13 Enlargement Strategy and Main Challenges
2014-15
Committee's assessment
| Politically important |
Committee's decision | Cleared from scrutiny
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Document details | Commission Communication on EU enlargement strategy and Main Challenges 2014-15 and 2014 Country Progress Reports on Montenegro, Serbia, Turkey, the former Yugoslav Republic of Macedonia, Albania, Bosnia and Herzegovina, and Kosovo
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Legal base |
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Department | Foreign and Commonwealth Office
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Document numbers | (a) (36392), 14152/14 + ADD 1, COM(14) 700
(b) (36393), 14153/14 + ADD 1, SWD(14) 301
(c) (36394), 14154/14 + ADD 1, SWD(14) 302
(d) (36395), 14155/14 + ADD 1, SWD(14) 307
(e) (36396), 14156/14 + ADD 1, SWD(14) 303
(f) (36397), 14157/14 + ADD 1, SWD(14) 304
(g) (36398), 14158/14 + ADD 1, SWD(14) 305
(h) (36399), 14159/14 + ADD 1, SWD(14) 306
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Summary and Committee's conclusions
13.1 The Commission published its latest annual package of reports
on 10 October 2014. The Commission Communication, "Enlargement
Strategy and Main Challenges 2014-2015", provides a statement
of the EU's evolving enlargement strategy, an assessment of progress,
and a look forward to the challenges and priorities for 2015.
This is accompanied by the customary set of comprehensive Progress
Reports for each of the enlargement countries (including candidate
and aspirant countries). Iceland remains a candidate country,
but its Government decided to suspend accession negotiations in
2013. The other candidate countries are Albania, Macedonia, Montenegro,
Serbia and Turkey. Potential candidate countries (those without
formal Candidate Status but with an agreed EU perspective) are
Bosnia and Herzegovina (BiH) and Kosovo.
13.2 All in all, 2014 was seen as a year of fitful
progress. In Albania and Macedonia, the opposition
was boycotting parliament and thus blocking reforms. In Kosovo,
a government had yet to be formed after the June elections; and
in Bosnia and Herzegovina (BiH), the Commission's reference
to a lack of collective will suggested that it did not expect
long-standing political inertia to be resolved by October's elections.
Problems with "rule of law/good governance" issues predominated
in Montenegro so much so that the Commission indicated
that it might slow down the accession process (the first fruits,
perhaps, of "front-loading" this area, and adjusting
the rate of progress accordingly). In the case of Turkey,
there was a litany of concerns about the erosion of fundamental
freedoms and the separation of powers. Serbia was the country
about which the Commission appeared to be most hopeful
even though it was the least supportive of what was regarded as
a benefit of the process, viz., alignment with the EU's foreign
policy priorities, where the new Government preferred to sustain
active relations with Russia and to welcome President Putin in
Belgrade as recently as 16 October.
13.3 The Minister
for Europe (Mr David Lidington) welcomed the Commission's "fair
and balanced assessment of progress and challenges in EU enlargement
countries and of the enlargement process itself", which he
said was "closely aligned with the Government's priorities
on enlargement, highlighting the importance of addressing the
fundamentals first and the need for firm but fair conditionality",
and which "focuses correctly on the central challenges of
the rule of law, judicial reform and the fight against organised
crime and corruption; economic governance and competitiveness;
the importance of strengthening democratic institutions and public
administration reform, and protecting fundamental rights; and
the need for good neighbourly relations and dispute resolution".
13.4 The Minister welcomed the call for enlargement
countries' consolidated efforts to tackle illegal migration and
improve border management, which were:
"particular Government priorities on which
it wishes to see greater activity and enforcement in enlargement
countries. The Government welcomes the focus on human trafficking,
but noted through the Reports less progress in tackling it in
Montenegro, Macedonia and Kosovo than in the other countries.
Moreover, the Government would like to see the absence of laws
against trafficking of minors addressed, and continued development
of asylum and national referral systems in line with EU standards."
