TNAG-2496-FCO40-3632-Relations-between-Hong-Kong-and-Macao-(Macau)-1992 — Page 118

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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operation, which was within Community competence.

However, under pressure, he agreed to consider replacing "trafficking" with a reference to drug distribution, or adding that any actions would be within the scope

the scope of Community competence. The Council Secretariat intervened helpfully to point out that there was a translation problem in the English text. In French, the chapeau in paragraph 4 referred specifically to areas within Community competence. The English text would be amended to take account of this.

4. Spain asked if the Commission had any intention to include a suspension clause in the case of the violation of human rights. Such a clause had been included in various agreements with Central and Eastern Europe. They also sought confirmation of the legal base for the negotiating mandate. Borrell confirmed that the legal base was Articles 113 and 265. He undertook to look further into the possibility of incorporating a suspension clause but was disinclined to do so. In Macao, the human rights record was very good. The general reference to the importance of human rights ought therefore to be sufficient. Borrell was concerned that, if the Community took too strong a line, PRC might react on the incorrect assumption that they had a droit de regard on Macao's external affairs.

5. Belgium considered that certain Latin American Co-operation Agreements contained medal human rights provisions which might be more useful for Macao than the Community's agreements with Central and Eastern European countries. They believed that the Commission's concerns could be met by explaining to Macao that the Community was doing no more than propose entirely standard wording. They emphasised that the Community should not attempt to tone down a human rights reference for Macao in any way. France argued that it was important to look at

look at this question in the broader ASEAN context. It would set an unhelpful precedent if, 60 close to the opening of negotiations with ASEAN, the Community were to

to conclude a Co-operation Agreement containing a weak formulation on human rights. They were unconvinced that the Community should need to take too much account of likely Chinese reactions to the Macao text. Indeed, EPC took a tough line with China. The Commission undertook to try to find a formulation which would accommodate Member States' concerns.

6.

The Presidency concluded that the group should return to this issue at the next meeting. It would be helpful if you could consider the relative merits of Latin American/Central European wording on human rights and let us have your views in time for next week's meeting.

Follow up to EC/Pakistan Joint Commission

7. This item was postponed to the next meeting, due to lack of time.

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