European Union

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EU Foreign Affairs ministers meet in Brussels on 14 November 2016 to discuss the Eastern Partnership, taking stock of the current multilateral and bilateral relations with Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine. Foreign ministers are having an exchange of views on the Southern Neighbourhood, including the latest developments in Syria.

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Source : © European Union, 2016 - EP

On 14 November 2016, the Council adopted an amending regulation concerning goods that can be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.

The agreement will enable regulation 1236/2005 to be amended in the light of developments since it entered into force in 2006. It provides for modifications to the current rules on export controls, for new controls on brokering services and technical assistance, for a ban on advertising of certain goods and for amendment of the definition of other cruel, inhuman or degrading treatment or punishment. The aim is to prevent EU exports from contributing to human rights violations in third countries.

A ban on torture and ill-treatment is enshrined in United Nations conventions on human rights. At EU level, the Charter of Fundamental Rights prohibits capital punishment and provides that "no one shall be subjected to torture or to inhuman or degrading treatment or punishment". The EU also promotes respect for fundamental rights around the world.

2005 regulation on torture goods

Regulation 1236/2005 bans the export and import of equipment/goods that can only be used for torture or capital punishment. Such goods are listed in annex II to the regulation.

The regulation requires specific licences for exports of equipment/goods that could have such uses but which also have legitimate applications. Such goods are subject to a case-by-case assessment and are listed in annexes III and IIIA to the regulation.

In December 2011, the regulation was amended to control the export of drugs that could be used in executions by lethal injection.

Amendments

The new regulation allows for exports to countries that are parties to international conventions on capital punishment to be covered by a general authorisation. The country must have abolished the death penalty for all crimes and the goods must not be re-exported to other countries.

The new regulation also imposes a ban on the brokering of equipment that is subject to an import and export ban as listed in annex II, so as to cover transfers of goods that are not located in the EU. It additionally bans the provision of brokering services by any broker who is aware that goods listed in annex III or IIIA may be used for torture or capital punishment.

The regulation bans the supply of technical assistance (concerning goods listed in annex III or IIIA) by anyone who is aware that the equipment in question may be used for torture or capital punishment.

It also adjusts the definition of other cruel, inhuman or degrading treatment or punishment in the light of case-law of the European Court of Human Rights.

It furthermore provides for an urgency procedure in case rapid amendment of the regulation's annexes is necessary when new goods enter the market.

Under the agreement with the European Parliament, the agreed text:

• introduces a prior authorisation regime for brokering services and technical assistance for goods listed in  annex III and IIIA
• prohibits the transport of goods in transit if they are listed in annex II, and of those listed  in annex III or IIIa if the economic operator has information about their use in the country of destination
• prohibits the advertising and promotion at exhibitions and trade fairs of goods listed in annex II
• establishes a coordination group, which will serve as a platform for member state experts and the Commission to exchange information on administrative practices and which will also discuss questions of interpretation, developments and implementation of the regulation

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EU Ministers of Agriculture and Fisheries meet in Brussels on 14-15 November 2016 to focus on 2017-18 fishing opportunities for deep-sea stocks, the multi-annual plan for demersal stocks in the North Sea, the recommendations of the Agricultural Markets Task Force and the impact of trade on EU agriculture.

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The Council endorsed the joint communication "Elements for an EU-wide strategic framework to support Security Sector Reform (SSR)". The Council called on all EU actors for a swift implementation of the EU SSR framework.

SSR provides foundations contributing to the establishment of effective democratic control and accountability of the security sector and is therefore relevant in all contexts - including stable ones - to improve governance and human security, and throughout the whole conflict cycle.

SSR is a key component of conflict prevention by addressing potential crisis factors, as well as of crisis management and conflict resolution, post-conflict stabilisation, peace-building and state-building by reinstating accountable security institutions and restoring effective security services to the population, thus providing the environment for sustainable development and peace.

Foreign affairs ministers and defence ministers held a joint session on the implementation plan on security and defence.

The implementation plan on security and defence was presented by the High Representative, taking into account her roles as  Vice-President of the European Commission and Head of the European Defence Agency, to member states at the Council meeting.

The Council adopted conclusions on implementing the EU global strategy in the area of security and defence. These conclusions set out the level of ambition as well as concrete actions. These actions will assist the EU and its members states in addressing further Europe's current and future security and defence needs.

