Presidency Conclusions, Seville European
Council, 21 and 22 June 2002
1. The European Council met in Seville on
21 and 22 June 2002. The meeting was preceded by an expose«
given by the President of the European Parliament, Mr Pat Cox,
followed by an exchange of views concerning the main items on
the agenda.
The European Council welcomed the considerable
momentum that had been given to the dialogue between the Parliament,
the Council and the Commission in the new partnership referred
to by the conclusions of the Barcelona European Council and gave
a favourable reception to the setting up of the High-Level Technical
Group for Interinstitutional Co-operation.
I. THE FUTURE
OF THE
UNION
Report from the Chairman of the Convention on
the Future of the Union
2. The European Council heard a report from
the Chairman, Mr Vale«ry Giscard d'Estaing, on the progress
of work in the Convention and in the various for a in which civil
society is called upon to express itself. In the light of this
report, the European Council held an exchange of views on the
development of discussions which, following a listening phase,
were now entering a deliberative phase involving detailed examination
of the main questions identified thus far. The European Council
supports the general approach followed by the Convention. It hopes
that the Convention will continue along that path and that within
the time frame set it will produce a positive result with a view
to the Intergovernmental Conference decided upon at Laeken for
the revision of the treaties.
Reform of the Council
3. The European Council embarked upon a
process of reform at Helsinki in December 1999, when it adapted
a set of recommendations, and then in Göteborg and Barcelona,
where it took note of the reports from the Secretary-General/High
Representative, focusing on four main subjects: the European Council,
the General Affairs Council, the Presidency of the Council, and
the legislative activity of the Council and transparency.
4. In the light of a summary report, accompanied
by detailed proposals, submitted in Seville by the Presidency,
the European Council held a detailed discussion on the subject
and gave its agreement to a series of specific measures applicable,
without amendment of the treaties, to the organisation and functioning
of the European Council (see Annex I) and of the Council (see
Annex II). This reform is a substantial change to present practices
in the direction of enhancing the efficiency of the institution
on the eve of an unprecedented increase in the number of Member
States of the Union.
5. The European Council also took note of
the Presidency's report on the current debate regarding the Presidency
of the Union. It found that there was a general readiness to examine
the question further, with the proviso that any adjustment to
the present system of six-monthly rotation will in any event have
to continue to observe the principle of equality between the Member
States. The European Council therefore asked the future Danish
Presidency to take appropriate steps to continue discussions with
a view to an initial report to the European Council in December
2002.
6. The European Council also gave a reminder
of the importance which it attached to the effective implementation
of all the guidelines and operational recommendations adopted
by the Helsinki European Council on 10 and 11 December 1999. In
particular, the Council is asked to study the question of the
use of languages in the context of an enlarged Union and practical
means of improving the present situation without endangering basic
principles. In this context, a proposal should be submitted in
due course and in any event there should be an initial report
to the European Council in December 2002.
7. The new rules referred to in point three
above will enter into force under the next Presidency, unless
otherwise specified. Consequently, the requisite formal amendments
to be made to the Council's Rules of Procedure will be adopted
before 31 July 2002. The implementation of this set of provisions
will be evaluated by the European Council in December 2003.
Treaty of Nice
8. The Taoiseach announced that his Government
intended to organise a referendum in autumn 2002, to enable Ireland
to ratify the Treaty of Nice. He presented the "National
Declaration by Ireland" reaffirming that the provisions of
the Treaty on European Union relating to foreign and security
policy did not undermine its traditional policy of military neutrality
and that this would continue to be the case after ratification
of the Treaty of Nice (see Annex III). The European Council adopted
a Declaration taking cognisance of the National Declaration by
Ireland (see Annex IV). The European Council welcomed the Irish
Government's determination to have the Treaty of Nice approved,
this being a condition for enlargement to take place within the
scheduled timescale.
Better lawmaking
9. The European Council took cognisance
of the communications from the Commission on better lawmaking
and, in particular, the Action Plan for simplifying and improving
the regulatory environment. It invites the three institutions
concerned (Parliament, Council and Commission) to adopt an interinstitutional
agreement before the end of 2002, on the basis of proceedings
in the High Level Technical Group, in order to improve the quality
of Community legislation and the conditions, including time frames,
for its transposition into national law.
