COUNCIL OF THE EUROPEAN UNION
COUNCIL CONCLUSIONS ON ENLARGEMENT AND ASSOCATION AND STABILIZATION PROCESS
210th GENERAL AFFAIRS Council meeting
Brussels, 11 December 2012
The Council adopted the following conclusions:
1. In line with the renewed consensus on enlargement approved by the European Council on 14 and 15 December 2006, and the Council conclusions of 5 December 2011, the Council welcomes the communication from the Commission of 10 October 2012 on the Enlargement Strategy and Main Challenges 2012-2013, the progress reports on Turkey, Iceland, Montenegro, the former Yugoslav Republic of Macedonia, Serbia, Albania, Bosnia and Herzegovina, as well as the comprehensive monitoring report on Croatia’s state of preparedness for EU membership, and notes the feasibility study for a Stabilisation and Association Agreement with Kosovo* and takes note of the conclusions and recommendations therein.
*This designation is without prejudice to positions on status, and is in line with UNSCR 1244/99 and the ICJ Opinion on the Kosovo declaration of independence.
2. Enlargement remains a key policy of the European Union. At a time when the European Union faces major challenges, the enlargement process continues to reinforce peace, democracy and stability in Europe and allows the EU to be better positioned to address global challenges and pursue its strategic interests. The prospect of accession drives political and economic reforms, transforming societies, consolidating the rule of law and creating new opportunities for citizens and business in those European countries who want to become part of the project of an ever closer union among the peoples of Europe built on shared values. The accession of Croatia on 1 July 2013, subject to the completion of ratification procedures, as well as the start of accession negotiations with Montenegro and the granting of candidate status to Serbia are a strong testimony that, when conditions are met, the EU delivers on its
commitments, and strengthen the process of reconciliation in the Western Balkans region, demonstrating the transformative and stabilising effect of the enlargement process to the benefit of both the EU and the region as a whole.
3. The Council recalls the renewed consensus on enlargement and reaffirms the importance of its coherent implementation, which is based on consolidation of commitments, fair and rigorous conditionality, better communication, combined with the EU’s capacity, in all its dimensions, to integrate new members, with each country being assessed on its own merits. A credible enlargement policy is key to maintaining the momentum of reform in the countries concerned, and public support for enlargement in the Member States. The Council remains firmly committed to taking the enlargement process forward on the basis of agreed principles and conclusions.
4. Strengthening the rule of law and democratic governance remains crucial for enlargement countries to come closer to the EU and later to fully assume the obligations of EUmembership. The Council notes with satisfaction that the new approach to negotiations on judiciary and fundamental rights and on justice, freedom and security, resulting from the experience of previous accession negotiations, has put rule of law issues, including the fightagainst organised crime and corruption, at the centre of the EU’s enlargement policy. The new approach provides for the above-mentioned issues to be tackled early in the enlargement process, and reaffirms the need for solid track records of reform implementation to be developed throughout the negotiation process, with the aim of ensuring sustainable and lasting reforms. The Council recalls that the new approach envisages incentives and support to the candidate countries, as well as corrective measures, as appropriate. An overall balance in the progress of negotiations across chapters should be ensured. The Council welcomes that the new approach has been applied in the negotiating framework of Montenegro laying also the foundation for future negotiation processes. It expresses its satisfaction that the rule of law is now firmly anchored at the heart of the accession process. The Council also welcomes the cooperation with Europol in this area, as well as the closer interaction with Member States, and the Commission’s intention to reinforce its assessments and reporting to the Council on organised crime for each Western Balkans country, on the basis of specific contributions prepared by Europol.
5. The Council recalls that in a number of enlargement countries problems affecting freedom of expression, including political interference in the media continue to be a matter of particular concern, and invites the Commission to closely monitor developments in this area. The Council welcomes the Commission’s intention to prioritise these issues in the accession process, including the planned “Speak Up!” conference with media and civil society stakeholders from the Western Balkans and Turkey in the first half of 2013. The Council underlines the importance of protecting and ensuring the enjoyment of the full range of human rights, including the rights of persons belonging to minorities, and without distinction as to the sexual orientation or gender identity of persons, including the right to freedom of assembly, expression and association, and the importance of promoting a culture of tolerance. Furthermore, the work on improving social and economic inclusion of vulnerable groups, including the Roma, should continue, in particular through the EU Framework for National Roma Integration Strategies.
6. Enlargement countries are also affected by the global economic and financial crisis, which has highlighted the interdependence of national economies both within and outside the EU. In this regard, the Council underlines the importance of strengthening economic recovery as well as the EU’s commitment to continue assisting these countries with policy advice and financial assistance. Further efforts to deliver structural reform, fiscal consolidation and EU-related reforms, including embracing Europe 2020, should accelerate this recovery and growth, and help these countries prepare for the new surveillance procedures in the Economic and Monetary Union. In light of the far-reaching changes to economic governance in the EU currently underway and the already high level of economic integration of the enlargement countries with the EU, the Union will continue to inform and associate these countries to changing economic governance in EU. The Council welcomes the Commission’s intention to gradually adapt economic surveillance of enlargement countries. The Council also welcomes the initiative of the Commission to use the Western Balkans Investment Framework to help prepare and support investments in the region.
