Verbatim report of proceedings

Tuesday, 14 March 2006 - Strasbourg

17. Council Question Time

  President. The next item is Question Time (B6-0013/2006).

The following questions have been submitted to the Council.

Part 1

Question No 1 by Eoin Ryan (H-0110/06)

Subject: Ethiopian opposition figures

There are presently 131 senior opposition figures, including 10 elected members of the Ethiopian Parliament and including professors, judges and journalists, who are being detained in Ethiopia.

Can the Council state what measures it has taken to highlight these grave injustices with the Ethiopian Government in light of the fact that these detentions are in breach of international law, and taking into account that the European Union is the largest donor in the world of international aid to Ethiopia ?

  Hans Winkler, President-in-Office of the Council. (DE) Mr President, speaking on behalf of the Council, I would like to reply in the following terms to Mr Ryan’s question about opposition figures in Ethiopia.

The Council is observing the situation as regards the detained opposition leaders, representatives of civil society organisations, newspaper publishers and journalists with close attention. Following their arrest, the European Union, on 6 November last year, made a statement expressing its concern and calling for the release of all political prisoners. The EU also demanded the immediate release of all detainees against whom no charges had been laid in a proper manner complying with certain minimum standards. It also urged that all the detainees should be given the right to receive visits from their family members and from the International Red Cross and/or other appropriate representatives of the international community. A similar demand was made in a joint statement by the ambassadors of the European Union and the United States of America in Addis Ababa on 6 November 2005.

Since the arrests at the beginning of November 2005, representatives of the European Union have regularly raised the case of these detainees in meetings with the Ethiopian Government and also brought it directly to the attention of the Prime Minister, Meles Zenawi, in the course of the political dialogue under Article 8 of the Cotonou Agreement. The diplomatic representatives of the European Union in Addis Ababa have agreed to raise the subject of respect for human rights and the rule of law as central elements in the political dialogue with Ethiopia, together with the demand that all those persons detained after the political demonstrations in June and November be set at liberty and that their relatives, their lawyers and humanitarian organisations be guaranteed access to them.

Let me take this opportunity to mention that I have myself discussed these issues with Lord Triesman and with Mr Hilary Benn, since we know – as I have indeed mentioned – that the various steps taken under the British Presidency were of great significance in this respect and I do of course regard continuity in this area as important.

The diplomatic representatives also agreed that they would insist on the relatives of the detainees being informed as to their whereabouts, and on the detainees being given access to legal counsel and being treated in a humane manner.

We are also giving particular attention to guaranteeing the presence of local and international observers at the trials of opposition leaders and of other persons. The intention is that an observer should monitor the trial of the opposition leader Hailu Shawel and other persons and report back to the EU representatives in Addis Ababa.

The European Union will continue to raise these issues with the Ethiopian Government and to monitor the situation of the detainees with close attention.

  Eoin Ryan (UEN). – I am slightly disappointed in the answer to the question. Our policy on development aid focuses on good governance and respect for human rights and it certainly does not seem to be the case here. If you look at the fact that we gave approximately EUR 900 million to Ethiopia between 2002 and 2005, we do not seem to be getting any respect for human rights in that country. A lot of talking is going on, but there is very little action.

I would like to raise the specific case of Berhanu Nega, the elected Mayor of Addis Ababa. What is happening to him and has that case been raised by the Council?

  Hans Winkler, President-in-Office of the Council. On the supplementary question, as the honourable Member knows and as we all know, Ethiopia is one of the poorest countries in the world. Parts of the country, in particular in the south, suffer under great strain; there is a shortage of food and we have an obligation to help the population.

We believe that development aid and development cooperation for the poor of the country should not be used as a means of pressure against the government and should not lead to punishment of the population. That is why the European Union does not withhold development cooperation funds but now channels them differently. That is the point we should bear in mind.

So we are reflecting on how we should proceed. We are reducing the part of our aid that goes to the government directly and trying to find ways and means of channelling those funds directly to the population, where it is needed.

On 13 and 14 March, there will be a conference in Paris in which the future of development aid for Ethiopia will be discussed and new ways will be found to help the poor people of Ethiopia directly, without channelling those funds directly to the government.

As to the case that Mr Ryan mentioned, I have no specific information; I will certainly look into it and will let you know the result of our inquiries.

  Ana Maria Gomes (PSE). – Why is Ethiopia one of the poorest countries in the world, as you said? It is because of the nature of the political regime, which distrusts civil society even to channel food aid, as I witnessed when I was the chief election observer in Ethiopia. It is also because it is a country where 85% of the population are peasants: they do not own land and therefore have no incentive to produce.

Did yesterday’s and today’s donors meetings take into consideration the conclusions of the European Union election observation mission, that the elections failed to respect the principles for genuine democratic elections, and which highlighted the reasons for such failure? Why has the Council ignored this Parliament’s calls in three resolutions to enter into dialogue ...

