6941/03 (Presse 63)

GENERAL AFFAIRS AND EXTERNAL RELATIONS *

2495th Council meeting

- EXTERNAL RELATIONS -

Brussels, 18 March 2003

President : Mr Giorgos PAPANDREOU Minister for Foreign Affairs of the Hellenic Republic

* The 2496th session on General Affairs is the subject of a separate press release (doc. 6942/03 Presse 64)

Internet: http://ue.eu.int/ E-mail: [email protected] 6941/03 (Presse 63) 1 EN 18.III.2003

CONTENTS 1

PARTICIPANTS...... 4

ITEMS DEBATED

EFFECTIVENESS OF THE UNION'S EXTERNAL ACTIONS...... 5 WIDER EUROPE œ NEW NEIGHBOURHOOD...... 6 WESTERN BALKANS- Council Conclusions ...... 7 ESDP - OPERATION IN THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA - Council Conclusions ...... 8 MIDDLE EAST ...... 8 HUMAN RIGHTS ...... 9 œ CHR 59 - Council Conclusions ...... 9 œ IRAN - Council Conclusions...... 11 œ CHINA - Council Conclusions...... 13 EU œ RUSSIA RELATIONS...... 16 NORTH KOREA ...... 16 ANTI-DUMPING ...... 16 WTO NEGOTIATIONS IN THE FIELD OF SERVICES...... 16

ITEMS APPROVED WITHOUT DEBATE

EXTERNAL RELATIONS œ Relations with Estonia - new agricultural concessions...... I

œ Relations with Hungary - new mutual agricultural concessions...... I

œ Relations with - regional aid map...... I

œ EU-Mexico Joint Council...... I

1 D 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. D The documents whose references are given in the text are available on the Council's Internet site http://ue.eu.int. D Acts adopted with statements for the Council minutes which may be released to the public are indicated by an asterisk; these statements are available on the above mentioned Council Internet site or may be obtained from the Press Office.

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œ EU-Chile Association Council ...... II

œ Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama...... II

œ Bolivia, Colombia, Ecuador, Peru and Venezuela ...... II

œ EU-US Agreement on customs co-operation ...... V

ESDP œ Council Resolution on standardisation in the field of armaments ...... V

œ ESDP - Dialogue and cooperation between the EU and Mediterranean partners...... VI

GENERAL AFFAIRS œ Report on the progress achieved by the European Union in 2002...... VI

œ Working methods for an enlarged Council - Code of conduct...... VI

JUSTICE AND HOME AFFAIRS œ EUROPOL audit report and discharge for 2001...... VII

ANTIDUMPING œ Imports of Rubber Grade Carbon Black originating in Egypt and Russia...... VII

EDUCATION, YOUTH AND CULTURE œ Contribution to the European Council meeting on 21 March 2003...... VIII

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PARTICIPANTS The Governments of the Member States and the European Commission were represented as follows:

Belgium : Mr Louis MICHEL Deputy Prime Minister and Minister for Foreign Affairs Ms Annemie NEYTS Minister, attached to the Minister for Foreign Affairs, with responsibility for Agriculture

Denmark : Mr Poul Skytte CHRISTOFFERSEN Ambassador, Permanent Representative

Germany : Mr Joschka FISCHER Federal Minister for Foreign Affairs and Deputy Federal Chancellor

Greece : Mr Giorgos PAPANDREOU Minister for Foreign Affairs Mr Anastasios GIANNITSIS Deputy Minister for Foreign Affairs

Spain : Ms Ana PALACIO VALLELERSUNDI Minister for Foreign Affairs France : Mr Dominique de VILLEPIN Minister for Foreign Affairs Ms Noëlle LENOIR Minister attached to the Minister for Foreign Affairs, with responsibility for European Affairs

Ireland : Mr Brian COWEN Minister for Foreign Affairs

Italy : Mr Franco FRATTINI Minister for Foreign Affairs

Luxembourg : Ms Lydie POLFER Minister for Foreign Affairs and Foreign Trade

Netherlands : Mr Tom de BRUIJN Ambasador, Permanent Representative

Austria : Ms Benita FERRERO-WALDNER Federal Minister for Foreign Affairs

Portugal : Mr António MARTINS da CRUZ Minister for Foreign Affairs and Portuguese Communities Abroad

Finland : Mr Erkki TUOMIOJA Minister for Foreign Affairs Mr Alec AALTO State Secretary

Sweden : Ms Anna LINDH Minister for Foreign Affairs

United Kingdom : Mr Denis MACSHANE Parliamentary Under Secretary of State, Foreign and Commonwealth Office

* * * Commission : Mr Poul NIELSON Member Mr Christopher PATTEN Member * * * General Secretariat of the Council : Mr Javier SOLANA Secretary-General/High Representative for the CFSP

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ITEMS DEBATED

EFFECTIVENESS OF THE UNION'S EXTERNAL ACTIONS

The Council held its third annual orientation debate on how further to improve the effectiveness and coherence of the Union's external actions, on the basis of contributions by the Presidency, the Commission and the Council Secretariat. Discussions focused on issues such as improving the management of external assistance; priorities and the allocation of resources; making external spending more responsive; and improving the financing of CFSP. After the discussion, the Presidency noted the progress made in the reform of external assistance, as well as the following issues for further work:

