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SELECT COMMITTEE ON FOREIGN AFFAIRS
MEMORANDUM SUBMITTED BY THE SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS 5 DECEMBER 2006
PROSPECTS FOR THE EUROPEAN COUNCIL, BRUSSELS, 14-15 DECEMBER 2006 Introduction
1. We expect the December European Council to focus on enlargement; Justice and Home Affairs issues; innovation and energy; and external relations. The Finnish Presidency has made it clear it wants to keep discussion tightly focussed on these issues.
Enlargement
2. Turkey and Enlargement Strategy (featuring Absorption Capacity, now known as Integration Capacity) will dominate discussion in December.
3. The Commission's progress report on Turkey, published on 8 November, states that Turkey has not fully implemented the Ankara Agreement Protocol, and that no progress has been made in normalising relations with Cyprus. On political reform, the Commission notes that while Turkey has continued to make progress, the pace has slowed.
4. As a result, the Commission has recommended that the European Union should not open negotiations on 8 chapters directly related to the Ankara Protocol. Furthermore, it recommends that no chapter be provisionally closed until the Commission has confirmed that Turkey has fully implemented its commitments with respect to the Ankara Protocol. The Presidency is hoping to reach agreement when EU Foreign Ministers meet on 11 December, but, if this is not possible, Member States' reactions to the Commission's proposed measures are likely to be the defining theme of the December Council.
5. The Commission's recommendation is, in our view, disproportionate. It is in no-one's interests for Turkey's accession negotiations to founder and it is essential to find a way to keep the negotiations moving ahead.
6. We also expect the European Council to discuss Integration Capacity, following the publication of the Commission's Enlargement Strategy paper. We want to ensure the EU sticks to its existing commitments on enlargement and to ensure any changes to the EU's policy do not rule out the possibility of future enlargements or create new hurdles in the accession process. Equally, we want to make sure that all candidates meet the EU's standards.
An area of Freedom, Security and Justice
7. The European Council will address the Review of the Hague Programme and, in that context, improvement of decision making in Justice and Home Affairs (the Article 42 passerelle). The Council will also discuss the Commission progress report on the implementation of the Global Approach to Migration, an important piece of Hampton Court follow-up.
8. The discussion at the Tampere Informal JHA Council on 20-22 September showed that there was little support amongst Member States for the proposed use of the Article 42 passerelle, and we consider the current debate to be over. In our view this is not the right time to get bogged down in questions of institutional change. Instead, our focus should be on practical action and co-operation, and delivering real benefits to EU citizens.
9. While not on the agenda at the moment there is an important bundle of issues due to go to the JHA Council on 4-5 December, including the Fundamental Rights Agency. If unresolved, they may spill onto the European Council agenda.
Innovation and Energy
10. We want the European Council to maintain the momentum of Lahti and take forward work on climate change and energy. We will also aim to secure Conclusions on strengthening the EU Emissions Trading Scheme.
11. In addition, the Conclusions might also usefully welcome the Energy Efficiency Action Plan and look ahead to the Commission's Strategic Energy Review (due in January 2007). They might also recall the need for decisions on a range of energy issues (including the single energy market and climate change) at the Spring 2007 European Council.
12. In parallel we will want to maintain progress on the broader external energy policy (including discussions with Turkey, Ukraine and Moldova; and work on clean coal in China and India) while underlining the continuing importance of the EU taking a united, common approach to these issues.
13. On Innovation we want to keep up the momentum from Lahti, including on Joint Technology Initiatives and standards, while looking ahead to the Commission's further work on Intellectual Property Rights and also pushing forward with the London Agreement and the European Patent Litigation Agreement. The Competitiveness Council will discuss these issues at the start of December.
14. We will want to review the Education Council's discussion of the higher education sector, while maintaining a firm line on the EIT.
External Relations
15. The Presidency want to keep this short. We want Africa, including Darfur, to feature prominently. Other external items are likely to include the Western Balkans and the Middle East. Other issues may also feature in the light of events.
16. We also expect Conclusions looking ahead to work on developing the European Neighbourhood Policy during the German Presidency.
Foreign and Commonwealth Office5 December 2006
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