President. – The next item is Question Time (B5-0089/2003).

The following questions are addressed to the Council.

  President. –

Question No 1 by Alexandros Alavanos (H-0215/03):

Subject: Implementation of Council Directive 1999/70/EC by Greece

Council Directive 1999/70/EC⁽¹⁾ of 28 June 1999 on fixed-term work requires the Member States to bring into force the laws necessary to comply with the directive by 10 July 2002. Nine months after the deadline for Greece to comply with Directive 1999/70/EC, the Greek Government has still not published a presidential decree transposing the above-mentioned directive into Greek law.

Since Directive 1999/70/EC affects many thousands of workers in Greece, who are working under conditions of insecurity and uncertainty, what measures will the Council take to ensure that Greece speeds up implementation of Directive 1999/70/EC?

  Yiannitsis, Council. – (EL) Article 2, Paragraph 1 of Council Directive 1999/70/ΕC concerning the framework agreement on fixed-term work concluded by the European Trade Union Confederation, the Union of Industrial and Employers' Confederations of Europe and the European Centre of Enterprises with Public Participation obliges the Member States to comply with the directive in question by 10 July 2001.

Under Article 2, Paragraph 2, the Member States may have one more year, if necessary, over and above the deadline for the application of the directive in question, in order to take account of special difficulties or implementation under a collective agreement.

Bearing this in mind, the Council would ask the honourable Member to put the question to the Commission, because the Commission is competent for ascertaining progress with regard to the application of Community law by the Member States.

I am sorry, but by reason of my capacity as the Council's representative, I cannot mention more details, of which there are many and which would have enlightened the honourable Member.

  Alavanos (GUE/NGL). – (EL) Mr President, I have listened carefully to the President-in-Office's reply. Certainly the Commission has a responsibility for the application of Community legislation but the Council cannot also be without responsibility for the fact that a Member State is not applying an important directive. And of course, in relation to the original question, today there is a presidential decree – a month ago – it has of course changed – but the presidential decree died in its infancy because the Civil Court of Appeal of Crete found in judgment 466 in 2002 that it contradicted the basic provisions of the Community directive. I can do no more than repeat my question to the President-in-Office with this new information.

  Yiannitsis, Council. – (EL) I have nothing to say other than to ask the honourable Member to put his question to the Commission.

  President. –

Question No 2 by Josu Ortuondo Larrea (H-0217/03):

Subject: War against Iraq: Aerial refuelling of B-52 bombers over European cities

The Basque Country and the whole of north-eastern Spain have been taken by surprise at newspaper reports on the route followed by B-52 bombers between their base at Fairford (England) and Iraq. It appears that they are being refuelled by KC-135 ‘stratotankers’ in the skies above Bilbao, Pamplona, Zaragoza and Barcelona, before entering the Mediterranean. Rather than refuelling over the Atlantic, they are cutting corners and flying close to towns and cities with hundreds of thousands of inhabitants, whose safety they are jeopardising. The Spanish airforce is banned from carrying out such operations over population centres.

Does the Council not consider the overflying by these aircraft of densely populated towns and cities to be an infringement of public safety? When coupled with the aerial refuelling operations, is this not showing disregard for the rights of the local populations, which are taking second place to a cruel war that is opposed by public opinion in Europe and world-wide and is being waged without the consent of the UN Security Council? Should the EU not reproach Mr Aznar and his government for allowing these dangerous operations to be conducted and for supporting and participating in the illegal war against Iraq?

  Yiannitsis, Council. – (EL) The allegations contained in the newspaper reports to which the honourable Member refers in his question have not been notified to or discussed in the Council. The matter comes under the jurisdiction of the Spanish state.

  Ortuondo Larrea (Verts/ALE). – (ES) Mr President-in-Office of the Council, the Spanish citizens have not forgotten how Mr Fraga Iribarne, founder and honorary President of the People’s Party, and mentor of the current President, Mr Aznar, as a minister under the dictator Franco, deceived them by swimming in the sea at Mojácar and say that he also did so at Palomares, where four thermonuclear bombs had fallen as a result of a collision during an aerial refuelling operation between a B-52 bomber and a tanker plane. In the meantime, the US cleared and fenced off 105 hectares of land contaminated with radioactivity in a large area which was closed to the Spanish people and referred to as Camp Wilson. Today, the Spanish People’s Party Government has also begun to deny that several B-52 bombers were refuelled in the skies above Bilbao, Iruña/Pamplona and Barcelona on 21 March last, on their way to Iraq.

Confronted with evidence provided by air traffic controllers, the Spanish Government had no choice yesterday but to recognise in Parliament that that day, at the very least, it authorised the overflying and refuelling of eight bombers carrying 240 tonnes of bombs, and justified this by saying that this involved low-risk manoeuvres. Does the Council believe it acceptable for these operations to be carried out overflying densely populated towns and cities and for the Government to claim there is no risk? Does the Council consider it democratic for a government cynically to have denied these events and deceived its citizens so blatantly?

