The Governments of the Member States and the European Commission were represented as follows: Belgium: Mr Frank VANDENBROUCKE Deputy Prime Minister, Minister for Foreign Affairs Mr Robert URBAIN Minister for Foreign Trade and European Affairs Denmark: Mr Niels HELVEG PETERSEN Minister for Foreign Affairs Mr Jorgen ØRSTRØM MØLLER State Secretary for Foreign Affairs Germany: Mr Klaus KINKEL Minister for Foreign Affairs Mr Werner HOYER Minister of State, Foreign Affairs Greece: Mr Georges Alexandre MANGAKIS Deputy Minister for Foreign Affairs Mr Athanassios THEODORAKIS State Secretary for Community Affairs Spain: Mr Javier SOLANA Minister for Foreign Affairs Mr Carlos WESTENDORP State Secretary for Relations with the European Communities France: Mr Alain JUPPE Minister for Foreign Affairs Mr Alain LAMASSOURE Minister with special responsibility for European Affairs Ireland: Mr Dick SPRING Minister for Foreign Affairs Mr Gay MITCHELL Minister of State with special responsibility for European Affairs Ms Joan BURTON Minister of State with special responsibility for Overseas Development Aid Italy: Mr Emanuele SCAMMACCA State Secretary for Foreign Affairs Mr Mario D'URSO State Secretary for Foreign Trade Luxembourg: Mr Jacques POOS Minister for Foreign Affairs Netherlands: Mr H. van MIERLO Minister for Foreign Affairs Ms Anneke van DOK van WEELE State Secretary for Economic Affairs Mr M. PATIJN State Secretary for Foreign Affairs Austria: Ms Brigitte EDERER State Secretary for European Affairs Portugal: Mr José Manuel DURÃO BARROSO Minister for Foreign Affairs Finland: Mr Paavo RANTANEN Minister for Foreign Affairs Mr Pertti SALOLAINEN Deputy Prime Minister, Minister for Foreign Trade Mr Veli SUNDBÄCK State Secretary for Foreign Affairs Sweden: Ms Lena HJELM-WALLÉN Minister for Foreign Affairs Mr Mats HELLSTROM Minister for Foreign Trade and European Affairs United Kingdom: Baroness Lynda CHALKER Minister for Overseas Development Mr David DAVIS Minister of State, Foreign and Commonwealth Office Mr Ian TAYLOR Parliamentary Under-Secretary of State, Department of Trade and Industry Commission: Mr Jacques SANTER President Sir Leon BRITTAN Vice-President Mr Manuel MARIN Vice-President Mr João de Deus PINHEIRO Member Mr Hans VAN DEN BROEK Member RELATIONS WITH THE ACP STATES - MID-TERM REVIEW OF THE FOURTH EEC-ACP CONVENTION - AMOUNT OF THE 8th EDF In preparation for the next ministerial negotiating session scheduled to take place in Brussels on 16 and 17 February, the Council agreed on the Community position for - trade cooperation and related issues, including market access for ACP agricultural products, rules of origin, bananas, tropical forests and STABEX; - questions concerning development finance cooperation (including aid procedures and programming, financial aid for maritime transport, industrial cooperation and EIB intervention). The Council discussed the amount of the 8th EDF in detail, and agreed to return to the question at an additional meeting at 18.OO on 15 February 1995. RUM : ABOLITION OF THE TARIFF QUOTAS FOR ACP AND OCT IMPORTS AND MEASURES TO BE ADOPTED UNDER POSEIDOM The Council took note of three Commission reports on the abolition of tariff quotas on ACP and OCT rum imports and measures to be adopted under POSEIDOM. In its reports the Commission reached the following conclusions: - Community rum: the Commission will propose giving France the option of applying reduced taxes on its territory to traditional rum produced in the OCT; - ACP rum: abolition of the tariff quota for light rum from 1 January 1996 and maintenance of a tariff quota of 20 000 HPA (hectolitres of pure alcohol) for traditional rum in 1996, to be increased by 2 OOO HPA each year until the quota is finally abolished from 1 January 2000; - OCT rum: abolition of the tariff quota from 1 January 1996. The Council instructed the Permanent Representatives Committee to continue examining the issue in the light of delegations' comments during the discussion, with a view to adoption of the new rules for rum, if possible on 6 March 1995. At the same time, the Council requested the Commission to continue its consultations on the issue with the ACP States. WORLD TRADE ORGANIZATION On the basis of a Commission report on the setting up of the WTO, the Council held a broad policy debate on the sectoral negotiations to be held in the WTO, and on the new subjects covered. At the close of the debate, the President emphasized the fundamental importance which the European Union attached to setting up the WTO and getting it to work effectively. He reaffirmed the objective of concluding the sectoral negotiations which were still not finished within the deadlines set in the Marrakesh Agreements. On this basis he proposed further consideration of the new subjects (trade/investment, trade/environment, trade/currency and trade/social legislation), and on the other subjects listed by the Chairman of the Trade Negotiating Committee in Marrakesh, with a view to consultation at the WTO, the OECD and the ILO. The President accordingly called on the Commission to submit discussion papers and to define its priorities in close consultation with the Article 113 Committee. The Council also instructed the Article 113 Committee and the Permanent Representatives Committee to submit the text of the negotiating directives on services for appraisal at its next meeting on 6 March. The Council