PUBLIC 11087/15 1 DG C LIMITE EN. Council of the European Union Brussels, 4 August 2015 (OR. en) 11087/15 LIMITE PV/CONS 41 RELEX 627

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1 Conseil UE Council of the European Union Brussels, 4 August 2015 (OR. en) 11087/15 LIMITE PUBLIC PV/CONS 41 RELEX 627 DRAFT MINUTES Subject: 3404th meeting of the Council of the European Union (FOREIGN AFFAIRS) held in Brussels on 20 July /15 1

2 CONTENTS Page 1. Adoption of the provisional agenda... 3 NON-LEGISLATIVE ACTIVITIES 2. Approval of the list of "A" items Iran Libya Tunisia Middle East Peace Process EU Action Plan on Human Rights and Democracy Any other business... 5 ANNEX - Statements for the Council minutes... 6 * * * 11087/15 2

3 1. Adoption of the agenda 10909/15 OJ/CONS 41 RELEX 606 The Council adopted the above agenda. NON-LEGISLATIVE ACTIVITIES 2. Approval of the list of "A" items 10910/15 PTS A 59 + ADD 1 The Council approved the "A" items listed in: 1) 10910/15 2) 10910/15 ADD 1: 28. Draft Council conclusions on the Central African Republic 10779/15 COAFR 213 CFSP/PESC 382 ACP 103 POLMIL 71 CSDP/PSDC 416 COHAFA 76 COPS Draft Council conclusions on Mali 10780/15 COAFR 214 CFSP/PESC 383 ACP 104 POLMIL 72 DEVGEN 130 COTER 108 CSDP/PSDC 417 COPS Draft Council conclusions on climate diplomacy 10899/15 DEVGEN 133 CLIMA 80 COPS 226 CFSP/PESC 400 ENV 487 ONU Draft Council conclusions relating to the review of Common Position 2008/944/CFSP on arms exports and the implementation of the Arms Trade Treaty (ATT) 10672/15 COARM 166 CFSP/PESC /15 COARM 165 CFSP/PESC /1/15 REV 1 PESC 245 COARM 53 + REV 2 (hr) 32. Association with the Republic of Serbia Council Decision on the conclusion on behalf of the European Union and its Member States of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union 10931/15 ELARG /15 3

4 33. Draft Council conclusions on migration 10986/1/15 REV 1 COAFR 223 RELEX 616 ACP 107 DEVGEN 136 ASIM 59 JAI 575 COPS 229 MAMA Proposal for transfer of appropriations No DEC 20/2015 within Section III Commission of the general budget for /15 FIN 507 INST 241 PE-L 44 approved by Coreper, Part 2, on Proposal for transfer of appropriations No DEC 23/2015 within Section III Commission of the general budget for /15 FIN 515 INST 242 PE-L 45 approved by Coreper, Part 2, on Iran 11035/15 MOG 62 CFSP/PESC 421 CONOP 79 IRAN 1 Following an exchange of views, the Council adopted conclusions on the agreement on Iran's nuclear programme, as set out in doc / Libya The Council had an exchange of views on the political and security situation in Libya. 5. Tunisia = Draft Council conclusions 11048/15 MAMA 111 CFSP/PESC 422 RELEX 619 TU 14 Following a brief exchange of views, the Council adopted conclusions on Tunisia, as set out in doc /15. The item was also discussed over lunch. 6. Middle East Peace Process 11049/15 COMEP 14 MAMA 112 CFSP/PESC 423 Following a substantive exchange of views on the situation with regard to the Middle East Peace Process and its future prospects, the Council adopted conclusions, as set out in doc / /15 4

5 7. EU Action Plan on Human Rights and Democracy = Draft Council conclusions 10875/15 COHOM 80 CFSP/PESC 395 COSCE 4 FREMP 158 INF 131 JAI 558 RELEX 597 DEVGEN 131 CONUN 141 Following a brief exchange of views, the Council adopted conclusions on the EU Action Plan on Human Rights and Democracy, as set out in doc /15. France and the United Kingdom made statements, as set out in the Annex. 8. Any other business Slovakia, on behalf of the Visegrad Four, raised concerns about the intentions of the President of Republika Srpska to organize a referendum on the state judiciary of Bosnia and Herzegovina. ************ 11087/15 5