  Yiannitsis, Council. – (EL) I think that the honourable Member merely referred in greater detail to a series of incidents of which the Council is ignorant and, as I said, the matter comes under the exclusive jurisdiction of the Spanish state. It is not a matter for which the Council of the European Union is responsible.

  President. – You clearly heard the Council’s response. In theory, the response does not give rise to further supplementary questions, but I am going to grant them.

Mr Nogueira has the floor for a supplementary question.

  Nogueira Román (Verts/ALE). – (PT) Mr President, the Spanish State has been notable for its support of the unilateral attack mounted by the United States and the United Kingdom against Iraq. Now, together with Italy and Poland, it is going to act as an occupying power in the Iraqi State. Does the Council believe that the Spanish State should consequently share international responsibility because of its warlike, illegal and unjust aggression? What kind of relationship will the European Union have in the action it undertakes in Iraq with the Member States occupying that country?

  President. – I must remind Mr Nogueira that his question – Question No 3 – which would be next, has lapsed and it is very similar to his supplementary question because a debate took place just this morning based on a Commission and Council statement. I am forced to remind you of this. In any case, Mr Yiannitsis has the floor if he feels he should respond.

  Yiannitsis, Council. – (EL) What the Spanish Government did in relation to the question of Iraq or any other related issues is not a matter on which I, as President-in-Office, can comment or refer to in the manner in which the honourable Member wishes.

  Oreja Arburúa (PPE-DE). – (ES) The truth is that I would like it if Mr Ortuondo Larrea did not always bring up national concerns in this Parliament and if he could make contributions to European integration, which is why I believe we are all here.

  President. – Gentlemen, although I am going to give you the floor, I would ask that this be the end of the matter. The President-in-Office of the Council has given a full, clear answer with regard to the subject of the question. In any case, Mr Ortuondo has the floor if he feels that this concerns him.

  Ortuondo Larrea (Verts/ALE). – (ES) With all due respect for the opinion of Mr Oreja Arburúa, I bring here any issues that affect European citizens. The Basque and Catalan citizens who were at risk from the overflying B-52 bombers, and also the Andalusian citizens who were at risk from four bombs which fell on them, are European citizens and, therefore, responding that this is an internal affair is simply an attempt to avoid taking the bull by the horns, when it is a matter that affects European citizens.

  President. – Clearly your metaphors also come from Spain: the bull and its horns. There are no points of order. I believe we have exhausted the topic of the points raised by Mr Ortuondo.

  President. – Question No 3 lapses.

  President. –

Question No 4 by Bernd Posselt (H-0223/03):

Subject: Reforming the Dayton Agreement

How does the Council Presidency view the notion of reforming the Dayton Agreement in such a way that Bosnia and Herzegovina would be converted from a community of three peoples and two entities into a federation of three peoples with equal rights?

  Yiannitsis, Council. – (EL) Equal rights between the peoples that make up Bosnia-Herzegovina are enshrined in the constitution, as set out in Annex 4 to the peace agreement, and have been confirmed by the Constitutional Court of Bosnia and Herzegovina. In an important decision in September 2000, the court ruled that the express recognition of Bosnians, Croatians and Serbs in the constitution of Bosnia-Herzegovina, as peoples that make up the country, brooks just one interpretation: that they enjoy equality as groups. It also states that the constitutional principle of collective equality between peoples that make up the country, which derives from the definition of Bosnians, Croatians and Serbs as the peoples that make up the country, prohibits any special privilege for any one of these peoples, any predominance of one side in government structures or any ethnic homogenisation as the result of divisions on a territorial basis. The constitution of the Srpska Republic and of the Federation was amended further to this judgment, in order to remove the contested provisions. A new law was also passed in order to safeguard the representation of the three peoples that make up the country at all levels of governance and throughout the public sector.

The European Union is continuing via the stability and association process to promote democratisation, the rule of law and economic reform as means of promoting the rights of the minorities and as a means of promoting equal opportunities for all citizens.

  Posselt (PPE-DE). – (DE) Mr President, let me start by pointing out that the expression ‘to take the bull by the horns’ exists in German as well; we may not, alas, have bullfights, but we still have the metaphor.

I am obliged to the President-in-Office of the Council for his very precise and very fine answer, and would like to put to him a supplementary question. If this development, namely the equal rights of these three ethnic groups being put on a firmer footing – which I very much desire – actually comes to pass, might another approach not be to make the structures rather less bureaucratic? Many Bosnians tell me that there are too many cantons, and that they are too small, something that is a result of an imbalance and leads to a large proportion of the gross national product and of international aid being swallowed up by excessive bureaucracy.

  Yiannitsis, Council. – (EL) I should like to start by saying that the simile heard also exists in Greek. It would appear in fact to exist in all the countries of the European Union, regardless of whether or not there are bulls, and to remind you, in all events, that bull fights were depicted on frescos in the old Minoan palaces which have existed for thousands of years, before modern Spain. As for the rest, I should just like to take note of your comment. I have nothing to say. Restricting bureaucracy may be a problem. Insofar as it is feasible, you may see it but, as you will understand, you cannot also intervene in a series of very internal affairs in these countries without this being seen as another form of intervention.