13.5 At that stage, the Minister said, the Government
was only able to provide an initial position on the Reports; as
conclusions on EU enlargement would be adopted at the General
Affairs Council on 16 December, with any formal decisions to be
endorsed at the European Council on 18-19 December, there was
time for further developments in the interim; the Government did
not foresee any major decisions being taken on the accession progress
of individual enlargement countries in the context of this Annual
Enlargement Package but, in terms of its position, intended to
take a final decision nearer December, which would give time for
its own considered analysis, in the light of any further progress
countries made and the outcomes of discussions in the relevant
Council working groups; the Government stated that it would keep
Parliament updated over the autumn on developments in its position.
13.6 This was reminiscent of his caveat, at the same
juncture a year ago, with respect to the Commission's recommendation
that Albania be granted candidate status; that had begun a lengthy
exchange between the Minister and the Committee, which we dealt
with further in a separate chapter of our Report.[34]
13.7 So far as these documents were concerned (which,
together, run to several hundred pages), we were, once more, grateful
to the Minister and his officials for his extremely helpful Explanatory
Memorandum.
13.8 We looked forward to being updated over the
next several weeks, particularly with regard to those countries
in which political deadlock was hindering the process; and/or
those where the Commission was emphasising the need to move beyond
legislation and build a track record of implementation.
13.9 On this occasion, we noted that the Minister
did not foresee any major decisions being taken by the December
General Affairs or European Council on the accession progress
of individual enlargement countries. We also noted that the incoming
President of the Commission had publicly stated that there would
be no further enlargement during the next five years.
13.10 We also noted that, against that sort of background
what one had described as the "ring of fire"
that is the EU's "near neighbourhood"[35]
concern was bound to arise that public support for EU-inspired
reforms might be undermined unless the economic benefits were
more tangible. We accordingly asked the Minister to tell us more
about the German-led initiative to encourage the west Balkan states
to work together on regional projects, particularly in energy
and transport.
13.11 We also asked him to explain how changes embodied
in the IPA-II would enable the EU to focus on fewer and bigger
projects.[36]
13.12 In the meantime, we retained the documents
under scrutiny.[37]
13.13 The substance of the Minister's response
is set out below (see paragraphs 13.20-13.24 below for full details).
It is worth highlighting his basic approach, which we endorse:
"It is right that the Commission holds enlargement
countries to account where necessary for not having made reasonable
progress towards the Copenhagen Criteria. This is a consequence
of the added rigour with which it is assessing enlargement countries,
notably under the "New Approach". The Government is
ready to wait as long as necessary for enlargement countries to
evidence a sufficient track record of reform, recognising that
many Western Balkans countries embark on their EU path from a
lower starting point compared to countries from previous enlargement
rounds."
13.14 We now clear the Commission Communication
and country progress reports from scrutiny.
13.15 Though the substance of the Minister's
response is satisfactory, the timing leaves significant room for
improvement (see paragraph 13.25 below). Although no adverse consequences
have resulted from the failure on the part of the Minister's office
to send his otherwise timely response until the eve of the Christmas
recess i.e., well after the relevant Council meetings,
and too late for us to deal with until now that is a happy
coincidence. We note that the Minister has apologised for a "genuine
administrative mistake in my office". We will let the matter
rest here for the time being: but note the Minister's assurance
that he has "put in place measures to ensure that this does
not happen again".
Full
details of the documents:
(a) Commission Communication: Enlargement Strategy and Main
Challenges 2014-15: (36392), 14152/14 + ADD 1, COM(14) 700;
(b) Commission Staff Working Document: Montenegro
2014 Progress Report:
(36393), 14153/14 + ADD 1, SWD(14) 301; (c) Commission Staff Working
Document: Serbia
2014 Progress Report:
(36394), 14154/14 + ADD 1, SWD(14) 302; (d) Commission Staff Working
Document: Turkey
2014 Progress Report:
(36395), 14155/14 + ADD 1, SWD(14) 307; (e) Commission Staff Working
Document: The former Yugoslav Republic of Macedonia 2014 Progress
Report: (36396), 14156/14 + ADD 1, SWD(14) 303; (f) Commission
Staff Working Document: Albania 2014 Progress Report: (36397),
14157/14 + ADD 1, SWD(14) 304: (g) Commission Staff Working Document:
Bosnia and Herzegovina 2014 Progress Report: (36398), 14158/14
+ ADD 1, SWD(14) 305; (h) Commission Staff Working Document: Kosovo
2014 Progress Report: (36399), 14159/14 + ADD 1, SWD(14) 306.
Background
13.16 The Copenhagen criteria require:
the stability of institutions guaranteeing democracy, the rule
of law, human rights and respect for and protection of minorities;
and
a functioning market economy able to
cope with the competitive pressure and market forces within the
Union.
