19 EU Enlargement
| (27008)
14293/05 + ADD1
COM(05) 561
| Commission Communication "2005 Enlargement Strategy Paper"
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| Legal base | — |
| 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 24 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
19.1 The Commission outlines the rationale for enlargement thus:
"Enlargement is one of the EU's most powerful policy tools.
The pull of the EU has helped transform Central and Eastern Europe
to modern, well-functioning democracies. More recently, it has
inspired tremendous reforms in Turkey, Croatia and the Western
Balkans. All European citizens benefit from having neighbours
that are stable democracies and prosperous market economies. It
is vitally important for the EU to ensure a carefully managed
enlargement process that extends peace, stability, prosperity,
democracy, human rights and the rule of law across Europe".[31]
The Commission Communication
19.2 Ten new Member States joined in 2004. In 2005, the EU signed
an accession treaty with Bulgaria and Romania, opened accession
negotiations with Turkey and Croatia, and opened negotiations
for Stabilisation and Association Agreements (SAA) with Serbia
and Montenegro and Bosnia and Herzegovina. "Each of these
events was justified by the countries' progress in meeting the
relevant conditions".
19.3 The Western Balkans is seen as a particular
challenge: "a convincing political perspective for eventual
integration into the EU is crucial to keep their reforms on track.
But it is equally clear that these countries can only join once
they have met the criteria in full". Candidate status is
necessary but insufficient for opening accession talks; the Commission
will examine implementation of SAA obligations when considering
any membership application.
19.4 Recalling that enlargement policy is defined
by Articles 6 and 49 TEU (that any European state that respects
the EU's fundamental democratic principles), and the political
and economic criteria that have to be fulfilled, together with
the obligations of membership and to implement the EU's laws and
policies, the Commission says that its approach to further enlargement
is "consolidation, conditionality and communication".
19.5 On Consolidation, the Commission says
that "Enlargement has always been an essential part of the
European project. The EU cannot abandon its responsibilities to
ensure security, stability and prosperity on its own continent
and further afield".[32]
But no further enlargement with a large group of countries at
the same time is envisaged: "Accession negotiations with
Turkey are a long-term process. The Western Balkans contains smaller
countries at different stages on their road towards the EU. Future
enlargements will go at the pace dictated by each country's performance
in meeting the rigorous standards, to ensure the smooth absorption
of new members. The pace of enlargement has to take into consideration
the EU's absorption capacity. Enlargement is about sharing a project
based on common principles, policies and institutions. The Union
has to ensure it can maintain its capacity to act and decide according
to a fair balance within its institutions; respect budgetary limits;
and implement common policies that function well and achieve their
objectives".[33]
19.6 On Conditionality, the Commission says
that "the EU must remain rigorous in demanding fulfilment
of [the various criteria for enlargement,] but fair in duly rewarding
progress",[34] and
that it is prepared to recommend the suspension of progress in
cases of serious and persistent breaches of the EU's fundamental
principles, or if a country fails to meet essential requirements
at any stage. Such requirements include cooperating with the International
Criminal Tribunal for the former Yugoslavia (ICTY).
19.7 On Communicating enlargement policy,
the Commission highlights the concerns of EU citizens about European
integration in general, and enlargement in particular, and calls
for both the Commission and Member States to communicate better
the objectives and challenges of the accession process and how
it deals with the countries. "Better communication about
previous enlargements is vital to ensure support for future accessions".[35]
Central to the Commission's communications strategy is the civil
society dialogue, which aims to reinforce links between civil
society in the EU and candidate countries in order to improve
mutual understanding, address concerns, and encourage a high quality
Debate (and which we considered on 12 October).[36]
19.8 Against this background, detailed Progress Reports
on the candidate countries, Croatia and Turkey, and then the Western
Balkan potential candidate countries, are published alongside
this paper. They give a factual account on the stages reached
on reaching the requirements to close each Chapter in the acquis
communautaire. As in previous reports, "progress"
has been measured on the basis of decisions actually taken, legislation
actually adopted and measures actually implemented. Each is summarised
with conclusions and recommendations in the Enlargement Strategy
Paper.
19.9 They are also helpfully summarised by the Minister
of State for Europe in the Foreign and Commonwealth Office (Mr
Douglas Alexander) in his 24 November Explanatory Memorandum,
as follows:
PROGRESS REPORT ON TURKEY
"The Commission assess that the "political
transition is ongoing in Turkey and the country continues to fulfil
the Copenhagen political criteria" but that "the pace
of change has slowed in 2005 and implementation of the reforms
remains uneven." It acknowledges progress in a number of
areas, notably on the judicial system and civil-military relations,
but says more is needed. It highlights more limited progress on
issues such as cultural rights for minorities and freedom of religion.