(The President cut off the speaker)

  Hans Winkler, President-in-Office of the Council. I am sorry, but I did not understand the last part of your question.

As I said, we are very much aware of the political and social circumstances in the country. I can assure you that we take them very much into account. I can also assure you that the conference that is now taking place has all the information relating to the political, social, economic and financial situation in Ethiopia.

  David Martin (PSE). – I agree with the Council that you cannot allow the poor people of Ethiopia to suffer for the inadequacies of their government.

How will the Council support civil society in delivering aid within Ethiopia? It is clear we should not be channelling any funds through the Ethiopian Government but we should continue to encourage NGOs to be involved in Ethiopia. However, they need logistical support to be successful there. How will the Council assist NGOs in Ethiopia?

  Hans Winkler, President-in-Office of the Council. There are a number of ways and means in which the Council can and does act. We are very interested in – and want to support – the democratisation process in Ethiopia.

I should like to mention briefly some of the instruments that we are using, one of which is the question of parliamentary procedures. We looked into them and took them into consideration. We have conducted a number of studies and want to help the parliament to improve its parliamentary procedures in order to enhance the possibilities of the opposition parties and to raise those procedures to international standards. In that connection, we are also trying to design programmes and projects to educate parliamentarians.

We are helping with logistical support for the expansion and construction of a parliamentary infrastructure. The parliament, as far as I know, has no facilities for the opposition parties. They have no technical means of communication, so we are trying, together with the UNDP, to design projects which would be helpful in that respect.

We are also helping the parliamentarians – in particular those from opposition parties – to travel to other parliaments to gain experience: to the parliaments of, for example, India, the United Kingdom and the United States. As you will know, the party landscape in Ethiopia is still very young, very underdeveloped, and we are trying to introduce those inexperienced parliamentarians to more traditional parliaments so that they can learn from them.

We are helping to reform the National Election Board, a very interesting initiative in my view. Our ambassadors in Ethiopia are working on that to ensure that the National Election Board corresponds to international standards.

  President. Question No 2 by Cecilia Malmström (H-0148/06)

Subject: Support for democracy in Iran

Political developments in Iran are very disturbing. The reactionary and anti-democratic mullahs consolidated their power with the election of Mahmoud Ahmadinejad as president. It is now highly important that the international community, including the EU, should support the democratic forces operating in Iran. The pressure on those holding political power must increase in response to the lack of respect for human rights, financial support for terrorist organisations, and the development of nuclear weapons. Last week, the US Secretary of State revealed that the Administration is to request a further 75 million dollars to promote democracy in Iran. Much of this funding will be invested in radio and television for the population of Iran. Sustained efforts will also be made to reach the Iranian people via the Internet. The USA also intends to increase its aid to the radio station FARDA, which broadcasts news critical of the regime inside Iran.

What measures does the Presidency intend to take within the EU to strengthen independent radio and television stations and other democratic forces in Iran?

  Hans Winkler, President-in-Office of the Council. – (DE) Mr President, as the Council Conclusions of 7 November 2005 also indicate, the Council is agreed on the importance of supporting political reform in Iran and of promoting human rights and democracy. The EU obviously wishes to see Iran develop into a society in which human, civil and political rights are fully respected, in which democratic values and freedom of expression are able to blossom, and in which equal treatment and equal opportunities prevail over discrimination.

At the same time, however, we are aware that the implementation of this objective will require sustained, long-term efforts and patience. The Council has endeavoured in the past and will endeavour in future to promote political reform, namely by supporting various authorities and organisations in Iran, including Iranian civil society. It is with this objective in mind that the EU has resumed its comprehensive political dialogue, and it is also making intensive endeavours towards restoring a meaningful, constructive human rights dialogue. The EU is currently seeking the best way to support political reform and democracy in Iran, and its deliberations include strengthening the role of the media and democratic forces.

  Cecilia Malmström (ALDE). – (SV) Mr President, Mr Winkler, thank you very much for that answer.

Unfortunately, no human rights dialogue is taking place in Iran. Nothing has happened. The current human rights abuses in Iran are on a vast scale. Iran has a regime that breaches most human rights. This is a state of affairs that rather recedes into the background when we debate the nuclear weapons programme, which is of course incredibly important.

I believe that a well thought-out strategy is required for dealing with the human rights situation in Iran, and I wonder if we might perhaps draw on our experience from the period when we supported the Belorussian opposition by broadcasting to it from Europe in Belorussian. I wonder if that experience is something we can draw on.

  Hans Winkler, President-in-Office of the Council. – (DE) Mrs Malmström, we are aware that we cannot do everything at once, however much we should like to. Nevertheless, we believe that dialogue is the only alternative open to us, as breaking off dialogue and ‘punishing civil society’, as it were, is certainly not a viable option.

