1 Enlargement Strategy
and Main Challenges 2009-10
| (a)
(31017)
14513/09 COM(09) 533
(b)
(31018)
14515/09
SEC(09) 1333
(c)
(31019)
14516/09
SEC(09) 1334
(d)
(31020)
14748/09
SEC(09) 1335
(e)
(31021)
14749/09
SEC(09) 1336
(f)
(31022)
14751/09
SEC(09) 1337
(g)
(31023)
14752/09
SEC(09) 1338
(h)
(31024)
14753/09
SEC(09) 1339
(i)
(31025)
14754/09
SEC(09) 1340
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Commission Communication: Enlargement Strategy and Main Challenges 2009-2010
Progress Report on Croatia
Progress Report on Turkey
Progress Report on the former Yugoslav Republic of Macedonia
Progress Report on Montenegro
Progress Report on Albania
Progress Report on Bosnia and Herzegovina
Progress Report on Serbia
Progress Report on Kosovo[1]
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| Legal base | —
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | Minister's letter of 12 January 2010
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| Previous Committee Report | HC 19-xxxi (2008-09), chapter 2 (11 November 2009)
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| Discussed in Council | 7-8 December 2009 General Affairs and External Relations Council (GAERC)
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| Committee's assessment | Politically important
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| Committee's decision | Document (a) for debate in European Committee B (decision reported on 11 November 2009) Documents (b)-(i) cleared (decision reported on 11 November 2009); further information now provided
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Background
1.1 The main document (which the Committee considered on 11
November last) is the Commission's "Enlargement Strategy
and Main Challenges 2009-2010". Annex 1 of the Communication
is the key points (styled "Conclusions") in the latest
Progress Reports on Croatia, Turkey, Macedonia, Montenegro, Albania,
Bosnia and Herzegovina (BiH), Serbia and Kosovo. Individual country
progress reports are set out in separate weighty Commission Staff
Working Documents (documents 31018-25). All of this is summarised,
and commented upon by the Minister for Europe at the Foreign and
Commonwealth Office (Chris Bryant), in detail in our previous
Report.
1.2 In sum, 2009 was seen as: a mixed year for
Croatia; a good year for Turkey — still much to do, still
hostage to resolution of the Cyprus question, but underlining
its strategic significance in regional stability and EU energy
security; a good year for Macedonia and Montenegro too. But the
historic animosities that so disfigured the Balkans at the turn
of the last century continue to bedevil the process of reconciliation,
especially in BiH. Bilateral questions are said to be increasingly
affecting the enlargement process, and regional cooperation is
noted as a particular challenge for Serbia and Kosovo.
1.3 Much attention is again given to the "hardy
perennials" of judicial reform and independence, proper functioning
of state institutions and effective policies on tackling corruption
and organised crime. For his part, the Minister said that strengthening
the rule of law "remains a critical challenge — particularly
the establishment of independent and impartial judiciaries and
adequate measures to tackle corruption and organised crime."
The Commission "emphasises the importance it attaches to
these issues and commitment to continuing to support the efforts
made by the countries concerned and to monitor the results",
while the Minister said that the Government "believes that
conditionality is an important part of the accession process."
He also said that it was "important that the accession process
is fair and rigorous, to ensure that each country's progress is
dependant only on meeting the necessary criteria", and that
the Government welcomed the changes that had led "to an improvement
in the quality of the enlargement process, including an earlier
focus on the rule of law and good governance". It was, he
said, "essential to ensure that these elements are tackled
early to resolve problems with corruption, organised crime and
weak or ineffective judicial systems."
1.4 The Minister also summarised the "strategy"
component of the Communication for Croatia as follows:
"The enlargement strategy states that Croatia
continued to meet the political criteria and make progress in
most areas, including intensified efforts in the field of the
rule of law. But in some areas progress has fallen behind the
indicative road map for reaching the final stages of negotiations
set out last year. A dispute about the Croatia/Slovenia border
held back accession negotiations. But nonetheless preparations
advanced substantially across the board so that technical negotiations
are now nearing their final phase. If Croatia is able to meet
the criteria then it should be possible to complete negotiations
in 2010.
"Reform efforts need to be stepped up in the
areas of judiciary and fundamental rights, in particular as regards
the independence and efficiency of the judiciary, the fight against
corruption and organised crime, minority rights, including refugee
return, and war crimes trials. Public administration reform also
requires particular attention.
"Croatia also needs to take all necessary steps
to settle the issue of access for the International Criminal Tribunal
for the former Yugoslavia (ICTY) to important documents. The Government
agrees with this assessment. In particular we urge Croatia to
do everything possible to demonstrate full cooperation with ICTY."