The Turkish Foreign Minister responded to the publication of the
report saying that his government "is determined to implement
the reforms, to deepen and strengthen democracy. We know our own
deficiencies and we are determined to overcome them in the coming
process." For the first time, the Commission states that
Turkey can be regarded as a functioning market economy."
PROGRESS REPORT ON CROATIA
"The Commission assesses that Croatia faces
no major difficulties in meeting the political criteria. Progress
is evident, but must continue on judicial reform, anti-corruption
measures, implementation of minorities legislation, refugee return
and regional cooperation. Full cooperation with the ICTY will
remain a requirement for progress throughout the accession process.
Less than full co-operation with ICTY at any stage could lead
to the suspension of negotiations.
"On the Economic criteria, Croatia can be regarded
as a functioning market economy which should be able to cope with
the competitive pressures and market forces within the Union in
the medium term, provided that it continues to implement a reform
programme. Croatia's economy is already well integrated with that
of the EU and regional trade integration has strengthened. However
Croatia still needs to take measures on subsidies, social transfers
and state interventions and furthermore work to develop a better
climate for private sector growth and Foreign Direct Investment
(FDI) - not least through a better functioning judiciary.
"The Commission identifies some progress since
the avis on membership (in June 2004) on Croatia's ability
to assume the obligations of membership. This has been particularly
marked in free movement of goods and public procurement as well
as information society and education and culture. But the report
notes that in many areas, enforcement is weak and administrative
capacity remains uneven. Amongst the areas that the Commission
judge will require either considerable or very significant efforts
are the chapters on environment, agriculture, Justice and Home
Affairs (JHA) and competition."
PROGRESS REPORT ON ALBANIA
"The Commission's paper notes that Albania has
made progress across a range of issues but in general needs to
implement policies and new laws more efficiently to achieve better
practical results. The functioning of the judicial system has
improved but more still needs to be done to execute judgements.
Similarly considerable further efforts are required to enforce
current legislation and adopt new measures in line with Albania's
anti-corruption action plan. People trafficking remains a significant
problem. Higher priority should also be given to funding the Government's
anti-drug strategy and implementing measures against organised
crime. Witness protection, for example, must be improved urgently.
Regionally Albania continues to play a positive role. Economic
growth remains strong but more needs to be done to improve competitiveness.
The establishment and enforcement of property rights remain difficult,
damaging the potential for investment and economic activity. On
internal market issues, Albania has made some progress, for example
in the areas of free movement of goods and custom rules but further
work is required in other areas, including enforcement of environmental
legislation."
PROGRESS REPORT ON BOSNIA AND HERZEGOVINA
"On the political side, the report welcomes
the adoption of legislation in many areas, including on judicial
structures, corruption, and refugee return, but noted that there
is more to do to make executive and legislative bodies more effective,
to equip State-level bodies, and ensure good State/entity co-ordination.
The economy still requires vigorous structural reform in order
to improve competitiveness. Public spending needs to be reduced.
Positive steps have been made towards meeting European standards,
particularly on the adoption of legislation on public broadcasting,
free movement of goods, customs and taxation, transport, and organised
crime. Further progress is needed across the board on improving
capacity, on strategic planning and implementation, including
in the media, agriculture, industry and energy sectors. Although
there has been improved cooperation regarding ICTY, the fight
against organised crime, terrorism and money laundering, there
is much more to be done. Little has been achieved in the fight
against drugs, and adequate legislation should be adopted to address
this."
PROGRESS REPORT ON SERBIA AND MONTENEGRO
"The key political challenges facing Serbia
and Montenegro (SaM) are: the need for full cooperation with ICTY
to bring the remaining fugitives to justice; the importance of
constructive engagement on the Kosovo status issue; and the need
to adopt a transparent, constitutional approach to the State Union
and any independence referendum in Montenegro. It is also important
for SaM to make further progress in the implementation of reforms
in the areas of minority rights, defence, public administration
and the judiciary, and above all, to address the need for a revision
of the Constitutions of the two Republics. Economic activity in
Serbia has been robust but further commitment to macroeconomic
stabilisation and structural reform is required. Economic growth
has also strengthened in Montenegro but further private sector
development is required as well as a decrease in external debt.
SaM has made good progress in meeting the various European standards
but continued efforts are required in the main areas for which
each Republic is separately responsible: internal market; free
movement of goods, persons, services and capital; customs; competition;
public procurement; intellectual property rights; agriculture;
transport and energy; media; justice and security; and organised
crime and corruption."