• the importance of "new" themes such as migration, terrorism and sustainable development; • the need for continued and enhanced co-ordination on the ground between the Commission and Member States and with other donors; • the need to improve the political visibility of EU external action; • the importance of poverty focus; • the desirability for the Commission to make proposals on how arrangements for dealing with thematic/horizontal priorities could be made clearer and more transparent; • the need for the General Affairs and External Relations Council to play a greater role in decisions on allocations under category IV of the EU budget; • the wish for the Commission to make proposals on improving the coordination betwen pillars; • the invitation to the Commission to make proposals on unallocated expenditure and means to simplify procedures to enable accelerated action; • the necessary management reforms to be introduced in the EDF (European Development Fund).

The Council instructed the Permanent Representatives Committee to carry work forward on this dossier.

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WIDER EUROPE œ NEW NEIGHBOURHOOD

The Council welcomed the Commission Communication "Wider Europe - Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours" as well as a contribution by Secretary-General / High Representative Solana. On this basis, it had an orientation debate on the general principles of this initiative, after which the Presidency noted as preliminary elements:

• the emphasis placed by several speakers on the principle of differentiation of the relationship (different models to be applied to the different countries considered); • but also the fact that the approach to these countries was guided by common concerns, including the question of basic values (human rights, democracy, rule of law); • the fact that similar issues had to be addressed in these countries (including migration, organised crime, market issues, sustainable development); • the fact that the initiative should be seen as separate from the question of EU membership.

The Council tasked its relevant bodies to continue preparatory work on this issue in view of the next General Affairs and External Relations Council meeting on 14-15 April and in the perspective of the enlarged meeting of the European Conference in Athens in 17 April.

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WESTERN BALKANS- Council Conclusions

The Council held a discussion and adopted the following Conclusions:

"The Council was deeply shocked by the assassination of the Serbian PM Zoran Djindjic. This atrocious act of violence demonstrated in a most appalling way the danger to democracy and European values posed in this region by all forms of extremism and organised crime. The EU praises the determination of the authorities to continue along the policy defined by the late PM, and to bring the perpetrators to justice.

The Council is confident that such events, no matter how tragic and painful, will not, in any way, adversely affect the course of the new state Union of Serbia and Montenegro towards the further enhancement of a sound and fully functional democratic system. In light of today‘s circumstances, it trusted that the authorities in the country would continue to implement the Constitutional Charter fully and effectively, thus preventing any possible derailment of the political process. The future of Serbia and Montenegro is within the EU. In this context, the Council recalled that the early adoption of the Internal Market and Trade Action Plans would allow the launching of a Feasibility Study on the opening of negotiations for a Stabilisation and Association Agreement.

The Council also urged all parties concerned to keep contributing to the safeguarding and further enhancement of political stability in the region, which is not to be jeopardised by such provocative acts. Regional stability will remain a top priority for the EU, which, on its part, will spare no effort for its consolidation.

The recent tragic developments showed the urgent need for more and better co-ordinated efforts to carry out the necessary reforms in all fields, notably the fight against organised crime and corruption, and the democratisation of state structures. The progress so far achieved in this respect should be safeguarded and further consolidated.

Full co-operation with ICTY is also essential for the consolidation, in all countries concerned, of well functioning democratic institutions. Welcoming the relevant concrete actions led by the High Representative/EU Special Representative Ashdown in Bosnia and Herzegovina, the Council urged all countries and parties concerned to redouble their efforts to this end. Against this background, the Council will examine the possibility of supporting the efforts by countries and parties concerned through relevant EU measures.

The Council reiterated its strong determination to continue to assist by economic and political means the new leadership of Serbia and Montenegro in its difficult task to implement all the needed reforms and to rapidly further advance towards European structures and notably the EU, for the benefit of the people of Serbia and Montenegro, its immediate neighbourhood and, ultimately, the whole of Europe.

The Council supports the rapid accession of Serbia and Montenegro to the Council of Europe on the basis of the commitments requested by the Council of Europe."

* * * Over dinner, Ministers had a discussion with the Minister of Foreign Affairs of Serbia and Montenegro, Goran SVILANOVIC, on the situation in the country following the assassination of Prime Minister DJINDJIC.

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ESDP - OPERATION IN THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA - Council Conclusions

"Following the conclusions of the European Council of Copenhagen and as requested in a letter by President Trajkovski, the Council has taken the decision to launch a military operation in the former Yugoslav Republic of Macedonia, based on UNSCR 1371. This operation follows the NATO operation which, as decided by the North Atlantic Council, will end on 31 March. The European Union expressed its appreciation for the role played by the NATO military force in the former Yugoslav Republic of Macedonia since its inception in August 2001.

The Council adopted the Operation Plan (OPLAN) and agreed the Authorisation of Rules of Engagement for this operation. The Council welcomed the participation of fourteen third States.

At the request of the authorities of the host country, the anticipated duration of the operation is six months. This operation is part of the larger commitment of the E.U. to the former Yugoslav Republic of Macedonia and to its rapprochement with the E.U. within the Stabilisation and Association process.