It is of course disappointing that the human rights dialogue has not been held since June 2004. Indeed, that was why the General Affairs Council, back in November of last year, called on Iran to take steps to resume substantive discussions within the framework of the dialogue. I can tell you, Mrs Malmström, that, in recent weeks, Iran has indeed shown interest in resuming this dialogue, although the EU has laid down certain framework conditions for this, as there is no point in dialogue for dialogue’s sake.

If we succeed in imposing the framework conditions that permit a meaningful dialogue, and which also support civil society, we shall be glad to resume this dialogue. We hope to be able to resume the dialogue – which we also hope will be meaningful and beneficial – even before the end of the Austrian Presidency.

  Philip Bushill-Matthews (PPE-DE). – The question is specifically about strengthening democratic forces in Iran. One of the larger democratic forces in Iran is called in English the People’s Mujahedin. It is currently on the EU terrorist list, presumably because the Government of Iran put it there.

I should like to ask the President-in-Office to consider raising in the Council the issue of whether this anomaly can be removed at an early stage.

  Hans Winkler, President-in-Office of the Council. I can assure the honourable Member that not only will I consider bringing it to the attention of the Council, I will bring it to the attention of the Council.

  David Martin (PSE). – I was pleased to hear the Council’s response, because megaphone diplomacy is not going to work in the case of Iran.

When George Bush made his famous speech, naming Iran as part of the ‘axis of evil’, Iran was part of the Nuclear Non-Proliferation Treaty. It is now no longer part of that treaty, partly because it feels exiled from the rest of the world. If you treat people as evil, they will act as if they are evil.

Will the Council assure us that it will continue dialogue with Iran but not get involved in the internal politics, not – as some of my colleagues have suggested – backing individual political parties, but opening up Iran to wider discussion? EU backing for a single political party would be death to that party inside Iran.

  Hans Winkler, President-in-Office of the Council. I thank the honourable Member for the encouragement. We are trying to carry on a dialogue that is meaningful and not respond in a way that would shut the door on the possibility for dialogue. I can assure you that we will continue in this way.

  President. Question No 3 by Panagiotis Beglitis (H-0150/06)

Subject: Israeli Government decision to build a tramline linking the illegal settlement of Pisgat Ze'ev in East Jerusalem with the centre of West Jerusalem

The Israeli Government recently decided to build a tramline to link the illegal settlement of Pisgat Ze'ev in East Jerusalem with the centre of West Jerusalem. This decision, which forms part of the strategy of annexing Palestinian territories to Israel, is a flagrant violation of the principles of international humanitarian law and, in particular, of the Fourth Geneva Convention, and of the relevant UN Security Council resolutions. Two private French companies, Alstom and Connex, have already been involved in this construction project.

What measures will the Council take vis-à-vis the Israeli authorities, who continue to violate international law untroubled?

Why does it not make use of the EU-Israel partnership and cooperation agreement to take steps to end the illegal settlements?

What measures will it take vis-à-vis France and the French Government to ensure that the companies involved in the construction project respect international law?

  Hans Winkler, President-in-Office of the Council. – (DE) Mr President, I should like to give the following reply to Mr Beglitis’s question.

The EU’s unambiguous position on all the activities contravening international law that are carried out by Israel in the Palestinian territories, including East Jerusalem, remains, and is expressed repeatedly, regularly, emphatically and clearly at all levels in the sustained political contact between the EU and Israel. The tools used by the EU in following this political line are the Association Agreement between the EU and Israel, which envisages such contact, and the EU–Israel Action Plan, which was agreed in early 2005 within the framework of the European Neighbourhood Policy. This position has not changed; a fact that was revealed once more on the last two occasions on which we were able to discuss the Middle East peace process and the situation in the Middle East, namely at the last General Affairs Council and at the informal meeting of Ministers for Foreign Affairs, or ‘Gymnich meeting’, in Salzburg last weekend. The EU and all its Foreign Ministers continue to follow this line of fairness and of speaking clearly – including to Israel – when it comes to drawing attention to activities that we consider contrary to international law.

  Panagiotis Beglitis (PSE). – (EL) Mr President, I should like to thank the representative of the Austrian Presidency but, at the same time, I want to express my regret about the bureaucratic way in which he replied, as representative of the Presidency, to my question on an issue which truly constitutes violation of the principles of international law and the Founding Charter of the UN.

To be honest, I do not understand, Minister, the double language which the European Union uses to the Palestinians and to Israel. I see no statement, no measures being taken about the continuing settlements in occupied Palestinian territory. I see no reaction by the European Union to the statement by the Prime Minister of Israel, Mr Olmert, that he will unilaterally shape the borders of Israel by 2010.