ESDP
10. The European Council approved the Presidency
report on security and defence policy.
11. The European Council, being determined
to reinforce the role of the European Union in combating terrorism
and recognising the importance of the contribution of the CFSP,
including the EDSP, to that end, adopted a Declaration (see Annex
V) designed to take greater account of the capabilities required
to combat terrorism.
12. Following the Declaration on the operational
capability of the ESDP adopted at Laeken, substantial progress
has been made with the development of civilian and military capabilities,
implementation of the action plan to remedy existing shortfalls
and the prospects for co-operation on armaments. The European
Council asks the Ministers for Defence, in the General Affairs
Council, to continue to guide the course of these discussions
on capabilities.
13. The European Union reaffirmed that it
was in a position to take charge of crisis management operations,
deciding in particular to conduct the police mission in Bosnia
and Herzegovina (EUPM), which will ensure the follow-on to the
current UN operation as from 1 January 2003.
14. The European Council expressed the willingness
of the European Union to take over from NATO in the former Yugoslav
Republic of Macedonia. It instructed the Secretary General/High
Representative and the competent bodies of the European Union
to make the necessary contacts with the former Yugoslav Republic
of Macedonia authorities and NATO chiefs and to continue and intensify
the planning measures under way in order to be in a position to
take over the NATO operation at the end of NATO's current mandate,
provided that the permanent arrangements between the European
Union and NATO (Berlin+) are then in place.
15. Welcoming the progress achieved so far
by the Spanish Presidency regarding the implementation of the
Nice provisions on the involvement of the non-European Union European
Allies, the European Council tasks the next Presidency, along
with the Secretary General/High Representative, to continue this
work.
16. In the civilian field, work has continued
in the four priority areas (police, the rule of law, civil administration
and civil protection), on both the qualitative and the quantitative
aspects of capabilities. ESDP structures and decision-making procedures
were successfully tested during the first crisis management exercise
conducted by the Union.
17. A report covering all these subjects
will be submitted to the Copenhagen European Council.
II. ENLARGEMENT
18. Decisive progress has been made in the
accession negotiations during the first six months of the year.
The negotiations are now entering their final phase.
19. The road may adopted in Nice has been
followed with the adoption of common positions concerning the
chapters on "Agriculture", "Regional policy and
co-ordination of structural instruments", "Financial
and budgetary provisions" and "Institutions". Financial
and other questions which were not dealt with when common positions
were finalised on these chapters will need to be settled as soon
as possible, while taking account of the conclusions of the General
Affairs Council on 17 June 2002.
20. As regards compliance with the accession
criteria, the European Council stresses that it is important that
the candidate countries should continue to make progress in the
implementation and effective application of the acquis.
The candidate countries must take all necessary measures to bring
their administrative and judicial capacity up to the required
level. In this connection, the European Council welcomes the Commission
report on the specific action plans in this area and on the follow-up
of commitments undertaken during negotiations, singling out in
particular the conclusions of the Council on 10 June 2002 in the
fields of justice and home affairs and of the veterinary and plant
health acquis.
21. Taking account of all these factors
and in order to enable the European Council to be held in the
coming autumn to decide which will be the candidate countries
with which negotiations can be concluded at the end of 2002:
(a) the Council will have to take the appropriate
decisions in order to communicate all the items lacking in the
financial package to the candidate countries in early November,
and
(b) the Commission will have to draft appropriate
recommendations in the light of the regular reports.
22. The European Council reaffirms that,
if the present rate of progress in negotiations and reforms is
maintained, the European Union is determined to conclude the negotiations
with Cyprus, Malta, Hungary, Poland, the Slovak Republic, Lithuania,
Latvia, Estonia, the Czech Republic and Slovenia by the end of
2002, if those countries are ready. The principle of differentiation
must be fully complied with until the end of the negotiations.
Drafting of the Treaty of Accession should continue so that it
can be completed as soon as possible after the conclusion of the
accession negotiations. It would seem reasonable to expect that
the Treaty of Accession could be signed in spring 2003. The objective
remains that these countries should participate in the elections
for the European Parliament in 2004 as full members. However,
this common aim can be realised within the time frame envisaged
only if each candidate country adopts a realistic and constructive
approach.