The operation makes use of NATO assets and capabilities. This was made possible following the completion of the work on the different issues concerning the relations between the EU and NATO. In this context, an exchange of letters took place between the Secretary General/High Representative of the EU and the Secretary General of NATO. This exchange of letters constitutes the framework of the strategic partnership between the EU and NATO in crisis management, in full conformity with the principles agreed at successive meetings of the European Council. The Council welcomed the arrangements agreed between the EU and NATO

The Council underlined the valuable contribution of the SG/HR to this outcome."

MIDDLE EAST

"The Council expressed its deep concern about the ongoing violence and the continued loss of life, and emphasised the need to reinvigorate the Middle East Peace Process through the immediate publication and implementation of the roadmap, as endorsed by the Quartet on 20 December 2002 in Washington. In this spirit the Council welcomed President Bush's remarks of 14 March 2003 committing himself to the implementation of the roadmap. It also welcomed the steps taken towards the appointment of a Palestinian Prime Minister. With a new Israeli government in place, this offers a fresh opportunity for necessary progress. The Iraqi crisis should not delay the peace process."

Over dinner, Ministers discussed the Iraqi crisis in the light of the recent developments.

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HUMAN RIGHTS

œ CHR 59 - Council Conclusions

The Council adopted the following Conclusions:

"1. At the start of the 59th session of the UN Commission on Human Rights (CHR), the Council examined and endorsed the EU position for action in that forum, which constitutes a major element of its policy in favour of the promotion and protection of Human Rights. On this occasion, the Council reaffirmed that Human Rights constitute a fundamental component of the external action of the European Union. The EU is therefore determined to continue to play, in cooperation with other participants, a major role at the CHR, which the Council considers to be the primary UN body for the promotion and protection of Human Rights around the world. The EU will contribute to ensuring that the CHR acts as effectively as possible in the pursuit of those goals. The Council stressed that the EU will approach this task in a spirit of commitment and dialogue. It underlined the eminent role played by the UN High Commissioner for Human Rights.

2. The Council fully reaffirmed the commitment of the EU to the principles of liberty, democracy, equality, respect for all Human Rights, fundamental freedoms and the rule of law. The Council recalled the attachment of the European Union to the permanent duty of all states to protect and promote Human Rights, fundamental freedoms and humanitarian law and to comply with international obligations in these matters. The Council reaffirmed its full conviction that the fight against terrorism must respect Human Rights and the rule of law.

3. In this context, the Council underscored the importance of its conclusions of 25 June 2001 on the main principles which continue to guide the EU policy in the field of Human Rights and democratisation and recalled its endorsement, on 10 December 2002, of the practical measures for achieving these objectives. The Council reaffirmed its commitment to ensure that the activities and initiatives of the European Union in this important field will remain fully consistent with agreed methods and objectives.

4. Consistent with its strong will of assuring openness and transparency in the EU policy in the field of Human Rights, the Council expressed its satisfaction for the dialogue engaged with the European Parliament, as well as civil society in the perspective of the 59th session of the CHR. In that respect, the Council reiterated the importance it attached to the participation of Non-Governmental Organisations in the Commission's work.

5. The Council emphasized the need to further intensify existing contacts, especially through the twinning process, with the Acceding States.

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6. The Council noted that the EU will present a significant number of geographic and thematic initiatives at the CHR, including on the issue of the death penalty, the rights of the child and the Human Rights situation in a number of countries. The Council recalled the importance it attaches to the dialogue with Third Countries in the Human Rights field. It stressed the will of the EU to develop, without compromising its principles, means of concertation and cooperation with all states, members or observers at the CHR, so as to ensure a successful outcome of the session.

7. The Council encouraged an in-depth follow-up of the decisions and resolutions adopted at the CHR during the time between sessions. It is an imperative condition to achieve progress in the respect of Human Rights and fundamental freedoms. In this regard, the Council expressed the wish to see all member states of the United Nations cooperate with the special rapporteurs and working groups of the CHR. The Council recalled that the EU stands ready to accept visits of the special rapporteurs of the CHR whenever they request to visit a member state.

8. The Council noted with satisfaction the formal adoption by the General Assembly of the United Nations, on 18 December 2002, of the Optional Protocol to the Convention Against Torture, which was elaborated within the framework of the CHR and strongly supported by the EU. It also welcomed the start of negotiations, within the framework of the CHR, on a legally binding instrument against enforced disappearances.

9. The Council reaffirmed its commitment to the International Criminal Court (ICC) as an essential means for promoting respect for International Humanitarian Law and Human Rights, and to the fight against impunity for the perpetrators of the most serious crimes of concern to the International Community as a whole."

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œ IRAN - Council Conclusions The Council adopted the following Conclusions on Iran/human rights

"1. The Council, recalling its 21 October 2002 conclusions, considered the developments in the EU-Iran human rights dialogue in the light of the human rights situation in Iran at the start of the 59th session of the UN Commission on Human Rights ("CHR").