13.17 The ability to assume the obligations of membership
is based on progress in transposing and implementing the acquis
(the body of EU law). For the purposes of accession negotiations
this is split into 35 chapters ranging from the free movement
of goods, through the judiciary and fundamental rights, to the
environment and financial control.
13.18 The Commission's annual report and accompanying
country progress reports have traditionally provided the basis
for the Council to take stock and give direction to accession
negotiations and pre-accession reform priorities (the Council
being responsible for decisions on the admission of new Member
States).
13.19 This year's "Strategy" Communication
is subtitled "Completing the Foundations for Credibility":
reflecting the shift in recent years to "frontloading"
the core priorities rule of law, economic governance,
and public administration reform in accession negotiations
and enhancing the monitoring of candidate countries. The tenth
anniversary of the historic accession of ten new Member States
in 2004 is noted, with mention of the expanded business opportunities,
increased trade and investment (with foreign direct investment
from the rest of the world to the EU doubling as a percentage
of GDP, from 15.2% of GDP in 2004 to 30.5% in 2012) and better
quality of life in those countries.
13.20 The Commission asserts that the accession process
is rigorous, built on strict but fair conditionality, established
criteria and treating each country on its merits. The Strategy
underlines the positive impact of their EU perspective on the
western Balkan countries (enhancing stability, improving regional
relations, deepening cooperation with the EU on key foreign policy
issues, leveraging economic, political and social reform). But
it also underlines how much each of the candidate and aspirant
countries has to do with regard to implementation, especially
in tackling corruption and organised crime, reforming public administration,
judicial reform and in those areas encompassed by the fundamental
freedoms of European society (embedding a parliamentary process,
respecting minority rights, ensuring media freedom etc.).
13.21 The Minister's summaries of, and other detailed
views on, the Commission Communication and each of the Country
Progress Reports are set out in our previous Report.[38]
The Minister's letter of 11 November 2014
13.22 The Minister responds as follows:
"The Government agrees that progress has
not been consistent and that there are areas for concern. Major
challenges remain, notably around the rule of law, tackling organised
crime and corruption, and improving economic governance. However,
we also recognise significant progress that has been made. Albania,
for instance, has continued to make inroads into tackling organised
crime and corruption, demonstrating that its reform ambition is
long-term and substantive. Serbia, too, has taken an energetic
approach to the first year of its accession negotiations.
"It is right that the Commission holds enlargement
countries to account where necessary for not having made reasonable
progress towards the Copenhagen Criteria. This is a consequence
of the added rigour with which it is assessing enlargement countries,
notably under the "New Approach". The Government is
ready to wait as long as necessary for enlargement countries to
evidence a sufficient track record of reform, recognising that
many Western Balkans countries embark on their EU path from a
lower starting point compared to countries from previous enlargement
rounds."
13.23 The Minister then updates his assessment and
comments on our observations on a country-by-country basis:
"The Government continues to monitor closely
progress in Albania, where a parliamentary boycott by opposition
parties remains in place, and understands the OSCE is working
on a Code of Conduct for Parliamentarians to help improve the
quality of Parliamentary debate. The Government continues to encourage
the Albanian government and opposition parties to engage in constructive
debate, using parliament as the proper forum in which to take
forward discussion of reform, and continues to monitor reform
efforts, particularly in the judicial sector where major structural
reform is needed. Inclusive debate is taking place about the shape
of judicial reform in Albania, including measures to tackle judicial
corruption. I am keen to see discussion translated into action,
through a properly thought-through judicial reform process supported
by the international community.
"The Government remains committed to supporting
Bosnia and Herzegovina through its current challenging
phase and beyond. After a relatively negative election campaign,
we have since been encouraged by the more positive focus of the
parties during coalition negotiations. The Government welcomes
the sense of urgency to form governments at all levels, and the
consensus that exists for Bosnia and Herzegovina to move quickly
forward along its European path. We are urging the parties
to tackle broader socio-economic reforms, alongside the long-running
and important political and constitutional questions in line with
our recent joint UK/Germany initiative launched by the Foreign
Secretary and his German counterpart in Berlin on 5 November.