  Hans Winkler, President-in-Office of the Council. – (DE) I am sorry if the honourable Member felt that my answer was bureaucratic – that was not my intention. I believe that I made myself very clear when I said that, wherever the Council considers conduct to be contrary to international law, it is taking every opportunity to say so openly at all levels.

To cite just a few examples, we have stated very clearly that we consider the wall, the separation barrier erected on Palestinian territory, to be contrary to international law. We have unambiguously criticised Israel’s settlement policy on repeated occasions and shall continue to do so. I hope that the honourable Member does not feel this to be bureaucratic; indeed, we are not doing it bureaucratically, but in an entirely political manner.

  James Hugh Allister (NI). – Since the EU relishes and promotes cross-border infrastructural projects within its own territory, would it not be incongruous and wrong for it to object to such a project in Israel, since improved communication links can only bring cohesion and social and economic betterment to those disparate territories?

  Hans Winkler, President-in-Office of the Council. Yes, I would agree that we should encourage and support all people-to-people contact and all infrastructural measures that promote such contacts. However, they have to be in line with recognised rules of international law. That is exactly the policy of the European Union. We encourage those contacts and projects that are in line with international law, and we criticise when they are not in line with international law.

  Jonas Sjöstedt (GUE/NGL). – (SV) Mr President, as pointed out in the question, EU companies are contributing to infrastructural projects in occupied territory. These are projects clearly contrary to international law and international humanitarian legislation. They include, for example, the tramline link with settlements and the new railway to Jerusalem crossing the occupied West Bank. The French company Connex is involved in such construction projects. What does the Council of Ministers think about the fact that EU companies are participating in these activities that are contrary to international law?

  Hans Winkler, President-in-Office of the Council. – (DE) I can answer this question as to whether the EU should participate in undertakings, as it is not, in itself, incompatible with the remit of the Council. I can only repeat what I have already said, and I apologise for this repetition. Naturally, the EU supports only projects that are in accordance with international law and that conform to the rules. Differences of opinion are possible as to precisely what is and what is not in accordance with international law but, at all events, the Council’s view is that we naturally support only projects that are in accordance with international law.

  President. Question No 4 by Reinhard Rack (H-0175/06)

Subject: Protection of fundamental rights

How is it to be ensured that the strengthening of mutual recognition and the simplification of cross-border procedures will not entail a reduced level of protection of fundamental rights?

What binding rules are needed, particularly with regard to the protection of fundamental rights, to clarify the application of minimum procedural safeguards in cases entailing cross-border circumstances?

  Karin Gastinger, President-in-Office of the Council. – (DE) Mr President, this question concerns the protection of fundamental rights and the principle of mutual recognition that has already been discussed. I should like to say in reply that the Council has always emphasised that it gives absolute priority to respect for human rights, and that the Council is also actively promoting the prevention and eradication of torture and other forms of cruel, inhuman and degrading treatment, with particular regard to Article 6 of the Treaty on European Union and the relevant EU guidelines.

In addition, in the Presidency Conclusions of the Tampere European Council – which has already been mentioned here today – the Council emphasised that the principle of mutual recognition should become the cornerstone of judicial cooperation, and that mutual recognition and the necessary approximation of legislation would facilitate the judicial protection of individual rights.

In its Communication to the Council and the European Parliament of 26 July 2000, entitled ‘Mutual Recognition of Final Decisions in Criminal Matters’, the Commission stated in this regard that it must be ensured that the treatment of suspects and the rights of the defence would not only not suffer from the implementation of this principle – namely the principle of mutual recognition – but that the safeguards would even be improved.

This was also confirmed in the Programme of measures to implement the principle of mutual recognition of decisions in criminal matters that was adopted by the Council and the Commission. On 28 April 2004, the Commission adopted a Proposal for a Council framework decision on certain procedural rights in criminal proceedings throughout the European Union, which it presented to the Council on 3 May 2005. We have already discussed this more or less intensively under the previous item on the agenda.

This proposal, which is currently being examined by the competent bodies of the Council, and with which we shall try to make considerable progress under our presidency, is aimed at improving the rights of all suspects and of defendants by guaranteeing them a uniform level of protection throughout the European Union. In addition, the Council points out that the EU Member States have to meet their obligations under international law and, in particular, under the European Convention on Human Rights – to which, after all, we are all parties. This is confirmed in Article 6 of the EU Treaty.

The fact that the principle of mutual recognition is being realised within the framework of a purely judicial procedure also means that legal protection is guaranteed by independent judicial authorities, which is a great advantage. It should also be borne in mind in this connection that, as a rule, the legal instruments based on the principle of mutual recognition contain a general human rights clause confirming that the obligation to respect fundamental rights and general legal principles pursuant to Article 6 of the Treaty on European Union is not affected.

Finally, the Proposal for a Council Regulation establishing a European Union Agency for Fundamental Rights, which was presented by the Commission in July 2005 and is currently being examined by the competent bodies of the Council, represents a further step on the way to an effective EU human rights policy.

