A4-0194/98

Resolution on the draft Council Decision on the procedure for implementing Article 366a of the Fourth ACP-EC Convention (5644/98 - C4-0156/98 - 96/0050(AVC))

The European Parliament,

- having regard to the draft Council Decision, 5644/98 - 96/0050(AVC),

- having been consulted by the Council pursuant to Article 238 of the EC Treaty (C4-0156/98),

- having regard to Rule 80(3) of its Rules of Procedure,

- having regard to the interim report by the Committee on Development and Cooperation (A4-0194/98),

1. Calls on the Council to take account of the following recommendations:

(Recommendation 1)

Citation 3a (new)

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Having regard to the United Nations Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social and Cultural Rights (1966), the Declaration on the Elimination of Discrimination against Women (1967), the Declaration on the Right to Development (1986), the Convention on the Rights of the Child (1989) and the Declaration on the Rights of Persons belonging to National Ethnic, Religious or Linguistic Minorities (1992),

(Recommendation 2)

Article -1 (new)

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Article -1

Respect for human rights, democratic principles and the rule of law are 'essential elements' of development cooperation between the European Union and the ACP countries.

(Recommendation 3)

Article 1

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Where, at the initiative of the Commission or a Member State, the Council considers that an ACP State has failed to fulfil an obligation concerning one of the essential elements referred to in Article 5 of the Convention, the ACP State concerned shall be invited unless there is special urgency to hold consultations in accordance with Article 366a(2) of the Convention. The Council shall act by a qualified majority.

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Where, at the initiative of the Commission

, a Member State or the European Parliament, the Council considers that an ACP State has failed to fulfil an obligation concerning one of the essential elements referred to in Article 5 of the Convention, the ACP State concerned shall be invited unless there is special urgency to hold consultations in accordance with Article 366a(2) of the Convention. The Council, after consulting the European Parliament, shall act by a qualified majority.

(Recommendation 4)

Article 2, 1st paragraph

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If, on expiry of the deadline set in Article 366a for the consultations and despite all efforts, no solution has been found - or immediately in a case of urgency or refusal to hold consultations - the Council may, pursuant to that Article, decide, on a proposal from the Commission, to take appropriate steps including partial suspension acting by a qualified majority. The Council shall act unanimously in case of a full suspension of application of the Convention in relation to the ACP State concerned.

>Text following EP vote>

If, on expiry of the deadline set in Article 366a for the consultations and despite all efforts, no solution has been found - or immediately in a case of urgency or refusal to hold consultations - the Council may, pursuant to that Article,

after consulting the European Parliament, decide, on a proposal from the Commission, to take appropriate steps including partial suspension acting by a qualified majority. The Council shall act unanimously in case of a full suspension of application of the Convention in relation to the ACP State concerned.

(Recommendation 5)

Article 3a (new)

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Article 3a

Resumption of development cooperation with a country that has failed to fulfil an obligation in respect of one of the 'essential elements' shall be decided after an assessment of progress secured in the matter of respect for human rights. The Commission shall submit an assessment report to the Council and the European Parliament and the resumption of development cooperation shall be the subject of a decision adopted by qualified majority by the Council after consulting the European Parliament.

2. Instructs its President to open a conciliation procedure with the Council, with the active participation of the Commission;

3. Instructs its President to forward this resolution to the Commission and the Council.