"The Government agrees with the Committee's
assessment that Kosovo has made "fitful progress".
Encouragingly, the areas in which Kosovo has made progress are
the immediate priorities faced in the last year, for example the
well-organised elections, early progress on the Dialogue with
Serbia, the extension of EULEX's mandate and the initialling of
the Stabilisation and Association Agreement with the EU. The areas
identified in the Report as needing further progress are longer-term
but equally important. The Commission is right to draw attention
to these, notably in rule of law, governance and the economy. One
barrier to progress is that Kosovo has still not formed a government.
As a test of Kosovo's political maturity, it is important that
the elected parliamentary representatives agree a course of action
themselves, rather than have a solution imposed by the international
community. President Jahjaga is working to facilitate this outcome,
and we have made clear that we will support any decisions she
makes. If she is ultimately unable to unlock the situation, Kosovo
will head to new elections. I will update the Committee when there
is further movement on this issue.
"The Government continues to closely monitor
progress in Macedonia where, as in Albania, a parliamentary
boycott by opposition parties remains in place. The UK continues
to encourage government and opposition parties to engage in constructive
debate, using parliament as the proper forum. I am concerned at
backsliding on reform. We will be working with our EU partners
over the coming year to deliver coordinated messages to all stakeholders
in Macedonia on the importance of resolving the political crisis,
improving media freedom, and developing a joint approach to a
multi-ethnic society. The Government continues to believe the
best way to address these concerns is through the opening of accession
negotiations and the scrutiny of individual Chapters.
"The Government also concurs with the Committee's
analysis of Montenegro. Despite the opening of Chapters
23 and 24, and key judicial and prosecutorial appointments, this
was a year of lost momentum, due to political polarisation and
public sector capacity weaknesses. The Report's criticism of Montenegro
for its disappointing track record on implementation,
delays in electoral law reform and anti-corruption legislation
was fair. The Government considers the explicit reference
in the Report to the "overall balance clause"
the freezing of the opening and closing of other Chapters until
progress is achieved on rule-of-law a timely warning to
Montenegro. We do not believe that the situation requires the
overall pace of negotiations to be slowed at this time, but will
continue to monitor closely how Montenegro rises to the challenge.
The Government expects outstanding electoral reform and anti-corruption
legislation, revised Action Plans for Chapters 23 and 24, and
enhanced roles for parliamentary committees to improve the quality
of the EU legislative process to be in place in the next few months.
"Serbia faces many challenges on
its path to EU accession, but has made steady progress since starting
negotiations in January. However, one of the areas of concern
we share with the Report is around Serbia's failure to align fully
with EU foreign policy positions particularly in response
to Russian involvement in Ukraine. Serbia has close historical
and social ties with Russia, and strong economic links, and as
a result has refused to join the EU in imposing sanctions on Russia
although Serbia has reiterated its support for Ukraine's
territorial integrity, including Crimea. In theory, Serbia does
not need to align its foreign policy with the EU's ahead of opening
Chapter 31 on Foreign, Security and Defence Policy. But in the
spirit of its entry into accession negotiations, it should be
aligning its foreign policy fully now both rhetorically
and with the EU's restrictive measures. While understanding the
sensitivity of this issue for Serbia, the UK and other Member
States have made it clear to the Serbian government that alignment
with EU foreign policy positions is a key element of EU accession.
"The Report on Turkey contains robust
criticism on the erosion, through a series of legislative measures,
of the independence and impartiality of the judiciary, restrictions
on freedom of expression and the wider response to corruption
allegations against the government. The Report also correctly
highlights the key role that the Turkish Constitutional Court
has played in reversing a number of provisions in recent legislation.
In particular, through the overturning of bans on YouTube and
Twitter, the Constitutional Court has proved itself to be a genuine
guarantor of fundamental rights in Turkey. Further reform is needed
to strengthen the independence, impartiality and efficiency of
the Turkish judicial system.