23. Bulgaria and Romania have achieved considerable
progress over the last few months. The European Council encourages
them to pursue their efforts and reiterates its commitment to
give them full support in their preparation for accession. An
updated road map and a revised and enhanced pre-accession strategy
should be adopted in Copenhagen for the candidate countries still
engaged in negotiations. An increase in pre-accession financial
aid could also be contemplated. Furthermore, if the current pace
is maintained, a more precise timetable could be set for these
countries' accession process by the end of the year.
24. In respect of the accession of Cyprus,
the Helsinki conclusions are the basis of the European Union's
position. The European Union's preference continues to be for
the accession of a reunited island. The European Council fully
supports the efforts of the Secretary-General of the United Nations
and calls upon the leaders of the Greek Cypriot and Turkish Cypriot
communities to intensify and expedite their talks in order to
seize this unique window of opportunity for a comprehensive settlement,
consistent with the relevant UN Security Council resolutions,
hopefully before conclusion of the negotiations. The European
Union would accommodate the terms of such a comprehensive settlement
in the Treaty of Accession in line with the principles on which
the European Union is founded: as a Member State, Cyprus will
need to speak with a single voice and ensure proper application
of European Union law. The European Union would make a substantial
financial contribution in support of the development of the northern
part of a reunited island.
25. The European Council welcomes the reforms
recently adopted in Turkey. It encourages and fully supports the
efforts made by Turkey to fulfil the priorities defined in its
Accession Partnership. The implementation of the required political
and economic reforms will bring forward Turkey's prospects of
accession in accordance with the same principles and criteria
as are applied to the other candidate countries. New decisions
could be taken in Copenhagen on the next stage of Turkey's candidature
in the light of developments in the situation between the Seville
and Copenhagen European Councils, on the basis of the regular
report to be submitted by the Commission in October 2002 and in
accordance with the Helsinki and Laeken conclusions.
III. ASYLUM AND
IMMIGRATION
26. The European Council is determined to
speed up the implementation of all aspects of the programme adopted
in Tampere for the creation of an area of freedom, security and
justice in the European Union. The European Council points here
to the need to develop a European Union common policy on the separate,
but closely related, issues of asylum and immigration.
27. It is crucial for the European Union
and its Member States that migration flows should be managed in
accordance with the law, in co-operation with the countries of
origin and transit of such flows. The European Council therefore
welcomes the results achieved over the last six months, in particular
the comprehensive plan to combat illegal immigration, the plan
for the management of external borders and the Directive laying
down minimum standards for the reception of asylum seekers in
Member States, and calls on forthcoming Presidencies to continue
to give migration issues a special place in their work schedules.
28. Measures taken in the short and medium
term for the joint management of migration flows must strike a
fair balance between, on the one hand, an integration policy for
lawfully resident immigrants and an asylum policy complying with
international conventions, principally the 1951 Geneva Convention,
and, on the other, resolute action to combat illegal immigration
and trafficking in human beings.
29. The Union's action in this area should
be based on the following principles:
— the legitimate aspiration to a better
life has to be reconcilable with the reception capacity of the
Union and its Member States and immigration must pass through
the legal channels provided for it; the integration of immigrants
lawfully present in the Union entails both rights and obligations
in relation to the fundamental rights recognised within the Union;
combating racism and xenophobia is of essential importance here;
— in accordance with the 1951 Geneva
Convention, it is important to afford refugees swift, effective
protection, while making arrangements to prevent abuse of the
system and ensuring that those whose asylum applications have
been rejected are returned to their countries of origin more quickly.