2. The Council welcomed the commitment expressed by the government of Iran to strengthen respect for human rights in the country and to promote the rule of law. The Council remained deeply concerned, however, by continuing serious violations of human rights in Iran. The situation with regard to freedom of opinion and expression was still troubling, particularly the continuing attacks against the freedom of the press, including the recent suspension of several reformist newspapers; the imprisonment of journalists, students and intellectuals; and the fact that prison sentences have been upheld against Members of Parliament for peacefully expressing their views.

3. The Council recalled its longstanding and firm position against the use of the death penalty. Furthermore, the Council expressed serious concern about executions continuing to be carried out in apparent absence of respect for internationally recognised safeguards. The practice of public executions was particularly to be regretted. The Council was equally concerned by the use of torture and other forms of cruel, inhuman and degrading punishment in Iran, and regretted the recent rejection by the Guardians' Council of the Majlis' revised draft bill implementing the prohibition on torture laid down in Article 38 of the Iranian Constitution.

4. The Council urged the government of Iran to speed up the process of reform of the system of administration of justice in Iran, regretting the continued absence of due process of law and the prosecution of lawyers acting in defence of their clients. The continued violations of the human rights of women, and the discrimination, in law and in practice, against women and girls, were also noted with concern by the Council. It regretted moreover that discriminatory practices continue against persons belonging to religious minorities, and drew particular attention in this regard to the treatment of Baha'is, whose faith is not recognised by the Iranian Constitution.

5. The visits of the thematic special procedures of the CHR represent an important step towards improvement in the protection and promotion of human rights in Iran, provided that their recommendations are implemented. The Iranian government's standing invitation to these thematic special procedures, after years of refusal to allow any visit by the Special Rapporteur for Iran, is a welcome development, as is its engagement in unconditional dialogue on human rights with, inter alia, the EU. The Council congratulated the Iranian government on its co- operation with the Working Group on Arbitrary Detention when that body visited Iran in February 2003. The Council noted with satisfaction that a visit by the Working Group on Enforced Disappearances has been arranged for June 2003 and that efforts are being made to arrange visits later this year by the Special Rapporteurs on Freedom of Expression and on Violence against Women, provided, in the case of the latter, that a new Rapporteur is appointed. It is to be hoped that full co-operation will be extended to all these special procedures and that visits by others will be arranged in the near future.

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6. The Council encouraged the serious efforts by the Majlis and its "Article 90 Commission" to complement the work carried out by the Islamic Human Rights Commission to enhance the human rights situation in Iran. The Council welcomed the recent decisions to re-establish the office of Prosecutor and to separate the civil and penal tribunals as much needed progress towards guaranteeing due process of law in Iran. The Council took due note of the de facto moratorium on the imposition of sentences to death by stoning as a first step towards abolition of this practice, and urged the government of Iran to establish a moratorium on all executions with a view to their eventual abolition. The Council encouraged the efforts being made to have legislation passed which will permit Iran to ratify without reservations the Convention on the Elimination of all forms of Discrimination Against Women, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

7. The Council reaffirmed that the human rights dialogue with Iran, the last round of which was held on 14-15 March 2003, is one of the means by which the EU can work to improve the human rights situation in the country. This dialogue is, however, an acceptable option only if sufficient progress is achieved and reflected on the ground. The Council noted with approval that the second round of the dialogue, which focused on the themes of fair trial and the rule of law, was held in the same open and constructive atmosphere as the first, which had covered the themes of discrimination and the eradication and prevention of torture. The Council welcomed the broad range of participants in the Iranian delegation, including representatives of NGOs and the Islamic Human Rights Commission, academics, MPs, members of the judiciary, officials from the Ministry of Foreign Affairs and a representative of the President's Office. The Council believes that this broad participation, demonstrating the engagement on the Iranian side, can have a positive impact on improvements in the situation of human rights on the ground.

8. The Council further reaffirmed its position of principle whereby the establishment of a dialogue is without prejudice to the tabling of a resolution at the CHR or at the Third Committee of the United Nations General Assembly. It recalled that, pursuant to its 17 June 2002 conclusions, the actual situation of human rights on the ground in Iran is one of the factors that will determine future steps in EU-Iranian relations. Although the EU will not table a resolution on human rights in Iran at the 59th session of the CHR, the Council agreed to convey its serious concerns about the situation in that country, as well as welcoming signs of progress, in the EU's statement under agenda item 9.

9. The EU will return to the matter in the light of developments in the situation of human rights in Iran."

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œ CHINA - Council Conclusions

The Council adopted the following Conclusions on China/human rights:

"1. The Council, guided by its conclusions of 22 January 2001 and in light of its conclusions of 11 March 2002, considered the human rights situation in China at the start of the 59th session of the UN Commission on Human Rights. It welcomed the continuing engagement of China with the international community in various fields. It welcomed certain progress in relation to the establishment of the rule of law, democratic principles, including the economic and social reform process, opening of the society and development of the legal system, including the submission to the NPC Standing Committee of a first-ever draft civil code and the strengthening of the legal training of judges.

2. The Council urged China to ratify at an early date the International Covenant on Civil and Political Rights (ICCPR) and to speed up the related preparatory studies and expressed its interest in the progress of the report on the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR). It also reaffirmed the EU's offer to assist China in its ratification and/or implementation process of both ICCPR and ICESCR through the China/EU academic network. The Council urged China to ratify the Optional Protocol to the Convention Against Torture and other cruel, inhuman or degrading treatment or punishment (OP/CAT).