expressed its determination to have the Director-General of the WTO appointed quickly and, with that in mind, to take fresh steps to support and promote Mr Ruggiero's candidature. NEGOTIATIONS UNDER GATT ARTICLE XXIV-6 FOLLOWING ENLARGEMENT The Council approved the directives to be followed by the Commission when negotiating under GATT Article XXIV-6. Following the enlargement of the Community, negotiations with the other GATT contracting parties should start as soon as possible, in accordance with GATT Article XXIV-6, to make arrangements for cases where application of the CCT by the new Member States would mean changing or withdrawing concessions that they had granted previously. RELATIONS WITH THE COUNTRIES OF CENTRAL AND EASTERN EUROPE The Council took note of the Presidency's work programme (annexed hereto) for the months as regards relations with the CCEEs following the conclusions of the Essen European Council. STABILITY PACT The Council took note of recent developments concerning the Stability Pact process. It heard a presentation by the Commission on the list of draft accompanying measures to be annexed to the final document of the Pact, which will be adopted at the final conference scheduled to take place in Paris on 2O and 21 March 1995. The Council also noted that the Commission would shortly be submitting a report to the Council on the implementation of the new instrument for regional cooperation and good neighbourliness in accordance with the conclusions of the Essen European Council. Lastly, it called on the Commission actively to pursue its discussions on the preparations for implementation of the accompanying measures for the Stability Pact. DECLARATION BY THE EUROPEAN UNION ON FORMER YUGOSLAVIA The European Union reiterates its attachment to the conclusion of an overall resolution of the conflicts in former Yugoslavia guaranteeing the sovereignty and territorial integrity of all States within their internationally recognized borders. Stressing in this connection the importance which it places on the mutual recognition of the States which have emerged from the former Yugoslavia, the European Union endorses the plan to hold a meeting to that end between Presidents Tudjman, Izetbegovic and Milosevic. Such a summit could pave the way to an international conference to deal with all matters relating to the conflict in former Yugoslavia in line with the Peace Plan. The European Union recalls that its representatives at the international conference on the former Yugoslavia put forward, together with the United States of America and the Russian Federation, a plan for a political solution in Croatian territory under United Nations protection. The Union supports this plan and calls upon the parties concerned to begin negotiations as quickly as possible on the basis of this reasonable and balanced plan. Lastly, the European Union reaffirms its conviction that the ongoing presence of UNPROFOR in Croatia is of capital importance for peace and security in the region. STATEMENT BY THE EUROPEAN UNION ON CHECHNYA The European Union continues to follow with concern the situation in Chechnya. It has noted with disquiet that fighting is still going on and that serious human rights violations are still taking place, as was established by the OSCE mission which went to Chechnya. The European Union refers to its Declaration of 23 January 1995. It intends to maintain its vigilance and keep up its endeavours with the Russian authorities for them to: . conclude a humanitarian ceasefire immediately with the assistance of the ICRC; . keep to the letter of the provisions of the OSCE Code of Conduct and of Additional Protocol No 2 to the 1949 Geneva Convention; . take the required steps to guarantee free movement of aid to populations in need; . open a local office of the UN High Commissioner for Refugees. The European Union urges the parties to begin talks on declaring a lasting ceasefire and negotiations for a political solution. The European Union expresses its appreciation of the mission to Chechnya by the representative of the OSCE Presidency and confirms its support for the efforts made in that connection, particularly with regard to the dispatch of further missions - which must be in a position to carry out their mandate in full - on questions involving human rights, restoration of constitutional order in accordance with international obligations concerning human rights and preparations for free and fair elections in Chechnya. MEDITERRANEAN POLICY (a) On the basis of an oral report from the Commission, the Council assessed the progress of the current negotiations with Israel, Morocco and Tunisia and the prospects for their conclusion. It expressed the hope that negotiations with Israel and Tunisia could be concluded soon and that the substantive stage of the negotiations with Morocco could begin soon. The Council welcomed the recent opening of negotiations with Egypt and noted with great interest that the Commission was planning to submit proposals in the near future for opening negotiations with Jordan. (b) The Council noted that there was agreement subject to confirmation on the general political framework for developing future relations between the European Union and Turkey (creation of a customs union and other areas of cooperation) and with Cyprus (message on the opening of accession negotiations). (c) The Commission submitted the