  President. –

Question No 5 by Othmar Karas (H-0229/03):

Subject: European corporate tax reform policy

Small firms in particular suffer because of the existence of 15 (soon to be 25) different tax systems, because of the bureaucracy resulting from the various VAT rules, and because of the vast administrative demands stemming from the different corporate tax regimes and innumerable dual-taxation agreements.

What justification can there be for the fact that large firms have a lower effective tax burden to bear than SMEs, which cannot engage in fiscal engineering? How does the Council view the European Parliament's call for continuation of the successfully conducted project for reduced VAT on labour-intensive services in order to prevent illegal working and create a more favourable employment environment? How does the Council view the call for a firm to be required to include intra-EU sales revenue in only one turnover tax declaration, in the state in which its headquarters are located, and how does the Council view the pilot project on home state taxation in order to reduce SMEs' administrative burden? What is the Council's position on extending the principle of qualified- majority voting to those areas of taxation policy which directly influence the extent to which the European internal market can operate?

  Yiannitsis, Council. – (EL) Τhe administrative cost and the cost of compliance which small and medium-sized enterprises face has been the focus of particular attention during the work of the Council to coordinate the various tax systems. Generally speaking, I would say that the Council has turned its attention on numerous occasions to initiatives and proposals as to how to limit the problems and difficulties which small and medium-sized enterprises have with their access to the market. As regards the findings from the individual initiatives, the honourable Member will have to address his question to the Commission of the European Communities, whose job it is to monitor the measures in question.

As far as the procedure under which the Council takes decision in the taxation sector is concerned, it should be noted that the relevant rules are provided for in the Treaty and no one can ask the Council to change those rules. In all events, the honourable Member will have observed the discussions held recently, which are also taking place within the framework of the Convention, on the possible extension of qualified majority voting, in which case there may be a different arrangement here too which will give more desirable and more positive results.

  Karas (PPE-DE). – (DE) Even if you say, Mr President-in-Office of the Council, that the Council cannot be expected to change its stance overnight, I do nonetheless believe that one can expect it to be willing to change a stance that causes problems of this sort. Our twenty-five different tax systems result in distortions of competition in the internal market; small and medium-sized businesses are put at a disadvantage, particularly when operating across borders; and, of course, unanimous voting in the Council on tax matters creates problems when it comes to strengthening the internal market and the European economy. So let me again ask you what initiative the Council would take in order to remove the disadvantages to small and medium-sized businesses resulting from differing tax systems and to support the internal market as a whole? What initiatives have been taken in the Convention by the Member States in order to do away with the requirement for unanimity on matters affecting the single market?

  Yiannitsis, Council. – (EL) The honourable Member is talking about structural problems on the internal market and so on. I should like to point out that, in principle, every enterprise in any country of the European Union faces for the most part a single tax system, not 25, the tax system of the country in which it trades. Consequently, there is no problem of a small enterprise facing 25 or 15 different tax systems and, consequently, of being oppressed or foundering, in contrast to the potential of a large enterprise.

Secondly, you have to look at the potential for a small enterprise to extend to other markets and, even more so, to the internal European market. I should like to remind you of the problems which a small enterprise in southern Germany has in penetrating even the markets of northern Germany, or a small enterprise based in Athens has in extending and covering large sections of the market in its own country. These are problems concerning structures on which tax systems have a negligible effect. In all events, I think that they exist in every country. They exist in my country, to give you an example, and I know that they exist in many countries in which the tax system for small and medium-sized enterprises and a series of subsidies which are allowed within the framework of the rules of competition aim precisely to strengthen these companies. Having said which, the existing institutional framework which makes provision for unanimity between the Member States on taxation is binding and no presidency can force through initiatives or regulations if these regulations are not agreed at the level of the 15.

  Rübig (PPE-DE). – (DE) Mr President, ladies and gentlemen, the Council has asked the Commission to produce a study of the effects of Basle II. Even though this study has not yet seen the light of day, we know that the effects of Basle II touch Europe – I refer in particular to the creditworthiness of small and medium-sized enterprises and the securities they are required to provide.

What I want to ask is: what will the Council do in order to get its hands on this study, and how will it deal with the problem of tax reform in such a way that small and medium-sized enterprises can meet the requirements of Basle II?

  Yiannitsis, Council. – (EL) We shall look and see why the European Commission is late. There are numerous cases in which, for objective reasons, the European Commission may be late submitting a study. It has also happened to us on other occasions during the course of the Greek Presidency. Of course, on the basis of this study – and I do not think that one study will resolve all the problems – and any proposals that may be made, we shall see how we are going to respond.

  President. –

Question No 6 by Seán Ó Neachtain (H-0230/03):

Subject: EU initiatives to save Amina Lawal from death by stoning

Will the Council state what initiatives it is pursuing to save the life of Amina Lawal, the Nigerian woman who is appealing her sentence of mandatory punishment of death by stoning and whose appeal was delayed until after the elections in April 2003, and is the Council aware of other similar convictions in Nigeria and what action is it taking in these cases?