3. The Council took note of the fact that a visit to China of the UN High Commissioner of Human Rights has been scheduled for later this year and stressed the importance of close cooperation between China and the UN Human Rights mechanisms. It welcomed the already extended formal invitations to the UN Special Rapporteur on Education, to the Chair of the Working Group on Arbitrary Detention and to the UN Special Rapporteur on Torture and urged China to agree dates at the earliest opportunity for those visits. The Council also welcomed the intention of China to issue, as soon as possible, an unconditional formal invitation to the UN Special Rapporteur on Religious Freedom to visit the country and encouraged China to invite the Special Rapporteur on the Independence of Judges and Lawyers.

4. The Council remained concerned about the lack of respect for human rights, including the extensive use of the death penalty, often in violation of internationally agreed minimum standards, the continuation of the "strike-hard" campaign, the widespread use of torture and arbitrary detention, and called on China to abolish these practices. The Council also remained concerned at the continuing practice of "re-education through labour" and called on China to put an end thereto.

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5. The Council reiterated its concern about repression of the freedom of expression, religion and association in China. The Council voiced its deep concern over the ongoing violations of the human rights of pro-democracy, labour and internet activists, proponents of free trade unions and followers of underground christian churches and the Falun Gong. The Council emphasised the need for China to bring its legislation into line with the ICESCR, including its art. 8.1(a), which guarantees the right to form and join a trade union of one's choice. The Council urged China to consider freeing eligible detainees on medical parole and to release information on all the individual cases the EU has brought to the attention of the Chinese authorities.

6. The Council welcomed the release of several high-profile Tibetan political prisoners, prior to the completion of their sentence. The Council expressed the hope that more political prisoners will be released. At the same time, it expressed deep concern over the deprivation of religious and cultural rights in Tibet. It expressed deep regret and disappointment over the execution of Lobsang Dhondup, despite EU concerns over the conditions under which his trial, as well as that of Tenzin Deleg Rinpoche, were conducted. It considered this execution as sending a wrong signal. The Council, moreover, expressed disappointment at the failure of the Chinese authorities to keep the EU informed of developments in the above-mentioned two cases, and underlined the need for the Human Rights Dialogue with China to be based on genuine demonstrations of mutual confidence.

7. The Council welcomed a visit of two special envoys of the Dalai Lama in Beijing and Tibet and encouraged the resumption of a meaningful dialogue.

8. The Council was also deeply concerned about violations of human rights in Xinjiang which are fanned by the intensification of the "strike-hard" campaign. While noting the Chinese government's concerns about alleged acts of terrorism in China, it underlined that the fight against terrorism should be pursued with full respect for human rights and fundamental freedoms and should not be used as a pretext for repression of political dissent.

9. The Council evaluated positively an increasing legislative and administrative activity by China for the protection and care of HIV patients, as well as for the education of the general public on the prevention of the further spread of the disease.

10. The Council reaffirmed that the human rights dialogue with China, the last round of which was held in Athens, on 5-6 March 2003, is one of the Union's channels for working to improve the human rights situation in areas of concern. However, this dialogue is an acceptable option only if enough progress is achieved and reflected on the ground. The EU will continue to evaluate the results of the dialogue at regular intervals, to determine to what extent its expectations have been met. The Union will also continue to express publicly its concerns about human rights in China and to raise them in meetings with China at all levels.

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11. The Council decided that the EU at the UN Commission on Human Rights would convey its deep concern over the serious violations of human rights in China and the lack of progress in a number of areas. The Union will urge China to take the following steps to improve the situation: early ratification of the ICCPR and full implementation of both the ICCPR and the ICESCR, ratification of the OP/CAT, enhanced cooperation with the UN human rights mechanisms, limitations on the use of the death penalty, with a view to its abolition, putting an end to the "strike-hard" campaign, addressing the systemic root causes of physical and psychological torture, abolition of restrictions on the formation and activities of independent labour unions, reform of the system of administrative detention, respect of the human rights of all prisoners, including the right to stay silent and not to be subjected to torture, respect of the freedom of expression, religion and belief, reform of the judicial system in order to guarantee individuals the right to fair and open trial, release of political, labour and cyber activists and respect for the cultural and religious rights and freedoms in Tibet and Xinjiang.

12. If a draft resolution on human rights in China is tabled at the 59th session of the UN Commission on Human Rights, the EU will study its contents carefully. The Council has agreed that the EU should adopt and make public the following approach: - if such a draft resolution is put to a vote, EU members of the Commission will consider favourably voting for its adoption; - EU members of the Commission would vote against a no-action motion, should one be presented, and the EU would actively encourage other members of the Commission to do likewise, since, in the EU's view, the very notion of no-action is in itself contrary to the spirit of dialogue. The Council further agreed that the EU general statement on agenda item 9 and other relevant Presidency statements should include strong language on China."