report of the European observer for Cyprus. (d) With more specific reference to Turkey, the Council noted a very broad measure of agreement on the various specific questions concerning the position to be taken by the Community at the next EC-Turkey Association Council meeting to be held at the time of the Council meeting on 6 and 7 March 1995, at which the aim was to conclude discussions on setting up a customs union with Turkey and on the development of other areas of cooperation, political dialogue and the resumption of financial cooperation. UKRAINE The Council discussed EU relations with Ukraine and decided to make high-level representations to the Ukrainian authorities to urge them to step up their efforts to close Chernobyl and to implement the security measures already decided on, which would be financed by the international community. SITUATION IN BURUNDI In view of the deteriorating situation in Burundi, particularly as regards refugees, the Council decided to send a special EU envoy to the country to press the need for moderation and reconciliation. SITUATION IN EAST TIMOR The Council raised the problem of the situation in East Timor and agreed to continue the Union's action on the matter, especially within the UN Commission for Human Rights in Geneva. PROTECTION OF INDIVIDUALS WITH REGARD TO DATA PROCESSING The Council noted that there was agreement, with the United Kingdom delegation abstaining, a scrutiny reservation by Sweden and a linguistic reservation by Finland, on the common position on the Directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The common position will be adopted finally after the text has been checked in the new official languages of the Union. The Directive is to be adopted by the Council and the European Parliament under the co-decision procedure. The Member States will then have three years in which to put the legislation on their statute books. The Directive forms part of moves to create a European information area, in which there will probably be a substantial increase in the processing of personal data However, the emergence of "information super-highways" and of "multi-media" will create the potential for data processing to intrude increasingly on people's privacy. The Directive is designed to establish a clear and stable legal framework, which is essential for the information society to develop in a manner acceptable to the European citizen. It will ensure that personal data can move freely throughout the Community, but prevent the distortions of competition and risks of relocation of undertakings that might ensue, by securing an equivalent high level of protection for individuals with regard to processing of such data in all Member States. The Directive places obligations on the users of data (individuals, public authorities, undertakings or associations) and establishes rights for data subjects, while leaving the Member States some room for manoeuvre as regards transposition into national legislation. The principles laid down by the Directive concern, in particular: - the conditions under which the processing of personal data (collection, alteration, use, alignment or combination, erasure, etc.) is legitimate; - the rights of the data subject (right to be informed, in various circumstances, when data is to be processed, to be able to find out what the data is and to have it corrected if it should prove inaccurate, or to object to processing); - data quality (it must be accurate, collected fairly and lawfully, recorded for specified, legitimate purposes, etc.); - confidentiality and security of processing; - appointment by the Member States of public authorities to monitor implementation of the Directive. The Directive will cover the private as well as the public sector, apart from activities which do not come under Community law (such as those stipulated in the provisions of the Treaty on European Union on the CFSP and cooperation in the fields of justice and home affairs). It will not apply either to processing for the purposes of public security, defence and national security. As regards the processing of data carried out solely for journalistic purposes or the purpose of artistic or literary expression, the common position stipulates that the Member States should provide the necessary exemptions to reconcile the right to privacy with the rules governing freedom of expression. ANNEX WORK PROGRAMME FOR RELATIONS WITH THE CCEEs 1. Bilateral dialogue: The following are planned in this context: - Association Councils (on the occasion of General Affairs Council meetings): . April : Romania, Czech Republic . May : Bulgaria, Slovak Republic - Parliamentary Association Committees: . Poland (30 January to 1 February, Warsaw) . Slovak Republic (16 and 17 March, Strasbourg) . Bulgaria (6 and 7 April, Strasbourg) . Romania (19 and 20 April, Bucharest) . Hungary (22 to 24 May, Budapest) . Czech Republic (29 to 31 May, Prague) - Joint Committees and Association Committees: . Joint Committee with Slovakia (16 February) . Association Committees with Poland and Hungary (May) . Other States: to be decided. 