Measures to combat illegal immigration
30. In the comprehensive plan to combat
illegal immigration, the European Union has equipped itself with
an effective means of bringing about proper management of migration
flows and combating illegal immigration. The European Council
calls on the Council and the Commission, within their respective
spheres of responsibility, to attach top priority to the following
measures contained in the plan:
— review, before the end of the year,
of the list of third countries whose nationals require visas or
are exempt from that requirement;
— introduction, as soon, as possible,
of a common identification system for visa data, in the light
of a feasibility study to be submitted in March 2003 and on the
basis of guidelines from the Council; a preliminary report will
be presented before the end of 2002;
— speeding up of the conclusion of
readmission agreements currently being negotiated and approval
of new briefs for the negotiation of readmission agreements with
countries already identified by the Council;
— as regards expulsion and repatriation
policies, adoption by the end of the year, of the components of
a repatriation programme based on the Commission Green Paper;
those components should include the best possible facilities for
early return to Afghanistan;
— formal adoption, at the next Justice
and Home Affairs Council meeting, of the Framework Decision on
combating trafficking in human beings, the Framework Decision
on the strengthening of the penal framework to prevent the facilitation
of unauthorised entry, transit and residence and the Directive
defining the facilitation of irregular entry, transit and residence.
Gradual introduction of co-ordinated, integrated
management of external borders
31. The European Council welcomes the various
recent initiatives in this area and in particular the Commission
communication entitled "Towards integrated management of
the external borders of the Member States of the European Union",
the feasibility study carried out under Italy's leadership concerning
the establishment of a European border police force, taking account
of the intention expressed by the Commission to continue examining
the advisability and feasibility of such a police force, and the
study concerning police and border security, carried out by three
Member States under the OISIN co-operation programme.
32. The European Council applauds the recent
approval of the plan for the management of the external borders
of the Member States, based on those three initiatives, which
should, among other aims, help bring greater control of migration
flows. It urges the introduction without delay, within the framework
of the Council, of the common unit for external border practitioners,
composed of Member States' heads of border control, to co-ordinate
the measures contained in the plan.
It also requests the Council, the Commission
and the Member States, each within its respective sphere of responsibility,
to implement the following:
— before the end of 2002:
— joint operations at external
borders;
— immediate initiation of pilot
projects open to all interested Member States;
— creation of a network of Member
States' immigration liaison officers;
— preparation of a common risk
analysis model, in order to achieve common integrated risk assessment;
— establishment of a common core
curriculum for border guard training and consolidation of European
provisions concerning borders;
— a study by the Commission concerning
burden-sharing between Member States and the Union for the management
of external borders.
Integration of immigration policy into the Union's
relations with third countries
33. The European Council considers that
combating illegal immigration requires a greater effort by the
European Union and a targeted approach to the problem, with the
use of all appropriate instruments in the context of the European
Union's external relations. To that end, in accordance with the
Tampere European Council conclusions, an integrated, comprehensive
and balanced approach to tackle the root causes of illegal immigration
must remain the European Union's constant long-term objective.
With this in mind, the European Council points out that closer
economic co-operation, trade expansion, development assistance
and conflict prevention are all means of promoting economic prosperity
in the countries concerned and thereby reducing the underlying
causes of migration flows. The European Council urges that any
future co-operation, association or equivalent agreement which
the European Union or the European Community concludes with any
country should include a clause on joint management of migration
flows and on compulsory readmission in the event of illegal immigration.
34. The European Council highlights the
importance of ensuring the co-operation of countries of origin
and transit in joint management and in border control as well
as on readmission. Such readmission by third countries should
include that of their own nationals unlawfully present in a Member
State and, under the same conditions, that of other countries'
nationals who can be shown to have passed through the country
in question. Co-operation should bring results in the short and
medium term. The Union is prepared to provide the necessary technical
and financial assistance for the purpose, in which case the European
Community will have to be allocated the appropriate resources,
within the limits of the financial perspective.
35. The European Council considers it necessary
to carry out a systematic assessment of relations with third countries
which do not co-operate in combating illegal immigration. That
assessment will be taken into account in relations between the
European Union and its Member States and the countries concerned,
in all relevant areas. Inadequate co-operation by a country could
hamper the establishment of closer relations between that country
and the Union.
36. After full use has been made of existing
Community mechanisms without success, the Council may unanimously
find that a third country has shown an unjustified lack of co-operation
in joint management of migration flows. In that event the Council
may, in accordance with the rules laid down in the treaties, adopt
measures or positions under the Common Foreign and Security Policy
and other European Union policies, while honouring the Union's
contractual commitments and not jeopardising development co-operation
objectives.