  Reinhard Rack (PPE-DE). – (DE) I am much obliged to the President-in-Office for her comprehensive answer. I should like to put a supplementary question relating to the European Constitution. Part II of the Constitution provides that the product of the work of the then Fundamental Rights Convention is intended, as it were, to supplement and also, to a certain extent, to reinforce the provisions of Article 6 of the present Treaty. Can we envisage its implementation, as already addressed by the Commission and Parliament, by the Council, too, and could that improve the situation as a whole?

  Karin Gastinger, President-in-Office of the Council. – (DE) Absolutely. Indeed, that is one of the reasons why we regret that the European Constitutional Treaty is not yet in force, because one of the major benefits I can see in this Constitutional Treaty is that it would incorporate that very Charter of Fundamental Rights. It would no longer be necessary to discuss precisely those minimum standards for procedural safeguards that we were debating in great depth earlier if our Treaties had a single legal basis.

I see this as a very great benefit, and for that reason it is also important to continue the discussion in one way or another. Indeed, I am hopeful that we shall reach a solution to this in due course.

  President. Question No 5 by Diamanto Manolakou (H-0193/06)

Subject: State of emergency in the Philippines

The state of emergency imposed in response to alleged suspicions of a plot to overthrow the government of President Gloria Arroyo is still in force despite assurances and promises to the effect that it would be lifted. Charges are being filed against a growing number of popular democratic leaders and an increasing number of arrests carried out, while reports leaked by the military are seen as evidence of a plot to overthrow the President.

Does the Council condemn the emergency rule, which many regard nothing less than martial law under another name, resulting in the suspension of fundamental freedoms? Will it call for an immediate end to emergency rule and the restoration of democratic freedoms?

  Hans Winkler, President-in-Office of the Council. – (DE) Mr President, the state of emergency declared by the President of the Philippines on 24 February of this year was lifted – as you know – one week later, on Friday, 3 March. Both the EU Presidency, which had come to an agreement beforehand with the local Heads of Mission in Manila, and the EU Troika, which was in Manila from 28 February to 4 March for the ASEAN Regional Forum Intersessional Support Group meeting on Confidence Building Measures and Preventive Diplomacy, verbally expressed the EU’s concern about the recent development at meetings in the Philippines Ministry of Foreign Affairs on 1 March. In addition, they called for the rule of law, the right to due process and human rights to be fully respected, and for the prompt lifting of the state of emergency; which, as I have said, was then indeed lifted, on 3 March.

  Diamanto Manolakou (GUE/NGL). – (EL) Mr President, Minister, thank you for your information. However, I must say to you that we may have lifted the state of emergency, but five opposition members of parliament have been arrested and are now in gaol. I should therefore like to ask you what you will do to bring about the immediate release of the members of parliament detained and of the trade unionists who are still in gaol.

  Hans Winkler, President-in-Office of the Council. – (DE) I can assure the honourable Member that, in these cases, as in all cases of flagrant human rights violations, especially those concerning representatives of the people, the EU is continually, regularly, and wherever possible working to ensure compliance with the relevant human rights provisions and standards.

As has already been correctly pointed out, this does not always take place in public, because that does not always produce the desired effect – sometimes silent diplomacy is better – but it does take place, and regularly. It is very often carried out by the local representatives of the EU – including, in particular, the Troika. It is carried out in the course of discussions with high-ranking officials from the countries concerned. In addition, I can assure the honourable Member once again that we shall of course also continue to work on, and attend to, the cases you mentioned.

Part 2

  President. Question No 6 by Agnes Schierhuber (H-0179/06)

Subject: Access to justice for consumers

Improved access to justice for consumers, in particular, is a fundamental concern of the Vienna Action Plan and of the Tampere Council. Where judicial cooperation in civil and commercial matters is concerned some steps have already been taken to make judicial enforcement abroad easier. However, it is precisely in cases with cross-border circumstances that there is a need for simple, speedy procedures to ensure that EU citizens obtain justice.

What procedural simplifications can EU citizens expect in this area in the foreseeable future, and what improvements will these bring about, in particular, with regard to the legal position of consumers?

  Karin Gastinger, President-in-Office of the Council. – (DE) In response to Mrs Schierhuber’s question on improved access to justice for consumers in Europe, I should like to say that, in the field of judicial cooperation in civil and commercial matters, the Council is currently pursuing the projects envisaged by the Hague Programme of 2004 and the Action Plan 2005 implementing this. These include creating new procedures to enable EU citizens to obtain a judicial decision more quickly and more easily in the case of cross-border disputes.

In specific terms, we are concerned here with two regulations in particular: firstly, the Regulation creating a European order for payment procedure and, secondly, the Regulation establishing a European small claims procedure. These being regulations, Parliament is very closely involved in both procedures under the codecision procedure.

