WRITTEN QUESTION No. 833/98 by Jesús CABEZÓN ALONSO to the Commission. Democracy clause and the Lomé Convention
11. 12. 98 EN Official Journal of the European Communities C 386/49 Further, as far as Community secondary legislation is concerned, the tax appears to be compatible with Community legislation on excise duties. Concerning the common system of value added tax, the conclusion is that Article 33 of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes › Common system of value added tax: uniform basis of assessment (1) does not preclude the levying of a tax like that mentioned by the Honourable Member. Therefore, on the basis of the information in the possession of the Commission, there is no apparent conflict between the tax and Community fiscal legislation. (1) OJ L 145, 13. 6. 1977. (98/C 386/066) WRITTEN QUESTION E-0833/98 by Jesœs Cabezón Alonso (PSE) to the Commission (26 March 1998) Subject: Democracy clause and the LomØ Convention There is a clause in the LomØ Convention making it possible to suspend all or part of the Community support or aid provided under the Convention when a signatory state fails to respect human rights and democratic freedoms or rules. To which states is this so-called ádemocracy clauseí in the LomØ Convention currently being applied? What aid or support has been suspended or withdrawn from these countries? Answer given by Mr Pinheiro on behalf of the Commission (30 April 1998) The Commission would first of all draw attention to the limited value of a list because the situation in a particular country can sometimes be very fluid. The Commission would further point out that the democracy clause in Article 5 of the LomØ Convention, which makes respect for human rights, democratic principles and the rule of law a key element of the Convention, primarily fosters positive action in that framework and makes them points of common interest and a matter for dialogue. This approach must therefore be perceived first and foremost in a spirit of joint commitment to respect for and promotion of universal values. In that sense this clause is applied in a large number of African, Caribbean and Pacific (ACP) countries. Between 1994 and 1997 projects financed on this basis amounted to about ECU 200 million and related in particular to support for democratic processes, strengthening of the adminis- tration of justice, support for parliaments and an independent press, education in human rights and the culture of peace, human rights observer missions and protection of vulnerable groups. The corollary of this positive approach is the ability to take appropriate action in the event of serious and persistent infringements of human rights or suspension of democratic processes. At present, and with the exception of humanitarian aid or aid targeted on the poorest population groups, financial and technical cooperation has been frozen with Sudan since 1990, with former Zaire since 1992 and with Nigeria since 1995. More recently, conditions relating to respect for human rights have been laid down, directed towards the new authorities in the Democratic Republic of the Congo, for the resumption of full, unrestricted cooperation. Cooperation with some countries runs into difficulties calling for appropriate treatment. These include Equatorial Guinea, where gradual resumption of financial and technical cooperation depends on progress with respect for human rights, democratic principles and the rule of law; also countries such as Somalia, Sierra Leone and Burundi, where special treatment is warranted by the crisis or conflict situation prevailing there