  Yiannitsis, Council. – (EL) The ΕU closely monitored the case of Amina Lawal, who was sentenced last year to death by stoning, and we expressed our deep concern in a declaration on 21 Αugust 2002 about the decision by the court of appeal rejecting Amina Lawal's appeal. Following this referral of the case, no similar convictions have been noted in the Council.

The ΕU will continue to exert pressure within the framework of political dialogue and at various levels, especially through the head of missions in Abuja, stressing that Nigeria must ensure that the constitution remains the supreme law in its country.

Amina Lawal's defence formulated the opinion that supportive action should be taken in a discreet and confidential manner due to the constitutional problems which arise from the application of Sharia law in certain states. The ΕU has taken this advice on board and is of the opinion that, as long as the case is not considered to be pending, it is better to follow a general approach, such as that I referred to earlier, and not to individualise the case. Within these frameworks, the ΕU has repeated its position on the death penalty and encouraged the Nigerian Government to continue to work for the abolition of the death penalty and for the prevention of any form of harsh, inhumane or humiliating treatment or punishment. In particular, we are urging the Nigerian authorities to respect human rights and human dignity fully, especially as regards women.

On this issue, the ΕU generally attaches great importance to the role of civil society and we are supporting the human rights organisations and other non-governmental bodies active in this sector.

Given that the electoral process has now been completed, the ΕU will continue to focus on this issue – it is an important issue – and will take appropriate action depending on subsequent measures taken by the courts.

  Ó Neachtain (UEN). – I wish to thank the President-in-Office for his reply. I feel that his answer is satisfactory to an extent. However, this is a most appalling case and should be followed more closely than his reply seemed to suggest, because there are other similar cases and similar convictions in Nigeria and elsewhere. We must show that we are earnest in calling for the repeal of those most foul actions and that we are against the denial of the most basic human right - the right to life. Therefore, I hope that the Council will take further action to ensure that this does not continue and also to seek out where other convictions of a similar nature have taken place.

I thank the President-in-Office again for his reply, but I would urge that this be followed more closely still with regard to the most basic human rights that I have mentioned.

  Yiannitsis, Council. – (EL) I should like to point out that the Council is especially sensitive to more general issues which relate both to human rights and, in all events, to practices of this sort by certain countries in the global system as far as the general part is concerned. As regards this specific case, all it is doing is following the recommendation made to it: not to do any harm but, on the contrary, to do whatever might be of help in this specific case and might be effective.

  Thors (ELDR). (SV) Mr President, Mr President in Office of the Council, I wonder if there is any EU country that has declared itself prepared to give Amina Lawal protection against the possibility of the court case not going the way we wish it to. Has any country shown a readiness in the Council to make such a statement? If we are serious about wishing to protect her, we must press our countries to give her protection against this type of state persecution which is, de facto, exercised against many women.

  Yiannitsis, Council. – (EL) I do not know the answer to your question at this moment in time. We can examine it and give a written answer.

  President. –

Question No 7 by Niall Andrews (H-0232/03):

Subject: Cotonou Agreement and Council priorities

In the light of the entry into force on 1 April 2003 of the Cotonou Agreement, will the Council outline what its priorities are for enhancing the political dimension, tackling debt, reducing poverty and dealing with the major health issues at a time of increasing global economic uncertainty?

  Yiannitsis, Council. – (EL) The Cotonou Agreement is based on three main pillars: political dialogue, financial and commercial cooperation and development aid. This partnership focuses on the objective of reducing and, possibly, eliminating poverty and this is linked to the objectives of sustainable development and the gradual integration of the ACP countries into the global economy.

ΑCP-ΕU cooperation is based on a series of fundamental principles, which include equality of partners and the adoption of development strategies. In order to implement the objectives of the partnership, the Cotonou Agreement clearly stipulates that the ACP countries shall determine the development strategies for their economies and societies with full sovereignty.

Most provisions of the Agreement were implemented in transitional agreements well before the full entry into force of the Agreement in April 2003. Now that the Cotonou Agreement has entered into force, the funds under the ninth EDF are now fully available. Programming of these resources, in other words the preparation of the strategic support for each country, which is based on the particular medium-term objectives and on the development strategies of the country, and the introduction of an indicative timetable for implementing the support strategy for each country have almost been completed.

The Commission announced its intention to use the reserves of the ninth EDF mainly to finance the Community contribution to international initiatives for the benefit of developing countries, such as debt reduction and health. These proposals, which are currently being examined by the Council, will also allow for faster disbursement of EDF funds. The application of these proposals will require joint decisions with the ACP countries.

The Council's priorities for EC development policy are clearly noted in the Council and Commission declaration approved in November 2000, which lays down six priority sectors on the basis of the added value of Community action and their contribution to reducing poverty. These sectors are: the link between trade and development, regional integration and cooperation, support for macro-economic policies, the promotion of equal access to social services, transport, food security, sustainable rural development and, finally, the creation of an institutional infrastructure.

The Council supports the Commission's efforts to mange the Community's external aid more efficiently and to use EDF funds in accordance with the objectives and criteria of the Cotonou Agreement.

  Andrews (UEN). – I would like to thank the President-in-Office for his reply. It was a very comprehensive reply indeed, but one of the issues I have discovered, over almost thirty years of involvement in development, is the lack of emphasis on education.