Both regulations create new procedural opportunities, which will also, in particular, strengthen consumer protection throughout the EU. If consumers are faced with a legal dispute in connection with their cross-border financial transactions, they should now have recourse to the institutions organising judicial cooperation between the judicial authorities of the individual Member States.

The two new procedures will therefore supplement the instruments that have been adopted up to now in the field of judicial cooperation – the simplified procedure for taking evidence and the minimum standards for legal aid, to name but a few – and thus further augment the legal remedies within the EU.

The Regulation creating a European order for payment procedure will make it possible in future for EU citizens to obtain a European order for payment upon application to a court, in respect of payment notifications that are possibly uncontested by the debtor. If, subsequently, no objection is forthcoming from the debtor, this order for payment becomes final and also enforceable. This will make it easier for the creditor to subsequently assert this order in the Member States.

Further to Parliament’s positive opinion in December 2005, it proved possible to reach political agreement on this regulation as early as 21 February 2006, at the most recent Justice and Home Affairs Council. Once the regulation has been revised by the lawyer-linguists, it should be adopted by the Council at first reading as an ‘A’ item in April 2006. Even so, we envisage that the regulation will enter into force in two years’ time.

The establishment of a European small claims procedure – the second crucial point here – should simplify and accelerate the enforcement of cross-border small claims. The small claims procedure, which is in principle designed to be conducted in writing, is one in which judicial decisions are taken in respect of claims up to a total of EUR 2 000. The desired acceleration is to be achieved by imposing a time frame for even the individual stages of the procedure, which not only the courts, but also the parties to the proceedings will have to observe.

In addition, the court is free to determine the means of proof and the extent to which evidence is taken, according to the individual case. Evidence may also be taken by means of modern communication technology, such as videoconferencing or similar – provided, of course, that this is also admissible in the procedures of the Member State concerned. We intend to actively continue work on the Regulation establishing a European small claims procedure during our Presidency, and indeed hope to be able to bring it a long way towards completion.

  Agnes Schierhuber (PPE-DE). – (DE) I am much obliged to the President-in-Office for her answer. She mentioned the European small claims procedure and also cross-border protection for both parties. My supplementary question is as follows: how are European consumers to be informed in future about their judicial remedies?

  Karin Gastinger, President-in-Office of the Council. – (DE) Mr President, generally speaking, there is a great deal of information on offer to EU citizens. The Commission’s Judicial Atlas, in particular, which is available to every man and woman on the Internet, plays a very valuable role in this connection, because this enables jurisdiction and similar matters to be accessed very simply throughout Europe. That is one very important aspect.

We are of course concerned that our citizens receive as much information as possible – particularly with regard to access to justice – and so it is important that information also be passed on promptly. To this end, it is particularly essential, from our point of view, that cooperation with the vital institutions concerned is very constructive, very swift and very efficient. That is a crucial aspect. I consider it vital that we carry out a great deal of work in the Member States on obtaining information from the courts, so that the required information can be transferred from the courts to the public. That is another crucial aspect. A sound legal system in Europe can only function if the public knows where to turn to.

  Reinhard Rack (PPE-DE). – (DE) Mr President, President-in-Office of the Council, consumers are increasingly making use of the new opportunities offered by the Internet, including, in particular, e-commerce. Have there been any deliberations on this with regard to the improvement or protection of legal remedies? How soon can we expect results that improve the current situation?

  Karin Gastinger, President-in-Office of the Council. – (DE) Generally speaking, of course, the honourable Member is right: the field of e-commerce will play a quite decisive role in the Europe of the future. There are, of course, regulatory instruments whose provisions are already starting to include consumer protection, particularly in the field of e-commerce, since we are aware that frequent abuses are possible in this field. I am also aware that individual e-commerce providers are already using seals of quality and such like, which is their own form of access. I envisage our dealing with these instruments, too, in future, although this will not be done primarily by the Justice and Home Affairs Council, but rather will fall within the domain of the Competitiveness Council.

  Richard Seeber (PPE-DE). – (DE) Mr President, President-in-Office of the Council, I, too, believe that the internal market needs a functional legal system and, particularly, a functional system of law enforcement. What are the planned arrangements with regard to cost, however? After all, law enforcement is always a matter of cost. Is there to be a uniform European arrangement for this, or are we keeping to the system of individual national arrangements, as it were?

  Karin Gastinger, President-in-Office of the Council. – (DE) The honourable Member has raised a very delicate issue, which, of course, particularly in the case of the Regulation establishing a European small claims procedure, is one of the main issues under discussion. Strictly speaking, there are no plans for compulsory representation by a lawyer under the European small claims procedure, which, of course, raises a central question regarding the matter of cost, and particularly regarding the reimbursement of court costs, for which different arrangements exist in the various Member States.