7. The Council reiterates that regional cooperation and good neighbourly relations remain essential parts of the enlargement process. They contribute to prosperity, stability, reconciliation and a climate conducive to addressing open bilateral issues and the legacies of the past. The Council encourages all parties concerned to address bilateral issues, falling outside areas of EU competence and/or contractual obligations towards the EU, in a constructive spirit, as early as possible, taking into account overall EU interests and values. 8. The Council takes note of the ongoing work on a new Instrument for Pre-Accession Assistance (IPA), which will form the new framework for providing pre-accession assistance under the 2014-2020 multi-annual financial framework. It shares the Commission’s aim to strengthen the link between financial assistance and policy priorities for each enlargement country, including strengthening democratic institutions and the rule of law, good governance,
and more focus on socio-economic development. The Council considers that this new Instrument should, inter alia, increase flexibility and simplify procedures, while ensuring visibility, accountability and full transparency of actions undertaken, strengthened ownership and improved results and impact. The role of civil society should be enhanced both in programmes implemented through government bodies and as direct beneficiaries of EU assistance.
8. The Council takes note of the ongoing work on a new Instrument for Pre-Accession Assistance (IPA), which will form the new framework for providing pre-accession assistance under the 2014-2020 multi-annual financial framework. It shares the Commission’s aim to strengthen the link between financial assistance and policy priorities for each enlargement country, including strengthening democratic institutions and the rule of law, good governance, and more focus on socio-economic development. The Council considers that this new Instrument should, inter alia, increase flexibility and simplify procedures, while ensuring visibility, accountability and full transparency of actions undertaken, strengthened ownership and improved results and impact. The role of civil society should be enhanced both in programmes implemented through government bodies and as direct beneficiaries of EU assistance.
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Bosnia and Herzegovina
50. The Council reiterates its unequivocal support for Bosnia and Herzegovina’s EU perspective as a sovereign and united country enjoying full territorial integrity. To that end, the Council reaffirmed the March 2011 and subsequent Council Conclusions and the strategy they set out.
51. The Council notes that some progress was made at the start of 2012 with the formation of a State-level Council of Ministers. It welcomes the adoption of two key EU-related laws – Law on State Aid and Law on Population Census. However, it regrets that this momentum was not maintained and expresses disappointment that progress on the EU agenda has stalled and that the use of divisive rhetoric has continued.
52. The Council welcomes the launch of the European Commission’s High-Level Dialogue on the Accession Process with Bosnia and Herzegovina’s political representatives on 27 June 2012. It regrets that the timelines of the June Roadmap were not met. The Council continues to express concern over the lack of implementation of political agreements.
53. The Council reiterates that BiH, as a matter of priority, needs to bring its Constitution into compliance with the European Convention of Human Rights (Sejdic/Finci ruling). A credible effort in this regard remains necessary for the entry into force of Stabilisation and Association Agreement.
54. Completing the implementation of the Sejdic/Finci ruling and having a satisfactory track record in implementing its obligations under the SAA/Interim Agreement would be key elements for a credible membership application to be considered by the EU. The Council also underlines that establishing an effective coordination mechanism for engagement with the EU, including for an effective use of the EU’s pre-accession assistance, as well as ensuring fiscal sustainability remain key priorities. Implementation of the State Aid and Population Census Laws need to be ensured.
55. The Council reaffirms its support to the Structured Dialogue on Justice within the framework of the Stabilisation and Association Process and calls on all relevant authorities of Bosnia and Herzegovina to engage constructively in this process, with a view to guarantee the consolidation of an independent, accountable, credible, impartial and efficient judicial system, for the benefit of all citizens across the country.
56. The Council calls on the competent authorities of Bosnia and Herzegovina to implement without delay those actions which are necessary in view of Croatia’s accession to the EU. In particular, it urges the authorities to speed up the legislative alignment of the food safety and veterinary sectors, and upgrade the competent administrative structures in line with the European Commission’s recommendations, so that BiH is able to continue to export agricultural products to Croatia once Croatia becomes a member of the EU.
57. The Council urges Bosnia and Herzegovina’s political leaders to intensify efforts to fulfil the commitments they have made and achieve results for the citizens of the country. In this context, the formation of stable governments at all levels, which will focus on the EU agenda, is a priority. The EU will continue to strengthen its support for BiH’s EU integration process. In this context, the Council reaffirms its full support to the reinforced EU presence on the ground, including the setting up of field presences and strengthening in the rule of law area.
58. In the context of the EU overall strategy for Bosnia and Herzegovina, the Council looks forward to continuing discussion with the international community on the reconfiguration of the international presence, including its downsizing and possible relocation of the OHR, in the appropriate forum. In this regard, it notes the ongoing discussion on overlapping tasks between the OHR and the EU. It calls on Bosnia and Herzegovina to meet the outstanding objectives and conditions which remain necessary for the closure of the OHR.
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