6 ANNEX STATEMENTS FOR THE COUNCIL MINUTES Ad "A" item 13: Proposal for a Council Decision establishing the position to be taken by the European Union within the General Council of the World Trade Organization on the accession of the Republic of Kazakhstan to the WTO = Adoption STATEMENT BY IRELAND "The provisions relating to the temporary presence of natural persons for business purposes included in the (above) Decision(s) only bind Ireland as part of the Union where it has notified its wish to participate in the above Decision(s) in accordance with Protocol No.21 on the position of Ireland and the United Kingdom in respect of the area of Freedom, Security and Justice. Ireland will ensure that the temporary presence of natural persons for business purposes is allowed in accordance with those provisions." STATEMENT BY THE UNITED KINGDOM "The provisions relating to the temporary presence of natural persons for business purposes included in the above Decision only bind the United Kingdom as part of the Union where it has notified its wish to participate in the above Decision in accordance with Protocol No.21 on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice." STATEMENT BY THE COMMISSION "The Commission welcomes the adoption of the Council Decision establishing the EU position in favour of the accession of the Republic of Kazakhstan. The Commission notes that it is proposed that a Decision of the Representatives of the Governments of the Member States meeting within the Council be adopted on this accession by common accord as regards the position of the Member States in the WTO. The Commission notes that it would have been possible to adopt an EU decision which would have rendered such a separate decision unnecessary." 11087/15 6

7 Ad "A" item 25: Draft Council Decision on the conclusion, on behalf of the European Union, of the European Convention on the legal protection of services based on, or consisting of, conditional access = Adoption STATEMENT BY FRANCE, THE NETHERLANDS AND ROMANIA "Taking into account that their withdrawal from the Convention of the Council of Europe on the legal protection of services based on, or consisting of, conditional access would in particular impede the implementation of certain provisions of the above mentioned Convention, France, the Netherlands and Romania are willing to remain parties to the Convention. It is our understanding that we will remain parties to the Convention notwithstanding Article 3.1 e) TFEU. Moreover, we expect that any question regarding the implementation of the above mentioned provisions of the Convention will be discussed in full compliance with the EU internal procedures." STATEMENT BY THE COMMISSION "The Commission takes note of the declaration of the Netherlands, France and Romania and underlines its temporary nature. The Commission expects that the Netherlands, France and Romania will withdraw from the Convention as soon as EU's voting right modalities in application of Article 9 and Article 10(3) of the Convention are implemented on the basis of EU's exclusive competence." Ad "B" item 7: EU Action Plan on Human Rights and Democracy Draft Council conclusions STATEMENT BY FRANCE "France endorses the EU Action Plan on Human Rights and Democracy, which represents the culmination of important and essential work intended to enhance the effectiveness, consistency and visibility of the European Union's external action in these areas, in particular through the better use of financial and other instruments for this purpose. France wishes to make the following clarifications regarding points 16(d) and 17(c) of the Action Plan. France, with its commitment to the principle of equality between all individuals, supports any step to guarantee indigenous people full enjoyment of fundamental rights. Referring to the interpretative declaration made at the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, France would note, however, that under the constitutional principles of the indivisibility of the Republic and the unity of the people of France, France grants no collective right to any group whatsoever, defined by a community of origin, culture, language or belief. Human rights are universal rights which are intended to apply to all persons, without distinction. France remains committed to ensuring that each individual can fully and effectively enjoy these fundamental rights, without any discrimination." 11087/15 7

8 STATEMENT BY THE UNITED KINGDOM "The United Kingdom is pleased to indicate its support for the Council Conclusions on the Action Plan on Human Rights and Democracy The United Kingdom joins the other Member States in voicing its commitment to shared principles and values. It recalls that the Union shall respect the national identities of Member States, inherent in their fundamental structures, political and constitutional. The United Kingdom also recalls that the Action Plan covers relevant human rights aspects of the European Union s external action, and does not affect the division of competence between the EU and its Member States. The United Kingdom will promote and protect universal human rights around the world in ways which are most effective in their local context. While the UK supports the appropriate promotion of Economic, Social and Cultural Rights internationally, it has not for example ratified the Optional Protocol to the Covenant on Economic on Economic, Social and Cultural Rights and has no plans to do so." 11087/15 8