17 EU enlargement: Croatia
| (27006)
14215/05
COM(05) 556
| Draft Council Decision on the Principles, Priorities and Conditions Contained in the Accession Partnership with Croatia
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| Legal base | Article 2 of Council Regulation (EC) No 533/2004 on the establishment of European Partnerships in the framework of the Stabilisation and Association Process; QMV
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| Document originated | 9 November 2005
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| Deposited in Parliament | 18 November 2005
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 21 November 2005
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| Previous Committee Report | None
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| To be discussed in Council | 12 December General Affairs and External Relations Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
17.1 On 10 June 1999, at the EU's initiative, the Stability Pact
for South Eastern Europe was adopted in Cologne. In the founding
document, more than 40 partner countries and organisations undertook
to strengthen the countries of South Eastern Europe "in their
efforts to foster peace, democracy, respect for human rights and
economic prosperity in order to achieve stability in the whole
region". Euro-Atlantic integration was promised to all the
countries in the region. At a summit meeting in Sarajevo on 30
July 1999, the Pact was reaffirmed. Those involved include the
countries of the region: Albania, Bosnia-Herzegovina, Bulgaria,
Croatia, Former Yugoslav Republic of Macedonia, Moldova, Romania
and Serbia & Montenegro; EU Member States and the European
Commission; Canada, Japan, Norway, Russia, Switzerland, Turkey,
USA; the UN, OSCE, Council of Europe, UNHCR, NATO, OECD; major
international and European financial institutions; and a number
of regional initiatives. Its focus is the creation of a secure
environment, the promotion of sustainable democratic systems,
and the promotion of economic and social well being, as the fundamental
requirements for sustainable peace and democracy.[27]
17.2 At the November 2000 Zagreb Summit of leaders
from the EU and the countries of the Western Balkans, the region
confirmed its full commitment to the Stabilisation and Association
process (SAp) — a strategy explicitly linking the prospect
of EU accession, adjusted to the level of development of each
of the countries concerned, allowing them to move at their own
pace, and predicated on their each meeting the political and economic
requirements set for all aspirants. There
is a high priority on regional integration measures.
The EU offers a mixture of trade, economic and financial assistance
(the CARDS programme) and contractual relationships (Stabilisation
and Association Agreements).[28]
17.3 In its introduction to the proposed Council
Decision, the Commission recalls that the Thessaloniki European
Council of 19 and 20 June 2003 "reiterated its determination
to fully and effectively support the European perspective of the
Western Balkan countries. It endorsed the Council's Conclusions
of 16 June 2003 on the Western Balkan countries including the
annex 'The Thessaloniki Agenda for the Western Balkans: moving
towards European integration', which introduced 'Partnerships
as a means to materialise the European perspective of the Western
Balkan countries'".[29]
The proposed Council Decision and Annex
17.4 In 2004, the Commission presented a first European
Partnership with Croatia, which was adopted by the Council on
13 September 2004. The Commission proposes to update this on the
basis of its 2005 Progress Report on Croatia and in the light
of the 3 October 2005 decision to begin negotiations with Croatia
on its accession to the European Union, through an Accession Partnership.
The Commission has accordingly also proposed to modify Council
Regulation (EC) No 533/2004, the legal basis of the present Decision,
with the proposed Accession Partnership as an Annex.
17.5 The renewed Partnership lists short- and medium-term
priorities for the country's preparations for further integration
with the European Union, to which Croatia is expected to respond
by preparing a plan, with a timetable and specific measures, of
how it intends to address them. Progress in implementing the priorities
will be monitored regularly by the Commission, through the Progress
Reports and through other structures set up under the Stabilisation
and Association process. The Accession Partnership priorities
should form the basis for programming the financial assistance
of the Community, which will continue to provided under relevant
financial instruments, such as PHARE, ISPA and SAPARD.
17.6 The key Political Criteria include the
need to maintain full cooperation with the International Criminal
Tribunal for the former Yugoslavia (ICTY) and further implementation
of the Constitutional Law on National Minorities — in particular,
urgent steps to ensure proportional representation of minorities
in local, regional and national government. The Croatian government
is also encouraged to complete the process of refugee return,
as well as enhance regional cooperation to find definitive solutions
to other bilateral issues — in particular, border issues
with Slovenia, Serbia and Montenegro and Bosnia and Herzegovina.
17.7 Key priorities on Justice and Home Affairs
include: implementation of the strategy and action plan for judicial
reform; adoption and implementation of a national strategy for
preventing and combating corruption and making the Office for
the Suppression of Corruption and Organised Crime fully operational.
17.8 Key Economic Priorities revolve around
implementation of existing commitments under the Stabilisation
and Association Agreement, particularly in competition policy
— in particular, restructuring the steel industry —
and the acquisition of real estate.
17.9 Beyond these immediate key priorities, a large
number of familiar requirements, tailored to the situation on
the ground, are laid down under the headings of Democracy and
the Rule of Law, Human Rights and the Protection of Minorities,
Regional Issues and International Obligations, Economic Criteria
and Ability To Assume The Obligations Of Membership.
The Government's view
17.10 In his Explanatory Memorandum of 21 November
2005, the Minister of State for Europe in the Foreign and Commonwealth
Office (Mr Douglas Alexander) says:
"Croatia was awarded candidate status in June
2004. The December 2004 European Council agreed to start accession
talks on 17 March provided there was full co-operation with the
International Criminal Tribunal for the former Yugoslavia (ICTY).
This was postponed as the Council determined at the March 2005
General Affairs and External Relations Council (GAERC) that Croatia
was not fully co-operating with ICTY. Following an assessment
by the Chief Prosecutor of the Hague Tribunal, Carla del Ponte,
that Croatia had been fully co-operating with Croatia for a number
of weeks, Croatia opened negotiations on 3 October 2005. The Commission
started the screening process on 20 October and, on current timetables,
we would expect Croatia to start opening negotiations on chapters
of the acquis in late 2005/early 2006. Meanwhile, the Commission
will continue to report on Croatia's progress in meeting the political
criteria, in particular the need to maintain full co-operation
with the ICTY.
"We consider the Accession Partnership to be
a highly useful tool to assist the Government of Croatia to plan
and timetable its reform agenda. We agree with the key findings
— particularly the need to maintain full co-operation with
ICTY, make progress on refugee return and implementation of minorities
legislation as well as urging action on judicial reform, the fight
against corruption and competition policy. These are areas where
urgent action now will ensure Croatia makes steady progress towards
accession."
17.11 He goes on to say that at working group level,
Member States appear to accept the main thrust of the paper but
some amendments have been tabled, and that he expects the final
version to be agreed at the 12 December General Affairs and External
Relations Council.
Conclusion
17.12 The requirements are clearly set out. We
hope that the next Report will indicate continued progress, particularly
in the areas highlighted by the Minister. The decision to open
negotiations was not without controversy, and a further failure
to sustain cooperation with the International Criminal Tribunal
for the former Yugoslavia (ICTY) or to press on with the other
key reforms might be used to call into question the wisdom of
the original decision. The continued integration of Croatia thus
remains very much in its hands.
17.13 We clear the document, provided that the
Minister reverts to us, should any of the amendments to which
he refers prove to be substantial.
27 For further details, see http://www.stabilitypact.org/about/default.asp. Back
28
For further details, see http://europa.eu.int/comm/enlargement/intro/sap.htm. Back
29
COM(05) 556, page 2. Back
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