The reason I put this question to the Council was to try and establish whether the Council and the European Union can put more emphasis on education, because in developing countries if you have the three basics - reading, writing and arithmetic - even at the simplest level, you can challenge the village elders and the leaders in your community. When you are illiterate that is impossible.

The purpose of my putting this question was to shift the emphasis, because poverty cannot be tackled through a continuation of the same old formula. I believe that 'education, education, education' is the real answer to poverty. That is where the emphasis should be.

  Yiannitsis, Council. – (EL) I have noted the member's comment. I cannot but agree with him that education is crucial to success. Moreover, in the age of information technology and knowledge, it is absolutely basic. As far as the possibility of further intervention in the internal policies of these countries is concerned, I have noted his comment, which I shall also pass on to the European Commission, and we shall bear it in mind within the framework of the Council.

  President. – Question No 8 by Liam Hyland (H-0234/03):

Subject: WTO and agriculture deadline

In view of the fact that negotiators at the WTO were unable to agree agriculture negotiating modalities by the 31 March 2003 deadline, does the Council consider that satisfactory progress can be made in other areas in time for the 5th WTO Ministerial Conference in Cancún in Mexico next September, and that more acceptable agricultural proposals can be considered in the meantime in line with the negotiating mandate it gave to the Commission, and how does it regard the views expressed in the US by the Director of the Institute for International Economics, Mr Bergsten, who said, according to Reuters, that the WTO negotiations are more likely to stretch on until the middle of 2007 when the White House’s current trade negotiating authority expires?

  Yiannitsis, Council. – (EL) The Council acknowledges that the general situation as regards the Doha negotiations on development matters is far from satisfactory, mainly because the deadlines were not kept to as regards certain sectors, such as the details of access to pharmaceuticals and the details in the agricultural sector. The impasse on pharmaceuticals was due to the refusal on the part of the United States to agree to the solution which was accepted by almost all the other countries. As far as agriculture is concerned, the situation is more complicated and repeated efforts by the president of the WTO Committee on Agriculture, Mr Harbinson, were rejected by all sides for contradictory and mutually exclusive reasons. The Council is, of course, willing to examine any new text submitted by Mr Harbinson or anybody else.

Despite these difficulties, however, it is fundamental at the present juncture to maintain the momentum of negotiations within the framework of the WTO and to make fundamental progress in the run up to the Cancún conference. To start with, in today's unstable international political climate, it is even more important to make essential progress with regard to trade issues. In addition, the most recent multilateral meetings in Geneva demonstrated that there is enhanced awareness between the members of the WTO that the pre-preparatory procedure needs to proceed over coming months so as not to create an excessive workload for the Cancún conference.

Finally, the Council does not share the pessimistic views formulated by certain commentators as regards the Cancún conference. The problems which need to be resolved before Cancún are numerous but it is not the first time that we have worked to tight deadlines in trade negotiations. If all the important players make serious efforts and demonstrate real political will, it will be possible to make progress on all outstanding issues over coming months. Consequently, positive links need to be pursued between issues in order to restore the momentum of the procedure, given that all sides know that there is no agreement until there is full agreement.

As far as agriculture is concerned, the Council confirmed its support at its meeting on 8 April 2003 for the Community proposal on the details in the agricultural sector and urged the Commission to continue its efforts so that an agreement can be reached on this basis because, in its opinion, this is the most realistic means of completing the negotiations in accordance with the timetable laid down in the Doha ministerial declaration.

  Hyland (UEN). – I wish to thank the President-in-Office for his very comprehensive reply. I am sure he will be aware of efforts to reach agreement on the reform of the common agricultural policy in advance of the World Trade Agreement and the June deadline, which the committee has set. I have just left the Committee on Agriculture and Rural Development, where I made the point that we were proceeding with indecent haste in relation to meeting those deadlines. I am sure the President-in-Office will also be aware of the potential impact of the WTO on an eventual CAP agreement.

My question, therefore, is: to what extent can an agreed reform be protected in the context of the forthcoming WTO negotiations? Can he assure the House that whatever is agreed in relation to the reform of Europe's common agricultural policy will be fully protected in those negotiations, because otherwise the entire negotiating process would be meaningless?

  Yiannitsis, Council. – (EL) I should like to refer to the concept of rational expectations and rational behaviour and to say that, obviously, any conclusions within the framework of the negotiations being carried out inside the European Union will not be adopted if there is any prospect that they cannot be safeguarded or they cannot be compatible with what is decided at world level.

  President. –

Question No 9 by Brian Crowley (H-0236/03):

Subject: Closure of Calder Hall Magnox reactor in Sellafield

Given the welcome closure of the Calder Hall Magnox reactor at Sellafield at the end of March 2003, will the Council now actively support calls for the closure of the five remaining Magnox plants in the UK which present an increasing safety concern as they get older?

  Yiannitsis, Council. – (EL) The question of nuclear safety generally concerns the Council, which fully supports achieving a high standard of nuclear safety throughout the European Union. However, competence and responsibility for nuclear safety lie with the Member States in question; consequently, the Council is not in a position to comment on safety and other aspects relating to specific reactors in specific Member States.