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EU œ RUSSIA RELATIONS

The Council took note of a Presidency paper on the ongoing assessment of relations between the European Union and Russia, preparations for the EUœRussia summit on 31 May in St Petersburg and the followœup to the EU Common Strategy on Russia. It requested the Permanent Representatives Committee to continue work on these issues.

NORTH KOREA

The Council took note of the situation regarding North Korea and of the Presidency's intention of pursuing the question of establishing a highœlevel contact when an appropriate opportunity arises.

ANTI-DUMPING

The Council examined the proposal for a Regulation aimed at imposing a definitive antiœdumping duty on imports from Egypt, Slovakia and Turkey of certain hotœrolled products of iron or nonœ alloy steel in coils. In the light of the discussion, the Council noted the absence of a simple majority in favour of the Commission's proposal.

WTO NEGOTIATIONS IN THE FIELD OF SERVICES

The Council underscored the importance of the ongoing World Trade Organisation negotiations in the field of services, taking note of an intervention on this subject by Commissioner Pascal Lamy. The Council invited its Article 133 Committee to make all efforts in order to agree the best possible EU initial offer on services by the deadline of 31 March set by the WTO under the the Doha Development Agenda.

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ITEMS APPROVED WITHOUT DEBATE

EXTERNAL RELATIONS

Relations with Estonia - new agricultural concessions (Doc. 14511/02)

The Council adopted a Decision on the conclusion of a Protocol adjusting the trade aspects of the EU-Estonia Europe Agreement.

The Commission held two rounds of negotiations with the ten associated countries of Central and Eastern Europe with a view to establishing new mutual concessions for agricultural products. As regards Estonia, the outcome of these negotiations was implemented in July 2000 and July 2002 respectively, by way of autonomous and transitional measures: the Decision aims to incorporate this outcome in a Protocol which will replace the autonomous measures.

Relations with Hungary - new mutual agricultural concessions (Doc. 5116/03)

The Council adopted a Decision on the conclusion of a Protocol adjusting the trade aspects of the EU-Hungary Europe Agreement.

The Commission held two rounds of negotiations with the ten associated Countries of Central and Eastern Europe with a view to establishing new mutual concessions for agricultural products. As regards Hungary, the outcome of these negotiations was implemented in July 2000 and July 2002 respectively, by way of autonomous and transitional measures: the Decision aims to incorporate this outcome in a Protocol which will replace the autonomous measures.

Relations with Slovenia - regional aid map (Doc. UE-SI 961/02)

The Council approved a draft Decision to be taken by the EU-Slovenia Association Committee on a regional aid map for the assessment of public aid granted by Slovenia.

Under this decision, maximum aid intensities applicable in Slovenia will be limited, in net grant equivalent, to 40% of costs in the regions of Pomurska, Podravska, Korołka, Savinjska, Zasavska, Spodnjeposavska, South-East Slovenia, Gorenjska, Notranjsko-krałka, Goriłka and Obalnokrałka, and to 35% in the region of Central Slovenia. These maximum aid intensities may be raised by 15 gross percentage points in the case of aid granted to small and medium-sized enterprises. They will constitute upper limits which apply to the total aid whenever assistance is granted concurrently under several regional schemes, and regardless of whether it comes from local, regional, national or Community sources.

The Decision will apply until 31 December 2004, or up to the date of Slovenia's accession to the European Union, whichever comes first.

EU-Mexico Joint Council

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The Council approved the position to be presented by the European Union at the 3rd meeting of the EU-Mexico Joint Council in Vouliagmeni (Greece) on 27 March. The agenda of the meeting will include political dialogue (including the inclusion of the new EU members in the EU Mexico Economic Partnership, Political Co-operation and Co-operation Agreement), trade issues, co- operation and the first civil society dialogue forum.

EU-Chile Association Council

The Council approved the position to be presented by the European Union at the first meeting of the EU-Chile Association Council in Vouliagmeni (Greece) on 27 March. The agenda will include adoption of the European Parliament's assent on the EU-Chile Association Agreement, political dialogue, trade and co-operation.

The Council also adopted a Decision regarding the Community position on the rules of procedure for the Association Council, the Association Committee and the Special Committees set up by the EU-Chile Association Agreement.

Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama

The Council adopted negotiating directives with a view to the conclusion of a Political Dialogue and Cooperation Agreement between the European Community and its Member States and the Central American Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama.

Bolivia, Colombia, Ecuador, Peru and Venezuela

The Council adopted negotiating directives with a view to the conclusion of an Agreement on political dialogue and cooperation between the European Community and its Member States and the Andean Community and its Member States, Bolivia, Colombia, Ecuador, Peru and Venezuela.

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Common Framework for Country Strategy Papers - Council Conclusions (Doc. 6377/03)

The Council adopted the following conclusions on the progress report on the implementation of the Common Framework for Country Strategy Papers:

" "1. The Council welcomes the Commission‘s Progress Report on the implementation of the Common Framework for Country Strategy Papers (CSPs).1 It considers that the CSPs Framework has, as intended, proved to be a very useful programming tool and has made a significant contribution to achieving the objective of giving multiannual programming greater substance and increasing the effectiveness and quality of EU external assistance.