"The Turkish government's response to the
Report has been constructive, and centred on the publication of
an updated EU Strategy, consisting of a "National Action
Plan for EU Accession" and "Communications Strategy"
which combine to set out priorities for political and socio-economic
reform. With a focus on the technical alignment process, the Action
Plan sets out primary and secondary legislation that is planned
under each Chapter, giving a clear indication of concrete action
that will be taken. Given the inconsistent progress seen
in 2014, particularly on fundamental rights and rule of law, I
look forward to this Action Plan acting as a catalyst for improvement
in the coming year."
13.24 Then, turning to the Committee's request for
further information on the German-led initiative to encourage
regional cooperation, the Minister says:
"This centred on a Conference hosted by
Chancellor Merkel in Berlin on 28 August, attended by Heads of
Government of the Western Balkans countries. The Conference, to
which prospective future hosts, Austria and France, were also
invited, was intended as the first in an annual series, spanning
2014-2018. Western Balkans countries agreed at the Conference
that, by the time of next year's Conference (to be hosted by Austria),
Serbia and Kosovo should have completed full implementation of
the 19 April 2013 agreement on normalisation, and Bosnia should
have formed a new government. At the Conference, Economics Ministers
of Western Balkans countries sought more investment in the region,
underlining the importance of joint projects in the region for
prospective European investment. Albania, for instance, proposed
an Adriatic-Ionian highway, railway infrastructure, logistical
centres and ports, and broadband connections. Countries further
agreed to cooperate on energy and to overcome challenges implementing
the Energy Community Framework.
"The Government believes Germany's initiative
has given a helpful impetus to regional cooperation. It looks
forward to the discussion being taken forward under the Regional
Cooperation Council and through the Western Balkans Investment
Framework, as set out in the Commission's Enlargement Strategy.
The UK welcomes Germany's focus on energy, given both the primacy
of energy security in current EU discussions, and the importance
the Commission has accorded connectivity in the energy and transport
sectors."
13.25 Lastly, concerning Instrument for Pre-Accession
(IPA) funding, the Minister says:
"The Government welcomes the reforms introduced
by IPA II. Programme activities during 2014 -2020 will be more
closely linked to individual country strategies, which have been
agreed by Member States. The sector-based approach is a positive
step. The Government is also pleased that the 'fundamentals first'
principle is reflected in EU assistance programming. In particular,
the emphasis on the rule of law in the region remains a top priority
for the UK. The "New Approach" also provides greater
recognition that progress on successful reforms should be rewarded
through a performance reserve. These changes should help to focus
EU assistance on fewer and bigger projects that are better targeted
at specific areas and achieve improved results."
The Minister's letter of 2 January 2015
13.26 The Minister writes as follows:
"I would like to apologise for the unacceptable
delay in providing an update to the Committee on the European
Commission Communication on EU Enlargement Strategy and Challenges
2014-15, and 2014 Country Progress Reports on Montenegro, Serbia,
Turkey, the former Yugoslav Republic of Macedonia, Albania, Bosnia
and Herzegovina, and Kosovo. This was caused by a genuine administrative
mistake in my office, for which I apologise.
"My original letter should have reached
the Committee on the 11 November, in time for your consideration
before the December General Affairs Council. However, I regret
that the letter was not transmitted and our mistake did not come
to light until 16 December. My officials have now provided a copy
of the letter, and spoken to the clerks to explain the delay.
"I fully appreciate that we did not meet
the high standards we set ourselves for engaging with the Committee.
I would like to reassure you that we have put in place measures
to ensure that this does not happen again."
Previous Committee Reports
Sixteenth Report HC 219-xvi (2014-15), chapter 4
(29 October 2014).
34 See (36110), 10582/14: HC 219-xvi (2014-15),
chapter 8 (29 October 2014). Back
35
See "Europe's ring of fire" in The Economist,
20 September 2014. Back
36
Also see (36371), 13769/14 at chapter 9 of our 29 October 2014
Report, where we deal with the Commission's 2013 Annual Report
on Financial Assistance for Enlargment, i.e., the IPA and
IPA-II and related financial instruments. Back
37
See HC 219-xvi (2014-15), chapter 4 (29 October 2014). Back
38
See HC 219-xvi (2014-15), chapter 4 (29 October 2014). Back
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