As the honourable Member will know, each reactor should normally only operate for as long as it complies with the requirements of high nuclear safety standards. The current Community legislation on the safety of nuclear facilities is based mainly on Chapter 3 in Title ΙΙ of the Euratom Treaty. Directive 96/29/Εuratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation sets out the basic obligations for radiation protection which must be honoured. The Council also notes the Commission's recent proposal for a directive laying down the basic obligations and general principles relating to the safety of nuclear facilities, which will be subject to careful examination.

  Crowley (UEN). – Mr President, I would like to thank the President-in-Office for his response. However, whilst he may be technically correct in saying that the Council does not have an area or role of responsibility with regard to the question of nuclear facilities, there is an immediate need for political leadership. As you have mentioned yourself, this issue has been discussed a number of times within the Council. Indeed, if you look at the Treaties that give the legal basis and authority to the Member States and to the different institutions to take action, the Council can in fact take action under the Euratom Treaty.

What I am seeking is a commitment from you Mr President, as President-in-Office, to bring this before the Council at some stage in the future. We could fill this hemicycle with reports of the accidents, leakages, damage to the environment, damage to human beings and damage to property caused by bad management, faulty construction and bad design of this type of Magnox plants. It is essential to have that commitment now, at a time when the nuclear industry is saying that nuclear power can be good for Kyoto and good for the environment. We could draw up a whole list of the casualties and suffering caused by nuclear discharges, and immediate action should therefore be taken.

  Yiannitsis, Council. – (EL) As I mentioned, there is the Commission proposal which is being examined by the Council and, if the Council so concludes, there may be a basis for examining this sort of request. In addition, I should like to point out that the problem is not a technical one. The problem, over and above the national aspects, also has institutional dimensions, of course it also has political dimensions, but it also has institutional dimensions which you need to respect and not to violate, and that creates restrictions both on this issue and on other issues where there are institutional provisions for the limits within which the Council can intervene.

  President. –

Question No 10 by Gerard Collins, which has been taken over by Mr Andrews (H-0238/03):

Subject: European Rural Model

The Greek Presidency has emphasised the importance of the European Rural Model and the foundations on which it is based, namely family farms and local communities, small towns and villages located throughout the EU’s rural areas. Will the Council make a statement now on the progress made during the Greek Presidency on preserving and promoting this European Rural Model?

  Yiannitsis, Council. – (EL) The Greek Presidency, continuing the efforts of the previous presidency, has been trying since January to progress as best it can with an examination of the legislative proposals for reforming the common agricultural policy, including of course the proposal for a regulation on rural development. According to the latest information given to me on developments in the relevant Council, I might add that I am optimistic about progress with this work. The debate on reforms during these first six months should allow the Council, following the opinion also of the European Parliament, to reach an agreement on all the reform proposals in June.

Our presidency attaches great importance to safeguarding the multi-operational European Rural Model, which focuses more on attention to rural development and it could not be any other way, given that we have also tested the value of this model in our country. During discussions which have already been held on all the proposals, these aspects of the proposals were generally well received and the importance which needs to be attached to these issues, and the rural development of peripheral areas in particular, was emphasised.

In addition, the Council and the Commission are aware of the fact that funding under the CAP must comply with the conclusions of the European Council in Berlin on financial ceilings and with the conclusions of the European Council in Brussels in October 2002. Consequently, measures in favour of rural development will depend on the funds available under the second pillar of the CAP and any funds obtained from reallocating resources which may be released at the level of the first pillar of the CAP as a result of the reform under way.

  President. – If Mr Andrews would like to reword his question, he also has the floor. If he does not wish to reword it, Mr Ó Neachtain has the floor to put his question.

  Ó Neachtain (UEN). – I thank the President-in-Office for that comprehensive reply. I just want to say, as somebody who comes from a peripheral area of the west of Ireland, that the European rural model is seriously endangered by the various enactments of the European Union in many cases, especially in the reform of the common agricultural policy. It seems to me that a small family-owned farm, for example, which we could take as a base for rural development, etc., is greatly endangered by the new movement that is occurring at the moment.

I would ask that this be taken into consideration, because that has been the foundation of the rural model that the European Union put in place. If it is in any way damaged, there will be serious implications for rural society in Europe in the future.

  Yiannitsis, Council. – (EL) It was clear from my reply that I agree that this model has an important role in the operation of European agriculture; we are in the process of examining how to proceed. During this process, the competent ministers will obviously bring their experience and positions to bear and I hope that the final balance struck will safeguard precisely the positive elements of the model which prevails in the Union and which is important not only from an agricultural but also from a more general economic, social and, in the final analysis, political point of view.

  Crowley (UEN). – I should like to refer to the remarks made by the President-in-Office and Mr Ó Neachtain.