2. The Council notes that this exercise contributes to improve co-ordination and complementarity with bilateral aid provided by Member States and other donors. Although further progress should be made, the Council notes that Member States have increasingly been involved in the drafting process of CSPs and NIPs, in particular in the field, and that the programming process provided a window of opportunity to improve complementarity between Community aid and bilateral assistance. The preparation of CSPs is therefore in line with the Guidelines on operational coordination adopted by the Council in January 2001. Good practice of coordination in the field has been observed, in particular in the ACP countries.

3. The Council appreciates the constructive role that the interservice Quality Support Group (iQSG) is playing in order to ensure continuous monitoring of the consistency, coherence and quality of the programming process and underlines the importance of its continued work. The recommendations of the iQSG should be taken into account when reviewing the CSPs.

4. The CSPs would be an even more successful tool for managing aid if accompanied by an appropriate implementation/monitoring and review mechanism. In order to maintain coherence in the CSP process, the same basic principles should apply to CSP reviews in all regions. First, CSPs should, as a matter of principle and in an appropriate timeframe, be reviewed at the mid- term point of the implementation period. Secondly, the review should: (a) keep the strategy up-to-date with developments in the country brought about by internal, regional or external events, including the Poverty Reduction Strategy Process where it exists; (b) take into account and operationalise, as far as possible, new EC/EU policy initiatives and commitments that have an impact on third countries or, more generally, at international level, while fully respecting the principles of ownership and concentration of aid, the objectives and priorities of the EC Development Policy and the specificities of the relationship between each partner country and the EU; (c) assess the results and performance and draw lessons; (d) lead to a constant improvement of the quality of strategy documents, in particular to correct some weaknesses which had not been adequately taken into account in the —first generation“ of CSPs.

1 Cf. doc. 14865/02 DEVGEN 180 RELEX 250

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5. The review should involve the Commission‘s Delegation, the Government of the partner country and Member States and their relevant expertise in the field. The documents containing the assessment and the proposed outcome of the review should be submitted by the Commission to the management committees for opinion. In this exercise, the Commission and Member States should strive to further improve operational co-ordination.

6. A key challenge is to integrate the programming of horizontal budget lines more closely with country/regional programming. This would be facilitated by rationalising existing lines.

7. The CSPs process has also been a first and significant step towards improving the analysis of policy coherence and establishing a link between the Community‘s aid and related EU policies.

8. The November 2000 Council and Commission Declaration on the EC's Development Policy2, identified six priority areas for Community action in development cooperation and stressed the importance of concentrating the EC activities in order to maximise the impact of EC Development Policy. Since then, several new external relations objectives and initiatives have emerged in the Council and from international agreements and commitments. The integration of these objectives and initiatives into the EC‘s Development Policy should, as appropriate, be carefully considered and implemented, in consultation with partner countries and taking due account of their specific needs. EC action in support of these new objectives and initiatives should be consistent with the agreed objectives and six EC's Development Policy priorities.

9. The Council welcomes the Commission‘s move towards a results based approach in the formulation of its development policy and the progressive integration of performance indicators in CSPs in order to measure the partner country‘s performance in terms of poverty reduction and social development. In this context, the discussions launched by the Commission and involving EU Member States, the World Bank, the OECD-DAC, and the UNDP, in order to try and foster greater co-ordination between agencies in the use of indicators in country performance assessment, should have an important influence on how this problem should be addressed in the future.

10. Every effort should be made to simplify and harmonise the process surrounding country strategies, thus reducing the transaction costs for partner countries, and to improve donor co- ordination in this respect. According to the January 2001 Guidelines, ongoing initiatives include efforts to streamline strategy documents and procedures, mutual consultation of all key donors in each institution‘s strategy process and, in particular, active co-operation in the areas covered by building blocks common to all CSPs. The Commission and the Member States should also strive, between themselves, to synchronise the timing of country programming and strategy preparation and review processes, as well as with the partner country‘s own budgetary and strategy preparation and review process.

11. Non-state actors should be consulted more systematically on CSPs and throughout the programming process as part of the discussions on the EC response strategy."

2 Development Council minutes, doc. 12929/00 PRESSE 421, 10.11.2002

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EU-US Agreement on customs co-operation

The Council adopted a Decision authorising the Commission to negotiate with the United States an amendment to the Agreement between the Community and the US on customs co-operation and mutual assistance in customs matters.

ESDP

Council Resolution on standardisation in the field of armaments (Doc. 6593/03)

The Council adopted the following Resolution on standardisation in the field of armaments:

"THE COUNCIL OF THE EUROPEAN UNION,

(1) RECOGNISING the importance of the defence industry as a substantial regional, national and transnational employer requiring a national, regional and EU-wide perspective on its working methods.

(2) RECOGNISING that standardisation plays an important role for restructuring in the armaments field in order to maintain a robust and competitive base in the face of increased global competition.

(3) CONSIDERING the necessity to achieve a high level of standardisation in order to enjoy economies of scale.

(4) RECOGNISING the increasing importance of the expanding role of dual-use technologies which are forcing the European defence industry to adopt internationally recognised standards.

(5) UNDERLINING the imperatives of interchangeability, and interoperability in order to improve the degree of interoperability among armed forces of the Member States.