Speeding up of current legislative work on the
framing of a common policy on asylum and immigration
37. In parallel with closer co-operation
in combating illegal immigration, there is a need to press ahead
with examination of proposals under discussion. The European Council
urges the Council to adopt:
— by December 2002, the Dublin II Regulation;
— by June 2003, the minimum standards
for qualification and status as refugees and the provisions on
family reunification and the status of long-term permanent residents;
— by the end of 2003, the common standards
for asylum procedures.
38. The Commission will submit a report
to the Council in late October 2002 on the effectiveness of financial
resources available at Community level for repatriation of immigrants
and rejected asylum seekers, for management of external borders
and for asylum and migration projects in third countries.
39. The European Council asks the Council,
in co-operation with the Commission, to submit for the European
Council meeting in June 2003 a report on the practical implementation
of the guidelines set out in this section.
IV. JOHANNESBURG
40. The European Council recalls the Council
conclusions on the World Summit on Sustainable Development (WSSD),
in particular those of 4 March, 30 May and 4 and 17 June 2002,
and endorses the European Union's overall positions in this connection.
It stresses the European Union's commitment to a successful outcome
at the WSSD and its willingness to continue playing a leading
role in the preparation of the summit, with a view to reaching
a global deal building upon the successful steps of Monterrey
and Doha.
41. The European Union is determined to
secure a comprehensive and timely conclusion to the Doha Development
Agenda, in order to increase the benefits of trade liberalisation
as an engine for the sustainable development of developing countries,
and supports efforts to create regional free-trade areas between
them.
42. The European Council welcomes the increased
ODA commitments announced by Member States and other donor countries
in Monterrey as important contributions to alleviating poverty
and meeting the Millennium development goals. It insists on the
need to give those commitments concrete form. The European Council
also stresses the need to ensure the successful replenishment
of the Global Environment Facility, to enable it to meet the funding
requirements of new and existing areas of action.
43. The European Union will invite other
developed countries to join its positive agenda on globalisation,
trade and finance, in order to help developing countries benefit
from access to developed-country markets so that globalisation
can work to the advantage of all. The European Union undertakes
to step up its action in practice in all these areas.
44. The European Union emphasises that good
governance at national level is essential for sustainable development
and that all States should strengthen their government institutions,
by promoting the rule of law, improving legal structures and providing
access to information.
45. In a spirit of partnership and responsibility,
the European Union will encourage initiatives, particularly in
the areas of drinking water and sanitation, energy (including
renewable energy) and health. When implementing these initiatives,
the European Union will pay particular attention to Africa, working
closely with its partners to lend impetus to the NEPAD initiative.
The European Council stresses the European Union's desire to adopt
in Johannesburg clear and concrete political commitments with
a precise time frame, relying for their achievement on effective
partnership.
46. The European Council stresses the importance,
in the context of sustainable development, of maintaining the
objective of food security as a basic component of the fight against
poverty, as the World Food Summit in Rome has just reiterated.
V. GROWTH AND
COMPETITIVENESS TOWARDS
FULL EMPLOYMENT
Economic outlook and broad economic policy guidelines
47. The recent downturn in economic activity
has ended. The European economy is set to reap the benefits of
sound macroeconomic policies and ambitious economic reform, which
will underpin the ongoing recovery of growth and job creation
and enable economic uncertainty to be faced more effectively.
48. The European Council welcomes the Broad
Economic Policy Guidelines, focused on macroeconomic stability
and growth and on the reform of the labour market and the markets
for goods and services, and recommends their adoption by the Council.
It reaffirms its commitment to the Stability and Growth Pact and
to fiscal consolidation and calls on Member States to follow budgetary
policies in line with BEPG recommendations. Member States are
encouraged to use any growth dividend related to the economic
recovery to consolidate public finances further.
Financial services
49. The European Council welcomes the adoption
of the International Accounting Standards Regulation and the recent
political agreements on the Financial Conglomerates, Market Abuse
and Occupational Pension Funds Directives, and reaffirms its commitment
to the timely and full implementation of the Financial Services
Action Plan.
Taxation of energy
50. The European Council takes note of the
Presidency report on the progress of the Directive on the taxation
of energy and reaffirms the time frame set at Barcelona for its
adoption, in parallel with the agreement on the opening of energy
markets.