The implementation plan on security and defence is part of the follow-up to the EU global strategy on foreign and security policy. The High Representative presented the EU global strategy "Shared vision, common action: a stronger Europe" to the European Council on 28 June. The strategy is intended to guide EU foreign and security policy in the years to come. The Council adopted conclusions on the global strategy on 17 October 2016.

Security and defence is one of the priority areas for the work on implementation of the EU global strategy, which also includes resilience building and integrated approach to conflicts and crises, strengthening the nexus between internal and external policies, updating existing or preparing new regional and thematic strategies and stepping up public diplomacy efforts.

The work on security and defence is conducted in synergy with the work on the Commission European Defence Action Plan as well as in regards to the implementation of the joint declaration by the President of the European Council, the President of the European Commission and the Secretary General of NATO. The implementation plan, together with the Council conclusions, is expected to be presented at the European Council meeting of December.

The Council adopted conclusions welcoming the upcoming fifth review conference of the Convention on prohibitions or restrictions on the use of Certain Conventional Weapons which may be deemed to be excessively injurious or to have indiscriminate effects (CCW) taking place in Geneva from 12-16 December 2016.

The Council confirmed that the conference represents an opportunity to keep the Convention responsive to new developments and strengthen its implementation.

The CCW is a unique international forum gathering diplomatic, legal and military expertise. It offers a flexible way to respond to new developments in weapons technologies and to support the implementation of an essential part of international humanitarian law which contributes to preventing and reducing the suffering of both civilians and combatants.

On 14 November 2016, the Council adopted a mandate for the European Commission and the High Representative for Foreign Affairs and Security Policy to negotiate, on behalf of the EU and its member states, a comprehensive agreement with the Republic of Azerbaijan.

The new agreement should replace the 1996 partnership and cooperation agreement and should better take account of the shared objectives and challenges the EU and Azerbaijan face today.  It will follow the principles endorsed in the 2015 review of the European neighbourhood policy and offer a renewed basis for political dialogue and mutually beneficial cooperation between the EU and Azerbaijan.

1.         Recalling the July 2015 Council conclusions and the joint statement agreed by the HRVP and Foreign Minister Javad Zarif at their April meeting, the European Union expresses its will to develop further its relations with Iran, in a manner fully consistent with the JCPOA.

2.         The European Union reiterates its resolute commitment to the Joint Comprehensive Plan of Action (JCPOA), which is a multilateral endeavour by the E3/EU+3 and Iran. It welcomes that the Joint Comprehensive Plan of Action (JCPOA) is being implemented by all sides. It notes that the International Atomic Energy Agency (IAEA) has issued four reports since Implementation Day verifying Iran's nuclear related commitments. It underlines the need for Iran to continue to cooperate fully and in a timely manner with the IAEA and it supports the Agency work in monitoring Iran's implementation of the deal. It encourages Iran to ratify the additional protocol to its safeguards agreement. The European Union reiterates the need for continued full and effective implementation of the JCPOA throughout the lifetime of the agreement. The European Union confirms its support to the High Representative in her role as Coordinator of the Joint Commission.

3.         The European Union is committed to support the full and effective implementation of the JCPOA including by the lifting of nuclear related economic and financial sanctions and engaging with the private sector and economic operators, especially banks, to promote growth in trade and investment. In particular, extensive guidance has been provided on the lifting of sanctions to ensure the new regulatory framework is clear. The Council will continue to reach out to all relevant parties on this issue.

4.         The European Union welcomes and looks forward to the continued issuing of export licenses by the US Office of Foreign Assets Control for the transfer of commercial passenger aircraft and related parts and services to Iran. The sale of a significant number of aircraft to Iran's airlines  will be an important signal for the successful implementation of the JCPOA. The aircraft's exclusively civil aviation end-use will enhance the people's mobility and contribute to a safer commercial aviation environment.

5.         The upholding of commitments by all sides is a necessary condition to continue rebuilding trust and allow for continued, steady and gradual improvement in relations between the European Union, its Member States and Iran as stated by the July 2015 Foreign Affairs Council.