Generally speaking, we have already been making efforts to establish legal instruments within the framework of legal aid, in particular, and these are already being implemented. We shall certainly have to think about further instruments for the other field. Meetings of Council working parties have revealed this to be an issue that my experts are discussing and one where we shall certainly be able to work out a solution in respect of the European small claims procedure, too.

  President. Question No 7 by Sarah Ludford (H-1113/05)

Subject: Framework decision on racism and xenophobia

Will the Austrian Presidency renew efforts to get agreement in the Council on a framework decision to combat racism and xenophobia proposed by the Commission in 2001 and strongly backed by Parliament?

Given the disturbing picture given in reports from the EU Monitoring Centre on Racism and Xenophobia based in Vienna of the extent of and failure to tackle racist crime in Europe, how can it be justified for the Council not to prioritise this legislation for a pan-European approach to outlaw criminal behaviour motivated by racial hatred?

  Karin Gastinger, President-in-Office of the Council. – (DE) Mr President, this takes us to another very delicate area. There has, of course, been a Proposal for a framework decision on combating racism and xenophobia from the Commission, which was presented on 29 November 2001. Despite intensive discussions in the Council, it did not prove possible to reach agreement on this proposal in February 2003.

Following on from this, the Italian delegation presented an alternative version of the Proposal for a framework decision in March 2003, but this, too, failed to meet with agreement from the delegations. Subsequently, on 24 February 2005, the Council instructed its working party on substantive criminal law to continue the discussions on the proposal. Accordingly, the working party resumed the work on the proposal, based on the state of affairs reached in 2003. The debate on this framework decision at the Council meeting on 2 and 3 June 2005 made it clear that there is no scope for consensus among Member States. Naturally, this was a bitter pill to swallow, especially for those Member States who have given this framework decision their strong support.

In view of the past history of this framework decision, which I have just described to you, a resumption of negotiations does not strike the Austrian Presidency as promising at the present time. Nevertheless, the Presidency does not want to let this very important dossier – and especially the political message behind it – come to a complete standstill, and so we shall be holding a seminar on this subject, also in agreement with the Commission and the European Monitoring Centre for Racism and Xenophobia, before the end of our Presidency. We expect there to be about 100 participants in this seminar. The seminar will take place in Vienna from 20–22 June 2006 and will discuss selected problems connected with this proposal.

As I am sure you can imagine – indeed, this also emerged from the recent discussions on the caricatures – we find ourselves once more in the midst of the area of tension between our political message – that we unambiguously oppose racism and xenophobia – and freedom of expression. It is this very tension that we have to defuse if we are to really make important progress. These are also exactly the kind of issues that are to be discussed at the seminar.

It is intended that two representatives of each of the Member States, acceding countries and candidate countries participate in this seminar. We also intend to invite NGOs, in particular, who are familiar with the issues, and also representatives of the Council of Europe, of the OSCE Office for Democratic Institutions and Human Rights, of the EU network of independent experts in fundamental rights, and of the European Commission against Racism and Intolerance. It goes without saying that representatives of Parliament will also be invited to participate. Parliament will receive an official invitation to this seminar in late March. The programme will also have been finalised by then, and we shall be able to present it.

In addition, as already mentioned in connection with Question No 4 on the protection of fundamental rights, I should like to point out that the European Council decided in December 2003 to establish a European Fundamental Rights Agency, a fact it confirmed in December 2004. The Council’s ad hoc working party on fundamental rights and citizenship is currently examining the proposal for a regulation presented by the Commission in June 2005. The Agency is scheduled to start work on 1 January 2007. We know that this is a very tight schedule, but we hope to be able to keep to it.

The Austrian Presidency attaches the highest priority to this issue and hopes to be able to conclude the negotiations so that the Agency can start work on schedule.

  Sarah Ludford (ALDE). – There are some difficult issues – such as Holocaust denial and protecting freedom of speech – but it is scandalous that in 2006 there is still no EU-wide response to the alarming and increasing problem of racist violence. It must be possible to get EU-wide agreement on the core issue of preventing the day-to-day racial harassment and hatred suffered by many of our citizens and residents.

Some countries, such as Greece, Italy and Portugal, currently fail even to record racial attacks. Please name the obstructive Member States that are holding up this framework decision agreement and make a big push during your Presidency to outlaw race hate crimes. All power to your elbow!

  Karin Gastinger, President-in-Office of the Council. – (DE) I could not agree more with the honourable Member’s statement. From the Presidency’s point of view, we of course have every interest in sending out an important political signal on this, too. We assume that the seminar we are holding will objectify the matter again and, by means of expert opinions – particularly large numbers of expert opinions – will produce an outcome that will make it possible for us to strike the necessary balance in future between our shared aspiration: namely, to oppose racism and xenophobia most effectively, but without putting freedom of expression at risk as a result. At all events, we wish to make quite considerable progress, and we hope that, given a new impetus, it proves possible for the Finnish Presidency to successfully conclude this dossier, or at least to continue the negotiations, on the basis of our work.