Tax package
51. The European Council:
— notes with satisfaction the Council's
situation report on the tax package and its determination to ensure
that the package is finally adopted before the end of the year;
— expects that negotiations with Switzerland
on the taxation of savings, although only recently begun, will
proceed apace and will be concluded as soon as possible in the
second half of 2002.
Administrative co-operation in the area of taxation
52. The European Council welcomes the Council's
situation report on administrative co-operation in the area of
taxation and approves the initiatives put forward in the report
as a basis for further work in this field.
Corporate governance
53. Recent events highlighted the importance
of good corporate governance, particularly for enterprises active
in capital markets. In light of the remit given by the European
Council in Barcelona, in April 2002 the mandate of the EU High
Level Group of Company Law Experts was extended to include issues
related to best practices in corporate governance and auditing,
in particular concerning the role of non-executive directors and
supervisory boards, management remuneration, management responsibility
for financial information, and auditing practices. In June 2002,
the ECOFIN Council took note of a preliminary oral report by the
chair of the High Level Group. The European Council invites the
ECOFIN and Internal Market Councils to have a political debate
on the final report of the High Level Group, to assist the Commission
to put forward specific proposals as soon as possible thereafter.
Economic reform, innovation and competitiveness
54. The Barcelona European Council stressed
the need for a strong drive towards reform and highlighted several
priority areas. Considerable progress has already been made, as
is shown in the Presidency report. The economic reform agenda
launched at the Lisbon summit must be vigorously pursued so as
to achieve the Union's strategic goals. The European Council accordingly:
— calls for the earliest possible adoption
of the decisions implementing the Sixth Framework Programme for
Research (participation rules and specific programmes);
— confirms the timetable agreed in
Barcelona for the opening of the markets in electricity and gas;
— calls for discussions to press ahead
so as to permit a review of the Community guidelines for trans-European
transport networks and the introduction of the single sky within
the agreed time frame;
— endorses the objectives of the Commission's
Action Plan for eEurope 2005 as an important contribution to the
Union's efforts towards a competitive, knowledge-based economy,
calls upon all institutions to ensure that it will be fully implemented
by the end of 2005 and invites the Commission to present in good
time for the spring European Council in 2004, a mid-term review
to evaluate progress and, if necessary, make proposals to adapt
the Action Plan;
— takes note of the Commission's report
on the remaining barriers to the roll-out of third-generation
mobile communications networks and services and calls upon all
relevant administrations to act to overcome difficulties encountered
in the physical deployment of networks; it also invites the Commission
to report back to the Copenhagen European Council on this issue
and on the remaining barriers to open platforms in digital television
and third-geneeration mobile communications on the development
of eCommerce and eGovernment and on the role that
electronic identification and authentification systems could play
in this context;
— takes note of the Commission communication
on evaluation methodology in the context of services of general
economic interest and invites the Commission to report to the
Copenhagen European Council on the state of work on the guidelines
for state aids and, where appropriate, to adopt a block exemption
regulation in this area;
— invites the Council to implement
the biotechnology strategy proposed by the Commission;
— invites the Council to finalise,
before the end of the year, the adoption of the package of measures
on public contracts.
VI. EXTERNAL
RELATIONS
Kaliningrad
55. The European Council invites the Commission
to submit, in time for its Brussels meeting, an additional study
on the possibilities for an effective and flexible solution to
the question of the transit of persons and goods to and from the
Kaliningrad oblast, in compliance with the acquis
and in agreement with the candidate countries concerned.
Middle East
56. The European Council adopted the Declaration
on the Middle East set out below (Annex VI).
India/Pakistan
57. The European Council adopted the statement
on India and Pakistan set out below (Annex VII).
VII. OTHER BUSINESS
Outermost regions
58. The European Council invites the Council
and the Commission to press ahead with implementation of Article
299(2) of the Treaty, which recognises the specific nature of
the outermost regions, and to submit suitable proposals for their
special needs to be taken into account through the various common
policies, in particular transport policy, in the reform of certain
policies, in particular regional policy. In this connection, the
European Council notes that the Commission intends to submit a
new report on those regions, built on a global and coherent approach
to the special characteristics of their situation and to ways
of addressing them.
59. The European Council calls on the Council
and the Commission to complete certain priority proceedings, notably
the question of dock dues in the French overseas departments.
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