2. Multilateral or "structured" dialogue: - Six joint meetings of the Council with the Central European States linked to the European Union by an Association Agreement which is in force or has been signed will be organized on the occasion of the following meetings: Economic and Financial Questions: 20 March . Culture: 3 and 4 April (and invitation of the Ministers of the associated States to the informal meeting on 14 February) . General Affairs: 10 and 11 April . Internal Market: 6 June . Research: 9 June . Justice and Home Affairs: 20 June. The future Spanish Presidency has, moreover, announced that it planned to hold the following meetings (included in this note in accordance with the report on the strategy for preparing accession which was approved by the latest European Council): . Justice and Home Affairs: 25 September . Transport: 28 September . Agriculture: 16 October . Education: 23 October . General Affairs: 30 October. - In the context of the CFSP and the political dialogue, the following are planned at three levels, in addition to the Council meeting on 10 and 11 April: . Political Committee: 3 and 4 April . European Correspondents' Group: 7 February and 3 April . Working parties: 12 working parties will have meetings with experts from the Associated States. - In the context of Justice and Home Affairs, in addition to the Council meeting on 20 June, a meeting between the K.4 Committee Troika and the CCEE Coordinators was held in Brussels on 19 January. 3. The White Paper on alignment with the internal market will be prepared in accordance with the following timetable: - March: discussion at the informal internal market meeting - Early April: discussion at the General Affairs Council on 10 and 11 April on the basis of a Commission report, and discussion with the Ministers for Foreign Affairs of the associated States (10 and 11 April) on the main lines of the White Paper. - Late April: forwarding of the White Paper to the Council - 6 June: meeting with the associated States' Ministers responsible for the internal market - General Affairs Council on 12 and 13 June: discussion in preparation for the European Council. 4. The following will result from the Stability Pact: - General Affairs Council on 6 February: submission by the Commission of the Annex on accompanying measures and the report on the new programme devoted to regional co-operation and good neighbourly relations; - General Affairs Council on 6 March: discussion of those documents and preparation of the concluding Conference. The concluding Conference on the Stability Pact will be held on 20 and 21 March. 5. With regard to PHARE, a Commission report on improving the transparency and effectiveness of the programme is expected in April. 6. Agricultural questions will be addressed from several angles: - The Association Agreements must be adapted to take account of the impact of enlargement and the Uruguay Round. The Presidency will ensure that the negotiations will be conducted with this aim. - Commission reports (use of tariff quotas, effects of subsidized exports) should be forwarded before the end of the French Presidency. 7. With regard to cumulation of rules of origin, the Council should discuss implementation of the first stage of the strategy decided on by the Essen European Council in this field, on the basis of proposals to be forwarded by the Commission. MISCELLANEOUS DECISIONS (adopted without debate) Kyrgyzstan Following the enlargement of the Community on 1 January 1995, the Council as now constituted confirmed the Decision taken on 15 December 1994 on the signing of the Partnership and Cooperation Agreement with Kyrgyzstan, including the three new Member States in the list of signatories and Swedish and Finnish among the languages in which the Agreement is drawn up. The Agreement is scheduled to be signed on 9 February 1995. Former Yugoslavia The Council supplemented its Decision of 12 December on a joint action on continued support for European Union administration of the town of Mostar. The new Decision brings the total budget needed for EU administration of Mostar for the period up to 31 December 1995 to a maximum of ECU 80 million. Quorum: Amendment of the Council's rules of procedure following the enlargement of the Union on 1 January 1995, the number of members of the Council required to be present in order for it to vote has risen from six to eight. The Council amended Article 7 of its Rules of procedure accordingly. Non-preferential rules of origin - negotiations in the WTO The Council authorized the Commission to conduct negotiations in the World Trade Organization and the World Customs Organization with a view to harmonizing non-preferential rules of origin. The negotiations to be conducted by the Commission will cover disciplines, definition of the concept of "wholly obtained goods" and "minimal operations or processes" and the concept of "substantial processing". Agriculture The Council adopted Regulations - amending Regulation (EEC) No 1873/84 authorizing the offer or disposal for direct human consumption of certain imported wines which may have undergone oenological processes not provided for in Regulation (EEC) No 822/87. The aim is to extend the derogation granted to wines originating in the United States until 31 December 1995; - amending Regulation (EEC) No 2390/89 laying down general rules for the import of wines, grape juice and grape must. The aim is to extend until 31 December 1995 the derogations allowing a certain degree of flexibility as regards the certificates of origin and the analysis reports to be provided by the United States on condition that that country offers specific guarantees accepted by the Community.