President-in-Office, you mentioned in your first answer the need to stay within the parameters of the Berlin Agreement of 1999. As everybody in this House knows, and as I am sure you know, the parameters of 1999 have now been thrown out as a result of the proposals made by Commissioner Fischler regarding reform of the CAP. Two years before that, in 1997, we had the Cork Declaration stating the need for a vibrant and innovative rural development policy to combat emigration from rural areas and the ensuing social problems this created in urban areas. As you know yourself, with regard to your own country, peripheral areas and islands suffer unique disadvantages and hazards that must be responded to in a common and complex way. That is why I would ask you to remember - at future Council meetings, or when people from other countries say we must shelve this whole agricultural-rural issue - that there is a direct link between agriculture and rural development which cannot be broken.

  Yiannitsis, Council. – (EL) I shall bear the comments expressed in mind.

  President. – Question No 11 by Mrs Izquierdo Rojo (H-0240/03) will not receive a response as the subject it concerns has been included on the agenda for this part-session.

  President –

Question No 12 by Sarah Ludford , which has been taken over by Mrs Thors (H-0241/03):

Subject: Women in Afghanistan and Iraq

In Afghanistan, over a year after the fall of the Taliban, life for most women is hardly getting any better. What action is the Council, in conjunction with the Commission, taking to improve the situation there for women, who in many cases are in practice still confined to their homes by widespread restrictions?

As an aid donor, what pressure is the EU putting on the Afghan interim government to stop harassment and oppression of women, such as bans on walking, obligatory wearing of the burqa and bans on being driven by a man in a taxi?

Will the Council ensure, to the best of its ability, that women in post-war Iraq get a fair deal in the process of physical and political reconstruction?

  Yiannitsis, Council. – (EL) The ΕU is closely monitoring the situation as regards respect for the human rights of women in Afghanistan. In its contacts with the Afghan Transitional Administration, the ΕU constantly and incessantly stresses that the rights of Afghan women and the promotion of their full and equal participation in every aspect of public life are an important reference point for the evaluation of the performance of the Afghan Transitional Administration and for defining subsequent EU policy towards Afghanistan.

On 14 April the Council approved conclusions in which it underlined, among other things, the importance of including the mainstreaming of gender awareness into the policy of the Afghan Transitional Administration and in which it urged the establishment of a constitutional framework for the promotion and protection of human rights, especially with regard to women and girls. Similarly, the Council stressed that gender awareness must be one of the features of the government to be formed following free and fair elections by June 2004. The Afghan Minister for Foreign Affairs, who met the EU ministers in April 2003, subscribes to these conclusions.

Following the fall of the Taliban, there are nonetheless signs of improvement. More and more girls are attending school and they are also studying at higher education institutes in the larger towns. The ministries are recruiting women and, generally speaking, a lot of women have returned to their work outside the home. One very positive step was the ratification of the United Nations Convention on the Elimination of All Forms of Discrimination against Women on 5 March. However, the Council indeed acknowledges that the situation of women is still unacceptable as regards the possibilities of education and work, as regards their legal protection or their full and equal participation in public life, despite the examples to which I referred. Similarly, women are the main victims of insecurity, which threatens their life and their dignity.

The office of the EU special representative for Afghanistan, Mr Vendrell, has established good working relations with the Ministry for Women's Affairs and the Afghan Independent Human Rights Committee and is supporting the creation of an infrastructure of women's organisations through training and dialogue. The EU special representative, together with the representatives of the Commission and the Member States, regularly evaluate the achievement of the objectives of the policy of the European Union, including in the field of women's rights and shall, if they deem necessary, submit recommendations on further action to be taken on the part of the ΕU. Finally, the Council will also pay special attention to the role of women in the reconstruction of Iraq.

  Thors (ELDR). – Firstly, I want to thank the Council for its answer. Unfortunately it contained very little on the issue of the situation of women in Iraq. Yesterday I was in the position to hear directly from Baghdad a UNICEF representative saying that the Shia have taken over Sadr City, and that means difficulties for women.

Mrs Elisabeth Rehn, my predecessor here in Parliament, wrote a very influential report dealing with the situation of women in both war and peace. She pointed out that it will be more difficult for women when there is peace. Unfortunately, especially in Afghanistan, we have a situation where women cannot be sure that they will not be raped. This is a problem in western Afghanistan.

Please, Council, what actions are you taking in the light of Mrs Rehn's work? She proposed several actions, including the suggestion that peacekeepers should be very well informed about the rights of women.

As for the situation in Iraq, is there any way you could intervene?

  Yiannitsis, Council. – (EL) I shall have taken note of these comments and, as with Afghanistan, the same applies to Iraq and, once the situation has returned to normal, we shall be in a position to take specific actions.

  Andrews (UEN). – Would the President-in-Office not agree that the situation for women in Afghanistan has not changed at all outside of Kabul? The situation for women in Iraq is unlikely to improve in the near future.

  Yiannitsis, Council. – (EL) I said in my position that the situation of women in Afghanistan does indeed correspond to the problematic picture to which you too referred. The Council is trying with all the means at its disposal to influence this situation.

  President. – As the author is not present, Question No 13 lapses.