Our assessment
1.5 Despite the emphasis on having improved the
accession process, that the Minister said only that "conditionality
is an important part" of it was, the Committee felt, in unhappy
contrast with the positions set out by the Foreign Secretary in
his evidence to us in July, and subsequent correspondence,[2]
and the Minister's own evidence session on 28 October.[3]
1.6 With regard to the new chapter 23 of the
accession process, which covers these "governance" issues,
the Foreign Secretary noted that when the moment came for the
Council to set closing benchmarks, "we and the EU will certainly
want to ensure that they set clear requirements for tackling corruption,
including a track record of results". We subsequently asked
the Minister for Europe if he agreed that, when it comes to "a
track record of results", Croatia should be required to demonstrate
before accession what the Commission is still seeking from Bulgaria
and Romania, viz:
— "an
autonomously functioning, stable judiciary, which is able to detect
and sanction conflicts of interests, corruption and organised
crime and preserve the rule of law";
— "concrete cases of indictments,
trials and convictions regarding high-level corruption and organised
crime"; and
— a " legal system … capable
of implementing the laws in an independent and efficient way."
His answer then was an unequivocal: "Yes".
This, the Committee felt, seemed to be a long way from the position
he had adopted now.
1.7 Instead, there remained indications of continuing
pressure for the conclusion of negotiations on Croatia's membership
application by the end of 2010, despite there clearly being a
great deal to be done if conditionality is to be properly adhered
to, and to move ahead with Serbia's Stabilisation and Association
Agreement, notwithstanding the continuing freedom of the most
egregious fugitive from justice, Ratko Mladic.
1.8 2009 had also seen applications for membership
from two further countries at very different stages of development:
Albania (where, despite the Government's support for the Commission
being asked to provide a formal Opinion on her application, the
further progress needed in the "hardy perennials" was
apparently holding up Council agreement) and Iceland.
1.9 Since these documents were to form the basis
of a discussion on enlargement at the December GAERC, and "possibly
the December European Council", we recommended that the Commission
Communication: "Enlargement Strategy and Main Challenges
2009-2010" be debated in the European Committee prior to
the 7-8 December GAERC.
1.10 We cleared documents (b)-(i).[4]
The Minister's letter of 12 January 2010
1.11 The Minister begins by recalling his evidence
to the Committee on 28 October 2009, and says that he would like
to inform the Committee of developments on Croatia's cooperation
with the International Tribunal for the Former Yugoslavia (ICTY)
and progress on accession negotiations, and continues as follows:
"As the Committee will be aware, the UK and
3 other Member States have put a brake on progress of that part
of the accession negotiations dealing with the judiciary and fundamental
rights in order to encourage Croatia to improve investigation
into the whereabouts of missing documents requested by ICTY prosecutors
for the trial of General Gotovina.
"Since September, under new Croatian Prime Minister
Kosor there have been several positive developments. A Croatian
taskforce was established to investigate the whereabouts of the
requested documents. Prime Minister Kosor has been personally
involved in efforts to resolve this issue. She has assured us
that she is serious about searching for these documents and does
not wish to put Croatia's EU membership at risk over this issue.
In December, Croatian authorities raided several addresses including
those connected to Gotovina's defence team and seized hundreds
of military documents. Some new material welcome to Brammertz[5]
has been provided. Brammertz reported progress to the UNSC on
2 December and to the General Affairs Council on 7 December. Croatia
has also asked for outside assistance in order to improve its
investigation into the whereabouts of the documents requested
by Brammertz.
"The Government believes that this recent improvement
in Croatian activity and renewed commitment is welcome and should
be recognised, and Kosor's initiative supported, by allowing the
chapter to progress to the next stage. We will therefore lift
our reserve agreeing that the opening benchmarks (which did not
include ICTY conditionality) had been met. If others, as we expect,
do likewise, this will allow us to start negotiation on opening
the chapter. The EU will invite Croatia to submit its negotiating
position and EU member states will negotiate our common position
including closing benchmarks (that will cover, amongst other things,
the important areas of tackling corruption and reform of the judicial
system).
"However, as Croatian investigations and the
Gotovina trial are still ongoing and we want to see these positive
steps maintained, we will not agree formal opening of the chapter
unless Croatia continues constructive cooperation with ICTY Prosecutors.
We also aim to secure EU agreement to make full cooperation with
ICTY a condition for closing the chapter. We will also continue
to raise ICTY cooperation with the Croatian Government in bilateral
and other EU contacts."
Conclusion
1.12 The debate in the European Committee
will take place on 26 January 2010. We thank the Minister for
his further information, which we are reporting to the House
both because of the widespread interest in the issues dealt
with in the Minister's letter and also for the benefit of Members
who may wish to participate in the debate.
1 Under UNSCR 1244/99. Back
2
See headnote: (30828) (30829): HC 19-xxvi (2008-09), chapter 22
(10 September 2009). Back
3
To be published as HC 1076. Back
4
See headnote: HC 19-xxxi (2008-09), chapter 2 (11 November 2009). Back
5
Serge Brammertz, the International Criminal Tribunal for the Former
Yugoslavia (ICTY) Chief Prosecutor. Back
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