REPORT ON KOSOVO
"The paper accurately identifies Kosovo's principal
challenges as the strengthening of the rule of law, reforming
judicial institutions to make them more responsive, dealing with
an increasing backlog of cases that risks undermining the judiciary
more broadly in Kosovo, introducing and seeing through vigorous
economic reforms to address serious shortcomings in the competitiveness
of Kosovo's economy. Unemployment remains very high with insufficient
basic infrastructure impeding economic activity. Although Kosovo
has made some progress in terms of alignment with European standards,
overall progress has been uneven. Kosovo's government will need
to continue to make progress in order to underpin Kosovo's longer-term
security and build firmer foundations for a multi-ethnic Kosovo."
The Government's view
19.10 On the Enlargement Strategy, the Minister
says:
"The Government welcomes the Strategy and Progress
Reports which set out the case for continuing enlargement to Turkey
and the countries of the Western Balkans. Enlargement has been
one of the EU's most successful policies and it is important the
process continues. The Strategy provides a useful summary of where
each candidate/potential candidate sits in the accession process
and sets out with some clarity the steps of the stabilisation
and association process and how it interacts with the accession
process. The Government welcomes the focus on continued rigour
by the Commission in monitoring preparations by the countries
concerned and the suggestion that each country will be judged
solely on its individual merits and would agree on the importance
of communicating the benefits of enlargement."
19.11 On the Strategy for the Western Balkans,
he says:
"The Commission's Strategy paper is broadly
helpful. There are some important points to highlight, which helps
clarify the overall process of EU integration for the Western
Balkans and places particular emphasis on conditionality. It makes
clear that a Stabilisation and Association Agreement (SAA) must
be considered as properly implemented before a country can become
a candidate and that achieving candidate status does not mean
that negotiations start immediately. The Government supports this,
as it increases the EU's leverage over the Western Balkans. The
Government is also pleased to see that the Commission's Strategy
repeatedly cites full cooperation with ICTY as a requirement for
further progress."
19.12 He notes that the Strategy Paper and Regular
Reports are closely related to the Accession Partnerships for
Turkey and Croatia and the European Partnerships for the other
Western Balkans countries — which he describes as "essentially
operational action plans drawn from the Reports to assist the
countries concerned in making progress towards EU integration"
— as well as to the avis on the former Yugoslav Republic
Macedonia (the analysis of Macedonia is included in the Opinion
on its application for EU membership, which we consider elsewhere
in this Report, along with the Council Decisions on Accession
Partnerships and with Turkey and Croatia and the European Partnerships
with the countries of the Western Balkans).[37]
19.13 On the Financial Aspects, he notes that
after becoming a candidate country, Croatia became eligible
for all three pre-accession financial instruments: Phare for institution-building
and economic and social cohesion, ISPA for environment and transport
infrastructures and SAPARD for agricultural and rural development.
Croatia also remains eligible for the CARDS Regional Programme
in 2005 and 2006. Pre-accession financing amounts to €105 million
in 2005 and €140 million in 2006. Croatia can also participate
in Community Programmes.
19.14 The 2005 pre-accession financial assistance
programme for Turkey consists of a national programme and
associated expenditure on multi-country programmes, communication
and management, bringing the overall total to €300 million
in 2005 and €500 million in 2006.
19.15 The reform agenda contained in the European
Partnerships is supported with a range of instruments. EU
assistance to the Western Balkans comprises an allocation of €539 million
in 2005 alone, including support to the CARDS regional programme
for which Croatia remains eligible.
19.16 EU Foreign Ministers will note the document
at the 12 December 2005 General Affairs and External Relations
Council.
Conclusion
19.17 The House has consistently supported EU
enlargement, most recently in the case of the opening of accession
negotiations with Turkey, which received all-party endorsement.
That said, the Commission's approach, of Consolidation, Conditionality
and Communication, is well-balanced.
19.18 As we have observed elsewhere in this Report,
sustained progress is required, especially in the Western Balkans,
in by now familiar areas if the sustainable, law-based democratic
systems that embody European values are to be realised; with a
great deal remaining to be done before they can be said to be
fully functional; and where, though the EU can, and indeed should,
help, responsibility is primarily in the hands of the Partner
countries themselves.
31 COM(05) 561, page 2. Back
32
Ibid, page 2. Back
33
Ibid, page 3. Back
34
Ibid, page 3. Back
35
Ibid, page 4. Back
36
(26702):10716/05 + ADD 1: HC 34-v (2005-06), para 37 (12 October
2005). Back
37
see paras 20, 18, 17 and 21. Back
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