  President. – Question No 14 by José Ribeiro e Castro (H-0243/03):

Subject: Cuba: policy review

The European Union has been developing a policy of constructive dialogue with Cuba. This development was based on the assumption that the Communist regime in Cuba was prepared to open up to some degree and the hope that it might help bring about a move towards democracy and full respect for human rights. The European Parliament held a debate on the extremely serious situation in Cuba on 10 April 2003 and adopted a resolution.

What specific political consequences does the Council draw from the abrupt change in the situation in Cuba? Will the Council continue with the policy which was on the point of being finalised, even though the Cuban regime has brutally overturned the assumptions on which it was based? What steps is the Council taking – and what further steps can it take – to secure the release of all political prisoners being detained by the Cuban regime? Does the Council share the view that, particularly following the award of the 2002 Sakharov prize and certainly throughout 2003, all the European institutions have an even greater responsibility to act firmly and in a spirit of solidarity in support of all those people in Cuba who merely wish to be able to exercise their basic human freedom and who believe in democracy and human rights, including for the people of Cuba?

  Yiannitsis, Council. – (EL) In its regular evaluation of the EU's common position on Cuba, the Council always underlines its approach of open and constructive dialogue with Cuba on all matters of common interest. The Council has reiterated that the objectives of the policy of the European Union on Cuba remain the encouragement of a process of transition to a pluralist democracy and respect for human rights and fundamental freedoms, sustainable economic recovery and a better standard of living for the population. The ΕU monitors the situation in Cuba on a regular basis.

As soon as it learned of the recent wave of arrests, the presidency, on behalf of the European Union, issued public statements and proceeded with intense demarches towards Havana. In their bilateral contacts with the Cuban authorities, the Member States protested strongly about the arrests. The Council has taken due account of the resolution passed by the European Union on 10 April, which reinforces the EU's position against these measures.

At its meeting on 14 April, the Council of the European Union approved the following conclusions:

‘The Council condemns the recent actions of the Cuban authorities, notably the executions, the large-scale arrests of dissidents, the unfair trials and the arbitrary and excessive sentences imposed. It calls for the immediate release of all political prisoners. These latest developments, which mark a further deterioration in the human rights situation in Cuba, will affect the EU's relationship with Cuba and the prospects for increased cooperation. The Council will keep the situation under close review.’

The ΕU also supported a resolution on the human rights situation in Cuba which was passed within the framework of the United Nations Commission on Human Rights. As a general comment, the presidency of the ΕU issued a declaration stating that the ΕU condemns the large-scale arrests, the unfair summary trials and the arbitrary and excessive sentences imposed on numerous dissidents for peacefully expressing their political, religious and social opinions and because they were exercising their right to take full and equal part in public life.

Consequently, the ΕU demands that those persons, whom it considers prisoners of conscience, be released without delay and also calls for the immediate release of all political prisoners. It is also deeply concerned at the continuing repression of members of the opposition.

The ΕU roundly condemns the recent executions of Cuban citizens carried out following summary trials and expresses its regret that the moratorium on the death penalty in the country has come to an end.

These latest developments, which mark a further deterioration in the human rights situation in the country, will affect the ΕU's relationship with Cuba and the prospects for increased cooperation. The ΕU will monitor violations of personal and political rights, which continue to affect the Union's relationship with Cuba, very closely.

I should like to close by pointing out that the ΕU will continue to keep the situation under close review, especially as regards the possible exercise of legal recourse for the 78 persons convicted.

  Ribeiro e Castro (UEN). – (PT) Mr President, I wish to begin by thanking the President-in-Office for his extensive answer, but I feel I must suggest that we need to go further. It is precisely because we support a change towards transition in Cuba and because people’s expectations have been brutally shattered, that I believe we all have a particular responsibility. This is all the more true because last December this Parliament awarded the Sakharov Prize to a great Cuban personality in the field of human rights: Osvaldo Payá, who is suffering considerably at the moment.

We must adopt a position of active solidarity, which leads me to ask the following question: is the Council prepared to invite Mr Payá to take part in meetings with the Presidency, with the High Representative and with the Council, in order to give his feelings, in person, about the extremely serious events taking place in Cuba? Would the Council consider the possibility of suggesting to all Member States that they do the same, through their diplomatic representatives, in other words, that they convey their solidarity directly and invite Osvaldo Payá, the 2002 Sakharov prizewinner, to visit every European capital and there give a true picture of the Cuban people’s suffering?

  Yiannitsis, Council. – (EL) I referred to the declarations made by the Council and numerous, perhaps all, the Member States condemning recent developments in Cuba. The Council is particularly sensitive to this issue, and discussed it at its last meeting and decided to issue these declarations of condemnation. Further action will be judged in the light of developments. It is clear that what happened in Cuba recently has given rise to a general outcry and we hope that this will influence subsequent decisions by the Cuban Government.

  President. – As the time allocated to Question Time is at an end, Questions Nos. 39 to 58 will be answered in writing.⁽²⁾

I would like to thank Mr Yiannitsis for speaking this evening.

That concludes Question Time to the Council.

(The sitting was adjourned at 7.35 p.m. and resumed at 9 p.m.)

IN THE CHAIR: MR VIDAL-QUADRAS ROCA
Vice-President