are acting tobring peace in Sudan should engage in a constructive dialogue and co-operation inorder to maximise their efforts.

- Co-ordinate all EU diplomatic activities and efforts in support of the settlement ofthe civil conflict in the Sudan, in particular, with IGAD, the US and within theIGAD Partners Forum.

- Promote the elaboration of a common, coherent international and regionalapproach to the peace process in which the many different peace-initiatives areincluded."

6ZLW]HUODQGThe Council adopted four decisions authorising the opening of negotiations with Switzerland infour sectors: implementation of the Schengen acquis, Dublin, the establishment of a free tradeagreement on services and an agreement in the audiovisual field. Furthermore, the Council and theCommission agreed, in conformity with the EU/Switzerland Joint Declaration on the occasion ofthe signature of the seven agreements on 21 June 1999, to prepare negotiations with Switzerland toallow for a Swiss participation in the next programme cycle on education, training and youth. TheCommission will look into the possibility of setting up practical arrangements for the presentprogramme cycle.

In this context, the Council also approved the following conclusions:

"The Council, on the occasion of the adoption of the four new negotiating mandates, recalls itsconclusions of 15 April 2002 and in particular that it expects the Swiss authorities to engage now innegotiations on taxation of savings and that it also urges the Swiss authorities to work towardssubstantial progress in the current negotiations regarding combat against fraud based on theCommunity DFTXLV. The Presidency and the Commission are invited to pursue early contact at asenior political level with the Swiss authorities to this end".

���9,�����

9717/02 (Presse 178) VI

(1

(FRQRPLF�3DUWQHUVKLS�$JUHHPHQWV�ZLWK�WKH�$&3�FRXQWULHVThe Council adopted a recommendation authorising the Commission to negotiate EconomicPartnership Agreements with the ACP countries and regions.

The conclusion of new WTO compatible trading arrangements with progressive removal of tradebarriers and enhancing co-operation in all areas relevant to trade was provided for in the CotonouAgreement. Negotiations should be formally launched on 27 September in Brussels. Entry intoforce of the first agreements is scheduled as from 1 January 2008.

The objectives of the future trading arrangements with the ACP States are the smooth and gradualintegration of ACP States into the world economy and the eradication of poverty. The envisagedEconomic Partnership Agreements are regarded as a tool for development and, by the same token,WTO compatible. They should include a broad range of provisions on trade in goods and services,capital movements and trade related areas, and build on existing regional integration initiatives.They are also aimed at realising the potential of ACP states and regions to deepen regionalintegration, to enhance regulatory and institutional reforms and to improve the competitiveness oftheir economies. The objective is to fully integrate the EPAs in the EU’s development co-operationstrategies and to allocate adequate resources in national and regional programmes for that purpose.

)LJKW�DJDLQVW�WHUURULVP���XSGDWH�RI�WKH�OLVWWith a view to updating the list of terrorist organisations and persons linked to terrorist activities,which was first adopted on 27 December 2001 and updated on 2 May 2002, and which is reviewedat regular intervals, the Council adopted:

- a Common Position (2002/462/CFSP) updating Common Position 2001/931/CFSP on theapplication of specific measures to combat terrorism and repealing Common Position2002/340/CFSP,

- a Decision (2002/460/CE) implementing Article 2(3) of Regulation (EC) No 2580/2001 onspecific restrictive measures directed against certain persons and entities with a view tocombating terrorism and repealing Decision 2002/334/EC.

These acts are published in the Official Journal L 160 on 18 June 2002 (http://europa.eu.int/eur-lex/), which is when the updated list will be made public.

���9,�����

9717/02 (Presse 178) VII

(1

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8NUDLQH���6WHHO�SURGXFWVThe Representatives of the Governments of the Member States, meeting within the Council,adopted a decision amending Decision 2001/933/ECSC on certain measures applicable with regardto Ukraine concerning trade in certain steel products covered by the ECSC Treaty (autonomousquota system). �'RF������������It amends the respective Decision for autonomous Community quotas applicable with regard toUkraine, which entered into force on 1 January 2002, and reduces the quantitative limits providedherein to the levels which existed prior to the initialling of the new bilateral Steel Agreement withUkraine on 7 December 2001. The decision furthermore extends the validity by six months up to31 December 2002.

8NUDLQH��.D]DNKVWDQ��5XVVLD���$JUHHPHQWV�RQ�WUDGH�LQ�FHUWDLQ�VWHHO�SURGXFWVThe Council gave its assent pursuant to Article 95 of the ECSC Treaty to:

= three draft Commission Decisions on the conclusion of an agreement on trade in certain steelproducts between the European Coal and Steel Community and the governments of theRepublic of Ukraine, the Republic of Kazakhstan and the Russian Federation respectively,

= three draft Commission Decisions on administering certain restrictions on imports of certainsteel products from Ukraine, Kazakhstan and Russia respectively.

The Council accordingly agreed that the Commission should start the procedures required forformal conclusion of the Agreements on steel products initialled on 7 December 2001 for Ukraine,on 5 February 2002 for Kazakhstan and on 7 March 2002 for Russia.

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)LUVW�SURJUHVV�UHSRUW�RQ�HFRQRPLF�DQG�VRFLDO�FRKHVLRQFollowing an initial debate in the General Affairs Council on 18 February 2002, the Councilendorsed the Commission’s first progress report on economic and social cohesion subject todelegations’ comments and views following an examination of the report by the Working Party onStructural Measures.

This report has been prepared in fulfilment of the Commission’s commitment to keep the Councilregularly informed on progress in cohesion in Europe. It updates the data contained in the reportpresented in January 2001 and includes, for the first time, an analysis of disparities in a Union of 25and summarises the debate among EU institutions, Member States, candidate countries, regions andnon-governmental organisations on future cohesion policy after enlargement.

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