  Manolis Mavrommatis (PPE-DE). – (EL) Mr President, Minister, racism and xenophobia have even penetrated sport and football. I am sure you know full well that we had numerous episodes against coloured athletes and footballers at numerous events and numerous – mainly football – games in England, Spain, France and so on. Does the Austrian Presidency intend to recommend that Germany take measures against racism and xenophobia during the World Cup next summer and how will you address them, given that you will still have the Presidency?

  Karin Gastinger, President-in-Office of the Council. – (DE) We are assuming that Germany is governed by the rule of law and that it is up to the German authorities to take suitable measures to combat racism and xenophobia, including during the World Cup. I am quite certain that Germany will take the appropriate measures.

  Gay Mitchell (PPE-DE). – My question, Question No 8, also deals with xenophobia. Ministers go on here with very long replies. Is it not possible, out of courtesy to Members, to take questions together when they relate to the same subject?

I come here every month to table questions but they are never reached. We reach a very small number of questions, and answers are allowed to go on forever. The very next question in my name addresses the issue of xenophobia and I do not know why it was not taken together with Question No 7.

  Bill Newton Dunn (ALDE). – Mr President, on a point of order, the Minister of Justice of Austria has come all this way. We were told to table questions to her. We had to wait until March. Some of these questions were tabled in December, but we waited patiently for three months to put the questions to her. Now she has been allowed to answer precisely two questions in three months!

It is not her fault, we are delighted she came – thank you for coming, Minister – but would you please convey to President Borrell that this is a failure. It does not work. It is not a good system for the Minister to come and answer two questions after three months.

IN THE CHAIR: MRS KAUFMANN
Vice-President

  President. Question No 8 by Gay Mitchell (H-0138/06)

Subject: Xenophobia in the EU

Does the Council have a coherent plan of action to address the rising levels of xenophobia that are being experienced across the EU, especially as regards citizens from EU Member States living and working in other EU Member States as minorities?

  Karin Gastinger, President-in-Office of the Council. – (DE) Madam President, I have actually answered Questions Nos 7 and 8 by Sarah Ludford and Gay Mitchell together, but I of course welcome supplementary questions.

  Gay Mitchell (PPE-DE). – Given that xenophobia and racism is often evident at sporting events, would the President-in-Office consider, as part of the plan, using sport as a way to fight xenophobia? From acorns grow oak trees.

In my own constituency, Crumlin United Football Club – a club for young people, where Robbie Keane came from – each year holds a sports festival weekend where people not only play sport but also have cultural exchanges. Would the President-in-Office consider having a weekend across the European Union where similar sporting and cultural exchanges take place, so that we use sport to fight xenophobia?

  Karin Gastinger, President-in-Office of the Council. – (DE) Madam President, Mr Mitchell, I think that that is a good idea in principle, as I, too, believe that we must together fight to ensure that racism and xenophobia in Europe do not stand a chance. I also see that sport is capable of building bridges in this regard, because when young people, especially – who are our future, after all – and often adults, too, exercise together, they can then go on to undertake activities together.

It is not only sport that has a potential role to play here, however; I also see definite opportunities in the field of culture. Even though the two are not directly connected, we have to try to build these bridges in many different areas. Racism and xenophobia are very often connected with prejudice. Prejudice tends to arise out of unfamiliarity with other cultures, because unfamiliar things are often associated with fear. Since fear, in turn, gives rise to negative feelings, it is entirely possible, of course, for racism and xenophobia to arise. For that reason, everything that could result in our getting to know one another better, getting to know other cultures even better, is welcome as a means to beat xenophobia.

The question is – since the honourable Member specifically addressed me as a Minister for Justice – whether the Council actually has the competence to do this under the EU Treaty. I do believe, however, that this is an important political message that all of us together should pass on.

  President. My sincerest thanks for these comments. We shall discuss them with the Council Presidency and consider how to proceed next time to the satisfaction of all parties.

  Claude Moraes (PSE). – On a point of order, I am not sure that the point has been understood. The Austrian Presidency chose to change the system for answering Council questions, which meant a three-month wait for many people who are listed here, including myself. Mr Newton Dunn made that point.

We have waited for three months. The Minister has been very gracious. It is not her fault that the Presidency decided to change the system. The Minister has been incredibly gracious in answering an extra question. I have never seen that happen before.

However, can you please now review that decision and go back to the old system? This one simply does not work. We have put down serious questions on radicalisation and other issues, which have now not been answered after three months. Please consider going back to the old system.

  President. Questions which had not been answered for lack of time would receive written answers (see Annex).

That concludes Question Time to the Council.