(6) CONSIDERING that standardisation is an important pre-condition to fulfil the building of a strong European Defence Industry.

(7) CONSIDERING that the gradual setting up of a European defence equipment market and the consolidation of a European industrial base should call for an effort to rationalise the relevant standards.

(8) WELCOMING the work already undertaken by the Commission in the area of standardisation.

(9) RECOGNISING that the "Comité Européen pour la Normalisation (CEN)" has been charged by the Commission to perform a study and to draft a European Handbook on Standardisation for defence procurement before the end of 2004.

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(10) RECOGNISING the usefulness of supporting the CEN Handbook initiative taking into account the standards already developed in other relevant International Organisations.

ENCOURAGES THE COMMISSION to pursue the work within CEN and to continue to finance the Handbook project (over future phases) provided that the views of Member States are incorporated in the work."

ESDP - Dialogue and cooperation between the EU and Mediterranean partners

The Council endorsed a paper on dialogue and co-operation on European Security and Defence Policy between the EU and Mediterranean Partners, with a view to enhancing transparency and further strengthening mutual understanding, and exploring more concrete ideas and proposals for co-operation.

GENERAL AFFAIRS

Report on the progress achieved by the European Union in 2002

The Council approved a draft report from the European Council to the European Parliament on the progress achieved by the European Union in 2002.

The report recalls the work of the Spanish and Danish Presidencies during 2002, beginning with the introduction of the euro and ending with the successful completion of the accession negotiations with ten candidate countries, whilst clearing the ground for further important changes within the Convention on the future of Europe. It refers to the Lisbon economic reform strategy that was given new impetus and for which a number of important legislative proposals were approved. In the field of Justice and Home Affairs, a high priority was given to the fight against terrorism as well as to the development of a common policy on immigration and asylum. The report also alludes to further development of the Union's Foreign and Security policy as well as to the significant progress made in the operationalisation of the European Security and Defence Policy.

Working methods for an enlarged Council - Code of conduct (Doc. 7105/03)

The Council approved a Code of Conduct, with a view to its immediate implementation, aimed at improving the efficiency of the preparation and conduct of meetings of the Council and its preparatory bodies, in the light of the forthcoming enlargement of the EU.

As concerns the preparation of meetings, the code of conduct covers the referral of reports, better documents, use of time between meetings, change of medium, and the role of supporting bodies. As concerns the conduct of meetings, it covers by such aspects as agenda management, the role of the Presidency, the behaviour of delegations, and the harnessing of technology.

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JUSTICE AND HOME AFFAIRS

EUROPOL audit report and discharge for 2001

The Council examined the audit report and gave discharge to the Director of Europol in respect of the implementation of the Europol budget for 2001.

Application of the Schengen aquis and best practices; issuing of visas (Doc. 6183/03)

The Council approved a new volume of the EU Schengen Catalogue, concerning the issuing of visas.

This document contains a series of recommendations on best practices with regard to the issuing of visas, covering the following aspects: access to the consulate; security of the building; submission of applications; processing the application; filling in the visa sticker; notification of refusal; security; education and training; IT; equipment for detecting false documents; visa issued in representation; and consular co-operation.

ANTIDUMPING

Imports of Rubber Grade Carbon Black originating in Egypt and Russia

The Council confirmed the absence of a simple majority in favour of the proposal for a Regulation aimed at imposing a definitive anti-dumping duty on imports of Rubber Grade Carbon Black originating in Egypt and Russia.

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EDUCATION, YOUTH AND CULTURE

Contribution to the European Council meeting on 21 March 2003 (Doc. 6431/03+ Cor 2)

The Council adopted the following conclusions, as agreed by the Education, Youth and Culture Council on 6 February:

"The importance of education and training in the knowledge society and economy in Europe and their role in the achievement of the Lisbon strategy have been underlined frequently and firmly since March 2000. This is also recognised in terms of policy and investment priorities in the Commission‘s Synthesis Report to the 2003 Spring European Council.

The Council draws attention to the action under way to implement the Detailed Work Programme on the Follow-up of the Objectives of Education and Training Systems in Europe, which emphasises employability as well as such other dimensions as social cohesion, citizenship or linguistic diversity, as reaffirmed in the conclusions of the Barcelona European Council (15 and 16 March 2002). The Council reaffirms its commitment to preparing the interim report on this in time for the Spring 2004 European Council.

The Council suggests that the European Council endorses these efforts and in particular:

− explicitly support the current activities aimed at creating sufficient coherence, compatibility and attractiveness in education and training in Europe, in particular through the implementation of the Detailed Work Programme on the Objectives, including the Copenhagen Declaration on vocational education and training and through further encouragement of the Bologna process in higher education;

− stresses the continued need for resolute steps forward to foster transparency, the recognition of qualifications and quality assurance in the European Union, whilst respecting Member States' responsibilities;

− underlines the importance of enhancing the promotion of European education and training systems and institutions as worldwide references;

− stresses the importance of the next generation of Community programmes in the education and training field for the attainment of the Lisbon goals as reflected in the Detailed Work Programme on the Objectives;

− stresses the importance of efficient and effective investments for the further development of education and training systems."

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