6.         The Council reiterates its support to the development of EU-Iran relations in areas of common interest such as political dialogue, human rights, economic cooperation, trade and investment, agriculture, transport, energy and climate change, civil nuclear cooperation, environment, civil protection, science, research and innovation, education, including through university exchanges, culture, drugs, migration, regional and humanitarian issues as outlined in the Joint statement agreed by the HRVP and the Iranian Foreign Minister in their April meeting. The Council supports a coordinated EU strategy of gradual engagement with Iran that is comprehensive in scope, cooperative where there is mutual interest, critical when there are differences and constructive in practice. As part of that the Council fully supports the prompt opening of an EU Delegation in Iran as a  key step to deliver the broad cooperation agenda.

7.         The Council welcomes the expansion of the EU's economic relationship with Iran as a result of the implementation of the JCPOA and reaffirms its support for Iran's WTO accession as a way to promote market related reforms and achieve reintegration into the global economy and the rules based trading system. For Iran to fully benefit from the lifting of sanctions, including the full reengagement of European banks and businesses, it is important that it addresses obstacles related to economic and fiscal policy, business environment and rule of law. The Council welcomes Iran's adoption of, and high-level political commitment to, a Financial Action Task Force Action Plan to address its strategic anti-money laundering/combating the financing of terrorism deficiencies, and its decision to seek technical assistance and urges its timely and swift implementation. The EU and its Member States are open to cooperate with Iran in these areas, including providing technical assistance for the implementation of the FATF action plan, and consider the use of export credits to facilitate trade, project financing, and investment in Iran. The Council welcomes the prospect of extending the third country lending mandate of the European Investment Bank (EIB) to Iran.

8.         The Council notes the Iranian President's pledge to improve human rights in the country. However it remains concerned with the human rights situation, in particular the frequent use of death penalty including against juvenile and drug offenders. The EU opposes the use of the death penalty in all circumstances. The Council underlines the need to ensure equal rights of women, and persons belonging to all minorities, including ethnic and religious minorities, respecting freedom of expression, assembly and association and implementing the treaties to which Iran is a party as well as acceding to those conventions to which it is not yet a state party. It also calls on Iran to cooperate with and grant access to the UN special rapporteur. The EU aims at addressing these issues in a constructive manner, including through a dialogue on human rights, which would further identify areas of cooperation in this field.

9.         The Council expresses its concern with the growing tensions in the region and supports ways to promote a more constructive regional environment. Iran plays an important regional role and it is of utmost importance that it takes tangible and constructive steps that would help make an improved regional situation a reality. The EU emphasises its balanced approach to the region and urges all countries in the region to work towards de-escalation of tensions and avoiding actions which feed violence, sectarianism and polarisation. In this sense the Council expresses its concern with the regional military build-up, including Iran's missile programme and calls upon Iran to refrain from activities which may deepen mistrust, such as ballistic missile tests, which are inconsistent with UNSCR 2231, and the statements associated with these.

10.       The EU reiterates its conclusions on Syria of 17 October 2016t and calls urgently for an end to the excessive and disproportionate attacks by the Syrian regime and its allies, both deliberate and indiscriminate, against civilian populations, humanitarian and healthcare personnel and civilian and humanitarian infrastructures. Therefore the Council urges Iran to use its influence on the Syrian regime to end the violence against civilian populations, humanitarian personnel and civilian and humanitarian infrastructures, enable full unhindered country-wide humanitarian access and engage constructively in a negotiated political process. The Council also encourages Iran to fully contribute to laying the ground for the resumption of an inclusive and Syrian led political process under UN auspices. The Council welcomes the outreach of the High Representative in this respect and invites her to continue this work with key actors in the region in support of the efforts of the UNSE Staffan de Mistura.

The Council discussed current multilateral and bilateral relations with the six Eastern Partnership countries - Armenia, Azerbaijan, Belarus, Georgia, the Republic of Moldova and Ukraine. Ministers had an exchange of views on the implementation of the Partnership and possible deliverables to be achieved in 2017, notably with a view to the next Eastern Partnership Summit in November 2017 in Brussels.

The Council adopted conclusions on the Eastern Partnership.

Monday 14 November 2016
13.00 Meeting with European Commission President Jean-Claude Juncker (Berlaymont)

Wednesday 16 November 2016
10.00 Meeting with Prime Minister of Malta Joseph Muscat (photo opportunity)